[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Proposed Rules]
[Pages 9628-9629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4681]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 021903E]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permit (EFP)

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

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 
would be consistent with the goals and objectives of the Northeast (NE) 
Multispecies Fishery Management Plan (FMP). 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 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 exempt one vessel from the minimum mesh size requirements 
for the Gulf of Maine (GOM) Regulated Mesh Area (RMA); regulations 
pertaining to the GOM Rolling Closure Areas II, III, IV, and V; days-
at-sea (DAS) restrictions; and minimum fish size requirements. The 
experiment proposes to conduct a study to target cod and flounder using 
a modified trawl net constructed with a changeable inner mesh size 
codend surrounded by a small mesh codend cover to determine the 
selectivity of various square mesh sizes and mesh types. The EFP would 
allow these exemptions for one commercial vessel, for not more than 24 
days of sea trials. All experimental work would be monitored at sea by 
a biologist from a contracted consulting group and supervised ashore 
and on board (during key trips) by the project coordinator for the 
Cooperative Research Partners Initiative-funded project.
    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 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 the Cooperative Research Partners Initiative Gloucester, 
MA Trawl Selection Study.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fisheries 
Management Specialist, 978-281-9141.

SUPPLEMENTARY INFORMATION: A completed application for an EFP was 
submitted by Joseph B. Novello as part of a Cooperative Research 
Partners Initiative-funded project on January 13, 2003. The EFP would 
exempt one federally permitted commercial fishing vessel from the 
following NE

[[Page 9629]]

multispecies provisions: The minimum mesh size requirements for the GOM 
RMA at 50 CFR 648.80(a)(3)(i); regulations pertaining to the GOM 
Rolling Closure Areas II, III, IV, and V at 50 CFR 648.81(g)(1)(ii), 
(iii), (iv), and (v), respectively; NE multispecies DAS restrictions at 
50 CFR 648.82(a); and minimum fish size requirements specified at 50 
CFR 648.83(a)(1).
    The EFP would allow the commercial vessel to conduct the proposed 
study using a modified trawl net constructed with a changeable inner 
mesh size codend (liner) surrounded by a small mesh (3-inch (7.62-cm)) 
codend cover in order to determine the optimal square mesh net size and 
net type (knotted vs. unknotted) for bottom trawl gear for the purpose 
of reducing bycatch. A total of four liners would be constructed, 
including three using larger square panel knotted mesh nets (6.5, 7.0, 
and 7.4-inch (16.51-cm, 17.78-cm, and 18.80-cm, respectively)) and one 
consisting of 6.5-inch (16.51-cm) square panel unknotted mesh. For each 
liner, three 1-day fishing trips would be directed on cod, and three, 
1-day trips would target witch flounder, for a total of 24 DAS. The 
incidental catch is expected to be primarily dogfish, skates, monkfish, 
and American lobster; however, summer flounder, winter flounder, 
yellowtail flounder, and American plaice may be caught during the 
targeted witch flounder trips.
    The applicant requested that the research be conducted in the GOM 
in an area including 30-minute statistical squares 124, 125, 132, and 
133, or between 42[deg]00' and 43[deg]00' N. lat. and between 
70[deg]00' and 71[deg]00' W. long. The tows would take place between 
April 1 and December 31, 2003. Fish retained by the experimental net 
would be enumerated, weighed and measured, and returned to the sea as 
quickly as possible. Selection curves, 50-percent retention lengths, 
selection factors, and selection ranges would be determined for each of 
the four square-mesh liners. Since no fish would be landed as a result 
of this study, a NE multispecies DAS exemption would compensate for the 
fact that no economic benefit would result from fishing during the 
course of this EFP.
    The participating vessel would be required to report all landings 
in its Vessel Trip Report. The data collection activities aboard the 
participating vessel would be conducted by a biologist with the Allan 
D. Michael & Associates consulting group and supervised ashore and 
aboard (on key trips) by the project coordinator, or his official 
designee, to ensure compliance with the experimental fishery 
objectives. The EFP would also contain a provision that the Regional 
Administrator has the authority to reconsider the continuation of the 
experimental fishery on a month-to-month basis, based upon a monthly 
status report outlining total catch and bycatch submitted by the 
applicant, and would authorize the Regional Administrator to terminate 
the experimental fishery at any time, at her discretion.
    Based on the results of the EFPs, 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. 03-4681 Filed 2-27-03; 8:45 am]
BILLING CODE 3510-22-S