[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62368-62369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XZ19


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 EFP application from the 
University of New England (UNE) contains all the required information 
and warrants further consideration. The EFP would allow three 
commercial fishing vessels to possess spiny dogfish (dogfish) during 
Federal quota closures in support of a study on their reproductive 
biology. The Assistant Regional Administrator has also made a 
preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of the Spiny Dogfish 
Fishery Management Plan (FMP). However, further review and consultation 
may be necessary before a final determination is made.
    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 October 25, 2010.

ADDRESSES: Comments may be submitted by e-mail. The mailbox address for 
providing e-mail comments is <a href="/cdn-cgi/l/email-protection#9af4ffe8f5b4fffceadaf4f5fbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="600e05120f4e050610200e0f01014e070f16">[email protected]</span></a>. Include in the subject 
line of the e-mail comment the following document identifier: 
``Comments on UNE dogfish possession 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 UNE dogfish possession 
EFP.'' Comments may also be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, phone: 978-675-2179, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: The EFP would exempt federally permitted 
commercial fishing vessels from dogfish closures while conducting 
research for the University of New England. The EFP would temporarily 
exempt participating vessels from dogfish quota closures, in limited 
situations for research purposes only, to retain dogfish that would 
otherwise be prohibited. No dogfish will be landed for sale when the 
fishery is closed.
    The FMP implemented a semi-annual quota for the commercial dogfish 
fishery; when a semi-annual quota is projected to be harvested, NMFS 
closes the fishery until the next semi-annual quota opens. During a 
dogfish closure, no vessel may fish for or possess dogfish. A dogfish 
closure is currently in effect through October 31, 2010.
    As part of a continuing research project, UNE is investigating the 
reproductive biology of dogfish along the U.S. Atlantic coast. UNE will 
investigate previously observed regional anomalies in dogfish 
reproductive biology. Investigators from UNE aim to update information 
known on the gestation period for dogfish; in particular whether the 
current estimate of 22 months for gestation has been overestimated. 
Data from the research would provide more detailed life history 
information on dogfish that could potentially be used to fine tune 
stock assessments and management plans for dogfish in the Northwest 
Atlantic.
    The applicant would collect 150 female dogfish samples per month 
(one year total), 50 each from the Gulf of Maine (GOM), waters off New 
Jersey (NJ), and waters off North Carolina (NC). The total number of 
dogfish landed under this EFP would not exceed 1,800 individuals. 
Samples would be collected during regular commercial fishing 
operations, in areas open to commercial fishing for species other than 
spiny dogfish. Vessels would fish

[[Page 62369]]

with otter trawls that are fully compliant with applicable regulations 
and adhere to the following conditions: Possess 150 or fewer dogfish 
per trip; all live dogfish bycatch would be returned to the ocean as 
quickly as possible; no dogfish may be landed for sale; dogfish would 
not be targeted during the fishing trips.
    Participating vessels would be exempt from the spiny dogfish 
fishery closure regulations at 50 CFR 648.231 and required to comply 
with all other applicable requirements and restrictions specified at 50 
CFR part 648.
    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: October 5, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-25435 Filed 10-7-10; 8:45 am]
BILLING CODE 3510-22-P


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