[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Pages 40994-40995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11406]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071306G]


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; receipt of exempted fishing permit application.

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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 commercial fishing 
vessel to conduct fishing operations that are otherwise restricted by 
the regulations governing the fisheries of the Northeastern United 
States. The EFP, which would enable researchers to investigate the 
efficacy of a 4-seam bottom trawl to improve escapement of small cod 
and haddock, would allow for exemptions from the FMP as follows: Gulf 
of Maine (GOM) Regulated Mesh Area minimum mesh size and gear 
restrictions, and two NE multispecies days-at-sea (DAS) out of a total 
of 12 days of gear testing.
    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 August 3, 2006.

ADDRESSES: 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 the GOM 4-Seam Trawl Study.'' Comments may also be sent 
via facsimile (fax) to (978) 281-9135, or submitted via e-mail to the 
following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Management 
Specialist, (978) 281-9273, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: A complete application for an EFP was 
submitted on June 12, 2006, by Dana Morse and Lynn Wardwell of the 
Maine Sea Grant College Program, University of Maine Cooperative 
Extension. This project is funded by the Northeast Consortium. The 
primary goal of the research is to test the efficacy of a 4-seam bottom 
trawl to improve escapement of small haddock and cod. The intent of the 
researchers is that the experimental net, if successful, could 
potentially be an acceptable alternative trawl design to be used in the 
groundfish fishery.
    The project expands on previous work conducted by Maine Sea Grant, 
and is anticipated to sharpen the net selectivity observed in earlier 
studies. Specifically, the researchers propose to compare the 
effectiveness of regulated 6-inch (15.2-cm) diamond mesh side panels to 
6-inch (15.2-cm) hexagonal mesh side panels on a 4-seam net 
configuration. Two trawl designs will be used: (1) A control trawl (4-
seam net, 2:1 belly taper, 6-inch (15.2-cm) diamond mesh side panels, 
6.5-inch (16.5-cm) diamond mesh codend); and (2) an experimental trawl 
(4-seam net, 2:1 belly taper, 6-inch (15.2-cm) hexagonal mesh side 
panels, 6.5-inch (16.5-cm) diamond mesh codend). A gear exemption is 
necessary for the experimental net because hexagonal mesh is not an 
allowed regulated mesh type. Additionally, a set of trials to quantify 
side panel escapement of each net design will be conducted by attaching 
small mesh (1-\3/8\-inch (3.5-cm)) ``pockets'' to the side panels, each 
with their own codend. A minimum mesh size exemption is necessary 
because the 1-\3/8\-inch (3.5-cm) mesh pockets are smaller than the 
legal minimum mesh size for trawls in the GOM. A submersible video 
recorder will be attached to the trawl to observe the

[[Page 40995]]

effectiveness of the side panel pockets at retaining escapees.
    Species of principal interest in the study include haddock, cod, 
pollock, American plaice, witch flounder, winter flounder, and hake 
species. Once caught, these species would be sorted, and then divided 
into legal and sub-legal size groups. They would then be sub-sampled, 
measured, and weighed. All legal catch would be retained, while all 
other remaining catch would be returned to the sea as quickly as 
practicable. Based on data from previous experimental tows, the 
researchers anticipate that a total of 20,385 lb (9,246 kg) of fish 
would be harvested throughout the course of the study, along with 6,390 
lb (2,898 kg) of regulatory discards from both the experimental and 
control nets. All legal-sized fish within the possession limit would be 
retained and sold, with the proceeds returned to the project for the 
purpose of enhancing future research.
    All at-sea research is proposed to be conducted from the F/V Bad 
Penny (Permit  250485, O.N. 617341) from the period between 
August 1, 2006, and July 31, 2007. The vessel intends to fish in two 
main areas of the GOM, known as ``The Kettles'' and ``The Three 
Dories.'' The vessel would fish exclusively outside of all closed 
areas. A total of 10 days would be used for testing the experimental 
trawl, with an anticipated 4, 2-hour tows per day (2 control, 2 
experimental). An additional 2 days would be used to evaluate side 
panel escapement, using the small mesh side pockets. During these 
escapement trials, the main net codend would remain open, and only fish 
captured through the side panels would be sampled. The researchers are 
therefore requesting exemption from a total of 2 NE multispecies DAS to 
conduct the net escapement trials, in which no fish will be landed.
    Based on preliminary review of this project, and in accordance with 
NOAA Administrative Order 216-6, a Categorical Exclusion (CE) from 
requirements to prepare either an Environmental Impact Statement (EIS) 
or an Environmental Assessment (EA) under the National Environmental 
Policy Act (NEPA) appears to be justified. The applicant may request 
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 have minimal impacts that do not change the scope or 
impact of the initially approved EFP request.

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

    Dated: July 13, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-11406 Filed 7-18-06; 8:45 am]
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