[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR635.32]

[Page 251-252]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                     Subpart C--Management Measures
 
Sec. 635.32  Specifically authorized activities.

    (a) General. Consistent with the provisions of Sec. 600.745 of this 
chapter, except as indicated in this section, NMFS may authorize for the 
conduct of scientific research or the acquisition of information and 
data, for the enhancement of safety at sea, for the purpose of 
collecting animals for public education or display, or for investigating 
the reduction of bycatch, economic discards or regulatory discards, 
activities otherwise prohibited by the regulations contained in this 
part. Activities subject to the provisions of this section include, but 
are not limited to, scientific research resulting in, or likely to 
result in, the take, harvest or incidental mortality of Atlantic HMS, 
exempted fishing and exempted educational activities, or programs under 
which regulated species retained in contravention to otherwise 
applicable regulations may be donated through approved food bank 
networks. Such activities must be authorized in writing and are subject 
to all conditions specified in any letter of acknowledgment, exempted 
fishing permit or scientific research permit issued in response to 
requests for authorization under this section. For the purposes of all 
regulated species covered under this part, NMFS has the sole authority 
to issue permits, authorizations, and acknowledgments. If a regulated 
species landed or retained under the authority of this section is 
subject to a quota, the fish shall be counted against the quota category 
as specified in the written authorization.
    (b) Scientific research activities. For the purposes of all species 
covered under this part regulated under the authority of ATCA, the 
provisions for research plans under Sec. 600.745(a) and reports under 
Sec. 600.745(c)(1) of this chapter are mandatory. In such cases of 
authorized scientific research activities, NMFS shall issue scientific 
research permits. For scientific research activities involving the 
capture of Atlantic sharks, research plans and reports are requested; 
letters of acknowledgment shall be issued by NMFS as indicated under 
Sec. 600.745(a) of this chapter.
    (c) Exempted fishing permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this

[[Page 252]]

chapter, other than scientific research conducted from a scientific 
research vessel, NMFS may issue exempted fishing permits. Application 
procedures shall be as indicated under Sec. 600.745(b)(2) of this 
chapter, except that NMFS may consolidate requests for the purposes of 
obtaining public comment. In such cases, NMFS may file with the Office 
of the Federal Register for publication notification on an annual or, as 
necessary, more frequent basis to report on previously authorized 
exempted fishing activities and to solicit public comment on anticipated 
exempted fishing requests.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid shark EFP is required to fish 
for, take, retain, or possess a shark in or from the Atlantic EEZ for 
the purposes of public display under the shark public display quota 
specified in Sec. 635.27(b)(2). A valid shark EFP must be on board the 
harvesting vessel, must be available when the shark is landed, must be 
available when the shark is transported to the display facility, and 
must be presented for inspection upon request of an authorized officer. 
A shark EFP is valid for the specific time, area, gear, and species 
specified on it.
    (3) To be eligible for a shark EFP, a person must provide all 
information concerning his or her identification, numbers by species of 
sharks to be collected, when and where they will be collected, vessel(s) 
and gear to be used, description of the facility where they will be 
displayed, and any other information that may be necessary for the 
issuance or administration of the permit, as requested by NMFS.
    (4) Written reports on fishing activities and disposition of catch 
must be submitted to NMFS at an address designated by NMFS, for each 
fish collected within 5 days of the collection. An annual written 
summary report of all fishing activities and disposition of all fish 
collected under the permit must also be submitted to NMFS at an address 
designated by NMFS. NMFS will provide specific conditions and 
requirements, consistent with the Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks in the EFP.