[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Notices]
[Pages 43562-43563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1610]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071504B]


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, NMFS (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 Research, Environmental and 
Management Support (REMSA). These EFPs would allow up to seven vessels 
to fish for haddock and pollock using jigged hand gear in two Northeast 
(NE) multispecies year-round closed areas. Fishing would occur in 
Georges Bank (GB) Closed Area I (CA I) during the months of July 
through December 2004, and January, February, May and June 2005 and in 
Nantucket Lightship Closed Area (NLSCA) during the months of November 
and December 2004, and May and June 2005. The purpose of this study is 
to test the viability of jigged hand gear (handline, rod and reel, and 
jigging machines) to harvest haddock and pollock with minimal cod 
bycatch within spatial and temporal parameters determined by local 
historical knowledge.

DATES: Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before August 5, 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/Pollock Jigging 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: Catherine Tadema-Wielandt at 978-281-
9218 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Three year-round closed areas were established in 1994 under 
Amendment 5 to the FMP to provide protection to concentrations of 
regulated NE multispecies, particularly Atlantic cod, haddock, and 
yellowtail flounder. These closure areas, CA I, CA II, and the NLSCA, 
have proven to be effective in improving the stock status of several 
species, including GB haddock.
    In their EFP application, the applicants state that cod are less 
available than haddock and pollock during certain times and in certain 
portions of CA I and NLSCA, and propose to support this observation 
with scientific data, potentially enabling the GB haddock and pollock 
resources to be utilized without impacting the management program that 
protects GB cod. This proposal builds on an ongoing study that began on 
October 1, 2003, and that proposes to continue through September 2004. 
Preliminary results from this 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 study proposal differs in that it 
proposes to test jigged hook-and-line gear (handline, rod and reel, and 
jigging machines), as opposed to stationary longlines, to target 
pollock in addition to haddock, and to conduct the study in all of CA I 
and in NLSCA.

Proposed EFP

    The proposed study would occur within CA I during the months of 
July through December 2004, and January, February, May and June 2005 
during which eight half-day trips would occur monthly, for a total of 
80 half-day trips in this area. The proposed study would occur within 
NLSCA during the months of November and December 2004, and May and June 
2005 during which four 1-day trips would occur monthly, for a total of 
16 1-day trips in this area. In

[[Page 43563]]

total, 96 trips would occur under this EFP.
    Participating vessels would be required to use A days-at-sea (DAS) 
and would be prohibited from fishing in areas outside of CA I or NLSCA 
during an experimental fishing trip. Therefore, granting these EFPs 
should not result in an increase in fishing mortality over what was 
analyzed for Amendment 13 to the FMP. This study would follow normal 
jig fishing practices. A total allowable catch (TAC) of 10.0 mt for GB 
cod would be established for the experimental fishery. If the GB cod 
TAC is reached, the experimental fishery would be terminated. All fish 
landed would be subject to trip limits and minimum size restrictions.
    REMSA scientists would collect biological and environmental data 
during each trip conducted under this experimental fishery. The EFPs 
would contain a provision that the Administrator, Northeast Region, 
NMFS (Regional Administrator) has the authority to discontinue the 
proposed experimental fishery at any time, e.g., the Regional 
Administrator would terminate the EFP when the 10.0 mt TAC for GB cod 
is projected to be reached.
    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 seven vessels exempting them from the 
CA I and NLSCA restrictions of the FMP.
    NMFS is particularly interested in receiving comments about 
granting the applicant access to the portion of CA I located within the 
U.S./Canada Management Area due to the hard TACs established by 
Amendment 13 to the FMP for GB cod, haddock and yellowtail flounder.
    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: 16 U.S.C. 1801 et seq.

    Dated: July 15, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-1610 Filed 7-20-04; 8:45 am]
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