[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21835-21836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08215]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XW024]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Coastal Pelagic Species Fishery; Application for Exempted 
Fishing Permits; California Wetfish Producers Association

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, West Coast Region, NMFS, has made 
a preliminary determination that an application for an Exempted Fishing 
Permit warrants further consideration. The application, submitted by 
the California Wetfish Producers Association, requests an exemption 
from the prohibition on directed fishing for Pacific sardine during the 
remainder of the 2019-2020 fishing year and the upcoming 2020-2021 
fishing year. The goal of this research is to collect fishery-dependent 
data for potential use in the 2021 and 2022 Pacific sardine stock 
assessments. NMFS requests public comment on the application.

DATES: Comments must be received by May 5, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0060, by the following method:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0060, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments. The Exempted Fishing Permit application will be 
available under Relevant Documents through the same link.
     Instructions: Comments must be submitted by the above 
method to ensure that the comments are received, documented, and 
considered by NMFS. Comments received after the end of the comment 
period may not be considered. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or

[[Page 21836]]

otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).

FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS, 
(562) 436-2462, [email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the Coastal 
Pelagic Species (CPS) Fishery Management Plan (FMP) and regulations at 
50 CFR 600.745, which allow NMFS Regional Administrators to authorize 
exempted fishing permits (EFPs) to test fishing activities that would 
otherwise be prohibited.
    On April 6, 2020, the California Wetfish Producers Association 
(CWPA) submitted an EFP application to NMFS requesting an exemption 
from the prohibition on directed fishing for Pacific sardine as part of 
an industry-based scientific collection effort. The CWPA requested to 
directly harvest up to 640 metric tons (mt) of Pacific sardine during 
the remainder of the 2019-2020 fishing year, as well as 740 mt during 
the upcoming 2020-2021 fishing year, which will begin on July 1, 2020. 
Directed fishing for Pacific sardine, with exceptions for the minor 
directed fisheries, the live bait fishery, and EFP activities, is 
currently prohibited off the U.S. West Coast (84 FR 31222; July 1, 
2019) and on April 6, 2020, the Pacific Fishery Management Council 
voted to keep the primary directed fishery closed for the 2020-2021 
season as well.
    The primary directed fishery for Pacific sardine has been closed 
since 2015, and consequently, scientists at the Southwest Fisheries 
Science Center (SWFSC) have a limited amount of fishery-dependent data 
to use in their annual stock assessment. The goal of this EFP project 
is to provide additional biological data (i.e., age and length data 
from directed harvest) for potential use in the 2021 and 2022 stock 
assessments for Pacific sardine. Under this EFP project, six 
participating vessels would target Pacific sardine off the coasts of 
southern and central California with the goal of obtaining a minimum of 
six point sets during mid-May to June 30, 2020. During the 2020-2021 
fishing year, the same six vessels would target sardine with the goal 
of obtaining a minimum of six point sets during July 1, 2020 to 
December 31, 2020, and a minimum of six point sets during January 1, 
2021 to June 30, 2021.
    A portion of each point set (i.e., an individual haul of fish 
captured with a purse seine net) would be retained for biological 
sampling, and the remainder would be sold by the participating 
fishermen and processors to offset research costs and avoid unnecessary 
discard. EFP landings would be offloaded at ports in Monterey/Moss 
Landing, California (for central California landings) or Long Beach/San 
Pedro, California (for southern California landings), and the portion 
of fish retained for biological sampling would be received by staff at 
the California Department of Fish and Wildlife.
    NMFS does not expect any adverse biological impacts from this EFP 
project. Any harvest under this EFP would count against the annual 
catch limit (ACL) for Pacific sardine in both fishing years when EFP 
activities would occur. On July 1, 2019, NMFS published a final rule 
(84 FR 31222) to implement Pacific sardine harvest specifications for 
the 2019-2020 fishing year off the U.S. West Coast. This final rule 
included a 4,514-mt ACL and a prohibition on directed fishing for 
Pacific sardine with exceptions for the minor directed fisheries, the 
live bait fishery, and EFP activities. As of March 31, 2020, 
approximately 3,300 mt of the 4,514-mt ACL for the 2019-2020 fishing 
year remained unharvested. Based on existing and likely fishing 
pressure over the next three months, NMFS does not expect landings to 
approach the ACL. If NMFS does not issue this EFP, then the 640-mt 
request for EFP catch would be available for harvest by other 
permissible fishing activities prior to the end of the current fishing 
year, which ends on June 30, 2020.
    After publication of this document in the Federal Register, NMFS 
may approve and issue permits to participating vessels after the close 
of the public comment period.
    NMFS will consider comments submitted in deciding whether to 
approve the application as requested. NMFS may approve the application 
in its entirety or may make any alterations needed to achieve the goals 
of the EFP project.

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

    Dated: April 14, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-08215 Filed 4-17-20; 8:45 am]
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