[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Pages 3794-3795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1194]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 012307B]


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.

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 University of New Hampshire (UNH) for 
an exemption from Gulf of Maine (GOM) Rolling Closure Areas III and IV 
and the days-at-sea (DAS) requirements of the Northeast (NE) 
Multispecies Fishery Management Plan (FMP), for the purpose of testing 
the ability of specific fish traps to catch haddock, contains all of 
the required information and warrants further consideration. The EFP is 
intended to facilitate research that would lead to the development of a 
viable alternative to traditional fishing gear for landing Atlantic 
haddock of a size and condition for use in the live fish market. 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 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 February 26, 2007.

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

[[Page 3795]]

comment the following document identifier: ``Comments on UNH Haddock 
Trap (DA6-210).'' 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 UNH Haddock Trap (DA6-210).'' 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: A complete application for an EFP was 
submitted on July 7, 2006, by Dr. Ken La Valley of UNH. The research is 
intended to lead to the development of a viable alternative to 
traditional fishing gear for landing Atlantic haddock of a size and 
condition for use in the live fish market. This project is funded by 
the Northeast Consortium. The original EFP was issued on September 18, 
2006. Due to circumstances beyond the control of the researchers, the 
research was unable to be completed during the exempted time period 
(September through November 2006). On November 14, 2006, Dr. La Valley 
requested extending the EFP from March through August 2007. However, 
the change in time-frame requires an additional exemption from the GOM 
Rolling Closure Areas III and IV and is, therefore, not eligible for an 
extension. A new EFP is necessary for UNH to complete this research.
    On July 7, 2006, UNH requested an exemption from the DAS 
requirements and, on November 14, 2006, UNH requested an exemption from 
the GOM Rolling Closure Areas III and IV in order to test the 
effectiveness of two demersal fish trap designs, i.e., Pacific and 
Norwegian cod pots, modified for catching large Atlantic haddock for 
use in the live fish market. A DAS exemption is requested to allow the 
fishing vessel to economically assist in this research. No fish would 
be retained or landed. The research would take place in the 30 minute 
squares, included in the Rolling Closure Areas III and IV, that 
correspond to areas 137, 138, 145, and 146, and specifically the 
project area would be bounded by the lines extending from 43[deg]38' N. 
lat., 69[deg]40' W. long. (NW corner), eastwards to 43[deg]38' N. lat.; 
69[deg]21' W. long. (NE corner), south to 43[deg]20' N. lat.; 
69[deg]21' W. long. (SE corner), and westward to 43[deg]20' N. lat.; 
69[deg]40' W. long. (SW corner). An exemption from the GOM Rolling 
Closure Areas III and IV is necessary to provide continuity with the 
portion of the research conducted under the previously issued EFP. This 
area was originally chosen because the researcher believes that an 
optimal mix of high abundance of haddock and low abundance of cod in 
this area will allow him to accurately assess the selectivity of the 
gear.
    The Norwegian two-chamber fish pot design has two fairly wide 
entrance funnels leading into the lower chamber, with a narrow entrance 
leading to an upper chamber. For this experiment, this fish trap would 
be modified to use vertical mounted triggers in order to allow easy 
entrance for fish and would provide a larger internal volume compared 
to the Norwegian design. The Pacific cod pot is a 6-ft x 6-ft x 3-ft 
(1.83-m x 1.83-m x 0.91-m) design that has triggers on three sides of 
the pot to allow increased opportunities to enter the trap, with 
shallow leads leading to the tunnel eye. The Pacific trap design would 
be modified such that it would be collapsible and would incorporate 
vertical mounted triggers, instead of horizontal triggers typically 
used for cod.
    In addition, haddock specific baits would be tested during the 
project and, an underwater video camera would be used to document 
haddock behavior in and around each trap design. The camera would be 
deployed on a trap, containing haddock from an onboard auxiliary group, 
a significant distance from the test site, so as not to influence fish 
behavior due to the lights.
    A total of 12 traps were to be deployed, and 10-14 hauls were to be 
made, with an average soak time of 24 hr, over 10 days. Under the EFP 
issued on September 18, 2006, only 5 days of research were completed. 
The remaining 5 days would be conducted under this EFP.
    The researchers intend to target haddock, but anticipate some 
incidental catch of Atlantic cod, pollock, redfish, and spiny dogfish. 
Once caught, fish would be sorted by species, measured, weighed, and 
returned to the water. No fish, shellfish, or other animals would be 
retained. The researchers estimate that less than 1,000 lb (453.6 kg) 
of haddock and less than 500 lb (226.8 kg) of all incidental species, 
combined, would be collected and returned to the water. The intent is 
for this project to take place between March and August 2007.
    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 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 the 
public comment period.

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

    Dated: January 23, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-1194 Filed 1-25-07; 8:45 am]
BILLING CODE 3510-22-S