[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41020-41021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16292]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB262]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 41021]]

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 from the 
Commercial Fisheries Research Foundation contains all of the required 
information and warrants further consideration. 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 August 16, 2021.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``Commercial Fisheries Research Foundation N-Viro Dredge EFP.''

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, [email protected], (978) 281-9135.

SUPPLEMENTARY INFORMATION: The Commercial Fisheries Research Foundation 
(CFRF) submitted a complete application for an Exempted Fishing Permit 
(EFP) to conduct commercial fishing activities that the Atlantic Sea 
Scallop Fishery Management Plan regulations would otherwise restrict. 
This EFP would exempt the participating vessels from: Observer program 
requirements at 50 CFR 648.11; days-at-sea (DAS) requirements at Sec.  
648.53; crew size restrictions at Sec.  648.51(c); scallop fishing 
restrictions in Closed Area II--East at Sec.  648.59(b)(2) and (g)(1); 
scallop trawl and dredge gear restrictions at Sec.  648.51; and minimum 
size and possession restrictions for onboard sampling and scallop 
transplanting in Sec.  648 subparts B and D through O.
    The project was funded as part of the 2021 Atlantic Sea Scallop 
Research Set-Aside (RSA) Program, and is the second phase of a project 
funded by the 2019 Scallop RSA Program. This project would compare 
scallop catch rates, bycatch rates, and fuel savings from new designs 
of the N-Viro dredge to the standard New Bedford style dredge, as well 
as the version of the N-Viro dredge used in the 2019 study.
    Experimental fishing will take place on four limited access general 
category (LAGC) vessels and one limited access (LA) scallop vessel. The 
LAGC vessels will target a total of 90 60-minute tows using the N-Viro 
dredge in Statistical Areas 537, 539, and 611 over approximately 12 
days of fishing. The LA vessel will conduct one, 6-day trip in Closed 
Area II--East. This area has a large population of small scallops and 
would allow for testing the effects of the N-Viro dredge on small 
scallop bycatch. The LA vessel will conduct 90 paired tows using the N-
Viro dredge and a standard New Bedford dredge. Forty-five tows will be 
at the optimal speed for the N-Viro dredge, and 45 tows at the optimal 
speed for the New Bedford dredge.
    The N-Viro dredge design will vary slightly between the LAGC and LA 
vessels participating in the project. For the LAGC vessels, the dredge 
will consist of a tow bar with four small dredges attached, while the 
LA vessel will use six small dredges attached to a tow bar. CFRF may 
test several modifications to the small dredge on the LAGC, including: 
(1) Increasing the number of tines on each frame from 9 to 12; (2) 
adding a pressure plate to the frame opening; (3) substituting a 
cutting bar in place of the adjustable tine bar on the dredge frames; 
(4) changing the twine top hang ration and attachment points; (5) 
moving a set of float cans to the front of the bag; (6) removing chain 
links between tow bar and individual frames to change frame tow angles; 
and (7) adding rubber chafing gear. Two of the small dredges will be 
standard. Results from the LAGC portion of the research will inform the 
design of the dredge used on the LA vessel.
    Researchers from CFRF would accompany each trip taken under the EFP 
and direct all sampling activities. On all vessels, catch will be 
sorted into baskets after each tow. On LAGC vessels, catch from the 
standard and modified N-Viro dredges will be kept separate. On the LA 
vessel, catch from the N-Viro dredge and New Bedford dredge will be 
kept separate. The total number and weight of scallops and rocks will 
be recorded. Sub-legal scallops will then be separated from legal 
scallops, and both categories will be counted and weighed. A random 
subsample of each will be measured. All incidental catch will 
identified to the species level, and will be counted, weighed, and 
measured.
    On the LAGC trips, scallop catch would be kept for sale in 
accordance with current regulations. On the LA trips, catch would not 
be landed for sale unless the vessel has used 2021 Scallop RSA quota.
    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: July 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16292 Filed 7-29-21; 8:45 am]
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