[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Pages 30063-30064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11524]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH94


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: Notification of a proposal to conduct exempted fishing; request 
for comments.

-----------------------------------------------------------------------

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, which would exempt Atlantic sea scallop 
(scallop) vessels participating in a modified scallop dredge twine top 
(twine top) study from minimum twine top mesh sizes, Closed Area I 
Access Area (CAI) and Closed Area II Access Area (CAII) closures, and 
fish possession restrictions, should be issued for public comment. 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 Atlantic Sea Scallop 
Fishery Management Plan (FMP). However, further review and consultation 
may be necessary before a final determination is made.

DATES: Comments on this document must be received on or before June 9, 
2008.

ADDRESSES: Comments 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 dredge twine top EFP.'' 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 dredge twine top EFP.'' Comments may also 
be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research 
Program Specialist, phone: 978-281-9326, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: Coonamessett Farm submitted this EFP 
application for research activities that would assess a modified 
scallop dredge twine top (twine top) designed to reduce finfish bycatch 
while improving the retention of scallops. The subject EFP would exempt 
vessels from the following regulations: Ten-inch (25.4-cm) minimum 
twine top mesh size specified at 50 CFR 648.51(b)(2); CAI and CAII 
scallop vessel trip restrictions specified at Sec.  648.59(b)(5) and 
(c)(5), respectively; and temporary exemptions from scallop, Northeast 
multispecies, monkfish, summer flounder, black sea bass, scup, spiny 
dogfish, and skate possession restrictions specified throughout 50 CFR 
part 648.
    The applicant states that previous twine top selectivity research 
found that the aft portion of the twine top is where most scallop 
escapement occurs and the forward portion of the twine top is where 
most finfish escapement occurs. The applicant postulates that by 
decreasing the mesh size to 6 in (15.2 cm) in the aft portion of the 
twine top while increasing the mesh size to 12 in (30.5 cm) in the 
forward portion of the twine top that both scallop retention and 
finfish escapement would increase. The experimental twine top would 
also have lower hanging ratio beyond that of a traditionally hung twine 
top, with the hypothesis that this may further reduce finfish bycatch.
    The applicant states that to effectively test the modified twine 
top, field trials must occur in areas of high finfish bycatch such as 
those found in CAI and CAII. However, both CAI and CAII are closed to 
scallop fishing for the 2008 fishing year (March 1, 2008-February 28, 
2009). The applicant requests they be allowed up to three 7-day trips 
between September and November of 2008, in CAI and/or CAII. On these 
trips, the applicant would compare identical dredge frames fitted with 
a standard twine top and a modified twine top. All scallops and finfish 
caught during these trips would be processed for morphological data and 
then returned to the sea as soon as possible. Yellowtail flounder, as 
part of a separate research experiment assessing yellowtail flounder 
mortality in the scallop dredge fishery, would be tagged and released.
    In addition to testing the twine top in CAI and CAII, the applicant 
requests authorization to test the modified twine top on up to three 
fishing trips to the Nantucket Lightship Access Area (NLCA) and/or 
Elephant Trunk Access Area (ETAA). Both the NLCA and ETAA are open to 
scallop fishing in the 2008 fishing year. The applicant submitted a 
proposal to conduct this research with funding through the 2008 
Atlantic Sea Scallop Research Set-Aside (RSA) Program. The 2008 Scallop 
RSA Program proposals are currently under review. If this project is 
funded through the 2008 Scallop RSA Program, the NLCA and ETAA trips 
that employed the modified twine top would be compensation fishing 
trips. If it is not funded, the NLCA and ETAA trips would be normal 
commercial scallop fishing trips. This preliminary determination to 
issue an EFP for this research in no way implies that the proposal 
submitted for funding through the 2008 Scallop RSA Program will be, or 
has been, favorably reviewed.
    Exemption from scallop, Northeast multispecies, monkfish, summer 
flounder, black sea bass, scup, spiny dogfish, and skate possession 
restrictions would authorize project investigators to temporarily 
possess finfish for scientific data collection purposes prior to 
returning all finfish to the sea.

[[Page 30064]]

    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. 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: May 19, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-11524 Filed 5-22-08; 8:45 am]
BILLING CODE 3510-22-S