82 FR 32684 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range		32684-32685
FR Document		2017-14935

NMFS has made a preliminary determination that an application for an exempted fishing permit (EFP) warrants further consideration and an opportunity for public comment. The application was submitted by the Cape Cod Commercial Fishermen's Alliance (CCCFA), requesting an exemption from the regulation that prohibits having unauthorized gear on board while fishing for, retaining, or possessing a bluefin tuna. The applicants suggest that with the use of electronic monitoring (EM) and through issuance of an EFP, there would be sufficient at-sea monitoring to verify the catch of bluefin tuna occurred with authorized gear (e.g., rod and reel and harpoon gear). NMFS requests public comment on the information provided in this notice and the application submitted.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)

[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32684-32685]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-14935]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF513

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of an application for an exempted fishing
permit; request for comments.

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SUMMARY: NMFS has made a preliminary determination that an application
for an exempted fishing permit (EFP) warrants further consideration and
an opportunity for public comment. The application was submitted by the
Cape Cod Commercial Fishermen's Alliance (CCCFA), requesting an
exemption from the regulation that prohibits having unauthorized gear
on board while fishing for, retaining, or possessing a bluefin tuna.
The applicants suggest that with the use of electronic monitoring (EM)
and through issuance of an EFP, there would be sufficient at-sea
monitoring to verify the catch of bluefin tuna occurred with authorized
gear (e.g., rod and reel and harpoon gear). NMFS requests public
comment on the information provided in this notice and the application
submitted.

DATES: Comments must be received by August 1, 2017.

ADDRESSES: You may submit comments on this notice, identified by 0648-
XF513, by either of the following methods:
Email: NMFS.EMEFP.2017@noaa.gov.
Mail: Craig Cockrell, Highly Migratory Species Management
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD
20910. Please mark the outside of the envelope ``Comments on 2017 CCCFA
EM EFP application.''

FOR FURTHER INFORMATION CONTACT: A copy of the application can viewed
at the following Web site: http://www.nmfs.noaa.gov/sfa/hms/compliance/efp/index.html; or by contacting Craig Cockrell, Highly Migratory
Species Management Division, NMFS, (301) 427-8503.

SUPPLEMENTARY INFORMATION: NMFS published a notice of intent to issue
EFPs, Scientific Research Permits, Letters of Acknowledgement, and
Chartering Permits for Atlantic highly migratory species (HMS) in 2017
(81 FR 80646, November 16, 2016). Although that notice anticipated a
variety of applications, it stated that occasionally NMFS receives
applications for activities that were not anticipated at the time of
the general notice and that NMFS would provide additional opportunity
for public comment if that were to occur.
As discussed in the November 2016 notice of intent to issue EFPs
and other permits, issuance of EFPs and related permits are necessary
for the collection of HMS for public display and scientific research to
exempt them from specified regulations (e.g., fishing seasons,
prohibited species, authorized gear, closed areas, and minimum sizes)
that may otherwise prohibit such collection. Specifically, NMFS may
authorize activities otherwise prohibited by the regulations at 50 CFR
part 635 for the conduct of scientific research; the acquisition of
information and data; the enhancement of safety at sea; the purpose of
collecting animals for public education or display; the investigation
of bycatch, economic or regulatory discard; or for chartering
arrangements. See 50 CFR 635.32(a)(1). The terms and conditions of
individual permits are unique; however, most permits include reporting
requirements, limit the number and species of HMS to be collected, and
only authorize collection in Federal waters of the Atlantic Ocean, Gulf
of Mexico, and Caribbean Sea. EFPs and related permits are issued under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act (Magnuson-Stevens Act) (16 U.S.C. 1801
et seq.) and/or the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971
et seq.). Regulations at 50 CFR 600.745 and 635.32 govern exempted
fishing permits, as well as scientific research activity, chartering
arrangements, and exempted public display and educational activities.
Current Atlantic HMS regulations specify that a person that fishes
for, retains, or possesses an Atlantic bluefin tuna may not have on
board a vessel or use on board a vessel any primary gear other than
those authorized for the category for which the Atlantic tunas or HMS
permit has been issued for such vessel. See 50 CFR 635.19(b). As a
result, vessels that are permitted in other fisheries that use gears
that are not authorized for Atlantic tunas must remove these gears
before fishing for, retaining, or possessing a bluefin tuna. This
regulation allows enforcement agents to readily verify that only the
authorized gear type was used to catch the bluefin tuna (rod and reel
or harpoon). This regulation also serves as an effort control for
bluefin tuna as it limits the number of vessels that can

[[Page 32685]]

actively pursue bluefin tuna to those with only authorized gear.
The CCCFA would like to test the effectiveness of EM for confirming
authorized gear is used to catch Atlantic tunas, while unauthorized
gear (for tunas) is onboard. Fishermen would be targeting groundfish
with benthic longline, jigging machines, handgear, demersal gillnet
(6.5-inch groundfish and 10-12-inch tie-down monkfish gillnet), or
otter trawl. The applicants would commit to 100 percent of the trips
being recorded and 100 percent of the footage being reviewed. Video
footage would be reviewed by Ecotrust Canada, a third-party EM service
provider. Also, vessels using harpoon gear would have EM camera views
that would allow for viewing all fishing operations to ensure
compliance, including adding necessary cameras to cover the pulpit and
harpoon throw.
The CCCFA has requested that four vessels be exempted from the
regulations at 50 CFR 635.19(b). These vessels would be listed as
authorized vessels on the EFP and would also possess Atlantic Tunas
General Category permits and/or Swordfish General Commercial permits.
If granted, this EFP would expire on December 31, 2017.
NMFS finds this application warrants further consideration. The
agency may impose possible conditions on this EFP, if it is granted,
based on consideration of public comments and further analyses. The
submission of reports on the exempted fishing activities would be due
within 5 days of the completion of fishing trips, as well as a summary
report within 30 days of the expiration of the EFP, if issued.
NMFS requests comments and offers a 15-day comment period on this
notice, consistent with EFP regulations at 50 CFR 600.745.

Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

Dated: July 12, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-14935 Filed 7-14-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices 32685

actively pursue bluefin tuna to those DEPARTMENT OF COMMERCE collection. Display permits are issued
with only authorized gear. for the collection of HMS for the
National Oceanic and Atmospheric purpose of public display, and a limited
The CCCFA would like to test the
Administration number of shark research fishery
effectiveness of EM for confirming
permits are issued for the collection of
authorized gear is used to catch Atlantic Proposed Information Collection; fishery-dependent data for future stock
tunas, while unauthorized gear (for Comment Request; Scientific assessments and cooperative research
tunas) is onboard. Fishermen would be Research, Exempted Fishing, and with commercial fishermen to meet the
targeting groundfish with benthic Exempted Activity Submissions shark research objectives of the Agency.
longline, jigging machines, handgear, Regulations at 50 CFR 600.745 and 50
demersal gillnet (6.5-inch groundfish AGENCY: National Oceanic and
CFR 635.32 govern scientific research
and 10–12-inch tie-down monkfish Atmospheric Administration (NOAA),
activity, exempted fishing, and
gillnet), or otter trawl. The applicants Commerce.
exempted educational activities with
would commit to 100 percent of the ACTION: Notice. respect to Atlantic HMS. Since the
trips being recorded and 100 percent of SUMMARY: The Department of Magnuson-Stevens Act does not include
the footage being reviewed. Video Commerce, as part of its continuing scientific research within the definition
footage would be reviewed by Ecotrust effort to reduce paperwork and of ‘‘fishing’’, scientific research is
Canada, a third-party EM service respondent burden, invites the general exempt from this statute, and the
provider. Also, vessels using harpoon public and other Federal agencies to National Marine Fisheries Service
gear would have EM camera views that take this opportunity to comment on (NMFS) does not issue EFPs for bona
would allow for viewing all fishing proposed and/or continuing information fide research activities (e.g., research
operations to ensure compliance, conducted from a research vessel and
collections, as required by the
including adding necessary cameras to not a commercial or recreational fishing
Paperwork Reduction Act of 1995.
vessel) involving species that are only
cover the pulpit and harpoon throw. DATES: Written comments must be regulated under the Magnuson-Stevens
The CCCFA has requested that four submitted on or before September 15, Act (e.g., most species of sharks) and not
vessels be exempted from the 2017. under ATCA. NMFS requests copies of
regulations at 50 CFR 635.19(b). These ADDRESSES: Direct all written comments scientific research plans for these
vessels would be listed as authorized to Jennifer Jessup, Departmental activities and indicates concurrence by
vessels on the EFP and would also Paperwork Clearance Officer, issuing a LOA to researchers to indicate
possess Atlantic Tunas General Category Department of Commerce, Room 6616, that the proposed activity meets the
permits and/or Swordfish General 14th and Constitution Avenue NW., definition of scientific research and is
Commercial permits. If granted, this EFP Washington, DC 20230 (or via the therefore exempt from regulation.
would expire on December 31, 2017. Internet at pracomments@doc.gov). Scientific research is not exempt from
FOR FURTHER INFORMATION CONTACT:
regulation under ATCA. NMFS issues
NMFS finds this application warrants SRPs for collection of species managed
further consideration. The agency may Requests for additional information or
copies of the information collection under this statute (e.g., tunas, swordfish,
impose possible conditions on this EFP, billfish, and some shark species), which
if it is granted, based on consideration instrument and instructions should be
authorize researchers to collect HMS
of public comments and further directed to Craig Cockrell, Highly
from bona fide research vessels (e.g.,
analyses. The submission of reports on Migratory Species Management
NMFS or university research vessel.)
the exempted fishing activities would be Division, 13533 F/SF1, 1315 East-West
NMFS will issue an EFP when research/
Highway, Silver Spring, MD 20910;
due within 5 days of the completion of collection involving such species occurs
(301) 427–8503; or craig.cockrell@
fishing trips, as well as a summary from commercial or recreational fishing
noaa.gov.
report within 30 days of the expiration platforms.
of the EFP, if issued. SUPPLEMENTARY INFORMATION: To regulate these fishing activities,
NMFS needs information to determine
NMFS requests comments and offers I. Abstract
the justification for granting an EFP,
a 15-day comment period on this notice, This request is for extension of a LOA, SRP, display, or shark research
consistent with EFP regulations at 50 current information collection. fishery permit. The application
CFR 600.745. Exempted fishing permits (EFPs), requirements are detailed at 50 CFR
Authority: 16 U.S.C. 971 et seq. and 1801 scientific research permits (SRPs), 600.745(b)(2). Interim, annual, and no-
et seq. display permits, letters of catch/fishing reports must also be
acknowledgment (LOAs), and shark submitted to the HMS Management
Dated: July 12, 2017.
research fishery permits are issued Division within NMFS. The authority
Emily H. Menashes, under the authority of the Magnuson- for the NMFS requiring this information
Acting Director, Office of Sustainable Stevens Fishery Conservation and is found at 50 CFR 635.32(a).
Fisheries, National Marine Fisheries Service. Management Reauthorization Act NMFS has updated the burden
[FR Doc. 2017–14935 Filed 7–14–17; 8:45 am] (Magnuson-Stevens Act) (16 U.S.C. 1801 estimates based on participation in the
BILLING CODE 3510–22–P et seq.) and/or the Atlantic Tunas Atlantic HMS Management Division’s
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Convention Act (ATCA) (16 U.S.C. 971 exempted fishing program from 2014 to
et seq.). Issuance of EFPs and related 2016 and the Shark Research Fishery
permits is necessary for the collection of from 2014–2016. Since 2014 the shark
Highly Migratory Species (HMS) for research fishery application and the
public display and scientific research exempted fishing permit application
that requires exemption from have been separate applications. The
regulations (e.g., seasons, prohibited burden estimates for these two
species, authorized gear, and minimum applications remain the same for each
sizes) that otherwise may prohibit such application (40 minutes).

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Document Created: 2017-07-15 03:45:40
Document Modified: 2017-07-15 03:45:40

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 of receipt of an application for an exempted fishing permit; request for comments.
Dates		Comments must be received by August 1, 2017.
Contact		A copy of the application can viewed at the following Web site: http://www.nmfs.noaa.gov/sfa/hms/compliance/ efp/index.html; or by contacting Craig Cockrell, Highly Migratory Species Management Division, NMFS, (301) 427-8503.
FR Citation		82 FR 32684
RIN Number		0648-XF51

82 FR 32684 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 135 (July 17, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration