[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Proposed Rules]
[Pages 6863-6864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3291]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 012803C]


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.

[[Page 6864]]


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 an EFP 
application from the University of New Hampshire (UNH) Cooperative 
Extension 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 (NE) 
Multispecies Fishery Management Plan (FMP), and does not detrimentally 
affect the well being of any stock of fish likely to be taken during 
the experiment. 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 EFP would allow for an exemption from the Gulf of Maine (GOM) 
Rolling Closure area restrictions, and for an exemption from the NE 
multispecies days-at-sea (DAS) notification requirements. 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 February 
26, 2003.

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. Comments will 
not be accepted if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management 
Specialist, 978-281-9326.

SUPPLEMENTARY INFORMATION: The application for an EFP was submitted by 
the UNH Cooperative Extension for research being funded through NMFS' 
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 32 days 
of at-sea gear testing, and from the GOM Rolling Closure area 
restrictions specified at 50 CFR 648.81 for the same duration. Twelve 
(12) of the 32 days are carry-over from the first phase of the study 
which began in September 2002, and will be fished during the 2002 
fishing year (through April 30, 2003). The remaining 20 days will be 
restricted to the 2003 fishing year (May 1, 2003 to April 30, 2004) and 
are the subject of this EFP request.
    The objective of the research is to test a soft species separation 
system for the purposes of separating flatfish from roundfish in trawl 
nets and reducing 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 
trawl net with a soft species separation panel, or ramp, that would be 
positioned in front of a double codend. It would take advantage 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 sea floor 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.
    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 32 days are: Cod - 9,600 lb (4354.5 kg); flatfish (witch flounder, 
American plaice, winter flounder, yellowtail flounder) - 9,600 lb 
(4354.5 kg); and other groundfish (haddock, cusk, white hake, silver 
hake, red hake, ocean pout, wolffish, etc.) - 6,400 lb (2903 kg). This 
is approximately one-half the level of landings that would be expected 
for 32 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 the inadvertent bycatch of 
species that are subject to restrictive trip limits, such as cod, when 
fishing for species which are not subject to restrictive trip limits. 
The successful development of a soft species separation device 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 the EFP, this action may lead to future 
rulemaking.

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

    Dated: February 4, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service
[FR Doc. 03-3291 Filed 2-10-03; 8:45 am]
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