[Federal Register Volume 68, Number 58 (Wednesday, March 26, 2003)]
[Proposed Rules]
[Pages 14570-14571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7255]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 031803A]


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 EFP 
would be consistent with the goals and objectives of the Northeast 
Multispecies Fishery Management Plan (FMP).

[[Page 14571]]

 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 allow for exemptions from the 
days-at-sea (DAS) and Rolling Closure Area IV regulations. The 
experiment proposes to design and test a baited groundfish pot in a 
portion of the Gulf of Maine. 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 on or before April 10, 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 UNH Baited Groundfish Pot EFP Proposal.'' Comments may 
also be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Susan W. Chinn, Fishery Management 
Specialist, 978-281-9218.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on 
October 28, 2002, by University of New Hampshire (UNH) Cooperative 
Extension for an experiment funded by the Northeast Consortium to 
design and test a baited groundfish pot, with a final submission on 
February 3, 2003. The EFP would facilitate the development of a viable 
alternative to traditional fishing gear for cod and other groundfish 
based on examples that are already being used in Alaska, New Zealand, 
and Australia. This experiment is important because the use of baited 
pots to harvest groundfish could reduce seabed impact compared to 
trawling; reduce bycatch due to high selectivity of species and size 
enabled by the ability to control entrance size, mesh size, escape 
vents, and type of bait; and increase survivability of discards, 
because fish would be brought aboard alive and relatively unharmed.
    The experiment would commence as soon as possible and extend 
through October 30, 2003. The field sampling portion of the baited 
groundfish pot study would require up to 20 days at sea on board one 
commercial fishing vessel using up to 10 pots per day. The pots would 
be constructed using wire mesh materials with a poly netting roof. The 
prototype would be 5 ft x 5 ft x 2.5 ft (1.5 m x 1.5 m x 0.8 m) (length 
x width x height) with an expandable/collapsible roof of 5-ft (1.5-m) 
high netting to increase pot volume while keeping the physical size of 
the pot relatively small while on board. A total of 10 pots would be 
constructed and tested at sea during the experiment. Each pot would be 
deployed similarly to the method for lobster pot deployment. Weak links 
would be used and escape panels installed in accordance with lobster 
gear requirements.
    During the sea trial phase, the first eight data collection trips 
would have a UNH Cooperative Extension scientist/researcher on board, 
and the catch would be measured according to NMFS sea sampling 
methodology and recorded on NMFS logbooks. All experimental activities 
would be conducted in the area bounded by the lines extending from 
43[deg]30' N. lat., 69[deg]00' W. long., northward along 69[deg]00' W. 
long., and westward along 43[deg]30' N. lat., to their intersection 
with the Maine coastline. Estimated total daily landings, including 
discards for the 20 days, are 500 lb (226.8 kg) of mixed groundfish. 
Each day's catch would be sampled, measured, and returned to the sea as 
quickly as possible. It is expected that most fish would be released 
alive. A small portion of the catch might be retained for tagging and 
further research at the laboratory.
    The EFP would be issued to one federally-permitted commercial 
multispecies vessel to exempt it from certain requirements of the FMP. 
Specifically, the vessel would be exempt from the DAS requirements at 
50 CFR 648.82(a) and from Rolling Closure Area IV, specified at Sec.  
648.81(g)(1)(iv).
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: March 20, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-7255 Filed 3-25-03; 8:45 am]
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