[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Pages 70935-70936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30131]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 110102A]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Atlantic Coast Weakfish Fishery; Exempted Fishing Permits (EFPs)

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

ACTION: Notice of intent to issue EFPs to conduct experimental fishing; 
request for comments.

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

SUMMARY: NMFS announces that the Director, Office of Sustainable 
Fisheries, NMFS (Director) has received EFP applications from the State 
of North Carolina to conduct experimental fishing operations otherwise 
restricted by regulations prohibiting the use of flynets to fish for 
weakfish in a closed area of the exclusive economic zone (EEZ) south of 
Cape Hatteras. The Director has made a preliminary determination that 
the EFP applications contain all the required information; that the 
activities to be authorized under the EFP would be consistent with the 
goals and objectives of the Atlantic weakfish fishery under the 
Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal 
Act); and that the applications warrant further consideration.
    A draft environmental assessment (EA) that addresses the impacts of 
the proposed study associated with the EFP applications has been 
prepared. This document requests public input in the form of written 
comments to NMFS relative to the issuance of EFPs to the State of North 
Carolina. If granted, these EFPs would authorize a flynet 
characterization study to be conducted by the North Carolina Division 
of Marine Fisheries in a closed area south of Cape Hatteras. Two 
participating flynet vessels, each with its own EFP and observer 
aboard, would conduct up to a total of 18 trips over each of two 
seasons, from 15 January through 1 April, in 2003 and 2004, south of 
Cape Hatteras, for a maximum of 36 trips. A third vessel would be 
deployed in the closed area for up to three (3) trips at the beginning 
of the study to test three proto-type turtle excluder devices (TEDs) 
developed by NMFS. An additional flynet vessel would test the proto-
type TEDs in the area north of Cape Hatteras, where flynets are 
permitted to operate. This vessel would not require an EFP.

DATES: Written comments on the applications must be received on or 
before December 12, 2002.

ADDRESSES: Send comments to John H. Dunnigan, Director, Office of 
Sustainable Fisheries (F/SF), NOAA Fisheries, 1315 East-West Highway, 
Silver Spring, MD 20910. The applications, related documents, including 
the draft EA, and copies of the regulations under which EFPs are issued 
may also be requested from this address.

FOR FURTHER INFORMATION CONTACT: Anne Lange 301-713-2334; FAX: 301-713-
0596.

SUPPLEMENTARY INFORMATION: These EFPs are requested under the Atlantic 
Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), 16 
U.S.C. 5101 et seq., and regulations at 50 CFR 697.22 concerning the 
conduct of activities that are otherwise prohibited by the regulations 
in this part. Since regulations under the Atlantic Coastal Act must be 
consistent with the national standards set forth in section 301 of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq., EFPs requested under the Atlantic 
Coastal Act need to be addressed in the same manner as EFPs requested 
under the Magnuson-Stevens Act, and regulations at 50 CFR 600.745 
concerning scientific research activity, exempted fishing, and exempted 
educational activity.
    Currently, weakfish regulations at 50 CFR 697.7(a)(5) prohibit any 
person from fishing with a flynet in the Exclusive Economic Zone (EEZ) 
off North Carolina in a closed area south of Cape Hatteras, as defined 
by this regulation. This area was closed to flynetters in order to 
reduce the harvest of the recovering weakfish stock, especially the 
harvest of juvenile weakfish known to congregate in the closed area. In 
addition, 50 CFR 697.7(a)(1) and (2) prohibited fishing for, 
harvesting, possessing, or retaining weakfish less than 12 inches (30.5 
cm), in the EEZ. Further, 50 CFR 697.7(a)(3) prohibited fishing for 
weakfish coastwide in the EEZ with a minimum mesh size less than 3 1/4-
inch (8.3 cm) square stretched mesh (as measured between the centers of 
opposite knots when stretched taut) or 3 3/4-inch (9.5 cm) diamond 
stretched mesh for trawls.
    The North Carolina Division of Marine Fisheries (NCDMF) proposes to 
conduct a flynet characterization study, in cooperation with NMFS, with 
two flynet vessels using mesh at least as large as defined in the 
Atlantic States Marine Fisheries Commission's

[[Page 70936]]

(Commission) Weakfish Fishery Management Plan Amendment 3 (Amendment 
3), and at 50 CFR 697.7(a)(3), to collect information on the size and 
species composition of finfish caught in modified flynets in the closed 
area. The NCDMF and NMFS would assess the effects, including the 
species and size composition of the catch, of using larger mesh size 
nets in the North Carolina flynet fishery if it were to be allowed to 
resume operations south of Cape Hatteras. The mesh size used in the 
flynet fishery, prior to the 1997 closure of this area, was 
significantly smaller than is currently required. This information 
would permit NCDMF, the Commission, and NMFS to properly assess the 
potential impacts of reopening the closed area to flynets with larger 
minimum-mesh sizes after management goals have been met and the stock 
is declared to be restored.
    In addition, this study would address concerns about the take of 
endangered sea turtles by flynet gear. A 1997 NMFS Biological Opinion 
(BO) determined that the flynet fishery may adversely affect, but is 
not likely to jeopardize the continued existence of endangered sea 
turtles. An informal Endangered Species Act (ESA) section 7 
consultation on this proposal determined that the study would be in 
compliance with the 1997 BO, and that the study should include testing 
of TEDs previously developed by NMFS as part of the reasonable and 
prudent measures of the 1997 BO. A third flynet vessel would operate in 
the closed area, at the beginning of the study, and would carry NMFS 
gear technology experts who would test several proto-type TEDs, 
developed by NMFS, to determine feasibility and effectiveness of these 
devices in flynets. An additional vessel would also test the proto-type 
TEDs in the area north of Cape Hatteras.
    The two vessels that test the TEDs would follow protocols 
determined by the NMFS gear experts deployed for that portion of the 
study. If an effective TED is found, the two vessels in the flynet 
characterization study would be equipped with a TED of the proper 
design. If NMFS determined that TEDs can not effectively be deployed in 
flynets, other measures (e.g., reduced tow time) would be used for the 
remainder of the study to reduce impacts on turtles and may be 
considered for implementation by all vessels using flynets. In any 
case, the study would be terminated if takes (lethal or non-lethal) of 
loggerhead or Kemp's ridley sea turtles exceeded one half of the 
numbers (20 and 2) allowed in the Incidental Take Statement of the 1997 
BO (that is, 10 or 1, in any one year).
    Additional terms of the study proposal relate to sample design or 
address concerns raised by the Commission's Weakfish Fishery Management 
Board and its Technical Committee. The study would be terminated if any 
cumulative, monthly sample yields juvenile or undersized fish in excess 
of 10 percent of the total catch for that month. If an annual cap of 
175,000 lbs (79,380 kg) on landings of weakfish taken south of Cape 
Hatteras is reached, the study would end for that year.
    The EFP application states that catches made by the vessel that 
tests TEDs south of Cape Hatteras would be counted towards this cap. 
However, based on a request by NCDMF, NMFS is reconsidering this 
condition of the EFP. The TED work is separate from the flynet 
characterization study and NCDMF does not want to compromise the 
continuation and completion of that study, if during development and 
testing, the TEDs result in large amounts of bycatch. Multiple tows 
made on a single trip would be spatially separated by at least one (1) 
nautical mile to insure maximum geographic coverage and prevent 
directing effort on one specific school of fish. The entire contents of 
each tow on an individual trip would be kept separate and processed 
separately at the dock. NMFS observers would be required on each trip 
to monitor fishing activity and to record global positioning system 
(GPS) coordinates for each tow, interactions with any threatened or 
endangered species, tow time, depth, water temperature, air 
temperature, date, and time. NMFS observers would also record net 
dimensions and design specifications to document successful designs, if 
a net is found to effectively avoid catches of undersized fish.
    In order to determine the ability of these flynets to minimize 
bycatch of undersized fish, unculled catches would be sorted by tow for 
species composition and weight by market category, and sub-samples 
would be measured for length frequency. Regulatory discards, including 
sub-legal weakfish, and non-marketable species, would be sorted, 
weighed and a sub-sample would be taken for length frequency. These 
fish would be properly disposed of, and would not be sold. ESA and 
other protected species would be handled as required by law; observers 
would record and report all discarded red drum and striped bass.
    Analysis of the study data would be coordinated by NCDMF and NMFS 
staff and the Commission would be briefed through annual and final 
reports that would provide maps of the sample areas overlaid with the 
location of each tow, species encountered, total weights, numbers, and 
length frequency distributions of selected species. The final report 
would also summarize the findings from each year and attempt to relate 
variability in catches and species composition with environmental 
variables. The report would also summarize all interactions with sea 
turtles and include a discussion on the use of TEDs in the flynet 
fishery.
    The EFPs would exempt up to three vessels from the requirements of 
the Atlantic weakfish regulations according to the provisions at 50 CFR 
600.745 and 697.22, as follows: (1) Prohibiting of the use of flynets 
in the closed area of the EEZ off North Carolina as defined at Sec.  
697.7(a)(5); and (2) fishing for, harvesting, possession or retention 
of any weakfish less than 12 inches (30.5 cm) in total length from the 
EEZ as specified at Sec.  697.7(a)(1) and (2) for data collection 
purposes.
    The draft EA prepared for the proposed flynet characterization 
study found that no significant environmental impacts would result from 
the proposed action.

    Dated: November 22, 2002.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-30131 Filed 11-26-02; 8:45 am]
BILLING CODE 3510-22-S