[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Notices]
[Pages 15738-15741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6009]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG61


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 15739]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) 
has made a preliminary determination that the subject programmatic 
Exempted Fishing Permit (EFP) application for the Study Fleet Program 
contains all of the required information and warrants further 
consideration. Study Fleet projects are managed by the Northeast 
Fisheries Science Center (NEFSC) and funded under the Northeast 
Cooperative Research Partners Program (NCRPP) contracts and Research 
Set-Aside (RSA) grants to regional institutions. The programmatic EFP 
would grant exemptions from minimum fish size and possession and 
landing limits. However, further review and consultation may be 
necessary before a final determination is made to issue the EFP. 
Therefore, NMFS announces that the Assistant Regional Administrator 
proposes to issue a programmatic EFP that would allow up to 30 vessels 
to conduct fishing operations that are otherwise restricted by the 
regulations governing the fisheries of the Northeastern United States.
    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 9, 2008.

ADDRESSES: Comments on this notice 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 NEFSC Study 
Fleet Programmatic 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 NEFSC Study Fleet Programmatic EFP.'' Comments may also 
be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
phone: 978-281-9218, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: The EFP would programmatically exempt 
federally permitted commercial fishing vessels from the regulations 
detailed below participating in the Study Fleet Program and operating 
under projects managed by the NEFSC and funded by NCRPP contracts and 
Research-Set-Aside (RSA) grants. The programmatic EFP would cover two 
tiers of exemptions. The first tier would exempt vessels operators and 
technicians from minimum size and possession limits for the time it 
takes to weigh and measure fish that would otherwise be discarded. The 
second tier would exempt vessels from minimum size and possession and 
landing limits of otherwise prohibited fish. The programmatic EFP would 
cover the following Study Fleet projects, the vessels associated with 
such projects, and the study fleet technicians and vessel operators:
    (1) NEFSC - NCRPP Groundfish Fleet Northern (three vessels) and 
Southern (two vessels) trawlers, with up to five additional vessels.
    (2) NEFSC - Groundfish/Loligo Fleet (three vessels, up to three 
additional vessels).
    (3) NEFSC - University of Massachusetts School for Marine Science 
and Technology (SMAST) - Cooperative Marine Education and Research 
(CMER) Southern New England (SNE) Yellowtail Flounder Fleet (three 
vessels).
    (4) NEFSC - Gulf of Maine Research Institute (GMRI) - Monkfish 
Fleet (up to five vessels).
    (5) SMAST - Georges Bank (GB) Multispecies Fleet (five vessels).
    A project- and vessel-specific EFP, detailing all vessels involved 
in each the projects, would be granted to each vessel to facilitate 
this research. The EFP would specify under which restrictions and 
exemptions the vessel would be required to operate. The Tier 1 EFP 
would specify that the retention of otherwise prohibited fish is 
temporary only, and fish must be returned to the sea as quickly as 
possible, after weighing and measuring. The Tier 2 EFP would specify 
the limited amounts of otherwise prohibited fish that could be retained 
and landed.
    The following table details the regulations that the participating 
vessels would be exempted from, and the number of at-sea days that 
vessels would be permitted to operate under the exemptions:

----------------------------------------------------------------------------------------------------------------
                                                            Discard
                                               Discard      Sampling    Biological    Biological     Exempted
                                    Sampling at-    at-sea    Sampling at-  Sampling at- Regulations in
      Study Fleet Project       of Vessels     sea days       days       sea days      sea days     50 CFR part
                                             (Technician)    (Crew/    (Technician)     (Crew/          648
                                                            Captain)                   Captain)
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NEFSC/NRCPP Groundfish Fleet     up to 10   100            50         0              March -       Sec.
                                                                                      April        648.83(a)(3)
                                                                                      samples 4-   NE
                                                                                      6 totes      multispecies
                                                                                      whole        minimum size
                                                                                      haddock     Possession
                                                                                                   limits
                                                                                                   Sec.
                                                                                                   648.86(b)
                                                                                                   Atlantic cod
                                                                                                   Sec.
                                                                                                   648.86(c)
                                                                                                   Atlantic
                                                                                                   halibut
                                                                                                   Sec.
                                                                                                   648.86(e)
                                                                                                   White hake
                                                                                                   Sec.
                                                                                                   648.86(g)
                                                                                                   Yellowtail
                                                                                                   flounder
                                                                                                   Sec.
                                                                                                   648.86(j) GB
                                                                                                   winter
                                                                                                   flounder
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NEFSC Groundfish/Loligo         up to 6     60             30         60             0            All of the
                                                                                                   above, plus,
                                                                                                   if during
                                                                                                   closure of
                                                                                                   directed
                                                                                                   fishery, Sec.
                                                                                                     648.22(c)
                                                                                                   Incidental
                                                                                                   possession
                                                                                                   limit of
                                                                                                   Loligo
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NEFSC/SMAST/CMERSNE Yellowtail  3           30             90         30             Monthly       Sec.
 Flounder                                                                             totes at     648.83(a)(3)
                                                                                      least 100    NE
                                                                                      fish each    multispecies
                                                                                                   minimum size
                                                                                                   Sec.
                                                                                                   648.86(g)(1)
                                                                                                   SNE
                                                                                                   Yellowtail
                                                                                                   flounder
                                                                                                   possession
                                                                                                   limit
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[[Page 15740]]

 
NEFSC/GMRI Monkfish             5           80             160        80             0             Sec.   648.93
                                                                                                   Monkfish
                                                                                                   minimum fish
                                                                                                   size
                                                                                                   Sec.   648.94
                                                                                                   Monkfish
                                                                                                   possession
                                                                                                   limit
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SMAST GB Groundfish             5           50             0          50             0            Same as NEFSC/
                                                                                                   NRCPP
                                                                                                   Groundfish
                                                                                                   Fleet Project
----------------------------------------------------------------------------------------------------------------

Tier 1

    The first aspect of the project would temporarily exempt the Study 
Fleet vessels from all minimum size and possession limits for the time 
it takes to measure and weigh otherwise prohibited fish. This exemption 
would allow NEFSC to understand the issues that affect the accuracy of 
estimated discard weights and to improve analyses. The protocol under 
which the NEFSC staff and the vessel operators would conduct these 
measurements is not significantly different than the protocol currently 
used by NMFS-certified observers. Under this protocol, no other change 
to normal commercial fishing operators would occur.
    Initially, NEFSC or partner Study Fleet technicians would be 
onboard the vessels to provide data entry training and to observe and 
report on sorting and discarding practices under normal fishing 
operations. On some subsequent trips, technicians would sort, weigh, 
and measure fish that are to be discarded, in a method that is 
consistent with current NEFSC observer protocols. An exemption is 
required because some discarded species would be on deck slightly 
longer than under normal sorting procedures. The goal is to identify 
sorting routines that would minimally impact the duration of catch 
processing, and technicians would return the fish to the water as soon 
as possible. On other trips, the vessel operators and crew would be 
responsible for sorting, weighing, and measuring the fish that are to 
be discarded from a random number of tows and trips, following the 
established protocol. These crew and operators would be trained in the 
protocol by the NEFSC or partner Study Fleet technicians and would 
return the fish to the water as soon as possible.

Tier 2

    The second aspect of the programmatic EFP for the Study Fleet would 
allow more in-depth biological sampling to occur on various ages of 
fish by exempting vessels from minimum size, possession, and landing 
limits of species of interest. Some of the biological sampling would be 
done by a Study Fleet technician during a trip, as available during 
normal commercial fishingoperations. That is, while a crew member is 
dressing a fish for storage, the Study Fleet technician would collect 
the stomach and gonads of that fish for later research. For this tier, 
vessels would be exempted from minimum size requirements and possession 
and landing limits, as applicable, in very limited circumstances. 
Vessel operators on specified trips, using marked totes, would collect 
fish to be provided to the NEFSC for biological sampling only.
    Project-specific biological sampling to obtain maturity, fecundity, 
age, and growth data would require a separate EFP for possession and 
sampling of species of interest, including undersized individuals, 
possibly in excess of trip limits, where samples may be processed at 
sea or retained for delivery to research facilities on shore by the 
Study Fleet vessels. The current interest in enhanced biological 
sampling is in response to initial Study Fleet goals endorsed by the 
NCRPP and the New England Fishery Management Council's Research 
Steering Committee. The initial biological sampling program and 
protocol development would focus on obtaining haddock and yellowtail 
flounder samples to evaluate maturity and fecundity patterns that may 
be affected by recent strong year classes. Samples of large monkfish, 
large cod, and other species would be used to fill in gaps in port-
based sampling. See below for detailed descriptions of catch estimates 
for each of the five Study Fleet projects. A small number of live fish 
would also be collected to support laboratory studies in survival.
    Sampling would be done by NEFSC or partner Study Fleet technicians 
and by trained crew members. On trips where the technicians would be on 
board, standard NEFSC sampling protocols would be followed. None of the 
landed biological samples from these trips would be sold. On trips 
where technicians would not be on board, select vessel operators or 
crew would separate fish to be sampled by technicians in port. The EFP 
for biological sampling would allow fishermen to retain specified 
amounts of specific species in whole or round weight condition, 
including some undersized individuals, in marked totes, which would be 
delivered to Study Fleet technicians or local NMFS port agents for 
enumeration and measurement. It is anticipated that these whole fish 
may cause a vessel to exceed a regulatory trip limit. The EFP would 
exempt the vessels from the trip limits in limited situations so that 
the vessel is not disadvantaged when collecting biological samples.
    NMFS would receive advance notification of specific plans for 
retention under this EFP. This notification would provide the vessel 
name and vessel operator, the number of marked totes that would be 
delivered, an estimate of the number of undersized individuals that 
would be retained, and an estimated time frame for the sampling trips. 
The amount of fish delivered to the Study Fleet technicians would not 
exceed five totes, or 700 lb (317.51 kg) per trip. Vessels fishing 
under this EFP would be required to call into the Interactive Voice 
Response system to identify the trip, following the standard EFP 
protocol. Each of the biological sampling projects is detailed below. 
Please see the table above for details on the regulations that would be 
exempted.
    The NEFSC Groundfish and Groundfish and Loligo projects would 
involve sampling seven species on a maximum of 20 trips with 
technicians aboard. This sampling would not affect trip limits because 
the undersized fish would be discarded at sea. The estimated maximum 
discard weight of sampled sub-legal fish is 4,000 lb (1,814.37kg) per 
species per trip (100 lengths X 20 trips = 2,000 individuals X mean 
weight of 2 lb (0.91 kg) = 4,000 lb (1,814.37 kg) per species), not to 
exceed 8,000 lb (3628.74 kg) per species per trip if two statistical 
areas are sampled on the same trip.
    Also under the NEFSC Groundfish project, GB haddock maturity and

[[Page 15741]]

fecundity data would be collected. NEFSC is requesting an EFP to 
collect one tote of undersized haddock for sampling. The vessels would 
deliver up to five totes of fish (600 lb, 272.16 kg), four of which 
would contain legal sized fish, and one of which would contain 
undersized fish. The fish would be whole and iced. The total amount of 
GB haddock that would be authorized under this EFP would not exceed 
1,300 lb (589.67 kg). NEFSC staff would meet the captain at the dock to 
collect the fish. None of the fish would be sold.
    The NEFSC/SMAST/CMER SNE Yellowtail Flounder project would obtain 
100 yellowtail flounder per month during the April through August 
spawning period on three vessels, up to 1,500 fish total, followed by 
non-spawning month sampling for 7 months at 25 fish per month per 
vessel, for up to an additional 525 fish. The resulting length 
frequency and maturity sampling would account for approximately 2,025 
undersized yellowtail flounder, or 2,500 lb (1133.98 kg).
    The GMRI Monkfish project would require the biological sampling EFP 
to allow fishermen to retain the entire monkfish catch on the last tow 
for two trips per month for eight months on five vessels, resulting in 
80 separate samples, not to exceed 550 lb (249.48 kg) of monkfish per 
sample. Each sample would be delivered to a GMRI sampler. Legal sized 
fish would be allowed to be sold by the vessel, but undersized fish 
would be retained by GMRI. It is estimated that the amount of 
undersized fish for the 80 samples would not exceed 4,800 lb (2177.24 
kg).
    The SMAST GB Groundfish project is requesting the following under 
the biological sampling EFP: Up to 100 monkfish (750 lb, 340.19 kg) for 
age and growth, not to exceed 20 monkfish (150 lb, 68.04 kg) per trip; 
50 whole skates (150 lb, 68.04 kg), not to exceed 10 (30 lb, 13.61 kg) 
per trip; and, 10 cod (100 lb, 45.36 kg), not to exceed 2 (20 lb, 9.07 
kg) per trip. In addition, 100 lengths of kept fish and 100 lengths of 
discarded fish of each of the following species would be collected: 
Cod, winter flounder, grey sole, yellowtail flounder, haddock, 
monkfish, and American plaice.
    The applicant may make requests to NMFS for minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted by NMFS without further notice if they are 
deemed essential to facilitate completion of the proposed research and 
result in only a minimal change in the scope or impact of the initially 
approved EFP request. In accordance with NOAA Administrative Order 216-
6, a Categorical Exclusion or other appropriate NEPA document would be 
completed prior to the issuance of the EFP. Further review and 
consultation may be necessary before a final determination is made to 
issue the EFP. After publication of this document in the Federal 
Register, the EFP, if approved, may become effective following a 15-day 
public comment period.

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

    Dated: March 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-6009 Filed 3-24-08; 8:45 am]
BILLING CODE 3510-22-S