[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Proposed Rules]
[Pages 8871-8872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4440]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D 020303A]


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 8872]]


ACTION: Notification of a proposal for EFPs to conduct experimental 
fishing; request for comments.

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

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 the Summer 
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), the 
Mid-Atlantic Fishery Council Research Set-Aside Program, and the 
Atlantic Coastal Fisheries Cooperative Management Act American lobster 
regulations. However, further review and consultation may be necessary 
before a final determination is made to issue an EFP. Therefore, NMFS 
announces that the Regional Administrator proposes to issue an EFP that 
would allow one vessel to conduct fishing operations otherwise 
restricted by the regulations governing the fisheries of the 
Northeastern United States. The vessel would be exempt from the black 
sea bass Centropristis striata, commercial fishing closure and size 
limit requirements (size limit exemption is for retaining research 
samples only), and from Federal lobster/black sea bass pot restrictions 
in Lobster Management Area 4, lobster trap limits, lobster escape vent 
requirements, tag requirements in Lobster Management Areas 4 and 5, and 
any black sea bass area restrictions. The exemptions will allow for 
experimentation with three different black sea bass escape vent sizes, 
and for compensation fishing to fund the research.

DATES: Comments on this document must be received on or before 5:00 
p.m. EST March 13, 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 BSB Escape Vent EFP Proposal.'' Comments may also be sent 
via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Paul Perra, Fishery Policy Analyst, 
978-281-9153.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted to 
NMFS by Wizard Enterprises on September 9, 2002. 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. The EFP is 
being requested to facilitate a research project by one vessel that 
would compare the effects of three different black sea bass pot escape 
vents on the structure of black sea bass populations. To provide the 
greatest potential for fishing success, it would be necessary to allow 
the vessel to fish for, and possess, black sea bass during closures 
that may be implemented due to the attainment of the commercial quota 
and frame work adjustments at 50 CFR, 648 subpart I, and minimum size 
limits at 50 CFR 648 subpart I (size limit exemption is for retaining 
research samples only); and to exempt the vessel from the 800 lobster 
pot limit at 50 CFR 697.19(a)(2), tag restrictions at 50 CFR part 
697.19(c), and escape vent requirements at 50 CFR 697.21(c). These 
exemptions would be necessary for the vessel to fish 144 experimental 
black sea bass/lobster pots. However, in order to maintain the 
conservation goals of the regulations for American lobster and to 
protect marine mammals, no lobster harvest would be allowed from any 
experimental black sea bass/lobster pots fished in Lobster Area 
Management 4, and all experimental black sea bass/lobster pots would be 
required to be fished in conformance with the gear requirements under 
the Atlantic Large Whale Take Reduction Plan, Marine Mammal Protection 
Act, and Endangered Species Act. In order to make it economically 
efficient to provide the funding for the research, the vessel 
participating in the research project also would be authorized to make 
additional compensation fishing trips during closed seasons, to land up 
to a total of 25,000 lb (11,340 kg) of black sea bass. However, no 
black sea bass smaller than the minimum size of 11 inches (27.9 cm) 
could be sold, traded, bartered, or processed for sale. Landings from 
such trips would be sold to generate funds that would defray the costs 
associated with the research projects.
    Traps with either a 2-inch (5.08-cm) square, a 2 3/8-inch (6.03-cm) 
circular, or a 5 3/4-inch (14.61-cm) rectangular escape vent would be 
tested. The experiment would use 144 traps set in 12 trap strings. The 
12 trap strings would be connected by rope at regular intervals and 
deployed with one float on each end. Two strings of traps each would be 
deployed next to six different wrecks off the New Jersey coast. Traps 
would be pulled once a week from mid-May to mid-November. Approximately 
26 day-long research fishing trips are proposed for the project during 
2003. The fishing activity would occur primarily off the coast from 
Manasquan to Cape May, NJ. A NMFS-supervised technician would be 
onboard the participating vessel during all research trips. Any 
landings that would occur from research or compensation fishing would 
be reported in the Vessel Trip Report, as required, because the 
participating vessel possesses a commercial black sea bass moratorium 
permit. All landings would be landed in compliance with applicable 
state landing laws.
    Based on the results of the EFPs, this action may lead to future 
rulemaking.

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

    Dated: February 19, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-4440 Filed 2-25-03; 8:45 am]
BILLING CODE 3510-22-S