[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16775-16776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06638]
[[Page 16775]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD136
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 Regional Fisheries Office, NMFS (Assistant
Regional Administrator), has made a preliminary determination that an
Exempted Fishing Permit (EFP) application contains all of the required
information and warrants further consideration. To enable the harvest
of herring research set-aside (RSA) quota, the EFP applicant has
requested that commercial fishing vessels be allowed to fish during
Federal management area quota closures and Area 1A and 1B seasonal sub-
ACL closures. In addition, the applicant has requested authorization to
harvest RSA quota irrespective of a river herring/shad catch cap, if
implemented under the Atlantic Herring Fishery Management Plan (FMP),
and to carryover unharvested RSA quota into future years. This EFP
would be for the exclusive purpose of harvesting RSA quota to fund
research awarded under the Atlantic Herring Research Set-Aside Program.
The research intends to characterize and reduce river herring catch in
the herring midwater trawl fishery.
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 10, 2014.
ADDRESSES: You may submit written comments by any of the following
methods:
Email: [email protected]. Include in the subject line
``Comments on the SMAST River Herring EFP.''
Mail: John K. Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
the SMAST River Herring EFP.''
Fax: (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Policy Analyst,
978-281-6326, [email protected].
SUPPLEMENTARY INFORMATION: NMFS granted a herring RSA award to the
University of Massachusetts, Dartmouth, School for Marine Science and
Technology (SMAST) under the 2014/2015 Herring RSA Program for their
research project titled ``Characterizing and Reducing River Herring
Incidental Catch in the Atlantic Herring Midwater Trawl Fishery.''
SMAST was awarded 936 mt from Area 1A; 138 mt from Area 1B; and 900 mt
from Area 2 in 2014 and 2015. The research project will: (1) Provide
for portside sampling of at least 50 percent of midwater trawl landings
in Massachusetts; (2) estimate the total amount of river herring caught
by midwater trawl vessels in 2014 and 2015; (3) describe the length,
number, and maturity of river herring incidental catch by location and
time; (4) continue near real-time river herring avoidance through
midwater trawl fleet communication systems; and (5) place net sensors
on midwater trawl gear. None of these five research activities require
exemptions from the Herring FMP regulations, though exemptions from
area catch limits and closures are required as discussed below. Through
the specifications-setting process, the Herring FMP established sub-
ACLs, and set RSA equal to 3 percent of each sub-ACL. For 2014 and
2015, the RSA allocations are: Area 1A--936 mt; Area 1B--138 mt; Area
2--900 mt; and Area 3--1260 mt. As such, the 2013-2015 Herring FMP
specifications analyzed the RSA allocations as part of the sub-ACLs and
overall herring fishing activity.
To facilitate the harvest of their RSA quota award and fund this
project, SMAST submitted a complete application for an EFP on January
10, 2014, to conduct commercial fishing activities that the regulations
would otherwise restrict. SMAST has requested that vessels be
authorized to harvest herring RSA quota after a herring management area
quota has been caught and the fishery is limited to 2,000 lb (0.91 mt)
per trip, and allow vessels to harvest RSA quota in Management Areas 1A
and 1B between January through May, and January through April,
respectively, when the areas are closed to commercial harvest. SMAST
also requested exemption from the river herring/shad catch cap, which
is under development as part of Framework 3 to the FMP, and
authorization to carryover unharvested RSA quota into future years.
Through correspondence leading up to the submission of the EFP
application, SMAST was notified that RSA vessels are typically
authorized to fish during directed fishery closures and in excess of
possession limits. Consequently, their requested exemption from area
quota closures and the Area 1A and 1B seasonal sub-ACLs was likely.
However, their requested exemption from the river herring/shad catch
cap and authorization to carryover unharvested RSA quota are not
possible. The review of Framework 3 is ongoing, and the regulations
that would establish the river herring/shad catch cap do not yet exist.
In addition, should the cap be implemented, the Council did not reserve
river herring/shad catch for RSA quota harvest. Authorizing vessels to
harvest RSA quota after the river herring/shad cap has been attained
would likely cause the river herring/shad cap to be exceeded, which
would be contrary to experimental fishing regulations at 50 CFR 618.12,
which stipulate that an EFP cannot be issued if it would cause a quota
to be exceeded. Additionally, the Council did not include the RSA
program under the carryover provision that was established for the
commercial fishery under Framework Adjustment 2 to the FMP, and herring
regulations at 50 CFR 648.207(e) require RSA to be used in the same
fishing year in which it is distributed.
NMFS has preliminarily determined that the SMAST application
contains all of the required information. Except as noted above, NMFS
has preliminarily determined that the purpose, design and
administration of the exemption is consistent with the Herring FMP's
management objectives, the MSA, and other applicable law. Further,
subject to the conditions noted below, granting the exemption is not
expected to have a detrimental effect on the fishery resources, cause
any quota to be exceeded, or create any significant enforcement
problems. Therefore, the application warrants further consideration.
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 16776]]
Dated: March 21, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-06638 Filed 3-25-14; 8:45 am]
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