[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42232-42233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20096]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ40


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.

-----------------------------------------------------------------------

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 commercial fishing 
vessels to conduct fishing operations that are otherwise restricted by 
the regulations governing the fisheries of the Northeastern United 
States. 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 September 8, 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 SNE Flatfish Discard Mortality EFP.'' 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: An EFP is being requested for eight vessels 
participating in the Southern New England (SNE) Flatfish Discard 
Mortality Study conducted by the NOAA/University of Massachusetts 
Dartmouth School for Marine Science and Technology (SMAST) Cooperative 
Marine Education and Research program. The primary objective of this 
study is to assess the effects of different stressors on the mortality 
of flatfish discarded in the SNE and Mid-Atlantic trawl fisheries. The 
researchers would conduct field and lab observations of flatfish 
captured during regular commercial fishing operations for Reflex Action 
Mortality Predictors (RAMP) under different stressors to assess the 
discard mortality rates of five flatfish species: SNE yellowtail 
flounder; SNE winter flounder; summer flounder; northern windowpane 
flounder; and southern windowpane flounder. In addition, the applicants 
would use the results of their study to assess the use of RAMP in 
estimating the mortality of each species within the flatfish complex.
    The study would be conducted aboard eight commercial fishing 
vessels in the SNE and Mid-Atlantic mixed trawl fishery beginning the 
date of issuance of the EFP and continuing for a full year. All vessels 
would utilize otter trawl gear with gear configuration and mesh size 
dictated by current fishery regulations. NOAA/University of 
Massachusetts technicians and/or commercial fishermen would collect 100 
fish of each species per month, during regular commercial fishing 
operations, for a maximum catch of 6,000 fish over the course of the 
12-month study (Table 1). Fish would be landed and transported live to 
the SMAST seawater lab facility for testing and would not be sold. The 
applicants have requested an exemption from NE multispecies possession 
restrictions for SNE yellowtail flounder, SNE winter flounder, and 
northern windowpane flounder, specified at Sec. Sec.  648.86(g)(1), 
648.86(n)(1), and 648.86(n)(2), respectively, in order to land the live 
specimens in excess of possession limits. The applicants have also 
requested an exemption from NE multispecies minimum fish sizes 
specified at Sec.  648.83 and the summer flounder minimum fish size at 
Sec.  648.103(a) in order to test a representative sample of the age 
composition of discarded flatfish.

                     Table 1: Estimated Sample Size
------------------------------------------------------------------------
                                                           fish
   Species                fish/month                  total
------------------------------------------------------------------------
SNE           100                                                  1200
 Yellowtail
 Flounder
------------------------------------------------------------------------
SNE Winter    100                                                  1200
 Flounder
------------------------------------------------------------------------
Summer        100                                                  1200
 Flounder
------------------------------------------------------------------------
Northern      100                                                  1200
 Windowpane
 Flounder
------------------------------------------------------------------------
Southern      100                                                  1200
 Windowpane
 Flounder
------------------------------------------------------------------------

    For the field-based portion of the study, technicians would observe 
a minimum of 100 fish of each species on commercial fishing trips for 
RAMP before they are discarded at-sea. The applicants would require a 
temporary exemption from the summer flounder commercial minimum fish 
size restriction at Sec.  648.103(a), the NE multispecies minimum fish 
size restrictions at Sec.  648.83, and the NE multispecies possession 
restrictions at Sec. Sec.  648.86(g)(1), 648.86(n)(1), and 
648.86(n)(2), for the time period when trained technicians or crew are 
sampling fish. To ensure that monthly sampling is not disrupted, the 
applicants have also requested vessels be exempt from the summer 
flounder closure specified at Sec.  648.101(a) for the purposes of 
collecting the 100 live specimens of each species each month.
    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 National Environmental Policy Act 
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.


[[Page 42233]]


    Dated: August 17, 2009.
Kristen Koch,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. E9-20096 Filed 8-20-09; 8:45 am]
BILLING CODE 3510-22-S