[Federal Register Volume 69, Number 83 (Thursday, April 29, 2004)]
[Notices]
[Page 23496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-956]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 042204F]


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), Department of Commerce.

ACTION: Notification of a proposal for EFPs to conduct experimental 
fishing; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant 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 two commercial fishing vessels to conduct fishing operations that 
are otherwise restricted by the regulations governing the fisheries of 
the Northeastern United States. The EFP would allow for exemptions from 
the FMP as follows: The GOM Rolling Closure Areas; the Days-at-Sea 
(DAS) notification requirements; and the effort-control program (DAS).
    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 May 14, 
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 Manomet Rigid-Mesh Panel Gear 
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 Manomet Rigid-Mesh Panel Gear 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 Manomet Center for Conservation Sciences 
(Manomet) submitted an application for an EFP on April 2, 2004. 
Information completing the application was received on April 14, 2004. 
The proposed project, ``Development and Testing of a Novel `Rigid-Mesh' 
Bycatch Reduction Device for the Gulf of Maine Groundfish Fisheries,'' 
is the second year of the project funded by the Northeast Consortium.
    The main purpose of the project is to test a fishing gear net 
modification that utilizes a panel of rigid mesh inserted between the 
extension and codend of a conventional otter trawl. The researchers 
seek to assess the applicability of the rigid mesh panel in the GOM NE 
multispecies fishery towards reducing regulatory discard. The proposed 
panel would be 2 meters (6.5 ft) in length and entirely constructed of 
elongate meshes 60 mm (2.36 in) by 200 mm (7.87 in) long and would be 
inserted along the net between the extension and a conventional 16.5-cm 
(6.5-inch) diamond mesh codend. The panel would extend around the 
entire circumference of the net. The net would be filmed inside and 
outside to verify proper construction and document fish behavior. The 
experimental design for the project calls for towing the experimental 
net and the conventional net in alternate tows (A-B-B-A pattern). No 
more than a total of 40 tows would be performed during the fishing 
trials.
    The main species that would expected to be caught under this EFP 
are: 45.40 kg (100 lb) of yellowtail flounder; 9 kg (20 lb) of winter 
flounder; 45.40 kg (100 lb) of summer flounder; 45.40 kg (100 lb) of 
American plaice; 138 kg (305 lb) of cod; 11 kg (25 lb) of haddock; 490 
kg (1,080 lb) of skates; 166 kg (365 lb) of spiny dogfish; and 1,601 kg 
(3,530 lb) of monkfish. These estimates are based, in part, upon two 
days of testing which occurred in 2003. There will be no retention of 
undersized fish onboard the vessels. The project would take place 
between June 1-July 31, 2004. The study would occur in two areas: Area 
1 is off the Maine coast in 30-minute squares 138, 139, 140, 146, and 
147; and Area 2 is off of Cape Cod in 30-minute squares 123 and 124. At 
no time is fishing to occur inside year-round closure areas. Exemption 
from 10 DAS, 5 per vessel, is requested to conduct the experiment. DAS 
exemptions are requested as a commercial DAS level of effort would not 
likely be realized and profit from the sale of fish would be used to 
offset research costs associated with data analysis, report production, 
travel, and leasing the vessels.
    This EFP would allow for exemptions from the Northeast (NE) 
Multispecies Fishery Management Plan (FMP) as follows: The GOM Rolling 
Closure Areas specified at 50 CFR 648.81(g)(1)(i)-(v); the Days-at-Sea 
(DAS) notification requirements specified at Sec.  648.10; and the 
effort-control program (DAS) as specified at Sec.  648.82(a).

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

    Dated: April 23, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-956 Filed 4-28-04; 8:45 am]
BILLING CODE 3510-22-S