82 FR 22499 - 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 93 (May 16, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 93 (May 16, 2017)
| Page Range | 22499-22500 | |
| FR Document | 2017-09876 |
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)] [Notices] [Pages 22499-22500] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09876] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF383 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 contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow eight commercial fishing vessels to be exempt from limited access sea scallop regulations in support of a study on seasonal bycatch distribution and optimal scallop meat yield on Georges Bank. 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 Exempted Fishing Permits. DATES: Comments must be received on or before May 31, 2017. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``DA17-032 CFF Georges Bank Optimization Study 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 ``DA17-032 CFF Georges Bank Optimization Study EFP.'' FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management Specialist, 978-281-9352. SUPPLEMENTARY INFORMATION: Coonamesset Farm Foundation (CFF) has submitted an exempted fishing permit (EFP) application in support of a project titled ``Optimizing the Georges Bank Scallop Fishery by Maximizing Meat Yield and Minimizing Bycatch,'' that has been funded under the 2017 Atlantic Sea Scallop Research Set-Aside (RSA) Program. The project will look primarily at seasonal distribution of bycatch on the eastern part of Georges Bank in relation to sea scallop meat weight yield. Additional objectives include continued testing of a modified scallop dredge bag design to reduce flatfish bycatch and collecting biological samples to examine scallop meat quality and yellowtail flounder liver disease. Project investigators working on this project would also work with New Hampshire Fish and Game (NHFG) and the Atlantic Offshore Lobstermen's Association (AOLA) to tag female lobsters. To enable this research, CFF is requesting exemptions for eight commercial fishing vessels from the Atlantic sea scallop days-at-sea (DAS) allocations at 50 CFR 648.53(b); crew size restrictions at Sec. 648.51(c); observer program requirements at Sec. 648.11(g); Closed Area II (CAII) scallop gear restrictions specified at Sec. 648.81(b); and access area program requirements at Sec. 648.59(a)(1)-(3), (b)(2), (b)(4); Closed Area II Scallop Access Area Seasonal Closure at Sec. 648.60(d)(2), and Closed Area II Extension Scallop Rotational Area at Sec. 648.60(e). CFF has also requested that vessels be exempt from possession limits and minimum size requirements specified in 50 CFR part 648, subsections B and D through O for biological sampling, and Sec. 697.20 for lobster sampling and tagging purposes only. Participating vessels would conduct scallop dredging in a year- round seasonal study, from August, 2017 through June, 2018. Vessels will condust a total of eight 7-day trips, for a total of 56 DAS. Closed Area II Access Area tows would take place in the central portion situated below the Closed Area II Habitat Closure Area, including the northern portion of Atlantic Sea Closed Area II Scallop Access Area Seasonal Closure and the northern part of Closed Area II Extension Scallop Rotational Area. Open area tows would be conducted on the northern half of Georges Bank, west of the boundary of Closed Area II Access Area. The applicant also requested to conduct tows inside the Closed Area II Habitat Closure Area. NMFS does not support access to the Habitat Closure Area for this project until a final measures from the Omnibus Habitat Amendment II have been proposed and implemented by NMFS. This project is designed to ``optimize'' the harvest of scallops by the scallop fishery. Because this area remains closed to bottom- tending mobile gear to protect sensitive benthic habitat, it is premature to grant access at this time. If the scallop fishery is authorized to fish in this area through a future rule making, it may be appropriate to amend this EFP to allow research in this area, as the information could be useful to supporting scallop harvest decisions. There is a potential for gear conflict with lobster gear in the central portion of Closed Area II. In an effort to help mitigate gear interactions, CFF would distribute the time and location of stations to the lobster industry, work only during daylight hours, post an extra lookout to avoid gear, and actively avoid tangling in stationary gear. We do not expect the DAS, crew size, possession limits, or minimum size exemptions to generate any controversy or concern about the potential catch of egg-bearing female lobsters in this area during the months of August-June. The project would work in cooperation in with NHFG and AOLA to tag lobsters with the primary goal of documenting their movement on and off Georges Bank. Data from the tagging project could also help answer questions of lobster discard mortality in the scallop fishery. All tows would be conducted with two tandem 15-foot (4.6-m) turtle deflector dredges for a duration of 30 minutes using an average tow speed of 4.8 knots. One dredge would be rigged with a 7-row apron and twine top hanging ratio of 2:1, while the other dredge would be rigged with a 5-row apron and 1.5:1 twine top hanging ratio. Both dredge frames would be rigged with identical rock and tickler chain configurations, 10-inch (25.4-cm) twine top, and 4-inch (10.2-cm) ring bag. Gear [[Page 22500]] comparison data will help improve efforts to reduce scallop dredge bycatch. For all tows the entire sea scallop catch would be counted into baskets and weighed. One basket from each dredge would be randomly selected and the scallops would be measured in 5-milimeter increments to determine size selectivity. All finfish catch would be sorted by species and then counted and measured. Weight, sex, and reproductive state would be determined for a random subsample (n=10) of yellowtail, winter, and windowpane flounders. Lobsters would be measured, sexed, and evaluated for damage and shell disease. No catch would be retained for longer than needed to conduct sampling and no finfish or lobsters would be landed for sale. All catch estimates for the project are listed in Table 1, below. Table 1--Coonamessett Farm Foundation Georges Bank Scallop Research Project ---------------------------------------------------------------------------------------------------------------- Estimated Common name Scientific name weight (lbs) Estimated * weight (kg) ---------------------------------------------------------------------------------------------------------------- Sea Scallop................................... Placopecten magellanicus........ 19,300 8,754 Yellowtail Flounder........................... Limanda ferruginea.............. 1,200 544 Winter Flounder............................... Pseudopleuronectes americanus... 1,500 680 Windowpane Flounder........................... Scophthalmus aquosus............ 4,000 1,814 Summer Flounder............................... Paralichthys dentatus........... 900 408 Fourspot Flounder............................. Paralichthys oblongus........... 130 58 American Plaice............................... Hippoglossoides platessoides.... 50 22 Grey Sole..................................... Glyptocephalus cynoglossus...... 30 13 Haddock....................................... Melanogrammus aeglefinus........ 70 31 Atlantic Cod.................................. Gadus morhua.................... 150 68 Monkfish...................................... Lophius americanus.............. 6,000 2,721 Spiny Dogfish................................. Squalus acanthias............... 130 58 Barndoor Skates............................... Dipturus laevis................. 870 394 NE Skate Complex (excluding barndoor skate)... Leucoraja erinacea, Leucoraja 80,000 36,287 ocellata. American lobster.............................. Homarus americanus.............. 3,000 1,360 ---------------------------------------------------------------------------------------------------------------- * Weights estimated using catch from a similar 2015 project. CFF needs these exemptions to allow them to conduct experimental dredge towing without being charged DAS, as well as to deploy gear in areas that are currently closed to scallop fishing. Participating vessels need crew size waivers to accommodate science personnel. Possession waivers would enable researchers to sample finfish and lobster catch that exceeds possession limits or prohibitions. The project would be exempt from the sea scallop observer program requirements because activities conducted on the trip are not consistent with normal fishing operations. The goal of the proposed work is to provide information on spatial and temporal patterns in bycatch rates in the scallop fishery, with the objective of identifying mechanisms to mitigate bycatch. The data collected would enhance understanding of groundfish bycatch and scallop yield as they relate to access and open area management. 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 11, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-09876 Filed 5-15-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices 22499
and dart and suction cup tagging/ ADDRESSES: You may submit written condust a total of eight 7-day trips, for
telemetry studies. Please see the take comments by any of the following a total of 56 DAS. Closed Area II Access
table for numbers of animals requested methods: Area tows would take place in the
by species. • Email: nmfs.gar.efp@noaa.gov. central portion situated below the
In compliance with the National Include in the subject line ‘‘DA17–032 Closed Area II Habitat Closure Area,
Environmental Policy Act of 1969 (42 CFF Georges Bank Optimization Study including the northern portion of
U.S.C. 4321 et seq.), an initial EFP.’’ Atlantic Sea Closed Area II Scallop
determination has been made that the • Mail: John K. Bullard, Regional Access Area Seasonal Closure and the
activity proposed is categorically Administrator, NMFS, Greater Atlantic northern part of Closed Area II
excluded from the requirement to Regional Fisheries Office, 55 Great Extension Scallop Rotational Area.
prepare an environmental assessment or Republic Drive, Gloucester, MA 01930. Open area tows would be conducted on
environmental impact statement. Mark the outside of the envelope the northern half of Georges Bank, west
Concurrent with the publication of ‘‘DA17–032 CFF Georges Bank of the boundary of Closed Area II Access
this notice in the Federal Register, Optimization Study EFP.’’ Area. The applicant also requested to
NMFS is forwarding copies of the FOR FURTHER INFORMATION CONTACT: conduct tows inside the Closed Area II
application to the Marine Mammal Alyson Pitts, Fishery Management Habitat Closure Area. NMFS does not
Commission and its Committee of Specialist, 978–281–9352. support access to the Habitat Closure
Scientific Advisors. SUPPLEMENTARY INFORMATION:
Area for this project until a final
Coonamesset Farm Foundation (CFF) measures from the Omnibus Habitat
Dated: May 11, 2017.
Amendment II have been proposed and
Julia Harrison, has submitted an exempted fishing
implemented by NMFS. This project is
Chief, Permits and Conservation Division, permit (EFP) application in support of a
designed to ‘‘optimize’’ the harvest of
Office of Protected Resources, National project titled ‘‘Optimizing the Georges
scallops by the scallop fishery. Because
Marine Fisheries Service. Bank Scallop Fishery by Maximizing
this area remains closed to bottom-
[FR Doc. 2017–09865 Filed 5–15–17; 8:45 am] Meat Yield and Minimizing Bycatch,’’
tending mobile gear to protect sensitive
that has been funded under the 2017
BILLING CODE 3510–22–P benthic habitat, it is premature to grant
Atlantic Sea Scallop Research Set-Aside
access at this time. If the scallop fishery
(RSA) Program. The project will look
is authorized to fish in this area through
DEPARTMENT OF COMMERCE primarily at seasonal distribution of
a future rule making, it may be
bycatch on the eastern part of Georges appropriate to amend this EFP to allow
National Oceanic and Atmospheric Bank in relation to sea scallop meat research in this area, as the information
Administration weight yield. Additional objectives could be useful to supporting scallop
include continued testing of a modified harvest decisions.
RIN 0648–XF383 scallop dredge bag design to reduce There is a potential for gear conflict
flatfish bycatch and collecting biological with lobster gear in the central portion
Magnuson-Stevens Act Provisions; samples to examine scallop meat quality of Closed Area II. In an effort to help
General Provisions for Domestic and yellowtail flounder liver disease. mitigate gear interactions, CFF would
Fisheries; Application for Exempted Project investigators working on this distribute the time and location of
Fishing Permits project would also work with New stations to the lobster industry, work
Hampshire Fish and Game (NHFG) and only during daylight hours, post an
AGENCY: National Marine Fisheries the Atlantic Offshore Lobstermen’s
Service (NMFS), National Oceanic and extra lookout to avoid gear, and actively
Association (AOLA) to tag female avoid tangling in stationary gear. We do
Atmospheric Administration (NOAA), lobsters.
Commerce. not expect the DAS, crew size,
To enable this research, CFF is possession limits, or minimum size
ACTION: Notice; request for comments. requesting exemptions for eight exemptions to generate any controversy
commercial fishing vessels from the or concern about the potential catch of
SUMMARY: The Assistant Regional Atlantic sea scallop days-at-sea (DAS) egg-bearing female lobsters in this area
Administrator for Sustainable Fisheries, allocations at 50 CFR 648.53(b); crew during the months of August-June. The
Greater Atlantic Region, NMFS, has size restrictions at § 648.51(c); observer project would work in cooperation in
made a preliminary determination that program requirements at § 648.11(g); with NHFG and AOLA to tag lobsters
an Exempted Fishing Permit application Closed Area II (CAII) scallop gear with the primary goal of documenting
contains all of the required information restrictions specified at § 648.81(b); and their movement on and off Georges
and warrants further consideration. This access area program requirements at Bank. Data from the tagging project
Exempted Fishing Permit would allow § 648.59(a)(1)–(3), (b)(2), (b)(4); Closed could also help answer questions of
eight commercial fishing vessels to be Area II Scallop Access Area Seasonal lobster discard mortality in the scallop
exempt from limited access sea scallop Closure at § 648.60(d)(2), and Closed fishery.
regulations in support of a study on Area II Extension Scallop Rotational All tows would be conducted with
seasonal bycatch distribution and Area at § 648.60(e). CFF has also two tandem 15-foot (4.6-m) turtle
optimal scallop meat yield on Georges requested that vessels be exempt from deflector dredges for a duration of 30
Bank. possession limits and minimum size minutes using an average tow speed of
Regulations under the Magnuson- requirements specified in 50 CFR part 4.8 knots. One dredge would be rigged
Stevens Fishery Conservation and 648, subsections B and D through O for
sradovich on DSK3GMQ082PROD with NOTICES
with a 7-row apron and twine top
Management Act require publication of biological sampling, and § 697.20 for hanging ratio of 2:1, while the other
this notification to provide interested lobster sampling and tagging purposes dredge would be rigged with a 5-row
parties the opportunity to comment on only. apron and 1.5:1 twine top hanging ratio.
applications for proposed Exempted Participating vessels would conduct Both dredge frames would be rigged
Fishing Permits. scallop dredging in a year-round with identical rock and tickler chain
DATES: Comments must be received on seasonal study, from August, 2017 configurations, 10-inch (25.4-cm) twine
or before May 31, 2017. through June, 2018. Vessels will top, and 4-inch (10.2-cm) ring bag. Gear
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![22500 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
comparison data will help improve selectivity. All finfish catch would be sexed, and evaluated for damage and
efforts to reduce scallop dredge bycatch. sorted by species and then counted and shell disease. No catch would be
For all tows the entire sea scallop measured. Weight, sex, and retained for longer than needed to
catch would be counted into baskets reproductive state would be determined conduct sampling and no finfish or
and weighed. One basket from each for a random subsample (n=10) of lobsters would be landed for sale. All
dredge would be randomly selected and yellowtail, winter, and windowpane catch estimates for the project are listed
the scallops would be measured in 5- flounders. Lobsters would be measured, in Table 1, below.
milimeter increments to determine size
TABLE 1—COONAMESSETT FARM FOUNDATION GEORGES BANK SCALLOP RESEARCH PROJECT
Estimated Estimated
Common name Scientific name weight weight
(lbs) * (kg)
Sea Scallop .................................................................. Placopecten magellanicus ............................................ 19,300 8,754
Yellowtail Flounder ....................................................... Limanda ferruginea ....................................................... 1,200 544
Winter Flounder ............................................................ Pseudopleuronectes americanus ................................. 1,500 680
Windowpane Flounder .................................................. Scophthalmus aquosus ................................................ 4,000 1,814
Summer Flounder ......................................................... Paralichthys dentatus ................................................... 900 408
Fourspot Flounder ........................................................ Paralichthys oblongus .................................................. 130 58
American Plaice ............................................................ Hippoglossoides platessoides ...................................... 50 22
Grey Sole ...................................................................... Glyptocephalus cynoglossus ........................................ 30 13
Haddock ........................................................................ Melanogrammus aeglefinus ......................................... 70 31
Atlantic Cod .................................................................. Gadus morhua .............................................................. 150 68
Monkfish ....................................................................... Lophius americanus ..................................................... 6,000 2,721
Spiny Dogfish ............................................................... Squalus acanthias ........................................................ 130 58
Barndoor Skates ........................................................... Dipturus laevis .............................................................. 870 394
NE Skate Complex (excluding barndoor skate) ........... Leucoraja erinacea, Leucoraja ocellata ....................... 80,000 36,287
American lobster ........................................................... Homarus americanus ................................................... 3,000 1,360
* Weights estimated using catch from a similar 2015 project.
CFF needs these exemptions to allow scope of the exempted fishing activity and mitigate the impacts of any take of
them to conduct experimental dredge would be prohibited. endangered or threatened species. The
towing without being charged DAS, as Authority: 16 U.S.C. 1801 et seq. permit application is for the incidental
well as to deploy gear in areas that are take of ESA-listed Atlantic sturgeon
Dated: May 11, 2017. (Acipenser oxyrinchus) and shortnose
currently closed to scallop fishing.
Karen H. Abrams, sturgeon (Acipenser brevirostrum)
Participating vessels need crew size
Acting Deputy Director, Office of Sustainable associated with the withdrawal of
waivers to accommodate science
Fisheries, National Marine Fisheries Service. cooling water from the Delaware River
personnel. Possession waivers would
[FR Doc. 2017–09876 Filed 5–15–17; 8:45 am] Estuary, the discharge of heat and other
enable researchers to sample finfish and
lobster catch that exceeds possession
BILLING CODE 3510–22–P pollutants to the River associated with
limits or prohibitions. The project the operations of the facility, the
would be exempt from the sea scallop transport of goods and materials to the
DEPARTMENT OF COMMERCE station via barge or dredging necessary
observer program requirements because
to support the Station’s coal/natural gas
activities conducted on the trip are not National Oceanic and Atmospheric
fired units’ operations, and the
consistent with normal fishing Administration
decommissioning of the coal/natural gas
operations. The goal of the proposed fired units.
RIN 0648–XF361
work is to provide information on NMFS is furnishing this notice in
spatial and temporal patterns in bycatch Endangered Species; File No. 21318 order to allow other agencies and the
rates in the scallop fishery, with the public an opportunity to review and
objective of identifying mechanisms to AGENCY: National Marine Fisheries
comment on this document. All
mitigate bycatch. The data collected Service (NMFS), National Oceanic and
comments received will become part of
would enhance understanding of Atmospheric Administration (NOAA),
the public record and will be available
groundfish bycatch and scallop yield as Commerce.
for review.
they relate to access and open area ACTION: Notice; receipt of application.
DATES: Written comments must be
management. received at the appropriate address or
SUMMARY: Notice is hereby given that
If approved, the applicant may NMFS has received an application from fax number (see ADDRESSES) on or before
request minor modifications and Mr. Mark F. Strickland, Public Service June 15, 2017.
extensions to the EFP throughout the Enterprise Group Inc. (PSEG) for an ADDRESSES: The application is available
year. EFP modifications and extensions incidental take permit (permit), for download and review at http://
sradovich on DSK3GMQ082PROD with NOTICES
may be granted without further notice if pursuant to the Endangered Species Act www.nmfs.noaa.gov/pr/permits/esa_
they are deemed essential to facilitate (ESA) of 1973, as amended, for activities review.htm under the section heading
completion of the proposed research associated with the operation and ESA Section 10(a)(1)(B) Permits and
and have minimal impacts that do not decommissioning of Mercer Generating Applications. The application is also
change the scope or impact of the Station in Trenton, NJ. As required by available upon written request or by
initially approved EFP request. Any the ESA, PSEG’s application includes a appointment in the following office:
fishing activity conducted outside the conservation plan designed to minimize Endangered Species Conservation
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Document Created: 2017-05-16 13:52:22
Document Modified: 2017-05-16 13:52:22
| 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 31, 2017. | |
| Contact | Alyson Pitts, Fishery Management Specialist, 978-281-9352. | |
| FR Citation | 82 FR 22499 | |
| RIN Number | 0648-XF38 |
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