[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 19938-19939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8713]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV59


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 determination that an Exempted Fishing Permit (EFP) 
application contains all of the required information and warrants 
further consideration. The Assistant Regional Administrator has made a 
determination that the activities authorized under this EFP would be 
consistent with the goals and objectives of the Monkfish Fishery 
Management Plan (FMP). However, further review and consultation may be 
necessary before a final determination is made to issue an EFP. The EFP 
will allow commercial fishing vessels to conduct compensation fishing 
operations that are otherwise restricted by the regulations governing 
the fisheries of the Northeastern United States. This EFP, which would 
enable vessels to harvest monkfish in accordance with the provisions of 
the Monkfish Research Set-Aside (RSA) Program, would grant exemptions 
from the monkfish days-at-sea (DAS) possession limits in the Southern 
Fishery Management Area (SFMA).
    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 May 3, 2010.

ADDRESSES:  You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on Monkfish RSA Harvest 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 monkfish RSA harvest EFP, 
DA10-056.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT:  Anna Macan, Fishery Management 
Specialist, 978-281-9165.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by 
the Gulf of Maine Research Institute on February 16, 2010, for a 
project selected under the New England and Mid-Atlantic Fishery 
Management Councils' Monkfish RSA Program. The final grant is pending a 
review by NOAA Grants. The project would involve tagging monkfish to 
investigate migratory patterns and mixing between management areas. 
This EFP would grant an exemption from monkfish possession limits to 
vessels for the purpose of harvesting RSA to fund this research project 
(i.e., compensation fishing).
    Compensation fishing for this research would occur from May 2010 
through April 2011. The fishing industry collaborators would have 
access to 313 monkfish DAS that would be awarded to the project through 
the Monkfish RSA Program. The applicant states that these vessels must 
be able to land at least 3,600 lb (1,633 kg) of whole monkfish (1,084 
lb (492 kg) tail weight) per trip. This amount is based on the way the 
participating vessels typically fish, which is to land a ``double 
limit'' (6,652 lb (3,017 kg)) using 24 hours and 1 minute of DAS. In 
order to achieve this target catch, these fishing activities would 
require an exemption from the monkfish SFMA DAS possession limits at 
Sec.  648.94(b)(2). This exemption would provide these vessels with the 
flexibility they need to generate sufficient income to meet projected 
costs of the research activity, while minimizing operating expenses. 
Based on the preliminary award of 313 DAS and the fishing practice 
described above, this would require a total catch of 1,126,800 lb 
(511,108 kg) of whole monkfish (339,398 lb (153,948 kg) tail weight). 
Operating under this total landings cap, compensation fishing would 
continue until the required goal of 1,126,800 lb (511,108 kg) of whole 
monkfish is met, or until the awarded DAS have been fully utilized, 
whichever occurs first. Aside from this exemption, fishing activity 
would be conducted under normal commercial fishing practices.
    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. Upon implementation of 
approved measures in Amendment 16 to the Northeast Multispecies FMP, 
all participating vessels would be required to comply with any other 
applicable requirements

[[Page 19939]]

in regulations implementing the amendment.
    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. If the research project 
is terminated for any reason prior to completion, any unused funds 
collected from catch sold to pay for research expenses may be refunded 
to NOAA.

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

    Dated: April 12, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-8713 Filed 4-15-10; 8:45 am]
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