[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]
[Page 15738-15741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-35]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG61
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 15739]]
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 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 the 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 30 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 April 9, 2008.
ADDRESSES: Comments on this notice may be submitted by e-mail. The
mailbox address for providing e-mail comments is
StudyFleetEFP@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, 1
Blackburn 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: Moira Kelly, Fishery Policy Analyst,
phone: 978-281-9218, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION: The EFP would programmatically exempt
federally permitted commercial fishing vessels from the regulations
detailed below participating in the Study Fleet Program and operating
under projects managed by the NEFSC and funded by NCRPP contracts and
Research-Set-Aside (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 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 (three vessels) and
Southern (two vessels) trawlers, with up to five additional vessels.
(2) NEFSC - Groundfish/Loligo Fleet (three vessels, up to three
additional vessels).
(3) NEFSC - University of Massachusetts School for Marine Science
and Technology (SMAST) - Cooperative Marine Education and Research
(CMER) Southern New England (SNE) Yellowtail Flounder Fleet (three
vessels).
(4) NEFSC - Gulf of Maine Research Institute (GMRI) - Monkfish
Fleet (up to five vessels).
(5) SMAST - Georges Bank (GB) Multispecies Fleet (five vessels).
A project- and vessel-specific EFP, detailing all vessels involved
in each the projects, would be granted to each vessel to facilitate
this research. The EFP 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.
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:
----------------------------------------------------------------------------------------------------------------
Discard
Discard Sampling Biological Biological Exempted
Sampling at- at-sea Sampling at- Sampling at- Regulations in
Study Fleet Project of Vessels sea days days sea days sea days 50 CFR part
(Technician) (Crew/ (Technician) (Crew/ 648
Captain) Captain)
----------------------------------------------------------------------------------------------------------------
NEFSC/NRCPP Groundfish Fleet up to 10 100 50 0 March - Sec.
April 648.83(a)(3)
samples 4- NE
6 totes multispecies
whole minimum size
haddock Possession
limits
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(j) GB
winter
flounder
----------------------------------------------------------------------------------------------------------------
NEFSC Groundfish/Loligo up to 6 60 30 60 0 All of the
above, plus,
if during
closure of
directed
fishery, Sec.
648.22(c)
Incidental
possession
limit of
Loligo
----------------------------------------------------------------------------------------------------------------
NEFSC/SMAST/CMERSNE Yellowtail 3 30 90 30 Monthly Sec.
Flounder totes at 648.83(a)(3)
least 100 NE
fish each multispecies
minimum size
Sec.
648.86(g)(1)
SNE
Yellowtail
flounder
possession
limit
----------------------------------------------------------------------------------------------------------------
[[Page 15740]]
NEFSC/GMRI Monkfish 5 80 160 80 0 Sec. 648.93
Monkfish
minimum fish
size
Sec. 648.94
Monkfish
possession
limit
----------------------------------------------------------------------------------------------------------------
SMAST GB Groundfish 5 50 0 50 0 Same as NEFSC/
NRCPP
Groundfish
Fleet Project
----------------------------------------------------------------------------------------------------------------
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 operators 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 fishingoperations. 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. The initial biological sampling program and
protocol development would focus on obtaining haddock and yellowtail
flounder samples to evaluate maturity and fecundity patterns that may
be affected by recent strong year classes. Samples of large monkfish,
large cod, and other species would be used to fill in gaps in port-
based sampling. See below for detailed descriptions of catch estimates
for each of the five Study Fleet projects. 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. 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 and 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 (3628.74 kg) per species per trip if two statistical
areas are sampled on the same trip.
Also under the NEFSC Groundfish project, GB haddock maturity and
[[Page 15741]]
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.
The NEFSC/SMAST/CMER SNE Yellowtail Flounder project would obtain
100 yellowtail flounder per month during the April through August
spawning period on three vessels, up to 1,500 fish total, followed by
non-spawning month sampling for 7 months at 25 fish per month per
vessel, for up to an additional 525 fish. The resulting length
frequency and maturity sampling would account for approximately 2,025
undersized yellowtail flounder, or 2,500 lb (1133.98 kg).
The GMRI Monkfish 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 eight 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. 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 (2177.24
kg).
The SMAST GB Groundfish project is requesting the following under
the biological sampling EFP: Up to 100 monkfish (750 lb, 340.19 kg) for
age and growth, not to exceed 20 monkfish (150 lb, 68.04 kg) per trip;
50 whole skates (150 lb, 68.04 kg), not to exceed 10 (30 lb, 13.61 kg)
per trip; and, 10 cod (100 lb, 45.36 kg), not to exceed 2 (20 lb, 9.07
kg) per trip. In addition, 100 lengths of kept fish and 100 lengths of
discarded fish of each of the following species would be collected:
Cod, winter flounder, grey sole, yellowtail flounder, haddock,
monkfish, and American plaice.
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: March 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-6009 Filed 3-24-08; 8:45 am]
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