[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Notices]
[Pages 21825-21826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-906]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041504A]


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 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 31 vessels to 
fish for haddock using longline gear or jig gear in portions of the 
following closed areas during the period of May 2004 through February 
2005: Cashes Ledge Closure Area, Western Gulf of Maine Closure Area 
(WGOM), Georges Bank (GB) Closed Area I (CA I), GB Closed Area II (CA 
II), and in Rolling Closure Area III. The study will take place at 
various times during the months of January, February, and May through 
September 2004, as listed in the table below. The purpose of the 
proposed study is to determine if hook-and-line gear could be used to 
target haddock with minimal bycatch of cod in order to establish 
Special Access Programs (SAPs) proposed under Amendment 13 to the FMP.

DATES: Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before May 7, 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 SAP EFP Proposal.'' Comments may also be sent via fax to (978) 
281-9135, or submitted via e-mail to the following address: 
[email protected].
    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: CCCHFA, in collaboration with Massachusetts 
DMF, and REMSA, submitted a request on March 5, 2004, to conduct an 
exempted fishery for GB haddock within portions of Rolling Closure Area 
III, Cashes Ledge Closure Area, WGOM, GB CA I, and GB CA II. The 
purpose of the proposed study is to determine if hook-and-line gear 
could be used to target haddock with minimal bycatch of cod in order to 
establish SAPs. This proposal builds on an ongoing study that began on 
October 1, 2003, and which proposes to end on September 30, 2004. 
Preliminary results from this ongoing study demonstrate the viability 
of utilizing hook-and-line gear to reduce bycatch of cod in a portion 
of GB CA I.
    The CCCHFA's most recent proposal requests authorizing 31 
commercial hook-and-line vessels to fish for and possess haddock in the 
additional areas listed above during the time period May 1, 2004, 
through February 28, 2005. The study proposed that vessels would fish 
under a hard Total Allowable Catch (TAC) allocation of 788 mt of 
haddock and 39.4 mt of Atlantic cod. Similar to the first two portions 
of this experiment, Days-At-Sea (DAS) would be used. Throughout this 
study, CCCHFA hopes to determine the appropriate season, bait, and 
location for a directed haddock fishery in the above identified areas 
that would have minimal impact on other groundfish stocks, particularly 
GB cod, for the purpose of developing a SAP. Participating vessels 
would be prohibited from fishing in areas outside of the identified 
areas during an experimental fishing trip. This study would follow 
normal fishing practices. The experimental fishery would be terminated 
if any of the proposed TACs are exceeded.

                                        Proposed Study Areas and Seasons
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 Ref.      
      i>          Area        Type       Duration      Location       Trips     DAS per Trip    Haddock     Cod
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       I       Rolling     Seasonal    5/04 - 6/04   43[deg]15'          16     1/2 DAS/Trip    32 mt     1.6 mt
               Closure                                     X
                   III                               69[deg]52'
                                                     43[deg]18'
                                                           X
                                                     69[deg]40'
                                                     43[deg]13'
                                                           X
                                                     69[deg]17'
                                                     42[deg]58'
                                                           X
                                                     69[deg]40'
 
      II        Cashes    Year-Round   12/04 - 2/05   Entire             64     1 DAS/Trip     128 mt     6.4 mt
                                       5/04 - 9/04    Cashes
                                                     Closed Area
 
     III          WGOM    Year-Round   5/04 - 6/04   WGOM: North         40     1/2 DAS/Trip    80 mt     4 mt
                                       12/04 - 2/05       of
                                                     42[deg]35'
                                                     South of
                                                     43[deg]00'
 
      IV        GB CAI    Year-Round   10/04 - 12/   CAI: North          24     1/2 DAS/Trip    48 mt     2.4 mt
                                                04   of Loran
                                                       43660
 
       V       GB CAII    Year-Round   5/04 - 9/04   CAII: North         40     1 DAS/Trip     200 mt     10 mt
                                                          of
                                                     42[deg]00'
 
      VI       GB CAII    Year-Round   10/04 - 2/05  CAII: North         40     3 DAS/Trip     300 mt     15 mt
                                                          of
                                                     41[deg]40'
 
   TOTAL       .........  ...........  ............  ...........  244 trips      264 DAS       788 mt     39.4
                                                                                                           mt
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[[Page 21826]]

    The applicant estimates that longline trips would average 4,470 lb 
(2,027.6 kg) of haddock and less then 300 lb (136.1 kg) of cod daily. 
Jig trips are estimated to land a maximum of 2,000 lb (907.2 kg) of 
haddock and less then 100 lb (45.4 kg) of cod daily. All fish landed 
would be subject to the minimum 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. Scientific data collectors would be 
responsible for collecting all biological and environmental data on 
NMFS observer forms. CCCHFA would develop a full report of results and 
would submit this information to the Regional Office monthly. The EFPs 
would contain a provision that the RA has the authority to discontinue 
the proposed experimental fishery at any time, e.g., the RA would 
terminate the EFP should the individual closed area TACs, or the 
overall TACs of 39.4 mt for GB cod and 788 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 31 vessels exempting them from 
portions of Rolling Closure Area III, Cashes Ledge Closure Area, WGOM, 
GB CA I, and GB CA II, 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: Authority: 16 U.S.C. 1801 et seq.

    Dated: April 19, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-906 Filed 4-21-04; 8:45 am]
BILLING CODE 3510-22-S