83 FR 17653 - 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 78 (April 23, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 78 (April 23, 2018)
| Page Range | 17653-17655 | |
| FR Document | 2018-08390 |
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)] [Notices] [Pages 17653-17655] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08390] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG165 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 contains all of the required information and warrants further consideration. This Exempted Fishing Permit would exempt one commercial fishing vessel from the Northeast multispecies minimum mesh size and minimum fish size regulations in support of gear research to target healthy haddock and redfish stocks. 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 May 8, 2018. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``GMRI Off-bottom Trawl 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 Off- bottom Trawl EFP.'' FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, 978-281-9232. SUPPLEMENTARY INFORMATION: The Gulf of Maine Research Institute (GMRI) submitted a complete application for an Exempted Fishing Permit (EFP) on March 20, 2018, in support of a 2016 Saltonstall-Kennedy Program project titled ``Complementary testing of off-bottom trawls to target Georges Bank haddock.'' The EFP would exempt one fishing vessel from minimum mesh size requirements at 50 CFR 648.80(a)(3)(ii) and temporarily exempt the vessel from minimum fish size requirements in 50 CFR part 648, subparts B and D through [[Page 17654]] O, for biological sampling purposes only. An EFP for this project was issued during the 2017 fishing year; however, no activity was conducted under the EFP. The project would test the efficacy of an off-bottom trawl fitted with a small-mesh codend to access healthy haddock and redfish stocks while avoiding other groundfish stocks. Additional project objectives include the development of a fuel-efficient trawl that also reduces disruption to benthic habitat. One vessel, the F/V Teresa Marie IV, would conduct a three-phase research plan to test the off-bottom trawl with two different codends: A 4.5-inch (11.43-cm) diamond mesh when targeting redfish; and a 5.1-inch (12.954-cm) square mesh when targeting haddock. The proposed EFP trips for each phase of this project are summarized in Table 1. The proposed off-bottom trawl would require an exemption from the Northeast multispecies minimum mesh size requirements because the codend and extension mesh size would be less than the minimum regulated mesh. The 4.5-inch (11.43-cm) diamond mesh codend was previously authorized for use in the redfish exempted fishery, through a regulatory exemption to sectors, based on the results of previous redfish selectivity research (REDNET). This exemption has been modified a number of times in order to balance the conservation requirements, and economic goals of the fishery. In fishing year 2017, a 5.5-inch (14.0-cm) mesh was authorized within the redfish exemption area. During the REDNET study, substantial catches of redfish with low levels of incidental catch or bycatch of regulated species were observed when using a 4.5-inch (11.43-cm) mesh codend. Under this EFP, testing of the net outfitted with the 4.5-inch (11.43-cm) mesh codend would only occur in the Redfish Exemption Area. The square-mesh 5.1-inch (13.0-cm) codend was selected based on the Canadian haddock fishery, which uses a 5-inch (12.7-cm) square-mesh codend. The Canadian Department of Fisheries and Oceans has also conducted studies on the selectivity of various mesh sizes. This codend mesh size has been approved for use in a previous EFP issued to Atlantic Trawlers Fishing, Inc. Only a small number of trips were taken under that EFP, which limited the ability to produce statistically reliable results. During Phase 1, the captain and crew of the F/V Teresa Marie IV would familiarize themselves with the operation of the off-bottom trawl. Testing would include how to deploy the trawl to a desired operating depth, maintain depth, adjust depth, and haul back. Tow duration could be as short as 30 minutes or as long as 3 to 4 hours, depending on the outcome of the gear testing. A GMRI research technician would be on board to conduct catch sampling and collect data on the performance of the net. Catch is likely to be minimal in this phase; many tows will be conducted in areas where limited catch is expected, as the purpose of this phase to optimize gear performance, not demonstrate catch composition. However, any legal-size groundfish catch would be retained for sale, consistent with the Northeast Multispecies Fishery Management Plan (FMP), and all catch would be attributed against the applicable sector Annual Catch Entitlement (ACE). In Phase 2, the off-bottom trawl would be evaluated during a 5-day controlled study on-board the F/V Teresa Marie IV conducted in August or September 2017. The off-bottom trawl would be tested at two towing speeds (three and four kts) while actively fishing in order to represent normal working conditions. Underwater cameras would be used to film the off-bottom trawl in operation. Catch would be retained for sale and attributed against the applicable sector ACE. Phase 3 would test the off-bottom trawl using both codends under a wide range of commercial conditions to broadly characterize the fishing performance of the net. Phase 3 would include ten 8-day trips occurring from August through December 2017. For Phase 2 and 3, catch would be retained for sale and attributed against the applicable sector ACE. Table 1--Proposed EFP Trips ---------------------------------------------------------------------------------------------------------------- Location Phase Number of DAS per trip Season (statistical Target species trips areas) ---------------------------------------------------------------------------------------------------------------- 1................... 1 5 August/September. 512, 513, 515 (3 Redfish. days). 521, 522 (2 days) Haddock. 2................... 1 5 August/September. 512, 513, 515 (3 Redfish. days). 521, 522 (2 days) Haddock. 3................... 10 8 August-October... 521, 522 (5 days) Haddock. 512, 513, 515 (3 Redfish. days). October-December. 512, 513, 515 (5 Redfish. days). 521, 522 (5 days) Haddock. ---------------------------------------------------------------------------------------------------------------- Catch from the F/V Teresa Marie IV using a haddock separator trawl in fishing year 2016 was used to estimate anticipated catch using the off-bottom trawl for this project. The average catch of haddock per trip was 5,500 lb (2,495 kg) in the Gulf of Maine, 6,400 lb (2,903 kg) in the Eastern U.S./Canada management area of Georges Bank, and 22,300 lb (10,115 kg) in Georges Bank West. The average catch of redfish in the Gulf of Maine was 2,000 lb (907 kg) per trip. The average catch of cod per trip was 180 lb (82 kg) in the Gulf of Maine, 70 lb (32 kg) in the Eastern U.S./Canada management area of Georges Bank, and 530 lb (240 kg) in Georges Bank West. The off-bottom trawl is expected to catch at least as much haddock as a bottom trawl, with substantial reductions in cod catch, and the complete elimination of flatfish catch. If these ratios are not realized, GMRI indicated that the off- bottom trawl would be deemed unsuccessful, and the project may be abandoned. All trips would carry a GMRI sampler, an assigned at-sea observer, or an independently contracted data collection technician. In Phases 1 and 2, a GMRI sampler would be onboard to document the operational performance of the off-bottom trawl, and sample catch. In Phase 3, a GMRI sampler would be onboard the F/V Teresa Marie IV during at least two fishing trips. An assigned at-sea observer or independent contracted data collection technician would collect data during remaining trips with the off-bottom trawl. The volume of the catch is anticipated to be large, so sub-sampling protocols have been developed. A sub-sample of the total catch would be taken from the checker pens to estimate total catch, including cod and other non-target [[Page 17655]] species by weight. All fish in the sub-sample would be weighed, and length measurements would be taken for cod and other non-target catch. All bycatch would be returned to the sea as soon as practicable following data collection. Exemption from minimum sizes would support catch sampling activities and ensure the vessel is not in conflict with possession regulations while collecting catch data. All trips would otherwise be conducted in a manner consistent with normal commercial fishing conditions and catch consistent with the Northeast Multispecies FMP would be retained for sale. Trips not accompanied by GMRI researchers would be required to carry an At-Sea Monitor (ASM), Northeast Fishery Observer Program (NEFOP) observer, or privately contracted data collection technician. On trips assigned to carry an ASM or observer by NEFOP, normal sampling protocols would be carried out. The vessel is responsible for notifying its monitoring provider of upcoming research trips and ensuring a research technician is present on all EFP trips not selected for observer coverage through Pre-Trip Notification System. GMRI needs this exemption to allow them to conduct testing of a net configuration that is prohibited by the current regulations. 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 18, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-08390 Filed 4-20-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices 17653
number of participants, and a list of the Excluded from the scope of the DEPARTMENT OF COMMERCE
issues to be discussed. If a request for investigation is aluminum can stock, which
a hearing is made, Commerce intends to is suitable for use in the manufacture of National Oceanic and Atmospheric
hold the hearing at the U.S. Department aluminum beverage cans, lids of such cans, Administration
of Commerce, 1401 Constitution Avenue or tabs used to open such cans. Aluminum
RIN 0648–XG165
NW, Washington, DC 20230, at a time can stock is produced to gauges that range
and date to be determined. Parties from 0.200 mm to 0.292 mm, and has an H– Magnuson-Stevens Act Provisions;
should confirm by telephone the date, 19, H–41, H–48, or H–391 temper. In General Provisions for Domestic
time, and location of the hearing two addition, aluminum can stock has a lubricant Fisheries; Application for Exempted
days before the scheduled date. applied to the flat surfaces of the can stock
Fishing Permits
to facilitate its movement through machines
International Trade Commission used in the manufacture of beverage cans. AGENCY: National Marine Fisheries
Notification Aluminum can stock is properly classified Service (NMFS), National Oceanic and
In accordance with section 703(f) of under Harmonized Tariff Schedule of the Atmospheric Administration (NOAA),
the Act, Commerce will notify the United States (HTSUS) subheadings Commerce.
International Trade Commission (ITC) of 7606.12.3045 and 7606.12.3055. ACTION: Notice; request for comments.
its determination. If the final Where the nominal and actual
determination is affirmative, the ITC measurements vary, a product is within the SUMMARY: The Assistant Regional
will determine before the later of 120 scope if application of either the nominal or Administrator for Sustainable Fisheries,
days after the date of this preliminary actual measurement would place it within Greater Atlantic Region, NMFS, has
determination or 45 days after the final the scope based on the definitions set for the made a preliminary determination that
above. an Exempted Fishing Permit application
determination.
Common alloy sheet is currently contains all of the required information
Notification to Interested Parties classifiable under HTSUS subheadings and warrants further consideration. This
This determination is issued and 7606.11.3060, 7606.11.6000, 7606.12.3090, Exempted Fishing Permit would exempt
published pursuant to sections 703(f) 7606.12.6000, 7606.91.3090, 7606.91.6080, one commercial fishing vessel from the
7606.92.3090, and 7606.92.6080. Further, Northeast multispecies minimum mesh
and 777(i) of the Act and 19 CFR
merchandise that falls within the scope of size and minimum fish size regulations
351.205(c).
these investigation may also be entered into in support of gear research to target
Dated: April 16, 2018. the United States under HTSUS subheadings healthy haddock and redfish stocks.
Gary Taverman, 7606.11.3030, 7606.12.3030, 7606.91.3060, Regulations under the Magnuson-
Deputy Assistant Secretary for Antidumping 7606.91.6040, 7606.92.3060, 7606.92.6040, Stevens Fishery Conservation and
and Countervailing Duty Operations, 7607.11.9090. Although the HTSUS Management Act require publication of
performing the non-exclusive functions and subheadings are provided for convenience this notification to provide interested
duties of the Assistant Secretary for and customs purposes, the written
Enforcement and Compliance. parties the opportunity to comment on
description of the scope of this investigation applications for proposed Exempted
Appendix I is dispositive. Fishing Permits.
DATES: Comments must be received on
Scope of the Investigation Appendix II
or before May 8, 2018.
The merchandise covered by the
List of Topics Discussed in the Preliminary ADDRESSES: You may submit written
investigation is aluminum common alloy
sheet (common alloy sheet), which is a flat- Decision Memorandum comments by any of the following
rolled aluminum product having a thickness I. Summary methods:
of 6.3 mm or less, but greater than 0.2 mm, II. Background • Email: nmfs.gar.efp@noaa.gov.
in coils or cut-to-length, regardless of width. III. Scope Comments Include in the subject line ‘‘GMRI Off-
Common alloy sheet within the scope of the IV. Scope of the Investigation bottom Trawl EFP.’’
investigation includes both not clad
V. Injury Test • Mail: Michael Pentony, Regional
aluminum sheet, as well as multi-alloy, clad Administrator, NMFS, Greater Atlantic
aluminum sheet. With respect to not clad VI. Preliminary Determination of Critical
Circumstances Regional Fisheries Office, 55 Great
aluminum sheet, common alloy sheet is
VII. Application of the CVD Law to Imports Republic Drive, Gloucester, MA 01930.
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the From China Mark the outside of the envelope ‘‘GMRI
Aluminum Association. With respect to VIII. Subsidies Valuation Off-bottom Trawl EFP.’’
multi-alloy, clad aluminum sheet, common IX. Benchmarks and Interest Rates FOR FURTHER INFORMATION CONTACT:
alloy sheet is produced from a 3XXX-series X. Use of Facts Otherwise Available and Spencer Talmage, Fishery Management
core, to which cladding layers are applied to Adverse Inferences Specialist, 978–281–9232.
either one or both sides of the core. XI. Analysis of Programs SUPPLEMENTARY INFORMATION: The Gulf
Common alloy sheet may be made to XII. ITC Notification
ASTM specification B209–14, but can also be of Maine Research Institute (GMRI)
XIII. Disclosure and Public Comment submitted a complete application for an
made to other specifications. Regardless of
specification, however, all common alloy XIV. Verification Exempted Fishing Permit (EFP) on
sheet meeting the scope description is XV. Conclusion March 20, 2018, in support of a 2016
included in the scope. Subject merchandise [FR Doc. 2018–08391 Filed 4–20–18; 8:45 am] Saltonstall-Kennedy Program project
includes common alloy sheet that has been BILLING CODE 3510–DS–P titled ‘‘Complementary testing of off-
further processed in a third country,
amozie on DSK30RV082PROD with NOTICES
bottom trawls to target Georges Bank
including but not limited to annealing, haddock.’’ The EFP would exempt one
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
fishing vessel from minimum mesh size
other processing that would not otherwise requirements at 50 CFR 648.80(a)(3)(ii)
remove the merchandise from the scope of and temporarily exempt the vessel from
the investigation if performed in the country minimum fish size requirements in 50
of manufacture of the common alloy sheet. CFR part 648, subparts B and D through
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![Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices 17655
species by weight. All fish in the sub- throughout the year. EFP modifications been issued to the following entities
sample would be weighed, and length and extensions may be granted without under the Marine Mammal Protection
measurements would be taken for cod further notice if they are deemed Act (MMPA) and the Endangered
and other non-target catch. All bycatch essential to facilitate completion of the Species Act (ESA), as applicable.
would be returned to the sea as soon as proposed research and have minimal
practicable following data collection. impacts that do not change the scope or ADDRESSES: The permits and related
Exemption from minimum sizes would impact of the initially approved EFP documents are available for review
support catch sampling activities and request. Any fishing activity conducted upon written request or by appointment
ensure the vessel is not in conflict with outside the scope of the exempted in the Permits and Conservation
possession regulations while collecting fishing activity would be prohibited. Division, Office of Protected Resources,
catch data. All trips would otherwise be Authority: 16 U.S.C. 1801 et seq.
NMFS, 1315 East-West Highway, Room
conducted in a manner consistent with 13705, Silver Spring, MD 20910; phone:
Dated: April 18, 2018. (301) 427–8401; fax: (301) 713–0376.
normal commercial fishing conditions
Jennifer M. Wallace,
and catch consistent with the Northeast FOR FURTHER INFORMATION CONTACT:
Multispecies FMP would be retained for Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. Jennifer Skidmore (Permit No. 21339),
sale. Trips not accompanied by GMRI Erin Markin (Permit Nos. 21169 and
[FR Doc. 2018–08390 Filed 4–20–18; 8:45 am]
researchers would be required to carry 21301), Amy Hapeman (Permit No.
an At-Sea Monitor (ASM), Northeast BILLING CODE 3510–22–P
21367); Courtney Smith (Permit Nos.
Fishery Observer Program (NEFOP)
16479–04 and 21059), Carrie Hubard
observer, or privately contracted data
DEPARTMENT OF COMMERCE (Permit Nos. 19655–01, 19703, and
collection technician. On trips assigned
20993), and Shasta McClenahan (Permit
to carry an ASM or observer by NEFOP, National Oceanic and Atmospheric No. 21966) at (301) 427–8401.
normal sampling protocols would be Administration
carried out. The vessel is responsible for SUPPLEMENTARY INFORMATION: Notices
notifying its monitoring provider of Marine Mammals and Endangered were published in the Federal Register
upcoming research trips and ensuring a Species on the dates listed below that requests
research technician is present on all EFP for a permit or permit amendment had
trips not selected for observer coverage AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and been submitted by the below-named
through Pre-Trip Notification System. applicants. To locate the Federal
Atmospheric Administration (NOAA),
GMRI needs this exemption to allow Commerce. Register notice that announced our
them to conduct testing of a net receipt of the application and a
ACTION: Notice; issuance of permits and
configuration that is prohibited by the permit amendments. complete description of the research, go
current regulations. If approved, the to www.federalregister.gov and search
applicant may request minor SUMMARY: Notice is hereby given that on the permit number provided in the
modifications and extensions to the EFP permits or permit amendments have table below.
Permit or
Previous Federal Register
Permit No. RIN Applicant Amendment
notice issuance date
16479–04 0648–XA84 .. Pacific Whale Foundation (Responsible Party: Jens Curie, 82 FR 29053; June 27, 2017 .. March 28, 2018.
M.Sc.), 300 Maalaea Road, Suite 211, Wailuku, HI 96793.
19655–01 0648–XF085 Adam Pack, Ph.D., University of Hawaii at Hilo, 200 West 82 FR 3727; January 12, 2017 March 30, 2018.
Kawili Street, Hilo, HI 96720.
19703 ...... 0648–XF154 Fred Sharpe, Ph.D., Alaska Whale Foundation, 4739 Univer- 82 FR 4860; January 17, 2017 March 30, 2018.
sity Way NE, No. 1230, Seattle, WA 98105.
20993 ...... 0648–XF154 Christopher Cilfone, Be Blue, 2569 Douglas Highway, Unit 1, 82 FR 29053; June 27, 2017 .. March 12, 2018.
Juneau, AK 99801.
21059 ...... 0648–XF378 Glacier Bay National Park and Preserve (Responsible Party: 82 FR 32328; July 13, 2017 .... March 30, 2018.
Philip N. Hooge, Ph.D.), P.O. Box 140, Gustavus, AK 99826.
21169 ...... 0648–XF619 Inwater Research Group, Inc. (Responsible Party: Michael 82 FR 42984; September 12, March 9, 2018.
Bresette), 4160 NE Hyline Drive, Jensen Beach, FL 34957. 2017.
21301 ...... 0648–XF528 Kara Dodge, Woods Hole Oceanographic Institution, MS#33, 82 FR 41001; August 29, 2017 March 9, 2018.
Redfield 256, Woods Hole, MA 02543.
21367 ...... 0648–XF862 Christopher Marshall, Ph.D., Texas A&M University at Gal- 82 FR 60588; December 21, March 16, 2018.
veston, 200 Seawolf Parkway, Galveston, TX 77553. 2017.
21339 ...... 0648–XF871 Kerri Smith, University of Texas at El Paso, 500 West Univer- 82 FR 57730; December 7, March 15, 2018.
sity Ave., El Paso, TX 79968. 2017.
21966 ...... 0645–XG026 Mystic Aquarium (Responsible Party: Katie Cubina), 55 83 FR 8437; February 27, March 30, 2018.
Coogan Boulevard, Mystic, CT 06355. 2018.
In compliance with the National As required by the ESA, as applicable, policies set forth in Section 2 of the
Environmental Policy Act of 1969 (42 issuance of these permit was based on ESA.
amozie on DSK30RV082PROD with NOTICES
U.S.C. 4321 et seq.), a final a finding that such permits: (1) Were Authority: The requested permits have
determination has been made that the applied for in good faith; (2) will not been issued under the Marine Mammal
activities proposed are categorically operate to the disadvantage of such Protection Act of 1972, as amended (16
excluded from the requirement to endangered species; and (3) are U.S.C. 1361 et seq.), the regulations
prepare an environmental assessment or consistent with the purposes and governing the taking and importing of marine
environmental impact statement. mammals (50 CFR part 216), the Endangered
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Document Created: 2018-04-21 00:32:42
Document Modified: 2018-04-21 00:32:42
| 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 May 8, 2018. | |
| Contact | Spencer Talmage, Fishery Management Specialist, 978-281-9232. | |
| FR Citation | 83 FR 17653 | |
| RIN Number | 0648-XG16 |
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