[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32375-32376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12866]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC551
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 32376]]
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 exempt
vessels from monkfish days-at-sea possession limits to commercially
harvest monkfish during compensation fishing in support of a project
funded under the Monkfish Research Set-Aside Program. The primary goal
of the research is to determine if monkfish constitute a single or
multiple stocks over their coast-wide distribution and would be
conducted by the Cornell Cooperative Extension of Suffolk County Marine
Program.
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 June 14, 2013.
ADDRESSES: You may submit written comments by any of the following
methods:
Email: [email protected]. Include in the subject line
``Comments on CCE 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 CCE monkfish RSA
EFP.''
Fax: (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, 978-281-9177.
SUPPLEMENTARY INFORMATION: The Cornell Cooperative Extension (CCE) was
awarded 371 days-at-sea (DAS) under the 2012 Monkfish Research Set-
Aside (RSA) Program. The primary goal of the study is to determine if
monkfish constitute one or more stocks over their coast-wide
distribution. CCE is using a genetic approach with microsatellite DNA
analysis. Biological samples are being collected throughout the
monkfish range. The vessels are using standard commercial gear and are
landing monkfish for sale, but the sampling locations are determined by
CCE. The research is being conducted under normal monkfish commercial
fishing practices. Thirty vessels have been identified by the
researcher to conduct compensation fishing under the exempted fishing
permit (EFP).
To conduct compensation fishing in support of the project, CCE
submitted a complete application for an EFP on April 17, 2012,
requesting exemptions from the monkfish DAS possession limits. However,
due to the complications resulting from the Endangered Species Act
listing of Atlantic sturgeon, an EFP for the project was not approved.
To mitigate concerns with Atlantic sturgeon, the applicant modified its
EFP application to only conduct compensation fishing in offshore waters
and submitted a modified application on March 5, 2013. The modified EFP
was approved on May 21, 2013, which authorized participating vessels to
fish seaward of 50 fathoms, where Atlantic sturgeon interactions are
extremely rare.
However, during the EFP review process, the Northeast Fisheries
Science Center published an updated analysis on Atlantic sturgeon
abundance estimates, which are substantially higher than previous
estimates (Kocik et al. 2013).\1\ As a result, the applicant is now
requesting that vessels operating under the EFP not be limited to
waters deeper than 50 fathoms. This revision would allow compensation
fishing to be conducted throughout the entire monkfish range where
monkfish fishing is allowed.
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\1\ Kocik J., Lipsky C, Miller T, Rago P, Shepherd G. 2013. An
Atlantic Sturgeon Population Index for ESA Management Analysis. U.S.
Dept Commer, Northeast Fish Sci Cent Ref Doc. 13-06; 36 p. Available
from: National Marine Fisheries Service, 166 Water Street, Woods
Hole, MA 02543-1026, or online at: www.nefsc.noaa.gov/nefsc/publications/.
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The revised EFP would exempt vessels from monkfish DAS possession
limits in the Northern and Southern Monkfish Fishery Management Areas.
Category F vessels would be charged monkfish RSA DAS at a higher pro-
rated rate of 2.909:1 RSA DAS for Category A and C vessels and 3.555:1
RSA DAS for Category B and D vessels, consistent with the Monkfish
Fishery Management Plan.
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 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 Fishery Management Council, NMFS has used
3,600 lb (1,633 kg) of whole monkfish per RSA DAS. This amount of
monkfish was the equivalent of a double possession limit of Permit
Category A and C vessels fishing in the SFMA. This was deemed a
reasonable approximation because it was reflective of how the standard
monkfish commercial fishery operates. It is likely that RSA grant
recipients optimize their RSA DAS award by utilizing this possession
limit.
CCE developed its RSA proposal and budget in a manner that was
consistent with previously approved EFPs. However, prior to submission
of the RSA proposal, NMFS implemented Amendment 5 to the Monkfish FMP.
Amendment 5 adjusted the tail-to-whole-weight conversion factor from
3.32 to 2.91, which essentially reduced the whole weight possession
limits. Because this project was originally awarded DAS in fishing year
2012 and the budget was designed using 3,600 lb (1,633 kg) per DAS, the
EFP, if approved, would allow this project to continue operating under
this limit until the project's conclusion on April 30, 2014. This
project was awarded 371 DAS. Therefore, participating vessels could use
up to 371 DAS, or catch up to 900,000 lb (408,233 kg) of whole
monkfish, or fish under the EFP until April 30, 2014, whichever comes
first.
When applicable, or as required by the regulations, participating
vessels may also concurrently use Northeast multispecies DAS while
conducting monkfish compensation fishing. All catch of Northeast
multispecies would be accounted for under applicable Northeast
multispecies quotas.
If approved, the applicant may request minor modifications to the
EFP throughout the year. EFP modifications 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: May 24, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-12866 Filed 5-29-13; 8:45 am]
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