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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [I.D. 092500B]

# AGENCY:

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

# ACTION:

Issuance of an exempted fishing permit.

# SUMMARY:

NMFS announces the issuance of an exempted fishing permit (EFP) for the North Carolina Aquariums (applicant), headquartered in Raleigh, NC.  The EFP authorizes the applicant, with certain conditions, to collect for public display up to 60 red porgy and up to 500 lb (227 kg) of coral/live rock in Federal waters off North Carolina each year for 2 years.  The three North Carolina Aquariums are located at Roanoke Island, Pine Knoll Shores, and Kure Beach, North Carolina.  This EFP is similar to a previously approved EFP for North Carolina Aquariums that expired earlier this year.

# DATES:

The newly issued EFP is effective January 12, 2001, through December 31, 2002.

# ADDRESSES:

Copies of the EFP are available from Peter Eldridge, Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL  33702.

# FOR FURTHER INFORMATION CONTACT:

Peter Eldridge, 727-570-5305; fax 727-570-5583; e-mail: peter.eldridge@noaa.gov.

# SUPPLEMENTARY INFORMATION:

                    The EFP is issued under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801*et seq.*), and regulations at 50 CFR 600.745(b) concerning exempted fishing.                

The EFP authorizes the applicant, with certain conditions, to collect for public display up to 60 red porgy and up to 500 lb (227 kg) of coral/live rock in Federal waters off North Carolina each year for 2 years.

                    The North Carolina Aquariums (NCA), with aquariums located at Roanoke Island, Pine Knoll Shores, and Kure Beach, is a public, non-profit, self-supporting institution established to promote an awareness, understanding, and appreciation of the diverse natural and cultural resources associated with North Carolina’s ocean, estuaries, rivers,                           ( print page 5511)                        streams, and other aquatic environments.  The several aquariums are major educational and conservation institutions with extensive field study and outreach programs.  The specimens will be maintained in the various NCA facilities for public display.                

The proposed collection involves activities otherwise prohibited by Federal regulations implementing the Fishery Management Plans for Coral, Coral Reefs, and Live/Hard Bottom Habitats, and the Fishery Management Plan for the Snapper-Grouper Fisheries of the South Atlantic Region.  The applicant requests authorization in order to harvest and possess corals, live rock, and red porgy taken from Federal waters off North Carolina.

The EFP has a number of conditions concerning the harvest of prohibited species and corals, the gear that can be employed, and bycatch restrictions.  The EFP requires an annual report to NMFS that lists taken specimens.

                    A notice of receipt of the application for this permit was published in the                     **Federal Register**                     on October 2, 2000 (65 FR 58745).  In addition to announcing the receipt of the application, public comments were requested.  No public comments were received.  Also, consistent with the requirements of 50 CFR 600-745(b)(3)(1), NMFS provided copies of the EFP application to the State of North Carolina, the South Atlantic Fishery Management Council, and the U.S. Coast Guard along with information on the EFP’s effects on target species.  All of the consulted entities supported the issuance of the EFP.                

Failure of the permittee to comply with the terms and conditions of the EFP may be grounds for revocation, suspension or modification of this permit, as well as civil or criminal sanctions.

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

Dated:  January 10, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 01-1379  Filed 1-18-01; 8:45 am]

BILLING CODE 3510-22-S