Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 39488-39489 [E5-3602]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Pages 39488-39489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3602]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 070505A]


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

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

ACTION: Notice; request for comments.

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SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) 
has made a preliminary determination that the subject Exempted Fishing 
Permit (EFP) application contains all the required information and 
warrants further consideration. The Assistant 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 the EFP. Therefore, the 
Assistant Regional Administrator proposes to recommend that an EFP be 
issued to test gear modification to reduce bycatch in the NE 
multispecies fishery that would allow three commercial fishing vessels 
to conduct fishing operations that are otherwise restricted by the 
regulations governing the fisheries of the Northeastern United States. 
The EFP would allow for exemptions from the FMP as follows: The Gulf of 
Maine (GOM) minimum mesh size requirements. Initially, the applicant 
requested an EFP to conduct research during May to July 15, 2005, and 
requested an exemption from the regulations pertaining to the GOM 
Rolling Closure Areas II and III at Sec.  648.81(f)(1)(ii) and (iii), 
respectively. Due to an oversight, exemptions from GOM minimum mesh 
size requirements and from the GOM Rolling Closure Area IV (Sec.  
648.81(f)(1)(iv)) were omitted from the May 16, 2005 Federal Register 
notice (70 FR 25814) announcing the EFP for the project. This revision 
proposes a GOM minimum mesh size exemption (the GOM Rolling Closure 
Area exemptions would no longer be necessary due to the timing of this 
action) and would extend the duration of the project to August 12, 
2005.
    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 on or before July 25, 2005.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on the Manomet Rigid Mesh EFP Proposal Revision.'' Comments 
may also be sent via fax to (978) 281-9135, or be submitted via e-mail 
to the following address: da5-85r@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Karen Tasker, Fishery Management 
Specialist, phone (978) 281-9273.

SUPPLEMENTARY INFORMATION: Manomet Center for Conservation Sciences 
submitted an application for an EFP on March 16, 2005. The primary goal 
of the research is to test the effectiveness of inserting a rigid mesh 
panel between the extension and the codend of a trawl net to reduce 
regulatory discards while targeting yellowtail flounder, winter 
flounder, summer flounder, American plaice, and cod in inshore GOM 
waters.
    The proposed rigid mesh panel would be 6.56 ft (2 m) in length and 
would be constructed of elongate meshes 2.36 inches (60 mm) wide and 
7.87 inches (200 mm) long. This panel would be

[[Page 39489]]

inserted between the extension and the codend of the net and would be 
the same diameter as the net. This project is proposed to occur in the 
Western GOM. The project would take place over 22 days from July 2005, 
to August 12, 2005, in two areas in the GOM waters, excluding the 
Western GOM Closure Area, as follows: (1) The area from 43[deg]10' N. 
lat. to the Maine shoreline, and from 69[deg]30' W. long. to the Maine 
shoreline; and (2) the area from 42[deg]00' N. lat. to 42[deg]30' N. 
lat., and from 70[deg]00' W. long. to the Massachusetts shoreline 
(approximately 70[deg]40' W. long.). Researchers have requested an 
exemption from the regulations establishing the minimum mesh size 
requirements because the net that they are proposing to use contains a 
panel of nonconforming mesh (neither diamond nor square in shape). 
Given that the overall area of the elongate mesh is larger than that of 
the square and diamond mesh, it is not anticipated that the panel would 
lead to the capture of a large number of undersized fish.
    Researchers would film the interior and exterior of the net to 
verify proper construction and to document species' reactions to the 
net. Once the proper construction of the net has been verified, 
researchers would use the remainder of the trials to test the potential 
for bycatch reduction of the experimental panel by conducting 
alternating tows using the net with the experimental panel and a 
conventional codend, following an A-B-B-A pattern, comparing the 
catches between the two codends. No more than 110 tows total for the 
three vessels combined would be performed during at-sea trials. Under 
the previously issued EFP, researchers were authorized to conduct 
similar research over 30 days of sea trials; however, they were able to 
conduct only 8 days of sea trials.
    The researchers anticipate that a total of 4,917 lb (2,230.3 kg) of 
fish, including 1,320 lb (598.7 kg) of cod, 550 lb (249.5 kg) of 
yellowtail flounder, 550 lb (249.5 kg) of winter flounder, and 550 lb 
(249.5 kg) of American plaice would be harvested throughout the course 
of the study. Other species that are anticipated to be caught are 
species of skates, smooth and spiny dogfish, sculpins, sea ravens, and 
sea robins. All legal-sized fish, within the possession limits, would 
be sold, with the proceeds going toward defraying the cost of vessel 
chartering fees. There would be no retention of undersized fish aboard 
the vessels and there is no anticipated impact on marine mammals or 
endangered species.
    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 minimal enough so 
as not to change the scope or impact of the initially approved EFP 
request.

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

    Dated: July 5, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E5-3602 Filed 7-7-05; 8:45 am]
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