[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Notices]
[Pages 40701-40702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 072398C]
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Atlantic Coast Weakfish Fishery; Exempted Fishing Permits (EFPs)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Applications for Exempted Fishing Permits (EFPs); request for
comments.
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SUMMARY: NMFS announces the receipt of four applications for EFPs. If
granted, these EFPs would authorize a Flynet Characterization Study to
be conducted by the North Carolina Division of Marine Fisheries in a
closed area south of Cape Hatteras. The four participating flynet
vessels, each with its own EFP and observer aboard, would conduct up to
12 trips over a 4-month period for a total of up to 64 trips.
DATES: Written comments on the applications must be received on or
before August 14, 1998.
ADDRESSES: Send comments to Richard H. Schaefer, Chief, Staff Office
for Intergovernmental and Recreational Fisheries (Fx2), NMFS, 8484
Georgia Avenue, Suite 425, Silver Spring, MD 20910. The applications,
related documents and copies of the regulations under which EFPs are
subject may also be requested from this address.
FOR FURTHER INFORMATION CONTACT: Thomas Meyer, 301-427-2014; FAX: 301-
427-2014.
SUPPLEMENTARY INFORMATION: These EFPs are requested under the Atlantic
Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), 16
U.S.C. 5101 et seq., and regulations at 50 CFR 697.6 concerning the
acquisition of information and data activities that are otherwise
prohibited by the regulations in this part. Since regulations under the
Atlantic Coastal Act must be consistent with the national standards set
forth in section 301 of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., EFPs
requested under the Atlantic Coastal Act need to be addressed in the
same manner as EFPs requested under the Magnuson-Stevens Act, and
regulations at 50 CFR 600.745 concerning scientific research activity,
exempted fishing, and exempted educational activity.
[[Page 40702]]
Currently, weakfish regulations at 50 CFR 697.7(a)(5) prohibit any
person from fishing with a flynet in the Exclusive Economic Zone (EEZ)
off North Carolina in a closed area as defined by this regulation. This
area was closed to flynetters in order to reduce the harvest of the
recovering weakfish stock. In addition, 50 CFR 697.7(a)(3) prohibited
the coastwide fishing for weakfish in the EEZ with a minimum mesh size
less than 3 1/4-inch (8.3 cm) square stretch mesh (as measured between
the centers of opposite knots when stretched taut) or 3 3/4-inch (9.5
cm) diamond stretch mesh for trawls.
The North Carolina Division of Marine Fisheries (NCDMF) proposes to
conduct a flynet characterization study using four flynet vessels with
a 3 3/4-inch (9.5 cm) diamond stretch mesh trawl to collect information
on the size and species composition of finfish caught in a closed area
using large mesh flynets (3 3/4-inch (9.5 cm) diamond stretch mesh) as
defined in Atlantic States Marine Fisheries Commission's (ASMFC)
Weakfish Plan Amendment 3 (Amendment 3), and at 50 CFR 697.7(a)(3). The
NCDMF will assess the effects of increasing the tail bag mesh size
restrictions on the North Carolina flynet fishery that operates south
of Cape Hatteras. This information will permit North Carolina, ASMFC,
and NMFS to properly assess the impacts of potentially reopening the
closed area to flynets with larger minimum-mesh sizes after the
management goals of Amendment 3 have been met. In addition, this study
will also determine if weakfish can avoid larger-mesh flynets in the
closed area.
The flynet fishery that historically operated south of Cape
Hatteras was a small-mesh fishery that was not constrained either by
minimum size limits on weakfish or minimum mesh sizes. Therefore, the
impact of the larger mesh trawl tailbag restrictions (3 3/4-inch (9.5
cm) diamond stretch mesh) currently in place at 50 CFR 697.7(a)(3) for
the weakfish fishery coastwide has never been tested in the closed area
south of Cape Hatteras.
Based on historical data, the finfish species that could be
harvested include weakfish, Atlantic croaker, kingfish, spot,
butterfish, and bluefish. All finfish caught under these permits will
be retained and landed in accordance with the Flynet characterization
study. Legal-sized finfish caught may be kept by the fishermen and sold
after all necessary data have been secured by representatives of the
NCDMF. No undersized finfish of any species may be sold under the EFP.
The NCDMF will supervise the disposition of all undersized finfish. All
exempted fishing trips must take place with an observer aboard the
vessel, one of which has been identified by NCDMF.
Historical information on the North Carolina flynet fishery
indicates that interaction with marine mammals and/or endangered
species is rare or non-existent. Any information gathered with regard
to the above interactions will be made available to NMFS.
Each EFP would be valid from the period December 1, 1998, to April
1, 1999, and would apply to the use of a flynet by the permitted vessel
in the closed area south of Cape Hatteras for a maximum of 12 trips
during the effective dates of the permit. NCDMF limited the number of
requests for participation in this study to one per fish company with
the owners determining which vessel will fish. The EFP applications
were submitted by the owners of the Luther Smith and Sons Seafood, Moon
Tillett Fish Company, Williams Seafood, and Susan Rose Inc. The NCDMF
would oversee the study.
Based on a preliminary review, NMFS finds that these applications
warrant further consideration. A final decision on issuance of EFPs
will depend on the submission of all required information, NMFS' review
of public comments received on the applications, conclusions of any
environmental analyses conducted pursuant to the National Environmental
Policy Act, and on any consultations with appropriate Regional Fishery
Management Councils, the ASMFC, states, or Federal agencies.
Authority: 16 U.S.C. 5101 et seq.
Dated: July 24, 1998.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 98-20391 Filed 7-29-98; 8:45 am]
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