[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32375-32376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12866]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC551


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 32376]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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

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 exempted fishing permit would exempt 
vessels from monkfish days-at-sea possession limits to commercially 
harvest monkfish during compensation fishing in support of a project 
funded under the Monkfish Research Set-Aside Program. The primary goal 
of the research is to determine if monkfish constitute a single or 
multiple stocks over their coast-wide distribution and would be 
conducted by the Cornell Cooperative Extension of Suffolk County Marine 
Program.
    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 June 14, 2013.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on CCE Monkfish RSA EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Comments on CCE monkfish RSA 
EFP.''
     Fax: (978) 281-9135.

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

SUPPLEMENTARY INFORMATION: The Cornell Cooperative Extension (CCE) was 
awarded 371 days-at-sea (DAS) under the 2012 Monkfish Research Set-
Aside (RSA) Program. The primary goal of the study is to determine if 
monkfish constitute one or more stocks over their coast-wide 
distribution. CCE is using a genetic approach with microsatellite DNA 
analysis. Biological samples are being collected throughout the 
monkfish range. The vessels are using standard commercial gear and are 
landing monkfish for sale, but the sampling locations are determined by 
CCE. The research is being conducted under normal monkfish commercial 
fishing practices. Thirty vessels have been identified by the 
researcher to conduct compensation fishing under the exempted fishing 
permit (EFP).
    To conduct compensation fishing in support of the project, CCE 
submitted a complete application for an EFP on April 17, 2012, 
requesting exemptions from the monkfish DAS possession limits. However, 
due to the complications resulting from the Endangered Species Act 
listing of Atlantic sturgeon, an EFP for the project was not approved. 
To mitigate concerns with Atlantic sturgeon, the applicant modified its 
EFP application to only conduct compensation fishing in offshore waters 
and submitted a modified application on March 5, 2013. The modified EFP 
was approved on May 21, 2013, which authorized participating vessels to 
fish seaward of 50 fathoms, where Atlantic sturgeon interactions are 
extremely rare.
    However, during the EFP review process, the Northeast Fisheries 
Science Center published an updated analysis on Atlantic sturgeon 
abundance estimates, which are substantially higher than previous 
estimates (Kocik et al. 2013).\1\  As a result, the applicant is now 
requesting that vessels operating under the EFP not be limited to 
waters deeper than 50 fathoms. This revision would allow compensation 
fishing to be conducted throughout the entire monkfish range where 
monkfish fishing is allowed.
---------------------------------------------------------------------------

    \1\ Kocik J., Lipsky C, Miller T, Rago P, Shepherd G. 2013. An 
Atlantic Sturgeon Population Index for ESA Management Analysis. U.S. 
Dept Commer, Northeast Fish Sci Cent Ref Doc. 13-06; 36 p. Available 
from: National Marine Fisheries Service, 166 Water Street, Woods 
Hole, MA 02543-1026, or online at: www.nefsc.noaa.gov/nefsc/publications/.
---------------------------------------------------------------------------

    The revised EFP would exempt vessels from monkfish DAS possession 
limits in the Northern and Southern Monkfish Fishery Management Areas. 
Category F vessels would be charged monkfish RSA DAS at a higher pro-
rated rate of 2.909:1 RSA DAS for Category A and C vessels and 3.555:1 
RSA DAS for Category B and D vessels, consistent with the Monkfish 
Fishery Management Plan.
    Monkfish EFPs that waive possession limits were first issued in 
2007, and each year thereafter through 2011. The EFPs were approved to 
increase operational efficiency and to optimize research funds 
generated from RSA DAS. To ensure that the amount of monkfish harvested 
by vessels operating under the EFPs was similar to the amount of 
monkfish that was anticipated to be harvested under the 500 RSA DAS 
set-aside by the New England Fishery Management Council, NMFS has used 
3,600 lb (1,633 kg) of whole monkfish per RSA DAS. This amount of 
monkfish was the equivalent of a double possession limit of Permit 
Category A and C vessels fishing in the SFMA. This was deemed a 
reasonable approximation because it was reflective of how the standard 
monkfish commercial fishery operates. It is likely that RSA grant 
recipients optimize their RSA DAS award by utilizing this possession 
limit.
    CCE developed its RSA proposal and budget in a manner that was 
consistent with previously approved EFPs. However, prior to submission 
of the RSA proposal, NMFS implemented Amendment 5 to the Monkfish FMP. 
Amendment 5 adjusted the tail-to-whole-weight conversion factor from 
3.32 to 2.91, which essentially reduced the whole weight possession 
limits. Because this project was originally awarded DAS in fishing year 
2012 and the budget was designed using 3,600 lb (1,633 kg) per DAS, the 
EFP, if approved, would allow this project to continue operating under 
this limit until the project's conclusion on April 30, 2014. This 
project was awarded 371 DAS. Therefore, participating vessels could use 
up to 371 DAS, or catch up to 900,000 lb (408,233 kg) of whole 
monkfish, or fish under the EFP until April 30, 2014, whichever comes 
first.
    When applicable, or as required by the regulations, participating 
vessels may also concurrently use Northeast multispecies DAS while 
conducting monkfish compensation fishing. All catch of Northeast 
multispecies would be accounted for under applicable Northeast 
multispecies quotas.
    If approved, the applicant may request minor modifications to the 
EFP throughout the year. EFP modifications 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.

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

    Dated: May 24, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-12866 Filed 5-29-13; 8:45 am]
BILLING CODE 3510-22-P