82 FR 20562 - 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 84 (May 3, 2017)

Page Range		20562-20563
FR Document		2017-08906

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that two Exempted Fishing Permit (EFP) applications contain all of the required information and warrant further consideration. These EFPs would allow commercial fishing vessels to land Atlantic halibut under the minimum size limit and in excess of the possession limit for studies by the University of Massachusetts, Dartmouth, School for Marine Science and Technology, and The Nature Conservancy. 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 84 (Wednesday, May 3, 2017)

[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Notices]
[Pages 20562-20563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08906]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF392


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 two Exempted Fishing Permit (EFP) applications 
contain all of the required information and warrant further 
consideration. These EFPs would allow commercial fishing vessels to 
land Atlantic halibut under the minimum size limit and in excess of the 
possession limit for studies by the University of Massachusetts, 
Dartmouth, School for Marine Science and Technology, and The Nature 
Conservancy.
    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 18, 2017.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on SMAST and TNC Atlantic halibut EFPs.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``SMAST and TNC Atlantic 
Halibut EFPs.''

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, 978-281-9232, [email protected].

SUPPLEMENTARY INFORMATION: The University of Massachusetts, Dartmouth, 
School for Marine Science and Technology (SMAST) and the Nature 
Conservancy submitted complete applications for two EFPs on March 17, 
2017, and March 27, 2017, to conduct commercial fishing activities that 
regulations would otherwise restrict. The EFPs would authorize 
commercial fishing vessels to land Atlantic halibut in excess of the 
possession limit and that are smaller than the legal size limit.
    The two EFPs would support a project studying Atlantic halibut 
stock structure, seasonal movement, behavior, and life history being 
conducted with funding from the Saltonstall-Kennedy Grant Program. The 
goal of the project is to address identified information gaps to 
improve future Atlantic halibut stock assessments. The project consists 
of two components: Tagging, and biological sampling. Project 
Investigators have requested two EFPs and a scientific Letter of 
Acknowledgement (LOA) for the project. The LOA was issued on March 31, 
2017, for research trips to conduct at-sea tagging during summer 2017.
    The SMAST EFP would support the tagging component of the research 
project. The EFP would allow one vessel to land Atlantic halibut in 
excess of the possession limit as described in 50 CFR 648.86(c) and 
below the minimum size limit as described in Sec.  648.83(a)(1). Up to 
10 Atlantic halibut would be landed under the tagging component of the 
project. Once these fish have been landed, no additional Atlantic 
halibut above the possession limit or below the minimum size limit 
would be landed. These fish would be held by SMAST to test preliminary 
tagging techniques prior to field tagging that will be conducted under 
the LOA this summer. Fish would be caught during regular fishing 
operations by the exempted vessel. This testing is necessary to ensure 
that tagging conducted in the course of the main project is effective. 
The exemption from the minimum size limit is necessary to ensure 
testing is completed on all size ranges of halibut expected to be 
tagged during the course of the main project.
    Fishing under the SMAST tagging EFP would occur from April 2017 
through July 2017. On average, the fishing vessel would conduct three 
to five tows per day on seven day trips, with each tow lasting three to 
five hours. Fishing would occur east of Cape

[[Page 20563]]

Cod, only in statistical area 521. While fishing under the tagging EFP, 
the vessel would be using a groundfish otter trawl with a 7-inch (17.8 
cm) mesh codend.
    For biological sampling component, TNC requested exemptions from 
the Atlantic halibut possession limit as described in Sec.  648.86(c) 
and the Atlantic halibut minimum size limit as described in Sec.  
648.83(a)(1). The EFP would be issued to 21 commercial fishing vessels, 
and fish would be caught during regular fishing operations by the 
exempted vessels. A maximum of two halibut may be biologically sampled 
per trip. Atlantic halibut under the minimum size limit may be landed 
and transferred to SMAST researchers. Fish above the minimum size limit 
would be sampled at sea and landed for commercial sale. A total of 250 
halibut would be sampled under this EFP, and approximately 165 fish 
would be under the minimum size limit. Sampling would include recording 
of fish length and weight, as well as removal of gonads, otoliths, and 
genetic material. The exemption from the minimum size limit would allow 
for researchers to acquire data from all sizes of halibut, which is 
necessary to ensure that results of the project are accurate and 
reflective of the halibut population. The exemption from the possession 
limit is necessary to ensure that the researchers are able to obtain 
sufficient biological samples to conduct their research. No halibut 
above the possession limit or below the minimum size limit could be 
landed for sale.
    Fishing under the biological sampling EFP would occur during the 
2017 fishing years, from May 1, 2017 through April 30, 2018. Multiple 
gear types, including handline/jig, longline, sink gillnet,and otter 
trawl would be used by vessels fishing under the EFP. Fishing under the 
biological sampling EFP would occur throughout both the Gulf of Maine 
and the Georges Bank Regulated Mesh Areas. Statistical areas 514, 521, 
522, 525, and 526 would be most commonly fished by vessels 
participating in the biological sampling EFP.
    If approved, the applicants may request minor modifications and 
extensions to the EFPs 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 27, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-08906 Filed 5-2-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices 20563

Cod, only in statistical area 521. While Dated: April 27, 2017. file formats only. All comments
fishing under the tagging EFP, the vessel Karen H. Abrams, received are a part of the public record
would be using a groundfish otter trawl Acting Deputy Director, Office of Sustainable and will generally be posted to the
with a 7-inch (17.8 cm) mesh codend. Fisheries, National Marine Fisheries Service. Internet at www.nmfs.noaa.gov/pr/
For biological sampling component, [FR Doc. 2017–08906 Filed 5–2–17; 8:45 am] permits/incidental/energy_other.htm
TNC requested exemptions from the BILLING CODE 3510–22–P without change. All personal identifying
Atlantic halibut possession limit as information (e.g., name, address)
described in § 648.86(c) and the Atlantic voluntarily submitted by the commenter
halibut minimum size limit as described DEPARTMENT OF COMMERCE may be publicly accessible. Do not
in § 648.83(a)(1). The EFP would be submit confidential business
issued to 21 commercial fishing vessels, National Oceanic and Atmospheric information or otherwise sensitive or
and fish would be caught during regular Administration protected information.
fishing operations by the exempted RIN: 0648–XF286 FOR FURTHER INFORMATION CONTACT:
vessels. A maximum of two halibut may Laura McCue, Office of Protected
be biologically sampled per trip. Takes of Marine Mammals Incidental to Resources, NMFS, (301) 427–8401.
Atlantic halibut under the minimum Specified Activities; Taking Marine Electronic copies of the applications
size limit may be landed and transferred Mammals Incidental to Site and supporting documents, as well as a
to SMAST researchers. Fish above the Characterization Surveys Off the Coast list of the references cited in this
minimum size limit would be sampled of New Jersey document, may be obtained online at:
at sea and landed for commercial sale. www.nmfs.noaa.gov/pr/permits/
AGENCY: National Marine Fisheries
A total of 250 halibut would be sampled Service (NMFS), National Oceanic and incidental/energy_other.htm. In case of
under this EFP, and approximately 165 Atmospheric Administration (NOAA), problems accessing these documents,
fish would be under the minimum size Commerce. please call the contact listed above.
limit. Sampling would include SUPPLEMENTARY INFORMATION:
ACTION: Notice; proposed incidental
recording of fish length and weight, as
harassment authorization; request for Background
well as removal of gonads, otoliths, and
comments.
genetic material. The exemption from Sections 101(a)(5)(A) and (D) of the
the minimum size limit would allow for SUMMARY: NMFS has received an MMPA (16 U.S.C. 1361 et seq.) direct
researchers to acquire data from all sizes application from Ocean Wind, LLC the Secretary of Commerce to allow,
of halibut, which is necessary to ensure (Ocean Wind), for an Incidental upon request, the incidental, but not
that results of the project are accurate Harassment Authorization (IHA) to take intentional, taking of small numbers of
and reflective of the halibut population. marine mammals, by harassment, marine mammals by U.S. citizens who
The exemption from the possession incidental to high-resolution engage in a specified activity (other than
limit is necessary to ensure that the geophysical (HRG) and geotechnical commercial fishing) within a specified
researchers are able to obtain sufficient survey investigations associated with geographical region if certain findings
biological samples to conduct their marine site characterization activities are made and either regulations are
research. No halibut above the off the coast of New Jersey in the area issued or, if the taking is limited to
possession limit or below the minimum of the Commercial Lease of Submerged harassment, a notice of a proposed
size limit could be landed for sale. Lands for Renewable Energy authorization is provided to the public
Fishing under the biological sampling Development on the Outer Continental for review.
EFP would occur during the 2017 Shelf (OCS–A 0498) (Lease Area). An authorization for incidental
fishing years, from May 1, 2017 through Pursuant to the Marine Mammal takings shall be granted if NMFS finds
April 30, 2018. Multiple gear types, Protection Act (MMPA), NMFS is that the taking will have a negligible
including handline/jig, longline, sink requesting comments on its proposal to impact on the species or stock(s), will
gillnet,and otter trawl would be used by issue an IHA to Ocean Wind to not have an unmitigable adverse impact
vessels fishing under the EFP. Fishing incidentally take marine mammals on the availability of the species or
under the biological sampling EFP during the specified activities. stock(s) for subsistence uses (where
would occur throughout both the Gulf of DATES: Comments and information must relevant), and if the permissible
Maine and the Georges Bank Regulated be received no later than June 2, 2017. methods of taking and requirements
Mesh Areas. Statistical areas 514, 521, ADDRESSES: Comments on Ocean Wind’s pertaining to the mitigation, monitoring
522, 525, and 526 would be most IHA application should be addressed to and reporting of such takings are set
commonly fished by vessels Jolie Harrison, Chief, Permits and forth.
participating in the biological sampling Conservation Division, Office of NMFS has defined ‘‘negligible
EFP. Protected Resources, National Marine impact’’ as an impact resulting from the
If approved, the applicants may Fisheries Service, 1315 East-West specified activity that cannot be
request minor modifications and Highway, Silver Spring, MD 20910. The reasonably expected to, and is not
extensions to the EFPs throughout the mailbox address for providing email reasonably likely to, adversely affect the
year. EFP modifications and extensions comments is itp.mccue@noaa.gov. species or stock through effects on
may be granted without further notice if Instructions: NMFS is not responsible annual rates of recruitment or survival.
they are deemed essential to facilitate for comments sent by any other method, The MMPA states that the term ‘‘take’’
completion of the proposed research to any other address or individual, or means to harass, hunt, capture, kill or
nlaroche on DSK30NT082PROD with NOTICES

and have minimal impacts that do not received after the end of the comment attempt to harass, hunt, capture, or kill
change the scope or impact of the period. Comments received any marine mammal.
initially approved EFP request. Any electronically, including all Except with respect to certain
fishing activity conducted outside the attachments, must not exceed a 25- activities not pertinent here, the MMPA
scope of the exempted fishing activity megabyte file size. Attachments to defines ‘‘harassment’’ as: Any act of
would be prohibited. electronic comments will be accepted in pursuit, torment, or annoyance which (i)
Authority: 16 U.S.C. 1801 et seq. Microsoft Word or Excel or Adobe PDF has the potential to injure a marine

VerDate Sep<11>2014 14:29 May 02, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1

Document Created: 2018-11-08 08:36:09
Document Modified: 2018-11-08 08:36:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Comments must be received on or before May 18, 2017.
Contact		Spencer Talmage, Fishery Management Specialist, 978-281-9232, [email protected]
FR Citation		82 FR 20562
RIN Number		0648-XF39

82 FR 20562 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 84 (May 3, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration