[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Proposed Rules]
[Pages 40892-40894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17380]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 062703B]


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 for up to 100 commercial lobster vessels, 
submitted by the Maine Department of Marine Resources (MEDMR), 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 American lobster (lobster) fishery under the Atlantic 
Coastal Fisheries Cooperative Management Act (ACFCMA) and is

[[Page 40893]]

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 100 EFPs. Therefore, NMFS announces that the Regional 
Administrator has made a preliminary decision to issue EFPs that would 
allow up to 100 current federally permitted lobster and/or Maine state 
lobster/crab license-holders to conduct fishing operations otherwise 
restricted by the regulations governing the lobster fishery.
    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 on or before 
July 24, 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 MEDMR Jonah crab 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 Amendment to the Environmental Assessment 
(EA) prepared for the 2003/2004 Experimental Jonah Crab Fishery in 
Exclusive Economic Zone (EEZ) Nearshore Lobster Management Area 1, as 
well as the May 2002 environmental assessment that it amends are 
available from the Northeast Regional Office at the same address.

FOR FURTHER INFORMATION CONTACT:  Bonnie Van Pelt, Fishery Policy 
Analyst, 978-281-9244.

SUPPLEMENTARY INFORMATION: NMFS announces that the Regional 
Administrator intends to issue EFPs to allow up to 100 commercial 
lobster vessels to use up to 200 modified lobster traps per vessel to 
target Jonah crabs (Cancer borealis) within the EEZ portion of 
Nearshore Lobster Management Area 1 (NLMA1). The EFPs would facilitate 
the collection of data on modified lobster trap designs (side-entry and 
top-entry) to establish acceptable lobster bycatch thresholds and allow 
for the development of an exempted, species-specific Jonah crab trap. 
Specifically, the EFPs would allow these vessels to fish 200 traps 
above their 800-trap allocation and exempt them from the lobster 
fishery regulations at 50 CFR part 697: (1) Permit, tagging, and trap 
limit requirements under Sec.  697.4(a) and (d), and Sec.  697.19(a)(2) 
and (c); (2) temporary possession of lobster less than the minimum 
carapace size specified at Sec.  697.20(b)(1) and (2) for data 
collection purposes; (3) trap tag identification requirements at Sec.  
697.21(a)(2); and (4) deployment and gear configuration requirements at 
Sec.  697.21(b)(2).
    The MEDMR submitted a request for a renewal of the 2002/2003 Jonah 
crab experiment on March 10, 2003. Additional information and data 
required to supplement the application was received on June 10, 2003. 
The original application anticipated the need for 2 additional years 
beyond the first year in order to gauge the effectiveness of the gear 
modifications and collect the data necessary to support a potential 
permanent exemption to the lobster gear regulations. Along with the 
bycatch reduction objective, complementary goals of the EFP would be 
to: (1) contribute to the development of year-round Jonah crab markets; 
(2) provide additional economic opportunities for lobster and crab 
fishermen who are currently being held to a maximum trap limit; and (3) 
provide important biological and demographic data on the Jonah crab 
resource, thus contributing to baseline information on the Jonah crab 
life cycle and population structure.
    The proposed experimental fishery would take place from September 
15, 2003, to September 15, 2004, in the EEZ portion of NLMA1 described 
at 50 CFR 697.18(a)(1). The proposed EFP would require that the 
experimental gear employ escape vents that are larger (and in greater 
numbers) than standard lobster traps. The side- and top-entry trap 
dimensions would be the same as that which was authorized for the 
initial EFP.
    Comparing the top-entry, side-entry, and standard lobster trap 
designs, the MEDMR logbook data thus far suggest that a modified side-
entry trap may be the best design for targeting Jonah crabs with 
negligible lobster bycatch (and other regulated species), indicating 
that the proposed experimental traps are extremely selective for the 
targeted species. There were 88 sublegal and 17 legal lobster caught in 
3,360 side-entry trap hauls (3,900 total experimental trap hauls thus 
far). All lobster bycatch was returned to the sea alive. The catch of 
Jonah crabs under the EFP was small when contrasted with Maine landings 
in the crab fishery as a whole (approximately 36,000 lb (7257 kg) of 
Jonah crabs caught under the EFP with 9.5 million lb (4309 mt) caught 
overall--0.4 percent of the total landings).
    All lobsters caught incidentally to the catch of Jonah crabs, as 
well as all crabs smaller than the MEDMR minimum size of 5 inch (127 
mm) carapace width, and all other bycatch, would continue to be 
returned to the sea promptly after data collection. The MEDMR remains 
committed to providing the same level of observer coverage as in the 
previous year's experiment (2 trips per month). Observer data would 
continue to complement the information collected by participants 
through the MEDMR-supplied logbooks, along with detailed fisheries 
information (e.g., bycatch information, molt condition, etc.).
    The August 13, 2002, Biological Opinion on the Jonah crab EFP 
analyzed impacts on protected resources over the anticipated time frame 
of the experiment (1 year initially and renewal for 2 additional 
years). The Reasonable and Prudent Alternative (RPA) that was developed 
for this fishery as a result of the consultation (neutrally buoyant 
line on all experimental traps during the June-October time frame) 
would remain in effect during the 2003/2004 EFP. As was the case 
previously, EFP participants would be required to comply with the 
Atlantic Large Whale Take Reduction Plan requirements in effect at the 
time of the experiment. The 2002/2003 EFP had the potential to deploy 
2,000 additional vertical lines, assuming an additional 20,000 traps 
(200 traps x 100 participants) with a 10-trap minimum per vertical 
line. In 2002-2003, actual participation levels were 15 percent of the 
authorized maximum and the number of traps set per fisher ranged from 
20-100 experimental traps. No interactions with protected species or 
marine mammals were reported during the 2002/2003 EFP. The proposed EFP 
would not represent a change or redistribution of effort, therefore 
further consultation is not necessary.
    The EA prepared for the 2002 Jonah crab EFP concluded that the 
activities conducted under the 2002/2003 EFP were consistent with the 
goals and objectives of the lobster fishery under the ACFCMA and would 
have no negative environmental impacts including impacts to essential 
fish habitat, marine mammals, and protected species. The draft 2003 
Amendment to the 2002 EA makes a preliminary determination that the 
proposed experimental fishery, including cumulative effects, would not 
significantly affect the quality of the human environment.
    Based on the results of the EFPs, this action may lead to future 
rulemaking.

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


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    Dated: July 3, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-17380 Filed 7-8-03; 8:45 am]
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