[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Proposed Rules]
[Pages 28142-28143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12871]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 050901C]


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 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 Northeast Multispecies Fishery Management Plan 
(FMP) and within the scope of earlier analyses of the impacts. However, 
further review and consultation may be necessary before a final 
determination is made to issue an EFP. Therefore, NMFS announces that 
the Regional Administrator intends to issue an EFP that would allow one 
federally permitted groundfish vessel to conduct a composite mesh 
selectivity study with codend covers having a mesh size smaller than 
authorized under current regulations to target mixed-groundfish 
species, primarily yellowtail flounder, winter flounder (blackback), 
summer flounder (fluke), American plaice (dab) and Atlantic cod. The 
EFP may also allow access to seasonal area closures in the Gulf of 
Maine (GOM). The Manomet Center for Conservation Sciences (Manomet) 
submitted an EFP application to determine the selective efficiency of 
experimental codends and intends to correlate fish behavior with these 
findings. 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 document must be received on or before June 6, 
2001.

ADDRESSES: Written comments should be sent to Patricia 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: Allison Ferreira, Fishery Management 
Specialist, 978-281-9103.

SUPPLEMENTARY INFORMATION: Manomet submitted an industry cooperative 
proposal on April 20, 2001, for one EFP to conduct a composite codend 
mesh selectivity study to address bycatch and discard of incidental 
catch and sublegal sized fish in the mixed-groundfish fisheries of the 
Northeast. The study would be conducted in that portion of the GOM/
Georges Bank Regulated Mesh Area extending east from the New Hampshire 
shoreline at 43 deg. N. lat./70.75 deg. W. long. to 43 deg. N. lat./
69 deg. W. long., then following the 69 deg. W. long. line north to the 
44 deg. N. lat./69 deg. W. long. point, and then extending west along 
the 44 deg. N. lat. to the Maine coastline (44 deg. N. lat./69.154 deg. 
W. long). The permanent Western GOM closure would not be included in 
the study area.
    This industry collaborative study involves Manomet, the 
Massachusetts Division of Marine Fisheries, and the Maine Department of 
Marine Resources as co-principal investigators, and proposes to field 
test two composite mesh combinations against two industry-standard 
codend mesh sizes as follows: (1) Two composite codends, one made of 
6.5-inch (16.51-cm) square mesh on the top half and 6.5-inch (16.51-cm) 
diamond mesh on the bottom half, and the other made of 6.5-inch (16.51-
cm) square mesh on the top half and 6-inch (15.24-cm) diamond mesh on 
the bottom half; and (2) two industry-standard codends, one made 
entirely of

[[Page 28143]]

6-inch (15.24-cm) diamond mesh and one made entirely of 6.5-inch 
(16.51-cm) square mesh.
    The purpose of the study is to obtain information on the selective 
efficiency of the four codend configurations. To obtain this 
information, the length frequency of the population sampled, as well as 
that of the population retained by each codend type, need to be known. 
To accomplish this, a 1 7/8-inch (4.78-cm) codend would be used to 
cover each of the four test codends in order to retain for analysis 
fish that pass through the larger-mesh codends.
    The catch data for each sample (tow) would be used to prepare 
species-specific mesh selectivity curves. That is, the research would 
determine the size of each fish species retained by each of the codends 
tested versus the fish that are excluded by the codends. Data would be 
pooled for each of the codends tested and the selective efficiency of 
each codend would be determined for each important target species. 
Manomet would also collect behavioral information on the reactions and 
escape responses of key species to fishing gear by means of underwater 
video recording during fishing operations.
    The field trials would begin on or about June 1, 2001, and continue 
for up to 6 months in order to allow sufficient time to undertake the 
experimental work under optimum conditions (i.e., good weather or times 
of high fish concentration). The applicant anticipates that no more 
than 10 tows per codend type would be required, for a maximum of 40 
tows. These commercial gear trials would operate in the designated 
study area outside the Western GOM Year Round Closure Area. However, 
the principal investigator may decide that access to the GOM seasonal 
closure areas is needed, if efforts to obtain the necessary fish 
samples outside of these areas are unsuccessful. Should access to these 
areas be necessary, the GOM seasonal closures that may correspond in 
time and location with the proposed study area are as follows: Rolling 
Closure Area IV (June 1 to June 30), the Cashes Ledge Closure Area 
(July 1 to October 31), Rolling Closure Area V (October 1 to November 
30), and possibly the Cashes Ledge Conditional Closure Area (November 1 
to November 30).
    The experimental sampling design (use of double codend) is intended 
to minimize the number of tows required to yield the necessary amount 
of catch information. It is estimated that a minimum of 10 tows (1 hour 
in length) per codend are required to produce satisfactory selectivity 
curve results. The target species are yellowtail flounder, winter 
flounder (blackback), summer flounder (fluke), American plaice (dab) 
and Atlantic cod. The main incidental species are expected to be 
skates, smooth and spiny dogfish, sculpin, sea raven and sea robin. 
During the course of the experimental fishery, the participating vessel 
would be instructed to conduct normal fishing operations. Therefore, 
the vessel could only retain fish for commercial sale in the amount 
allowed under its Federal fisheries permits and Days-at-Sea 
allocations. The catch would be separated into those fish retained 
inside the codend and those captured in the codend cover. All fish 
would be measured and weighed by NMFS-certified observers, and all sub-
legal fish would be returned to the sea immediately after processing. 
No undersized fish would be retained on board the vessel. All data 
would be entered into NMFS logbooks and submitted to NMFS at the 
completion of the program. In addition, videotape recordings of fish 
behavior would continue throughout the gear trials.
    One EFP would be issued to a federally permitted Northeast 
multispecies vessel to exempt it from the gear restrictions and, if 
necessary, the GOM seasonal closure areas of the FMP..

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

    Dated: May 15, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-12871 Filed 5-21-01; 8:45 am]
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