[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41688-41689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3867]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071505A]


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), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The Administrator, Northeast Region, NMFS (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 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 Atlantic Herring and Northeast (NE) Multispecies 
Fishery Management Plans (FMPs). However, further review and 
consultation may be necessary before a final determination is made to 
issue the EFP. Therefore, NMFS announces that the Regional 
Administrator proposes to issue an EFP that would allow up to four 
vessels at any given time 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 
certain regulations that implement the emergency action to address 
haddock bycatch in the 2005 herring fishery for the period August 1 - 
October 30, 2005. The EFP would exempt vessels from requirements 
specified at 50 CFR 648.86(a)(3) that restrict Category 1 herring 
vessels from possessing more than 1,000 lb (0.45 mt) of haddock per 
trip. The vessels would be part of a study entitled, ``Modifications to 
Herring Midwater Trawls to Increase Escapement of Non-Target Species 
(Haddock),'' which is being coordinated by the Gulf of Maine

[[Page 41689]]

Research Institute on behalf of several research partners. The EFP 
application is being requested by one of the project partners, East 
Coast Pelagic Association (ECPA), and would allow trips to compare a 
standard Atlantic herring midwater trawl with a modified Atlantic 
herring midwater trawl intended to allow escapement of haddock. Nets 
would be towed by either two single vessels, or by two sets of midwater 
pair trawlers, resulting in a maximum of four vessels at any given 
time. The vessels will test gear modifications and use underwater video 
gear to research the vertical distribution and reaction behavior of 
herring and haddock during the seasonal and spatial overlap that occurs 
between these species on Georges Bank. Research is proposed for the 
period August 1 - October 30, and participating vessels would deploy a 
modified net and a standard net at intervals that provide standardized 
statistical results. The fishing activity would consist of 15-20 trips 
of 2.5 days each, with approximately 3-5 tows per day, of 3-4 hours 
each.
    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 
4, 2005.

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 ECPA EFP Proposal for Modifications 
to Herring Midwater Trawls to Increase Escapement of Non-Target 
Species.'' 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 ECPA EFP Proposal for Modifications to Herring Midwater 
Trawls to Increase Escapement of Non-Target Species.'' Comments may 
also be sent via fax to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Eric Dolin, Fishery Policy Analyst, 
phone: (978) 281-9259, fax: (978) 281-9135.

SUPPLEMENTARY INFORMATION: A request for an EFP was submitted by ECPA 
on May 24, 2005. Consistent with the study objective, the applicants 
are requesting an EFP to authorize up to four vessels at any given time 
to possess haddock in excess of the 1,000-lb (0.45 mt) trip allowance. 
All herring landed from such trips would be counted toward the Total 
Allowable Catch (TAC) established by the Herring FMP for fishing Area 
3. Haddock landed from such trips and accounted for under the 
requirements of the emergency action would be counted toward the 
haddock bycatch cap. The total estimated catch of herring during the 
experimental work is projected to be 3,500 - 5,000 mt. The amount of 
incidental catch of haddock is unknown, with information from the 2004 
fishery demonstrating substantial variability in the extent of haddock 
caught incidentally while midwater trawling for herring.
    The Manomet Center for Conservation Sciences would be responsible 
for collecting data at sea, and would utilize the same subsampling 
protocol as used by the NMFS Observer Program. Participating vessels 
would also be required to report all data in their Vessel Trip Reports, 
and processors required to report haddock culled from catches under the 
emergency regulations would continue to be required to report all 
culled haddock.
    The applicant may place requests for minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and minimal 
so as not to change the scope or impact of the initially approved EFP 
request.

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

    Dated: July 15, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E5-3867 Filed 7-19-05; 8:45 am]
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