[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71239-71240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27102]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB609]


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 Northeast Fisheries Science Center has requested a change 
to a previously issued exempted fishing permit which would result in 
new regulatory exemptions for participating vessels. The Assistant 
Regional Administrator for Sustainable Fisheries, Greater Atlantic 
Region, NMFS, has determined that this request is outside the scope of 
the initially approved exempted fishing permit. As a result, 
regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested

[[Page 71240]]

parties the opportunity to comment on the proposed changes to the 
exempted fishing permit previously issued to the Northeast Fisheries 
Science Center.

DATES: Comments must be received on or before December 30, 2021.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``Modification to Center Study Fleet EFP.''

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, 978-281-9232.

SUPPLEMENTARY INFORMATION: On May 6, 2021, NMFS issued an exempted 
fishing permit (EFP) to the Northeast Fisheries Science Center (Center) 
in support of the 2021 Study Fleet Program. The Study Fleet Program was 
established in 2002 to more fully characterize commercial fishing 
operations and provide sampling opportunities to augment NMFS's data 
collection programs. As part of the program, the Center contracts 
commercial fishing vessels to collect biological data and fish 
specimens for the Center to use in research relevant to stock 
assessments and fish biology. The Center's Study Fleet Program trains 
participating captains and crew to conduct at-sea sampling consistent 
with Center sampling protocols for survey and observer programs. During 
EFP trips, crew sort, weigh, measure, and collect biological data from 
fish prior to discarding.
    The EFP currently exempts 20 commerical fishing vessels from 
minimum fish sizes and possession limits for species of interest, as 
shown in Table 1.

   Table 1--Regulatory Exemptions Originally Issued for the 2021 Study
                                Fleet EFP
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Exempted regulations in 50 CFR part    Minimum fish sizes: Sec.   648.83
 648.                                   Northeast multispecies minimum
                                        fish sizes for haddock,
                                        yellowtail flounder, winter
                                        flounder, and American plaice.
                                       Possession restrictions: Sec.
                                        648.86(a) Haddock, Sec.
                                        648.86(d) Small-mesh
                                        multispecies, Sec.   648.86(g)
                                        Yellowtail flounder, Sec.
                                        648.86(o) Possession limits
                                        implemented by the Regional
                                        Administrator.
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    On November 4, 2021, the NESFC requested a modification to the EFP 
which would add an exemption to Sec.  648.86(l), which prohibits the 
possession of ocean pout, windowpane flounder, and Atlantic wolffish. 
The modification would allow six of the participating vessels to retain 
and land Atlantic wolffish when directed by the Center. Ocean pout and 
windowpane flounder are not target species for this EFP, but their 
possession is prohibited by the same regulation which prohibits the 
possession of Atlantic wolffish. As a result, an exemption from the 
regulation which prohibits possession of Atlantic wolffish would also 
act as an exemption from the possession prohibition for ocean pout and 
windowpane flounder. To prevent vessels from harvesting ocean pout or 
windowpane flounder, the terms and conditions of the EFP would prohibit 
participating vessels from retaining and landing ocean pout and 
windowpane flounder.
    Participating vessels would not be allowed to collect more than 10 
fish total, or an amount over 70 lb (31.75 kg) total, whichever is 
reached first. In order to ensure that landed fish do not exceed the 
collection needs of the Study Fleet Program, the Center would issue a 
formal biological sampling request prior to landing. The captain or 
crew would deliver landed fish to Center staff or local NMFS Port 
Agents upon landing.
    The Center requested this modification in order to support new 
research focusing on the osteology and ontogeny of wolffish species, 
which requires biological samples of Atlantic wolffish. The study would 
contribute fundamental data on the morphology of fish in the wolffish 
family, which would provide a necessary baseline for phylogenetic 
analysis and future morphological research.
    This modification would not alter any other aspect of the EFP, 
including the remaining exemptions, remaining conditions and 
requirements, and study period. They do not change the impact of the 
EFP from what was previously issued.
    The applicant may request further 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: December 9, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-27102 Filed 12-14-21; 8:45 am]
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