[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Pages 33242-33243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12243]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE631


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 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 a commercial fishing vessel to fish 
outside of the limited access scallop regulations in support of gear 
research designed to reduce the amount of small, unexploitable scallops 
caught and create better dredge selectivity, as well as reduce finfish 
bycatch.
    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 June 9, 2016.

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

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management 
Specialist, 978-282-8456.

SUPPLEMENTARY INFORMATION: A scallop captain has submitted an exempted 
fishing permit (EFP) application for a project that would test a 
scallop box-shaped ring bag designed to reduce the amount of small 
scallops and finfish bycatch caught in the dredge, resulting in better 
gear selectivity and reducing high grading. This is a proof of concept 
project which aims to determine whether the gear configuration can be

[[Page 33243]]

effectively fished, and whether preliminary information supports the 
dredge's expected better size selectivity and reduction of bycatch. The 
applicant submitted a complete application for an EFP on March 22, 
2016, to enable the use of the modified gear during Mid-Atlantic Access 
Area fishing trips. The EFP would authorize exemptions for one 
commercial vessel from the scallop dredge gear restriction of no more 
than seven rows in the apron at 50 CFR 648.51(b)(4)(iv); the scallop 
observer program requirement at Sec.  648.11(g); and would temporarily 
exempt the participating vessel from possession limits and minimum size 
requirements specified in 50 CFR part 648, subsections B and D through 
O, for sampling purposes only. Any fishing activity conducted outside 
the scope of the exempted fishing activity would be prohibited, 
including landing fish in excess of a possession limit or below the 
minimum size.
    One vessel would conduct scallop dredging in May 2016-October 2016 
on three trips in the Mid-Atlantic Access Area. All trips would fish 
two 13-foot (3.96-m) Turtle Deflector Dredges, towed for an average 
duration of 50 minutes. Each trip would complete approximately 150 tows 
for an overall total of 450 tows. One dredge would be rigged with an 
industry standard bag comprised of 7 rows of rings from the twine top 
to the terminus, while the other would be rigged with an experimental 
``box bag'' configuration. The experimental bag will consist of two 3-
ring wide side panels and one 3-ring wide rear panel all connecting the 
topside of the bag to the underside creating a box-like bag. Both 
dredges would use 4-inch (10.16-cm) rings, 10-inch (25.40-cm) twine 
top, and turtle chain mats.
    For all tows, the scallop catch would be kept separated by dredge 
and placed into baskets, counted and weighed using a certified 
electronic scale. The captain and crew would then count the number of 
scallops contained in a minimum of one basket from each dredge, 
enabling them to measure the size selectivity of each dredge. 
Generally, the greater the number of scallops in a basket, within a 
reasonable range allowing for variance in how the crew fill baskets, 
the smaller the scallops are in size. This is a quick and simple method 
to gauge whether or not the experimental dredge is achieving larger 
size selectivity without having shell height measuring tools. If this 
proof of concept study preliminarily shows positive results and the 
applicant would like to continue research with the experimental dredge, 
we would require a more scientifically sound method to measure scallop 
shell height. Crew would sort the finfish catch by species and then 
count and weigh them. Depending on the volume of scallops and finfish 
captured, the catch would be subsampled if necessary. Finfish catch not 
retained for sale would not be kept on deck for longer than needed to 
conduct sampling. Exemption from possession limit and minimum sizes 
would support catch sampling activities, and ensure the vessel is not 
in conflict with possession regulations while collecting catch data. 
All catch above a possession limit or below a minimum size would be 
discarded as soon as practicable following data collection. The vessel 
would be exempt from the sea scallop observer program requirements 
because the gear used is not typical of gear used during normal 
commercial fishing operations. All trips would otherwise be conducted 
in a manner consistent with normal commercial fishing conditions, and 
catch consistent with the Limited Access possession limits for the Mid-
Atlantic Access Area would be retained for sale.
    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: May 19, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12243 Filed 5-24-16; 8:45 am]
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