83 FR 48292 - 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 185 (September 24, 2018)

Page Range		48292-48294
FR Document		2018-20718

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 exempt one commercial fishing vessel, which is authorized to fish in the yellowtail flounder fishery in international waters regulated by the Northwest Atlantic Fisheries Organization, from Northeast multispecies fishery minimum fish size regulations. The purpose of the Exempted Fishing Permit is to support a study to determine equivalent length and weight ratios from legal- sized, whole, fish to dressed, headed and gutted fish caught in the Northwest Atlantic Fisheries Organization yellowtail flounder fishery, and to the extent possible, the effect of the exemption on the marketplace. The only other U.S. vessel authorized to fish in the Northwest Atlantic Fisheries Organization yellowtail fishery may request, and be approved, to fish under this same EFP. 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 185 (Monday, September 24, 2018)

[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48292-48294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20718]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG474


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 exempt one commercial fishing vessel, 
which is authorized to fish in the yellowtail flounder fishery in 
international waters regulated by the Northwest Atlantic Fisheries 
Organization, from Northeast multispecies fishery minimum fish size 
regulations. The purpose of the Exempted Fishing Permit is to support a 
study to determine equivalent length and weight ratios from legal-
sized, whole, fish to dressed, headed and gutted fish caught in the 
Northwest Atlantic Fisheries Organization yellowtail flounder fishery, 
and to the extent possible, the effect of the exemption on the 
marketplace. The only other U.S. vessel authorized to fish in the 
Northwest Atlantic Fisheries Organization yellowtail fishery may 
request, and be approved, to fish under this same EFP.
    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 October 9, 2018.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``DA18-059 NAFO 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 ``DA18-059 NAFO 
EFP.''

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

SUPPLEMENTARY INFORMATION: Tremont Fisheries, LLC, submitted an 
exempted fishing permit (EFP) application that would authorize the 
company's fishing vessel to land dressed fish (headed and gutted) that 
do not meet the minimum fish size requirements specified for Northeast 
multispecies fish as defined in federal regulations. These regulations 
prohibit the possession of any fish, including parts of fish, that do 
not meet certain minimum fish sizes (50 CFR 648.83(a)(2)). 
Consequently, U.S. vessels participating in the Northwest Atlantic 
Fisheries Organization (NAFO) fishery that transit the U. S. Exclusive 
Economic Zone are subject to a minimum size larger than what NAFO 
requires and which essentially precludes any dressing of the caught 
fish through heading and gutting. In addition, because the NAFO fishery 
for groundfish is a frozen fish fishery, they are relegated to freezing 
whole fish in order to meet U.S. minimum size requirements, which have 
less value and a weaker market when compared with frozen dressed fish 
from foreign markets not subject to U.S. minimum size requirements. 
These other frozen dressed fish markets are currently occupied by 
foreign fish processing firms, which are able to harvest a smaller 
minimum size than the U.S. domestic fishery. Moreover, requiring U.S. 
vessels in NAFO waters to adhere to the U.S. minimum size even for 
dressed fish can result in U.S. vessels discarding more fish which is 
inconsistent with NAFO's objectives to reduce unnecessary discards. The 
EFP applicant is proposing to use the NAFO minimum sizes (Table 1) for 
landed fish, to determine appropriate weight conversion factors between 
whole and dressed fish that have been headed and gutted, and to see, to 
the extent possible, how this may affect the market for these fish. For 
any fish that do not have

[[Page 48293]]

NAFO minimum size restrictions, the applicant would also find length 
conversion factors between whole fish and headed and gutted fish.
[GRAPHIC] [TIFF OMITTED] TN24SE18.000

    This would enable the vessel to bring in a higher quality and more 
valuable dressed product. The primary focus of the fishery is 
yellowtail flounder; however, the vessel is able to retain and land 
small amounts of American plaice and Atlantic cod as incidental catch.
    Vessels permitted to fish under this EFP would conduct fishing 
operations upon issuance of the EFP through December 31, 2018. All 
fishing gear would need to be compliant with the NAFO Conservation and 
Enforcement measures. The vessel would conduct 2 to 3 trips that are 
approximately 24 days long, completing approximately 70 tows per trip. 
The applicant has been authorized to fish for yellowtail flounder with 
an allocation 500 mt of yellowtail flounder to catch within the NAFO RA 
for the 2018 fishing year. However, NMFS reserves the right to 
reallocate quota if either of the two vessels allocated NAFO yellowtail 
flounder quota for 2018 are unable to harvest its allocation. This 
could allow a vessel under this EFP to land more than its initial 
allocation. Any other kept catch would be subject to requirements 
outlined by NAFO (Table 2). Catch would be sorted by species, headed, 
gutted, and cleaned, and then separated by market category. The trays 
would then be frozen, bagged, labeled, and placed into the vessel's 
freezer hold.

                        Table 2--Incidental Retention Limits in the NAFO Regulatory Area
----------------------------------------------------------------------------------------------------------------
                 Species                        NAFO division(s)              Incidental retention limits
----------------------------------------------------------------------------------------------------------------
Cod.....................................  3LM........................  1,250 kg or 5% of total catch retained.
                                          3NO........................  1,000 kg or 4% of total catch retained.
Redfish.................................  3LN........................  1,250 kg or 5% of total catch retained.
                                          1F, 2, 3O, and 3K..........  2,500 kg or 10% of total catch retained.
                                                                       1,250 kg or 5% of total catch retained
                                                                        when ``others'' quota is caught.
American Plaice.........................  3LMNO......................  While conducting directed fishing for
                                                                        yellowtail, 15% of yellowtail retained.
Witch Flounder..........................  3LNO.......................  1,250 kg or 5% of total catch retained.
White Hake..............................  3NO........................  2,500 kg or 10% of total catch retained.
                                                                       1,250 kg or 5% of total catch retained
                                                                        when ``others'' quota is caught.
Capelin.................................  3NO........................  1,250 kg or 5% of total catch retained.
Skates..................................  3LNO.......................  2,500 kg or 10% of total catch retained.
                                                                       1,250 kg or 5% of total catch retained
                                                                        when ``others'' quota is caught.
Greenland Halibut.......................  3LMNO......................  2,500 kg or 10% of total catch retained.
----------------------------------------------------------------------------------------------------------------

    NAFO fishing trips require 100-percent observer coverage. All catch 
that comes onboard the vessel would be identified and quantified 
following NAFO protocols by the fisheries observer. In order to 
determine a weight ratio from legal-sized, whole fish to processed 
fish, the observer would weigh a basket of whole fish, send those fish 
through the processing area, and weigh those same fish post processing. 
Processing of other fish would be halted during this time to ensure 
that the sample stays intact. This would happen throughout the trip at 
random intervals to ensure unbiased sampling. The observer would also 
collect fish lengths for species without minimum sizes to determine the 
ratio of whole-fish length to headed and gutted length. The observer 
would randomly measure individual fish throughout the trip and then 
measure them again post processing. The observer would then record the 
dressed length along with the whole length. At a minimum the observer 
would weigh 50 baskets and obtain 50 length measurements of any species 
that is processed. All observer data would be sent to NMFS for an 
independent analysis of the data to determine the ratios. The applicant 
would share economic and market data with NMFS Fisheries to inform the 
value added from landing dressed fish.
    The NAFO yellowtail flounder fishery, although the same species, is 
a separate stock from the stock found domestically. Allowing the vessel 
to harvest fish using the NAFO minimum sizes enables the United States 
to be better stewards of the NAFO resource by

[[Page 48294]]

reducing discards that meet the NAFO size standards but are below the 
domestic minimum size. Landing the dressed fish, even at sizes less 
than the domestic minimum size, therefore, would not appear to put the 
applicant at a competitive advantage over domestic fishers because its 
processed fish are largely intended for the frozen market currently 
dominated by foreign interests. This EFP, if granted, would help 
validate these expectations. This EFP is necessary to allow the vessel 
to land headed and gutted fish caught within the NAFO Regulatory Area 
that are below the domestic minimum size due to the dressed condition 
of the fish. Each trip taken under this EFP are subject to the 
requirements outlined in this notice and any other condition specified 
by the National Marine Fisheries Service. If this EFP request is 
approved, it would be available to the other vessel authorized to 
participate in the NAFO yellowtail flounder fishery, if the other 
vessel owner makes such a request and it is approved.
    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: September 19, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20718 Filed 9-21-18; 8:45 am]
 BILLING CODE 3510-22-P

48292 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices

13795, ‘‘Implementing an America-First The 2018 Revised Technical applications for proposed Exempted
Offshore Energy Strategy’’ (82 FR 20815; Guidance, the updated optional User Fishing Permits.
April 28, 2017), states in section 2 that Spreadsheet tool, and the new DATES: Comments must be received on
it shall be the policy of the United companion User Manual are available in or before October 9, 2018.
States to encourage energy exploration electronic form via the internet at ADDRESSES: You may submit written
and production, including on the Outer https://www.fisheries.noaa.gov/ comments by any of the following
Continental Shelf, in order to maintain national/marine-mammal-protection/ methods:
the Nation’s position as a global energy marine-mammal-acoustic-technical- • Email: nmfs.gar.efp@noaa.gov.
leader and foster energy security and guidance. Include in the subject line ‘‘DA18–059
resilience for the benefit of the Dated: September 19, 2018. NAFO EFP.’’
American people, while ensuring that
Donna S. Wieting, • Mail: Michael Pentony, Regional
any such activity is safe and Administrator, NMFS, Greater Atlantic
environmentally responsible. Among Director, Office of Protected Resources,
National Marine Fisheries Service.
Regional Fisheries Office, 55 Great
the requirements of E.O. 13795 is Republic Drive, Gloucester, MA 01930.
[FR Doc. 2018–20712 Filed 9–21–18; 8:45 am]
section 10, which called for a review of Mark the outside of the envelope
NMFS’ Technical Guidance, originally BILLING CODE 3510–22–P
‘‘DA18–059 NAFO EFP.’’
published in 2016. FOR FURTHER INFORMATION CONTACT:
To assist the Secretary of Commerce Shannah Jaburek, Fishery Management
in the review of the 2016 Technical DEPARTMENT OF COMMERCE
Specialist, 978–282–8456.
Guidance for consistency with the
National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: Tremont
policy in section 2 of E.O. 13795, NMFS
Administration Fisheries, LLC, submitted an exempted
solicited public comment via a 45-day
fishing permit (EFP) application that
public comment period (82 FR 24950; RIN 0648–XG474 would authorize the company’s fishing
May 31, 2017) and hosted an
vessel to land dressed fish (headed and
Interagency Consultation meeting Magnuson-Stevens Act Provisions;
gutted) that do not meet the minimum
(September 25, 2017) with General Provisions for Domestic
fish size requirements specified for
representatives from ten federal Fisheries; Application for Exempted
Northeast multispecies fish as defined
agencies. In response to the feedback Fishing Permits
in federal regulations. These regulations
received during the public comment
period and the Interagency Consultation AGENCY: National Marine Fisheries prohibit the possession of any fish,
meeting and per approval of the Service (NMFS), National Oceanic and including parts of fish, that do not meet
Secretary of Commerce, NMFS issued Atmospheric Administration (NOAA), certain minimum fish sizes (50 CFR
the 2018 Revised Technical Guidance Commerce. 648.83(a)(2)). Consequently, U.S. vessels
(83 FR 28824; June 21, 2018). ACTION: Notice; request for comments. participating in the Northwest Atlantic
To help applicants implement the Fisheries Organization (NAFO) fishery
2018 Revised Technical Guidance, SUMMARY: The Acting Assistant Regional that transit the U. S. Exclusive
NMFS also updated the accompanying Administrator for Sustainable Fisheries, Economic Zone are subject to a
optional User Spreadsheet tool for the Greater Atlantic Region, NMFS, has minimum size larger than what NAFO
technical guidance and drafted a new made a preliminary determination that requires and which essentially
User Manual that provides more an Exempted Fishing Permit application precludes any dressing of the caught
detailed instructions and examples on contains all of the required information fish through heading and gutting. In
how to use the optional User and warrants further consideration. This addition, because the NAFO fishery for
Spreadsheet tool to assess auditory Exempted Fishing Permit would exempt groundfish is a frozen fish fishery, they
injury thresholds. one commercial fishing vessel, which is are relegated to freezing whole fish in
NMFS is soliciting public comment authorized to fish in the yellowtail order to meet U.S. minimum size
on our User Manual and associated flounder fishery in international waters requirements, which have less value
optional User Spreadsheet tool via a regulated by the Northwest Atlantic and a weaker market when compared
45-day public comment period. In Fisheries Organization, from Northeast with frozen dressed fish from foreign
particular, NMFS invites comment on multispecies fishery minimum fish size markets not subject to U.S. minimum
how we can further refine the User regulations. The purpose of the size requirements. These other frozen
Manual to aid in the application and Exempted Fishing Permit is to support dressed fish markets are currently
implementation of the 2018 Revised a study to determine equivalent length occupied by foreign fish processing
Technical Guidance. Input from and weight ratios from legal-sized, firms, which are able to harvest a
stakeholders provided during this whole, fish to dressed, headed and smaller minimum size than the U.S.
public comment period will inform gutted fish caught in the Northwest domestic fishery. Moreover, requiring
updated versions of the User Manual Atlantic Fisheries Organization U.S. vessels in NAFO waters to adhere
and/or associated optional User yellowtail flounder fishery, and to the to the U.S. minimum size even for
Spreadsheet tool, which may be issued extent possible, the effect of the dressed fish can result in U.S. vessels
as early as the end of 2018. Please note exemption on the marketplace. The only discarding more fish which is
NMFS is only soliciting comments at other U.S. vessel authorized to fish in inconsistent with NAFO’s objectives to
this time on the User Manual and the Northwest Atlantic Fisheries reduce unnecessary discards. The EFP
associated optional User Spreadsheet Organization yellowtail fishery may applicant is proposing to use the NAFO
amozie on DSK3GDR082PROD with NOTICES1

tool, and not on the 2018 Revised request, and be approved, to fish under minimum sizes (Table 1) for landed fish,
Technical Guidance (For more detail on this same EFP. to determine appropriate weight
the Technical Guidance’s public Regulations under the Magnuson- conversion factors between whole and
comment periods, see: https:// Stevens Fishery Conservation and dressed fish that have been headed and
www.fisheries.noaa.gov/national/ Management Act require publication of gutted, and to see, to the extent possible,
marine-mammal-protection/marine- this notification to provide interested how this may affect the market for these
mammal-acoustic-technical-guidance). parties the opportunity to comment on fish. For any fish that do not have

VerDate Sep<11>2014 17:40 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1

48294 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices

reducing discards that meet the NAFO SUMMARY: The Acting Assistant Regional identification attached. Investigators
size standards but are below the Administrator for Sustainable Fisheries, intend to collect up to 150 crabs. Jonah
domestic minimum size. Landing the Greater Atlantic Region, NMFS, has crab retrieved from the modified traps
dressed fish, even at sizes less than the made a preliminary determination that would be collected and sent to the UMD
domestic minimum size, therefore, an Exempted Fishing Permit lab for analysis. The exemption is
would not appear to put the applicant Application from the University of needed to ensure investigators obtain a
at a competitive advantage over Maryland contains all the required broad size distribution of Jonah crabs.
domestic fishers because its processed information and warrants further Currently, there are no Federal
fish are largely intended for the frozen consideration. Regulations under the regulations for Jonah crab. We are
market currently dominated by foreign Magnuson-Stevens Fishery preparing a proposed rule to establish
interests. This EFP, if granted, would Conservation and Management Act and Federal regulations for the Jonah crab
help validate these expectations. This the Atlantic Coastal Fisheries fishery which will likely include a
EFP is necessary to allow the vessel to Cooperative Management Act require minimum size. We anticipate that final
land headed and gutted fish caught publication of this notice to provide rulemaking will occur before this
within the NAFO Regulatory Area that interested parties the opportunity to project is complete. To ensure that there
are below the domestic minimum size comment on applications for proposed is no disruption to research activities,
due to the dressed condition of the fish. Exempted Fishing Permits. we intend to modify the exemptions
Each trip taken under this EFP are DATES: Comments must be received on granted to this study to include
subject to the requirements outlined in or before October 9, 2018. exemption from the minimum size so
this notice and any other condition ADDRESSES: You may submit written
that crabs smaller than the minimum
specified by the National Marine comments by any of the following size can be analyzed. We would solicit
Fisheries Service. If this EFP request is methods: comment on this additional exemption
approved, it would be available to the • Email: NMFS.GAR.EFP@noaa.gov. in the Jonah Crab Fishery Management
other vessel authorized to participate in Include in the subject line ‘‘Comments Plan.
the NAFO yellowtail flounder fishery, if on UMD Jonah crab EFP.’’ If approved, the applicant may
the other vessel owner makes such a • Mail: Michael Pentony, Regional request minor modifications and
request and it is approved. Administrator, NMFS, Greater Atlantic extensions to the EFP throughout the
If approved, the applicant may Regional Fisheries Office, 55 Great year. We may grant EFP modifications
request minor modifications and Republic Drive, Gloucester, MA 01930. and extensions without further notice if
extensions to the EFP throughout the Mark the outside of the envelope they are deemed essential to facilitate
year. EFP modifications and extensions ‘‘Comments on UMD Jonah Crab EFP.’’ completion of the proposed research
may be granted without further notice if and have minimal impacts that do not
FOR FURTHER INFORMATION CONTACT:
they are deemed essential to facilitate change the scope or impact of the
Laura Hansen, NOAA Affiliate, (978)
completion of the proposed research initially approved EFP request. The EFP
281–9225.
and have minimal impacts that do not would prohibit any fishing activity
SUPPLEMENTARY INFORMATION: The
change the scope or impact of the conducted outside the scope of the
University of Maryland (UMD) exempted fishing activities.
initially approved EFP request. Any submitted a complete application for an
fishing activity conducted outside the Exempted Fishing Permit (EFP) on Authority: 16 U.S.C. 1801 et seq.
scope of the exempted fishing activity September 5, 2018, to conduct fishing Dated: September 19, 2018.
would be prohibited. activities that the regulations would Margo B. Schulze-Haugen,
Authority: 16 U.S.C. 1801 et seq. otherwise restrict. This project is Acting Director, Office of Sustainable
Dated: September 19, 2018. intended to gain a better understanding Fisheries, National Marine Fisheries Service.
of Jonah crab male size at maturity. This [FR Doc. 2018–20711 Filed 9–21–18; 8:45 am]
Margo B. Schulze-Haugen,
study is funded through the NOAA BILLING CODE 3510–22–P
Acting Director, Office of Sustainable
Educational Partnership Program’s
Fisheries, National Marine Fisheries Service.
Living Marine Resources Cooperative
[FR Doc. 2018–20718 Filed 9–21–18; 8:45 am]
Science Center. UMD is requesting DEPARTMENT OF COMMERCE
BILLING CODE 3510–22–P
exemptions from the following Federal
lobster regulation: National Oceanic and Atmospheric
1. Gear specification requirements in
DEPARTMENT OF COMMERCE 50 CFR 697.21(c) to allow for closed Administration Membership of the
escape vents; National Oceanic and Atmospheric
National Oceanic and Atmospheric Administration Performance Review
Administration If the EFP is approved, this study
would take place from November 2018 Board
through November 2019. The AGENCY: National Oceanic and
RIN 0648–XG488 participating vessel would deploy no Atmospheric Administration (NOAA),
more than eight ventless traps at one Department of Commerce (DOC).
Atlantic Coastal Fisheries Cooperative
time in Lobster Conservation ACTION: Notice of membership of the
Management Act Provisions; General
Management Area (LCMA) 2. Maps NOAA performance review board.
Provisions for Domestic Fisheries;
depicting these areas are available on
Application for Exempted Fishing
request. Researchers will deploy traps in SUMMARY: NOAA announces the
amozie on DSK3GDR082PROD with NOTICES1

Permits
trawls, compliant with the Atlantic appointment of members who will serve
AGENCY: National Marine Fisheries Large Whale Take Reduction Plan. on the NOAA Performance Review
Service (NMFS), National Oceanic and Modifications to a standard lobster trap Board (PRB). The NOAA PRB is
Atmospheric Administration (NOAA), would include a closed escape vent, a responsible for reviewing performance
Commerce. smaller wire mesh size, and a smaller appraisals and ratings of Senior
entrance head. Each experimental trap Executive Service (SES), Senior Level
ACTION: Notice; request for comments.
will have the participating fisherman’s (SL), and Scientific and Professional

VerDate Sep<11>2014 17:40 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1

Document Created: 2018-09-22 00:32:40
Document Modified: 2018-09-22 00:32:40

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 October 9, 2018.
Contact		Shannah Jaburek, Fishery Management Specialist, 978-282-8456.
FR Citation		83 FR 48292
RIN Number		0648-XG47

83 FR 48292 - 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 185 (September 24, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration