[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Proposed Rules]
[Pages 5558-5559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2879]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 012802C]


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 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 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). However, further review and consultation may be necessary before 
a final determination is made to issue EFPs. The vessels would collect 
catch data to support the development of 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 at the appropriate 
address or fax number (see ADDRESSES) on or before February 21, 2002.

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

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, (978) 281-9221, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The State of Rhode Island Department of 
Environmental Management, Division of Fish and Wildlife (applicant) 
submitted an application for EFPs on December 20, 2001. The EFPs will 
facilitate the collection of additional catch data that will support 
the development of trawl mesh selectivity curves for the SNE yellowtail 
flounder fishery. The catch data will supplement the data collected 
under EFPs in 2001, which were determined to be inconclusive due to the 
temporal nature of SNE yellowtail abundance in the study area and the 
resulting small sample size. The applicant intends to provide the trawl 
mesh selectivity curves to fisheries managers as a tool for matching 
the minimum legal yellowtail flounder size with the size of yellowtail 
flounder retained by the appropriate mesh size.
    In June 2001, NMFS granted a request for EFPs to the State of Rhode 
Island Department of Environmental Management (applicant). The 
applicant investigated the selectivity of 6.0-inch (15.2-cm) diamond, 
6.5-inch (16.5-cm) square, 6.5-inch (16.5-cm) diamond, and 7.0-inch 
(17.8-cm) square mesh codends using alternate tow methods for 
yellowtail flounder in southern Rhode Island waters during the summer 
of 2001. The applicant's intent was to investigate alternative measures 
that would achieve the mortality reductions for this stock of fish 
needed to achieve Sustainable Fisheries Act objectives to be met in the 
Northeast Multispecies Fishery Management Plan. The New England Fishery 
Management Council's (Council) Plan Development Team (PDT) has 
indicated that, in order to rebuild this stock of yellowtail flounder, 
fishing mortality must be reduced 50 to 70 percent from its current 
level. To address these reductions, the PDT and the Council's 
Groundfish Oversight Committee (Committee) have developed a wide range 
of management measures, including trip limits, increases in the minimum 
fish and/or mesh sizes, year-round and/or seasonal area closures, and 
day-at-sea (DAS) reductions. Of those measures being considered, the 
applicant has expressed specific concern over the potential 
implementation of area closures as such closures would likely have a 
severe impact on the SNE commercial fishing community. Therefore, the 
applicant is seeking additional information that may support minimum 
fish and/or mesh size measures as alternatives to closures.
    Under the EFP approved last year, the applicant developed 
selectivity curves upon which to base the lengths for yellowtail 
flounder at 50-percent retention (L50's). In summary, they were:

------------------------------------------------------------------------
                                                        Mesh   Retention
                                                       size,     size,
                        Shape                          inches    inches
                                                        (cm)      (cm)
------------------------------------------------------------------------
Diamond                                                  6.0      14.7
                                                      (15.2)    (37.3)
                                                         6.5      15.6
                                                      (16.5)    (39.6)
Square                                                   6.5      13.0
                                                      (16.5)    (33.0)
                                                         7.0      14.3
                                                      (17.8)    (36.3)
------------------------------------------------------------------------

    However, additional analyses of the mean number of yellowtail 
flounder retained that were in compliance with

[[Page 5559]]

the minimum size requirements under 50 CFR part 648.83 (a), indicate no 
significant differences between each experimental codend. The applicant 
compared length frequency distributions of the catches retained in the 
codends, which indicated some similarities in the catch performance of 
the experimental codends. The applicant attributes the equivocal 
results of the 2001 study to low catch numbers (26) of yellowtail 
flounder per tow. The applicant further explains that the summer months 
(June-July) during which the 2001 study was conducted typically exhibit 
low catches of yellowtail flounder. While the study suggests potential 
fishery benefits by increasing mesh size for yellowtail, the small 
sample size led to inconclusive results upon which fishery managers 
could rely. The applicant would therefore like to repeat the mesh 
selectivity study during March and April 2002, when yellowtail flounder 
would be in the nearshore waters and adequate sample sizes could be 
obtained.
    As in 2001, the applicant proposes to examine differences between 
the mesh selectivity of 6-inch (15.2cm) diamond and 6.5-inch (16.5-cm) 
square mesh to 6.5-inch (16.5-cm) diamond and 7-inch (17.8-cm) square 
mesh. To accomplish this, the applicant will use an alternate tow 
design for a comparison of mesh selectivity. Each net configuration 
will be tested with and without a 3-inch (7.6-cm) liner.
    The applicant will charter up to four federally permitted vessels 
in the limited access multispecies fishery. Participating vessels will 
take 4-5 day trips (totaling 16-20 trips). 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.
    All trips will be completed during daylight hours and must include 
at least two scientific personnel. A minimum of 12 comparisons per 
codend are required, for a total of 48 experimental comparisons. Five 
tows at a duration of 1.5 hours will be conducted during each sampling 
day, for a total of three experimental comparisons per day.
    Vessels would be required to comply with all conditions of the EFP. 
The EFPs would allow participating vessels to be exempt from the 
multispecies minimum mesh size restrictions (Sec.  648.80 (b)(2)(i)) in 
order to permit the vessels to use a 3- inch (7.6-cm) mesh liner for 
the purposes of comparing catch. All other regulations specified under 
50 CFR part 648 would apply. Vessels would be fishing under the 
multispecies DAS program, and thus would be authorized to retain and 
sell all groundfish and non-targeted species up to the regulatory 
amounts for each species that meet the minimum size requirements under 
50 CFR part 648. The proceeds generated from the sale of the fish will 
help defray the cost associated with the experimental fishing. The 
experimental fishing will be conducted in areas open to commercial 
fishing within statistical areas 537 and 539 from the date of issuance 
of the EFPs through April 30, 2002.
    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: February 1, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-2879 Filed 2-5-02; 8:45 am]
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