[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29674-29675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP88


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permit

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, 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 four 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 land more than one standard tote of female red crabs and to conduct 
at-sea sampling and tagging, would allow for exemptions for up to four 
vessels from the Atlantic Deep-sea Red Crab Fishery Management Plan 
(FMP).
    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 July 8, 2009.

ADDRESSES: Comments on this notice 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 Red Crab 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 Red Crab EFP.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
phone: 978-281-9218, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on 
November 19, 2008, by Dr. Richard Wahle of the Bigelow Laboratory for 
Ocean Sciences; Dr. Yong Chen of the School of Marine Sciences, 
University of Maine; and Mr. Jon Williams of the New England Red Crab 
Harvesters' Association. A supplementary proposal was received on 
February 10, 2009, that provided greater detail on the harvest of 
female red crabs (Chaceon quinquidens).
    This project is fully funded by the New England Red Crab 
Harvesters' Association. The primary goal of the experimental fishery 
is to begin harvesting non-egg bearing females to expand the red crab 
market and increase efficiency in the harvesting process. In addition, 
an experimental fishery that includes non-egg bearing females would 
provide an opportunity to conduct at-sea sampling, renewed tagging, and 
model development to better evaluate the growth and reproductive 
performance of the population, as well as the impact of current and 
proposed harvesting on yields and egg production. This aspect of the 
project would be conducted by an onboard researcher under the direction 
of Dr. Wahle. The objectives of this project are as follows:
    1. Characterize regional variability in the reproductive 
characteristics of the red crab population along the geographic range 
of the fishery on the New England and mid-Atlantic shelf break;
    2. Conduct tagging to evaluate growth rates that will facilitate 
the development of growth and yield and egg production models for the 
fishery; and
    3. Develop yield and egg per recruit models to identify potential 
biological reference points for red crab stock assessment and to 
evaluate impacts of fishing on the female red crab resource.
    The experimental design calls for normal commercial fishing 
operations, with the addition of retaining females. The research and 
experimental fishing would occur within the constraints of the current 
management measures, including possession limits and days-at-sea 
limits. The research would occur during normal fishing operations by 
sampling the catch to evaluate the size and sex composition of the 
catch, including the number of egg-bearing females. Further, the 
applicants propose to tag up to 20,000 crabs over 2 years to analyze 
growth. In order to allow for sufficient numbers of crabs for the 
tagging project, a small number of traps would be fitted with small 
mesh to trap smaller crabs. All crabs would be sorted and weighed, and 
crabs of marketable size would be retained for sale. All discards would 
be released as quickly as practicable to reduce incidental mortality. 
All at-sea research would be conducted from one of the four active red 
crab fishing vessels, fishing under that vessel's DAS.
    The applicant may make requests to NMFS for minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted by NMFS without further notice if they are 
deemed essential to facilitate completion of the proposed research and 
result in only a minimal change in the scope or impact of the initially 
approved EFP request. In accordance with NOAA 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

[[Page 29675]]

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 a 15-day public comment period.

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

    Dated: June 17, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-14722 Filed 6-22-09; 8:45 am]
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