[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Proposed Rules]
[Pages 9629-9630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 021403B]


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 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) and the Atlantic 
Mackerel, Squid, and Butterfish 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 10 vessels to test the 
effectiveness of a 5.5-inch (13.97-cm) square mesh extension escapement 
panel for reducing bycatch of scup and retain Loligo squid inside the 
Gear Restricted Areas (GRAs), 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 17, 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 Squid Scup GRA 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 28, 
2002. To conduct the experiment, NFI, in cooperation with Rutgers 
University and Manoment Center for Conservation Sciences, requested 
EFPs for up to 10 vessels to test the effectiveness of a 5.5-inch 
(13.97-cm) square mesh extension escapement panel for reducing bycatch 
of scup and retaining Loligo squid inside the GRAs (mesh study), and 
for up to 15 additional vessels to harvest RSA allocations. Coordinates 
of the GRAs are listed at 50 CFR 648.122(a) and (b). The 10 vessels 
participating in the mesh study and up to 15 additional vessels would 
make additional compensation fishing tips, during closed seasons, to 
land up to the total RSA quota allocation of 140,543 lb (63,749 kg) of 
Loligo squid, 23,325 lb (10,580 kg) of scup, and 21,338 lb (9,679 kg) 
of black sea bass. However, no fish caught during these compensation 
fishing trips smaller than the legal minimum size would 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 project.
    The research project would be carried out by the research vessels 
conducting discard monitoring and net testing. Discard monitoring will 
rely on vessel reports to identify areas of high scup discarding. Once 
areas of high scup

[[Page 9630]]

discarding are identified, the research vessels would work in pairs to 
make coordinated trips of about 5 days duration. Each research vessel, 
working in close proximity to the paired research vessel, would conduct 
about 10 research tows for a total of about 20 research tows during a 
coordinated trip. One of the vessels would use unmodified gear (1.875-
inch (4.76-cm) standard codend and unmodified extension) and the other 
would use modified gear (1.875-inch (4.76-cm)) standard codend with a 
square mesh panel in the extension or other configuration). Nets will 
be towed using an ABBA pattern of deployment. Approximately 80 combined 
two-hour research tows will be made to carry out the mesh study. Most 
tows would occur in March, but some tows may take place in November and 
December. The catch will be sorted by species and weighed. Target 
species in order of priority will be scup, Loligo squid, summer 
flounder, black sea bass, and whiting. Data will be statistically 
analyzed and a report prepared. Generally, where sampling permits, at 
least 100 lengths of discards and landings will be collected for each 
target species.
    To conduct the mesh study, the research vessels would be granted 
exemptions to black sea bass quarterly quota closures at Sec.  648.141; 
scup trimester quota closures at Sec.  648.121(a); scup time and area 
restrictions at Sec.  648.122(a) and (b); scup trawl gear restrictions 
at Sec.  648.123; and Loligo squid trip and quarterly closures at Sec.  
648.22. In addition, in order to collect individual size measurements 
and other data, the EFP for the ten vessels identified as research 
vessels to conduct the mesh study would grant additional exemptions 
from the following regulations: Minimum sizes for scup at Sec.  
648.124(a), summer flounder at Sec.  648.103(a), (b), and (c), and 
black sea bass at Sec.  648.143. The 1 to 15 vessels that would be used 
to harvest the RSA would be exempt from the following: Black sea bass 
trip limits at Sec.  648.140(b)(2); black sea bass quarterly quota 
closures at Sec.  648.141; scup trimester quota closures at Sec.  
648.121(a); and Loligo squid possession limit, and quarterly closures 
at Sec.  648.22(a) and (c).
    Any landings that would occur from research or compensation fishing 
would be reported in the Vessel Trip Report, as required, because the 
participating vessels possess a commercial scup, Loligo squid, summer 
flounder, or black sea bass moratorium permit. All fish would be landed 
in compliance with applicable state landing laws.
    Based on the results of the EFP, this action may lead to future 
rulemaking.

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

    Dated: February 21, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries National Marine 
Fisheries Service.
[FR Doc. 03-4680 Filed 2-27-03; 8:45 am]
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