[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15684-15685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7066]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU71
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 (Assistant Regional Administrator)
has made a preliminary determination that the subject Exempted Fishing
Permit (EFP) application for the Study Fleet Program contains all of
the required information and warrants further consideration. Study
Fleet projects are managed by the University of Massachusetts Dartmouth
School of Marine Science and Technology (SMAST). The EFP would grant
exemptions from minimum fish sizes, and possession and landing limits.
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 April 14, 2010.
ADDRESSES: Comments on this notice may be submitted by e-mail. The
mailbox address for providing e-mail comments is [email protected].
Include in the subject line of the e-mail comment the following
document identifier: ``Comments on SMAST Study Fleet EFP.'' 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 SMAST Study
Fleet EFP.'' Comments may also be sent via facsimile (fax) to (978)
281-9135.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, (978) 281-9177.
SUPPLEMENTARY INFORMATION: A complete application for an EFP was
submitted by SMAST on February 5, 2010. The EFP would exempt federally
permitted commercial fishing vessels from the regulations detailed
herein while participating in the following projects managed by SMAST:
(1) Georges Bank (GB) Multispecies Otter Trawl Net Study Fleet
(seven vessels);
(2) Monkfish Age Validation Research (six vessels).
The primary goal of the GB Multispecies Otter Trawl Net Study Fleet
project is to characterize catch on an effort level and collect size
distributions of kept and discarded catch by: 1) Training fishermen to
representatively sample their NE multispecies and monkfish catch,
measuring 100 kept and 100 discarded fish for each statistical area
fished per trip for each species that is assessed using an analytical
stock assessment; 2) developing data protocols to integrate biological
sampling into study fleet databases, including application of
electronic measuring onboard; 3) measuring 100 kept and 100 discarded
skates for each statistical area fished, per trip, for each species;
and 4) measuring Atlantic wolffish when available.
The project is a continuation of research conducted since 2000 by
SMAST, which is now in its third phase of incorporating electronic
reporting for vessels collecting data. While fishing under Northeast
(NE) multispecies days-at-sea (DAS), catch estimations would be derived
by one of three methods: 1) Measuring actual weight using an electronic
scale; 2) using basket weight, calculated by using a standard weight
for a basket and counting the number of baskets filled; or 3) by using
hail weight that is estimated by the crew. Length and weight
measurements of 100 kept and 100 discarded fish, by statistical area,
would be taken from a predetermined list of species (see Table 1). The
landing of fish for sale at authorized dealers would be conducted
according to each vessel's fishing permits and within current
regulations. Temporary exemptions from proposed Amendment 16 to the NE
Multispecies Fishery Management Plan (FMP) NE multispecies zero
retention stocks at Sec. 648.86(n) (74 FR 69454, December 31, 2009),
and NE multispecies minimum fish sizes at Sec. 648.83(a)(3) (74 FR
69454, December 31, 2009), would be necessary to obtain the proposed
data from undersized individuals, prohibited species, and/or fish in
excess of trip limits. Similarly, temporary exemptions from monkfish
possession limits at Sec. 648.94(a) and (b), and monkfish minimum fish
sizes at Sec. 648.93, would be necessary to obtain data from
undersized individuals in excess of trip limits. Exemptions from skate
possession restrictions at Sec. 648.322(a)(1), and prohibitions on
possession of skates at Sec. 648.322(c)(1), would also be necessary,
as these species may be encountered when catch estimation is being
completed. With the exception of vessels conducting monkfish age
validation research, as described in the following section, vessels
would be prohibited from landing undersized fish or amounts of fish
greater than the allowable landing limits.
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. Pending implementation
of approved measures in Amendment 16 to the multispecies FMP, all
participating vessels would be required to comply with any other
applicable requirements in regulations implementing the amendment. This
includes the proposed regulation, at Sec. 648.87(b)(1)(v) (74 FR
69454, December 31, 2009), that all catches of stocks allocated to
Sectors by vessels on a Sector trip shall be deducted from the Sector's
Annual Catch Entitlement (ACE) for each NE multispecies stock,
regardless of what fishery the vessel was participating in when the
fish was caught. Additionally, when Amendment 16 is implemented, this
EFP may be revised to reflect any changes in regulatory citations and
to address any exemptions that may no longer be necessary.
Table 1. List of Species for Biological Length Frequency Samples
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Maximum Sample Size Per
Species Trip
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Southern New England (SNE) Yellowtail Flounder Up to 200 fish per
statistical area
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Georges Bank (GB) Yellowtail Flounder Up to 200 fish per
statistical area
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[[Page 15685]]
Cape Cod/GOM Yellowtail Flounder Up to 200 fish per
statistical area
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SNE Winter Flounder Up to 200 fish per
statistical area
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GB Winter Flounder Up to 200 fish per
statistical area
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GB Haddock Up to 200 fish per
statistical area
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GB Atlantic Cod Up to 200 fish per
statistical area
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GOM Atlantic Cod Up to 200 fish per
statistical area
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Monkfish Up to 200 fish per
statistical area
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American Plaice Up to 200 fish per
statistical area
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Witch Flounder Up to 200 fish per
statistical area
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Atlantic Wolffish Up to 200 fish per
statistical area
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Northeast Skate Complex (each species) Up to 200 fish per
statistical area
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Sampling would be conducted aboard seven fishing vessels that
intend to fish in GB, SNE, and GOM throughout the 2010 NE multispecies
fishing year beginning May 1, 2010, with a minimum of two trips per
month and an average trip duration of 7 days. All vessels would utilize
otter trawl gear, with gear configuration and mesh size dictated by
current fishery regulations.
The primary goal of the monkfish age validation laboratory research
is to maintain live specimens in a holding study to allow time for
oxytetracycline to mark calcified structures for age-growth validation.
Monkfish (see Table 2) would be collected by the study fleet fishing
under a monkfish DAS, and transport techniques would be tested. A
target of 10 fish per month from both the Northern and Southern
monkfish stocks, totaling 20 fish per month, would be caught and
maintained in the SMAST seawater laboratory, and given an injection of
oxytetracycline. Monkfish would be marked with oxytetracycline, and
most would be cultured for 1 year to allow for growth, with subsamples
sacrificed quarterly to confirm that tetracycline marks were laid down.
Exemptions from monkfish possession limits at Sec. 648.94(a) and
(b), and monkfish minimum fish sizes at Sec. 648.93, would be
necessary to obtain specimens for laboratory research.
Table 2. List of Species for Biological Length Frequency Samples
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Common Name/Stock Proposed Sample Size
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Northern Monkfish 10 fish/month total
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Southern Monkfish 10 fish/month total
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Sampling would be conducted aboard six fishing vessels that intend
to fish in GB, Southern New England, and the Gulf of Maine throughout
the 2010 NE multispecies fishing year beginning May 1, 2010, with a
minimum of two trips per month and an average trip duration of 7 days.
All vessels would utilize otter trawl gear, with gear configuration and
mesh size dictated by current fishery regulations. Monkfish in excess
of trip limits and undersized monkfish that are being landed would not
be sold.
Based on preliminary review of this project, and in accordance with
NOAA Administrative Order 216-6, a Categorical Exclusion from
requirements to prepare either an Environmental Impact Statement or an
Environmental Assessment under the National Environmental Policy Act
appears to be justified. 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-7066 Filed 3-29-10; 8:45 am]
BILLING CODE 3510-22-S