[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Proposed Rules]
[Pages 65933-65934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[ I.D. 100102D]


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 
EFP application contains all the required information and warrants 
further consideration. The Regional Administrator has also made a

[[Page 65934]]

preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of the Northeast (NE) 
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 experiment proposes to conduct a study of an experimental bycatch 
reduction device in order to develop otter trawl gear for the NE 
Multispecies fishery that would result in reduced catch of Atlantic 
cod. The EFP would allow these exemptions for one commercial vessel for 
not more than 5 days of sea trials. All experimental work would be 
monitored by Manomet Center for Conservation Sciences personnel. 
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 November 
13, 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 Manomet EFP Proposal for Inclined Mesh Bycatch Reduction 
Device.'' Comments may also be sent via facsimile (fax) to (978) 281-
9135.

FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Policy Analyst, 
978-281-9347.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by 
Manomet Center for Conservation Sciences on August 19, 2002.
    The EFP would allow for exemptions from the Gulf of Maine (GOM) 
Regulated Mesh Area gear requirements at 50 CFR 648.80(a)(3)(i) and the 
days-at-sea (DAS) requirements at 648.82(a). The EFP would exempt one 
federally permitted commercial fishing vessel from the following two 
requirements of the NE Multispecies FMP: The requirement to use a 
minimum mesh size of 6.0 inch (15.2 cm) diamond mesh or 6.5 inch (16.5 
cm) square mesh in the body and extension of a trawl net while fishing 
in the GOM Regulated Mesh Area; and the requirement to use a day-at-sea 
(DAS) while targeting groundfish.
    The goal of this study is to assess the utility of a bycatch 
reduction device in the GOM groundfish fishery. The specific trawl 
design to be tested is referred to as an inclined separation panel. The 
separation panel consists of 4 inch (10.2 cm) diamond mesh sewn in the 
extension and codend of a trawl (with 6.5-inch (16.5-cm) diamond mesh 
codend). The vessel will target mixed groundfish (yellowtail flounder, 
winter flounder, American plaice, Atlantic cod, and summer flounder). 
All undersized fish would be returned to the sea as quickly as possible 
after measurement. The incidental catch is expected to be comprised of 
skates, dogfish, sculpin and sea robin. The incidental catch of these 
species is expected to be minimal and efforts will be made to return 
incidentally caught species to the sea as quickly as possible. 
According to the applicant, a trawl net of similar design has been used 
in Irish Sea fisheries to separate cod from other roundfish and 
flatfish, with a success rate of approximately 80 percent.
    The applicant requested that the research be conducted in the GOM 
in the area north of 42[deg] 30' N. lat. and west of 69[deg] 00' W. 
long. However, due to the severely overfished condition of the Cape Cod 
stock of yellowtail flounder, NMFS will confine the research to the 
area north of the stock boundary 42[deg] 50' N. lat. The vessel would 
conduct a total of approximately 25 tows of 20 to 30 minutes duration 
over a period of 5 sea days. The tows would be recorded using a video 
camera in order to verify proper net functioning and to record fish 
behavioral reactions. Fish retained by the upper and lower codends 
would be counted, weighed and measured, and all legal catch sold. The 
vessel would be exempted from 5 DAS in order to provide compensation 
for a portion of the cost of the research.
    If the research results prove similar to the 80-percent success 
rate reported by the Irish industry, the applicant intends to conduct 
future research to fine-tune the use of the net and conduct fleetwide 
trials with the hope of integrating a bycatch reduction device 
requirement into the FMP.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: October 23, 2002.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-27511 Filed 10-28-02; 8:45 am]
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