[Federal Register Volume 69, Number 68 (Thursday, April 8, 2004)]
[Notices]
[Pages 18550-18551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7982]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040204B]


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), Department of 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 an EFP application submitted 
by the Mount Desert Oceanarium (MDO), Southwest Harbor, ME, contains 
all of the required information and warrants further consideration. The 
EFP would allow one fishing vessel to fish for, retain, and land small 
numbers of regulated fish species and several unmanaged fish and 
invertebrate species for the purpose of public display. The Assistant 
Regional Administrator has made a preliminary determination that the 
activities authorized under these EFPs 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 EFPs.
    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 must be received on or before April 23, 2004.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
MDO Specimen Collection.'' Comments may also be sent via fax to (978) 
281-9135. Comments may also be submitted via e-mail to the following 
address: [email protected]. Include in the subject line of the e-mail 
``Comments on MDO Specimen Collection.''

FOR FURTHER INFORMATION CONTACT: Catherine Tadema-Wielandt, Fishery 
Management Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: The Mount Desert Oceanarium of Southwest 
Harbor, ME, submitted an application for three EFPs on March 10, 2004, 
to collect several species of fish and invertebrates for public 
display. The target species would include American plaice (dab), winter 
flounder (blackback), yellowtail flounder, witch flounder (grey sole), 
Atlantic halibut, monkfish, eel pouts, sculpins, sea raven, Atlantic 
cod, lumpfish, Atlantic wolffish, spiny dogfish, little skate, barndoor 
skate, and various species of the Phyla Arthropoda (excluding lobsters) 
and Echinodermata.
    One chartered fishing vessel would use a shrimp otter trawl with 2-
inch (5.08 cm) mesh to collect marine fish and invertebrates for a 
maximum of 4 days: 2 days during the period May 10, 2004, through May 
19, 2004, and 2 days during the period June 23, 2004, through June 30, 
2004. 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. The fish would be brought to shore, 
maintained in tanks for public display for a period of time not to 
exceed 5 months, and would be returned to the sea in October 2004.
    Collection would be made within the Small Mesh Northern Shrimp 
Fishery Exemption Area (Area) off Maine. Since the shrimp fishery will 
be closed at the time of the proposed collection, and this area lies 
within the Gulf of Maine Regulated Mesh Area, an exemption from the 
Northeast (NE) multispecies minimum mesh requirements of 6-inch

[[Page 18551]]

(15.24 cm) diamond/6.5-inch (16.51 cm) square mesh at 50 CFR 
648.80(a)(3) would be required.
    The applicant would retain a maximum of six individuals per 
species, juveniles and adults combined, with the exception of Atlantic 
halibut. The applicant would only be permitted to retain a total of one 
Atlantic halibut with a minimum length of 36 inches (91.44 cm). The 
applicant has requested the following exemptions from the NE 
Multispecies and Monkfish Fishery Management Plans: effort control 
program requirements at 50 CFR 648.82(a) and 648.92(a); minimum fish 
sizes at Sec. Sec.  648.83(a)(1) and 648.93(a)(1), and monkfish 
possession restrictions at Sec.  648.94(b)(6). The EFP would also 
exempt the vessels from the possession and landing restrictions for the 
NE skate complex fishery at Sec.  648.322(c).
    Any fishing activity conducted outside the scope of the exempted 
fishing activity would be prohibited.

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

    Dated: April 2, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-7982 Filed 4-7-04; 8:45 am]
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