[Federal Register Volume 70, Number 40 (Wednesday, March 2, 2005)]
[Notices]
[Pages 10074-10075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-829]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022505A]


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 Maine Division of Marine 
Resources (MEDMR), and Research, Environmental and Management Support 
(REMSA). These EFPs would allow up to 20 commercial vessels to conduct 
an experimental demersal longline fishery for haddock in Georges Bank 
(GB) Closed Area (CA) II and portions of the Eastern U.S./ Canada Area. 
This fishery would take place at various times from May 2005 through 
February 2006. The purpose of the proposed study is to determine if 
hook-and-line gear could be used to target haddock with minimal bycatch 
of cod in order to establish potential future Special Access Programs 
(SAPs) in these areas as allowed under Amendment 13 to the FMP. The 
EFPs would also contain a provision authorizing the RA to discontinue 
the experimental fishery once a specified amount of cod and haddock are 
caught or at her discretion.

DATES: Comments on this action must be received at the appropriate 
address or fax number (see ADDRESSES) on or before March 17, 2005.

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 CA II SAP 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: Heather Sagar, Fishery Management 
Specialist, phone: 978-281-9341, fax: 978-281-9135, email: 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    The CCCHFA, in collaboration with MEDMR and REMSA, submitted a 
request on November 16, 2004, to conduct an experimental fishery for GB 
haddock within GB CA II and a portion of the Eastern U.S./Canada Area. 
The purpose of the proposed study is to determine if demersal longline 
gear could be used to target haddock with minimal bycatch of cod in 
order to establish potential future SAP. This proposal builds on an 
ongoing study that began on June 10, 2004, and which ended on January 
31, 2005. Preliminary results from this ongoing study demonstrate the 
viability of utilizing demersal longline gear to reduce bycatch of cod 
in a portion of Cashes Ledge Closure Area, Western Gulf of Maine 
Closure Area, GB CA I, and Rolling Closure Area III.
    The CCCHFA's most recent proposal requests authorizing a total of 
160 trips by 20 commercial longline vessels to fish for and possess 
haddock in the Eastern U.S./Canada Area, including CA II, during the 
period May 1, 2005, through February 28, 2006. Similar to their initial 
experiment, days-at-sea (DAS) would be used. Throughout this study, 
CCCHFA hopes to determine the appropriate season, bait, and location 
for a directed haddock fishery in the above identified areas that would 
have minimal impact on other groundfish stocks, particularly GB cod, 
for the purpose of developing a SAP. Participating vessels would be 
prohibited from fishing in areas outside of the identified areas during 
an experimental fishing trip. Participating vessels would also be 
prohibited from fishing in the Eastern U.S./Canada Area, should it be 
closed due to the attainment of either the cod, yellowtail flounder, or 
haddock TACs. Finally, participating vessels would be prevented from 
fishing in CA II during peak spawning for cod and haddock, unless 
otherwise notified. This study would follow normal fishing practices.

                                        Proposed Study Areas and Seasons
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              Area                  Closure Type      Duration         Location       Vessels     Trips
----------------------------------------------------------------------------------------------------------------
                  GB CA II             Year-Round      May 2005    Georges Bank CA          10  80 (8 per month)
                                                        through                 II
                                                       February
                                                           2006
                  Eastern U.S./         TAC Based      May 2005      Eastern U.S./          10  80 (8 per month)
                   Canada Area                          through        Canada Area
                                                       February
                                                           2006
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    Vessels used in this study would include both GB Cod Hook Sector 
(Sector) and non-Sector vessels. All cod caught by Sector vessels would 
count against the Sector's cod allocation. The applicant estimates that 
each vessel would average 19,900 lb (9.0 mt) of haddock and less than 1 
percent bycatch of GB cod per trip, for a total of

[[Page 10075]]

3,184,000 lb (1,444.6 mt) of haddock and 31,840 lb (14.4 mt) of cod. 
However, the applicant believes the study can be successfully completed 
with a bycatch of GB cod of 20,000 lb (9.1 mt). Therefore, to ensure 
that participating vessels stay within the confines of this experiment, 
the study will be subject to a poundage cap of 20,000 lb (9.1 mt) of GB 
cod, and 3,184,000 lb (1,444.6 mt) of GB haddock. Should this cap be 
caught, the RA would discontinue the experimental fishery. All fish 
landed would be subject to the minimum fish size. Although all vessels 
would be exempt from the haddock trip limits, non-Sector vessel would 
not be exempt from the cod trip limit requirements. Because the target 
species is haddock, the applicant has requested an exemption from the 
3,600- hook limits for non-Sector vessels. Hook limits for longline 
fishermen were implemented as a means to reduce the catch of cod on 
Georges Bank. As such, the limit is unnecessary for fishermen targeting 
haddock. Additionally, EFPs DA-280 and DA-338 have demonstrated that 
the bycatch rate of cod is less than 1 percent when using fabricated 
baits.
    REMSA scientific staff would be present on board each participating 
vessel, equating to 100-percent scientific data collector coverage for 
this experimental fishery. Scientific data collectors would be 
responsible for collecting all biological and environmental data on 
NMFS observer forms. CCCHFA would develop a full report of results and 
would submit this information to the NMFS Northeast Regional Office 
monthly. The EFPs would contain a provision that the RA has the 
authority to discontinue the proposed experimental fishery at any time, 
e.g., the RA would terminate the EFP if the Eastern U.S./Canada Area is 
closed due to TAC-based closures.
    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 EFP 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.
    The applicant may request minor modifications to the EFP throughout 
the year. EFP modifications may be granted without further notice if 
they are deemed essential to facilitate completion of the proposed 
research and minimal enough so as not to change the scope or impact the 
initially approved EFP request.
    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: February 25, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. E5-829 Filed 3-1-05; 8:45 am]
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