[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Proposed Rules]
[Pages 69897-69898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29779]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 50 CFR Part 600

[I.D. 110900B]


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 
consider an application for an EFP that would allow up to four vessels 
to conduct fishing operations otherwise restricted by regulations 
governing the fisheries of the Northeastern United States. The Rutgers 
University Haskin Shellfish Research Laboratory has submitted an 
application for an EFP that warrants further consideration. The 
experimental fishery to be conducted under the EFP would investigate 
selectivity of various trawl mesh sizes in the Mid-Atlantic region. The 
research would target small-mesh species (Atlantic mackerel, Loligo 
squid, silver hake (whiting), black sea bass, and scup), with the goal 
of developing fishing gear and/or methods that would significantly 
reduce the discard mortality of scup. This notice is intended to 
provide interested parties the opportunity to comment on the proposed 
experimental fishery.

DATES: Comments must be received by December 6, 2000.

ADDRESSES: Comments should be sent to Patricia Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark on the outside of the envelope ``Comments on 
Proposed Experimental Fishery.''

FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Management 
Specialist, 978-281-9347.

SUPPLEMENTARY INFORMATION:  The regulations that govern exempted 
experimental fishing, at 50 CFR 600.745, allow the Regional 
Administrator to authorize for certain purposes the targeting or 
incidental harvest of managed species that would otherwise be 
prohibited. An EFP to authorize such activity may be issued, provided 
there is adequate opportunity for the public to comment on the EFP 
application, and the conservation goals and objectives of the Fishery 
Management Plan are not compromised.
    The Rutgers University Haskin Shellfish Research Laboratory of Port 
Norris, NJ, submitted to NMFS on October 9, 2000, an application for an 
EFP to conduct gear research in the small-mesh fisheries of the Mid-
Atlantic region; in particular, gear selectivity experiments that 
investigate the retention of scup. The research would target several 
small-mesh species (Atlantic mackerel, Loligo squid, whiting, black sea 
bass, and scup), with the goal of developing fishing gear and/or 
methods that would significantly reduce the discard mortality of sub-
legal and legal-sized scup. Scup are overfished and discard mortality 
has been identified as a problem that needs to be addressed to allow 
the stock to rebuild. The experimental design seeks to increase the 
number of observed tows in the directed scup fishery and to compare the 
catch selectivity of codends with mesh sizes ranging from 1 and 7/8 to 
5.0 inches (47 to 125-mm). A composite codend constructed of 4.5 and 
4.0-inch (113 and 100-mm) codend mesh may also be tested.
    Up to four vessels with the appropriate Federal permits would be 
authorized to target Atlantic mackerel, Loligo squid, whiting, black 
sea bass, scup and to retain other incidental catch species using 
trawls with various codend mesh sizes beginning on or after January 1, 
2001. The experiment would be authorized through December 31, 2001, but 
may be completed as soon as February 28, 2001. Tows would be up to 1 
hour in duration and, when possible, consistent with procedures used 
during the course of normal fishing activities. Researchers would 
identify, count, and measure the target and incidental species retained 
by the trawls; commercial species would be retained and sold. The 
applicants anticipate a total number of 32 trips would be taken within 
the duration of this proposal.
    Participating vessels would have trained observers or researchers 
on board, and make tows in Mid-Atlantic waters east and southeast of 
New Jersey in NMFS statistical areas 613, 615, 616, 622, and 623 
(approximately between 38 deg. 00' N. and 42 deg. 00' N. lat.). 
Landings of species other than scup would be subject to all applicable 
fishery regulations, including all applicable state or Federal limits 
in effect at the time of the research. It is anticipated that 
incidental species will include, but not be limited to, summer 
flounder. Vessels may be allowed to retain and land up to 3,000 lb 
(1,361 kg) of scup per trip in excess of the trip limit in effect at 
the time of the experiment. The increased trip limit would be used to 
obtain more sample tows per trip and to defray costs of the research. 
All landings of scup would be counted towards the period and the annual 
scup quota and the fishery will be closed when the quotas are reached, 
consistent with the provisions of Sec.  648.120. Issuance of the EFPs 
would not authorize landing of scup in excess of established quotas. 
EFPs would be required to exempt vessels from certain management 
measures of the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan, including gear restrictions, mesh-size requirements, 
possession restrictions on undersized species for data collection 
purposes only, and trip limits. Due to the distribution of target 
species, it may be necessary for the experimental vessels to fish in 
gear restricted areas (GRAs). If GRAs are in effect at the time of, and 
in the location of, the experimental fishing,

[[Page 69898]]

exemptions from pertinent GRA regulations would be required. There will 
be an opportunity for public discussion of this proposal at the 
December 12-14, 2000, meeting of the Mid-Atlantic Fishery Management 
Council in Atlantic City, NJ. An agenda and other details of that 
meeting will be published in the Federal Register in advance of the 
meeting.

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

Dated: November 15, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-29779 Filed 11-20-00; 8:45 am]
BILLING CODE: 3510-22-S