83_FR_15863 83 FR 15792 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

83 FR 15792 - 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 83, Issue 71 (April 12, 2018)

Page Range15792-15793
FR Document2018-07596

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an exempted fishing permit application submitted by the Cape Cod Commercial Fishermen's Alliance contains all of the required information and warrants further consideration. This exempted fishing permit would require participants to use electronic monitoring systems on 100 percent of sector trips for catch accounting in the groundfish fishery. Additionally, vessels would be authorized to access portions of groundfish closed areas. 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 83 Issue 71 (Thursday, April 12, 2018)
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15792-15793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07596]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG152


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 submitted by 
the Cape Cod Commercial Fishermen's Alliance contains all of the 
required information and warrants further consideration. This exempted 
fishing permit would require participants to use electronic monitoring 
systems on 100 percent of sector trips for catch accounting in the 
groundfish fishery. Additionally, vessels would be authorized to access 
portions of groundfish closed areas. 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 April 27, 2018.

ADDRESSES: You may submit written comments by either of the following 
methods:
     Email: [email protected]. Include in the subject line 
``100 PERCENT EM EFP.''
     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``100 PERCENT EM 
EFP.''

FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management 
Specialist, 978-281-9255.

SUPPLEMENTARY INFORMATION: Groundfish sectors are required to implement 
and fund an at-sea monitoring (ASM) program. Sectors may use electronic 
monitoring (EM) to satisfy this monitoring requirement, provided that 
NMFS deems the technology sufficient for catch monitoring. NMFS has yet 
to approve EM as a suitable alternative to ASM. However, NMFS is 
working with industry and other stakeholders to test the operational 
feasibility of EM and resolve outstanding barriers to implementation. 
Project partners include the Cape Cod Commercial Fishermen's Alliance, 
The Nature Conservancy, the Maine Coast Fishermen's Association, the 
Gulf of Maine Research Institute, and fishermen from the Northeast 
Fishery Sectors V & XI, the GB Cod Fixed Gear Sector, the Sustainable 
Harvest Sector, and the Maine Coast Community Sector.
    In fishing year 2017, NMFS issued an exempted fishing permit (EFP) 
to these project partners to develop an audit-model EM program for the 
groundfish fishery. The EFP required vessels to use EM systems on 100 
percent of groundfish sector trips to verify regulated groundfish 
discards. EM was used in lieu of human observers to meet their sector 
ASM requirements. Thirteen vessels using a variety of gear types (e.g. 
hook, benthic longline, sink gillnet, bottom trawl) participated in the

[[Page 15793]]

project. A total of 81 trips were completed in fishing year 2017.
    The project partners have submitted a renewal request for fishing 
year 2018. The proposed participant list includes 14 vessels, 13 of 
which participated in this EFP in fishing year 2017. Together, these 
vessels are expected to take an estimated 400 trips. The project 
partners expect up to 10 additional vessels may join the project in 
fishing year 2018.
    Vessels participating in this EFP would be required to use EM on 
100 percent of groundfish trips. Camera systems would be used in lieu 
of human at-sea monitors, and in addition to Northeast Fishery Observer 
Program (NEFOP) observers. Vessels would adhere to a vessel-specific 
monitoring plan detailing at-sea catch handling protocols. Vessels 
would submit haul-level electronic vessel trip reports (eVTR) with 
count and weight estimates for all groundfish discards.
    The discard estimates provided in the eVTR would be used for catch 
accounting, and all catch of allocated groundfish would be deducted 
from the appropriate sector's allocation. The EM service provider would 
review the video footage and produce an EM summary report identifying, 
counting, and generating weight estimates for all groundfish discards. 
The provider would submit this report to NMFS. NMFS would compare the 
eVTR and EM summary file to ensure the submissions match within an 
established tolerance. If the trips do not match, the eVTR would not be 
used for catch accounting for that trip. For trips that carry a NEFOP 
observer, the NEFOP data would be used for catch accounting. The EM 
service provider would review 100 percent of the video footage at the 
outset of the fishing year, but may reduce the review percentage mid-
year as part of audit-model testing, if approved by NMFS.
    Because participating vessels would be fully monitored, project 
partners requested access to closed areas to incentivize participation 
and create additional fishing opportunities for healthy stocks. Vessels 
would be allowed to use hook gear and sink gillnets in Closed Area II 
from May 1 through February 15, hook gear in Western Gulf of Maine 
Closure Area, and jig gear in Cashes Ledge Closure Area.
    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: April 9, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-07596 Filed 4-11-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                15792                         Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

                                                FOR FURTHER INFORMATION CONTACT:      Kyle              species like cod, the use of a vessel                 further consideration. This exempted
                                                Molton, Fishery Management Specialist,                  monitoring system and 100-percent                     fishing permit would require
                                                978–281–9236, Kyle.Molton@noaa.gov.                     monitoring would be required for all                  participants to use electronic
                                                SUPPLEMENTARY INFORMATION: Two                          vessels. A research technician or at-sea              monitoring systems on 100 percent of
                                                commercial fishermen and a groundfish                   monitor would accompany all trips that                sector trips for catch accounting in the
                                                sector submitted complete applications                  occur under these EFPs to measure and                 groundfish fishery. Additionally, vessels
                                                to renew exempted fishing permits                       document fish caught and document                     would be authorized to access portions
                                                (EFPs) on February 16, 2018, to conduct                 fishing gear, bait, location, and fishing             of groundfish closed areas. Regulations
                                                commercial fishing activities that the                  conditions to evaluate gear performance.              under the Magnuson-Stevens Fishery
                                                regulations would otherwise restrict.                   The vessel captains would also                        Conservation and Management Act
                                                These EFPs would authorize five                         document fishing practices used to                    require publication of this notification
                                                commercial fishing vessels to fish a                    avoid bycatch of non-target species.                  to provide interested parties the
                                                combined total of 150 trips in the                      Undersized fish would be discarded as                 opportunity to comment on applications
                                                Western Gulf of Maine (WGOM) and                        quickly as possible after sampling. All               for proposed exempted fishing permits.
                                                Cashes Ledge Closure Areas, excluding                   Northeast multispecies of legal size                  DATES: Comments must be received on
                                                the Cashes Ledge Habitat Management                     would be landed, and all catch would                  or before April 27, 2018.
                                                Area (HMA), with hook gear, and to                      be attributed to the vessel’s sector
                                                                                                                                                              ADDRESSES: You may submit written
                                                temporarily retain undersized catch for                 annual catch entitlement. The
                                                                                                                                                              comments by either of the following
                                                measurement and data collection.                        applicants will also document ex-vessel
                                                                                                                                                              methods:
                                                Within the Cashes Ledge Closure Area,                   price for all sold catch for comparison
                                                                                                        with other harvest methods and                           • Email: nmfs.gar.efp@noaa.gov.
                                                access would be permitted in the                                                                              Include in the subject line ‘‘100
                                                Fippennies Ledge HMA, but not in the                    markets. The participating vessels
                                                                                                        would not be exempt from any sector                   PERCENT EM EFP.’’
                                                Cashes Ledge or Ammen Rock HMAs.                                                                                 • Mail: Michael Pentony, Regional
                                                These HMAs were developed as part of                    monitoring or reporting requirements.
                                                                                                           If approved, the applicants may                    Administrator, NMFS, Greater Atlantic
                                                the New England Fisheries Management                                                                          Regional Fisheries Office, 55 Great
                                                Council’s Omnibus Essential Fish                        request minor modifications and
                                                                                                        extensions to the EFPs throughout the                 Republic Drive, Gloucester, MA 01930.
                                                Habitat Amendment 2, and approved by                                                                          Mark the outside of the envelope ‘‘100
                                                NMFS on January 3, 2018.                                year. EFP modifications and extensions
                                                                                                        may be granted without further notice if              PERCENT EM EFP.’’
                                                   The EFPs would authorize the
                                                applicants to use hook gear to                          they are deemed essential to facilitate               FOR FURTHER INFORMATION CONTACT:
                                                selectively target pollock and haddock                  completion of the proposed research                   Claire Fitz-Gerald, Fishery Management
                                                while maintaining minimal bycatch. In                   and have minimal impacts that do not                  Specialist, 978–281–9255.
                                                addition, the applicants would also                     change the scope or impact of the                     SUPPLEMENTARY INFORMATION:
                                                explore and develop premium markets                     initially approved EFP request.                       Groundfish sectors are required to
                                                to increase the value of the catch. This                  Authority: 16 U.S.C. 1801 et seq.                   implement and fund an at-sea
                                                study would be conducted in the                           Dated: April 9, 2018.
                                                                                                                                                              monitoring (ASM) program. Sectors may
                                                WGOM and Cashes Ledge Closure                                                                                 use electronic monitoring (EM) to satisfy
                                                                                                        Jennifer M. Wallace,
                                                Areas. The applicants have requested                                                                          this monitoring requirement, provided
                                                                                                        Acting Director, Office of Sustainable                that NMFS deems the technology
                                                access to these areas based on reports,
                                                                                                        Fisheries, National Marine Fisheries Service.
                                                and experimental fishing, which suggest                                                                       sufficient for catch monitoring. NMFS
                                                                                                        [FR Doc. 2018–07597 Filed 4–11–18; 8:45 am]
                                                that there are high concentrations of the                                                                     has yet to approve EM as a suitable
                                                                                                        BILLING CODE 3510–22–P                                alternative to ASM. However, NMFS is
                                                target species located in these areas. The
                                                exemptions are necessary to conduct                                                                           working with industry and other
                                                this study because vessels on                                                                                 stakeholders to test the operational
                                                                                                        DEPARTMENT OF COMMERCE                                feasibility of EM and resolve
                                                commercial groundfish trips are
                                                prohibited from fishing for groundfish                  National Oceanic and Atmospheric                      outstanding barriers to implementation.
                                                in these closed areas and from retaining                Administration                                        Project partners include the Cape Cod
                                                undersized groundfish. EFP trips would                                                                        Commercial Fishermen’s Alliance, The
                                                occur year-round, excluding existing                    RIN 0648–XG152                                        Nature Conservancy, the Maine Coast
                                                seasonal closures.                                                                                            Fishermen’s Association, the Gulf of
                                                                                                        Magnuson-Stevens Act Provisions;                      Maine Research Institute, and fishermen
                                                   Participating vessels would take a
                                                                                                        General Provisions for Domestic                       from the Northeast Fishery Sectors V &
                                                combined total of 150 trips to closed
                                                                                                        Fisheries; Application for Exempted                   XI, the GB Cod Fixed Gear Sector, the
                                                areas. Trips would be roughly 24 hours
                                                                                                        Fishing Permits                                       Sustainable Harvest Sector, and the
                                                or less in length. Vessels would use
                                                automated jigging machines, handline,                   AGENCY:  National Marine Fisheries                    Maine Coast Community Sector.
                                                and rod and reel gears only. Based on                   Service (NMFS), National Oceanic and                     In fishing year 2017, NMFS issued an
                                                preliminary 2017 data, estimated catch                  Atmospheric Administration (NOAA),                    exempted fishing permit (EFP) to these
                                                on these trips is between 1,000 and                     Commerce.                                             project partners to develop an audit-
                                                2,000 lb (453.5 to 907.2 kg) of pollock                 ACTION: Notice; request for comments.                 model EM program for the groundfish
                                                and haddock, combined, per trip. 2017                                                                         fishery. The EFP required vessels to use
                                                data indicate that catch of non-target                  SUMMARY:  The Assistant Regional                      EM systems on 100 percent of
sradovich on DSK3GMQ082PROD with NOTICES




                                                species is small; cod represented less                  Administrator for Sustainable Fisheries,              groundfish sector trips to verify
                                                than 10 percent of catch overall, and                   Greater Atlantic Region, NMFS, has                    regulated groundfish discards. EM was
                                                other species were encountered only                     made a preliminary determination that                 used in lieu of human observers to meet
                                                sporadically or in low numbers.                         an exempted fishing permit application                their sector ASM requirements. Thirteen
                                                   Because these vessels would be                       submitted by the Cape Cod Commercial                  vessels using a variety of gear types (e.g.
                                                fishing in closed areas, and must                       Fishermen’s Alliance contains all of the              hook, benthic longline, sink gillnet,
                                                minimize interactions with non-target                   required information and warrants                     bottom trawl) participated in the


                                           VerDate Sep<11>2014   19:20 Apr 11, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM   12APN1


                                                                              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices                                           15793

                                                project. A total of 81 trips were                       change the scope or impact of the                     SUPPLEMENTARY INFORMATION:
                                                completed in fishing year 2017.                         initially approved EFP request. Any                   Groundfish sectors are required to
                                                   The project partners have submitted a                fishing activity conducted outside the                implement and fund an at-sea
                                                renewal request for fishing year 2018.                  scope of the exempted fishing activity                monitoring (ASM) program. A sector is
                                                The proposed participant list includes                  would be prohibited.                                  allowed to use electronic monitoring
                                                14 vessels, 13 of which participated in                   Authority: 16 U.S.C. 1801 et seq.                   (EM) to satisfy this monitoring
                                                this EFP in fishing year 2017. Together,                                                                      requirement, provided that NMFS
                                                these vessels are expected to take an                     Dated: April 9, 2018.                               deems the technology sufficient for
                                                estimated 400 trips. The project partners               Jennifer M. Wallace,                                  catch monitoring. NMFS has yet to
                                                expect up to 10 additional vessels may                  Acting Director, Office of Sustainable                approve EM as an alternative to ASM,
                                                join the project in fishing year 2018.                  Fisheries, National Marine Fisheries Service.         but is working with industry and other
                                                   Vessels participating in this EFP                    [FR Doc. 2018–07596 Filed 4–11–18; 8:45 am]           stakeholders to develop EM for catch
                                                would be required to use EM on 100                      BILLING CODE 3510–22–P                                monitoring in the groundfish fishery.
                                                percent of groundfish trips. Camera                                                                           For the groundfish fishery, the program
                                                systems would be used in lieu of human                                                                        designs currently being considered are
                                                at-sea monitors, and in addition to                     DEPARTMENT OF COMMERCE                                the ‘‘audit model’’ and the ‘‘maximized
                                                Northeast Fishery Observer Program                                                                            retention model.’’ The audit model
                                                (NEFOP) observers. Vessels would                        National Oceanic and Atmospheric                      would use EM to verify discards
                                                adhere to a vessel-specific monitoring                  Administration                                        reported by a captain on a vessel trip
                                                plan detailing at-sea catch handling                    RIN 0648–XG150                                        report. Under the maximized retention
                                                protocols. Vessels would submit haul-                                                                         electronic monitoring (MREM) model,
                                                level electronic vessel trip reports                    Magnuson-Stevens Act Provisions;                      vessels would be required to retain most
                                                (eVTR) with count and weight estimates                  General Provisions for Domestic                       fish species (e.g., allocated groundfish
                                                for all groundfish discards.                            Fisheries; Application for Exempted                   stocks), and EM would be used to
                                                   The discard estimates provided in the                Fishing Permits                                       ensure compliance with discarding
                                                eVTR would be used for catch                                                                                  regulations.
                                                accounting, and all catch of allocated                  AGENCY:  National Marine Fisheries                       GMRI submitted an exempted fishing
                                                groundfish would be deducted from the                   Service (NMFS), National Oceanic and                  permit (EFP) application to test a
                                                appropriate sector’s allocation. The EM                 Atmospheric Administration (NOAA),                    maximized retention electronic
                                                service provider would review the video                 Commerce.                                             monitoring (MREM) model and an
                                                footage and produce an EM summary                       ACTION: Notice; request for comments.                 accompanying dockside monitoring
                                                report identifying, counting, and                                                                             (DSM) program to monitor high-volume
                                                generating weight estimates for all                     SUMMARY:   The Assistant Regional
                                                                                                                                                              bottom-trawl vessels in the groundfish
                                                groundfish discards. The provider                       Administrator for Sustainable Fisheries,
                                                                                                                                                              fleet. Vessels would be outfitted with
                                                would submit this report to NMFS.                       Greater Atlantic Region, NMFS, has
                                                                                                                                                              EM systems (cameras and gear sensors),
                                                NMFS would compare the eVTR and                         made a preliminary determination that
                                                                                                                                                              and the cameras would be on for 100
                                                EM summary file to ensure the                           an exempted fishing permit application
                                                                                                                                                              percent of groundfish trips. The EFP
                                                submissions match within an                             submitted by the Gulf of Maine
                                                                                                                                                              would require participating vessels to
                                                established tolerance. If the trips do not              Research Institute contains all of the
                                                                                                                                                              retain and land all catch of allocated
                                                match, the eVTR would not be used for                   required information and warrants
                                                                                                                                                              groundfish, including undersized fish
                                                catch accounting for that trip. For trips               further consideration. The exempted
                                                                                                                                                              that they would normally be required to
                                                that carry a NEFOP observer, the NEFOP                  fishing permit would allow the use of
                                                                                                                                                              discard. All other species would be
                                                data would be used for catch                            electronic monitoring to support testing
                                                                                                                                                              handled per normal commercial fishing
                                                accounting. The EM service provider                     a maximized retention model in the                    operations. An EM service provider
                                                would review 100 percent of the video                   groundfish fishery.                                   would review 100 percent of the video
                                                footage at the outset of the fishing year,                 Regulations under the Magnuson-
                                                                                                                                                              footage to verify that the vessels did not
                                                but may reduce the review percentage                    Stevens Fishery Conservation and
                                                                                                                                                              discard allocated groundfish. NMFS
                                                mid-year as part of audit-model testing,                Management Act require publication of
                                                                                                                                                              Northeast Fisheries Science Center staff
                                                if approved by NMFS.                                    this notification to provide interested
                                                                                                                                                              would conduct a secondary review of
                                                   Because participating vessels would                  parties the opportunity to comment on
                                                                                                                                                              100 percent of the video footage for all
                                                be fully monitored, project partners                    applications for proposed Exempted
                                                                                                                                                              trips.
                                                requested access to closed areas to                     Fishing Permits.                                         All catch would be assessed shoreside
                                                incentivize participation and create                    DATES: Comments must be received on                   via an accompanying DSM program.
                                                additional fishing opportunities for                    or before April 27, 2018.                             The DSM program would have three
                                                healthy stocks. Vessels would be                        ADDRESSES: You may submit written                     primary objectives: (1) Biological
                                                allowed to use hook gear and sink                       comments by either of the following                   sampling; (2) verification of dealer-
                                                gillnets in Closed Area II from May 1                   methods:                                              reported landings, and; (3) fish hold
                                                through February 15, hook gear in                          • Email: nmfs.gar.efp@noaa.gov.                    inspections. Vessels would be
                                                Western Gulf of Maine Closure Area,                     Include in the subject line ‘‘GMRI                    authorized to sell catch, including
                                                and jig gear in Cashes Ledge Closure                    MREM EFP.’’                                           undersized fish, to a limited number of
                                                Area.                                                      • Mail: Michael Pentony, Regional                  dealers. The vessel and dealer would
                                                   If approved, the applicant may                       Administrator, NMFS, Greater Atlantic
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              work with the Center to ensure that a
                                                request minor modifications and                         Regional Fisheries Office, 55 Great                   Federal employee or contract staff is
                                                extensions to the EFP throughout the                    Republic Drive, Gloucester, MA 01930.                 present to observe 100 percent of
                                                year. EFP modifications and extensions                  Mark the outside of the envelope ‘‘GMRI               offloads for this project. The sampler
                                                may be granted without further notice if                MREM EFP.’’                                           would verify dealer landings and collect
                                                they are deemed essential to facilitate                 FOR FURTHER INFORMATION CONTACT:                      biosamples, including length-frequency
                                                completion of the proposed research                     Claire Fitz-Gerald, Fishery Management                data on a subset of fish in each market
                                                and have minimal impacts that do not                    Specialist, 978–281–9255.                             category. The Northeast Region Office of


                                           VerDate Sep<11>2014   19:20 Apr 11, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM   12APN1



Document Created: 2018-11-02 08:15:24
Document Modified: 2018-11-02 08:15:24
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 April 27, 2018.
ContactClaire Fitz-Gerald, Fishery Management Specialist, 978-281-9255.
FR Citation83 FR 15792 
RIN Number0648-XG15

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR