[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Notices]
[Pages 33397-33398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16009]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[ID: 052797C]


Fisheries of the Exclusive Economic Zone Off Alaska; Experimental 
Fishing Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of an Experimental Fishing Permit.

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SUMMARY: NMFS announces the issuance of an experimental fishing permit 
97-01 (EFP) to the Groundfish Forum. The EFP authorizes the Groundfish 
Forum to conduct an experiment that would systematically test the 
effects of an open-top intermediate escape panel on species and size 
composition of catch in trawls targeting flatfish. Results of the 
experiment will be used to develop methods for trawl vessels targeting 
flatfish to avoid bycatch of pollock and Pacific cod. This EFP will 
provide information not otherwise available through research or 
commercial fishing operations. The intended effect of this action is to 
promote the purposes and policies of the Magnuson-Stevens Fishery 
Conservation and Management Act.

ADDRESSES: Copies of the EFP and the Environmental Assessment (EA) 
prepared for the EFP are available from Lori J. Gravel, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802.

FOR FURTHER INFORMATION CONTACT: Kent A. Lind, 907-586-7228

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP) 
authorizes the issuance of EFPs for fishing that would otherwise be 
prohibited under existing regulations. The procedures for issuing EFPs 
are set out at 50 CFR 679.6.
    On April 15, 1997, NMFS announced in the Federal Register the 
receipt of an application for an EFP from the Groundfish Forum (62 FR 
18316). The application requested authorization for Groundfish Forum to 
test the effects of an open-top intermediate escape panel on species 
and size composition of catch in trawls targeting flatfish. The purpose 
of this research is to assist industry in developing gear modifications 
that will reduce the bycatch of groundfish (primarily pollock and 
Pacific cod) in flatfish fisheries off Alaska. This EFP will provide 
information not otherwise available through research or commercial 
fishing operations because it is not economically feasible for vessels 
to participate in an experiment of this extent and rigor during the 
short commercial fisheries.
    A statistical analysis completed by the Groundfish Forum and 
reviewed by NMFS has determined that 6 vessels fishing for a total of 
300 tows will produce a 70 percent certainty of detecting a 10 percent 
decline in groundfish catch and a 98 percent certainty of detecting a 
20 percent decline in groundfish catch. To fully complete the 
experiment, the Groundfish Forum estimates that 4,590 mt to 4,680 mt of 
groundfish may be taken by vessels participating in the experiment.
    The Groundfish Forum will set up a ``request for proposals'' (RFP) 
process whereby companies submit applications to test an open panel 
placed in the intermediate portion of the trawl that conforms to the 
general description of the device described by Rose (1995). Under the 
rules of the experiment, the performance of the experimental gear will 
be tested against a standard control gear. The control gear will be a 
net configured for yellowfin sole fishing as per current industry 
practices.
    The RFP will set out a general description of the type of trawl 
design that will be systematically tested against a control trawl gear. 
The type of gear design that will be tested against the control will be 
an ``open'' panel placed in the intermediary or intermediate (both 
terms are commonly used) portion of the trawl. The panel is effectively 
open because no net meshes are in the top portion of the net; only the 
net straps are present in the top panel portion of the net. The device 
to be tested was first developed by NMFS gear researchers (Rose 1995). 
The open panel to be tested in this experiment must be at least 16 ft 
in length (stretched mesh length) and occupy at least 40 percent of the 
intermediate portion of the test trawl net (stretched mesh basis).
    Placement and shape of the panel will be determined by the company 
making application to participate in the experiment. Other aspects of 
the net design for the test gear, as well as the control gear, will 
have to conform to standards so that the effects of the open panel can 
be discerned by the experiment. Towing speed, duration of tows, and 
other aspects of the tows made with experimental and control nets will 
be restricted for purposes of isolating the effects of the open panel.

[[Page 33398]]

    Guidelines for applications to participate in the experiment will 
be provided by the Groundfish Forum. Guidelines will include a 
description of the test and control gear as well as a statement of the 
rules that must be followed for the experiment. This information will 
be conveyed to potential applicants through a short publication written 
and distributed by the Groundfish Forum and reviewed by NMFS personnel 
associated with the experiment.
    The Regional Administrator has approved the EFP application and has 
issued EFP 97-01 to the Groundfish Forum. The EFP authorizes the 
Groundfish Forum to solicit vessel participants through the RFP process 
and authorizes the harvest of 4,700 mt of groundfish during the course 
of the experiment from July 25, 1997, through August 30, 1997, of which 
no more than 50 percent, or 2,350 mt, may be species other than 
yellowfin sole. Groundfish and PSC catch associated with this 
experiment will not be deducted from total allowable catch and PSC 
amounts specified for the 1997 groundfish fisheries.
    The Regional Administrator may terminate the experiment if 
prohibited species catch (PSC) exceeds the high-end estimates of the 
Groundfish Forum; 43.9 mt of Pacific halibut, 30,900 Chionoecetes 
bairdi crab, and 160,700 C. opilio crab. Failure of the permittee to 
comply with the terms and conditions of the EFP may be grounds for 
revocation, suspension, or modification of the EFP under 15 CFR 
600.745(b)(8) with respect to any or all persons and vessels conducting 
activities under the EFP. Failure to comply with applicable laws may 
also result in sanctions imposed under those laws.

Classification

    NMFS prepared an EA for this EFP. The Assistant Administrator for 
Fisheries, NOAA, concluded that there will be no significant impact on 
the human environment as a result of fishing under this EFP. A copy of 
the EA is available from NMFS (see ADDRESSES). The Regional 
Administrator determined that fishing activities conducted pursuant to 
this EFP will not affect endangered and threatened species or critical 
habitat under the Endangered Species Act.

References

    Rose, C.S. 1995. ``Behavior of North Pacific groundfish 
encountering trawls: applications to reduce bycatch.'' in Solving 
Bycatch: Considerations for Today and Tomorrow. Univ. of Alaska Sea 
Grant Report 96-03, pp. 235-242.
    This action is exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 13, 1997.
Gary Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-16009 Filed 6-18-97; 8:45 am]
BILLING CODE 3510-22-F