Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 4638-4640 [2020-01301]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 4638 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices Assistance and State Response: 8 hours; Federal Assistance Applications and State Response: 2 hours; Unlisted Activities Requests and Remedial Action Requests: 4 hours each; Public Notices and Listing Notice/ Coordination—State Listings: 1 hour each; Listing Notice/Coordination— Interstate Listing: 30 hours; Mediation Requests: 2 hours; and Secretarial Appeals: 210 hours. Burden Hours: 35,799. Needs and Uses: The Coastal Zone Management Act (CZMA) creates a State-federal partnership to improve the management of the nation’s coastal zone through the development of federally approved State coastal management plans (CMPs). The CZMA provides two incentives for States to develop federally approved CMPs: (1) The National Oceanic and Atmospheric Administration (NOAA) has appropriated monies to grant to States to develop and implement State CMPs that meet statutory and regulatory criteria; and (2) The CZMA requires federal agencies, non-federal licensees, and State and local government recipients of federal assistance to conduct their activities in a manner ‘‘consistent’’ with the enforceable policies of NOAAapproved CMPs. The latter incentive, referred to as the ‘‘federal consistency’’ provision, is found at 16 U.S.C. 1456. NOAA’s regulations at 15 CFR part 930 implement NOAA’s responsibilities to provide procedures for the consistency provision, the procedures available for an appeal of a State’s objection to a consistency certification as provided for in 16 U.S.C. 1456(c)(3)(A) and (B) and 1456(d), and changes in the appeal process created by Congressional amendments in 1990, 1996 and 2005, and found at 16 U.S.C. 1465. Paperwork and information collection occurs largely outside of NOAA by: (1) State and Federal agencies engaged in licensing and permitting activities affecting coastal resources, (2) Federal agencies taking actions affecting State coastal zones, and (3) Federal agencies providing federal assistance to State and local governments in the coastal zone. In each of these cases, information is collected by the entity making the license, permit, assistance or action decision and NOAA’s regulations provide for the use of that information already required by the State or Federal entity in the consistency process. Pursuant to 16 U.S.C. 1456, NOAA’s regulations require the appropriate entity, Federal agency or applicant for license or permit, to prepare a consistency determination or certification. This information is provided to the relevant State CMP, not VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 to NOAA. Information is provided to NOAA only when there is a State objection to a consistency certification, when informal mediation is sought by a Federal agency or State, or when an applicant for a federal license or permit appeals to the Secretary of Commerce for an override to a State CMPs objection to a consistency certification. Last, in 1990, Congress required State CMPs to provide for public participation in their permitting processes, consistency determinations and similar decisions, 16 U.S.C. 1455(d)(14), and NOAA regulations at part 930 implement that requirement. A number of paperwork submissions are required by the Coastal Zone Management Act (CZMA) federal consistency provision, 16 U.S.C. 1456, and implementing regulations. These submissions are intended to provide a reasonable, efficient, and predictable means of complying with CZMA requirements. The paperwork submission requirements are detailed in 15 CFR part 930. The information will be used by coastal states with federally approved Coastal Zone Management Programs to determine if Federal agency activities, Federal license or permit activities, and Federal assistance activities that affect a state’s coastal zone are consistent with the state’s coastal management program. Information will also be used by NOAA and the Secretary of Commerce for appeals to the Secretary by non-federal applicants regarding state CZMA objections to federal license or permit activities or Federal assistance activities. Affected Public: Federal and state agencies, federal license and permit applicants, lessees under the Outer Continental Shelf Lands Act, state and local governments applying for federal financial assistance. Frequency: The frequency of reporting is occasional, as determined by the requirements of 16 U.S.C. 1456 and 15 CFR part 930. Respondent’s Obligation: Required to obtain or retain benefits. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–01217 Filed 1–24–20; 8:45 am] BILLING CODE 3510–08–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XX031] 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. AGENCY: ACTION: Notice; request for comments. 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. The Exempted Fishing Permit would allow commercial fishing vessels to use dredge fishing gear with a forward facing camera within the Great South Channel Habitat Management Area to characterize habitat substrate types where dredge fishing occurs, and conduct compensation fishing that would support research conducted by the Coonamessett Farm Foundation. Regulations under the MagnusonStevens 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 February 11, 2020. ADDRESSES: You may submit written comments by any of the following methods: • Email: nmfs.gar.efp@noaa.gov. Include in the subject line ‘‘CFF Great South Channel HMA Clam 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 ‘‘Comments on CFF Great South Channel HMA EFP.’’ SUMMARY: E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices FOR FURTHER INFORMATION CONTACT: khammond on DSKJM1Z7X2PROD with NOTICES Laura Hansen, Fishery Management Specialist, 978–281–9225. SUPPLEMENTARY INFORMATION: On April 9, 2018, we approved the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2 that created the Great South Channel Habitat Management Area (GSC HMA). The Council also initiated a follow-up action in December of 2018 that approved limited exemption areas within the HMA for the surfclam fishery, and explicitly mentioned potential research in other parts of the HMA that could provide data necessary to support expanded exemptions in the future. In an effort to address some of the Council’s research priorities for the GSC HMA, Coonamessett Farm Foundation (CFF) has developed a multi-phase research project that would attempt to: 1. Characterize substrate types where surfclam and mussel fishing occurs within the GSC HMA; 2. Track spatiotemporal habitat change and benthic macrofauna distribution in an active fishing ground; and 3. Determine spatiotemporal occurrence of Atlantic cod and other species within the HMA that are subjected or adjacent to commercial clam and mussel dredging activities. CFF submitted a complete application for an EFP on November 8, 2019, to enable research in support of the objective 1 (identified above). The exemptions would authorize participating vessels to fish with dredge VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 gear in portions of the GSC HMA in order to characterize substrate types where surfclam and mussel fishing occurs, and to enable compensation fishing, which would fund research associated with objectives 2 and 3. Under this EFP, five vessels targeting surfclams and mussels would fish with dredge-mounted, forward-facing cameras to characterize substrate types where surfclam and mussel fishing occurs within the GSC HMA. CFF contends that this information will support future consideration of HMA dredge emeption areas. A portion of the funds generated from these trips would be used to support future data collection using cameras to examine the habitat impacts of dredging, conduct habitat mapping and analysis, and research the presence of juvenile cod in the GSC HMA. If this EFP is approved, CFF has indicated their intention to broaden the scope of where they may fish with clam and mussel dredges once the initial phase of fishing is complete. Additional dredge fishing in the GSC HMA would entail a new EFP. We would evaluate future EFP applications on its own merits, which would include the utility of the information gathered from the first phase of dredge fishing before considering additional exemptions. Figure 1 shows Rose and Crown and Davis Bank, the 24 km2 phase 1 study area within Rose and Crown, and two reference points within the study area where fishing would not occur. CFF estimates that up to 120 clam fishing trips and 27 mussel fishing trips would be taken within the Rose and Crown PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 4639 study area. Clam and mussel trips are typically day trips, and effort would be constrained spatially within the 24 km2 area and temporally to one year. CFF states that every dredge would be fitted with at least one forward viewing GoPro camera with lights. CFF plans to record 100 percent of each dredge tow, provided there are no equipment losses or malfunctions. Vessel crew would document retained catch of clams, estimate the volume of total bycatch by bushel for mussels and other species such as crab, weight for individual fish species, and bushel counts for cobble and rocks. A camera would be set up to take video and time lapse frames of the deck pile as it is picked. CFF stated that crew would take estimates of the catch on every tow through a visual estimate and a more thorough sampling of the catch would occur when CFF staff are on board. CFF staff would be on board for approximately 10 percent of EFP trips. Catch estimates for clam and other species are provided in Table 1. The catch estimates were based on experimental trips taken in the HMA from December 2018-April 2019. CFF would take some samples of blue mussels back to a lab for age and disease analysis. All other catch above a possession limit or below a minimum size would be discarded as soon as possible following data collection. All catch landed for sale would be accounted for in accordance with standard commercial catch accounting procedures, and applied against the applicable quota. E:\FR\FM\27JAN1.SGM 27JAN1 4640 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices TABLE 1—ESTIMATED CATCH FOR EFP TRIPS [Bushel = bu] Species Number Atlantic Surfclam ............................................................................................................................ Mussel ............................................................................................................................................ Winter Flounder .............................................................................................................................. Windowpane Flounder ................................................................................................................... Skate (Misc.) .................................................................................................................................. 200,000 bu .. 5,000 bu ...... 540 .............. 540 .............. 1,000 ........... Authority: 16 U.S.C. 1801 et seq. Dated: January 22, 2020. Karyl K. Brewster-Geisz, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–01301 Filed 1–24–20; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA020] North Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Notice of telephonic meeting. The North Pacific Fishery Management Council’s Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet February 11, 2020. SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 3,333,333 83,333 76 199 8,000 Weight (kg) 1,511,974 37,799 34 90 3,629 The meeting will be held on Tuesday, February 11, 2020, from 1 p.m. to 5 p.m., PST. DATES: The meeting will be held telephonically. Telephone number is 1– 855–464–2233, or connect online through www.uberconference.com/ abscconf the PIN is 3261. Council address: North Pacific Fishery Management Council, 1007 West Third, Suite 400, Anchorage, AK 99501–2252; telephone: (907) 271–2809. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Sarah Marrinan, Council staff; telephone: (907) 271–2809, or Lance Farr, Committee Chair, (206) 669–7163. SUPPLEMENTARY INFORMATION: E:\FR\FM\27JAN1.SGM 27JAN1 EN27JA20.037</GPH> khammond on DSKJM1Z7X2PROD with NOTICES If approved, the applicant may request minor modifications and extensions to the EFP throughout the study period. 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. Weight (lb)

Agencies

[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4638-4640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01301]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XX031]


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. The 
Exempted Fishing Permit would allow commercial fishing vessels to use 
dredge fishing gear with a forward facing camera within the Great South 
Channel Habitat Management Area to characterize habitat substrate types 
where dredge fishing occurs, and conduct compensation fishing that 
would support research conducted by the Coonamessett Farm Foundation. 
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 February 11, 2020.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``CFF Great South Channel HMA Clam 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 ``Comments on 
CFF Great South Channel HMA EFP.''

[[Page 4639]]


FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION: On April 9, 2018, we approved the New 
England Fishery Management Council's Omnibus Essential Fish Habitat 
Amendment 2 that created the Great South Channel Habitat Management 
Area (GSC HMA). The Council also initiated a follow-up action in 
December of 2018 that approved limited exemption areas within the HMA 
for the surfclam fishery, and explicitly mentioned potential research 
in other parts of the HMA that could provide data necessary to support 
expanded exemptions in the future.
    In an effort to address some of the Council's research priorities 
for the GSC HMA, Coonamessett Farm Foundation (CFF) has developed a 
multi-phase research project that would attempt to:
    1. Characterize substrate types where surfclam and mussel fishing 
occurs within the GSC HMA;
    2. Track spatiotemporal habitat change and benthic macrofauna 
distribution in an active fishing ground; and
    3. Determine spatiotemporal occurrence of Atlantic cod and other 
species within the HMA that are subjected or adjacent to commercial 
clam and mussel dredging activities.
    CFF submitted a complete application for an EFP on November 8, 
2019, to enable research in support of the objective 1 (identified 
above). The exemptions would authorize participating vessels to fish 
with dredge gear in portions of the GSC HMA in order to characterize 
substrate types where surfclam and mussel fishing occurs, and to enable 
compensation fishing, which would fund research associated with 
objectives 2 and 3.
    Under this EFP, five vessels targeting surfclams and mussels would 
fish with dredge-mounted, forward-facing cameras to characterize 
substrate types where surfclam and mussel fishing occurs within the GSC 
HMA. CFF contends that this information will support future 
consideration of HMA dredge emeption areas. A portion of the funds 
generated from these trips would be used to support future data 
collection using cameras to examine the habitat impacts of dredging, 
conduct habitat mapping and analysis, and research the presence of 
juvenile cod in the GSC HMA. If this EFP is approved, CFF has indicated 
their intention to broaden the scope of where they may fish with clam 
and mussel dredges once the initial phase of fishing is complete. 
Additional dredge fishing in the GSC HMA would entail a new EFP. We 
would evaluate future EFP applications on its own merits, which would 
include the utility of the information gathered from the first phase of 
dredge fishing before considering additional exemptions.
    Figure 1 shows Rose and Crown and Davis Bank, the 24 km\2\ phase 1 
study area within Rose and Crown, and two reference points within the 
study area where fishing would not occur. CFF estimates that up to 120 
clam fishing trips and 27 mussel fishing trips would be taken within 
the Rose and Crown study area. Clam and mussel trips are typically day 
trips, and effort would be constrained spatially within the 24 km\2\ 
area and temporally to one year. CFF states that every dredge would be 
fitted with at least one forward viewing GoPro camera with lights. CFF 
plans to record 100 percent of each dredge tow, provided there are no 
equipment losses or malfunctions. Vessel crew would document retained 
catch of clams, estimate the volume of total bycatch by bushel for 
mussels and other species such as crab, weight for individual fish 
species, and bushel counts for cobble and rocks. A camera would be set 
up to take video and time lapse frames of the deck pile as it is 
picked. CFF stated that crew would take estimates of the catch on every 
tow through a visual estimate and a more thorough sampling of the catch 
would occur when CFF staff are on board. CFF staff would be on board 
for approximately 10 percent of EFP trips. Catch estimates for clam and 
other species are provided in Table 1. The catch estimates were based 
on experimental trips taken in the HMA from December 2018-April 2019. 
CFF would take some samples of blue mussels back to a lab for age and 
disease analysis. All other catch above a possession limit or below a 
minimum size would be discarded as soon as possible following data 
collection. All catch landed for sale would be accounted for in 
accordance with standard commercial catch accounting procedures, and 
applied against the applicable quota.

[[Page 4640]]

[GRAPHIC] [TIFF OMITTED] TN27JA20.037


                                     Table 1--Estimated Catch for EFP Trips
                                                  [Bushel = bu]
----------------------------------------------------------------------------------------------------------------
                   Species                                   Number                 Weight (lb)     Weight (kg)
----------------------------------------------------------------------------------------------------------------
Atlantic Surfclam............................  200,000 bu.......................       3,333,333       1,511,974
Mussel.......................................  5,000 bu.........................          83,333          37,799
Winter Flounder..............................  540..............................              76              34
Windowpane Flounder..........................  540..............................             199              90
Skate (Misc.)................................  1,000............................           8,000           3,629
----------------------------------------------------------------------------------------------------------------

    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the study period. 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: January 22, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-01301 Filed 1-24-20; 8:45 am]
 BILLING CODE 3510-22-P

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