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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: December 24, 2003 (Volume 68, Number 247)]
[Proposed Rules]
[Page 74542-74544]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de03-35]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[I.D. 121603A]
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 Assistant Regional Administrator for
Sustainable Fisheries, Northeast Region, NOAA Fisheries (Assistant
Regional Administrator), has determined that an application for EFPs
contains all of the required information and warrants further
consideration. The Assistant
[[Page 74543]]
Regional Administrator is considering the impacts of the activities to
be authorized under the EFPs with respect to the Northeast (NE)
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 Assistant Regional
Administrator proposes to issue EFPs in response to an application
submitted by the Cape Cod Commercial Hook Fisherman's Association
(CCCHFA), in collaboration with Massachusetts Division of Marine
Fisheries (DMF), and Research, Environmental and Management Support
(REMSA). These EFPs would allow up to 17 vessels to fish for haddock
using longline gear or jig gear in NE multispecies year-round Georges
Bank (GB) Closed Area I (CA I) during the months of January, February,
and May through September 2004. The purpose of this study is to
evaluate the best spatial and temporal location for a directed haddock
hook-gear fishery in GB CA I, while having minimal impact to GB cod.
This information could then be used by the New England Fishery
Management Council and NMFS to determine the feasibility of
establishing a Special Access Program for traditional haddock hook-and-
line fishery in CA I.
DATES: Comments on this action must be received at the appropriate
address or fax number (see ADDRESSES) on or before January 8, 2004.
ADDRESSES: 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
Haddock EFP Proposal.'' Comments may also be sent via fax to (978) 281-
9135. Comments will not be accepted if submitted via e-mail or the
Internet.
Copies of the Environmental Assessment (EA) are available from the
NE Regional Office at the same address.
FOR FURTHER INFORMATION CONTACT: Heather Sagar, Fishery Management
Specialist, phone: 978-281-9341, fax: 978-281-9135, e-mail:
heather.sagar@noaa.gov
SUPPLEMENTARY INFORMATION:
Background
Three year-round closed areas were established in 1994 under
Amendment 5 to the FMP to provide protection to concentrations of
regulated NE multispecies, particularly cod, haddock, and yellowtail
flounder. These closure areas, CA I, CA II, and the Nantucket Lightship
Closure Area, have proven to be effective in improving the stock status
of several species, including GB haddock.
In their EFP application, the applicants state that cod are less
available than haddock in certain portions of CA I, and propose to
support this observation with scientific data, potentially enabling the
GB haddock resource to be utilized without impacting the management
program that protects GB cod. This request builds upon data collected
by the same applicant under an approved EFP that began October 1, 2003,
which will continue through December 31, 2003. Preliminary results from
the initial study demonstrate the viability of utilizing hook-and-line
gear to reduce bycatch of cod in a portion of CA I.
Proposed EFP
The proposed study would occur in a specified area within the
northern portion of CA I (north of loran-C line 13660). The experiment
would occur during the months of January, February, and May through
September 2004, during which 20 1-day trips would occur monthly, for a
total of 140 1-day trips for the study. Fishing would be prohibited
during the months of March and April to protect spawning haddock in
this area. Vessels would not be exempt from days-at-sea. Participating
vessels would be prohibited from fishing in areas outside of CA I
during an experimental fishing trip. This study would follow normal
fishing practices. A total allowable catch (TAC) of 16 mt for GB cod
and 285 mt for GB haddock (divided into seasonal TACs specified below)
would be established for the experimental fishery. The experimental
fishery would be closed down if either the total TAC or the seasonal
TAC is exceeded. This study would be divided into three seasonal
periods, with individual hard TACs established for each season as
follows:
------------------------------------------------------------------------
MONTH DAYS HADDOCK COD
------------------------------------------------------------------------
Seasonal Period I
------------------------------
January 20 81 mt (179,468 4.6 mt (10,076
February 20 lb) lb)
------------------------------------------------------------------------
March 0 0 0
April 0 0 0
------------------------------------------------------------------------
Seasonal Period II
------------------------------
May 20 102 mt (224,355 5.7 mt (12,595
June 20 lb) lb)
July 10
------------------------------------------------------------------------
Seasonal Period III
------------------------------
July 10 102 mt (224,335 5.7 mt (12,595
August 20 lb) lb)
September 20
------------------------------------------------------------------------
All fish landed would be subject to the minimum fish size. Although
the applicant would be exempt from the haddock trip limits, they would
not be exempt from the cod trip limit requirements.
REMSA scientific staff would be present on board each participating
vessel, equating to 100-percent scientific data collector coverage for
this experimental fishery. The EFPs would contain a provision that the
Regional Administrator has the authority to discontinue the proposed
experimental fishery on at any time, e.g., the Regional Administrator
would terminate the EFP should the individual season TACs, or the
overall TACs of 16 mt for GB cod
[[Page 74544]]
and 285 mt for GB haddock, be exceeded.
A draft EA has been prepared that analyzes the impacts of the
proposed experimental fishery on the human environment. This draft EA
concludes that the activities proposed to be conducted under the
requested EFPs are consistent with the goals and objectives of the FMP,
would not be detrimental to the well-being of any stocks of fish
harvested, and would have no significant environmental impacts. The
draft EA also concludes that the proposed experimental fishery would
not be detrimental to Essential Fish Habitat, marine mammals, or
protected species.
EFPs would be issued to up to 17 vessels exempting them from the CA
I, the haddock trip limit, and the 3,600-hook-limit restrictions of the
FMP.
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: December 17, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-31612 Filed 12-23-03; 8:45 am]
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