[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Notices]
[Pages 12707-12708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4645]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF69


Magnuson-Stevens 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.

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

SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that the subject 
Exempted Fishing Permit (EFP) application from the Gulf of Maine 
Research Institute (GMRI) that would exempt Atlantic herring (herring) 
vessels from the Management Area 1A (Area 1A) herring trawl gear 
restriction period contains all the required information and warrants 
further consideration. The Regional Administrator has also made a 
preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of the Atlantic 
Herring Fishery Management Plan (FMP). However, further review and 
consultation may be necessary before a final determination is made.

DATES: Comments on this document must be received on or before March 
25, 2008.

ADDRESSES: Comments may be submitted by e-mail. The mailbox address for 
providing e-mail comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
``Comments on GMRI herring EFP.'' Written comments should be sent to 
Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional 
Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope, ``Comments on GMRI herring EFP.'' Comments may also be 
sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research 
Program Specialist, phone: 978-281-9326, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: 
    Pending final approval by NOAA's Grants Management Division, the 
Science Director for NMFS's Northeast Fisheries Science Center has 
preliminarily selected an Atlantic Herring Research Set Aside (RSA) 
proposal submitted by GMRI to conduct a study entitled: ``Effects of 
Fishing on Herring Aggregations,'' which would assess the effects of 
midwater trawling on herring aggregations. GMRI proposes to survey a 
herring aggregation using acoustic sonar prior to, during, and 
following trawl fishing pressure. Due to concern that other fishing 
vessels, particularly other herring midwater trawl vessels, fishing in 
the study area could interfere with the survey, GMRI submitted an EFP 
application to conduct its research during the herring midwater trawl 
gear restriction period, as specified at 50 CFR 648.202(a) and detailed 
below, thereby ensuring midwater trawl vessels will not be fishing in 
the study area.
    Amendment 1 to the FMP implemented a provision that vessels fishing 
for herring may not use, deploy, or fish with midwater trawl gear in 
Area 1A from June 1 through September 30. This measure was implemented 
due to concern about the potential impacts of midwater trawl fishing on 
the inshore Gulf of Maine (GOM) herring resource and other bycatch 
species. These concerns relate primarily to the importance of herring 
as a forage species for other fish, marine mammals, and seabirds, and 
the localized impact that midwater trawl fishing effort may have on 
schools of herring in nearshore areas. Additional concern was expressed 
by purse seine and weir fishers that midwater trawl gear may disperse 
herring schools and prevent herring schools from coming inshore, 
thereby limiting fishing opportunities for these respective gear types. 
Finally, data suggest there may be differences in the species 
composition of bycatch and mortality of bycatch between purse seine and 
midwater trawl gear. Therefore, restricting midwater trawl gear in Area 
1A from June through October is intended to: (1) Increase herring 
availability as forage for various fish, marine mammal, and seabird 
species; (2) improve fishing opportunities for purse seine and weir 
fishers; and (3) reduce bycatch and bycatch mortality resulting from 
midwater trawling in Area 1A. Technical reviewers and panelists for

[[Page 12708]]

the 2008/2009 Herring RSA Program noted that the proposed research 
would provide important information that would improve the 
understanding of midwater trawling effects on herring aggregations.
    GMRI requests that a single vessel or paired vessels perform, under 
sonar surveillance, midwater trawling for up to four nights using 
standard midwater trawl gear in Area 1A between June 1 and September 
30, 2008. Vessels would conduct five or fewer tows per night, with each 
tow lasting 2 to 4 hr. All trawling operations would be monitored by 
GMRI staff. All herring caught during the survey would be deducted from 
GMRI's Area 1A Herring RSA Program compensation allocation of 1,350 mt. 
Vessels conducting the survey would not be allowed to exceed their Area 
1A compensation allocation while fishing under the EFP. Project 
investigators propose that sonar data prior to, during, and following 
trawl fishing pressure will illuminate the effect of midwater trawling 
on herring aggregations.
    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. The applicant may place requests for 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 minimal 
so as not to change the scope or impact of the initially approved EFP 
request.

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

    Dated: March 5, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-4645 Filed 3-7-08; 8:45 am]
BILLING CODE 3510-22-S