Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 15794-15795 [2018-07595]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 15794 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices Law Enforcement would randomly inspect fish holds on approximately 10 percent of EFP trips. Because vessels would be fully monitored, GMRI also requested exemptions to incentivize participation in the project and increase fishing opportunities for healthy stocks. The EFP would allow vessels to use the codend configuration used in the Canadian haddock fishery (5.1-inch (13.0-cm) square mesh codend) and/or the codend configuration tested in the REDNET project (4.5-inch (11.4-cm) diamond mesh codend). This exemption is intended to improve size selectivity and increase catch of target species, while avoiding groundfish species of concern. The applicant also requested access to portions of Closed Area II. Vessels would be allowed to fish in the nonessential fish habitat portions of Closed Areas I and II from May 1 through February 15. Vessels would not be allowed to fish in the area from February 16 through April 30 as fishing activity during this time may negatively affect Georges Bank cod and haddock spawning. The applicant states that, due to the distribution and movement of groundfish stocks, this exemption would improve vessels’ ability to selectively target healthy groundfish stocks. The EFP application also requested an exemption from sector third-party ASM requirements. We do not intend to grant this requested exemption. Participating vessels would still be required to discard non-allocated groundfish stocks (e.g. ocean pout, wolffish, windowpane flounder) and adhere to possession limits for certain groundfish stocks (e.g. halibut) and non-groundfish species ((e.g. monkfish, dogfish, skate). NMFS applies assumed discard rates to all trips to estimate catch for non-allocated groundfish and non-groundfish species. These discard rates are calculated from the data that at-sea monitors collect. Therefore, continued ASM coverage for participating vessels is necessary to collect catch and discard information on a subset of EFP trips to derive assumed discard rate values. These vessels would carry ASM coverage at the standard level required for sectors, which is 15 percent for the 2018 fishing year. Northeast Fishery Observer Program observers would not be deployed on these vessels because their fishing activity is not consistent with the Standardized Bycatch Reporting Methodology sampling design. This EFP would cover fishing trips that occur in the 2018 and 2019 fishing years. NMFS would authorize a maximum of eight bottom-trawl vessels VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 to participate. All catch of groundfish stocks allocated to sectors would be deducted from the appropriate sector’s allocation for each groundfish stock. Because this is a maximized retention program, vessels would not be permitted to discard legal unmarketable fish for allocated groundfish stocks, regardless of whether the vessel holds a sector exemption to do so through its operations plan. 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: April 9, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–07583 Filed 4–11–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG151 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an exempted fishing permit application submitted by The Nature Conservancy contains all of the required information and warrants further consideration. This exempted fishing permit would allow participants to use electronic monitoring systems in lieu of at-sea monitors in support of a study to develop electronic monitoring for catch monitoring in the groundfish fishery. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 parties the opportunity to comment on applications for proposed Exempted Fishing Permits. DATES: Comments must be received on or before April 27, 2018. ADDRESSES: You may submit written comments by either of the following methods: • Email: nmfs.gar.efp@noaa.gov. Include in the subject line ‘‘TNC EM EFP RENEWAL.’’ • Mail: Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘TNC EM EFP RENEWAL.’’ FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Groundfish Fishery Management Specialist, 978–281–9255. SUPPLEMENTARY INFORMATION: Groundfish sectors are required to implement and fund an at-sea monitoring (ASM) program. Sectors may use electronic monitoring (EM) to satisfy this monitoring requirement, provided NMFS deems the technology sufficient for catch monitoring. NMFS has yet to approve EM as a suitable alternative to ASM. However, we are working with industry and other stakeholders to test the operational feasibility of EM and resolve outstanding issues that are barriers to implementation. In fishing year 2016, The Nature Conservancy, in partnership with the Cape Cod Commercial Fishermen’s Alliance; the Maine Coast Fishermen’s Association; and, the Gulf of Maine Research Institute; and fishermen from the Northeast Fishery Sectors V & XI, the GB Cod Fixed Gear Sector, the Sustainable Harvest Sector, and the Maine Coast Community Sector; obtained an exempted fishing permit (EFP) for vessels to use EM systems in lieu of human observers to meet their ASM requirements. Fourteen vessels participated in the project, and 52 EFP trips were completed. In fishing year 2017, the project partners submitted a renewal request for this EFP as well as an additional EFP application for a 100percent EM project. Both EFPs were issued; 13 vessels participated in the 100-percent EFP and 5 vessels participated in this EFP. Thirty-seven EFP trips were completed this year to date under this EFP. The project partners have submitted a renewal request for this EFP for the 2018 fishing year. The proposed participant list includes five vessels, all of which participated in this EFP in fishing year 2017. Together, they are expected to take an estimated 225 trips in fishing year 2018. At 15-percent E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices observer coverage, this would equate to roughly 30–35 EFP trips. Vessels participating in this EFP would use EM in lieu of human ASMs, and in addition to Northeast Fishery Observer Program (NEFOP) observers, on groundfish trips selected for observer coverage. Vessels would adhere to a vessel-specific Vessel Monitoring Plan (VMP) detailing at-sea catch handling protocols. An EM service provider would review 100 percent of the video footage. The provider would also produce an EM summary report identifying, counting, and generating weight estimates for all groundfish discards, which it would submit to the NMFS Greater Atlantic Fisheries Regional Office. These data would be used for catch accounting purposes on trips selected for ASM coverage. EM data would not be used for catch accounting in place of observer data on NEFOP trips, but the information generated would facilitate comparisons between cameras and human observers. The Northeast Fisheries Science Center would conduct a secondary review of the EM summary reports for a subset of EFP trips. Under this EFP, vessels would be exempt from their sector’s monitoring program requirement only, and all other standard sector reporting and monitoring requirements would still apply, such as using dealer-reported landings and vessel trip reports. Vessels would be assigned observer coverage at the standard ASM coverage level of 15 percent, which is a combination of NEFOP and ASM coverage. All catch of allocated groundfish stocks would be deducted from the appropriate sector’s allocation. Legal-sized regulated groundfish would be retained and landed, as required by the Northeast Multispecies Fishery Management Plan. Undersized groundfish would be handled according to the VMP guidelines in view of cameras and returned to the sea as quickly as possible. All other species would be handled per normal commercial fishing operations. No legal-size regulated groundfish would be discarded, unless otherwise permitted through regulatory exemptions granted to the participating vessel’s sector. 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 VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 et seq. Dated: April 9, 2018. Jennifer M. Wallace, Acting Director, Office of Sustaianble Fisheries, National Marine Fisheries Service. [FR Doc. 2018–07595 Filed 4–11–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG059 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Demolition and Reuse of the Original East Span of the San Francisco-Oakland Bay Bridge National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. AGENCY: NMFS has received a request from the California Department of Transportation (Caltrans) for authorization to take marine mammals during the dismantling and reuse of the original East Span of the San FranciscoOakland Bay Bridge (SFOBB) in the San Francisco Bay (SFB). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than May 14, 2018. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Young@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 15795 attachments, must not exceed a 25megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/node/ 23111 without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Sara Young, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15794-15795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07595]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG151


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 submitted by 
The Nature Conservancy contains all of the required information and 
warrants further consideration. This exempted fishing permit would 
allow participants to use electronic monitoring systems in lieu of at-
sea monitors in support of a study to develop electronic monitoring for 
catch monitoring in the groundfish fishery. 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 April 27, 2018.

ADDRESSES: You may submit written comments by either of the following 
methods:
     Email: [email protected]. Include in the subject line 
``TNC EM EFP RENEWAL.''
     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``TNC EM EFP 
RENEWAL.''

FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Groundfish Fishery 
Management Specialist, 978-281-9255.

SUPPLEMENTARY INFORMATION: Groundfish sectors are required to implement 
and fund an at-sea monitoring (ASM) program. Sectors may use electronic 
monitoring (EM) to satisfy this monitoring requirement, provided NMFS 
deems the technology sufficient for catch monitoring. NMFS has yet to 
approve EM as a suitable alternative to ASM. However, we are working 
with industry and other stakeholders to test the operational 
feasibility of EM and resolve outstanding issues that are barriers to 
implementation.
    In fishing year 2016, The Nature Conservancy, in partnership with 
the Cape Cod Commercial Fishermen's Alliance; the Maine Coast 
Fishermen's Association; and, the Gulf of Maine Research Institute; and 
fishermen from the Northeast Fishery Sectors V & XI, the GB Cod Fixed 
Gear Sector, the Sustainable Harvest Sector, and the Maine Coast 
Community Sector; obtained an exempted fishing permit (EFP) for vessels 
to use EM systems in lieu of human observers to meet their ASM 
requirements. Fourteen vessels participated in the project, and 52 EFP 
trips were completed. In fishing year 2017, the project partners 
submitted a renewal request for this EFP as well as an additional EFP 
application for a 100-percent EM project. Both EFPs were issued; 13 
vessels participated in the 100-percent EFP and 5 vessels participated 
in this EFP. Thirty-seven EFP trips were completed this year to date 
under this EFP.
    The project partners have submitted a renewal request for this EFP 
for the 2018 fishing year. The proposed participant list includes five 
vessels, all of which participated in this EFP in fishing year 2017. 
Together, they are expected to take an estimated 225 trips in fishing 
year 2018. At 15-percent

[[Page 15795]]

observer coverage, this would equate to roughly 30-35 EFP trips.
    Vessels participating in this EFP would use EM in lieu of human 
ASMs, and in addition to Northeast Fishery Observer Program (NEFOP) 
observers, on groundfish trips selected for observer coverage. Vessels 
would adhere to a vessel-specific Vessel Monitoring Plan (VMP) 
detailing at-sea catch handling protocols. An EM service provider would 
review 100 percent of the video footage. The provider would also 
produce an EM summary report identifying, counting, and generating 
weight estimates for all groundfish discards, which it would submit to 
the NMFS Greater Atlantic Fisheries Regional Office. These data would 
be used for catch accounting purposes on trips selected for ASM 
coverage. EM data would not be used for catch accounting in place of 
observer data on NEFOP trips, but the information generated would 
facilitate comparisons between cameras and human observers. The 
Northeast Fisheries Science Center would conduct a secondary review of 
the EM summary reports for a subset of EFP trips.
    Under this EFP, vessels would be exempt from their sector's 
monitoring program requirement only, and all other standard sector 
reporting and monitoring requirements would still apply, such as using 
dealer-reported landings and vessel trip reports. Vessels would be 
assigned observer coverage at the standard ASM coverage level of 15 
percent, which is a combination of NEFOP and ASM coverage. All catch of 
allocated groundfish stocks would be deducted from the appropriate 
sector's allocation. Legal-sized regulated groundfish would be retained 
and landed, as required by the Northeast Multispecies Fishery 
Management Plan. Undersized groundfish would be handled according to 
the VMP guidelines in view of cameras and returned to the sea as 
quickly as possible. All other species would be handled per normal 
commercial fishing operations. No legal-size regulated groundfish would 
be discarded, unless otherwise permitted through regulatory exemptions 
granted to the participating vessel's sector.
    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: April 9, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustaianble Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-07595 Filed 4-11-18; 8:45 am]
 BILLING CODE 3510-22-P


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