[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38987-38988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15375]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI83


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 an Exempted Fishing Permit 
(EFP) application submitted by the University of New England (UNE) and 
the New England Aquarium (NEA) contains all of the required information 
and warrants further consideration. The Assistant Regional 
Administrator has made a preliminary determination that the activities 
authorized under this EFP would be consistent with the goals and 
objectives of the Northeast (NE) Skate Complex and NE Multispecies 
Fishery Management Plans (FMPs). However, further review and 
consultation may be necessary before a final determination is made to 
issue an EFP. Therefore, NMFS announces that the Assistant Regional 
Administrator proposes to recommend that an EFP be issued that would 
allow two commercial fishing vessels to conduct fishing operations that 
are otherwise restricted by the regulations governing the fisheries of 
the Northeastern United States. This EFP, which would enable 
researchers to study the immediate and short-term post-release 
mortality of skates, would grant exemptions from the regulations as 
follows: Retaining, possessing, or landing prohibited skate species, 
and skate possession limits for sampling purposes.
    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 23, 2008.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on UNE/NEA skate bycatch mortality EFP.''
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE 
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope ``Comments on UNE/NEA skate bycatch mortality 
EFP, DA8-145.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on 
June 12, 2008, by Dr. James Sulikowski, from the Marine Science Center 
of UNE, for a project funded by the NOAA Saltonstall-Kennedy Grant 
Program. The primary goal of this project is to provide data to 
determine the immediate and short-term survivability of winter, smooth, 
little, and thorny skates. This research could provide valuable 
information for future skate management objectives. Results will be 
provided to the Northeast Fisheries Science Center and the New England 
Fishery Management Council. Researchers will also disseminate

[[Page 38988]]

results to a public audience at the NEA to increase awareness of skate 
conservation.
    Since the stocks of these species are at or near overfished biomass 
thresholds, and winter and little skates are subject to directed 
fisheries, research on bycatch mortality of these species is needed. In 
order to conduct this research, the principal investigators have 
requested an exemption from possessing and handling prohibited skate 
species. Additionally, an exemption from skate possession restrictions 
would authorize project investigators to temporarily possess fish for 
scientific data collection purposes prior to returning all fish to the 
sea.
    Two vessels would each conduct 50 trips in conjunction with 
commercial days-at-sea (DAS) trips, with one vessel fishing with 
commercial otter trawl gear and the other fishing with commercial 
gillnets. Both vessels would use standard commercial gear. Tows would 
vary in time among 30, 60, and 120 minutes to account for variations in 
tow duration that occur under normal fishing conditions. Gillnet soak 
times would vary but not exceed 24 hr. Two fishing trials would be 
conducted. The first would occur from September through November 2008. 
The second would occur from March through May 2009. Research would 
occur in the inshore and offshore waters off of New Hampshire and 
southern Massachusetts. These areas support the vast majority of skate 
landings that can also be accessed during normal fishing operations. 
All fishing would occur as day trips, and no fishing would occur in 
closed areas or during rolling closures. Only winter, thorny, smooth 
and little skates would be used for scientific research purposes. 
Northeast multispecies would be landed and sold, up to the current DAS 
possession limits.
    The researchers propose fishing a total of 100 sea days; 50 days 
fishing with gillnet gear and 50 fishing with trawl gear. In other 
words, each vessel would fish for 25 days during each of the 2 trials 
(fall and spring). The objective is to assess at least 300 specimens of 
each of the 4 skate species per season, for a total 1,200 specimens per 
season, and 2,400 specimens for the entire project. The researchers 
plan to stagger trials in order to both deploy and retrieve pens on a 
given day, thus maximizing the number of trials that can be conducted 
in the proposed number of sea days.
    In order to identify possible influences on discard mortality, the 
following variables would be recorded: Deck-time, season (fall, 
spring), depth of fishing, air and bottom seawater temperatures, 
estimated weight of catch, the total length and gender of skates, and 
handling techniques (e.g., picked or not picked; duration of deck 
exposure). When catch is hauled aboard, all skates would be tagged with 
spaghetti tags. Skates would either be immediately placed into a live 
well by one of the handling methods (without a pick or with a pick) or 
remain on the deck for 15 and 30 minutes before being transferred to 
live wells. While in the wells, specimens would be visually assessed. 
Any specimens that die prior to placement within a net pen would be 
placed on ice for subsequent necropsy.
    Viable skates would be placed in experimental holding pens to be 
submerged and deployed to the seafloor for 72-hour trials. A total of 8 
net pens would be used, with 20 to 40 skates in each pen. The modified 
basic shape would form a three-dimensional hexagon with each of the six 
rectangular sides measuring 5 ft (height) x 6 ft (length). Two PVC 
skeletons would be used for the bottom and top of each pen. Six 
vertical sections 5 feet in height would support the structure. The 
netting covering the pen would consist of 3 or 4-inch diamond mesh 
tetra twine. The base of each pen would be filled and weighted down 
with a heavy composite and would be affixed to the seafloor by 2 or 3 
40-pound mushroom anchors to reduce the likelihood of pen rollover. 
Pens would be maneuvered in the water column using bridles secured to 
whale-safe swivels connected to a main tag line. Each pen would be 
marked at the surface with a highflyer and buoy.
    In order to conduct control trials, UNE proposes to capture a few 
skates by handlines. If it proves to be unfeasible to capture enough 
skates by this method to make a statistically robust number of trials, 
vessels would conduct abbreviated trawls (e.g., 5-minute tows) to 
obtain minimally stressed controls.
    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.

    Dated: July 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-15375 Filed 7-7-08; 8:45 am]
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