[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Proposed Rules]
[Pages 9044-9045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 021303A]


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.

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 of the required information and warrants 
further consideration. The Regional Administrator has also made a 
preliminary determination that the activities authorized under the EFP 
are consistent with the goals and objectives of the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan (FMP); the Atlantic 
Mackerel, Squid, and Butterfish FMP; and the Bluefish FMP. 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 EFPs that would allow up 
to two vessels to conduct a supplemental finfish survey, and up to 15 
additional vessels to conduct fishing operations otherwise restricted 
by the regulations governing the fisheries of the Northeastern United 
States. In order to fund the survey, the 15 additional vessels would be 
fishing for specific amounts of named species under the Research Set-
Aside (RSA) Program. 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 5 p.m. 
EST March 14, 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 NFI Supplemental Survey 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: The application process for an EFP was 
completed by the National Fisheries Institute (NFI) on January 30, 
2003. The experiment, coordinated by NFI in cooperation with Rutgers 
University and NMFS' Northeast Fisheries Science Center, requested EFPs 
for up to two vessels to conduct a supplemental finfish survey 
targeting Mid-Atlantic migratory species, and for up to 15 additional 
vessels to harvest RSA allocations. The two vessels participating in 
the research project, and up to 15 additional vessels, would make 
additional compensation fishing trips, during closed seasons, to land 
up to the total RSA quota allocation of 67,163 lb (30,465 kg) of summer 
flounder, 21,325 lb (9,673 kg) of scup, 21,338 lb (9,679 kg) of black 
sea bass, 140,543 lb (63,749 kg) of Loligo squid, 194,413 lb (88,185 
kg) of Illex squid, 702,712 lb (318,745 kg) of Atlantic mackerel, and 
141,900 lb (64,365 kg) of bluefish. However, no fish caught during 
these compensation fishing trips smaller than the legal minimum size 
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.
    Under the research project, the research vessels would make two 
trips of several days each, along two transects, and conduct 10 
research tows during each trip. One transect would be east of Hudson 
Canyon and one south of Baltimore Canyon. Sampling would be conducted 
in March and May of 2003 along each transect at 50 fm (91 m), 60 fm 
(110 m), 80 fm (146 m), 125 fm (229 m), 150 fm (247 m), 200 fm (366 m), 
and 225 fm (411 m), with two additional trawl sites added along each of 
the transects based on the catches of the target species. Primary 
target species would be summer flounder, scup, black sea bass, 
monkfish, and spiny dogfish; secondary target species would be skates, 
yellowtail flounder, winter flounder, lobster, and Loligo squid. One 
tow would be conducted at each station over a fixed distance of 2 
nautical miles, with tow speeds of 3 to 3.2 knots. A four-seam box net 
would be used with a 2.4-inch (6-cm) mesh codend. Careful records would 
be kept of all gear descriptions so that subsequent surveys can use 
consistent gear. Scientific research personnel would be on board

[[Page 9045]]

the vessels at all times when the survey is conducted.
    To facilitate the collection of data during periods with the 
greatest potential for fishing success, the research vessels would be 
exempt from the summer flounder closures at 50 CFR 648.101(a) and (b); 
summer flounder gear restrictions at Sec.  648.104; scup trimester 
quota closures at Sec.  648.121(a); scup gear restricted area 
provisions at Sec.  648.122(a) and (b); scup trawl gear restrictions at 
Sec.  648.123; black sea bass trip limits at Sec.  648.140(b)(2); black 
sea bass quarterly quota closures at Sec.  648.141; black sea bass gear 
restrictions at Sec.  648.144(1),(2),(3), and (4); Loligo squid, Illex 
squid, and mackerel closures at Sec.  648.22(a) and (c); and bluefish 
closures at Sec.  648.161(a) and (b). In order to collect individual 
fish sizes and other data, the research vessels would also be exempt 
from: Minimum size requirements for summer flounder at Sec.  
648.103(a),(b), and (c); for scup at Sec.  648.124(a); for black sea 
bass at Sec.  648.143; for monkfish at Sec.  648.93; for spiny dogfish 
at Sec.  648.233; for yellowtail flounder and winter flounder at Sec.  
648.83; and for lobster at Sec.  697.20(b); from spiny dogfish closures 
at Sec.  648.231; and from Northeast multispecies regulated mesh 
requirements, and restrictions on gear and methods of fishing at Sec.  
648.80.
    The 1 to 15 vessels that would be used to harvest the RSA 
allocations would be exempt only from the summer flounder closures at 
Sec.  648.101(a) and (b); summer flounder gear restrictions at Sec.  
648.104; scup trimester quota closures at Sec.  648.121(a); black sea 
bass trip limits at Sec.  648.140(b)(2); black sea bass closures at 
Sec.  648.140 and Sec.  648.141; Loligo squid, Illex squid, and 
Atlantic mackerel closures at Sec.  648.22(a) and (c); and bluefish 
closures at Sec.  648.161(a) and (b).
    Any landings that would occur from research or compensation fishing 
would be reported in the Vessel Trip Reports, as required. All landings 
would be landed in compliance with applicable state landing laws.

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

    Dated: February 20, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-4566 Filed 2-26-03; 8:45 am]
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