[Federal Register: December 30, 1998 (Volume 63, Number 250)] [Notices] [Page 71892-71893] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30de98-42] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-F