[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Proposed Rules]
[Pages 11793-11794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5903]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 022403D]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits (EFPs)

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 EFPs 
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 EFPs. Therefore, NMFS announces that the Regional Administrator 
proposes to issue EFPs that would allow four vessels to conduct fishing 
operations that are otherwise restricted by the regulations governing 
the fisheries of the Northeastern United States. The EFPs would exempt 
these vessels from minimum mesh size requirements of the Gulf of Maine 
(GOM) and Georges Bank (GB) Regulated Mesh Areas (RMAs) and from the 
seasonal GOM Rolling Closure Areas II and III. The proposed experiment 
would test a separator panel designed to separate haddock from cod in 
the GOM and GB RMAs. All experimental work would be monitored by 
Manomet Center for Conservation Sciences (Manomet) personnel. 
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 must be received at the appropriate address or fax 
number (see ADDRESSES) on or before March 27, 2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
Manomet Separator Trawl EFP Proposal.'' Comments may also be sent via 
fax to (978) 281-9135. Comments will not be accepted if submitted via 
e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Heather Sagar, Fisheries Management 
Specialist, 978-281-9104.

SUPPLEMENTARY INFORMATION: An initial application from Manomet was 
received on December 6, 2002, and the application was completed on 
January 31, 2003. The proposed study would test a modified trawl net 
with a separator panel, designed to separate haddock from cod. The 
modified net would be built with a 4-inch mesh horizontal separator 
panel dividing the trawl codend into an upper and lower codend. Both 
codends would be constructed with legal minimum mesh size and the net 
would be fully compliant with current regulations except for the 
insertion of a small mesh separator panel. The study would involve four 
phases. The first phase would consist of development and construction 
of a separator trawl net. Phase two would involve a series of sea 
trials conducted with an underwater video camera to ensure that the 
trawl and separator panel are fishing properly. Trials would take place 
in shallow water to ensure high quality video imaging. This process 
would take up to 2 days. Phase three would be the experimental sea 
trials. Four commercial vessels would fish 5 days each, making 
approximately five tows per day for a total of 100 tows for this 
portion of the study. Tow length would be approximately 30 minutes and 
experimental tows would mimic normal fishing practices. This would 
result in a total of 22 sea days for the entire study (including 2 days 
for preliminary sea trials). Participating vessels would be required to 
notify NMFS prior to commencing an experimental fishing trip. The final 
phase of the experiment would be data analysis and reporting, including 
a video analysis.
    The proposed study area would take place off the coast of Cape Cod, 
MA, inside the area defined by the following coordinates: 42[deg]15' N. 
lat., 70[deg]15' W. long.; 42[deg]15' N. lat., 69[deg]30' W. long.; 
42[deg]00' N. lat., 69[deg]30' W. long.; 42[deg]00' N. lat., 68[deg]30' 
W. long.; 41[deg]30' N. lat., 68[deg]30' W. long.; 41[deg]30' N. lat. 
70[deg]00' W. long. following the Cape Cod shoreline north to 
42[deg]00' N. lat., 70[deg]00' W. long.; 42[deg]00' N. lat., 70[deg]15' 
W. long.; and 42[deg]15' N. lat., 70[deg]15' W. long. Areas subjected 
to permanent closures would be avoided. The EFPs would allow for 
exemptions from the GOM and GB RMA minimum mesh size requirements 
specified at 50 CFR 648.80(a)(1) and (a)(2), and seasonal GOM Rolling 
Closure Areas II and III specified at 50 CFR 648.81(g).
    Under this experiment, target species would be cod, haddock, 
yellowtail flounder, American plaice, witch flounder, pollock, and 
windowpane flounder. Incidental species would include skate, smooth 
dogfish, spiny dogfish, sculpins, sea raven and sea robin. All 
biological and environmental information would be recorded by trained 
observers (supplied by Manomet) on relevant NMFS observer logbooks. 
Each participating vessel would have an observer on board. All catch 
would be sorted and weighed on board the vessel. In addition, all

[[Page 11794]]

commercially important species would be measured. Species that do not 
meet minimum size requirements would be returned to the sea immediately 
following scientific processing. Experimental fishing operations would 
take place from approximately April 1 through September 30, 2003. A 
final report containing the results of the study would be provided to 
NMFS no later than 6 months following completion of the study.
    A portion of the experimental fishing area proposed in this EFP is 
in the GOM RMA. However, the majority of the experiment area is on GB, 
and all vessels participating in the proposed experimental fishery 
would be required to abide by existing trip limits for GB cod and 
haddock for the duration of this experiment. Current regulations 
restrict vessels fishing on GB to landing no more than 2,000 lb (907.2 
kg) of cod per days-at-sea (DAS), up to a maximum of 20,000 lb (9,071.8 
kg) per trip. Because each vessel is expected to utilize 5 sea days, 
these vessels would be limited to landing a maximum of 2,000 -10,000 lb 
(907.2 - 4,536 kg) of cod per trip. Vessels would also be restricted to 
landing no more then 30,000 lb (13,608 kg) of haddock per trip from May 
through September, and 50,000 lb (22,680 kg) of haddock per trip, from 
October through April. In addition, vessels would be subject to the 
haddock trip limit, by day or by trip, as required by the regulations, 
should a daily haddock trip limit or overall trip limit be in effect 
for the commercial fishery (i.e., at the start of the May 1, 2003, 
fishing year, and if a daily limit is imposed prior to the end of the 
fishing year in order to prevent the haddock TAC from being exceeded).
    EFPs would be issued to four vessels, exempting them from the 
specific minimum mesh size requirements restrictions and seasonal GOM 
Rolling Closure Area II and III of the FMP.
    Based on the results of the EFP, this action may lead to future 
rulemaking.

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

    Dated: March 6, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-5903 Filed 3-11-03; 8:45 am]
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