[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Proposed Rules]
[Pages 42669-42670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18341]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 071003B]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permit (EFP)

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

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

-----------------------------------------------------------------------

SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that the subject 
EFP application contains all of the required information and warrants 
further consideration. The Regional Administrator has also made a 
preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of the Atlantic Sea 
Scallop and Northeast Multispecies Fishery Management Plans (FMPs). 
However, consideration of comments on the proposal is required and 
further review and consultation may be necessary before a final 
determination is made that the activity will have no significant 
impacts on the human environment, and that the issuance of EFPs is 
warranted. NMFS is reviewing analyses prepared in an Environmental 
Assessment to help make final determinations. Therefore, NMFS announces 
that the Regional Administrator has made a preliminary decision to 
issue the EFP that would allow one federally permitted fishing vessel 
to conduct fishing operations otherwise restricted by the regulations 
governing the Atlantic sea scallop and Northeast multispecies 
fisheries. The EFP would allow the federally permitted vessel to 
compare a standard scallop dredge using a 6-inch (15.2-cm) twine top to 
a standard scallop dredge using various modified 10-inch (25.4-cm) 
twine tops in order to estimate finfish bycatch reduction in the 
modified dredge. The EFP is necessary to exempt the vessel from days-
at-sea (DAS), scallop gear, and multispecies closed area restrictions. 
Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed EFPs.

DATES: Comments must be received on or before 5:00 p.m., Eastern 
Standard Time, August 4, 2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn 
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope 
``Comments on Scallop Dredge EFP Proposal.'' Comments may also be sent 
via facsimile (fax) to (978) 281-9135. A copy of the proposal and the 
Draft Environmental Assessment are available from the Northeast 
Regional Office at the address stated above.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fisheries Management 
Specialist, 978-281-9221.

SUPPLEMENTARY INFORMATION: Ronald Smolowitz, Coonamessett Farm, Inc., 
submitted an application to conduct an experimental fishery to test 
experimental 10-inch (25.4-cm) twine top configurations on standard 
scallop dredges outside of scallop DAS and within Georges Bank 
including Closed Area I, II, and the Nantucket Lightship Closed Area. 
The experiment would be a continuation and expansion of experiments 
with similar gear that Coonamessett Farm, Inc., has conducted in the 
past.
    The experiment is being proposed to expand the level of information 
and data that Mr. Smolowitz has collected on the experimental scallop 
dredge and to conduct the experimental fishing in areas where both 
scallops and finfish species are in high abundance relative to other 
areas. The standard scallop dredge will be used to test various 
combination modified 10-inch (25.4-cm) twine tops to reduce finfish 
bycatch. Prior experimental fishing has tested 10-inch (25.4-cm) twine 
tops along with other gear modifications. These tests demonstrated a 
reduction of the bycatch of yellowtail flounder by 40 percent, skate by 
40 percent, and winter flounder by 50 percent, compared to a standard 
dredge with 10-inch (25.4-cm) twine top mesh. Comparisons of a standard 
dredge with modified 10-inch (25.4-cm) twine tops and a standard dredge 
with 6-inch (15.2-cm) twine top mesh would allow the researcher to 
distinguish the overall effectiveness of the modified dredge from the

[[Page 42670]]

effectiveness of the 10-inch (25.4-cm) twine top.
    The proposed experiment would be conducted as soon as possible 
following approval of the EFP, if the final decision is to grant the 
EFP. The participating vessel would be authorized to take four trips in 
Georges Bank, including Closed Area I, II or the Nantucket Lightship 
Closed Area. Conducting the trips in both closed and open areas would 
allow the gear to be tested in areas of both extremely high and 
moderate scallop and finfish abundance. The information gathered from 
this experiment could be used in the consideration in future management 
actions under the Atlantic Sea Scallop FMP. The participating vessel 
would be allowed to retain up to 15,000 lb (6,804 kg) of scallops and 
the regulated amount of incidental catch of other species (e.g., 300 lb 
(136 kg) of regulated multispecies and monkfish) per trip. The EFP 
would allow exemptions from the following regulations for Fisheries of 
the Northeastern United States (50 CFR part 648): DAS notification 
requirements specified at Sec.  648.10(b)(1)(i); scallop dredge twine 
top restrictions specified at Sec.  648.51(b)(4)(iv); scallop DAS 
restrictions specified at Sec.  648.53; and Northeast multispecies 
Closed Area I, II, and Nantucket Lightship Closed Area restrictions 
specified at Sec.  648.81(b)(1) and (c)(1).
    The participating vessel would land approximately 60,000 lb (27,216 
kg) of scallops, 1,200 lb (544 kg) of Northeast multispecies, and 1,200 
lb (544 kg) of monkfish. Minimal amounts of other legally retained 
bycatch species, such as skates, may be landed. The catch of scallops 
in excess of the 15,000-lb (6,804-kg) per trip allowance may occur in 
closed areas due to very high concentrations of scallops. This would 
result in some scallop discard, but discard survival rates of scallops 
is expected to be high. Discards of other species caught during 
experimental fishing is expected to be about 40,000 lb (18 mt) of 
flounder species and skates, 35,000 lb (16 mt) of monkfish, and 4,400 
lb (2 mt) of other species. For comparison, the total allowed catch in 
the 2000 Georges Bank Sea Scallop Exemption Program (the same portions 
of Closed Area II and the Nantucket Lightship Closed Area are proposed 
for access in the experiment) for yellowtail flounder was 725 mt with 
no catch limits on other species. Although information on the survival 
of finfish discards is lacking, not all discarded fish would die. Based 
on the analyses of the proposed action, the relative impact of the 
expected catch overall during the proposed experiment does not appear 
to be significant. The increase in DAS (exempting one vessel from DAS 
restrictions for a total of 40 DAS) is approximately 0.14-percent of 
the overall DAS used in the scallop fishery on an annual basis.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

    Dated: July 14, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-18341 Filed 7-17-03; 8:45 am]
BILLING CODE 3510-22-S