[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Proposed Rules]
[Pages 17333-17334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8685]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 032803B]


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.

-----------------------------------------------------------------------

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 three vessels 
to conduct fishing operations that are otherwise restricted by the 
regulations governing the fisheries of the Northeastern United States. 
The EFP would exempt three vessels from the minimum mesh size 
requirements for the Gulf of Maine (GOM) Regulated Mesh Area (RMA); 
regulations pertaining to the GOM Rolling Closure Areas III and V; 
days-at-sea (DAS) restrictions; and minimum fish size requirements. The 
experiment proposes to conduct a study to target cod and other 
groundfish species using modified bottom trawl gear to assess the 
effectiveness of square and hexagonal mesh escape windows, both with 
and without visual stimuli, in reducing the bycatch of non-target and 
undersized fish in the GOM groundfish fishery. The EFP would allow 
these exemptions for three commercial fishing vessels, for not more 
than 24 days of sea trials. All experimental work would be monitored at 
sea by observers trained to NMFS standards as part of this 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 April 
24, 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 Escape 
Window and Visual Stimuli Selectivity 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 Dr. Christopher Glass as part of a Cooperative Research 
Partners Initiative-funded project on January 28, 2003. The EFP would 
exempt three federally permitted commercial fishing vessels from the 
following NE 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 III and V at 50 CFR 
648.81(g)(1)(iii) 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 vessels to conduct the proposed 
study using modified bottom trawl gear. A total of four experimental 
codend configurations would be developed, including: (1) A codend made 
of 6.5-inch (16.51-cm) diamond mesh preceded by a 7-inch (17.78-cm) 
square mesh escape window in the extension; (2) a codend made of 6.5-
inch (16.51-cm) diamond mesh preceded by a 7-inch (17.78-cm) hexagonal 
mesh escape window in the extension; (3) a codend made of 6.5-inch 
(16.51-cm) diamond mesh preceded by a 7-inch (17.78-cm) square mesh 
escape window in the extension, with additional visual stimulus by a 
black panel wrapped around the codend between the escape window and the 
codend; (4) a codend made of 6.5-inch (16.51-cm) diamond mesh preceded 
by a 7-inch (17.78-cm) hexagonal mesh escape window in the extension, 
with additional visual stimulus by a black panel wrapped around the 
codend between the escape window and the codend. Two conventional nets 
of 6.5-inch (16.51-cm) diamond mesh and 6.5-inch (16.51-cm) square mesh 
codends would be used to compare the effectiveness of the experimental 
extension configurations. For each of the four experimental codend 
configurations, a total of 30 valid tows would be conducted, while a 
total of 18 valid tows would be conducted for each of the two control 
codends, for a project total of approximately 156 tows of 20 minutes 
each in duration. Each of the three participating vessels would test 
all six of the codend configurations, concurrently, in different 
portions of the intended sampling area. Sampling would occur during two 
seasons (spring and fall), with operations taking place in May and 
October 2003, respectively.
    A total of 24 DAS would be used during the course of this research. 
Each vessel would conduct 4-day fishing trips during each of the two 
seasons to carry out the sea trials. Vessels would target the following 
species: Atlantic cod, haddock, yellowtail flounder, winter flounder, 
summer flounder, and American plaice. The incidental catch is expected 
to be comprised mainly of skate, smooth and spiny dogfish, sculpin, sea 
raven, and sea robin.
    The applicant requested that the research be conducted in the GOM 
in an area including 30-minute statistical squares 124, 125, 132, and 
133; i.e., between 42[deg]00' and 43[deg]00' N. lat. and between 
70[deg]00' and 71[deg]00' W. long. All fish retained by the 
experimental nets would be weighed and measured as quickly as possible. 
Undersized fish would be returned to the sea as quickly as possible 
after measurement, while legal-sized fish would be landed and sold to 
offset vessel costs.
    The catches of each codend configuration would be compared and 
analyzed to assess the effectiveness of

[[Page 17334]]

the escape windows, visual stimuli, and codend mesh shapes (diamond 
versus square mesh). Length frequency distributions and catch rates 
would be compared for each species by vessel, area, and experimental 
net configuration. Selectivity parameters would be developed for each 
species, including a determination of the 50-percent retention length, 
the selection factor, and the selection range for each species targeted 
in this study.
    The participating vessels would be required to report all landings 
in their Vessel Trip Reports. The data collection activities aboard the 
participating vessel would be observers trained to NMFS standards 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: April 3, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-8685 Filed 4-8-03; 8:45 am]
BILLING CODE 3510-22-S