2652 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 

under the New England and MidAtlantic Fishery Management Councils’

Monkfish Research Set-Aside (RSA) 

Program. The primary goal of this study 

is to investigate the length-weight 

relationship, spawning frequency, and 

rate of cannibalism in these members of 

the population not often reflected in the 

trawl survey. This information is 

considered to be very helpful to the 

management of the species. This is the 

second year this project has been 

funded under the Monkfish RSA 

Program. 

The project is scheduled to be 

conducted for 1 year (May 2007–April 

2008) and would collect large monkfish 

from three industry collaborators fishing 

using 102 Monkfish Days-At-Sea (DAS) 

awarded to the project through the RSA 

Program. Monkfish gillnet vessels 

fishing in the Southern Fishery 

Management Area will collect large 

monkfish as part of otherwise normal 

fishing activities and do not require an 

EFP. One vessel would fish inside the 

eastern edge of the Western GOM 

Closure Area from August 2007 through 

April 2008. Fishing would take place in 

deep mud habitats outside of the 

Western GOM Habitat Closure Area. 

This is east of the Stellwagen Bank 

National Marine Sanctuary and would 

require exemption from the gear 

restrictions of the Western GOM Closure 

Area at 50 CFR 648.81(e), as well as 

from the restrictions of Rolling Closure 

Areas I and II at § 648.81(f) that will be 

in effect during March and April 2008. 

It is expected that this location would 

provide access to large monkfish and 

would avoid gear interactions between 

these gillnets and trawls. The applicant 

is also requesting exemption from the 

NE multispecies effort control measures 

at § 648.80(a)(3)(vi) in order to create 

sufficient incentive for a commercial 

vessel to participate in this experiment. 

This would exempt the vessel from the 

need to use a NE Multispecies DAS 

concurrent with Monkfish RSA DAS for 

these trips. 

The vessel would make up to 48 trips 

(30 DAS) using gillnets that are 13–inch 

(33–cm) stretch mesh with 24 gauge web 

and 12 meshes deep. Each net is 300 ft 

(91 m) long by 3 ft (0.91 m) high, and 

150 nets would be used with an average 

soak time of 72 hr. Ten fish per week 

would be donated to the research 

project during the months of AugustSeptember, and five fish per week from 

October-April 2008. This project is 

specifically interested in large 

monkfish, so donated fish would be the 

largest from each trip, at least 90 cm 

total length. Additional catch, within 

applicable size and possession limits, 

would be sold to help offset the costs of 

the research. As a consequence of the 

exemption from the need to use a NE 

Multispecies DAS, the vessel would not 

keep any regulated groundfish. Since 

these trips would use very large mesh 

nets, the bycatch of regulated 

groundfish is expected to be minimal. 

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. 

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

Dated: January 17, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–767 Filed 1–19–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 011607B] 

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. 

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 submitted by Bradford 

Bowen contains all of the required 

information and warrants further 

consideration. The Assistant Regional 

Administrator has made a preliminary 

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. Therefore, NMFS 

announces that the Assistant Regional 

Administrator proposes to recommend 

that an EFP be issued that would allow 

one commercial fishing vessel to 

conduct fishing operations that are 

otherwise restricted by the regulations 

governing the fisheries of the 

Northeastern United States. The EFP 

would enable researchers to determine 

selectivity curves and catch rates for 

monkfish in large mesh gillnets by 

granting exemption from possession and 

landing restrictions of the FMP. 

Regulations under the MagnusonStevens 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 February 6, 2007. 

ADDRESSES: You may submit written 

comments by any of the following 

methods: 

• E-mail: DA6–386@noaa.gov. Include 

in the subject line ‘‘Comments on 

monkfish gillnet EFP.’’

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, NE Regional 

Office, 1 Blackburn Drive, Gloucester, 

MA 01930. Mark the outside of the 

envelope ‘‘Comments on monkfish 

gillnet EFP, DA6–386.’’

• Fax: (978) 281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Management 

Specialist, 978–281–9341. 

SUPPLEMENTARY INFORMATION: An 

application for an EFP was submitted on 

December 26, 2006, by Bradford Bowen 

of the F/V Jessica Marie and Michael Pol 

of the Massachusetts Division of Marine 

Fisheries, for a project funded under the 

New England and Mid-Atlantic Fishery 

Management Councils’ Monkfish 

Research Set-Aside (RSA) Program. The 

primary goal of this study is to provide 

information on the selectivity of large 

mesh gillnets that can be used to 

enhance the management of this 

species. 

The EFP would exempt one vessel 

from monkfish trip limits while 

conducting research trips using extra 

large mesh gillnets. This project was 

awarded 80 monkfish days-at-sea (DAS) 

through the 2007 Monkfish RSA 

Program under project 07–MONK–003. 

These DAS would be used to conduct 

the research, as well as to provide funds 

to support the research through the sale 

of fish from these trips. 

Trips are proposed to occur May 1 

through June 30, 2007, and then again 

from November 1, 2007, through April 

30, 2008. Nets would be set south of 

Cape Cod and would follow the 

expected movements of the monkfish, 

starting at a depth of 50 fm in May and 

gradually moving to 20 fm by the end 

of June. In November, trips would begin 

in 15–20 fm and gradually move 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 2653 

offshore to a depth of 80–100 fm by the 

end of April 2008. No trips would be 

conducted July 1–October 31, 2007, 

because of warm water temperatures 

and a typical absence of fish. 

Research trips would be conducted 

aboard the F/V Jessica Marie (permit # 

146901, hull # MA9252KR), owned by 

Mr. Bowen. Each net panel for this 

study would be 300 ft (91.4 m) long and 

made of 30 gauge webbing. Seven nets 

each of 10–inch (25.4–cm), 12–inch 

(30.5–cm), and 14–inch (35.6–cm) mesh 

would be combined into a single 21–net 

‘‘string.’’ Net height for the different 

mesh panels would be coordinated to be 

within 1 inch (2.5 cm) of each other. 

Two such strings would be used, for a 

total of 42 nets. Each string would be 

fitted with 85–lb (38.5–kg) lead line, 3/ 

8–inch (0.95–cm) polypropylene float 

line with floats every 8 ft (2.4 m), and 

tied down to stand 30 inches (76 cm) 

above the bottom. The strings would 

also be fitted with temperature loggers, 

1,100–lb (498.9–kg) breakaway links, 

and ‘‘pingers’’ to help minimize effects 

on marine mammals. 

This gear configuration is expected to 

be much less efficient than the current 

regulatory limit of up to 150 300–ft 

(91.4–m) nets of 10–inch (25.4–cm) 

mesh. It is expected that most trips 

would result in catches well below the 

trip limit. Specific trips could occur 

when the trip limit would be reached or 

exceeded after hauling only one of the 

two strings. To prevent excess discards 

and to ensure that all of the 

experimental gear can be hauled during 

each trip, the applicant has requested 

the exemption outlined above. 

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. 

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

Dated: January 17, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–768 Filed 1–19–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 122106A] 

Taking of Marine Mammals Incidental 

to Specified Activities; On-ice 

Geotechnical Operations in the 

Beaufort Sea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of application 

and proposed incidental take 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from ConocoPhillips Alaska, 

Inc (CPAI) for an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment, incidental to 

conducting on-ice geotechnical 

operations on the Outer Continental 

Shelf (OCS) and State of Alaska leases 

in the U.S. Beaufort Sea in spring 2007. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an authorization to CPAI to 

incidentally take, by harassment, small 

numbers of ringed seals for a limited 

period during the proposed project 

period. 

DATES: Comments and information must 

be received no later than February 21, 

2007. 

ADDRESSES: Comments on the 

application should be addressed to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, or by telephoning one of 

the contacts listed here. The mailbox 

address for providing email comments 

is PR1.122106A@noaa.gov. Comments 

sent via e-mail, including all 

attachments, must not exceed a 10–

megabyte file size. A copy of the 

application containing a list of the 

references used in this document may 

be obtained by writing to this address or 

by telephoning the first contact person 

listed here and is also available at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137 or Brad Smith, Alaska Region, 

NMFS, (907) 271–5006. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of marine mammals 

by U.S. citizens who engage in a 

specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Permission shall be granted if NMFS 

finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses, 

and that the permissible methods of 

taking and requirements pertaining to 

the mitigation, monitoring, and 

reporting of such takings are set forth. 

NMFS has defined ‘‘negligible impact’’

in 50 CFR 216.103 as ’’...an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival.’’

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

for certain categories of activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Section 101(a)(5)(D) establishes a 45–

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On November 29, 2006, NMFS 

received an application from CPAI for 

the taking, by harassment, of small 

number of ringed seals (Phoca hispida) 

incidental to conducting geotechnical 

portions of a site clearance survey just 


rmajette on PROD1PC67 with NOTICES