[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Proposed Rules]
[Pages 19152-19154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9327]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 030102C]


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 has made a preliminary determination that an application 
to issue EFPs to three gillnet vessels, submitted by the North Carolina 
Division of Marine Fisheries (NCDMF), 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. NMFS has also made a preliminary determination that the 
activities authorized under these EFPs would be consistent with the 
goals and objectives of the Monkfish 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 it intends to issue EFPs that would allow up to three gillnet 
vessels to conduct fishing operations otherwise restricted by the 
regulations governing fisheries of the northeastern United States 
(i.e., to land monkfish in excess of amounts authorized under a 
monkfish incidental catch permit, Category E).
    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 April 
30, 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 envelop ``Comments 
on Monkfish 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 Policy 
Analyst, 978-281-9103.

SUPPLEMENTARY INFORMATION: NCDMF submitted an industry cooperative 
proposal on January 22, 2002, to conduct an experimental blackfin 
monkfish (Lophius gastrophysus) fishery in the area extending from 
Avon, NC, to Chincoteague, VA, from 3 to 30 nautical miles seaward of 
the coast. The study would take place from May 1 to June 30, 2002. The 
purpose of this study is to collect biological and environmental data 
to identify the blackfin monkfish component of the commercial monkfish 
fishery, and to identify the abundance, distribution, and migration 
patterns of monkfish off the coasts of North Carolina and Virginia. The 
data to be collected would include, but would not be limited to: catch 
identified by species, including target species and bycatch; water 
depth, sea-surface temperature, catch location, gillnet mesh size, net 
length and net soak times. In addition, the experimenters would report 
observed gear interactions with marine mammals, sea turtles, and marine 
birds to NMFS. The primary objective of the study is to collect 
temporal and spatial data to

[[Page 19153]]

determine whether blackfin monkfish is a significant component of the 
monkfish resource off the coasts of North Carolina and Virginia and 
should be protected under the FMP. The information obtained from this 
study could also be utilized to better manage the monkfish resource at 
the southern end of its range.
    The FMP contains only one species in the management unit, the 
American monkfish or goosefish (Lophius Americanus), although the 
fisheries literature identifies two other species, blackfin monkfish 
and reticulated goosefish (Lophiodes reticulatus) that may be found in 
the western central Atlantic. Over the past several years, NCDMF and 
local fishermen have collected several specimens that have been 
identified as blackfin monkfish. The proportion of the harvest that is 
blackfin monkfish is unknown. Dockside identification of this species, 
which is difficult, is complicated by the common practice of processing 
at sea and the landing of monkfish tails only, which the FMP allows. If 
the study indicates that blackfin monkfish comprise a significant 
portion of the monkfish fishery off North Carolina and Virginia, this 
species should be considered for inclusion in the management unit of 
the FMP in order to prevent an unregulated fishery for this species 
from developing.
    The proposed exempted experimental fishery would be a continuation 
of an exempted experimental fishery conducted during May and June 2001. 
Three vessels, out of a total of five authorized vessels, fished during 
the 2001 experimental fishery--two from North Carolina and one from 
Virginia. These three vessels were authorized to fish up to 960 total 
hours (40 days multiplied by 24 hours per day) each, and were limited 
to a combined total allowable catch (TAC) of 100,000 lb (45,359 kg) of 
whole monkfish (blackfin monkfish (Lophius gastrophysus) and American 
monkfish (Lophius americanus)) during the permit period. While 
participating in the experimental fishery, each vessel was required to 
fish with 8-inch (20.3-cm) diamond mesh or larger; could land no more 
than 996 lb (452 kg) of whole monkfish per 24-hour period; could 
temporarily possess for purposes of data collection monkfish less than 
the minimum size of 17 inches (43.2 cm) total length (TL); and were 
restricted to landing only at the ports of Hatteras, North Carolina; 
Wanchese, North Carolina; or Chincoteague, Virginia in order to best 
monitor experimental activities. In addition, participants were 
required to report all interactions with marine mammals, sea turtles, 
or marine birds to NMFS.
    A total of 50,491 lb (22,902 kg) of whole monkfish were landed 
during the 2001 experimental fishery, averaging 935 lb (424 gk) of 
monkfish per 24-hour period. No blackfin monkfish were collected by 
participating vessels during the course of the experiment. However, 
several were collected by one of the participating vessels prior to the 
start of the experimental fishery on May 1, 2001. Vessels participating 
in the 2001 experimental fishery experienced no gear interactions with 
marine mammals. However, one adult female loggerhead turtle was 
lethally taken off Virginia in May 2001 by a vessel participating in 
the experimental fishery.
    Participating vessels would be selected by NCDMF based upon their 
knowledge of the gillnet fishery for monkfish, demonstrated knowledge 
of local waters and fishing methodology, availability of the vessel, 
possession of monkfish gillnet gear, and suitability of the vessel for 
carrying observers. In addition, participating vessels must possess an 
open access monkfish incidental catch permit (Category E). Vessels that 
hold limited access monkfish permits would be authorized to fish in the 
study area, provided they have not utilized all of their monkfish DAS 
and that they comply with other applicable law.
    The target species would be blackfin monkfish and American 
monkfish. Incidental species are expected to be skates, rays, sharks, 
horseshoe crabs and bluefish. Participating vessels would be authorized 
to land and sell up to the amount of monkfish allowed under the 
monkfish limited access Category B permit; currently 1,000 lb (454 kg) 
of monkfish tails per day-at-sea (DAS). This landing limit is proposed 
to change to 450 lb (204 kg) per DAS at the start of the 2002 fishing 
year on May 1, 2002. For the 2002 experimental fishery, participating 
vessels would be restricted to a combined TAC of 100,000 lb (45,359 kg) 
of whole monkfish; the level of take authorized for the 2001 
experimental fishery. All monkfish landed would be required to meet the 
minimum size requirement of 17 inches (43.2 cm) TL (Sec. 648.93(a)(1)), 
but participants would be authorized to temporarily (for the length of 
time necessary to collect the data, unless authorized to retain the 
fish by State or Federal permit) possess monkfish less than the minimum 
size for purposes of data collection. Participating vessels would also 
be authorized to sell any incidentally caught species, as long as the 
vessel holds the appropriate Federal and/or state permits and the 
corresponding minimum size and possession/landing limit requirements 
are met.
    The EFPs would allow three vessels to fish 40 monkfish DAS per 
vessel while exempting vessels from the limited access permit 
eligibility (50 CFR 648.4(a)(9)) and accompanying DAS reporting 
requirements (Sec. 648.10(c)) and the monkfish DAS and gear-marking 
requirements (Sec. 648.92). Monkfish DAS would be monitored by NCDMF 
and counted as specified at Sec. 648.92(b)(8)(v), which defines actual 
at-sea time for trips as less than or equal to 3 hours or greater than 
15 hours, or as 15 hours for trips greater than 3 hours but less than 
or equal to 15 hours.
    In order to ensure that the data collected is not biased by fishing 
behavior in response to fish movements, participating vessels would 
also be authorized to possess and land monkfish in excess of the 
incidental catch limit specified under Sec. 648.94(c)(3). In order to 
obtain data on blackfin monkfish distribution and abundance, a species 
that is reportedly smaller than the American monkfish, the 
participating vessels would be authorized to retain monkfish 
temporarily (for the length of time necessary to collect the data, 
unless authorized to retain the fish and by State or Federal permit) 
that are less than the minimum fish size of 17 inches (43.2 cm) TL 
(Sec. 648.93(a)(1)), and to fish gear that is less than the minimum 
gillnet mesh size requirement of 10-inch (25.4-cm) diamond mesh 
(Sec. 648.91(c)(1)(iii)).
    Participating vessels would be required to fish in accordance with 
a sampling plan designed by the applicant, maintain logbooks 
documenting fishing activities, land all monkfish suspected of being 
blackfin monkfish in a whole condition to aid in identification, and 
allow biological information to be collected from the catches. In 
addition, participating vessels would only be authorized to land their 
catch at the port of Chincoteague, Virginia for purposes of project 
management and logistics, and to facilitate the collection of 
biological information of specimens by NCDMF biological staff. Given 
the need for at-sea sampling in order to adequately identify the 
blackfin monkfish component of the monkfish fishery and the need to 
record and monitor interactions between monkfish gillnet gear and 
threatened and endangered sea turtles and marine mammals, 100-percent 
observer coverage will be required for this experimental fishery.
    The applicant recognizes that the monkfish gillnet fishery may be 
responsible for sea turtle mortality and

[[Page 19154]]

has proposed, in their application, a system of area closures triggered 
by dates, water temperatures and/or observed sea turtle interactions, 
to minimize the impact of the experimental fishery on threatened or 
endangered sea turtles. This proposal served as the basis for 
developing an interim final rule to protect sea turtles. This interim 
final rule (67 FR 13098; March 21, 2002), which is effective for 240 
days starting from March 15, 2002, requires monkfish gillnet vessels to 
move their fishing operations steadily northward at specific points in 
time, based in part on sea surface temperature information. 
Participating vessels would be required to comply with the provisions 
of this interim final rule. In addition, the experimental fishery would 
terminate immediately if three loggerhead turtles are taken or one 
endangered sea turtle is taken. NMFS will take the necessary steps to 
ensure consistency with its obligations under the Endangered Species 
Act before issuing the EFPs.
    EFPs would be issued to three vessels to exempt them from monkfish 
limited access permit eligibility requirements; DAS and reporting 
requirements; gear-marking requirements; incidental monkfish possession 
and landing limits; the minimum fish size requirement (for data 
collection only); and minimum gillnet mesh size, as required by the FMP 
(50 CFR part 648, subpart F).
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: April 12, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-9327 Filed 4-15-02; 2:41 pm]
BILLING CODE 3510-22-M