[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24171-24173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08214]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC921]


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 4, 2023.

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:

[[Page 24172]]



                      Table 1--Requested Exemptions
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       CFR citation             Regulation         Need for exemption
------------------------------------------------------------------------
648.83...................  Multispecies         Allow possession of
                            Minimum 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
                            Multispecies         small-mesh possession
                            Possession           restrictions for
                            Restriction.         biological sampling.
648.86(g)................  Yellowtail Flounder  Exempt common pool
                            Possession           vessels from yellowtail
                            Restriction.         possession restrictions
                                                 and limitations.
648.86(j)................  Georges Bank Winter  Exempt common pool
                            Flounder             vessels from winter
                            Possession           flounder restrictions.
                            Restriction.
------------------------------------------------------------------------


                        Table 2--Project Summary
------------------------------------------------------------------------
           Project title                     Study fleet program
------------------------------------------------------------------------
Applicant.........................  Northeast Fisheries Science Center's
                                     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..................  March 1, 2023.
Project period....................  May 1, 2023-April 30, 2024.
Project location..................  The Gulf of Maine, Georges Bank,
                                     Southern New England, and the Mid-
                                     Atlantic.
Number of vessels.................  20.
Number of trips...................  100.
Trip duration (days)..............  5.
Total number of days..............  500.
Gear type(s)......................  Otter trawl, scallop dredge,
                                     midwater otter trawl, paired trawl.
Number of tows or sets............  5.
Duration of tows or sets..........  1 hour.
------------------------------------------------------------------------

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 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 
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). If 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.


[[Page 24173]]


    Dated: April 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-08214 Filed 4-18-23; 8:45 am]
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