[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Pages 21913-21914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08659]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC597


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 
application contains all of the required information and warrants 
further consideration. This exempted fishing permit would facilitate 
compensation fishing under the monkfish Research Set-Aside Program by 
exempting vessels from monkfish days-at-sea possession limits. The 
compensation fishing is in support of a 2012 Monkfish Research Set-
Aside project that is attempting to validate monkfish aging methods. 
The project is being conducted by the University of Massachusetts, 
Dartmouth, School for Marine Science and Technology.
    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 exempted fishing permits.

DATES: Comments must be received on or before April 29, 2013.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on SMAST Monkfish RSA EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Comments on SMAST monkfish 
RSA EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management 
Specialist, 978-281-9177.

SUPPLEMENTARY INFORMATION: To conduct compensation fishing in support 
of the project, SMAST initially submitted an application for an EFP on 
April 20, 2012, requesting exemptions from the monkfish DAS possession 
limits. However, due to complications resulting from the listing of 
Atlantic sturgeon under the Endangered Species Act, an EFP was not 
issued. The applicant has since modified their EFP application by 
stating that vessels would only fish under the EFP in depths greater 
than 50 fathoms (91 m), where Atlantic sturgeon interactions are 
extremely rare. The revised application was submitted on March 18, 
2013. Twenty-five vessels have been identified by the applicant to 
conduct monkfish compensation fishing under the requested EFP. The 
vessels conducting the compensation fishing would use standard 
commercial gillnet gear.
    Monkfish EFPs that waive possession limits were first issued in 
2007, and each year thereafter through 2011. The EFPs were approved to 
increase operational efficiency and to optimize research funds 
generated from research set-aside (RSA) DAS. To ensure that the amount 
of monkfish harvested by vessels operating under the EFPs was similar 
to the amount of monkfish that was anticipated to be harvested under 
the 500 RSA DAS set-aside by the New England and Mid-Atlantic Fishery 
Management Councils, NMFS associated 3,600 lb (1,633 kg) of whole 
monkfish per RSA DAS. This amount of monkfish was the equivalent of a 
double

[[Page 21914]]

possession limit of Permit Category A and C vessels fishing in the 
SFMA. This was deemed a reasonable approximation because it is 
reflective of how the standard monkfish commercial fishery operates. 
Further, it is likely that RSA grant recipients would optimize their 
RSA DAS award by utilizing this possession limit.
    Prior to the submission of SMAST's RSA proposal, Amendment 5 to the 
Monkfish FMP was implemented. This adjusted the tail-to-whole-weight 
conversion factor from 3.32 to 2.91, which essentially reduced the 
whole weight possession limits. However, SMAST has noted that, because 
its RSA proposal and budget were developed in a manner that was 
consistent with previously approved EFPs, the request is justified. 
Therefore, if approved, participating vessels could use up to 129 DAS, 
or up to 464,400 lb (210,648.3 kg) of whole monkfish under the EFP, 
whichever limit is reached first.
    If approved, 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: April 9, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-08659 Filed 4-11-13; 8:45 am]
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