Consideration of Exempted Fishing Permits for Testing Fishing Practices to Target Swordfish and Other Marketable Highly Migratory Species in the United States West Coast Exclusive Economic Zone: Final Environmental Impact Statement

The National Marine Fisheries Service (NMFS) is proposing to issue exempted fishing permits (EFPs) to allow the use of longline-type fishing practices (i.e., hooks set along a horizontal mainline) in a portion of the United States (U.S.) West Coast Exclusive Economic Zone (EEZ), to target swordfish (Xiphias gladius) and other marketable highly migratory species (HMS). With input from the Pacific Fishery Management Council (Council), NMFS reviews EFP applications for consistency with key standards under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and objectives of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The HMS FMP was established in 2004 and allows comprehensive Federal management of HMS fisheries with decision-making supported by the Council process. In 2014, the Council solicited EFP applications to test modified drift gillnet or alternative fishing practices as exemptions from regulations implemented under the HMS FMP. A key purpose was to collect more information to facilitate Council decision- making in support of statutory objectives of the MSA, such as achieving optimum yield (i.e., MSA- National Standard 1) and minimizing bycatch (i.e., MSA-National Standard 9). The Council annually reviews and makes recommendations on EFP applications to NMFS. NMFS determines whether to issue EFPs pursuant to MSA-implementing regulations at 50 CFR 600.745(b). Proposed legislation to transition away from use of drift gillnet in the U.S. West Coast EEZ spurred interest among drift gillnet vessels in obtaining EFPs to test other fishing practices. In December of 2022, with the enactment of the Driftnet Modernization and Bycatch Reduction Act which amended the MSA, NMFS was directed (through the Secretary of Commerce) to establish a transition program to facilitate the phase-out of drift gillnet fishing gear and adoption of alternative fishing practices that minimize incidental catch of living marine resources. The purpose of the Proposed Action, here, is to allow exploratory HMS fishing operations to test alternative fishing practices, collect information useful for assessing the type and extent of interactions with protected species and non-target finfish, evaluate the economic viability of operations, and inform future management decisions for HMS fisheries in the U.S. EEZ. The Proposed Action is needed to authorize the use of otherwise prohibited fishing practices in Federal waters off the U.S. West Coast. The Proposed Action alternatives cover deep-setting and shallow-setting fishing practices as well as a suite of mandatory terms and conditions and a menu of additional terms and conditions that could apply individual EFPs. The Proposed Action is expected to result in some bycatch of non-target finfish and interactions with protected species. These expectations are based on catch rates from proxy datasets from U.S. fisheries and EFP fishing trials.