Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8671 

Endangered Species Act (ESA) 

Under Section 7 of the ESA, NSF has 

initiated formal consultation with the 

NMFS, Office of Protected Resources, 

Endangered Species Division, on this 

proposed seismic survey. NMFS Office 

of Protected Resources, Permits, 

Conservation and Education Division, 

has initiated formal consultation under 

Section 7 of the ESA with NMFS Office 

of Protected Resources, Endangered 

Species Division, to obtain a Biological 

Opinion evaluating the effects of issuing 

the IHA on threatened and endangered 

marine mammals and, if appropriate, 

authorizing incidental take. NMFS will 

conclude formal Section 7 consultation 

prior to making a determination on 

whether or not to issue the IHA. If the 

IHA is issued, L–DEO will be required 

to comply with the Terms and 

Conditions of the Incidental Take 

Statement corresponding to NMFS’ 

Biological Opinion issued to both NSF 

and NMFS Office of Protected 

Resources. 

National Environmental Policy Act 

(NEPA) 

With its complete application, L–DEO 

provided NMFS an EA analyzing the 

direct, indirect and cumulative 

environmental impacts of the proposed 

specified activities on marine mammals 

including those listed as threatened or 

endangered under the ESA. The EA, 

prepared by LGL Environmental 

Research Associated (LGL) on behalf of 

NSF and L–DEO is entitled 

Environmental Assessment of a Marine 

Geophysical Survey by the R/V Marcus 

G. Langseth in the Commonwealth of 

the Northern Mariana Islands, April– 

June 2010 (L–DEO EA). Prior to making 

a final decision on the IHA application, 

NMFS will either prepare an 

independent EA, or, after review and 

evaluation of the L–DEO EA for 

consistency with the regulations 

published by the Council of 

Environmental Quality (CEQ) and 

NOAA Administrative Order 216–6, 

Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, adopt the 

L–DEO EA and make a decision of 

whether or not to issue a Finding of No 

Significant Impact (FONSI). 

Preliminary Determinations 

NMFS has preliminarily determined 

that the impact of conducting the 

specific seismic survey activities 

described in this notice and the IHA 

request in the specific geographic region 

within the U.S. EEZ within the CNMI 

may result, at worst, in a temporary 

modification in behavior (Level B 

harassment) of small numbers of marine 

mammals. Further, this activity is 

expected to result in a negligible impact 

on the affected species or stocks of 

marine mammals. The provision 

requiring that the activity not have an 

unmitigable impact on the availability 

of the affected species or stock of marine 

mammals for subsistence uses is not 

implicated for this proposed action. 

For reasons stated previously in this 

document, the specified activities 

associated with the proposed survey are 

not likely to cause TTS, PTS or other 

non-auditory injury, serious injury, or 

death to affected marine mammals 

because: 

(1) The likelihood that, given 

sufficient notice through relatively slow 

ship speed, marine mammals are 

expected to move away from a noise 

source that is annoying prior to its 

becoming potentially injurious; 

(2) The fact that cetaceans would have 

to be closer than 940 m (0.6 mi) in deep 

water when the full array is in use at a 

9 m (29.5 ft) tow depth from the vessel 

to be exposed to levels of sound (180 

dB) believed to have even a minimal 

chance of causing PTS; 

(3) The fact that marine mammals 

would have to be closer than 3,850 m 

(2.4 mi) in deep water when the full 

array is in use at a 9 m (29.5 ft) tow 

depth from the vessel to be exposed to 

levels of sound (160 dB) believed to 

have even a minimal chance at causing 

TTS; and 

(4) The likelihood that marine 

mammal detection ability by trained 

observers is high at that short distance 

from the vessel. 

As a result, no take by injury, serious 

injury, or death is anticipated or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the proposed monitoring and mitigation 

measures. 

While the number of marine 

mammals potentially incidentally 

harassed will depend on the 

distribution and abundance of marine 

mammals in the vicinity of the survey 

activity, the number of potential Level 

B incidental harassment takings (see 

Table 3 above) is estimated to be small, 

less than a few percent of any of the 

estimated population sizes based on the 

data disclosed in Table 2 of this notice, 

and has been mitigated to the lowest 

level practicable through incorporation 

of the monitoring and mitigation 

measures mentioned previously in this 

document. Also, there are no known 

important reproduction or feeding areas 

in the proposed action area. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to L–DEO for conducting a 

marine geophysical survey in the CNMI 

from April to June, 2010, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. The duration of the 

IHA would not exceed one year from the 

date of its issuance. 

Information Solicited 

NMFS requests interested persons to 

submit comments and information 

concerning this proposed project and 

NMFS’ preliminary determination of 

issuing an IHA (see ADDRESSES). 

Concurrent with the publication of this 

notice in the Federal Register, NMFS is 

forwarding copies of this application to 

the Marine Mammal Commission and 

its Committee of Scientific Advisors. 

Dated: February 19, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–3869 Filed 2–24–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU21 

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. 

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 Northeast Fisheries 

Science Center’s (NEFSC) Study Fleet 

Program contains all of the required 

information and warrants further 

consideration. The EFP would exempt 

fishing vessels from minimum fish sizes 

and possession and landing limits for 

the purpose of collecting fishery 

dependent catch data and biological 

samples. 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 


jlentini on DSKJ8SOYB1PROD with NOTICES
8672 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

parties the opportunity to comment on 

EFP applications. 

DATES: Comments must be received on 

or before March 12, 2010. 

ADDRESSES: Comments on this notice 

may be submitted by e-mail. The 

mailbox address for providing e-mail 

comments is NERO.EFP@noaa.gov. 

Include in the subject line of the e-mail 

comment the following document 

identifier: ‘‘Comments on NEFSC 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 

NEFSC Study Fleet EFP.’’ Comments 

may also be sent via facsimile (fax) to 

(978) 281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fishery Management 

Specialist, phone: 978–281–9165, fax: 

978–281–9135. 

SUPPLEMENTARY INFORMATION: The EFP 

would exempt 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 

temporarily exempt participating 

vessels from minimum size and 

possession limits for the purpose of atsea sampling and, in limited situations 

for research purposes only, to retain and 

land fish that would otherwise be 

prohibited. 

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 the 

minimum fish sizes and possession 

limits for at-sea sampling is required 

because some discarded species would 

be on deck slightly longer than under 

normal sorting procedures. 

The participating vessels would also 

be exempt from minimum size and 

possession limits because participating 

vessels, in limited situations, would be 

authorized to retain and land otherwise 

prohibited fish, for research purposes 

only. The vessels would be authorized 

to retain specific amounts of particular 

species in whole or round weight 

condition, including some undersized 

individuals and above the possession 

limits, in marked totes, which would be 

delivered to Study Fleet Program 

technicians. The participating vessels 

would be allowed to retain species 

below the minimum size requirement 

and above possession limits so that the 

vessels may collect biological samples. 

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 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. Upon 

implementation of approved measures 

in Amendment 16 to the Multispecies 

Fishery Management Plan (FMP), all 

participating vessels must also comply 

with any other applicable requirements 

contained in regulations implementing 

the amendment. This includes the 

proposed regulation, at § 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, 

once Amendment 16 to the Multispecies 

FMP 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. 

NEFSC STUDY FLEET PROGRAM EFP 

# of Vessels ........................................................ Up to 50. 

Possession .......................................................... Temporary Possession for at-sea sampling plus limited landing. 

Exempted regulations in 50 CFR part 648 ......... Size limits 

§ 648.83(a)(3) NE multispecies minimum size. 

§ 648.93 Monkfish minimum fish size. 

§ 648.103 Summer flounder minimum fish size. 

§ 648.143(a) Black sea bass minimum fish size. 

Possession limits 

§ 648.86(b) Atlantic cod. 

§ 648.86(c) Atlantic halibut. 

§ 648.86(e) White hake. 

§ 648.86(g) Yellowtail flounder. 

§ 648.86(g)(1) SNE Yellowtail flounder possession limit. 

§ 648.86(j) GB Winter flounder. 

§ 648.86(n)(1) Zero retention of SNE Winter flounder. 

§ 648.94 Monkfish possession limit. 

§ 648.22(c) Incidental possession limit of Loligo. 

§ 648.322 Skate possession and landing restrictions. 

§ 648.145 Black sea bass possession limits. 

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/MidAtlantic (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. 


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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8673 

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 (1020.58 kg) for all trips 

combined. 

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 100 lb (45.36 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. 

The applicant may make requests to 

NMFS for minor modifications and 

extensions to the EFP throughout the 

year. EFP modifications and extensions 

may be granted by NMFS without 

further notice if they are deemed 

essential to facilitate completion of the 

proposed research and result in only a 

minimal change in the scope or impact 

of the initially approved EFP request. In 

accordance with NOAA Administrative 

Order 216–6, a Categorical Exclusion or 

other appropriate NEPA 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 a 15-day public comment 

period. 

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

Dated: February 22, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–3890 Filed 2–24–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XU57 

Mid-Atlantic Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council) will 

conduct an educational workshop on 

catch shares in cooperation with the 

Fisheries Leadership and Sustainability 

Forum (FLSF), the Atlantic States 

Marine Fisheries Commission (ASMFC), 

and the National Marine Fisheries 

Service (NMFS). The intent of this 

workshop is to share information and 

concerns about the use of catch shares 

by the MAFMC in managing fisheries 

within its jurisdiction and help decision 

makers learn from catch share 

management successes, failures, and 

challenges in other regions. 

DATES: The workshop will be held 

Tuesday, March 16, 2010 through 

Thursday, March 18, 2010. 

ADDRESSES: The workshop will be held 

at the Kingsmill Conference Center, 

1010 Kingsmill Road, Williamsburg, 

VA, 23185; telephone: (800) 832–5665. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N. State St., 

Suite 201, Dover, DE 19901; telephone: 

(302) 674–2331. 

FOR FURTHER INFORMATION CONTACT: 

Daniel T. Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council; telephone: (302) 674–2331. 

SUPPLEMENTARY INFORMATION: The 

workshop will begin with participants’ 

registration at 10 a.m. on Tuesday, 

March 16, 2010 and recess at 5:30 p.m. 

or when business is completed; 

reconvene at 8:30 a.m. on Wednesday, 

March 17, 2010 and recess at 5:45 p.m. 

or when business is completed; and, 

reconvene at 8:30 a.m. on Thursday, 

March 18, 2010 and recess no later than 

4 p.m. An agenda and briefing materials 

will be posted to the Council website 

(www.mafmc.org) as they become 

available. 

The workshop will be an educational 

forum to discuss catch share fishery 

management strategies. The term ≥catch 

share≥ encompasses a broad spectrum of 

fishery management systems that share 

a common approach: allocating a 

portion of a scientifically determined 

catch limit to a discrete set of users (i.e. 

individuals, groups, or communities). 

The MAFMC adopted the first catch 

share programs in the United States 

when it implemented an ITQ 

(individual transferable quota) program 

for the surfclam and ocean quahog 

fisheries in 1990. The MAFMC also 

recently (2009) implemented a catch 

share system for tilefish (IFQ - 

individual fishing quota). 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

listed in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 


jlentini on DSKJ8SOYB1PROD with NOTICES