[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Page 19202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9646]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-X081


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. This EFP would allow two commercial fishing 
vessels to temporarily retain undersize fish and fish in excess of 
possession limits for the purpose of data collection in support of 
research conducted by the Gulf of Maine Research Institute (GMRI). 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 Summer Flounder, Scup, and Black Sea 
Bass Fishery Management Plan (FMP). 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.
    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 13, 2009.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on GMRI TED EFP.''
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE 
Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark 
the outside of the envelope ``Comments on GMRI TED EFP.''
     Fax: (978) 281-9135.

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

SUPPLEMENTARY INFORMATION: GMRI was selected by the NOAA Protected 
Species Branch to conduct a study titled, ``Study Comparison in 
Flounder Trawl Gear.'' The objective of this project is to test and 
compare the catch performance of a trawl net fitted with a NMFS turtle 
excluder device (TED) with a leatherback sea turtle opening to an 
identical net without a TED or opening in the summer flounder fishery. 
This objective would be accomplished by documenting catch rates of 
summer flounder and other finfish bycatch between the two trawl gear 
types and examining the effects of these gear types on summer flounder 
length frequencies.
    GMRI proposes to employ two commercial vessels that operate in the 
summer flounder fishery to conduct this research. Investigators propose 
to conduct approximately six 90-minute tows per day for 16 days, for a 
total of 96 tows, during May -- June 2009. The location would be 
performed in the Mid-Atlantic region, specifically the summer flounder 
fishing grounds off Delmarva and New Jersey north of the Summer 
Flounder Fishery Sea Turtle Protection Area. Investigators would weigh 
and measure all summer flounder and finfish bycatch collected in each 
tow and return everything but legal-sized summer flounder within 
regulated possession limits to the sea as quickly as possible. All 
legal catch would be sold.
    GMRI submitted a complete EFP application on April 13, 2009, 
requesting exemption from minimum fish size and possession limit 
regulations for the purpose of data collection prior to discard. 
Undersize fish and fish above the vessel's possession limit would be 
returned to the sea as quickly as possible to minimize discard 
mortality. All other elements of these fishing trips would comply with 
fishing regulations.
    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 22, 2009.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-9646 Filed 4-27-09; 8:45 am]
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