80 FR 15193 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 55 (March 23, 2015)

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow one commercial fishing vessel to fish outside of the limited access scallop days-at-sea program in support of research conducted by the National Fisheries Institute that is investigating scallop incidental mortality in the scallop dredge fishery. Additionally, the Exempted Fishing Permit would exempt participating vessels from the crew size restriction; mesh size restrictions; obstruction in gear restrictions; and possession limits and minimum size requirements for sampling purposes only. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Notices]
[Pages 15193-15194]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06550]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD844


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.

-----------------------------------------------------------------------

SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary 
determination that an Exempted Fishing Permit application contains all 
of the required information and warrants further consideration. This 
Exempted Fishing Permit would allow one commercial fishing vessel to 
fish outside of the limited access scallop days-at-sea program in 
support of research conducted by the National Fisheries Institute that 
is investigating scallop incidental mortality in the scallop dredge 
fishery. Additionally, the Exempted Fishing Permit would exempt 
participating vessels from the crew size restriction; mesh size 
restrictions; obstruction in gear restrictions; and possession limits 
and minimum size requirements for sampling purposes only.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed Exempted Fishing Permits.

DATES: Comments must be received on or before April 7, 2015.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on NFI 2014 Incidental Discard Mortality EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
NFI 2014 Incidental Discard Mortality EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management 
Specialist, 978-282-8456.

SUPPLEMENTARY INFORMATION: NOAA awarded the National Fisheries 
Institute (NFI) a grant through the 2014 Atlantic sea scallop research 
set-aside program in support of a project titled, ``Determining 
Incidental Discard Mortality of Atlantic Sea Scallops, Placopecten 
magellanicus, in the Scallop Dredge Fishery in the Mid-Atlantic 
Bight.'' NFI submitted a complete Exempted Fishing Permit (EFP) 
application on May 13, 2014, but delayed work on the project until 
spring of 2015. NFI is requesting exemptions that would allow one 
commercial fishing vessel to fish outside of the limited access 
Atlantic sea scallop days-at-sea (DAS) regulations found at 50 CFR 
648.53(b); mesh size restrictions at Sec.  648.51(a)(2); obstruction in 
dredge gear restrictions at Sec.  648.51(b)(4)(iii); and the crew size 
regulations at Sec.  648.51(c). In addition, the EFP would temporarily 
exempt the participating vessel from possession limits and minimum size 
requirements specified in 50 CFR part 648, subsections B and D through 
O, for sampling purposes only. Any fishing activity conducted outside

[[Page 15194]]

the scope of the exempted fishing activity would be prohibited.
    The project would conduct dredging activities to assess the 
incidental mortality of scallops passing through the 4-inch (10.16-cm) 
rings of a 12-foot (4.57-meter) Turtle Deflector Dredge on sandy and 
hard (gravel) substrates. Dredging would be conducted over 
approximately 5 DAS during the proposed period of May 2015 through June 
2015. All dredging would occur in open access scallop fishing areas off 
the coast of New Jersey. A total of 20 scallop tows would be conducted 
(10 tows per substrate). Each tow would be made at depths of 18 to 25 
fathoms for a duration of 40 minutes. The scallop vessel would fish two 
dredges simultaneously. One dredge would use an experimental net bag 
cover and the other would fish with the industry standard 12-foot 
(4.57-meter) turtle excluder dredge. The experimental cover is 
constructed of 1\7/8\-inch (4.76-cm) mesh and sewn into the top of the 
dredge apron. The bag can be dumped independently of the 4-inch (10.16-
cm) ring bag to collect the scallops and other organisms that pass 
through the 4-inch (10.16-cm) rings. The dredge configurations would be 
switched to the opposite side after five tows for each substrate.
    All scallops that filter through the 4-inch (10.16-cm) rings and 
into the mesh bag would be measured for shell height and assessed for 
damage to the shell in one of three categories: Not injured; sub-lethal 
(repairable); or lethal (non-repairable). After shell condition is 
assessed, shells would be spray painted with tow number in the 
corresponding spray paint color and placed in a whelk pot, which would 
be attached to the sea floor near the fishing grounds. Two additional 
DAS would be utilized, one each at 1 week and 2 weeks after initial 
survey, to assess mortality based on initial damage. The whelk pots 
would be removed from the ocean bottom after week-two sampling is 
complete. The weight of scallop catch retained in the 4-inch (10.16-cm) 
ring bags of both dredges would be estimated by the captain. 
Researchers would take shell measurements of a subsample of 50 scallops 
per tow per dredge to determine size selectivity within each dredge. 
All other bycatch in the experimental net bag would be sorted, the 
captain would estimate the weights, and researchers would measure a 
minimum of 25 lengths per individual species. No catch would be landed 
for sale.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.

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

     Dated: March 18, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-06550 Filed 3-20-15; 8:45 am]
 BILLING CODE 3510-22-P