[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Proposed Rules]
[Pages 67636-67638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30136]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 697

[I.D. 110102A]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Atlantic Coast Weakfish Fishery; Exempted Fishing Permits (EFPs)

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

[[Page 67637]]


ACTION: Notice of intent to issue EFPs to conduct experimental fishing; 
request for comments.

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SUMMARY: NMFS announces that the Director, Office of Sustainable 
Fisheries, NMFS (Director) has received EFP applications from the State 
of North Carolina to continue work on the first year of a 2-year EFP 
issued in 2003. The State of North Carolina originally proposed 
conducting an experimental characterization study using flynets to fish 
for weakfish in a closed area of the exclusive economic zone (EEZ) 
south of Cape Hatteras, during 2003 and 2004. Study goals, however, 
were not met in that first year in 2003 due to poor weather conditions 
and insufficient availability of fish. Accordingly, the State of North 
Carolina has requested that they again be given 2 years to complete the 
study and that the study period be revised to cover the years 2004 and 
2005.

DATES: Written comments on the applications must be received on or 
before December 18, 2003.

ADDRESSES: Send comments to John H. Dunnigan, Director, Office of 
Sustainable Fisheries (F/SF), NOAA Fisheries, 1315 East-West Highway, 
Silver Spring, MD 20910. The applications, related documents, including 
the draft EA, and copies of the regulations under which EFPs are issued 
may also be requested from this address.

FOR FURTHER INFORMATION CONTACT: Anne Lange 301-713-2334; FAX: 301-713- 
0596.

SUPPLEMENTARY INFORMATION: The Director has made a preliminary 
determination that the EFP applications contain all the required 
information; that the activities to be authorized under the EFP would 
be consistent with the goals and objectives of the Atlantic weakfish 
fishery under the Atlantic Coastal Fisheries Cooperative Management Act 
(Atlantic Coastal Act); and that the applications warrant further 
consideration. This document requests public input in the form of 
written comments to NMFS relative to the issuance of EFPs to the State 
of North Carolina. If granted, these EFPs would authorize a flynet 
characterization study to be conducted by the North Carolina Division 
of Marine Fisheries (NCDMF) in a closed area south of Cape Hatteras. 
Two participating flynet vessels, each with its own EFP and observer 
aboard, would conduct up to a total of 18 trips per year over each of 
two seasons, from 15 January through 1 April, in 2004 and 2005, south 
of Cape Hatteras, for a maximum of 36 trips.
    The NCDMF has presently applied for two EFPs in 2004 to conduct the 
first year of a 2-year characterization study in the closed area in the 
EEZ south of Cape Hatteras, North Carolina. The NCDMF previously 
applied, and was granted by NOAA Fisheries, two identical EFPs for 2003 
to perform an identical study, but due to inclement weather and 
insufficient availability of fish, NCDMF was unable to conduct year one 
of their study in 2003. Hence, NCDMF is reapplying to again begin their 
study, but in 2004. The previous NCDMF application also sought, and was 
granted by NOAA Fisheries, a third EFP to test turtle excluder devices 
(TEDs) in the closed area. Unlike the work involved in the 
characterization study, NCDMF was able to conclude its testing of TEDs, 
and is presently analyzing the data gained. Accordingly NCDMF does not 
presently seek a third EFP, as it did last year, for TED testing.
    NOAA Fisheries has authority to grant the requested EFPs under the 
Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal 
Act), 16 U.S.C. 5101 et seq., and regulations at 50 CFR 697.22 
concerning the conduct of activities that are otherwise prohibited by 
the regulations in this part. The prohibited activities for which NCDMF 
seeks exemption involve weakfish regulations at 50 CFR 697.7(a)(5) that 
prohibit any person from fishing with a flynet in the Exclusive 
Economic Zone (EEZ) off North Carolina in a closed area south of Cape 
Hatteras, as defined by this regulation. This area was closed to 
flynetters in order to reduce the harvest of the recovering weakfish 
stock, especially the harvest of juvenile weakfish known to congregate 
in the closed area. In addition, other prohibitions for which exemption 
is sought are at 50 CFR 697.7(a)(1) and (2), which prohibits fishing 
for, harvesting, possessing, or retaining weakfish less than 12 inches 
(30.5 cm), in the EEZ and at 50 CFR 697.7(a)(3), which prohibits 
fishing for weakfish coastwide in the EEZ with a minimum mesh size less 
than 3 1/4-inch (8.3 cm) square stretched mesh (as measured between the 
centers of opposite knots when stretched taut) or 3 3/4-inch (9.5 cm) 
diamond stretched mesh for trawls.

Previous Year's EFP

    The present application by NCDMF for two EFPs to begin a 
characterization study is identical to the application for EFPs sought 
last year by NCDMF to perform this same study. Last year, on December 
18, 2002, NMFS issued two EFPs to NCDMF to conduct a flynet 
characterization study, in cooperation with NMFS, with two flynet 
vessels using mesh at least as large as defined in the Atlantic States 
Marine Fisheries Commission's (Commission) Weakfish Fishery Management 
Plan Amendment 3 (Amendment 3), and at 50 CFR 697.7(a)(3), to collect 
information on the size and species composition of finfish caught in 
modified flynets in the closed area. Under last year's EFPs, the NCDMF 
was to assess the effects, including the species and size composition 
of the catch, of using larger mesh size nets in the North Carolina 
flynet fishery if it were to be allowed to resume operations south of 
Cape Hatteras. The mesh size used in the flynet fishery, prior to the 
1997 closure of this area, was significantly smaller than is currently 
required. This information would have permitted NCDMF, the Commission, 
and NMFS to properly assess the potential impacts of reopening the 
closed area to flynets with larger minimum-mesh sizes after management 
goals have been met and the stock is declared to be restored. 
Additional terms of the study proposal related to sample design or 
address concerns raised by the Commission's Weakfish Fishery Management 
Board and its Technical Committee. The study was to terminate if any 
cumulative, monthly sample yields juvenile or undersized fish in excess 
of 10 percent of the total catch for that month. If an annual cap of 
175,000 lbs (79,380 kg) on landings of weakfish taken south of Cape 
Hatteras is reached, the study would end for that year. Multiple tows 
made on a single trip were to be spatially separated by at least one 
(1) nautical mile to insure maximum geographic coverage and prevent 
directing effort on one specific school of fish. The entire contents of 
each tow on an individual trip were to be kept separate and processed 
separately at the dock. NMFS observers were to be required on each trip 
to monitor fishing activity and to record global positioning system 
coordinates for each tow, interactions with any threatened or 
endangered species, tow time, depth, water temperature, air 
temperature, date, and time. NMFS observers were to also record net 
dimensions and design specifications to document successful designs, if 
a net was found to effectively avoid catches of undersized fish. In 
order to determine the ability of these flynets to minimize bycatch of 
undersized fish, unculled catches were to be sorted by tow for species 
composition and weight by market category, and sub-samples would be

[[Page 67638]]

measured for length frequency. Regulatory discards, including sub-legal 
weakfish, and non-marketable species, were to be sorted, weighed and a 
sub-sample would be taken for length frequency. These fish were to be 
properly disposed of, and would not be sold. ESA and other protected 
species would have been handled as required by law; observers would 
have recorded and reported all discarded red drum and striped bass. The 
flynet characterization was to be terminated if takes (lethal or non-
lethal) of loggerhead or Kemp's ridley sea turtles exceeded one half of 
the numbers (20 and 2) allowed in the Incidental Take Statement of the 
1997 BO (that is, 10 or 1, in any one year). Further, analysis of the 
study data was to be coordinated by NCDMF and NMFS staff and the 
Commission was to be briefed through annual and final reports that 
would provide maps of the sample areas overlaid with the location of 
each tow, species encountered, total weights, numbers, and length 
frequency distributions of selected species. The final report was also 
to summarize the findings from each year and attempt to relate 
variability in catches and species composition with environmental 
variables. The report was also to summarize all interactions with sea 
turtles and include a discussion on the use of TEDs in the flynet 
fishery .

Newly Proposed EFP

    Unfortunately, due to poor weather and insufficient availablity of 
fish, NCDMF was unable to complete its year one experiments in the 2-
year study. Accordingly, NCDMF seeks to reapply for EFPs to conduct an 
identical two year characterization study under identical terms, this 
time for the 2004 and 2005 years. Specifically, the NCDMF proposes to 
complete the first year of the 2-year flynet characterization study 
using the same means and methods as described above for last year's 
EFP. The flynet characterization study would be conducted in a closed 
area south of Cape Hatteras by two participating flynet vessels, each 
with its own EFP and observer aboard, conducting up to a total of 18 
trips per year over each of two seasons, from 15 January through 1 
April, in 2004 and 2005, for a maximum of 36 trips.
    The EFP would exempt up to three vessels from the requirements of 
the Atlantic weakfish regulations according to the provisions at 50 CFR 
600.745 and 697.22, as follows: (1) prohibiting of the use of flynets 
in the closed area of the EEZ off North Carolina as defined at Sec.  
697.7(a)(5); and (2) fishing for, harvesting, possession or retention 
of any weakfish less than 12 inches (30.5 cm) in total length from the 
EEZ as specified at Sec.  697.7(a)(1) and (2) for data collection 
purposes.
    The environmental assessment prepared for the proposed flynet 
characterization study in 2003 found that no significant environmental 
impacts would result from the proposed action.

    Dated: November 26, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-30136 Filed 12-2-03; 8:45 am]
BILLING CODE 3510-22-S