81 FR 21320 - 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 69 (April 11, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 69 (April 11, 2016)
| Page Range | 21320-21321 | |
| FR Document | 2016-08256 |
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)] [Notices] [Pages 21320-21321] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08256] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE552 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 submitted by The Nature Conservancy contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow participants to use electronic monitoring systems in lieu of at- sea monitors in support of a study to develop electronic monitoring for the purposes of catch monitoring in the groundfish 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 26, 2016. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``TNC EM 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 ``TNC EM EFP.'' FOR FURTHER INFORMATION CONTACT: Brett Alger, Groundfish Sector Policy Analyst, 978-675-2153. SUPPLEMENTARY INFORMATION: In 2010, NMFS implemented Amendment 16 to the Northeast (NE) Multispecies Fishery Management Plan (FMP), which revised and expanded the sector management system and established annual catch limits and accountability measures for each stock in the fishery. In order to reliably estimate sector catch and monitor sector operations, Amendment 16 included new requirements for groundfish sectors to implement and [[Page 21321]] fund an at-sea monitoring (ASM) program. Amendment 16 also included a provision that allows electronic monitoring (EM) to be used to satisfy this monitoring requirement, provided NMFS deems the technology sufficient for the purposes of catch accounting. There are likely different visions for what an EM system entails, but generally EM incorporates video cameras, sensors, and electronic reporting systems into a vessel's fishing operations. Depending on the program design, EM has the potential to reduce the expenses associated with monitoring groundfish sectors, and, at the same time, increase accountability and monitoring in the fishery. However, moving away from human observers has its trade-offs; the types and quality of data can be different between EM and ASMs. Simply stated, EM may be a suitable replacement to ASM, provided EM has the ability to identify species, and verify weights and counts of discards in the groundfish fishery. For the groundfish fishery, the program designs being considered are the ``audit model'' and the ``maximized retention model.'' The audit model would use EM to verify discards reported by a captain on a vessel trip report. Under the maximized retention model, vessels would be required to retain most fish species (e.g., allocated groundfish stocks), be allowed to discard others (e.g., protected species), and EM would be used to ensure compliance with discarding regulations. NMFS has not yet approved EM as a suitable alternative to ASM for the groundfish fishery. However, there have been several efforts in recent years to develop EM as a monitoring tool in the fishery. NMFS has been collaborating with The Nature Conservancy (TNC), the Gulf of Maine Research Institute, the Maine Coast Fishermen's Association, the Cape Cod Commercial Fishermen's Alliance, and Ecotrust Canada to implement a program that uses EM for monitoring in the groundfish fishery. NMFS has been building database infrastructure and processing tools for data collected from EM video footage, conducting comparative analysis to the existing catch monitoring systems in the fishery, and addressing additional legal and logistical hurdles. However, there are some challenges that remain that will require additional EM data and analysis to resolve. For example, an EM program must specify how much video needs to be reviewed to satisfy the monitoring objectives, and best practices need to be developed for species that are difficult to identify using EM. To further examine these issues and develop EM, TNC submitted a complete application for an EFP on March 17, 2016, to enable data collection activities and catch monitoring that the regulations on commercial fishing would otherwise restrict. The EFP would support an EM study intended to improve the functionality of EM systems, optimize fish handling protocols by participating fishermen, and continue development of EM as a monitoring tool for the groundfish fishery. Results of this study would be used to inform the approval and implementation of EM in the fishery. The EFP would exempt participating vessels from adhering to its sector's monitoring plan, which requires the deployment of ASMs on sector trips selected for ASM coverage. While participating in the EM study, vessels would use EM to replace ASMs when selected for ASM coverage. EM would not replace Northeast Fishery Observer Program (NEFOP) observers. Approximately 20 sector vessels would participate in this project, including participants from the Georges Bank Cod Fixed Gear Sector, the Maine Coast Community Sector, the Northeast Fishery Sector 11, and possibly additional sectors as well. Under the EFP, vessels would declare sector trips in the Pre-Trip Notification System, as required by the FMP. However, if selected for ASM coverage, the vessel would be issued an ASM waiver and instead be required to turn on the EM system for the entire fishing trip. If selected for NEFOP coverage, the vessel would fish with a NEFOP observer and would also turn on the EM system for the entire trip. A third-party provider would review 100 percent of the video from each EM trip, and NMFS would audit the provider(s) to verify the accuracy of the EM data collected. For sector monitoring, NMFS uses a combination of the discard data collected from NEFOP observers and ASMs to estimate discards. For vessels participating in this EFP, NMFS would use the EM data collected in place of the ASM data. All other catch monitoring under the EFP would be consistent with standard sector monitoring, such as using dealer-reported landings and vessel trip reports. Across all participants, TNC expects approximately 900 total trips throughout the 2016 fishing year. If the target observer coverage was set at 14 percent, as proposed in Framework Adjustment 55 to the NE Multispecies FMP, this would result in approximately 126 EM trips. Some of these trips would have a NEFOP observer onboard as well. All catch of groundfish stocks allocated to sectors by vessels would be deducted from the sector's annual catch entitlement for each NE multispecies stock. Legal-sized regulated groundfish would be retained and landed, as required by the FMP. Undersized groundfish would be handled according to the EM project guidelines in view of cameras and returned to the sea as quickly as possible. All other species would be handled per normal commercial fishing operations. No legal-size regulated groundfish would be discarded, unless otherwise permitted through regulatory exemptions granted to the participating vessel's sector. 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: April 6, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-08256 Filed 4-8-16; 8:45 am] BILLING CODE 3510-22-P
![21320 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
concerning our finding of no shipments exporter. These deposit requirements, DEPARTMENT OF COMMERCE
by these 11 companies. In these final when imposed, shall remain in effect
results of review, we continue to until further notice. National Oceanic and Atmospheric
determine that these 11 companies had Administration
no shipments of subject merchandise Notification to Importers
RIN 0648–XE552
during the POR. This notice also serves as a final
Assessment Rates reminder to importers of their Magnuson-Stevens Act Provisions;
responsibility under 19 CFR General Provisions for Domestic
Pursuant to section 751(a)(2)(C) of the Fisheries; Application for Exempted
Act, and 19 CFR 351.212(b), the 351.402(f)(2) to file a certificate
regarding the reimbursement of Fishing Permits
Department has determined, and U.S.
Customs and Border Protection (‘‘CBP’’) antidumping duties prior to liquidation AGENCY: National Marine Fisheries
shall assess, antidumping duties on all of the relevant entries during this Service (NMFS), National Oceanic and
appropriate entries of subject review period. Failure to comply with Atmospheric Administration (NOAA),
merchandise in accordance with the this requirement could result in the Commerce.
final results of this review. The Department’s presumption that ACTION: Notice; request for comments.
Department intends to issue assessment reimbursement of antidumping duties
instructions to CBP 15 days after the occurred and the subsequent assessment SUMMARY: The Assistant Regional
publication date of these final results of of double antidumping duties. Administrator for Sustainable Fisheries,
review. We intend to instruct CBP to Greater Atlantic Region, NMFS, has
liquidate POR entries of subject Administrative Protective Order made a preliminary determination that
merchandise from the seven companies, an Exempted Fishing Permit application
including Shanghai Jian Pu, which This notice also serves as a reminder submitted by The Nature Conservancy
failed to establish their eligibility for to parties subject to administrative contains all of the required information
separate rate status at the rate applicable protective order (‘‘APO’’) of their and warrants further consideration. This
to the PRC-wide entity. For the 11 responsibility concerning the return or Exempted Fishing Permit would allow
companies which the Department destruction of proprietary information participants to use electronic
determined had no shipments during disclosed under the APO in accordance monitoring systems in lieu of at-sea
the POR, all suspended entries under with 19 CFR 351.305(a)(3), which monitors in support of a study to
any of those companies’ antidumping continues to govern business develop electronic monitoring for the
case numbers will be liquidated at the proprietary information in this segment purposes of catch monitoring in the
assessment rate for the PRC-wide of the proceeding. Timely written groundfish fishery.
entity.8 notification of the return/destruction of Regulations under the Magnuson-
Cash Deposit Requirements APO materials or conversion to judicial Stevens Fishery Conservation and
protective order is hereby requested. Management Act require publication of
The following cash deposit Failure to comply with the regulations this notification to provide interested
requirements will be effective upon and terms of an APO is a violation parties the opportunity to comment on
publication of the final results of this applications for proposed Exempted
which is subject to sanction.
review for shipments of the subject Fishing Permits.
merchandise from the PRC entered, or These final results of review are
DATES: Comments must be received on
withdrawn from warehouse, for issued and published in accordance
or before April 26, 2016.
consumption on or after the publication with sections 751(a)(1) and 777(i) of the
date in the Federal Register of the final Act and 19 CFR 351.213. ADDRESSES: You may submit written
results of review, as provided by section comments by any of the following
Dated: April 1, 2016. methods:
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC Paul Piquado, • Email: nmfs.gar.efp@noaa.gov.
and non-PRC exporters which are not Assistant Secretary for Enforcement and Include in the subject line ‘‘TNC EM
under review in this segment of the Compliance. EFP.’’
proceeding but which have separate • Mail: John K. Bullard, Regional
Appendix Administrator, NMFS, Greater Atlantic
rates, the cash deposit rate will continue
to be the existing exporter-specific rate; Summary Regional Fisheries Office, 55 Great
(2) for all PRC exporters of subject Background Republic Drive, Gloucester, MA 01930.
merchandise that have not been found Scope of the Order Mark the outside of the envelope ‘‘TNC
to be entitled to a separate rate, Discussion of the Issues EM EFP.’’
including Shanghai Jian Pu and the six Comment 1: Treatment of Shanghai Jian Pu FOR FURTHER INFORMATION CONTACT:
companies noted above, the cash Import & Export Co. Ltd. Brett Alger, Groundfish Sector Policy
deposit rate will be the rate for the PRC- Recommendation Analyst, 978–675–2153.
wide entity, which is 216.01 percent; (3) [FR Doc. 2016–08233 Filed 4–8–16; 8:45 am] SUPPLEMENTARY INFORMATION: In 2010,
for all non-PRC exporters of subject BILLING CODE 3510–DS–P NMFS implemented Amendment 16 to
merchandise which have not received the Northeast (NE) Multispecies Fishery
their own rate, the cash deposit rate will Management Plan (FMP), which revised
mstockstill on DSK4VPTVN1PROD with NOTICES
be the rate applicable to the PRC and expanded the sector management
exporter that supplied that non-PRC system and established annual catch
limits and accountability measures for
Inc.; and (11) Zhejiang Tianyi Scientific & each stock in the fishery. In order to
Educational Equipment Co., Ltd. reliably estimate sector catch and
8 For a full discussion of this practice, see Non-
Market Economy Antidumping Proceedings:
monitor sector operations, Amendment
Assessment of Antidumping Duties, 76 FR 65694 16 included new requirements for
(October 24, 2011). groundfish sectors to implement and
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![Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21321
fund an at-sea monitoring (ASM) To further examine these issues and All catch of groundfish stocks
program. Amendment 16 also included develop EM, TNC submitted a complete allocated to sectors by vessels would be
a provision that allows electronic application for an EFP on March 17, deducted from the sector’s annual catch
monitoring (EM) to be used to satisfy 2016, to enable data collection activities entitlement for each NE multispecies
this monitoring requirement, provided and catch monitoring that the stock. Legal-sized regulated groundfish
NMFS deems the technology sufficient regulations on commercial fishing would be retained and landed, as
for the purposes of catch accounting. would otherwise restrict. The EFP required by the FMP. Undersized
There are likely different visions for would support an EM study intended to groundfish would be handled according
what an EM system entails, but improve the functionality of EM to the EM project guidelines in view of
generally EM incorporates video systems, optimize fish handling cameras and returned to the sea as
cameras, sensors, and electronic protocols by participating fishermen, quickly as possible. All other species
reporting systems into a vessel’s fishing and continue development of EM as a would be handled per normal
operations. Depending on the program monitoring tool for the groundfish commercial fishing operations. No legal-
design, EM has the potential to reduce fishery. Results of this study would be size regulated groundfish would be
the expenses associated with monitoring used to inform the approval and discarded, unless otherwise permitted
groundfish sectors, and, at the same implementation of EM in the fishery. through regulatory exemptions granted
time, increase accountability and The EFP would exempt participating to the participating vessel’s sector.
monitoring in the fishery. However, vessels from adhering to its sector’s If approved, the applicant may
moving away from human observers has monitoring plan, which requires the request minor modifications and
its trade-offs; the types and quality of deployment of ASMs on sector trips extensions to the EFP throughout the
data can be different between EM and selected for ASM coverage. While year. EFP modifications and extensions
ASMs. Simply stated, EM may be a participating in the EM study, vessels may be granted without further notice if
suitable replacement to ASM, provided would use EM to replace ASMs when they are deemed essential to facilitate
EM has the ability to identify species, selected for ASM coverage. EM would completion of the proposed research
and verify weights and counts of not replace Northeast Fishery Observer and have minimal impacts that do not
discards in the groundfish fishery. Program (NEFOP) observers. change the scope or impact of the
For the groundfish fishery, the Approximately 20 sector vessels would initially approved EFP request. Any
program designs being considered are participate in this project, including fishing activity conducted outside the
participants from the Georges Bank Cod scope of the exempted fishing activity
the ‘‘audit model’’ and the ‘‘maximized
Fixed Gear Sector, the Maine Coast would be prohibited.
retention model.’’ The audit model
Community Sector, the Northeast
would use EM to verify discards Authority: 16 U.S.C. 1801 et seq.
Fishery Sector 11, and possibly
reported by a captain on a vessel trip Dated: April 6, 2016.
additional sectors as well.
report. Under the maximized retention Under the EFP, vessels would declare Emily H. Menashes,
model, vessels would be required to sector trips in the Pre-Trip Notification Acting Director, Office of Sustainable
retain most fish species (e.g., allocated System, as required by the FMP. Fisheries, National Marine Fisheries Service.
groundfish stocks), be allowed to However, if selected for ASM coverage, [FR Doc. 2016–08256 Filed 4–8–16; 8:45 am]
discard others (e.g., protected species), the vessel would be issued an ASM BILLING CODE 3510–22–P
and EM would be used to ensure waiver and instead be required to turn
compliance with discarding regulations. on the EM system for the entire fishing
NMFS has not yet approved EM as a trip. If selected for NEFOP coverage, the DEPARTMENT OF COMMERCE
suitable alternative to ASM for the vessel would fish with a NEFOP
groundfish fishery. However, there have observer and would also turn on the EM National Oceanic and Atmospheric
been several efforts in recent years to system for the entire trip. A third-party Administration
develop EM as a monitoring tool in the provider would review 100 percent of
fishery. RIN 0648–XE536
the video from each EM trip, and NMFS
NMFS has been collaborating with would audit the provider(s) to verify the Marine Fisheries Advisory Committee
The Nature Conservancy (TNC), the Gulf accuracy of the EM data collected. For Meeting
of Maine Research Institute, the Maine sector monitoring, NMFS uses a
Coast Fishermen’s Association, the Cape combination of the discard data AGENCY: National Marine Fisheries
Cod Commercial Fishermen’s Alliance, collected from NEFOP observers and Service (NMFS), National Oceanic and
and Ecotrust Canada to implement a ASMs to estimate discards. For vessels Atmospheric Administration (NOAA),
program that uses EM for monitoring in participating in this EFP, NMFS would Commerce.
the groundfish fishery. NMFS has been use the EM data collected in place of the ACTION: Notice of open public meeting.
building database infrastructure and ASM data. All other catch monitoring
processing tools for data collected from SUMMARY: This notice sets forth the
under the EFP would be consistent with
EM video footage, conducting proposed schedule and agenda of a
standard sector monitoring, such as
comparative analysis to the existing forthcoming meeting of the Marine
using dealer-reported landings and
catch monitoring systems in the fishery, Fisheries Advisory Committee
vessel trip reports.
and addressing additional legal and Across all participants, TNC expects (MAFAC). The members will discuss
logistical hurdles. However, there are approximately 900 total trips and provide advice on issues outlined
under SUPPLEMENTARY INFORMATION
mstockstill on DSK4VPTVN1PROD with NOTICES
some challenges that remain that will throughout the 2016 fishing year. If the
require additional EM data and analysis target observer coverage was set at 14 below.
to resolve. For example, an EM program percent, as proposed in Framework DATES: The meeting will be held April
must specify how much video needs to Adjustment 55 to the NE Multispecies 25–27, 2016, from 8:30 a.m. to 5 p.m.
be reviewed to satisfy the monitoring FMP, this would result in ADDRESSES: The meeting will be held at
objectives, and best practices need to be approximately 126 EM trips. Some of the Hotel Monaco Portland, 506 SW.
developed for species that are difficult these trips would have a NEFOP Washington Street, Portland, OR 97204;
to identify using EM. observer onboard as well. 503–222–0001.
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Document Created: 2016-04-09 00:11:20
Document Modified: 2016-04-09 00:11:20
| 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 26, 2016. | |
| Contact | Brett Alger, Groundfish Sector Policy Analyst, 978-675-2153. | |
| FR Citation | 81 FR 21320 | |
| RIN Number | 0648-XE55 |
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