[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Notices]               
[Page 9597-9598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-50]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022504A]

 
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 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 Maine Department of Marine 
Resources (Maine DMR). These EFPs 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. The EFPs would allow for exemptions from 
the FMP as follows: Six federally permitted vessels would be allowed 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); these vessels would be allowed 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; and these vessels would 
be granted access to GOM Rolling Closure Area IV (June 1-June 30).
    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 March 
16, 2004.

ADDRESSES: Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is DA367@noaa.gov. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on Maine Halibut EFP Proposal.'' 
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.
    Copies of the Draft 2004 Amended Environmental Assessment (EA) 
Prepared for the 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: Maine DMR submitted an application on 
December 19, 2003, to conduct an experimental Atlantic halibut fishery 
using up to six commercial longline and tub trawl vessels in a portion 
of the GOM RMA. The proposed experiment is a continuation of 
experimental fisheries conducted by Maine DMR in 2000, 2001, 2002, and 
2003 the fifth in a series of at least five anticipated studies aimed 
at collecting biological information to be used in the long-term 
management of this species. As with the prior studies, this year's 
application proposes to collect data on the distribution, relative 
abundance, migration, stock definition, mortality rates, stock size, 
yield, and other significant biological reference points for Atlantic 
halibut.
    The proposed 2004 experimental fishery would take place from May 1 
to June 30, 2004, or 60 days concurrent from the start date, in a 
portion of the GOM RMA defined as follows:

----------------------------------------------------------------------------------------------------------------
                      Area point                                N. Latitude                  W. Latitude
----------------------------------------------------------------------------------------------------------------
HAL 1.................................................     Mainland Maine Coastline        6900''
HAL 2.................................................      4312.3''        6900''
HAL 3.................................................      4358.3''      6721.5''
HAL 4\1\..............................................     Mainland Maine Coastline     Mainland Maine Coastline
                                                           and U.S./Canada Maritime     and U.S./Canada Maritime
                                                                           Boundary                     Boundary
----------------------------------------------------------------------------------------------------------------
\1\Between points HAL 3 and HAL 4, the area follows the U.S./Canada maritime boundary.

    Participating vessels would be authorized to use only traditional 
longline or tub trawl gear during the experiment. These vessels would 
be limited to a maximum of 700 hooks per boat, and would be restricted 
to using only circle hooks no smaller than 14[bdsol]0 in size.
    Each of the six vessels would be limited to a total allowable catch 
(TAC) of 50 halibut, with no possession or landing limit prior to 
reaching this

[[Page 9598]]

amount. Once the 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 same number 
authorized to be harvested in the 2003 experimental fishery.
    The EA prepared for the 2002 halibut experimental fishery and the 
2003 Supplement to the 2002 EA, prepared for the 2003 halibut 
experimental fishery, concluded that the activities conducted under the 
2002 and 2003 EFPs were consistent with the goals and objectives of the 
FMP and would have no negative environmental impacts including impacts 
to Essential Fish Habitat, marine mammals, and protected species. A 
Draft 2004 Amended Environmental Assessment (EA) Prepared for the 
Experimental Halibut Fishery in Groundfish Closed Areas in the Eastern 
Gulf of Maine has been prepared that analyzes the impacts of the 
proposed 2004 experimental fishery on the human environment. The draft 
Amended EA determines that the proposed experimental fishery to collect 
biological and ecological information on Atlantic halibut will not 
significantly affect the quality of the human environment.

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

Peter H. Fricke,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-4517 Filed 2-27-04; 8:45 am]

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