[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34132-34133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11235]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD002]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
General Provisions for Domestic Fisheries; Application for Exempted 
Fishing Permit

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 renewal application from 
the Massachusetts Division of Marine Fisheries contains all of the 
required information and warrants further consideration. The exempted 
fishing permit would allow federally permitted fishing vessels to fish 
outside fishery regulations in support of exempted fishing activities 
proposed by the applicant. Regulations under the Magnuson-Stevens 
Fishery Conservation and Management Act and the Atlantic Coastal 
Fisheries Cooperative Management Act require publication of this notice 
to provide interested parties the opportunity to comment on 
applications for proposed exempted fishing permits.

DATES: Comments must be received on or before June 12, 2023.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on MA DMF Ventless Trap EFP.'' If you cannot submit a 
comment through this method, please contact Allison Murphy at (978) 
281-9122, or email at [email protected].

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, 978-281-9122, [email protected].

SUPPLEMENTARY INFORMATION: The Massachusetts Division of Marine 
Fisheries (MA DMF) 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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         CFR Citation               Regulation       Need for exemption
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50 Part 697.21(c)(1) and (2)..  Gear               To allow for the use
                                 specification      of traps without
                                 requirements for   escape vents.
                                 Lobster
                                 Management Area
                                 1 for Area 2.
Sec.   697.19(a) and (b)......  Trap limit         To allow for trap
                                 requirements for   limits to be
                                 Area 1 and 2.      exceeded.
Sec.   697.19(i)..............  Trap tag           To allow for
                                 requirements.      alternatively-tagged
                                                    traps.
Sec.  Sec.   697.20(a)(2)       Minimum and        To allow sub-legal
 697.20(b)(2), 697.20(a)(3),     maximum carapace   and over-sized
 and 697.20(b)(3).               length             lobsters to be
                                 requirements for   landed for research
                                 Areas 1 and 2.     purposes.
Sec.   697.20(g)(1) and (3)...  V-notch            To allow landing of
                                 possession         female lobsters for
                                 requirement for    research purposes.
                                 Areas 1 and 2.

[[Page 34133]]

 
Sec.   697.20(d)(1) and (3)...  Berried female     To allow landing of
                                 possession         egg-bearing female
                                 requirements.      lobsters for
                                                    research purposes.
Sec.   697.20(h)(1)...........  Minimum carapace   To allow sub-legal
                                 width              Jonah crabs to be
                                 requirements.      landed for research
                                                    purposes.
Sec.  Sec.   697.20(h)(2)(i)    Berried female     To allow landing of
 and (ii).                       possession         egg-bearing female
                                 requirement.       Jonah crabs for
                                                    research purposes.
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                        Table 2--Project Summary
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           Project title              2023 MA DMF Ventless Trap Survey
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Institution.......................  MA DMF.
Principal Investigator............  Tracy Pugh.
Division action number............  DA23-045.
Funding source....................  State funded.
Continuing project (yes/no).......  Yes.
Project objectives................  To provide fishery-independent data
                                     on lobster growth and abundance
                                     within Massachusetts State waters
                                     of statistical areas 514 and 538.
Initial application date..........  May 3, 2023.
Final application date............  N/A.
Project Start.....................  June 2023.
Project End.......................  October 2023.
Project location..................  Statistical Areas 514 and 538.
Number of vessels.................  Up to 4.
Number of trips...................  Approximately 10.
Trip duration (days)..............  1.
Total number of days..............  Approximately 40.
Gear type(s)......................  Lobster traps.
Number of tows or sets............  n/a.
Duration of tows or sets..........  3 days soak time.
------------------------------------------------------------------------

Project Narrative

    The purpose of this survey is to provide fishery-independent data 
on lobster growth and abundance within Massachusetts State waters of 
statistical areas 514 and 538. MA DMF funds this lobster abundance 
survey through their commercial and recreational lobster license fees. 
This survey has occurred annually since 2006. At least one MA DMF 
scientist would be on board for the sampling trips. MA DMF personnel 
would not be on board when traps are baited and deployed. Exemptions 
would not substantively chance vessel operations. All catch during 
sampling trips would be retained temporarily to collect biological 
data. MA DMF staff may collect lobster and/or Jonah crab, including 
undersized, oversized, v-notched, and egg-bearing lobsters. Collected 
samples would be used for research projects on growth and maturity. No 
catch from the experimental traps would be landed for sale. All gear 
would be Atlantic Large Whale Take Reduction Plan compliant. Survey 
traps will be separate from each vessel's commercial lobster traps and 
would be tagged as, ``MADMF Research Traps.''
    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 the 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.
    All comments received are a part of the public record and will 
generally be posted for public viewing in https://www.noaa.gov/organization/information-technology/foia-reading-room without change. 
All personal identifying information (e.g., name, address), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. NMFS 
will accept anonymous comments (enter ``anonymous'' as the signature if 
you wish to remain anonymous).
    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 22, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-11235 Filed 5-25-23; 8:45 am]
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