[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8671-8673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3890]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU21


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 (Assistant Regional Administrator), 
has made a preliminary determination that the subject Exempted Fishing 
Permit (EFP) application for the Northeast Fisheries Science Center's 
(NEFSC) Study Fleet Program contains all of the required information 
and warrants further consideration. The EFP would exempt fishing 
vessels from minimum fish sizes and possession and landing limits for 
the purpose of collecting fishery dependent catch data and biological 
samples.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested

[[Page 8672]]

parties the opportunity to comment on EFP applications.

DATES: Comments must be received on or before March 12, 2010.

ADDRESSES: Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is [email protected]. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on NEFSC Study Fleet 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 NEFSC Study 
Fleet EFP.'' Comments may also be sent via facsimile (fax) to (978) 
281-9135.

FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management 
Specialist, phone: 978-281-9165, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: The EFP would exempt federally permitted 
commercial fishing vessels from the regulations detailed below while 
participating in the Study Fleet Program and operating under projects 
managed by the NEFSC. The EFP would temporarily exempt participating 
vessels from minimum size and possession limits for the purpose of at-
sea sampling and, in limited situations for research purposes only, to 
retain and land fish that would otherwise be prohibited.
    Crew trained by the NEFSC Study Fleet Program in methods that are 
consistent with the current NEFSC observer protocol, while under normal 
fishing operations, would sort, weigh, and measure fish that are to be 
discarded. An exemption from the minimum fish sizes and possession 
limits for at-sea sampling is required because some discarded species 
would be on deck slightly longer than under normal sorting procedures.
    The participating vessels would also be exempt from minimum size 
and possession limits because participating vessels, in limited 
situations, would be authorized to retain and land otherwise prohibited 
fish, for research purposes only. The vessels would be authorized to 
retain specific amounts of particular species in whole or round weight 
condition, including some undersized individuals and above the 
possession limits, in marked totes, which would be delivered to Study 
Fleet Program technicians. The participating vessels would be allowed 
to retain species below the minimum size requirement and above 
possession limits so that the vessels may collect biological samples. 
The NEFSC would require participating vessels to obtain written 
approval from the NEFSC Study Fleet Program prior to landing any fish 
in excess of possession limits and/or below minimum size limits to 
ensure that the landed fish do not exceed any of the Study Fleet 
Program's collection needs, as detailed below. None of the landed 
biological samples from these trips would be sold for commercial use or 
used for any other purpose other than research.
    The table below details the regulations from which the 
participating vessels would be exempt. The participating vessels would 
be required to comply with all other applicable requirements and 
restrictions specified at 50 CFR part 648, unless specifically exempted 
in this EFP. Upon implementation of approved measures in Amendment 16 
to the Multispecies Fishery Management Plan (FMP), all participating 
vessels must also comply with any other applicable requirements 
contained in regulations implementing the amendment. This includes the 
proposed regulation, at Sec.  648.87(b)(1)(v) (74 FR 69454, December 
31, 2009), that all catches of stocks allocated to Sectors by vessels 
on a Sector trip shall be deducted from the Sector's Annual Catch 
Entitlement (ACE) for each NE multispecies stock regardless of what 
fishery the vessel was participating in when the fish was caught. 
Additionally, once Amendment 16 to the Multispecies FMP is implemented, 
this EFP may be revised to reflect any changes in regulatory citations 
and to address any exemptions that may no longer be necessary.

                      NEFSC Study Fleet Program EFP
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 of Vessels.........  Up to 50.
Possession...................  Temporary Possession for at-sea sampling
                                plus limited landing.
Exempted regulations in 50     Size limits
 CFR part 648.
                               Sec.   648.83(a)(3) NE multispecies
                                minimum size.
                               Sec.   648.93 Monkfish minimum fish size.
                               Sec.   648.103 Summer flounder minimum
                                fish size.
                               Sec.   648.143(a) Black sea bass minimum
                                fish size.
                               Possession limits
                               Sec.   648.86(b) Atlantic cod.
                               Sec.   648.86(c) Atlantic halibut.
                               Sec.   648.86(e) White hake.
                               Sec.   648.86(g) Yellowtail flounder.
                               Sec.   648.86(g)(1) SNE Yellowtail
                                flounder possession limit.
                               Sec.   648.86(j) GB Winter flounder.
                               Sec.   648.86(n)(1) Zero retention of SNE
                                Winter flounder.
                               Sec.   648.94 Monkfish possession limit.
                               Sec.   648.22(c) Incidental possession
                                limit of Loligo.
                               Sec.   648.322 Skate possession and
                                landing restrictions.
                               Sec.   648.145 Black sea bass possession
                                limits.
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    The following descriptions detail the NEFSC Study Fleet Program's 
Sampling Needs:
    Haddock--Whole fish would be retained for maturity and fecundity 
research. The haddock retained would not exceed 30 fish per trip, or 
360 fish for all trips. The maximum weight of haddock on any trip would 
not exceed 120 lb (54.43 kg) total weight per trip, and would not 
exceed 1,440 lb (653.17 kg) for all trips combined.
    Yellowtail Flounder--Whole fish would be retained for maturity, 
fecundity, bioelectrical impedance analysis (BIA), food habits, and 
genetic research. The yellowtail flounder retained would not exceed 60 
fish per month from each of the three stock areas (Gulf of Maine (GOM), 
Georges Bank (GB), Southern New England/Mid-Atlantic (SNE/MA)), or 
1,800 fish total from each stock area for all trips. The maximum weight 
on any trip would not exceed 50 lb (22.70 kg) total weight, and would 
not exceed 1,500 lb (680.39 kg) for all trips combined.

[[Page 8673]]

    Summer Flounder--Whole fish would be retained for maturity, 
fecundity, BIA, food habits, and genetic research. The summer flounder 
retained would not exceed 60 fish per month from each of the three 
stock areas (GOM, GB, SNE/MA), or 1,800 fish total from each stock area 
for all trips. The maximum weight on any trip would not exceed 100 lb 
(45.36 kg) total weight, and would not exceed 3,000 lb (1,360.78 kg) 
for all trips combined.
    Winter Flounder--Whole fish would be retained for maturity, 
fecundity, BIA, food habits, and genetic research. The winter flounder 
retained would not exceed 60 fish per month from each of the three 
stock areas (GOM, GB, SNE/MA), or 1,800 fish total from each stock area 
for all trips. The maximum weight on any trip would not exceed 75 lb 
(34.02 kg) total weight, and would not exceed 2,250 lb (1020.58 kg) for 
all trips combined.
    Monkfish--Whole fish would be retained for maturity and fecundity 
research. Monkfish retained would not exceed 10 fish per trip, or 120 
fish total for all trips. The maximum weight on any trip would not 
exceed 100 lb (45.36 kg) total weight, and would not exceed 1,200 lb 
(544.31 kg) for all trips combined.
    Cod--Whole fish would be retained for tagging demonstrations and 
educational purposes. Cod to be retained would not exceed 15 fish per 
trip, or 60 cod for all trips. The maximum weight on any trip would not 
exceed 100 lb (45.36 kg) total weight, and would not exceed 600 lb 
(272.16 kg) for all trips combined.
    Barndoor Skate--Whole and, in some cases, live skates would be 
retained for age and growth research and species confirmation. The 
barndoor skates retained would not exceed 20 fish per trip, or 80 
skates total for all trips. The maximum weight on any trip would not 
exceed 75 lb (34.02 kg) total weight, and would not exceed 300 lb 
(136.08 kg) total for all trips combined.
    Thorny Skate--Whole and, in some cases, live skates would be 
retained for age and growth research and species confirmation. Thorny 
skates retained would not exceed 20 fish per trip, or 80 skates total 
for all trips. The maximum weight on any trip would not exceed 75 lb 
(34.02 kg) whole weight, and would not exceed 300 lb (136.08 kg) total 
for all trips combined.
    Black Sea Bass--Whole fish would be retained for examination of 
seasonal and latitudinal patterns in energy allocation. This effort is 
in support of an ongoing study at the NEFSC to evaluate BIA to measure 
fish energy density and reproductive potential for stock assessment. 
Black sea bass retained would not exceed 75 fish per trip or 300 black 
sea bass total for all trips. The maximum weight on any trip would not 
exceed 250 lb (113.40 kg) total weight, and would not exceed 1,000 lb 
(453.59 kg) total for all trips combined.
    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 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: February 22, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-3890 Filed 2-24-10; 8:45 am]
BILLING CODE 3510-22-P