[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Proposed Rules]
[Pages 52927-52928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20657]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 080502B]


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

AGENCY: National Marine Fisheries Service (NOAA Fisheries), 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, NOAA Fisheries (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 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, NOAA Fisheries 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 a 20-day exemption from the Gulf of Maine (GOM) 
Rolling Closures specified at 50 CFR 648.81 and for a 20-day exemption 
from the northeast (NE) multispecies days-at-sea (DAS) notification 
requirements at 50 CFR 648.10(c) and 648.82(a). The exempted fishing 
activity would support research to design, develop and test a soft 
species separation system for commercial flatfish trawls in the GOM. 
The system is intended to separate roundfish (particularly cod) from 
flatfish in trawl nets by exploiting behavioral differences between the 
species.
    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, NMFS, Northeast Regional Office, 1 Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on UNH Species Separation System 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: The application for an EFP was submitted by 
the University of New Hampshire (UNH) Cooperative Extension for 
research being funded through NOAA Fisheries' Cooperative Research 
Partners Program. The applicant is requesting an exemption for one 
commercial vessel from the NE multispecies DAS notification 
requirements at 50 CFR 648.10(c) and 648.82(a) for 20 days of at-sea 
gear testing and from the GOM Rolling Closures specified at 50 CFR 
648.81 for the same duration. This experiment proposes to design, 
develop and test a soft species separation system for commercial 
flatfish trawls in the GOM. The objective of the research is to 
separate flatfish from roundfish in trawl nets and to reduce the 
inadvertent bycatch of roundfish (particularly cod) when fishing for 
flatfish. The separation device is designed to separate roundfish from 
flatfish by exploiting behavioral differences that exist between the 
species. The experimental design consists of a soft species separation 
panel, or ramp, that would be positioned in front of a double codend in 
a trawl net. It would take advantage

[[Page 52928]]

of the tendency of flatfish to swim towards the ocean bottom after 
encountering the separation panel and thereby into the lower codend 
portion of the net. Roundfish, which are not expected to swim towards 
the seafloor after encountering the panel, would swim into the upper 
codend portion of the net, which could be left open if roundfish were 
not being retained.
    Underwater video equipment would be employed to observe fish 
behavior and functioning of the experimental selectivity device. Catch 
and bycatch are proposed to be sampled from each tow. If available, 100 
each of cod, haddock, yellowtail flounder, whiting (silver hake), 
American plaice and witch flounder (including both legal and sub-legal 
sizes) would be measured from the catch in both the control net 
(commercial trawl net) and from the experimental trawl net, using 
alternating tows. The total weight of roundfish and flatfish would be 
determined from the upper and lower codends of the experimental trawl 
net and from the control net. Finally, the catch of each species in the 
upper and lower codend of the experimental net would be analyzed using 
statistical methods to calculate a separation index to determine 
whether the experimental system is effective at separating the species.
    To avoid the Cape Cod yellowtail flounder stock area, the vessel 
would be required to conduct experimental fishing activity north of 
42 deg.50' N. lat. (the northern boundary of the Cape Cod yellowtail 
flounder stock area), due to the significant reduction in fishing 
mortality that is currently required for that stock to eliminate 
overfishing. The sea trials would be conducted in shallow water (30 to 
50 fathoms (54.9 - 91.4 meters)) off the coasts of New Hampshire, 
southern Maine, and a small portion of northern Massachusetts. UNH 
researchers would be aboard the vessel during all experimental work. 
All undersized fish, and/or protected species, would be returned to the 
sea as quickly as possible after measurement. However, legal-sized fish 
that would otherwise have to be discarded would be allowed to be 
retained and sold. The overall catch levels are not expected to have a 
detrimental impact on the NE multispecies resource. Estimated total 
landings for the 20 days are: Cod - 6,000 lb (2721.5 kg); flatfish 
(witch flounder, American plaice, winter flounder, yellowtail flounder) 
- 6,000 lb (2721.5 kg); other groundfish (haddock, cusk, white hake, 
silver hake, red hake, ocean pout, wolffish, etc.) - 4,000 lb (1814.4 
kg). This is approximately one-half the level of landings that would be 
expected for 20 days of normal commercial fishing for this vessel. The 
participating vessel would be required to report all of its landings in 
its Vessel Trip Reports.
    This experimental work is important because it could lead to the 
development of gear that could reduce bycatch of species that are 
subject to restrictive trip limits, such as cod, when fishing for 
species that are not subject to restrictive trip limits. The successful 
development of a soft species separation device, which could easily be 
installed in commercial trawl nets, could provide the fishing industry 
with more flexibility in conducting fishing activities, while 
simultaneously providing additional conservation for overfished 
species.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: August 9, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20657 Filed 8-13-02; 8:45 am]
BILLING CODE 3510-22-S