Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31705 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ07 

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. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Northeast Region, NMFS (Assistant 

Regional Administrator), has made a 

preliminary determination that the 

subject programmatic Exempted Fishing 

Permit (EFP) application for the Study 

Fleet Program contains all of the 

required information and warrants 

further consideration. Study Fleet 

projects are managed by the Northeast 

Fisheries Science Center (NEFSC) and 

funded under Northeast Cooperative 

Research Partners Program (NCRPP) 

contracts and Research Set–Aside (RSA) 

grants to regional institutions. The 

programmatic EFP would grant 

exemptions from minimum fish size and 

possession and landing limits. However, 

further review and consultation may be 

necessary before a final determination is 

made to issue the EFP. Therefore, NMFS 

announces that the Assistant Regional 

Administrator proposes to issue a 

programmatic EFP that would allow up 

to 25 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 July 17, 2009. 

ADDRESSES: Comments on this notice 

may be submitted by e–mail to 

NERO.EFP@noaa.gov. Include in the 

subject line of the e–mail comment the 

following document identifier: 

‘‘Comments on NEFSC Study Fleet 

Programmatic 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 NEFSC Study Fleet 

Programmatic EFP.’’ Comments may 

also be sent via facsimile (fax) to (978) 

281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fishery Management 

Specialist, phone: 978–281–9165, fax: 

978–281–9135. 

SUPPLEMENTARY INFORMATION: The EFP 

would exempt 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 and funded by NCRPP 

contracts and RSA grants. The 

programmatic EFP would cover two 

tiers of exemptions. The first tier would 

exempt vessels operators and 

technicians from minimum size and 

possession limits for the time it takes to 

weigh and measure fish that would 

otherwise be immediately discarded. 

The second tier would exempt vessels 

from minimum size and possession and 

landing limits of otherwise prohibited 

fish. The programmatic EFP would 

cover the following Study Fleet projects, 

the vessels associated with such 

projects, and the study fleet technicians 

and vessel operators: 

(1) NEFSC – NCRPP Groundfish Fleet 

Northern (five vessels) and Southern (up 

to seven vessels) trawlers. 

(2) NEFSC – Groundfish/Loligo Fleet 

(two vessels). 

(3) NEFSC – Gulf of Maine Research 

Institute (GMRI) – Monkfish Fleet (up to 

five vessels). 

A project– and vessel–specific EFP, 

detailing all vessels involved in each of 

the projects, would be granted to each 

vessel to facilitate this research. The 

EFPs would specify under which 

restrictions and exemptions the vessel 

would be required to operate. The Tier 

1 EFP would specify that the retention 

of otherwise prohibited fish is 

temporary only, and fish must be 

returned to the sea as quickly as 

possible, after weighing and measuring. 

The Tier 2 EFP would specify the 

limited amounts of otherwise prohibited 

fish that could be retained and landed 

for research purposes only. The 

following table details the regulations 

that the participating vessels would be 

exempted from, and the number of at– 

sea days that vessels would be 

permitted to operate under the 

exemptions: 

NEFSC NCRPP 

Groundfish Fleet 

NEFSC Groundfish 

& Loligo 

NEFSC SNE 

Yellowtail Flounder 

NEFSC – GMRI 

Monkfish 

# of Vessels Up to 12 2 2 Up to 5 

Discard sampling at–sea days 

(w/technician) 

100 DAS 40 DAS 40 DAS 80 DAS 

Discard sampling at–sea days 

(w/o technician) 

50 DAS 20 DAS 20 DAS 160 DAS 

Biological sampling at–sea days 

(w/technician) 

N/A 40 DAS N/A 80 DAS 

Biological sampling at–sea days 

(w/o technician) 

As needed, with prior 

notice 

N/A N/A As needed, with prior notice 

31706 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

NEFSC NCRPP 

Groundfish Fleet 

NEFSC Groundfish 

& Loligo 

NEFSC SNE 

Yellowtail Flounder 

NEFSC – GMRI 

Monkfish 

Exempted regulations in 50 CFR 

part 648 

§ 648.83(a)(3) NE 

multispecies minimum 

size 

Possession limits 

§ 648.86(b) Atlantic 

cod 

§ 648.86(c) Atlantic 

halibut 

§ 648.86(e) White hake 

§ 648.86(g) Yellowtail 

flounder 

§ 648.86(j) GB winter 

flounder 

Same as NEFSC 

NCRPP Groundfish, 

plus, if during closure of 

directed fishery incidental possession limit 

of Loligo as specified at 

§ 648.25(b) 

§ 648.83(a)(3) NE multispecies minimum size 

§ 648.86(g)(1) SNE 

Yellowtail flounder possession limit 

§ 648.93 Monkfish minimum fish size 

§ 648.94 Monkfish possession limit 

Tier 1 

The first aspect of the project would 

temporarily exempt the Study Fleet 

vessels from all minimum size and 

possession limits for the time it takes to 

measure and weigh otherwise 

prohibited fish. This exemption would 

allow NEFSC to understand the issues 

that affect the accuracy of estimated 

discard weights and to improve 

analyses. The protocol under which the 

NEFSC staff and the vessel operators 

would conduct these measurements is 

not significantly different than the 

protocol currently used by NMFS– 

certified observers. Under this protocol, 

no other change to normal commercial 

fishing operations would occur. 

Initially, NEFSC or partner Study 

Fleet technicians would be onboard the 

vessels to provide data entry training 

and to observe and report on sorting and 

discarding practices under normal 

fishing operations. On some subsequent 

trips, technicians would sort, weigh, 

and measure fish that are to be 

discarded, in a method that is consistent 

with current NEFSC observer protocols. 

An exemption is required because some 

discarded species would be on deck 

slightly longer than under normal 

sorting procedures. The goal is to 

identify sorting routines that would 

minimally impact the duration of catch 

processing, and technicians would 

return the fish to the water as soon as 

possible. On other trips, the vessel 

operators and crew would be 

responsible for sorting, weighing, and 

measuring the fish that are to be 

discarded from a random number of 

tows and trips, following the established 

protocol. These crew and operators 

would be trained in the protocol by the 

NEFSC or partner Study Fleet 

technicians and would return the fish to 

the water as soon as possible. 

Tier 2 

The second aspect of the 

programmatic EFP for the Study Fleet 

would allow more in–depth biological 

sampling to occur on various ages of 

fish by exempting vessels from 

minimum size, possession, and landing 

limits of species of interest. Some of the 

biological sampling would be done by a 

Study Fleet technician during a trip, as 

available during normal commercial 

fishing operations. That is, while a crew 

member is dressing a fish for storage, 

the Study Fleet technician would collect 

the stomach and gonads of that fish for 

later research. For this tier, vessels 

would be exempted from minimum size 

requirements and possession and 

landing limits, as applicable, in very 

limited circumstances. Vessel operators 

on specified trips, using marked totes, 

would collect fish to be provided to the 

NEFSC for biological sampling only. 

Project–specific biological sampling 

to obtain maturity, fecundity, age, and 

growth data would require a separate 

EFP for possession and sampling of 

species of interest, including undersized 

individuals, possibly in excess of trip 

limits, where samples may be processed 

at sea or retained for delivery to 

research facilities on shore by the Study 

Fleet vessels. The current interest in 

enhanced biological sampling is in 

response to initial Study Fleet goals 

endorsed by the NCRPP and the New 

England Fishery Management Council’s 

Research Steering Committee. See below 

for detailed descriptions of catch 

estimates for each of the three Study 

Fleet projects with biological sampling 

protocols. A small number of live fish 

would also be collected to support 

laboratory studies in survival. 

Sampling would be done by NEFSC or 

partner Study Fleet technicians and by 

trained crew members. On trips where 

the technicians would be on board, 

standard NEFSC sampling protocols 

would be followed. None of the landed 

biological samples from these trips 

would be sold into the food market. On 

trips where technicians would not be on 

board, select vessel operators or crew 

would separate fish to be sampled by 

technicians in port. The EFP for 

biological sampling would allow 

fishermen to retain specified amounts of 

specific species in whole or round 

weight condition, including some 

undersized individuals, in marked totes, 

which would be delivered to Study 

Fleet technicians or local NMFS port 

agents for enumeration and 

measurement. It is anticipated that these 

whole fish may cause a vessel to exceed 

a regulatory trip limit. The EFP would 

exempt the vessels from the trip limits 

in limited situations so that the vessel 

is not disadvantaged when collecting 

biological samples. 

NMFS would receive advance 

notification of specific plans for 

retention under this EFP. This 

notification would provide the vessel 

name and vessel operator, the number of 

marked totes that would be delivered, 

an estimate of the number of undersized 

individuals that would be retained, and 

an estimated time frame for the 

sampling trips. The amount of fish 

delivered to the Study Fleet technicians 

would not exceed five totes, or 700 lb 

(317.51 kg) per trip. Vessels fishing 

under this EFP would be required to call 

into the Interactive Voice Response 

system to identify the trip, following the 

standard EFP protocol. Each of the 

biological sampling projects is detailed 

below. Please see the table above for 

details on the regulations that would be 

exempted. 

The NEFSC Groundfish and 

Groundfish/Loligo projects would 

involve sampling seven species on a 

maximum of 20 trips with technicians 

aboard. This sampling would not affect 

trip limits because the undersized fish 

would be discarded at sea. The 

estimated maximum discard weight of 

sampled sub–legal fish is 4,000 lb 

(1,814.37kg) per species per trip (100 

lengths X 20 trips = 2,000 individuals X 

mean weight of 2 lb (0.91 kg) = 4,000 lb 

(1,814.37 kg) per species), not to exceed 

8,000 lb (3,628.74 kg) per species per 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31707 

trip if two statistical areas are sampled 

on the same trip. 

Also under the NEFSC Groundfish 

project, Georges Bank (GB) haddock 

maturity and fecundity data would be 

collected. NEFSC is requesting an EFP 

to collect one tote of undersized 

haddock for sampling. The vessels 

would deliver up to five totes of fish 

(600 lb, 272.16 kg), four of which would 

contain legal sized fish, and one of 

which would contain undersized fish. 

The fish would be whole and iced. The 

total amount of GB haddock that would 

be authorized under this EFP would not 

exceed 1,300 lb (589.67 kg). NEFSC staff 

would meet the captain at the dock to 

collect the fish. None of the fish would 

be sold into the food market. 

For the GMRI Monkfish project, 

fishermen would report their entire 

catch, kept and discarded, on one trip 

every 2 weeks during the 8 month study 

period, for a total of between 160 and 

200 Days At Sea (DAS). The project 

would require the biological sampling 

EFP to allow fishermen to retain the 

entire monkfish catch on the last tow for 

two trips per month for 8 months on 

five vessels, resulting in 80 separate 

samples, not to exceed 550 lb (249.48 

kg) of monkfish per sample. Each 

sample would be delivered to a GMRI 

sampler who would separate legal and 

undersized fish, weigh each portion and 

sub–sample for length frequencies and 

other biological information. Legal sized 

fish would be allowed to be sold by the 

vessel, but undersized fish would be 

retained by GMRI. It is estimated that 

the amount of undersized fish for the 80 

samples would not exceed 4,800 lb 

(2,177.24 kg). 

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: June 26, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–15676 Filed 7–1–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XQ13 

Western Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings and 

hearings. 

SUMMARY: The Western Pacific Fishery 

Management Council (Council) will 

hold its Fisheries Data Coordinating 

Committee (FDCC), 101st Scientific and 

Statistical Committee (SSC) and 145th 

Council meetings to take 

recommendations and action on fishery 

management issues in the Western 

Pacific Region. 

DATES: The FDCC will be held on July 

19, The 101st SSC Meeting will be held 

on July 20–22, 2009 and the 145th 

Council meeting will be held on July 

22–25, 2009. All meetings will be held 

in Kona, HI. For specific times and 

agendas, see SUPPLEMENTARY

INFORMATION. 

ADDRESSES: The SSC and Council 

meetings will be held at the King 

Kamehameha’s Kona Beach Hotel, 75– 

5660 Palani Road, Kailua-Kona, HI 

96740; telephone: (808) 329–2911. 

FOR FURTHER INFORMATION CONTACT: 

Kitty M. Simonds, Executive Director; 

telephone: (808) 522–8220. 

SUPPLEMENTARY INFORMATION: In 

addition to the agenda items listed here, 

the SSC and Council will hear 

recommendations from Council 

advisory groups. Public comment 

periods will be provided throughout the 

agendas. The order in which agenda 

items are addressed may change. The 

meetings will run as late as necessary to 

complete scheduled business. 

Schedule for FDCC Meeting: 

Sunday, July 19, 2009, 10 a.m. - 5 p.m. 

Schedule and Agenda for 101 SSC 

Meeting: 

Monday, July 20, 2009, 8:30 a.m. - 5 

p.m. 

1. Introductions 

2. Approval of Draft Agenda and 

Assignment of Rapporteurs 

3. Status of the 100th SSC Meeting 

Recommendations 

4. Report from the Pacific Islands 

Fisheries Science Center (PIFSC) 

5. Program Planning 

A. Recommendations on Fishing 

Regulations for Pacific Monuments 

(Action Item) 

B. Instituting Limited Access Privilege 

Programs (LAPPs or Catch Shares) for 

the Western Pacific Region 

C. PIFSC Coral Reef Ecosystem 

Division (CRED) Surveys 

1. Review of CRED Survey 

Methodologies 

2. Modifications to CRED Surveys 

D. Vulnerability Evaluation Working 

Group Final Report 

E. Research 

1. Five-Year Research Priorities 

F. Public Comment 

G. Discussion and Recommendations 

6. Insular Fisheries 

A. Hawaii Archipelago 

1. Recommendations for Hancock 

Groundfish Moratorium (Action Item) 

2. Western Pacific Stock Assessment 

Review (WPSAR) Stock Assessment 

Review 

3. Recommendations on Main 

Hawaiian Islands (MHI) Bottomfish 

Total Allowable Catch (TAC) (Action 

Item) 

4. Recommendations on MHI 

Bottomfish LAPP (Action Item) 

B. American Samoa Archipelago 

1. Fagatele Bay National Marine 

Sanctuary Coral Recovery 

C. Setting Allowable Biological 

Catches (ABCs) for Insular Stocks 

D. Public Comment 

E. Discussion and Recommendations 

Tuesday, July 21, 2009, 8:30 a.m. - 5 

p.m. 

7. Pelagic Fisheries 

A. Recent Changes at the Top and 

Bottom of the North Pacific Pelagic 

Ecosystem 

B. Preliminary Oceanographic 

Characterization of Ocean Slicks off 

Kona 

C. Longline Management 

1. Update on Hawaii Shallow-set 

Fishery 

2. Tuna Quota Management 

a. Update on 2009 Longline and Purse 

Seine Tuna Quota 

b. Recommendations on Tuna Quota 

Management (Action Item) 

3. Recommendations on Tuna Quota 

Monitoring (Action Item) 

D. Non-Longline Management (Action 

Item) 

1. Recommendations on Cross 

Seamount/NOAA Weather Buoy Fishery 

Limited Entry Program & New Control 

Date