80 FR 18821 - 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 67 (April 8, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 67 (April 8, 2015)
| Page Range | 18821-18823 | |
| FR Document | 2015-08056 |
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)] [Notices] [Pages 18821-18823] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08056] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD885 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 (Assistant Regional Administrator), 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 up to three commercial fishing vessels to conduct exploratory fishing in year-round groundfish closed areas (Closed Areas I and II) for the purposes of obtaining fisheries dependent catch information. This research is being conducted by Atlantic Trawlers Fishing, Inc. 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 23, 2015. ADDRESSES: You may submit written comments by any of the following methods:Email nmfs.gar.efp@noaa.gov. Include in the subject line ``Comments on Exploratory Closed Area Fishing EFP.'' Mail: John K. Bullard, Regional Administrator, NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ``Comments on Closed Area Exploratory Fishing EFP.'' FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management Specialist, 978-675-2153, brett.alger@noaa.gov. SUPPLEMENTARY INFORMATION: In a 2014 proposed rule for Northeast Multispecies Sectors that would have allowed vessels using selective trawl gear into portions of year-round Georges Bank (GB) groundfish closed areas (CAs) I and II, we announced interest in gathering catch data from these areas through exempted fishing permits (EFPs) (79 FR 14639, March 17, 2014). Because many of these areas have been closed to groundfish bottom trawling for nearly 20 years, fisheries dependent data collected through an EFP would help inform whether to allow conditional access to CAs I and II to sector vessels through the sector exemption process. Data from vessels operating under an EFP may be used to characterize catch rates of target and non-target species in the CAs, as well as help inform industry on the economic feasibility of industry-funded monitoring for trips into CAs I and II. In April 2014, we announced our intention to issue an EFP to Atlantic Trawlers Fishing, Inc. (79 FR 23940, [[Page 18822]] April 29, 2014). In May 2014, an EFP was issued that authorized vessels to fish inside portions of groundfish CA I and CA II during specified times of the fishing year. For more details on the original application and objectives of this EFP, reference last year's notice or visit http://www.greateratlantic.fisheries.noaa.gov/mediacenter/2014/EFPsgroundfish_closed_areas.html. Additionally, for preliminary catch information from Atlantic Trawlers Fishing, Inc., visit http://www.greateratlantic.fisheries.noaa.gov/aps/monitoring/nemultispecies.html. Due to several factors, including catch rates, time and area access to CAs I and II, and weather, only 12 trips were taken under the EFP in fishing year 2014. Because there were a limited amount of trips and, therefore, not enough information to make a determination on whether or not to approve access to CAs I and II through the sector exemption process, we did not approve access for sectors in fishing year 2014. Additionally, we did not propose to allow sector vessels access to CAs I and II for fishing year 2015 (80 FR 12380, March 19, 2015), however, Atlantic Trawlers Fishing, Inc., has requested an EFP renewal for fishing year 2015 to continue collecting data under the same exemptions as their previous EFP. Atlantic Trawlers Fishing, Inc., seeks to address five objectives as follows: (1) Generate data on the composition of catch, including presence and absence of target (e.g., GB haddock) and non-target species; (2) test the effectiveness of utilizing gear comparable to the Canadian haddock fishery on GB (e.g., haddock separator trawl with 5.1- inch (13-cm) square mesh codend) to improve haddock selectivity, catch ratios, and improved annual catch limit (ACL) utilization rates; (3) collect data to examine the economic feasibility of an industry funded monitoring program for CA trips; (4) test the effectiveness of providing access to portions of the existing CAs for improving utilization rates of GB haddock; and (5) collect information from CAs I and II so that we may conduct analyses to determine whether fishing can be allowed at a level of observer coverage of less than 100 percent, should an exemption be considered and approved. To fulfill these objectives, three vessels would be allowed to use nets with either a haddock separator trawl or a Ruhle trawl, fitted with either a 6-inch (15.2-cm) diamond mesh codend (currently allowed in the fishery) or a 5.1-inch (13-cm) square mesh codend (not currently allowed in the fishery). The applicant claims that the 5.1-inch (13-cm) square mesh codend will improve their ability to target legal-size haddock while maintaining the ability to filter out small non-target catch, including sub-legal haddock. Preliminary results indicate that the two codends have similar selectivity characteristics, but additional replicates are needed. In addition, for sampling purposes, vessels would be authorized to temporarily retain sub-legal fish, and fish in excess of possession limits. All undersized fish and fish in excess of possession limits would be discarded as soon as practicable following data collection. All three vessels would be accompanied by a technician with an at-sea monitor certification and equipped with echo sounders that operate on multiple frequencies, which provide the capability of revealing fish size distribution and bottom hardness. For CA I, vessels would have access from May 1, 2015, through February 15, 2016, but would not be given access to areas within CA I that are existing Habitat Management Areas. Additionally, vessels would not be given access to areas that are Habitat Management Area alternatives contained in the Council's draft Omnibus Habitat Amendment as of April 30, 2015. We have raised concerns about spawning of groundfish in CA I from January 1 to February 15, but Atlantic Trawlers Fishing, Inc., has requested access for this period to collect information to address questions about spawning fish. For CA II, vessels would have access from May 1, 2015, through June 15, 2015, and then from November 1, 2015, through February 15, 2016, but would not be given access to areas within CA II that are existing Habitat Management Areas. Additionally, vessels would not be given access to areas that are Habitat Management Area alternatives contained in the Council's draft Omnibus Habitat Amendment as of April 30, 2015. Similar to CA I, we have raised concerns about spawning of groundfish in CA II from January 1 to February 15, but Atlantic Trawlers Fishing, Inc., has requested access for this period to collect information to address questions about spawning fish. The dates for CA II access reflect an agreement between sector trawl fishermen and the lobster industry to avoid gear conflicts. Atlantic Trawlers Fishing, Inc., would not access portions of CA II from June 15 through November 1, the time period that the lobster industry is allowed access. Atlantic Trawlers Fishing, Inc., requests issuance of the EFP for the entire fishing year in order to use a smaller mesh codend throughout the year, but access to the closed areas would be for only portions of the year. Fishing effort under the EFP would be heavily dependent upon operational decisions dictating whether to fish within CAs I and II, as compared to outside the areas. As previously described, Atlantic Trawlers Fishing, Inc., has stated that the directed haddock fishery is highly dynamic and requires a high degree of mobility. If approved, the three participating vessels would focus on the directed haddock fishery throughout the study period, and make tows both inside and outside the CAs on the same trip. Vessel tow duration would vary from 30 minutes to 3 hours, and tow time and speed would be at the discretion of the vessel operator. However, in order to conduct statistical comparisons between meshes or areas, the vessels would be required to conduct some tows in a specific sequence and for a specified amount of time. While this may be disruptive to the commercial enterprise, it would ensure that codend comparison data are representative of the fishery and can be used to inform any potential future management decisions. Trawling would occur up to 18 hours per fishing day, an average trip would last seven days (five days fishing and two days steaming), and there would be an average of three trips total, per month. Under the EFP in fishing year 2014, this would have resulted in approximately 72 trips, however, Atlantic Trawlers Fishing, Inc., only took the 12 trips. Under the renewed EFP, vessels would be limited to the remaining amount of trips (i.e., 60), but anticipate taking far fewer than that amount. All legal sized fish will be landed and sold with all proceeds retained by the vessel owner. All three vessels are members of the Sustainable Harvest Sector (SHS) and all catch of allocated stocks (e.g., haddock, cod) would be accounted for under the annual catch entitlements (ACEs) of the SHS. If the SHS exceeds its ACE for an allocated stock, it would need to lease in additional ACE in order to continue fishing. If approved, Atlantic Trawlers Fishing, Inc., 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. [[Page 18823]] Authority: 16 U.S.C. 1801 et seq. Dated: April 3, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-08056 Filed 4-7-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18821
Fishery Management Council (Council), Governor of American Samoa submitted Greater Atlantic Region, NMFS
1164 Bishop St., Suite 1400, Honolulu, the MCP to NMFS, the designee of the (Assistant Regional Administrator), has
HI 96813, tel 808–522–8220, Secretary, for review and approval. made a preliminary determination that
www.wpcouncil.org. The American Samoa MCP contains an exempted fishing permit application
FOR FURTHER INFORMATION CONTACT: Bob six conservation and management contains all of the required information
Harman, Sustainable Fisheries, NMFS objectives, listed below. Please refer to and warrants further consideration. This
Pacific Islands Regional Office, 808– the MCP for planned projects and exempted fishing permit would allow
725–5170. activities designed to meet each up to three commercial fishing vessels
objective, the evaluative criteria, and to conduct exploratory fishing in year-
SUPPLEMENTARY INFORMATION: Section
priority rankings. round groundfish closed areas (Closed
204(e) of the Magnuson-Stevens Fishery
Areas I and II) for the purposes of
Conservation and Management Act MCP Objectives
obtaining fisheries dependent catch
(Magnuson-Stevens Act) authorizes the 1. Maximize social and economic information. This research is being
Secretary of State, with the concurrence benefits through sustainable fisheries conducted by Atlantic Trawlers Fishing,
of the Secretary of Commerce development. Inc.
(Secretary) and in consultation with the 2. Support quality scientific research Regulations under the Magnuson-
Council, to negotiate and enter into a to assess and manage fisheries. Stevens Fishery Conservation and
Pacific Insular Area fishery agreement 3. Promote an ecosystem approach in Management Act require publication of
(PIAFA). A PIAFA would allow foreign fisheries management, reduce waste in this notification to provide interested
fishing within the U.S. Exclusive fisheries and minimize interactions parties the opportunity to comment on
Economic Zone (EEZ) adjacent to between fisheries and protected species. applications for proposed exempted
American Samoa, Guam, or the 4. Recognize the importance of island fishing permits.
Northern Mariana Islands with the culture and traditional fishing in DATES: Comments must be received on
concurrence of, and in consultation managing fishery resources and foster or before April 23, 2015.
with, the Governor of the Pacific Insular opportunities for participation.
Area to which the PIAFA applies. ADDRESSES: You may submit written
5. Promote education and outreach
Before entering into a PIAFA, the comments by any of the following
activities and regional collaboration
appropriate Governor, with the methods:
regarding fisheries conservation. • Email nmfs.gar.efp@noaa.gov.
concurrence of the Council, must 6. Encourage development of
develop a 3-year MCP providing details Include in the subject line ‘‘Comments
technologies and methods to achieve the
on uses for any funds collected by the on Exploratory Closed Area Fishing
most effective level of enforcement and
Secretary under the PIAFA. EFP.’’
to ensure safety at sea. • Mail: John K. Bullard, Regional
The Magnuson-Stevens Act requires This notice announces that NMFS has
payments received under a PIAFA to be Administrator, NMFS, NE Regional
determined that the American Samoa
deposited into the United States Office, 55 Great Republic Drive,
MCP satisfies the requirements of the
Treasury and then conveyed to the Gloucester, MA 01930. Mark the outside
Magnuson-Stevens Act and approves
Treasury of the Pacific Insular Area for of the envelope ‘‘Comments on Closed
the MCP for the 3-year period from
which funds were collected. In the case Area Exploratory Fishing EFP.’’
April 1, 2015, through March 31, 2018.
of violations by foreign fishing vessels FOR FURTHER INFORMATION CONTACT:
This MCP supersedes the one approved
in the EEZ around any Pacific Insular for the period August 11, 2012, through Brett Alger, Fisheries Management
Area, amounts received by the Secretary August 10, 2015 (77 FR 58813, Specialist, 978–675–2153, brett.alger@
attributable to fines and penalties September 24, 2012). noaa.gov.
imposed under the Magnuson-Stevens Dated: April 3, 2015. SUPPLEMENTARY INFORMATION: In a 2014
Act, including sums collected from the proposed rule for Northeast
Alan D. Risenhoover,
forfeiture and disposition or sale of Multispecies Sectors that would have
property seized subject to its authority, Director, Office of Sustainable Fisheries, allowed vessels using selective trawl
National Marine Fisheries Service.
shall be deposited into the Treasury of gear into portions of year-round Georges
[FR Doc. 2015–08070 Filed 4–7–15; 8:45 am]
the Pacific Insular Area adjacent to the Bank (GB) groundfish closed areas (CAs)
EEZ in which the violation occurred, BILLING CODE 3510–22–P I and II, we announced interest in
after direct costs of the enforcement gathering catch data from these areas
action are subtracted. The government through exempted fishing permits
DEPARTMENT OF COMMERCE
may use funds deposited into the (EFPs) (79 FR 14639, March 17, 2014).
Treasury of the Pacific Insular Area for National Oceanic and Atmospheric Because many of these areas have been
fisheries enforcement and for Administration closed to groundfish bottom trawling for
implementation of an MCP. nearly 20 years, fisheries dependent
An MCP must be consistent with the RIN 0648–XD885 data collected through an EFP would
Council’s fishery ecosystem plans, must help inform whether to allow
identify conservation and management Magnuson-Stevens Act Provisions; conditional access to CAs I and II to
objectives (including criteria for General Provisions for Domestic sector vessels through the sector
determining when such objectives are Fisheries; Application for Exempted exemption process. Data from vessels
met), and must prioritize planned Fishing Permits operating under an EFP may be used to
asabaliauskas on DSK5VPTVN1PROD with NOTICES
marine conservation projects. Although AGENCY: National Marine Fisheries characterize catch rates of target and
no foreign fishing is being considered at Service (NMFS), National Oceanic and non-target species in the CAs, as well as
this time, at its 160th meeting held June Atmospheric Administration (NOAA), help inform industry on the economic
24–27, 2014, in Honolulu, the Council Commerce. feasibility of industry-funded
reviewed and approved the MCP for ACTION: Notice; request for comments. monitoring for trips into CAs I and II.
American Samoa and recommended its In April 2014, we announced our
submission to the Secretary for SUMMARY: The Assistant Regional intention to issue an EFP to Atlantic
approval. On March 16, 2015, the Administrator for Sustainable Fisheries, Trawlers Fishing, Inc. (79 FR 23940,
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![Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18823
Authority: 16 U.S.C. 1801 et seq. the comment period, may not be other species would be allowed in
Dated: April 3, 2015. considered by NMFS. All comments accordance with the current regulations.
Emily H. Menashes, received are a part of the public record Some of the sites being considered in
Acting Director, Office of Sustainable
and will generally be posted for public Amendment 36 were recommended for
Fisheries, National Marine Fisheries Service. viewing on www.regulations.gov protection by a Marine Protected Area
without change. All personal identifying (MPA) Expert Workgroup that was
[FR Doc. 2015–08056 Filed 4–7–15; 8:45 am]
information (e.g., name, address, etc.), formed by the Council in 2012. The
BILLING CODE 3510–22–P
confidential business information, or MPA Expert Workgroup is comprised of
otherwise sensitive information scientists and fishermen with
DEPARTMENT OF COMMERCE submitted voluntarily by the sender will experience studying snapper-grouper
be publicly accessible. NMFS will fish species and observing fish in
National Oceanic and Atmospheric accept anonymous comments (enter ‘‘N/ spawning condition.
Administration A’’ in the required fields if you wish to NMFS previously published NOIs to
remain anonymous). notify the public that the Council and
RIN 0648–XD882 NMFS are considering the establishment
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, NMFS SERO, telephone: 727– of spatial management areas. NMFS
Fisheries of the Caribbean, Gulf of published an NOI to prepare a DEIS for
Mexico, and South Atlantic; Snapper- 824–5305, or email: rick.devictor@
noaa.gov. Kim Iverson, Public the Comprehensive Ecosystem-Based
Grouper Fishery off the South Atlantic Amendment 3 (CE–BA 3) on May 23,
States; Amendment 36 Information Officer, South Atlantic
Fisheries Management Council, 4055 2012 (77 FR 30506). One proposed
AGENCY: National Marine Fisheries Faber Place Drive,Suite 201, North action in CE–BA 3 was to modify
Service (NMFS), National Oceanic and Charleston, SC 29405; telephone: 843– existing MPAs or to establish new ones;
Atmospheric Administration (NOAA), 571–4366, or email: kim.iverson@ however, that action was moved to
Commerce. safmc.net. Regulatory Amendment 17. An NOI for
ACTION: Notice of Intent (NOI) to prepare
Regulatory Amendment 17 was
SUPPLEMENTARY INFORMATION: In 1983, published on December 4, 2013 (78 FR
a draft environmental impact statement the Council and NMFS established a
(DEIS); request for comments; notice of 72867). Through Regulatory
procedure under the FMP for the Amendment 17, the Council intended to
scoping meetings. Snapper-Grouper Fishery of the South further reduce bycatch mortality of
SUMMARY: NMFS, Southeast Region, in Atlantic Region for designation of SMZs speckled hind and warsaw grouper and
collaboration with the South Atlantic to protect artificial reef habitats. The increase protection to their habitat.
Fishery Management Council (Council), procedure includes the development of However, at their June 2014 meeting,
intends to prepare a DEIS to describe recommendations to establish an SMZ the Council decided not to proceed
and analyze a range of alternatives for by a monitoring team, a review of the further with the development of
management actions to be included in recommendations by the Council, and Regulatory Amendment 17.
Amendment 36 to the Fishery submittal of the recommendations to the NMFS, in collaboration with the
Management Plan (FMP) for the NMFS Southeast Regional Council, will develop a DEIS to describe
Snapper-Grouper Fishery of the South Administrator (RA). The RA reviews the and analyze alternatives to address the
Atlantic Region (Amendment 36). Council’s recommendations and may management needs described above
Amendment 36 will consider propose regulations in accordance with including the ‘‘no-action’’ alternative. In
alternatives to implement special the recommendations or take no action. accordance with NOAA’s
management zones (SMZs). The purpose The Council and NMFS have used the Administrative Order 216–6, Section
of this NOI is to solicit public comments procedure to establish artificial reef 5.02(c), Scoping Process, NMFS, in
on the scope of issues to be addressed SMZs in the South Atlantic region. The collaboration with the Council, has
in the DEIS and to announce scoping SMZs protect artificial reef habitat by identified preliminary environmental
meetings. prohibiting the use of gear types such as issues as a means to initiate discussion
fish traps and bottom longlines. for scoping purposes only. The public is
DATES: Written comments on the scope Through Amendment 36, the Council invited to attend scoping meetings
of issues to be addressed in the DEIS is considering modifications to the SMZ (dates and addresses below) and provide
will be accepted until May 8, 2015. process and framework procedures to written comments on the preliminary
ADDRESSES: You may submit comments include the consideration of SMZs that issues, which are identified as actions
on the NOI identified by ‘‘NOAA– would protect locations where snapper- and alternatives in the Amendment 36
NMFS–2015–0050’’ by either of the grouper fish species are likely to spawn scoping document. These preliminary
following methods: and natural habitats that support issues may not represent the full range
• Electronic submissions: Submit spawning fish. Protecting locations of issues that will eventually be
electronic comments via the Federal e- where fish spawn and protecting natural evaluated in the DEIS. A copy of the
Rulemaking Portal. Go to www. habitats that support spawning fish will Amendment 36 scoping document is
regulations.gov/#!docketDetail; likely enhance stock productivity and available at http://sero.nmfs.noaa.gov/
D=NOAA-NMFS-2015-0050, click the may act as an effective strategy when sustainable_fisheries/s_atl/sg/
‘‘Comment Now!’’ icon, complete the managing a sustainable fish population. index.html.
required fields, and enter or attach your In the amendment, the Council is also After the DEIS associated with
asabaliauskas on DSK5VPTVN1PROD with NOTICES
comments. considering the implementation of Amendment 36 is completed, it will be
• Mail: Submit written comments to SMZs to protect spawning snapper- filed with the Environmental Protection
Rick DeVictor, NMFS Southeast grouper species in the South Atlantic Agency (EPA). After filing, the EPA will
Regional Office (SERO), 263 13th region. The measures in Amendment 36 publish a notice of availability of the
Avenue South, St. Petersburg, FL 33701. would prohibit fishing for, harvest, and/ DEIS for public comment in the Federal
Instructions: Comments sent by any or possession of species in the snapper- Register. The DEIS will have a 45-day
other method, to any other address or grouper fishery management unit year- comment period. This procedure is
individual, or received after the end of round in the proposed SMZs; fishing for pursuant to regulations issued by the
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Document Created: 2018-02-21 10:06:35
Document Modified: 2018-02-21 10:06:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received on or before April 23, 2015. | |
| Contact | Brett Alger, Fisheries Management Specialist, 978-675-2153, [email protected] | |
| FR Citation | 80 FR 18821 | |
| RIN Number | 0648-XD88 |
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