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)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19579-19580 | |
| FR Document | 2016-07733 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices 19579
below (Notification of Injured or Dead mammal and determines that the injury any other aspect of the Notice of
Marine Mammals). or death is not associated with or related Proposed IHA for DONG Energy’s
(c) Notification of Injured or Dead to the activities authorized in the IHA proposed high-resolution geophysical
Marine Mammals. (e.g., previously wounded animal, and geotechnical survey investigations
(i) In the unanticipated event that the carcass with moderate to advanced associated with marine site
specified HRG and geotechnical survey decomposition, or scavenger damage), characterization activities off the coast
activities lead to an injury of a marine the Holder shall report the incident to of Massachusetts in the area of the
mammal (Level A harassment) or the Chief of the Permits and Commercial Lease of Submerged Lands
mortality (e.g., ship-strike, gear Conservation Division, Office of for Renewable Energy Development on
interaction, and/or entanglement), the Protected Resources, NMFS, 301–427– the Outer Continental Shelf (OCS–A
Holder shall immediately cease the 8401, and the NMFS Greater Atlantic 0500). Please include with your
specified activities and report the Regional Fisheries Office Regional comments any supporting data or
incident to the Chief of the Permits and Stranding Coordinator, 978–281–9300, literature citations to help inform our
Conservation Division, Office of within 24 hours of the discovery. The final decision on DONG Energy’s
Protected Resources, 301–427–8401, Holder shall provide photographs or request for an MMPA authorization.
and the NOAA Greater Atlantic video footage (if available) or other Dated: March 30, 2016.
Regional Fisheries Office (GARFO) documentation of the stranded animal
Wanda Cain,
Stranding Coordinator, 978–281–9300. sighting.
The report shall include the following (d) Within 90 days after completion of Acting Deputy Director, Office of Protected
the marine site characterization survey Resources, National Marine Fisheries Service.
information:
• Time, date, and location (latitude/ activities, a technical report shall be [FR Doc. 2016–07712 Filed 4–4–16; 8:45 am]
longitude) of the incident; provided to NMFS and BOEM that fully BILLING CODE 3510–22–P
• Name and type of vessel involved; documents the methods and monitoring
• Vessel’s speed during and leading protocols, summarizes the data recorded
up to the incident; during monitoring, estimates the DEPARTMENT OF COMMERCE
• Description of the incident; number of marine mammals that may
• Status of all sound source use in the National Oceanic and Atmospheric
have been taken during survey
24 hours preceding the incident; Administration
activities, and provides an
• Water depth; interpretation of the results and
• Environmental conditions (e.g., effectiveness of all monitoring tasks. RIN 0648–XE554
wind speed and direction, Beaufort sea Any recommendations made by NMFS
state, cloud cover, and visibility); shall be addressed in the final report Magnuson-Stevens Act Provisions;
• Description of all marine mammal prior to acceptance by NMFS. General Provisions for Domestic
observations in the 24 hours preceding (e) In addition to the Holder’s Fisheries; Application for Exempted
the incident; reporting requirements outlined above, Fishing Permits
• Species identification or the Holder shall provide an assessment AGENCY: National Marine Fisheries
description of the animal(s) involved; report of the effectiveness of the various Service (NMFS), National Oceanic and
• Fate of the animal(s); and mitigation techniques, i.e., visual Atmospheric Administration (NOAA),
• Photographs or video footage of the observations during day and night, Commerce.
animal(s) (if equipment is available). compared to the PAM detections/
Activities shall not resume until ACTION: Notice; request for comments.
operations. This shall be submitted as a
NMFS is able to review the draft to NMFS and BOEM 30 days after SUMMARY: The Assistant Regional
circumstances of the event. NMFS the completion of the HRG and Administrator for Sustainable Fisheries,
would work with the Holder to geotechnical surveys and as a final Greater Atlantic Region, NMFS, has
minimize reoccurrence of such an event version 60 days after completion of the made a preliminary determination that
in the future. The Holder shall not surveys. an Exempted Fishing Permit application
resume activities until notified by 10. This Authorization may be contains all of the required information
NMFS. modified, suspended, or withdrawn if and warrants further consideration. This
(ii) In the event that the Holder the Holder fails to abide by the Exempted Fishing Permit would allow
discovers an injured or dead marine conditions prescribed herein or if NMFS one commercial fishing vessel to fish
mammal and determines that the cause determines the authorized taking is outside of the limited access scallop
of the injury or death is unknown and having more than a negligible impact on regulations in support of research
the death is relatively recent (i.e., in less the species or stock of affected marine conducted by the National Fisheries
than a moderate state of decomposition), mammals. Institute that is investigating scallop
the Holder shall immediately report the 11. A copy of this Authorization and incidental mortality in the scallop
incident to the Chief of the Permits and the Incidental Take Statement must be dredge fishery.
Conservation Division, Office of in the possession of each vessel operator Regulations under the Magnuson-
Protected Resources, 301–427–8401, taking marine mammals under the Stevens Fishery Conservation and
and the GARFO Stranding Coordinator, authority of this Incidental Harassment Management Act require publication of
978–281–9300. The report shall include Authorization. this notification to provide interested
the same information identified in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
12. The Holder is required to comply parties the opportunity to comment on
paragraph above. Activities would be with the Terms and Conditions of the applications for proposed Exempted
able to continue while NMFS reviews Incidental Take Statement Fishing Permits.
the circumstances of the incident. corresponding to NMFS’ Biological
NMFS would work with the Holder to DATES: Comments must be received on
Opinion.
determine if modifications in the or before April 20, 2016.
activities are appropriate. Request for Public Comments ADDRESSES: You may submit written
(iii) In the event that the Holder NMFS requests comment on our comments by any of the following
discovers an injured or dead marine analysis, the draft authorization, and methods:
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![19580 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices
• Email: nmfs.gar.efp@noaa.gov. would use an experimental net bag DEPARTMENT OF COMMERCE
Include in the subject line ‘‘Comments cover and the other would fish with an
on DA16–013 NFI Incidental Discard industry standard 12-foot (4.57-m) turtle National Oceanic and Atmospheric
Mortality EFP.’’ excluder dredge. The experimental Administration
• Mail: John K. Bullard, Regional cover is constructed of 17⁄8-inch (4.76- RIN 0648–XE555
Administrator, NMFS, Greater Atlantic cm) mesh and sewn into the top of the
Regional Fisheries Office, 55 Great dredge apron. The bag can be dumped Magnuson-Stevens Act Provisions;
Republic Drive, Gloucester, MA 01930. independently of the 4-inch (10.16-cm) General Provisions for Domestic
Mark the outside of the envelope ring bag to collect the scallops and other Fisheries; Application for Exempted
‘‘Comments on DA16–013 NFI organisms that pass through the 4-inch Fishing Permits
Incidental Discard Mortality EFP.’’ (10.16-cm) rings. The dredge
• Fax: (978) 281–9135. AGENCY: National Marine Fisheries
configurations would be switched to the Service (NMFS), National Oceanic and
FOR FURTHER INFORMATION CONTACT:
opposite side after five tows for each Atmospheric Administration (NOAA),
Shannah Jaburek, Fisheries Management substrate.
Specialist, 978–282–8456. Commerce.
SUPPLEMENTARY INFORMATION: NOAA
All scallops that filter through the 4- ACTION: Notice; request for comments.
awarded the National Fisheries Institue inch (10.16-cm) rings and into the mesh
bag would be measured for shell height SUMMARY: The Assistant Regional
(NFI) a grant through the 2014 Atlantic Administrator for Sustainable Fisheries,
sea scallop research set-aside program and assessed for damage to the shell in
one of three categories: Not injured; sub- Greater Atlantic Region, NMFS, has
in support of a project titled, made a preliminary determination that
‘‘Determining Incidental Discard lethal (repairable); or lethal (non-
an Exempted Fishing Permit application
Mortality of Atlantic Sea Scallops, repairable). After all scallops are
contains all of the required information
Placopecten magellanicus, in the assessed, they would be returned to the
and warrants further consideration. The
Scallop Dredge Fishery in the Mid- ocean bottom as soon as practicable. Exempted Fishing Permit would allow a
Atlantic Bight.’’ NMFS issued the The researchers would then use this commercial fishing vessel to fish
National Fisheries Institute (NFI) an information to estimate the proportion outside of the limited access scallop
Exempted Fishing Permit (EFP) on April of scallops in each injury category. The regulations in support of research
30, 2015, to complete the project. On weight of scallop catch retained in the conducted by the Coonamessett Farm
February 16, 2016, NMFS received a 4-inch (10.16-cm) ring bags of both Foundation. The exemptions are in
request to authorize participating dredges would be estimated by the support of gear research designed to
vessels to perform an additional 20 tows captain. Researchers would take shell reduce flatfish bycatch in the limited
over the course of two limited access measurements of a subsample of 50 access general category scallop fishery.
Atlantic sea scallop days-at-sea (DAS). scallops per tow per dredge to Regulations under the Magnuson-
NFI is requesting exemptions that determine size selectivity within each Stevens Fishery Conservation and
would allow one commercial fishing dredge. All other bycatch in the Management Act require publication of
vessel to fish outside of the DAS experimental net bag would be sorted, this notification to provide interested
regulations found at 50 CFR 648.53(b); parties the opportunity to comment on
the captain would estimate the weights,
mesh size restrictions at § 648.51(a)(2); applications for proposed Exempted
and researchers would measure a
obstruction in dredge gear restrictions at Fishing Permits.
minimum of 25 lengths per individual
§ 648.51(b)(4)(iii); and the crew size
species. No catch would be landed for DATES: Comments must be received on
regulations at § 648.51(c). In addition,
sale. or before April 20, 2016.
the EFP would temporarily exempt the
participating vessel from possession If approved, the applicant may ADDRESSES: You may submit written
limits and minimum size requirements request minor modifications and comments by any of the following
specified in 50 CFR part 648, extensions to the EFP throughout the methods:
subsections B and D through O, for year. EFP modifications and extensions • Email: nmfs.gar.efp@noaa.gov.
sampling purposes only. Any fishing Include in the subject line ‘‘CFF LAGC
may be granted without further notice if
activity conducted outside the scope of Modified Sweep EFP.’’
they are deemed essential to facilitate
the exempted fishing activity would be • Mail: John K. Bullard, Regional
completion of the proposed research Administrator, NMFS, Greater Atlantic
prohibited. and have minimal impacts that do not
The project would conduct dredging Regional Fisheries Office, 55 Great
change the scope or impact of the Republic Drive, Gloucester, MA 01930.
activities to assess the incidental initially approved EFP request. Any
mortality of scallops passing through Mark the outside of the envelope
fishing activity conducted outside the ‘‘Comments on CFF LAGC Modified
the 4-inch (10.16-cm) rings of a 12-foot scope of the exempted fishing activity
(4.57-m) Turtle Deflector Dredge on Sweep EFP.’’
sandy and hard (gravel) substrates.
would be prohibited. • Fax: (978) 281–9135.
Dredging would be conducted over Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT:
approximately two DAS during the Dated: March 31, 2016. Shannah Jaburek, Fisheries Management
proposed period of May 2016 through Specialist, 978–282–8456.
Alan D. Risenhoover,
June 2016. All dredging would occur in SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Director, Office of Sustainable Fisheries,
open access scallop fishing areas off the Coonamesset Farm Foundation (CFF)
National Marine Fisheries Service.
coast of New Jersey. A total of 20 scallop has submitted a proposal titled
[FR Doc. 2016–07733 Filed 4–4–16; 8:45 am]
tows would be conducted (10 tows per ‘‘Determining the Impacts of Dredge Bag
substrate). Each tow would be made at BILLING CODE 3510–22–P Modifications on Flatfish Bycatch in the
depths of 18 to 25 fathoms (32.92 to LAGC Scallop Fishery,’’ that has been
45.72 m) for a duration of 40 minutes. favorably reviewed and is pending final
The scallop vessel would fish two approval by NOAA’s Grants
dredges simultaneously. One dredge Management Division under the 2016
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Document Created: 2018-02-07 13:53:29
Document Modified: 2018-02-07 13:53:29
| 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 20, 2016. | |
| Contact | Shannah Jaburek, Fisheries Management Specialist, 978-282-8456. | |
| FR Citation | 81 FR 19579 | |
| RIN Number | 0648-XE55 |
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