[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Notices]
[Pages 58152-58153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2403]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092304B]


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 exempted fishing permits 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 one vessel to conduct 
fishing operations that are otherwise restricted by the regulations 
governing the fisheries of the Northeastern United States. The EFP may 
allow for exemptions from the NE multispecies days-at-sea (DAS) effort 
control program for up to 11 DAS for testing a bycatch reducing gear 
modification. 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 
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 UNH Soft Grid Gear Modification EFP 
Proposal.'' 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 UNH Soft Grid Gear Modification EFP Proposal.'' 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: Dr. Pingguo He of the University of New 
Hampshire Cooperative Extension (UNH) submitted an application for an 
EFP on May 27, 2004. This is a continuation of a project that started 
in 2002. Due to gear modifications, tank flume tests, and poor weather 
conditions the sea trails were not completed in the 2003-2004 fishing

[[Page 58153]]

year. This EFP would authorize one commercial vessel to conduct sea 
trials using a soft grid finfish excluder device. The objective of the 
research is to test gear to separate flatfish from roundfish in trawl 
nets and to reduce the bycatch of roundfish, particularly cod, when 
fishing for flatfish. The separation device is designed to exploit 
behavioral differences that exist between the species.
    The design consists of a trawl net with a soft panel, or ramp, that 
would be positioned in front of a double codend. It would take 
advantage of the tendency for flatfish to swim toward the ocean bottom 
after encountering the separation panel and thereby into the lower 
codend portion of the net. Roundfish, which are not expected to swim 
toward the sea floor after encountering the panel, would swim into the 
upper codend portion of the net, which would be left open under normal 
fishing practices where the vessel was targeting flatfish. However, for 
the purposes of this experiment both codends will remain closed in 
order to quantify separation success. The net would also utilize visual 
stimuli fixed forward of the codend to test changes in swimming 
behavior in roundfish and flatfish in response to the stimuli. 
Underwater videography would be employed to observe fish behavior and 
functioning of the experimental selectivity device.
    The sea trials would be conducted in shallow water (30 to 50 
fathoms (55 to 91 m)) off the coasts of New Hampshire, southern Maine, 
and a small portion of northern Massachusetts. UNH researchers would be 
aboard the vessel at all times during the experimental work. The at-sea 
portion of the experiment would last no longer than 11 fishing days in 
the 2004 fishing year. Based upon the catch rates from eight days of 
fishing in the 2003 fishing year, the following catch is estimated for 
the 2004 fishing year: Cod 2,846 lb (1,291 kg); American plaice 274 lb 
(124 kg); witch flounder 1,547 lb (702 kg); haddock 34 lb (15 kg); 
pollock 11 lb (5 kg); yellowtail flounder 87 lb (40 kg); winter 
flounder 50 lb (23 kg), and white hake 140 lb (64 kg). All undersized 
fish would be returned to the sea as quickly as possible. Legal-sized 
fish that would otherwise have to be discarded would be allowed to be 
retained and sold within the applicable Gulf of Maine (GOM) possession 
limits. The participating vessel would be required to report all 
landings in its Vessel Trip Report.

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

    Dated: September 23, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-2403 Filed 9-28-04; 8:45 am]
BILLING CODE 3510-22-S