[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]
[Page 32618-32619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-35]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA73
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permit
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 to NMFS by a California-based commercial fisherman requesting
an exemption for a single vessel from the longline fishing prohibitions
within the U.S. Exclusive Economic Zone (EEZ) off the west coast during
the 2007 fishing year beginning mid-September 2007. The Regional
Administrator has also made a preliminary determination that the
activities authorized under the EFP would be consistent with the goals
and objectives of the Fishery Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species (HMS FMP). However, further
review and consultation is necessary before a final determination is
made to issue the EFP. Therefore, NMFS proposes to review the EFP and
requests public comment on the application.
DATES: Comments must be received by July 13, 2007.
ADDRESSES: You may submit comments on this notice, identified by RIN
0648-XA73 by any of the following methods:
E-mail: LonglineEFP.SWR@noaa.gov. Include the RIN in the
subject line of the message.
Federal e-Rulemaking portal: http://www.regulations.gov.
Following the instructions for submitting comments.
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-
4213.
Fax: (562) 980-4047.
FOR FURTHER INFORMATION CONTACT: Mark Helvey, Southwest Region, NMFS,
(562) 980-4040.
SUPPLEMENTARY INFORMATION: An application for an EFP was submitted to
the Pacific Fisheries Management Council (Council) by Peter Dupuy, a
commercial fishing vessel owner, in March, 2006. The EFP would exempt a
single vessel from following the gear and fishing restrictions at 50
CFR 660.712(a) implementing the HMS FMP that prohibit owners and
operators of vessels registered for use of longline gear from using
longline gear to fish for or target HMS within the U.S. EEZ. The
applicant applied for the EFP with the intent to conduct an exploratory
test fishery with a single vessel to gather information on the economic
viability and environmental effects, including the potential impacts to
protected species and non-target finfish interactions, of fishing for
swordfish in the West Coast EEZ.
At its April 2007, meeting, the Council, with advice from its HMS
Management Team and HMS Advisory Subpanel, adopted a preferred
alternative for conditioning the EFP and forwarded that alternative to
NMFS, recommending that the agency review the proposed EFP and, if
consistent with Federal law, issue the permit. The Council recommended
that the applicant be subject to a interaction cap of one short-finned
pilot whale and 12 striped marlin, and not fish off the state of
Washington. The Council also recommended that the fishery be managed
through limits on the amount of incidental take of protected species
that may be exposed to and adversely affected by this action that are
to be established based upon section 7 consultations under the
Endangered Species Act by NMFS for marine mammals and sea turtles and
by the U. S. Fish and Wildlife Service for seabirds. If any one of the
limits set by these consultations is reached by the fishery authorized
by the EFP, the permit would be immediately revoked. The EFP would
require 100 percent NMFS observer coverage for all fishing under the
EFP. The Council's recommendations, described above, would be
established as permit conditions.
If approved, the EFP would authorize a single vessel to longline
fish in the EEZ off of Oregon and California. Under the proposed terms
and conditions of the EFP, the vessel would target swordfish utilizing
shallow-set longline gear which is set at a shallower depth (< 100 m)
than deep-set longline gear which is typically set in the deeper
thermocline zone (~300 400 m) for tunas. The applicant would be allowed
a maximum of four trips between September and December, 2007, and a
maximum of 14 sets per trip. Fishing will neither be allowed within 30
nautical miles of the coastline nor within the Southern California
Bight as defined by the applicant. Utilizing shallow-set longline gear
configuration, the mainline cannot exceed 100 km and no more than 1,200
hooks can be deployed per set. The use of 18/0 circle hooks with a 10
[deg] offset and the use of mackerel or mackerel-type bait (as
described at 50 CFR 665.33(f) and (g), respectively) is required. To
reduce potential interactions with seabirds, gear would not be set
until one hour after local sunset and must be fully deployed before
local sunrise with attached time/depth recorders to estimate fishing
depth. Utilization of a NMFS-certified shark de-hooking device will be
required to improve the post-release survivability of incidentally
captured sharks.
Aside from the exemptions described above, the vessel fishing under
the EFP would be subject to all other regulations implementing the HMS
FMP, including measures to protect sea turtles, marine mammals, and sea
birds.
The EFP application would be effective for 2007 only. In accordance
with NOAA Administrative Order 216-6, an appropriate National
Environmental Policy Act document will be completed prior to the
issuance of the EFP. A draft environmental assessment on the EFP was
presented to the Council and public in April 2007. Further review and
consultation is necessary before a final determination is made to issue
the EFP. As required in Section 7(a)(2) of the Endangered Species Act
(16 U.S.C. 1531 et seq.), NMFS is engaged in formal consultation to
determine if the proposed action is likely to jeopardize the continued
[[Page 32619]]
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: June 6, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E7-11192 Filed 6-12-07; 8:45 am]
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