[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Proposed Rules]
[Pages 24093-24094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11944]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 050101C]


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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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has received a proposal to conduct 
experimental fishing and has made a preliminary determination that the 
subject 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 
Northeast Multispecies Fishery Management Plan (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 four 
federally permitted vessels in the limited access multispecies fishery 
to conduct fishing operations otherwise restricted by the regulations 
governing the fisheries of the Northeastern United States. The vessels 
would collect catch data to support the development of new trawl mesh 
selectivity curves for the Southern New England (SNE) yellowtail 
flounder fishery. 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 on or before May 29, 
2001.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Rhode Island EFP Proposal.'' Comments may also be sent 
via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: David M. Gouveia, Fishery Policy 
Analyst, (978) 281-9280, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Rhode Island Department of Environmental 
Management, Division of Fish and Wildlife (applicant) submitted an 
application for EFPs on April 10, 2001. The EFPs will facilitate the 
collection of catch data that will support the development of trawl 
mesh selectivity curves for the SNE yellowtail flounder fishery. The 
applicant intends to provide the trawl mesh selectivity curves to 
fisheries managers as a tool for managers to match the minimum legal 
yellowtail flounder size with the size of yellowtail flounder retained 
by the appropriate mesh size.
    The New England Fishery Management Council (Council) is currently 
developing Amendment 13 to the FMP (Amendment 13), which will include a 
rebuilding program associated with the overfishing definitions 
implemented under Amendment 9 to the FMP. As part of its November 2000 
report, the Multispecies Monitoring Committee (MMC) provided management 
advice for the revised overfishing definitions, which serves as a guide 
for the development of rebuilding programs associated with the 
overfishing definitions. The MMC report concluded that SNE yellowtail 
flounder is at a low stock abundance and that fishing mortality should 
be as close to zero as practicable over the foreseeable future.
    During the course of the development of Amendment 13, the Council 
has assembled a wide range of management alternatives in response to 
the SNE yellowtail flounder recommendations provided by the MMC. The 
management alternatives include: Trip limits; increases to the minimum 
fish and/or mesh sizes; area closures; and day-at-sea (DAS) reductions. 
Of the alternatives currently being considered to achieve the necessary 
reductions, the applicant states that the alternative for increasing 
minimum fish and/or mesh sizes may be more acceptable to the fishing 
community than widespread area closures. Implementation of large 
closures would likely have a severe impact on the SNE commercial 
fishing community, and the applicant is seeking additional information 
that may support the minimum fish and/or mesh size alternative.
    The applicant acknowledges the studies used in the development of 
the current minimum fish and mesh size restrictions for the yellowtail 
flounder fishery, but notes that more recent studies conducted within 
Massachusetts and Rhode Island state waters show different results than 
did the earlier studies.
    The applicant proposes to examine the differences between the mesh 
selectivity of 6-inch (15.24-cm) diamond and 6.5-inch (16.51-cm) square 
mesh to 6.5-inch (16.51-cm) diamond and 7-inch (17.78-cm) square mesh. 
To accomplish this task, an alternate tow design will be utilized for a 
comparison of mesh selectivity. Each net configuration will be tested 
with and without a 3-inch (7.62-cm) liner. The applicants will charter 
up to four federally permitted vessels in the limited access 
multispecies fishery. Participating vessels will take four half-day 
trips (totaling 16 trips). All trips will be completed during daylight 
hours and must include at least two scientific personnel. Each trip 
will complete six tows (three with a liner and three without). Tows 
will last approximately 90 minutes each.
    Participating vessels would be fishing under the multispecies DAS 
program, and thus would be authorized to retain and sell all legal-
sized groundfish and bycatch species up to the regulatory amounts for 
each species. The proceeds generated from the sale of the fish would 
help defray the cost associated with the research. The research would 
be conducted in areas open to commercial fishing within statistical 
areas 537 and 539 from the date of the issuance of the EFPs through 
July 31, 2001.
    The applicant will select participating vessels based on their 
owners' or operators' knowledge of the trawl fishery for yellowtail 
flounder, familiarity with local fishing methodology, familiarity with 
the survey area, and possession of trawl gear (except netting). The 
applicant will provide the proper mesh configuration. Vessels would be 
required to comply with all conditions of the EFP, as well as all 
applicable regulations specified under 50 CFR part 648, including the 
multispecies DAS program and all applicable trip and possession limits 
for all species caught.
    For the purposes of comparing the catch from each mesh 
configuration, the EFP would also exempt the vessels from the 
multispecies minimum mesh size restrictions specified under 50 CFR 
648.80(b)(2)(i), and allow participating vessels limited use of a 3-
inch (7.62-cm) trawl mesh liner. In order to obtain data

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on yellowtail flounder catch distribution, the participating vessels 
may be required to temporarily retain species that are less than the 
minimum fish size specified at 50 CFR 648.83(a)(1). No species less 
than the legal minimum fish size may be landed or sold.
    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 
fish taxonomy, and allow biological information to be collected from 
the catches.

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

    Dated: May 7, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-11944 Filed 5-10-01; 8:45 am]
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