[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Page 67253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21329]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB844]


Pacific Island Fisheries; Experimental Fishing Permit

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

ACTION: Notice; amendment of permit.

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SUMMARY: NMFS issued an amended experimental fishing permit (EFP) to 
the Hawaii Longline Association (HLA) on September 20, 2023 to evaluate 
the risk of seabird interactions in the Hawaii shallow-set longline 
fishery when setting fishing gear 1 hour before and 1 hour after local 
sunset and using tori lines instead of required blue-dyed bait and 
strategic offal discharge as seabird mitigation measures. The intent of 
the EFP is to conduct a preliminary evaluation of potential alternative 
effective methods of discouraging seabird interactions while providing 
operational flexibility during setting in the shallow-set longline 
fishery. The amendment will extend the expiration date to August 24, 
2024 and modify the list of vessels authorized under the EFP. All other 
terms and conditions of the EFP are unchanged. The amended EFP 
invalidates and replaces the EFP issued by NMFS to HLA on January 24, 
2023.

DATES: The EFP is authorized from March 24, 2022, through August 24, 
2024.

ADDRESSES: Copies of the EFP, HLA's application, and supporting 
documents are available at https://www.regulations.gov/docket/NOAA-NMFS-2021-0128.

FOR FURTHER INFORMATION CONTACT: Heather Nelson, Sustainable Fisheries, 
NMFS Pacific Islands Regional Office, tel (808) 725-5179.

SUPPLEMENTARY INFORMATION: NMFS is issuing an amended EFP to the HLA 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the Fishery Ecosystem Plan for 
Pelagic Fisheries of the Western Pacific (FEP), and regulations at 50 
CFR 665.17. Under the EFP, HLA will conduct a pilot test of tori lines 
(bird scaring streamers) as replacement seabird mitigation measures to 
discourage seabird interactions during setting in the Hawaii shallow-
set longline fishery. The purpose of the experiment is to test new ways 
to mitigate seabird interactions that also increase operational 
flexibility during setting. HLA will use no more than one vessel at any 
given time to test tori lines as an alternate seabird mitigation 
measure to currently required blue-dyed bait, strategic offal 
discharge, and night setting measures (50 CFR 665.815(a)(2) & (4)).
    On March 18, 2022, under the authority of the Magnuson-Stevens Act, 
the FEP, and regulations at 50 CFR 665.17, NMFS issued an EFP to the 
HLA to evaluate the risk of seabird interactions in the Hawaii shallow-
set longline fishery when setting fishing gear one hour before and one 
hour after local sunset and using tori lines instead of required blue-
dyed bait and strategic offal discharge as seabird mitigation measures. 
The EFP was authorized from March 24, 2022, through September 24, 2023. 
On January 24, 2023, NMFS issued an amended EFP which authorized the 
participation of a new vessel, the F/V Vui Vui II under the EFP and 
approved the tori line design submitted to NMFS by HLA. All other terms 
and conditions of the EFP remained the same. This EFP invalidated and 
replaced the EFP issued by NMFS to HLA on March 24, 2022.
    In a letter to NMFS dated June 13, 2023 HLA notified NMFS that no 
fishing effort occurred under the EFP due to unforeseen circumstances, 
including a delay in obtaining electronic monitoring equipment and crew 
shortages, and that none of the authorized vessels will participate in 
the trial. HLA requested a permit modification to authorize the 
participation of the F/V's Queen Diamond (Official No. 964927), Queen 
Diamond II (Official No. 949947), Lady Luck (Official No. 905580), and 
Lucky Lady (Official No. 616365) in place of the authorized vessels, 
and to extend the expiration date of the EFP through August 2024.
    The requested vessels are of the same type, with a similar length 
and weight as the previously authorized vessels. No experimental 
fishing has occurred under the current permit, and the proposed 
extension is an extension of time to conduct the experimental fishing 
contemplated by the 2022 permit, rather than an extension that would 
allow for more effort than what was originally considered (80 fishing 
sets).
    The project is limited in scale (only 4 vessels, setting a combined 
total of 80 sets with no more than 1 vessel operating at any given 
time), proposes a minor change in fishing operations that does not have 
the potential to change the overall effects of the fishery, and will be 
effective for no longer than 11 months. All other regulatory 
requirements would remain in effect for participating vessels, 
including seabird mitigation requirements at 50 CFR 665.815(a)(2) for 
strategic offal discharge during hauling, and 50 CFR 665.815(b) for 
short-tailed albatross handling techniques.
    In addition, gear configurations and operations under the EFP would 
be compliant with international seabird mitigation requirements under 
the Western and Central Pacific Fisheries Commission and the Inter-
American Tropical Tuna Commission. More information about the EFP may 
be found in the December 15, 2021 notice, and in HLA's EFP application 
(see ADDRESSES).
    The amended EFP is effective through August 24, 2024, unless 
revoked, suspended, or modified earlier.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 25, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-21329 Filed 9-28-23; 8:45 am]
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