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.
Issuing agencies
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 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 54 (Friday, March 21, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13350-13352]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04881]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
<a href="/cdn-cgi/l/email-protection#4e2023283d60292f3c602b283e0e20212f2f60292138"><span class="__cf_email__" data-cfemail="4f2122293c61282e3d612a293f0f21202e2e61282039">[email protected]</span></a>. 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, <a href="/cdn-cgi/l/email-protection#10737862796364797e753e767f6274507e7f71713e777f66"><span class="__cf_email__" data-cfemail="13707b617a60677a7d763d757c6177537d7c72723d747c65">[email protected]</span></a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>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.