[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Proposed Rules]
[Pages 18270-18271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 648

[I.D. 032400C]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Applications for Exempted Fishing Permits (EFPs) to Conduct 
Experimental Fishing

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

ACTION: Notification of EFP proposals to conduct experimental fishing; 
request for comments.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has made a preliminary determination to issue 
EFPs to conduct experimental fishing to two vessels participating in 
separate fisheries that would permit these vessels to conduct 
operations otherwise restricted by regulations governing the fisheries 
of the Northeastern United States. The EFPs would exempt vessels from 
regulations regarding: Days-at-sea (DAS) while fishing for, retaining, 
and landing Atlantic sea scallops; fishing in the scallop closed areas; 
and limiting the vessel's scallop and bycatch harvest. Regulations 
under the Magnuson-Stevens Fishery Conservation and Management Act 
require publication of this notification to provide interested parties 
the opportunity to comment on the proposed EFP to conduct experimental 
fishing. A decision to approve or disapprove the EFPs will be made 
following the comment period.

DATES: Comments on this notification must be received on or before 5:00 
p.m., local time, on April 24, 2000.

ADDRESSES: Comments should be sent to Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark on the outside of the envelope ``Comments on 
Proposed Scallop EFP Proposals.''
    Comments also may be sent via facsimile (fax) to (978) 281-9135. 
Comments will not be accepted if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: David Gouveia, Fishery Policy Analyst, 
978-281-9280.

SUPPLEMENTARY INFORMATION: The Virginia Institute of Marine Science 
(VIMS) proposes a scallop resource depletion study in selected 
locations within the Hudson Canyon and Virginia Beach Closure Areas 
chosen in consultation with the Northeast Fisheries Science Center's 
scallop survey stations. In addition, this study proposes to collect 
information on bycatch, habitat effects, and bio-fouling of sea 
scallops. Depending on the funding available, this study may also 
attempt to use an autonomous underwater vehicle to verify tow tracks 
and habitat modifications.
    On a tow-by-tow basis, scientific staff and designated crew members 
will enumerate bycatch and estimate quantities of non-bycatch debris 
(mollusk shells) and will report on their general physical condition. 
The overall objective of the study is to assess the increased 
availability of commercial sea scallop biomass resulting from the area 
closures that commenced 2 years ago. A similar study in Georges Bank 
Closed Area II was not performed until 4 years after the closure. It is 
thought that more knowledge could be gained from a post-dredge survey 
conducted closer to the cessation of mobile gear activity.
    The survey would be conducted during the period June through July 
2000 and would employ the use of two 15-ft (4.57-m) commercial sea 
scallop dredges at 400 pre-designated stations. Sampling densities of 
approximately one station per 7.5 nm2 in the Hudson Canyon 
South Closure Area, and one station per 5.0 nm2 in the 
Virginia Beach Closure Area are proposed. Sampling density will be 
increased to one station per 5.0 nm2 on or near the edges of 
closed area boundaries. Set tow times of 10 minutes at a speed of 4.5 
knots will be used to calibrate area gear coverage (width of gear x 
length of dredge path). The dredge gear will comply with all mesh size 
and gear configuration provisions of Amendment 4 to the Atlantic Sea 
Scallop Fishery Management Plan (FMP). Therefore, no special twine-top 
configurations or rock chains will be used.
    No other species besides Atlantic sea scallops will be retained or 
landed, except for unusual specimens of interest to scientists and only 
at the discretion of the chief scientist in charge of at-sea cruise 
operations. All fishing activities conducted by the participating 
vessel must only be research activities. All commercial operations 
would be prohibited. The participating vessel would be exempt from 
regulations on scallop harvest and bycatch (50 CFR 648.52 and 648.53) 
but would be allowed to retain and land no more than 9,100 lb (4,127.76 
kg) (650 lb/day (294.84 kg/day)) of Atlantic sea scallops. It would 
also be exempt from the Atlantic Sea Scallop DAS program when fishing 
under the EFP (50 CFR 648.10). Based on this landing limit, 
participants would be required to commit a maximum of 14 days to the 
study.
    The vessel's crew will be instructed that low value sea scallops 
may not be discarded in favor of retaining high value sea scallops 
(high grading). VIMS' chief scientist is charged with monitoring all 
stages of the proposed cruise operations in support of the study 
objectives, and will ensure maximum integrity of data collection and 
organization of deck operations. The second proposal, submitted by 
Coonamessett Farm, proposes to test new gear designs to reduce 
yellowtail flounder and skate bycatch rates. The experimental dredge 
will have two modifications. The first modification adds a 10-inch 
(25.40-cm) mesh panel between the depressor plate and the dredge bale 
that will follow the angle of the depressor plate. The second 
modification adds the equivalent of an old-style locomotive cow catcher 
under the bale frame that would direct skates and flatfish above the 
bale, along the mesh panel, and over the dredge frame. The applicant 
requests one 7-day trip to the Georges Bank and South Channel sea 
scallop stock areas. The participating vessel would be allowed to 
retain up to 850 lb (385.56 kg) of scallop meats per day, not to exceed 
5,950 lb (2,698.9 kg) of scallop meats for the entire trip. An EFP 
issued to the vessel participating in the Coonamessett Farm proposal 
would exempt the vessel from the DAS restrictions (50 CFR 648.53) and 
limit the vessel's scallop and bycatch harvest (50 CFR 648.52 and 
648.53). Although the dredge gear used by Coonamessett Farm is 
modified, the changes to the dredge are within the current dredge 
specifications found in the Atlantic Sea Scallop FMP. Therefore, no 
exemption of the dredge gear is necessary.
    Coonamessett Farm and VIMS would each conduct experimental fishing

[[Page 18271]]

activities with a single commercial vessel with a Federal limited 
access Atlantic sea scallop permit. The vessels will be allowed to land 
and sell sea scallops caught during the conduct of the experiment, up 
to a maximum, which is determined based on the average scallop catch 
per DAS for the most recent 12-month period available for the Atlantic 
sea scallop stock areas.

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

    Dated: April 3, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-8667 Filed 4-6-00; 8:45 am]
BILLING CODE 3510-22-F