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)

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, 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: [email protected]. 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, [email protected].

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]
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