[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Pages 27289-27291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11470]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD888


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, Greater Atlantic Region, NMFS, has made a preliminary 
determination that an Exempted Fishing Permit application submitted by 
the Northeast Fisheries Science Center contains all of the required 
information and warrants further consideration.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on Exempted Fishing 
Permit applications.

DATES: Comments must be received on or before May 28, 2015.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on NEFSC Study Fleet EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
NEFSC Study Fleet EFP.''

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, 978-282-8493, [email protected].

SUPPLEMENTARY INFORMATION: The Northeast Fisheries Science Center 
(NEFSC) submitted a complete application for an Exempted Fishing Permit 
(EFP) on March 18, 2015, to enable data collection activities that the 
regulations on commercial fishing would otherwise restrict. The EFP 
would exempt 37 federally permitted commercial fishing vessels from the

[[Page 27290]]

regulations detailed below while participating in the Study Fleet 
Program and operating under projects managed by the NEFSC. The EFP 
would exempt participating vessels from minimum fish size restrictions; 
fish possession limits; prohibited fish species, not including species 
protected under the Endangered Species Act; and gear-specific fish 
possession restrictions for the purpose of at-sea sampling and, in 
limited situations for research purposes only, to retain and land fish.
    The NEFSC Study Fleet Program was established in 2002 to more fully 
characterize commercial fishing operations and to leverage sampling 
opportunities to augment NMFS data collection programs. Participating 
vessels are contracted by NEFSC to collect tow-by-tow catch and 
environmental data, and to fulfill specific biological sampling needs 
identified by NEFSC. To collect these data, the NEFSC Study Fleet 
Program has obtained an EFP to secure the necessary waivers needed by 
the vessels to obtain fish that would otherwise be prohibited by 
regulations.
    Crew trained by the NEFSC Study Fleet Program in methods that are 
consistent with the current NEFSC observer protocol, while under 
fishing operations, would sort, weigh, and measure fish that are to be 
discarded. An exemption from minimum fish size restrictions; fish 
possession limits; prohibited fish species, not including species 
protected under the Endangered Species Act; and gear-specific fish 
possession restrictions for at-sea sampling is required because some 
discarded species would be on deck slightly longer than under normal 
sorting procedures.
    Participating vessels would also be authorized to retain and land, 
in limited situations for research purposes only, fish that do not 
comply with fishing regulations. The vessels would be authorized to 
retain specific amounts of particular species in whole or round weight 
condition, in marked totes, which would be delivered to Study Fleet 
Program technicians. NEFSC would require participating vessels to 
obtain written approval from the NEFSC Study Fleet Program prior to 
landing any fish to ensure that the landed fish do not exceed any of 
the Study Fleet Program's collection needs. None of the landed 
biological samples from these trips would be sold for commercial use or 
used for any other purpose other than scientific research.
    The table below details the regulations from which the 
participating vessels would be exempt when retaining and landing fish 
for research purposes. The participating vessels would be required to 
comply with all other applicable requirements and restrictions 
specified at 50 CFR part 648, unless specifically exempted in this EFP. 
For vessels on a sector trip, all catch of Northeast multispecies 
stocks allocated to sectors would be deducted from the sector's Annual 
Catch Entitlement (ACE). Once a sector's ACE for a stock has been 
reached, vessels would no longer be allowed to fish in that stock area, 
unless they acquired additional ACE for the limiting stock. For non-
sector vessels, all catch of Northeast multispecies stocks would be 
counted toward the appropriate quotas. Non-sector vessels would still 
be subject to applicable trimester total allowable catch (TAC) 
accountability measures, which state that when 90 percent of the 
trimester TAC for a stock is projected to be caught, the area where 
that stock is predominantly caught will close to vessels fishing with a 
specific gear type for the rest of that trimester.

                                          NEFSC Study Fleet Program EFP
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        No. of Vessels                                                 37
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Exempted regulations in 50     Size limits:
 CFR part 648.
                                  Sec.   648.83 NE multispecies minimum size.
                                  Sec.   648.93 Monkfish minimum fish size.
                                  Sec.   648.104 Summer flounder minimum fish size.
                                  Sec.   648.147 Black sea bass minimum fish size.
                               Possession restrictions:
                                  Sec.   648.86(a) Haddock.
                                  Sec.   648.86(b) Atlantic cod.
                                  Sec.   648.86(g) Yellowtail flounder.
                                  Sec.   648.86(j) Georges Bank winter flounder.
                                  Sec.   648.86(l) Zero retention of Atlantic wolffish.
                                  Sec.   648.86(o) Possession limits implemented by RA.
                                  Sec.   648.94 Monkfish possession limit.
                                  Sec.   648.106 Summer flounder possession restrictions.
                                  Sec.   648.322 Skate possession and landing restrictions.
                                  Sec.   648.145 Black sea bass possession limits.
                                  Sec.   648.235 Spiny dogfish possession and landing restrictions.
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NEFSC Study Fleet Program's Sublegal Biological Sampling Needs

    As described above, biological samples would only be landed and 
collected by the Study Fleet Program after a formal request has been 
issued in writing by the Study Fleet Program. The following are the 
Study Fleet Program's sampling needs for retaining sublegal fish.
    Windowpane flounder--whole fish would be retained for age and 
growth work to support 2015 windowpane stock assessment. Otoliths and 
fish length will be collected to validate ages using marginal increment 
analysis. Windowpane flounder retained would not exceed 40 fish per 
month from all stock areas combined (Gulf of Maine and Georges Bank 
stock) or 480 fish total for all trips. The maximum weight on any trip 
would not exceed 30 lb (13.6 kg), and total weight would not exceed 360 
lb (163.3 kg) for all trips combined.
    Atlantic wolffish--whole fish would be retained for maturity, 
fecundity, and life history research. Atlantic wolffish retained would 
not exceed 40 fish per month or 480 fish total for all trips. The 
maximum weight on any trip would not exceed 160 lb (72.6 kg), and total 
weight would not exceed 3,500 lb (1587.6 kg) for all trips combined.
    Cusk--whole fish would be retained or specimen sampled at sea by a 
Study Fleet scientist for maturity, fecundity, and life history 
research. Cusk retained would not exceed 40 fish per month or 480 fish 
total for all trips. The maximum weight on any trip would not exceed 
100 lb (45.4 kg), and total weight would

[[Page 27291]]

not exceed 1,440 lb (653.2 kg) for all trips combined.
    Atlantic halibut--specimen would be sampled at sea by a Study Fleet 
scientist for age, growth, maturity, fecundity, and diet research. 
Atlantic halibut retained would not exceed 20 fish per month or 240 
fish total for all trips. The maximum weight on any trip would not 
exceed 200 lb (90.7 kg), and total weight would not exceed 5,000 lb 
(2268.0 kg) for all trips combined.
    Monkfish--whole fish would be retained for maturity and fecundity 
research. Monkfish retained would not exceed 10 fish per trip, or 120 
fish total for all trips. The maximum weight on any trip would not 
exceed 100 lb (45.4 kg), and total weight would not exceed 1,200 lb 
(544.3 kg) for all trips combined.
    Atlantic cod--potential maturity, fecundity, bioelectrical 
impedance analysis (BIA), food habits, and genetic research. Whole fish 
retained would not exceed 200 fish per month from each of the three 
stock areas (GOM, GB, SNE/MA), or 1,200 fish total from each stock area 
for all trips. The maximum weight on any trip would not exceed 300 lb 
(136.1 kg), and total weight would not exceed 8,500 lb (3855.5 kg) for 
all trips combined.
    Barndoor Skate--whole and, in some cases, live skates would be 
retained for age and growth research and species confirmation. The 
barndoor skates retained would not exceed 20 fish per 3-month period, 
or 80 skates total for all trips. The maximum weight on any trip would 
not exceed 75 lb (34.0 kg), and total weight would not exceed 300 lb 
(136.1 kg) for all trips combined.
    Thorny Skate--whole and, in some cases, live skates would be 
retained for age and growth research and species confirmation. Thorny 
skates retained would not exceed 20 fish per 3-month period, or 80 
skates total for all trips. The maximum weight on any trip would not 
exceed 75 lb (34.0 kg), and total weight would not exceed 300 lb (136.1 
kg) for all trips combined.
    Black Sea Bass--whole fish would be retained to support of an 
ongoing study at the NEFSC to evaluate BIA to measure fish energy 
density and reproductive potential for stock assessment. Black sea bass 
retained would not exceed 75 fish per quarter, or 300 black sea bass 
total for all trips. The maximum weight on any trip would not exceed 
250 lb (113.4 kg), and total weight would not exceed 1,000 lb (453.6 
kg) for all trips combined.
    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 impact 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 6, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-11470 Filed 5-12-15; 8:45 am]
 BILLING CODE 3510-22-P