[Federal Register Volume 73, Number 127 (Tuesday, July 1, 2008)]
[Notices]
[Pages 37412-37414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14834]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI74


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 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 
bycatch variability of different groundfish trawl codend configurations 
with a small mesh cover, would allow for exemptions for one vessel from 
the Northeast (NE) Multispecies and Monkfish Fishery Management 
Programs, as follows: NE multispecies Gulf of Maine (GOM) minimum mesh 
size. The EFP would also allow temporary exemptions from the following 
regulations, per the stipulations detailed in this document: NE 
multispecies minimum fish sizes; NE multispecies possession 
restrictions; monkfish minimum fish sizes; and monkfish possession 
restrictions.
    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 July 16, 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

[[Page 37413]]

of the envelope ``Comments on the Codend Small-Mesh 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: A complete application for an EFP for this 
project was submitted on June 3, 2008, by Steve Eayrs of the Gulf of 
Maine Research Institute (GMRI) for the F/V Skipper (Permit 
250573). This project is funded by Jane's Trust and the Maine 
(ME) Sea Grant Program.
    The primary goal of this EFP is to determine the optimal trawl 
configuration to reduce undersized bycatch. At present, fishermen from 
the Port Clyde Draggermen's Association (PCDA) voluntarily remove the 
chafing net from their groundfish trawls in the belief that the chafing 
net masks codend meshes and increases the retention of undersized 
bycatch. This EFP will help quantify the effectiveness of this 
modification for three common codend mesh sizes: 6.5-inch (16.5-cm) 
square; 6.5-inch (16.5-cm) diamond; and 7-inch (17.8-cm) diamond mesh.
    This EFP would be issued to GMRI and Captain Glen Libby of the F/V 
Skipper to conduct 15 at-sea days of experimental fishing in an area 
north of the Cashes Ledge Habitat Closure Area and east of the 
Jeffery's Bank Habitat Closure Area (see Table 1). Fishing would not 
overlap with any GOM Rolling Closures. As a condition of this EFP, this 
vessel would complete no more than 78 tows, fishing 6 tows per day, 
each 1 hour in duration. Each tow would test one of the four possible 
trawl configurations: 6.5-inch (16.5-cm) diamond, with and without 
chafing gear; 6.5-inch (16.5-cm) square, without chafing gear; and 7-
inch (17.8-cm) diamond, without chafing gear. A small-mesh 1.75 to 
2.25-inch (4.4 to 5.7-cm) cover would be installed around the codend of 
each of these nets, supported by a hoop to prevent direct masking of 
the codend meshes. This small-mesh cover would provide information to 
determine which mesh configuration effects the greatest reduction in 
undersized bycatch.

Table 1: Corner Coordinates for Experimental Fishing Area by F/V Skipper
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         Point                   Latitude                Longitude
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1                        44[deg]00' N             68[deg]50' W
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2                        44[deg]00' N             69[deg]40' W
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3                        43[deg]20' N             69[deg]40' W
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4                        43[deg]20' N             68[deg]50' W
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5                        44[deg]00' N             68[deg]50' W
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    The data collection would include 48 complete tows, with additional 
tows (not to exceed 30), during which a camera would be installed to 
observe codend geometry and fish behavior. The camera system could 
upset the geometry and performance of the codend, so the researchers 
opted not to install the camera during any of the primary tows. The 
additional 7 days and 30 tows for camera work would also allow 
flexibility for any potential gear, weather, or other unforeseen 
problems during the first 8 days of testing. The researchers intend to 
complete this project before October 1, 2008.
    The applicants have asked for an exemption from the minimum GOM 
regulated mesh size specified at 50 CFR 648.80(a)(3)(i), so that they 
may install a small-mesh cover net around the codend to sample the 
variability in bycatch released from each of the four codend 
configurations. The applicants have also asked for temporary exemptions 
from the following regulations: NE multispecies minimum fish sizes 
(Sec.  648.83); NE multispecies possession restrictions (Sec.  648.86), 
monkfish minimum fish sizes(Sec.  648.93); and monkfish possession 
restrictions (Sec.  648.94). These exemptions are necessary to allow 
sampling of undersized fish and fish in excess of the possession limit; 
however, these exemptions would not permit the landing of fish outside 
of regular A days-at-sea (DAS) possession limits. These exemptions are 
only for the time period when trained technicians or crew are 
measuring, weighing, or sampling fish that would otherwise be 
immediately discarded.
    During the 15 at-sea days of comparative fishing trials, the F/V 
Skipper would use A DAS and would be subject to all day and trip 
possession limits, with the exemptions listed above. All fish caught 
would be weighed, and as many fish as possible would be measured. As a 
condition of this EFP, all undersized fish or fish that cannot legally 
be landed (e.g., in excess of possession limits) 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 
19,500 lb (8,845 kg), and an additional 6,283 lb (2,850 kg) of 
discards. The estimated GOM cod catch per day for the proposed number 
of DAS during this EFP would be 27 percent of the current daily 
possession limit of 800 lb (363 kg). All legal-sized fish, within the 
possession limit, would be sold.

        Table 2: Estimated Catch and Discards by Species lb (kg)
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        Species                  Harvest                 Discards
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Haddock                  3,250(1,474)             1,083(491)
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Cod                      3,250(1,474)             1,083(491)
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Grey Sole                3,250(1,474)             1,083(491)
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American Plaice          3,250(1,474)             1,083(491)
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Monkfish                 3,250(1,474)             1,083(491)
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Pollock                  1,300(590)               433(196)
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Hake & other             1,950(885)               650(295)
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Skate sp.                0                        1,300(590)
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Dogfish                  0                        1,300(590)
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Undersized and           0                        2,600(1,179)
 unregulated sp.
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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 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 the public comment period.

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


[[Page 37414]]


    Dated: June 25, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-14834 Filed 6-30-08; 8:45 am]
BILLING CODE 3510-22-S