[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Proposed Rules]
[Pages 7341-7342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 012902C]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Atlantic Coastal Fisheries Cooperative Management; 
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: The Administrator, Northeast Region, NMFS (Regional 
Administrator) 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 
has made a

[[Page 7342]]

preliminary decision to issue EFPs that would allow three federally 
permitted fishing vessels to conduct fishing operations otherwise 
restricted by the regulations governing the Northeast multispecies 
fishery. EFPs would allow the federally permitted vessels to compare a 
standard flounder otter trawl to a modified flounder otter trawl in 
order to estimate cod bycatch reduction in the modified trawl. EFPs are 
needed to allow the fishing activities to be conducted in areas of the 
Gulf of Maine (GOM) otherwise closed to fishing in March and April. 
Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) require publication of this 
notification to provide interested parties the opportunity to comment 
on applications for proposed EFPs.

DATES: Comments must be received on or before March 6, 2002.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn 
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope 
``Comments on EFP Proposal.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135. A copy of the proposal and the Environmental 
Assessment are available from the Northeast Regional Office at the 
address stated above.

FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy 
Analyst, 978-281-9288.

SUPPLEMENTARY INFORMATION: The Massachusetts Division of Marine 
Fisheries (MADMF) submitted an application on January 16, 2002, to 
conduct an experimental fishery using three federally permitted vessels 
to fish with experimental fishing gear in and near the GOM Rolling 
Closures during March and April, 2002. The experiment is a continuation 
of an experiment that the MADMF conducted in 2001.
    The continuation of the experiment is necessary to expand the level 
of information and data that the MADMF has collected on the 
experimental flounder trawl and to conduct the experimental fishing at 
a time when, and in areas where, both flounder and cod are in abundance 
relative to other areas and times of the year. Experimental fishing in 
2001 demonstrated a reduction of cod bycatch of between 75 and 90 
percent, compared to traditional flounder otter trawl gear. The MADMF 
anticipates this reduction in bycatch to continue.
    The proposed experiment would be conducted in March and April in 
statistical areas 123 and 124 in the GOM. According to the MADMF, 
operation of the experiment in statistical areas 123 and 124 in March 
and April would allow the experiment to occur when concentrations of 
flounder and cod are high enough to demonstrate sufficiently the gear's 
effectiveness in catching flounder and reducing cod bycatch. EFPs are 
required because statistical areas 123 and 124 are closed to fishing 
during March and April under the GOM Rolling Closure Areas I and II. 
The participating vessels would be allowed to retain 400 lb (181.4 kg) 
of cod for each 24-hour period they are fishing, as allowed by the 
regulations at 50 CFR 648.86(b)(i). Any remaining cod captured during 
the experiment would be immediately returned to the sea. The MADMF 
anticipates a 50-percent survival rate of released cod collected, based 
on research conducted by the MADMF.
    The MADMF expects that the experiment this year will allow 
expansion of the data that they have collected from prior experiments, 
investigation of daytime and nighttime catches, and comparisons of the 
data between two different vessels. Information obtained by MADMF (and 
provided to NMFS after completion) could provide for potential gear 
modification alternatives to be used in the groundfish fishery to 
prevent the bycatch of cod in directed flounder fisheries.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

    Dated: February 12, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-3980 Filed 2-15-02; 8:45 am]
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