[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Proposed Rules]
[Pages 20715-20716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10358]



[[Page 20715]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 040802B]


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 Atlantic Sea 
Scallop and Northeast Multispecies Fishery Management Plans (FMPs). 
However, consideration of comments on the proposal is required and 
further review and consultation may be necessary before a final 
determination is made that the activity will have no significant 
impacts on the human environment, and that the issuance of EFPs is 
warranted. NMFS is reviewing analyses prepared in an Environmental 
Assessment to help make final determinations. Therefore, NMFS announces 
that the Regional Administrator has made a preliminary decision to 
issue EFPs that would allow two federally permitted fishing vessels to 
conduct fishing operations otherwise restricted by the regulations 
governing the Atlantic sea scallop and Northeast multispecies 
fisheries. EFPs would allow the federally permitted vessels to compare 
a standard scallop dredge to a modified scallop dredge in order to 
estimate finfish bycatch reduction in the modified dredge. EFPs are 
necessary to exempt the vessels from days-at-sea (DAS), scallop gear, 
and multispecies closed area restrictions.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) 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 5 p.m. Eastern Standard 
Time May 13, 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 Scallop Dredge 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: Ronald Smolowitz, of Coonamessett Farm, 
Inc., submitted an application to conduct an experimental fishery to 
test experimental scallop dredges outside of scallop DAS and within 
portions of Georges Bank Closed Area II and the Nantucket Lightship 
Closed Area. The experiment would be a continuation and expansion of 
experiments with similar gear that Coonamessett Farm, Inc., has 
conducted in the past.
    The experiment is necessary to expand the level of information and 
data that Mr. Smolowitz has collected on the experimental scallop 
dredge and to conduct the experimental fishing in areas where both 
scallops and finfish species are in high abundance relative to other 
areas. The modified scallop dredge uses a modified dredge frame 
equipped with a roller sweep and excluder chains across the mouth of 
the dredge to reduce finfish bycatch. Prior experimental fishing with 
the gear has demonstrated a reduction of the bycatch of yellowtail 
flounder by 40 percent, skate by 40 percent, and winter flounder by 50 
percent, compared to a standard dredge with 10-inch (25.4-cm) twine top 
mesh. Comparisons of the modified dredge and a standard dredge with 6-
inch (15.2-cm) twine top mesh would allow the researcher to determine 
the overall effectiveness of the modified dredge.
    The proposed experiment would be conducted as soon as possible 
following approval of the EFPs, if the final decision is to grant EFPs. 
Each participating vessel would be authorized to take two trips into a 
portion of either Georges Bank Closed Area II or the Nantucket 
Lightship Closed Area, or one trip into each area. In addition, each 
vessel would be authorized to take two trips outside of the closed 
areas. Conducting the trips in both closed and open areas would allow 
the gear to be tested in areas of both extremely high and moderate 
scallop and finfish abundance. The information gathered from this 
experiment could be valuable for consideration in future management 
actions under the Atlantic Sea Scallop FMP. Participating vessels would 
be allowed to retain up to 15,000 lb (6,804 kg) of scallops and the 
regulated amount of incidental catch of other species (e.g., 300 lb 
(136 kg) of regulated multispecies and monkfish) per trip. EFPs would 
allow exemptions from the following regulations for Fisheries of the 
Northeastern United States (50 CFR part 648): DAS notification 
requirements specified at Sec.  648.10(b)(1)(i); scallop dredge twine 
top restrictions specified at Sec.  648.51(b)(4)(iv); scallop DAS 
restrictions specified at Sec.  648.53; and Northeast multispecies 
Closed Area II and Nantucket Lightship Closed Area restrictions 
specified at Sec.  648.81(b)(1) and (c)(1).
    Participating vessels would land approximately 60,000 lb (27,216 
kg) of scallops, 1,200 lb (544 kg) of Northeast multispecies, and 1,200 
lb (544 kg) of monkfish. Minimal amounts of other legally retained 
bycatch species, such as skates, may be landed. The catch of scallops 
in excess of the 15,000-lb (6,804-kg) per trip allowance may occur in 
closed areas due to very high concentrations of scallops. This would 
result in some scallop discard, but discard survival rates of scallops 
is expected to be high. Discards of other species caught during 
experimental fishing is expected to be about 40,000 lb (18 mt) of 
flounder species and skates, 35,000 lb (16 mt) of monkfish, and 4,400 
lb (2 mt) of other species. For comparison, the total allowed catch 
(TAC) in the 2000 Georges Bank Sea Scallop Exemption Program (the same 
portions of Closed Area II and the Nantucket Lightship Closed Area are 
proposed for access in the experiment) for yellowtail flounder was 725 
mt with no catch limits on other species. Although information on the 
survival of finfish discards is lacking, not all discarded fish would 
die. Based on the analyses of the proposed action, the relative impact 
of the expected catch overall during the proposed experiment does not 
appear to be significant. The increase in DAS (exempting two vessels 
from DAS restrictions for a total of 40 DAS) is approximately 0.14-
percent of the overall DAS used in the scallop fishery on an annual 
basis.
    Based on the results of this EFP, this action may lead to future 
rulemaking.


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

    Dated: April 22, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-10358 Filed 4-25-02; 8:45 am]
BILLING CODE 3510-22-S