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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: July 9, 2003 (Volume 68, Number 131)]
[Proposed Rules]
[Page 40892-40894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-48]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[I.D. 062703B]

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 for up to 100 commercial lobster vessels,
submitted by the Maine Department of Marine Resources (MEDMR), 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 American lobster (lobster) fishery under the Atlantic
Coastal Fisheries Cooperative Management Act (ACFCMA) and is

[[Page 40893]]

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 100 EFPs. Therefore, NMFS announces that the Regional
Administrator has made a preliminary decision to issue EFPs that would
allow up to 100 current federally permitted lobster and/or Maine state
lobster/crab license-holders to conduct fishing operations otherwise
restricted by the regulations governing the lobster fishery.
    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 on or before
July 24, 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 MEDMR Jonah crab 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 Amendment to the Environmental Assessment
(EA) prepared for the 2003/2004 Experimental Jonah Crab Fishery in
Exclusive Economic Zone (EEZ) Nearshore Lobster Management Area 1, as
well as the May 2002 environmental assessment that it amends are
available from the Northeast Regional Office at the same address.

FOR FURTHER INFORMATION CONTACT:  Bonnie Van Pelt, Fishery Policy
Analyst, 978-281-9244.

SUPPLEMENTARY INFORMATION: NMFS announces that the Regional
Administrator intends to issue EFPs to allow up to 100 commercial
lobster vessels to use up to 200 modified lobster traps per vessel to
target Jonah crabs (Cancer borealis) within the EEZ portion of
Nearshore Lobster Management Area 1 (NLMA1). The EFPs would facilitate
the collection of data on modified lobster trap designs (side-entry and
top-entry) to establish acceptable lobster bycatch thresholds and allow
for the development of an exempted, species-specific Jonah crab trap.
Specifically, the EFPs would allow these vessels to fish 200 traps
above their 800-trap allocation and exempt them from the lobster
fishery regulations at 50 CFR part 697: (1) Permit, tagging, and trap
limit requirements under Sec.  697.4(a) and (d), and Sec.  697.19(a)(2)
and (c); (2) temporary possession of lobster less than the minimum
carapace size specified at Sec.  697.20(b)(1) and (2) for data
collection purposes; (3) trap tag identification requirements at Sec.
697.21(a)(2); and (4) deployment and gear configuration requirements at
Sec.  697.21(b)(2).
    The MEDMR submitted a request for a renewal of the 2002/2003 Jonah
crab experiment on March 10, 2003. Additional information and data
required to supplement the application was received on June 10, 2003.
The original application anticipated the need for 2 additional years
beyond the first year in order to gauge the effectiveness of the gear
modifications and collect the data necessary to support a potential
permanent exemption to the lobster gear regulations. Along with the
bycatch reduction objective, complementary goals of the EFP would be
to: (1) contribute to the development of year-round Jonah crab markets;
(2) provide additional economic opportunities for lobster and crab
fishermen who are currently being held to a maximum trap limit; and (3)
provide important biological and demographic data on the Jonah crab
resource, thus contributing to baseline information on the Jonah crab
life cycle and population structure.
    The proposed experimental fishery would take place from September
15, 2003, to September 15, 2004, in the EEZ portion of NLMA1 described
at 50 CFR 697.18(a)(1). The proposed EFP would require that the
experimental gear employ escape vents that are larger (and in greater
numbers) than standard lobster traps. The side- and top-entry trap
dimensions would be the same as that which was authorized for the
initial EFP.
    Comparing the top-entry, side-entry, and standard lobster trap
designs, the MEDMR logbook data thus far suggest that a modified side-
entry trap may be the best design for targeting Jonah crabs with
negligible lobster bycatch (and other regulated species), indicating
that the proposed experimental traps are extremely selective for the
targeted species. There were 88 sublegal and 17 legal lobster caught in
3,360 side-entry trap hauls (3,900 total experimental trap hauls thus
far). All lobster bycatch was returned to the sea alive. The catch of
Jonah crabs under the EFP was small when contrasted with Maine landings
in the crab fishery as a whole (approximately 36,000 lb (7257 kg) of
Jonah crabs caught under the EFP with 9.5 million lb (4309 mt) caught
overall--0.4 percent of the total landings).
    All lobsters caught incidentally to the catch of Jonah crabs, as
well as all crabs smaller than the MEDMR minimum size of 5 inch (127
mm) carapace width, and all other bycatch, would continue to be
returned to the sea promptly after data collection. The MEDMR remains
committed to providing the same level of observer coverage as in the
previous year's experiment (2 trips per month). Observer data would
continue to complement the information collected by participants
through the MEDMR-supplied logbooks, along with detailed fisheries
information (e.g., bycatch information, molt condition, etc.).
    The August 13, 2002, Biological Opinion on the Jonah crab EFP
analyzed impacts on protected resources over the anticipated time frame
of the experiment (1 year initially and renewal for 2 additional
years). The Reasonable and Prudent Alternative (RPA) that was developed
for this fishery as a result of the consultation (neutrally buoyant
line on all experimental traps during the June-October time frame)
would remain in effect during the 2003/2004 EFP. As was the case
previously, EFP participants would be required to comply with the
Atlantic Large Whale Take Reduction Plan requirements in effect at the
time of the experiment. The 2002/2003 EFP had the potential to deploy
2,000 additional vertical lines, assuming an additional 20,000 traps
(200 traps x 100 participants) with a 10-trap minimum per vertical
line. In 2002-2003, actual participation levels were 15 percent of the
authorized maximum and the number of traps set per fisher ranged from
20-100 experimental traps. No interactions with protected species or
marine mammals were reported during the 2002/2003 EFP. The proposed EFP
would not represent a change or redistribution of effort, therefore
further consultation is not necessary.
    The EA prepared for the 2002 Jonah crab EFP concluded that the
activities conducted under the 2002/2003 EFP were consistent with the
goals and objectives of the lobster fishery under the ACFCMA and would
have no negative environmental impacts including impacts to essential
fish habitat, marine mammals, and protected species. The draft 2003
Amendment to the 2002 EA makes a preliminary determination that the
proposed experimental fishery, including cumulative effects, would not
significantly affect the quality of the human environment.
    Based on the results of the EFPs, this action may lead to future
rulemaking.

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

[[Page 40894]]

    Dated: July 3, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-17380 Filed 7-8-03; 8:45 am]
BILLING CODE 3510-22-S

 
 

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