[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Proposed Rules]
[Pages 44277-44279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19147]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 072103A]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits (EFPs)

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

[[Page 44278]]


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

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

SUMMARY:  NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has determined that an application for EFPs 
contains all of the required information and warrants further 
consideration. The Regional Administrator is considering the impacts of 
the activities to be authorized under the EFPs with respect to the 
Northeast (NE) Multispecies Fishery Management Plan (FMP). However, 
further review and consultation may be necessary before a final 
determination is made to issue EFPs. Therefore, NMFS announces that the 
Regional Administrator proposes to issue EFPs in response to an 
application submitted by the Groundfish Group Associated Fisheries of 
Maine (Associated Fisheries of Maine), in collaboration with Manomet 
Center for Conservation Sciences (Manomet). These EFPs would allow up 
to four vessels to fish for yellowtail flounder in NE multispecies 
year-round Closed Area II (CA II) during September and October 2003. 
The purpose of the study is to conduct supplementary sampling in 
relation to a currently ongoing experimental fishery for yellowtail 
flounder in CA II, which was approved by the Regional Administrator on 
September 10, 2002.

DATES:  Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before August 12, 2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
Yellowtail EFP Proposal.'' Comments may also be sent via fax to (978) 
281-9135. Comments will not be accepted if submitted via e-mail or the 
Internet.
    Copies of the Draft Environmental Assessment (EA) are available 
from the NE Regional Office at the same address.

FOR FURTHER INFORMATION CONTACT:  Allison Ferreira, Fishery Policy 
Analyst, phone: 978-281-9103, fax: 978-281-9135, email: 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2002, in response to an EFP application submitted 
by Manomet and the Associated Fisheries of Maine, the Regional 
Administrator approved the issuance of 17 EFPs (12 vessels plus five 
alternate vessels) to conduct an experimental fishery for yellowtail 
flounder in CA II. The purpose of this experimental fishery is to 
collect observer-based data to determine whether seasonal access to 
portions of CA II for the purpose of harvesting Georges Bank (GB) 
yellowtail flounder is possible without significant bycatch and discard 
of other regulated NE multispecies, particularly cod and haddock. This 
information could then be used by the New England Fishery Management 
Council (Council) and NMFS to determine the feasibility of establishing 
a seasonal access program that would allow the harvest of GB yellowtail 
flounder in portions of CA II.
    The study period proposed for the initial experimental fishery was 
July through December 2002. However, because the applicants were 
required to prepare an EA to assess the impacts of the proposed 
experimental fishery on the environment, the issuance of EFPs was 
delayed until September 2002. In order to accommodate the proposed 
study period, NMFS authorized the July and August 2002 portion of the 
study to take place during July and August 2003. Due to a change in the 
proposed study period, Manomet and the Associated Fisheries of Maine 
submitted an application for six EFPs (four vessels plus two alternate 
vessels) on June 20, 2003, to conduct additional sampling during 
September and October 2003. The objective of this additional sampling 
is to compare the survey data collected in September and October 2002 
to the data collected in September and October 2003, in order to assess 
the similarity of data between the two calendar years. In addition, 
harsh weather conditions during October 2002 resulted in incomplete 
sampling of the survey area. Therefore, additional sampling of the 
survey area is being requested for October 2003.
    The proposed supplemental experimental fishery would utilize up to 
four commercial vessels to complete four trips of 5 days in duration, 
for a total of 20 days-at-sea (DAS). Two trips would take place 
concurrently during September 2003, and two concurrent trips would take 
place during October 2003. The participating vessels would be exempt 
from NE multispecies DAS requirements, but would be prohibited from 
fishing in areas outside CA II during an experimental fishing trip.
    The proposed supplemental experimental fishery would occur in the 
same area and follow the same scientific protocols established for the 
previously approved yellowtail experimental fishery in CA II 
(previously approved study). Therefore, the study would occur in the 
area south of 41[deg]30' N. lat. within CA II, participating vessels 
would use standard otter trawl gear having a 6.5-inch (16.5-cm) square 
mesh codend, and participating vessels would follow a pre-determined 
sampling design. In addition, the proposed supplemental experimental 
fishery would have 100-percent observer coverage provided by Manomet 
staff.
    Participating vessels would be bound by the same permit conditions 
as the previously approved study. Bycatch of cod and haddock would be 
limited to 2,000 lb (907 kg) and 3,000 lb (1,361 kg) per DAS, 
respectively, and all fish landed would be required to meet minimum 
size requirements. In addition, due to concerns over skate bycatch, the 
applicants have agreed to identify and record all skates caught, by 
species, and return all skates caught to the sea immediately in order 
to minimize mortality. No skates would be retained for landing or sale.
    The previously approved study is constrained to a yellowtail 
flounder total allowable catch (TAC) of 220 mt. This overall TAC would 
also apply to the proposed supplemental experimental fishery. According 
to the applicants and the preliminary data they have provided, only 
17.1 mt of yellowtail flounder was harvested during the first 4 months 
of the previously approved study. Furthermore, the EFPs would contain a 
provision that the Regional Administrator has the authority to 
terminate the experimental fishery if the yellowtail flounder TAC of 
220 mt is exceeded, or if excessive bycatch of cod, haddock and other 
species of concern (including, but not limited to, skates) occurs 
during any given trip.
    A draft EA has been prepared that analyzes the impacts of the 
proposed experimental fishery on the human environment. This draft EA 
concludes that the proposed activities to be conducted under the 
requested EFPs are consistent with the goals and objectives of the FMP, 
would not be detrimental to the well-being of any stocks of fish 
harvested, and would have no significant environmental impacts. The 
draft EA also concludes that the proposed experimental fishery would 
not be detrimental to Essential Fish Habitat, marine mammals, or 
protected species.
    EFPs would be issued to up to six vessels (four vessels plus two 
alternate vessels), exempting them from the DAS requirements and CA II 
restrictions of the FMP. Regulations under the Magnuson-Stevens Fishery 
Conservation and Management Act require publication of this 
notification to provide interested parties the

[[Page 44279]]

opportunity to comment on applications for proposed EFPs.

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

    Dated: July 22, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-19147 Filed 7-25-03; 8:45 am]
BILLING CODE 3510-22-S