Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 10293-10294 [2023-03321]

Download as PDF Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.227(d)(3), interested parties may submit case briefs no later than seven days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date of filing for case briefs.4 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.5 Executive summaries should be limited to five pages total, including footnotes.6 All submissions, with limited exceptions, must be filed electronically using ACCESS.7 Comments must be received successfully in their entirety by ACCESS by 5:00 p.m. Eastern Time on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.8 Each submission must be placed on the record of the segment of the proceeding for the AD order (A–570–954), ACCESS Covered Merchandise Inquiry segment ‘‘EAPA—7412.’’ Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically and received successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time within 10 days after the date of publication of this notice.9 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Notification to Interested Parties This notice is issued and published pursuant to section 517 of the Act and 19 CFR 351.227(e)(1). Dated: February 10, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Description of Merchandise Subject to this Inquiry V. Legal Framework VI. Interested Party Comments VII. Analysis VIII. Recommendation [FR Doc. 2023–03324 Filed 2–16–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC781] Atlantic Coastal Fisheries Cooperative Management 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: 10293 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 fish outside fishery regulations in support of research conducted by the applicant. Regulations under the MagnusonStevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative 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 March 6, 2023. ADDRESSES: You may submit written comments by any of the following methods: • Email: nmfs.gar.efp@noaa.gov. Include in the subject line ‘‘NHFG Early Benthic-Phase Lobster Trap EFP.’’ FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, Laura.Deighan@noaa.gov, (978) 281–9184. SUPPLEMENTARY INFORMATION: The New Hampshire Fish and Game Department submitted a complete application for an Exempted Fishing Permit (EFP) to conduct commercial fishing activities that the regulations would otherwise restrict. The EFP would allow the Department to continue pilot testing of early benthic-phase (EBP) lobster traps, which target lobsters between 15- and 50-mm carapace length, to determine their feasibility for broader use in lobster surveys. This EFP would exempt the participating vessel from the Federal regulations described in Table 1. SUMMARY: lotter on DSK11XQN23PROD with NOTICES1 TABLE 1—REQUESTED EXEMPTIONS Citation Regulation Need for exemption 50 CFR 697.21(c) and § 697.21(d) .......................... Gear specification requirements ......... § 697.19 .................................................................... § 697.19(j) ................................................................. §§ 697.20(a)(7), 697.20(a)(8), 697.20(b)(5), 697.20(b)(6), 697.20(d), and 697.20(g). Trap limit requirements ....................... Trap tag requirements ........................ Possession restrictions ....................... § 697.21(a) ................................................................ Gear identification and marking requirements. To allow for the use of modified traps with no escape vents or ghost panels. To allow for one additional trap. To allow for the use of four untagged traps. To allow for onboard biological sampling of undersized, oversized, v-notched, and egg-bearing lobsters. To allow for the use of four unmarked traps. 4 See 19 CFR 351.227(d)(3); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). VerDate Sep<11>2014 17:13 Feb 16, 2023 Jkt 259001 5 See 19 CFR 351.309(c)(2) and (d)(2). 7 See PO 00000 8 See Temporary Rule. is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. 9 Commerce 6 Id. 19 CFR 351.303. Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\17FEN1.SGM 17FEN1 lotter on DSK11XQN23PROD with NOTICES1 10294 Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices This project would use one federally permitted lobster vessel to pilot test the use of four EBP lobster traps in Lobster Management Area 3 (Statistical Areas 561, 562, and 522). The EBP traps are 80-cm square traps based on a modified crawfish trap. They have four square openings, measuring less than two inches (5.08 cm), which lead to ramps that drop the lobsters into a baited kitchen. Inside the traps, there are additional ramps that lead the lobsters to four cylindrical parlors with vertical openings. The traps are attached to cement runners that provide weight and maintain proper orientation. The participants would place two EBP traps each on two of their existing trawls and haul them twice per trip during the course of the vessel’s normal fishing activity. The vessel would take between 9 and 13 experimental trips, lasting from 7 to 12 days, between May 15 and November 15, 2023. The crew would rig the EBP traps within Atlantic Large Whale Take Reduction Plancompliant commercial trawls, resulting in no additional end lines. The vessel would fish one trap above its 2023 allocation, but would remain within the universal Area 3 trap cap. Researchers would allow up to 144 total hauls, but expect 72 to 104 hauls. At each haul, the crew would record, and immediately release, all bycatch and measure, sex, and release all lobsters from the EBP trap. They would also sample catch in two standard traps per trawl (four total) as control data. They would land and sell the legal catch from the standard traps. The goal of this project is to test the selectivity of the EBP trap (versus ventless traps that often catch eel and crab) and the scalability of its use. If successful, EBP traps could be used in lobster surveys to provide information about larval-settlement patterns and juvenile nursery grounds. 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. VerDate Sep<11>2014 17:13 Feb 16, 2023 Jkt 259001 Dated: February 13, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–03321 Filed 2–16–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC782] Marine Mammals; File No. 27099 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that the Pacific Whale Foundation (Responsible Party: Jens Curie), 300 Ma’alaea Rd. Ste. 211, Wailuku, Hawaii 96793, has applied in due form for a permit to conduct research on 22 species of cetaceans within waters of the Hawaiian Islands. DATES: Written, telefaxed, or email comments must be received on or before March 20, 2023. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 27099 from the list of available applications. These documents are also available upon written request via email to NMFS.Pr1Comments@ noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 27099 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Courtney Smith, Ph.D., or Erin Markin, Ph.D., (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). The applicant proposes to harass up to 1200 of the following cetaceans species, annually, during vessel, underwater, and Unoccupied Aerial Systems (UAS) surveys within waters of the Main Hawaiian Islands: Blainville’s beaked (Mesoplodon densirostris), Bryde’s (Balaenoptera brydei), Cuvier’s beaked (Ziphius cavirostris), dwarf sperm (Kogia sima), false killer (Pseudorca crassidens; including the endangered Main Hawaiian Islands insular Distinct Population Segment), fin (Balaenoptera physalus), humpback (Megaptera novaeangliae), killer (Orcinus orca), melon-headed (Peponocephala electra), minke (Balaenoptera acutorostrata), pygmy killer (Feresa attenuata), pygmy sperm (Kogia breviceps), short-finned pilot (Globicephala macrorhynchus), and sperm (Physeter macrocephalus) whales; and common bottlenose (Tursiops truncatus), Fraser’s (Lagenodelphis hosei), pantropical spotted (Stenella attenuata), Risso’s (Grampus griseus), rough-toothed (Steno bredanensis), short-beaked common (Delphinus delphis), spinner (Stenella longistrostris longirostris), and striped (Stenella coeruleoalba) dolphins. The objective of research is to assess the human impacts on, and the distribution, abundance, social organization, population structure, population size, foraging, diet, reproduction, movements, habitat use, body condition, health, and behavior of Hawaiian cetaceans. Proposed research procedures include photo-ID, photogrammetry, underwater filming, suction-cup tagging, biopsy collection, fecal sampling, sloughed skin collection, and exhaled air sample collection. Up to 10 suction-cup tags and up to 40 biopsy samples may be taken from the above listed species. The permit would be valid for 5 years from the date of issuance. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10293-10294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC781]


Atlantic Coastal Fisheries Cooperative Management 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 fish 
outside fishery regulations in support of research conducted by the 
applicant. Regulations under the Magnuson-Stevens Fishery Conservation 
and Management Act and the Atlantic Coastal Fisheries Cooperative 
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 March 6, 2023.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``NHFG Early Benthic-Phase Lobster Trap EFP.''

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, [email protected], (978) 281-9184.

SUPPLEMENTARY INFORMATION: The New Hampshire Fish and Game Department 
submitted a complete application for an Exempted Fishing Permit (EFP) 
to conduct commercial fishing activities that the regulations would 
otherwise restrict. The EFP would allow the Department to continue 
pilot testing of early benthic-phase (EBP) lobster traps, which target 
lobsters between 15- and 50-mm carapace length, to determine their 
feasibility for broader use in lobster surveys. This EFP would exempt 
the participating vessel from the Federal regulations described in 
Table 1.

                      Table 1--Requested Exemptions
------------------------------------------------------------------------
           Citation                 Regulation       Need for exemption
------------------------------------------------------------------------
50 CFR 697.21(c) and Sec.       Gear               To allow for the use
 697.21(d).                      specification      of modified traps
                                 requirements.      with no escape vents
                                                    or ghost panels.
Sec.   697.19.................  Trap limit         To allow for one
                                 requirements.      additional trap.
Sec.   697.19(j)..............  Trap tag           To allow for the use
                                 requirements.      of four untagged
                                                    traps.
Sec.  Sec.   697.20(a)(7),      Possession         To allow for onboard
 697.20(a)(8), 697.20(b)(5),     restrictions.      biological sampling
 697.20(b)(6), 697.20(d), and                       of undersized,
 697.20(g).                                         oversized, v-
                                                    notched, and egg-
                                                    bearing lobsters.
Sec.   697.21(a)..............  Gear               To allow for the use
                                 identification     of four unmarked
                                 and marking        traps.
                                 requirements.
------------------------------------------------------------------------


[[Page 10294]]

    This project would use one federally permitted lobster vessel to 
pilot test the use of four EBP lobster traps in Lobster Management Area 
3 (Statistical Areas 561, 562, and 522). The EBP traps are 80-cm square 
traps based on a modified crawfish trap. They have four square 
openings, measuring less than two inches (5.08 cm), which lead to ramps 
that drop the lobsters into a baited kitchen. Inside the traps, there 
are additional ramps that lead the lobsters to four cylindrical parlors 
with vertical openings. The traps are attached to cement runners that 
provide weight and maintain proper orientation.
    The participants would place two EBP traps each on two of their 
existing trawls and haul them twice per trip during the course of the 
vessel's normal fishing activity. The vessel would take between 9 and 
13 experimental trips, lasting from 7 to 12 days, between May 15 and 
November 15, 2023. The crew would rig the EBP traps within Atlantic 
Large Whale Take Reduction Plan-compliant commercial trawls, resulting 
in no additional end lines. The vessel would fish one trap above its 
2023 allocation, but would remain within the universal Area 3 trap cap. 
Researchers would allow up to 144 total hauls, but expect 72 to 104 
hauls. At each haul, the crew would record, and immediately release, 
all bycatch and measure, sex, and release all lobsters from the EBP 
trap. They would also sample catch in two standard traps per trawl 
(four total) as control data. They would land and sell the legal catch 
from the standard traps.
    The goal of this project is to test the selectivity of the EBP trap 
(versus ventless traps that often catch eel and crab) and the 
scalability of its use. If successful, EBP traps could be used in 
lobster surveys to provide information about larval-settlement patterns 
and juvenile nursery grounds.
    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: February 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-03321 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-22-P
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