[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Notices]
[Pages 57676-57677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2388]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092104D]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

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 Exempted Fishing 
Permit (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 an exemption from the FMP as follows: 
Groundfish Closed Area I. 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 October 
12, 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 URI Bycatch Reduction 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 
URI Bycatch Reduction Study.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst, 
phone 978-281-9220.

SUPPLEMENTARY INFORMATION: The University of Rhode Island, Department 
of Fisheries, Animal and Veterinary Science (URI) submitted an initial 
application for an EFP on July 19, 2004. The experimental fishing 
application requests authorization for activities to conduct a bycatch 
reduction study of cod in the haddock bottom trawl fishery. The purpose 
of the study is to determine if the experimental trawl gear would 
achieve a reduction in cod bycatch significant enough to warrant 
consideration as a Special Access Program (SAP) under provisions in 
Amendment 13 to the FMP.
    The proposed research would utilize three commercial fishing 
vessels to conduct a bycatch reduction study in the directed haddock 
bottom trawl fishery from November 2004 through November 2005, using 
side-by-side tows to compare the control net with one experimental 
large-mesh net. The control net would be a standard net with a 6-inch 
(15.24-cm) mesh body, and 8-inch (20.32-cm) mesh wings and jibs. The 
experimental net would utilize a graduated netting starting with 8-ft 
(2.44-m) mesh and ending in the standard 6-inch (15.24-cm) mesh. The 
mesh size in both nets is equal to or greater than the required minimum 
mesh size. The experiment would

[[Page 57677]]

incorporate four fishing trips, each five days in duration. There would 
be four to six, 1.5-hour tows per day per vessel.
    This experiment hopes to demonstrate that Closed Area I is able to 
support a targeted haddock fishery with only minimal bycatch of cod 
using the experimental net. Therefore, the applicant requested that 
this project occur in the groundfish closure area for the purposes of 
determining if a SAP could be established there. It is anticipated that 
this project would retain the following species: Haddock-300,000 lb 
(136,077 kg); winter flounder-40,000 lb (18,144 kg); yellowtail 
flounder-25,000 lb (11,340 kg); cod-30,000 lb (13,608 kg); witch 
flounder-25,000 lb (11,340 kg); American plaice-25,000 lb (11,340 kg). 
The anticipated discards from the project are: Cod-5,000 lb (2,268 kg); 
and skate-80,000 lb (36,287 kg). All catch retained would comply with 
the minimum fish sizes and possession limits established by the FMP.
    Additionally, once the project reaches the estimated total catch 
(landings and discards) of cod, i.e., 35,000 lb (15,876 kg), the 
project would be terminated. Catch would be monitored on a trip-by-trip 
basis. The proceeds from the sale of the catch would be retained by the 
Commercial Fisheries Research Foundation to be used for further 
research projects. Access to Closed Area I would not include access to 
the Closed Area I North Habitat Closure Area nor the South Habitat 
Closure Area, since mobile gear is restricted from these areas in 
consideration of essential fish habitat. This project would not be 
exempt from the days-at-sea (DAS) effort control measures. If the 
researchers desire to enter the Western U.S./Canada Area they would be 
subject to regulations, including quota and possession limits, 
governing that area at that time.
    This EFP would allow for an exemption from the FMP as follows: 
Groundfish Closed Area I, as specified in 50 CFR 648.81(a).

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

    Dated: September 22, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-2388 Filed 9-24-04; 8:45 am]
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