[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Proposed Rules]
[Pages 20943-20944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 041802D]


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 has made a preliminary determination that an application 
to issue an EFP to one vessel submitted by the Mount Desert Oceanarium 
of Southwest Harbor, ME 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 warrants further consideration.
    The exemption would allow one fishing vessel to fish for, retain 
and land small numbers of regulated multispecies, monkfish, spiny 
dogfish, and several unmanaged species for the purpose of public 
display. NMFS has made a preliminary determination that the activities 
authorized under this EFP would be consistent with the goals and 
objectives of the Fishery Management Plans (FMPs) for these species. 
However, further review and consultation may be necessary before a 
final determination is made to issue an EFP. Therefore, NMFS announces 
that it intends to issue an EFP that would allow one vessel to conduct 
fishing operations otherwise restricted by the regulations governing 
fisheries of the northeastern United States.
    Regulations under the Magnuson-Stevens Act require publication of 
this notification to provide interested parties the opportunity to 
comment on applications for proposed EFPs (see 50 CFR 600.745).

DATES: Comments on this notification must be received at the 
appropriate

[[Page 20944]]

address or fax number (see ADDRESSES) on or before May 14, 2002.

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 
Exempted Fishing Permit Application.''

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
978-281-9104.

SUPPLEMENTARY INFORMATION: The Mount Desert Oceanarium of Southwest 
Harbor, ME submitted an application for an EFP on March 11, 2002 to 
collect several species of fish for public display. The target species 
would include winter flounder (blackbacks), witch flounder (dabs), 
yellowtail flounder, American plaice (grey sole), Atlantic halibut, 
monkfish, eel pouts, sculpins, sea ravens, Atlantic cod, wolfish, spiny 
dogfish, little skate, barndoor skate, and various species of the Phyla 
Arthropoda (not including lobsters) and several species of 
Echinodermata.
    A single chartered vessel would use a shrimp trawl with 2-inch 
(5.08-cm) mesh to collect marine fish over a 3-day period from May 7, 
2002, through May 27, 2002. The specimens would be cared for in chilled 
and aerated seawater while on board the fishing vessel and would be 
transferred live to tanks the day they are caught. They would then be 
brought to shore, maintained in tanks for public display for a period 
of time not to exceed 5 months and returned to the sea in October 2002.
    Collection would be made using a 2-inch (5.08-cm) mesh shrimp net 
within the Small Mesh Northern Shrimp Fishery Exemption Area (Area) off 
Maine. Since the shrimp fishery would be closed at the time of 
collection, an exemption from the Northeast multispecies minimum mesh 
regulation of 6-inch (15.24-cm) diamond/6.5-inch (16.51-cm) square mesh 
at 50 CFR 648.80(a)(2) for vessels operating in the Area would be 
required. If the target species cannot be located in the Area, an 
exemption from the Northeast multispecies minimum mesh regulation of 6-
inch (15.24-cm) diamond/6.5-inch (16.51-cm) square mesh at 50 CFR 
648.80(a)(2) would be required to allow collection farther east and 
southeast in portions of the Gulf of Maine/Georges Bank Regulated Mesh 
Area.
    In addition, the applicant has requested exemptions from monkfish 
and multispecies days-at-sea requirements at 50 CFR 648.92 and 648.82. 
The target species would include winter flounder (blackbacks), witch 
flounder (dabs), yellowtail flounder, American plaice (grey sole), 
Atlantic halibut, monkfish, eel pouts, sculpins, sea ravens, Atlantic 
cod, wolfish, spiny dogfish, little skate, barndoor skate, and several 
species of the Phyla Arthropoda (excluding lobsters) and Echinodermata.
    The applicant would retain a maximum of six fish per species, 
juveniles and adults combined. The applicant has requested exemption 
from minimum fish sizes and possession limits at 50 CFR 648.83, 648.86, 
648.89, 648.93, 648.94 (multispecies and monkfish fisheries), 648.103, 
648.105 (summer flounder fishery), 648.124, 648.125 (scup fishery), and 
648.143, 648.145 (black sea bass fishery).
    Any fishing activity conducted outside the scope of the exempted 
fishing activity would be prohibited.
    Based on the results of this EFP, this action may lead to future 
rulemaking.

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

    Dated: April 23, 2002.
Bruce C. Morehead,
Acting director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-10489 Filed 4-26-02; 8:45 am]
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