[Federal Register Volume 75, Number 210 (Monday, November 1, 2010)]
[Notices]
[Pages 67083-67084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27534]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0684-XZ34


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, has made a preliminary determination 
that the subject exempted fishing permit (EFP) application contains all 
the required information and warrants further consideration. The 
subject EFP would allow commercial fishing 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 November 16, 2010.

ADDRESSES: Comments may be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#703e35223f5e353620301e1f11115e171f06"><span class="__cf_email__" data-cfemail="88c6cddac7a6cdced8c8e6e7e9e9a6efe7fe">[email protected]</span></a>. 
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 the SNE Flatfish Discard Mortality EFP.'' Comments may 
also be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Melissa Vasquez, Fishery Policy 
Analyst, (978) 281-9166, fax (978) 281-9135.

[[Page 67084]]


SUPPLEMENTARY INFORMATION: An EFP is being requested for one vessel 
participating in the Southern New England (SNE) Flatfish Discard 
Mortality Study conducted by the University of Massachusetts, 
Dartmouth, School for Marine Science and Technology (SMAST) Cooperative 
Marine Education and Research program. The primary objective of this 
study is to assess the effects of different stressors on the mortality 
of flatfish discarded in SNE and Mid-Atlantic trawl fisheries. The 
researchers would conduct field and lab observations of flatfish 
captured during regular commercial fishing operations for Reflex Action 
Mortality Predictors (RAMP) under different stressors to assess the 
discard mortality rates of five flatfish stocks: SNE yellowtail 
flounder; SNE winter flounder; summer flounder; northern windowpane 
flounder; and southern windowpane flounder. In addition, the applicants 
would use the results of their study to assess the use of RAMP in 
estimating the mortality of each species within the flatfish complex.
    The study would be conducted aboard one commercial fishing vessel 
in the SNE and Mid-Atlantic mixed trawl fishery, beginning the date of 
issuance of the EFP and continuing for a full year. The vessel would 
utilize otter trawl gear with gear configuration and mesh size dictated 
by current fishery regulations. SMAST technicians and/or commercial 
fishermen would collect 100 fish of each species per month, during 
regular commercial fishing operations, for a maximum catch of 6,000 
fish over the course of the 12-month study (Table 1). Fish would be 
placed in oxygen-enriched seawater tanks and, upon landing, be 
transported live to the SMAST seawater lab facility for testing. Fish 
collected for laboratory observation would not be sold. The applicant 
has requested an exemption from NE multispecies possession restrictions 
for SNE yellowtail flounder, and SNE winter flounder and windowpane 
flounder, at Sec. Sec.  648.86(g)(1) and 648.86(l), respectively, in 
order to land the live specimens in excess of possession limits. The 
applicants have also requested an exemption from NE multispecies 
minimum fish sizes at Sec.  648.83 and the summer flounder minimum fish 
size at Sec.  648.103(a), in order to test a representative sample of 
the age composition of flatfish.

                     Table 1--Estimated Sample Size
------------------------------------------------------------------------
                                          Number of fish/ Number of fish
                 Species                       month           total
------------------------------------------------------------------------
SNE Yellowtail Flounder.................             100            1200
SNE Winter Flounder.....................             100            1200
Summer Flounder.........................             100            1200
Northern Windowpane Flounder............             100            1200
Southern Windowpane Flounder............             100            1200
------------------------------------------------------------------------

    The participating vessel is enrolled in Northeast Fishery Sector V 
for the 2010 fishing year, which has received a SNE yellowtail flounder 
annual catch entitlement (ACE). Consistent with the regulations at 
Sec.  648.87, the participating vessel is currently exempt from trip 
limits on this stock, but would not be exempt from any sector 
requirements, including at-sea and dockside monitoring of sector trips 
and full retention of legal-sized fish of allocated stocks, while 
fishing under this EFP. In addition, all catch of allocated stocks by 
the sector vessel on a sector trip, while participating in the EFP, 
would count toward the sector's ACE, and the vessel's sector must have 
ACE of all stocks in the area the vessel intends to fish a sector trip. 
The vessel would be required to report research catch landed that is of 
legal size separate from that of sub-legal size, on their Vessel Trip 
Reports (VTRs). The vessel's sector manager would be notified to 
include legal-sized research landings from the VTRs in their ACE 
accounting, in addition to the vessel's dealer-recorded landings.
    In addition to retaining fish for laboratory observation, 
technicians would observe a minimum of 100 fish of each species on 
commercial fishing trips for RAMP before they are discarded at-sea. The 
applicants would require a temporary exemption from the summer flounder 
commercial minimum fish size restriction at Sec.  648.103(a), the NE 
multispecies minimum fish size restrictions at Sec.  648.83, and the NE 
multispecies possession restrictions at Sec. Sec.  648.86(g)(1) and 
648.86(l), for the time period when trained technicians or crew are 
sampling fish. To ensure that monthly sampling is not disrupted, the 
applicants have also requested vessels be exempt from the summer 
flounder closure specified at Sec.  648.101(a) for the purposes of 
collecting the 100 live specimens of each species each month.
    The applicants may request minor modifications and extensions to 
the EFP throughout the course of research. EFP modifications and 
extensions may be granted without further public notice if they are 
deemed essential to facilitate completion of the proposed research and 
result in only a minimal change in the scope or impacts of the 
initially approved EFP request. If an extension is requested that goes 
beyond the fishing year, it is required to go through the publication 
process again.
    In accordance with NAO Administrative Order 216-6, a Categorical 
Exclusion or other appropriate National Environmental Policy Act 
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 
the public comment period.

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

    Dated: October 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-27534 Filed 10-29-10; 8:45 am]
BILLING CODE 3510-22-P


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