[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27133-27134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09805]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB897]


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. The 
Exempted Fishing Permit would allow commercial fishing vessels to fish 
outside fishery regulations in support of research conducted by the 
applicant. 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 May 23, 2022.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``NEFSC Study Fleet EFP''.

FOR FURTHER INFORMATION CONTACT: Louis Forristall, Fishery Management 
Specialist, (339) 674-7646.

SUPPLEMENTARY INFORMATION: The applicant submitted a complete 
application for an Exempted Fishing Permit (EFP) to conduct commercial 
fishing activities that the regulations would otherwise restrict. This 
EFP would exempt the participating vessels from the following Federal 
regulations:

                      Table 1--Requested Exemptions
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      Citation              Regulation            Need for exemption
------------------------------------------------------------------------
648.83..............  Multispecies Minimum    Allow possession of
                       Fish Sizes.             haddock, yellowtail
                                               flounder, winter
                                               flounder, and American
                                               plaice below minimum size
                                               on Common pool and sector
                                               vessels for biological
                                               sampling purposes.
684.86(a)...........  Haddock Possession      Allow possession of
                       Restriction.            haddock for biological
                                               sampling.
648.86(d)...........  Small-Mesh              Exempt vessels from small-
                       Multispecies            mesh possession
                       Possession              restrictions for
                       Restriction.            biological sampling.
648.86(g)...........  Yellowtail Flounder     Exempt common pool vessels
                       Possession              from yellowtail
                       Restriction.            possession restrictions
                                               and limitations.
648.86(j)...........  Georges Bank Winter     Exempt common pool vessels
                       Flounder Possession     from winter flounder
                       Restriction.            restrictions.
648.86(l)...........  Ocean Pout, Windowpane  Exempt vessels from
                       Flounder, and           wolffish possession
                       Atlantic Wolffish       prohibitions.
                       Possession
                       Restriction.
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                        Table 2--Project Summary
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           Project title                     Study fleet program
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Applicant.........................  NESFC Cooperative Research Branch.
Project objectives................  Allow fishermen and Center staff to
                                     collect biological data and
                                     biological samples relevant to
                                     stock assessments and fish biology.
Application date..................  February 7, 2022.
Project period....................  May 1, 2022.
Project location..................  April 30, 2023.
Number of vessels.................  19.
Number of trips...................  40.
Trip duration (days)..............  3.
Total number of days..............  72.
Gear type(s)......................  Otter trawl, scallop dredge,
                                     midwater otter trawl, paired trawl.
Number of tows or sets............  5.
Duration of tows or sets..........  2 hours.
------------------------------------------------------------------------

Project Narrative

    The Northeast Fisheries Science Center's Cooperative Research 
Branch is requesting an EFP to allow participants in their Study Fleet 
Program to collect biological information on discarded catch. The 
Center established the Study Fleet Program in 2002 to more fully 
characterize commercial fishing operations and provide sampling 
opportunities to augment NOAA's National Marine Fisheries Service'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.
    Under the EFP, Study Fleet participants would be allowed to

[[Page 27134]]

temporarily possess catch that is below minimum size restrictions and 
above possession limits for the purposes of biological sampling. When 
directed by the Center, participating vessels would be authorized to 
retain and land specific amounts of fish exceeding possession limits 
and/or below minimum fish sizes, for research purposes only. The 
captain or crew would deliver these fish to Center staff or local Port 
Agents upon landing. In these limited circumstances, the Study Fleet 
Program would give participating vessels a formal biological sampling 
request prior to landing. This would ensure that the landed fish do not 
exceed any collection needs of the Study Fleet Program, as detailed 
below.
    During EFP trips, crew would sort, weigh, measure, and collect 
biological data from fish prior to discarding. During sampling, some 
discarded fish would remain on deck slightly longer than they would 
under normal sorting procedures. Exemptions from minimum fish sizes and 
possession restrictions would allow vessels to temporarily retain catch 
for at-sea sampling.
    Vessels would be required to comply with all other applicable 
regulations specified at 50 CFR part 648 and would not be exempt from 
any inseason quota closures. All catch would be attributed to the 
appropriate commercial fishing quota. For a vessel fishing on a 
groundfish sector trip, all catch of groundfish stocks allocated to 
sectors would be deducted from the vessel's sector's annual catch 
entitlement (ACE). Once the ACE for a stock has been reached in a 
sector, participating vessels would no longer be allowed to fish in 
that stock area unless the sector acquires additional ACE for the stock 
in question. For participating common pool vessels, all groundfish 
catch would be counted toward the appropriate trimester total allowable 
catch (TAC). Common pool vessels would be exempt from the possession 
and trip limits, but would still be subject to trimester TAC closures.
    Vessels fishing under this EFP would be required to report via 
their Vessel Monitoring System (VMS) or the web- or app-based 
Interactive Voice Response (IVR) system to identify trips that would be 
landing species below minimum size limits and/or in excess of 
possession limits. Vessels not landing fish for the Center, but 
temporarily possessing fish for at-sea sampling, would not be required 
to report via the IVR system or VMS.
    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 3, 2022.
Jennifer M. Wallace,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-09805 Filed 5-5-22; 8:45 am]
BILLING CODE 3510-22-P