[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Proposed Rules]
[Pages 15516-15517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7931]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 031802B]


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: 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 Summer Flounder, Scup and Black Sea Bass 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 proposes to 
issue EFPs that would allow up to three vessels to conduct fishing 
operations otherwise restricted by the regulations governing the 
fisheries of the Northeastern United States. EFPs would allow for 
exemptions to the minimum fish size requirements of the FMP. The 
experiment proposes to collect approximately 50 lb (22.68 kg) of 
juvenile black sea bass smaller than the current 11-inch (27.94-cm) 
minimum commercial fish size from Federal waters during the winter 
months, while the commercial black sea bass fishing season is open. The 
samples would be obtained with commercial handline tackle during the 
course of regular commercial fishing activity. The samples would be 
used by researchers at the Virginia Institute of Marine Science (VIMS) 
for population studies.
    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 document must be received on or before April 
17, 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 Black Sea BASS EFP Proposal.'' Comments may also be sent 
via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, 978-281-9279.

SUPPLEMENTARY INFORMATION: The Virginia Institute of Marine Science 
submitted an application for EFPs on January 18, 2002, with final 
revisions received on February 19, 2002. The EFPs would facilitate the 
collection of data on the age, growth, and population structure of the 
black sea bass (Centropristis striata) population in the Mid-Atlantic 
region.
    The experiment proposes to collect approximately 50 lb (22.68 kg) 
per month of sublegal juvenile black sea bass (11 inches (27.94 cm)). 
The collection of undersized black sea bass would occur within Federal 
waters off the coasts of Maryland, Virginia and North Carolina. All 
sample collections would be conducted while the commercial fishing 
season is open, principally during the winter months. There would not 
be observers or researchers on every participating vessel. The samples 
would be collected by three federally permitted commercial vessels 
during the course of regular commercial fishing activity and would 
consist of sublegal fish that would otherwise have to be discarded. The 
juvenile black sea bass would be obtained using commercial handline 
tackle and kept on ice until landed. Upon landing, VIMS personnel would 
retrieve the samples and take them to the VIMS laboratory for analysis. 
None of the juvenile black sea bass would be sold. The participating 
vessels would be required to report the landings in their Vessel Trip 
Reports. The catch levels of approximately 50 lb (22.67 kg) per month 
are expected to have very little detrimental impact on the black sea 
bass resource.
    The purpose of the VIMS study is to investigate the age, growth and

[[Page 15517]]

population structure of black sea bass. The study would determine the 
ages of the undersized black sea bass using otoliths and scales. Then, 
using those data, the age, size, and sex composition of the current 
population would be compared with historic population data (Mercer 
1978) that were obtained before the Mid-Atlantic black sea bass 
population was declared overfished. In addition, the study would seek 
to define the composition of commercial black sea bass catches off the 
Mid-Atlantic coast and Essential Fish Habitat for black sea bass using 
the NMFS groundfish database for offshore areas and the VIMS survey 
trawl database for inshore nursery areas.
    EFPs would exempt up to three vessels from the 11-inch (27.94- cm) 
minimum commercial black sea bass fish size specified in the FMP and 
found at 50 CFR part 648, subpart I.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: March 26, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-7931 Filed 4-1-02; 8:45 am]
BILLING CODE 3510-22-S