[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Notices]
[Pages 20927-20929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO76


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,

[[Page 20928]]

Northeast Region, NMFS, has made a preliminary determination that the 
subject exempted fishing permit (EFP) application contains all the 
required information and warrants further consideration. 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. The EFP, which would enable the applicants to investigate the 
selectivity of different groundfish trawl codend configurations with a 
small-mesh cover, would allow for exemptions for one vessel from the 
Northeast (NE) Multispecies Fishery Management Plan (FMP) as follows: 
NE multispecies Gulf of Maine (GOM) minimum mesh size. In addition, 
this EFP would allow temporary exemptions from the NE Multispecies and 
Monkfish FMPs, per the stipulations detailed in this document, as 
follows: NE multispecies minimum fish sizes; NE multispecies possession 
restrictions; monkfish minimum fish sizes; and monkfish possession 
restrictions.
    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 21, 2009.

ADDRESSES: Comments may be submitted by email to 
[email protected]. 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 Codend Modification Study.'' Comments 
may also be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Melissa Vasquez, Fishery Management 
Specialist, (978) 281-9166, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: A complete application for an EFP for this 
project was submitted on April 6, 2009, by Steve Eayrs of the Gulf of 
Maine Research Institute (GMRI) for the F/V Skipper (Federal permit 
250573). The primary goal of this EFP is to assess the impact 
of codend modification on reducing catches of undersized groundfish and 
non-targeted fish by trawl gear. This project builds on the results of 
an EFP issued for the 2008 fishing year, which tested the efficacy of 
removing chafing nets from codends to reduce undersized bycatch. This 
EFP would compare the catch composition and selectivity of three codend 
configurations to determine which may reduce undersized and non-
commercial catch.
    This EFP would be issued to GMRI and Captain Glen Libby of the F/V 
Skipper to conduct 25 at-sea days of experimental fishing in the GOM 
north of the Cashes Ledge Habitat Closure Area and east of the 
Jeffery's Bank Habitat Closure Area (see Table 1). Fishing would not 
overlap with any GOM Rolling Closure Areas.

         Table 1: Coordinates for the Experimental Fishing Area
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         Point                  Latitude                Longitude
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1                           44[deg]00' N             68[deg]50' W
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2                           44[deg]00' N             69[deg]40' W
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3                           43[deg]20' N             69[deg]40' W
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4                           43[deg]20' N             68[deg]50' W
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    The researchers would conduct sea trials over two 10-day periods in 
June and August 2009. As a condition of the EFP, this vessel would 
complete no more than 150 tows overall or six tows per day. Researchers 
would conduct 1-hour tows using one of three codend configurations: A 
standard 6.5-inch (16.5-cm) diamond-mesh codend, 7-inch (17.8-cm) 
square-mesh codend, and a composite codend with a 6.5-inch (16.5-cm) 
square-mesh upper section and a 6.5-inch (16.5-cm) diamond-mesh lower 
section. Each codend would be tested at least twice each day, for an 
estimated six tows per day and a minimum of 120 total tows. A small-
mesh cover net (~ 2-inch (5.08-cm) mesh size, depending upon 
availability) would be fitted around each codend to retain all fish 
that escape the codend so they may be sampled along with the catch for 
species count, weight, and length. The species composition and 
selectivity of each tow would be compared to determine which codend 
configuration may reduce catch of undersized groundfish and improve 
trawl selectivity. An additional 5 days, with up to 30 additional 1-
hour tows, may be used to film fish interactions with the gears and to 
accommodate for sampling problems.
    The applicants have asked for an exemption from the minimum GOM 
regulated mesh size specified at 50 CFR 648.80(a)(3)(i) so that they 
may install a small-mesh cover net around the codend to sample the 
variability in bycatch released from each of the four codend 
configurations. The applicants have also asked for temporary exemptions 
from the following regulations: NE multispecies minimum fish sizes 
(Sec.  648.83); NE multispecies possession restrictions (Sec.  648.86), 
monkfish minimum fish sizes (Sec.  648.93); and monkfish possession 
restrictions (Sec.  648.94). These exemptions are necessary to allow 
sampling of undersized fish and fish in excess of the possession limit; 
however, these exemptions would not permit the landing of fish outside 
of regular A days-at-sea (DAS) possession limits. These exemptions are 
only for the time period when trained technicians or crew are 
measuring, weighing, or sampling fish that would otherwise be 
immediately discarded.
    During the 25 at-sea days of comparative fishing trials, the F/V 
Skipper would use A DAS and would be subject to all day and trip 
possession limits, with the exemptions listed above. As a condition of 
this EFP, all undersized fish or fish that cannot legally be landed 
(i.e., in excess of possession limits) would be returned to the sea as 
quickly as possible after sampling. The applicants anticipate a total 
harvest of 37,500 lb (17,010 kg), and an additional 17,500 lb (7,938 
kg) of discards composed of undersized NE multispecies in similar 
proportions to the anticipated catch, as well as dogfish and skates 
(Table 2). The estimated GOM cod catch per day for the proposed number 
of DAS permitted with this EFP would be 32 percent of the current daily 
possession limit of 800 lb (362.9 kg). All legal-sized fish, within the 
possession limit, would be landed and sold.

         Table 2: Estimated Total Catch and Discards by Species
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         Species             Catch in lb (kg)       Discards in lb (kg)
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Haddock                     6,250 (2,835)                       0
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Cod                         6,250 (2,835)                       0
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Grey Sole                   6,250 (2,835)                       0
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American Plaice             6,250 (2,835)                       0
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Monkfish                    6,250 (2,835)                       0
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Pollock                     2,500 (1,134)                       0
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Hake & other                3,750 (1,701)                       0
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[[Page 20929]]

 
Skate sp.                               0           2,500 (1,134)
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Dogfish                                 0           2,500 (1,134)
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Undersized NE                           0          12,500 (5,670)
 multispecies
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    The applicants may request minor modifications and extensions to 
the EFP throughout the course of research. EFP modifications and 
extensions may be granted without further public notice if they are 
deemed essential to facilitate completion of the proposed research and 
result in only a minimal change in the scope or impacts of the 
initially approved EFP request.
    In accordance with NAO Administrative Order 216-6, a Categorical 
Exclusion or other appropriate NEPA document would be completed prior 
to the issuance of the EFP. Further review and consultation may be 
necessary before a final determination is made to issue the EFP. After 
publication of this document in the Federal Register, the EFP, if 
approved, may become effective following the public comment period.

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

    Dated: May 1, 2009.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-10511 Filed 5-5-09; 8:45 am]
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