[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Notices]
[Pages 71892-71893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34452]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 121698A]


Magnuson-Stevens Act Provisions; Atlantic Swordfish Fishery; 
Atlantic Billfish Fisheries; 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.

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SUMMARY: NMFS announces the receipt of applications for EFPs. If 
granted, these EFPs would authorize, until such time that the Highly 
Migratory Species fishery management plan (FMP) is effective, 
collections of a limited number of swordfish, billfish, and sharks from 
the large coastal, pelagic,

[[Page 71893]]

small coastal, and prohibited species groups from Federal waters in the 
Atlantic Ocean for the purposes of data collection and public display.

DATES: Written comments on NMFS' intent to issue such EFPs must be 
received on or before January 14, 1999.

ADDRESSES: Send comments to Rebecca Lent, Chief, Highly Migratory 
Species Management Division (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. The EFP applications and copies of the 
regulations under which EFPS are subject may also be requested from 
this address.

FOR FURTHER INFORMATION CONTACT: Margo Schulze, 301-713-2347; fax: 301-
713-1917.

SUPPLEMENTARY INFORMATION: EFPs are requested and 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 concerning 
scientific research activity, exempted fishing, and exempted 
educational activity.
    Issuance of EFPs is necessary because possession of five large 
coastal shark species is prohibited, possession of billfish on board 
commercial fishing vessels is prohibited, and because the commercial 
fisheries for swordfish and large coastal sharks may be closed for 
extended periods.
    NMFS is seeking public comment on its intention to issue EFPs for 
the purpose of collecting biological samples under commercial observer 
programs. NMFS intends to issue an EFP to any NMFS or NMFS-approved 
observer to bring onboard and possess, for scientific research purposes 
(e.g., biological sampling, measurement, etc), any Atlantic swordfish, 
Atlantic shark, or Atlantic billfish provided the fish is a recaptured 
tagged fish, a dead fish prior to being brought onboard, or 
specifically authorized for sampling by the Southeast Fisheries Science 
Center or Northeast Fisheries Science Center. NMFS intends to authorize 
500 Atlantic swordfish, 225 Atlantic billfish, and 575 Atlantic sharks 
under an EFP. In 1998, a total of one billfish was collected under an 
EFP.
    NMFS is also seeking public comment on its intention to issue EFPs 
for the collection of restricted species of sharks for the purposes of 
public display. In 1998, a total of 13 requests for EFPs were received 
for a total collection of 565 sharks from the large coastal and 
prohibited species groups. To date, NMFS has received reports from two 
EFP recipients who collected a total of 8 sand tiger sharks under 1998 
EFPs. NMFS has preliminarily determined that up to 500 sharks of the 
restricted shark species, of which a maximum of 75 sand tiger sharks, 
would be consistent with the current quota and the most recent 
environmental assessment prepared for this fishery. NMFS believes that 
this amount will have a minimal impact on the stock.
    The proposed collections involve activities otherwise prohibited by 
regulations implementing the FMPs for Atlantic Swordfish, Atlantic 
Billfish, and Sharks of the Atlantic Ocean. The EFPs, if issued, would 
authorize recipients to fish for and to possess swordfish and large 
coastal sharks outside the Federal commercial seasons and to fish for 
and to possess prohibited species.
    NMFS does not intend to issue EFPs for the entire 1999 calendar 
year, as has been customary, but intends to issue any EFPs from January 
1, 1999, until 30 days after the final rule implementing the Final HMS 
FMP is effective. NMFS intends to send, via certified mail, 
notification that the final rule is effective and that EFP holders must 
reapply under the new procedures within 30 days.
    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: December 23, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-34452 Filed 12-29-98; 8:45 am]
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