[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Proposed Rules]
[Pages 19180-19181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9636]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 040703D]


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), Commerce.

ACTION: Notification of a proposal for EFPs to conduct experimental 
fishing; request for comments.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator) has made a preliminary determination that an 
application to issue EFPs to six longline and tub trawl vessels, 
submitted by the Maine Department of Marine Resources (Maine DMR), 
contains all the information required by the regulations governing 
exempted experimental fishing under the provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
and, therefore, warrants further consideration. The Regional 
Administrator has also made a preliminary determination that the 
activities authorized under these EFPs would be consistent with the 
goals and objectives of the Northeast Multispecies Fishery Management 
Plan (FMP) and is within the scope of earlier analyses of the impacts. 
However, further review and consultation may be necessary before a 
final determination is made to issue six EFPs. Therefore, NMFS 
announces that the Regional Administrator proposes to issue EFPs that 
would allow six commercial longline or tub trawl vessels to conduct 
fishing operations that are otherwise restricted by the regulations 
governing the fisheries of the Northeastern United States.
    Regulations under the Magnuson-Stevens Act require publication of 
this notification to provide interested parties the opportunity to 
comment on applications for proposed EFPs.

DATES: Comments on this notification must be received at the 
appropriate address or fax number (see ADDRESSES) on or before May 5, 
2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Maine Halibut EFP Proposal.'' Comments may also be sent 
via facsimile to (978) 281-9135. Comments will not be accepted if 
submitted via e-mail or the Internet.
    Copies of the Draft 2003 Supplement to the Environmental Assessment 
(EA) Prepared for the 2002 Experimental Halibut Fishery in Groundfish 
Closed Areas in the Eastern Gulf of Maine are available from the 
Northeast Regional Office at the same address.

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

SUPPLEMENTARY INFORMATION: NMFS announces that the Regional 
Administrator intends to issue EFPs to allow six federally permitted 
vessels to fish for, land, and possess Atlantic halibut (Hippoglossus 
hippoglossus) in excess of the allowable landing and possession limit 
specified at 50 CFR 648.86(c) within a portion of the Gulf of Maine 
Regulated Mesh Area (GOM RMA). The EFPs would also allow these vessels 
to possess temporarily Atlantic halibut less than the minimum size 
requirement of 36 inches (91.4 cm) specified at Sec.  648.83(a)(1) for 
purposes of collecting scientific information. In addition, the EFPs 
would allow vessels access to GOM Rolling Closure Area IV.
    Maine DMR submitted a proposal on December 1, 2002, to conduct an 
experimental Atlantic halibut fishery in a portion of the GOM RMA. The 
industry collaborative experiment involves Maine DMR, with consultation 
provided by the NMFS Northeast Fisheries Science Center (Center). The 
purpose of the experiment is to continue the collection of data on the 
distribution, relative abundance, migration, stock definition, 
mortality rates, stock size, yield, and other significant biological 
reference points of the Atlantic halibut resource to be used in the 
long-term management of the species. In addition, the experiment 
proposes to collect information on age and growth, size and sex 
composition, and rate and onset of sexual maturity. The proposed 
experiment is a continuation of experimental fisheries conducted by 
Maine DMR in 2000, 2001, and 2002.
    Maine DMR proposed that the study would occur from April 1 through 
May 31, 2003, or for 60 consecutive days beginning from the actual 
start date, and would take place in a portion of the GOM RMA defined by 
the following coordinates:

------------------------------------------------------------------------
           Area Point                 N. Latitude        W. Longitude
------------------------------------------------------------------------
HAL 1...........................      Mainland Maine        69[deg] 00''
                                           Coastline
HAL 2...........................          43o 12.3''         69[deg]00''
HAL 3...........................      43[deg] 58.3''      67[deg] 21.5''
HAL 4*..........................      Mainland Maine      Mainland Maine
                                  Coastline and U.S./ Coastline and U.S./
                                     Canada Maritime     Canada Maritime
                                            Boundary            Boundary
------------------------------------------------------------------------
*Between points HAL 3 and HAL 4, the area follows the U.S./Canada
  maritime boundary.


[[Page 19181]]

    A maximum of six traditional longline and tub trawl vessels would 
be authorized to participate in the experiment at any given time. These 
vessels would be limited to a maximum number of 700 hooks per boat, and 
would be restricted to using circle hooks no smaller than 14/0 in size. 
Each of the six participating vessels would also be limited to a total 
allowable catch (TAC) of 50 individual halibut, with no possession or 
landing limit prior to reaching this amount. Once this TAC is reached 
by an individual vessel, that vessel would be restricted to possessing 
and landing no more than four legal-sized halibut per day. The maximum 
number of Atlantic halibut that could be harvested as part of this 
study would be 500. The maximum harvest for both the 2000 and 2001 
experimental fisheries was 1,080 halibut; for the 2002 study, it was 
reduced to 234 halibut.
    Logbooks supplied by Maine DMR would be used to record information 
on length of all halibut caught, whether retained or released, time and 
place of all halibut caught, tag number (if applicable), amount of gear 
used, and bait type. In addition, species identification and length of 
all species caught as bycatch during the course of the study would be 
recorded. For all halibut that are retained, participants would be 
required to preserve stomachs, gonads, and any other biological samples 
(including scale and otolith samples) requested by scientists from 
Maine DMR and NMFS for further analyses. All halibut less than 36 
inches (91.4 cm) total length would be measured, tagged and released. 
Only legal-sized halibut would be retained for commercial sale. 
Training in the procedures for collecting this information would be 
provided by Maine DMR or Center personnel. In addition, participants 
would be required to complete a training program in the tagging and 
release of halibut. Vessels may be required to carry onboard observers 
as requested by NMFS and Maine DMR. Maine DMR or Center personnel would 
train observers in the protocols of the experiment.
    The 2002 experimental Atlantic halibut fishery took place with six 
vessels participating from April 1 - May 31, 2002, within the same 
study area as the proposed 2003 experimental fishery. Over the course 
of 60 days, 469 Atlantic halibut were caught, of which 234 were kept 
and 235 were tagged and released. Therefore, the experimental fishery 
attained the maximum allowable harvest of 234 halibut. Most of the kept 
halibut were sold for consumption, but 30 were sold live to the 
University of Maine for use as brood stock. Ten tagged fish were 
recaptured in 2002: seven from the 2000 experimental fishery, two from 
the 2001 season and one from the 2002 season. Otolith and gonad samples 
were taken from all fish retained, except for the 30 fish sold live to 
the University of Maine.
    The 2001 experimental Atlantic halibut fishery took place from 
April 12-May 31, 2001, within the same study area. Although six vessels 
were permitted to fish in the 2001 experimental fishery, only four 
actively participated. Over the course of 50 days, 152 Atlantic halibut 
were caught, of which 126 were kept and 26 were tagged and released. 
Most of the kept halibut were sold for consumption, but 45 of the 126 
kept halibut were sold live to the University of Maine for use as brood 
stock. Two of the fish that were caught were recaptured from the 2000 
experimental fishery. One of the recaptured fish was re-released, while 
the other was sold live to the University of Maine. Otolith and gonad 
samples were taken from all fish retained, except for the 45 fish sold 
live to the University of Maine.
    The 2000 experimental Atlantic halibut fishery took place from 
April 15 to June 15, 2000. Three vessels participated in this 
experimental fishery capturing 234 halibut, of which 162 were kept.
    With an average weight of 47 lb (21 kg) per halibut, the 2000 
experimental fishery landed 7,650 lb (3.5 metric tons (mt)) of halibut, 
approximately 32 percent of the 11-mt total Atlantic halibut landings 
from the GOM/Georges Bank (GB) management unit in 2000. Outside of the 
experimental fishery, vessels were (and continue to be) restricted to a 
trip limit of one halibut. The 2001 Atlantic halibut experimental 
fishery landed approximately 2.5 mt, 22 percent less than the 2000 
experimental fishery's halibut landings. The 2002 Atlantic halibut 
experimental fishery landed 4.3 mt, or about 20 percent of the total 
GOM/GB halibut landings (22 mt) during 2002. Based on the past year's 
data, if the 2003 experimental fishery harvests the proposed maximum 
allowable take of 500 halibut, the 2003 landings will be approximately 
20,276 lb (9.2 mt). In comparison, the halibut landings from the 
Canadian Scotian Shelf/Southern Grand Banks management unit totaled 
about 1,000 mt in 2001, with a total allowable catch of 1,150 mt for 
that unit in 2002.
    Given that the Canadian halibut harvest is more than 100 times the 
proposed harvest for the 2003 experimental fishery, NMFS believes that 
the taking of 500 halibut will not significantly impact the halibut 
resource because halibut appear to be a transboundary resource. If the 
GOM/GB halibut population is discrete, the impacts of the proposed 
increase in total allowable harvest from 234 to 500 in the 2003 
experimental fishery on the Atlantic halibut resource are unknown, but 
do not appear to exceed the impact of the U.S. trawl bycatch and 
Canadian fisheries. NMFS believes the potential negative biological 
impacts (which are not fully known) from the increased harvest by the 
experimental fishery would be outweighed by the biological benefits 
that could be obtained from the study. Furthermore, NMFS would closely 
monitor the catch rates of vessels participating in this experimental 
fishery. If NMFS determines that catch rates are declining, indicating 
a significant impact to the resource, it would have the authority to 
terminate the experimental fishery.
    The EA prepared for the 2002 experimental fishery concluded that 
the activities conducted under the 2002 EFP were consistent with the 
goals and objectives of the Northeast Multispecies Fishery Management 
Plan and would have no negative environmental impacts including impacts 
to Essential Fish Habitat, marine mammals, and protected species. The 
draft 2003 Supplement to the 2002 EA makes a preliminary determination 
that the proposed experimental fishery to collect biological and 
ecological information on Atlantic halibut will not significantly 
affect the quality of the human environment.
    Based on the results of the EFPs, this action may lead to future 
rulemaking.

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

    Dated: April 14, 2003.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-9636 Filed 4-17-03; 8:45 am]
BILLING CODE 3510-22-S