[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Proposed Rules]
[Pages 43265-43266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16281]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 061102B]


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.

-----------------------------------------------------------------------

SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that the subject 
EFP application

[[Page 43266]]

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 an EFP. Therefore, NMFS announces that the Regional 
Administrator proposes to issue an EFP that would allow one vessel to 
conduct fishing operations otherwise restricted by the regulations 
governing the fisheries of the Northeastern United States. The EFP 
would allow for an exemption to the black sea bass, Centropristis 
striata, closure requirements of the FMP. The experiment, coordinated 
by the Virginia Institute of Marine Sciences (VIMS), proposes to 
conduct fishing activities to compare black sea bass retention and 
discard rates using two different black sea bass pot escape vent 
configurations. 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 5 p.m. 
EST July 12, 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 BSB Escape Vent 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: An application for an EFP was submitted to 
NMFS by VIMS on April 23, 2002. The EFP is being requested to 
facilitate a research project that would compare black sea bass 
retention and discard rates using two different escape vent 
configurations in black sea bass pots. Approximately 15 fishing trips 
would be conducted off the coasts of Maryland and Virginia during the 
autumn of 2002. To provide the greatest potential for fishing success, 
it would be necessary to allow the vessel to fish for, and possess, 
black sea bass during closures that may be implemented due to the 
attainment of the commercial quota. Black sea bass harvested during 
closure periods would not be landed, and would be returned to the water 
as soon as practicable.
    The project will compare differences in the escapement of 
undersized black sea bass (less than 11 inches (27.94 cm)) between 
currently mandated single, 2-inch (5.08--cm) square escape vents and an 
experimental design in which the entire parlor section of the trap is 
constructed of 2-inch (5.08-cm) square mesh. The objective of the 
research is to investigate the effectiveness of the experimental trap 
design at reducing the retention and discard of sublegal black sea 
bass, without affecting the retention rate of legal-sized black sea 
bass.
    Traps with a single, 2-inch (5.08-cm) square escape vent would 
serve as controls. The experiment would use a randomized survey whereby 
three traps (one control and two experimental) are connected by rope at 
regular intervals and deployed. One rope, or ``string,'' of traps would 
be deployed at 10 different fishing sites per trip. These sites will be 
in close enough proximity to allow the traps to be hauled twice per 
day. Sixty traps per day are proposed to be hauled (3/traps/string, 1 
string/site, and 10 sites hauled twice daily). Approximately 15 day-
long research fishing trips are proposed for the project during the 
autumn months of 2002. The fishing activity will occur primarily 
between Wachapreague, VA, and Ocean City, MD.
    To facilitate the collection of data during periods with the 
greatest potential for fishing success, the EFP would exempt one 
commercial vessel from the closure regulations specified at 50 CFR part 
648, subpart I, and allow the vessel to fish for and possess black sea 
bass during periods when the commercial fishery is closed due to 
attainment of the quarterly quota. VIMS researchers will be onboard the 
participating vessel during all research trips. Any black sea bass 
harvested during a closure period would not be allowed to be landed, 
and would be returned to the water as soon as practicable after 
measurement of the fish. The commercial vessel that would participate 
in the research project has two live tanks onboard, which should reduce 
any discard mortality to black sea bass that could occur during a 
closure. Therefore, the catch levels during closed seasons are not 
expected to have a detrimental impact on the black sea bass resource. 
Any landings that would occur during an open season would be reported 
in the Vessel Trip Report, as required, because the participating 
vessel possesses a commercial black sea bass moratorium permit.

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

    Dated: June 21, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-16281 Filed 6-26-02; 8:45 am]
BILLING CODE 3510-22-S