80 FR 37599 - 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 126 (July 1, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 126 (July 1, 2015)
| Page Range | 37599-37600 | |
| FR Document | 2015-16189 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Notices] [Pages 37599-37600] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16189] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE021 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 eight commercial fishing vessels to fish outside of the limited access sea scallop regulations in support of a study on seasonal bycatch distribution and optimal scallop meat yield on Georges Bank. 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 July 16, 2015. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``DA15-036 CFF Georges Bank Optimization 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 ``DA15-036 CFF Georges Bank Optimization Study EFP.'' FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management Specialist, 978-282-8456. SUPPLEMENTARY INFORMATION: NOAA awarded the Coonamesset Farm [[Page 37600]] Foundation (CFF) a grant through the 2015 Atlantic sea scallop research set-aside program, in support of a project titled, ``Optimizing the Georges Bank Scallop Fishery by Maximizing Meat Yield and Minimizing Bycatch.'' CFF submitted a complete application for an EFP on June 4, 2015. The project would look primarily at seasonal distribution of bycatch in relation to sea scallop meat weight yield while minimizing impacts to other stocks. Additional objectives include continued testing of a modified dredge bag design to reduce flatfish bycatch and collecting biological samples to examine scallop meat quality and yellowtail flounder liver disease. CFF is requesting exemptions that would allow eight commercial fishing vessels be exempt from the Atlantic sea scallop days-at-sea (DAS) allocations at 50 CFR 648.53(b); Closed Area II scallop gear restrictions specified at Sec. 648.81(b); access area program requirements at Sec. 648.60(a)(4); crew size restrictions at Sec. 648.51(c); and possession limits and minimum size requirements specified in 50 CFR part 648, subsections B and D through O, for sampling purposes only. Eight vessels would conduct scallop dredging in a year-round seasonal study on a total of eight 7-day trips, for a total of 56 DAS. Each trip would complete approximately 70 paired tows per trip for an overall total of 560 tows for the project. Closed Area II tows would take place in the central portion situated below the Closed Area II Habitat Closure Area of the Atlantic Sea Scallop Closed Area II Rotational Closed Area. Open area tows would be conducted on the northern half of Georges Bank west of the boundary of Closed Area II. CFF proposed tow locations inside the Closed Area II Habitat Closure Area. NOAA Fisheries does not believe that access to this area should be granted until a final outcome from the Omnibus Habitat Amendment II is determined, which is currently under development. NOAA Fisheries recognizes there is a potential for gear conflict with lobster gear in the central portion of CAII. In an effort to help mitigate gear interactions, the project coordinator would distribute the time and location of stations to the lobster industry, work only during daylight hours, post an extra lookout to avoid gear, and conduct fishing operations in a way that avoids tangling in stationary gear. The lobster industry in relation to other actions has also expressed concern about the potential harvest of egg-bearing female lobsters in this area during the months of June-October. We do not expect the DAS, crew size or possession limits and minimum size exemptions to generate any controversy or concern. We will send the EFP notice to the Offshore Lobster association to ensure they are provided adequate opportunity to provide comment. All tows would be conducted with two tandem 15-foot (4.57-meter) turtle deflector dredges for a duration of 30 minutes using an average tow speed of 4.8 knots. One dredge would be rigged with a 7-row apron and twine top hanging ratio of 2:1, while the other dredge would be rigged with a 5-row apron and 1.5:1 twine top hanging ratio. Both dredge frames would be rigged with identical rock and tickler chain configurations, 10-inch (25.4-cm) twine top, and 4-inch (10.16-cm) ring bag. For all tows the entire sea scallop catch would be counted into baskets and weighed. One basket from each dredge would be randomly selected and the scallops would be measured in 5-mm increments to determine size selectivity. All finfish catch would be sorted by species and then counted and measured. Weight, sex, and reproductive state would be determined for a random subsample (n=10) of yellowtail, winter, and windowpane flounders. Lobsters would be measured, sexed, and evaluated for damage and shell disease. Maximum catch estimates for lobster for the project would be approximately 283 individuals. With the exception of samples retained for further processing, no catch would be retained for longer than needed to conduct sampling and no catch would be landed for sale. Project Catch Estimates ---------------------------------------------------------------------------------------------------------------- Species Minimum Maximum ---------------------------------------------------------------------------------------------------------------- American Lobster -- 283 individuals ---------------------------------------------------------------------------------------------------------------- lbs mt lbs mt ---------------------------------------------------------------------------------------------------------------- Scallops........................................ 30,300 13.74 124,400 56.43 Yellowtail...................................... 2,900 1.32 5,300 2.40 Winter Flounder................................. 1,700 0.77 2,700 1.22 Windowpane Flounder............................. 4,000 1.81 4,900 2.22 Monkfish........................................ 12,600 5.72 18,400 8.35 Other Fish...................................... 3,000 1.36 3,300 1.50 Barndoor Skate.................................. 5,700 2.59 5,900 2.68 NE Skate Complex................................ 81,200 36.83 106,900 48.49 ---------------------------------------------------------------------------------------------------------------- CFF needs these exemptions to allow them to conduct experimental dredge towing without being charged DAS, as well as deploy gear in areas that are currently closed to scallop fishing. Participating vessels need crew size waivers to accommodate science personnel and possession waivers will enable them to conduct finfish sampling activities. 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: June 26, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-16189 Filed 6-30-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices 37599
requirements of the Magnuson-Stevens 2015 (80 FR 11981). The public Authority: 16 U.S.C. 971 et seq., and 1801
Fishery Conservation and Management comment period for the draft EFH 5- et seq.
Act and implementing regulations. Year Review ended on April 6, 2015. Dated: June 26, 2015.
NMFS has determined that revisions to The final EFH 5-Year Review for Emily H. Menashes,
EFH descriptions and designations are Atlantic HMS includes tunas (bluefin, Acting Director, Office of Sustainable
warranted, and an amendment to the bigeye, albacore, yellowfin, and Fisheries, National Marine Fisheries Service.
2006 Consolidated Atlantic HMS FMP skipjack), oceanic sharks, swordfish, [FR Doc. 2015–16191 Filed 6–30–15; 8:45 am]
will be initiated. and billfishes (blue marlin, white BILLING CODE 3510–22–P
DATES: The Final Atlantic HMS EFH 5- marlin, sailfish, roundscale spearfish,
Year Review will be available on July 1, and longbill spearfish). The Atlantic
2015. HMS EFH 5-Year Review considers data DEPARTMENT OF COMMERCE
ADDRESSES: Electronic copies of the regarding Atlantic HMS and their
Draft Atlantic HMS EFH 5-Year Review habitats that have become available National Oceanic and Atmospheric
may be obtained on the internet at: since 2009 that were not included in Administration
http://www.nmfs.noaa.gov/sfa/hms/ Final Amendment 1 to the 2006 RIN 0648–XE021
documents/2015_final_efh_review.pdf. Consolidated Atlantic HMS
FOR FURTHER INFORMATION CONTACT: (Amendment 1; June 1, 2010, 75 FR Magnuson-Stevens Act Provisions;
Peter Cooper at 301–427–8503, or 30484); Final Environmental Impact General Provisions for Domestic
Jennifer Cudney at 727–824–5399. Statement for Amendment 3 to the 2006 Fisheries; Application for Exempted
SUPPLEMENTARY INFORMATION: The Consolidated HMS FMP (June 1, 2010, Fishing Permits
Magnuson-Stevens Fishery 75 FR 30484); and the interpretive rule
AGENCY: National Marine Fisheries
Conservation and Management Act that described EFH for roundscale
Service (NMFS), National Oceanic and
(Magnuson-Stevens Act) includes spearfish (September 22, 2010, 75 FR
Atmospheric Administration (NOAA),
provisions concerning the identification 57698).
Commerce.
and conservation of EFH (16 U.S.C. NMFS analyzed the information
ACTION: Notice; request for comments.
1801 et seq.). EFH is defined in 50 CFR gathered through the EFH review
600.10 as ‘‘those waters and substrate process in this final 5-year review and SUMMARY: The Assistant Regional
necessary to fish for spawning, determined that revision of EFH is Administrator for Sustainable Fisheries,
breeding, feeding, or growth to warranted, and an amendment to the Greater Atlantic Region, NMFS, has
maturity.’’ NMFS must identify and 2006 Consolidated Atlantic HMS FMP made a preliminary determination that
describe EFH, minimize to the extent will be undertaken. In reviewing an Exempted Fishing Permit application
practicable the adverse effects of fishing literature since 2009, new data emerged contains all of the required information
on EFH, and identify other actions to for certain Atlantic HMS that warrant and warrants further consideration. This
encourage the conservation and revision to those species’ EFH Exempted Fishing Permit would allow
enhancement of EFH (§ 600.815(a)). EFH geographic boundaries. For other eight commercial fishing vessels to fish
maps are presented online in the NMFS Atlantic HMS, new data were either outside of the limited access sea scallop
EFH Mapper (http:// unavailable or it was determined that regulations in support of a study on
www.habitat.noaa.gov/protection/efh/ the new data did not warrant revisions seasonal bycatch distribution and
habitatmapper.html). Federal agencies to their EFH geographic boundaries. optimal scallop meat yield on Georges
that authorize, fund, or undertake However, in the upcoming amendment, Bank.
actions that may adversely affect EFH new observer, survey, and tag/recapture Regulations under the Magnuson-
must consult with NMFS, and NMFS data collected since 2009 will be used Stevens Fishery Conservation and
must provide conservation to revise EFH geographic boundaries for Management Act require publication of
recommendations to Federal and state all species. The current EFH this notification to provide interested
agencies regarding any such actions methodology to designate EFH parties the opportunity to comment on
(§ 600.815(a)(9)). geographic boundaries for Atlantic HMS applications for proposed Exempted
In addition to identifying and was first applied in Amendment 1, and Fishing Permits.
describing EFH for managed fish Atlantic HMS EFH geographic DATES: Comments must be received on
species, a review of EFH must be boundaries have not since been updated or before July 16, 2015.
conducted every 5 years, and EFH using this methodology. It is unknown ADDRESSES: You may submit written
provisions must be revised or amended, how data that have been consistently comments by any of the following
as warranted, based on the best collected since 2009 (e.g., observer, methods:
available scientific information. The survey, tag/recapture) will impact EFH • Email: nmfs.gar.efp@noaa.gov.
EFH 5-Year Review evaluates published geographic boundaries. Therefore, all Include in the subject line ‘‘DA15–036
scientific literature, unpublished Atlantic HMS EFH geographic CFF Georges Bank Optimization Study
scientific reports, information solicited boundaries will be updated to see how EFP.’’
from interested parties, and previously these data will impact EFH geographic • Mail: John K. Bullard, Regional
unavailable or inaccessible data. NMFS boundaries, even for species where Administrator, NMFS, Greater Atlantic
announced the initiation of this review there was limited or no new EFH data Regional Fisheries Office, 55 Great
and solicited information for this review found in the literature review. Republic Drive, Gloucester, MA 01930.
from the public in a Federal Register The upcoming EFH amendment will Mark the outside of the envelope
‘‘DA15–036 CFF Georges Bank
tkelley on DSK3SPTVN1PROD with NOTICES
notice on March 24, 2014 (79 FR 15959). consider all 10 EFH components,
The initial public review/submission including individual species EFH Optimization Study EFP.’’
period ended on May 23, 2014. The descriptions, EFH conservation and FOR FURTHER INFORMATION CONTACT:
draft EFH 5-Year Review was made enhancement recommendations for Shannah Jaburek, Fisheries Management
available in March 2015 and public fishing and non-fishing effects on EFH, Specialist, 978–282–8456.
comments on the draft were solicited in and identification of HAPCs, as well as SUPPLEMENTARY INFORMATION: NOAA
a Federal Register notice on March 5, scientific feedback and public comment. awarded the Coonamesset Farm
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![37600 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices
Foundation (CFF) a grant through the place in the central portion situated All tows would be conducted with
2015 Atlantic sea scallop research set- below the Closed Area II Habitat Closure two tandem 15-foot (4.57-meter) turtle
aside program, in support of a project Area of the Atlantic Sea Scallop Closed deflector dredges for a duration of 30
titled, ‘‘Optimizing the Georges Bank Area II Rotational Closed Area. Open minutes using an average tow speed of
Scallop Fishery by Maximizing Meat area tows would be conducted on the 4.8 knots. One dredge would be rigged
Yield and Minimizing Bycatch.’’ northern half of Georges Bank west of with a 7-row apron and twine top
CFF submitted a complete application the boundary of Closed Area II. CFF hanging ratio of 2:1, while the other
for an EFP on June 4, 2015. The project proposed tow locations inside the dredge would be rigged with a 5-row
would look primarily at seasonal Closed Area II Habitat Closure Area. apron and 1.5:1 twine top hanging ratio.
distribution of bycatch in relation to sea NOAA Fisheries does not believe that
Both dredge frames would be rigged
scallop meat weight yield while access to this area should be granted
minimizing impacts to other stocks. with identical rock and tickler chain
until a final outcome from the Omnibus
Additional objectives include continued Habitat Amendment II is determined, configurations, 10-inch (25.4-cm) twine
testing of a modified dredge bag design which is currently under development. top, and 4-inch (10.16-cm) ring bag.
to reduce flatfish bycatch and collecting NOAA Fisheries recognizes there is a For all tows the entire sea scallop
biological samples to examine scallop potential for gear conflict with lobster catch would be counted into baskets
meat quality and yellowtail flounder gear in the central portion of CAII. In an and weighed. One basket from each
liver disease. CFF is requesting effort to help mitigate gear interactions, dredge would be randomly selected and
exemptions that would allow eight the project coordinator would distribute the scallops would be measured in 5-
commercial fishing vessels be exempt the time and location of stations to the mm increments to determine size
from the Atlantic sea scallop days-at-sea lobster industry, work only during selectivity. All finfish catch would be
(DAS) allocations at 50 CFR 648.53(b); daylight hours, post an extra lookout to sorted by species and then counted and
Closed Area II scallop gear restrictions avoid gear, and conduct fishing measured. Weight, sex, and
specified at § 648.81(b); access area operations in a way that avoids tangling
reproductive state would be determined
program requirements at § 648.60(a)(4); in stationary gear. The lobster industry
for a random subsample (n=10) of
crew size restrictions at § 648.51(c); and in relation to other actions has also
expressed concern about the potential yellowtail, winter, and windowpane
possession limits and minimum size
harvest of egg-bearing female lobsters in flounders. Lobsters would be measured,
requirements specified in 50 CFR part
648, subsections B and D through O, for this area during the months of June- sexed, and evaluated for damage and
sampling purposes only. October. We do not expect the DAS, shell disease. Maximum catch estimates
Eight vessels would conduct scallop crew size or possession limits and for lobster for the project would be
dredging in a year-round seasonal study minimum size exemptions to generate approximately 283 individuals. With
on a total of eight 7-day trips, for a total any controversy or concern. We will the exception of samples retained for
of 56 DAS. Each trip would complete send the EFP notice to the Offshore further processing, no catch would be
approximately 70 paired tows per trip Lobster association to ensure they are retained for longer than needed to
for an overall total of 560 tows for the provided adequate opportunity to conduct sampling and no catch would
project. Closed Area II tows would take provide comment. be landed for sale.
PROJECT CATCH ESTIMATES
Species Minimum Maximum
American Lobster — 283 individuals
lbs mt lbs mt
Scallops ........................................................................................................... 30,300 13.74 124,400 56.43
Yellowtail .......................................................................................................... 2,900 1.32 5,300 2.40
Winter Flounder ............................................................................................... 1,700 0.77 2,700 1.22
Windowpane Flounder ..................................................................................... 4,000 1.81 4,900 2.22
Monkfish ........................................................................................................... 12,600 5.72 18,400 8.35
Other Fish ........................................................................................................ 3,000 1.36 3,300 1.50
Barndoor Skate ................................................................................................ 5,700 2.59 5,900 2.68
NE Skate Complex .......................................................................................... 81,200 36.83 106,900 48.49
CFF needs these exemptions to allow may be granted without further notice if Dated: June 26, 2015.
them to conduct experimental dredge they are deemed essential to facilitate Emily H. Menashes,
towing without being charged DAS, as completion of the proposed research Acting Director, Office of Sustainable
well as deploy gear in areas that are and have minimal impacts that do not Fisheries, National Marine Fisheries Service.
currently closed to scallop fishing. change the scope or impact of the [FR Doc. 2015–16189 Filed 6–30–15; 8:45 am]
Participating vessels need crew size initially approved EFP request. Any BILLING CODE 3510–22–P
waivers to accommodate science fishing activity conducted outside the
personnel and possession waivers will
tkelley on DSK3SPTVN1PROD with NOTICES
scope of the exempted fishing activity
enable them to conduct finfish sampling would be prohibited.
activities.
Authority: 16 U.S.C. 1801 et seq.
If approved, the applicant may
request minor modifications and
extensions to the EFP throughout the
year. EFP modifications and extensions
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Document Created: 2015-12-15 13:19:47
Document Modified: 2015-12-15 13:19:47
| 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 July 16, 2015. | |
| Contact | Shannah Jaburek, Fisheries Management Specialist, 978-282-8456. | |
| FR Citation | 80 FR 37599 | |
| RIN Number | 0648-XE02 |
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