Magnuson-Stevens Act Provisions; Atlantic Shark Fisheries; Exempted Fishing Permits (EFPs)

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 051298A]

Magnuson-Stevens Act Provisions; Atlantic Shark Fisheries;

Exempted Fishing Permits (EFPs)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Applications for EFPs; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the receipt of five applications for EFPs. If

granted, these EFPs would authorize, over a period of 1 year,

collections for public display of a limited number of sharks from the

large coastal and prohibited species groups from Federal waters in the

Atlantic Ocean.

DATES: Written comments on the applications must be received on or

before June 19, 1998.

ADDRESSES: Send comments to Rebecca Lent, Chief, Highly Migratory

Species Management Division (F/SF1), NMFS, 1315 East-West Highway,

Silver Spring, MD 20910. The applications and related documents and

copies of the regulations under which exempted fishing permits are

subject may also be requested from this address.

FOR FURTHER INFORMATION CONTACT: Margo Schulze, 301-713-2347; fax: 301-

713-1917.

[[Page 30476]]

SUPPLEMENTARY INFORMATION: These EFPs are requested 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 concerning

scientific research activity, exempted fishing, and exempted

educational activity.

NMFS issued an EFP to Dynasty Marine Associates, Inc., in Marathon,

FL, effective March 3, 1998, for the collection of a maximum of 3

sandbar sharks, 19 nurse sharks, 22 lemon sharks, 14 sand tiger sharks,

and 10 bull sharks for the purposes of public display. Dynasty Marine

Associates, Inc., now intends to collect an additional 17 sandbar

sharks, 10 tiger sharks, and 20 scalloped hammerhead sharks for public

display by using a single hook and line as well as a short longline not

consisting of more than 50 hooks. Fishing will occur in the Florida Bay

and in the Atlantic Ocean off the middle Florida Keys area, off New

Jersey, and off Maryland. Issuance of an EFP is necessary, according to

the applicant, because the commercial season for large coastal sharks

is closed for long periods of time. The applicant also requested that

the EFP authorize collection of Atlantic sharpnose sharks, managed

under the small coastal management unit; however, as the commercial

season for small coastal sharks has not closed to date, this species

may be possessed legally by obtaining a Federal commercial shark

permit, and an EFP is not required.

Shore Lab, Inc., in Brandon, FL, intends to collect 12 sand tiger

sharks for public display and education by using 10 bucket rigs, each

of which includes a single hook and crab line that allows a shark to

swim in a horizontal arc around the swivel line. Fishing will occur in

the Atlantic Ocean off New Jersey. Issuance of an EFP is necessary,

according to the applicant, because possession of sand tiger sharks is

prohibited.

The New Jersey State Aquarium, in Camden, NJ, intends to collect a

maximum of four tiger sharks, five sandbar sharks, four dusky sharks,

and five sand tiger sharks for public display and research by rod and

reel as well as by a short longline consisting of no more than 50

hooks. Fishing will occur in the Atlantic Ocean from Massachusetts to

Florida. Issuance of an EFP is necessary, according to the applicant,

because the commercial season for large coastal sharks is closed for

long periods of time and because possession of sand tiger sharks is

prohibited. The applicant also requested that the EFP authorize

collection of Atlantic thresher and mako sharks, managed under the

pelagics management unit; however, as the commercial season for pelagic

sharks has not closed to date, these species may be possessed legally

by obtaining a Federal commercial shark permit, and an EFP is not

required.

The National Aquarium in Baltimore, Inc., in Baltimore, MD, intends

to collect a maximum of five sandbar sharks, one dusky shark, and one

sand tiger shark for public display and research by two bottom set

longlines, each approximately 400 meters in length and consisting of no

more than 40 hooks. Fishing will occur in the Atlantic Ocean off New

Jersey. Issuance of an EFP is necessary, according to the applicant,

because the commercial season for large coastal sharks is closed for

long periods of time and because possession of sand tiger sharks is

prohibited. The applicant also intends to tag and release captured

sharks, collect blood samples for hematological analyses, and return to

the Delaware Bay five captive sandbar sharks and possibly one sand

tiger shark.

Eric Pederson and Grady Sullivan, in Marathon, FL, intend to

collect a maximum total of 40 sharks for public display by rod and

reel, cast net, and single hook block lines. Shark species collected

may include bull sharks, sand tiger sharks, lemon sharks, sandbar

sharks, blacktip sharks, tiger sharks, and nurse sharks. Fishing will

occur in Federal waters off New York, Virginia, North Carolina, South

Carolina, Georgia, and Florida, as well as in the Chesapeake Bay.

Issuance of an EFP is necessary, according to the applicant, because

the commercial season for large coastal sharks is closed for long

periods of time and because possession of sand tiger sharks is

prohibited. The applicant also requested an EFP to collect sawfish;

however, as NMFS does not regulate sawfish at this time, no EFP is

necessary to collect this species in Federal waters.

The proposed collections for public display involve activities

otherwise prohibited by regulations implementing the Fishery Management

Plan for Sharks of the Atlantic Ocean. The applicants require

authorization to fish for and to possess large coastal sharks outside

the Federal commercial seasons and to fish for and to possess

prohibited species.

Based on a preliminary review, NMFS finds that these applications

warrant further consideration. A final decision on issuance of EFPs

will depend on the submission of all required information, NMFS' review

of public comments received on the applications, conclusions of any

environmental analyses conducted pursuant to the National Environmental

Policy Act, and on any consultations with any appropriate Regional

Fishery Management Councils, states, or Federal agencies.

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

Dated: May 29, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

[FR Doc. 98-14873 Filed 6-3-98; 8:45 am]

BILLING CODE 3510-22-F