Fishery conservation and management: Stevens Act provisions— Domestic fisheries; exempted fishing permits,

[Federal Register: August 4, 1999 (Volume 64, Number 149)]

[Proposed Rules]

[Page 42335-42336]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04au99-30]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 072199C]

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.

SUMMARY: NMFS announces that the Regional Administrator, Northeast Region, NMFS (Regional Administrator), is considering approval of EFPs for two vessels to conduct exempted experimental fishing activities otherwise restricted by regulations governing the Fisheries of the Northeastern United States. These EFPs to conduct experimental fishing would involve the possession and retention of Atlantic sea scallops (Placopecten magellanicus), including the possible capture and release of regulated multispecies and other bycatch (monkfish, skates, invertebrates, and elasmobranchs), in the Mid-Atlantic Regulated Mesh Area; specifically, within the Hudson Canyon South Sea Scallop Closure Area and the Virginia Beach Sea Scallop Closure Area. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act provisions require publication in the Federal Register to provide interested parties the opportunity to comment on the proposed EFPs.

DATES: Comments on this document must be received by August 19, 1999. ADDRESSES: Comments should be sent to the Regional Administrator, NMFS,

[[Page 42336]]

Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope ``Comments on Proposed Experimental Fisheries.''

Copies of the Environmental Assessment for these activities are available from the Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Bonnie VanPelt, Fishery Management Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: The Virginia Institute of Marine Science (VIMS) has submitted a proposal to target and assess Atlantic sea scallop resources (density and length frequency distribution), commercial sea scallop dredge performance, and harvest efficiencies within the Mid-Atlantic Sea Scallop Closure Areas (Hudson Canyon and Virginia Beach). This systematic survey would coordinate closely with NMFS' Northeast Fisheries Science Center's scallop dredge survey to evaluate differences in scallop research dredge performance relative to commercial dredge operation by conducting simultaneous tows and/or same-station comparative tows. The study also proposes to investigate the impacts of scallop dredge activity on bottom habitat and to quantify and compare the bio-fouling of scallops in both closed and open areas. In addition, the habitat assessment portion of the study would look at transitional changes in habitat components from within, on the boundary, and outside the closed areas. In this portion of the study VIMS would closely collaborate with a Rutgers University habitat assessment study being conducted in the Hudson Canyon South Closure Area to avoid station overlap and ensure data integrity.

On a tow-by-tow basis, scientific staff and designated crew members would enumerate bycatch and estimate quantities of non-bycatch debris (mollusk shells), and would report on their general physical condition. The overall objective of the study is to assess the increased availability of commercial sea scallop biomass resulting from the area closures that commenced 16 months ago. A similar study in Georges Bank Closed Area II was not performed until 4 years after the closure. It is thought that more knowledge could be gained from a post-dredge survey conducted closer to the cessation of mobile gear activity.

The survey would be conducted during the period mid-August through September 1999 and would employ the use of two 15-ft (4.6-m) commercial sea scallop dredges at 400 pre-designated stations. Sampling densities of approximately one station per 7.5 nm‹SUP›2‹/SUP› in the Hudson Canyon South Closure Area and one station of 5.0 nm‹SUP›2 ‹/SUP›density in the Virginia Beach Closure Area are proposed. Sampling frequency would be increased to 5.0 nm‹SUP›2‹/SUP› on or near the edges of closed area boundaries. Set-tow times of 10 minutes at 4.5 knots‹SUP› ‹/SUP›would calibrate area gear coverage (width of gear x length of dredge path). The dredge gear used would comply with all mesh size and gear configuration provisions of Amendment 4 to the Atlantic Sea Scallop Fishery Management Plan. Therefore, no special twine-top configurations or rock chains would be used.

No other species other than Atlantic sea scallops would be retained or landed, except for unusual specimens of interest to scientists and only at the discretion of the chief scientist in charge of at-sea cruise operations. Participants would be limited to retaining and landing no more than 14,000 lb (6,350 kg) (1,000 lb (454 kg) per day) of Atlantic sea scallops, and would be required to fish under an Atlantic Sea Scallop day-at-sea (DAS) when fishing under the EFP. Based on this landing limit, participants would be required to commit a maximum of 14 sea scallop DAS to the study.

Each vessel's crew would be instructed that low value sea scallops may not be discarded in favor of retaining high value sea scallops (high grading). VIMS' chief scientist would be charged with monitoring all stages of the proposed cruise operations in support of the study objectives and would ensure maximum integrity of data collection and organization of deck operations. EFPs would be issued to participating vessels to exempt them from the Mid-Atlantic Closed Areas.

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

Dated: July 29, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-20030Filed8-3-99; 8:45 am]

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