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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 070698C]

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; deadline for receipt of EFP

applications; request for comments.

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SUMMARY: NMFS announces the receipt of two 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. NMFS also announces a new deadline for receipt of

exempted fishing permit applications for the 1998 fishing year.

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

before August 10, 1998. Applications for EFPs must be received on or

before September 22, 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.

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. On January 29, 1998 (63 FR 4431), NMFS announced

a 90-day deadline for receipt of EFP applications, which expired April

29, 1998. Because NMFS has been informed by members of industry that

the announcement of this deadline was not widely distributed and

because additional EFP applications have been received since that

deadline, NMFS is announcing a second and final deadline for the

receipt of EFP applications.

The North Carolina Aquarium Division, on behalf of three North

Carolina Aquariums located in Roanoke

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Island, Pine Knoll Shores, and Fort Fisher, NC, intends to collect 18

dusky sharks (6 sharks per facility), 18 lemon sharks (6 sharks per

facility), 18 sandbar sharks (6 sharks per facility), and 6 sand tiger

sharks (2 sharks per facility) for public display and education by hook

and line and trawl, fyke, or pound nets. Fishing will occur in the

Atlantic Ocean off North Carolina and Florida. Issuance of an EFP is

necessary because possession of sand tiger sharks is prohibited and

because the commercial fishery for large coastal sharks is closed for

extended periods. The applicant also requested that the EFP authorize

collection of bonnethead sharks, managed under the small coastal shark

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.

The Atlantis Holding Corporation, in Holtsville, NY, intends to

collect a maximum of 20 sand tiger sharks for public display and

education by rod and reel. Fishing will occur in the Atlantic Ocean

along the south shore of Long Island. Issuance of an EFP is necessary

because the possession of sand tiger sharks is prohibited.

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: July 17, 1998.

Gary C. Matlock,

Director, Office of Sustainable Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-19877 Filed 7-23-98; 8:45 am]

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