Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Highly Migratory Species; Opening of Tier 9 Application Period, 1083-1084 [2024-30443]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Notices]
[Pages 1083-1084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30443]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE519]


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Highly Migratory Species; Opening of Tier 9 Application Period

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; permit application period opening.

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SUMMARY: NMFS announces the opening of the permit application period 
for initial issuance of limited entry deep-set buoy gear permits under 
qualification tier 9. Authorized through implementation of Amendment 6 
to the Fishery Management Plan (FMP) for U.S. West Coast Fisheries for 
Highly Migratory Species (HMS) and its implementing regulations, tier 9 
was established as the final tier in a ranking system for issuance of 
limited entry deep-set buoy gear permits. Tier 9 permits for deep-set 
buoy gear will be available through the National Permits System.

DATES: The application period for initial issuance of deep-set buoy 
gear permits issued under tier 9 is February 1 through March 31, 2025.

ADDRESSES: This notice is accessible via the internet at the Office of 
the Federal Register website at https://www.federalregister.gov. 
Background information on Amendment 6 to the HMS FMP and supporting 
documents are available at the NOAA Fisheries West Coast Region website 
at https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, 
[email protected] or 206-526-4491.

SUPPLEMENTARY INFORMATION:

Background

    The FMP for U.S. West Coast Fisheries for HMS and its implementing 
regulations at title 50 in the Code of Federal Regulations, part 660, 
subpart K, regulate commercial and recreational fishing for HMS in the 
U.S. exclusive economic zone off the coasts of Washington, Oregon, and 
California and in adjacent high seas waters. NMFS published Amendment 6 
and its implementing regulations on May 8, 2023 (88 FR 29545). 
Amendment 6 authorizes deep-set buoy gear (DSBG) as an additional gear 
type for catching swordfish and other HMS in Federal waters off of 
California and Oregon. The Pacific Fishery Management Council 
recommended that NOAA Fisheries authorize DSBG as an additional 
commercial gear type to improve the economic viability of the West 
Coast-based swordfish fishery while minimizing bycatch to the extent 
practicable. The regulations also established a limited entry (LE) 
regime for ``phased-in'' permitting of DSBG fishing within Federal 
waters of the Southern California Bight (see 50 CFR 660.707(g)). Tier 9 
is the final phase of that LE permit regime.

Tier 9 Permits

    As required by the regulations at Sec.  660.707(g)(12), once the 
list of initial approved qualifiers for tiers 1 through 8 is exhausted, 
NMFS may begin accepting applications under tier 9. Additionally, as 
required by regulations, NMFS must announce the opening of tier 9 in 
the Federal Register. This notice serves as that announcement.
    Therefore, beginning on February 1, 2025, and ending on March 31, 
2025, NMFS will accept applications for initial issuance of LE DSBG 
permits under tier 9. NMFS will continue to accept applications for 
tier 9 permits on an annual basis and issue up to 25 permits per year 
until a total of 300 LE DSBG permits are issued, unless NMFS determines 
that the maximum number of permits should be fewer than 300 and 
publishes a subsequent rulemaking. The process for initial issuance of 
LE DSBG permits to applicant that qualify under tier 9, which can be 
found at Sec.  660.707(g)(12), is summarized below.
    To qualify for a LE DSBG permit under tier 9, an applicant must be 
a ``person'' as defined at Sec.  660.702 and must not already own a LE 
DSBG permit either individually or as a shareholder in a business which 
owns a LE DSBG permit.
    To apply for a LE DSBG permit under tier 9 in 2025, a person must 
submit a complete application to NMFS through the National Permits 
System website no later than 11:59 p.m. Pacific daylight time on March 
31, 2025. A complete initial issuance application package consists of 
the following: a completed initial issuance application form, which may 
include ownership interest for businesses, and as required under Sec.  
660.707(g)(3)(ii); a current copy of the U.S. Coast Guard Documentation 
Form or State registration form for the vessel that will be registered 
to the permit; and payment of required fees. NMFS may require 
additional documentation as it deems necessary to make a determination 
on the application. The

[[Page 1084]]

initial issuance application package will be considered incomplete 
until the required information is submitted. NMFS will decline to act 
on an incomplete application.
    NMFS will issue LE DSBG permits to approved applicants under tier 9 
on a first come, first served basis, according to the date and time 
that their application was submitted through the National Permits 
System. NMFS will issue up to 25 permits each year. If NMFS approves 
more than 25 applications in a single year, the approved applicants 
above 25 (who were not issued a permit) will receive priority for 
permit issuance the following year, according to the date and time that 
their complete applications were received.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 17, 2024.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-30443 Filed 1-6-25; 8:45 am]
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