[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20790-20792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8374]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB148


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 an Exempted Fishing Permit 
(EFP) application submitted by the Northeast Fisheries Science Center 
(NEFSC) 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; 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.
    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 23, 2012.

ADDRESSES: You may submit written comments by any of the following 
methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#caa4afb8a5e4afacba8aa4a5ababe4ada5bc"><span class="__cf_email__" data-cfemail="fe909b8c91d09b988ebe90919f9fd0999188">[email protected]</span></a>. Include in the subject line 
``Comments on NEFSC Study Fleet EFP.''
    <bullet> Mail: Daniel S. Morris, Acting 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: Brett Alger, Fisheries Management 
Specialist, 978-675-2153, <a href="/cdn-cgi/l/email-protection#eba9998e9f9fc5aa878c8e99ab85848a8ac58c849d"><span class="__cf_email__" data-cfemail="b4f6c6d1c0c09af5d8d3d1c6f4dadbd5d59ad3dbc2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NEFSC submitted a complete application for 
an EFP on February 28, 2012, to enable data collection activities that 
the regulations on commercial fishing would otherwise restrict. The EFP

[[Page 20791]]

would exempt 29 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; 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.
    The NEFSC Study Fleet Program was established in 2002 to more fully 
characterize commercial fishing operations and to leverage sampling 
opportunities to augment NMFS data collection programs. Participating 
vessels are contracted by NEFSC to collect tow by tow catch and 
environmental data, and to fulfill specific biological sampling needs 
identified by NEFSC. To collect these data, the NEFSC Study Fleet 
Program has obtained an EFP to secure the necessary waivers needed by 
the vessels to obtain fish that would otherwise be prohibited by 
regulations.
    Crew trained by the NEFSC Study Fleet Program in methods that are 
consistent with the current NEFSC observer protocol, while under 
fishing operations, would sort, weigh, and measure fish that are to be 
discarded. An exemption from minimum fish size restrictions; fish 
possession limits; 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. 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
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Number of Vessels..................  29.
Possession.........................  Possession for at-sea sampling plus
                                      limited landing.
Exempted regulations in 50 CFR part  Size limits.
 648.
                                     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(l) Zero retention of
                                      SNE winter flounder and Atlantic
                                      wolffish.
                                     Sec.   648.94 Monkfish possession
                                      limit.
                                     Sec.   648.22(c) Incidental
                                      possession limit of long-finned
                                      squid.
                                     Sec.   648.322 Skate possession and
                                      landing restrictions.
                                     Sec.   648.145 Black sea bass
                                      possession limits.
                                     Sec.   648.235 Spiny dogfish
                                      possession and landing
                                      restrictions.
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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 120 
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 120 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 120 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

[[Page 20792]]

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 3-month period, 
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 3-month period, 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.
    Atlantic wolffish--whole fish would be retained for maturity, 
fecundity, and life history research. Atlantic wolffish retained would 
not exceed 30 fish per month or 360 fish total for all trips. The 
maximum weight on any trip would not exceed 120 lb (54.4 kg) and would 
not exceed 3,000 lb (1,360.8 kg) total for all trips combined.
    Cusk--whole fish would be retained for maturity, fecundity, and 
life history research. Cusk retained would not exceed 30 fish per month 
or 360 fish total for all trips. The maximum weight on any trip would 
not exceed 100 lb (45.4 kg) and would not exceed 2,300 lb (1,043.3 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: April 3, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-8374 Filed 4-5-12; 8:45 am]
BILLING CODE 3510-22-P


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