[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13350-13352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04881]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE716]


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 federally permitted fishing vessels 
to fish outside fishery regulations in support of exempted fishing 
activities proposed by the Cape Cod Commercial Fishermen's Alliance. 
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 April 7, 2025.

ADDRESSES: You may submit written comments by email at 
[email protected]. Include in the subject line ``CCCFA SCOQ EFP.'' 
All comments received are a part of the public record and may be posted 
for public viewing 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).

FOR FURTHER INFORMATION CONTACT: Christine Ford, Fishery Management 
Specialist, [email protected], 978-281-9185.

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 
participating vessels from the following Federal regulations:

[[Page 13351]]



                      Table 1--Requested Exemptions
------------------------------------------------------------------------
        CFR citation               Regulation        Need for exemption
------------------------------------------------------------------------
50 CFR 648.14(j)(2)(iii)....  Prohibition against   Participating
                               offloading            vessels are not
                               unshucked surfclams   capable of carrying
                               or ocean quahogs      cages, and ports do
                               from vessels not      not have the
                               capable of carrying   infrastructure to
                               cages.                safely offload into
                                                     cages.
50 CFR 648.14(j)(3)(vi).....  Prohibition against   Participating
                               landing or            vessels will use
                               possessing, after     alternate/smaller
                               offloading, any       sized containers
                               cage holding          and alternate tags,
                               surfclams or ocean    and will not be
                               quahogs without a     tagging as required
                               cage tag required     in 648.77.
                               by Sec.   648.77.
50 CFR 648.77(a)............  Cage tag              The tags will not be
                               requirements.         in increments of 60
                                                     cubic feet (ft3)
                                                     (1.7 cubic meters
                                                     (m3)) (32 bushels);
                                                     the landing
                                                     containers will be
                                                     tagged in 16-bushel
                                                     increments.
------------------------------------------------------------------------


                        Table 2--Project Summary
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project title................  Use of alternative cage sizes and tag
                                protocols to support a high-quality,
                                niche market for Atlantic surfclam and
                                ocean quahog harvested by day-boat
                                vessels on Cape Cod.
Project start................  Upon Issuance.
Project end..................  12/31/2025.
Project objectives...........  To test the viability of alternate
                                landing containers for smaller vessels,
                                tag and quantify surfclams and ocean
                                quahogs with a cage tag equivalent, and
                                evaluate alternative landing procedures
                                to improve the quality and value of
                                surfclams landed with smaller vessels
                                and smaller containers.
Project location.............  Federal waters around Cape Cod, to
                                include Statistical Areas 521, 514, 526,
                                537, and 538.
Number of vessels............  5.
Number of trips..............  195.
Trip duration (days).........  1.
Total number of days.........  195.
Gear type(s).................  Dredge.
Number of tows or sets.......  30-40 per trip; up to 7,800 total.
Duration of tows or sets.....  15-30 minutes.
------------------------------------------------------------------------

Project Narrative

    This project builds on initial work completed in 2014-2015, and 
reflects renewed interest in Atlantic surfclams and ocean quahogs by 
the Cape Cod small boat fleet and a new, local dealer/processor that 
normally buys from state waters surfclam boats, and accepts smaller 
increments. The previous test using alternative containers and tags 
showed promise, but buyers at the time would not accept non-standard 
cages, limiting the market viability of the alternative cages. This EFP 
would collect data to support a future regulatory request to 
permanently allow small boats to land surfclams and ocean quahogs in 
smaller increments.
    This EFP would authorize five vessels to continue to develop the 
viability of a day-boat Atlantic surfclam and ocean quahog fishery for 
small vessels based out of Cape Cod, by testing alternatives to the 
large industry-standard cages and 32-bushel (1.13 cubic meter (m\3\)) 
cage tags. The traditional cages do not fit on smaller day-boats and, 
as a result, vessels not capable of carrying a cage onboard must 
offload directly into cages. This can be burdensome and dangerous, and 
the extra handling and compression of clams in the cages can lead to 
damaged product and lower market value. Many ports do not have the 
infrastructure to safely offload into cages, and the local dealer 
dedicated to buying the catch is not capable of handling 32-bushel 
(1.13 m\3\) cages. All participating vessels would have open access 
permits and receive tags from one of the participants with allocation.
    The participating vessels would use two alternative landing 
containers: A standard-size fish vat (internal measurements: 44 inch x 
39 inch x 27 inch (1.12 meter (m) x 0.99 m x 0.69 m) capable of holding 
16 bushels (0.56 m\3\), and a standard-size stackable fish tote 
(internal measurements: 25 inch x 15.8 inch x 10.2 inch (0.64 m x 0.40 
m x 0.26 m) capable of holding 1.5 bushels (0.05 m\3\). One alternative 
denomination of a 16-bushel tag would be used, either on a fish vat or 
on a pallet of ten 1.5-bushel totes wrapped in plastic wrap; the 
participants acknowledge the loss of 1 bushel (0.04 m\3\) worth of 
catch for each pallet tagged. The vats would be constrained to weigh no 
more than 1,424 pounds (0.65 metric tons (mt)). The totes on a pallet 
would also be constrained to weigh no more than 1,424 pounds (but 
likely to only weigh 1,335 pounds (0.61 mt)); weight samples would be 
taken by the dealer to verify weights as to further develop the 
experimental containers. The applicant would work with NMFS and the 
National Band and Tag Company to convert standard cage tags into the 
alternative tag denomination. Up to 1,500 32-bushel ocean quahog tags 
and up to 1,000 32-bushel surf clam tags would be converted to 16-
bushel tags.
    Participating fishermen would complete a data sheet for each EFP 
trip to provide information on price per bushel and weight for each 
landing increment. Landings data would be verified with collection of 
dealer reports for each EFP trip. The proportion of breakages vs. live 
would be tested through collection of processor data detailing surfclam 
quality and condition. Annual surveys to measure impact and determine 
progress against the measures of success will be completed, and the 
effects of using modified landing containers and alternative tags will 
be analyzed to determine what, if any, benefits the EFP protocol 
provides to economic viability and safety of small boat surfclam/ocean 
quahog fishing businesses.
    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.

[[Page 13352]]

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 18, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2025-04881 Filed 3-20-25; 8:45 am]
BILLING CODE 3510-22-P