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)

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


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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.

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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
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                 Species                        NAFO division(s)              Incidental retention limits
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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.
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    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