[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Proposed Rules]
[Pages 59553-59554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29641]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 111501A]


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 an 
exempted fishing permit (EFP) application for mixed groundfish 
fisheries of the Northeast, submitted by the Manomet Center for 
Conservation Sciences (Manomet), contains all the required information 
as required by the regulations that govern exempted experimental 
fishing under the provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) 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. 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 notice must be received at the appropriate 
address or fax number (see ADDRESSES) on or before December 14, 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 facisimile 
(fax) to (978) 281-9135. Comments will not be accepted if submitted via 
e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Management 
Specialist, 978-281-9103, [email protected].

SUPPLEMENTARY INFORMATION: NMFS announces that the Regional 
Administrator intends to issue an EFP that would allow one federally 
permitted Northeast multispecies vessel to test the effectiveness of a 
fish excluder device, referred to as ``Ex-it,'' at excluding undersized 
cod using a codend cover having mesh smaller than authorized under 
Sec. 648.80(a)(2). This EFP may also allow access to the Conditional 
Gulf of Maine (GOM) Closure Area, specified at Sec. 648.81 (o)(1)(ii), 
if it is deemed necessary.
    An industry cooperative proposal was received from Manomet on 
October 19, 2001, for one EFP to test the effectiveness of a fish 
excluder device, ``Ex-it,'' at excluding undersized cod in the mixed 
groundfish fishery of the Northeast. The goal of the experiment is to 
develop a selective trawl gear that releases undersized cod, while 
retaining fish of marketable size.
    The proposed study would test two versions of the ``Ex-it'' device. 
The device is inserted into the top panel of a codend within a 
trapezoidal steel frame, and consists of a net tube in the shape of an 
hourglass, and steel grids. The grid system is made of six smaller 
flexible grids that are joined together, with the distance between the 
grid bars spaced according to the species and size of fish intended to 
be excluded. One ``Ex-it'' device would have a grid bar interval of 60 
mm, while the other would have a grid bar interval of 70 mm. In order 
to test the effectiveness of the two ``Ex-it'' devices at excluding 
undersized cod, a retaining bag having 3-inch (7.62-cm) mesh would be 
attached to the external side of the codend, in correspondence to the 
trapezoidal steel frame. This codend cover will enable virtually all 
catch escaping through the ``Ex-it'' device to be retained, thereby 
allowing for the comparison of fish excluded versus fish retained. This 
information can then be used to formulate species-specific selectivity 
curves for each device.
    Fishing operations are expected to commence at the beginning of 
December 2001, and last approximately 6 days. A maximum of 30 tows 
would be completed, with an average of 5 tows per day. The study would 
be conducted in a portion of the Gulf of Maine/Georges Bank Regulated 
Mesh Area (GOM/GB RMA) and take place during daylight hours. The study 
is proposed to occur in the area bound by the following coordinates: 
The New Hampshire

[[Page 59554]]

shoreline at 43 deg. N lat. and east to 43 deg. N lat./70 deg. W long., 
then south to the 42 deg. N lat. line, then west to the Cape Cod 
shoreline, excluding the year-round Western GOM closure area. This 
study area does not encompass any GOM seasonal closure areas during the 
month of December. However, depending on when the EFP is issued and 
December weather conditions, the participating vessel may need to 
complete the required tows in early January 2002, when the 
Massachusetts Bay-Stellwagen Bank Conditional Closure Area (Rolling 
Closure Area VI, Sec. 648.81 (o)(1)(ii)) goes into effect. Thus, an 
exemption from this seasonal closure area may be required to complete 
the proposed study. If necessary, a separate EFP with an exemption from 
the rolling closure area may be issued.
    The target species would consist of cod, yellowtail flounder, 
haddock, American plaice (dab), winter flounder (blackback), and grey 
sole (witch flounder). The main incidental species are expected to 
consist of skate, smooth dogfish, spiny dogfish, sculpins, sea raven 
and sea robin. Based on previous work in this area, a total catch 
amounting to 2,000 lb (907 kg) of cod, 500 lb (227 kg) of yellowtail 
flounder, 3,900 lb (1,769 kg) of haddock, 50 lb (23 kg) of American 
plaice, 20 lb (9 kg) of winter flounder, and 260 lb (118 kg) of grey 
sole is expected. The participating vessel would only be authorized to 
retain fish for commercial sale in the amounts allowed under its 
Federal fishery permits and days-at-sea allocations, and according to 
the applicable minimum fish size requirements. No undersized fish would 
be retained on board the vessel. The vessel would be required to 
operate under the multispecies days-at-sea regulations.
    One EFP would be issued to a federally permitted Northeast 
multispecies vessel to exempt it from the gear restrictions and, if 
necessary, the Conditional GOM Closure Area of the FMP.
    Regulations under the Magnuson-Stevens Act require publication of 
this notification to provide interested parties with the opportunity to 
comment on applications for proposed EFPs. Based on the outcome of this 
EFP, this action may lead to further rulemaking.

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

    Dated: November 21, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-29641 Filed 11-28-01; 8:45 am]
BILLING CODE 3510-22-S