[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17653-17655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG165


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. This 
Exempted Fishing Permit would exempt one commercial fishing vessel from 
the Northeast multispecies minimum mesh size and minimum fish size 
regulations in support of gear research to target healthy haddock and 
redfish stocks.
    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 May 8, 2018.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``GMRI Off-bottom Trawl EFP.''
     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``GMRI Off-
bottom Trawl EFP.''

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, 978-281-9232.

SUPPLEMENTARY INFORMATION: The Gulf of Maine Research Institute (GMRI) 
submitted a complete application for an Exempted Fishing Permit (EFP) 
on March 20, 2018, in support of a 2016 Saltonstall-Kennedy Program 
project titled ``Complementary testing of off-bottom trawls to target 
Georges Bank haddock.'' The EFP would exempt one fishing vessel from 
minimum mesh size requirements at 50 CFR 648.80(a)(3)(ii) and 
temporarily exempt the vessel from minimum fish size requirements in 50 
CFR part 648, subparts B and D through

[[Page 17654]]

O, for biological sampling purposes only. An EFP for this project was 
issued during the 2017 fishing year; however, no activity was conducted 
under the EFP.
    The project would test the efficacy of an off-bottom trawl fitted 
with a small-mesh codend to access healthy haddock and redfish stocks 
while avoiding other groundfish stocks. Additional project objectives 
include the development of a fuel-efficient trawl that also reduces 
disruption to benthic habitat. One vessel, the F/V Teresa Marie IV, 
would conduct a three-phase research plan to test the off-bottom trawl 
with two different codends: A 4.5-inch (11.43-cm) diamond mesh when 
targeting redfish; and a 5.1-inch (12.954-cm) square mesh when 
targeting haddock. The proposed EFP trips for each phase of this 
project are summarized in Table 1. The proposed off-bottom trawl would 
require an exemption from the Northeast multispecies minimum mesh size 
requirements because the codend and extension mesh size would be less 
than the minimum regulated mesh.
    The 4.5-inch (11.43-cm) diamond mesh codend was previously 
authorized for use in the redfish exempted fishery, through a 
regulatory exemption to sectors, based on the results of previous 
redfish selectivity research (REDNET). This exemption has been modified 
a number of times in order to balance the conservation requirements, 
and economic goals of the fishery. In fishing year 2017, a 5.5-inch 
(14.0-cm) mesh was authorized within the redfish exemption area. During 
the REDNET study, substantial catches of redfish with low levels of 
incidental catch or bycatch of regulated species were observed when 
using a 4.5-inch (11.43-cm) mesh codend. Under this EFP, testing of the 
net outfitted with the 4.5-inch (11.43-cm) mesh codend would only occur 
in the Redfish Exemption Area.
    The square-mesh 5.1-inch (13.0-cm) codend was selected based on the 
Canadian haddock fishery, which uses a 5-inch (12.7-cm) square-mesh 
codend. The Canadian Department of Fisheries and Oceans has also 
conducted studies on the selectivity of various mesh sizes. This codend 
mesh size has been approved for use in a previous EFP issued to 
Atlantic Trawlers Fishing, Inc. Only a small number of trips were taken 
under that EFP, which limited the ability to produce statistically 
reliable results.
    During Phase 1, the captain and crew of the F/V Teresa Marie IV 
would familiarize themselves with the operation of the off-bottom 
trawl. Testing would include how to deploy the trawl to a desired 
operating depth, maintain depth, adjust depth, and haul back. Tow 
duration could be as short as 30 minutes or as long as 3 to 4 hours, 
depending on the outcome of the gear testing. A GMRI research 
technician would be on board to conduct catch sampling and collect data 
on the performance of the net. Catch is likely to be minimal in this 
phase; many tows will be conducted in areas where limited catch is 
expected, as the purpose of this phase to optimize gear performance, 
not demonstrate catch composition. However, any legal-size groundfish 
catch would be retained for sale, consistent with the Northeast 
Multispecies Fishery Management Plan (FMP), and all catch would be 
attributed against the applicable sector Annual Catch Entitlement 
(ACE).
    In Phase 2, the off-bottom trawl would be evaluated during a 5-day 
controlled study on-board the F/V Teresa Marie IV conducted in August 
or September 2017. The off-bottom trawl would be tested at two towing 
speeds (three and four kts) while actively fishing in order to 
represent normal working conditions. Underwater cameras would be used 
to film the off-bottom trawl in operation. Catch would be retained for 
sale and attributed against the applicable sector ACE. Phase 3 would 
test the off-bottom trawl using both codends under a wide range of 
commercial conditions to broadly characterize the fishing performance 
of the net. Phase 3 would include ten 8-day trips occurring from August 
through December 2017. For Phase 2 and 3, catch would be retained for 
sale and attributed against the applicable sector ACE.

                                           Table 1--Proposed EFP Trips
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                                                                              Location
        Phase            Number of     DAS per trip         Season          (statistical       Target species
                           trips                                               areas)
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1...................               1               5  August/September.  512, 513, 515 (3   Redfish.
                                                                          days).
                                                                         521, 522 (2 days)  Haddock.
2...................               1               5  August/September.  512, 513, 515 (3   Redfish.
                                                                          days).
                                                                         521, 522 (2 days)  Haddock.
3...................              10               8  August-October...  521, 522 (5 days)  Haddock.
                                                                         512, 513, 515 (3   Redfish.
                                                                          days).
                                                      October-December.  512, 513, 515 (5   Redfish.
                                                                          days).
                                                                         521, 522 (5 days)  Haddock.
----------------------------------------------------------------------------------------------------------------

    Catch from the F/V Teresa Marie IV using a haddock separator trawl 
in fishing year 2016 was used to estimate anticipated catch using the 
off-bottom trawl for this project. The average catch of haddock per 
trip was 5,500 lb (2,495 kg) in the Gulf of Maine, 6,400 lb (2,903 kg) 
in the Eastern U.S./Canada management area of Georges Bank, and 22,300 
lb (10,115 kg) in Georges Bank West. The average catch of redfish in 
the Gulf of Maine was 2,000 lb (907 kg) per trip. The average catch of 
cod per trip was 180 lb (82 kg) in the Gulf of Maine, 70 lb (32 kg) in 
the Eastern U.S./Canada management area of Georges Bank, and 530 lb 
(240 kg) in Georges Bank West. The off-bottom trawl is expected to 
catch at least as much haddock as a bottom trawl, with substantial 
reductions in cod catch, and the complete elimination of flatfish 
catch. If these ratios are not realized, GMRI indicated that the off-
bottom trawl would be deemed unsuccessful, and the project may be 
abandoned.
    All trips would carry a GMRI sampler, an assigned at-sea observer, 
or an independently contracted data collection technician. In Phases 1 
and 2, a GMRI sampler would be onboard to document the operational 
performance of the off-bottom trawl, and sample catch. In Phase 3, a 
GMRI sampler would be onboard the F/V Teresa Marie IV during at least 
two fishing trips. An assigned at-sea observer or independent 
contracted data collection technician would collect data during 
remaining trips with the off-bottom trawl. The volume of the catch is 
anticipated to be large, so sub-sampling protocols have been developed. 
A sub-sample of the total catch would be taken from the checker pens to 
estimate total catch, including cod and other non-target

[[Page 17655]]

species by weight. All fish in the sub-sample would be weighed, and 
length measurements would be taken for cod and other non-target catch. 
All bycatch would be returned to the sea as soon as practicable 
following data collection. Exemption from minimum sizes would support 
catch sampling activities and ensure the vessel is not in conflict with 
possession regulations while collecting catch data. All trips would 
otherwise be conducted in a manner consistent with normal commercial 
fishing conditions and catch consistent with the Northeast Multispecies 
FMP would be retained for sale. Trips not accompanied by GMRI 
researchers would be required to carry an At-Sea Monitor (ASM), 
Northeast Fishery Observer Program (NEFOP) observer, or privately 
contracted data collection technician. On trips assigned to carry an 
ASM or observer by NEFOP, normal sampling protocols would be carried 
out. The vessel is responsible for notifying its monitoring provider of 
upcoming research trips and ensuring a research technician is present 
on all EFP trips not selected for observer coverage through Pre-Trip 
Notification System.
    GMRI needs this exemption to allow them to conduct testing of a net 
configuration that is prohibited by the current regulations. 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: April 18, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-08390 Filed 4-20-18; 8:45 am]
BILLING CODE 3510-22-P