[Federal Register: December 20, 2002 (Volume 67, Number 245)]
[Proposed Rules]
[Page 77957-77958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de02-17]
[[Page 77957]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[I.D. 120302D]
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 required information and warrants further
consideration. The 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 EFPs. Therefore, NMFS announces that the Regional Administrator
proposes to issue EFPs that would allow three 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) Regulated Mesh Area (RMA), days-at-sea (DAS)
requirements, and the restrictions of GOM Rolling Closure Areas IV and
V. The proposed experiment would consist of a codend mesh selectivity
study in the GOM RMA. This study would test four codends, two single
and two composite, designed to accommodate new mesh-size regulations in
various configurations. 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 on this action must be received at the appropriate
address or fax number (see ADDRESSES) on or before January 6, 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 Codend Mesh Selectivity 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.
Copies of the environmental assessment prepared for the proposed
study are available from the NE Regional Office at the same address.
FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy
Analyst, 978-281-9103.
SUPPLEMENTARY INFORMATION: A complete application for an EFP was
received from Manomet on November 4, 2002. The EFPs would allow for
exemptions from the GOM RMA minimum mesh size requirements specified at
50 CFR 648.80(a)(3)(i), DAS requirements specified at Sec. 648.82(a),
and the restrictions of GOM Rolling Closure Areas IV and V specified at
Sec. 648.81(g).
This industry collaborative study involves Manomet and the
Massachusetts Division of Marine Fisheries as co-principal
investigators. The proposed experimental fishery would test the mesh
selectivity of single and composite mesh codends in the GOM RMA. The
objective of the proposed study is to address bycatch and discard of
non-target and sub-legal sized fish in the GOM groundfish otter trawl
fishery. The proposed study would test four codends, two single and two
composite, designed to accommodate new mesh-size regulations in various
configurations. The four proposed codend configurations are: (1) A
codend constructed entirely of 6.5-inch (16.5-cm) diamond mesh; (2) a
codend constructed entirely of 7-inch (17.8-cm) square mesh; (3) a
codend constructed with 7-inch (17.8-cm) square mesh in the upper panel
and 6.5-inch (16.5-cm) diamond mesh in the lower panel; and (4) a
codend constructed with 7-inch (17.8-cm) square mesh in the upper panel
and 7-inch (17.8-cm) diamond mesh in the lower panel. Each codend would
be covered with a small mesh (3-inch (7.6-cm)) codend cover in order to
gather information on the length frequency of the population sampled
versus the length frequency of the population retained. Selectivity
curves for each test codend could then be generated using this
information.
The proposed study area would consist of that portion of the GOM
RMA encompassed by a line beginning at the Maine shoreline at 69o W.
long., extending southward to the 42o30' N. lat. and then westward to
the 70o W. long., and then southward to the Cape Cod shoreline,
excluding the year-round Cashes Ledge and Western Gulf of Maine closure
areas.
Data from previous studies showed that codends do not perform in
the same manner in all areas at the same time, likely due to
differences in water temperatures and conditions throughout the year.
Therefore, in order to account for potential variations due to location
and time of year, the proposed study area would be divided into three
areas of operation (North, Center and South), and the study would be
conducted over three different months (February, June and November),
also referred to as seasons. The study is proposed to begin in February
2003, and be completed by November 30, 2003.
In order for the participating vessels to operate in three separate
areas during the months of February, June and November, these vessels
must be exempt from GOM Rolling Closure Area IV and Rolling Closure
Area V. Rolling Closure Area IV is in effect from June 1 - June 30,
2003, and Rolling Closure Area V is in effect from October 1 - November
30, 2003. If participating vessels were not exempt from these seasonal
closure areas, only the Center area could be sampled during all three
seasons, while the North and South areas could be sampled for two
seasons each. As a result, the ability to compare results across
seasons and areas would be severely impacted if access to the GOM
rolling closure areas were not authorized.
A maximum of three vessels would be participating in the
experimental fishery at any time. One additional vessel would be
designated as an alternate. The three participating vessels would
conduct one concurrent trip per season, with each vessel operating in a
different area of operation, North, Center, or South. Each vessel would
conduct eight tows of 20 minutes in duration with each of the four
codend types, for a total of 32 tows per vessel per season, and a total
of 288 tows for the entire study. Each concurrent trip would last four
operational sea days, resulting in a total of 36 sea days for the
entire study. Therefore, participating vessels would be exempt from a
total of 36 DAS. Participating vessels would not engage in any other
fishing activities other than the experimental tows while operating
under an exempted DAS. The four operational sea days would provide
Manomet staff with sufficient time to process catch between hauls and
re-rig
[[Page 77958]]
the vessels for each of the four test codends, and would also provide
for additional time in case of bad weather. Depending on the distance
of the study area from port, weather conditions, and other logistical
factors, participating vessels could re-rig for each test codend at
sea, or could return to port for re-rigging. Participating vessels
would be required to notify NMFS prior to commencing an experimental
fishing trip.
Target species would include cod, haddock, yellowtail flounder,
American plaice, witch flounder, pollock, and windowpane flounder. The
primary incidental species are expected to be 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 two observers on board. All catch would
be sorted and weighed on board the vessel. In addition, all
commercially important species would be measured. All species that do
not meet minimum size requirements would be returned to the sea
immediately following scientific processing. Therefore, no undersized
fish would be retained on board the vessel. A final report containing
the results of the study would be provided to NMFS no later than 6
months following completion of the study.
All vessels participating in the proposed experimental fishery
would be required to abide by existing trip limits for cod and haddock.
Current regulations restrict vessels fishing in the GOM to landing no
more than 500 lb (226.8 kg) of cod per DAS, up to a maximum of 4,000 lb
(1,814.4 kg) per trip. Vessels would also be restricted to landing
3,000 lb (1,360.8 kg) of haddock per DAS, up to a maximum of 30,000 lb
(13,607.8 kg), during the months of May through September, and 5,000 lb
(2,268 kg) per DAS, up to a maximum of 50,000 lb (22,679.6 kg), during
the months of October through April. Because each vessel is expected to
utilize four sea days each season, these vessels would be limited to
landing a maximum of 2,000 lb (907.2 kg) of cod each trip, and 12,000
lb (5,443.1 kg) of haddock during the November and February trips, and
20,000 lb (9,071.8 kg) of haddock during the June trips. If the
Regional Administrator projects that less than 75 percent of the target
total allowable catch for haddock will be harvested by the end of the
fishing year, NMFS may waive the daily haddock trip limit as authorized
under Sec. 648.86(a)(1)(iii)(B). If the daily haddock trip limit is
waived, participating vessels would be authorized to land the maximum
haddock trip limit.
A draft environmental assessment (EA) has been prepared that
analyzes the impacts of the proposed experimental fishery on the human
environment. This draft EA concludes that the proposed activities to be
conducted under the requested EFPs are consistent with the goals and
objectives of the FMP, would not be detrimental to the well-being of
any stocks of fish harvested, and would have no significant
environmental impacts. The draft EA also concludes that the proposed
experimental fishery would not be detrimental to Essential Fish
Habitat, marine mammals, or protected species.
EFPs would be issued to up to four vessels (three participating
plus one alternate), exempting them from the DAS requirements, and
specific minimum mesh size requirements and GOM rolling closure area
restrictions of the FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 02-32147 Filed 12-19-02; 8:45 am]
BILLING CODE 3510-22-S