81 FR 14096 - 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 81, Issue 51 (March 16, 2016)

Page Range		14096-14097
FR Document		2016-05823

We have made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This EFP would allow two commercial fishing vessels to trawl for summer flounder using an experimental Turtle Excluder Device to test target species catch retention rates, and exempt the vessels from minimum size requirements and possession limits found at 50 CFR part 648 in order to sample the catch for scientific purposes. The Magnuson-Stevens Fishery Conservation and Management Act requires publication of this notice to provide the public an opportunity to comment on the proposed Exempted Fishing Permit.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14096-14097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE407


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: We have made a preliminary determination that an Exempted 
Fishing Permit application contains all of the required information and 
warrants further consideration. This EFP would allow two commercial 
fishing vessels to trawl for summer flounder using an experimental 
Turtle Excluder Device to test target species catch retention rates, 
and exempt the vessels from minimum size requirements and possession 
limits found at 50 CFR part 648 in order to sample the catch for 
scientific purposes.
    The Magnuson-Stevens Fishery Conservation and Management Act 
requires publication of this notice to provide the public an 
opportunity to comment on the proposed Exempted Fishing Permit.

DATES: Comments must be received on or before March 31, 2016.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on CFF Fluke Cable TED 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 CFF Fluke 
Cable TED EFP.''

FOR FURTHER INFORMATION CONTACT: Elizabeth Scheimer, Fisheries 
Management Specialist, 978-281-9236, [email protected].

SUPPLEMENTARY INFORMATION: The Coonamessett Farm Foundation (CFF) 
submitted a complete application for an Exempted Fishing Permit (EFP) 
on December 15, 2015, to conduct commercial fishing activities that the 
regulations would otherwise restrict. The EFP would authorize two 
vessels to temporarily retain undersized and prohibited catch for 
biological sampling during experimental Turtle Excluder Device (TED) 
testing in the summer flounder fishery.
    Currently approved TEDs have been shown to reduce summer flounder 
targeted catch at a level that is of concern to the industry, and the 
objective of this research is to find TED gear configurations that 
exclude sea turtles while maintaining target catch. The CFF would test 
an experimental TED made of flexible cable instead of aluminum or steel 
pipe in bottom trawl gear directed on summer flounder. The TED was 
already tested in 2015 for its ability to exclude sea turtles, but is 
not yet certified, and this research will quantify catch retention. 
This TED would be attached in a 3-inch mesh TED

[[Page 14097]]

extension which meets applicable gear requirements. All fishing would 
occur north of the Summer Flounder Fishery Sea Turtle Exemption Area 
(37[deg]05' N latitude), in waters where approved TEDs are not 
required, and no Endangered Species Act (ESA) research permit would be 
required.
    Eighty tows would be conducted between March and October 2016, in 
southern New England and mid-Atlantic waters. A trawl net with the 
modified TED would be compared against a control net of the vessels' 
standard bottom trawl gear. Paired tows would be conducted across 
multiple strata with trawl times of 60-90 minutes. Data collected on 
total catch would include total weight and length measurements on all 
summer flounder. Other landed species will be sampled if conditions 
permit, or a representative subsample will be taken. Underwater camera 
equipment would be installed in the net to investigate the performance 
of the cable TED, the fishing gear, and any potential problems in the 
rigging of the TED. All participating vessels would have permits and 
quota to target summer flounder, which would be kept and sold 
consistent with applicable regulations. All bycatch would be returned 
to the sea as soon as practicable following data collection.
    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: March 10, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05823 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-22-P

14096 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

predicted to experience changes in their functional hearing groups where no data ACTION: Notice; request for comments.
hearing sensitivity (either temporary or are available.
permanent) for all underwater After consideration of these SUMMARY: We have made a preliminary
anthropogenic sound sources. This recommendations, NOAA has updated determination that an Exempted Fishing
Guidance is intended to be used by the Draft Guidance to reflect the Permit application contains all of the
NOAA analysts and managers and other suggested changes and is soliciting required information and warrants
relevant user groups and stakeholders, public comment on those revisions, further consideration. This EFP would
including other federal agencies, when which have been placed in a stand- allow two commercial fishing vessels to
seeking to determine whether and how alone document, via a focused 14-day trawl for summer flounder using an
their activities are expected to result in public comment period. As the experimental Turtle Excluder Device to
particular types of impacts to marine Guidance is finalized, NOAA will test target species catch retention rates,
mammals via acoustic exposure. The address all substantive public comments and exempt the vessels from minimum
document outlines NOAA’s updated on the Guidance (i.e., from the first and size requirements and possession limits
acoustic threshold levels, describes in second public comment periods, as well found at 50 CFR part 648 in order to
detail how the thresholds were as those from this focused third public sample the catch for scientific purposes.
developed, and explains how we intend comment period). Accordingly, there is The Magnuson-Stevens Fishery
to update them in the future. no need to reiterate or resubmit Conservation and Management Act
NOAA first published a Federal comments made during the first and requires publication of this notice to
Register Notice on December 27, 2013, second public comment period on other provide the public an opportunity to
announcing the availability of the Draft sections of the Draft Guidance. NOAA comment on the proposed Exempted
Guidance and a 30-day public comment encourages the public to focus comment Fishing Permit.
period (78 FR 78822), which was on the document containing the DATES: Comments must be received on
extended another 45 days based upon proposed changes to the Guidance. or before March 31, 2016.
public request (79 FR 4672; January 29, The Guidance is classified as a Highly ADDRESSES: You may submit written
2014). While NOAA was in the process Influential Scientific Assessment by the comments by any of the following
of evaluating and addressing public Office of Management and Budget. As methods:
comments, the U.S. Navy updated its such, independent peer review is • Email: NMFS.GAR.EFP@noaa.gov.
methodology for the development of required prior to broad public Include in the subject line ‘‘Comments
marine mammal auditory weighting dissemination by the Federal on CFF Fluke Cable TED EFP.’’
functions and acoustic threshold levels. Government. As part of this process, • Mail: John K. Bullard, Regional
NOAA evaluated the proposed NOAA has conducted three Administrator, NMFS, Greater Atlantic
methodology and determined that it independent peer reviews in association Regional Office, 55 Great Republic
reflected the best available science. As with the Guidance. Details of all peer Drive, Gloucester, MA 01930. Mark the
a result, NOAA incorporated the Navy’s reviews can be found within the outside of the envelope ‘‘Comments on
methodology into our Draft Guidance Guidance and at the following Web site: CFF Fluke Cable TED EFP.’’
and conducted another 45-day public http://www.nmfs.noaa.gov/pr/ FOR FURTHER INFORMATION CONTACT:
comment period (80 FR 45642; July 31, acoustics/. Concurrent with this third Elizabeth Scheimer, Fisheries
2015). Please refer to these Federal public comment period, NOAA Management Specialist, 978–281–9236,
Register Notices for additional requested that the peer reviewers of the Elizabeth.scheimer@noaa.gov.
background about the 2013 and 2015 Navy’s methodology review the SUPPLEMENTARY INFORMATION: The
Draft Guidance. document containing the proposed Coonamessett Farm Foundation (CFF)
While NOAA was working to address changes to the Draft Guidance and submitted a complete application for an
public comments from the second indicate whether the revisions would Exempted Fishing Permit (EFP) on
public comment period and finalize the significantly alter any of the comments December 15, 2015, to conduct
Guidance, NOAA and the Navy made during their original review. commercial fishing activities that the
(SPAWAR Systems Center Pacific) Dated: March 10, 2016. regulations would otherwise restrict.
further evaluated certain aspects of the Donna S. Wieting, The EFP would authorize two vessels to
U.S. Navy’s methodology. As a result, Director, Office of Protected Resources, temporarily retain undersized and
several recommendations/modifications National Marine Fisheries Service. prohibited catch for biological sampling
were suggested. [FR Doc. 2016–05886 Filed 3–15–16; 8:45 am] during experimental Turtle Excluder
The recommendations include: An BILLING CODE 3510–22–P
Device (TED) testing in the summer
updated methodology for predicting a flounder fishery.
composite audiogram for LF cetaceans; Currently approved TEDs have been
modification of the methodology used to DEPARTMENT OF COMMERCE shown to reduce summer flounder
establish auditory threshold levels for targeted catch at a level that is of
LF cetaceans; movement of the white- National Oceanic and Atmospheric concern to the industry, and the
beaked dolphin (Lagenorhynchus Administration objective of this research is to find TED
albirostris) from mid-frequency (MF) to gear configurations that exclude sea
high-frequency (HF) cetaceans; the RIN 0648–XE407 turtles while maintaining target catch.
inclusion of a newly published harbor Magnuson-Stevens Act Provisions; The CFF would test an experimental
mstockstill on DSK4VPTVN1PROD with NOTICES

porpoise (HF cetacean) audiogram General Provisions for Domestic TED made of flexible cable instead of
(Kastelein et al. 2015); the exclusion of Fisheries; Application for Exempted aluminum or steel pipe in bottom trawl
multiple data sets from the phocid Fishing Permits gear directed on summer flounder. The
pinniped weighting function; removal of TED was already tested in 2015 for its
peak sound pressure level (PK) acoustic AGENCY: National Marine Fisheries ability to exclude sea turtles, but is not
threshold levels for non-impulsive Service (NMFS), National Oceanic and yet certified, and this research will
sounds; and updated methodology for Atmospheric Administration (NOAA), quantify catch retention. This TED
deriving PK acoustic threshold levels for Commerce. would be attached in a 3-inch mesh TED

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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 14097

extension which meets applicable gear DEPARTMENT OF DEFENSE of business at 106 Genesee St., Utica,
requirements. All fishing would occur New York 13413, an exclusive license in
north of the Summer Flounder Fishery Department of the Air Force any right, title and interest the United
Sea Turtle Exemption Area (37°05′ N States Air Force has in: In U.S. Patent
U.S. Air Force Academy Board of No. 8,317,058 entitled ‘‘Bicyclists’
latitude), in waters where approved
Visitors Notice of Meeting; Withdrawal Water Bottle with Bottom Drinking
TEDs are not required, and no
Endangered Species Act (ESA) research AGENCY: U.S. Air Force Academy Board Valve’’, issued on November 27th, 2012,
permit would be required. of Visitors, DoD. U.S. Design Patent No. D588,856 issued
ACTION: Meeting notice; withdrawal. on March 24th, 2009, and U.S. Design
Eighty tows would be conducted Patent D583,626 issued on December
between March and October 2016, in SUMMARY: The document titled ‘‘U.S Air 20th, 2008.
southern New England and mid-Atlantic Force Academy Board of Visitors Notice FOR FURTHER INFORMATION CONTACT: An
waters. A trawl net with the modified of Meeting’’, which published in the exclusive license for this patent will be
TED would be compared against a Federal Register on March 7, 2016 (81 granted unless a written objection is
control net of the vessels’ standard FR 11764), is withdrawn. Due to received within fifteen (15) days from
bottom trawl gear. Paired tows would be circumstances beyond the Air Force’s the date of publication of this Notice.
conducted across multiple strata with control, the meeting notice for the Written objections should be sent to: Air
trawl times of 60–90 minutes. Data upcoming USAF BoV meeting was Force Research Laboratory, Office of the
collected on total catch would include published in the Federal Register with Staff Judge Advocate, AFRL/RIJ, 26
total weight and length measurements less than 15 days’ notice to the public Electronic Parkway, Rome, New York
on all summer flounder. Other landed and therefore has to be revised to 13441–4514. Telephone: (315) 330–
species will be sampled if conditions include a waiver notice. The revised 2087; Facsimile (315) 330–7583.
permit, or a representative subsample document will be published in the
Federal Register. Henry Williams,
will be taken. Underwater camera
FOR FURTHER INFORMATION CONTACT: For Acting Air Force Federal Register Liaison
equipment would be installed in the net
additional information or to attend this Officer.
to investigate the performance of the
BoV meeting, contact Major Jennifer [FR Doc. 2016–05946 Filed 3–15–16; 8:45 am]
cable TED, the fishing gear, and any
potential problems in the rigging of the Hubal, Accessions and Training BILLING CODE 5001–10–P

TED. All participating vessels would Division, AF/A1PT, 1040 Air Force
have permits and quota to target Pentagon, Washington, DC 20330, (703)
695–4066, Jennifer.M.Hubal.mil@ DEPARTMENT OF DEFENSE
summer flounder, which would be kept
mail.mil.
and sold consistent with applicable Office of the Secretary
regulations. All bycatch would be Henry Williams,
returned to the sea as soon as Acting Air Force Federal Register Liaison [Transmittal No. 15–81]
practicable following data collection. Officer.
36(b)(1) Arms Sales Notification
[FR Doc. 2016–05947 Filed 3–15–16; 8:45 am]
If approved, the applicant may
request minor modifications and BILLING CODE 5001–10–P AGENCY: Department of Defense, Defense
extensions to the EFP throughout the Security Cooperation Agency.
year. EFP modifications and extensions ACTION: Notice.
DEPARTMENT OF DEFENSE
may be granted without further notice if
SUMMARY: The Department of Defense is
they are deemed essential to facilitate Department of the Air Force publishing the unclassified text of a
completion of the proposed research section 36(b)(1) arms sales notification.
and have minimal impacts that do not U.S. Air Force Exclusive Patent
License This is published to fulfill the
change the scope or impact of the requirements of section 155 of Public
initially approved EFP request. Any AGENCY: Air Force Research Laboratory Law 104–164 dated July 21, 1996.
fishing activity conducted outside the Information Directorate, Rome, New FOR FURTHER INFORMATION CONTACT:
scope of the exempted fishing activity York, Department of the Air Force, Heather N. Harwell, DSCA/LMO, (703)
would be prohibited. DOD. 697–9217.
Authority: 16 U.S.C. 1801 et seq. ACTION: Notice of intent to issue an The following is a copy of a letter to
exclusive patent license. the Speaker of the House of
Dated: March 10, 2016.
Representatives, Transmittal 15–81 with
Emily H. Menashes, SUMMARY: Pursuant to the provisions of
attached Policy Justification.
Acting Director, Office of Sustainable part 404 of Title 37, Code of Federal
Regulations, which implements Public Dated: March 10, 2016.
Fisheries, National Marine Fisheries Service.
Law 96–517, as amended, the Aaron Siegel,
[FR Doc. 2016–05823 Filed 3–15–16; 8:45 am]
Department of the Air Force announces Alternate OSD Federal Register Liaison
BILLING CODE 3510–22–P
its intention to grant Lilo Life LLC, a Officer, Department of Defense.
corporation of New York, having a place BILLING CODE 5001–06–P
mstockstill on DSK4VPTVN1PROD with NOTICES

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Document Created: 2016-03-15 23:44:34
Document Modified: 2016-03-15 23:44:34

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 March 31, 2016.
Contact		Elizabeth Scheimer, Fisheries Management Specialist, 978-281-9236, [email protected]
FR Citation		81 FR 14096
RIN Number		0648-XE40

81 FR 14096 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration