[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Proposed Rules]
[Pages 7411-7412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 021004C]


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: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant

[[Page 7412]]

Regional Administrator) has made a preliminary determination that the 
subject EFP application contains all the required information and 
warrants further consideration. The Assistant 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 Northeast (NE) Multispecies Fishery Management Plan 
(FMP). However, further review and consultation may be necessary before 
a final determination is made to issue the EFP. Therefore, NMFS 
announces that the Assistant Regional Administrator proposes to 
recommend that an EFP be issued that would allow one commercial fishing 
vessel to conduct fishing operations that are otherwise restricted by 
the regulations governing the fisheries of the Northeastern United 
States. The EFP would allow exemptions from the FMP as follows: the 
Days-At-Sea (DAS) notification requirements, the effort-control 
program, the fishing restrictions imposed by the Gulf of Maine (GOM) 
rolling closure areas, the minimum mesh size requirements specified for 
the GOM Regulated Mesh Area, and the minimum fish size requirements for 
the temporary retention of undersized fish for data collection 
purposes. The EFP would allow these exemptions for not more than 25 
days of sea trials. All experimental work would be monitored by 
University of New Hampshire (UNH) Cooperative Extension scientists/
observers.
    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 on this document must be received on or before March 3, 
2004.

ADDRESSES: Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is [email protected]. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on UNH Cooperative Extension Codend 
Mesh Size Selectivity Study.'' Written comments should be sent to 
Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional 
Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope ``Comments on UNH Cooperative Extension Codend Mesh Size 
Selectivity Study.'' Comments may also be sent via facsimile (fax) to 
(978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management 
Specialist, phone 978-281-9220.

SUPPLEMENTARY INFORMATION: The UNH Cooperative Extension submitted an 
application for an EFP on January 14, 2004. The application was 
complete as received. This EFP would complete the final year's testing 
of a 2-year study. The EFP application requests authorization to use 
one commercial fishing vessel to conduct sea trials utilizing a 3-inch 
(7.6 cm) mesh hydrodynamic codend cover. The codend cover would be used 
to determine species and size selectivity of different trawl codend 
mesh sizes in the GOM multispecies fishery. Furthermore, the proposal 
seeks to determine fish retention in large mesh codends for GOM cod, 
haddock, whiting, and flounder (winter, witch, and American plaice). 
The experiment would compare the selectivity of 6.5-inch (16.5 cm) 
diamond mesh, 6.5-inch (16.5 cm) square mesh, 7-inch (17.8 cm) diamond 
mesh, and 7-inch (17.8 cm) square mesh codends against the 6-inch (15.2 
cm) diamond mesh specified in the regulations as the minimum allowable 
mesh size. Underwater video technology would be employed to observe the 
codend, the cover, and the fish escaping from the net. The biological 
impact of mesh size increases, including fishing mortality and discard 
rates of regulated multispecies would be analyzed. The results of this 
mesh selectivity study would then be made available to the New England 
Fishery Management Council and NMFS.
    The at-sea portion of the experiment would last no longer than 25 
days between May 1, 2004, and April 30, 2005. The activity would occur 
in Federal waters off the coast of New Hampshire, excluding the Western 
GOM closure area. A total of 75, 1-hour tows at 2.8 knots would be 
conducted (three per day). UNH researchers would be required to be 
aboard the vessel at all times during the experimental work. All 
undersized fish would be returned to the sea as quickly as possible 
after measurement and examination. However, legal-sized fish that 
otherwise would have to be discarded would be allowed to be retained 
and sold, within applicable GOM possession limits. The participating 
vessel would be required to report all landings in its Vessel Trip 
Report. The catch levels are not expected to have a detrimental impact 
on the NE multispecies resources. Estimated total landings for the 25 
DAS, based upon the previous year's results, are: Yellowtail flounder 
9,790 lb (4,441 kg); American plaice 4,405 lb (1,998 kg); witch 
flounder 7,132 lb (3,235 kg); winter flounder 469 lb (213 kg); cod 
9,901 lb (4,491 kg); and haddock 13,478 lb (6,114 kg). Because the 
vessel would be fishing with a 3-inch (7.6 cm) codend cover, total 
discards are expected to exceed that of normal fishing operations. 
Total discards are estimated to be: Yellowtail flounder 7,046 lb (3,196 
kg); American plaice 4,404 lb (1,998 kg); witch flounder 6,230 lb 
(2,826 kg); winter flounder 678 lb (308 kg); cod 18,670 lb (8,469 kg); 
haddock 5,055 lb (2,293 kg); spiny dogfish 5,000 lb (2,268 kg); thorny 
skates 5,000 lb (2,268 kg); red hake 5,000 lb (2,268 kg); and whiting 
7,000 lb (3,175 kg). Researchers will take precautions to avoid areas 
where there are concentrations of undersized fish.

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

    Dated: February 11, 2004.
Peter H. Fricke,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-3391 Filed 2-13-04; 8:45 am]
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