83 FR 38286 - 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 151 (August 6, 2018)

Page Range		38286-38287
FR Document		2018-16770

The Acting 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 allow four commercial fishing vessels, directed by Coonamessett Farm Foundation, to be exempt from Atlantic sea scallop regulations for the purpose of bycatch reduction research. 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 151 (Monday, August 6, 2018)

[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Pages 38286-38287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG385


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 contains all 
of the required information and warrants further consideration. This 
Exempted Fishing Permit would allow four commercial fishing vessels, 
directed by Coonamessett Farm Foundation, to be exempt from Atlantic 
sea scallop regulations for the purpose of bycatch reduction research.
    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 August 21, 2018.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: NMFS.GAR.EFP@noaa.gov. Include in the subject line 
``Comments on CFF Extended Link Apron EFP.''
     Mail: Michael Pentony, Regional Administrator, NMFS, NE 
Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark 
the outside of the envelope ``Comments on CFF Extended Link Apron 
EFP.''

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

SUPPLEMENTARY INFORMATION: Coonamessett Farm Foundation (CFF) submitted 
a complete application for an Exempted Fishing Permit (EFP) on July 10, 
2018, to conduct commercial fishing activities that the regulations 
would otherwise restrict. The EFP would authorize vessels to test the 
efficacy of an extended link scallop dredge apron at reducing the 
capture of yellowtail and windowpane flounder and small scallops over 
the duration of four directed research cruises. The EFP would support 
research associated with a project titled ``Development of an Extended 
Link Apron: A Broad Range Tool for Bycatch Reduction,'' that has been 
funded under the 2017 Atlantic Sea Scallop Research Set-Aside (RSA) 
Program.
    CFF is requesting exemptions that would exempt four commercial 
fishing vessels from the following regulations:
     Atlantic sea scallop days-at-sea (DAS) allocations at 50 
CFR 648.53(b);
     Crew size restrictions at Sec.  648.51(c);
     Dredge gear restrictions for minimum mesh size at Sec.  
648.51(b)(2) and gear obstructions at Sec.  648.51(b)(4)(iii);
     Atlantic sea scallop observer program requirements at 
Sec.  648.11(g);
     Access area program requirements at Sec.  648.59(a)(1)-
(3), (b)(2), (b)(4);
     Rotational closed area exemptions for Closed Area I Access 
Area at Sec.  648.60(c), Closed Area II Access Area at Sec.  648.60(d), 
and all four of the Nantucket Lightship areas at Sec.  648.60(e)-(h); 
and
     Possession limits and minimum size requirements specified 
in 50 CFR part 648, subpart B and subparts D through O, to allow 
temporary possession for biological sampling.
    Any fishing activity conducted outside the scope of the exempted 
fishing activity would be prohibited.
    The project would consist of conduct four, 7-day research trips for 
a total of 28 days-at-sea on limited access (LA) vessels fishing on 
Georges Bank. All trips will take place from September

[[Page 38287]]

2018 through June 2019. Vessels would complete approximately 55 paired, 
30-minute tows per trip at a standard vessel speed of 4.8 knots. In 
addition to open areas, tows could occur in Closed Area I, Closed Area 
II, or the four Nantucket Lightship Scallop Rotational Areas. The four 
research trips would be centralized around areas with high yellowtail 
and winter flounder bycatch and in areas with a high abundance of 
harvestable size scallops mixed with pre-recruit scallops.
    Vessels would fish two, 15-foot (4.57-m) Turtle Deflector Dredges; 
one dredge would be rigged with a standard apron while the other would 
be rigged with an extended vertical link apron. The project will 
alternate tows with and without the dredge over net over both dredges. 
Standard linking is defined as a single link between ring spaces, and 
the extended link is defined as two links linked together between 
rings. Both dredges would use 4-inch (10.16-cm) rings and a 10-inch 
(25.40-cm) twine top.
    For all tows, the sea scallop catch would be counted into baskets 
and weighed. One basket from each dredge would be randomly selected and 
the scallops would be measured in 5 mm increments to determine size 
selectivity. Finfish catch would be sorted by species and then counted, 
weighed, and measured in 1 mm increments. Depending on the volume of 
scallops and finfish captured, the catch would be subsampled as 
necessary. No catch would be retained for longer than needed to conduct 
sampling and no finfish or scallop catch would be landed for sale. 
Table 1 contains an estimate of the finfish catch anticipated for the 
project.

        Table 1--CFF Extended Link Apron Project Catch Estimates
------------------------------------------------------------------------
                 Species                   Weight (lbs)     Weight (kg)
------------------------------------------------------------------------
Sea Scallop.............................          16,552           7,508
Yellowtail Flounder.....................             549             249
Winter Flounder.........................             803             364
Windowpane Flounder.....................           2,828           1,283
Summer Flounder.........................             943             428
Fourspot Flounder.......................              74              34
American Plaice Flounder................              90              41
Witch Flounder..........................              12               5
Haddock.................................              58              26
Atlantic Cod............................             100              45
Monkfish................................           8,420           3,819
Spiny Dogfish...........................              87              39
Barndoor Skate..........................           1,109             503
NE Skate Complex (excluding barndoor              63,528          28,816
 skate).................................
------------------------------------------------------------------------

    CFF needs these exemptions to allow them to conduct experimental 
dredge towing without being charged DAS, and to deploy gear in closed 
access areas where concentrations of primary bycatch species are 
sufficiently high to provide statistically robust results. Researchers 
also need mesh size and gear obstruction exemptions in order to use the 
dredge net cover. Utilizing the dredge net cover will allow researchers 
to quantify fish that would normally escape through the gear during 
normal fishing operations. Participating vessels need crew size waivers 
to accommodate science personnel, and possession waivers will enable 
researchers to conduct finfish sampling activities. The project would 
be exempt from the sea scallop observer program requirements because 
activities conducted on the trip are not consistent with normal fishing 
operations.
    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: August 1, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-16770 Filed 8-3-18; 8:45 am]
 BILLING CODE 3510-22-P

38286 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices

FOR FURTHER INFORMATION CONTACT: Julia identified in this notice and any issues ADDRESSES: You may submit written
Byrd, SEDAR Coordinator, 4055 Faber arising after publication of this notice comments by any of the following
Place Drive, Suite 201, North that require emergency action under methods:
Charleston, SC 29405; phone: (843) 571– section 305(c) of the Magnuson-Stevens • Email: NMFS.GAR.EFP@noaa.gov.
4366; email: julia.byrd@safmc.net. Fishery Conservation and Management Include in the subject line ‘‘Comments
SUPPLEMENTARY INFORMATION: The Gulf Act, provided the public has been on CFF Extended Link Apron EFP.’’
of Mexico, South Atlantic, and notified of the intent to take final action • Mail: Michael Pentony, Regional
Caribbean Fishery Management to address the emergency. Administrator, NMFS, NE Regional
Councils, in conjunction with NOAA Office, 55 Great Republic Drive,
Special Accommodations
Fisheries and the Atlantic and Gulf Gloucester, MA 01930. Mark the outside
States Marine Fisheries Commissions, This meeting is accessible to people of the envelope ‘‘Comments on CFF
have implemented the Southeast Data, with disabilities. Requests for auxiliary Extended Link Apron EFP.’’
Assessment and Review (SEDAR) aids should be directed to the SAFMC FOR FURTHER INFORMATION CONTACT:
process, a multi-step method for office (see ADDRESSES) at least 5 Shannah Jaburek, Fishery Management
determining the status of fish stocks in business days prior to the meeting. Specialist, 978–282–8456.
the Southeast Region. SEDAR is a three- Note: The times and sequence SUPPLEMENTARY INFORMATION:
step process including: (1) Data specified in this agenda are subject to Coonamessett Farm Foundation (CFF)
Workshop; (2) Assessment Process change. submitted a complete application for an
utilizing webinars; and (3) Review Authority: 16 U.S.C. 1801 et seq. Exempted Fishing Permit (EFP) on July
Workshop. The product of the Data 10, 2018, to conduct commercial fishing
Workshop is a data report which Dated: July 31, 2018.
activities that the regulations would
compiles and evaluates potential Tracey L. Thompson,
otherwise restrict. The EFP would
datasets and recommends which Acting Deputy Director, Office of Sustainable authorize vessels to test the efficacy of
datasets are appropriate for assessment Fisheries, National Marine Fisheries Service.
an extended link scallop dredge apron
analyses. The product of the Assessment [FR Doc. 2018–16699 Filed 8–3–18; 8:45 am] at reducing the capture of yellowtail and
Process is a stock assessment report BILLING CODE 3510–22–P windowpane flounder and small
which describes the fisheries, evaluates scallops over the duration of four
the status of the stock, estimates directed research cruises. The EFP
biological benchmarks, projects future DEPARTMENT OF COMMERCE would support research associated with
population conditions, and recommends a project titled ‘‘Development of an
National Oceanic and Atmospheric
research and monitoring needs. The Extended Link Apron: A Broad Range
Administration
assessment is independently peer Tool for Bycatch Reduction,’’ that has
reviewed at the Review Workshop. The been funded under the 2017 Atlantic
product of the Review Workshop is a RIN 0648–XG385 Sea Scallop Research Set-Aside (RSA)
Summary documenting panel opinions Program.
regarding the strengths and weaknesses Magnuson-Stevens Act Provisions;
CFF is requesting exemptions that
of the stock assessment and input data. General Provisions for Domestic
would exempt four commercial fishing
Participants for SEDAR Workshops are Fisheries; Application for Exempted
vessels from the following regulations:
Fishing Permits
appointed by the Gulf of Mexico, South • Atlantic sea scallop days-at-sea
Atlantic, and Caribbean Fishery AGENCY: National Marine Fisheries (DAS) allocations at 50 CFR 648.53(b);
Management Councils and NOAA Service (NMFS), National Oceanic and • Crew size restrictions at § 648.51(c);
Fisheries Southeast Regional Office, Atmospheric Administration (NOAA), • Dredge gear restrictions for
Highly Migratory Species Management Commerce. minimum mesh size at § 648.51(b)(2)
Division, and Southeast Fisheries and gear obstructions at
Science Center. Participants include: ACTION: Notice; request for comments.
§ 648.51(b)(4)(iii);
Data collectors and database managers; • Atlantic sea scallop observer
SUMMARY: The Acting Assistant Regional
stock assessment scientists, biologists, program requirements at § 648.11(g);
Administrator for Sustainable Fisheries,
and researchers; constituency • Access area program requirements
Greater Atlantic Region, NMFS, has
representatives including fishermen, at § 648.59(a)(1)–(3), (b)(2), (b)(4);
made a preliminary determination that
environmentalists, and non- • Rotational closed area exemptions
an Exempted Fishing Permit application
governmental organizations (NGOs); for Closed Area I Access Area at
contains all of the required information
international experts; and staff of § 648.60(c), Closed Area II Access Area
and warrants further consideration. This
Councils, Commissions, and state and at § 648.60(d), and all four of the
Exempted Fishing Permit would allow
federal agencies. Nantucket Lightship areas at
four commercial fishing vessels,
The items of discussion at the Data § 648.60(e)–(h); and
directed by Coonamessett Farm
Scoping webinar are as follows: • Possession limits and minimum
Foundation, to be exempt from Atlantic
1. Participants will review SEDAR 58 size requirements specified in 50 CFR
sea scallop regulations for the purpose
stock identification recommendations. part 648, subpart B and subparts D
of bycatch reduction research.
2. Participants will identify potential through O, to allow temporary
data sources and discuss data needs and Regulations under the Magnuson- possession for biological sampling.
treatments in order to prepare for the Stevens Fishery Conservation and Any fishing activity conducted
sradovich on DSK3GMQ082PROD with NOTICES

Data Workshop. Management Act require publication of outside the scope of the exempted
Although non-emergency issues not this notification to provide interested fishing activity would be prohibited.
contained in this agenda may come parties the opportunity to comment on The project would consist of conduct
before this group for discussion, those applications for proposed Exempted four, 7-day research trips for a total of
issues may not be the subject of formal Fishing Permits. 28 days-at-sea on limited access (LA)
action during this meeting. Action will DATES: Comments must be received on vessels fishing on Georges Bank. All
be restricted to those issues specifically or before August 21, 2018. trips will take place from September

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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices 38287

2018 through June 2019. Vessels would would be rigged with a standard apron would be randomly selected and the
complete approximately 55 paired, 30- while the other would be rigged with an scallops would be measured in 5 mm
minute tows per trip at a standard vessel extended vertical link apron. The increments to determine size selectivity.
speed of 4.8 knots. In addition to open project will alternate tows with and Finfish catch would be sorted by species
areas, tows could occur in Closed Area without the dredge over net over both and then counted, weighed, and
I, Closed Area II, or the four Nantucket dredges. Standard linking is defined as measured in 1 mm increments.
Lightship Scallop Rotational Areas. The a single link between ring spaces, and Depending on the volume of scallops
four research trips would be centralized the extended link is defined as two links and finfish captured, the catch would be
around areas with high yellowtail and linked together between rings. Both subsampled as necessary. No catch
winter flounder bycatch and in areas dredges would use 4-inch (10.16-cm) would be retained for longer than
with a high abundance of harvestable rings and a 10-inch (25.40-cm) twine needed to conduct sampling and no
size scallops mixed with pre-recruit top. finfish or scallop catch would be landed
scallops. For all tows, the sea scallop catch for sale. Table 1 contains an estimate of
Vessels would fish two, 15-foot (4.57- would be counted into baskets and the finfish catch anticipated for the
m) Turtle Deflector Dredges; one dredge weighed. One basket from each dredge project.

TABLE 1—CFF EXTENDED LINK APRON PROJECT CATCH ESTIMATES
Weight Weight
Species (lbs) (kg)

Sea Scallop .............................................................................................................................................................. 16,552 7,508
Yellowtail Flounder .................................................................................................................................................. 549 249
Winter Flounder ....................................................................................................................................................... 803 364
Windowpane Flounder ............................................................................................................................................. 2,828 1,283
Summer Flounder .................................................................................................................................................... 943 428
Fourspot Flounder ................................................................................................................................................... 74 34
American Plaice Flounder ....................................................................................................................................... 90 41
Witch Flounder ......................................................................................................................................................... 12 5
Haddock ................................................................................................................................................................... 58 26
Atlantic Cod ............................................................................................................................................................. 100 45
Monkfish ................................................................................................................................................................... 8,420 3,819
Spiny Dogfish ........................................................................................................................................................... 87 39
Barndoor Skate ........................................................................................................................................................ 1,109 503
NE Skate Complex (excluding barndoor skate) ...................................................................................................... 63,528 28,816

CFF needs these exemptions to allow fishing activity conducted outside the DATES: Written, telefaxed, or email
them to conduct experimental dredge scope of the exempted fishing activity comments must be received on or before
towing without being charged DAS, and would be prohibited. September 5, 2018.
to deploy gear in closed access areas Authority: 16 U.S.C. 1801 et seq. ADDRESSES: The application and related
where concentrations of primary documents are available for review by
Dated: August 1, 2018.
bycatch species are sufficiently high to selecting ‘‘Records Open for Public
provide statistically robust results. Margo B. Schulze-Haugen,
Comment’’ from the ‘‘Features’’ box on
Researchers also need mesh size and Acting Director, Office of Sustainable the Applications and Permits for
gear obstruction exemptions in order to Fisheries, National Marine Fisheries Service.
Protected Species (APPS) home page,
use the dredge net cover. Utilizing the [FR Doc. 2018–16770 Filed 8–3–18; 8:45 am]
https://apps.nmfs.noaa.gov, and then
dredge net cover will allow researchers BILLING CODE 3510–22–P selecting File No. 21217 from the list of
to quantify fish that would normally available applications.
escape through the gear during normal These documents are also available
fishing operations. Participating vessels DEPARTMENT OF COMMERCE upon written request or by appointment
need crew size waivers to accommodate in the Permits and Conservation
National Oceanic and Atmospheric
science personnel, and possession Division, Office of Protected Resources,
Administration
waivers will enable researchers to NMFS, 1315 East-West Highway, Room
conduct finfish sampling activities. The RIN 0648–XF696 13705, Silver Spring, MD 20910; phone
project would be exempt from the sea (301) 427–8401; fax (301) 713–0376.
scallop observer program requirements Marine Mammals; File No. 21217 Written comments on this application
because activities conducted on the trip AGENCY: National Marine Fisheries should be submitted to the Chief,
are not consistent with normal fishing Service (NMFS), National Oceanic and Permits and Conservation Division, at
operations. Atmospheric Administration (NOAA), the address listed above. Comments may
If approved, the applicant may Commerce. also be submitted by facsimile to (301)
request minor modifications and ACTION: Notice; receipt of application for 713–0376, or by email to
extensions to the EFP throughout the
sradovich on DSK3GMQ082PROD with NOTICES

permit amendment. NMFS.Pr1Comments@noaa.gov. Please
year. EFP modifications and extensions include the File No. 21217 in the subject
may be granted without further notice if SUMMARY: Notice is hereby given that line of the email comment.
they are deemed essential to facilitate Aaron Roberts, Ph.D., University of Those individuals requesting a public
completion of the proposed research North Texas, Biological Sciences, 1155 hearing should submit a written request
and have minimal impacts that do not Union Circle, #310559, Denton, TX to the Chief, Permits and Conservation
change the scope or impact of the 76203, has applied for an amendment to Division at the address listed above. The
initially approved EFP request. Any Scientific Research Permit No. 21217. request should set forth the specific

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Document Created: 2018-11-06 10:36:56
Document Modified: 2018-11-06 10:36:56

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 August 21, 2018.
Contact		Shannah Jaburek, Fishery Management Specialist, 978-282-8456.
FR Citation		83 FR 38286
RIN Number		0648-XG38

83 FR 38286 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 151 (August 6, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration