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)

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, 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.

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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]
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