[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Notices]
[Pages 8741-8743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4331]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 021003A]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Application for an Exempted Fishing Permit (EFP)

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

ACTION: Notice of intent to issue an EFP to use modified traps to 
capture Royal

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Red Shrimp (Pleoticus robustus); 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 
preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of Federal management 
of the American lobster resource. 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 intends to issue an EFP that would allow one federally 
permitted lobster vessel to fish a maximum of six modified lobster 
traps to obtain live specimens of royal red shrimp for the purposes of 
study and cultivation. The request for the EFP was submitted by the 
Department of Molecular and Cell Biology, University of Connecticut in 
conjunction with a grant received by the U.S. Department of Agriculture 
to carry out aquaculture trials and maturation experiments on royal red 
shrimp and determine the suitability of this species for aquaculture. 
Approximately 300 to 600 live adult royal red shrimp are needed to 
carry out the aquaculture trials. Collection of the specimens will be 
conducted aboard the identified vessel during the course of routine 
commercial trap fishing operations for American lobster and red crab in 
lobster conservation management area 3, in the vicinity of Munson 
Canyon east to the Hague line. The EFP would authorize the experimental 
fishing to occur for a 1-year period beginning on the date of issuance 
of the EFP.

DATES: Comments on this action and application for an EFP for use of 
modified lobster traps for capture of royal red shrimp must be received 
on or before March 12, 2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NOAA Fisheries, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Royal Red Shrimp EFP Proposal''. Comments may also be 
sent via facsimile (fax) to (978) 281-9117. Comments will not be 
accepted if submitted via email or the internet.

FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Management 
Specialist, (978) 281-9144.

SUPPLEMENTARY INFORMATION:

Background

    The regulations that govern exempted fishing, at 50 CFR 600.745(b) 
and 697.22, allow the Regional Administrator to authorize for limited 
testing, public display, data collection, exploration, health and 
safety, environmental clean-up and/or hazardous removal purposes, and 
the targeting or incidental harvest of managed species that would 
otherwise be prohibited. An EFP to authorize such activity may be 
issued, provided that adequate opportunity is given for the public to 
comment on the EFP application; the conservation goals and objectives 
of Federal management of the American lobster resource are not 
compromised; and the issuance of the EFP is beneficial to the 
management of the species.
    Royal red shrimp can be found in the deep water habitats along the 
continental shelf and have been commercially harvested in a relatively 
limited capacity. Royal red shrimp are not a federally managed species. 
Therefore, no regulatory exemptions pertaining to their capture or 
retention are necessary.
    The American lobster fishery is the most valuable fishery in the 
northeastern United States. In 2001, approximately 74 million pounds 
(33,439 metric tons) of American lobster were landed with an ex-vessel 
value of approximately 255 million dollars. The American lobster 
resource is managed by the Atlantic States Marine Fisheries 
Commission's Interstate Fishery Management Plan for American Lobster. 
Regulations pertaining to the management of the resource in the Federal 
waters of the Exclusive Economic Zone (EEZ) are codified at 50 CFR part 
697.

Regulations Pertinent to this EFP

    The EFP for this activity relates to the experimental trap gear (no 
more than six experimental traps) and would waive the vessel from the 
trap limits as codified in 50 CFR 697.19(b)(2) and trap tagging 
requirements in 50 CFR 697.19(c) of the Federal lobster regulations. In 
addition, exemptions to the trap identification and trap tagging 
requirements in 50 CFR 697.21(a)(2), the escape vent requirement in 50 
CFR 697.21(c), the ghost panel requirement in 50 CFR 697.21(d), and the 
maximum trap size restriction in 50 CFR 697.21(e)(2)(i) and (ii) are 
also necessary to allow the applicant to carry out the proposed 
experimental fishing. These exemptions are required because the vessel 
may exceed the current trap limit by fishing up to an additional six 
traps; the size of the experimental traps is slightly larger than 
currently allowed under the Federal regulations (33,800 cu. (553,883 
cu. cm.) vs. 30,100 cu. in.(493,251 cu. cm.)); the experimental trap 
design does not provide for either an escape vent or a ghost panel; and 
no practical mechanism exists by which additional trap tags may be 
obtained by the vessel owner to affix to the experimental traps. The 
waiver of these requirements would apply to the experimental trap gear 
only. The vessel's commercial trap gear would still be held to all the 
requirements of the Federal regulations.

Proposed EFP

    The EFP request was submitted by the University of Connecticut. 
Researchers from this institution will collaborate with the owner/
operator of an identified vessel to obtain 300 to 600 live adult royal 
red shrimp. The vessel, when conducting routine commercial trap fishing 
for American lobster and red crab, would deploy up to six modified 
traps in addition to the vessel's maximum trap allocation of 1,800 
lobster traps. The modified traps will be added to the multi-trap 
trawls fished by the vessel and will not result in additional vertical 
lines in the water column. The operator of the vessel will be 
responsible for transporting, deploying, and hauling back the modified 
gear over the requested period until such time that a suitable number 
(300-600 individual live adult royal red shrimp) are successfully 
acquired or until the EFP expires (not to extend beyond one year in 
duration). Any bycatch will be discarded, and any live adult royal red 
shrimp will be retained, kept alive, and transported to researchers at 
the University of Connecticut.
    The proposed experimental traps will be of a modified lobster or 
red crab design, with approximate dimensions as follows: 50'' X 26'' X 
26'' (approximately 33,800 cu. in.; 553,883 cu. cm.). Mesh size 
throughout the body of the trap will be 1/4 in. (0.635 cm.) and each 
trap will be wrapped entirely in burlap cloth in such a manner to allow 
entry of the shrimp but prevent escapement. Fishing depth of the traps 
is expected to be between 190 and 300 fathoms, and the experimental 
fishing is proposed for lobster conservation management area 3 in the 
vicinity of Munson Canyon east to the Hague Line. The University of 
Connecticut's proposal estimates approximately 100-150 lb (45.5 - 68.2 
kg.) of bycatch in the experimental traps during the course of the 
project, including small monkfish, other finfish and shrimp species, 
small

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crabs, and lobsters. These bycatch estimates were provided by the 
applicant and are based on the results of otter trawl experiments 
conducted by NOAA funded research projects that targeted royal red 
shrimp at similar depths and provided detailed data on observed 
bycatch.

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

    Dated: February 14, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-4331 Filed 2-24-03; 8:45 am]
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