[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Proposed Rules]
[Page 7411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3392]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 021004B]


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: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) 
has made a preliminary determination that the subject EFP application 
contains all the required information and warrants further 
consideration. The Assistant Regional Administrator has also made a 
preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of the Northeast (NE) 
Multispecies Fishery Management Plan (FMP). However, further review and 
consultation may be necessary before a final determination is made to 
issue the EFP. Therefore, NMFS announces that the Assistant Regional 
Administrator proposes to recommend that an EFP be issued that would 
allow one commercial fishing vessel to conduct fishing operations that 
are otherwise restricted by the regulations governing the fisheries of 
the Northeastern United States. The EFP would allow for exemptions from 
the FMP as follows: the Gulf of Maine (GOM) Rolling Closure Areas; and 
the minimum fish size requirements, for the temporary retention of 
undersized fish for data collection purposes. All experimental work 
would be monitored by a Research Specialist from the Woods Hole 
Oceanographic Institution (WHOI).
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed EFPs.

DATES: Comments on this document must be received on or before March 3, 
2004.

ADDRESSES: Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is [email protected]. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on MWRA Harbor and Outfall Monitoring 
Project-Flounder Survey.'' Written comments should be sent to Patricia 
A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on MWRA Harbor and Outfall Monitoring Project-Flounder 
Survey.'' Comments may also be sent via facsimile (fax) to (978) 281-
9135.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management 
Specialist, phone 978-281-9220.

SUPPLEMENTARY INFORMATION: On January 26, 2004, NMFS received an 
application for an EFP from the WHOI in support of a Massachusetts 
Water Resources Authority (MWRA) project entitled ``MWRA Harbor and 
Outfall Monitoring Project Phase 4--Flounder Survey.'' Since 1991, 
Michael J. Moore of the WHOI has been contracted by the MWRA to conduct 
an annual survey of winter flounder health in the month of April. In 
2003, a high prevalence of blind-side ulcers were observed in flounders 
from western Massachusetts Bay. Review of these data by the MWRA 
Outfall Monitoring Science Assessment Panel has led to the need to add 
to the sampling stations for 2004. In particular, it was deemed 
necessary to add three stations in Federal waters that are upstream 
from the Boston Outfall. These stations would be located in 30-minute 
square block numbers 123 and 124.
    The experimental fishing trip would be an estimated 5 days in 
duration, covering a total of nine sampling stations: the three new 
stations in Federal waters, plus six stations in state waters. Sampling 
would consist of collecting 50 winter flounder larger than 12 inches 
(30.5 cm) in total length from each station. Once the target sample is 
reached, the vessel would move onto the next station until nine samples 
of 50 winter flounder have been reached. The researcher requests that 
the chartered research vessel be allowed to land legal-sized fish, 
caught during the execution of this project, for which the vessel is 
currently permitted. The estimated catch for all nine stations would be 
3,600 lb (1,633 kg) of yellowtail flounder; 1,800 lb (816 kg) of cod; 
and 1,350 lb (612 kg) of winter flounder. The vessel would not be 
authorized to receive exemptions from days-at-sea regulations or 
possession limits for this EFP.

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

Peter H. Fricke,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-3392 Filed 2-13-04; 8:45 am]
BILLING CODE 3510-22-S