[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35624-35625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9702]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061406B]


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

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

[[Page 35625]]


ACTION: Notice; 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 from the Massachusetts Division of Marine 
Fisheries (MADMF) for an exemption from the gear requirements of the 
Eastern U.S./Canada Area, for the purpose of testing a cod-avoiding 
haddock trawl, contains all of 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 vessels to conduct fishing operations that are otherwise 
restricted by the regulations governing the fisheries of the 
Northeastern United States.
    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 must be received on or before July 6, 2006.

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 MADMF haddock trawl (DA6-153).'' 
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 
MADMF haddock trawl (DA6-153).'' Comments may also be sent via 
facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT:  Moira Kelly, Fishery Management 
Specialist, phone: 978-281-9218, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by 
MADMF, on May 8, 2006. The EFP would exempt one federally permitted 
commercial fishing vessel from the following requirement of the FMP: 
Gear requirements of vessels fishing in the Eastern U.S./Canada Area, 
as specified at Sec.  648.85(a)(3)(iii)(A).
    MADMF has requested an exemption from the gear requirements of the 
Eastern U.S./Canada Area (i.e., an exemption from the requirement to 
fish with either a haddock separator trawl or a flounder net) in order 
to test the effectiveness of a sweepless raised footrope trawl, 
designed to minimize the catch of Atlantic cod (Gadus morhua) while 
maximizing the catch of haddock (Melanogrammus aeglefinus). This 
project is funded under the MADMF/SMAST/MRI Program. The project 
proposes that a twin trawl with one experimental net and one standard 
trawl net would be fished under A days-at-sea (DAS) in the Eastern 
U.S./Canada Area, outside of Closed Area II, by one vessel. The 
experimental portion of the twin trawl, the five-point trawl, is a 
sweepless (no ground gear) raised footrope trawl, which was designed 
based on differences in behavior of haddock and cod in relation to 
towed gears. Similar to the haddock separator trawl, this experimental 
net proposes to reduce cod mortality; however, it avoids some of the 
complexities associated with separator trawls, since the cod would not 
pass through meshes, or encounter grids or escape vents. Although this 
study would focus on reducing cod-haddock interactions, this net could 
also reduce the bycatch of flatfish species such as winter flounder, 
witch flounder, and American plaice. MADMF staff would be aboard the 
vessel at all times during testing.
    The experimental design calls for 200 hours of towing time from 
June 2006 through December 2006. Two trawl nets, with similar footrope 
lengths, would be towed simultaneously from the same vessel. Both the 
experimental and the control net would conform to or exceed the minimum 
regulation standards with regard to mesh sizes and shapes throughout 
the body, extension, and codend. The experimental portion of the twin 
trawl would be a modified three-bridle, four-panel box trawl, modeled 
after the sweepless raised footrope trawl, which is a semi-pelagic net 
that fishes about 1-2 m off the bottom. This design is expected to 
allow cod to pass under the net, while retaining the haddock that swim 
upward into the net. The control net would be a standard, non-separator 
trawl net, with legal mesh size. The two-warp twin trawl uses one set 
of doors, with a weight/sled in the middle bridle. This design allows 
the nets to fish independently of each other, while trying to ensure 
identical fishing conditions for both the control and the experimental 
catches. Underwater video would be used to show cod escapement and 
haddock capture of the experimental net.
    The researchers expect an average level of interaction with 
regulated groundfish. The researchers have concluded that the twin 
trawl would be less efficient than two standard (non-separator, non-
twin) trawls, and have estimated the potential catch rates for the 
project based on these calculations. The researchers estimate the 
following removal rates:

Atlantic cod                                                      5.7 mt
Haddock                                                            23 mt
Pollock                                                           0.6 mt
Yellowtail Flounder                                               2.6 mt
Winter Flounder                                                  13.1 mt
 

    Vessels would be subject to all applicable trip limits and would be 
prohibited from fishing in the Eastern U.S./Canada Area, should the 
area close due to the attainment of any of the U.S./Canada total 
allowable catches (TAC) of cod, haddock, or yellowtail flounder. All of 
the catch caught under this experiment would be applied to any and all 
applicable TAC limitations. Legal catch would be sold and the proceeds 
would be retained and recycled into the project by MADMF.
    The applicant may make requests to NMFS for minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted by NMFS without further notice if they are 
deemed essential to facilitate completion of the proposed experiment 
and result in only a minimal change in the scope or impact of the 
initially approved EFP request. In accordance with NOAA Administrative 
Order 216-6, a Categorical Exclusion, or other appropriate NEPA 
document, would be completed prior to the issuance of the EFP. Further 
review and consultation may be necessary before a final determination 
is made to issue the EFP. After publication of this document in the 
Federal Register, the EFP, if approved, may become effective following 
a 15-day public comment period.

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

    Dated: June 15, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-9702 Filed 6-20-06; 8:45 am]
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