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Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits (EFPs)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 18, 2003 (Volume 68, Number 75)]
[Proposed Rules]
[Page 19180-19181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap03-22]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[I.D. 040703D]
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.
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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS
(Regional Administrator) has made a preliminary determination that an
application to issue EFPs to six longline and tub trawl vessels,
submitted by the Maine Department of Marine Resources (Maine DMR),
contains all the information required by the regulations governing
exempted experimental fishing under the provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
and, therefore, warrants further consideration. The Regional
Administrator has also made a preliminary determination that the
activities authorized under these EFPs would be consistent with the
goals and objectives of the Northeast Multispecies Fishery Management
Plan (FMP) and is within the scope of earlier analyses of the impacts.
However, further review and consultation may be necessary before a
final determination is made to issue six EFPs. Therefore, NMFS
announces that the Regional Administrator proposes to issue EFPs that
would allow six commercial longline or tub trawl vessels to conduct
fishing operations that are otherwise restricted by the regulations
governing the fisheries of the Northeastern United States.
Regulations under the Magnuson-Stevens Act require publication of
this notification to provide interested parties the opportunity to
comment on applications for proposed EFPs.
DATES: Comments on this notification must be received at the
appropriate address or fax number (see ADDRESSES) on or before May 5,
2003.
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 Maine Halibut EFP Proposal.'' Comments may also be sent
via facsimile to (978) 281-9135. Comments will not be accepted if
submitted via e-mail or the Internet.
Copies of the Draft 2003 Supplement to the Environmental Assessment
(EA) Prepared for the 2002 Experimental Halibut Fishery in Groundfish
Closed Areas in the Eastern Gulf of Maine are available from the
Northeast Regional Office at the same address.
FOR FURTHER INFORMATION CONTACT: Susan Chinn, Fishery Management
Specialist, 978-281-9218.
SUPPLEMENTARY INFORMATION: NMFS announces that the Regional
Administrator intends to issue EFPs to allow six federally permitted
vessels to fish for, land, and possess Atlantic halibut (Hippoglossus
hippoglossus) in excess of the allowable landing and possession limit
specified at 50 CFR 648.86(c) within a portion of the Gulf of Maine
Regulated Mesh Area (GOM RMA). The EFPs would also allow these vessels
to possess temporarily Atlantic halibut less than the minimum size
requirement of 36 inches (91.4 cm) specified at Sec. 648.83(a)(1) for
purposes of collecting scientific information. In addition, the EFPs
would allow vessels access to GOM Rolling Closure Area IV.
Maine DMR submitted a proposal on December 1, 2002, to conduct an
experimental Atlantic halibut fishery in a portion of the GOM RMA. The
industry collaborative experiment involves Maine DMR, with consultation
provided by the NMFS Northeast Fisheries Science Center (Center). The
purpose of the experiment is to continue the collection of data on the
distribution, relative abundance, migration, stock definition,
mortality rates, stock size, yield, and other significant biological
reference points of the Atlantic halibut resource to be used in the
long-term management of the species. In addition, the experiment
proposes to collect information on age and growth, size and sex
composition, and rate and onset of sexual maturity. The proposed
experiment is a continuation of experimental fisheries conducted by
Maine DMR in 2000, 2001, and 2002.
Maine DMR proposed that the study would occur from April 1 through
May 31, 2003, or for 60 consecutive days beginning from the actual
start date, and would take place in a portion of the GOM RMA defined by
the following coordinates:
------------------------------------------------------------------------
Area Point N. Latitude W. Longitude
------------------------------------------------------------------------
HAL 1........................... Mainland Maine 69[deg]
00''
Coastline
HAL 2........................... 43o 12.3'' 69[deg]00''
HAL 3........................... 43[deg]
58.3'' 67[deg]
21.5''
HAL 4*.......................... Mainland Maine Mainland Maine
Coastline and U.S./ Coastline and U.S./
Canada Maritime Canada Maritime
Boundary Boundary
------------------------------------------------------------------------
*Between points HAL 3 and HAL 4, the area follows the U.S./Canada
maritime boundary.
[[Page 19181]]
A maximum of six traditional longline and tub trawl vessels would
be authorized to participate in the experiment at any given time. These
vessels would be limited to a maximum number of 700 hooks per boat, and
would be restricted to using circle hooks no smaller than 14/0 in size.
Each of the six participating vessels would also be limited to a total
allowable catch (TAC) of 50 individual halibut, with no possession or
landing limit prior to reaching this amount. Once this TAC is reached
by an individual vessel, that vessel would be restricted to possessing
and landing no more than four legal-sized halibut per day. The maximum
number of Atlantic halibut that could be harvested as part of this
study would be 500. The maximum harvest for both the 2000 and 2001
experimental fisheries was 1,080 halibut; for the 2002 study, it was
reduced to 234 halibut.
Logbooks supplied by Maine DMR would be used to record information
on length of all halibut caught, whether retained or released, time and
place of all halibut caught, tag number (if applicable), amount of gear
used, and bait type. In addition, species identification and length of
all species caught as bycatch during the course of the study would be
recorded. For all halibut that are retained, participants would be
required to preserve stomachs, gonads, and any other biological samples
(including scale and otolith samples) requested by scientists from
Maine DMR and NMFS for further analyses. All halibut less than 36
inches (91.4 cm) total length would be measured, tagged and released.
Only legal-sized halibut would be retained for commercial sale.
Training in the procedures for collecting this information would be
provided by Maine DMR or Center personnel. In addition, participants
would be required to complete a training program in the tagging and
release of halibut. Vessels may be required to carry onboard observers
as requested by NMFS and Maine DMR. Maine DMR or Center personnel would
train observers in the protocols of the experiment.
The 2002 experimental Atlantic halibut fishery took place with six
vessels participating from April 1 - May 31, 2002, within the same
study area as the proposed 2003 experimental fishery. Over the course
of 60 days, 469 Atlantic halibut were caught, of which 234 were kept
and 235 were tagged and released. Therefore, the experimental fishery
attained the maximum allowable harvest of 234 halibut. Most of the kept
halibut were sold for consumption, but 30 were sold live to the
University of Maine for use as brood stock. Ten tagged fish were
recaptured in 2002: seven from the 2000 experimental fishery, two from
the 2001 season and one from the 2002 season. Otolith and gonad samples
were taken from all fish retained, except for the 30 fish sold live to
the University of Maine.
The 2001 experimental Atlantic halibut fishery took place from
April 12-May 31, 2001, within the same study area. Although six vessels
were permitted to fish in the 2001 experimental fishery, only four
actively participated. Over the course of 50 days, 152 Atlantic halibut
were caught, of which 126 were kept and 26 were tagged and released.
Most of the kept halibut were sold for consumption, but 45 of the 126
kept halibut were sold live to the University of Maine for use as brood
stock. Two of the fish that were caught were recaptured from the 2000
experimental fishery. One of the recaptured fish was re-released, while
the other was sold live to the University of Maine. Otolith and gonad
samples were taken from all fish retained, except for the 45 fish sold
live to the University of Maine.
The 2000 experimental Atlantic halibut fishery took place from
April 15 to June 15, 2000. Three vessels participated in this
experimental fishery capturing 234 halibut, of which 162 were kept.
With an average weight of 47 lb (21 kg) per halibut, the 2000
experimental fishery landed 7,650 lb (3.5 metric tons (mt)) of halibut,
approximately 32 percent of the 11-mt total Atlantic halibut landings
from the GOM/Georges Bank (GB) management unit in 2000. Outside of the
experimental fishery, vessels were (and continue to be) restricted to a
trip limit of one halibut. The 2001 Atlantic halibut experimental
fishery landed approximately 2.5 mt, 22 percent less than the 2000
experimental fishery's halibut landings. The 2002 Atlantic halibut
experimental fishery landed 4.3 mt, or about 20 percent of the total
GOM/GB halibut landings (22 mt) during 2002. Based on the past year's
data, if the 2003 experimental fishery harvests the proposed maximum
allowable take of 500 halibut, the 2003 landings will be approximately
20,276 lb (9.2 mt). In comparison, the halibut landings from the
Canadian Scotian Shelf/Southern Grand Banks management unit totaled
about 1,000 mt in 2001, with a total allowable catch of 1,150 mt for
that unit in 2002.
Given that the Canadian halibut harvest is more than 100 times the
proposed harvest for the 2003 experimental fishery, NMFS believes that
the taking of 500 halibut will not significantly impact the halibut
resource because halibut appear to be a transboundary resource. If the
GOM/GB halibut population is discrete, the impacts of the proposed
increase in total allowable harvest from 234 to 500 in the 2003
experimental fishery on the Atlantic halibut resource are unknown, but
do not appear to exceed the impact of the U.S. trawl bycatch and
Canadian fisheries. NMFS believes the potential negative biological
impacts (which are not fully known) from the increased harvest by the
experimental fishery would be outweighed by the biological benefits
that could be obtained from the study. Furthermore, NMFS would closely
monitor the catch rates of vessels participating in this experimental
fishery. If NMFS determines that catch rates are declining, indicating
a significant impact to the resource, it would have the authority to
terminate the experimental fishery.
The EA prepared for the 2002 experimental fishery concluded that
the activities conducted under the 2002 EFP were consistent with the
goals and objectives of the Northeast Multispecies Fishery Management
Plan and would have no negative environmental impacts including impacts
to Essential Fish Habitat, marine mammals, and protected species. The
draft 2003 Supplement to the 2002 EA makes a preliminary determination
that the proposed experimental fishery to collect biological and
ecological information on Atlantic halibut will not significantly
affect the quality of the human environment.
Based on the results of the EFPs, this action may lead to future
rulemaking.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 14, 2003.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-9636 Filed 4-17-03; 8:45 am]
BILLING CODE 3510-22-S