81_FR_45594 81 FR 45459 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

81 FR 45459 - 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 135 (July 14, 2016)

Page Range45459-45460
FR Document2016-16675

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. The Exempted Fishing Permit would allow one commercial fishing vessel to fish outside of the summer flounder, scup, and black sea bass regulations in support of research conducted by the Cornell Cooperative Extension. These exemptions would enable research designed to quantify codend mesh selectivity for summer flounder, black sea bass, and scup. 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 135 (Thursday, July 14, 2016)
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45459-45460]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16675]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE691


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. The 
Exempted Fishing Permit would allow one commercial fishing vessel to 
fish outside of the summer flounder, scup, and black sea bass 
regulations in support of research conducted by the Cornell Cooperative 
Extension. These exemptions would enable research designed to quantify 
codend mesh selectivity for summer flounder, black sea bass, and scup.
    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 July 29, 2016.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``CCE FSB mesh selectivity 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 
CCE FSB mesh selectivity EFP.''
     Fax: (978) 281-9135.

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

SUPPLEMENTARY INFORMATION: Cornell Cooperative Extension (CCE) 
submitted a complete application for an Exempted Fishing Permit (EFP) 
on June 6, 2016. They are seeking regulatory exemptions to allow gear 
research to be conducted on a commercial vessel fishing for a project 
funded by the Mid-Atlantic Fishery Management Council's collaborative 
research initiative. The EFP would authorize exemptions from the 
minimum mesh size and net modification requirements found at 50 CFR 
648.108, 648.125, and 648.144. Any fishing activity conducted outside 
the scope of the exempted fishing activity would be prohibited, 
including landing fish in excess of a possession limit or below the 
minimum size.
    Experimental fishing activity would compare the composition, 
commercial yield, retention efficiency, discards, and size selectivity 
of five different codends in the summer flounder, scup, and black sea 
bass commercial bottom trawl fishery in the Mid-Atlantic. The current 
regulated mesh sizes are 5.5-inch (13.97-cm) diamond or 6-inch (15.24-
cm) square for summer flounder, 5-inch (12.7-cm) diamond for scup, and 
4.5-inch (11.43-cm) diamond for black sea bass. This project would test 
diamond mesh in 4.5-inch (11.43-cm), 5-inch (12.7-cm), 5.5-inch (13.97-
cm), 6-inch (15.24-cm), and 6-inch (15.24-cm) square mesh.
    The research would be conducted on a commercial fishing vessel 
using a trouser trawl that would allow an experimental codend and the 
control codend to be fished at the same time. The control codend would 
be a standard squid liner with 6-cm diamond mesh.
    The researchers would conduct the experiment across the wide range 
of strata and conditions representative of this fishery. Tow speeds, 
tow cable

[[Page 45460]]

scope, and tow cable length would be consistent across all tows. The 
researchers propose to conduct 20 tows per experimental codend, for a 
total of 100 tows. Up to 20 days of fishing would occur between August 
15 and December 31, 2016, south of Block Island and Long Island, in 
statistical areas 539, 613, 612, and 611. The researchers would not 
fish in the scup gear restricted areas or the Summer Flounder Fishery 
Sea Turtle Protection Area. Onboard catch processing would follow NMFS 
trawl survey standards. Total summer flounder, black sea bass, and scup 
would be weighed for each tow. Researchers will target a minimum of 200 
random length measurements of each species to be sampled for each tow, 
but if fewer individuals are caught then all would be measured. CCE's 
anticipated catch is shown in table 1.

                    Table 1--Total Estimated Catch for 100 Tows During Mesh Selectivity Study
----------------------------------------------------------------------------------------------------------------
              Species                                Legal                                Sub-legal
----------------------------------------------------------------------------------------------------------------
Summer Flounder....................  18,000 lb (8.1 mt)...................  9,000 lb (4.0 mt).
Black Sea Bass.....................  27,000 lb (12.2 mt)..................  13,500 lb (6.1 mt).
Scup...............................  50,000 (22.7 mt).....................  25,000 lb (11.3 mt).
Incidental Catch:
    Skates.........................  30,000 lb (13.6 mt)..................
    Dogfish spiny & smooth.........  30,000 lb (13.6 mt)..................
    Whiting (silver hake)..........  30,000 lb (13.6 mt)..................
    Ling (red hake)................  15,000 lb (6.8 mt)...................
    Squid (longfin)................  10,000 lb (4.5 mt)...................
----------------------------------------------------------------------------------------------------------------

    CCE would contract one commercial fishing vessel that is licensed 
for summer flounder, scup, and black sea bass in both New Jersey and 
New York. Fish would be landed and sold according to the appropriate 
state limits and be applied against the applicable annual catch limit. 
CCE would direct all experimental fishing activities that would occur 
under this EFP. This exemption may increase bycatch numbers beyond 
those that would normally occur within the fishery; however, the 
additional mortality will not exceed any catch limits and is therefore 
negligible. Bycatch will be returned to the water as quickly as 
possible to reduce mortality.
    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.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-16675 Filed 7-13-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                           45459

                                                    ex-vessel value of crab harvested under                  1.60 percent for the 2016/2017 crab                   applications for proposed Exempted
                                                    the Program. The Program provides that                   fishing year. This is an increase of 0.12             Fishing Permits.
                                                    a proportional share of fees charged for                 percent from the 2015/2016 fee                        DATES: Comments must be received on
                                                    management and enforcement be                            percentage of 1.48 percent (80 FR 42792,              or before July 29, 2016.
                                                    forwarded to the State of Alaska for its                 July 20, 2015). The change in the fee                 ADDRESSES: You may submit written
                                                    share of management and data                             percentage from 2015/2016 to 2016/                    comments by any of the following
                                                    collection costs for the Program. The                    2017 is due to an increase in Alaska                  methods:
                                                    cost recovery provision also requires the                Department of Fish and Game                              • Email: nmfs.gar.efp@noaa.gov.
                                                    harvesting and processing sectors to                     management costs. These additional                    Include in the subject line ‘‘CCE FSB
                                                    each pay half the cost recovery fees.                    costs were necessary to process,                      mesh selectivity EFP.’’
                                                    Catcher/processor quota shareholders                     analyze, and report fishery data for                     • Mail: John K. Bullard, Regional
                                                    are required to pay the full fee                         monitoring and management of the crab                 Administrator, NMFS, Greater Atlantic
                                                    percentage for crab processed at sea.                    fisheries in the Program. Additionally,               Regional Fisheries Office, 55 Great
                                                       A crab allocation holder generally                    the value of crab harvested under the                 Republic Drive, Gloucester, MA 01930.
                                                    incurs a cost recovery fee liability for                 Program decreased by $1.6 million. This               Mark the outside of the envelope
                                                    every pound of crab landed. The crab                     decrease in value of the fishery                      ‘‘Comments on CCE FSB mesh
                                                    allocations include Individual Fishing                   contributed to the increase in the fee                selectivity EFP.’’
                                                    Quota, Crew Individual Fishing Quota,                    percentage between 2015/2016 and                         • Fax: (978) 281–9135.
                                                    Individual Processing Quota,                             2016/2017.                                            FOR FURTHER INFORMATION CONTACT:
                                                    Community Development Quota, and
                                                                                                               Authority: 16 U.S.C. 1862; Pub. L. 109–             Elizabeth Scheimer, Fisheries
                                                    the Adak community allocation. The                       241; Pub. L. 109–479.                                 Management Specialist, 978–281–9236.
                                                    Registered Crab Receiver (RCR) permit
                                                    holder must collect the fee liability from                                                                     SUPPLEMENTARY INFORMATION: Cornell
                                                                                                               Dated: July 11, 2016.
                                                    the crab allocation holder who is                                                                              Cooperative Extension (CCE) submitted
                                                                                                             Emily H. Menashes,
                                                    landing crab. Additionally, the RCR                                                                            a complete application for an Exempted
                                                                                                             Acting Director, Office of Sustainable                Fishing Permit (EFP) on June 6, 2016.
                                                    permit holder must collect his or her                    Fisheries, National Marine Fisheries Service.
                                                    own fee liability for all crab delivered to                                                                    They are seeking regulatory exemptions
                                                                                                             [FR Doc. 2016–16655 Filed 7–13–16; 8:45 am]           to allow gear research to be conducted
                                                    the RCR. The RCR permit holder is
                                                                                                             BILLING CODE 3510–22–P                                on a commercial vessel fishing for a
                                                    responsible for submitting this payment
                                                    to NMFS on or before July 31, in the                                                                           project funded by the Mid-Atlantic
                                                    year following the crab fishing year in                                                                        Fishery Management Council’s
                                                                                                             DEPARTMENT OF COMMERCE                                collaborative research initiative. The
                                                    which landings of crab were made.
                                                       The dollar amount of the fee due is                   National Oceanic and Atmospheric                      EFP would authorize exemptions from
                                                    determined by multiplying the fee                        Administration                                        the minimum mesh size and net
                                                    percentage (not to exceed 3 percent) by                                                                        modification requirements found at 50
                                                    the ex-vessel value of crab debited from                 RIN 0648–XE691                                        CFR 648.108, 648.125, and 648.144. Any
                                                    the allocation. Specific details on the                                                                        fishing activity conducted outside the
                                                                                                             Magnuson-Stevens Act Provisions;                      scope of the exempted fishing activity
                                                    Program’s cost recovery provision may
                                                                                                             General Provisions for Domestic                       would be prohibited, including landing
                                                    be found in the implementing
                                                                                                             Fisheries; Application for Exempted                   fish in excess of a possession limit or
                                                    regulations at 50 CFR 680.44.
                                                                                                             Fishing Permits                                       below the minimum size.
                                                    Fee Percentage                                                                                                    Experimental fishing activity would
                                                                                                             AGENCY:  National Marine Fisheries
                                                       Each year, NMFS calculates and                        Service (NMFS), National Oceanic and                  compare the composition, commercial
                                                    publishes in the Federal Register the fee                Atmospheric Administration (NOAA),                    yield, retention efficiency, discards, and
                                                    percentage according to the factors and                  Commerce.                                             size selectivity of five different codends
                                                    methodology described in Federal                         ACTION: Notice; request for comments.                 in the summer flounder, scup, and black
                                                    regulations at § 680.44(c)(2). The                                                                             sea bass commercial bottom trawl
                                                    formula for determining the fee                          SUMMARY:   The Assistant Regional                     fishery in the Mid-Atlantic. The current
                                                    percentage is the ‘‘direct program costs’’               Administrator for Sustainable Fisheries,              regulated mesh sizes are 5.5-inch (13.97-
                                                    divided by ‘‘value of the fishery,’’ where               Greater Atlantic Region, NMFS, has                    cm) diamond or 6-inch (15.24-cm)
                                                    ‘‘direct program costs’’ are the direct                  made a preliminary determination that                 square for summer flounder, 5-inch
                                                    program costs for the Program for the                    an Exempted Fishing Permit application                (12.7-cm) diamond for scup, and 4.5-
                                                    previous fiscal year, and ‘‘value of the                 contains all of the required information              inch (11.43-cm) diamond for black sea
                                                    fishery’’ is the ex-vessel value of the                  and warrants further consideration. The               bass. This project would test diamond
                                                    catch subject to the crab cost recovery                  Exempted Fishing Permit would allow                   mesh in 4.5-inch (11.43-cm), 5-inch
                                                    fee liability for the current year. Fee                  one commercial fishing vessel to fish                 (12.7-cm), 5.5-inch (13.97-cm), 6-inch
                                                    collections for any given year may be                    outside of the summer flounder, scup,                 (15.24-cm), and 6-inch (15.24-cm)
                                                    less than, or greater than, the actual                   and black sea bass regulations in                     square mesh.
                                                    costs and fishery value for that year,                   support of research conducted by the                     The research would be conducted on
                                                    because, by regulation, the fee                          Cornell Cooperative Extension. These                  a commercial fishing vessel using a
                                                    percentage is established in the first                   exemptions would enable research                      trouser trawl that would allow an
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    quarter of a crab fishery year based on                  designed to quantify codend mesh                      experimental codend and the control
                                                    the fishery value and the costs of the                   selectivity for summer flounder, black                codend to be fished at the same time.
                                                    prior year.                                              sea bass, and scup.                                   The control codend would be a standard
                                                       Based upon the fee percentage                           Regulations under the Magnuson-                     squid liner with 6-cm diamond mesh.
                                                    formula described above, the estimated                   Stevens Fishery Conservation and                         The researchers would conduct the
                                                    percentage of costs to value for the                     Management Act require publication of                 experiment across the wide range of
                                                    2015/2016 fishery was 1.60 percent.                      this notification to provide interested               strata and conditions representative of
                                                    Therefore, the fee percentage will be                    parties the opportunity to comment on                 this fishery. Tow speeds, tow cable


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                                                    45460                                     Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

                                                    scope, and tow cable length would be                                        areas 539, 613, 612, and 611. The                                         tow. Researchers will target a minimum
                                                    consistent across all tows. The                                             researchers would not fish in the scup                                    of 200 random length measurements of
                                                    researchers propose to conduct 20 tows                                      gear restricted areas or the Summer                                       each species to be sampled for each tow,
                                                    per experimental codend, for a total of                                     Flounder Fishery Sea Turtle Protection                                    but if fewer individuals are caught then
                                                    100 tows. Up to 20 days of fishing                                          Area. Onboard catch processing would                                      all would be measured. CCE’s
                                                    would occur between August 15 and                                           follow NMFS trawl survey standards.                                       anticipated catch is shown in table 1.
                                                    December 31, 2016, south of Block                                           Total summer flounder, black sea bass,
                                                    Island and Long Island, in statistical                                      and scup would be weighed for each

                                                                                   TABLE 1—TOTAL ESTIMATED CATCH FOR 100 TOWS DURING MESH SELECTIVITY STUDY
                                                                                                                    Species                                                                                       Legal                     Sub-legal

                                                    Summer Flounder ...................................................................................................................             18,000 lb (8.1 mt) ..........   9,000 lb (4.0 mt).
                                                    Black Sea Bass ......................................................................................................................           27,000 lb (12.2 mt) ........    13,500 lb (6.1 mt).
                                                    Scup ........................................................................................................................................   50,000 (22.7 mt) ............   25,000 lb (11.3 mt).
                                                    Incidental Catch:
                                                         Skates ..............................................................................................................................      30,000   lb   (13.6 mt).
                                                         Dogfish spiny & smooth ..................................................................................................                  30,000   lb   (13.6 mt).
                                                         Whiting (silver hake) ........................................................................................................             30,000   lb   (13.6 mt).
                                                         Ling (red hake) ................................................................................................................           15,000   lb   (6.8 mt).
                                                         Squid (longfin) .................................................................................................................          10,000   lb   (4.5 mt).



                                                       CCE would contract one commercial                                        DEPARTMENT OF COMMERCE                                                    meetings.html for directions to the
                                                    fishing vessel that is licensed for                                                                                                                   meeting location.
                                                    summer flounder, scup, and black sea                                        National Oceanic and Atmospheric                                             Status: The meeting will be open to
                                                    bass in both New Jersey and New York.                                       Administration                                                            public participation with a 15-minute
                                                    Fish would be landed and sold                                                                                                                         public comment period on August 2
                                                                                                                                Science Advisory Board; Meetings                                          from 12:30–12:45 p.m. CDT (check Web
                                                    according to the appropriate state limits
                                                    and be applied against the applicable                                       AGENCY: Office of Oceanic and                                             site to confirm time). The SAB expects
                                                    annual catch limit. CCE would direct all                                    Atmospheric Research (OAR), National                                      that public statements presented at its
                                                    experimental fishing activities that                                        Oceanic and Atmospheric                                                   meetings will not be repetitive of
                                                    would occur under this EFP. This                                            Administration (NOAA), Department of                                      previously submitted verbal or written
                                                    exemption may increase bycatch                                              Commerce (DOC).                                                           statements. In general, each individual
                                                    numbers beyond those that would                                                                                                                       or group making a verbal presentation
                                                                                                                                ACTION:        Notice of open meeting.                                    will be limited to a total time of two (2)
                                                    normally occur within the fishery;
                                                    however, the additional mortality will                                                                                                                minutes. Individuals or groups planning
                                                                                                                                SUMMARY:   The Science Advisory Board                                     to make a verbal presentation should
                                                    not exceed any catch limits and is                                          (SAB) was established by a Decision                                       contact the SAB Acting Executive
                                                    therefore negligible. Bycatch will be                                       Memorandum dated September 25,                                            Director by July 26, 2016 to schedule
                                                    returned to the water as quickly as                                         1997, and is the only Federal Advisory                                    their presentation. Written comments
                                                    possible to reduce mortality.                                               Committee with responsibility to advise                                   should be received in the SAB
                                                       If approved, the applicant may                                           the Under Secretary of Commerce for                                       Executive Director’s Office by July 26,
                                                    request minor modifications and                                             Oceans and Atmosphere on strategies                                       2016, to provide sufficient time for SAB
                                                    extensions to the EFP throughout the                                        for research, education, and application                                  review. Written comments received by
                                                    year. EFP modifications and extensions                                      of science to operations and information                                  the SAB Executive Director after July 26,
                                                    may be granted without further notice if                                    services. SAB activities and advice                                       2016, will be distributed to the SAB, but
                                                    they are deemed essential to facilitate                                     provide necessary input to ensure that                                    may not be reviewed prior to the
                                                    completion of the proposed research                                         National Oceanic and Atmospheric                                          meeting date. Seating at the meeting
                                                    and have minimal impacts that do not                                        Administration (NOAA) science                                             will be available on a first-come, first-
                                                                                                                                programs are of the highest quality and                                   served basis.
                                                    change the scope or impact of the
                                                                                                                                provide optimal support to resource                                          Special Accommodations: These
                                                    initially approved EFP request.
                                                                                                                                management.                                                               meetings are physically accessible to
                                                       Authority: 16 U.S.C. 1801 et seq.                                          Time and Date: The meeting will be                                      people with disabilities. Requests for
                                                      Dated: July 11, 2016.                                                     held Tuesday August 2 from 9:15 a.m.                                      special accommodations may be
                                                    Emily H. Menashes,                                                          CDT to 5:30 p.m. CDT and on                                               directed no later than 12:00 p.m. on July
                                                    Acting Director, Office of Sustainable
                                                                                                                                Wednesday August 3 from 8:15 a.m.                                         26, 2016, to Dr. Cynthia Decker, SAB
                                                    Fisheries, National Marine Fisheries Service.                               CDT to 1:30 p.m. CDT. These times and                                     Executive Director, SSMC3, Room
                                                                                                                                the agenda topics described below are                                     11230, 1315 East-West Highway, Silver
                                                    [FR Doc. 2016–16675 Filed 7–13–16; 8:45 am]
                                                                                                                                subject to change. Please refer to the                                    Spring, MD 20910; Email:
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    BILLING CODE 3510–22–P
                                                                                                                                Web page http://www.sab.noaa.gov/                                         Cynthia.Decker@noaa.gov.
                                                                                                                                Meetings/meetings.html for the most up-                                      Matters To Be Considered: The
                                                                                                                                to-date meeting times and agenda.                                         meeting will include the following
                                                                                                                                  Place: The meeting will be held at the                                  topics: (1) Report on Arctic Research
                                                                                                                                Bryant Conference Center, 240 Paul W.                                     Review from the Ecosystem Sciences
                                                                                                                                Bryant Dr., Tuscaloosa, Alabama. Please                                   and Management Working Group; (2)
                                                                                                                                check the SAB Web site http://                                            Updates from the NOAA Administrator
                                                                                                                                www.sab.noaa.gov/Meetings/                                                and Chief Scientist; (3) NOAA Response


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Document Created: 2016-07-14 01:54:47
Document Modified: 2016-07-14 01:54:47
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 July 29, 2016.
ContactElizabeth Scheimer, Fisheries Management Specialist, 978-281-9236.
FR Citation81 FR 45459 
RIN Number0648-XE69

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