[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Notices]
[Pages 9319-9321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4711]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 020599A]


Fisheries Off West Coast States and in the Western Pacific

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

ACTION: Receipt of an exempted fishing permit application; announcement 
of the window period for the selection of participants.

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SUMMARY: NMFS announces the receipt of an Exempted Fishing Permit (EFP) 
application from the Northwest Fisheries Science Center (NWFSC), NMFS. 
If awarded, the EFP will allow fishers aboard three commercial trawl 
vessels to collect depth-specific samples of fish according to NMFS' 
approved protocols. These fish will be delivered to designated ports in 
the State of Oregon where Oregon Department of Fish and Wildlife 
(ODF&W) and NMFS scientists will collect biological data that will be 
used to improve survey and stock assessments for sablefish, Dover sole, 
and thornyhead. An EFP is needed to allow the retention and sale of 
sablefish and Dover sole samples in excess of trip limits. NMFS also 
announces a 2-week window period in which interested parties may submit 
application materials that NMFS will use to select the 1999 industry 
participants. These actions are taken under the authority of the 
Pacific Coast Groundfish Fishery Management Plan (FMP).

DATES: The EFP will be effective from March 1, 1999, or as soon as 
possible thereafter, through February 29, 2000. Applications from 
interested parties must be received from February 25, 1999 to March 11, 
1999.

ADDRESSES: Submit applications to Sharon Hunt, NMFS, 2030 South Marine 
Science Drive, Newport, OR 97365. Submit comments on this action to 
Katherine King, Northwest Region, NMFS, 7600 Sand Point Way NE., Bldg. 
1, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Sharon Hunt 541-867-0307, or Cyreis 
Schmitt 206-860-3322 or 541-867-0127.

SUPPLEMENTARY INFORMATION:

I. Background

    This action is authorized by the FMP and implementing regulations 
at 50 CFR 600.745 and 50 CFR 660.350, which specify that an EFP may be 
issued to a

[[Page 9320]]

commercial fishing vessel for the purpose of collecting resource 
information in excess of current management limits, according to NMFS 
approved protocol, and that the participating vessel may be compensated 
with fish for doing so.
    At its November 2-6, 1998, meeting, the Pacific Fishery Management 
Council (Council) considered an EFP application for depth-specific 
groundfish sampling submitted by the NWFSC, NMFS. The EFP application 
represents a cooperative data collection effort among NMFS, ODF&W, and 
the groundfish industry. An opportunity for public testimony was 
provided during the November Council meeting. However, none was given. 
The Council recommended that NMFS approve the EFP application, with the 
understanding that approximately 30 mt of sablefish and 15 mt of Dover 
sole would be sampled and sold in excess of current trip limits, but 
within the allocations and optimum yields for those species.
    The purpose of this exempted fishing is to collect data on the 
seasonal distribution and biological characteristics of sablefish, 
Dover sole, and shortspine and longspine thornyhead. These crucial 
stock parameters are poorly understood at the present time. Collecting 
these data will enable NMFS to determine the most appropriate season in 
which to conduct surveys, better analyze fishery logbook data, and 
improve assumptions regarding fish stock structure and life history 
that are critical to stock assessments. An EFP is needed (1) to allow 
the participating vessels to land sablefish and Dover sole in excess of 
the normal cumulative trip limits and in excess of the ``per-trip'' 
limit for trawl-caught sablefish smaller than 22 inches (56 km) (total 
length) so that the fish may be sampled, and (2) to sell the samples of 
sablefish and Dover sole to avoid waste and to allow compensation for 
participating in the project. The objectives of this project are 
consistent with the research goals of NMFS and the Council.
    The Administrator of the Northwest Region, NMFS, has determined 
that the application contains all of the required information and 
constitutes valid exempted fishing appropriate for issuance of EFPs.

II. Project Design

    For the first year of the project, only three vessels that deliver 
to ports in the State of Oregon will be used. Oregon ports were 
selected because of the availability of trained ODF&W port samplers for 
collecting the necessary biological data. If, at any point during the 
year, a vessel cannot complete its obligation, a replacement vessel 
will be asked to collect samples. Vessels will be selected at random 
from a list of qualified applicants. Completed applications, as 
described in this notice, received during the two-week window period 
will be used to compile the list of qualified applicants. After 
completion and evaluation of the first year's work, a request to 
conduct a revised and expanded program in the year 2000 is expected.
    The quantity and composition of groundfish catches landed by the 
participating vessels are not expected to differ greatly relative to 
their normal operations. During commercial operations, fishers aboard 
the selected vessels will use predefined methods to gather samples of 
the four species of fish--nine samples of each of the four species from 
three specified depth zones in each 3-month sampling period. Therefore, 
in each of the 3-month sampling period, each vessel would bring in 108 
samples. The approximate sample sizes are as follows: 200 lb (91 kg) of 
sablefish, 100 lb (45 kg) of Dover sole, 100 lb (45 kg) of shortspine 
thornyhead, and 50 lb (23 kg) of longspine thornyhead. Sample selection 
is not expected to hinder fishing operations. Samples will need to be 
labeled and kept separate from the commercial catch. The samples will 
be delivered to a port in Oregon where NMFS or ODF&W scientists will 
collect additional scientific information. Sampling instructions will 
be provided in writing, and participating vessels will be required to 
carry a NMFS scientist during an initial training period and at any 
other time that NMFS believes it necessary.
    Sampled fish may be sold after all needed biological information is 
collected. Sablefish and Dover sole samples will not count toward the 
vessel's cumulative trip limit total or toward the trip limit for 
sablefish smaller than 22 inches (56 cm). However, shortspine and 
longspine thornyhead samples will count toward the vessel's cumulative 
trip limits. Because the vessels are under normal trip limit 
restrictions for shortspine and longspine thornyhead, cumulative trip 
limits for these species may not be exceeded. Sample fish are expected 
to be marketable after the collection of biological data, but, 
regardless of whether or not the vessel is able to sell the sample 
fish, the samples will count toward the vessel's cumulative trip limits 
or EFP limits.
    If the recommended sampling levels are achieved, over the 12-month 
sampling period, each of the three vessels is expected to provide 
samples of 21,600 lb (9.8 mt) of sablefish, 10,800 lb (4.9 mt) of Dover 
sole, 10,800 lb (4.9 mt) of shortspine thornyhead, and 5,400 lb (2.4 
mt) of longspine thornyhead. As stated above, only the sablefish and 
Dover sole samples will be above normal trip limit amounts. The total 
catch by all participating vessels will be about 30 mt of sablefish, 15 
mt each of Dover sole and shortspine thornyhead, and 7 mt of longspine 
thornyhead.

III. Minimum Qualifying Requirements

    The following criteria must be met for a vessel to be considered 
qualified for the random selection of participants.
    (1) The vessel must have an ``A'' limited entry permit with a trawl 
endorsement.
    (2) The vessel must be capable of, and equipped for, commercial 
trawling for sablefish, Dover sole, shortspine thornyhead, and 
longspine thornyhead throughout the year and in depths greater than 400 
fm.
    (3) The vessel must be capable of and equipped for measuring haul 
depth and fishing location.
    (4) The vessel owner must agree to:
    a. Provide vessel accommodations (comparable to those provided for 
the crew) for a NMFS scientist during an initial training period and at 
any other time NMFS believes it is necessary;
    b. Follow the sampling protocol provided by NMFS scientists, which 
states that samples of the four species be taken from each of the three 
depth zones (100-200 fm, 201-400 fm, deeper than 400 fm) while 
commercial fishing during each of the four sampling periods (March 1, 
1999-May 31, 1999, June 1, 1999- August 31, 1999, September 1, 1999-
November 30, 1999, and December 1, 1999-February 29, 2000), and that 
communication with NMFS and ODF&W personnel be maintained throughout 
the duration of the project;
    c. Offload sample fish in at least one of the following Oregon 
ports: (1) Astoria (including Garibaldi, Warrenton and Pacific City; 
(2) Newport (including Depoe Bay and Florence), and (3) Coos Bay/
Charleston (including Bandon, Port Orford, Gold Beach and Brookings).
    d. Provide a vessel operator for all fishing conducted under this 
permit who, since January 1, 1997, has had experience as a trawl vessel 
operator fishing for Dover sole, sablefish, and thornyheads off 
Washington, Oregon, or California during at least one trip in each 
quarter of the year and who has experience fishing for sablefish, Dover

[[Page 9321]]

sole, and shortspine and longspine thornyhead deeper than 400 fm.
    (5) The vessel must be in compliance with all required USCG 
regulations at 46 CFR part 28 pertaining to navigational systems, 
communications equipment, emergency source of electrical power, radar 
and depth sounding devices, electronic position fixing devices, 
electronic position indicating radio beacon (EPIRBs), and safety 
provisions.

IV. Announcement of Window Period and Application Process

    This document also announces a 2-week window period from February 
25, 1999 to March 11, 1999 in which applications must be received. The 
applicant must be the registered owner of the vessel named in the 
application. Applications will be screened to determine those that meet 
the minimum requirements. Applicants may be contacted by NMFS to 
clarify information in the application and to discuss the project and 
the terms and conditions of the EFP; the applicant may decline further 
consideration. The qualified applications will be separated into three 
port groups according to the area that the applicant indicated most of 
the four species will be landed. Within each port group, the final 
participant will be randomly selected. If no qualified applications are 
received for a port group, the qualified applications from the other 
ports will be pooled, and the participant will be selected at random. 
Participants will be selected and notified shortly after the close of 
the window period. If needed, replacement vessels may be randomly 
selected later in the year from the same group of qualified applicants.
    Applications must be received no later than March 11, 1999 (see 
ADDRESSES), and include the following information:

General

    (1) Vessel name, U.S. Coast Guard documentation number, radio call 
sign, Pacific Coast Groundfish limited entry permit number and gear 
endorsements.
    (2) Owner of the vessel listed in the application (hereafter 
referred to as ``vessel'') and operator(s) who would be fishing under 
this EFP;
    (3) Address, phone number, cell phone number, and fax number, if 
applicable, of vessel owner and operator;
    (4) Hull type, vessel length overall;
    (5) Number of engines, model(s), horsepower;
    (6) Because vessels may be selected depending on the port of 
landing indicated in the application, name the one area where you 
anticipate landing the majority of your sablefish, Dover sole, and 
thornyhead between March 1, 1999, and February 29, 2000. The areas are 
(1) Astoria (including Garibaldi, Warrenton, and Pacific City), (2) 
Newport (including Depoe Bay and Florence), and (3) Coos Bay/Charleston 
(including Bandon, Port Orford, Gold Beach and Brookings).
    (7) Do you intend to fish commercially for sablefish, Dover sole, 
shortspine thornyhead, and longspine thornyhead, as deep as 500 fm, 
during each of the stated sampling periods? The sampling periods are 
March 1, 1999-May 31, 1999, June 1, 1999-August 31, 1999, September 1, 
1999-November 30, 1999, and December 1, 1999-February 29, 2000.
    (8) Will you commit to following NMFS sampling protocols and to 
maintaining communications with NMFS and ODF&W personnel throughout the 
duration of this project?

V. Owner and Operator Experience

    (1) Does each operator(s) who will be fishing under this EFP have 
experience as a trawl vessel operator(s) fishing for Dover sole, 
sablefish, and thornyhead off Washington, Oregon, or California during 
at least one trip in each quarter since January 1, 1997? Briefly 
describe each operators's relevant experience.
    (2) Will vessel accommodations (comparable to those provided for 
the crew) for a NMFS scientist be provided? Briefly describe the 
accommodations that will be provided.

VI. Fishing Gear

    (1) Describe the trawl gear that will be used, including type, 
manufacturer, headrope length, footrope length, footrope type.
    (2) Describe the trawl doors that will be used, including type, 
size, and weight.
    (3) Estimate the maximum and average towing speed with the gear 
described above.
    (4) Estimate the maximum towing depth with the gear described 
above.

VII. Electronics and Survival Equipment

    (1) List the types, manufacturers, and models of radios aboard the 
vessel that are used for communications. Also describe the emergency 
power source for the communications systems, including the number of 
continuous hours of operation the system is expected to supply.
    (2) List the number and class of EPIRBs.
    (3) Describe the electronic positioning, radar, and depth sounding 
devices aboard the vessel, including type, manufacturer, model, and 
system's accuracy at measuring tow depth and fishing location. If your 
current system(s) is insufficient for this project, state whether or 
not you are willing to purchase the necessary electronics for use under 
the EFP.
    (4) State whether or not your vessel meets all applicable U.S. 
Coast Guard requirements or statutes pertaining to the safe operation 
of a vessel (46 CFR Chapter I; copy available, see ADDRESSES).
    (5) Do you agree to provide and maintain the above equipment in 
good working order while fishing under the EFP?

Certification

    State that the information in the application is accurate to the 
best of your knowledge. Sign and date the application, which must be 
received by March 11, 1999. Only the registered owner of a vessel may 
submit an application.

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

    Dated: February 19, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-4711 Filed 2-24-99; 8:45 am]
BILLING CODE 3510-22-F