[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Notices]
[Pages 19518-19519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9794]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[ID. 040703E]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Application for an Exempted Fishing 
Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of an exempted fishing permit application; 
request for comments.

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SUMMARY: NMFS announces the receipt of an exempted fishing permit (EFP) 
application for a cooperative project between the Oregon State 
Department of Fish and Wildlife (ODFW), and the NMFS Northwest Fishery 
Science Center. If awarded, this EFP would allow qualifying vessels to 
harvest and retain federally managed groundfish in closed rockfish 
conservation areas and to retain federally managed groundfish species 
in excess of cumulative trip limits. These activities are otherwise 
prohibited. Vessels fishing under these EFPs will be required to carry 
a Federal fisheries observer while conducting EFP fishing. This EFP 
proposal is intended to promote the objectives of the Pacific Coast 
Groundfish Fishery Management Plan (FMP) by assessing the effectiveness 
of a fishing gear configuration that was designed to harvest flatfish 
stocks while reducing the incidental catch of low abundance rockfish 
species.

DATES: Comments must be received by May 6, 2003.

ADDRESSES: Copies of the EFP application are available from Becky Renko 
Northwest Region, NMFS, 7600 Sand Point Way N.E., Bldg. 1, Seattle, WA 
98115-0070.

FOR FURTHER INFORMATION CONTACT: Becky Renko (206)526-6110 or Carrie 
Nordeen (206) 526-6144.

SUPPLEMENTARY INFORMATION: This action is authorized by the FMP and 
implementing regulations at 50 CFR 600.745 and 50 CFR 660.350.
    Dover sole, petrale sole, English sole, rex sole, and arrowtooth 
flounder are abundant and important flatfish species in the Pacific 
Coast groundfish fishery. These flatfish species have historically been 
caught by vessels using trawl gear in depths of 50-150 fathoms (91-274 
meters). Beginning in 2003, many of the areas where these flatfish 
species have historically been harvested are within the Trawl Rockfish 
Conservation Area (RCA) where fishing with bottom trawl gear is 
prohibited. Rockfish conservation areas are gear-specific, large-scale 
depth-related areas where low abundance (overfished) rockfish species 
are commonly found. It was necessary to define these areas to restrict 
fishing so the 2003 optimum yield (OY) levels for the overfished 
rockfish species are not exceeded.
    The purpose of the exempted fishing activity is to measure the rate 
at which un-targeted species, particularly canary, darkblotched, 
yelloweye and widow rockfish, are taken by commercial fishers using an 
experimental trawl net. This experimental net was specifically designed 
to be more selective in the harvest of flatfish species than the trawl 
net configurations that are currently used in the fishery.
    In 2001 and 2002, ODFW chartered commercial fishing vessels to 
develop and test new trawl net designs. Testing was conducted to 
compare the new net design with trawl net configurations that are 
typically used in the fishery. During the initial testing, significant 
reductions in the catch of overfished rockfish species relative to 
flatfish catch were observed. ODFW believes that this gear design, 
which meets the requirements of small footrope bottom trawl gear as 
defined by regulations at 50 CFR 660, could become an effective way for 
fishery participants to reduce rockfish bycatch in the flatfish 
fishery.
    To encourage fishers to use this gear, increased trip limits for 
flatfish would be available to vessels that are willing to modify their 
existing gear or purchase new gear that is consistent with the design 
requirements, as defined by

[[Page 19519]]

ODFW, and who are willing to carry an observer on board their vessel 
during all EFP fishing. The information gathered through this EFP may 
lead to changes in the management measures and future rulemakings.
    An EFP is needed to allow for vessel to retain and land fish in 
excess of the trip limits announced in the Federal Register and to use 
the experimental trawl gear to directly harvest Dover sole, petrale 
sole, English sole, rex sole, and arrowtooth flounder in an RCA, where 
these flatfish species are most abundant. These activities are 
otherwise prohibited by Federal regulations. The information gathered 
through this EFP may lead to future rulemakings.
    If issued, approximately eight vessels from various ports along the 
coast of Oregon, that have historically harvested Petrale and English 
sole, will fish under this EFP between May 1 and October 31, 2003. 
Vessels would be required to retain all rockfish and the proceeds from 
the sale of rockfish in excess of current trip limits would be 
abandoned to NMFS or the state of landing. During the effective dates 
of the EFP, participating vessels must carry a Federal fishery observer 
whenever they: (1) fish in a RCA; (2) use the experimental trawl gear 
specified in this EFP whether or not the vessel is used to fish within 
an RCA; or (3) take, retain, possess or land fish in excess of the 
current trip limits published in the Federal Register. Participation 
under this EFP does not exempt a vessel from Federal observer coverage 
requirements at 50 CFR 660.360. A participating vessel may also be 
required to carry a Federal observer throughout the cumulative period.
    In addition to the cumulative trip limits announced in the Federal 
Register, each participating vessel will be permitted to take 1,500 lb 
(680 kg) of ``other flatfish'' and petrale sole per month, and 7,000 lb 
(3175 kg) of Dover sole per month. The total amount (discard plus 
retained) of Dover sole allowed to be taken under this EFP will not 
exceed 305 metric tons (mt) and total amount (discard plus retained) of 
petrale sole and ``other flatfish'' combined will not exceed 65 mt. The 
EFP fishing will be constrained by the following EFP limits for 
overfished species: yelloweye rockfish 1.2 mt, canary rockfish 2.7 mt, 
and widow rockfish 1.0 mt, darkblotched rockfish 2.1 mt, and Pacific 
ocean perch P 0.5 mt. If the EFP limits for any one of these 
overfished species is reached, the EFP will be terminated for the 
remainder of the 2003 fishing year. All EFP harvests are expected to be 
within set asides for 2003 EFP harvests and, therefore, no OY is 
expected to be exceeded.
    This EFP requires that the participating vessels carry a Federal 
groundfish observer provided by NMFS. Observers will collect data from 
vessels which incidental catch rates and total catch of various species 
and species groups can be estimated. Observers may also collect and 
retain specimens of otherwise prohibited fish caught by the vessel.
    At the Pacific Fishery Management Councils (Council) November 2002, 
meeting in Foster City, CA, the applicants presented this EFP 
application to the Council. The Council considered the application and 
recommended that NMFS issue the EFP for the proposed activity. Data 
collected during this project are expected to benefit the management of 
the groundfish fishery by providing much needed information on how 
effectively unintended species can be selected against by using a trawl 
gear design that is based on behavioral differences between species. 
Copies of the applications are available for review from NMFS (see 
ADDRESSES).

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

    Dated: April 16, 2003.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries , National Marine 
Fisheries Service.
[FR Doc. 03-9794 Filed 4-18-03; 8:45 am]
BILLING CODE 3510-22-S