80 FR 31893 - Atlantic Coastal Fisheries Cooperative Management 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 107 (June 4, 2015)

The NMFS Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, 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 eight commercial lobster vessels to participate in a lobster growth and abundance study, under the direction of Massachusetts Division of Marine Fisheries in state and Federal waters off the coast of Massachusetts. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notification to provide interested parties the opportunity to comment on Exempted Fishing Permit applications.

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31893-31894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13643]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD949


Atlantic Coastal Fisheries Cooperative Management 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.

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SUMMARY: The NMFS Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Region, 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 eight commercial lobster vessels to 
participate in a lobster growth and abundance study, under the 
direction of Massachusetts Division of Marine Fisheries in state and 
Federal waters off the coast of Massachusetts.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act and the Atlantic Coastal Fisheries Cooperative 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on Exempted Fishing 
Permit applications.

DATES: Comments must be received on or before June 19, 2015.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on MA DMF Lobster Study 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 MA 
DMF Lobster Study EFP.''

FOR FURTHER INFORMATION CONTACT: Sustainable Fisheries Division, 978-
281-9315.

SUPPLEMENTARY INFORMATION: The Massachusetts Division of Marine 
Fisheries (MA DMF) submitted a complete application for an Exempted 
Fishing Permit (EFP) to conduct a 2-year lobster abundance survey with 
modified lobster gear that Federal regulations would otherwise 
restrict. The purpose of this lobster study is to provide fishery-
independent data on lobster

[[Page 31894]]

abundance in Massachusetts state waters of statistical area 514, from 
Ipswich Bay south to Cape Cod Bay; and state and Federal waters of 
Buzzards Bay, Vineyard Sound, and nearshore portions of Rhode Island 
Sound, in statistical areas 537 and 538. Currently, lobster abundance 
and distribution studies are primarily conducted through fishery 
independent, random stratified bottom-trawl surveys. MA DMF has stated 
that trawl surveys lack the capability to efficiently target areas with 
rocky bottom where lobsters also reside, and is seeking an EFP to use 
fixed lobster gear to sample such areas.
    The EFP would authorize commercial lobster vessels to set, haul, 
and retain on board lobster traps with closed escape vents during 
sampling activity. Following a soak time ranging from 3 to 5 days, 
these lobster traps would be hauled twice per month on dedicated 
sampling trips, with at least one scientist from MA DMF on board during 
sampling activity. During sampling trips, no catch will be retained for 
sale or sold.
    MA DMF requests exemption from lobster gear regulations to allow 
for closed escape vents in order to catch lobsters of all sizes. MA DMF 
is also requesting exemption from lobster trap limits. This would allow 
participating vessels to retain on-board survey lobster traps that may 
cause vessels to exceed their permitted allocation for Lobster 
Management Area (LMA) 1 (800 trap limit) or LMA 2 (historical 
qualification up to 800 trap limit). Federal lobster regulations 
require each active lobster trap to have a commercial trap tag 
permanently affixed. MA DMF is requesting exemption from this 
requirement because survey traps will be tagged with ``MA DMF Research 
Trap.''
    MA DMF is also requesting exemption from the management area 
designation requirement to allow one Federal lobster permit holder to 
fish experimental traps in LMA 2 while having an LMA 3 designation on 
his Federal permit. This exemption would allow the vessel to set survey 
traps in an area not designated on his permit. This exemption would not 
allow him to commercially fish and/or land lobsters caught with traps 
in LMA 2.
    Site selection would be based on a random stratified sampling 
design, consistent with standardized methodology used to perform 
lobster surveys. All catch during dedicated research trips would be 
retained on-board for a short period of time to allow MA DMF staff to 
record the following information: Number of lobsters caught; number of 
traps hauled; set-over days; trap and bait type; lobster carapace 
length; sex; shell hardness; culls and other shell damage; external 
gross pathology including symptoms of shell disease; mortality; and 
ovigerous status. MA DMF is requesting exemption from management 
measures of LMA 1 and 2 for lobster size restrictions, v-notch 
possession, and egg-bearing lobster possession. MA DMF plans on 
retaining a small amount of lobsters for growth and maturity research 
purposes.
    If approved, MA DMF may request minor modifications and extensions 
to the EFP throughout the study. 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: June 1, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-13643 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-22-P