[Federal Register Volume 67, Number 162 (Wednesday, August 21, 2002)]
[Proposed Rules]
[Pages 54161-54163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21316]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 080702E]


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.

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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 (NE) Multispecies Fishery Management Plan (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 Groundfish Group Associated Fisheries of 
Maine (Associated Fisheries of Maine), in collaboration with Manomet 
Center for Conservation Sciences (Manomet). These EFPs would allow up 
to 12 vessels to fish for yellowtail flounder in NE multispecies year-
round Closed Area II (CA II) during the months of August through 
December, 2002, and July, 2003, with the potential of the August trips 
occurring in 2003 depending on when the EFPs are issued.
    The purpose of the study is to collect observer-based data to 
determine whether seasonal access to portions of CA II for the purpose 
of harvesting Georges Bank (GB) yellowtail flounder is possible without 
significant bycatch and discard of other regulated NE multispecies, 
particularly Atlantic cod and haddock. This information could then be 
used by the New England Fishery Management Council (Council) and NMFS 
to determine the feasibility of establishing a seasonal access program 
that would allow the harvest of GB yellowtail flounder in portions of 
CA II.

DATES: Comments on this action must be received at the appropriate 
address or

[[Page 54162]]

fax number (see ADDRESSES) on or before September 5, 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 Yellowtail EFP Proposal.'' 
Comments may also be sent via facsimile (fax) to (978) 281-9135. 
Comments will not be accepted if submitted via e-mail or the Internet.
    Copies of the Environmental Assessment (EA) are available from the 
NE Regional Office at the same address.

FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy 
Analyst, (978) 281-9103, email [email protected]

SUPPLEMENTARY INFORMATION:

Background

    Three year-round closed areas were established in 1994 under 
Amendment 5 to the FMP to provide protection to concentrations of 
regulated NE multispecies, particularly Atlantic cod, haddock, and 
yellowtail flounder. These closure areas, Closed Area I, Closed Area II 
and the Nantucket Lightship Closure Area, have proven to be effective 
in improving the stock status of several species, in particular, the 
status of GB yellowtail flounder. Spawning stock biomass (SSB) for GB 
yellowtail flounder increased from 2,600 mt in 1992 to 33,500 mt in 
1999. Mean stock biomass also increased from 4,500 mt in 1992 to 49,600 
mt in 1999. In 2001, the Transboundary Resources Assessment Committee's 
(TRAC) Advisory Report on Stock Status estimated GB yellowtail flounder 
SSB to be between 37,000 and 50,500 mt (80-percent probability) and the 
mean biomass to be between 48,000 and 66,500 mt (80-percent 
probability). Furthermore, in 2001, the Multispecies Monitoring 
Committee (MMC) estimated the mean biomass for GB yellowtail flounder 
to be 55,437 mt, which is well above the biomass target 
(Btarget) of 49,000 mt. In addition, the MMC estimated the 
2001 fishing mortality rate (F) for GB yellowtail flounder to be 
F2001=0.14, which is well below the target F of 
F0.1=0.25.
    In their EFP application, Manomet and the Associated Fisheries of 
Maine state that common knowledge within the fishing and scientific 
communities suggests that Atlantic cod and haddock are less available 
in certain portions of CA II during specific seasons. The applicants 
feel that there is a need to support this knowledge with scientific 
data, potentially enabling the rebuilt GB yellowtail flounder resource 
to be utilized without impacting the management programs that currently 
protect the rebuilding stocks of cod and haddock on Georges Bank.

Proposed EFP

    The Associated Fisheries of Maine, in collaboration with Manomet, 
have submitted an application for 17 EFPs (12 vessels and 5 alternates) 
that would exempt these vessels from the days-at-sea (DAS) requirements 
specified under 50 CFR 648.80 and 648.82, and CA II restrictions 
specified under Sec. 648.81. The proposed study would occur in the area 
south of 41 deg.30' N. lat. within CA II. The experiment would consist 
of two vessels conducting one concurrent 5-day trip each month for the 
months of August through December, 2002 and July, 2003, for a total of 
6 concurrent trips and 12 total vessel trips for the study. Each trip 
would consist of 2 transiting days and 3 sampling days, for a total of 
24 vessel transiting days and 36 vessel sampling days over the course 
of the study. Participating vessels would be prohibited from fishing in 
areas outside of CA II during an experimental fishing trip. In order to 
offset the cost of the experiment, the applicant has requested that the 
participating vessels be exempt from DAS requirements while 
participating in the proposed experimental fishery.
    Survey operations would follow a pre-determined sampling design. 
The sample area would be divided into grids of approximately 6 square 
miles (15.5 sq. km) During each trip, hauls would be conducted in each 
grid, with each haul lasting 20 minutes. The sampling design would 
enable comparison trawls between vessels in order to standardize catch 
data between vessels. A total of 51 hauls, 26 hauls for vessel 1 and 25 
hauls for vessel 2, would be conducted during each trip. Vessels would 
utilize standard otter trawl gear having a codend mesh size of 6.5-inch 
(16.5 cm) square mesh, the minimum mesh size for the GB Regulated Mesh 
Area.
    A total allowable catch (TAC) of GB yellowtail flounder of 220 mt 
would be established for the experimental fishery. This equates to 
approximately 40,000 lb (18,144 kg) of yellowtail flounder per vessel, 
per trip. Incidental catch of cod and haddock would be limited to 2,000 
lb (907 kg) and 3,000 lb (1,361 kg) per DAS, respectively. In addition, 
all fish landed would have to meet minimum size requirements.
    Several species of skates are found in the southern portion of CA 
II where the proposed experimental fishery would be conducted. Due to 
concerns over skate bycatch, particularly the bycatch of thorny and 
barndoor skate, the applicants have agreed to identify and record all 
skates caught and return all skates caught to the sea immediately in 
order to minimize mortality. No skates would be retained for landing or 
sale. In addition, the applicants have stated that the bycatch of 
skates would be avoided to the extent practicable.
    A minimum of two observers, consisting of Manomet scientific staff, 
would be present on board each participating vessel, equating to 100-
percent observer coverage for this experimental fishery. All catch 
would be sorted, weighed and recorded by species. In addition, 
commercially important species, including all skate species, would be 
individually weighed and measured. Observers would be responsible for 
collecting all biological and environmental data on NMFS observer 
forms. Interim reports would be provided to NMFS at the end of each 
trip outlining total catch, including bycatch and discards. 
Participating vessels may also be required to report estimates of daily 
catch to NMFS via a call-in system in order to monitor the GB 
yellowtail TAC of 220 mt requested for this experimental fishery.
    The EFPs would contain a provision that the Regional Administrator 
has the authority to reconsider the continuation of the proposed 
experimental fishery on a month-by-month basis. The Regional 
Administrator would be authorized to terminate the experimental fishery 
if the yellowtail flounder TAC of 220 mt is exceeded or if excessive 
bycatch of cod, haddock and other species of concern (including, but 
not limited to, skate) occurs during any given trip.
    A draft EA has been prepared that analyzes the impacts of the 
proposed experimental fishery on the human environment. This draft EA 
concludes that the proposed activities to be conducted under the 
requested EFPs are consistent with the goals and objectives of the FMP, 
would not be detrimental to the well-being of any stocks of fish 
harvested, and would have no significant environmental impacts. The 
draft EA also concludes that the proposed experimental fishery would 
not be detrimental to Essential Fish Habitat, marine mammals, or 
protected species.
    EFPs would be issued to up to 17 vessels exempting them from the 
DAS requirements and CA II restrictions of the FMP.
    Based on the results of the proposed experimental fishery, this 
action may lead to future rulemaking.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested

[[Page 54163]]

parties the opportunity to comment on applications for proposed EFPs.

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

    Dated: August 14, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-21316 Filed 8-20-02; 8:45 am]
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