Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits, 17070-17071 [E5-1481]

Download as PDF 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]


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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
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