Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits, 17070-17071 [E5-1481]
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17070
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices
(EFPs) can be submitted by any of the
following methods:
• Email: ID032805A@noaa.gov.
Include in the subject line the following
identifier: I.D.032805A.
• Mail: Heather Stirratt, NMFS Highly
Migratory Species Management
Division, 1315 East-West Highway,
Silver Spring, MD 20910.
• Fax: (301) 713–1917.
FOR FURTHER INFORMATION CONTACT:
Heather Stirratt at (301) 713–2347.
SUPPLEMENTARY INFORMATION: EFPs are
requested and issued under the
authority of the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.) and/or the
Atlantic Tunas Convention Act (16
U.S.C. 971 et seq.). Regulations at 50
CFR 600.745 and 635.32 govern
scientific research activity, exempted
fishing, and exempted educational
activity with respect to Atlantic HMS.
Six operators of permitted Atlantic
pelagic longline vessels have requested
exemptions from certain regulations
applicable to the harvest and landing of
HMS in order to conduct bycatch
reduction research in the following
regions of the Atlantic Ocean: North of
Cape Hatteras, South of Cape Hatteras,
and Gulf of Mexico (GOM). Specifically,
the vessels propose to test gear
modifications and/or various fishing
techniques to avoid incidentally-caught
white marlin, blue marlin, bluefin tuna,
and sea turtles, while allowing for the
targeted catches of allowed species.
To conclusively demonstrate the
effectiveness of gear modifications, in
the shortest timeframe, it is necessary to
test bycatch reduction measures in those
areas where pelagic longlines are most
likely to encounter the bycatch species
of concern (i.e., juvenile HMS). As such,
it is necessary to conduct comparison
experiments both inside and outside of
existing closed areas. Restricted access
within existing closed areas has been
proposed by the applicants as terms and
conditions of the proposed research in
order to minimize or eliminate the
potential for gear and/or fishing grounds
conflicts. Within the GOM region, two
pelagic longline vessels propose to
conduct 100 compensated bycatch
reduction fishing sets (approximately
750 hooks/set) during a limited time
period (late April through September).
Within the North of Cape Hatteras
region, two pelagic longline vessels
propose to conduct 50 compensated
bycatch reduction fishing sets
(approximately 680 hooks/set) during a
limited time period (June through
August). Within the South of Cape
Hatteras region, two pelagic longline
vessels propose to conduct 50
compensated bycatch reduction fishing
VerDate jul<14>2003
15:19 Apr 01, 2005
Jkt 205001
sets (approximately 556 hooks/set)
during a limited time period (late April
through June).
This research may benefit all
interested parties by providing fishery
managers with additional gear
modifications and/or fishing techniques
that reduce or avoid incidental capture/
bycatch mortality of HMS in the
research areas as proposed above.
The regulations that would prohibit
the proposed activities include
requirements for size limits (50 CFR
635.20), commercial retention limits for
sharks and swordfish (50 CFR 635.24),
and definitions as they apply to closed
areas (50 CFR 635.2).
NMFS invites comments from
interested parties on potential concerns
should these EFPs be issued. Copies of
the EA are now available for review and
comment (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq. and 16
U.S.C. 1801 et seq.
Dated: March 30, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–6598 Filed 3–30–05; 1:47 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 033005A]
Atlantic Coastal Fisheries Cooperative
Management Act Provisions;
Application for Exempted Fishing
Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: The Director, State, Federal
and Constituent Programs Office,
Northeast Region, NMFS (Office
Director) has made a preliminary
determination that the subject Exempted
Fishing Permit (EFP) application
contains all the required information
and warrants further consideration. The
Office Director has also made a
preliminary determination that the
activities authorized under the EFPs
would be consistent with the goals and
objectives of Federal management of the
American lobster resource. However,
further review and consultation may be
necessary before a final determination is
made to issue EFPs. Therefore, NMFS
announces that the Office Director
proposes to issue EFPs that would allow
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
a maximum of seven vessels to conduct
fishing operations involving the use of
one juvenile lobster collector trap per
vessel that are otherwise restricted by
the regulations governing the American
lobster fisheries of the Northeastern
United States.
The EFP involves the non-destructive
collection of size frequency and
population data on legal and sublegal
lobsters as part of an ongoing research
project to monitor the offshore lobster
fishery in Lobster Management Area 3.
It would not involve the authorization
of any additional trap gear in the area.
A maximum of seven participating
commercial fishing vessels will collect
detailed abundance and size frequency
data on the composition of lobsters in
four general offshore study areas in a
collaborative effort with the Atlantic
Offshore Lobstermen’s Association
(AOLA). This EFP requests that each
participating commercial fishing vessel
utilize one modified juvenile lobster
collector trap to collect population data.
The lobster trap modifications are to the
escape vents, and trap entrance head,
not to the trap’s size or configuration.
Therefore, this modified trap would
impact its environment no differently
than the regular lobster trap it replaces
and will add no additional traps to the
area. After data is collected on lobsters
in the trap, all sub-legal and berried
female lobsters will be immediately
returned to the sea. The EFP waives the
American lobster escape vent
requirement for a maximum of one trap
per vessel for a maximum of seven
vessels in the program. Therefore, this
document invites comments on the
issuance of EFPs to allow a maximum
of seven commercial fishing vessels
utilize a maximum of seven modified
lobster traps and to collect statistical
data using modified lobster trap gear.
DATES: Written comments on this lobster
EFP notification for offshore lobster
monitoring and data collection must be
received on or before April 19, 2005.
ADDRESSES: Written comments should
be sent to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930–2298. Mark the
outside of the envelope ‘‘Comments Lobster EFP Proposal’’. Comments also
may be sent via fax to 978–281–9117.
Or, comments may be submitted by email to Lob0205@noaa.gov. Include in
the subject line the following document
identifier: ‘‘Comments - Lobster EFP
Proposal’’.
FOR FURTHER INFORMATION CONTACT: Bob
Ross, Fishery Management Specialist,
978–281–9234, fax 978–281–9117.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\04APN1.SGM
04APN1
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices
Background
The regulations that govern exempted
fishing, at 50 CFR 600.745(b) and 697.22
allow the Regional Administrator to
authorize for limited testing, public
display, data collection, exploration,
health and safety, environmental cleanup, and/or hazardous removal purposes,
and the targeting or incidental harvest of
managed species that would otherwise
be prohibited. An EFP to authorize such
activity may be issued, provided there is
adequate opportunity for the public to
comment on the EFP application, the
conservation goals and objectives of
Federal management of the American
lobster resource are not compromised,
and issuance of the EFP is beneficial to
the management of the species.
The American lobster fishery is the
most valuable fishery in the
northeastern United States. In 2003,
approximately 72 million pounds
(26,873 metric tons) of American lobster
were landed with an ex-vessel value of
approximately $286 million. American
lobster experience very high fishing
mortality rates and are overfished
throughout their range, from Canada to
Cape Hatteras. Although harvest and
population abundance are near record
levels due to high recent recruitment
and favorable environmental conditions,
there is significant risk of a sharp drop
in abundance, and such a decline would
have serious implications. Operating
under the Atlantic States Marine
Fisheries Commission’s interstate
management process, American lobster
are managed in state waters under
Amendment 3 to the American Lobster
Interstate Fishery Management Plan
(Amendment 3). In Federal waters of the
Exclusive Economic Zone (EEZ), lobster
is managed under Federal regulations at
50 CFR part 697. Amendment 3, and
compatible Federal regulations
established a framework for area
management, which includes industry
participation in the development of a
management program that suits the
needs of each lobster management area
while meeting targets established in the
Interstate Fisheries Management
Program. The industry, through area
management teams, with the support of
state agencies, have played a vital role
in advancing the area management
program.
To facilitate the development of
effective management tools, extensive
monitoring and detailed abundance and
size frequency data on the composition
of lobsters throughout the range of the
resource are necessary. This proposed
EFP will continue a project involved in
extensive monitoring and detailed
population information of American
VerDate jul<14>2003
15:19 Apr 01, 2005
Jkt 205001
lobster in four offshore study areas
using modified lobster trap gear that
would otherwise be prohibited.
Proposed EFP
The proposed EFP is a continuation of
a project begun in 2003, and is
submitted by the AOLA and seven
commercial lobster fishing vessels that
are also members of the AOLA. The EFP
proposes to collect statistical and
scientific information as part of a project
designed to monitor the offshore
American lobster fishery to collect data
that will assist the development of
management practices appropriate to
the fishery.
Each of seven commercial fishing
vessels involved in this monitoring and
data collection program would collect
detailed abundance and size frequency
data on the composition of all lobsters
collected from one modified juvenile
lobster trap in a string of approximately
40 lobster traps, including data on sublegal, and egg bearing females in
addition to legal lobsters. This EFP
would not involve the authorization of
any additional lobster trap gear in the
area. Vessels would collect data from
each of four general study areas: The
Mid-Atlantic - Chesapeake 50 Fathom
Edge; the Southern - Hudson Canyon
Area; the Middle - Veatch Canyon Area;
and the Northern - Georges Bank and
Gulf of Maine Area. The participating
vessels may retain on deck sub-legal
lobsters, and egg bearing female
lobsters, in addition to legal lobsters, for
the purpose of collecting the required
abundance and size frequency data
specified by this project. Data collected
would include size, sex, shell disease
index, and the total number of legals,
sub-legals, berried females, and vnotched females. All sub-legals, berried
females, and v-notched females would
be returned to the sea as quickly as
possible after data collection. Pursuant
to 50 CFR 600.745(3)(v), the Regional
Administrator may attach terms and
conditions to the EFP consistent with
the purpose of the exempted fishing.
This EFP requests the inclusion of a
maximum of one modified lobster trap
per vessel, designated as a juvenile
lobster collector trap, in the string of
approximately 40 traps. This modified
lobster trap would have a smaller
entrance head, no escape vents and
would be made of a smaller mesh than
the traditional offshore trap to catch and
retain a high percentage of juvenile
lobsters in the 30–65 mm carapace
length range. The smaller entrance head
would exclude large lobsters from this
trap and decrease the probability of
cannibalism within the trap. The
modifications to the trap are to the
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
17071
escape vents, and trap entrance head,
not to the trap’s size or configuration,
therefore this modified trap would
impact its environment no differently
than the regular lobster trap it replaces.
This EFP will add no additional traps to
the areas. Due to modifications to the
escape vent, the EFP proposed to waive
the American lobster escape vent
requirement specified at 50 CFR
697.21(c) for a maximum of one trap per
vessel for a maximum of seven vessels
in the program. With the exception of
the one modified juvenile lobster
collector trap, all traps fished by a
maximum of seven participating vessels
would comply with all applicable
lobster regulations specified at 50 CFR
part 697.
All sample collections would be
conducted by seven federally permitted
commercial fishing vessels, during the
course of regular commercial fishing
operations. There would not be
observers or researchers onboard the
participating vessels.
This project, including the lobster
handling protocols, was initially
developed in consultation with NOAA
Fisheries and University of New
Hampshire scientists. To the greatest
extent practicable, these handling
protocols are designed to avoid
unnecessary adverse environmental
impact on lobsters involved in this
project, while achieving the data
collection objectives of this project.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–1481 4–1–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031805C]
Marine Mammals; Permit No. 782–1719
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit amendment.
AGENCY:
SUMMARY: Notice is hereby given that
the National Marine Mammal
Laboratory, National Marine Fisheries
Service, NOAA, 7600 Sand Point Way,
NE, BIN C15700, Bldg. 1, Seattle, WA
98115–0070, [John L. Bengtson, Ph.D.,
Principal Investigator] has been issued
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17070-17071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1481]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 033005A]
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Director, State, Federal and Constituent Programs Office,
Northeast Region, NMFS (Office Director) has made a preliminary
determination that the subject Exempted Fishing Permit (EFP)
application contains all the required information and warrants further
consideration. The Office Director has also made a preliminary
determination that the activities authorized under the EFPs would be
consistent with the goals and objectives of Federal management of the
American lobster resource. However, further review and consultation may
be necessary before a final determination is made to issue EFPs.
Therefore, NMFS announces that the Office Director proposes to issue
EFPs that would allow a maximum of seven vessels to conduct fishing
operations involving the use of one juvenile lobster collector trap per
vessel that are otherwise restricted by the regulations governing the
American lobster fisheries of the Northeastern United States.
The EFP involves the non-destructive collection of size frequency
and population data on legal and sublegal lobsters as part of an
ongoing research project to monitor the offshore lobster fishery in
Lobster Management Area 3. It would not involve the authorization of
any additional trap gear in the area. A maximum of seven participating
commercial fishing vessels will collect detailed abundance and size
frequency data on the composition of lobsters in four general offshore
study areas in a collaborative effort with the Atlantic Offshore
Lobstermen's Association (AOLA). This EFP requests that each
participating commercial fishing vessel utilize one modified juvenile
lobster collector trap to collect population data. The lobster trap
modifications are to the escape vents, and trap entrance head, not to
the trap's size or configuration. Therefore, this modified trap would
impact its environment no differently than the regular lobster trap it
replaces and will add no additional traps to the area. After data is
collected on lobsters in the trap, all sub-legal and berried female
lobsters will be immediately returned to the sea. The EFP waives the
American lobster escape vent requirement for a maximum of one trap per
vessel for a maximum of seven vessels in the program. Therefore, this
document invites comments on the issuance of EFPs to allow a maximum of
seven commercial fishing vessels utilize a maximum of seven modified
lobster traps and to collect statistical data using modified lobster
trap gear.
DATES: Written comments on this lobster EFP notification for offshore
lobster monitoring and data collection must be received on or before
April 19, 2005.
ADDRESSES: Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope
``Comments - Lobster EFP Proposal''. Comments also may be sent via fax
to 978-281-9117. Or, comments may be submitted by e-mail to
Lob0205@noaa.gov. Include in the subject line the following document
identifier: ``Comments - Lobster EFP Proposal''.
FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management
Specialist, 978-281-9234, fax 978-281-9117.
SUPPLEMENTARY INFORMATION:
[[Page 17071]]
Background
The regulations that govern exempted fishing, at 50 CFR 600.745(b)
and 697.22 allow the Regional Administrator to authorize for limited
testing, public display, data collection, exploration, health and
safety, environmental clean-up, and/or hazardous removal purposes, and
the targeting or incidental harvest of managed species that would
otherwise be prohibited. An EFP to authorize such activity may be
issued, provided there is adequate opportunity for the public to
comment on the EFP application, the conservation goals and objectives
of Federal management of the American lobster resource are not
compromised, and issuance of the EFP is beneficial to the management of
the species.
The American lobster fishery is the most valuable fishery in the
northeastern United States. In 2003, approximately 72 million pounds
(26,873 metric tons) of American lobster were landed with an ex-vessel
value of approximately $286 million. American lobster experience very
high fishing mortality rates and are overfished throughout their range,
from Canada to Cape Hatteras. Although harvest and population abundance
are near record levels due to high recent recruitment and favorable
environmental conditions, there is significant risk of a sharp drop in
abundance, and such a decline would have serious implications.
Operating under the Atlantic States Marine Fisheries Commission's
interstate management process, American lobster are managed in state
waters under Amendment 3 to the American Lobster Interstate Fishery
Management Plan (Amendment 3). In Federal waters of the Exclusive
Economic Zone (EEZ), lobster is managed under Federal regulations at 50
CFR part 697. Amendment 3, and compatible Federal regulations
established a framework for area management, which includes industry
participation in the development of a management program that suits the
needs of each lobster management area while meeting targets established
in the Interstate Fisheries Management Program. The industry, through
area management teams, with the support of state agencies, have played
a vital role in advancing the area management program.
To facilitate the development of effective management tools,
extensive monitoring and detailed abundance and size frequency data on
the composition of lobsters throughout the range of the resource are
necessary. This proposed EFP will continue a project involved in
extensive monitoring and detailed population information of American
lobster in four offshore study areas using modified lobster trap gear
that would otherwise be prohibited.
Proposed EFP
The proposed EFP is a continuation of a project begun in 2003, and
is submitted by the AOLA and seven commercial lobster fishing vessels
that are also members of the AOLA. The EFP proposes to collect
statistical and scientific information as part of a project designed to
monitor the offshore American lobster fishery to collect data that will
assist the development of management practices appropriate to the
fishery.
Each of seven commercial fishing vessels involved in this
monitoring and data collection program would collect detailed abundance
and size frequency data on the composition of all lobsters collected
from one modified juvenile lobster trap in a string of approximately 40
lobster traps, including data on sub-legal, and egg bearing females in
addition to legal lobsters. This EFP would not involve the
authorization of any additional lobster trap gear in the area. Vessels
would collect data from each of four general study areas: The Mid-
Atlantic - Chesapeake 50 Fathom Edge; the Southern - Hudson Canyon
Area; the Middle - Veatch Canyon Area; and the Northern - Georges Bank
and Gulf of Maine Area. The participating vessels may retain on deck
sub-legal lobsters, and egg bearing female lobsters, in addition to
legal lobsters, for the purpose of collecting the required abundance
and size frequency data specified by this project. Data collected would
include size, sex, shell disease index, and the total number of legals,
sub-legals, berried females, and v-notched females. All sub-legals,
berried females, and v-notched females would be returned to the sea as
quickly as possible after data collection. Pursuant to 50 CFR
600.745(3)(v), the Regional Administrator may attach terms and
conditions to the EFP consistent with the purpose of the exempted
fishing.
This EFP requests the inclusion of a maximum of one modified
lobster trap per vessel, designated as a juvenile lobster collector
trap, in the string of approximately 40 traps. This modified lobster
trap would have a smaller entrance head, no escape vents and would be
made of a smaller mesh than the traditional offshore trap to catch and
retain a high percentage of juvenile lobsters in the 30-65 mm carapace
length range. The smaller entrance head would exclude large lobsters
from this trap and decrease the probability of cannibalism within the
trap. The modifications to the trap are to the escape vents, and trap
entrance head, not to the trap's size or configuration, therefore this
modified trap would impact its environment no differently than the
regular lobster trap it replaces. This EFP will add no additional traps
to the areas. Due to modifications to the escape vent, the EFP proposed
to waive the American lobster escape vent requirement specified at 50
CFR 697.21(c) for a maximum of one trap per vessel for a maximum of
seven vessels in the program. With the exception of the one modified
juvenile lobster collector trap, all traps fished by a maximum of seven
participating vessels would comply with all applicable lobster
regulations specified at 50 CFR part 697.
All sample collections would be conducted by seven federally
permitted commercial fishing vessels, during the course of regular
commercial fishing operations. There would not be observers or
researchers onboard the participating vessels.
This project, including the lobster handling protocols, was
initially developed in consultation with NOAA Fisheries and University
of New Hampshire scientists. To the greatest extent practicable, these
handling protocols are designed to avoid unnecessary adverse
environmental impact on lobsters involved in this project, while
achieving the data collection objectives of this project.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E5-1481 4-1-05; 8:45 am]
BILLING CODE 3510-22-S