Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 41832-41833 [2021-16469]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41832-41833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16469]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB271]


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

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

ACTION: Notice; request for comments.

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SUMMARY: The Gulf of Maine Research Institute has requested a change to 
a previously issued exempted fishing permit which would result in new 
regulatory exemptions for participating vessels. The Assistant Regional 
Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, 
has determined that this request is outside the scope of the initially 
approved exempted fishing permit. As a result, regulations under the 
Magnuson-Stevens Fishery Conservation and Management Act require 
publication of this notification to provide interested parties the 
opportunity to comment on the proposed changes to the exempted fishing 
permit previously issued to the Gulf of Maine Research Institute.

DATES: Comments must be received on or before August 18, 2021.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``Modification to GMRI MREM EFP.''

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, 978-281-9232.

SUPPLEMENTARY INFORMATION: On July 31, 2020, NMFS issued an exempted 
fishing permit (EFP) to the Gulf of Maine Research Institute (GMRI) in 
support of the development of maximized retention electronic monitoring 
(MREM) for the Northeast multispecies fishery. The EFP requires six 
participating vessels to retain all catch of undersized, allocated 
groundfish, with electronic monitoring (EM) used to verify compliance. 
The EFP currently exempts vessels from the requirement to adhere to 
their sector's monitoring program at 50 CFR 648.87(b)(1)(v)(B)); 
minimum fish size requirements at Sec.  648.83(a) and Sec.  
648.14(a)(7); minimum mesh size requirements at Sec.  648.80; and 
Closed Area II Closure Area at Sec.  648.81(a)(5) from April 16 through 
January 31.
    Additionally, the EFP as originally issued allowed vessels to use a 
4.5-inch (11.43 cm) mesh codend rather than a 5.5-inch (13.97 cm) mesh 
codend normally required while participating in the redfish sector 
exemption, provided that all other exemption area requirements were 
complied with. This provision was written into the terms and conditions 
of the EFP, and was not implemented through a regulatory exemption. 
Prior to the publication of Framework Adjustment 61 to the Northeast 
Multispecies Fishery Management Plan (86 FR 40353, July 28, 2021), the 
redfish sector exemption was administered through sector operations 
plans which are approved each year, and was not defined in the 
regulations.
    When Framework 61 was approved and implemented, the redfish 
exemption was added to the list of universal sector exemptions, and a 
sector redfish exemption program, corresponding to the universal 
exemption, was described in the regulations. These new regulations 
define terms of the program, including vessel eligibility, area, gear, 
monitoring thresholds, and other administrative elements of the 
exemption program.
    Because the new regulations defining the sector redfish exemption 
program did not exist when the EFP was issued to GMRI, the EFP does not 
currently exempt participating vessels from any of them. Because 
Framework 61 is now effective, vessels participating in this EFP are no 
longer be able to participate in the sector redfish exemption program 
using 4.5-inch (11.43 cm) mesh as was intended.
    On June 25, 2021, GMRI requested a modification to the EFP which 
would add an exemption to the minimum codend mesh size requirement for 
vessels fishing in the sector redfish exemption program, at Sec.  
648.85(e)(1)(vii)(A). Additionally, the modification would revise the 
conditions and requirements of the EFP that address the sector redfish 
exemption program to account for the additional exemption issued to 
vessels participating in the EFP. These modifications allow the 
participating vessels to continue fishing under the provisions of the 
sector redfish exemption program with 4.5-inch (11.43 cm) codend mesh, 
as they have since the original issuance of the EFP.

[[Page 41833]]

    These modifications would not alter any other aspect of the EFP, 
including the remaining exemptions, remaining conditions and 
requirements, and study period. They do not change the impact of the 
EFP from what was previously issued.
    The applicant may request further 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 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16469 Filed 8-2-21; 8:45 am]
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