[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Proposed Rules]
[Pages 39129-39130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18699]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 071601B]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permit (EFP)

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

ACTION: Notification of a proposal for an EFP to conduct experimental 
fishing; request for comments.

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SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that an application 
for an EFP contains all of 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 that the cumulative 
impacts would be within the scope of earlier analyses on the FMP. 
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 proposes to issue an EFP in response to 
the application that would allow for exemptions of net mesh size and 
Days-at-Sea (DAS) requirements of the FMP in order to compare the 
selectivity of a standard commercial trawl net with that of a trawl net 
with a finfish excluder device. The objective is to develop a trawl 
with a reduced bycatch of regulated multispecies.

DATES: Comments must be received on or before August 13, 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: Walter J. Gardiner, Fishery Management 
Specialist, (978) 281-9326.

SUPPLEMENTARY INFORMATION: The University of New Hampshire (UNH) 
submitted an application for an EFP on June 1, 2001. The EFP would 
allow the applicant to perform gear research in order to develop a 
trawl design that would reduce the bycatch of regulated multispecies, 
particularly Atlantic cod and juvenile flatfish.
    This proposal builds upon previous research and intends to develop 
flatfish trawl designs based upon the different catch selectivities of 
gear for flatfish and roundfish (as a result of their different body 
shapes and behaviors) A component of the experiment will include video 
recording of the gear performance under tow to assess gear interactions 
with fish and habitat.
    The experiment would occur within a portion of the Gulf of Maine/
Georges Bank Regulated Mesh Area (GOM/GB RMA), well within the Northern 
Shrimp Small Mesh Exemption Area -- specifically, the Bank Confort area 
and the Jordan Basin, which is approximately north of 43 deg.40' N. 
lat. and between 67 deg.30' and 68 deg.30' W. long. The experimental 
fishing area would not include any closed areas during the time of the 
research (August 15 through October 15, 2001).
    The experiment proposes to compare the following two trawl net 
configurations: (1) Standard diamond and square codend mesh sizes, 
which will be the control; and (2) standard net with two grated grid 
finfish excluder devices. The first grate is angled at 25 degrees and 
has horizontal bar spacings of 50 mm or 2 inches; the second grate, 
angled at 65 degrees, has vertical bar spacings of 90 mm or 3.5 inches 
and is designed to allow for the escape of Atlantic cod. Both grated 
grids will be covered with a small mesh bag to determine the 
effectiveness of the bycatch reduction devices.
    The project would last for 2 years. Project participants would: (1) 
Design a double grid system based on differences in the behavior and 
shape between roundfish and flatfish; (2) test the design in a flume 
tank to verify design specifications and operational parameters; (3) 
build a prototype net with the selectivity device and test it in the 
sea using the standard (commercial) flatfish trawl as a control; (4) 
after the first year of sea trials, modify the grid based on the 
results; and (5) organize a Northwest Atlantic groundfish selectivity 
workshop to communicate the results from this project.
    The sea trials would require between 152 and 168 hours of towing 
during the testing phase of the initial gear: 7 days of towing with two 
or three 2-hour tows per day per trip (four trips total). Projected 
landings from the trawls are expected to be 400 to 500 lb (181.44 to 
226.8 kg) per day of Atlantic cod, flounder, monkfish, hake, pollock, 
and haddock combined; the total catch is estimated to be between 11,000 
lb. (4,989.5 kg) and 14,000 lb. (6350.3 kg). These catch levels are 
approximately the same as the possession/landing limits for vessels 
fishing within the GOM/GB RMA. Thus, the experimental gear trials are 
expected to have very little incremental impact on the fishery 
resources. The vessel would be allowed to retain Atlantic cod, 
flounder, haddock, monkfish, hake, and pollock for commercial sale, up 
to the applicable Federal landing limits during the sea trial testing 
phase.
    During the sea trial trips, UNH would have an observer on board and 
the catch (retained in the external bag and codend) would be measured 
according to standard fish sampling methodology and recorded for use by 
UNH personnel. Any sub-legal sized fish would be processed by the UNH 
observer (e.g., measured) and returned immediately to the water.

[[Page 39130]]

    The applicant intends that the results of this gear work will be 
the basis for a gear modification request to the New England Fishery 
Management Council for use in the Northeast Multispecies fishery.
    An EFP would be issued to exempt one vessel from the DAS 
requirements and gear restrictions of the FMP found at 50 CFR part 648, 
subpart F.
    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. Based on the results of this EFP, this action may lead 
to future rulemaking.

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

    Dated: July 20, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 01-18699 Filed 7-26-01; 8:45 am]
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