Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits (EFPs), 29722 [E5-2589]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Notices]
[Page 29722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2589]



[[Page 29722]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 051905A]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits (EFPs)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of a proposal for an EFP to conduct experimental 
fishing; request for comments.

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SUMMARY: NMFS announces that the Assistant Regional Administrator for 
Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional 
Administrator) proposes to recommend that an EFP be issued in response 
to an application submitted by the Cornell Cooperative Extension of 
Suffolk County (Cornell). The EFP would allow one commercial fishing 
vessel to conduct a study examining vent sizes in black sea bass pots 
from approximately June 1, 2005, through May 31, 2006. The Assistant 
Regional Administrator has made a preliminary determination that the 
application contains all of the required information and warrants 
further consideration and that the activities to be authorized under 
the EFP would be consistent with the goals and objectives of the Summer 
Flounder, Scup, and Black Sea Bass Fishery Management Plan. However, 
further review and consultation may be necessary before a final 
determination is made to issue an EFP.

DATES: Comments on this action must be received on or before June 8, 
2005.

ADDRESSES: Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is DA5-127@noaa.gov. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on Cornell Black Sea Bass Escape Vent 
EFP Proposal.'' 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 
Cornell Black Sea Bass Escape Vent EFP Proposal.'' Comments may also be 
sent via fax to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management 
Specialist, phone: 978-281-9326, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: On March 24, 2005, Cornell submitted an 
application for a continuation of their study of the effects of vent 
size and shape on black sea bass behavior and escapement from pot gear. 
The applicant has submitted a new EFP request for a continuation of the 
study they began in 2004. During 2004, the project conducted Research 
Set-Aside compensation trips to fund the research. The new EFP would 
allow the applicant to conduct the research portion of their project. 
The EFP would allow exemption from the Northeast (NE) lobster trap and 
tagging requirements at 50 CFR 697.19(a) and (c), the black sea bass 
gear restrictions for pot and trap gear (escape vent and marking) at 
Sec.  648.144(b), and the black sea bass minimum size restrictions at 
Sec.  648.143.
    The exempted fishing activity involves research fishing in Federal 
waters. The sea trials would be conducted in the waters surrounding 
Long Island, New York, including the Atlantic Ocean, Block Island 
Sound, and Long Island Sound, from approximately June 1, 2005, through 
May 31, 2006. The sampling protocol lists the following vent sizes and 
configurations to be used in this study: Double circular 2.5-inch (6.4-
cm) diameter (presently the standard size in the black sea bass fishery 
and the regulatory size for lobster in Lobster Management Area (LMA) 
4); 5.75-inch (14.61-cm) by 2.0-inch (5.1-cm) rectangular (current 
regulatory size for lobster); double circular 2.625-inch (6.668-cm) 
diameter (required in the lobster fishery as of January 1, 2005, in all 
areas except LMA 1 and 6); single circular 2.375-inch (6.033-cm) 
diameter (current regulatory size for black sea bass); 2.0-inch (5.1-
cm) square (current regulatory size for black sea bass). Vents would be 
placed in a side panel near the bottom of the pot. The pots would be 
set in blocks of six (five experimental, one control) with two blocks 
to a string. Ten strings would be hauled every 10 days. One additional 
string would be hauled every 40 days to estimate mortality. One 
federally permitted commercial fishing vessel would be used to conduct 
the research fishing trips.
    It is estimated that 5,000 pounds of black sea bass and 500 pounds 
of lobster would be landed. It is further estimated that 1,000 pounds 
of black sea bass, 500 pounds of scup, and 200 pounds of lobster would 
be discarded. All bycatch would be released alive whenever possible. 
Sub-legal sized black sea bass would be retained in onboard live tanks 
for length frequency measurement and then released as soon as 
practicable. Fish would be landed in New York. Scientists from Cornell 
would be onboard during all research trips.
    An EFP would be issued to one federally permitted commercial black 
sea bass vessel to exempt it from the regulations noted above. 
Exemption from the lobster and black sea bass trap requirements would 
allow the project to use pots in excess of the regulated pot limit 
while conducting the study. Exemption from the black sea bass minimum 
size restrictions would allow the vessels to temporarily retain sub-
legal sized black sea bass to obtain length frequency measurements 
while conducting the study.
    The applicant may request 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 have minimal impacts 
that do not change the scope or impact of the initially approved EFP 
request.
    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.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 19, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E5-2589 Filed 5-23-05; 8:45 am]
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