[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17822-17823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8906]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO37


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; receipt of exempted fishing permit application.

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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. The Assistant Regional Administrator 
has also made a preliminary determination that the activities 
authorized under the EFP would be consistent with the goals and 
objectives of the Northeast (NE) Multispecies Fishery Management Plan 
(FMP). 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 
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.

[[Page 17823]]

    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: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, 55 Great 
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on the Massachusetts Haddock Trawl 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: Allison Murphy, Fishery Management 
Specialist, (978) 281-9122, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: A complete application for an EFP was 
submitted on February 27, 2009, by David Chosid and Michael Pol of the 
Massachusetts Division of Marine Fisheries (DMF). The project was 
funded by the DMF/University of Massachusetts, Dartmouth, School for 
Marine Science and Technology, Marine Fisheries Institute grant 
program. The primary goal of the research is to test the effectiveness 
of a sweepless (no ground gear) raised footrope, semi-pelagic trawl, 
referred to as the ``5-point trawl'' net. This net was designed to 
minimize the catch of Atlantic cod while maximizing the catch of 
haddock. The intent of the researchers is that the experimental net, if 
successful, could potentially be an acceptable alternative trawl design 
to be used in the groundfish fishery.
    The project is a continuation of research previously conducted in 
2006 and 2007 by DMF, which has preliminarily shown that this new trawl 
net design significantly reduces the bycatch of cod, as compared to the 
standard trawl used. The experimental net was designed to exploit the 
differences in behavior of haddock and cod in relation to towed gears. 
Similar to the haddock separator trawl, this experimental net proposes 
to reduce cod mortality; however, it avoids some of the complexities 
associated with separator trawls, since, under the experimental net, 
the cod would not pass through meshes, or encounter grids or escape 
vents. Although this study would focus on reducing cod-haddock 
interactions, this net may also reduce the bycatch of flatfish species 
such as winter flounder, yellowtail flounder, witch flounder, and 
American plaice.
    All fish would be sorted and weighed, and fish of legal size would 
be retained for sale. All discards would be released as quickly as 
practicable to reduce incidental mortality. Exemptions from the NE 
multispecies possession limits at 50 CFR 648.86, the U.S. Canada 
Management Area harvest control regulations at Sec.  648.85(a)(3)(iv), 
the U.S./Canada Management Area gear requirements for trawl nets at 
Sec.  648.85(a)(3)(iii), and the Eastern U.S./Canada Area May 1- July 
31 seasonal trawl gear prohibition specified under the Regional 
Administrator's authority, are necessary because valid testing of the 
experimental nets would require continued sampling after daily and 
overall trip limits have been reached for certain species in order to 
obtain adequate replicates for analysis. The participating vessel would 
be subject to any U.S./Canada Management Area Closures or possession 
prohibitions due to the achievement of a cod, haddock, or yellowtail 
flounder Total Allowable Catch (TAC). Based on catch data from previous 
experimental tows with this net design, the researchers anticipate that 
a total of 24.2 mt of fish would be harvested throughout the course of 
the study. All proceeds from the sale of the fish would be returned to 
DMF for the purpose of enhancing future research. Following is the 
total estimated catch and discards by species: Cod, 3.20 mt; haddock, 
1.60 mt; pollock, 0.00 mt; witch flounder, 0.10 mt; yellowtail 
flounder, 0.40 mt; winter flounder, 2.00 mt; American plaice, 0.40 mt; 
monkfish, 0.90 mt; spiny dogfish, 1.20 mt; skates, 8.80 mt; American 
lobster, 0.60 mt; and other discards, 5.00 mt.
    All at-sea research would be conducted from one fishing vessel, 
which intends to fish in the Eastern U.S./Canada Haddock Special Access 
Program (SAP). A total of 7 days would be used for testing the 
experimental trawl. An anticipated 84 1-hour tows would be conducted 
during that time. DMF staff would be aboard the vessel at all times 
during testing.
    Based on preliminary review of this project, and in accordance with 
NOAA Administrative Order 216-6, a Categorical Exclusion from 
requirements to prepare either an Environmental Impact Statement or an 
Environmental Assessment under the National Environmental Policy Act 
appears to be justified. 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.

    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. E9-8906 Filed 4-16-09; 8:45 am]
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