Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 34283-34284 [2017-15487]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Pages 34283-34284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15487]



[[Page 34283]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF353


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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

SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary 
determination that an Exempted Fishing Permit application contains all 
of the required information and warrants further consideration. This 
Exempted Fishing Permit (EFP) would allow one commercial fishing 
vessels to fish outside of the Northeast multispecies regulations in 
support of gear research to target healthy haddock and redfish stocks. 
Specifically, this EFP would require a temporary exemption from minimum 
mesh sizes, and possession limits to enabale catch sampling.
    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 8, 2017.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: nmfs.gar.efp@noaa.gov. Include in the subject line 
``GMRI Off-bottom Trawl 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 ``GMRI Off-
bottom Trawl EFP.''

FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management 
Specialist, 978-281-9116.

SUPPLEMENTARY INFORMATION: GMRI submitted a complete application for an 
EFP on April 27, 2017, in support of research associated with a 2016 
Saltonstall-Kennedy Program project titled ``Complementary testing of 
off-bottom trawls to target Georges Bank haddock.'' The EFP requests 
the ability to use two sub-legal sized codends to target and haddock.
    The overall goal of this project is to test the efficacy of an off-
bottom trawl fitted with a small-mesh codend to access healthy haddock 
and redfish stocks while avoiding other groundfish stocks. Additional 
objectives include the development of a fuel-efficient trawl that also 
reduces disruption to benthic habitat. One vessel, the F/V Teresa Marie 
IV, would conduct a three-phase research plan to test the off-bottom 
trawl with two different codends: A 4.5-inch (11.43-cm) diamond mesh 
when targeting redfish, and a 5.1-inch (12.954-cm) square mesh when 
targeting haddock. The proposed off-bottom trawl would require an 
exemption from the Northeast multispecies minimum mesh size 
requirements at Sec.  648.80(a)(3)(ii), because the codend and 
extension mesh size would be less than the minimum regulated mesh.
    The 4.5-inch (11.43-cm) diamond mesh codend was previously 
authorized for use in the redfish exempted fishery, through a 
regulatory exemption to sectors, based on the results of previous 
redfish selectivity research (REDNET). This exemption has been modified 
a number of times in order to balance the conservation requirements, 
and economic goals of the fishery. In fishing year 2017, a 5.5-inch 
(14.0-cm) mesh was authorized within the redfish exemption area. During 
the REDNET study, substantial catches of redfish with low levels of 
incidental catch or bycatch of regulated species were observed when 
using a 4.5-inch (11.43-cm) mesh codend.
    The square-mesh 5.1-inch (12.954-cm) codend was selected based on 
the Canadian haddock fishery, which uses a 5-inch (12.7-cm) square-mesh 
codend. The Canadian Department of Fisheries and Oceans has also 
conducted studies on the selectivity of various mesh sizes. This codend 
mesh size has been approved for use in a previous EFP issued to 
Atlantic Trawlers Fishing, Inc. Only a small number of trips were taken 
under that EFP, which limited the ability to produce statistically 
reliable results, but there were indications that haddock selectivity 
between the 5.1-inch (12.954-cm) square mesh codend and 6.5-inch 
(16.51-cm) diamond mesh codend were similar.
    During Phase 1, the captain and crew of the F/V Teresa Marie IV 
would familiarize themselves with the operation of the off-bottom 
trawl. Testing would include how to deploy the trawl to a desired 
operating depth, maintain depth, adjust depth, and haul back. This 
phase would be carried out in August or September 2017 (Table 1). Five 
days-at-sea would be required for testing. Tow duration could be as 
short as 30 minutes or as long as 3 to 4 hours, depending on the 
outcome of the gear testing. Testing of the net, outfitted with the 
square-mesh 5.1-inch (12.954-cm) codend, would occur in open areas of 
Georges Bank (Statistical Areas 512, 513, and 515) for three days. 
Testing of the net, outfitted with the 4.5-inch (11.43-cm) codend, 
would occur in the redfish exemption area for two days. The off-bottom 
trawl would be equipped with Simrad and NOTUS sensors to provide 
acoustic images of the fishing circle, trawl geometry and height above 
the seabed, and fish entering the trawl. A GMRI research technician 
would be on board to conduct catch sampling and collect data on the 
performance of the net. The primary purpose of the trip is to 
demonstrate the ability to control net position within the water column 
and net geometry. Catch is likely to be minimal in this phase; many 
tows will be conducted in areas where limited catch is expected, as the 
purpose of this phase to optimize gear performance, not demonstrate 
catch composition. However, any legal-size groundfish catch would be 
retained for sale, consistent with the Northeast Multispecies Fishery 
Management Plan (FMP), and all catch would be attributed against the 
applicable sector Annual Catch Entitlement (ACE), consistent with 
standard catch accounting procedures.
    In Phase 2, the off-bottom trawl would be evaluated during a 5-day 
controlled study on-board the F/V Teresa Marie IV conducted in August 
or September 2017 (Table 1). The off-bottom trawl would be tested at 
two towing speeds (3 and 4 kts) while actively fishing in order to 
represent normal working conditions. Testing of the net outfitted with 
the 5.1-inch (12.954-cm) square-mesh codend would occur in open areas 
of Georges Bank (Statistical Areas 512, 513, and 515) for 3 days-at-sea 
(DAS). Testing of the net outfitted with the 4.5-inch (11.43-cm) 
diamond codend would occur in the redfish exemption area for 2 days. 
Underwater cameras would be used to film the off-bottom trawl in 
operation, in conjunction with net mensuration equipment to examine the 
trawl geometry and clearance over the seabed, as well as the catch as 
it enters the trawl and reaches the codend. Catch would be retained for 
sale. Catch would be attributed against the applicable sector ACE, 
consistent with standard catch accounting procedures.
    Phase 3 would test the off-bottom trawl using both codends under a 
wide range of commercial conditions to broadly characterize the fishing 
performance of the net. The off-bottom trawl would be fished from the 
F/V

[[Page 34284]]

Teresa Marie IV. Phase 3 would include ten 8-day trips occurring from 
August through December 2017. Trips would be split between Georges Bank 
and the Gulf of Maine targeting haddock and redfish, respectively. 
Targeted redfish fishing, with the 4.5-inch (11.43-cm) codend, would 
only occur within the sector redfish exemption area (Table 1).

                                                               Table 1--Proposed EFP Trips
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Number of                                                   Location
               Phase                      trips       DAS per trip           Season           (statistical areas)              Target species
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................               1               5  August/September......  512, 513, 515 (3       Redfish.
                                                                                              days).                Haddock.
                                                                                             521, 522 (2 days)....
2..................................               1               5  August/September......  512, 513, 515 (3       Redfish.
                                                                                              days).                Haddock.
                                                                                             521, 522 (2 days)....
3..................................              10               8  August-October........  521, 522 (5 days)....  Haddock.
                                                                                             512, 513, 515 (3       Redfish.
                                                                                              days).
                                                                     October-December......  512, 513, 515 (5       Redfish.
                                                                                              days).                Haddock.
                                                                                             521, 522 (3 days)....
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The applicant has stated that estimating anticipated catch for this 
project using the off-bottom trawl is a challenging exercise given a 
lack of historical evidence using a trawl of this design. Subsequently, 
catch from the Teresa Marie IV using a haddock separator trawl in 
fishing year 2016 was used to estimate anticipated catch using the off-
bottom trawl. The average catch of haddock per trip was 5,500 pounds 
(2,495-kg) in the Gulf of Maine, 6,400 pounds (2,903-kg) in the Eastern 
U.S./Canada management area of Georges Bank, and 22,300 pounds (10,115-
kg) in Georges Bank West. The average catch of redfish in the Gulf of 
Maine was 2,000 pounds (907-kg) per trip. The average catch of cod per 
trip was 180 pounds (82-kg) in the Gulf of Maine, 70 pounds (32-kg) in 
the Eastern U.S./Canada management area of Georges Bank, and 530 pounds 
(240-kg) in Georges Bank West. The off-bottom trawl is expected to 
catch at least as much haddock as a bottom trawl, with substantial 
reductions in cod catch, and the complete elimination of flatfish 
catch. If these ratios are not realized the applicant has indicated 
that the off-bottom trawl would be deemed unsuccessful and the project 
may be abandoned.
    All trips would carry a GMRI sampler, an assigned at-sea observer, 
or an independently contracted data collection technician. In Phases 1 
and 2, a GMRI sampler would be onboard to document the operational 
performance of the off-bottom trawl, and sample catch. In Phase 3, a 
GMRI sampler would be onboard the F/V Teresa Marie IV during at least 
two fishing trips. An assigned at-sea observer or independent 
contracted data collection technician would collect data during 
remaining trips with the off-bottom trawl. The volume of the catch is 
anticipated to be large, so subsampling protocols have been developed. 
The dimensions of the boats' checker pens would be measured. Catches 
emptied into these pens would be estimated by recording the depth of 
the catch in each pen. Efforts would be made to spread the catch evenly 
in these pens, and up to 10 measurements of catch depth would be 
recorded in each pen in random locations. This would provide an 
estimate of total catch volume. Legal-sized haddock are placed on a 
conveyor belt and then filleted. A subsample of the total catch would 
be taken from the checker pens to estimate total catch, including cod 
and other non-target species by weight. All fish in the subsample would 
be weighed, and length measurements would be taken for cod and other 
non-target catch. All bycatch would be returned to the sea as soon as 
practicable following data collection. Exemption from minimum sizes 
would support catch sampling activities, and ensure the vessel is not 
in conflict with possession regulations while collecting catch data. 
All trips would otherwise be conducted in a manner consistent with 
normal commercial fishing conditions and catch consistent with the 
Northeast Multispecies FMP would be retained for sale. Trips not 
accompanied by GMRI researchers would be required to carry an At-Sea 
Monitor (ASM), Northeast Fishery Observer Program (NEFOP) observer, or 
privately contracted data collection technician. On trips assigned to 
carry an ASM or observer by NEFOP, normal sampling protocols would be 
carried out. The vessel is responsible for notifying its monitoring 
provider of upcoming research trips and ensuring a research technician 
is present on all EFP trips not selected for observer coverage through 
Pre-trip Notification System (PTNS).
    GMRI needs this exemption to allow them to conduct testing of a net 
configuration that is prohibited by the current regulations. If 
approved, the applicant may request minor modifications and extensions 
to the EFP throughout the year. EFP modifications and extensions may be 
granted without further notice if they are deemed essential to 
facilitate completion of the proposed research and have minimal impacts 
that do not change the scope or impact of the initially approved EFP 
request. Any fishing activity conducted outside the scope of the 
exempted fishing activity would be prohibited.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 19, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-15487 Filed 7-21-17; 8:45 am]
 BILLING CODE 3510-22-P