[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15684-15685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7066]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU71


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 Study Fleet Program contains all of 
the required information and warrants further consideration. Study 
Fleet projects are managed by the University of Massachusetts Dartmouth 
School of Marine Science and Technology (SMAST). The EFP would grant 
exemptions from minimum fish sizes, and possession and landing limits.
    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 April 14, 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 SMAST 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 SMAST Study 
Fleet EFP.'' Comments may also be sent via facsimile (fax) to (978) 
281-9135.

FOR FURTHER INFORMATION CONTACT:  Jason Berthiaume, Fishery Management 
Specialist, (978) 281-9177.

SUPPLEMENTARY INFORMATION: A complete application for an EFP was 
submitted by SMAST on February 5, 2010. The EFP would exempt federally 
permitted commercial fishing vessels from the regulations detailed 
herein while participating in the following projects managed by SMAST:
    (1) Georges Bank (GB) Multispecies Otter Trawl Net Study Fleet 
(seven vessels);
    (2) Monkfish Age Validation Research (six vessels).
    The primary goal of the GB Multispecies Otter Trawl Net Study Fleet 
project is to characterize catch on an effort level and collect size 
distributions of kept and discarded catch by: 1) Training fishermen to 
representatively sample their NE multispecies and monkfish catch, 
measuring 100 kept and 100 discarded fish for each statistical area 
fished per trip for each species that is assessed using an analytical 
stock assessment; 2) developing data protocols to integrate biological 
sampling into study fleet databases, including application of 
electronic measuring onboard; 3) measuring 100 kept and 100 discarded 
skates for each statistical area fished, per trip, for each species; 
and 4) measuring Atlantic wolffish when available.
    The project is a continuation of research conducted since 2000 by 
SMAST, which is now in its third phase of incorporating electronic 
reporting for vessels collecting data. While fishing under Northeast 
(NE) multispecies days-at-sea (DAS), catch estimations would be derived 
by one of three methods: 1) Measuring actual weight using an electronic 
scale; 2) using basket weight, calculated by using a standard weight 
for a basket and counting the number of baskets filled; or 3) by using 
hail weight that is estimated by the crew. Length and weight 
measurements of 100 kept and 100 discarded fish, by statistical area, 
would be taken from a predetermined list of species (see Table 1). The 
landing of fish for sale at authorized dealers would be conducted 
according to each vessel's fishing permits and within current 
regulations. Temporary exemptions from proposed Amendment 16 to the NE 
Multispecies Fishery Management Plan (FMP) NE multispecies zero 
retention stocks at Sec.  648.86(n) (74 FR 69454, December 31, 2009), 
and NE multispecies minimum fish sizes at Sec.  648.83(a)(3) (74 FR 
69454, December 31, 2009), would be necessary to obtain the proposed 
data from undersized individuals, prohibited species, and/or fish in 
excess of trip limits. Similarly, temporary exemptions from monkfish 
possession limits at Sec.  648.94(a) and (b), and monkfish minimum fish 
sizes at Sec.  648.93, would be necessary to obtain data from 
undersized individuals in excess of trip limits. Exemptions from skate 
possession restrictions at Sec.  648.322(a)(1), and prohibitions on 
possession of skates at Sec.  648.322(c)(1), would also be necessary, 
as these species may be encountered when catch estimation is being 
completed. With the exception of vessels conducting monkfish age 
validation research, as described in the following section, vessels 
would be prohibited from landing undersized fish or amounts of fish 
greater than the allowable landing limits.
    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. Pending implementation 
of approved measures in Amendment 16 to the multispecies FMP, all 
participating vessels would be required to comply with any other 
applicable requirements 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, when Amendment 16 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.

    Table 1. List of Species for Biological Length Frequency Samples
------------------------------------------------------------------------
                                                 Maximum Sample Size Per
                    Species                               Trip
------------------------------------------------------------------------
Southern New England (SNE) Yellowtail Flounder       Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
Georges Bank (GB) Yellowtail Flounder                Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------

[[Page 15685]]

 
Cape Cod/GOM Yellowtail Flounder                     Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
SNE Winter Flounder                                  Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
GB Winter Flounder                                   Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
GB Haddock                                           Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
GB Atlantic Cod                                      Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
GOM Atlantic Cod                                     Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
Monkfish                                             Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
American Plaice                                      Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
Witch Flounder                                       Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
Atlantic Wolffish                                    Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------
Northeast Skate Complex (each species)               Up to 200 fish per
                                                       statistical area
------------------------------------------------------------------------

    Sampling would be conducted aboard seven fishing vessels that 
intend to fish in GB, SNE, and GOM throughout the 2010 NE multispecies 
fishing year beginning May 1, 2010, with a minimum of two trips per 
month and an average trip duration of 7 days. All vessels would utilize 
otter trawl gear, with gear configuration and mesh size dictated by 
current fishery regulations.
    The primary goal of the monkfish age validation laboratory research 
is to maintain live specimens in a holding study to allow time for 
oxytetracycline to mark calcified structures for age-growth validation. 
Monkfish (see Table 2) would be collected by the study fleet fishing 
under a monkfish DAS, and transport techniques would be tested. A 
target of 10 fish per month from both the Northern and Southern 
monkfish stocks, totaling 20 fish per month, would be caught and 
maintained in the SMAST seawater laboratory, and given an injection of 
oxytetracycline. Monkfish would be marked with oxytetracycline, and 
most would be cultured for 1 year to allow for growth, with subsamples 
sacrificed quarterly to confirm that tetracycline marks were laid down.
    Exemptions from monkfish possession limits at Sec.  648.94(a) and 
(b), and monkfish minimum fish sizes at Sec.  648.93, would be 
necessary to obtain specimens for laboratory research.

    Table 2. List of Species for Biological Length Frequency Samples
------------------------------------------------------------------------
               Common Name/Stock                  Proposed Sample Size
------------------------------------------------------------------------
Northern Monkfish                                   10 fish/month total
------------------------------------------------------------------------
Southern Monkfish                                   10 fish/month total
------------------------------------------------------------------------

    Sampling would be conducted aboard six fishing vessels that intend 
to fish in GB, Southern New England, and the Gulf of Maine throughout 
the 2010 NE multispecies fishing year beginning May 1, 2010, with a 
minimum of two trips per month and an average trip duration of 7 days. 
All vessels would utilize otter trawl gear, with gear configuration and 
mesh size dictated by current fishery regulations. Monkfish in excess 
of trip limits and undersized monkfish that are being landed would not 
be sold.
    Based on preliminary review of this project, and in accordance with 
NOAA Administrative Order 216-6, a Categorical Exclusion from 
requirements to prepare either an Environmental Impact Statement or an 
Environmental Assessment under the National Environmental Policy Act 
appears to be justified. The applicant may request 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 have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request.

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

    Dated: March 25, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-7066 Filed 3-29-10; 8:45 am]
BILLING CODE 3510-22-S