[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17821-17822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8887]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO34


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 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 Monkfish 
Fishery Management Plan (FMP). However, further review and consultation 
may be necessary before a final determination is made to

[[Page 17822]]

issue an EFP. Therefore, NMFS announces that the Assistant Regional 
Administrator proposes to recommend that an EFP be issued that would 
allow 24 commercial fishing vessels to conduct research and 
compensation fishing operations that are otherwise restricted by the 
regulations governing the fisheries of the Northeastern United States. 
This EFP, which would enable vessels to harvest monkfish granted 
through the Monkfish Research Set-Aside (RSA) Program, would grant 
exemptions from the monkfish days-at-sea (DAS) possession limits in the 
Southern (SFMA) and Northern (NFMA) Fishery Management Areas, as well 
as exempt vessels from monkfish minimum size limits for on-board 
tagging purposes only.
    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 4, 2009.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on Monkfish Tagging 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 monkfish tagging EFP, DA9-072.''
     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 
March 5, 2009, for a project selected under the New England and Mid-
Atlantic Fishery Management Councils' Monkfish RSA Program. The 
specific goals of the project are to determine monkfish movement 
patterns and compare 2009 migratory patterns to those observed in 2007. 
This EFP would grant an exemption from monkfish possession limits to 24 
vessels for the purpose of harvesting RSA to fund this research project 
(i.e. compensation fishing). Funds generated by the compensation 
fishing will be used to pay for laboratory equipment, as well as 
salaries and stipends for principal investigators. This EFP would also 
exempt vessels from the monkfish minimum size restrictions for the 
purpose of tagging monkfish during compensation fishing activities. No 
undersized monkfish would be landed for sale.
    Fishing would occur in the NFMA in statistical areas 513 and 514. 
In the SFMA, research would occur in statistical areas 536, 537, 612, 
613, 614, 615, 645, and 631. These statistical areas break down into 
five study regions: The NFMA; northeast SFMA; offshore SFMA; central 
SFMA; and southern SFMA. Standard commercial gillnet net gear would be 
used following normal commercial operating procedures. The total number 
of days fishing will not exceed 141. The total number of hauls per day 
will be four, with a total of 50 nets per vessel, and a soak time of 24 
to 72 hours. Researchers will tag 1,000 monkfish using T-bar tags in 
each of the five regions, for a total of 5,000 tagged individuals. In 
order to possess undersized monkfish on board vessels for the purpose 
of tagging, this research activity requires an exemption from monkfish 
minimum size limits at 50 CFR 648.93. No fish below minimum size would 
be landed for sale. Compensation fishing would occur May 2009 through 
April 2010, with tagging conducted in May through June 2009, except in 
the southern region of the SFMA, where tagging would be conducted in 
March through April 2010.
    The 24 fishing industry collaborators would have access to 141 
monkfish DAS that have been preliminarily awarded to the project 
through the Monkfish RSA Program. The applicant states that these 
vessels must be able to land at least 3,000 lb (1,361 kg) of whole 
monkfish (904 lb (410 kg) tail weight) per trip to achieve the goal of 
$2,800 per RSA DAS. In order to achieve this target catch, these 
fishing activities would require an exemption from monkfish DAS 
possession limits at Sec.  648.94(b)(2). This exemption would provide 
these 24 vessels with the flexibility they need to generate sufficient 
income to meet projected costs of the research activity, while 
minimizing operating expenses. Based on the preliminary award of 141 
DAS, this would require a total catch of 423,000 lb (191,870 kg) of 
whole monkfish (127,410 lb (57,792 kg) tail weight). Operating under 
this total landings cap, compensation fishing would continue until the 
required goal of 423,000 lb (191,870 kg) of whole monkfish is met, or 
until the awarded DAS have been fully utilized, whichever occurs first.
    Aside from these exemptions, fishing activity will be conducted 
under normal commercial practices.
    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. If the research project 
is terminated for any reason prior to completion, any unused funds 
collected from catch sold to pay for research expenses may be refunded 
to NOAA.

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

    Dated: April 13, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-8887 Filed 4-16-09; 8:45 am]
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