[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Notices]
[Pages 63762-63763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22801]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC474]


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 (EFP) application 
contains all of the required information and warrants further 
consideration. The EFP 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 EFPs.

DATES: Comments must be received on or before November 4, 2022.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``MREM 4.5-inch Mesh and Underutilized Species EFP.''

FOR FURTHER INFORMATION CONTACT: Samantha Tolken, Fishery Management 
Specialist, [email protected], 978-675-2176.

SUPPLEMENTARY INFORMATION: The applicant submitted a complete 
application for an EFP to conduct commercial fishing activities that 
the regulations would otherwise restrict. This EFP would exempt the

[[Page 63763]]

participating vessels from the following Federal regulations:

                      Table 1--Requested Exemptions
------------------------------------------------------------------------
           Citation                 Regulation       Need for exemption
------------------------------------------------------------------------
50 CFR 648.80(a)(3)(i)........  Gulf of Maine      Conduct exploratory
                                 (GOM) Regulated    fishing to test the
                                 Mesh Area          use of 4.5-inch
                                 Minimum Mesh       (11.4-cm) square
                                 Size and Gear      mesh, intended to
                                 Restrictions.      facilitate the catch
                                                    of haddock and
                                                    pollock, 4.5-inch
                                                    (11.4-cm) diamond
                                                    mesh to facilitate
                                                    the catch of redfish
                                                    and haddock, and 5.5-
                                                    inch (14-cm) square
                                                    mesh to facilitate
                                                    the catch of haddock
                                                    and pollock.
Sec.   648.80(a)(4)(i)........  Georges Bank (GB)  Conduct exploratory
                                 Regulated Mesh     fishing to test the
                                 Area Minimum       use of 4.5-inch
                                 Size and Gear      (11.4-cm) square
                                 Restrictions.      mesh, intended to
                                                    facilitate the catch
                                                    of haddock and
                                                    pollock, 4.5-inch
                                                    (11.4-cm) diamond
                                                    mesh to facilitate
                                                    the catch of redfish
                                                    and haddock, and 5.5-
                                                    inch (14-cm) square
                                                    mesh to facilitate
                                                    the catch of haddock
                                                    and pollock.
Sec.   648.85(e)(1)(ii).......  Redfish Exemption  Conduct exploratory
                                 Program            fishing in the
                                 Exemption Area.    larger, fishing
                                                    years 2015-2019
                                                    Redfish Sector
                                                    Exemption Area.
Sec.   648.85(e)(1)(viii).....  Redfish Exemption  Conduct exploratory
                                 Program Catch      fishing to test the
                                 Thresholds.        use of 4.5-inch
                                                    (11.4-cm) square
                                                    mesh, intended to
                                                    facilitate the catch
                                                    of haddock and
                                                    pollock, 4.5-inch
                                                    (11.4-cm) diamond
                                                    mesh to facilitate
                                                    the catch of redfish
                                                    and haddock, and 5.5-
                                                    inch (14-cm) square
                                                    mesh to facilitate
                                                    the catch of haddock
                                                    and pollock.
------------------------------------------------------------------------


                        Table 2--Project Summary
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project title.....................  Maximized Retention Electronic
                                     Monitoring 4.5-inch (11.4-cm) Mesh
                                     and Underutilized Species.
Applicant.........................  Commercial Fisherman Michael Walsh
                                     and Northeast Sector Service
                                     Network, Inc. (NSSN).
Project objectives................  Determine the gear configuration and
                                     mesh size that most effectively
                                     increases catch of underutilized
                                     healthy stocks (pollock, haddock,
                                     redfish) while minimizing catch of
                                     other stocks (white hake, cod,
                                     etc.), and evaluate if a second
                                     vessel and captain is capable of
                                     maintaining a similar catch
                                     composition of underutilized
                                     species while minimizing catch of
                                     other allocated species.
Application date..................  3/2/2022.
Project period....................  10/1/2022, or as soon as possible,--
                                     4/30/2023.
Project location..................  GOM and GB.
Number of vessels.................  2.
Number of trips...................  Approximately 30.
Trip duration (days)..............  7-10 total days per trip, with 5-8
                                     fishing days per trip.
Total number of days..............  Approximately 300.
Gear type(s)......................  Bottom trawl.
Number of tows or sets............  6-9 tows per day; approximately
                                     2,160 total tows.
Duration of tows or sets..........  2-5 hours per tow; approximately
                                     10,800 total hours.
------------------------------------------------------------------------

Project Narrative

    The subject application would allow up to two sector vessels 
participating in the maximized retention electronic monitoring (MREM) 
program additional exemptions from 50 CFR 648.80(a)(3)(i) and 
(a)(4)(i), and from Sec.  648.85(e)(1)(i) and (e)(1)(viii), to conduct 
exploratory fishing using codends with 4.5-inch (11.4-cm) square mesh, 
intended to facilitate the catch of haddock and pollock, 4.5-inch 
(11.4-cm) diamond mesh to facilitate the catch of redfish and haddock, 
and 5.5-inch (14-cm) square mesh to facilitate the catch of haddock and 
pollock. Additionally, vessels would not be subject to the current 
universal Redfish Exemption Program Exemption Area at Sec.  
648.85(e)(1)(ii) and Redfish Exemption Program Catch Thresholds at 
Sec.  648.85(e)(1)(viii).
    The applicant requested to operate in the larger geographic area 
where the redfish exemption was permitted in fishing years 2015-2019 to 
test the feasibility of using alternative codend configurations to 
facilitate the catch of legal size pollock and haddock during trips 
targeting Acadian redfish. Unlike trips under the current redfish 
exemption, which is authorized in a smaller area during fishing year 
2022, the intent of this EFP is to conduct exploratory fishing. The 
participation of a second vessel will evaluate if a different vessel 
and captain is capable of maintaining a similar catch composition of 
underutilized species, while minimizing catch of other allocated 
species. Exploratory fishing that indicates that the use of 4.5-inch 
(11.4-cm) mesh and larger is biologically sustainable, could inform a 
future program for a maximized-retention-based sector exemption and 
could also incentivize greater participation in an MREM program by 
high-volume vessels.
    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: October 17, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-22801 Filed 10-19-22; 8:45 am]
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