82_FR_21456 82 FR 21369 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

82 FR 21369 - 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 87 (May 8, 2017)

Page Range21369-21370
FR Document2017-09277

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application from the University of Rhode Island to conduct flatfish bycatch reduction in the limited access general category scallop fishery contains all of the required information and warrants further consideration. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notice intended to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21369-21370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09277]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF379


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 from the 
University of Rhode Island to conduct flatfish bycatch reduction in the 
limited access general category scallop fishery contains all of the 
required information and warrants further consideration.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notice intended to provide 
interested parties the opportunity to comment on applications for 
proposed Exempted Fishing Permits.

DATES: Comments must be received on or before May 23, 2017.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``URI Gear Research 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 
URI Gear Research EFP.''

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management 
Specialist, 978-282-8456.

SUPPLEMENTARY INFORMATION: The University of Rhode Island submitted a 
complete application for an EFP on February 23, 2017, in support of 
research associated with a 2016 Bycatch Reduction Engineering Program 
grant titled ``The Flatfish Deflector Bar: Excluding Flatfish from 
Scallop Dredges

[[Page 21370]]

in the Northeast.'' The project would test a V-shaped bar with drop 
chains (V bar will refer to the entire apparatus consisting of bar and 
chains) attached to the dredge wire to reduce flatfish bycatch while 
maintaining the catch of sea scallops. The vessels would be temporarily 
exempt from possession limits and minimum size requirements specified 
in 50 CFR part 648, subsections B and D through O, for sampling 
purposes only, and from the scallop observer program requirements at 
648.11(g). URI has contracted East West Technical Services (an observer 
and at-sea monitor service provider) to conduct the at-sea data 
collection component of this project. All trips would be conducted on 
LAGC IFQ vessels, and all landed scallop catch would count against the 
vessels yearly IFQ allocation. Any fishing activity conducted outside 
of normal fishing operations as allowed under Northeast fishery 
regulations, 50 CFR part 648, and 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.
    Six vessels would conduct scallop dredging beginning in June 2017 
and continue through April 2018, on approximately 40 trips lasting 
approximately one day-at-sea (DAS). Within the 40 DAS there would be 
two pilot DAS in advance of the research DAS to test the design and 
make any necessary changes, as well as two DAS exclusively for 
underwater video collection to film fish behavior in relation to the 
gear. All research trips would complete approximately seven tows per 
day for a duration of 50 minutes at a standard tow speed between 3.8 to 
4.5 knots (or averaging 4.2 knots). Trips would take place in the 
Southern New England Scallop Dredge Exemption Area where part of the 
LAGC fleet normally operates.
    All tows would be conducted with a single dredge ranging in width 
from 8 to 10.5 feet (2.4 to 3.2 m) following an alternate paired tow 
strategy where a pair consists of one control and one experimental tow. 
Researchers would attach the V bar to the tow cable and anchor the 
sides to the outer dredge frame with chain and shackles at all 
connection points for the experimental tows. The V bar will be removed 
for the control tows. Chains will hang vertically from the V bar to the 
ocean floor. The chains will be spaced at intervals meant to restrict 
flatfish from swimming between them. The spacing set up will be 
determined during the pilot days. Researchers expect that the chains 
will create a dust cloud designed to keep the flatfish moving away from 
the center of the bar towards the sides and out of the dredge path.
    Researchers would weigh all scallop catch from both dredges. 
Samplers would record total weight of bycatch species to the nearest 
tenth of a pound and individual length measurements to the nearest 
centimeter. If the volume of the catch is large, samplers would employ 
subsampling protocols. All bycatch would be returned to the sea as soon 
as practicable following data collection. Exemption from possession 
limit and minimum sizes would ensure the vessel is not in conflict with 
possession regulations while collecting catch data. All catch above 
possession limits or below minimum sizes would be discarded as soon as 
practicable following data collection. Exemption from the sea scallop 
observer program requirements would allow researchers flexibility for 
catch sampling timing and onboard space accommodations since vessels in 
the LAGC fleet are typically smaller with limited deck space. We have 
consulted with the Northeast Fishery Observer Program on the potential 
exemption. The observer program requirement exemption for this project 
would not prevent us from achieving observer coverage levels needed in 
the LAGC scallop fishery.
    All research trips would otherwise be conducted in a manner 
consistent with normal commercial fishing conditions and catch 
consistent with the LAGC daily possession limit would be retained for 
sale.
    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: May 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-09277 Filed 5-5-17; 8:45 am]
BILLING CODE 3510-22-P



                                                                                    Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices                                                    21369

                                                    will consist of a series of workshops and               summary documenting panel opinions                      Dated: May 3, 2017.
                                                    webinars: Stock ID Work Group                           regarding the strengths and weaknesses                Tracey L. Thompson,
                                                    Meeting; Data Workshop; Assessment                      of the stock assessment and input data.               Acting Deputy Director, Office of Sustainable
                                                    Workshop and Webinars; and a Review                     Participants for SEDAR Workshops are                  Fisheries, National Marine Fisheries Service.
                                                    Workshop. See SUPPLEMENTARY                             appointed by the Gulf of Mexico, South                [FR Doc. 2017–09222 Filed 5–5–17; 8:45 am]
                                                    INFORMATION.                                            Atlantic, and Caribbean Fishery                       BILLING CODE 3510–22–P
                                                    DATES:  The SEDAR 50 Assessment                         Management Councils and NOAA
                                                    Workshop will be held on May 23–25,                     Fisheries Southeast Regional Office,
                                                    2017, from 8:30 a.m. until 6 p.m. and                   Highly Migratory Species Management                   DEPARTMENT OF COMMERCE
                                                    May 26, 2017, from 8:30 a.m. until 1                    Division, and Southeast Fisheries
                                                                                                            Science Center. Participants include:                 National Oceanic and Atmospheric
                                                    p.m. The established times may be                                                                             Administration
                                                    adjusted as necessary to accommodate                    Data collectors and database managers;
                                                    the timeline completion of discussion                   stock assessment scientists, biologists,              RIN 0648–XF379
                                                    relevant to the assessment process. Such                and researchers; constituency
                                                    adjustments may result in the meeting                   representatives including fishermen,                  Magnuson-Stevens Act Provisions;
                                                    be extended from, or completed prior to                 environmentalists, and non-                           General Provisions for Domestic
                                                    the time established by this notice.                    governmental organizations (NGOs);                    Fisheries; Application for Exempted
                                                    Additional Assessment Webinars and                      international experts; and staff of                   Fishing Permits
                                                    the Review Workshop dates and times                     Councils, Commissions, and state and
                                                                                                                                                                  AGENCY:  National Marine Fisheries
                                                    will publish in a subsequent issue in the               federal agencies.
                                                                                                                                                                  Service (NMFS), National Oceanic and
                                                    Federal Register.                                          The items of discussion at the                     Atmospheric Administration (NOAA),
                                                    ADDRESSES:                                              Assessment Workshop are as follows:                   Commerce.
                                                      Meeting address: The SEDAR 50                            1. Participants will use datasets                  ACTION: Notice; request for comments.
                                                    Assessment Workshop will be held at                     provided by the Data Workshop to
                                                    the Doubletree by Hilton Atlantic Beach                 develop population models to evaluate                 SUMMARY:   The Assistant Regional
                                                    Oceanfront Hotel, 2712 West Fort                        stock status, estimate population                     Administrator for Sustainable Fisheries,
                                                    Macon Road, Atlantic Beach, NC 28512;                   benchmarks and Sustainable Fisheries                  Greater Atlantic Region, NMFS, has
                                                    phone: (252) 240–1155.                                  Act criteria, and project future                      made a preliminary determination that
                                                      SEDAR address: South Atlantic                         conditions, as specified in the Terms of              an Exempted Fishing Permit application
                                                    Fishery Management Council, 4055                        Reference.                                            from the University of Rhode Island to
                                                    Faber Place Drive, Suite 201, N.                                                                              conduct flatfish bycatch reduction in
                                                                                                               2. Participants will recommend the                 the limited access general category
                                                    Charleston, SC 29405;
                                                                                                            most appropriate methods and                          scallop fishery contains all of the
                                                    www.sedarweb.org.
                                                                                                            configurations for determining stock                  required information and warrants
                                                    FOR FURTHER INFORMATION CONTACT:     Julia              status and estimating population                      further consideration.
                                                    Byrd, SEDAR Coordinator, 4055 Faber                     parameters.                                              Regulations under the Magnuson-
                                                    Place Drive, Suite 201, North                              3. Participants will prepare a                     Stevens Fishery Conservation and
                                                    Charleston, SC 29405; phone: (843) 571–                 workshop report, compare and contrast                 Management Act require publication of
                                                    4366; email: julia.byrd@safmc.net.                      various assessment approaches, and                    this notice intended to provide
                                                    SUPPLEMENTARY INFORMATION: The Gulf                     determine whether the assessments are                 interested parties the opportunity to
                                                    of Mexico, South Atlantic, and                          adequate for submission to the review                 comment on applications for proposed
                                                    Caribbean Fishery Management                            panel.                                                Exempted Fishing Permits.
                                                    Councils, in conjunction with NOAA
                                                                                                               Although non-emergency issues not                  DATES: Comments must be received on
                                                    Fisheries and the Atlantic and Gulf
                                                                                                            contained in this agenda may come                     or before May 23, 2017.
                                                    States Marine Fisheries Commissions,
                                                    have implemented the Southeast Data,                    before this group for discussion, those               ADDRESSES: You may submit written
                                                    Assessment and Review (SEDAR)                           issues may not be the subject of formal               comments by any of the following
                                                    process, a multi-step method for                        action during this meeting. Action will               methods:
                                                    determining the status of fish stocks in                be restricted to those issues specifically               • Email: nmfs.gar.efp@noaa.gov.
                                                    the Southeast Region. SEDAR is a three-                 identified in this notice and any issues              Include in the subject line ‘‘URI Gear
                                                    step process including: (1) Data                        arising after publication of this notice              Research EFP.’’
                                                    Workshop; (2) Assessment Process                        that require emergency action under                      • Mail: John K. Bullard, Regional
                                                    utilizing a workshop and/or webinars;                   section 305(c) of the Magnuson-Stevens                Administrator, NMFS, Greater Atlantic
                                                    and (3) Review Workshop. The product                    Fishery Conservation and Management                   Regional Fisheries Office, 55 Great
                                                    of the Data Workshop is a data report                   Act, provided the public has been                     Republic Drive, Gloucester, MA 01930.
                                                    which compiles and evaluates potential                  notified of the intent to take final action           Mark the outside of the envelope
                                                    datasets and recommends which                           to address the emergency.                             ‘‘Comments on URI Gear Research EFP.’’
                                                    datasets are appropriate for assessment                 Special Accommodations                                FOR FURTHER INFORMATION CONTACT:
                                                    analyses. The product of the Assessment                                                                       Shannah Jaburek, Fisheries Management
                                                    Process is a stock assessment report                      This meeting is accessible to people                Specialist, 978–282–8456.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    which describes the fisheries, evaluates                with disabilities. Requests for auxiliary             SUPPLEMENTARY INFORMATION: The
                                                    the status of the stock, estimates                      aids should be directed to the SAFMC                  University of Rhode Island submitted a
                                                    biological benchmarks, projects future                  office (see ADDRESSES) at least 10                    complete application for an EFP on
                                                    population conditions, and recommends                   business days prior to the meeting.                   February 23, 2017, in support of
                                                    research and monitoring needs. The                        Note: The times and sequence specified in           research associated with a 2016 Bycatch
                                                    assessment is independently peer                        this agenda are subject to change.                    Reduction Engineering Program grant
                                                    reviewed at the Review Workshop. The                                                                          titled ‘‘The Flatfish Deflector Bar:
                                                    product of the Review Workshop is a                       Authority: 16 U.S.C. 1801 et seq.                   Excluding Flatfish from Scallop Dredges


                                               VerDate Sep<11>2014   18:27 May 05, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\08MYN1.SGM   08MYN1


                                                    21370                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices

                                                    in the Northeast.’’ The project would                   flatfish moving away from the center of               DEPARTMENT OF COMMERCE
                                                    test a V-shaped bar with drop chains (V                 the bar towards the sides and out of the
                                                    bar will refer to the entire apparatus                  dredge path.                                          National Oceanic and Atmospheric
                                                    consisting of bar and chains) attached to                                                                     Administration
                                                                                                               Researchers would weigh all scallop
                                                    the dredge wire to reduce flatfish                                                                            RIN 0648–XF399
                                                                                                            catch from both dredges. Samplers
                                                    bycatch while maintaining the catch of
                                                                                                            would record total weight of bycatch
                                                    sea scallops. The vessels would be                                                                            Marine Mammals; File No. 21170
                                                    temporarily exempt from possession                      species to the nearest tenth of a pound
                                                    limits and minimum size requirements                    and individual length measurements to                 AGENCY:  National Marine Fisheries
                                                    specified in 50 CFR part 648,                           the nearest centimeter. If the volume of              Service (NMFS), National Oceanic and
                                                    subsections B and D through O, for                      the catch is large, samplers would                    Atmospheric Administration (NOAA),
                                                    sampling purposes only, and from the                    employ subsampling protocols. All                     Commerce.
                                                    scallop observer program requirements                   bycatch would be returned to the sea as               ACTION: Notice; receipt of application.
                                                    at 648.11(g). URI has contracted East                   soon as practicable following data
                                                    West Technical Services (an observer                    collection. Exemption from possession                 SUMMARY:   Notice is hereby given that
                                                    and at-sea monitor service provider) to                 limit and minimum sizes would ensure                  Keith Ellenbogen, Keith Ellenbogen
                                                    conduct the at-sea data collection                      the vessel is not in conflict with                    Photography, 795 Carroll St., Brooklyn,
                                                    component of this project. All trips                    possession regulations while collecting               NY 11215, has applied in due form for
                                                    would be conducted on LAGC IFQ                          catch data. All catch above possession                a permit to conduct commercial or
                                                    vessels, and all landed scallop catch                                                                         educational photography on marine
                                                                                                            limits or below minimum sizes would
                                                    would count against the vessels yearly                                                                        mammals.
                                                                                                            be discarded as soon as practicable
                                                    IFQ allocation. Any fishing activity                    following data collection. Exemption                  DATES:  Written, telefaxed, or email
                                                    conducted outside of normal fishing                     from the sea scallop observer program                 comments must be received on or before
                                                    operations as allowed under Northeast                   requirements would allow researchers                  June 7, 2017.
                                                    fishery regulations, 50 CFR part 648,                   flexibility for catch sampling timing and             ADDRESSES: These documents are
                                                    and outside the scope of the exempted                                                                         available upon written request or by
                                                                                                            onboard space accommodations since
                                                    fishing activity would be prohibited,                                                                         appointment in the Permits and
                                                    including landing fish in excess of a                   vessels in the LAGC fleet are typically
                                                                                                            smaller with limited deck space. We                   Conservation Division, Office of
                                                    possession limit or below the minimum                                                                         Protected Resources, NMFS, 1315 East-
                                                    size.                                                   have consulted with the Northeast
                                                                                                            Fishery Observer Program on the                       West Highway, Room 13705, Silver
                                                       Six vessels would conduct scallop                                                                          Spring, MD 20910; phone (301) 427–
                                                    dredging beginning in June 2017 and                     potential exemption. The observer
                                                                                                                                                                  8401; fax (301) 713–0376.
                                                    continue through April 2018, on                         program requirement exemption for this
                                                                                                                                                                    Written comments on this application
                                                    approximately 40 trips lasting                          project would not prevent us from                     should be submitted to the Chief,
                                                    approximately one day-at-sea (DAS).                     achieving observer coverage levels                    Permits and Conservation Division, at
                                                    Within the 40 DAS there would be two                    needed in the LAGC scallop fishery.                   the address listed above. Comments may
                                                    pilot DAS in advance of the research                       All research trips would otherwise be              also be submitted by facsimile to (301)
                                                    DAS to test the design and make any                     conducted in a manner consistent with                 713–0376, or by email to
                                                    necessary changes, as well as two DAS                                                                         NMFS.Pr1Comments@noaa.gov. Please
                                                                                                            normal commercial fishing conditions
                                                    exclusively for underwater video                                                                              include the File No. in the subject line
                                                                                                            and catch consistent with the LAGC
                                                    collection to film fish behavior in                                                                           of the email comment.
                                                    relation to the gear. All research trips                daily possession limit would be retained
                                                                                                            for sale.                                               Those individuals requesting a public
                                                    would complete approximately seven                                                                            hearing should submit a written request
                                                    tows per day for a duration of 50                          If approved, the applicant may
                                                                                                                                                                  to the Chief, Permits and Conservation
                                                    minutes at a standard tow speed                         request minor modifications and                       Division at the address listed above. The
                                                    between 3.8 to 4.5 knots (or averaging                  extensions to the EFP throughout the                  request should set forth the specific
                                                    4.2 knots). Trips would take place in the               year. EFP modifications and extensions                reasons why a hearing on this
                                                    Southern New England Scallop Dredge                     may be granted without further notice if              application would be appropriate.
                                                    Exemption Area where part of the LAGC                   they are deemed essential to facilitate
                                                    fleet normally operates.                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                            completion of the proposed research                   Courtney Smith or Amy Hapeman, (301)
                                                       All tows would be conducted with a                   and have minimal impacts that do not
                                                    single dredge ranging in width from 8 to                                                                      427–8401.
                                                                                                            change the scope or impact of the
                                                    10.5 feet (2.4 to 3.2 m) following an                                                                         SUPPLEMENTARY INFORMATION: The
                                                                                                            initially approved EFP request. Any                   subject permit is requested under the
                                                    alternate paired tow strategy where a
                                                                                                            fishing activity conducted outside the                authority of the Marine Mammal
                                                    pair consists of one control and one
                                                    experimental tow. Researchers would                     scope of the exempted fishing activity                Protection Act of 1972, as amended
                                                    attach the V bar to the tow cable and                   would be prohibited.                                  (MMPA; 16 U.S.C. 1361 et seq.), and the
                                                    anchor the sides to the outer dredge                      Authority: 16 U.S.C. 1801 et seq.                   regulations governing the taking and
                                                    frame with chain and shackles at all                      Dated: May 3, 2017.
                                                                                                                                                                  importing of marine mammals (50 CFR
                                                    connection points for the experimental                                                                        part 216).
                                                    tows. The V bar will be removed for the                 Karen H. Abrams,                                        The applicant proposes to film and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    control tows. Chains will hang vertically               Acting Deputy Director, Office of Sustainable         photograph cetaceans and seals within
                                                    from the V bar to the ocean floor. The                  Fisheries, National Marine Fisheries Service.         the U.S. northeast Atlantic waters of the
                                                    chains will be spaced at intervals meant                [FR Doc. 2017–09277 Filed 5–5–17; 8:45 am]            U.S., from the Gulf of Maine (including
                                                    to restrict flatfish from swimming                      BILLING CODE 3510–22–P                                Cape Cod Bay and Stellwagen Bank
                                                    between them. The spacing set up will                                                                         National Marine Sanctuary) through the
                                                    be determined during the pilot days.                                                                          New York Bight (Montauk, NY to Cape
                                                    Researchers expect that the chains will                                                                       May, NJ), including the Hudson Canyon.
                                                    create a dust cloud designed to keep the                                                                      Up to 810 humpback whales (Megaptera


                                               VerDate Sep<11>2014   18:27 May 05, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\08MYN1.SGM   08MYN1



Document Created: 2017-05-06 02:22:02
Document Modified: 2017-05-06 02:22:02
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 23, 2017.
ContactShannah Jaburek, Fisheries Management Specialist, 978-282-8456.
FR Citation82 FR 21369 
RIN Number0648-XF37

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