[Federal Register Volume 68, Number 98 (Wednesday, May 21, 2003)]
[Proposed Rules]
[Pages 27774-27777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12742]



[[Page 27774]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 030514123-3123-01; I.D. 041003B]
RIN 0648-AQ76

50 CFR Part 648


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 38

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes measures contained in Framework Adjustment 38 
(Framework 38) to the Northeast Multispecies Fishery Management Plan 
(FMP) that would exempt a fishery from the Gulf of Maine (GOM)/Georges 
Bank (GB) Regulated Mesh Area mesh size regulations. Framework 38 would 
establish an exempted small mesh silver hake (Merluccius bilinearis) 
(whiting) fishery in the inshore GOM. The exempted fishery would be 
authorized from July 1 through November 30 each year; require the use 
of specific exempted grate raised footrope trawl gear; establish a 
maximum whiting possession limit of 7,500 lb (3,402 kg); and include 
incidental catch restrictions.

DATES: Comments on this proposed rule must be received on or before 
June 5, 2003.

ADDRESSES: Copies of the Framework 38 document, its Regulatory Impact 
Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA), the 
Environmental Assessment, and other supporting documents for the 
framework adjustment are available from Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950. These documents are also available online at 
http://www.nefmc.org.
    Written comments on the proposed rule 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 Framework 38.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135. Comments will not be accepted if submitted via 
e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 978-281-9272.

SUPPLEMENTARY INFORMATION: In September 2002, the New England Fishery 
Management Council's (Council) Whiting Monitoring Committee (WMC) 
released the 2002 Stock Assessment and Fishery Evaluation (SAFE) Report 
for small-mesh multispecies (whiting, red hake, and offshore hake), 
which represents the WMC's third-year review of the whiting management 
program implemented in Amendment 12 to the FMP. The 2002 SAFE Report 
also includes the WMC's recommendations regarding the future management 
of the small mesh multispecies resources. The WMC determined that the 
fishing mortality objectives of the whiting management program appear 
to have been achieved, based on the evaluation of relative exploitation 
indices as a proxy for fishing mortality.
    The northern stock of whiting (as well as the northern stock of red 
hake) is considered to be ``rebuilt,'' or above its target biomass 
level according to the Amendment 12 overfishing definition. The 
relative exploitation of northern whiting is far below the target value 
that the WMC set as a proxy for FMSY, so overfishing is not thought to 
be occurring. The current relative exploitation index is only 11 
percent of the WMC's FMSY proxy. With respect to management thresholds, 
targets, and biological objectives, the WMC concluded that exploitation 
of the northern stock of whiting could absorb some increase. As one way 
to increase exploitation in the northern stock area, the WMC 
recommended consideration of new exempted fisheries for small mesh 
multispecies if experimental data demonstrate that these fisheries can 
minimize regulated species bycatch.
    Based on this recommendation, the Council initiated a framework 
action pursuant to 50 CFR 648.80(a)(8)(ii), which allows additions or 
deletions to small mesh exemptions in the NE multispecies regulated 
mesh areas in cases where there may be insufficient data or information 
to determine, without public comment, the percentage catch of regulated 
species or small mesh species. This framework adjustment would 
establish a seasonal exempted grate raised footrope trawl fishery for 
silver hake (whiting) in the inshore GOM. This action would allow for a 
transition from a successful experimental fishery for whiting focused 
on minimizing regulated species bycatch to a more permanent fishery 
that provides a seasonal small mesh fishing opportunity for vessels in 
the GOM. The exempted grate raised footrope trawl fishery proposed in 
this framework adjustment is the product of 8 years of experimental 
work conducted by the Maine Department of Marine Resources (ME DMR), in 
cooperation with the fishing industry. The gear itself evolved 
throughout the course of the experimental fisheries, as different mesh 
configurations and grate bar spacing were tested. The gear proposed for 
the exempted fishery in this framework adjustment represents the 
configuration that encountered the most success minimizing regulated 
species bycatch when vessels used it to target whiting in the area 
proposed for exemption. The proposed season (July 1 - November 30) and 
area (see coordinates below) for this fishery most closely represents 
the traditional Maine whiting fishery and the area utilized by the 
fishermen who participated in the experimental whiting grate fisheries.
    The biological analyses in Framework 38 indicate that establishing 
a seasonal grate raised footrope trawl fishery in the inshore GOM would 
not be expected to significantly impact fishing mortality or rebuilding 
schedules for any small mesh multispecies or large mesh regulated 
groundfish stocks. Fishing mortality (F) on whiting in the northern 
area is very low and the increase in F that would be created by the 
grate fishery is projected to be very low.
    The Groundfish Plan Development Team (PDT) reviewed the grate 
raised footrope trawl experimental fishery data in the context of 
juvenile groundfish bycatch and determined that the impacts of this 
fishery on juvenile groundfish mortality would not likely be 
significant. The PDT concluded that, based on the experimental data, 
this fishery would primarily take juvenile American plaice, redfish, 
witch flounder, and white hake as bycatch. The amount of bycatch would 
depend in large measure on the amount of effort in the fishery. In 
terms of weight, data presented in the Framework 38 document indicate 
that expected regulated species bycatch would be less than 5 percent of 
the total catch. Using additional data provided by ME DMR from the 2002 
experimental fishery, the PDT estimated that the numbers of juvenile 
fish that may be caught in this fishery could increase the catch of 
juvenile plaice by 1.5 7 percent and the catch of juvenile witch 
flounder could increase less than 0.5 percent. While catch-at-age 
estimates are not available to make these comparisons for redfish and 
white hake, the PDT expects bycatch of these species to be minimal.

[[Page 27775]]

Exempted Grate Raised Footrope Trawl Fishery Area

    The proposed area is an inshore area in the GOM extending to the 
Loran 44500 line and northward along the coast of Maine. This area most 
closely represents the historical whiting fishery and the area utilized 
by the fishermen who have participated in the experimental whiting 
grate fisheries between 1996 and 2002. During the development of this 
framework adjustment, the Council considered three options for the 
fishery area, including the proposed area option. The first option was 
the largest area under consideration and included an offshore component 
to the proposed area. Another option was the smallest area under 
consideration and represented a subset of the proposed action where 
past experimental fishing was concentrated. The proposed option was 
selected by the Council, following an endorsement by the PDT, even 
though sampling was not conducted throughout the entire area. The 
proposed option was selected because there are sufficient similarities 
(species composition, hydrography, habitat, current flow, bottom 
topography) between it and the subset where the experiment occurred to 
suggest that bycatch in the proposed area option may be similar to that 
observed in the experiments. Thus, the rate of capture of regulated 
species would not be expected to differ over the proposed area.

Fishing Season

    The proposed season for the GOM Grate Raised Footrope Trawl Fishery 
is July 1- November 30. This period encompasses the traditional 
seasonal presence of whiting along the coast of Maine in the GOM and 
the period of documented catch and bycatch during research trials and 
experimental small mesh fisheries permitted by NMFS between 1996 and 
2002. The PDT expressed support for a season from July 1 November 30, 
based on documented catch rates and experimental data from 2001 and 
2002, which were reviewed by the PDT in detail.
    During the development of this framework adjustment, the Council 
considered establishing a season for this fishery from June 1 November 
30, but ultimately decided to eliminate the month of June from 
consideration after evaluating the data. These data show that the 
coastal whiting fishery started in July and ended in November.
    The majority of experimental tows with the proposed sweepless trawl 
were conducted during October and November 2001 and 2002. Past 
experience demonstrates that the catches of whiting are generally lower 
and the bycatch of regulated species is relatively higher during these 
months than during the summer. Given that the 2001 and 2002 data for 
the proposed sweepless trawl show low absolute bycatch of regulated 
species during October and November, the gear should fish with even 
lower bycatch during the summer.

Gear Specifications

    Several gear specifications are proposed for this fishery, 
including net specifications for the raised footrope trawl that are 
consistent with those in the Cape Cod Bay whiting fishery, a 
requirement to use a sweepless trawl, and a requirement to use a 
Nordmore-style grate with a maximum bar spacing of 50 mm (1.97 inches). 
A minimum codend mesh requirement of 2.5 inches (6.35 cm) (square or 
diamond mesh) is also proposed. Vessels would be allowed to use net 
strengtheners in this fishery, provided that they are consistent with 
the existing net strengthener provisions for 2.5 inch (6.35 cm) mesh.

Whiting/Offshore Hake Possession Limit

    A maximum whiting/offshore hake possession limit of 7,500 lb (3,402 
kg) is proposed for this fishery. Vessels using mesh larger than the 
minimum 2.5 inches (6.35 cm) would not be allowed to possess more than 
7,500 lb (3,402 kg) of whiting/offshore hake.

Incidental Catch Restrictions

    Incidental catch restrictions are proposed to ensure that the net 
is fished properly and remains off the ocean bottom. The incidental 
catch restrictions mirror those incorporated into the Cape Cod Bay 
raised footrope trawl fishery, with the addition of a prohibition on 
the possession of dogfish. Vessels participating in the GOM Grate 
Raised Footrope Trawl Fishery may retain red hake, squid, butterfish, 
mackerel, alewife, and herring up to the amounts allowed by the 
regulations for those species, provided they comply with all 
regulations for those species. The following additional restrictions 
apply: A prohibition on the possession of regulated species (Atlantic 
cod, witch flounder, American plaice, yellowtail flounder, winter 
flounder, windowpane flounder, haddock, pollock, redfish, and white 
hake), monkfish, lobsters, skates, crabs, longhorn sculpin, sea raven, 
summer flounder (fluke), ocean pout, and spiny dogfish.
    The prohibition on the possession of monkfish, lobsters, and skates 
would help to ensure that fishermen rig the net correctly, so that the 
footrope is not in contact with the sea floor and thus, much less 
likely to catch these species. The prohibition on crabs, longhorn 
sculpin, sea raven and dogfish is designed to reduce the damage to 
whiting, a soft bodied fish, from abrasion and puncture, as well as to 
encourage keeping the footrope off the sea floor. Except for a few 
juveniles, very few dogfish are retained by the grate raised footrope 
trawl net, as they are toolarge to pass through the grate.

Annual Review

    The PDT would annually review sea sampling data from the fishery 
and develop recommendations, as necessary, to ensure that groundfish 
bycatch remains at a minimum. Because this would be a seasonal fishery, 
the Council could modify the specifications for this fishery through a 
framework adjustment to the FMP prior to the next season, if the PDT 
recommended adjustments to address regulated species bycatch.
    The Council desires 10-percent observer coverage in this fishery. 
No later than 2006, NMFS, in consultation with the PDT, would determine 
if the level of observer coverage is sufficient to monitor catch and 
bycatch in this fishery with an acceptable level of precision. If 
practicable, the level of desired observer coverage would be adjusted 
(increased or decreased) consistent with that analysis. The PDT could 
recommend adjustments to the level of observer coverage prior to 2006, 
based on information examined during the annual review described above.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA that describes the economic impact 
this proposed rule, if adopted, would have on small entities. A 
description of the reasons why this action is being considered, and the 
objectives of and legal basis for this action are contained at the 
beginning of this section in the preamble. There are no new 
recordkeeping or reporting requirements proposed in this rule. There 
are no relevant Federal rules that duplicate, overlap, or conflict with 
this rule. All vessels that would be impacted by this proposed 
rulemaking are considered to be small entities; therefore, there will 
be no disproportionate impacts between large and small entities. A 
summary of the analysis follows:
    The Council considered the no action alternative--not establishing 
an exempted grate raised footrope trawl

[[Page 27776]]

fishery. While there would be no adverse economic impacts on the 
fishing industry as a result of the no action alternative, the economic 
opportunities resulting from the proposed action would be foregone.
    Slight variations to the proposed action were considered by the 
Council as follows: Beginning the season in June; increasing the size 
of the exemption area; or less restrictive gear restrictions. Several 
of these options (larger area, longer season) may have resulted in 
increased economic benefits to the participants compared with the 
proposed action. However, there was sufficient uncertainty regarding 
bycatch rates of regulated multispecies associated with these options, 
which the Council considered the risk to associated bycatch species 
(particularly regulated multispecies) to be too great to warrant 
further consideration. The uncertainty resulted from the lack of 
experimental data in the larger area and during the month of June. 
Because the experiment had not been conducted in the larger area, there 
were no data to support a decision to allow an exempted fishery in the 
area outside of the proposed area. Similarly, there were no 
experimental data during the month of June, but data from May indicated 
significantly higher bycatch rates than during the proposed season. Due 
to a lack of data on bycatch rates during the month of June and from 
the larger area, the exemption could not be justified. Therefore, the 
Council made a precautionary decision to constrain the exempted fishery 
to the season and area in which experimental data demonstrated low 
bycatch rates.
    The economic effects of the proposed exempted grate raised footrope 
trawl fishery are not expected to be significant to the economy as a 
whole or to the fishing industry in general. However, past experience 
suggests that approximately 50 vessels could be expected to participate 
in this exempted fishery, and these vessels would be expected to share 
in a possible $1 million in increased revenue (an additional $20,000 in 
annual revenue per participating vessel). Analyses suggest that the 
initial fishery using the proposed grate raised footrope trawl would 
not be expected to expand quickly, but would probably allow bait 
fishing activities to occur and would likely result in activity levels 
similar to those that occurred in 1996. Whiting market limitations, the 
characteristics of the grate raised footrope trawl fishery (area, 
season, etc.), and other factors suggest that a similar number of 
vessels, with similar characteristics (size, tonnage, homeport) as 
those that participated in the experimental fisheries, would 
participate in and benefit from this experimental fishery. The economic 
benefits, although not significant at the large scale, would be 
important to participating vessels, especially those along the coast of 
Maine and in smaller ports adjacent to the the GOM.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 15, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.80, paragraph (a)(16) is redesignated as paragraph 
(a)(17) and a new paragraph (a)(16) is added to read as follows:


Sec.  648.80  Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (a) * * * * *
    (16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. 
Vessels subject to the minimum mesh size restrictions specified in 
paragraphs (a)(3) or (4) of this section may fish with, use, or possess 
in the GOM Grate Raised Footrope Trawl Whiting Fishery area from July 1 
through November 30 of each year, nets with a mesh size smaller than 
the minimum size specified, if the vessel complies with the 
requirements specified in paragraphs (a)(16)(i) and (ii) of this 
section. The GOM Grate Raised Footrope Trawl Whiting Fishery Area 
(copies of a chart depicting the area are available from the Regional 
Administrator upon request) is defined by straight lines connecting the 
following points in the order stated:

     GOM GRATE RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA
                      (July 1 through November 30)
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
GRF1..........................................  43[deg] 15'      70[deg]
                                                                   35.4'
GRF2..........................................  43[deg] 15'  70[deg] 00'
GRF3..........................................      43[deg]  70[deg] 00'
                                                      25.2'
GRF4..........................................      43[deg]  69[deg] 20'
                                                      41.8'
GRF5..........................................      44[deg]  69[deg] 20'
                                                      58.8'
------------------------------------------------------------------------

    (i) Mesh requirements and possession restrictions. (A) All nets 
must comply with a minimum mesh size of 2.5 inch (6.35 cm) square or 
diamond mesh, subject to the restrictions specified in paragraph 
(a)(16)(i)(B) of this section. An owner or operator of a vessel 
participating in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery may not fish for, possess on board, or land any species of 
fish, other than whiting and offshore hake, subject to the applicable 
possession limits as specified in paragraph (a)(16)(i)(C) of this 
section, except for the following allowable incidental species: Red 
hake; butterfish; herring; mackerel; squid; and alewife.
    (B) All nets must comply with the minimum mesh size specified in 
paragraph (a)(16)(i)(A) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
    (C) An owner or operator of a vessel participating in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery may fish for, possess, 
and land combined silver hake and offshore hake only up to 7,500 lb 
(3,402 kg). An owner or operator fishing with mesh larger than the 
minimum mesh size specified in paragraph (a)(16)(i)(A) of this section 
may not fish for, possess, or land silver hake or offshore hake in 
quantities larger than 7,500 lb (3,402 kg).
    (ii) Gear specifications. In addition to the requirements specified 
in paragraph (a)(16)(i) of this section, an owner or operator of a 
vessel fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery must configure the vessel's trawl gear as specified in 
paragraphs (a)(16)(ii)(A) through (C) of this section.
    (A) An owner or operator of a vessel fishing in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery must configure the 
vessel's trawl gear with a raised footrope trawl as specified in 
paragraphs (a)(9)(ii)(A) through (C) of this section. In addition,

[[Page 27777]]

the restrictions specified in paragraphs (a)(16)(ii)(B) and (C) apply 
to vessels fishing in the GOM Grate Raised Footrope Trawl Exempted 
Whiting Fishery.
    (B) The raised footrope trawl must be used without a sweep of any 
kind (chain, roller frame, or rockhopper). The drop chains must be a 
maximum of 3/8-inch (0.95 cm) diameter bare chain and must be hung from 
the center of the footrope and each corner (the quarter, or the 
junction of the bottom wing to the belly at the footrope). Drop chains 
must be at least 42 inches (106.7 cm) in length and must be hung at 
intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends.
    (C) The raised footrope trawl net must have a rigid or semi-rigid 
grate consisting of parallel bars of not more than 50 mm (1.97 inches) 
spacing that excludes all fish and other objects, except those that are 
small enough to pass between its bars into the codend of the trawl. The 
grate must be secured in the trawl, forward of the codend, in such a 
manner that it precludes the passage of fish or other objects into the 
codend without the fish or objects having to first pass between the 
bars of the grate. The net must have an outlet or hole to allow fish or 
other objects that are too large to pass between the bars of the grate 
to exit the net. The aftermost edge of this outlet or hole must be at 
least as wide as the grate at the point of attachment. The outlet or 
hole must extend forward from the grate toward the mouth of the net. A 
funnel of net material is allowed in the lengthening piece of the net 
forward of the grate to direct catch towards the grate.
    (iii) Annual review. On an annual basis, the Groundfish PDT will 
review data from this fishery, including sea sampling data, to 
determine whether adjustments are necessary to ensure that regulated 
species bycatch remains at a minimum. If the Groundfish PDT recommends 
adjustments to ensure that regulated species bycatch remains at a 
minimum, the Council may take action prior to the next season through 
the framework adjustment process specified in Sec.  648.90(b), subject 
to the Administrative Procedures Act.
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[FR Doc. 03-12742 Filed 5-20-03; 8:45 am]
BILLING CODE 3510-22-S