[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Proposed Rules]
[Page 52404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22068]



[[Page 52404]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 082100A]


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

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

ACTION:  Notification of a proposal for EFPs 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 operations otherwise restricted by 
the regulations governing the fisheries of the Northeastern United 
States. A delegation of the City of Gloucester (Gloucester delegation) 
comprising State Representatives, the Mayor's Office, local industry 
members, the Gloucester Fisheries Commission, and the Massachusetts 
Fisheries Recovery Commission, requested the issuance of EFPs to 
conduct a 3-month pilot study beginning October 1, 2000. This request 
warrants further consideration. The EFPs would allow commercial vessels 
to enter into Gloucester Harbor with overages of haddock (Melanogrammus 
aeglefinus) to seek refuge from unsafe weather conditions. These 
vessels will be allowed to anchor or moor in Gloucester Harbor until 
the vessel operator determines that it is safe to continue fishing, or 
until they are within the allowed possession limit (5,000 pounds per 
day-at-sea (DAS)).
     It is anticipated that participation in this program would be 
dictated by the following factors: the vessel owner's assessment of his 
or her vessel's ability to weather unsafe conditions (for example, wind 
or sea state), high catch rates of haddock preceding what is deemed by 
vessel operators as unsafe weather conditions, and the vessel's 
proximity to Gloucester Harbor.
    Regulations under 50 CFR Sec.  600.745 require publication of this 
notification to provide interested parties the opportunity to comment 
on the proposed experimental fisheries.

DATES:  Comments on this notification must be received by September 13, 
2000.

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

FOR FURTHER INFORMATION CONTACT:  Bonnie Van Pelt, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: In a meeting held on July 21, 2000, between 
representatives of the NMFS and the Gloucester delegation, a safety 
issue was identified through accounts by fishermen. In the haddock 
fishery, the landing limit for Georges Bank increases on October 1, a 
time when the chance of severe weather increases (presumably October 
through April). Fishermen indicate that vessels may quickly bring on 
board large quantities of haddock that exceed the landing limits as 
determined by actual multispecies days-at-sea (DAS) fished to that 
point. Since regulations do not allow vessels to enter port with catch 
overages, fishermen commonly wait at sea for the appropriate DAS time 
to expire to allow the full catch to be landed. While waiting at sea, 
unsafe weather conditions may develop. There have been a few past 
reports where fishermen stated that they were forced to discard excess 
haddock catch at sea in order to seek shelter in Gloucester Harbor from 
hazardous weather conditions and comply with landing regulations. To 
avoid discarding haddock, vessels may consider remaining at sea during 
unsafe weather conditions.
    NMFS proposes to conduct a 3-month pilot study, beginning on 
October 1, 2000, that would allow, as determined by the vessel 
operator, a vessel fishing for haddock on Georges Bank to anchor or 
moor (not dock) in Gloucester Harbor, until the vessel operator 
determines that it is safe to resume fishing activities or land the 
allowed possession limit of haddock.
    Upon his/her own determination that weather conditions are unsafe, 
the vessel operator will be required to contact the Gloucester Station 
of the United States Coast Guard (USCG) with his or her intention to 
move their vessel into Gloucester Harbor, and must then notify the USCG 
when they have set anchor at a safe location. Further notification is 
required when the vessel operator decides to return to sea, move to 
another location in the Harbor, or travel to another port to land 
haddock upon completion of the trip. While anchored in Gloucester 
Harbor to wait out hazardous weather conditions, vessels are prohibited 
from loading on or off fish, supplies or equipment, as well as any crew 
member. DAS will be counted during the entire trip, including the time 
that the vessel is anchored in the harbor. When, according to the daily 
haddock possession limit, the appropriate DAS time expires to allow the 
full catch of haddock to be landed, fishermen may dock and unload in 
Gloucester Harbor. Regardless, nothing in this EFP authorizes vessels 
to land anything over the 5,000-pound per DAS landing limit.
    This pilot study may be extended 3 months beyond the initial 3-
month term should it prove successful in providing a safe option for 
vessels concerned about carrying haddock overages, while remaining 
conservation neutral to the resource (i.e., neither benefitting nor 
harming the resource). Despite the fact that the notification 
procedures may be burdensome, these controls are necessary to maintain 
enforceability and to collect data on the extent of success of the 
study.
    Due to the unpredictable nature of the weather and of other 
variables involved, it is difficult to assess the numbers of vessels 
that will need to utilize the EFP to enter into Gloucester Harbor until 
safe weather conditions resume. This program is not expected to 
encourage new effort in the haddock fishery, and it will not create 
incentives to fish under unsafe conditions. It provides a mechanism for 
vessels to fish safely on Georges Bank, without forfeiting overages of 
haddock when entering Gloucester Harbor during times of foul weather.
    EFPs would be issued to all limited access multispecies permit 
holders in accordance with the conditions stated therein, and would 
exempt them from the provision in the Northeast Multispecies Fishery 
Management Plan that prevents them from entering port (part of the 
definition of 'land' in Sec.  648.2) with haddock in excess of the 
possession limit described in Sec.  648.86.

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

    Dated: August 24, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-22068 Filed 8-28-00; 8:45 am]
Billing Code: 3510-22 -S