81 FR 18835 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 63 (April 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 63 (April 1, 2016)
| Page Range | 18835-18836 | |
| FR Document | 2016-07399 |
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)] [Notices] [Pages 18835-18836] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07399] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE524 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit 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 submitted by the Northeast Fisheries Science Center contains all of the required information and warrants further consideration. Regulations under the Magnuson-Stevens Fishery Conservation and 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 April 18, 2016. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``Comments on NEFSC Study Fleet 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 NEFSC Study Fleet EFP.'' FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management Specialist, 978-282-8457, [email protected]. SUPPLEMENTARY INFORMATION: The Northeast Fisheries Science Center (NEFSC) submitted a complete application for an Exempted Fishing Permit (EFP) on March 4, 2016, to enable data collection activities that the regulations on commercial fishing would otherwise restrict. The EFP would exempt 36 federally permitted commercial fishing vessels from the regulations detailed below while participating in the Study Fleet Program and operating under projects managed by the NEFSC. The EFP would exempt participating vessels from: Minimum fish size restrictions; fish possession limits for species not protected under the Endangered Species Act (ESA); gear-specific fish possession restrictions for the purpose of at-sea sampling; and, in limited situations for research purposes only, retaining and landing prohibited fish species. The NEFSC Study Fleet Program was established in 2002 to more fully characterize commercial fishing operations and to leverage sampling opportunities to augment NMFS data collection programs. Participating vessels are contracted by NEFSC to collect tow-by-tow catch and environmental data, and to fulfill specific biological sampling needs identified by NEFSC. To collect these data, the NEFSC Study Fleet Program has obtained an EFP to secure the necessary waivers needed by the vessels to possess and land fish that would otherwise be prohibited by regulations. Fishing vessel crews trained by the NEFSC Study Fleet Program would sort, weigh, and measure fish that are to be discarded. In the course of sampling, some discarded species would be on deck slightly longer than under normal sorting procedures, which requires an exemption from the following restrictions: Minimum fish size; fish possession limits; prohibited fish species, not including species protected under the ESA; and gear-specific fish possession restrictions for at-sea sampling. Participating vessels would also be authorized to retain and land, in limited situations for research purposes only, fish species and/or sizes that are not in compliance with fishing regulations. The vessels would be authorized to retain specific amounts of particular species in whole or round weight condition, which would be delivered upon landing to Study Fleet Program technicians. To ensure that the collection needs of the Study Fleet Program are not exceeded, NEFSC would require participating vessels to obtain a formal Biological Sampling Request from the NEFSC Study Fleet Program prior to landing any sublegal fish. None of the landed biological samples from these trips would be sold for commercial use or utilized for any purpose other than scientific research. The table below details the regulations from which the participating vessels would be exempt when retaining and landing fish for research purposes. The participating vessels would be obligated to comply with all applicable [[Page 18836]] requirements and restrictions specified at 50 CFR part 648, unless specifically exempted in this EFP. All catch would be attributed to the appropriate commercial fishing quota. For vessels on a groundfish sector trip, all catch of Northeast multispecies stocks allocated to sectors would be deducted from the Annual Catch Entitlement (ACE) for that sector. Once the ACE for a stock has been reached in a sector, vessels would no longer be allowed to fish in that stock area, unless they acquired additional ACE for the limiting stock. For common pool vessels, all catch of Northeast multispecies stocks would be counted toward the appropriate quotas. Common pool vessels would be subject to applicable trimester total allowable catch (TAC) accountability measures. When 90 percent of the trimester TAC for a stock is projected to be caught, the area where that stock is predominantly caught will be closed to common pool vessels fishing with gear capable of catching that stock for the rest of that trimester. ------------------------------------------------------------------------ ------------------------------------------------------------------------ NEFSC Study Fleet Program EFP ------------------------------------------------------------------------ No. of Vessels......................... 37 Exempted regulations in 50 CFR part 648 Size limits Sec. 648.83 NE multispecies minimum sizes. Sec. 648.93 Monkfish minimum fish size. Sec. 648.147 Black sea bass minimum fish size. Possession restrictions Sec. 648.86(a) Haddock. Sec. 648.86(b) Atlantic cod. Sec. 648.86(c) Atlantic halibut. Sec. 648.86(d) Small-mesh multispecies. Sec. 648.86(l) Zero retention of Atlantic wolffish and windowpane flounder. Sec. 648.86(o) Possession limits implemented by Regional Administrator. Sec. 648.94 Monkfish possession limit. Sec. 648.322 Skate possession and landing restrictions. Sec. 648.145 Black sea bass possession limits. Sec. 648.92(b)(2)(i) Prohibition from landing NE multispecies on monkfish-only day-at-sea. ------------------------------------------------------------------------ NEFSC Study Fleet Program Biological Sampling Needs As described above, biological samples would only be landed and collected by the Study Fleet Program after a formal request has been issued in writing by the Study Fleet Program. The following are the Study Fleet Program's sampling needs. Windowpane flounder--whole fish would be retained for age and growth research. Otoliths and fish length would be collected to validate ages using marginal increment analysis. Windowpane flounder retained would not exceed 40 fish per month from all stock areas combined (Gulf of Maine (GOM) and Georges Bank (GB) stock) or 480 fish total for all trips. The maximum weight on any trip would not exceed 30 lb (13.6 kg), and total weight would not exceed 360 lb (163.3 kg) for all trips combined. Atlantic wolffish--whole fish would be retained for maturity, fecundity, and life history research. Atlantic wolffish retained would not exceed 40 fish per month or 480 fish total for all trips. The maximum weight on any trip would not exceed 160 lb (72.6 kg), and total weight would not exceed 3,500 lb (1,587.6 kg) for all trips combined. Cusk--whole fish would be retained or specimen sampled at sea by a Study Fleet scientist for maturity, fecundity, and life history research. Cusk retained would not exceed 40 fish per month or 480 fish total for all trips. The maximum weight on any trip would not exceed 100 lb (45.4 kg), and total weight would not exceed 1,440 lb (653.2kg) for all trips combined. Atlantic halibut--specimens would be sampled at sea by a Study Fleet scientist for age, growth, maturity, fecundity, and diet research. Atlantic halibut retained would not exceed 20 fish per month or 240 fish total for all trips. The maximum weight on any trip would not exceed 200 lb (90.7 kg), and total weight would not exceed 5,000 lb (2,268 kg) for all trips combined. Monkfish--whole fish would be retained for maturity and fecundity research. Monkfish retained would not exceed 10 fish per month or 120 fish total for all trips. The maximum weight on any trip would not exceed 100 lb (45.4 kg), and total weight would not exceed 1,200 lb (544.3 kg) for all trips combined. Haddock--whole fish would be retained for maturity and fecundity research. Haddock retained would not to exceed 40 fish per month or 360 fish total for all trips. The maximum weight on any trip would not exceed 180 pounds (81.6 kg), and total weight would not exceed 1,440 pounds (653.2 kg) for all trips combined. Atlantic cod--whole fish would be retained for potential maturity, fecundity, bioelectrical impedance analysis (BIA), food habits, and genetic research. Atlantic cod retained would not exceed 200 fish per month from each of the three stock areas (GOM, GB, Southern New England/Mid-Atlantic), or 1,200 fish total from each stock area for all trips. The maximum weight on any trip would not exceed 300 lb (136.1 kg), and total weight would not exceed 8,500 lb (3,855.5 kg) for all trips combined. Barndoor Skate--whole and, in some cases, live skates would be retained for age and growth research and species confirmation. Barndoor skates retained would not exceed 20 fish per 3-month period, or 80 skates total for all trips. The maximum weight on any trip would not exceed 75 lb (34 kg), and total weight would not exceed 300 lb (136.1 kg) for all trips combined. Thorny Skate--whole and, in some cases, live skates would be retained for age and growth research and species confirmation. Thorny skates retained would not exceed 20 fish per 3-month period, or 80 skates total for all trips. The maximum weight on any trip would not exceed 75 lb (34 kg) whole weight, and total weight would not exceed 300 lb (136.1 kg) for all trips combined. Black Sea Bass--whole fish would be retained in support of an ongoing study at NEFSC to evaluate BIA as a means to measure fish energy density and reproductive potential for stock assessment. Black sea bass retained would not exceed 75 fish per 3- month period, or 300 black sea bass total for all trips. The maximum weight on any trip would not exceed 250 lb (113.4 kg), and total weight would not exceed 1,000 lb (453.6 kg) for all trips combined. 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 impact that does not change the scope 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 29, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-07399 Filed 3-31-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices 18835
for company/government officials, as purposes, the written description of the participating in the Study Fleet Program
well as their representatives. scope is dispositive. and operating under projects managed
Investigations initiated on the basis of [FR Doc. 2016–07316 Filed 3–31–16; 8:45 am] by the NEFSC. The EFP would exempt
petitions filed on or after August 16, BILLING CODE 3510–DS–P participating vessels from: Minimum
2013, and other segments of any AD or fish size restrictions; fish possession
CVD proceedings initiated on or after limits for species not protected under
August 16, 2013, should use the formats DEPARTMENT OF COMMERCE the Endangered Species Act (ESA); gear-
for the revised certifications provided at specific fish possession restrictions for
the end of the Certification Final Rule.61 National Oceanic and Atmospheric the purpose of at-sea sampling; and, in
The Department intends to reject factual Administration limited situations for research purposes
submissions if the submitting party does RIN 0648–XE524 only, retaining and landing prohibited
not comply with applicable revised fish species.
certification requirements. Magnuson-Stevens Act Provisions; The NEFSC Study Fleet Program was
General Provisions for Domestic established in 2002 to more fully
Notification to Interested Parties Fisheries; Application for Exempted characterize commercial fishing
Fishing Permit operations and to leverage sampling
Interested parties must submit
opportunities to augment NMFS data
applications for disclosure under AGENCY: National Marine Fisheries collection programs. Participating
administrative protective order (‘‘APO’’) Service (NMFS), National Oceanic and vessels are contracted by NEFSC to
in accordance with 19 CFR 351.305. On Atmospheric Administration (NOAA), collect tow-by-tow catch and
January 22, 2008, the Department Commerce. environmental data, and to fulfill
published Antidumping and
ACTION: Notice; request for comments. specific biological sampling needs
Countervailing Duty Proceedings:
identified by NEFSC. To collect these
Documents Submission Procedures; SUMMARY: The Assistant Regional data, the NEFSC Study Fleet Program
APO Procedures, 73 FR 3634 (January Administrator for Sustainable Fisheries, has obtained an EFP to secure the
22, 2008). Parties wishing to participate Greater Atlantic Region, NMFS, has necessary waivers needed by the vessels
in this investigation should ensure that made a preliminary determination that to possess and land fish that would
they meet the requirements of these an Exempted Fishing Permit application otherwise be prohibited by regulations.
procedures (e.g., the filing of letters of submitted by the Northeast Fisheries Fishing vessel crews trained by the
appearance as discussed in 19 CFR Science Center contains all of the NEFSC Study Fleet Program would sort,
351.103(d)). required information and warrants weigh, and measure fish that are to be
This notice is issued and published further consideration. discarded. In the course of sampling,
pursuant to section 777(i) of the Act. Regulations under the Magnuson- some discarded species would be on
Stevens Fishery Conservation and deck slightly longer than under normal
Dated: March 23, 2016.
Management Act require publication of sorting procedures, which requires an
Paul Piquado, this notification to provide interested exemption from the following
Assistant Secretary for Enforcement and parties the opportunity to comment on restrictions: Minimum fish size; fish
Compliance. Exempted Fishing Permit applications. possession limits; prohibited fish
Appendix I DATES: Comments must be received on species, not including species protected
or before April 18, 2016. under the ESA; and gear-specific fish
Scope of the Investigation
ADDRESSES: You may submit written possession restrictions for at-sea
The product subject to this investigation is sampling.
1,1,1,2-Tetrafluoroethane, R–134a, or its
comments by any of the following
methods: Participating vessels would also be
chemical equivalent, regardless of form, type, authorized to retain and land, in limited
or purity level. The chemical formula for • Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘Comments situations for research purposes only,
1,1,1,2-Tetrafluoroethane is CF3-CH2F, and
on NEFSC Study Fleet EFP.’’ fish species and/or sizes that are not in
the Chemical Abstracts Service registry
number is CAS 811–97–2.62 • Mail: John K. Bullard, Regional compliance with fishing regulations.
Merchandise covered by the scope of this Administrator, NMFS, Greater Atlantic The vessels would be authorized to
investigation is currently classified in the Regional Fisheries Office, 55 Great retain specific amounts of particular
Harmonized Tariff Schedule of the United Republic Drive, Gloucester, MA 01930. species in whole or round weight
States (‘‘HTSUS’’) at subheading Mark the outside of the envelope condition, which would be delivered
2903.39.2020. Although the HTSUS ‘‘Comments on NEFSC Study Fleet upon landing to Study Fleet Program
subheading and CAS registry number are EFP.’’ technicians. To ensure that the
provided for convenience and customs collection needs of the Study Fleet
FOR FURTHER INFORMATION CONTACT: Program are not exceeded, NEFSC
61 See Certification of Factual Information to Daniel Luers, Fishery Management would require participating vessels to
Import Administration during Antidumping and Specialist, 978–282–8457, obtain a formal Biological Sampling
Countervailing Duty Proceedings, 78 FR 42678 (July Daniel.Luers@noaa.gov. Request from the NEFSC Study Fleet
17, 2013) (‘‘Certification Final Rule’’); see also
frequently asked questions regarding the SUPPLEMENTARY INFORMATION: The Program prior to landing any sublegal
Certification Final Rule, available at: http:// Northeast Fisheries Science Center fish. None of the landed biological
enforcement.trade.gov/tlei/notices/factual_info_ (NEFSC) submitted a complete samples from these trips would be sold
asabaliauskas on DSK3SPTVN1PROD with NOTICES
final_rule_FAQ_07172013.pdf. application for an Exempted Fishing
62 1,1,1,2-Tetrafluoroethane is sold under a
for commercial use or utilized for any
number of trade names including Klea 134a and
Permit (EFP) on March 4, 2016, to purpose other than scientific research.
Zephex 134a (Mexichem Fluor); Genetron 134a enable data collection activities that the The table below details the
(Honeywell); FreonTM 134a, Suva 134a, Dymel regulations on commercial fishing regulations from which the participating
134a, and Dymel P134a (Chemours); Solkane 134a would otherwise restrict. The EFP vessels would be exempt when retaining
(Solvay); and Forane 134a (Arkema). Generically,
1,1,1,2-Tetrafluoroethane has been sold as
would exempt 36 federally permitted and landing fish for research purposes.
Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, commercial fishing vessels from the The participating vessels would be
Refrigerant 134a, and UN3159. regulations detailed below while obligated to comply with all applicable
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![18836 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices
requirements and restrictions specified Windowpane flounder—whole fish or 1,200 fish total from each stock area
at 50 CFR part 648, unless specifically would be retained for age and growth for all trips. The maximum weight on
exempted in this EFP. All catch would research. Otoliths and fish length would any trip would not exceed 300 lb (136.1
be attributed to the appropriate be collected to validate ages using kg), and total weight would not exceed
commercial fishing quota. For vessels marginal increment analysis. 8,500 lb (3,855.5 kg) for all trips
on a groundfish sector trip, all catch of Windowpane flounder retained would combined.
Northeast multispecies stocks allocated not exceed 40 fish per month from all
stock areas combined (Gulf of Maine Barndoor Skate—whole and, in some
to sectors would be deducted from the
(GOM) and Georges Bank (GB) stock) or cases, live skates would be retained for
Annual Catch Entitlement (ACE) for that
480 fish total for all trips. The maximum age and growth research and species
sector. Once the ACE for a stock has
weight on any trip would not exceed 30 confirmation. Barndoor skates retained
been reached in a sector, vessels would
no longer be allowed to fish in that lb (13.6 kg), and total weight would not would not exceed 20 fish per 3-month
stock area, unless they acquired exceed 360 lb (163.3 kg) for all trips period, or 80 skates total for all trips.
additional ACE for the limiting stock. combined. The maximum weight on any trip would
For common pool vessels, all catch of Atlantic wolffish—whole fish would not exceed 75 lb (34 kg), and total
Northeast multispecies stocks would be be retained for maturity, fecundity, and weight would not exceed 300 lb (136.1
counted toward the appropriate quotas. life history research. Atlantic wolffish kg) for all trips combined.
Common pool vessels would be subject retained would not exceed 40 fish per Thorny Skate—whole and, in some
to applicable trimester total allowable month or 480 fish total for all trips. The
cases, live skates would be retained for
catch (TAC) accountability measures. maximum weight on any trip would not
age and growth research and species
When 90 percent of the trimester TAC exceed 160 lb (72.6 kg), and total weight
would not exceed 3,500 lb (1,587.6 kg) confirmation. Thorny skates retained
for a stock is projected to be caught, the would not exceed 20 fish per 3-month
area where that stock is predominantly for all trips combined.
Cusk—whole fish would be retained period, or 80 skates total for all trips.
caught will be closed to common pool The maximum weight on any trip would
or specimen sampled at sea by a Study
vessels fishing with gear capable of not exceed 75 lb (34 kg) whole weight,
Fleet scientist for maturity, fecundity,
catching that stock for the rest of that and total weight would not exceed 300
and life history research. Cusk retained
trimester. lb (136.1 kg) for all trips combined.
would not exceed 40 fish per month or
480 fish total for all trips. The maximum Black Sea Bass—whole fish would be
NEFSC Study Fleet Program EFP weight on any trip would not exceed retained in support of an ongoing study
100 lb (45.4 kg), and total weight would at NEFSC to evaluate BIA as a means to
No. of Vessels 37
not exceed 1,440 lb (653.2kg) for all measure fish energy density and
Exempted reg- Size limits
ulations in § 648.83 NE multispecies trips combined.
Atlantic halibut—specimens would be reproductive potential for stock
50 CFR part minimum sizes. assessment. Black sea bass retained
648. § 648.93 Monkfish minimum sampled at sea by a Study Fleet scientist
for age, growth, maturity, fecundity, and would not exceed 75 fish per 3- month
fish size.
§ 648.147 Black sea bass diet research. Atlantic halibut retained period, or 300 black sea bass total for all
minimum fish size. would not exceed 20 fish per month or trips. The maximum weight on any trip
Possession restrictions 240 fish total for all trips. The maximum would not exceed 250 lb (113.4 kg), and
§ 648.86(a) Haddock. weight on any trip would not exceed total weight would not exceed 1,000 lb
§ 648.86(b) Atlantic cod. 200 lb (90.7 kg), and total weight would (453.6 kg) for all trips combined.
§ 648.86(c) Atlantic halibut. not exceed 5,000 lb (2,268 kg) for all
§ 648.86(d) Small-mesh If approved, the applicant may
trips combined. request minor modifications and
multispecies.
§ 648.86(l) Zero retention of
Monkfish—whole fish would be extensions to the EFP throughout the
Atlantic wolffish and win- retained for maturity and fecundity year. EFP modifications and extensions
dowpane flounder. research. Monkfish retained would not may be granted without further notice if
§ 648.86(o) Possession limits exceed 10 fish per month or 120 fish
they are deemed essential to facilitate
implemented by Regional total for all trips. The maximum weight
completion of the proposed research
Administrator. on any trip would not exceed 100 lb
§ 648.94 Monkfish posses- (45.4 kg), and total weight would not and have minimal impact that does not
sion limit. exceed 1,200 lb (544.3 kg) for all trips change the scope of the initially
§ 648.322 Skate possession combined. approved EFP request. Any fishing
and landing restrictions. Haddock—whole fish would be activity conducted outside the scope of
§ 648.145 Black sea bass the exempted fishing activity would be
possession limits.
retained for maturity and fecundity
research. Haddock retained would not prohibited.
§ 648.92(b)(2)(i) Prohibition
from landing NE multispe- to exceed 40 fish per month or 360 fish Authority: 16 U.S.C. 1801 et seq.
cies on monkfish-only day- total for all trips. The maximum weight
on any trip would not exceed 180 Dated: March 29, 2016.
at-sea.
pounds (81.6 kg), and total weight Emily H. Menashes,
NEFSC Study Fleet Program Biological would not exceed 1,440 pounds (653.2 Acting Director, Office of Sustainable
kg) for all trips combined. Fisheries, National Marine Fisheries Service.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Sampling Needs
Atlantic cod—whole fish would be [FR Doc. 2016–07399 Filed 3–31–16; 8:45 am]
As described above, biological retained for potential maturity, BILLING CODE 3510–22–P
samples would only be landed and fecundity, bioelectrical impedance
collected by the Study Fleet Program analysis (BIA), food habits, and genetic
after a formal request has been issued in research. Atlantic cod retained would
writing by the Study Fleet Program. The not exceed 200 fish per month from
following are the Study Fleet Program’s each of the three stock areas (GOM, GB,
sampling needs. Southern New England/Mid-Atlantic),
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Document Created: 2016-04-06 00:08:26
Document Modified: 2016-04-06 00:08:26
| 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 April 18, 2016. | |
| Contact | Daniel Luers, Fishery Management Specialist, 978-282-8457, [email protected] | |
| FR Citation | 81 FR 18835 | |
| RIN Number | 0648-XE52 |
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