[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Notices]
[Pages 19526-19527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9816]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO60


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: Notification of a proposal to conduct exempted fishing; 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 the subject exempted fishing 
permit (EFP) application submitted by Coonamessett Farm, which would 
exempt Atlantic sea scallop (scallop) vessels participating in a 
modified scallop dredge twine top

[[Page 19527]]

(twine top) study from minimum twine top mesh sizes, Closed Area I 
Access Area (CAI) and Closed Area II Access Area (CAII) scallop vessel 
trip restrictions, and fish possession restrictions, should be issued 
for public comment. Although the Assistant Regional Administrator has 
not made a preliminary determination that the activities authorized 
under the EFP would be consistent with the goals and objectives of the 
Atlantic Sea Scallop Fishery Management Plan (FMP), NMFS seeks public 
comment on the exemptions the EFP is requesting. Further review and 
consultation may be necessary before a final determination is made.

DATES: Comments must be received on or before May 14, 2009.

ADDRESSES: Comments may be submitted by e-mail to [email protected]. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on dredge twine top EFP.'' 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 dredge twine 
top EFP.'' Comments may also be sent via facsimile (fax) to (978) 281-
9135.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fisheries Management 
Specialist, phone: 978-281-9221, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: Coonamessett Farm submitted this EFP 
application for research activities that would assess a modified 
scallop dredge twine top (twine top) designed to reduce finfish bycatch 
while improving the retention of scallops. The subject EFP would exempt 
vessels from the following regulations: Ten-inch (25.4-cm) minimum 
twine top mesh size specified at 50 CFR 648.51(b)(2); CAI and CA II 
scallop vessel trip restrictions specified at Sec.  648.81(a)(1)(vi) 
and (b)(1)(v); and exemptions from scallop, Northeast multispecies, 
monkfish, summer flounder, black sea bass, scup, spiny dogfish, and 
skate possession restrictions specified throughout 50 CFR part 648.
    The applicant states that previous twine top selectivity research 
found that the aft portion of the twine top is where most scallop 
escapement occurs, and the forward portion of the twine top is where 
most finfish escapement occurs. The applicant postulates, that by 
decreasing the mesh size to 6 inches (15.2 cm) in the aft portion of 
the twine top while increasing the mesh size to 12 in (30.5 cm) in the 
forward portion of the twine top, both scallop retention and finfish 
escapement would increase. The experimental twine top would also have a 
lower hanging ratio than that of a traditionally hung twine top, with 
the hypothesis that this may further reduce finfish bycatch.
    The applicant states that, to effectively test the modified twine 
top, field trials must occur in areas of high finfish bycatch such as 
those found in the scallop Access Areas CAI and CAII. However, the CAI 
Access Area is closed to scallop fishing for the 2009 fishing year 
(March 1, 2009--February 28, 2010). The applicant requests up to three 
7-day trips between May and June of 2009, in the Access Areas CAI and/
or CAII, when the access areas are closed to scallop fishing. On these 
trips, the applicant would compare identical dredge frames fitted with 
a standard twine top and a modified twine top. All scallops and finfish 
caught during these trips would be processed to obtain morphological 
data and then returned to the sea as soon as possible.
    In addition to testing the twine top in CAI and CAII, the applicant 
requests authorization to test the modified twine top on up to three 
fishing trips to the Delmarva Scallop Access Area (DELMARVA) and/or 
Elephant Trunk Access Area (ETAA). Both the DELMARVA and ETAA are open 
to scallop fishing in the 2009 fishing year.
    Exemption from scallop, Northeast multispecies, monkfish, summer 
flounder, black sea bass, scup, spiny dogfish, and skate possession 
restrictions would authorize project investigators to temporarily 
possess finfish for scientific data collection purposes prior to 
returning all finfish to the sea.
    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. The applicant may place requests for 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 minimal 
so as not to change the scope or impact of the initially approved EFP 
request.

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

    Dated: April 24, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-9816 Filed 4-28-09; 8:45 am]
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