[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Pages 15294-15295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1297]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032105C]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; 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 Exempted Fishing Permit 
(EFP) application submitted by the Mount

[[Page 15295]]

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 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. 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: Written comments must be received on or before April 11, 2005.

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. Or, comments may be submitted via e-mail to: [email protected]. 
Include in the subject line of the e-mail ``Comments on MDO Specimen 
Collection.''

FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Management 
Specialist, 978-281-9104.

SUPPLEMENTARY INFORMATION: The MDO submitted an application for an EFP 
on February 28, 2005, 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 four days -- two days during the period May 16-26, 2005, and 
two days during the period June 23-30, 2005. 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 five months, and would be 
returned to the sea in October 2005.
    Collection would be made within the Small Mesh Northern Shrimp 
Fishery Exemption Area (Area), specifically within an area off the 
coast of Maine. Because 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 (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. In addition to an exemption from the NE multispecies minium 
mesh requirements, 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 Sec. Sec.  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: March 21, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E5-1297 Filed 3-24-05; 8:45 am]
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