[Federal Register: March 12, 2003 (Volume 68, Number 48)]
[Proposed Rules]
[Page 11793-11794]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr03-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[I.D. 022403D]
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permits (EFPs)
AGENCY: Department of Commerce, National Oceanic and Atmospheric
Administration (NOAA), National Marine Fisheries Service (NMFS)
ACTION: Notification of a proposal for EFPs to conduct experimental
fishing; request for comments.
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SUMMARY: The Administrator, Northeast Region, NMFS (Regional
Administrator) has made a preliminary determination that the subject
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 EFPs
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 EFPs. Therefore, NMFS announces that the Regional Administrator
proposes to issue EFPs that would allow four vessels to conduct fishing
operations that are otherwise restricted by the regulations governing
the fisheries of the Northeastern United States. The EFPs would exempt
these vessels from minimum mesh size requirements of the Gulf of Maine
(GOM) and Georges Bank (GB) Regulated Mesh Areas (RMAs) and from the
seasonal GOM Rolling Closure Areas II and III. The proposed experiment
would test a separator panel designed to separate haddock from cod in
the GOM and GB RMAs. All experimental work would be monitored by
Manomet Center for Conservation Sciences (Manomet) personnel.
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 at the appropriate address or fax
number (see ADDRESSES) on or before March 27, 2003.
ADDRESSES: Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
Manomet Separator Trawl EFP Proposal.'' Comments may also be sent via
fax to (978) 281-9135. Comments will not be accepted if submitted via
e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Heather Sagar, Fisheries Management
Specialist, 978-281-9104.
SUPPLEMENTARY INFORMATION: An initial application from Manomet was
received on December 6, 2002, and the application was completed on
January 31, 2003. The proposed study would test a modified trawl net
with a separator panel, designed to separate haddock from cod. The
modified net would be built with a 4-inch mesh horizontal separator
panel dividing the trawl codend into an upper and lower codend. Both
codends would be constructed with legal minimum mesh size and the net
would be fully compliant with current regulations except for the
insertion of a small mesh separator panel. The study would involve four
phases. The first phase would consist of development and construction
of a separator trawl net. Phase two would involve a series of sea
trials conducted with an underwater video camera to ensure that the
trawl and separator panel are fishing properly. Trials would take place
in shallow water to ensure high quality video imaging. This process
would take up to 2 days. Phase three would be the experimental sea
trials. Four commercial vessels would fish 5 days each, making
approximately five tows per day for a total of 100 tows for this
portion of the study. Tow length would be approximately 30 minutes and
experimental tows would mimic normal fishing practices. This would
result in a total of 22 sea days for the entire study (including 2 days
for preliminary sea trials). Participating vessels would be required to
notify NMFS prior to commencing an experimental fishing trip. The final
phase of the experiment would be data analysis and reporting, including
a video analysis.
The proposed study area would take place off the coast of Cape Cod,
MA, inside the area defined by the following coordinates: 42[deg]15' N.
lat., 70[deg]15' W. long.; 42[deg]15' N. lat., 69[deg]30' W. long.;
42[deg]00' N. lat., 69[deg]30' W. long.; 42[deg]00' N. lat., 68[deg]30'
W. long.; 41[deg]30' N. lat., 68[deg]30' W. long.; 41[deg]30' N. lat.
70[deg]00' W. long. following the Cape Cod shoreline north to
42[deg]00' N. lat., 70[deg]00' W. long.; 42[deg]00' N. lat., 70[deg]15'
W. long.; and 42[deg]15' N. lat., 70[deg]15' W. long. Areas subjected
to permanent closures would be avoided. The EFPs would allow for
exemptions from the GOM and GB RMA minimum mesh size requirements
specified at 50 CFR 648.80(a)(1) and (a)(2), and seasonal GOM Rolling
Closure Areas II and III specified at 50 CFR 648.81(g).
Under this experiment, target species would be cod, haddock,
yellowtail flounder, American plaice, witch flounder, pollock, and
windowpane flounder. Incidental species would include skate, smooth
dogfish, spiny dogfish, sculpins, sea raven and sea robin. All
biological and environmental information would be recorded by trained
observers (supplied by Manomet) on relevant NMFS observer logbooks.
Each participating vessel would have an observer on board. All catch
would be sorted and weighed on board the vessel. In addition, all
[[Page 11794]]
commercially important species would be measured. Species that do not
meet minimum size requirements would be returned to the sea immediately
following scientific processing. Experimental fishing operations would
take place from approximately April 1 through September 30, 2003. A
final report containing the results of the study would be provided to
NMFS no later than 6 months following completion of the study.
A portion of the experimental fishing area proposed in this EFP is
in the GOM RMA. However, the majority of the experiment area is on GB,
and all vessels participating in the proposed experimental fishery
would be required to abide by existing trip limits for GB cod and
haddock for the duration of this experiment. Current regulations
restrict vessels fishing on GB to landing no more than 2,000 lb (907.2
kg) of cod per days-at-sea (DAS), up to a maximum of 20,000 lb (9,071.8
kg) per trip. Because each vessel is expected to utilize 5 sea days,
these vessels would be limited to landing a maximum of 2,000 -10,000 lb
(907.2 - 4,536 kg) of cod per trip. Vessels would also be restricted to
landing no more then 30,000 lb (13,608 kg) of haddock per trip from May
through September, and 50,000 lb (22,680 kg) of haddock per trip, from
October through April. In addition, vessels would be subject to the
haddock trip limit, by day or by trip, as required by the regulations,
should a daily haddock trip limit or overall trip limit be in effect
for the commercial fishery (i.e., at the start of the May 1, 2003,
fishing year, and if a daily limit is imposed prior to the end of the
fishing year in order to prevent the haddock TAC from being exceeded).
EFPs would be issued to four vessels, exempting them from the
specific minimum mesh size requirements restrictions and seasonal GOM
Rolling Closure Area II and III of the FMP.
Based on the results of the EFP, this action may lead to future
rulemaking.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-5903 Filed 3-11-03; 8:45 am]
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