[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Notices]
[Pages 17133-17134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7344]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032604C]


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.

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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. Therefore, NMFS announces that the Regional Administrator 
has made a preliminary decision to issue the EFP that would allow three 
federally permitted fishing vessels 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 vessels to make 12 tows per vessel for a total of 
36 tows to compare a standard scallop dredge using a 10-inch (25.4 cm) 
twine top to a standard scallop dredge using a 10-inch (25.4 cm) twine 
top with the addition of a Bycatch Reduction Device (BRD) equipped with 
a 6-inch (15.2 cm) mesh twine top panel between the 10-inch (25.4 cm) 
twine top and the ring apron in order to evaluate the feasibility of 
using a BRD in scallop dredge gear to reduce finfish bycatch. The EFP 
is necessary to exempt the vessel from scallop dredge twine top 
restrictions.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens 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 p.m. eastern standard 
time April 16, 2004.

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 submitted via e-mail should be sent to 
[email protected].
    Comments may also be sent via facsimile (fax) to (978) 281-9135. A 
copy of the proposal is 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 the 
feasibility of using an experimental southern shrimp trawl BRD and a 6-
inch (15.2 cm) twine top panel (6 meshes wide by 80 meshes long) 
inserted into a standard 10-inch (25.4 cm) twine top on standard 
scallop dredge in either the Hudson Canyon Access Area or in the open 
areas of Georges Bank (GB). The proposed experiment would test a 
standard scallop dredge with a 10-inch (25.4 cm) mesh twine top panel 
against an experimental scallop dredge with a BRD panel inserted into 
the 10-inch (25.4 cm) mesh twine top panel. The BRD panel would consist 
of one metal framed BRD, each with a 12-inch (30.5 cm) wide opening, 
incorporated into a 6-inch (15.2 cm) mesh twine panel approximately 6 
meshes wide by 80 meshes long.
    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

[[Page 17134]]

vessels would be authorized to make 12 tows each in either the Hudson 
Canyon Access Area or the open areas of GB between depths of 20 and 50 
fathoms. The proposed fishing areas on GB lie west of 67[deg]00' W. 
lat. and east of 70[deg]00' W. lat.; north of 40[deg]00' N. long. and 
south of 42[deg]00' N. long. Conducting the trips in open areas would 
allow the gear to be tested in areas of varying scallop and finfish 
abundance, as well as on different substrates. Information gathered 
from this experiment could be used in the consideration in future 
management actions under the FMP. If the BRDs can be successfully 
deployed in scallop gear, the researcher has stated that he is likely 
to request a subsequent EFP to conduct a more extensive study of BRDs 
as a bycatch reduction tool. The participating vessels would be allowed 
to retain the catch of scallops and the allowed levels 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 under Fisheries of the Northeastern United States 
(50 CFR part 648): scallop dredge twine top restrictions specified at 
Sec.  648.51(b)(4)(iv).
    The proposed gear exemption is not expected to result in catch or 
bycatch beyond normal scallop operations. The only exemption is for an 
experimental BRD and a 6-inch (15.2 cm) twine top panel (6 meshes wide 
by 80 meshes long) inserted into a standard 10-inch (25.4 cm) twine top 
on a standard scallop dredge. The environmental impacts of this 
activity is not expected to exceed those already considered for the 
existing scallop fishery.

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

    Dated: March 29, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-7344 Filed 3-31-04; 8:45 am]
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