[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Notices]
[Pages 24951-24952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9967]



[[Page 24951]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH72


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, Northeast Region, NMFS (Assistant Regional Administrator) 
has made a preliminary determination that the subject exempted fishing 
permit (EFP) application contains all the required information and 
warrants further consideration. Therefore, NMFS announces that the 
Assistant Regional Administrator proposes to recommend that an EFP be 
issued that would allow one commercial fishing vessel to conduct 
fishing operations that are otherwise restricted by the regulations 
governing the fisheries of the Northeastern United States. The EFP, 
which would enable the applicants to investigate the feasibility of 
using a trawl net with buoyant ground cables and a buoyant sweep to 
reduce seabed contact and improve species selectivity, would allow for 
exemptions for one vessel from the Northeast Multispecies Fishery 
Management Program as follows: Gulf of Maine (GOM) Rolling Closure 
Areas II, III, and IV.
    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 May 21, 2008.

ADDRESSES: 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 the Buoyant Ground Cables Study.'' Comments may also be 
sent via facsimile (fax) to (978) 281-9135, or submitted via e-mail to 
the following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Edward Stern, Fishery Management 
Specialist, (978) 281-9177, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: An EFP application for this project was 
submitted on March 6, 2008, by Kelo Pinkham of the F/V JEANNE C (Permit 
230524). The project, which extends previous work conducted by 
the applicants, has been refined since originally receiving a 
development grant in 2003 and included both flume tank trials and at-
sea trials. An EFP issued in 2006, for calendar year 2007, authorized a 
total of 25 days of sampling for two vessels. An experimental otter 
trawl net, with floats incorporated along both the ground cables and 
the sweep, as well as drop chains integrated along the sweep, was 
constructed and flume tank tested in 2007. One vessel, the F/V OCEAN 
REPORTER (Permit 221596), completed 5 days of research in 
2007. Due to unexpected research difficulties, the F/V JEANNE C only 
completed 5 out of the additional 20 research days remaining. To 
complete this research project, Kelo Pinkham of the F/V JEANNE C 
submitted a second EFP application after the first EFP's expiry on 
December 1, 2007.
    This is a joint project with Dana Morse of Maine Sea Grant and is 
funded by the Northeast Consortium (NEC). The primary goal of the 
research is to develop and test a trawl net with buoyant ground cables 
and a buoyant sweep to reduce seabed contact and increase species 
selectivity. The intent of the applicant is that the experimental net, 
if successful, could potentially be suitable for fishing in areas 
requiring a haddock separator trawl and/or fishing in areas of hard 
bottom with the use of mid-water doors.
    This EFP would be issued to the F/V JEANNE C to conduct 15 at-sea 
days of experimental fishing in an area northeast of the Western GOM 
Closure Area and northwest of the Cashes Ledge Closure Area (see Table 
1). All fishing would be conducted outside of the Western GOM Closure 
Area and the Cashes Ledge Closure Area. This vessel is expected to make 
a total of 60 tows, fishing 4 tows per day, each of 2 hours in 
duration. Two of the tows per day would be fished with standard gear, 
and two would be fished with modified gear. Researchers intend to 
complete this project within 1 year of the date of issuance.

 Table 1: Corner Coordinates for Experimental Fishing Area by F/V JEANNE
                                    C
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         Point                   Latitude                Longitude
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1                        43[deg]40' N             69[deg]00' W
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2                        43[deg]40' N             70[deg]00' W
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3                        43[deg]20' N             69[deg]00' W
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4                        43[deg]20' N             70[deg]00' W
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5                        43[deg]40' N             69[deg]00' W
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    The applicants have asked for an exemption to the regulations at 50 
CFR 648.81(f)(1)(ii) through (iv), i.e., GOM Rolling Closure Areas II, 
III, and IV, respectively, due to a belief that there will be a better 
mixture of flounders, pollock, haddock, and cod present in the waters 
of the western GOM during these seasonal closures for testing the 
experimental gear.
    During the 15 at-sea days of comparative fishing trials, the F/V 
JEANNE C would use A days-at-sea (DAS) and would be subject to all day 
and trip possession limits. All fish caught would be weighed and as 
many fish as possible would be measured. All undersized fish or fish 
that cannot legally be caught would be returned to the sea as quickly 
as practicable after measurement. The overall catch estimates expected 
for the remainder of this project under this EFP can be found in Table 
2. The applicants anticipate a total harvest of 20,700 lb (9,389 kg), 
and an additional 10,100 lb (4,581.4 kg) of discards. The estimated GOM 
cod catch for the proposed number of DAS during this EFP would be 55 
percent of the current daily possession limit of 800 lb (362.9 kg) for 
the proposed number of DAS. All legal-sized fish, within the possession 
limit, would be sold, with the proceeds returned to the NEC for the 
purpose of enhancing future research. The anticipated monkfish harvest 
is purposefully set at the maximum allowed for 15 DAS because the 
experimental trawl is designed to reduce flatfish, not monkfish, catch. 
If the researchers set over an area with monkfish, they do not 
anticipate any significant reductions in monkfish catch between a 
standard trawl and the experimental trawl.

        Table 2: Estimated Catch and Discards by Species lb (kg)
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        Species                  Harvest                 Discards
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Haddock                  6,000 (2,721.6)          600 (272.2)
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Cod                      6,000 (2,721.6)          600 (272.2)
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Monkfish                 4,500 (2,041.2)          900 (408.2)
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Grey Sole                900 (408.2)              100 (45.4)
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Pollock                  600 (272.2)              50 (22.7)
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American Plaice          600 (272.2)              100 (45.4)
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Winter Flounder          300 (136.1)              100 (45.4)
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Redfish                  1,200 (544.3)            300 (136.1)
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Whiting                  300 (136.1)              50 (22.7)
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Hake sp.                 300 (136.1)              100 (45.4)
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Dogfish                  0 (0)                    3,000 (1,360.8)
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Skate sp.                0 (0)                    2,400 (1,088.6)
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Lumpfish                 0 (0)                    600 (272.2)
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Lobster                  0 (0)                    600 (272.2)
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Crab sp.                 0 (0)                    600 (272.2)
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    The applicants may request minor modifications and extensions to 
the EFP throughout the course of research. EFP modifications and 
extensions may be granted without further public notice if they are 
deemed essential to facilitate completion of the proposed research and 
result in only a minimal change in the scope or impacts of the 
initially approved EFP request.
    In accordance with NAO 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 the public comment period.

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

    Dated: May 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-9967 Filed 5-5-08; 8:45 am]
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