[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Notices]
[Page 27890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1161]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 051104A]


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 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 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 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 Regional 
Administrator proposes to issue an EFP that would allow three 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 NE multispecies mesh 
requirements specified at 50 CFR 648.80(a)(3)(i), the multispecies 
rolling closure areas restrictions specified at 648.81(f), and the 
multispecies Days-At-Sea (DAS) requirements specified at 648.82(a). The 
experiment proposes to conduct a study of an experimental bycatch 
reduction device in order to develop otter trawl gear for the NE 
multispecies fishery that would result in reduced catch of Atlantic 
cod. The EFP would allow these exemptions for three commercial vessels 
for not more than 12 total days of sea trials. All experimental work 
would be monitored by Manomet Center for Conservation Sciences 
personnel.
    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 June 1, 
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 EFP Proposal for Inclined 
Separation Panel 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 EFP Proposal for Inclined Separation Panel 
Study.'' Comments may also be sent via facsimile (fax) to (978) 281-
9135.

FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management 
Specialist, phone: 978-281-9326, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by 
Manomet Center for Conservation Sciences on April 2, 2004. The EFP 
would exempt three federally permitted commercial fishing vessels from 
the following requirements in the NE Multispecies FMP: The requirement 
to use a minimum mesh size of 6.0-inch (15.2-cm) diamond mesh or 6.5-
inch (16.5-cm) square mesh in the body and extension of a trawl net 
while fishing in the GOM Regulated Mesh Area; the requirement to not 
fish in rolling closure areas; and the requirement to use a day-at-sea 
(DAS) while targeting groundfish for no more than 12 DAS.
    The goal of this study is to assess the selectivity of a bycatch 
reduction device in the GOM groundfish fishery. The specific trawl 
design to be tested is referred to as an inclined separation panel. The 
separation panel consists of 4-inch (10.2-cm) diamond mesh sewn in the 
extension and codend of a conventional trawl net (6.5-inch (16.5-cm) 
diamond mesh codend). The vessel will target mixed groundfish 
(yellowtail flounder, winter flounder, American plaice, Atlantic cod, 
and summer flounder). The incidental catch is expected to be comprised 
of skates, dogfish, crab, lobster, and sculpin. According to the 
applicant, a trawl net of similar design has been proven successful at 
separating cod and other roundfish from flatfish in the Irish Sea 
fisheries.
    The study will occur between June 1 and December 31, 2004. During 
the study, the number of tows will be limited to four valid tows per 
day. Tow duration will be approximately 1 hour per tow, and the total 
number of valid tows will not exceed 40 for the entire study. One 
vessel would fish in the 30-minute squares 123 and 124, inside the area 
defined as follows: The Maine shoreline at 69[deg]30' W long., south to 
69[deg]30' W long. at 43[deg]10' N lat. (avoiding the GOM year round 
closures), and west to the Maine shoreline at 43[deg]10' N lat. Two 
vessels would fish in a second area, occupying 30-minute squares 138, 
139, 140, 146, and 147, inside the area defined as follows: The 
Massachusetts shoreline at 70[deg]10' W long., north to 70[deg]10' W 
long. at 42[deg]15' N lat., east to 42[deg]15' lat. at 69[deg]50' W 
long., south to 69[deg]50' W long. at 42[deg] N lat., and west along 
the 42[deg] N lat. line to the Massachusetts shoreline. At no time will 
fishing operations be conducted inside permanent closures. All fish 
retained by the upper and lower codends would be counted, weighed, and 
measured. All legal catch would be sold, consistent with the current 
landing limits. Undersized fish would be returned to the sea as quickly 
as possible after measurement. The participating vessels would be 
required to report all landings in their Vessel Trip Reports.

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

    Dated: May 12, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-1161 Filed 5-14-03; 8:45 am]
BILLING CODE 3510-22-S