Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Proposed Rules 24093

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[I.D. 050101C]

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

EFPs to conduct experimental fishing;

request for comments.

SUMMARY: NMFS announces that the

Administrator, Northeast Region, NMFS

(Regional Administrator), has received a

proposal to conduct experimental

fishing and has made a preliminary

determination that the subject EFP

application contains all the required

information and warrants further

consideration. The 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 Multispecies

Fishery Management Plan (FMP).

However, further review and

consultation may be necessary before a

final determination is made to issue

EFPs. Therefore, NMFS announces that

the Regional Administrator proposes to

issue EFPs that would allow up to four

federally permitted vessels in the

limited access multispecies fishery to

conduct fishing operations otherwise

restricted by the regulations governing

the fisheries of the Northeastern United

States. The vessels would collect catch

data to support the development of new

trawl mesh selectivity curves for the

Southern New England (SNE) yellowtail

flounder fishery. 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 on this action must be

received on or before May 29, 2001.

ADDRESSES: Written comments should

be sent to Patricia A. Kurkul, Regional

Administrator, NMFS, Northeast

Regional Office, One Blackburn Drive,

Gloucester, MA 01930. Mark the outside

of the envelope ‘‘Comments on Rhode

Island EFP Proposal.’’ Comments may

also be sent via facsimile (fax) to (978)

281–9135.

FOR FURTHER INFORMATION CONTACT:

David M. Gouveia, Fishery Policy

Analyst, (978) 281–9280, e-mail

david.gouveia@noaa.gov.

SUPPLEMENTARY INFORMATION: The

Rhode Island Department of

Environmental Management, Division of

Fish and Wildlife (applicant) submitted

an application for EFPs on April 10,

2001. The EFPs will facilitate the

collection of catch data that will support

the development of trawl mesh

selectivity curves for the SNE yellowtail

flounder fishery. The applicant intends

to provide the trawl mesh selectivity

curves to fisheries managers as a tool for

managers to match the minimum legal

yellowtail flounder size with the size of

yellowtail flounder retained by the

appropriate mesh size.

The New England Fishery

Management Council (Council) is

currently developing Amendment 13 to

the FMP (Amendment 13), which will

include a rebuilding program associated

with the overfishing definitions

implemented under Amendment 9 to

the FMP. As part of its November 2000

report, the Multispecies Monitoring

Committee (MMC) provided

management advice for the revised

overfishing definitions, which serves as

a guide for the development of

rebuilding programs associated with the

overfishing definitions. The MMC report

concluded that SNE yellowtail flounder

is at a low stock abundance and that

fishing mortality should be as close to

zero as practicable over the foreseeable

future.

During the course of the development

of Amendment 13, the Council has

assembled a wide range of management

alternatives in response to the SNE

yellowtail flounder recommendations

provided by the MMC. The management

alternatives include: Trip limits;

increases to the minimum fish and/or

mesh sizes; area closures; and day-at-sea

(DAS) reductions. Of the alternatives

currently being considered to achieve

the necessary reductions, the applicant

states that the alternative for increasing

minimum fish and/or mesh sizes may be

more acceptable to the fishing

community than widespread area

closures. Implementation of large

closures would likely have a severe

impact on the SNE commercial fishing

community, and the applicant is seeking

additional information that may support

the minimum fish and/or mesh size

alternative.

The applicant acknowledges the

studies used in the development of the

current minimum fish and mesh size

restrictions for the yellowtail flounder

fishery, but notes that more recent

studies conducted within Massachusetts

and Rhode Island state waters show

different results than did the earlier

studies.

The applicant proposes to examine

the differences between the mesh

selectivity of 6-inch (15.24-cm) diamond

and 6.5-inch (16.51-cm) square mesh to

6.5-inch (16.51-cm) diamond and 7-inch

(17.78-cm) square mesh. To accomplish

this task, an alternate tow design will be

utilized for a comparison of mesh

selectivity. Each net configuration will

be tested with and without a 3-inch

(7.62-cm) liner. The applicants will

charter up to four federally permitted

vessels in the limited access

multispecies fishery. Participating

vessels will take four half-day trips

(totaling 16 trips). All trips will be

completed during daylight hours and

must include at least two scientific

personnel. Each trip will complete six

tows (three with a liner and three

without). Tows will last approximately

90 minutes each.

Participating vessels would be fishing

under the multispecies DAS program,

and thus would be authorized to retain

and sell all legal-sized groundfish and

bycatch species up to the regulatory

amounts for each species. The proceeds

generated from the sale of the fish

would help defray the cost associated

with the research. The research would

be conducted in areas open to

commercial fishing within statistical

areas 537 and 539 from the date of the

issuance of the EFPs through July 31,

2001.

The applicant will select participating

vessels based on their owners’ or

operators’ knowledge of the trawl

fishery for yellowtail flounder,

familiarity with local fishing

methodology, familiarity with the

survey area, and possession of trawl

gear (except netting). The applicant will

provide the proper mesh configuration.

Vessels would be required to comply

with all conditions of the EFP, as well

as all applicable regulations specified

under 50 CFR part 648, including the

multispecies DAS program and all

applicable trip and possession limits for

all species caught.

For the purposes of comparing the

catch from each mesh configuration, the

EFP would also exempt the vessels from

the multispecies minimum mesh size

restrictions specified under 50 CFR

648.80(b)(2)(i), and allow participating

vessels limited use of a 3-inch (7.62-cm)

trawl mesh liner. In order to obtain data

24094 Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Proposed Rules

on yellowtail flounder catch

distribution, the participating vessels

may be required to temporarily retain

species that are less than the minimum

fish size specified at 50 CFR

648.83(a)(1). No species less than the

legal minimum fish size may be landed

or sold.

Participating vessels would be

required to fish in accordance with a

sampling plan designed by the

applicant, maintain logbooks

documenting fishing activities, carry onboard observers trained in fish

taxonomy, and allow biological

information to be collected from the

catches.

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

Dated: May 7, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11944 Filed 5–10–01; 8:45 am]

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