[Federal Register Volume 65, Number 130 (Thursday, July 6, 2000)]
[Proposed Rules]
[Pages 41622-41623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17112]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 062800A]


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

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

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

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has made a preliminary determination to issue 
EFPs to conduct experimental fishing operations otherwise restricted by 
the regulations governing the fisheries of the Northeastern United 
States. The Maine Department of Marine Resources (MEDMR) submitted an 
application for the issuance of EFPs to conduct experimental fishing 
with a maximum of 30 commercial fishing vessels, which warrants further 
consideration. The EFPs would allow commercial vessels to fish for, 
retain, and land silver hake (whiting) with mesh smaller than currently 
allowed in a portion of the Gulf of Maine/Georges Bank Regulated Mesh 
Area. These experiments would continue investigations designed to 
demonstrate the effectiveness of a bycatch reduction device (separator 
grate) assembled on small mesh silver hake (whiting) trawls with a 
raised footrope configuration. Although the number of trips would be 
capped at 40 1-day trips per vessel, it is anticipated that 
participation would be dictated by two interrelated factors: market 
value of whiting at the dock and the availability of the whiting at 
sea. Approximately 34 vessels were authorized to participate in last 
year's experiment from July 1-November 31, 1999, although enrollment 
periods fluctuated due to the factors identified above. Regulations 
under the Magnuson-Stevens Fishery Conservation and Management Act 
provisions require publication of this notification to provide 
interested parties the opportunity to comment on the proposed 
experimental fisheries.

DATES: Comments on this notice must be received by July 21, 2000.

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 Proposed EFP Proposal.'' Comments may also be sent via 
facisimile (fax) to (978) 281-9135. Comments will not be accepted if 
submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Bonnie Van Pelt, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: The MEDMR submitted an application to 
continue the experimental whiting separator trawl fishery (Separator 
Trawl Fishery) in the Small Mesh Northern Shrimp Area, a portion of the 
Gulf of Maine/Georges Bank Regulated Mesh Area. This will provide an 
additional opportunity to collect information on the effectiveness of 
the separator grate in combination with the raised footrope trawl 
configuration (with roller frames), in an effort to show that the 
separator trawl fishery results in a low bycatch fishery. Although this 
would be the sixth consecutive year of the experiment, data from 
previous years are sparse and inclusive, owing in part to three 
factors: low abundances of whiting in the experimental fishery area, 
declining market value of whiting, and patchy vessel participation. 
While monthly percent average bycatch of regulated multispecies was 
reported at less than 5 percent for sea sampling trips conducted during 
the 1999 experiment, there were only 11 sea sampling trips taken over 
the course of the entire season (July though November), with the 
majority (6 trips) monitoring the at-sea bait transfer fishing 
activity. As a result, there were insufficient data from the 1999 
experimental fishery to demonstrate that the 5 percent bycatch criteria 
for establishing exempted fishing status could be met for the entire 
fishery (food and bait fishery components).
    A separate component of last year's experiment was to conduct a 
series of gear trials with a raised footrope trawl configuration that 
has proved successful in reducing bycatch of flatfish species in small 
mesh experimental whiting fisheries in Cape Cod Bay, Massachusetts. 
While there were only twenty tows total conducted during last year's 
supplemental gear trials, these demonstrated that the raised footrope 
trawl could be successfully transferred to nets with roller frames 
(typically a chain sweep is used), and yielded promising results in 
demersal finfish bycatch reduction. Furthermore, increased cod end mesh 
size and grate bar spacing combinations tested by participating vessels 
in the Separator Trawl Fishery showed a considerable decrease in 
bycatch of small fish, while the addition of the raised footrope trawl 
showed an additional decrease in bycatch of small flatfish, whiting and 
red hake. Therefore, in order to gather sufficient data on the 
separator grate's ability (with and without the raised footrope trawl) 
to reduce bycatch of regulated species consistent with the requirement 
of an exempted fishery, as well as to determine whether the fishery as 
a whole can reach its economic potential, a continuation of the 
experiment is necessary.
    Participants in the Separator Trawl Fishery will be required to 
elect either a food fishery or bait fishery component designation. 
However, the MEDMR has stated that the primary focus of this year's 
fishery will be on the bait fishery, specifically to provide bait for 
the tuna fishery. As in years past, participants may designate only one 
fishery component at a time for a minimum enrollment of 7 days. In 
order to ensure that the conservation priorities for whiting are 
continually met, the MEDMR has proposed that program participants be 
limited to landing up to 2,500 lb (1,134 kg) of whiting per trip and be 
allowed a maximum of 40 1-day trips per vessel. As an additional 
control measure, the MEDMR has proposed that participation be capped at 
30 vessels. Participants will be required to submit timely catch and 
bycatch information in the form of specialized logbooks provided by 
MEDMR and through the completion of the NMFS' vessel trip reports 
required of all commercial fishers. NMFS will continue to look at

[[Page 41623]]

logbook compliance issues--consistency in reporting and/or completeness 
of reports, when considering eligibility for enrollment into the 
program or continued participation once enrolled.
    The MEDMR proposes to continue testing cod end/grate spacing 
combinations to reduce the bycatch of demersal finfish species, whiting 
and red hake as follows: cod end mesh sizes of 2 inch knotless square 
and 2-1/4 inch diamond mesh, and grate bar spacing of 40 mm and 50 mm. 
In addition, based on the promising findings from previous gear work, 
all participating vessels will be required to have a raised footrope 
trawl with 36 inch (0.91 m) dropper chains. The objective of this 
year's experiment is to reveal the optimal cod end/grate spacing, 
dropper chain length and ground gear configurations that would be the 
most effective in reducing bycatch and more selective in catching the 
appropriate sized whiting in accordance with whiting resource 
management strategies. The MEDMR also indicates they plan to use the 
information gained through the experimental gear work to formulate a 
request for a framework action in hopes of expanding future whiting 
fishing opportunities in the Gulf of Maine with small mesh.
    The MEDMR intends to provide sea sampling coverage to monitor 
fishing activity and gear performance throughout the course of the 
experiment, at an estimated frequency of two trips per week. Because of 
the importance of sufficient sea sampling, the Regional Administrator 
is considering whether her approval of the fishery should be 
conditional, with possible withdrawal of approval if the actual level 
of coverage does not meet the specified level. Periodic reports on the 
fishery will be required to ensure that the MEDMR continues to meet the 
required level of observer coverage. The Regional Administrator seeks 
comment on this issue.
    EFPs would be issued to the participating vessels in accordance 
with the conditions stated therein, and will exempt vessels from the 
mesh size, days-at-sea, and other gear restrictions of the Northeast 
Multispecies Fishery Management Plan.

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

    Dated: June 29, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-17112 Filed 7-5-00; 8:45 am]
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