[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 19939-19940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8714]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV60


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, Northeast Region, NMFS (Assistant Regional Administrator), 
has made a determination that an Exempted Fishing Permit (EFP) 
application submitted by the Gulf of Maine Research Institute (GMRI) 
contains all of the required information and warrants further 
consideration. The Assistant Regional Administrator has made a 
determination that the activities authorized under this EFP would be 
consistent with the goals and objectives of the Monkfish Fishery 
Management Plan (FMP). However, further review and consultation may be 
necessary before a final determination is made to issue an EFP. The EFP 
would allow commercial fishing vessels to conduct research and 
compensation fishing operations that are otherwise restricted by the 
regulations governing the fisheries of the Northeastern United States. 
This EFP, which would enable vessels to harvest monkfish in accordance 
with the provisions of the Monkfish Research Set-Aside (RSA) Program, 
would grant exemptions from the monkfish days-at-sea (DAS) possession 
limits in the Southern Fishery Management Area (SFMA) and the monkfish 
minimum fish size limits for research purposes only.
    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 3, 2010.

ADDRESSES:  You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on Monkfish RSA Harvest EFP.''
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE 
Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark 
the outside of the envelope ``Comments on Monkfish RSA Harvest and 
Gillnet Study EFP, DA10-031.''
     Fax: (978) 281-9135.

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

SUPPLEMENTARY INFORMATION: A complete application for an EFP was 
submitted by GMRI on March 19, 2010, for a project selected under the 
New England and Mid-Atlantic Fishery Management Councils' Monkfish RSA 
Program. The final grant is pending a review by NOAA Grants. The 
project would involve testing tiedown lengths in gillnets and 
evaluating their effect on monkfish and bycatch retention. This EFP 
would grant an exemption from monkfish possession limits to vessels for 
the purpose of harvesting RSA to fund this research project (i.e., 
compensation fishing) and the monkfish minimum size restrictions for 
research purposes only.
    Research and compensation fishing activities for this project would 
occur from May 2010 through April 2011. The fishing industry 
collaborators would have access to 162 monkfish RSA DAS. The applicant 
states that these vessels must be able to land at least 3,600 lb (1,633 
kg) of whole monkfish (1,084 lb (492 kg) tail weight) per trip. This 
amount is based on the way the participating vessels typically fish, 
which is to land a ``double limit'' (6,652 lb (3,017 kg)) using 24 
hours and 1 minute of DAS. In order to achieve this target catch, these 
fishing activities would require an exemption from monkfish SFMA DAS 
possession limits at Sec.  648.94(b)(2). This exemption would provide 
these vessels with the flexibility they need to generate sufficient 
income to meet projected costs of the research activity, while 
minimizing operating expenses. Based on the preliminary award of 162 
DAS and the fishing practice described above, this would require a 
total catch of 583,200 lb (264,535 kg) of whole monkfish (175,663 lb 
(79,679 kg) tail weight). Operating under this total landings cap, 
compensation fishing would continue until the required goal of 609,000 
lb (276,238 kg) of whole monkfish is met, or until the awarded DAS have 
been fully utilized, whichever occurs first.
    The research portion of this project would involve testing tiedown 
lengths in gillnets and evaluating their effect on monkfish and bycatch 
retention while under normal commercial fishing conditions. Monkfish 
gillnets would be configured according to standard commercial 
requirements with the only modification being the tiedown lengths. 
Tiedown lengths would consist of 6-inch (15.2 cm) increments of 12, 18, 
24, 30, 36, and 42 inches (30.5, 45.7, 76.2, 91.4, and 106.7 cm). Upon 
haul back of the experimental gear, all catch would be separated and 
measured. All legal-sized monkfish would be retained and landed for 
sale. Any legal-sized monkfish landed above the possession limit would 
be retained and counted against the landings cap described above. 
Undersized monkfish would be carefully removed from the net, measured, 
and returned to the sea as quickly as possible. An exemption from the 
monkfish minimum size restriction is necessary because the 
participating vessels may retain fish on board longer than under normal 
sorting procedures in order to collect catch data. The total number of 
days fishing will not exceed 162. The total number of hauls per day 
will be four, with a total of 50 nets per vessel, and a soak time of 72 
to 120 hr. The research and compensation fishing would occur May 2010 
through April 2011.
    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 Northeast Multispecies FMP, 
all participating vessels would be required to comply with any other 
applicable requirements in regulations implementing the amendment.
    The applicant may request minor modifications and extensions to the 
EFP

[[Page 19940]]

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. 
Any fishing activity conducted outside the scope of the exempted 
fishing activity would be prohibited. If the research project is 
terminated for any reason prior to completion, any unused funds 
collected from catch sold to pay for research expenses may be refunded 
to NOAA.

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

    Dated: April 12, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-8714 Filed 4-15-10; 8:45 am]
BILLING CODE 3510-22-S