[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Notices]
[Pages 58893-58894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2462]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092804A]


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

AGENCY: Department of Commerce, National Oceanic and Atmospheric 
Administration (NOAA), National Marine Fisheries Service (NMFS).

ACTION: Notification of a proposal for an Exempted Fishing Permit (EFP) 
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 issue an EFP that would allow two 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 Georges 
Bank (GB) regulated mesh area minimum mesh size and gear requirements, 
the NE multispecies closed area restrictions, and the NE multispecies 
minimum fish size requirements. The applicant proposes to conduct a 
study of an experimental haddock separator trawl, a bycatch reduction 
device, in order to examine the effectiveness of this type of gear at 
reducing the catch of Atlantic cod, and other similarly behaving 
groundfish, when directing on haddock. The EFP

[[Page 58894]]

would allow these exemptions for two commercial vessels for 54 sea 
sampling days. All experimental work would be monitored by University 
of Massachusetts, Dartmouth, School for Marine Science and Technology 
(SMAST) 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 October 
18, 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 SMAST EFP Proposal for Haddock 
Separator Trawl Study (DA-667).'' 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 SMAST EFP Proposal for Haddock Separator 
Trawl Study (DA-667).'' 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 
SMAST on August 23, 2004. The EFP would exempt two federally permitted 
commercial fishing vessels from the following requirements in the NE 
Multispecies FMP: NE multispecies GB regulated mesh area minimum mesh 
size and gear requirements specified at Sec.  648.80(a)(4) to allow 
them to use a codend modified with a horizontal net panel (the 
experimental haddock separator panel) and a small mesh cover for 
quantifying catch composition; the NE multispecies closed area 
restrictions specified at Sec.  648.81(a) to allow them temporary 
access to Closed Area I for the purposes of conducting this study; and 
the NE multispecies minimum fish size requirements specified at Sec.  
648.83(a) to allow them to temporarily retain sub-legal sized fish for 
measurement.
    The goal of this study is to assess the selectivity of a bycatch 
reduction device in the NE groundfish fishery. Three factors would be 
examined in this study: (1) Net selectivity--examination of catch 
composition of the experimental and control nets; (2) trawl duration--
tow duration would be modified to test catch rates based on tow 
durations of one hour, two hours, and three hours; and (3) seasonal 
variation--the study would be conducted during fall, winter, and 
spring, to determine if there are any seasonal differences in catch or 
fish behavior. The specific trawl design to be tested is referred to as 
a haddock separator trawl. The separation panel and 2-inch (5.08-cm) 
mesh cover would be sewn into the extension and codend of a 
conventional trawl net designed with 6.0-inch (15.24-cm) mesh in the 
fishing circle and 6.5-inch (16.5-cm) mesh in the codend. The codend 
would be further modified to create an upper and lower codend.
    The study would begin in October and continue through July 31, 
2005. During the study, the vessels would perform side-by-side tows. 
The number of tows would average approximately 8.3 per day. There would 
be 18 sea sampling days per season, over three seasons (fall, winter, 
and spring), for a total of 54 sea sampling days (not including 
steaming time). There would be 150 side-by-side tows per season, for a 
total of 450 tows per vessel. The tow durations would be one, two, and 
three hours, with 50 side-by-side tows of each duration per season. The 
vessels would fish in GB Closed Area I and the offshore fishing grounds 
represented by 30-minute squares 79, 80, 81, 96, 97, 98, 111, 112, and 
113. All fish retained by the upper and lower codends would be counted, 
weighed, and measured. All legal catch would be landed and sold, 
consistent with the current daily and trip possession and landing 
limits. Current regulations restrict vessels fishing on GB to landing 
no more than 1,000 lb (454 kg) of cod per DAS, up to a maximum of 
10,000 lb (4,536 kg) per trip, and no more than 3,000 lb (1,361 kg) of 
haddock per DAS, up to a maximum of 30,000 lb (13,608 kg) per trip from 
May 1 to September 30, and no more than 5,000 lb (2,268 kg), up to a 
maximum of 50,000 lb (22,680 kg) per trip from October 1 to April 30. 
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.
    The target fishery is the groundfish mixed-species fishery. The 
target species are haddock and cod. The applicant estimates the total 
amount of the main species that would be expected to be caught under 
this EFP are: 426,000 lb (193,230 kg) of haddock; 75,240 lb (34,128 kg) 
of Atlantic cod; and 11,340 lb (5,144 kg) of American plaice. Other 
commercially important fish commonly found in the groundfish mixed-
species fishery are expected to be caught incidentally. The incidental 
catch is expected to be comprised of skates, monkfish, witch flounder, 
winter flounder, spiny dogfish, and pollock.
    The applicant is preparing an Environmental Assessment (EA) that 
will analyze the impacts of the proposed experimental fishery on the 
human environment. This EA will examine whether the proposed activities 
are consistent with the goals and objectives of the FMP, whether they 
would be detrimental to the well-being of any stocks of fish harvested, 
and whether they would have any significant environmental impacts. The 
EA will also examine whether the proposed experimental fishery would be 
detrimental to essential fish habitat, marine mammals, or protected 
species.

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

    Dated: September 28, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-2462 Filed 9-30-04; 8:45 am]
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