81 FR 19579 - 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 65 (April 5, 2016)

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 one commercial fishing vessel to fish outside of the limited access scallop regulations in support of research conducted by the National Fisheries Institute that is investigating scallop incidental mortality in the scallop dredge fishery. 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.

[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19579-19580]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07733]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE554


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 one commercial fishing vessel to 
fish outside of the limited access scallop regulations in support of 
research conducted by the National Fisheries Institute that is 
investigating scallop incidental mortality in the scallop dredge 
fishery.
    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 April 20, 2016.

ADDRESSES: You may submit written comments by any of the following 
methods:

[[Page 19580]]

     Email: [email protected]. Include in the subject line 
``Comments on DA16-013 NFI Incidental Discard Mortality 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 
DA16-013 NFI Incidental Discard Mortality EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management 
Specialist, 978-282-8456.

SUPPLEMENTARY INFORMATION: NOAA awarded the National Fisheries Institue 
(NFI) a grant through the 2014 Atlantic sea scallop research set-aside 
program in support of a project titled, ``Determining Incidental 
Discard Mortality of Atlantic Sea Scallops, Placopecten magellanicus, 
in the Scallop Dredge Fishery in the Mid-Atlantic Bight.'' NMFS issued 
the National Fisheries Institute (NFI) an Exempted Fishing Permit (EFP) 
on April 30, 2015, to complete the project. On February 16, 2016, NMFS 
received a request to authorize participating vessels to perform an 
additional 20 tows over the course of two limited access Atlantic sea 
scallop days-at-sea (DAS). NFI is requesting exemptions that would 
allow one commercial fishing vessel to fish outside of the DAS 
regulations found at 50 CFR 648.53(b); mesh size restrictions at Sec.  
648.51(a)(2); obstruction in dredge gear restrictions at Sec.  
648.51(b)(4)(iii); and the crew size regulations at Sec.  648.51(c). In 
addition, the EFP would temporarily exempt the participating vessel 
from possession limits and minimum size requirements specified in 50 
CFR part 648, subsections B and D through O, for sampling purposes 
only. Any fishing activity conducted outside the scope of the exempted 
fishing activity would be prohibited.
    The project would conduct dredging activities to assess the 
incidental mortality of scallops passing through the 4-inch (10.16-cm) 
rings of a 12-foot (4.57-m) Turtle Deflector Dredge on sandy and hard 
(gravel) substrates. Dredging would be conducted over approximately two 
DAS during the proposed period of May 2016 through June 2016. All 
dredging would occur in open access scallop fishing areas off the coast 
of New Jersey. A total of 20 scallop tows would be conducted (10 tows 
per substrate). Each tow would be made at depths of 18 to 25 fathoms 
(32.92 to 45.72 m) for a duration of 40 minutes. The scallop vessel 
would fish two dredges simultaneously. One dredge would use an 
experimental net bag cover and the other would fish with an industry 
standard 12-foot (4.57-m) turtle excluder dredge. The experimental 
cover is constructed of 1\7/8\-inch (4.76-cm) mesh and sewn into the 
top of the dredge apron. The bag can be dumped independently of the 4-
inch (10.16-cm) ring bag to collect the scallops and other organisms 
that pass through the 4-inch (10.16-cm) rings. The dredge 
configurations would be switched to the opposite side after five tows 
for each substrate.
    All scallops that filter through the 4-inch (10.16-cm) rings and 
into the mesh bag would be measured for shell height and assessed for 
damage to the shell in one of three categories: Not injured; sub-lethal 
(repairable); or lethal (non-repairable). After all scallops are 
assessed, they would be returned to the ocean bottom as soon as 
practicable. The researchers would then use this information to 
estimate the proportion of scallops in each injury category. The weight 
of scallop catch retained in the 4-inch (10.16-cm) ring bags of both 
dredges would be estimated by the captain. Researchers would take shell 
measurements of a subsample of 50 scallops per tow per dredge to 
determine size selectivity within each dredge. All other bycatch in the 
experimental net bag would be sorted, the captain would estimate the 
weights, and researchers would measure a minimum of 25 lengths per 
individual species. No catch would be landed for sale.
    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 31, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-07733 Filed 4-4-16; 8:45 am]
 BILLING CODE 3510-22-P