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Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits; West Coast Pelagic Conservation Group

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


Notice; request for comments.


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 West Coast Pelagic Conservation Group (a non-profit fishing industry group), requests an exemption from the expected prohibition on primary directed fishing for Pacific sardine for the 2020-2021 fishing year to collect Pacific sardine as part of an industry-based scientific survey. NMFS requests public comment on the application.


Comments must be received by July 7, 2020.


You may submit comments on this document, identified by NOAA-NMFS-2020-0069, by the following method:

Electronic Submissions: Submit all public comments via the Federal e-Rulemaking Portal. Go to​#!docketDetail;​D=​NOAA-NMFS-2020-0069, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments. The Exempted Fishing Permit application will be available under Supporting and Related Materials 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 sent by any other method or 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 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 otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

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Lynn Massey, West Coast Region, NMFS, (562) 436-2462,

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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 May 27, 2020, NMFS published a proposed rule (85 FR 31733) to implement Pacific sardine harvest specifications for the 2020-2021 fishing year off the U.S. West Coast. This proposed rule included a 4,288 metric ton (mt) annual catch limit (ACL), a 4,000-mt annual catch target (ACT) and a prohibition on directed fishing for Pacific sardine off the coasts of Washington, Oregon, and California, except as part of the live bait or minor directed fisheries, or as part of EFP fishing activities.

On April 21, 2020, the West Coast Pelagic Conservation Group (WCPCG) submitted an EFP application to NMFS requesting to directly harvest up to 5 mt of Pacific sardine as part of their “Collaborative “Proof of Concept Project” for Nearshore Surveillance Acoustic Trawl Methodology Survey of North West Coastal Waters” survey during the 2020-2021 fishing year. At the April 2020 Pacific Fishery Management Council (Council) meeting, although formal Council review and approval of EFPs was removed from the Council's agenda, the Council expressed support for this EFP proposal during their discussion of sardine management measures.

Since 2017, the WCPCG has been working with NMFS Southwest Fisheries Science Center (SWFSC) and the Washington Department of Fish and Wildlife to survey CPS in nearshore Oregon/Washington coastal waters. The purpose of the EFP is to collect biological samples in areas inshore of the 2020 NMFS SWFSC acoustic trawl survey to better assess species composition and CPS distribution and abundance. The collections under the EFP would take place in nearshore waters of Oregon and Washington over a 14-day period between approximately mid-June through August, 2020. Any harvest under this EFP would count against the 2020-2021 ACL and ACT for Pacific sardine. If NMFS does not issue this EFP, then this 5-mt portion of the ACL would be available for harvest by other permissible fishing activities.

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.

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

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Dated: June 17, 2020.

Hélène M.N. Scalliet,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

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[FR Doc. 2020-13378 Filed 6-19-20; 8:45 am]