Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 65534-65535 [2012-26548]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65534-65535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26548]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[0648-XC242]


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 a commercial fishing vessel 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 13, 2012.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: nero.efp@noaa.gov. Include in the subject line 
``Comments on REDNET EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, NE 
Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark 
the outside of the envelope ``Comments on REDNET EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management 
Specialist, 978-675-2153, Brett.Alger@noaa.gov.

SUPPLEMENTARY INFORMATION: The School for Marine Science and 
Technology, University of Massachusetts, Dartmouth (SMAST), submitted a 
complete EFP application on September 5, 2012, to conduct a redfish 
trawl codend selectivity experiment. This is the third of six 
components for ``REDNET: A Network to Redevelop a Sustainable Redfish 
(Sebastes fasciatus) Trawl Fishery in the Gulf of Maine'', which is 
funded by the Northeast Fisheries Science Center's (NEFSC) Cooperative 
Research Program. The overall objective of REDNET is to develop gear 
type(s), seasons, and/or area combinations to efficiently harvest the 
redfish resource in the Gulf of Maine (GOM) to maximize the long-term 
benefits while minimizing negative impacts, thereby providing a means 
to achieve the annual catch limit (ACL) for a rebuilt, but largely 
inaccessible, redfish resource. The REDNET project includes the 
following components: (1) Network development; (2) baseline catch and 
bycatch evaluation; (3) codend selectivity; (4) conservation

[[Page 65535]]

engineering and bycatch reduction; (5) process and marketing; and (6) 
outreach and implementation. Components one and two have been 
completed.
    REDNET investigators were issued an EFP in support of component 
two, which authorized the use of a 4.5-in (11.4-cm) mesh codend to 
establish a baseline for target catch and bycatch in a targeted redfish 
fishery (see the Notice and Request for Comments from March 8, 2011 (76 
FR 12716)). This EFP, which would be in support of component three of 
the project, would enable investigators to evaluate different codend 
mesh sizes in an effort to identify the optimal mesh size to 
selectively harvest legal-size redfish, as well as perform catch 
sampling activities. To execute the study, the participating vessel 
would need to be exempt from the following FMP regulations: NE 
multispecies minimum fish size for redfish specified at Sec.  
648.83(a); and minimum mesh size of 6.5 in (16.6 cm) for multispecies 
vessels fishing in the GOM specified at Sec.  648.80(a)(3)(i). In 
addition, vessels would be exempt from the following regulations for 
all remaining large-mesh and small-mesh groundfish species, for 
sampling purposes only: Minimum fish size restrictions; fish possession 
limits; species quota closures; possession of prohibited groundfish 
species; and gear-specific fish possession restrictions. All non-
compliant fish would be discarded as soon as practicable following data 
collection. No fish below the minimum size would be landed.
    Tows would be made using the trouser trawl method which consists of 
a regular trawl's front end (including sweep, fishing line and 
headline) and a trouser section, which leads to two separate side-by-
side codends. The applicants propose to assess codend selectivity by 
testing three codend mesh sizes. The test codend would use mesh sizes 
of either 4.5 in (11.4 cm), 5.5 in (14.0 cm), or 6.5 in (16.6 cm), and 
the control codend would use mesh sizes 2 in (5.1 cm) to 2.25 in (5.7 
cm). The test and control codends would be switched regularly between 
port and starboard to reduce possible side effects, rather than keeping 
the test codend on the same side of the vessel for all tows.
    The vessel would conduct sea trials from early November 2012 to 
April 30, 2013, with a total of 18 sea-days (three 6-day trips 
including steaming time). The vessel expects to make seven tows on each 
of the 12 actual fishing days. The research activity would occur in the 
middle of the GOM, outside of closed areas, on known redfish 
concentrations, in statistical areas 513, 514, 515, 521, and 522. The 
trawl net would be towed at typical fishing speed of approximately 3.2 
kts, and the duration of each tow would depend primarily on the amount 
of fish in the net, rather than time. Acoustic gear monitoring devices 
would be used during trials to measure the performance of the gear and 
ensure constant geometry of the trawl's front end.
    SMAST/Massachusetts Division of Marine Fisheries (DMF) technical 
staff, students, and/or qualified at-sea monitors contracted by SMAST/
DMF would be on board the vessel for each trip and would document all 
catch and by catch encountered following NE Fishery Observer Program 
protocols. About 70 to 100 fish per codend per tow would be measured 
for both redfish and/or other groundfish species. Sampling work would 
occur during normal fishing operations and the exemptions for this EFP, 
if authorized, would not be expected to change vessel fishing behavior. 
Therefore, it is highly unlikely that this EFP would cause any impact 
to the physical environment/essential fish habitat, non-sampled 
species, or protected resources. All marine mammal and turtle 
interactions would be noted and released, and all corals would be noted 
and samples kept for further identification and assessment. Codend and 
control catch data would be analyzed using established methods proposed 
by the International Council for the Exploration of the Seas in their 
Manual of Methods of Measuring the Selectivity of Towed Fishing Gears.
    All catch of stocks allocated to sectors by the vessel would be 
deducted from the sector's annual catch entitlement for each NE 
multispecies stock, including redfish. Specifically, NMFS would apply 
the sector assumed discard rate to fishing trips by the vessel 
participating under this EFP, whether the recorded discard rates from 
the experimental fishing are higher or lower than the assumed discard 
rate of the sector. The participating vessel would be required to 
comply with all other applicable requirements and restrictions 
specified at 50 CFR part 648, unless specifically exempted in this EFP.
    If approved, 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.
    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 24, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-26548 Filed 10-26-12; 8:45 am]
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