82 FR 52282 - 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 217 (November 13, 2017)

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 exempt a commercial fishing vessel from Atlantic sea scallop regulations in support of research conducted by the Coonamessett Farm Foundation. 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.

[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52282-52283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF829


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 contains all 
of the required information and warrants further consideration. This 
Exempted Fishing Permit would exempt a commercial fishing vessel from 
Atlantic sea scallop regulations in support of research conducted by 
the Coonamessett Farm Foundation. 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 November 28, 2017.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``DA17-100 CFF BREP LA Flounder Sweep 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 ``Comments on 
DA17-100 CFF BREP LA Flounder Sweep Study EFP.''

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

SUPPLEMENTARY INFORMATION: Coonamessett Farm Foundation (CFF) submitted 
an application for an EFP on September 18, 2017, for a 2017 Bycatch 
Reduction Engineering Program project titled ``A Modified Flounder 
Sweep for Flatfish Bycatch Reduction in the Limited Access (LA) Scallop 
Fishery.'' The project would test a modified flounder cookie sweep on 
the outer bale bars of the scallop dredge and film fish-dredge 
interactions to monitor the effectiveness of the gear modification in 
reducing flatfish bycatch.
    To conduct this experiment, vessels would require exemptions from 
the following regulations: Atlantic sea scallop crew size restrictions 
at 50 CFR 648.51(c); dredge gear obstruction restrictions at Sec.  
648.51(b)(4)(ii); Atlantic sea scallop observer program requirements at 
Sec.  648.11(g); and closed area exemptions for Closed Area I at Sec.  
648.60(c), Closed Area II at Sec.  648.60(d), Closed Area II Extension 
at Sec.  648.60(e), and Nantucket Lightship at Sec.  648.60(f). It 
would also exempt participating vessels from possession limits and 
minimum fish size requirements specified in 50 CFR part 648, 
subsections B and D through O, for biological sampling purposes only.
    Vessels would conduct scallop dredging between November 2017-June 
2018, on 2 trips each lasting approximately 7 days-at-sea (DAS) each 
for a project total of 14 DAS. An average of 10 tows per day would be 
conducted for a maximum duration of 50 minutes at a tow speed range of 
4.8-5.1 knots (2.5-2.6 m/s). Trips would take place in scallop open 
areas of Southern New England and Georges Bank along with scallop 
access areas Nantucket Lightship and Closed Areas I and II.
    The vessel would conduct all tows with two 15-foot (4.57-m) New 
Bedford Style dredges, one acting as a control dredge and one acting as 
an experimental dredge. The vessel would tow both dredges 
simultaneously to reduce spatial and temporal variability. Researchers 
would attach the two 9-foot (2.74-m) cookie sweeps to each of the outer 
bale bars using chain and shackles on the experimental dredge. The 
cookie sweeps would alternate between the two dredges each tow to 
reduce ``side'' effects. The cookie sweeps would be constructed of 
round rubber disks with lead cookies approximately 3-4 inches (7.6-10.2 
cm) in diameter evenly spaced to encourage bottom contact. The 
attachment chains would be evenly spaced and varied in length to 
account for dredge position while being towed to ensure contact with 
the ocean bottom. Exemption from the dredge gear obstruction regulation 
would allow researchers to use the cookie sweep for the experimental 
tows.
    Researchers would weigh all scallop catch in industry bushel 
baskets caught in both dredges and measure a one-basket sub-sample from 
each side in 5-

[[Page 52283]]

millimeter increments. The researchers would also obtain total weight 
of bycatch species and individual measurements to the nearest 
centimeter. If the volume of the catch is large, subsampling protocols 
would be necessary. All bycatch would be returned to the sea as soon as 
practicable following data collection. Exemption from possession limit 
and minimum sizes would support catch sampling activities, and ensure 
the vessel is not in conflict with possession regulations while 
collecting catch data. Researchers would discard all catch above a 
possession limit or below a minimum size as soon as practicable 
following data collection. The table below lists the anticipated catch 
for the project. No catch would be landed for sale.

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                 Species                   Weight  (lb)    Weight  (kg)
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Scallop.................................          20,000           9,072
Northeast Skate Complex (Barndoor Skate           50,000          22,680
 not included)..........................
Barndoor Skate..........................             250             113
Summer Flounder.........................              90              41
Winter Flounder.........................             250             113
Yellowtail Flounder.....................             750             340
Windowpane Flounder.....................             750             340
Monkfish................................           1,750             794
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    Researchers need additional exemptions to deploy dredge gear in 
closed areas in order to help locate large enough aggregations of 
flatfish to test the experimental gear. Participating vessels need crew 
size waivers to accommodate science personnel and possession waivers 
would enable them to conduct data collection activities. We would waive 
the observer program notification requirements because the research 
activity is not representative of standard fishing activity.
    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: November 7, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24520 Filed 11-9-17; 8:45 am]
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