[Federal Register Volume 75, Number 210 (Monday, November 1, 2010)]
[Notices]
[Pages 67083-67084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27534]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0684-XZ34
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, has made a preliminary determination
that the subject exempted fishing permit (EFP) application contains all
the required information and warrants further consideration. The
subject EFP would allow commercial fishing vessels to conduct fishing
operations that are otherwise restricted by the regulations governing
the fisheries of the Northeastern United States. 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 November 16, 2010.
ADDRESSES: Comments may be submitted by e-mail to [email protected].
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 the SNE Flatfish Discard Mortality EFP.'' Comments may
also be sent via facsimile (fax) to (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Melissa Vasquez, Fishery Policy
Analyst, (978) 281-9166, fax (978) 281-9135.
[[Page 67084]]
SUPPLEMENTARY INFORMATION: An EFP is being requested for one vessel
participating in the Southern New England (SNE) Flatfish Discard
Mortality Study conducted by the University of Massachusetts,
Dartmouth, School for Marine Science and Technology (SMAST) Cooperative
Marine Education and Research program. The primary objective of this
study is to assess the effects of different stressors on the mortality
of flatfish discarded in SNE and Mid-Atlantic trawl fisheries. The
researchers would conduct field and lab observations of flatfish
captured during regular commercial fishing operations for Reflex Action
Mortality Predictors (RAMP) under different stressors to assess the
discard mortality rates of five flatfish stocks: SNE yellowtail
flounder; SNE winter flounder; summer flounder; northern windowpane
flounder; and southern windowpane flounder. In addition, the applicants
would use the results of their study to assess the use of RAMP in
estimating the mortality of each species within the flatfish complex.
The study would be conducted aboard one commercial fishing vessel
in the SNE and Mid-Atlantic mixed trawl fishery, beginning the date of
issuance of the EFP and continuing for a full year. The vessel would
utilize otter trawl gear with gear configuration and mesh size dictated
by current fishery regulations. SMAST technicians and/or commercial
fishermen would collect 100 fish of each species per month, during
regular commercial fishing operations, for a maximum catch of 6,000
fish over the course of the 12-month study (Table 1). Fish would be
placed in oxygen-enriched seawater tanks and, upon landing, be
transported live to the SMAST seawater lab facility for testing. Fish
collected for laboratory observation would not be sold. The applicant
has requested an exemption from NE multispecies possession restrictions
for SNE yellowtail flounder, and SNE winter flounder and windowpane
flounder, at Sec. Sec. 648.86(g)(1) and 648.86(l), respectively, in
order to land the live specimens in excess of possession limits. The
applicants have also requested an exemption from NE multispecies
minimum fish sizes at Sec. 648.83 and the summer flounder minimum fish
size at Sec. 648.103(a), in order to test a representative sample of
the age composition of flatfish.
Table 1--Estimated Sample Size
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Number of fish/ Number of fish
Species month total
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SNE Yellowtail Flounder................. 100 1200
SNE Winter Flounder..................... 100 1200
Summer Flounder......................... 100 1200
Northern Windowpane Flounder............ 100 1200
Southern Windowpane Flounder............ 100 1200
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The participating vessel is enrolled in Northeast Fishery Sector V
for the 2010 fishing year, which has received a SNE yellowtail flounder
annual catch entitlement (ACE). Consistent with the regulations at
Sec. 648.87, the participating vessel is currently exempt from trip
limits on this stock, but would not be exempt from any sector
requirements, including at-sea and dockside monitoring of sector trips
and full retention of legal-sized fish of allocated stocks, while
fishing under this EFP. In addition, all catch of allocated stocks by
the sector vessel on a sector trip, while participating in the EFP,
would count toward the sector's ACE, and the vessel's sector must have
ACE of all stocks in the area the vessel intends to fish a sector trip.
The vessel would be required to report research catch landed that is of
legal size separate from that of sub-legal size, on their Vessel Trip
Reports (VTRs). The vessel's sector manager would be notified to
include legal-sized research landings from the VTRs in their ACE
accounting, in addition to the vessel's dealer-recorded landings.
In addition to retaining fish for laboratory observation,
technicians would observe a minimum of 100 fish of each species on
commercial fishing trips for RAMP before they are discarded at-sea. The
applicants would require a temporary exemption from the summer flounder
commercial minimum fish size restriction at Sec. 648.103(a), the NE
multispecies minimum fish size restrictions at Sec. 648.83, and the NE
multispecies possession restrictions at Sec. Sec. 648.86(g)(1) and
648.86(l), for the time period when trained technicians or crew are
sampling fish. To ensure that monthly sampling is not disrupted, the
applicants have also requested vessels be exempt from the summer
flounder closure specified at Sec. 648.101(a) for the purposes of
collecting the 100 live specimens of each species each month.
The applicants may request minor modifications and extensions to
the EFP throughout the course of research. EFP modifications and
extensions may be granted without further public notice if they are
deemed essential to facilitate completion of the proposed research and
result in only a minimal change in the scope or impacts of the
initially approved EFP request. If an extension is requested that goes
beyond the fishing year, it is required to go through the publication
process again.
In accordance with NAO Administrative Order 216-6, a Categorical
Exclusion or other appropriate National Environmental Policy Act
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. After publication of this document in the
Federal Register, the EFP, if approved, may become effective following
the public comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-27534 Filed 10-29-10; 8:45 am]
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