81 FR 71484 - Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 200 (October 17, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 200 (October 17, 2016)
| Page Range | 71484-71485 | |
| FR Document | 2016-24973 |
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)] [Notices] [Pages 71484-71485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24973] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE961 Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The Regional Administrator, NMFS West Coast Region, has determined that an application for an exempted fishing permit (EFP) warrants further consideration and requests public comment on the application. The application requests 2-year exemptions from various prohibitions under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) to test the effects and efficacy of using deep-set buoy gear (DSBG) to fish for swordfish and other highly migratory species (HMS) off the U.S. West Coast. This notice also announces NMFS' intent to extend two current DSBG EFPs through 2018 and also requests public comment on these EFPs. DATES: Comments must be submitted in writing by November 16, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2016-0133, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0133, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. EFP applications will be available under Relevant Documents through the same link. Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2016-0133'' in the comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast Region, 562-980-4198. SUPPLEMENTARY INFORMATION: In August 2015 NMFS issued three EFPs for fishing vessels to use DSBG in the exclusive economic zone (EEZ) off the U.S. West Coast (DSBG is described as multiple hooks deployed relatively deep in the water column, using one or more weighted mainlines which are suspended with one or more buoys floating on the ocean surface) (80 FR 29662, May 22, 2015). DSBG fishing under two of these EFPs has been ongoing in 2015-2016, and the Pacific Fishery Management Council (Council) recommended these both be extended through the 2017-2018 fishing season (http://www.pcouncil.org/wp-content/uploads/2016/03/0316decisions.pdf). In addition to the request for the two extensions, a new DSBG EFP application was submitted to the Council by Dave Stephens for two additional vessels to conduct DSBG fishing activities (herein referred to as the ``Stephens EFP'') (http://www.pcouncil.org/wp-content/uploads/2016/07/0616decisions.pdf). At its September 2016 meeting, the Council [[Page 71485]] recommended that NMFS issue the Stephens EFP (http://www.pcouncil.org/wp-content/uploads/2016/09/0916decisions.pdf). If the two extensions and the Stephens EFP are approved, they would exempt a limited number of federally permitted commercial fishing vessels from requirements of the HMS FMP pertaining to non-authorized gear types. The EFPs would authorize up to 13 DSBG vessels to fish year-round in areas within the EEZ off the U.S. West Coast. Aside from the exemption described above, vessels fishing under an EFP would be subject to all other regulations implementing the HMS FMP, including measures to protect sea turtles, marine mammals, and seabirds. The three applicants requested EFP issuance for two fishing seasons or the 2017 and 2018 calendar years. The Council suggested NMFS impose requirements on the Stephens EFP consistent with one of the existing EFPs, including, but not limited to: (1) 30 percent observer coverage on each vessel's fishing trips; (2) fishing only in federal waters; and (3) the operator of the fishing vessel operating under a DSBG EFP must actively tend all gear at all times and maintain the gear within sight (typically within 2-4 nautical miles of the gear) of the EFP participant fishing vessel. NMFS is seeking public comment on the extension of the two existing EFPs, as well as the Stephens EFP application and the Council's recommended conditions. In accordance with NOAA Administrative Order 216-6, appropriate National Environmental Policy Act documents will be completed prior to the issuance of the EFPs. Additionally, NMFS will consider all applicable laws, including Section 7(a)(2) of the Endangered Species Act (16 U.S.C. 1531 et seq.), to determine if the proposed action is likely to jeopardize the continued existence and recovery of any endangered or threatened species or result in the destruction or adverse modification of critical habitat. Authority: 16 U.S.C. 1801 et seq. Dated: October 11, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-24973 Filed 10-14-16; 8:45 am] BILLING CODE 3510-22-P
![71484 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices
Comment 2: Errors in Calculation of aquaculture resilience benefits; regional ADDRESSES: You may submit comments
Constructed Value Selling Expense and vulnerability analyses; ecosystem based on this document, identified by NOAA–
Profit Ratios fisheries management; transition; NMFS–2016–0133, by any of the
Comment 3: Appropriate Universe of Sales Protected Resources program review following methods:
Comment 4: Consideration of an
Alternative Comparison Method
and climate change guidance; climate • Electronic Submission: Submit all
Comment 5: Differential Pricing Analysis science and regional action plans; electronic public comments via the
Recommendation recreational fisheries activities and Federal e-Rulemaking Portal. Go to
[FR Doc. 2016–25057 Filed 10–14–16; 8:45 am]
socioeconomic science; and the budget www.regulations.gov/
outlook for FY2017–2018. MAFAC will #!docketDetail;D=NOAA-NMFS-2016-
BILLING CODE 3510–DS–P
discuss various administrative and 0133, click the ‘‘Comment Now!’’ icon,
organizational matters, and meetings of complete the required fields, and enter
DEPARTMENT OF COMMERCE standing subcommittees and working or attach your comments. EFP
groups will be convened. applications will be available under
National Oceanic and Atmospheric Relevant Documents through the same
Special Accommodations
Administration link.
The meeting is physically accessible • Mail: Attn: Chris Fanning, NMFS
RIN 0648–XE965 to people with disabilities. Requests for West Coast Region, 501 W. Ocean Blvd.,
sign language interpretation or other Suite 4200, Long Beach, CA 90802.
Marine Fisheries Advisory Committee
auxiliary aids should be directed to Include the identifier ‘‘NOAA–NMFS–
Meeting
Heidi Lovett; 301–427–8034 by October 2016–0133’’ in the comments.
AGENCY: National Marine Fisheries 21, 2016. Instructions: Comments sent by any
Service (NMFS), National Oceanic and Dated: October 11, 2016. other method, to any other address or
Atmospheric Administration (NOAA), Jennifer Lukens,
individual, or received after the end of
Commerce. the comment period, may not be
Director for the Office of Policy, National
ACTION: Notice of open public meeting. Marine Fisheries Service.
considered by NMFS. All comments
received are a part of the public record
SUMMARY: This notice sets forth the [FR Doc. 2016–24972 Filed 10–14–16; 8:45 am]
and will generally be posted for public
proposed schedule and agenda of a BILLING CODE 3510–22–P
viewing on www.regulations.gov
forthcoming meeting of the Marine without change. All personal identifying
Fisheries Advisory Committee information (e.g., name, address, etc.),
(MAFAC). The members will discuss DEPARTMENT OF COMMERCE
confidential business information, or
and provide advice on issues outlined National Oceanic and Atmospheric otherwise sensitive information
under SUPPLEMENTARY INFORMATION Administration submitted voluntarily by the sender will
below. be publicly accessible. NMFS will
DATES: The meeting will be held RIN 0648–XE961 accept anonymous comments (enter ‘‘N/
November 1–3, 2016, from 9:00 a.m. to A’’ in the required fields if you wish to
Magnuson-Stevens Fishery remain anonymous).
5 p.m.
Conservation and Management Act;
ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT:
General Provisions for Domestic
the Sheraton Silver Spring Hotel, 8777 Fisheries; Application for Exempted Chris Fanning, NMFS, West Coast
Georgia Ave, Silver Spring, MD 20910; Fishing Permit Region, 562–980–4198.
301–589–0800. SUPPLEMENTARY INFORMATION: In August
FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries 2015 NMFS issued three EFPs for
Jennifer Lukens, MAFAC Executive Service (NMFS), National Oceanic and fishing vessels to use DSBG in the
Director; (301) 427–8004; email: Atmospheric Administration (NOAA), exclusive economic zone (EEZ) off the
Jennifer.Lukens@noaa.gov. Commerce. U.S. West Coast (DSBG is described as
SUPPLEMENTARY INFORMATION: As ACTION: Notice; request for comments. multiple hooks deployed relatively deep
required by section 10(a)(2) of the in the water column, using one or more
Federal Advisory Committee Act, 5 SUMMARY: The Regional Administrator, weighted mainlines which are
U.S.C. App. 2, notice is hereby given of NMFS West Coast Region, has suspended with one or more buoys
a meeting of MAFAC. The MAFAC was determined that an application for an floating on the ocean surface) (80 FR
established by the Secretary of exempted fishing permit (EFP) warrants 29662, May 22, 2015). DSBG fishing
Commerce (Secretary), and, since 1971, further consideration and requests under two of these EFPs has been
advises the Secretary on all living public comment on the application. The ongoing in 2015–2016, and the Pacific
marine resource matters that are the application requests 2-year exemptions Fishery Management Council (Council)
responsibility of the Department of from various prohibitions under the recommended these both be extended
Commerce. The complete charter and Fishery Management Plan for U.S. West through the 2017–2018 fishing season
summaries of prior meetings are located Coast Fisheries for Highly Migratory (http://www.pcouncil.org/wp-content/
online at http://www.nmfs.noaa.gov/ Species (HMS FMP) to test the effects uploads/2016/03/0316decisions.pdf).
ocs/mafac/. and efficacy of using deep-set buoy gear In addition to the request for the two
(DSBG) to fish for swordfish and other extensions, a new DSBG EFP
Matters To Be Considered highly migratory species (HMS) off the application was submitted to the
jstallworth on DSK7TPTVN1PROD with NOTICES
This meeting time and agenda are U.S. West Coast. This notice also Council by Dave Stephens for two
subject to change. announces NMFS’ intent to extend two additional vessels to conduct DSBG
The meeting is convened to hear current DSBG EFPs through 2018 and fishing activities (herein referred to as
presentations and updates and to also requests public comment on these the ‘‘Stephens EFP’’) (http://
discuss policies and guidance on the EFPs. www.pcouncil.org/wp-content/uploads/
following topics: proposed Columbia DATES: Comments must be submitted in 2016/07/0616decisions.pdf). At its
Basin Partnership Task Force; writing by November 16, 2016. September 2016 meeting, the Council
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![Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices 71485
recommended that NMFS issue the DEPARTMENT OF COMMERCE attention of Elizabeth Shaw, by
Stephens EFP (http://www.pcouncil.org/ telephone at 571–272–9300, or by email
wp-content/uploads/2016/09/ Patent and Trademark Office at elizabeth.shaw2@uspto.gov. Requests
0916decisions.pdf). [Docket No.: PTO–P–2016–0041] for additional information regarding the
topics for written comments and
If the two extensions and the
Notice of Roundtables and Request for discussion at Roundtable 1 should be
Stephens EFP are approved, they would
Comments Related to Patent Subject directed to Carolyn Kosowski, by
exempt a limited number of federally telephone at 571–272–7688, or by email
permitted commercial fishing vessels Matter Eligibility
at carolyn.kosowski@uspto.gov.
from requirements of the HMS FMP AGENCY: United States Patent and Requests for additional information
pertaining to non-authorized gear types. Trademark Office, Department of regarding the topics for written
The EFPs would authorize up to 13 Commerce. comments and discussion at Roundtable
DSBG vessels to fish year-round in areas ACTION: Notice of public roundtables 2 should be directed to Amy Nelson, by
within the EEZ off the U.S. West Coast. and request for comments related to telephone at 571–272–8978, or by email
Aside from the exemption described patent subject matter eligibility. at amy.nelson@uspto.gov.
above, vessels fishing under an EFP SUPPLEMENTARY INFORMATION:
would be subject to all other regulations SUMMARY: The United States Patent and
Trademark Office (‘‘USPTO’’) seeks Roundtable 1: USPTO Subject Matter
implementing the HMS FMP, including
public input on patent subject matter Eligibility Guidelines
measures to protect sea turtles, marine
mammals, and seabirds. The three eligibility in view of recent decisions by Instructions and Information on
applicants requested EFP issuance for the Supreme Court and Court of Roundtable 1: Roundtable 1 will be held
two fishing seasons or the 2017 and Appeals for the Federal Circuit. The on November 14, 2016, at the United
USPTO remains interested in feedback States Patent and Trademark Office,
2018 calendar years.
from members of the public to improve Madison Building, Madison
The Council suggested NMFS impose the USPTO’s existing subject matter Auditorium, 600 Dulany Street,
requirements on the Stephens EFP eligibility guidance and training Alexandria, Virginia 22314. The
consistent with one of the existing EFPs, examples. The USPTO is also interested roundtable will begin at 1:00 p.m.,
including, but not limited to: in facilitating a discussion among Eastern Standard Time (‘‘EST’’) and end
(1) 30 percent observer coverage on members of the public regarding the at 5:00 p.m., EST. The roundtable will
each vessel’s fishing trips; legal contours of eligible subject matter also be available via webcast enabling
in the U.S. patent system. The USPTO individuals who cannot attend in
(2) fishing only in federal waters; and will be facilitating these discussions by person to watch the roundtable via the
(3) the operator of the fishing vessel hosting two roundtable events. The first Internet in real time. The agenda and
operating under a DSBG EFP must roundtable will be directed to receiving webcast information will be available
actively tend all gear at all times and feedback from members of the public to before the roundtable on the USPTO’s
maintain the gear within sight (typically improve the USPTO’s existing subject Roundtable 1 Web page www.uspto.gov/
within 2–4 nautical miles of the gear) of matter eligibility guidance and training patent/notice-roundtables-and-request-
the EFP participant fishing vessel. examples. The second roundtable will comments-related-patent-subject-
be focused on receiving feedback matter-eligibility. On-line registration
NMFS is seeking public comment on
regarding larger questions concerning will be available from that Web page,
the extension of the two existing EFPs, and attendees may register at the door.
the legal contours of eligible subject
as well as the Stephens EFP application Attendees are encouraged to register on-
matter in the U.S. patent system. The
and the Council’s recommended roundtables will provide a forum for line before the roundtable.
conditions. discussion of the topics identified in Written Comments: The USPTO
In accordance with NOAA this notice. continues to accept comments on its
Administrative Order 216–6, DATES: The meeting dates are:
subject matter eligibility guidance and
appropriate National Environmental 1. November 14, 2016, 1 p.m. to 5 training examples on an ongoing basis.
Policy Act documents will be completed p.m., Alexandria, VA. Those comments, as well as any written
prior to the issuance of the EFPs. Written comments will be accepted comments on the topics for discussion
Additionally, NMFS will consider all on an ongoing basis. in Roundtable 1, should be sent by
applicable laws, including Section 2. December 5, 2016, 8 a.m. to 5 p.m., electronic mail message via the Internet
7(a)(2) of the Endangered Species Act Stanford, CA. addressed to 2014_interim_guidance@
Written comments are due by January uspto.gov. Because comments will be
(16 U.S.C. 1531 et seq.), to determine if
18, 2017. made available for public inspection,
the proposed action is likely to
information that is not desired to be
jeopardize the continued existence and ADDRESSES: The meeting locations are:
made public, such as an address or
recovery of any endangered or 1. United States Patent and phone number, should not be included
threatened species or result in the Trademark Office, Madison Building, in the comments.
destruction or adverse modification of Madison Auditorium, 600 Dulany
critical habitat. Street, Alexandria, Virginia 22314. Roundtable 2: Exploring the Legal
2. Paul Brest Hall, 555 Salvatierra Contours of Patent Subject Matter
Authority: 16 U.S.C. 1801 et seq. Eligibility
Walk, Stanford University, Stanford,
jstallworth on DSK7TPTVN1PROD with NOTICES
Dated: October 11, 2016. California 94305. Instructions and Information on
Emily H. Menashes, Submit written comments to: 2014_ Roundtable 2: Roundtable 2 will be held
Acting Director, Office of Sustainable interim_guidance@uspto.gov. on December 5, 2016, at Paul Brest Hall,
Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: 555 Salvatierra Walk, Stanford
[FR Doc. 2016–24973 Filed 10–14–16; 8:45 am] Requests for additional information University, Stanford, California 94305.
BILLING CODE 3510–22–P regarding registration and speaker The roundtable will begin at 8:00 a.m.,
presentations should be directed to the Pacific Standard Time (‘‘PST’’) and end
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Document Created: 2016-10-15 01:52:24
Document Modified: 2016-10-15 01:52:24
| 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 submitted in writing by November 16, 2016. | |
| Contact | Chris Fanning, NMFS, West Coast Region, 562-980-4198. | |
| FR Citation | 81 FR 71484 | |
| RIN Number | 0648-XE96 |
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