82_FR_18043 82 FR 17972 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

82 FR 17972 - 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 82, Issue 71 (April 14, 2017)

Page Range17972-17973
FR Document2017-07581

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit (EFP) application submitted by The Nature Conservancy (TNC) contains all of the required information and warrants further consideration. This EFP would allow participants to use electronic monitoring systems in lieu of at-sea monitors in support of a study to develop electronic monitoring for the purposes of catch monitoring in the groundfish fishery. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 17972-17973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07581]



[[Page 17972]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF348


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 (EFP) application 
submitted by The Nature Conservancy (TNC) contains all of the required 
information and warrants further consideration. This EFP would allow 
participants to use electronic monitoring systems in lieu of at-sea 
monitors in support of a study to develop electronic monitoring for the 
purposes of catch monitoring in the groundfish fishery. Regulations 
under the Magnuson-Stevens Fishery Conservation and Management Act 
require publication of this notification to provide interested parties 
the opportunity to comment on applications for proposed EFPs.

DATES: Comments must be received on or before May 1, 2017.

ADDRESSES: You may submit written comments by either of the following 
methods:
     Email: [email protected]. Include in the subject line 
``TNC EM EFP RENEWAL.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``TNC EM EFP 
RENEWAL.''

FOR FURTHER INFORMATION CONTACT: Brett Alger, Groundfish Policy 
Analyst, 978-675-2153.

SUPPLEMENTARY INFORMATION: In 2010, NMFS implemented Amendment 16 to 
the Northeast (NE) Multispecies Fishery Management Plan (FMP), which 
revised and expanded the sector management system and established 
annual catch limits and accountability measures for each stock in the 
fishery. In order to reliably estimate sector catch and monitor sector 
operations, Amendment 16 included new requirements for groundfish 
sectors to implement and fund an at-sea monitoring (ASM) program. 
Amendment 16 also included a provision that allows electronic 
monitoring (EM) to be used to satisfy this monitoring requirement, 
provided NMFS deems the technology sufficient for the purposes of catch 
accounting. EM incorporates video cameras, gear sensors, and electronic 
reporting systems into a vessel's fishing operations. Depending on the 
program design, EM has the potential to reduce the expenses associated 
with monitoring groundfish sectors, and, at the same time, increase 
accountability and monitoring in the fishery.
    For the groundfish fishery, the program designs currently being 
considered are the ``audit model'' and the ``maximized retention 
model.'' The audit model would use EM to verify discards reported by a 
captain on a vessel trip report. Under the maximized retention model, 
vessels would be required to retain most fish species (e.g., allocated 
groundfish stocks), but be required to discard other species, such as 
those managed by trip limits (e.g., dogfish) or protected species 
(e.g., Atlantic salmon), and EM would be used to ensure compliance with 
discarding regulations. NMFS has not yet approved EM as a suitable 
alternative to ASM for the groundfish fishery; and there are a number 
of issues that must be resolved before EM could be implemented. To 
address these implementation issues, NMFS has been collaborating with 
TNC, the Gulf of Maine Research Institute, the Maine Coast Fishermen's 
Association, the Cape Cod Commercial Fishermen's Alliance, and Ecotrust 
Canada to implement an EM program that utilizes the audit model.
    In May 2016, NMFS issued EFPs to vessels from the Georges Bank Cod 
Fixed Gear Sector, the Maine Coast Community Sector, the Sustainable 
Harvest Sector, and Northeast Fishery Sectors 5 and 11, which allowed 
them to use EM in lieu of ASMs on trips selected for ASM coverage. 
Under the EFP, 100 percent of the video from these trips was reviewed 
and used to identify and enumerate discards of groundfish species, we 
did not use discarded catch reported on the vessel trip report (VTR). 
With one month remaining in the 2016 fishing year, there have been 
approximately 20 successful EM trips, defined generally as having 
adequate video quality and ability to review catch handling; there were 
a few trips that were not usable. We had projected far more EM trips, 
but there was generally less fishing effort given low catch limits, and 
with an ASM coverage level of 14 percent, vessels were not selected 
very often to use EM. As a result, the 2016 EFP did not result in an 
appreciable amount of data collected to support EM development. 
However, vessels generally operated according to protocol, EM data was 
recorded and processed, and improvements to the program.
    TNC has requested to renew the EFP for the 2017 fishing year to 
continue efforts to improve the functionality of EM, refine fish 
handling protocols, and support future implementation of the audit 
model. The 2017 EFP would be identical to the EFP issued for the 2016 
fishing year, and would exempt participating vessels from adhering to 
their sector's monitoring plan, which requires the deployment of ASMs 
on sector trips selected for ASM coverage. While participating in the 
EM study, vessels would use EM to replace ASMs when selected for ASM 
coverage. EM would not replace Northeast Fishery Observer Program 
(NEFOP) observers. Under the EFP, vessels would declare sector trips in 
the Pre-Trip Notification System; however, if selected for ASM 
coverage, the vessel would be issued an ASM waiver and instead be 
required to turn on the EM system for the entire fishing trip. If 
selected for NEFOP coverage, the vessel would fish with a NEFOP 
observer and would also turn on the EM system for the entire trip. A 
third-party provider would review 100 percent of the video from each EM 
trip, and NMFS would audit the provider(s) to verify the accuracy of 
the EM data collected. For sector monitoring, NMFS uses a combination 
of the discard data collected from NEFOP observers and ASMs to estimate 
discards. For vessels participating in this EFP, NMFS would use the EM 
data collected in place of the ASM data. All other catch monitoring 
under the EFP would be consistent with standard sector monitoring, such 
as using dealer-reported landings and vessel trip reports.
    Participation in this EFP would be heavily dependent on a separate 
EFP request that we have received, that would require vessels to run EM 
on every trip (i.e., 100 percent monitoring). If approved, we would 
issue EFPs for the new request no later than July 1, 2017. Therefore, 
it is difficult to project trip counts and catch estimates for this EFP 
renewal, knowing that many of the participants could shift to the 
subsequent EFP. Assuming limited participation under this EFP from July 
2017 through the end of the 2017 fishing year, and a 16-percent ASM 
coverage level in 2017, we do not many EM trips under this EFP.
    All catch of groundfish stocks allocated to sectors by vessels 
would be deducted from the sector's annual catch

[[Page 17973]]

entitlement for each groundfish stock. Legal-sized regulated groundfish 
would be retained and landed, as required by the FMP. Undersized 
groundfish would be handled according to the EM project guidelines in 
view of cameras and returned to the sea as quickly as possible. All 
other species would be handled per normal commercial fishing 
operations. No legal-size regulated groundfish would be discarded, 
unless otherwise permitted through regulatory exemptions granted to the 
participating vessel's sector.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.

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

    Dated: April 11, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-07581 Filed 4-13-17; 8:45 am]
BILLING CODE 3510-22-P



                                                17972                            Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                DEPARTMENT OF COMMERCE                                  program. Amendment 16 also included                   EFP did not result in an appreciable
                                                                                                        a provision that allows electronic                    amount of data collected to support EM
                                                National Oceanic and Atmospheric                        monitoring (EM) to be used to satisfy                 development. However, vessels
                                                Administration                                          this monitoring requirement, provided                 generally operated according to
                                                RIN 0648–XF348                                          NMFS deems the technology sufficient                  protocol, EM data was recorded and
                                                                                                        for the purposes of catch accounting.                 processed, and improvements to the
                                                Magnuson-Stevens Act Provisions;                        EM incorporates video cameras, gear                   program.
                                                General Provisions for Domestic                         sensors, and electronic reporting                        TNC has requested to renew the EFP
                                                Fisheries; Application for Exempted                     systems into a vessel’s fishing                       for the 2017 fishing year to continue
                                                Fishing Permits                                         operations. Depending on the program                  efforts to improve the functionality of
                                                                                                        design, EM has the potential to reduce                EM, refine fish handling protocols, and
                                                AGENCY:  National Marine Fisheries                      the expenses associated with monitoring               support future implementation of the
                                                Service (NMFS), National Oceanic and                    groundfish sectors, and, at the same                  audit model. The 2017 EFP would be
                                                Atmospheric Administration (NOAA),                      time, increase accountability and                     identical to the EFP issued for the 2016
                                                Commerce.                                               monitoring in the fishery.                            fishing year, and would exempt
                                                ACTION: Notice; request for comments.                      For the groundfish fishery, the                    participating vessels from adhering to
                                                                                                        program designs currently being                       their sector’s monitoring plan, which
                                                SUMMARY:   The Assistant Regional                       considered are the ‘‘audit model’’ and                requires the deployment of ASMs on
                                                Administrator for Sustainable Fisheries,                the ‘‘maximized retention model.’’ The                sector trips selected for ASM coverage.
                                                Greater Atlantic Region, NMFS, has                      audit model would use EM to verify                    While participating in the EM study,
                                                made a preliminary determination that                   discards reported by a captain on a                   vessels would use EM to replace ASMs
                                                an Exempted Fishing Permit (EFP)                        vessel trip report. Under the maximized               when selected for ASM coverage. EM
                                                application submitted by The Nature                     retention model, vessels would be                     would not replace Northeast Fishery
                                                Conservancy (TNC) contains all of the                   required to retain most fish species (e.g.,           Observer Program (NEFOP) observers.
                                                required information and warrants                       allocated groundfish stocks), but be                  Under the EFP, vessels would declare
                                                further consideration. This EFP would                   required to discard other species, such               sector trips in the Pre-Trip Notification
                                                allow participants to use electronic                    as those managed by trip limits (e.g.,                System; however, if selected for ASM
                                                monitoring systems in lieu of at-sea                    dogfish) or protected species (e.g.,                  coverage, the vessel would be issued an
                                                monitors in support of a study to                       Atlantic salmon), and EM would be                     ASM waiver and instead be required to
                                                develop electronic monitoring for the                   used to ensure compliance with                        turn on the EM system for the entire
                                                purposes of catch monitoring in the                     discarding regulations. NMFS has not                  fishing trip. If selected for NEFOP
                                                groundfish fishery. Regulations under                   yet approved EM as a suitable                         coverage, the vessel would fish with a
                                                the Magnuson-Stevens Fishery                            alternative to ASM for the groundfish                 NEFOP observer and would also turn on
                                                Conservation and Management Act                         fishery; and there are a number of issues             the EM system for the entire trip. A
                                                require publication of this notification                that must be resolved before EM could                 third-party provider would review 100
                                                to provide interested parties the                       be implemented. To address these                      percent of the video from each EM trip,
                                                opportunity to comment on applications                  implementation issues, NMFS has been                  and NMFS would audit the provider(s)
                                                for proposed EFPs.                                      collaborating with TNC, the Gulf of                   to verify the accuracy of the EM data
                                                DATES: Comments must be received on                     Maine Research Institute, the Maine                   collected. For sector monitoring, NMFS
                                                or before May 1, 2017.                                  Coast Fishermen’s Association, the Cape               uses a combination of the discard data
                                                ADDRESSES: You may submit written
                                                                                                        Cod Commercial Fishermen’s Alliance,                  collected from NEFOP observers and
                                                comments by either of the following                     and Ecotrust Canada to implement an                   ASMs to estimate discards. For vessels
                                                methods:                                                EM program that utilizes the audit                    participating in this EFP, NMFS would
                                                   • Email: nmfs.gar.efp@noaa.gov.                      model.                                                use the EM data collected in place of the
                                                                                                           In May 2016, NMFS issued EFPs to                   ASM data. All other catch monitoring
                                                Include in the subject line ‘‘TNC EM
                                                                                                        vessels from the Georges Bank Cod                     under the EFP would be consistent with
                                                EFP RENEWAL.’’
                                                                                                        Fixed Gear Sector, the Maine Coast                    standard sector monitoring, such as
                                                   • Mail: John K. Bullard, Regional
                                                                                                        Community Sector, the Sustainable                     using dealer-reported landings and
                                                Administrator, NMFS, Greater Atlantic
                                                                                                        Harvest Sector, and Northeast Fishery                 vessel trip reports.
                                                Regional Fisheries Office, 55 Great
                                                                                                        Sectors 5 and 11, which allowed them                     Participation in this EFP would be
                                                Republic Drive, Gloucester, MA 01930.
                                                                                                        to use EM in lieu of ASMs on trips                    heavily dependent on a separate EFP
                                                Mark the outside of the envelope ‘‘TNC
                                                                                                        selected for ASM coverage. Under the                  request that we have received, that
                                                EM EFP RENEWAL.’’
                                                                                                        EFP, 100 percent of the video from these              would require vessels to run EM on
                                                FOR FURTHER INFORMATION CONTACT:                        trips was reviewed and used to identify               every trip (i.e., 100 percent monitoring).
                                                Brett Alger, Groundfish Policy Analyst,                 and enumerate discards of groundfish                  If approved, we would issue EFPs for
                                                978–675–2153.                                           species, we did not use discarded catch               the new request no later than July 1,
                                                SUPPLEMENTARY INFORMATION: In 2010,                     reported on the vessel trip report (VTR).             2017. Therefore, it is difficult to project
                                                NMFS implemented Amendment 16 to                        With one month remaining in the 2016                  trip counts and catch estimates for this
                                                the Northeast (NE) Multispecies Fishery                 fishing year, there have been                         EFP renewal, knowing that many of the
                                                Management Plan (FMP), which revised                    approximately 20 successful EM trips,                 participants could shift to the
                                                and expanded the sector management                      defined generally as having adequate                  subsequent EFP. Assuming limited
                                                system and established annual catch
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                                                                                                        video quality and ability to review catch             participation under this EFP from July
                                                limits and accountability measures for                  handling; there were a few trips that                 2017 through the end of the 2017 fishing
                                                each stock in the fishery. In order to                  were not usable. We had projected far                 year, and a 16-percent ASM coverage
                                                reliably estimate sector catch and                      more EM trips, but there was generally                level in 2017, we do not many EM trips
                                                monitor sector operations, Amendment                    less fishing effort given low catch limits,           under this EFP.
                                                16 included new requirements for                        and with an ASM coverage level of 14                     All catch of groundfish stocks
                                                groundfish sectors to implement and                     percent, vessels were not selected very               allocated to sectors by vessels would be
                                                fund an at-sea monitoring (ASM)                         often to use EM. As a result, the 2016                deducted from the sector’s annual catch


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                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                           17973

                                                entitlement for each groundfish stock.                  (address below). To attend the webinar,               SUMMARY:    Notice is hereby given that
                                                Legal-sized regulated groundfish would                  visit: http://www.gotomeeting.com/                    the Stewardship Division, Office for
                                                be retained and landed, as required by                  online/webinar/join-webinar. Enter the                Coastal Management, National Ocean
                                                the FMP. Undersized groundfish would                    Webinar ID, which is 344–427–787, and                 Service, National Oceanic and
                                                be handled according to the EM project                  your name and email address (required).               Atmospheric Administration (NOAA),
                                                guidelines in view of cameras and                       After logging into the webinar, dial this             U.S. Department of Commerce approves
                                                returned to the sea as quickly as                       TOLL number 1+ (562) 247–8422 (not a                  the Revised Management Plan for the
                                                possible. All other species would be                    toll-free number), then enter the                     Weeks Bay National Estuarine Research
                                                handled per normal commercial fishing                   Attendee phone audio access code: 235–                Reserve (NERR) located in Alabama.
                                                operations. No legal-size regulated                     460–983, then enter your audio phone                  Refer to SUPPLEMENTARY INFORMATION for
                                                groundfish would be discarded, unless                   pin (shown after joining the webinar).                additional information.
                                                otherwise permitted through regulatory                  NOTE: We have disabled Mic/Speakers                   FOR FURTHER INFORMATION CONTACT:
                                                exemptions granted to the participating                 on GoToMeeting as an option and                       Matthew Chasse, Stewardship Division,
                                                vessel’s sector.                                        require all participants to use a                     Office for Coastal Management at 240–
                                                   If approved, the applicant may                       telephone or cell phone to participate.               533–0808 or via email at matt.chasse@
                                                request minor modifications and                         You may send an email to Mr. Kris                     noaa.gov.
                                                extensions to the EFP throughout the                    Kleinschmidt at kris.kleinschmidt@                    SUPPLEMENTARY INFORMATION: The
                                                year. EFP modifications and extensions                  noaa.gov or contact him at (503) 820–                 National Estuarine Research Reserve
                                                may be granted without further notice if                2280, extension 411 for technical                     System (NERRS) is a federal-state
                                                they are deemed essential to facilitate                 assistance.                                           partnership administered by NOAA.
                                                completion of the proposed research                        Council address: Pacific Fishery                   The system protects more than 1.3
                                                and have minimal impacts that do not                    Management Council, 7700 NE                           million acres of estuarine habitat for
                                                change the scope or impact of the                       Ambassador Place, Suite 101, Portland,                long-term research, monitoring,
                                                initially approved EFP request. Any                     OR 97220.                                             education and stewardship throughout
                                                fishing activity conducted outside the                  FOR FURTHER INFORMATION CONTACT:                      the coastal United States. Established by
                                                scope of the exempted fishing activity                  Kerry Griffin, Pacific Council;                       the Coastal Zone Management Act of
                                                would be prohibited.                                    telephone: (503) 820–2409.                            1972, as amended, each reserve is
                                                   Authority: 16 U.S.C. 1801 et seq.                    SUPPLEMENTARY INFORMATION: The                        managed by a lead state agency or
                                                  Dated: April 11, 2017.                                purpose of the meeting is to conduct a                university, with input from local
                                                Karen H. Abrams,                                        technical review of the 2017 biomass                  partners. NOAA provides funding and
                                                Acting Deputy Director, Office of Sustainable
                                                                                                        projection estimate for Pacific mackerel.             national programmatic guidance.
                                                Fisheries, National Marine Fisheries Service.           At its June 2017 meeting, the Pacific                    The revised management plan
                                                [FR Doc. 2017–07581 Filed 4–13–17; 8:45 am]
                                                                                                        Council will use the biomass estimate                 outlines the administrative structure;
                                                                                                        for use in setting harvest specifications             the research/monitoring, stewardship,
                                                BILLING CODE 3510–22–P
                                                                                                        and management measures for two                       education, and training programs of the
                                                                                                        consecutive fishing years, July 1, 2017               reserve; and the plans for future land
                                                DEPARTMENT OF COMMERCE                                  through June 30, 2019.                                acquisition and facility development to
                                                                                                        Special Accommodations                                support reserve operations.
                                                National Oceanic and Atmospheric                                                                                 The Weeks Bay Reserve takes an
                                                Administration                                            This meeting is physically accessible               integrated approach to management,
                                                                                                        to people with disabilities. Requests for             linking research, education, coastal
                                                RIN 0648–XF360                                          sign language interpretation or other                 training, and stewardship functions.
                                                                                                        auxiliary aids should be directed to Mr.              The Alabama Department of
                                                Pacific Fishery Management Council;
                                                                                                        Kris Kleinschmidt (503) 820–2280 at                   Conservation and Natural Resources has
                                                Public Meeting
                                                                                                        least 10 days prior to the meeting date.              outlined how it will administer the
                                                AGENCY:  National Marine Fisheries                        Dated: April 11, 2017.                              Reserve and its core programs by
                                                Service (NMFS), National Oceanic and                    Tracey L. Thompson,                                   providing detailed actions that will
                                                Atmospheric Administration (NOAA),                                                                            enable it to accomplish specific goals
                                                                                                        Acting Deputy Director, Office of Sustainable
                                                Commerce.                                               Fisheries, National Marine Fisheries Service.         and objectives. Under the previous
                                                ACTION: Notice of public meeting                        [FR Doc. 2017–07584 Filed 4–13–17; 8:45 am]           management plan, the Reserve built out
                                                (webinar).                                                                                                    its core programs and monitoring
                                                                                                        BILLING CODE 3510–22–P
                                                                                                                                                              infrastructure; constructed several
                                                SUMMARY:    The Pacific Fishery
                                                                                                                                                              facilities including a Resource Center
                                                Management Council’s (Pacific Council)
                                                                                                        DEPARTMENT OF COMMERCE                                that supports education, training, and
                                                Coastal Pelagic Species (CPS)
                                                                                                                                                              outreach events; participated in more
                                                Subcommittee of the Scientific and
                                                                                                        National Oceanic and Atmospheric                      than 35 research projects and conducted
                                                Statistical Committee (SSC) will hold a
                                                                                                        Administration                                        over 100 coastal training program
                                                meeting via webinar to review the 2017
                                                                                                                                                              events; convened a permanent
                                                Pacific mackerel biomass projection                     Notice of Approval for the Weeks Bay,                 Restoration Advisory Board; and built
                                                estimate. The meeting is open to the                    Alabama National Estuarine Research                   new partnerships with organizations
                                                public.                                                 Reserve Management Plan Revision
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                                                                                                                                                              within the Mobile Bay of Alabama.
                                                DATES: The webinar meeting will be                                                                               With the approval of this management
                                                                                                        AGENCY:  Stewardship Division, Office
                                                held Monday, May 1, 2017, from 1 p.m.                                                                         plan, the Weeks Bay Reserve will
                                                                                                        for Coastal Management, National
                                                to 5 p.m., or until business for the day                                                                      increase their total acreage from 6,594
                                                                                                        Ocean Service, National Oceanic and
                                                has been completed.                                                                                           acres to 9,317 acres. The change is
                                                                                                        Atmospheric Administration,
                                                ADDRESSES: The meeting will be held                     Department of Commerce.                               attributable to acquisition of seven tracts
                                                via webinar. A public listening station                                                                       acquired by the State of Alabama
                                                                                                        ACTION: Public notice.
                                                is available at the Pacific Council office                                                                    totaling 933 acres of land and 1,790


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Document Created: 2017-04-14 00:56:30
Document Modified: 2017-04-14 00:56:30
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 May 1, 2017.
ContactBrett Alger, Groundfish Policy Analyst, 978-675-2153.
FR Citation82 FR 17972 
RIN Number0648-XF34

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