[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17820-17821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8889]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO55


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.

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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 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 eight 
commercial fishing vessels to conduct research and compensation fishing 
operations that are otherwise restricted by the regulations governing 
the fisheries of the Northeastern United States. This EFP, which would 
enable vessels to harvest monkfish granted through the Monkfish 
Research Set-Aside (RSA) Program, would grant exemptions from 
restrictions of the Gulf of Maine (GOM) Rolling Closure Areas (RCA) I 
and II and from the monkfish days-at-sea (DAS) possession limits in the 
Southern and Northern Fishery Management Areas.
    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 May 4, 2009.

ADDRESSES: You may submit written comments by any of the following 
methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#eca8add4c1dcd9dbac82838d8dc28b839a"><span class="__cf_email__" data-cfemail="490d087164797c7e0927262828672e263f">[email protected]</span></a>. Include in the subject line 
``Comments on UMES Monkfish RSA EFP.''
    <bullet> Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE 
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope ``Comments on UMES monkfish RSA EFP, DA8-057.''
    <bullet> Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by 
the University of Maryland Eastern Shore (UMES) on March 11, 2009, for 
a project selected under the New England and Mid-Atlantic Fishery 
Management Councils' Monkfish RSA Program. The purpose of the project 
is to investigate the influence of temperature on monkfish distribution 
and abundance. This EFP would grant an exemption from monkfish 
possession limits to eight vessels for the purpose of research and RSA 
harvest to fund this research project (i.e., compensation fishing).
    While conducting RSA compensation trips, the vessels would use 
gillnets that are 12-inch (30-cm) stretch mesh with a 3.5-inch (9-cm) 
diameter gauge web that is 12 meshes deep. The nets do not exceed 300 
ft (91 m) in length. Average soak times differ between vessels, with a 
range of 36 to 120 hours. Each vessel would receive two temperature and 
depth loggers to attach to gillnets during RSA fishing trips. The 
loggers would collect temperature and depth at intervals of 1 hour, and 
will be downloaded approximately every two months. Catch data (number 
and size of monkfish) from panels with probes would be recorded by 
collaborating fishermen, along with information on location, depth 
fished, water currents, and lunar cycle. UMES plans to collect 
histological samples on board the fishing vessels from a subset of 
trips for analysis of reproductive condition. Length measurements would 
be taken each trip from a minimum of 25 randomly selected monkfish from 
the nets with attached temperature probes to gain information about 
fish distribution. The smallest samples would measure 17 inches (43 cm) 
in length. Additional catch, within applicable size and possession 
limits, would be sold to help offset the costs of the research.
    Compensation fishing for this research would occur from May 2009 
through April 2010. The eight fishing industry collaborators would have 
access to 105 monkfish DAS that will be awarded to the project through 
the Monkfish RSA Program. In order to achieve the target catch to fund 
the project, these fishing activities would require an exemption from 
monkfish DAS possession limits at 50 CFR 648.94(b)(2). This exemption 
would provide these eight vessels with the flexibility they need to 
generate sufficient income to meet projected costs of the research 
activity, while minimizing operating expenses. Based on the preliminary 
award of 105 DAS, this would require a total catch of 340,046 lb 
(154,242 kg) of whole monkfish (102,424 lb (46,459 kg) tail weight). 
Operating under this total landings cap, compensation fishing would 
continue until the required goal of 340,046 lb (154,242 kg) of whole 
monkfish is met, or until the awarded DAS have been fully utilized, 
whichever occurs first. Aside from this exemption, fishing activity 
would be conducted under normal commercial practices.
    In addition, this EFP would also allow five of the eight vessels to 
fish for monkfish using gillnets inside the GOM and would require 
exemption from the restrictions of RCAs I and II that will be in effect 
during April 2009 and March 2010. It is expected that these locations, 
within the rolling closure areas, would provide access to large 
monkfish and would avoid gear interactions between the research gillnet 
gear and trawl gear. These locations also coordinate with the locations 
from previous years' research.
    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. If

[[Page 17821]]

the research project is terminated for any reason prior to completion, 
any unused funds collected from catch sold to pay for research expenses 
may be refunded to NOAA.

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

    Dated: April 13, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-8889 Filed 4-16-09; 8:45 am]
BILLING CODE 3510-22-S


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