[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]


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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.

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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:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#49272c3b26672c2f390927262828672e263f"><span class="__cf_email__" data-cfemail="2f414a5d40014a495f6f41404e4e01484059">[email protected]</span></a>. Include in the subject line 
``Comments on NEFSC Study Fleet EFP.''
    <bullet> 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.''
    <bullet> Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Carly Knoell, Fisheries Management 
Specialist, 978-281-9224, <a href="/cdn-cgi/l/email-protection#d093b1a2bca9fe9bbebfb5bcbc90bebfb1b1feb7bfa6"><span class="__cf_email__" data-cfemail="9eddffecf2e7b0d5f0f1fbf2f2def0f1ffffb0f9f1e8">[email protected]</span></a>.

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
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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


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