[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Proposed Rules]
[Pages 17005-17006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8555]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 032803G]


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), Department of 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 
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 allow for exemptions from: The requirement to count days-
at-sea (DAS) under this EFP against the NE multispecies DAS allocation 
for a total of 30 DAS; the fishing restrictions imposed by the Gulf of 
Maine (GOM) rolling closure areas; the minimum mesh size requirements 
specified for the GOM Regulated Mesh Area; and the minimum fish size 
requirements for the temporary retention of undersized fish for data 
collection purposes. The EFP would allow these exemptions for not more 
than 30 days of sea trials. All experimental work would be monitored by 
University of New Hampshire Cooperative Extension scientists/observers.
    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 23, 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 Cooperative Extension Codend Mesh Size Selectivity 
Study.'' Comments may also be sent via facsimile (fax) to (978) 281-
9135.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management 
Specialist, phone number 978-281-9220.

SUPPLEMENTARY INFORMATION: The UNH Cooperative Extension submitted an 
application for an EFP on January 21, 2003, with final revisions 
received on March 21, 2003. The experimental fishing application 
requests authorization to use one commercial fishing vessel to conduct 
sea trials of a hydrodynamic codend cover. The purpose of this 
experiment is to design a cover that would surround the codend without 
masking the net. Floats, weights, and kites would be placed on the 
outside of a trawl net to hold a supplemental small-mesh net away from 
the codend being examined. This would better enable researchers to 
evaluate a variety of codends by quantifying the amount of fish that 
escape, as well as those that are retained. The UNH researchers would 
use alternate tows both with, and without, the codend cover to evaluate 
differences in fish retention. Also, underwater video technology would 
be employed to observe the codend, the cover, and the fish escaping 
from the net. The codend cover would then be used to determine species 
and size selectivity of different trawl codend mesh sizes in the GOM 
multispecies fishery. Furthermore, the proposal seeks to determine fish 
retention in large mesh codends for GOM cod, haddock, whiting, and 
flounders (winter, witch, dabs). The experiment would compare the 
selectivity of 6.5-inch (16.51 cm) diamond mesh, 6.5-inch (16.51 cm) 
square mesh, 7-inch (17.78 cm) diamond mesh, and 7-inch (17.78 cm) 
square mesh codends against the regulation 6-inch (15.24 cm) diamond 
mesh. The biological impact of mesh size increases, including fishing 
mortality and discard rates of regulated multispecies, would be 
analyzed. The results of this mesh selectivity study would then be made 
available to the New England Fishery Management Council and NMFS.
    The at-sea portion of the experiment would last no longer than 30 
days between April and September, 2003. The activity would occur in 
Federal waters off the coast of New Hampshire excluding the Western GOM 
closure area. A total of 180, 30-minute tows at 2.8 knots would be 
conducted (six per day). UNH researchers would be required to be aboard 
the vessel at all times during the experimental work. All undersized 
fish would be returned to the sea as quickly as possible after 
measurement and examination. However, legal-sized fish that otherwise 
would have to be discarded would be allowed to be retained and sold 
within GOM possession limits. The participating vessel would be 
required to report all landings in its Vessel Trip Report. The catch 
levels are not expected to have a detrimental impact on the NE 
multispecies resources. Estimated total landings for the 30 days are: 
Cod-9,000 lb (4,082 kg); flounders (winter, witch, dabs)-9,000 lb 
(4,082 kg); and other groundfish (haddock, cusk, white hake, silver 
hake, ocean pout, wolffish, etc.)-6,000 lb (2,722 kg). This is 
approximately one-half the amount of fish that would be landed by the 
vessel when fishing under normal operating conditions on a NE 
multispecies DAS. Because the vessel will be fishing with a 3-inch 
(7.62 cm) codend cover it is estimated that total discards will exceed 
that of normal fishing operations. Total discard is estimated at 36,000 
lb (16,329

[[Page 17006]]

kg) (50 percent herring, 20 percent mackerel, 20 percent hake, 5 
percent cod and haddock, and 5 percent flounders (winter, witch, 
dabs)). Researchers will take precautions to avoid areas where there 
are concentrations of undersized fish.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: April 2, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-8555 Filed 4-7-03; 8:45 am]
BILLING CODE 3510-22-S