[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]
[Page 38987-38988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-45]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI83
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 submitted by the University of New England (UNE) and
the New England Aquarium (NEA) 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 Northeast (NE) Skate Complex and NE Multispecies
Fishery Management Plans (FMPs). 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 two commercial fishing vessels to conduct fishing operations that
are otherwise restricted by the regulations governing the fisheries of
the Northeastern United States. This EFP, which would enable
researchers to study the immediate and short-term post-release
mortality of skates, would grant exemptions from the regulations as
follows: Retaining, possessing, or landing prohibited skate species,
and skate possession limits for sampling purposes.
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 23, 2008.
ADDRESSES: You may submit written comments by any of the following
methods:
Email: DA8-145@noaa.gov. Include in the subject line
``Comments on UNE/NEA skate bycatch mortality EFP.''
Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the
outside of the envelope ``Comments on UNE/NEA skate bycatch mortality
EFP, DA8-145.''
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 on
June 12, 2008, by Dr. James Sulikowski, from the Marine Science Center
of UNE, for a project funded by the NOAA Saltonstall-Kennedy Grant
Program. The primary goal of this project is to provide data to
determine the immediate and short-term survivability of winter, smooth,
little, and thorny skates. This research could provide valuable
information for future skate management objectives. Results will be
provided to the Northeast Fisheries Science Center and the New England
Fishery Management Council. Researchers will also disseminate
[[Page 38988]]
results to a public audience at the NEA to increase awareness of skate
conservation.
Since the stocks of these species are at or near overfished biomass
thresholds, and winter and little skates are subject to directed
fisheries, research on bycatch mortality of these species is needed. In
order to conduct this research, the principal investigators have
requested an exemption from possessing and handling prohibited skate
species. Additionally, an exemption from skate possession restrictions
would authorize project investigators to temporarily possess fish for
scientific data collection purposes prior to returning all fish to the
sea.
Two vessels would each conduct 50 trips in conjunction with
commercial days-at-sea (DAS) trips, with one vessel fishing with
commercial otter trawl gear and the other fishing with commercial
gillnets. Both vessels would use standard commercial gear. Tows would
vary in time among 30, 60, and 120 minutes to account for variations in
tow duration that occur under normal fishing conditions. Gillnet soak
times would vary but not exceed 24 hr. Two fishing trials would be
conducted. The first would occur from September through November 2008.
The second would occur from March through May 2009. Research would
occur in the inshore and offshore waters off of New Hampshire and
southern Massachusetts. These areas support the vast majority of skate
landings that can also be accessed during normal fishing operations.
All fishing would occur as day trips, and no fishing would occur in
closed areas or during rolling closures. Only winter, thorny, smooth
and little skates would be used for scientific research purposes.
Northeast multispecies would be landed and sold, up to the current DAS
possession limits.
The researchers propose fishing a total of 100 sea days; 50 days
fishing with gillnet gear and 50 fishing with trawl gear. In other
words, each vessel would fish for 25 days during each of the 2 trials
(fall and spring). The objective is to assess at least 300 specimens of
each of the 4 skate species per season, for a total 1,200 specimens per
season, and 2,400 specimens for the entire project. The researchers
plan to stagger trials in order to both deploy and retrieve pens on a
given day, thus maximizing the number of trials that can be conducted
in the proposed number of sea days.
In order to identify possible influences on discard mortality, the
following variables would be recorded: Deck-time, season (fall,
spring), depth of fishing, air and bottom seawater temperatures,
estimated weight of catch, the total length and gender of skates, and
handling techniques (e.g., picked or not picked; duration of deck
exposure). When catch is hauled aboard, all skates would be tagged with
spaghetti tags. Skates would either be immediately placed into a live
well by one of the handling methods (without a pick or with a pick) or
remain on the deck for 15 and 30 minutes before being transferred to
live wells. While in the wells, specimens would be visually assessed.
Any specimens that die prior to placement within a net pen would be
placed on ice for subsequent necropsy.
Viable skates would be placed in experimental holding pens to be
submerged and deployed to the seafloor for 72-hour trials. A total of 8
net pens would be used, with 20 to 40 skates in each pen. The modified
basic shape would form a three-dimensional hexagon with each of the six
rectangular sides measuring 5 ft (height) x 6 ft (length). Two PVC
skeletons would be used for the bottom and top of each pen. Six
vertical sections 5 feet in height would support the structure. The
netting covering the pen would consist of 3 or 4-inch diamond mesh
tetra twine. The base of each pen would be filled and weighted down
with a heavy composite and would be affixed to the seafloor by 2 or 3
40-pound mushroom anchors to reduce the likelihood of pen rollover.
Pens would be maneuvered in the water column using bridles secured to
whale-safe swivels connected to a main tag line. Each pen would be
marked at the surface with a highflyer and buoy.
In order to conduct control trials, UNE proposes to capture a few
skates by handlines. If it proves to be unfeasible to capture enough
skates by this method to make a statistically robust number of trials,
vessels would conduct abbreviated trawls (e.g., 5-minute tows) to
obtain minimally stressed controls.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-15375 Filed 7-7-08; 8:45 am]
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