[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 14915-14916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG927


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 Acting Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary 
determination that an exempted fishing permit application submitted by 
The Nature Conservancy contains all of the required information and 
warrants further consideration. This exempted fishing permit would 
allow participants to use electronic monitoring systems in lieu of at-
sea monitors in support of a study to develop electronic monitoring for 
catch monitoring in the Northeast multispecies 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 exempted 
fishing permits.

DATES: Comments must be received on or before April 29, 2019.

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

FOR FURTHER INFORMATION CONTACT: Maria Vasta, Fishery Management 
Specialist: 978-281-9196; [email protected].

SUPPLEMENTARY INFORMATION: Northeast multispecies sectors are required 
to implement and fund an at-sea monitoring (ASM) program. Sectors may 
use electronic monitoring (EM) to satisfy this monitoring requirement, 
provided NMFS deems the technology sufficient for catch monitoring. 
NMFS has yet to approve EM as a suitable alternative to ASM. However, 
we are working with industry and other stakeholders to test the 
operational feasibility of EM and resolve outstanding issues that are 
barriers to implementation.
    In fishing year 2016, The Nature Conservancy, in partnership with 
the Cape Cod Commercial Fishermen's Alliance, the Maine Coast 
Fishermen's Association, the Gulf of Maine Research Institute, and 
fishermen enrolled in various groundfish sectors, obtained an exempted 
fishing permit (EFP) authorizing participant vessels to use EM in lieu 
of human observers to meet their ASM requirements. Project partners 
applied to renew this EFP in fishing years 2017 and 2018, and the EFP 
was reissued in both years.

[[Page 14916]]



 Table 1--Participation in Previous Issues of the Partial Audit-Model EM
                                   EFP
------------------------------------------------------------------------
                                             Number of     ASM  coverage
              Fishing year                  participant        level
                                              vessels        (percent)
------------------------------------------------------------------------
2016....................................              14              14
2017....................................               5              16
2018....................................               5              15
------------------------------------------------------------------------

    On February 15, 2019, The Nature Conservancy, along with project 
partners, submitted a request to renew this EFP for the 2019 fishing 
year, as part of an ongoing effort to pilot EM in the fishery. Work 
conducted under the proposed EFP would help refine proposed standards 
for a comprehensive EM program in the groundfish fishery. The proposed 
participant list includes five vessels, all of which participated in 
this EFP in fishing year 2018. Together, they are expected to take an 
estimated 235 trips in fishing year 2019. At 31 percent observer 
coverage, this would equate to roughly 75 EFP trips.
    Vessels participating in this EFP would use EM in lieu of human 
ASMs, and in addition to Northeast Fishery Observer Program (NEFOP) 
observers, on groundfish trips selected for observer coverage. Vessels 
would adhere to a vessel-specific Vessel Monitoring Plan (VMP) 
detailing at-sea catch handling protocols. An EM service provider would 
review 100 percent of the video footage. The provider would also 
produce an EM summary report identifying, counting, and generating 
weight estimates for all groundfish discards, which it would submit to 
the NMFS Greater Atlantic Fisheries Regional Office. These data would 
be used for catch accounting purposes on trips selected for ASM 
coverage. EM data would not be used for catch accounting in place of 
observer data on NEFOP trips. However, the information generated 
through this EM project could facilitate comparisons between cameras 
and human observers in the future. Following the EM service provider's 
review, the Northeast Fisheries Science Center would conduct a 
secondary review of the EM summary reports for all or a subset of EFP 
trips.
    Under this EFP, participating vessels would be exempt from minimum 
fish size requirements (Sec.  648.83(a)) for Northeast multispecies, 
for sampling purposes only; and ocean pout, windowpane flounder, and 
Atlantic wolffish possession prohibitions (Sec.  648.86(l)), for 
sampling purposes only. Vessels would also be exempt from their 
sector's third-party monitoring program requirements (Sec.  
648.87(b)(1)(v)(B)) only; all other standard sector reporting and 
monitoring requirements, such as using dealer-reported landings and 
vessel trip reports, would still apply. Vessels would be assigned 
observer coverage at the fishing year 2019 ASM coverage level of 31 
percent, which is a combination of NEFOP and ASM coverage. All catch of 
allocated groundfish stocks would be deducted from the appropriate 
sector's allocation. Legal-sized regulated groundfish would be retained 
and landed as required by the Northeast Multispecies Fishery Management 
Plan. Undersized groundfish would be handled according to the VMP 
guidelines in view of cameras and returned to the sea as quickly as 
possible. All other species would be handled per normal commercial 
fishing operations. No legal-size regulated groundfish would be 
discarded, unless otherwise permitted through regulatory exemptions 
granted to the participating vessel's sector.
    If approved, the applicant may request minor modifications 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 9, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-07283 Filed 4-11-19; 8:45 am]
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