83 FR 15793 - 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)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 71 (April 12, 2018)
| Page Range | 15793-15794 | |
| FR Document | 2018-07583 |
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)] [Notices] [Pages 15793-15794] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07583] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG150 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 Gulf of Maine Research Institute contains all of the required information and warrants further consideration. The exempted fishing permit would allow the use of electronic monitoring to support testing a maximized retention model in the groundfish fishery. 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 ``GMRI MREM 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 ``GMRI MREM 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. A sector is allowed to 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 an alternative to ASM, but is working with industry and other stakeholders to develop EM for catch monitoring in the groundfish fishery. For the groundfish fishery, the program designs currently being considered are the ``audit model'' and the ``maximized retention model.'' The audit model would use EM to verify discards reported by a captain on a vessel trip report. Under the maximized retention electronic monitoring (MREM) model, vessels would be required to retain most fish species (e.g., allocated groundfish stocks), and EM would be used to ensure compliance with discarding regulations. GMRI submitted an exempted fishing permit (EFP) application to test a maximized retention electronic monitoring (MREM) model and an accompanying dockside monitoring (DSM) program to monitor high-volume bottom-trawl vessels in the groundfish fleet. Vessels would be outfitted with EM systems (cameras and gear sensors), and the cameras would be on for 100 percent of groundfish trips. The EFP would require participating vessels to retain and land all catch of allocated groundfish, including undersized fish that they would normally be required to discard. All other species would be handled per normal commercial fishing operations. An EM service provider would review 100 percent of the video footage to verify that the vessels did not discard allocated groundfish. NMFS Northeast Fisheries Science Center staff would conduct a secondary review of 100 percent of the video footage for all trips. All catch would be assessed shoreside via an accompanying DSM program. The DSM program would have three primary objectives: (1) Biological sampling; (2) verification of dealer-reported landings, and; (3) fish hold inspections. Vessels would be authorized to sell catch, including undersized fish, to a limited number of dealers. The vessel and dealer would work with the Center to ensure that a Federal employee or contract staff is present to observe 100 percent of offloads for this project. The sampler would verify dealer landings and collect biosamples, including length-frequency data on a subset of fish in each market category. The Northeast Region Office of [[Page 15794]] Law Enforcement would randomly inspect fish holds on approximately 10 percent of EFP trips. Because vessels would be fully monitored, GMRI also requested exemptions to incentivize participation in the project and increase fishing opportunities for healthy stocks. The EFP would allow vessels to use the codend configuration used in the Canadian haddock fishery (5.1-inch (13.0-cm) square mesh codend) and/or the codend configuration tested in the REDNET project (4.5-inch (11.4-cm) diamond mesh codend). This exemption is intended to improve size selectivity and increase catch of target species, while avoiding groundfish species of concern. The applicant also requested access to portions of Closed Area II. Vessels would be allowed to fish in the non-essential fish habitat portions of Closed Areas I and II from May 1 through February 15. Vessels would not be allowed to fish in the area from February 16 through April 30 as fishing activity during this time may negatively affect Georges Bank cod and haddock spawning. The applicant states that, due to the distribution and movement of groundfish stocks, this exemption would improve vessels' ability to selectively target healthy groundfish stocks. The EFP application also requested an exemption from sector third- party ASM requirements. We do not intend to grant this requested exemption. Participating vessels would still be required to discard non-allocated groundfish stocks (e.g. ocean pout, wolffish, windowpane flounder) and adhere to possession limits for certain groundfish stocks (e.g. halibut) and non-groundfish species ((e.g. monkfish, dogfish, skate). NMFS applies assumed discard rates to all trips to estimate catch for non-allocated groundfish and non-groundfish species. These discard rates are calculated from the data that at-sea monitors collect. Therefore, continued ASM coverage for participating vessels is necessary to collect catch and discard information on a subset of EFP trips to derive assumed discard rate values. These vessels would carry ASM coverage at the standard level required for sectors, which is 15 percent for the 2018 fishing year. Northeast Fishery Observer Program observers would not be deployed on these vessels because their fishing activity is not consistent with the Standardized Bycatch Reporting Methodology sampling design. This EFP would cover fishing trips that occur in the 2018 and 2019 fishing years. NMFS would authorize a maximum of eight bottom-trawl vessels to participate. All catch of groundfish stocks allocated to sectors would be deducted from the appropriate sector's allocation for each groundfish stock. Because this is a maximized retention program, vessels would not be permitted to discard legal unmarketable fish for allocated groundfish stocks, regardless of whether the vessel holds a sector exemption to do so through its operations plan. 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. 2018-07583 Filed 4-11-18; 8:45 am] BILLING CODE 3510-22-P
![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
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![15794 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices
Law Enforcement would randomly to participate. All catch of groundfish parties the opportunity to comment on
inspect fish holds on approximately 10 stocks allocated to sectors would be applications for proposed Exempted
percent of EFP trips. deducted from the appropriate sector’s Fishing Permits.
Because vessels would be fully allocation for each groundfish stock. DATES: Comments must be received on
monitored, GMRI also requested Because this is a maximized retention or before April 27, 2018.
exemptions to incentivize participation program, vessels would not be
in the project and increase fishing ADDRESSES: You may submit written
permitted to discard legal unmarketable
opportunities for healthy stocks. The comments by either of the following
fish for allocated groundfish stocks,
EFP would allow vessels to use the methods:
regardless of whether the vessel holds a
codend configuration used in the sector exemption to do so through its • Email: nmfs.gar.efp@noaa.gov.
Canadian haddock fishery (5.1-inch operations plan. Include in the subject line ‘‘TNC EM
(13.0-cm) square mesh codend) and/or If approved, the applicant may EFP RENEWAL.’’
the codend configuration tested in the request minor modifications and • Mail: Michael Pentony, Regional
REDNET project (4.5-inch (11.4-cm) extensions to the EFP throughout the Administrator, NMFS, Greater Atlantic
diamond mesh codend). This exemption year. EFP modifications and extensions Regional Fisheries Office, 55 Great
is intended to improve size selectivity may be granted without further notice if Republic Drive, Gloucester, MA 01930.
and increase catch of target species, they are deemed essential to facilitate Mark the outside of the envelope ‘‘TNC
while avoiding groundfish species of completion of the proposed research EM EFP RENEWAL.’’
concern. and have minimal impacts that do not FOR FURTHER INFORMATION CONTACT:
The applicant also requested access to change the scope or impact of the Claire Fitz-Gerald, Groundfish Fishery
portions of Closed Area II. Vessels initially approved EFP request. Any Management Specialist, 978–281–9255.
would be allowed to fish in the non- fishing activity conducted outside the SUPPLEMENTARY INFORMATION:
essential fish habitat portions of Closed scope of the exempted fishing activity Groundfish sectors are required to
Areas I and II from May 1 through would be prohibited. implement and fund an at-sea
February 15. Vessels would not be
Authority: 16 U.S.C. 1801 et seq. monitoring (ASM) program. Sectors may
allowed to fish in the area from
use electronic monitoring (EM) to satisfy
February 16 through April 30 as fishing Dated: April 9, 2018.
this monitoring requirement, provided
activity during this time may negatively Jennifer M. Wallace,
NMFS deems the technology sufficient
affect Georges Bank cod and haddock Acting Director, Office of Sustainable for catch monitoring. NMFS has yet to
spawning. The applicant states that, due Fisheries, National Marine Fisheries Service.
approve EM as a suitable alternative to
to the distribution and movement of [FR Doc. 2018–07583 Filed 4–11–18; 8:45 am] ASM. However, we are working with
groundfish stocks, this exemption
would improve vessels’ ability to
BILLING CODE 3510–22–P industry and other stakeholders to test
selectively target healthy groundfish the operational feasibility of EM and
stocks. resolve outstanding issues that are
DEPARTMENT OF COMMERCE barriers to implementation.
The EFP application also requested an
exemption from sector third-party ASM National Oceanic and Atmospheric In fishing year 2016, The Nature
requirements. We do not intend to grant Administration Conservancy, in partnership with the
this requested exemption. Participating Cape Cod Commercial Fishermen’s
RIN 0648–XG151 Alliance; the Maine Coast Fishermen’s
vessels would still be required to
discard non-allocated groundfish stocks Association; and, the Gulf of Maine
Magnuson-Stevens Act Provisions; Research Institute; and fishermen from
(e.g. ocean pout, wolffish, windowpane General Provisions for Domestic
flounder) and adhere to possession the Northeast Fishery Sectors V & XI,
Fisheries; Application for Exempted the GB Cod Fixed Gear Sector, the
limits for certain groundfish stocks (e.g. Fishing Permits
halibut) and non-groundfish species Sustainable Harvest Sector, and the
((e.g. monkfish, dogfish, skate). NMFS AGENCY: National Marine Fisheries Maine Coast Community Sector;
applies assumed discard rates to all Service (NMFS), National Oceanic and obtained an exempted fishing permit
trips to estimate catch for non-allocated Atmospheric Administration (NOAA), (EFP) for vessels to use EM systems in
groundfish and non-groundfish species. Commerce. lieu of human observers to meet their
These discard rates are calculated from ACTION: Notice; request for comments. ASM requirements. Fourteen vessels
the data that at-sea monitors collect. participated in the project, and 52 EFP
Therefore, continued ASM coverage for SUMMARY: The Acting Assistant Regional trips were completed. In fishing year
participating vessels is necessary to Administrator for Sustainable Fisheries, 2017, the project partners submitted a
collect catch and discard information on Greater Atlantic Region, NMFS, has renewal request for this EFP as well as
a subset of EFP trips to derive assumed made a preliminary determination that an additional EFP application for a 100-
discard rate values. These vessels would an exempted fishing permit application percent EM project. Both EFPs were
carry ASM coverage at the standard submitted by The Nature Conservancy issued; 13 vessels participated in the
level required for sectors, which is 15 contains all of the required information 100-percent EFP and 5 vessels
percent for the 2018 fishing year. and warrants further consideration. This participated in this EFP. Thirty-seven
Northeast Fishery Observer Program exempted fishing permit would allow EFP trips were completed this year to
observers would not be deployed on participants to use electronic date under this EFP.
monitoring systems in lieu of at-sea The project partners have submitted a
sradovich on DSK3GMQ082PROD with NOTICES
these vessels because their fishing
activity is not consistent with the monitors in support of a study to renewal request for this EFP for the
Standardized Bycatch Reporting develop electronic monitoring for catch 2018 fishing year. The proposed
Methodology sampling design. monitoring in the groundfish fishery. participant list includes five vessels, all
This EFP would cover fishing trips Regulations under the Magnuson- of which participated in this EFP in
that occur in the 2018 and 2019 fishing Stevens Fishery Conservation and fishing year 2017. Together, they are
years. NMFS would authorize a Management Act require publication of expected to take an estimated 225 trips
maximum of eight bottom-trawl vessels this notification to provide interested in fishing year 2018. At 15-percent
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Document Created: 2018-11-02 08:14:42
Document Modified: 2018-11-02 08:14:42
| 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 April 27, 2018. | |
| Contact | Claire Fitz-Gerald, Fishery Management Specialist, 978-281-9255. | |
| FR Citation | 83 FR 15793 | |
| RIN Number | 0648-XG15 |
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