[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16775-16776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06638]



[[Page 16775]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD136


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 Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Regional Fisheries Office, NMFS (Assistant 
Regional Administrator), has made a preliminary determination that an 
Exempted Fishing Permit (EFP) application contains all of the required 
information and warrants further consideration. To enable the harvest 
of herring research set-aside (RSA) quota, the EFP applicant has 
requested that commercial fishing vessels be allowed to fish during 
Federal management area quota closures and Area 1A and 1B seasonal sub-
ACL closures. In addition, the applicant has requested authorization to 
harvest RSA quota irrespective of a river herring/shad catch cap, if 
implemented under the Atlantic Herring Fishery Management Plan (FMP), 
and to carryover unharvested RSA quota into future years. This EFP 
would be for the exclusive purpose of harvesting RSA quota to fund 
research awarded under the Atlantic Herring Research Set-Aside Program. 
The research intends to characterize and reduce river herring catch in 
the herring midwater trawl 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 EFPs.

DATES: Comments must be received on or before April 10, 2014.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on the SMAST River Herring 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 ``Comments on 
the SMAST River Herring EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Policy Analyst, 
978-281-6326, [email protected].

SUPPLEMENTARY INFORMATION: NMFS granted a herring RSA award to the 
University of Massachusetts, Dartmouth, School for Marine Science and 
Technology (SMAST) under the 2014/2015 Herring RSA Program for their 
research project titled ``Characterizing and Reducing River Herring 
Incidental Catch in the Atlantic Herring Midwater Trawl Fishery.'' 
SMAST was awarded 936 mt from Area 1A; 138 mt from Area 1B; and 900 mt 
from Area 2 in 2014 and 2015. The research project will: (1) Provide 
for portside sampling of at least 50 percent of midwater trawl landings 
in Massachusetts; (2) estimate the total amount of river herring caught 
by midwater trawl vessels in 2014 and 2015; (3) describe the length, 
number, and maturity of river herring incidental catch by location and 
time; (4) continue near real-time river herring avoidance through 
midwater trawl fleet communication systems; and (5) place net sensors 
on midwater trawl gear. None of these five research activities require 
exemptions from the Herring FMP regulations, though exemptions from 
area catch limits and closures are required as discussed below. Through 
the specifications-setting process, the Herring FMP established sub-
ACLs, and set RSA equal to 3 percent of each sub-ACL. For 2014 and 
2015, the RSA allocations are: Area 1A--936 mt; Area 1B--138 mt; Area 
2--900 mt; and Area 3--1260 mt. As such, the 2013-2015 Herring FMP 
specifications analyzed the RSA allocations as part of the sub-ACLs and 
overall herring fishing activity.
    To facilitate the harvest of their RSA quota award and fund this 
project, SMAST submitted a complete application for an EFP on January 
10, 2014, to conduct commercial fishing activities that the regulations 
would otherwise restrict. SMAST has requested that vessels be 
authorized to harvest herring RSA quota after a herring management area 
quota has been caught and the fishery is limited to 2,000 lb (0.91 mt) 
per trip, and allow vessels to harvest RSA quota in Management Areas 1A 
and 1B between January through May, and January through April, 
respectively, when the areas are closed to commercial harvest. SMAST 
also requested exemption from the river herring/shad catch cap, which 
is under development as part of Framework 3 to the FMP, and 
authorization to carryover unharvested RSA quota into future years. 
Through correspondence leading up to the submission of the EFP 
application, SMAST was notified that RSA vessels are typically 
authorized to fish during directed fishery closures and in excess of 
possession limits. Consequently, their requested exemption from area 
quota closures and the Area 1A and 1B seasonal sub-ACLs was likely. 
However, their requested exemption from the river herring/shad catch 
cap and authorization to carryover unharvested RSA quota are not 
possible. The review of Framework 3 is ongoing, and the regulations 
that would establish the river herring/shad catch cap do not yet exist. 
In addition, should the cap be implemented, the Council did not reserve 
river herring/shad catch for RSA quota harvest. Authorizing vessels to 
harvest RSA quota after the river herring/shad cap has been attained 
would likely cause the river herring/shad cap to be exceeded, which 
would be contrary to experimental fishing regulations at 50 CFR 618.12, 
which stipulate that an EFP cannot be issued if it would cause a quota 
to be exceeded. Additionally, the Council did not include the RSA 
program under the carryover provision that was established for the 
commercial fishery under Framework Adjustment 2 to the FMP, and herring 
regulations at 50 CFR 648.207(e) require RSA to be used in the same 
fishing year in which it is distributed.
    NMFS has preliminarily determined that the SMAST application 
contains all of the required information. Except as noted above, NMFS 
has preliminarily determined that the purpose, design and 
administration of the exemption is consistent with the Herring FMP's 
management objectives, the MSA, and other applicable law. Further, 
subject to the conditions noted below, granting the exemption is not 
expected to have a detrimental effect on the fishery resources, cause 
any quota to be exceeded, or create any significant enforcement 
problems. Therefore, the application warrants further consideration.
    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.


[[Page 16776]]


    Dated: March 21, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-06638 Filed 3-25-14; 8:45 am]
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