[Federal Register Volume 68, Number 247 (Wednesday, December 24, 2003)]
[Proposed Rules]
[Pages 74542-74544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31612]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 121603A]


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 Assistant Regional Administrator for 
Sustainable Fisheries, Northeast Region, NOAA Fisheries (Assistant 
Regional Administrator), has determined that an application for EFPs 
contains all of the required information and warrants further 
consideration. The Assistant

[[Page 74543]]

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 Assistant Regional 
Administrator proposes to issue EFPs in response to an application 
submitted by the Cape Cod Commercial Hook Fisherman's Association 
(CCCHFA), in collaboration with Massachusetts Division of Marine 
Fisheries (DMF), and Research, Environmental and Management Support 
(REMSA). These EFPs would allow up to 17 vessels to fish for haddock 
using longline gear or jig gear in NE multispecies year-round Georges 
Bank (GB) Closed Area I (CA I) during the months of January, February, 
and May through September 2004. The purpose of this study is to 
evaluate the best spatial and temporal location for a directed haddock 
hook-gear fishery in GB CA I, while having minimal impact to GB cod. 
This information could then be used by the New England Fishery 
Management Council and NMFS to determine the feasibility of 
establishing a Special Access Program for traditional haddock hook-and-
line fishery in CA I.

DATES: Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before January 8, 2004.

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 
Haddock 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 Environmental Assessment (EA) are available from the 
NE Regional Office at the same address.

FOR FURTHER INFORMATION CONTACT: Heather Sagar, Fishery Management 
Specialist, phone: 978-281-9341, fax: 978-281-9135, e-mail: 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    Three year-round closed areas were established in 1994 under 
Amendment 5 to the FMP to provide protection to concentrations of 
regulated NE multispecies, particularly cod, haddock, and yellowtail 
flounder. These closure areas, CA I, CA II, and the Nantucket Lightship 
Closure Area, have proven to be effective in improving the stock status 
of several species, including GB haddock.
    In their EFP application, the applicants state that cod are less 
available than haddock in certain portions of CA I, and propose to 
support this observation with scientific data, potentially enabling the 
GB haddock resource to be utilized without impacting the management 
program that protects GB cod. This request builds upon data collected 
by the same applicant under an approved EFP that began October 1, 2003, 
which will continue through December 31, 2003. Preliminary results from 
the initial study demonstrate the viability of utilizing hook-and-line 
gear to reduce bycatch of cod in a portion of CA I.

Proposed EFP

    The proposed study would occur in a specified area within the 
northern portion of CA I (north of loran-C line 13660). The experiment 
would occur during the months of January, February, and May through 
September 2004, during which 20 1-day trips would occur monthly, for a 
total of 140 1-day trips for the study. Fishing would be prohibited 
during the months of March and April to protect spawning haddock in 
this area. Vessels would not be exempt from days-at-sea. Participating 
vessels would be prohibited from fishing in areas outside of CA I 
during an experimental fishing trip. This study would follow normal 
fishing practices. A total allowable catch (TAC) of 16 mt for GB cod 
and 285 mt for GB haddock (divided into seasonal TACs specified below) 
would be established for the experimental fishery. The experimental 
fishery would be closed down if either the total TAC or the seasonal 
TAC is exceeded. This study would be divided into three seasonal 
periods, with individual hard TACs established for each season as 
follows:

------------------------------------------------------------------------
            MONTH                DAYS       HADDOCK            COD
------------------------------------------------------------------------
      Seasonal Period I
------------------------------
January                             20   81 mt (179,468   4.6 mt (10,076
February                            20         lb)              lb)
------------------------------------------------------------------------
March                                0         0                0
April                                0         0                0
------------------------------------------------------------------------
      Seasonal Period II
------------------------------
May                                 20  102 mt (224,355   5.7 mt (12,595
June                                20         lb)              lb)
July                                10
------------------------------------------------------------------------
     Seasonal Period III
------------------------------
July                                10  102 mt (224,335   5.7 mt (12,595
August                              20         lb)              lb)
September                           20
------------------------------------------------------------------------

    All fish landed would be subject to the minimum fish size. Although 
the applicant would be exempt from the haddock trip limits, they would 
not be exempt from the cod trip limit requirements.
    REMSA scientific staff would be present on board each participating 
vessel, equating to 100-percent scientific data collector coverage for 
this experimental fishery. The EFPs would contain a provision that the 
Regional Administrator has the authority to discontinue the proposed 
experimental fishery on at any time, e.g., the Regional Administrator 
would terminate the EFP should the individual season TACs, or the 
overall TACs of 16 mt for GB cod

[[Page 74544]]

and 285 mt for GB haddock, be exceeded.
    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 activities proposed 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 17 vessels exempting them from the CA 
I, the haddock trip limit, and the 3,600-hook-limit restrictions of the 
FMP.
    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.

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

    Dated: December 17, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-31612 Filed 12-23-03; 8:45 am]
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