[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31420-31421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13316]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW63


Magnuson Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

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

ACTION: Notice; request for comments.

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SUMMARY:  The Regional Administrator, Southwest Region, NMFS, has made 
a preliminary determination that an application for an Exempted Fishing 
Permit (EFP) warrants further consideration. The application was 
submitted by members of the Pacific sardine fishing industry, who 
request an exemption from seasonal closures of the directed fishery to 
conduct a survey designed to estimate the population size of Pacific 
sardine. NMFS requests public comment on the application.

DATES:  Comments must be received by July 6, 2010.

ADDRESSES:  You may submit comments on this notice, identified by 0648-
XW63, by any one of the following methods:
    <bullet> Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.
    <bullet> Fax: (562) 980-4047, Att: Joshua Lindsay.

FOR FURTHER INFORMATION CONTACT: A copy of the application can viewed 
at the following website http://swr.nmfs.noaa.gov/fmd/cps/Sardine_EFP_2010_Full_ Application--042910-1.pdf; or by contacting Joshua 
Lindsay, Southwest Region, NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: On March 10, 2010, NMFS published a final 
rule implementing the harvest guideline (HG) and annual specifications 
for the 2010 Pacific sardine fishing season off the U.S. West Coast (75 
FR 11068). As part of these management measures the Council 
recommended, and NMFS approved, that 5,000 metric tons (mt) of the 
maximum harvest guideline (HG) be initially subtracted and set aside 
for potential industry based research projects. Members of the Pacific 
sardine fishing industry, concerned about the difficulty of securing 
fishing vessels for research purposes during the normal fishing season, 
requested this separate allocation so that they could conduct research 
fishing activities after fishing is closed. The 5,000 mt set aside was 
intended to allow for potential research fishing in the second seasonal 
period (July 1 - September 14, 2009) and third seasonal period 
(September 15 - December 31, 2009), to continue if that period's 
directed fishery allocation is reached and directed fishing is closed.
    NMFS approval and issuance of an EFP is required to conduct the 
fishing activities proposed by the applicants to occur when directed 
fishing is not

[[Page 31421]]

allowed. At the March 2010 Council meeting, the Council reviewed an EFP 
application that proposed to utilize the entire 5,000 mt set aside. The 
applicants proposed the use of 4200 mt to replicate the summer survey 
conducted under the EFP approved in 2009 and expand the sample size and 
area covered. In addition to the summer survey, the applicants proposed 
to use 800 mt of the set aside to run a fall pilot project to test the 
viability of alternative tools and methodologies. The proposal went 
forward for public comment and was reviewed by the Council again at 
their April meeting, at which time the Council recommended that NMFS 
approve and issue the EFP.
    One of the goals set forth in the EFP application is the 
development of an index of biomass for Pacific sardine, with the desire 
that this index be included in the subsequent Pacific sardine stock 
assessment. If NMFS determines that an EFP cannot be issued, then the 
set aside will be re allocated to the third period's directed harvest 
allocation. Any research set aside attributed to an EFP for use during 
the closed fishing time in the second allocation period (prior to 
September 15), but not utilized, will roll into the third allocation 
period's directed fishery. Any research set aside attributed to an EFP 
for use during the closed fishing time in the third allocation period, 
but not utilized, will not be re-allocated.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: May 28, 2010.
Carrie Selberg,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2010-13316 Filed 6-2-10; 8:45 am]
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