[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Proposed Rules]
[Pages 77957-77958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32147]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 120302D]


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 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 (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 that would allow three vessels to conduct 
fishing operations that are otherwise restricted by the regulations 
governing the fisheries of the Northeastern United States. The EFPs 
would exempt these vessels from minimum mesh size requirements of the 
Gulf of Maine (GOM) Regulated Mesh Area (RMA), days-at-sea (DAS) 
requirements, and the restrictions of GOM Rolling Closure Areas IV and 
V. The proposed experiment would consist of a codend mesh selectivity 
study in the GOM RMA. This study would test four codends, two single 
and two composite, designed to accommodate new mesh-size regulations in 
various configurations. All experimental work would be monitored by 
Manomet Center for Conservation Sciences (Manomet) 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 action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before January 6, 2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
Manomet Codend Mesh Selectivity EFP Proposal.'' Comments may also be 
sent via fax to (978) 281-9135. Comments will not be accepted if 
submitted via e-mail or the Internet.
    Copies of the environmental assessment prepared for the proposed 
study are available from the NE Regional Office at the same address.

FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy 
Analyst, 978-281-9103.

SUPPLEMENTARY INFORMATION: A complete application for an EFP was 
received from Manomet on November 4, 2002. The EFPs would allow for 
exemptions from the GOM RMA minimum mesh size requirements specified at 
50 CFR 648.80(a)(3)(i), DAS requirements specified at Sec.  648.82(a), 
and the restrictions of GOM Rolling Closure Areas IV and V specified at 
Sec.  648.81(g).
    This industry collaborative study involves Manomet and the 
Massachusetts Division of Marine Fisheries as co-principal 
investigators. The proposed experimental fishery would test the mesh 
selectivity of single and composite mesh codends in the GOM RMA. The 
objective of the proposed study is to address bycatch and discard of 
non-target and sub-legal sized fish in the GOM groundfish otter trawl 
fishery. The proposed study would test four codends, two single and two 
composite, designed to accommodate new mesh-size regulations in various 
configurations. The four proposed codend configurations are: (1) A 
codend constructed entirely of 6.5-inch (16.5-cm) diamond mesh; (2) a 
codend constructed entirely of 7-inch (17.8-cm) square mesh; (3) a 
codend constructed with 7-inch (17.8-cm) square mesh in the upper panel 
and 6.5-inch (16.5-cm) diamond mesh in the lower panel; and (4) a 
codend constructed with 7-inch (17.8-cm) square mesh in the upper panel 
and 7-inch (17.8-cm) diamond mesh in the lower panel. Each codend would 
be covered with a small mesh (3-inch (7.6-cm)) codend cover in order to 
gather information on the length frequency of the population sampled 
versus the length frequency of the population retained. Selectivity 
curves for each test codend could then be generated using this 
information.
    The proposed study area would consist of that portion of the GOM 
RMA encompassed by a line beginning at the Maine shoreline at 69o W. 
long., extending southward to the 42o30' N. lat. and then westward to 
the 70o W. long., and then southward to the Cape Cod shoreline, 
excluding the year-round Cashes Ledge and Western Gulf of Maine closure 
areas.
    Data from previous studies showed that codends do not perform in 
the same manner in all areas at the same time, likely due to 
differences in water temperatures and conditions throughout the year. 
Therefore, in order to account for potential variations due to location 
and time of year, the proposed study area would be divided into three 
areas of operation (North, Center and South), and the study would be 
conducted over three different months (February, June and November), 
also referred to as seasons. The study is proposed to begin in February 
2003, and be completed by November 30, 2003.
    In order for the participating vessels to operate in three separate 
areas during the months of February, June and November, these vessels 
must be exempt from GOM Rolling Closure Area IV and Rolling Closure 
Area V. Rolling Closure Area IV is in effect from June 1 - June 30, 
2003, and Rolling Closure Area V is in effect from October 1 - November 
30, 2003. If participating vessels were not exempt from these seasonal 
closure areas, only the Center area could be sampled during all three 
seasons, while the North and South areas could be sampled for two 
seasons each. As a result, the ability to compare results across 
seasons and areas would be severely impacted if access to the GOM 
rolling closure areas were not authorized.
    A maximum of three vessels would be participating in the 
experimental fishery at any time. One additional vessel would be 
designated as an alternate. The three participating vessels would 
conduct one concurrent trip per season, with each vessel operating in a 
different area of operation, North, Center, or South. Each vessel would 
conduct eight tows of 20 minutes in duration with each of the four 
codend types, for a total of 32 tows per vessel per season, and a total 
of 288 tows for the entire study. Each concurrent trip would last four 
operational sea days, resulting in a total of 36 sea days for the 
entire study. Therefore, participating vessels would be exempt from a 
total of 36 DAS. Participating vessels would not engage in any other 
fishing activities other than the experimental tows while operating 
under an exempted DAS. The four operational sea days would provide 
Manomet staff with sufficient time to process catch between hauls and 
re-rig

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the vessels for each of the four test codends, and would also provide 
for additional time in case of bad weather. Depending on the distance 
of the study area from port, weather conditions, and other logistical 
factors, participating vessels could re-rig for each test codend at 
sea, or could return to port for re-rigging. Participating vessels 
would be required to notify NMFS prior to commencing an experimental 
fishing trip.
    Target species would include cod, haddock, yellowtail flounder, 
American plaice, witch flounder, pollock, and windowpane flounder. The 
primary incidental species are expected to be skate, smooth dogfish, 
spiny dogfish, sculpins, sea raven and sea robin. All biological and 
environmental information would be recorded by trained observers 
(supplied by Manomet) on relevant NMFS observer logbooks. Each 
participating vessel would have two observers on board. All catch would 
be sorted and weighed on board the vessel. In addition, all 
commercially important species would be measured. All species that do 
not meet minimum size requirements would be returned to the sea 
immediately following scientific processing. Therefore, no undersized 
fish would be retained on board the vessel. A final report containing 
the results of the study would be provided to NMFS no later than 6 
months following completion of the study.
    All vessels participating in the proposed experimental fishery 
would be required to abide by existing trip limits for cod and haddock. 
Current regulations restrict vessels fishing in the GOM to landing no 
more than 500 lb (226.8 kg) of cod per DAS, up to a maximum of 4,000 lb 
(1,814.4 kg) per trip. Vessels would also be restricted to landing 
3,000 lb (1,360.8 kg) of haddock per DAS, up to a maximum of 30,000 lb 
(13,607.8 kg), during the months of May through September, and 5,000 lb 
(2,268 kg) per DAS, up to a maximum of 50,000 lb (22,679.6 kg), during 
the months of October through April. Because each vessel is expected to 
utilize four sea days each season, these vessels would be limited to 
landing a maximum of 2,000 lb (907.2 kg) of cod each trip, and 12,000 
lb (5,443.1 kg) of haddock during the November and February trips, and 
20,000 lb (9,071.8 kg) of haddock during the June trips. If the 
Regional Administrator projects that less than 75 percent of the target 
total allowable catch for haddock will be harvested by the end of the 
fishing year, NMFS may waive the daily haddock trip limit as authorized 
under Sec.  648.86(a)(1)(iii)(B). If the daily haddock trip limit is 
waived, participating vessels would be authorized to land the maximum 
haddock trip limit.
    A draft environmental assessment (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 four vessels (three participating 
plus one alternate), exempting them from the DAS requirements, and 
specific minimum mesh size requirements and GOM rolling closure area 
restrictions of the FMP.

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

    Dated: December 13, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-32147 Filed 12-19-02; 8:45 am]
BILLING CODE 3510-22-S