[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Pages 46976-46978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XR50


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 programmatic 
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 programmatic EFP would grant exemptions from minimum fish 
sizes, and possession and landing limits. However, further review and 
consultation may be necessary before a final determination is made to 
issue the EFP. Therefore, NMFS announces that the Assistant Regional 
Administrator proposes to issue a programmatic EFP that would allow 
seven vessels to conduct fishing operations that are otherwise 
restricted by the regulations governing the fisheries of the 
Northeastern United States.
    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 September 29, 2009.

ADDRESSES:  Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is <a href="/cdn-cgi/l/email-protection#ffb1baadb0d1bab9afbf91909e9ed1989089"><span class="__cf_email__" data-cfemail="763833243958333026361819171758111900">[email protected]</span></a>. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on SMAST Study Fleet Programmatic 
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 Programmatic EFP.'' Comments may also 
be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT:  Allison Murphy, Fishery Management 
Specialist, phone: 978-281-9122.

SUPPLEMENTARY INFORMATION: A complete application for an EFP was 
submitted by SMAST on May 26, 2009. The EFP would exempt federally 
permitted commercial fishing vessels from the regulations detailed 
below while participating in the following projects managed by SMAST:
    (1) Georges Bank (GB) Multispecies Otter Trawl Net Study Fleet 
(seven vessels);
    (2) Skate and Monkfish Age Validation Research and American Lobster 
Shell Disease Research (seven vessels).
    The primary goal of the GB Multispecies Otter Trawl Net study fleet 
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 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, and which is now in its third phase of incorporating electronic 
reporting and EFPs for vessels collecting data. While fishing under 
Northeast (NE) multispecies day-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 the NE multispecies possession 
limits at Sec.  648.86, and NE multispecies minimum fish sizes at Sec.  
648.83(a)(3), are 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, are 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), are also necessary, as these species may be encountered 
when catch estimation is being completed. Vessels would be prohibited 
from landing undersized fish or amounts of fish greater than the 
allowable landing limits.

    Table 1. List of Species for Biological Length Frequency Samples
------------------------------------------------------------------------
              Species                        Proposed Sample Size
------------------------------------------------------------------------
Southern New England (SNE)           100 kept fish per statistical area
 Yellowtail Flounder                 per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------

[[Page 46977]]

 
Georges Bank (GB) Yellowtail         100 kept fish per statistical area
 Flounder                            per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
Cape Cod/GOM Yellowtail Flounder     100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
SNE Winter Flounder                  100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
GB Winter Flounder                   100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
GB Haddock                           100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
GB Atlantic Cod                      100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
GOM Atlantic Cod                     100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
Monkfish                             100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
American Plaice                      100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
Witch Flounder                       100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
Atlantic Wolffish                    100 kept fish per statistical area
                                     per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------
Northeast Skate Complex (each        100 kept fish per statistical area
 species)                            per trip, 100 discarded fish per
                                           statistical area per trip
------------------------------------------------------------------------

    Sampling would be conducted aboard seven fishing vessels that 
intend to fish on GB from the date of issuance through April 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 goals of the laboratory research are to validate the 
age of multiple skate species and monkfish using ocytetracycline 
markers and to examine the relationship between trophic feeding levels 
and American lobster epizootic shell disease (ESD).
    A target of 6-10 individuals of each skate species (see Table 1) 
would be caught and maintained in the SMAST seawater laboratory, and 
given an injection of ocytetracycline. Most individuals would be 
maintained for a minimum of 1 year prior to sacrifice. Skates would 
then be immediately dissected, and vertebra would be removed for 
further processing. In addition, egg cases would be collected and 
injected with tetracycline to determine whether there is a difference 
between the birth mark and the hatch mark. Exemptions from skate 
possession restrictions at Sec.  648.322(a)(1) and prohibitions on 
possession of skates at Sec.  648.322(c)(1) are necessary to collect 
specimens for laboratory research. Vessels would be prohibited from 
landing undersized fish or amounts of fish greater than the allowable 
landing limits.
    Monkfish (see Table 2) would be collected by the study fleet 
fishing under a monkfish DAS and transport techniques would be tested. 
Monkfish would be marked with ocytetracycline, and most would be 
cultured for 1 year to allow for growth. Temporary exemptions from 
monkfish possession limits at Sec.  648.94(a) and (b), and monkfish 
minimum fish sizes at Sec.  648.93, are necessary to obtain specimens 
for laboratory research. Vessels would be prohibited from landing 
undersized fish or amounts of fish greater than the allowable landing 
limits.

    Table 2. List of Species for Biological Length Frequency Samples
------------------------------------------------------------------------
                 Species                        Proposed Sample Size
------------------------------------------------------------------------
Northern Monkfish                                         10 fish/month
------------------------------------------------------------------------
Southern Monkfish                                         10 fish/month
------------------------------------------------------------------------
Thorny Skate                                              10 fish/month
------------------------------------------------------------------------
Smooth Skate                                              10 fish/month
------------------------------------------------------------------------
Clearnose Skate                                           10 fish/month
------------------------------------------------------------------------
Barndoor Skate                                            10 fish/month
------------------------------------------------------------------------
Rosette Skate                                             10 fish/month
------------------------------------------------------------------------
Little Skate                                              10 fish/month
------------------------------------------------------------------------
Winter Skate                                              10 fish/month
------------------------------------------------------------------------
American Lobster                                       10 animals/month
------------------------------------------------------------------------


[[Page 46978]]

    Laboratory feeding experiments would be conducted on American 
lobster to determine the trophic levels from which they feed. The 
isotope ?948;15N would be measured, with the theoretical basis that the 
higher the trophic level an animal feeds, the higher the level of the 
isotope. Exemptions from lobster restrictions at Sec. Sec.  
697.7(c)(1)(xxiii) and 697.17(a) are necessary to collect specimens for 
laboratory research.
    Samples for the laboratory research would be collected aboard the 
same seven fishing vessels participating in the Otter Trawl study 
fleet, which intend to fish on GB from the date of issuance through 
April 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.
    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: September 8, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-21981 Filed 9-11-09; 8:45 am]
BILLING CODE 3510-22-S


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