[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Proposed Rules]
[Pages 7342-7344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 012402A]


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 
application to issue EFPs to six longline and tub trawl vessels, 
submitted by the Maine Department of Marine Resources (Maine DMR), 
contains all the information required by the regulations governing 
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 
these EFPs would be consistent with the goals and objectives of the 
Northeast Multispecies Fishery Management Plan (FMP) and is 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 six EFPs.
    Regulations under the Magnuson-Stevens Act require publication of 
this notification to provide interested parties the opportunity to 
comment on applications for proposed EFPs.

DATES: Comments on this notification must be received at the 
appropriate address or fax number (see ADDRESSES) on or before March 6, 
2002.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on EFP Proposal.'' Comments may also be sent via facsimile 
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.

SUPPLEMENTARY INFORMATION: NMFS announces that the Regional 
Administrator intends to issue EFPs to allow six federally permitted 
vessels to fish for, land, and possess Atlantic halibut (Hippoglossus 
hippoglossus) in excess of the allowable landing and possession limit 
specified at 50 CFR 648.86(c) within a portion of the Gulf of Maine/
Georges Bank Regulated Mesh Area (GOM/GB RMA). The EFPs would also 
allow these vessels to possess temporarily Atlantic halibut less than 
the minimum size requirement specified at Sec. 648.83(a)(1) for 
purposes of collecting scientific information.
    Maine DMR submitted a proposal on November 6, 2001, to conduct an 
experimental Atlantic halibut fishery in a portion of the GOM/GB RMA. 
The

[[Page 7343]]

industry collaborative experiment involves Maine DMR, with consultation 
provided by the NMFS Northeast Fisheries Science Center (Center). The 
purpose of the experiment is to continue the collection of data on the 
distribution, relative abundance, migration, stock definition, 
mortality rates, stock size, yield, and other significant biological 
reference points of the Atlantic halibut resource to be used in the 
long-term management of the species. In addition, the experiment 
proposes to collect information on age and growth, size and sex 
composition, and rate and onset of sexual maturity. The proposed 
experiment is a continuation of experimental fisheries conducted by 
Maine DMR in 2000 and 2001.
    The study would occur from April 1 through May 31, 2002, and would 
take place in a portion of the GB/GOM RMA defined by the following 
coordinates:

----------------------------------------------------------------------------------------------------------------
                 Area Point                              N. Latitude                      W. Longitude
----------------------------------------------------------------------------------------------------------------
HAL 1                                                 Mainland Maine Coastline                       69 deg. 00"
HAL 2                                                            43 deg. 12.3"                       69 deg. 00"
HAL 3                                                            43 deg. 58.3"                     67 deg. 21.5"
HAL 4*                                            Mainland Maine Coastline and      Mainland Maine Coastline and
                                                 U.S./Canada Maritime Boundary     U.S./Canada Maritime Boundary
*Between points HAL 3 and HAL 4, the area follows the U.S. /Canada maritime boundary.
----------------------------------------------------------------------------------------------------------------

    A maximum of six traditional longline and tub trawl vessels would 
be authorized to participate in the experiment at any given time. These 
vessels would be limited to a maximum number of 700 hooks per boat, and 
would be restricted to using circle hooks no smaller than 14/0 in size. 
Each of the six participating vessels would also be limited to a total 
allowable catch (TAC) of 50 halibut, with no possession or landing 
limit. Once this TAC is reached by an individual vessel, that vessel 
would be restricted to possessing and landing no more than six legal-
sized halibut per day. The maximum number of Atlantic halibut that 
could be harvested as part of this study would be 1,080 halibut, the 
amount established for the 2000 and 2001 experimental fisheries.
    Logbooks supplied by Maine DMR would be used to record information 
on length of all halibut caught, whether retained or released, time and 
place of all halibut caught, tag number (if applicable), amount of gear 
used, and bait type. In addition, species identification and length of 
all species caught as bycatch during the course of the study would be 
recorded. For all halibut that are retained, participants would be 
required to preserve stomachs, gonads, and any other biological samples 
(including scale and otolith samples) requested by scientists from 
Maine DMR and the NMFS for further analyses. All halibut less than 36 
inches (91.4 cm) total length would be measured, tagged and released. 
Only legal-sized halibut would be retained for commercial sale. 
Training in the procedures for collecting this information would be 
provided by Maine DMR or Center personnel. In addition, participants 
would be required to complete a training program in the tagging and 
release of halibut.
    Vessels may be required to carry onboard observers as requested by 
NMFS and Maine DMR. Onboard observers will consist primarily of Maine 
DMR staff and possibly University of Maine students. Maine DMR or 
Center personnel would train observers in the protocols of the 
experiment.
    The 2001 experimental Atlantic halibut fishery took place from 
April 12--May 31, 2001, within the same study area as the proposed 2002 
experimental fishery. Although six vessels were permitted to fish in 
the 2001 experimental fishery, only four actively participated. Over 
the course of 50 days, 152 Atlantic halibut were caught, of which 126 
were kept and 26 were tagged and released. Most of the kept halibut 
were sold for consumption, but 45 of the 126 kept halibut were sold 
live to the University of Maine for use as brood stock. Two of the fish 
that were caught were recaptured from the 2000 experimental fishery. 
One of the recaptured fish was re-released, while the other was sold 
live to the University of Maine. Otolith and gonad samples were taken 
from all fish retained, except for the 45 fish sold live to the 
University of Maine.
    The 2000 experimental Atlantic halibut fishery took place from 
April 15 to June 15, 2000. Three vessels participated in this 
experimental fishery capturing 234 halibut, of which 162 were kept. At 
an average weight of 40 lb (based on data from the 2000 and 2001 
experimental fisheries), this equates to 6,480 lb (2.9 mt) of halibut 
caught. Compared to a total of 11 mt (24,250 lb) of Atlantic halibut 
landed from the Gulf of Maine and Georges Bank during 2000, the 
experimental fishery was responsible for approximately 27 percent of 
total Atlantic halibut landings in 2000. Furthermore, the amount of 
Atlantic halibut landed in 2000 from the Gulf of Maine and Georges Bank 
was 1 mt less than the Atlantic halibut landed from this region in 
1999.
    As stated previously, 126 Atlantic halibut were landed during the 
2001 Atlantic halibut experimental fishery. This is approximately 22 
percent less than the halibut landed during the 2000 experimental 
fishery. Commercial 2001 halibut landings data are not yet available. 
However, the percentage of halibut retained during the 2001 
experimental fishery in relation to total 2001 halibut landings is not 
expected to exceed the percentage for 2000, or 27 percent. Based on 
this information, NMFS believes that the catch rates for the 2002 
experimental fishery will not exceed those of the 2000 and 2001 
studies. Therefore, the impact of the proposed 2002 experimental 
halibut fishery on the Atlantic halibut resource as a whole is expected 
to be minimal. Furthermore, the Center intends to closely monitor the 
catch rates of vessels participating in this experimental fishery. If 
the Center determines that catch rates are declining, indicating a 
significant impact to the resource, NMFS would have the authority to 
terminate the experimental fishery.
    Up to six EFPs would be issued at any one time to exempt these 
vessels from the landing and possession limit for Atlantic halibut 
established under the FMP. The EFPs would also authorize the 
participating vessels to temporarily possess Atlantic halibut less than 
the minimum size requirement of 36 in. (91.4 cm) TL for purposes of 
scientific data collection.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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


[[Page 7344]]


    Dated: February 11, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service
[FR Doc. 02-3981 Filed 2-15-02; 8:45 am]
BILLING CODE 3510-22-S