[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Proposed Rules]
[Pages 52926-52927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20652]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 073002C]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits (EFPs)

AGENCY: Department of Commerce, National Oceanic and Atmospheric 
Administration (NOAA), National Marine Fisheries Service (NMFS).

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 Northeast Multispecies Fishery Management Plan 
(FMP). However, further review and consultation may be necessary before 
a final determination is made to issue the EFP. Therefore, NMFS 
announces that the Regional Administrator proposes to issue an EFP that 
would allow one vessel to conduct fishing operations that are otherwise 
restricted by the regulations governing the fisheries of the 
Northeastern United States. The EFP would allow for exemptions from the 
Gulf of Maine (GOM) cod landing exemption certificate requirement for 
vessels fishing in the Georges Bank Regulated Mesh Area (GB RMA); the 
landing and possession limit restriction for GB cod; the requirement to 
possess on board an exemption certificate to fish for, possess, or land 
yellowtail flounder, minimum mesh size requirements for the GB RMA and 
minimum fish size requirements specified for the temporary retention of 
undersized fish for data collection purposes.
    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 August 
29, 2002.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, National Marine Fisheries Service, Northeast 
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope ``Comments on URI Large Codend Mesh Size 
Selectivity EFP Proposal.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Van Pelt, Fishery Policy 
Analyst, 978-281-9244.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by 
URI on June 18, 2002, with a final submission on June 24, 2002. The EFP 
would facilitate the collection of data on mesh sizes and shapes that 
are the same or larger than those currently required by regulation to 
provide mesh size selectivity curves for commercially important 
groundfish species. These data would be used to conduct YPR and SSBPR 
analyses to determine optimal yields (overall and per recruit) for each 
species targeted by the larger mesh sizes, including 6.5-, 7.0-, and 
8.0-inch square and diamond shaped (16.5, 17.8, and 20.3 cm, 
respectively) mesh codends. The results of the study would be presented 
to resource managers (New England Fisheries Management Council, NMFS, 
state agencies, and others) and fishers in various fora, as requested, 
and allow these groups to evaluate the potential conservation 
equivalencies resulting from increases in codend mesh size.
    The EFP would cover the period September 1, 2002, through December 
31, 2002; however, the field sampling portion of the mesh selectivity 
study would require 15 days at sea on board one commercial fishing 
vessel. The experiment proposes to conduct mesh selectivity studies 
with current minimum mesh sizes/shapes, as well as larger mesh size 
codends to develop selectivity curves for four species of regulated 
groundfish, including Atlantic cod, haddock, winter flounder, and 
yellowtail flounder on GB. This information would be integrated into 
yield per recruit (YPR) and spawning stock biomass per recruit (SSBPR) 
analyses to determine whether incremental increases in mesh size could 
reduce growth overfishing and improve percent spawning stock biomass. 
That is, the study would attempt to determine if increasing mesh size 
would decrease fishing mortality on younger-aged fish in the stock and 
increase the number of age classes in the stock for greater overall 
yields of commercially important Northeast (NE) multispecies. While 
these yields may not be realized immediately, the experiment proposes 
to conduct an outreach program to educate fisheries managers and 
fishers on the benefits and costs associated with increasing mesh size 
based on the results of industry-cooperative mesh selectivity studies 
in the region. The EFP would allow these exemptions for one commercial 
vessel, for not more than 15 days of sea trials. All experimental work 
would be monitored by University of Rhode Island (URI) scientists/
observers.
    The experimental tows would be conducted by alternating 
``experimental'' mesh sizes (i.e., mesh size larger than that currently 
regulated under the FMP and mesh sizes that are currently in use), with 
small mesh control codends (3-inch (7.62 cm)) within the GB RMA. The 
experimental protocol would require 9 tows of 2 hour duration per day, 
thus including the 6 experimental codends and 3 control codends in a 
randomly selected sequence for 15 days of sea trials (roughly 60 
experimental tows

[[Page 52927]]

required). The anticipated bycatch of regulated species incidental to 
the catch of target species retained by all experimental codends (6 
tows per day) is expected to be minimal. For those control tows using 
small mesh (3 per tows day) the proposal estimated a 50% discard rate 
of sub-legal size fish. Total catch rates were estimated at 10,000 lb 
(4,536 kg) per day, of which 2,000-4,000 lb (907-1814 kg) would be 
discarded and 6,000-8,000 lb (2722-3629 kg) would be retained. The 
percent composition of species in the total catch, including discards 
is 30% Atlantic cod (3,000 lb (1361 kg) per day total catch), 30% 
winter flounder (3,000 lb (1361 kg) per day total catch), 20% 
yellowtail flounder (2,000 lb (907 kg) per day total catch), and 20% 
haddock (2,000 lb (907 kg) per day total catch).
    The participating vessel would be required to report all regulated 
species catch retained for commercial sale in its Vessel Trip Report. 
During the sea trial phase each data collection trip would have a URI 
sea sampler/scientist on board and the catch would be measured 
according to NMFS sea sampling methodology and recorded on NMFS 
logbooks. Any sub-legal sized fish would be processed by the sea 
samplers (e.g., measured and recorded) and returned immediately to the 
water. The results of the analysis phase would be summarized in a 
report that presents selectivity curves for each species according to 
mesh size and shape, and the results of the YPR and SSBPR analyses 
including isopleth diagrams. The collection of mesh size selectivity 
data for mesh sizes at or above the current minimum is expected to 
increase our understanding of factors that may effect sustainable stock 
production due to growth overfishing and the potential to increase 
spawning stock biomass.
    An exemption from the requirement to carry an exemption certificate 
to fish for, possess, and land NE multispecies that are harvested from 
the GB RMA (i.e., Atlantic cod and yellowtail flounder) is necessary 
because the work may involve exceeding the applicable landing and/or 
possession limit restrictions for these species. The applicant has 
justified the number of trips (i.e., the level of catch) in terms of a 
target sample size that if not reached may not yield meaningful 
results. The Regional Administrator is seeking comments on this aspect 
of the request.
    The EFP would exempt one federally permitted commercial fishing 
vessel from certain requirements of the NE Multispecies FMP. 
Specifically, the vessel would be exempt from the requirement to carry 
a GOM cod exemption certificate to fish for, possess, and land cod in 
excess of the GOM cod landing limits while fishing in the GB RMA, the 
GB cod landing and possession limit restrictions (50 CFR 648.86(b)(2)), 
the requirement to possess on board an exemption certificate to fish 
for, possess, or land yellowtail flounder in the GB RMA (50 CFR 
648.86(h)(1)(i)), to temporarily possess regulated species less than 
the minimum fish size, and to fish with mesh less than the minimum mesh 
size specified at 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: August 8, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20652 Filed 8-13-02; 8:45 am]
BILLING CODE 3510-22-S