[Federal Register Volume 66, Number 69 (Tuesday, April 10, 2001)]
[Proposed Rules]
[Pages 18584-18586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8814]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 032001C]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application 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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[[Page 18585]]

SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that the subject 
exempted fishing permit (EFP) application contains all the required 
information and warrants further consideration. The Regional 
Administrator has also made a preliminary determination that the 
activities authorized under the EFP would be consistent with the goals 
and objectives of the Monkfish Fishery Management Plan (Monkfish FMP). 
However, further review and consultation may be necessary before a 
final determination is made to issue EFPs. Therefore, NMFS announces 
that the Regional Administrator proposes to issue EFPs that would allow 
up to 5 vessels to conduct fishing operations otherwise restricted by 
the regulations governing the fisheries of the Northeastern United 
States. The vessels would collect biological data using sink gillnets, 
as well as collect environmental data, which will be used to 
characterize the blackfin monkfish (Lophius gastrophysus) component of 
the monkfish fishery off North Carolina and Virginia. A component of 
this experiment would also report and observe gear interactions in the 
monkfish gillnet fishery with threatened or endangered sea turtles, 
marine mammals, and sea birds. Before issuance of the EFPs, NMFS will 
take the necessary steps to ensure consistency with its obligations 
under the Endangered Species Act. Regulations under the Magnuson-
Stevens Fishery Conservation and Management Act require publication of 
this notification to provide interested parties the opportunity to 
comment on applications for proposed EFPs.

DATES: Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before April 25, 2001.

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 EFP Proposal.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135.

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

SUPPLEMENTARY INFORMATION: The North Carolina Department of Environment 
and Natural Resources Division of Marine Fisheries submitted an 
application for EFPs on March 5, 2001. The EFPs will facilitate 
collection of spatial and temporal data that would be used to identify 
the blackfin monkfish component of the monkfish fishery and the 
distribution and migration of monkfish off North Carolina and Virginia 
during the spring and early summer of 2001. The study would occur in 
waters between Avon, North Carolina and Chincoteague, Virginia, 30 
nautical miles seaward of the coast. The purpose of the study is to 
collect and properly identify the different species of monkfish in the 
study area to determine the occurrence and relative abundance of 
blackfin monkfish in the commercial gillnet catch.
    The Monkfish FMP is specific for only one species, the American 
monkfish or goosefish (Lophius americanus), although the fisheries 
literature identifies two other species, blackfin monkfish (L. 
gastrophysus) and reticulated goosefish (Lophiodes reticulatus) that 
may be found in the western central Atlantic (Fischer, 1978). Over the 
past 2 years, the North Carolina Division of Marine Fisheries (NCDMF) 
and local fishermen have collected several specimens that have been 
identified as blackfin monkfish. The proportion of the harvest that is 
blackfin monkfish is unknown, but this species may comprise up to 10 
percent of the catch from the waters off North Carolina and Virginia. 
Dockside identification of this species, which is difficult at best, is 
complicated by the common practice of processing at sea and the landing 
of monkfish tails only, which is allowed under the Monkfish FMP.
    Based on the premise that blackfin monkfish may comprise up to 10 
percent of the commercial monkfish catch using gillnets, the number of 
blackfin monkfish that would need to be identified to validate the 
percent composition of this species is estimated by the applicant to be 
2,500 individuals. If blackfin monkfish comprise 10 percent of the 
catch, the total monkfish catch believed necessary for a statistically 
valid survey would be 25,000 monkfish. Assuming an average weight of 8 
lb (3.6 kg) per fish, the amount of harvest is expected to be 
approximately 200,000 lb (90.72 mt) of whole monkfish.
    The target species expected to be harvested under the EFP are 
blackfin monkfish and American monkfish. Incidental species expected to 
be caught in the fishery are skates, rays, and sharks. While the 
monkfish caught may be sold by participants to defray the costs of the 
experiment, the landed monkfish must meet the minimum fish size 
requirements.
    Participating vessels will be selected by the applicant based on 
knowledge of the gillnet fishery for monkfish, familiarity with local 
fishing methodology, familiarity with the survey area, and possession 
of monkfish gillnet gear. Up to five vessels would participate in the 
experiment and would be required to comply with all conditions of the 
EFP. A weekly trip limit of 7000 lb (3.18 mt) in any given period not 
to exceed 7 days, will be allowed instead of daily trip limits, as well 
as an allowance for the limited use of 8-inch (20.32-cm) mesh gillnets 
in an attempt to select for the smaller blackfin monkfish.
    The EFPs would allow up to five vessels to fish 40 monkfish Days-
at-Sea (DAS) per vessel, while exempting vessels from the eligibility 
and permit requirements associated with DAS permits under the Monkfish 
FMP. In order to ensure that the data collected are not biased by 
fishing behavior in response to fish movements, exemptions would allow 
participating vessels to possess and land monkfish in excess of the 
daily trip limit specified under 50 CFR 648.94(b)(2)(v). In order to 
obtain data on blackfin monkfish distribution and abundance, a species 
that is reportedly smaller than the American monkfish (Lophius 
americanus), the participating vessels may be required to temporarily 
retain monkfish that are less than the minimum fish size (50 CFR 
648.93(a)(1)), and to fish with gear that is less than the minimum 
gillnet mesh size requirement (50 CFR 648.91(c)(1)(iii)). The 
experiment will run from the date of issuance of the EFPs through June 
30, 2001. However, should additional data collection be necessary 
beyond this date, the experiment may be extended, but without the 
monkfish DAS exemption provisions and allowance for exemptions to 
monkfish landing and possession limits specified under the Monkfish 
FMP.
    Participating vessels would be required to fish in accordance with 
a sampling plan designed by the applicant, maintain logbooks 
documenting fishing activities, carry on-board observers trained in 
blackfin monkfish taxonomy, land all monkfish suspected of being 
blackfin monkfish in a whole condition to aid in identification, and 
allow biological information to be collected from the catches. The 
applicant anticipates up to 10 percent observer coverage. However, 
given the need for information on gear interactions in the monkfish 
gillnet fishery with threatened and endangered sea turtles off North 
Carolina and Virginia, the Regional Administrator is seeking public 
comment on the appropriate level of observer coverage for this 
experimental fishery. In

[[Page 18586]]

addition, the Regional Administrator is also seeking comments on 
whether all monkfish, regardless of whether they are suspected of being 
blackfin monkfish, be landed in whole condition for identification 
purposes.
    The applicant recognizes that the monkfish gillnet fishery may be 
responsible for sea turtle mortality and has formulated a system of 
area closures triggered by dates, water temperatures, and/or observed 
sea turtle interactions, to minimize the impact of the experimental 
fishery on threatened or endangered sea turtles. Five time-specific 
areas have been established for the experiment to minimize the 
probability of interactions of threatened or endangered sea turtles 
with monkfish gillnet gear.

Time-specific Area Closures

    EFP participants will be authorized to fish in:
    (a) Area 1- North of a line running 090 deg. (M) from Avon, NC, 
35 deg. 20'30" N, to a line running 090 deg. (M) from Chincoteague, VA, 
37 deg. 56'00" N, from March 16 through March 31, 2001;
    (b) Area 2- North of a line running 090 deg. (M) from Oregon Inlet, 
NC, 35 deg. 46'00" N, to a line running 090 deg. (M) from Chincoteague, 
VA 37 deg. 56"00" N from April 1 through April 30, 2001;
    (c) Area 3- North of a line running 090 deg. (M) from Currituck 
Beach Light, NC, 36 deg. 22"30" N, to a line running 090 deg. (M) from 
Chincoteague, VA, 37 deg. 56"00" N, from May 1 through May 31, 2001;
    (d) Area 4- North of a line running 090 deg. (M) from Cape Henry, 
VA, 36 deg. 55"54" N, to a line running 090 deg. (M) from Chincoteague, 
VA, 37 deg. 56"00" N, from June 1 through June 15, 2001; and
    (e) Area 5- North of a line running 090 deg. (M) from Wachapreague 
Inlet, VA, 37 deg. 34'36" N, to a line running 090 deg. (M) from 
Chincoteague, VA, 37 deg. 56"00" N, from June 16 through June 30, 2001.
    Should observers or fishermen report surface water temperatures in 
excess of 60 degrees Fahrenheit for 3 consecutive days within an area, 
all EFP participants shall move their fishing operations northward to 
the next time-specific fishing area.
    EFPs would be issued to up to five vessels to exempt them from 
monkfish DAS requirements (as well as other associated permitting and 
gear marking requirements under the Limited Access Monkfish DAS gillnet 
fishery), monkfish possession and landing limits, minimum fish size 
requirement (for data collection only), and minimum gillnet mesh sizes 
of the Monkfish FMP, found at 50 CFR part 648, subpart F.

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

    Dated: April 4, 2001
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-8814 Filed 4-9-01; 8:45 am]
BILLING CODE 3510-22-S