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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-19877

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** July 24, 1998
- **Citation:** 63 FR 39813

## Text

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

[[Page 39814]]

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]
BILLING CODE 3510-22-F

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-19877. Public record. Not legal advice.
