81_FR_37690 81 FR 37578 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

81 FR 37578 - 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 112 (June 10, 2016)

Page Range37578-37579
FR Document2016-13728

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This permit would allow one commercial fishing vessel to test the economic viability of using electric rod and reel gear to target pollock in the Western Gulf of Maine Closure Area, and to temporarily retain undersized catch for measurement and data collection. The privately- funded study would be conducted by a commercial fisherman as a pilot demonstration project. 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 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37578-37579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13728]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE619


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

[[Page 37579]]

(Assistant Regional Administrator), has made a preliminary 
determination that an exempted fishing permit application contains all 
of the required information and warrants further consideration. This 
permit would allow one commercial fishing vessel to test the economic 
viability of using electric rod and reel gear to target pollock in the 
Western Gulf of Maine Closure Area, and to temporarily retain 
undersized catch for measurement and data collection. The privately-
funded study would be conducted by a commercial fisherman as a pilot 
demonstration project.
    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 June 27, 2016.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on Rod and Reel Fishing in WGOM Closed Area 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 Rod 
and Reel Fishing in WGOM Closed Area EFP.''

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

SUPPLEMENTARY INFORMATION: A commercial fisherman submitted a complete 
application for an exempted fishing permit (EFP) on May 4, 2016, to 
conduct commercial fishing activities that the regulations would 
otherwise restrict. The EFP would authorize one vessel to use electric 
rod and reel gear in the Western Gulf of Maine (GOM) Closure Area and 
to temporarily retain undersized catch for measurement and data 
collection.
    The project, titled ``Utilization of Electric Rod and Reel to 
Target Pollock in WGOM Closed Area,'' is privately funded by a 
commercial fisherman as a pilot study to test the economic viability of 
using electric rod and reel gear to target pollock while avoiding non-
target catch. The study would take place in the Western GOM Closure 
Area, from June through August 2016, with one vessel planning to fish 
up to 5 days per month. The exemptions are necessary because groundfish 
vessels on commercial groundfish trips are prohibited from fishing in 
the Western GOM Closure Area and from retaining undersized groundfish. 
The vessel would use four electric rod and reels each day and fish for 
at least 4 to 6 hours, with an additional 5 to 6 hours of steaming, for 
a total trip of approximately 12 hours. Fishing would primarily occur 
within the Western GOM Closure Area, in the area known as ``The 
Fingers,'' with some effort being conducted outside the area. The 
researcher is requesting access to the Western GOM Closure Area based 
on his belief that pollock is concentrated in this area, and that they 
can be targeted with minimal catch of non-target species.
    A research technician would accompany all trips that occur under 
this EFP to measure and document fish caught (retained and discarded), 
document fishing gear, bait, location, and fishing conditions to 
evaluate gear performance. Undersized fish would be discarded as 
quickly as possible after sampling. All Northeast multispecies of legal 
size would be landed, with all catch being attributed to the sector 
vessel's annual catch entitlement. Proceeds from the sales would be 
retained by the vessel. The participating vessel would not be exempt 
from any sector monitoring or reporting requirements.
    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: June 6, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-13728 Filed 6-9-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                    37578                           Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

                                                    II. NOAA Proposed Action                                DEPARTMENT OF COMMERCE                                 (Balaena mysticetus) and spotted seal
                                                                                                                                                                   (Phoca largha). Samples would be
                                                       NOAA is releasing for public                         National Oceanic and Atmospheric                       measured for contaminant levels to
                                                    comment a DEIS that analyzes a                          Administration                                         determine marine mammal exposure to
                                                    proposed action to expand the FGBNMS                                                                           polybrominated diphenyl ethers and
                                                                                                            RIN 0648–XE404 and 0648–XE486
                                                    boundary to include additional bank                                                                            perfluorinated compounds. No live
                                                    and reef areas in the northcentral Gulf                 Marine Mammals; File Nos. 18978 and                    animals would be affected. The permit
                                                    of Mexico and to apply the existing                     19768                                                  is valid through April 30, 2021.
                                                    sanctuary regulations and management                                                                              File No. 19768 (Hildebrandt)
                                                    regime to the expanded area. NOAA                       AGENCY:  National Marine Fisheries                     authorizes the receipt of cell lines from
                                                    developed five alternatives for                         Service (NMFS), National Oceanic and                   other researchers and the creation of cell
                                                    expanding the FGBNMS boundary. The                      Atmospheric Administration (NOAA),                     lines from animal tissues obtained from
                                                    alternatives range from taking no action                Commerce.                                              the stranding network under a regional
                                                    to adding as much as an additional                      ACTION: Notice; issuance of permits.                   authorization letter for scientific
                                                    approximate 880 square miles.                                                                                  research purposes. Up to 15 cell lines
                                                                                                            SUMMARY:    Notice is hereby given that                would be received or created annually
                                                       NOAA’s preferred alternative                         permits have been issued to the                        from certain cetacean species. These cell
                                                    (Alternative 3) is the expansion of the                 following entities for research on marine              lines would be used to study the
                                                    existing boundaries from ∼56 square                     mammal parts:                                          evolution of endogenous viruses
                                                    miles to an area that encompasses ∼383                     File No. 18978: Pam Miller, Alaska                  (viruses that integrate into the genome
                                                    square miles of waters in the                           Community Action on Toxics, 505 West                   of the host) using the DNA and RNA
                                                    northwestern Gulf of Mexico. This                       Northern Lights Blvd., Suite 205,                      sequencing. No live animals would be
                                                    alternative would add 15 additional                     Anchorage, AK 99503; and                               affected. The permit is valid through
                                                    banks ranging from 70 to 120 miles off-                    File No. 19768: Evin Hildebrandt,                   May 31, 2021.
                                                    shore that are comprised of reefs and                   Ph.D., University of Massachusetts                        In compliance with the National
                                                    bottom features that provide habitat for                Medical School, 55 Lake Avenue, S3–                    Environmental Policy Act of 1969 (42
                                                    fish and other biological resources that                221, Worcester, MA 01655.                              U.S.C. 4321 et seq.), a final
                                                    serve as engines of sustainability for                  ADDRESSES: The permits and related                     determination has been made that the
                                                    much of the Gulf of Mexico.                             documents are available for review                     activities proposed are categorically
                                                                                                            upon written request or by appointment                 excluded from the requirement to
                                                       The proposed sanctuary expansion                                                                            prepare an environmental assessment or
                                                                                                            in the Permits and Conservation
                                                    advances NOAA’s mission to conserve                     Division, Office of Protected Resources,               environmental impact statement.
                                                    and manage coastal and marine                           NMFS, 1315 East-West Highway, Room                        As required by the ESA, issuance of
                                                    ecosystems and resources and furthers                   13705, Silver Spring, MD 20910; phone                  these permits was based on a finding
                                                    the FGBNMS mission to identify,                         (301) 427–8401; fax (301) 713–0376.                    that such permits: (1) Were applied for
                                                    protect, conserve, and enhance the                                                                             in good faith; (2) will not operate to the
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    natural and cultural resources, values,                 Jennifer Skidmore or Amy Sloan, (301)                  disadvantage of such endangered
                                                    and qualities of FGBNMS and its                         427–8401.                                              species; and (3) are consistent with the
                                                    regional environment for this and future                                                                       purposes and policies set forth in
                                                                                                            SUPPLEMENTARY INFORMATION: On March
                                                    generations. The need for the proposed                                                                         section 2 of the ESA.
                                                                                                            8, 2016 (File No. 18978; 81 FR 12075)
                                                    sanctuary expansion is informed by                                                                               Dated: June 6, 2016.
                                                                                                            and March 11, 2016 (File No. 19768; 81
                                                    widespread acute and chronic threats to                 FR 12879), notices were published in                   Julia Harrison,
                                                    marine habitat in the north central Gulf                the Federal Register that requests for                 Chief, Permits and Conservation Division,
                                                    of Mexico that can most effectively be                  permits to conduct research on marine                  Office of Protected Resources, National
                                                    addressed through NOAA’s evaluation                     mammal parts had been submitted by                     Marine Fisheries Service.
                                                    and implementation of the                               the above-named applicants. The                        [FR Doc. 2016–13714 Filed 6–9–16; 8:45 am]
                                                    comprehensive suite of habitat                          requested permits have been issued                     BILLING CODE 3510–22–P
                                                    conservation and management actions                     under the authority of the Marine
                                                    made possible by FGBNMS expansion                       Mammal Protection Act of 1972, as
                                                    to ensure that valuable natural resources               amended (16 U.S.C. 1361 et seq.), the                  DEPARTMENT OF COMMERCE
                                                    are available to future generations of                  regulations governing the taking and
                                                                                                                                                                   National Oceanic and Atmospheric
                                                    Americans.                                              importing of marine mammals (50 CFR
                                                                                                                                                                   Administration
                                                       NOAA is seeking public comment on                    part 216), the Endangered Species Act of
                                                    the DEIS which is available at http://                  1973, as amended (ESA; 16 U.S.C. 1531                  RIN 0648–XE619
                                                    flowergarden.noaa.gov/ or may be                        et seq.), and the regulations governing
                                                                                                            the taking, importing, and exporting of                Magnuson-Stevens Act Provisions;
                                                    obtained by contacting the individual                                                                          General Provisions for Domestic
                                                                                                            endangered and threatened species (50
                                                    listed under the heading FOR FURTHER                                                                           Fisheries; Application for Exempted
                                                                                                            CFR parts 222–226).
                                                    INFORMATION CONTACT.                                                                                           Fishing Permits
                                                                                                               File No. 18978 (Miller) authorizes the
                                                       Authority: 16 U.S.C. 1431 et seq.                    receipt and export of subsistence hunted
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   AGENCY:  National Marine Fisheries
                                                      Dated: June 1, 2016.                                  marine mammal parts. Researchers will                  Service (NMFS), National Oceanic and
                                                    John Armor,
                                                                                                            work with Yupik households and local                   Atmospheric Administration (NOAA),
                                                                                                            hunters on St. Lawrence Island, Alaska,                Commerce.
                                                    Acting Director, Office of National Marine              to obtain samples from up to 8 animals
                                                    Sanctuaries.                                                                                                   ACTION: Notice; request for comments.
                                                                                                            per year from ringed seal (Pusa hispida);
                                                    [FR Doc. 2016–13661 Filed 6–9–16; 8:45 am]
                                                                                                            bearded seal (Erignathus barbatus); and                SUMMARY:  The Assistant Regional
                                                    BILLING CODE 3510–NK–P                                  ribbon seal (Histriophoca fasciata) and                Administrator for Sustainable Fisheries,
                                                                                                            9 animals per year from bowhead whale                  Greater Atlantic Region, NMFS


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                                                                                    Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices                                            37579

                                                    (Assistant Regional Administrator), has                 fishing in the Western GOM Closure                     ACTION: Notice of Interim Patent Term
                                                    made a preliminary determination that                   Area and from retaining undersized                     Extension.
                                                    an exempted fishing permit application                  groundfish. The vessel would use four
                                                    contains all of the required information                electric rod and reels each day and fish               SUMMARY:   The United States Patent and
                                                    and warrants further consideration. This                for at least 4 to 6 hours, with an                     Trademark Office has issued an order
                                                    permit would allow one commercial                       additional 5 to 6 hours of steaming, for               granting interim extension under 35
                                                    fishing vessel to test the economic                     a total trip of approximately 12 hours.                U.S.C. 156(d)(5) for a one-year interim
                                                    viability of using electric rod and reel                Fishing would primarily occur within                   extension of the term of U.S. Patent No.
                                                    gear to target pollock in the Western                   the Western GOM Closure Area, in the                   5,912,231.
                                                    Gulf of Maine Closure Area, and to                      area known as ‘‘The Fingers,’’ with
                                                    temporarily retain undersized catch for                 some effort being conducted outside the                FOR FURTHER INFORMATION CONTACT:
                                                    measurement and data collection. The                    area. The researcher is requesting access              Mary C. Till by telephone at (571) 272–
                                                    privately-funded study would be                         to the Western GOM Closure Area based                  7755; by mail marked to her attention
                                                    conducted by a commercial fisherman                     on his belief that pollock is                          and addressed to the Commissioner for
                                                    as a pilot demonstration project.                       concentrated in this area, and that they               Patents, Mail Stop Hatch-Waxman PTE,
                                                       Regulations under the Magnuson-                      can be targeted with minimal catch of                  P.O. Box 1450, Alexandria, VA 22313–
                                                    Stevens Fishery Conservation and                        non-target species.                                    1450; by fax marked to her attention at
                                                    Management Act require publication of                      A research technician would                         (571) 273–7755; or by email to
                                                    this notification to provide interested                 accompany all trips that occur under                   Mary.Till@uspto.gov.
                                                    parties the opportunity to comment on                   this EFP to measure and document fish
                                                    applications for proposed exempted                      caught (retained and discarded),                       SUPPLEMENTARY INFORMATION:      Section
                                                    fishing permits.                                        document fishing gear, bait, location,                 156 of Title 35, United States Code,
                                                    DATES: Comments must be received on                     and fishing conditions to evaluate gear                generally provides that the term of a
                                                    or before June 27, 2016.                                performance. Undersized fish would be                  patent may be extended for a period of
                                                    ADDRESSES: You may submit written                       discarded as quickly as possible after                 up to five years if the patent claims a
                                                    comments by any of the following                        sampling. All Northeast multispecies of                product, or a method of making or using
                                                    methods:                                                legal size would be landed, with all                   a product, that has been subject to
                                                       • Email: NMFS.GAR.EFP@noaa.gov.                      catch being attributed to the sector                   certain defined regulatory review, and
                                                    Include in the subject line ‘‘Comments                  vessel’s annual catch entitlement.                     that the patent may be extended for
                                                    on Rod and Reel Fishing in WGOM                         Proceeds from the sales would be                       interim periods of up to one year if the
                                                    Closed Area EFP.’’                                      retained by the vessel. The participating              regulatory review is anticipated to
                                                       • Mail: John K. Bullard, Regional                    vessel would not be exempt from any                    extend beyond the expiration date of the
                                                    Administrator, NMFS, Greater Atlantic                   sector monitoring or reporting                         patent.
                                                    Regional Fisheries Office, 55 Great                     requirements.
                                                                                                               If approved, the applicant may                        On May 26, 2016, Scripps Research
                                                    Republic Drive, Gloucester, MA 01930.
                                                    Mark the outside of the envelope                        request minor modifications and                        Institute, the patent owner of record,
                                                    ‘‘Comments Rod and Reel Fishing in                      extensions to the EFP throughout the                   timely filed an application under 35
                                                    WGOM Closed Area EFP.’’                                 year. EFP modifications and extensions                 U.S.C. 156(d)(5) for an interim extension
                                                    FOR FURTHER INFORMATION CONTACT:                        may be granted without further notice if               of the term of U.S. Patent No. 5,912,231.
                                                    Elizabeth Scheimer, Fisheries                           they are deemed essential to facilitate                The patent claims a composition of the
                                                    Management Specialist, 978–281–9236,                    completion of the proposed research                    active ingredient pexiganan of the
                                                    Elizabeth.scheimer@noaa.gov.                            and have minimal impacts that do not                   human drug product LOCILEX®. The
                                                    SUPPLEMENTARY INFORMATION: A
                                                                                                            change the scope or impact of the                      application for patent term extension
                                                    commercial fisherman submitted a                        initially approved EFP request. Any                    indicates that New Drug Application
                                                    complete application for an exempted                    fishing activity conducted outside the                 (NDA) 29–930 was submitted to the
                                                    fishing permit (EFP) on May 4, 2016, to                 scope of the exempted fishing activity                 Food and Drug Administration (FDA) on
                                                    conduct commercial fishing activities                   would be prohibited.                                   July 24, 1998.
                                                    that the regulations would otherwise                      Authority: 16 U.S.C. 1801 et seq.                      Review of the patent term extension
                                                    restrict. The EFP would authorize one                     Dated: June 6, 2016.                                 application indicates that, except for
                                                    vessel to use electric rod and reel gear                Alan D. Risenhoover,                                   permission to market or use the product
                                                    in the Western Gulf of Maine (GOM)                      Director, Office of Sustainable Fisheries,             commercially, the subject patent would
                                                    Closure Area and to temporarily retain                  National Marine Fisheries Service.                     be eligible for an extension of the patent
                                                    undersized catch for measurement and                    [FR Doc. 2016–13728 Filed 6–9–16; 8:45 am]             term under 35 U.S.C. 156, and that the
                                                    data collection.                                                                                               patent should be extended for one year
                                                                                                            BILLING CODE 3510–22–P
                                                       The project, titled ‘‘Utilization of                                                                        as required by 35 U.S.C. 156(d)(5)(B).
                                                    Electric Rod and Reel to Target Pollock
                                                                                                                                                                   Because the regulatory review period
                                                    in WGOM Closed Area,’’ is privately                     DEPARTMENT OF COMMERCE                                 will continue beyond the original
                                                    funded by a commercial fisherman as a
                                                                                                                                                                   expiration date of the patent, June 15,
                                                    pilot study to test the economic viability              United States Patent and Trademark
                                                    of using electric rod and reel gear to                                                                         2016, interim extension of the patent
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Office                                                 term under 35 U.S.C. 156(d)(5) is
                                                    target pollock while avoiding non-target
                                                    catch. The study would take place in the                [Docket No.: PTO–P–2016–00014]                         appropriate.
                                                    Western GOM Closure Area, from June                                                                              An interim extension under 35 U.S.C.
                                                                                                            Grant of Interim Extension of the Term
                                                    through August 2016, with one vessel                                                                           156(d)(5) of the term of U.S. Patent No.
                                                                                                            of U.S. Patent No. 5,912,231; LOCILEX®
                                                    planning to fish up to 5 days per month.                                                                       5,912,231 is granted for a period of one
                                                                                                            (pexiganan)
                                                    The exemptions are necessary because                                                                           year from the original expiration date of
                                                    groundfish vessels on commercial                        AGENCY:United States Patent and                        the patent.
                                                    groundfish trips are prohibited from                    Trademark Office, Commerce.


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Document Created: 2018-02-08 07:35:52
Document Modified: 2018-02-08 07:35:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesComments must be received on or before June 27, 2016.
ContactElizabeth Scheimer, Fisheries Management Specialist, 978-281-9236, [email protected]
FR Citation81 FR 37578 
RIN Number0648-XE61

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