[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18835-18836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07399]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE524


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

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 Region, NMFS, has made a preliminary 
determination that an Exempted Fishing Permit application submitted by 
the Northeast Fisheries Science Center contains all of the required 
information and warrants further consideration.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on Exempted Fishing 
Permit applications.

DATES: Comments must be received on or before April 18, 2016.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on NEFSC Study Fleet 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 
NEFSC Study Fleet EFP.''

FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management 
Specialist, 978-282-8457, [email protected].

SUPPLEMENTARY INFORMATION: The Northeast Fisheries Science Center 
(NEFSC) submitted a complete application for an Exempted Fishing Permit 
(EFP) on March 4, 2016, to enable data collection activities that the 
regulations on commercial fishing would otherwise restrict. The EFP 
would exempt 36 federally permitted commercial fishing vessels from the 
regulations detailed below while participating in the Study Fleet 
Program and operating under projects managed by the NEFSC. The EFP 
would exempt participating vessels from: Minimum fish size 
restrictions; fish possession limits for species not protected under 
the Endangered Species Act (ESA); gear-specific fish possession 
restrictions for the purpose of at-sea sampling; and, in limited 
situations for research purposes only, retaining and landing prohibited 
fish species.
    The NEFSC Study Fleet Program was established in 2002 to more fully 
characterize commercial fishing operations and to leverage sampling 
opportunities to augment NMFS data collection programs. Participating 
vessels are contracted by NEFSC to collect tow-by-tow catch and 
environmental data, and to fulfill specific biological sampling needs 
identified by NEFSC. To collect these data, the NEFSC Study Fleet 
Program has obtained an EFP to secure the necessary waivers needed by 
the vessels to possess and land fish that would otherwise be prohibited 
by regulations.
    Fishing vessel crews trained by the NEFSC Study Fleet Program would 
sort, weigh, and measure fish that are to be discarded. In the course 
of sampling, some discarded species would be on deck slightly longer 
than under normal sorting procedures, which requires an exemption from 
the following restrictions: Minimum fish size; fish possession limits; 
prohibited fish species, not including species protected under the ESA; 
and gear-specific fish possession restrictions for at-sea sampling.
    Participating vessels would also be authorized to retain and land, 
in limited situations for research purposes only, fish species and/or 
sizes that are not in compliance with fishing regulations. The vessels 
would be authorized to retain specific amounts of particular species in 
whole or round weight condition, which would be delivered upon landing 
to Study Fleet Program technicians. To ensure that the collection needs 
of the Study Fleet Program are not exceeded, NEFSC would require 
participating vessels to obtain a formal Biological Sampling Request 
from the NEFSC Study Fleet Program prior to landing any sublegal fish. 
None of the landed biological samples from these trips would be sold 
for commercial use or utilized for any purpose other than scientific 
research.
    The table below details the regulations from which the 
participating vessels would be exempt when retaining and landing fish 
for research purposes. The participating vessels would be obligated to 
comply with all applicable

[[Page 18836]]

requirements and restrictions specified at 50 CFR part 648, unless 
specifically exempted in this EFP. All catch would be attributed to the 
appropriate commercial fishing quota. For vessels on a groundfish 
sector trip, all catch of Northeast multispecies stocks allocated to 
sectors would be deducted from the Annual Catch Entitlement (ACE) for 
that sector. Once the ACE for a stock has been reached in a sector, 
vessels would no longer be allowed to fish in that stock area, unless 
they acquired additional ACE for the limiting stock. For common pool 
vessels, all catch of Northeast multispecies stocks would be counted 
toward the appropriate quotas. Common pool vessels would be subject to 
applicable trimester total allowable catch (TAC) accountability 
measures. When 90 percent of the trimester TAC for a stock is projected 
to be caught, the area where that stock is predominantly caught will be 
closed to common pool vessels fishing with gear capable of catching 
that stock for the rest of that trimester.

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                      NEFSC Study Fleet Program EFP
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No. of Vessels.........................  37
Exempted regulations in 50 CFR part 648  Size limits
                                         Sec.   648.83 NE multispecies
                                          minimum sizes.
                                         Sec.   648.93 Monkfish minimum
                                          fish size.
                                         Sec.   648.147 Black sea bass
                                          minimum fish size.
                                         Possession restrictions
                                         Sec.   648.86(a) Haddock.
                                         Sec.   648.86(b) Atlantic cod.
                                         Sec.   648.86(c) Atlantic
                                          halibut.
                                         Sec.   648.86(d) Small-mesh
                                          multispecies.
                                         Sec.   648.86(l) Zero retention
                                          of Atlantic wolffish and
                                          windowpane flounder.
                                         Sec.   648.86(o) Possession
                                          limits implemented by Regional
                                          Administrator.
                                         Sec.   648.94 Monkfish
                                          possession limit.
                                         Sec.   648.322 Skate possession
                                          and landing restrictions.
                                         Sec.   648.145 Black sea bass
                                          possession limits.
                                         Sec.   648.92(b)(2)(i)
                                          Prohibition from landing NE
                                          multispecies on monkfish-only
                                          day-at-sea.
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NEFSC Study Fleet Program Biological Sampling Needs

    As described above, biological samples would only be landed and 
collected by the Study Fleet Program after a formal request has been 
issued in writing by the Study Fleet Program. The following are the 
Study Fleet Program's sampling needs.
    Windowpane flounder--whole fish would be retained for age and 
growth research. Otoliths and fish length would be collected to 
validate ages using marginal increment analysis. Windowpane flounder 
retained would not exceed 40 fish per month from all stock areas 
combined (Gulf of Maine (GOM) and Georges Bank (GB) stock) or 480 fish 
total for all trips. The maximum weight on any trip would not exceed 30 
lb (13.6 kg), and total weight would not exceed 360 lb (163.3 kg) for 
all trips combined.
    Atlantic wolffish--whole fish would be retained for maturity, 
fecundity, and life history research. Atlantic wolffish retained would 
not exceed 40 fish per month or 480 fish total for all trips. The 
maximum weight on any trip would not exceed 160 lb (72.6 kg), and total 
weight would not exceed 3,500 lb (1,587.6 kg) for all trips combined.
    Cusk--whole fish would be retained or specimen sampled at sea by a 
Study Fleet scientist for maturity, fecundity, and life history 
research. Cusk retained would not exceed 40 fish per month or 480 fish 
total for all trips. The maximum weight on any trip would not exceed 
100 lb (45.4 kg), and total weight would not exceed 1,440 lb (653.2kg) 
for all trips combined.
    Atlantic halibut--specimens would be sampled at sea by a Study 
Fleet scientist for age, growth, maturity, fecundity, and diet 
research. Atlantic halibut retained would not exceed 20 fish per month 
or 240 fish total for all trips. The maximum weight on any trip would 
not exceed 200 lb (90.7 kg), and total weight would not exceed 5,000 lb 
(2,268 kg) for all trips combined.
    Monkfish--whole fish would be retained for maturity and fecundity 
research. Monkfish retained would not exceed 10 fish per month or 120 
fish total for all trips. The maximum weight on any trip would not 
exceed 100 lb (45.4 kg), and total weight would not exceed 1,200 lb 
(544.3 kg) for all trips combined.
    Haddock--whole fish would be retained for maturity and fecundity 
research. Haddock retained would not to exceed 40 fish per month or 360 
fish total for all trips. The maximum weight on any trip would not 
exceed 180 pounds (81.6 kg), and total weight would not exceed 1,440 
pounds (653.2 kg) for all trips combined.
    Atlantic cod--whole fish would be retained for potential maturity, 
fecundity, bioelectrical impedance analysis (BIA), food habits, and 
genetic research. Atlantic cod retained would not exceed 200 fish per 
month from each of the three stock areas (GOM, GB, Southern New 
England/Mid-Atlantic), or 1,200 fish total from each stock area for all 
trips. The maximum weight on any trip would not exceed 300 lb (136.1 
kg), and total weight would not exceed 8,500 lb (3,855.5 kg) for all 
trips combined.
    Barndoor Skate--whole and, in some cases, live skates would be 
retained for age and growth research and species confirmation. Barndoor 
skates retained would not exceed 20 fish per 3-month period, or 80 
skates total for all trips. The maximum weight on any trip would not 
exceed 75 lb (34 kg), and total weight would not exceed 300 lb (136.1 
kg) for all trips combined.
    Thorny Skate--whole and, in some cases, live skates would be 
retained for age and growth research and species confirmation. Thorny 
skates retained would not exceed 20 fish per 3-month period, or 80 
skates total for all trips. The maximum weight on any trip would not 
exceed 75 lb (34 kg) whole weight, and total weight would not exceed 
300 lb (136.1 kg) for all trips combined.
    Black Sea Bass--whole fish would be retained in support of an 
ongoing study at NEFSC to evaluate BIA as a means to measure fish 
energy density and reproductive potential for stock assessment. Black 
sea bass retained would not exceed 75 fish per 3- month period, or 300 
black sea bass total for all trips. The maximum weight on any trip 
would not exceed 250 lb (113.4 kg), and total weight would not exceed 
1,000 lb (453.6 kg) for all trips combined.
    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 impact that does not change the scope 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: March 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-07399 Filed 3-31-16; 8:45 am]
BILLING CODE 3510-22-P