Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 23941-23944 [2014-09741]
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Federal Register / Vol. 79, No. 82 / Tuesday, April 29, 2014 / Notices
target species; (2) test the effectiveness
of utilizing gear comparable to the
Canadian haddock fishery on Georges
Bank (e.g., haddock separator trawl with
5.1 inch (13 cm) square mesh codend)
to improve haddock selectivity, catch
ratios, and improved annual catch limit
(ACL) utilization rates; (3) collect data
to examine the economic feasibility of
an industry funded monitoring program
for CA trips; (4) test the effectiveness of
providing access to portions of the
existing CAs for improving utilization
rates of GB haddock; and (5) collect
information from CAs I and II so that
NMFS may conduct analyses to
determine whether fishing can be
allowed at a level of observer coverage
of less than 100 percent, should an
exemption be approved.
To fulfill these objectives, vessels
would be accompanied by a technician
with an at-sea-monitor certification, and
would be required to fish with either a
haddock separator trawl or a Ruhle
trawl, fitted with either a 6-inch (15.2
cm) diamond mesh codend (currently
allowed in the fishery) or a 5.1-inch (13cm) square mesh codend. The applicant
claims that the 5.1-inch (13-cm) square
mesh codend will improve their ability
to target legal-size haddock while
maintaining the ability to filter out
small non-target catch, including sublegal haddock. All three vessels will be
equipped with echo sounders that
operate on multiple frequencies, which
provide the capability of revealing fish
size distribution and bottom hardness.
For CA I, vessels would be given
access to all areas within CA1 that are
not existing Habitat Management Areas
or contained in the New England
Fisheries Management Council’s
(Council) draft Omnibus Habitat
Amendment as Habitat Management
Area alternatives as of April 30, 2014,
from the date that the EFP is issued,
through February 15, 2015. NMFS has
raised concerns about spawning in CA
I from January 1 to February 15, but the
applicant has requested access for this
period to collect information to address
questions about spawning fish.
In CA II, vessels would be given
access to all areas within CA II that are
not existing Habitat Management Areas
or contained in the Council’s draft
Omnibus Habitat Amendment as Habitat
Management Area alternatives as of
April 30, 2014. Vessels would have
access from the date that the EFP is
issued, through June 15, 2014, and then
from November 1, 2014 through
February 15, 2015. Similar to CA I,
NMFS has raised concerns about
spawning in CA II from January 1 to
February 15, but the applicant has
requested access for this period to
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collect information to address questions
about spawning fish. The dates for CA
II access reflect an agreement between
sector trawl fishermen and the lobster
industry, which was developed in
anticipation of sectors being granted CA
II access through an exemption in FY
2013. The agreement was established to
avoid gear conflicts between lobster and
groundfish vessels. The applicant and
members of the lobster industry remain
concerned about gear conflicts that
could arise from this, or any other EFP,
that are accessing CA II. Therefore, the
applicant would not access portions of
CA II from June 15 through November
1, the time period that the lobster
industry is allowed access.
The applicant requests issuance of the
EFP for the entire fishing year in order
to use a smaller mesh codend
throughout the year, but access to the
closed areas would be for only portions
of the year. Fishing effort under the EFP
would be heavily dependent upon
operational decisions dictating whether
to fish within CAs I and II, as compared
to outside the areas. As previously
described, the applicant has stated that
the directed haddock fishery is highly
dynamic and requires a high degree of
mobility. If approved, the applicant has
stated that the three participating
vessels would focus on the directed
haddock fishery throughout the study
period, and makes tows both inside and
outside the CAs on the same trip. Vessel
tow duration would vary from 30
minutes to 3 hours and trawling would
occur up to 18 hours per fishing day. An
average trip duration would be seven
days, consisting of five days fishing and
two days steaming, and there would be
an average of three trips total, per
month. All legal sized fish will be
landed and sold with all proceeds
retained by the vessel owner. All three
vessels are members of the Sustainable
Harvest Sector (SHS) and all catch of
allocated stocks (e.g., haddock, cod)
would be accounted for under the
annual catch entitlements (ACEs) of the
SHS. If the SHS exceeds its ACE for an
allocated stock, it would need to lease
in additional ACE in order to continue
fishing.
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.
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23941
Authority: 16 U.S.C. 1801 et seq.
Dated: April 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–09742 Filed 4–28–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD258
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator), has made a
preliminary determination that an
Exempted Fishing Permit application
submitted by the Northeast Fisheries
Science Center contains all of the
required information and warrants
further consideration. The Exempted
Fishing Permit would exempt
participating vessels from the following
types of fishery regulations: Minimum
fish size restrictions; fish possession
limits; prohibited fish species, not
including species protected under the
Endangered Species Act; gear-specific
fish possession restrictions for the
purpose of collecting fishery dependent
catch data and biological samples; and
the prohibition from fishing in yearround groundfish closed areas.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
Exempted Fishing Permit applications.
DATES: Comments must be received on
or before May 14, 2014.
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 NEFSC Study Fleet EFP.’’
• Mail: John K. Bullard, Regional
Administrator, NMFS, Greater Atlantic
Regional FIsheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on NEFSC Study Fleet
EFP.’’
SUMMARY:
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• Fax: (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fishery Management
Specialist, 978–675–2153,
Brett.Alger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Northeast Fisheries Science Center
(NEFSC) submitted a complete
application for an Exempted Fishing
Permit (EFP) on April 3, 2014, to enable
data collection activities that the
regulations on commercial fishing
would otherwise restrict. The EFP
would exempt approximately 30
federally permitted commercial fishing
vessels from the regulations detailed
below while participating in the Study
Fleet Program and operating under
projects managed by the NEFSC. The
EFP would exempt participating vessels
from minimum fish size restrictions;
fish possession limits; prohibited fish
species, not including species protected
under the Endangered Species Act; gearspecific fish possession restrictions for
the purpose of at-sea sampling and, in
limited situations for research purposes
only, to retain and land fish that would
otherwise be prohibited; and the
prohibition from fishing in portions of
groundfish year-round closed areas.
The NEFSC Study Fleet Program was
established in 2002 to more fully
characterize commercial fishing
operations and to leverage sampling
opportunities to augment NMFS data
collection programs. Participating
vessels are contracted by the NEFSC to
collect tow by tow catch and
environmental data, and to fulfill
specific biological sampling needs
identified by the NEFSC. To collect
these data, the NEFSC Study Fleet
Program has obtained an EFP to secure
the necessary waivers needed by the
vessels to obtain fish that would
otherwise be prohibited by regulations.
Crew trained by the NEFSC Study
Fleet Program in methods that are
consistent with the current NEFSC
observer protocol, while under fishing
operations, would sort, weigh, and
measure fish that are to be discarded.
An exemption from minimum fish size
restrictions; fish possession limits;
prohibited fish species, not including
species protected under the Endangered
Species Act; and gear-specific fish
possession restrictions for at-sea
sampling is required because some
discarded species would be on deck
slightly longer than under normal
sorting procedures.
Participating vessels would also be
authorized to retain and land, in limited
situations for research purposes only,
fish that do not comply with fishing
regulations. The vessels would be
authorized to retain specific amounts of
particular species in whole or round
weight condition, in marked totes,
which would be delivered to Study
Fleet Program technicians. The NEFSC
would require participating vessels to
obtain written approval from the NEFSC
Study Fleet Program prior to landing
any fish in excess of possession limits
and/or below minimum size limits to
ensure that the landed fish do not
exceed any of the Study Fleet Program’s
collection needs, as detailed below.
None of the landed biological samples
from these trips would be sold for
commercial use or used for any other
purpose other than scientific research.
The table below details the
regulations from which the participating
vessels would be exempt when retaining
and landing fish for research purposes.
The participating vessels would be
required to comply with all other
applicable requirements and restrictions
specified at 50 CFR part 648, unless
specifically exempted in this EFP. All
catch of stocks allocated to Sectors by
vessels on a Sector trip would be
deducted from the Sector’s Annual
Catch Entitlement (ACE) for each
Northeast multispecies stock. Once a
sector’s ACE for a stock has been
reached, vessels would no longer be
allowed to target groundfish in that
stock area, unless they acquired
additional ACE for the limiting stock.
Non-sector vessels would be exempted
from possession restrictions as
identified below in the table, but would
still be subject to trimester total
allowable catch (TAC) accountability
measures applicable to non-sector
groundfish vessels, which state that
when 90 percent of the trimester TAC
for a groundfish stock is projected to be
caught, the area where that stock is
predominantly caught will close to
vessels fishing with a specific gear type
for the rest of that trimester.
NEFSC STUDY FLEET PROGRAM EFP
Approximate number of vessels
30
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Exempted regulations in 50 CFR part 648 ..............................................
NEFSC Study Fleet Program’s
Sampling Needs:
Haddock—whole fish would be
retained for maturity and fecundity
research. The haddock retained would
not exceed 30 fish per trip, or 360 fish
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Size limits
§ 648.83 NE multispecies minimum size.
§ 648.93 Monkfish minimum fish size.
§ 648.104 Summer flounder minimum fish size.
§ 648.147 Black sea bass minimum fish size.
Possession restrictions
§ 648.86(a) Haddock.
§ 648.86(b) Atlantic cod.
§ 648.86(g) Yellowtail flounder.
§ 648.86(j) Georges Bank winter flounder.
§ 648.86(l) Zero retention of Atlantic wolffish.
§ 648.86(o) Possession limits implemented by Regional Administrator.
§ 648.94 Monkfish possession limit.
§ 648.106 Summer flounder possession restrictions.
§ 648.322 Skate possession and landing restrictions.
§ 648.145 Black sea bass possession limits.
§ 648.235 Spiny dogfish possession and landing restrictions.
for all trips. The maximum weight of
haddock on any trip would not exceed
120 lb (54.43 kg) total weight per trip,
and would not exceed 1,440 lb (653.17
kg) for all trips combined.
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Yellowtail Flounder—whole fish
would be retained for maturity,
fecundity, bioelectrical impedance
analysis (BIA), food habits, and genetic
research. The yellowtail flounder
retained would not exceed 200 fish per
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month from each of the three stock areas
(Gulf of Maine (GOM), Georges Bank
(GB), Southern New England/MidAtlantic (SNE/MA)), or 1,200 fish total
from each stock area for all trips. The
maximum weight on any trip would not
exceed 100 lb (45.4 kg) total weight, and
would not exceed 3,000 lb (1,361.8 kg)
for all trips combined.
Summer Flounder—whole fish would
be retained for maturity, fecundity, BIA,
food habits, and genetic research. The
summer flounder retained would not
exceed 200 fish per month from each of
the three stock areas (GOM, GB, SNE/
MA), or 1,200 fish total from each stock
area for all trips. The maximum weight
on any trip would not exceed 150 lb
(68.04 kg) total weight, and would not
exceed 4,500 lb (2,041.17 kg) for all trips
combined.
Winter Flounder—whole fish would
be retained for maturity, fecundity, BIA,
food habits, and genetic research. The
winter flounder retained would not
exceed 200 fish per month from each of
the three stock areas (GOM, GB, SNE/
MA), or 1,200 fish total from each stock
area for all trips. The maximum weight
on any trip would not exceed 100 lb
(45.36 kg) total weight, and would not
exceed 3,000 lb (1,360.78 kg) for all trips
combined.
Windowpane Flounder—whole fish
retained for age and growth work to
support a 2015 windowpane stock
assessment. Otoliths and fish length
would be collected to validate ages
using marginal increment analysis. Not
to exceed 40 fish per month from all
stock areas combine (GOM and GB
stock) or 520 fish total for all trips. The
maximum weight on any trip would not
exceed 30 lb (13.6 kg), total weight not
to exceed 360 lb (163.3 kg) for all trips
combined.
Spiny Dogfish—whole fish would be
retained for reproductive biology
research. The spiny dogfish retained
would not exceed 60 fish per month
from all stock areas combined (GOM,
GB, and SNE/MA), or 720 fish total for
all trips. The maximum weight on any
trip would not exceed 350 lb (158.76
kg), and would not exceed 4,200 lb
(1,905.09 kg) total for all trips.
Monkfish—whole fish would be
retained for maturity and fecundity
research. Monkfish retained would not
exceed 10 fish per trip, or 120 fish total
for all trips. The maximum weight on
any trip would not exceed 100 lb (45.36
kg) total weight, and would not exceed
1,200 lb (544.31 kg) for all trips
combined.
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Atlantic Cod—whole fish would be
retained for maturity, fecundity, BIA,
food habits, and genetic research. Cod to
be retained would not exceed 200 fish
per month from each of the three stock
areas (GOM, GB, SNE/MA), or 1,200 fish
total from each stock area for all trips.
The maximum weight on any trip would
not exceed 300 lb (136.08 kg) total
weight, and would not exceed 8,500 lb
(3,855.54 kg) for all trips combined.
Barndoor Skate—whole and, in some
cases, live skates would be retained for
age and growth research and species
confirmation. The barndoor skates
retained would not exceed 20 fish per
3-month period, or 80 skates total for all
trips. The maximum weight on any trip
would not exceed 75 lb (34.02 kg) total
weight, and would not exceed 300 lb
(136.08 kg) total for all trips combined.
Thorny Skate—whole and, in some
cases, live skates would be retained for
age and growth research and species
confirmation. Thorny skates retained
would not exceed 20 fish per 3-month
period, or 80 skates total for all trips.
The maximum weight on any trip would
not exceed 75 lb (34.02 kg) whole
weight, and would not exceed 300 lb
(136.08 kg) total for all trips combined.
Black Sea Bass—whole fish would be
retained for examination of seasonal and
latitudinal patterns in energy allocation.
This effort is in support of an ongoing
study at the NEFSC to evaluate BIA to
measure fish energy density and
reproductive potential for stock
assessment. Black sea bass retained
would not exceed 75 fish per trip or 300
black sea bass total for all trips. The
maximum weight on any trip would not
exceed 250 lb (113.40 kg) total weight,
and would not exceed 1,000 lb (453.59
kg) total for all trips combined.
Atlantic wolffish—whole fish would
be retained for maturity, fecundity, and
life history research. Atlantic wolffish
retained would not exceed 30 fish per
month or 360 fish total for all trips. The
maximum weight on any trip would not
exceed 120 lb (54.4 kg) and would not
exceed 3,000 lb (1,360.8 kg) total for all
trips combined.
Cusk—whole fish would be retained
for maturity, fecundity, and life history
research. Cusk retained would not
exceed 30 fish per month or 360 fish
total for all trips. The maximum weight
on any trip would not exceed 100 lb
(45.4 kg) and would not exceed 2,300 lb
(1,043.3 kg) total for all trips combined.
Atlantic halibut—whole fish retained
for age, growth, maturity, fecundity, and
diet research. Not to exceed 10 fish per
month or 120 fish total for all trips. The
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maximum weight on any trip would not
exceed 300 lb (136.1 kg) and would not
exceed 10,000 lb (4,535.9 kg) total for all
trips combined.
Closed Area I and II Study Fleet Pilot
Study
Georges Bank (GB) Closed Areas (CAs)
I and II have been closed to most
groundfish fishing for nearly 20 years.
Consequently, there are questions about
what the catch composition and catch
rates would be if groundfish vessels
were allowed to fish in these areas. For
fishing year 2014, the Greater Atlantic
Regional Fisheries Office (GARFO) has
proposed consideration of granting
groundfish sector vessels restricted
access to GB CAs I and II, which was
announced in a proposed rule (79 FR
14639, March 17, 2014), should results
from the NEFSC’s Study Fleet warrant
doing so. Under this exemption, access
would be proposed as follows:
Closed Area I
The central portion (see below) of CA
I (i.e., outside of essential fish habitat)
would be opened from the date a final
rule approving the exemption is
published, through December 31, 2014.
Trawl vessels would be restricted to
selective trawl gear, including the
separator trawl, Ruhle trawl, and the
rope trawl. Hook gear would be
permitted in this area as well, but
gillnets would be prohibited. An
industry-funded at-sea monitor would
be required for every trip.
The portion of Closed Area I, defined
by straight lines connecting the
following points:
Point
A
B
C
D
A
...........................
...........................
...........................
...........................
...........................
N. lat.
41°04′
41°26′
40°58′
40°55′
41°04′
W. long.
69°01′
68°30′
68°30′
68°53′
69°01′
Closed Area II
The central portion (see below) of CA
II (i.e., outside of essential fish habitat)
would be opened from November 1,
2014, through December 31, 2014. The
gear restrictions in CA II are the same
as those proposed for CA I—selective
trawls and hook gear only, gillnets
would be prohibited. An industryfunded at-sea monitor would be
required for every trip.
The portion of Closed Area II, defined
by straight lines connecting the
following points:
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Point
A
B
C
D
E
F
A
N. lat.
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
41°30′
41°30′
41°50′
41°50′
42°00′
42°00′
41°30′
W. long.
(66°34.8′)
67°20′
67°20′
67°10′
67°10′
(67°00.63′)
(66°34.8′)
Note
(1)
(2), (3)
(1)
1 The
intersection of 41°30’ N. latitude and the U.S.-Canada Maritime Boundary, approximate longitude in parentheses.
intersection of 42°00’ N. latitude and the U.S.-Canada Maritime Boundary, approximate longitude in parentheses.
3 From POINT F back to POINT A along the U.S.-Canada Maritime Boundary.
2 The
The proposed rule highlighted that
GARFO is interested in conducting
research through an EFP to gather catch
data from portions of CAs I and II to
provide basic catch information to the
industry, the public, and NMFS.
Participating vessels would require an
exemption from CA I and II regulations
at 50 CFR 648.81(a) and (b),
respectively, and fish possession
restrictions noted above (for catch
sampling purposes only) to conduct this
study.
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Pilot Study Objectives
This pilot project would authorize
limited access groundfish sector vessels
in the study fleet to fish in portions of
CAs I and II to achieve the following
objectives:
1. Provide basic catch composition
and catch rate data, with a focus on
target species such as haddock, and
species of concern, such as yellowtail
flounder and cod.
2. Evaluate the economic benefit of
allowing sector vessels to fish in these
areas, as proposed under the sector rule.
Pilot Study Methods
Vessels would take up to 10 trips into
portions of CA I and/or CA II to collect
catch composition data. Vessels would
fish in accordance with standard
commercial practice, including tow
duration ranges between 1 and 3 hours,
tow speed averages of 2.5–3.0 knots, and
fishing activity throughout the day
when on the fishing grounds. Trips
would be 5–10 days in length. Vessels
would have discretion to fish inside or
outside the closed area during the trip.
When fishing in closed areas, vessels
would be required to use selective trawl
gears (i.e., Ruhle trawl, haddock
separator trawl, or rope separator trawl).
In addition, vessels would only be
authorized to fish within the access
areas proposed above. In CA I, trips
would begin in May 2014 and be
completed no later than December 31,
2014. In CA II, trips would begin in May
2014, be completed no later than June
15, 2014, and then continue between
November 1, 2014, through December
31, 2014. A study fleet technician would
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be on board every trip operating under
the closed area exemption, and the
technician would collect data from
every tow that occurs in a closed area,
including pounds retained and
discarded of focus species, length
frequency of focus species, tow location
and duration, gear specifications, and
bottom temperature, among other
information. Vessels would remain
subject to groundfish catch limits, and
all catch would be accounted for and
applied against the appropriate Annual
Catch Entitlement, or other quota, as
applicable. Legal catch would be sold.
Pilot Study Results
Catch composition and catch rate data
will be characterized at different spatial
and temporal scales (e.g., tow, trip, area)
to inform questions about target and
non-target catch in these areas. Catch
data will be released to the public.
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 impact 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 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–09741 Filed 4–28–14; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD249
Fisheries of the Exclusive Economic
Zone Off Alaska; At-Sea Scales
Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshop.
AGENCY:
NMFS announces a workshop
to solicit input from owners and
operators of catcher/processor vessels
(C/Ps) and motherships that are required
to weigh catch at sea. The workshop
concerns proposed changes to
equipment and operational
requirements for motion compensating
scales that weigh catch at sea. These
proposed changes would affect the
owners and operators of three groups of
vessels: trawl C/Ps and motherships
permitted to fish for or to receive
pollock in the Bering Sea and Aleutian
Islands (BSAI) under the (American
Fisheries Act) AFA; trawl C/Ps
permitted to fish for groundfish under
Amendment 80 to the Fishery
Management Plan for Groundfish of the
BSAI or rockfish in the Central Gulf of
Alaska; and longline C/Ps with a license
limitation program license endorsed for
C/P operations that fish for Pacific cod
using hook-and-line gear in the Bering
Sea or Aleutian Islands areas. The
workshop will be divided into three
sections, and each section will focus on
how the proposed changes will affect
the three groups of vessels described
above. The workshop is open to the
public, but NMFS is specifically
requesting those who are knowledgeable
about the operations of the three groups
of vessels (described above) to attend.
DATES: The public workshop will be
held on Friday, May 16, 2014. The
workshop will be divided into three
sessions: AFA trawl C/Ps and
motherships, 9 a.m. to 10:30 a.m. Pacific
daylight savings time; Amendment 80
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 23941-23944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09741]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD258
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permit
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, Northeast Region, NMFS (Assistant Regional Administrator),
has made a preliminary determination that an Exempted Fishing Permit
application submitted by the Northeast Fisheries Science Center
contains all of the required information and warrants further
consideration. The Exempted Fishing Permit would exempt participating
vessels from the following types of fishery regulations: Minimum fish
size restrictions; fish possession limits; prohibited fish species, not
including species protected under the Endangered Species Act; gear-
specific fish possession restrictions for the purpose of collecting
fishery dependent catch data and biological samples; and the
prohibition from fishing in year-round groundfish closed areas.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act require publication of this notification to provide
interested parties the opportunity to comment on Exempted Fishing
Permit applications.
DATES: Comments must be received on or before May 14, 2014.
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 NEFSC Study Fleet EFP.''
Mail: John K. Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional FIsheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
NEFSC Study Fleet EFP.''
[[Page 23942]]
Fax: (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management
Specialist, 978-675-2153, Brett.Alger@noaa.gov.
SUPPLEMENTARY INFORMATION: The Northeast Fisheries Science Center
(NEFSC) submitted a complete application for an Exempted Fishing Permit
(EFP) on April 3, 2014, to enable data collection activities that the
regulations on commercial fishing would otherwise restrict. The EFP
would exempt approximately 30 federally permitted commercial fishing
vessels from the regulations detailed below while participating in the
Study Fleet Program and operating under projects managed by the NEFSC.
The EFP would exempt participating vessels from minimum fish size
restrictions; fish possession limits; prohibited fish species, not
including species protected under the Endangered Species Act; gear-
specific fish possession restrictions for the purpose of at-sea
sampling and, in limited situations for research purposes only, to
retain and land fish that would otherwise be prohibited; and the
prohibition from fishing in portions of groundfish year-round closed
areas.
The NEFSC Study Fleet Program was established in 2002 to more fully
characterize commercial fishing operations and to leverage sampling
opportunities to augment NMFS data collection programs. Participating
vessels are contracted by the NEFSC to collect tow by tow catch and
environmental data, and to fulfill specific biological sampling needs
identified by the NEFSC. To collect these data, the NEFSC Study Fleet
Program has obtained an EFP to secure the necessary waivers needed by
the vessels to obtain fish that would otherwise be prohibited by
regulations.
Crew trained by the NEFSC Study Fleet Program in methods that are
consistent with the current NEFSC observer protocol, while under
fishing operations, would sort, weigh, and measure fish that are to be
discarded. An exemption from minimum fish size restrictions; fish
possession limits; prohibited fish species, not including species
protected under the Endangered Species Act; and gear-specific fish
possession restrictions for at-sea sampling is required because some
discarded species would be on deck slightly longer than under normal
sorting procedures.
Participating vessels would also be authorized to retain and land,
in limited situations for research purposes only, fish that do not
comply with fishing regulations. The vessels would be authorized to
retain specific amounts of particular species in whole or round weight
condition, in marked totes, which would be delivered to Study Fleet
Program technicians. The NEFSC would require participating vessels to
obtain written approval from the NEFSC Study Fleet Program prior to
landing any fish in excess of possession limits and/or below minimum
size limits to ensure that the landed fish do not exceed any of the
Study Fleet Program's collection needs, as detailed below. None of the
landed biological samples from these trips would be sold for commercial
use or used for any other purpose other than scientific research.
The table below details the regulations from which the
participating vessels would be exempt when retaining and landing fish
for research purposes. The participating vessels would be required to
comply with all other applicable requirements and restrictions
specified at 50 CFR part 648, unless specifically exempted in this EFP.
All catch of stocks allocated to Sectors by vessels on a Sector trip
would be deducted from the Sector's Annual Catch Entitlement (ACE) for
each Northeast multispecies stock. Once a sector's ACE for a stock has
been reached, vessels would no longer be allowed to target groundfish
in that stock area, unless they acquired additional ACE for the
limiting stock. Non-sector vessels would be exempted from possession
restrictions as identified below in the table, but would still be
subject to trimester total allowable catch (TAC) accountability
measures applicable to non-sector groundfish vessels, which state that
when 90 percent of the trimester TAC for a groundfish stock is
projected to be caught, the area where that stock is predominantly
caught will close to vessels fishing with a specific gear type for the
rest of that trimester.
NEFSC Study Fleet Program EFP
------------------------------------------------------------------------
Approximate number of vessels 30
------------------------------------------------------------------------
Exempted regulations in 50 CFR part 648 Size limits
Sec. 648.83 NE multispecies
minimum size.
Sec. 648.93 Monkfish minimum
fish size.
Sec. 648.104 Summer flounder
minimum fish size.
Sec. 648.147 Black sea bass
minimum fish size.
Possession restrictions
Sec. 648.86(a) Haddock.
Sec. 648.86(b) Atlantic cod.
Sec. 648.86(g) Yellowtail
flounder.
Sec. 648.86(j) Georges Bank
winter flounder.
Sec. 648.86(l) Zero retention
of Atlantic wolffish.
Sec. 648.86(o) Possession
limits implemented by Regional
Administrator.
Sec. 648.94 Monkfish
possession limit.
Sec. 648.106 Summer flounder
possession restrictions.
Sec. 648.322 Skate possession
and landing restrictions.
Sec. 648.145 Black sea bass
possession limits.
Sec. 648.235 Spiny dogfish
possession and landing
restrictions.
------------------------------------------------------------------------
NEFSC Study Fleet Program's Sampling Needs:
Haddock--whole fish would be retained for maturity and fecundity
research. The haddock retained would not exceed 30 fish per trip, or
360 fish for all trips. The maximum weight of haddock on any trip would
not exceed 120 lb (54.43 kg) total weight per trip, and would not
exceed 1,440 lb (653.17 kg) for all trips combined.
Yellowtail Flounder--whole fish would be retained for maturity,
fecundity, bioelectrical impedance analysis (BIA), food habits, and
genetic research. The yellowtail flounder retained would not exceed 200
fish per
[[Page 23943]]
month from each of the three stock areas (Gulf of Maine (GOM), Georges
Bank (GB), Southern New England/Mid-Atlantic (SNE/MA)), or 1,200 fish
total from each stock area for all trips. The maximum weight on any
trip would not exceed 100 lb (45.4 kg) total weight, and would not
exceed 3,000 lb (1,361.8 kg) for all trips combined.
Summer Flounder--whole fish would be retained for maturity,
fecundity, BIA, food habits, and genetic research. The summer flounder
retained would not exceed 200 fish per month from each of the three
stock areas (GOM, GB, SNE/MA), or 1,200 fish total from each stock area
for all trips. The maximum weight on any trip would not exceed 150 lb
(68.04 kg) total weight, and would not exceed 4,500 lb (2,041.17 kg)
for all trips combined.
Winter Flounder--whole fish would be retained for maturity,
fecundity, BIA, food habits, and genetic research. The winter flounder
retained would not exceed 200 fish per month from each of the three
stock areas (GOM, GB, SNE/MA), or 1,200 fish total from each stock area
for all trips. The maximum weight on any trip would not exceed 100 lb
(45.36 kg) total weight, and would not exceed 3,000 lb (1,360.78 kg)
for all trips combined.
Windowpane Flounder--whole fish retained for age and growth work to
support a 2015 windowpane stock assessment. Otoliths and fish length
would be collected to validate ages using marginal increment analysis.
Not to exceed 40 fish per month from all stock areas combine (GOM and
GB stock) or 520 fish total for all trips. The maximum weight on any
trip would not exceed 30 lb (13.6 kg), total weight not to exceed 360
lb (163.3 kg) for all trips combined.
Spiny Dogfish--whole fish would be retained for reproductive
biology research. The spiny dogfish retained would not exceed 60 fish
per month from all stock areas combined (GOM, GB, and SNE/MA), or 720
fish total for all trips. The maximum weight on any trip would not
exceed 350 lb (158.76 kg), and would not exceed 4,200 lb (1,905.09 kg)
total for all trips.
Monkfish--whole fish would be retained for maturity and fecundity
research. Monkfish retained would not exceed 10 fish per trip, or 120
fish total for all trips. The maximum weight on any trip would not
exceed 100 lb (45.36 kg) total weight, and would not exceed 1,200 lb
(544.31 kg) for all trips combined.
Atlantic Cod--whole fish would be retained for maturity, fecundity,
BIA, food habits, and genetic research. Cod to be retained would not
exceed 200 fish per month from each of the three stock areas (GOM, GB,
SNE/MA), or 1,200 fish total from each stock area for all trips. The
maximum weight on any trip would not exceed 300 lb (136.08 kg) total
weight, and would not exceed 8,500 lb (3,855.54 kg) for all trips
combined.
Barndoor Skate--whole and, in some cases, live skates would be
retained for age and growth research and species confirmation. The
barndoor skates retained would not exceed 20 fish per 3-month period,
or 80 skates total for all trips. The maximum weight on any trip would
not exceed 75 lb (34.02 kg) total weight, and would not exceed 300 lb
(136.08 kg) total for all trips combined.
Thorny Skate--whole and, in some cases, live skates would be
retained for age and growth research and species confirmation. Thorny
skates retained would not exceed 20 fish per 3-month period, or 80
skates total for all trips. The maximum weight on any trip would not
exceed 75 lb (34.02 kg) whole weight, and would not exceed 300 lb
(136.08 kg) total for all trips combined.
Black Sea Bass--whole fish would be retained for examination of
seasonal and latitudinal patterns in energy allocation. This effort is
in support of an ongoing study at the NEFSC to evaluate BIA to measure
fish energy density and reproductive potential for stock assessment.
Black sea bass retained would not exceed 75 fish per trip or 300 black
sea bass total for all trips. The maximum weight on any trip would not
exceed 250 lb (113.40 kg) total weight, and would not exceed 1,000 lb
(453.59 kg) total for all trips combined.
Atlantic wolffish--whole fish would be retained for maturity,
fecundity, and life history research. Atlantic wolffish retained would
not exceed 30 fish per month or 360 fish total for all trips. The
maximum weight on any trip would not exceed 120 lb (54.4 kg) and would
not exceed 3,000 lb (1,360.8 kg) total for all trips combined.
Cusk--whole fish would be retained for maturity, fecundity, and
life history research. Cusk retained would not exceed 30 fish per month
or 360 fish total for all trips. The maximum weight on any trip would
not exceed 100 lb (45.4 kg) and would not exceed 2,300 lb (1,043.3 kg)
total for all trips combined.
Atlantic halibut--whole fish retained for age, growth, maturity,
fecundity, and diet research. Not to exceed 10 fish per month or 120
fish total for all trips. The maximum weight on any trip would not
exceed 300 lb (136.1 kg) and would not exceed 10,000 lb (4,535.9 kg)
total for all trips combined.
Closed Area I and II Study Fleet Pilot Study
Georges Bank (GB) Closed Areas (CAs) I and II have been closed to
most groundfish fishing for nearly 20 years. Consequently, there are
questions about what the catch composition and catch rates would be if
groundfish vessels were allowed to fish in these areas. For fishing
year 2014, the Greater Atlantic Regional Fisheries Office (GARFO) has
proposed consideration of granting groundfish sector vessels restricted
access to GB CAs I and II, which was announced in a proposed rule (79
FR 14639, March 17, 2014), should results from the NEFSC's Study Fleet
warrant doing so. Under this exemption, access would be proposed as
follows:
Closed Area I
The central portion (see below) of CA I (i.e., outside of essential
fish habitat) would be opened from the date a final rule approving the
exemption is published, through December 31, 2014. Trawl vessels would
be restricted to selective trawl gear, including the separator trawl,
Ruhle trawl, and the rope trawl. Hook gear would be permitted in this
area as well, but gillnets would be prohibited. An industry-funded at-
sea monitor would be required for every trip.
The portion of Closed Area I, defined by straight lines connecting
the following points:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
A................................ 41[deg]04' 69[deg]01'
B................................ 41[deg]26' 68[deg]30'
C................................ 40[deg]58' 68[deg]30'
D................................ 40[deg]55' 68[deg]53'
A................................ 41[deg]04' 69[deg]01'
------------------------------------------------------------------------
Closed Area II
The central portion (see below) of CA II (i.e., outside of
essential fish habitat) would be opened from November 1, 2014, through
December 31, 2014. The gear restrictions in CA II are the same as those
proposed for CA I--selective trawls and hook gear only, gillnets would
be prohibited. An industry-funded at-sea monitor would be required for
every trip.
The portion of Closed Area II, defined by straight lines connecting
the following points:
[[Page 23944]]
----------------------------------------------------------------------------------------------------------------
Point N. lat. W. long. Note
----------------------------------------------------------------------------------------------------------------
A................................... 41[deg]30' (66[deg]34.8') (1)
B................................... 41[deg]30' 67[deg]20' .......................
C................................... 41[deg]50' 67[deg]20' .......................
D................................... 41[deg]50' 67[deg]10' .......................
E................................... 42[deg]00' 67[deg]10' .......................
F................................... 42[deg]00' (67[deg]00.63') (2), (3)
A................................... 41[deg]30' (66[deg]34.8') (1)
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N. latitude and the U.S.-Canada Maritime Boundary, approximate longitude in
parentheses.
\2\ The intersection of 42[deg]00' N. latitude and the U.S.-Canada Maritime Boundary, approximate longitude in
parentheses.
\3\ From POINT F back to POINT A along the U.S.-Canada Maritime Boundary.
The proposed rule highlighted that GARFO is interested in
conducting research through an EFP to gather catch data from portions
of CAs I and II to provide basic catch information to the industry, the
public, and NMFS. Participating vessels would require an exemption from
CA I and II regulations at 50 CFR 648.81(a) and (b), respectively, and
fish possession restrictions noted above (for catch sampling purposes
only) to conduct this study.
Pilot Study Objectives
This pilot project would authorize limited access groundfish sector
vessels in the study fleet to fish in portions of CAs I and II to
achieve the following objectives:
1. Provide basic catch composition and catch rate data, with a
focus on target species such as haddock, and species of concern, such
as yellowtail flounder and cod.
2. Evaluate the economic benefit of allowing sector vessels to fish
in these areas, as proposed under the sector rule.
Pilot Study Methods
Vessels would take up to 10 trips into portions of CA I and/or CA
II to collect catch composition data. Vessels would fish in accordance
with standard commercial practice, including tow duration ranges
between 1 and 3 hours, tow speed averages of 2.5-3.0 knots, and fishing
activity throughout the day when on the fishing grounds. Trips would be
5-10 days in length. Vessels would have discretion to fish inside or
outside the closed area during the trip. When fishing in closed areas,
vessels would be required to use selective trawl gears (i.e., Ruhle
trawl, haddock separator trawl, or rope separator trawl). In addition,
vessels would only be authorized to fish within the access areas
proposed above. In CA I, trips would begin in May 2014 and be completed
no later than December 31, 2014. In CA II, trips would begin in May
2014, be completed no later than June 15, 2014, and then continue
between November 1, 2014, through December 31, 2014. A study fleet
technician would be on board every trip operating under the closed area
exemption, and the technician would collect data from every tow that
occurs in a closed area, including pounds retained and discarded of
focus species, length frequency of focus species, tow location and
duration, gear specifications, and bottom temperature, among other
information. Vessels would remain subject to groundfish catch limits,
and all catch would be accounted for and applied against the
appropriate Annual Catch Entitlement, or other quota, as applicable.
Legal catch would be sold.
Pilot Study Results
Catch composition and catch rate data will be characterized at
different spatial and temporal scales (e.g., tow, trip, area) to inform
questions about target and non-target catch in these areas. Catch data
will be released to the public.
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 impact 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 24, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-09741 Filed 4-28-14; 8:45 am]
BILLING CODE 3510-22-P
