[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14465-14466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XX045]


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 five commercial fishing vessels 
from limited access sea scallop regulations in support of a study 
examining the feasibility of transplanting scallops from high density 
areas to areas of lower density using bottom trawls. 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.

[[Page 14466]]


DATES: Comments must be received on or before March 27, 2020.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``DA19-109 Nordic Fisheries Transplanting 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 ``DA19-109 
Nordic Fisheries Transplanting EFP.''

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

SUPPLEMENTARY INFORMATION: Nordic Fisheries submitted an initial 
Exempted Fishing Permit (EFP) application on November 21, 2019, in 
collaboration with Empire Fisheries, Quinn Fisheries, Fulcher Trawling, 
and the Coonamessett Farm Foundation (CFF). The application was 
considered complete on January 23, 2020. The applicant's overarching 
research objective is to determine the operational and economic 
feasibility of using bottom trawls to transfer scallops short distances 
underwater and transplant them from areas of high scallop densities to 
lower density areas. This is in response to a large cohort of scallops 
in the Nantucket Lightship South Rotational Area that is currently in 
deeper water and has shown significantly slower growth compared to 
similar cohorts in less-dense, shallower areas. The applicant wants to 
determine if, by moving scallops to areas of lower scallop density, 
those scallops grow larger due to less competition over food resources. 
The applicant would research the optimal bottom trawl gear 
specifications (e.g., sweep length, mesh size, need for chafing gear, 
etc.) for transporting scallops, as well as determine the optimal 
quantity of scallops to transfer and associated operational costs.
    To enable this research, Nordic Fisheries is requesting exemptions 
for five commercial fishing vessels from: The Atlantic sea scallop crew 
size restrictions at Sec.  648.60(c); observer program requirements at 
Sec.  648.11(g); restrictions on the use of trawl nets at Sec.  
648.51(f); maximum sweep, minimum mesh size, chafing gear, and other 
gear obstructions at Sec.  648.51(a)(1), (2)(ii), (3)(i), and (3)(ii), 
respectively; Georges Bank regulated mesh area mimum mes size and gear 
restrictions at Sec.  648.80(a)(4)(i); Nantucket Lightship South 
Rotational Areas at Sec.  648.60(e); and access area program 
requirements at Sec.  648.59(a)(1)-(3), (b)(2), (b)(4). The EFP would 
also grant vessels a temporary exemption from possession limits and 
minimum size requirements specified in part 648, subsections B and D 
through O, and Sec.  697.20 for sampling purposes. The applicants need 
these exemptions to deploy bottom trawl gear in areas where the gear is 
not allowed. Participating vessels need crew size waivers to 
accommodate researchers and possession waivers for sampling purposes. 
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 would 
accompany each trip taken under the EFP.
    This project would conduct up to five trips using five different 
vessels. The length of each trip would be approximately 3 days-at-sea 
(DAS), for an estimated 15 DAS. Transplanting would occur from April-
June 2020. The applicant intends to catch and transplant 10,000,000 
scallops.
    All tows to harvest scallops for transplanting would be conducted 
with one trawl for a duration of approximately 10 minutes using an 
average tow speed of 2.5 knots for an estimated 150 tows. Each codend 
and extension would be calibrated volumetrically using colored ropes 
woven in the meshes on top to estimate catch. In addition to the 
colored ropes, some vessels will use net sensors to indicate net 
fullness. Meshes on the trawl codend would range between 4 and 5.5 
inches (10.2 and 14 cm) and net liners would be no smaller than 1.9 
inches (50 mm). The trawl sweep length would vary but would not exceed 
150 feet (45.7 m). The scallops would be harvested from the large 
cohort of slow growing scallops in the deep water portion of the 
Nantucket Lightship South Rotational Area and transplanted to an area 
that Atlantic Sea Scallop Framework Adjustment 32 (85 FR 9705; February 
20, 2020) is proposing to close to support projects of this nature.
    The first tow of each trip would be brought on deck to check the 
trawl volume calibration, measure and take biological samples of the 
scallops, and count and measure the bycatch. All remaining tows for the 
trip would be brought directly to the transplant site. Once there, the 
nets would be brought to the surface to estimate volume and then the 
scallops would be released into the water through the codend. With the 
exception of samples retained for further processing for scientific 
purposes, no catch would be retained for longer than needed to conduct 
sampling, and no catch would be landed for sale. All catch estimates 
for the project are listed in the table below. Bycatch estimates are 
derived from dredge work in the area, but based on interviews with 
scallop trawl captains, the bycatch rates are anticipated to be close 
to zero due to high densities of scallops and short tow duration. All 
fishing activity would be limited to catching and transplanting 
scallops.

        Table 1--Estimated Catch, by Species, for CFF EFP Request
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                                                   Estimated   Estimated
                   Common name                      weight      weight
                                                     (lb)        (kg)
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Sea Scallop.....................................      12,000       5,443
Yellowtail Flounder.............................          20           9
Winter Flounder.................................          20           9
Windowpane Flounder.............................          60          27
Monkfish........................................         100          45
Other Fish......................................         120          54
Barndoor Skates.................................          20           9
Northeast Skate Complex.........................         500         227
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    The applicants would work with other research groups funded through 
the Scallop Research Set-Aside Program and use data collected from both 
the harvest and transplant sites during routine surveys in May-July 
2020 and 2021 to compare growth and abundance.
    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: March 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-05048 Filed 3-11-20; 8:45 am]
 BILLING CODE 3510-22-P