[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Notices]
[Pages 48223-48224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1737]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 080404A]


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.

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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 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 Days-at-Sea (DAS) effort-control program; the 
minimum mesh size for the Georges Bank (GB) regulated mesh area; the 
Nantucket Lightship Habitat Closure Area; the GB Seasonal Closure Area; 
and minimum fish size restrictions for the temporary retention of 
undersized fish for data collection purposes.
    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 August 
24, 2004.

ADDRESSES: Comments on this notice may be submitted by e-mail to: 
[email protected]. Include in the subject line the following document 
identifier: ``Comments on CCCHFA Cod Life History 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 CCCHFA Cod Life 
History Study.'' Comments may also be faxed to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management 
Specialist, phone 978-281-9220.

SUPPLEMENTARY INFORMATION: The Cape Cod Commercial Hook Fishermen's 
Association (CCCHFA) submitted an initial application for an EFP on 
June 7, 2004. The application was complete on July 14, 2004. The 
experimental fishing application requests authorization for activities 
to determine the reproductive life history of cod on the western 
portion of GB by sampling and mapping the distribution and transport of 
larval and juvenile cod. This project has three

[[Page 48224]]

distinct phases, two of which would be covered under this EFP.
    In the first phase, fishermen would sample adult cod on the western 
portion of GB and Great South Channel areas from September to December 
to assess reproductive status and approximate spawning time for cod. 
Fin clips of adult cod would be taken for genetic analysis. This phase 
would involve the use of rod and reel to target up to 750 ripe and 
running cod on no more than 25 1-day sampling trips. Researchers hope 
to sample 15 ripe and running cod per site per trip (two sites would be 
identified for each trip). Any juvenile cod or those that are at or 
near spawning time (e.g., ripe and/or running) would be returned to the 
sea immediately. All other cod caught during the sampling trip that 
meet the minimum size requirements would be allowed to be landed to 
defray a portion of the costs associated with the research. This phase 
of the project would only involve fishermen enrolled in the Cape Cod 
Hook Sector Plan (Sector). As such, cod landed in this phase would be 
counted against the Sector's total allowable catch (TAC), as specified 
in the GB Cod Hook Sector Operations Plan and Agreement (Sector 
Agreement). All vessels permitted under this phase of the EFP would be 
required to abide by the Sector Agreement, with the exception of the 
following: vessels permitted under this phase of the EFP would be 
exempt from using Category A DAS. The reason for this exemption is that 
only cod would be permitted to be landed on these EFP trips; no other 
fish would be permitted to be landed. Because the cod landings would be 
counted against the Sector quota, the DAS effort-control measures are 
not necessary. If non-quota species were permitted to be landed, which 
they are not, then there would be a need to have the participating 
vessels fish under the DAS program. As such, the total fishing 
mortality associated with this portion of the EFP is fully accounted 
for under the provisions of the FMP. Additionally, bycatch mortality 
under this EFP would be minimized as there is no incentive to catch 
anything other than cod. Participating fishermen would be expected to 
make every effort to avoid concentrations of non-target species.
    The second phase of this project does not require any regulatory 
exemptions and is not part of this EFP.
    Phase three of this project would begin once the larvae have begun 
to mature into juvenile cod. This phase of the sampling project would 
utilize an otter trawl rigged with small-mesh intended to catch 
``fingerling'' juvenile cod on up to 16 fishing days. Tows would be 
short in duration (10-15 minutes) at speeds between 4-10 knots. Fin 
clips, for genetic analysis, would be taken from the juvenile cod. The 
researchers plan to obtain 20 samples from two different sites on each 
fishing day, for a total of 380 samples. No fish would be permitted to 
be landed for sale under this portion of the EFP. Exemptions from DAS, 
minimum mesh size, the GB Seasonal Closure Area, and the Nantucket 
Lightship Habitat Closure Area (not including the Nantucket Lightship 
Groundfish Closure Area) are requested. Because these are short tows 
seeking a small sample size of juvenile fish, it is anticipated that 
these exemptions would have no more than a negligible impact on the cod 
resource.
    The entire research study, all three phases, would occur between 
September 1, 2004, and June 30, 2005, in 30-minute squares 114, 99, 98, 
82, and 81.
    This EFP would allow for exemptions from the FMP as follows: the 
DAS notification requirements specified at Sec.  648.10; the effort-
control program (DAS) as specified at Sec.  648.82(a); the minimum mesh 
size for the GB Regulated Mesh Area at Sec.  648.80(a)(4); the 
Nantucket Lightship Habitat Closure Area specified at Sec.  
648.81(h)(1)(vi); the GB Seasonal Closure Area specified at Sec.  
648.81(g); and minimum fish size restrictions specified at Sec.  
648.83(a) for the temporary retention of undersized fish for data 
collection purposes.

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

    Dated: August 4, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-1737 Filed 8-6-04; 8:45 am]
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