80 FR 51539 - 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 164 (August 25, 2015)

Page Range		51539-51540
FR Document		2015-21008

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 two commercial fishing vessels to test the functional performance of a large-mesh belly panel to reduce windowpane flounder bycatch while fishing for scup within the Southern New England and Mid-Atlantic windowpane flounder stock area. The research would be conducted by the Cornell University Cooperative Extension of the Suffolk County Marine Program. 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 a proposed exempted fishing permit.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)

[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51539-51540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21008]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE124


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.

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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 two commercial fishing vessels to 
test the functional performance of a large-mesh belly panel to reduce 
windowpane flounder bycatch while fishing for scup within the Southern 
New England and Mid-Atlantic windowpane flounder stock area. The 
research would be conducted by the Cornell University Cooperative 
Extension of the Suffolk County Marine Program.
    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 a 
proposed exempted fishing permit.

DATES: Comments must be received on or before September 9, 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 Cornell Small Mesh Windowpane Bycatch EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester, 
MA 01930. Mark the outside of the envelope ``Comments on Cornell Small 
Mesh Windowpane Bycatch EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management 
Specialist, 978-281-9112, Reid.Lichwell@noaa.gov.

SUPPLEMENTARY INFORMATION: Cornell University Cooperative Extension of 
the Suffolk County Marine Program (CCE) submitted a complete 
application for an exempted fishing permit on June 18, 2015. This EFP 
would exempt vessels from the following regulations: 50 CFR 648.122(d), 
possession limits for scup. This EFP would also exempt participating 
vessels from possession limits and minimum size requirements specified 
in 50 CFR part 648, subparts B and D through O, including windowpane 
flounder, while samples are being weighed prior to discard. The EFP 
would allow these exemptions from September 1, 2015 to May 31, 2016.
    This exemption would allow vessels to retain scup in excess of the 
Winter II possession limit. The Winter II possession limit timeframe is 
November 1, 2015 to December 31, 2015, and the limit will be identified 
in a future Federal Register notice. This exemption would save the 
participating vessels time that would otherwise be used for transiting 
to port to unload catch and to

[[Page 51540]]

return to the research area to conduct more experimental tows. The 
temporary exemption from the regulated size and possession limits would 
allow for scup, windowpane flounder, and various bycatch species to be 
onboard the vessel while sampling and weighing activities are taking 
place prior to discard.
    The project will be conducted primarily during the fall months 
(September-November), while both scup and windowpane flounder reside 
predominately inshore, with the two species occurring together in high 
numbers south of Long Island, NY, and Nantucket, MA. However, trips may 
also occur in the spring if more data or additional trips are needed.
    The participating vessels would conduct research fishing 
concurrently, orienting the vessels side-by-side, within a half mile of 
each other while fishing gear is deployed. The vessels would be using 
typical scup trawl fishing methods and the participants would be 
members of the small mesh scup trawl fleet, holding scup permits. To 
test the experimental gear, one vessel will have its scup net modified 
with the large-mesh belly panel installed into the first belly of the 
net, the other vessel will have the same scup net without the large-
mesh belly panel added. The resulting catch data will identify the 
differences in catch between the standard net and the experimental net. 
The vessels will alternate the use of the standard net and the net with 
the experimental gear, giving each vessel the same amount of tows using 
each gear type. The two vessels would be of similar size and horsepower 
with identical doors, legs, and ground cables.
    The vessels will concurrently conduct seven days of research 
fishing over the course of two to three trips, with a minimum of six 
tows per day for each vessel, with each tow lasting an hour. This will 
provide a minimum of 84 tows (42 with the standard net and 42 with the 
experimental net) for the research project. Each vessel would weigh its 
respective catch of both scup and windowpane flounder and measure the 
length of 100 random samples of each species after each tow. If fewer 
than 100 individuals from a sample species are caught, all individuals 
will be measured. The total weight of all additional species from each 
tow will be obtained either by weighing or by catch estimations.
    The vessels would retain legal size scup and other legally 
permitted species to be landed and sold. Windowpane flounder and other 
prohibited species will not be retained. No additional mortality of 
fish species or interactions with protected species would occur during 
this project, beyond that of typical commercial scup trawl operations.
    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: August 20, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-21008 Filed 8-24-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices 51539

(80 FR 48828). This notice is a community and professional affiliations; contains all of the required information
correction to the number of vacant seats views regarding the protection and and warrants further consideration. This
available for the Stellwagen Bank management of marine or Great Lake exempted fishing permit would allow
National Marine Sanctuary Advisory resources; and possibly the length of two commercial fishing vessels to test
Council. Previously, ONMS requested residence in the area affected by the the functional performance of a large-
applications for the following six seats sanctuary. Applicants who are chosen mesh belly panel to reduce windowpane
on this council: Business/Industry as members or alternates should expect flounder bycatch while fishing for scup
(primary member); Mobile Gear to serve two- or three year terms, within the Southern New England and
Commercial Fishing (alternate); pursuant to the charter of the specific Mid-Atlantic windowpane flounder
Recreational Fishing (alternate); national marine sanctuary advisory stock area. The research would be
Research (alternate); Whale Watch council. conducted by the Cornell University
(alternate); and Youth (alternate). ONMS The following is a list of the vacant Cooperative Extension of the Suffolk
is requesting applications for all of the seats, including positions (i.e., primary County Marine Program.
following seats: At-Large (primary member or alternate), for the Stellwagen Regulations under the Magnuson-
member); Business/Industry (primary Bank National Marine Sanctuary Stevens Fishery Conservation and
member); Diving (primary member); Advisory Council: Management Act require publication of
Diving (alternate); Education (two Stellwagen Bank National Marine this notification to provide interested
primary members); Fixed Gear Sanctuary Advisory Council: At-Large parties the opportunity to comment on
Commercial Fishing (primary member); (primary member); Business/Industry applications for a proposed exempted
Fixed Gear Commercial Fishing (primary member); Diving (primary fishing permit.
(alternate); Mobile Gear Commercial member); Diving (alternate); Education DATES: Comments must be received on
Fishing (alternate); Recreational Fishing (two primary members); Fixed Gear or before September 9, 2015.
(alternate); Research (two alternates); Commercial Fishing (primary member); ADDRESSES: You may submit written
Whale Watch (primary member); and Fixed Gear Commercial Fishing comments by any of the following
Youth (alternate). No other advisory (alternate); Mobile Gear Commercial methods:
councils are affected by this notice. Fishing (alternate); Recreational Fishing • Email: nmfs.gar.efp@noaa.gov.
DATES: Applications are due by (alternate); Research (two alternates); Include in the subject line ‘‘Comments
September 30, 2015. Whale Watch (primary member); and on Cornell Small Mesh Windowpane
ADDRESSES: Application kits are specific Youth (alternate). Bycatch EFP.’’
to each advisory council. As such, The list of all other vacant seats for • Mail: John K. Bullard, Regional
application must be obtained from and which applications are currently being Administrator, NMFS, Greater Atlantic
returned to a council-specific address. sought is included in the August 14, Regional Office, 55 Great Republic
For the Stellwagen Bank National 2015, notice referenced above. Drive, Gloucester, MA 01930. Mark the
Marine Sanctuary Advisory Council, Authority: 16 U.S.C. Sections 1431, et seq. outside of the envelope ‘‘Comments on
contact: Nathalie Ward, Stellwagen Cornell Small Mesh Windowpane
(Federal Domestic Assistance Catalog Bycatch EFP.’’
Bank National Marine Sanctuary, 175
Number 11.429 Marine Sanctuary Program) • Fax: (978) 281–9135.
Edward Foster Road, Scituate, MA
02066; (781) 545–8026 extension 206; Dated: August 17, 2015. FOR FURTHER INFORMATION CONTACT: Reid
email Nathalie.Ward@noaa.gov; or John Armor, Lichwell, Fishery Management
download application from http:// Acting Director, Office of National Marine Specialist, 978–281–9112,
stellwagen.noaa.gov. Refer to council- Sanctuaries, National Ocean Service, Reid.Lichwell@noaa.gov.
specific addresses identified in the National Oceanic and Atmospheric
Administration. SUPPLEMENTARY INFORMATION: Cornell
August 14, 2015, notice (identified University Cooperative Extension of the
above) for the other six advisory [FR Doc. 2015–20858 Filed 8–24–15; 8:45 am]
Suffolk County Marine Program (CCE)
councils with vacant seats. BILLING CODE 3510–NK–P
submitted a complete application for an
FOR FURTHER INFORMATION CONTACT: For exempted fishing permit on June 18,
further information on the Stellwagen 2015. This EFP would exempt vessels
Bank National Marine Sanctuary DEPARTMENT OF COMMERCE
from the following regulations: 50 CFR
Advisory Council, please contact the National Oceanic and Atmospheric 648.122(d), possession limits for scup.
individual identified in the Addresses Administration This EFP would also exempt
section of this notice. Additional participating vessels from possession
information on the other six advisory RIN 0648–XE124 limits and minimum size requirements
councils with vacant seats is available specified in 50 CFR part 648, subparts
in the August 14, 2015, notice discussed Magnuson-Stevens Act Provisions;
General Provisions for Domestic B and D through O, including
under SUPPLEMENTARY INFORMATION. windowpane flounder, while samples
Fisheries; Application for Exempted
SUPPLEMENTARY INFORMATION: As are being weighed prior to discard. The
Fishing Permits
described in the August 14, 2015 notice EFP would allow these exemptions from
(80 FR 48828), ONMS is seeking AGENCY: National Marine Fisheries September 1, 2015 to May 31, 2016.
applications for vacant seats for seven of Service (NMFS), National Oceanic and This exemption would allow vessels
its 13 national marine sanctuary to retain scup in excess of the Winter II
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Atmospheric Administration (NOAA),
advisory councils (advisory councils). Commerce. possession limit. The Winter II
Vacant seats, including positions (i.e., ACTION: Notice; request for comments. possession limit timeframe is November
primary member and alternate), for each 1, 2015 to December 31, 2015, and the
of the advisory councils were listed in SUMMARY: The Assistant Regional limit will be identified in a future
the August 14, 2015, notice. Applicants Administrator for Sustainable Fisheries, Federal Register notice. This exemption
are chosen based upon their particular Greater Atlantic Region, NMFS has would save the participating vessels
expertise and experience in relation to made a preliminary determination that time that would otherwise be used for
the seat for which they are applying; an exempted fishing permit application transiting to port to unload catch and to

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51540 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

return to the research area to conduct during this project, beyond that of comments must be received on or before
more experimental tows. The temporary typical commercial scup trawl October 26, 2015.
exemption from the regulated size and operations. ADDRESSES: Comments must be sent by
possession limits would allow for scup, If approved, the applicant may electronic mail message over the
windowpane flounder, and various request minor modifications and Internet addressed to: PTABTrialPilot@
bycatch species to be onboard the vessel extensions to the EFP throughout the uspto.gov. Electronic comments
while sampling and weighing activities year. EFP modifications and extensions submitted in plain text are preferred,
are taking place prior to discard. may be granted without further notice if but also may be submitted in ADOBE®
The project will be conducted they are deemed essential to facilitate portable document format or
primarily during the fall months completion of the proposed research MICROSOFT WORD® format. The
(September-November), while both scup and have minimal impacts that do not comments will be available for viewing
and windowpane flounder reside change the scope or impact of the via the USPTO’s Internet Web site
predominately inshore, with the two initially approved EFP request. Any (http://www.uspto.gov). Because
species occurring together in high fishing activity conducted outside the comments will be made available for
numbers south of Long Island, NY, and scope of the exempted fishing activity public inspection, information that the
Nantucket, MA. However, trips may also would be prohibited. submitter does not desire to make
occur in the spring if more data or public, such as an address or phone
Authority: 16 U.S.C. 1801 et seq.
additional trips are needed. number, should not be included in the
The participating vessels would Dated: August 20, 2015.
comments.
conduct research fishing concurrently, Alan D. Risenhoover,
FOR FURTHER INFORMATION CONTACT:
orienting the vessels side-by-side, Director, Office of Sustainable Fisheries,
within a half mile of each other while National Marine Fisheries Service.
Scott R. Boalick, Vice Chief
fishing gear is deployed. The vessels Administrative Patent Judge, Patent
[FR Doc. 2015–21008 Filed 8–24–15; 8:45 am]
would be using typical scup trawl Trial and Appeal Board, by telephone at
BILLING CODE 3510–22–P
fishing methods and the participants (571) 272–9797.
would be members of the small mesh SUPPLEMENTARY INFORMATION:
scup trawl fleet, holding scup permits. DEPARTMENT OF COMMERCE Introduction: The first petitions for
To test the experimental gear, one vessel AIA post grant administrative trials
will have its scup net modified with the United States Patent and Trademark were filed on September 16, 2012. Since
large-mesh belly panel installed into the Office then, over 3,600 petitions have been
first belly of the net, the other vessel filed, and over 1,500 trials have been
will have the same scup net without the [Docket No.: PTO–P–2015–0055] instituted. The USPTO has thus far been
large-mesh belly panel added. The able to meet the demands placed on its
resulting catch data will identify the Request for Comments on a Proposed resources created by the unexpectedly
differences in catch between the Pilot Program Exploring an Alternative heavy workload. The Patent Trial and
standard net and the experimental net. Approach to Institution Decisions in Appeal Board (PTAB) has issued over
The vessels will alternate the use of the Post Grant Administrative Reviews 2,200 decisions on institution and over
standard net and the net with the 450 final written decisions. In three-
experimental gear, giving each vessel AGENCY: United States Patent and plus years, the PTAB has not missed
the same amount of tows using each Trademark Office, Commerce. one statutory or regulatory deadline. At
gear type. The two vessels would be of ACTION: Request for comments. the same time, the PTAB has reduced
similar size and horsepower with the backlog of ex parte appeals.
identical doors, legs, and ground cables. SUMMARY: The United States Patent and Notwithstanding the success-to-date,
The vessels will concurrently conduct Trademark Office (USPTO) is requesting the USPTO is pro-actively looking for
seven days of research fishing over the comments on a proposed pilot program ways to enhance its operations for the
course of two to three trips, with a pertaining to the institution and benefit of its stakeholders and therefore
minimum of six tows per day for each conduct of the post grant administrative is interested in exploring alternative
vessel, with each tow lasting an hour. trials provided for in the Leahy-Smith approaches that might improve its
This will provide a minimum of 84 tows America Invents Act (AIA). The AIA efficiency in handling AIA post grant
(42 with the standard net and 42 with provides for the following post grant proceedings while being fair to both
the experimental net) for the research administrative trials: Inter Partes sides and continuing to provide high
project. Each vessel would weigh its Review (IPR), Post-Grant Review (PGR), quality decisions. Based upon
respective catch of both scup and and Covered Business Method Review comments received from the public
windowpane flounder and measure the (CBM). The USPTO currently has a through public fora and formal requests,
length of 100 random samples of each panel of three APJs decide whether to the agency is considering a pilot
species after each tow. If fewer than 100 institute a trial, and then normally has program to test changing how the
individuals from a sample species are the same three-APJ panel conduct the institution phase of a post grant
caught, all individuals will be trial, if instituted. The USPTO is proceeding is handled.
measured. The total weight of all considering a pilot program under Once trial is instituted, the AIA
additional species from each tow will be which the determination of whether to mandates that the resulting trial be
obtained either by weighing or by catch institute an IPR will be made by a single conducted before a three-member panel
asabaliauskas on DSK5VPTVN1PROD with NOTICES

estimations. APJ, with two additional APJs being of the PTAB. Generally, under current
The vessels would retain legal size assigned to the IPR if a trial is instituted. practice, the same panel of three
scup and other legally permitted species Under this pilot program, any IPR trial administrative patent judges (APJs)
to be landed and sold. Windowpane will be conducted by a panel of three decides whether to institute and, if
flounder and other prohibited species APJs, two of whom were not involved instituted, handles the remainder of the
will not be retained. No additional in the determination to institute the IPR. proceeding, much like how federal
mortality of fish species or interactions DATES: Comment Deadline Date: To be district court judges handle cases
with protected species would occur ensured of consideration, written through motions to dismiss, summary

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Document Created: 2018-02-23 11:02:27
Document Modified: 2018-02-23 11:02:27

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 September 9, 2015.
Contact		Reid Lichwell, Fishery Management Specialist, 978-281-9112, [email protected]
FR Citation		80 FR 51539
RIN Number		0648-XE12

80 FR 51539 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 164 (August 25, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration