[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Notices]
[Page 32731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13727]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[ID. 051903C]


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 application for an exempted fishing 
permit; request for comments.

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SUMMARY: NMFS announces receipt of an application for an exempted 
fishing permit (EFP) from the California Department of Fish and Game 
(CDFG). This EFP application applies to vessels with valid California 
State delivery permits, fishing for flatfish with an experimental small 
footrope trawl net in Federal waters off the State of California. If 
awarded, this EFP would allow qualifying vessels to catch and retain 
groundfish in closed rockfish conservation areas (RCAs) and to retain 
groundfish species in excess of cumulative trip limits, providing the 
vessels carry state-sponsored samplers. Samplers would monitor vessel 
activity and collect data that are otherwise not available shoreside. 
This EFP proposal is intended to promote the objectives of the Pacific 
Coast Groundfish Fishery Management Plan (FMP) by providing data that 
can be used to enhance management of the groundfish fishery.

DATES: Comments must be received by June 17, 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 at (206) 526-6140 or 
Carrie Nordeen at (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.
    If awarded, this EFP would allow qualifying vessels to catch and 
retain groundfish in the Trawl RCA and to retain groundfish species in 
excess of cumulative trip limits, providing the vessels carry state-
sponsored samplers and use gear that meets the requirements specified 
by CDFG. Samplers will monitor fishing activities and collect data that 
are otherwise not available shoreside.
    The purpose of this exempted fishing activity would be to collect 
data on the rate at which unintended species, particularly overfished 
shelf rockfish (bocaccio and canary rockfish), are taken by commercial 
fishers targeting flatfish in Federal waters off the State of 
California using an experimental trawl net. Fishers will be required to 
use the experimental small footrope trawl net and will be restricted to 
areas outside of 3 miles and in less than 100 fathoms (183 meters) of 
water. If the EFP is issued, approximately 22 vessels would be eligible 
to participate, with no more than 6 vessels participating at one time. 
The fishing period for the EFP would be the from July 1 through October 
31, 2003.
    Flatfish species are abundant and commercially important off 
California, however, the harvest of these species is constrained by 
efforts to rebuild overfished species, particularly bocaccio and canary 
rockfish. In 2001 and 2002, the Oregon Department of Fish and Wildlife 
(ODFG) chartered commercial fishing vessels to develop and test new 
trawl net designs. Testing was conducted to compare new trawl net 
configurations with those that are typically used in the groundfish 
fishery. During the initial testing, a gear configuration similar to 
the design that is proposed for use under this EFP had significant 
reductions in the catch of overfished rockfish species relative to the 
catch of flatfish species. This EFP is similar to an EFP that was 
issued to ODFG earlier this year. (68 FR, 19518, April 21, 2003) 
Because this gear design meets the requirements of small footrope 
bottom trawl gear, as defined by regulations at 50 CFR part 660, it is 
currently legal to use for fishing and it could become an effective way 
for fishery participants to reduce rockfish bycatch in the flatfish 
fishery. Vessels participating under this EFP must submit a net plan 
and use only gear that is consistent with the specified requirements 
for EFP fishing.
    Data collected during this project are expected to benefit the 
management of the groundfish fishery by: (1) providing catch rates by 
fishing location of species incidentally caught with the experimental 
net, (2) allowing for the collection of biological data that is 
otherwise not available from landed catch, and (3) providing data that 
can be used to evaluate the full retention of rockfish as a management 
approach. The information gathered through this EFP may lead to future 
rulemaking.
    The flatfish limits for limited entry trawl gear south of 40[deg] 
10' N lat., as currently published in the Federal Register, will be 
available to EFP participants who may fish for these limits within the 
Trawl RCA as well as in areas not within the Trawl RCA. If the limits 
are lowered later in the year through an inseason adjustment, the 
current limits will still be allowed under the EFP. The total amount 
(discard plus retained) of flatfish allowed to be taken under this EFP 
is not expected to exceed 381 metric tons (mt) and the total amount 
(discard plus retained) of petrale sole is not expected to exceed 54 
mt. The EFP fishing will be constrained by the following EFP limits for 
overfished species: bocaccio rockfish 0.5 mt, cowcod 0.5 mt, yelloweye 
rockfish 0.5 mt, canary rockfish 0.5 mt, widow rockfish 0.5 mt, 
darkblotched rockfish 0.5 mt, and Pacific ocean perch 0.5 mt. If the 
total catch during the period of time in which the EFP is conducted of 
any one of these overfished species reaches the EFP limit, the EFP will 
be terminated for the remainder of the 2003 fishing year. All harvests 
are expected to be within set asides for 2003 EFP harvests and, 
therefore, no optimum yield of overfished species is expected to be 
exceeded.
    In accordance with regulations, NMFS determined that the proposal 
warranted further consideration and, therefore, consulted with the 
Council. The Council considered the EFP application during its April 
2003 meeting and recommended that NMFS issue the EFP. Contingent on 
review of public comments, NMFS intends to approve the EFP fishing. A 
copy of the application is available for review from NMFS (see 
ADDRESSES).

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

    Dated: May 27, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-13727 Filed 5-30-03; 8:45 am]
BILLING CODE 3510-22-S