83 FR 15794 - 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 | 15794-15795 | |
| FR Document | 2018-07595 |
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)] [Notices] [Pages 15794-15795] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07595] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG151 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 Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an exempted fishing permit application submitted by The Nature Conservancy contains all of the required information and warrants further consideration. This exempted fishing permit would allow participants to use electronic monitoring systems in lieu of at- sea monitors in support of a study to develop electronic monitoring for catch monitoring 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 ``TNC EM EFP RENEWAL.'' Mail: Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ``TNC EM EFP RENEWAL.'' FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Groundfish 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 NMFS deems the technology sufficient for catch monitoring. NMFS has yet to approve EM as a suitable alternative to ASM. However, we are working with industry and other stakeholders to test the operational feasibility of EM and resolve outstanding issues that are barriers to implementation. In fishing year 2016, The Nature Conservancy, in partnership with the Cape Cod Commercial Fishermen's Alliance; the Maine Coast Fishermen's Association; and, 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; obtained an exempted fishing permit (EFP) for vessels to use EM systems in lieu of human observers to meet their ASM requirements. Fourteen vessels participated in the project, and 52 EFP trips were completed. In fishing year 2017, the project partners submitted a renewal request for this EFP as well as an additional EFP application for a 100-percent EM project. Both EFPs were issued; 13 vessels participated in the 100-percent EFP and 5 vessels participated in this EFP. Thirty-seven EFP trips were completed this year to date under this EFP. The project partners have submitted a renewal request for this EFP for the 2018 fishing year. The proposed participant list includes five vessels, all of which participated in this EFP in fishing year 2017. Together, they are expected to take an estimated 225 trips in fishing year 2018. At 15-percent [[Page 15795]] observer coverage, this would equate to roughly 30-35 EFP trips. Vessels participating in this EFP would use EM in lieu of human ASMs, and in addition to Northeast Fishery Observer Program (NEFOP) observers, on groundfish trips selected for observer coverage. Vessels would adhere to a vessel-specific Vessel Monitoring Plan (VMP) detailing at-sea catch handling protocols. An EM service provider would review 100 percent of the video footage. The provider would also produce an EM summary report identifying, counting, and generating weight estimates for all groundfish discards, which it would submit to the NMFS Greater Atlantic Fisheries Regional Office. These data would be used for catch accounting purposes on trips selected for ASM coverage. EM data would not be used for catch accounting in place of observer data on NEFOP trips, but the information generated would facilitate comparisons between cameras and human observers. The Northeast Fisheries Science Center would conduct a secondary review of the EM summary reports for a subset of EFP trips. Under this EFP, vessels would be exempt from their sector's monitoring program requirement only, and all other standard sector reporting and monitoring requirements would still apply, such as using dealer-reported landings and vessel trip reports. Vessels would be assigned observer coverage at the standard ASM coverage level of 15 percent, which is a combination of NEFOP and ASM coverage. All catch of allocated groundfish stocks would be deducted from the appropriate sector's allocation. Legal-sized regulated groundfish would be retained and landed, as required by the Northeast Multispecies Fishery Management Plan. Undersized groundfish would be handled according to the VMP guidelines in view of cameras and returned to the sea as quickly as possible. All other species would be handled per normal commercial fishing operations. No legal-size regulated groundfish would be discarded, unless otherwise permitted through regulatory exemptions granted to the participating vessel's sector. 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 Sustaianble Fisheries, National Marine Fisheries Service. [FR Doc. 2018-07595 Filed 4-11-18; 8:45 am] BILLING CODE 3510-22-P
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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
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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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![Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15795
observer coverage, this would equate to scope of the exempted fishing activity attachments, must not exceed a 25-
roughly 30–35 EFP trips. would be prohibited. megabyte file size. Attachments to
Vessels participating in this EFP Authority: 16 U.S.C. 1801 et seq. electronic comments will be accepted in
would use EM in lieu of human ASMs, Microsoft Word or Excel or Adobe PDF
and in addition to Northeast Fishery Dated: April 9, 2018.
file formats only. All comments
Observer Program (NEFOP) observers, Jennifer M. Wallace, received are a part of the public record
on groundfish trips selected for observer Acting Director, Office of Sustaianble and will generally be posted online at
coverage. Vessels would adhere to a Fisheries, National Marine Fisheries Service. https://www.fisheries.noaa.gov/node/
vessel-specific Vessel Monitoring Plan [FR Doc. 2018–07595 Filed 4–11–18; 8:45 am] 23111 without change. All personal
(VMP) detailing at-sea catch handling BILLING CODE 3510–22–P identifying information (e.g., name,
protocols. An EM service provider address) voluntarily submitted by the
would review 100 percent of the video commenter may be publicly accessible.
footage. The provider would also DEPARTMENT OF COMMERCE Do not submit confidential business
produce an EM summary report information or otherwise sensitive or
identifying, counting, and generating National Oceanic and Atmospheric
protected information.
weight estimates for all groundfish Administration
FOR FURTHER INFORMATION CONTACT: Sara
discards, which it would submit to the RIN 0648–XG059 Young, Office of Protected Resources,
NMFS Greater Atlantic Fisheries NMFS, (301) 427–8401. Electronic
Regional Office. These data would be Takes of Marine Mammals Incidental to copies of the application and supporting
used for catch accounting purposes on Specified Activities; Taking Marine documents, as well as a list of the
trips selected for ASM coverage. EM Mammals Incidental to Demolition and references cited in this document, may
data would not be used for catch Reuse of the Original East Span of the be obtained online at: https://
accounting in place of observer data on San Francisco-Oakland Bay Bridge www.fisheries.noaa.gov/national/
NEFOP trips, but the information
AGENCY: National Marine Fisheries marine-mammal-protection/incidental-
generated would facilitate comparisons
Service (NMFS), National Oceanic and take-authorizations-construction-
between cameras and human observers.
Atmospheric Administration (NOAA), activities. In case of problems accessing
The Northeast Fisheries Science Center
Commerce. these documents, please call the contact
would conduct a secondary review of
ACTION: Notice; proposed incidental listed above.
the EM summary reports for a subset of
EFP trips. harassment authorization; request for SUPPLEMENTARY INFORMATION:
Under this EFP, vessels would be comments.
Background
exempt from their sector’s monitoring
SUMMARY: NMFS has received a request Sections 101(a)(5)(A) and (D) of the
program requirement only, and all other
from the California Department of MMPA (16 U.S.C. 1361 et seq.) direct
standard sector reporting and
Transportation (Caltrans) for the Secretary of Commerce (as delegated
monitoring requirements would still
authorization to take marine mammals to NMFS) to allow, upon request, the
apply, such as using dealer-reported
during the dismantling and reuse of the incidental, but not intentional, taking of
landings and vessel trip reports. Vessels
original East Span of the San Francisco- small numbers of marine mammals by
would be assigned observer coverage at
the standard ASM coverage level of 15 Oakland Bay Bridge (SFOBB) in the San U.S. citizens who engage in a specified
percent, which is a combination of Francisco Bay (SFB). Pursuant to the activity (other than commercial fishing)
NEFOP and ASM coverage. All catch of Marine Mammal Protection Act within a specified geographical region if
allocated groundfish stocks would be (MMPA), NMFS is requesting comments certain findings are made and either
deducted from the appropriate sector’s on its proposal to issue an incidental regulations are issued or, if the taking is
allocation. Legal-sized regulated harassment authorization (IHA) to limited to harassment, a notice of a
groundfish would be retained and incidentally take marine mammals proposed authorization is provided to
landed, as required by the Northeast during the specified activities. NMFS the public for review.
Multispecies Fishery Management Plan. will consider public comments prior to An authorization for incidental
Undersized groundfish would be making any final decision on the takings shall be granted if NMFS finds
handled according to the VMP issuance of the requested MMPA that the taking will have a negligible
guidelines in view of cameras and authorizations and agency responses impact on the species or stock(s), will
returned to the sea as quickly as will be summarized in the final notice not have an unmitigable adverse impact
possible. All other species would be of our decision. on the availability of the species or
handled per normal commercial fishing DATES: Comments and information must stock(s) for subsistence uses (where
operations. No legal-size regulated be received no later than May 14, 2018. relevant), and if the permissible
groundfish would be discarded, unless ADDRESSES: Comments should be methods of taking and requirements
otherwise permitted through regulatory addressed to Jolie Harrison, Chief, pertaining to the mitigation, monitoring
exemptions granted to the participating Permits and Conservation Division, and reporting of such takings are set
vessel’s sector. Office of Protected Resources, National forth.
If approved, the applicant may Marine Fisheries Service. Physical NMFS has defined ‘‘negligible
request minor modifications and comments should be sent to 1315 East- impact’’ in 50 CFR 216.103 as an impact
extensions to the EFP throughout the West Highway, Silver Spring, MD 20910 resulting from the specified activity that
year. EFP modifications and extensions cannot be reasonably expected to, and is
sradovich on DSK3GMQ082PROD with NOTICES
and electronic comments should be sent
may be granted without further notice if to ITP.Young@noaa.gov. not reasonably likely to, adversely affect
they are deemed essential to facilitate Instructions: NMFS is not responsible the species or stock through effects on
completion of the proposed research for comments sent by any other method, annual rates of recruitment or survival.
and have minimal impacts that do not to any other address or individual, or The MMPA states that the term ‘‘take’’
change the scope or impact of the received after the end of the comment means to harass, hunt, capture, kill or
initially approved EFP request. Any period. Comments received attempt to harass, hunt, capture, or kill
fishing activity conducted outside the electronically, including all any marine mammal.
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Document Created: 2018-11-02 08:15:39
Document Modified: 2018-11-02 08:15:39
| 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, Groundfish Fishery Management Specialist, 978-281-9255. | |
| FR Citation | 83 FR 15794 | |
| RIN Number | 0648-XG15 |
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