Notice2021-23884

Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
November 2, 2021

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

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 of 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.

Full Text

<html>
<head>
<title>Federal Register, Volume 86 Issue 209 (Tuesday, November 2, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60446-60448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23884]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB480]


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.

-----------------------------------------------------------------------

[[Page 60447]]

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 of 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 17, 2021.

ADDRESSES: You may submit written comments by any of the following 
methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#4c22212a3f622b2d3e62292a3c0c22232d2d622b233a"><span class="__cf_email__" data-cfemail="fd93909b8ed39a9c8fd3989b8dbd93929c9cd39a928b">[email&#160;protected]</span></a>. Include in the subject line 
``CFF Seasonal Scallop Survey EFP.''

FOR FURTHER INFORMATION CONTACT: Louis Forristall, Marine Resource 
Management Specialist, <a href="/cdn-cgi/l/email-protection#b6dad9c3dfc598d0d9c4c4dfc5c2d7dadaf6d8d9d7d798d1d9c0"><span class="__cf_email__" data-cfemail="ec808399859fc28a839e9e859f988d8080ac82838d8dc28b839a">[email&#160;protected]</span></a>, (978) 281-9321.

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:

                      Table 1--Requested Exemptions
------------------------------------------------------------------------
            Citation                  Regulation      Need for exemption
------------------------------------------------------------------------
50 CFR 648.53(b)................  Days-at-Sea (DAS).  Exempt
                                                       participating
                                                       vessels from DAS
                                                       while testing
                                                       experimental
                                                       gears.
Sec.   648.51(c)................  Crew Size           Allow for
                                   Restrictions.       researchers to be
                                                       present on
                                                       vessel.
Sec.   648.11(g)................  Observer Program    Research
                                   Requirements.       activities are
                                                       not consistent
                                                       with normal
                                                       fishing
                                                       operations.
Sec.   648.51(b)(4)(iii)........  Dredge              Allow for testing
                                   Obstructions.       of gear
                                                       modifications--on
                                                       ly additional
                                                       depressor plate
                                                       or large disc
                                                       cookie sweep.
Sec.   648.60(e)................  Nantucket           Allow for
                                   Lightship South-    experimental
                                   Deep Scallop        fishing
                                   Rotational Area.    activities in
                                                       closed rotational
                                                       management area.
Sec.   648.60(g)................  Nantucket           See above.
                                   Lightship North
                                   Scallop
                                   Rotational Area.
Sec.   648.60(h)................  Nantucket           See above.
                                   Lightship
                                   Triangle Scallop
                                   Rotational Area.
Sec.   648.60(b)................  Closed Area II      See above.
                                   Scallop
                                   Rotational Area.
Sec.   648.60(b)(2).............  Closed Area II      See above.
                                   Closure Area
                                   restrictions.
Sec.   648.60(d)................  Closed Area II      See above.
                                   East Scallop
                                   Rotational Area
                                   restrictions.
Sec.   648.81(b)................  Closed Area II      See above.
                                   scallop gear
                                   restrictions.
Sec.   648.81(a)(5)(i)..........  Closed Area II      See above.
                                   Closure area
                                   restrictions.
Sec.   648.59(a)(1)-(3), (b)(2),  Access area         See above.
 (b)(4).                           program
                                   requirements.
Sec.   648.14(i)(1)(vi)(B)......  Scallop closed      See above.
                                   area requirement
                                   for scallop
                                   rotational areas.
Part 648 Subparts B and D         Fish size and       Onboard sampling
 through O.                        Possession limits.  activities.
------------------------------------------------------------------------


                        Table 2--Project Summary
------------------------------------------------------------------------
                                          Developing an effective foot
                                        sweep to reduce flounder bycatch
                                            in scallop dredges using
            Project title               computational fluid dynamics and
                                           field testing with paired
                                                    dredges.
------------------------------------------------------------------------
Applicant............................  Coonamessett Farm Foundation
                                        (CFF).
Project objectives...................  Test the capability of a dredge
                                        modification to reduce flounder
                                        bycatch.
Application date.....................  August 5, 2021.
Project period.......................  December 1, 2021--April 20, 2022.
Project location.....................  Closed Area II & Nantucket
                                        Lightship Access Areas, Open
                                        Area of Great South Channel,
                                        Stellwagen Bank, and Long
                                        Island.
Number of vessels....................  2.
Number of trips......................  2.
Trip duration (days).................  5 (3 fishing, 2 transit).
Total number of days.................  10.
Gear type(s).........................  Paired Turtle Deflector Dredges.
Number of tows or sets...............  60.
Duration of tows or sets.............  30 minutes.
------------------------------------------------------------------------

Project Narrative

    Coonamessett Farm Foundation (CFF) applied for an EFP on August 5, 
2021, to conduct a field trial of scallop dredge cutting bar 
modifications. This EFP would allow CFF to conduct 60 tows over 10 days 
at sea on commercial scallop vessels. The gear modifications used in 
the field trials would either be: (1) A rigid steel plate ahead of the 
depressor plate, parallel to the cutting bar or (2) a large disc cookie 
sweep. Computational fluid dynamics testing and expert opinion would be 
used to assess variations of these modifications and the selected 
modifications would be tested in field trials.
    Tow locations would be based on flatfish bycatch hotspots reported 
by CFF's industry partners. Participating vessels would use two, 15-
foot turtle deflector dredges towed side-by-side. The dredges would 
have 10-inch twine tops and 4-inch rings. One dredge would feature the 
selected gear modification. A tow speed of 4.5 to 5.5 knots and tow 
time of 30 minutes would be targeted throughout the field trials.
    CFF researchers would accompany vessels at all times and would 
direct sampling activities. Scallop catch would be sorted into baskets 
and weighed. A one-basket sub-sample from each dredge would be measured 
to the nearest millimeter and shucked to evaluate meat yield. Fish 
catch would be

[[Page 60448]]

weighed and measured. Other bycatch species would be counted and 
weighed. With the exception of catch sacrificed for biological 
sampling, catch would be returned to the water as quickly as possible 
after sampling.
    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 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-23884 Filed 11-1-21; 8:45 am]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on November 2, 2021.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.