[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34039-34041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13450]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC684


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.

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

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 submitted by the Northeast Fisheries Science Center 
contains all of the required information and warrants further 
consideration. The Exempted Fishing Permit would exempt participating 
vessels from the following types of fishery regulations: Minimum fish 
size restrictions; fish possession limits; prohibited fish species, not 
including species protected under the Endangered Species Act; and gear-
specific fish possession restrictions 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 parties the opportunity to comment on Exempted Fishing 
Permit applications.

DATES: Comments must be received on or before June 21, 2013.

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

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, 978-282-8493, [email protected].

SUPPLEMENTARY INFORMATION: Northeast Fisheries Science Center (NEFSC) 
submitted a complete application for an Exempted Fishing Permit (EFP) 
on April 11, 2013, to enable data collection activities that the 
regulations on commercial fishing would otherwise restrict. The EFP 
would exempt 29 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 exempt participating vessels from minimum fish size restrictions; 
fish possession limits; prohibited fish species, not including species 
protected under the Endangered Species Act; and gear-specific fish 
possession restrictions for the purpose of at-sea sampling and, in 
limited situations for research purposes only, to retain and land fish.
    The NEFSC Study Fleet Program was established in 2002 to more fully 
characterize commercial fishing operations and to leverage sampling 
opportunities to augment NMFS data collection programs. Participating 
vessels are contracted by NEFSC to collect tow by tow catch and 
environmental data, and to fulfill specific biological sampling needs 
identified by NEFSC. To collect these data, the NEFSC Study Fleet 
Program has obtained an EFP to secure the necessary waivers needed by 
the vessels to obtain fish that would otherwise be prohibited by 
regulations.
    Crew trained by the NEFSC Study Fleet Program in methods that are 
consistent with the current NEFSC observer protocol, while under 
fishing operations, would sort, weigh, and measure fish that are to be 
discarded. An exemption from minimum fish size restrictions; fish 
possession limits; prohibited fish species, not including species 
protected under the Endangered Species Act; and gear-specific fish 
possession restrictions for at-sea sampling is required because some 
discarded species would be on deck slightly longer than under normal 
sorting procedures.
    Participating vessels would also be authorized to retain and land, 
in limited situations for research purposes only, fish that do not 
comply with fishing regulations. The vessels would be authorized to 
retain specific amounts of particular species in whole or round weight 
condition, in marked totes, which would be delivered to Study Fleet 
Program technicians. 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 scientific research.
    The table below details the regulations from which the 
participating vessels would be exempt when retaining and landing fish 
for research purposes. 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. 
All catch of stocks allocated to Sectors by vessels on a Sector trip 
would be deducted from the Sector's Annual Catch Entitlement (ACE) for 
each

[[Page 34040]]

Northeast multispecies stock regardless of what fishery the vessel was 
participating in when the fish was caught. Once a sector's ACE for a 
stock has been reached, vessels would no longer be allowed to fish in 
that stock area, unless they acquired additional ACE for the limiting 
stock. Non-sector vessels would be exempted from possession restriction 
as identified below in the table, but would still be subject to 
trimester total allowable catch (TAC) accountability measures 
applicable to non-sector vessels, which state that when 90 percent of 
the trimester TAC for a stock is projected to be caught, the area where 
that stock is predominantly caught will close to vessels fishing with a 
specific gear type for the rest of that trimester.

                      NEFSC Study Fleet Program EFP
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Number of Vessels.................     29
Exempted regulations in 50 CFR      Size limits:
 part 648.
                                       Sec.   648.83 NE multispecies
                                        minimum size.
                                       Sec.   648.93 Monkfish minimum
                                        fish size.
                                       Sec.   648.104 Summer flounder
                                        minimum fish size.
                                       Sec.   648.147 Black sea bass
                                        minimum fish size.
                                    Possession restrictions:
                                       Sec.   648.86(a) Haddock.
                                       Sec.   648.86(b) Atlantic cod.
                                       Sec.   648.86(g) Yellowtail
                                        flounder.
                                       Sec.   648.86(j) Georges Bank
                                        winter flounder.
                                       Sec.   648.86(l) Zero retention
                                        of Atlantic wolffish.
                                       Sec.   648.86(o) Possession
                                        limits implemented by RA.
                                       Sec.   648.94 Monkfish possession
                                        limit.
                                       Sec.   648.106 Summer flounder
                                        possession restrictions.
                                       Sec.   648.322 Skate possession
                                        and landing restrictions.
                                       Sec.   648.145 Black sea bass
                                        possession limits.
                                       Sec.   648.235 Spiny dogfish
                                        possession and landing
                                        restrictions.
------------------------------------------------------------------------

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 200 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 1,200 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 1,500 lb (680.39 kg) for all trips 
combined.
     Summer Flounder--whole fish would be retained for 
maturity, fecundity, BIA, food habits, and genetic research. The summer 
flounder retained would not exceed 200 fish per month from each of the 
three stock areas (GOM, GB, SNE/MA), or 1,200 fish total from each 
stock area for all trips. The maximum weight on any trip would not 
exceed 150 lb (68.04 kg) total weight, and would not exceed 4,500 lb 
(2,041.17 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 200 fish per month from each of the 
three stock areas (GOM, GB, SNE/MA), or 1,200 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.
     Spiny Dogfish--whole fish would be retained for 
reproductive biology research. The spiny dogfish retained would not 
exceed 60 fish per month from each of the two stock areas (GOM, SNE/
MA), or 720 fish total for all trips. The maximum weight on any trip 
would not exceed 350 lb (158.76 kg), and would not exceed 4,200 lb 
(1,905.09 kg) total for all trips.
     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 maturity, fecundity, 
BIA, food habits, and genetic research. Cod to be retained would not 
exceed 200 fish per month from each of the three stock areas (GOM, GB, 
SNE/MA), or 1,200 fish total from each stock area for all trips. The 
maximum weight on any trip would not exceed 300 lb (136.08 kg) total 
weight, and would not exceed 8,500 lb (3,855.54 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 3-month 
period, 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 3-month period, 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.
     Atlantic wolffish--whole fish would be retained for 
maturity, fecundity, and life history research. Atlantic wolffish 
retained would not exceed 30 fish per month or 360 fish

[[Page 34041]]

total for all trips. The maximum weight on any trip would not exceed 
120 lb (54.4 kg) and would not exceed 3,000 lb (1,360.8 kg) total for 
all trips combined.
     Cusk--whole fish would be retained for maturity, 
fecundity, and life history research. Cusk retained would not exceed 30 
fish per month or 360 fish total for all trips. The maximum weight on 
any trip would not exceed 100 lb (45.4 kg) and would not exceed 2,300 
lb (1,043.3 kg) total for all trips combined.
    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 impact 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: June 3, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-13450 Filed 6-5-13; 8:45 am]
BILLING CODE 3510-22-P