[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1401-1402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00310]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB526]


Magnuson-Stevens Fishery Conservation and Management Act; General 
Provisions for Domestic Fisheries; Application for Exempted Fishing 
Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 1402]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: NMFS has determined that three exempted fishing permit (EFP) 
applications warrant further consideration and is requesting public 
comment on those applications and on the Pacific Fishery Management 
Council's (Council) recommendations following its September 2021 
meeting. The EFP applicants request an exemption from a prohibition on 
the use of unauthorized gear to harvest highly migratory species (HMS) 
under the Fishery Management Plan for U.S. West Coast Fisheries for 
Highly Migratory Species (HMS FMP). The purpose of this exemption is to 
test the effects and efficacy of using new or alternative gear types to 
harvest swordfish and other HMS off of the U.S. West Coast.

DATES: Comments must be submitted in writing by February 10, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0106, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter [NOAA-NMFS-2021-0106] in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    <bullet> Mail: Submit written comments to Chris Fanning, NMFS West 
Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. 
Include the identifier ``NOAA-NMFS-2021-0106'' in the comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#9becf8e9b5f3f6e8dbf5f4fafab5fcf4ed"><span class="__cf_email__" data-cfemail="f3849081dd9b9e80b39d9c9292dd949c85">[email protected]</span></a>.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast 
Region, 562-980-4198.

SUPPLEMENTARY INFORMATION: Under the HMS FMP, Deep-Set Buoy Gear (DSBG) 
and midwater snap gear are not identified as legal commercial fishing 
gears. Use of these gears is currently only authorized under individual 
EFPs issued by NMFS upon the recommendation of the Council. At its June 
2021 meeting, the Council reviewed 10 applications for HMS EFPs. The 
Council recommended that NMFS issue seven of the EFPs to authorize the 
use of DSBG and/or Deep-Set Linked Buoy Gear and that the Council 
consider the remaining three EFP applications (submitted by Mr. 
Bateman, Mr. Brown, and Mr. Perez) \1\ at its September 2021 meeting.
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    \1\ See https://www.pcouncil.org/june-2021-briefing-book/#F 
(F.3. Attachment 4, F.3. Attachment 4, and F.3. Attachment 9).
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    Regarding Mr. Brown and Mr. Bateman's EFP applications, the Council 
recommended in September 2021 that NMFS issue a single EFP covering the 
activities proposed in both applications and identifying the gear-type 
as ``midwater snap gear.'' The Council further recommended that the EFP 
incorporate in its Terms and Conditions the protective measures 
described in the California Department of Fish and Wildlife Report \2\ 
(but with a maximum of 150 hooks per set rather than the 75 hooks 
stated in the report), as well as the measures described in the 
Enforcement Consultant Committee Report.\3\
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    \2\ See https://www.pcouncil.org/documents/2021/09/d-3-a-revised-supplemental-cdfw-report-1.pdf/.
    \3\ See https://www.pcouncil.org/documents/2021/09/d-3-a-supplemental-ec-report-1.pdf/.
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    Regarding Mr. Perez's application, the Council did not take action 
on the portion of the application that requested authorization for 
fishing with DSBG and Night-Set Buoy Gear (NSBG) in selected areas in 
California state waters, as a Federal EFP is not applicable for 
activities in state waters. The Council did, however, recommend 
reissuance of Mr. Perez's existing EFP for activities in Federal 
waters, which would authorize the use of NSBG inside the U.S. Exclusive 
Economic Zone (EEZ). Council recommendations can be found in the 
September 2021 Council meeting Decision Document.\4\
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    \4\ See https://www.pcouncil.org/september-2021-decision-document/#HMS.
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    At this time, NMFS is requesting public comment on the EFP 
applications from Mr. Bateman and Mr. Brown and the recommendations of 
the Council during its September 2021 meeting related to those two 
applications. NMFS is also requesting public comment regarding the 
reissuance of Mr. Perez's existing EFP. NMFS will take the Council's 
recommendations into consideration along with public comments on how 
and whether to issue the EFPs. If NMFS issues EFPs based on the 
September 2021 Council recommendations, a total of five vessels could 
be allowed to fish with midwater snap gear, and one vessel with NSBG, 
inside the U.S. EEZ. Vessels fishing under an EFP would be subject to 
existing regulations, including measures to mitigate interactions with 
protected species.
    NMFS will consider all public comments submitted in response to 
this Federal Register notice prior to issuance of any EFP included in 
this notice. Additionally, NMFS will analyze the effects of issuing the 
EFPs in accordance with the National Environmental Policy Act and 
NOAA's Administrative Order 216-6, as well as for compliance with other 
applicable laws, including Section 7(a)(2) of the Endangered Species 
Act (16 U.S.C. 1531 et seq.), which requires the agency to consider 
whether the proposed action is likely to jeopardize the continued 
existence and recovery of any endangered or threatened species or 
result in the destruction or adverse modification of critical habitat.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 6, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-00310 Filed 1-10-22; 8:45 am]
BILLING CODE 3510-22-P


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