[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Proposed Rules]
[Pages 45444-45445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17155]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 062102B]


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: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has determined that an application for EFPs 
contains all of the required information and warrants further 
consideration. The Regional Administrator is considering the impacts of 
the activities to be authorized under the EFPs with respect to the 
Northeast Multispecies Fishery Management Plan (Multispecies FMP) and 
the Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks 
(Highly Migratory Species (HMS) 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 in response to an application submitted by the 
East Coast Tuna Association that would allow five purse seine vessels 
to fish for giant Atlantic bluefin tuna (Thunnus thynnus) in Northeast 
multispecies year-round Closed Area I, where use of purse seine gear is 
currently prohibited. The purpose of the study is to collect 
information regarding bycatch of--and interactions of purse seine gear 
with --groundfish species, other species, and marine mammals, and to 
record contact with the ocean bottom or with any Essential Fish Habitat 
(EFH). The results of this EFP would allow NMFS and the New England 
Fishery Management Council (Council) to evaluate the feasibility of 
allowing purse seine gear in Closed Area I as an exempted gear on a 
permanent basis.

DATES: Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before July 24, 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 EFP Proposal.'' Comments may also be sent via fax to 
(978) 281-9135. Comments will not be accepted if submitted via e-mail 
or the Internet.
    Copies of the Environmental Assessment and the Regulatory Impact 
Review (EA/RIR) are available from the Northeast Regional Office at the 
same address.

FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy 
Analyst, phone: 978-281-9103, fax: 978-281-9135, email: 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    The Georges Bank and Southern New England (GB/SNE) multispecies 
year-round closed areas were established under the Multispecies FMP to 
provide protection to concentrations of regulated multispecies, 
particularly cod, haddock, and yellowtail flounder. Consequently, all 
fishing in these year-round closed areas was prohibited, with a few 
exceptions. The only exceptions allowing access to the closed areas 
were fishing activities known to have a very low incidence of 
multispecies bycatch. For example, pelagic midwater trawl gear was 
determined to have a negligible catch of regulated multispecies because 
the gear fishes well off the ocean floor. As a result, it is an allowed 
gear in the GB/SNE multispecies closed areas.
    Purse seine gear is typically used to target pelagic species such 
as herring, mackerel, and tuna that are concentrated at or near the 
surface of the ocean. This type of gear is not designed or intended to 
fish for species at or near the ocean floor, and is typically 
considered to have very little interaction with bottom-dwelling species 
such as groundfish. Observer data from the 1996 tuna purse seine 
fishery, the last year the fishery carried full-time observers, 
documented a small catch of regulated groundfish, other demersal 
species, and bottom debris (i.e., sponges and empty shells) in 20 out 
of 39 observed sets. Out of these 20 sets, only 4 occurred inside 
Closed Area I, in depths ranging from 28 to 35 fathoms (fm). In 2000, 
EFPs were issued to four purse seine vessels to collect information on 
the interaction between purse seine gear and demersal species

[[Page 45445]]

and their habitat, specifically in Closed Area I. Data from the five 
observed trips in Closed Area I from the 2000 tuna purse seine 
experimental fishery did not show any bycatch of demersal species. 
These sets occurred in depths ranging from 55 to 86 fm. In 2001, EFPs 
were issued to all five vessels authorized to fish for bluefin tuna 
with purse seine gear. During this experiment, four trips were made 
into Closed Area I. On a single trip, one of the participating vessels 
made three sets inside Closed Area I in depths ranging from 40 to 60 
fm. Bluefin tuna were caught on only one of these three sets, totaling 
82 bluefin tuna for the trip and for the 2001 experimental fishery as a 
whole.
    During the 2000 experimental fishery, participating vessels were 
required to fish in locations where the water depth was greater than 30 
fathoms, or where the depth of the water was greater than the depth of 
the net at its deepest point, or modify the net in use by this vessel 
so that its depth was less than the depth of the water in order to 
avoid adverse impacts to EFH. For the 2001 experimental fishery, the 
applicant indicated that the gear could be fished in such a way that it 
would not come in contact with the bottom, regardless of the depth of 
the net or water. The applicant also stated that due to the currents 
and tides in Closed Area I, the net would never extend below the sea 
surface to the full extent of its height. Therefore, the applicant 
requested that the depth restrictions implemented for the 2000 
experimental fishery be removed, stating that the incentive to protect 
the purse seine gear from interactions with the ocean floor would 
result in careful attention to keep the gear off the bottom. In light 
of the information provided by the applicant, the depth restrictions of 
the 2000 experimental fishery were waived for the 2001 fishery. Because 
the results of the 2001 fishery indicate that there were no 
interactions between the gear and bottom habitat, NMFS does not intend 
to implement depth requirements for the 2002 experimental fishery.
    Due to lingering questions concerning the degree of interactions 
between purse seine gear used in this fishery and its interactions with 
regulated groundfish species, a third experimental fishery has been 
requested. The Council is considering an exemption for tuna purse seine 
gear within all groundfish closed areas as part of Amendment 13 to the 
Multispecies FMP. Information collected through this experimental 
fishery would be used in development of Amendment 13.

Proposed EFP

    The proposed EFP would exempt five purse seine vessels fishing for 
giant Atlantic bluefin tuna under 50 CFR part 635 from the gear 
restrictions of Closed Area I, as described at 50 CFR 648.81(a). 
Similar to the 2000 and 2001 purse seine experimental fisheries in 
Closed Area I, no more than five vessels would be authorized to 
participate. The experimental fishery would begin on August 15, 2002, 
and continue until the five vessels have achieved their individual 
fishing quotas, or the end of the 2002 calendar year, whichever occurs 
first. Although these individual quotas may be taken through the end of 
the 2002 fishing year (December 31, 2002), they are typically taken by 
the middle of October. Because the bluefin tuna fishery takes place 
throughout the waters off New England, and the concentrations of fish 
often move between areas, it is likely that the fishery would take 
place within Closed Area I for only a few weeks.
    Unlike the 2000 and 2001 experimental fisheries, observers will not 
be required for the proposed 2002 experimental fishery. As a result, 
the vessel captains will be required to collect information on bottom 
depth, depth of net, mesh size used, location of set, information on 
any bycatch species, any interactions between the net and the bottom, 
and any incidental take of marine mammals or protected species. Any 
multispecies that are captured during fishing activities will be 
required to be discarded.
    Environmental Assessments (EAs) that analyzed the impacts of the 
experimental tuna purse seine fishery on the human environment were 
prepared for the 2000 and 2001 experimental fisheries. These EAs 
concluded that the activities that were conducted under the EFP are 
consistent with the goals and objectives of the Multispecies FMP, are 
consistent with the HMS FMP, and will have no significant environmental 
impacts. The EAs also considered the impacts of the EFP activities on 
EFH, marine mammals, and protected species and found that the 
experimental tuna purse seine fishery will have no significant impact 
to EFH, marine mammals, or protected species. A EA was prepared for the 
2001 experimental fishery and a Supplement to the EA has been prepared 
for the 2002 experimental fishery. This supplement incorporates the 
results of the 2001 experimental fishery, discusses minor changes to 
the experimental fishery for 2002, addresses the cumulative impacts of 
the proposed 2002 experimental fishery, and provides a revised Finding 
of No Significant Impact Statement.
    EFPs would be issued to the five participating vessels to exempt 
them from the restrictions of Closed Area I of the Multispecies FMP.
    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.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: July 2, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-17155 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-22-S