[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65181-65182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA703


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 preliminary determination that an exempted fishing permit 
application contains all of the required information and warrants 
further consideration. This permit would allow two commercial fishing 
vessels to test the economic viability of using electric rod and reel 
gear to target pollock in the Western Gulf of Maine Closure Area and to 
temporarily retain undersized catch for measurement and data 
collection. The study would be conducted by the School for Marine 
Science and Technology at the University of Massachusetts, Dartmouth.
    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 exempted fishing permits.

DATES: Comments must be received on or before November 4, 2011.

ADDRESSES: You may submit written comments by any of the following 
methods:
     E-mail: [email protected]. Include in the subject line 
``Comments on Rod and Reel Fishing in WGOM Closed Area 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 SMAST EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management 
Specialist, 978-675-2153, [email protected].

SUPPLEMENTARY INFORMATION: The School for Marine Science and Technology 
at the University of Massachusetts, Dartmouth (SMAST) submitted a 
complete application for an exempted fishing permit (EFP) on August 31, 
2011, to conduct commercial fishing activities that the regulations 
would otherwise restrict. The EFP would authorize two vessels to use 
electric rod and reel gear in the Western Gulf of Maine (GOM) Closure 
Area and to temporarily retain undersized catch for measurement and 
data collection.
    The project, titled ``Utilization of Electric Rod and Reel to 
Target Pollock in WGOM Closed Area,'' is funded by NOAA's Northeast 
Cooperative Research Program through the network project GEARNET. In 
addition to testing the economic viability of using electric rod and 
reel gear to target pollock, and allow the vessels to temporarily 
retain undersized fish for data collection purposes, the project may 
also investigate if the gear could be used as an effective stock 
assessment tool within closed areas. The study would take place in the 
Western GOM Closure Area, during November and December 2011, with two 
vessels planning to fish 10 days each, for a total of 20 research days. 
The exemptions are necessary because groundfish vessels on commercial 
groundfish trips are prohibited from fishing in the Western GOM Closure 
Area and from retaining undersized fish. Each vessel would use four 
electric rod and reels each day and fish for approximately 8 hours, 
with an additional 4 hours of steaming, for a total trip of 12 hours. 
Fishing would primarily occur within the Western GOM Closure Area, with 
some effort being conducted outside the area. SMAST is requesting 
access to the Western GOM Closure Area based on its belief that pollock 
is concentrated in this area.
    A technician would be on board the vessel to measure fish caught 
(retained and discarded), document fishing gear, bait, location, and 
fishing conditions to evaluate gear performance. Undersized fish would 
be discarded. All Northeast multispecies of legal size would be landed, 
with all catch being attributed to the sector vessel's annual catch 
entitlement. Proceeds from the sales would be retained by the vessels.
    In order to ensure that catch does not exceed the amount of 
targeted and bycatch species estimated by SMAST, a trigger clause would 
be placed on the EFP. Based on reported landings and discards, the EFP 
would be rescinded should catch (landings and discards) exceed any of 
the following amounts (per vessel): Pollock: 6,000 lb (2,722 kg); cod: 
1,000 lb (454 kg); haddock: 1,000 lb (454 kg); American plaice: 100 lb 
(45.4 kg); yellowtail flounder: 100 lb (45.4 kg); witch flounder: 100 
lb (45.4 kg); winter flounder: 100 lb (45.4 kg);

[[Page 65182]]

spiny dogfish: 1,000 lb (454 kg); smooth dogfish: 200 lb (90.7 kg); 
thorny skate: 1,000 lb (454 kg); and winter skate: 1,000 lb (454 kg).
    If approved, 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. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.
    The Assistant Regional Administrator has made an initial 
determination that, based on a preliminary review of the proposed 
subject research and the criteria provided in section 5.05a-c and 
section 6.03c.3(a) of NAO 216-6, a Categorical Exclusion (CE) appears 
to be justified for this EFP. In accordance with NOA 216-6, a CE, 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.

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

    Dated: October 17, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-27211 Filed 10-19-11; 8:45 am]
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