[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22829-22831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10356]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG978


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 six commercial fishing vessels 
from limited access sea scallop regulations in support of a study on 
seasonal bycatch distribution and characterize scallop meat health on 
Georges Bank.
    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 4, 2019.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``DA19-034 CFF Seasonal Survey in the Atlantic Sea Scallop Fishery 
EFP.''

[[Page 22830]]

     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``DA19-034 CFF 
Seasonal Survey in the Atlantic Sea Scallop Fishery EFP.''

FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management 
Specialist, 978-281-9352.

SUPPLEMENTARY INFORMATION: Coonamesset Farm Foundation (CFF) submitted 
an exempted fishing permit (EFP) application in support of a project 
titled ``Seasonal Survey in the Atlantic Sea Scallop Fishery,'' that 
has been funded under the 2019 Atlantic Sea Scallop Research Set-Aside 
(RSA) Program.
    This project would look primarily at the seasonal distribution of 
bycatch of yellowtail and windowpane flounder on the eastern part of 
Georges Bank in relation to sea scallop meat weight yield. Additional 
objectives include testing of an experimental cover net to better 
understand dredge efficiency and selectivity, and collection of 
biological samples to examine scallop meat quality and yellowtail 
flounder liver disease. Investigators would also work in cooperation 
with New Hampshire Fish and Game (NHFG) and the Atlantic Offshore 
Lobstermen's Association (AOLA) to tag female lobsters.
    To enable this research, CFF is requesting exemptions for six 
commercial fishing vessels from the Atlantic sea scallop days-at-sea 
(DAS) allocations at 50 CFR 648.53(b); crew size restrictions at Sec.  
648.51(c); observer program requirements at Sec.  648.11(g); Closed 
Area II (CAII) scallop gear restrictions specified at Sec.  648.81(b); 
and access area program requirements at Sec.  648.59(a)(1)-(3), (b)(2), 
(b)(4), Closed Area II Scallop Access Area Seasonal Closure at Sec.  
648.60(d)(2); and dredge or net obstructions at Sec.  
648.51(b)(4)(iii). CFF has also requested that vessels be exempt from 
possession limits and minimum size requirements specified in part 648, 
subsections B and D through O for biological sampling, and Sec.  697.20 
for lobster sampling and tagging purposes only.
    Participating vessels would conduct scallop dredging from August 
2019 through June 2020. Six vessels would conduct a total of six 5-day 
trips, for a total of 30 days at sea (DAS). The survey area would be in 
Closed Area II Access Area, with 3 stations north of the Closed Area II 
Access Area. Open area tows would be conducted on the western and 
southern boundaries of Closed Area II.
    There is a potential for gear conflict with lobster gear in the 
central portion of Closed Area II. In an effort to help mitigate gear 
interactions, CFF would distribute the time and location of stations to 
the lobster industry, work only during daylight hours, post an extra 
lookout to avoid gear, and actively avoid tangling in stationary gear. 
The project would work in cooperation in with NHFG and AOLA to tag 
lobsters with the primary goal of documenting their movement on and off 
Georges Bank. The applicant states that data from the tagging project 
could also help answer questions of lobster discard mortality in the 
scallop fishery.
    All tows would be conducted with two 15-foot (4.6-m) turtle 
deflector dredges for a duration of 30 minutes using an average tow 
speed of 4.8 knots. Both dredges would be rigged with a 7-row apron and 
twine top hanging ratio of 2:1, the experimental dredge would have an 
attached cover net with 2-inch (5.0-cm) mesh extending from the back of 
the head bale to the clubstick. Both dredge frames would be rigged with 
identical rock and tickler chain configurations, 10-inch (25.4-cm) 
twine top, and 4-inch (10.2-cm) ring bag. Gear comparison data will 
help improve efforts to reduce scallop dredge bycatch. With the 
exception of the cover net, dredge gear would conform to scallop gear 
regulations.
    For all tows, the entire sea scallop catch would be counted into 
baskets and weighed. One basket from each dredge would be randomly 
selected, and the scallops would be measured in 5-milimeter increments 
to determine size selectivity. All finfish catch would be sorted by 
species and then counted and measured. Weight, sex, and reproductive 
state would be determined for a random subsample (n=10) of yellowtail, 
winter, and windowpane flounders. Lobsters would be measured, sexed, 
and evaluated for damage and shell disease. No catch would be retained 
for longer than needed to conduct scientific sampling, and no catch 
would be landed for sale. All catch estimates for the project are 
listed in Table 1, below.

                   Table 1--Coonamessett Farm Foundation Georges Bank Scallop Research Project
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                                                                                     Estimated       Estimated
                  Common name                            Scientific name           weight (lb) *    weight (kg)
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Sea Scallop...................................  Placopecten magellanicus........          33,103         111,758
Yellowtail Flounder...........................  Limanda ferruginea..............           1,097             498
Winter Flounder...............................  Pseudopleuronectes americanus...           1,605              69
Windowpane Flounder...........................  Scophthalmus aquosus............           5,656           2,195
Summer Flounder...............................  Paralichthys dentatus...........           1,886             495
Fourspot Flounder.............................  Paralichthys oblongus...........             148             342
American Plaice...............................  Hippoglossoides platessoides....             180              52
Grey Sole.....................................  Glyptocephalus cynoglossus......              24              29
Haddock.......................................  Melanogrammus aeglefinus........             116              25
Atlantic Cod..................................  Gadus morhua....................             199              60
Monkfish......................................  Lophius americanus..............          16,839           9,218
Spiny Dogfish.................................  Squalus acanthias...............             173              25
Barndoor Skates...............................  Dipturus laevis.................           2,217           2,018
NE Skate Complex (excluding barndoor skate)...  Leucoraja erinacea, Leucoraja            127,055          48,920
                                                 ocellata.
                                                                                 -------------------------------
American lobster..............................  Homarus americanus..............              196 **
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* Weights estimated using catch from a similar 2017 project.
** Number of individual animals estimated to be caught.

    The applicant states that the exemptions are necessary to allow 
them to conduct experimental dredge towing without being charged DAS, 
evaluate twine top and dredge apron escapement, and deploy gear in 
areas that are

[[Page 22831]]

currently closed to scallop fishing. Participating vessels need crew 
size waivers to accommodate science personnel. Exemptions from 
possession limits would allow researchers to sample finfish and lobster 
catch that exceeds possession limits or prohibitions. The project would 
be exempt from the sea scallop observer program requirements because 
activities conducted on the trip are not consistent with normal fishing 
operations. Researchers from CFF will accompany each trip taken under 
the EFP. The goal of the proposed work is to provide information on 
spatial and temporal patterns in bycatch rates in the scallop fishery, 
with the objective of identifying mechanisms to mitigate bycatch. The 
data collected would enhance understanding of bycatch and scallop yield 
as they relate to access and open area management.
    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 14, 2019.
Kelly L. Denit,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-10356 Filed 5-17-19; 8:45 am]
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