[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16614-16616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7018]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA270
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.
[[Page 16615]]
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
(EFP) application contains all of the required information and warrants
further consideration. The EFP would exempt participating vessels from
the following types of fishery regulations: Minimum fish size
restrictions; fish possession limits; species quota closures;
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 that is being conducted by the Northeast Fisheries
Science Center's (NEFSC) Study Fleet 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 EFP applications.
DATES: Comments must be received on or before April 8, 2011.
ADDRESSES: You may submit written comments by any of the following
methods:
E-mail: [email protected]. Include in the subject line
``Comments on NEFSC Study Fleet 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 NEFSC Study Fleet EFP.''
Fax: (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Carly Knoell, Fisheries Management
Specialist, 978-281-9224, [email protected].
SUPPLEMENTARY INFORMATION: NEFSC submitted a complete application for
an EFP on February 7, 2011, to conduct commercial fishing activities
that the regulations would otherwise restrict. The EFP would exempt 24
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; species quota closures; 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.
Crew trained by the NEFSC Study Fleet Program in methods that are
consistent with the current NEFSC observer protocol, while under normal
fishing operations, would sort, weigh, and measure fish that are to be
discarded. An exemption from minimum fish size restrictions; fish
possession limits; species quota closures; 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. In addition, if the EFP is approved, NEFSC and
participatory vessels would be notified that spiny dogfish and black
sea bass could not be targeted during a quota closure, and that any
live spiny dogfish or black sea bass that are caught must be discarded.
No spiny dogfish or black sea bass could be landed for commercial
purposes as part of this research project during a quota closure. 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. 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 for each Northeast multispecies stock regardless of what
fishery the vessel was participating in when the fish was caught.
NEFSC Study Fleet Program EFP
------------------------------------------------------------------------
Number of vessels 24
------------------------------------------------------------------------
Possession for at-sea sampling
Possession plus limited landing
------------------------------------------------------------------------
Exempted regulations in 50 CFR part 648 Size limits:
Sec. 648.83(a)(3) NE
multispecies minimum size.
Sec. 648.93 Monkfish
minimum fish size.
Sec. 648.103 Summer
flounder minimum fish size.
Sec. 648.143(a) Black sea
bass minimum fish size.
Possession restrictions:
Sec. 648.86(b) Atlantic
cod.
Sec. 648.86(c) Atlantic
halibut.
Sec. 648.86(e) White hake.
Sec. 648.86(g) Yellowtail
flounder.
Sec. 648.86(g)(1) Southern
New England Yellowtail
flounder possession limit.
Sec. 648.86(j) Georges
Bank Winter flounder.
Sec. 648.86(n)(1) Zero
retention of SNE Winter
flounder.
Sec. 648.94 Monkfish
possession limit.
Sec. 648.22(c) Incidental
possession limit of Loligo.
Sec. 648.322 Skate
possession and landing
restrictions.
Sec. 648.141 Black sea
bass closure.
Sec. 648.145 Black sea
bass possession limits.
[[Page 16616]]
Sec. 648.231 Spiny dogfish
closure.
Sec. 648.235 Spiny dogfish
possession and landing
restrictions.
------------------------------------------------------------------------
The following descriptions detail the 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 60
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
1,800 fish total from each stock area for all trips. The maximum weight
on any trip would not exceed 50 lb (22.70 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 60 fish per month from each of the three
stock areas (GOM, GB, SNE/MA), or 1,800 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.
Winter Flounder--whole fish would be retained for maturity,
fecundity, BIA, food habits, and genetic research. The winter flounder
retained would not exceed 60 fish per month from each of the three
stock areas (GOM, GB, SNE/MA), or 1,800 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 2,250 lb (1,020.58 kg)
for all trips combined.
Spiny Dogfish--Whole fish would be retained for reproductive
biology research. The spiny dogfish retained would not exceed 50 fish
per month from each of the two stock areas (GOM, SNE/MA), or 1,200 fish
total for all trips. The maximum weight on any trip would not exceed
390 lb (176.9 kg), and would not exceed 9,360 lb (4,245.62 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 tagging demonstrations and
educational purposes. Cod to be retained would not exceed 15 fish per
trip, or 60 cod for all trips. The maximum weight on any trip would not
exceed 150 lb (68.04 kg) total weight, and would not exceed 600 lb
(272.16 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 trip, 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 trip, 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.
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: March 18, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-7018 Filed 3-23-11; 8:45 am]
BILLING CODE 3510-22-P