[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57259-57261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23442]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XY54
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; 2011 Research Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for applications.
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SUMMARY: NMFS announces its request for applications for the 2011 shark
research fishery from commercial shark fishermen with a directed or
incidental limited access permit. The shark research fishery allows for
the collection of fishery-dependent data for future stock assessments
while also allowing NMFS and commercial fishermen to conduct
cooperative research to meet the shark research objectives for the
Agency. The only commercial vessels authorized to land sandbar sharks
are those participating in the shark research fishery. Shark research
fishery permittees may also land non-sandbar large coastal sharks
(LCS), small coastal sharks (SCS), and pelagic sharks. Commercial
vessels not participating in the shark research fishery may only land
only non-sandbar LCS, SCS, and pelagic sharks. Commercial shark
fishermen who are interested in participating in the shark research
fishery need to submit a completed Shark Research Fishery Permit
Application in order to be considered.
DATES: Shark Research Fishery Applications must be received no later
than 5 p.m., local time, on October 20, 2010.
ADDRESSES: Please submit completed applications to the HMS Management
Division at:
Mail: Attn: Guy DuBeck, HMS Management Division (F/SF1),
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Fax: (301) 713-1917
For copies of the Shark Research Fishery Permit Application, please
write to the HMS Management Division at the address listed above, or
call (301) 713-2347 (phone), or (301) 713-1917 (fax). Copies of the
Shark Research Fishery Application are also available at the HMS
website at http://www.nmfs.noaa.gov/sfa/hms/index.htm.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Guy DuBeck, at
(301) 713-2347 (phone) or (301) 713-1917 (fax).
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The Consolidated HMS Fishery
Management Plan (FMP) is implemented by regulations at 50 CFR part 635.
The final rule for Amendment 2 to the Consolidated HMS FMP (73 FR
35778, June 24, 2008, corrected at 73 FR 40658, July 15, 2008)
established, among other things, a shark research fishery to maintain
time series data for stock assessments and to meet NMFS' research
objectives. The shark research fishery also allows selected commercial
fishermen the opportunity to earn revenue from selling more sharks,
including sandbar sharks, than allowed outside of the commercial shark
fishery. Only the commercial shark fishermen selected to participate in
the shark research fishery are authorized to land/harvest sandbar
sharks subject to the sandbar quota available each year. The base quota
is 87.9 mt dw per year through December 31, 2012, although this number
may be reduced in the event of overharvests, if any. The selected shark
research fishery permittees will also have access to the non-sandbar
LCS, SCS, and pelagic shark quotas. Commercial fishermen not
participating in the shark research fishery may land non-sandbar LCS,
SCS, and pelagic sharks subject to retention limits and quotas per 50
CFR 635.24 and 635.27, respectively.
The 2011 trip limits and number of trips per month will depend on
the number of selected vessels, available quota, objectives of the
research fishery, and the actual vessels selected. The trip limits and
the number of trips taken have changed each year the research fishery
has been active. Participants may also be limited on the amount of gear
they can deploy on a given set (e.g., number of hooks, length of
longline). In 2010, selected vessels fishing outside of the Mid-
Atlantic shark time/area closure off the coast of North Carolina were
allowed a trip limit of 33 sandbar sharks and 33 non-sandbar large
coastal sharks. Selected vessels fishing inside of the Mid-Atlantic
shark time/area closure off the coast of North Carolina until July 31
were allowed a trip limit of 66 sandbar sharks and 33 non-sandbar large
coastal sharks. The vessels participating in the shark research fishery
fished an average of 1.5 trips per month.
In order to participate in the shark research fishery, commercial
shark fishermen need to submit a completed Shark Research Fishery
Application showing the vessel and owner(s) meet the specific criteria
outlined below.
Research Objectives
Each year, NMFS determines the research objectives for the upcoming
shark research fishery. The research objectives are developed by a
shark board, which is comprised of representatives within NMFS,
including representatives from the Southeast Fisheries Science Center
(SEFSC) Panama City Laboratory, Northeast Fisheries Science Center
(NEFSC) Narragansett Laboratory, the Southeast Regional Office,
Protected Species Division (SERO\PSD), and the HMS Management Division.
The research objectives for 2011 are similar to the research objectives
for 2010, and the shark board based them on the Southeast Data,
Assessment and Review (SEDAR) 11, 2005/2006 LCS stock assessment. The
2011 research objectives are:
Collect reproductive and age data from sandbar sharks
throughout the calendar year;
Collect reproductive and age data for blacktip sharks for
determination of the reproductive cycle (i.e., annual or biennial
frequency);
Collect reproductive and age data from all species of
sharks for additional species-specific assessments;
Monitor the size distribution of sandbar sharks and other
species captured in the fishery;
Continue on-going tagging programs for identification of
migration corridors and stock structure;
Maintain time-series of abundance from previously derived
indices for the shark BLL observer program;
[[Page 57260]]
Acquire fin-clip samples of all species for genetic
analysis;
Attach satellite archival tags to endangered smalltooth
sawfish to provide information on critical habitat and preferred depth,
consistent with ESA requirements for such tagging under the SEFSC
observer program take permit obtained through the 2008 Section 7
Consultation and Biological Opinion (BiOp) for the Continued
Authorization of Shark Fisheries (Commercial Shark Bottom Longline,
Commercial Shark Gillnet and Recreational Shark Handgear Fisheries) as
Managed under the Consolidated Fishery Management Plan for Atlantic
Tunas, Swordfish, and Sharks (Consolidated HMS FMP), including
Amendment 2 to the Consolidated HMS FMP (F/SER/2007/05044);
Attach satellite archival tags to prohibited dusky sharks
and other sharks, as needed, to provide information on daily and
seasonal movement patterns, and preferred depth;
Evaluate hooking mortality and survivorship of dusky and
other sharks using hook timers and temperature-depth recorders;
Evaluate the effects of controlled gear experiments in
order to determine the effects of potential hook changes to prohibited
species interactions and fishery yields; and
Examine the size distribution of sandbar sharks and other
species captured in the Mid-Atlantic shark time/area closure off the
coast of North Carolina from January 1 through July 31.
Selection Criteria
Shark Research Fishery Permit Applications will only be accepted
from commercial shark fishermen that hold a current directed or
incidental limited access permit. While incidental permit holders are
welcome to submit an application, to ensure that an appropriate number
of sharks are landed/harvested to meet the research objectives for this
year, NMFS will be giving priority to directed permit holders. As such,
qualified incidental permit holders will only be selected if there are
not enough qualified directed permit holders to meet research
objectives.
The Shark Research Fishery Permit Application includes, but is not
limited to, a request for the following information: type of commercial
shark permit possessed; past participation in the commercial shark
fishery (not including sharks caught for display); past involvement and
compliance with HMS observer programs per Sec. 635.7; past compliance
with HMS regulations at 50 CFR part 635; availability to participate in
the shark research fishery; ability to fish in the regions and season
requested; ability to attend necessary meetings regarding the
objectives and research protocols of the shark research fishery; and
ability to carry out the research objectives of the Agency. An
applicant that has been charged criminally or civilly (e.g., issued a
Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction)
for any HMS-related violation will not be considered for participation
in the shark research fishery. In addition, applicants who were
selected to carry an observer in the previous 2 years for any HMS
fishery, but failed to communicate with NMFS observer programs in order
to arrange the placement of an observer before commencing any fishing
trip that would have resulted in the incidental catch or harvest of any
Atlantic HMS, per Sec. 635.7, will not be considered for participation
in the 2010 shark research fishery. Applicants who were selected to
carry an observer in the previous 2 years for any HMS fishery and
failed to comply with all the observer regulations per Sec. 635.7,
including failure to provide adequate sleeping accommodations per Sec.
635.7(e)(1), a sufficiently sized survival craft per Sec.
600.746(f)(6), or failure to pass a USCG safety examination per Sec.
600.746(c)(2) will also not be considered. Exceptions will be made for
vessels that were selected for HMS observer coverage but did not fish
in the quarter when selected. Applicants that do not possess a valid
Unites States Coast Guard (USCG) safety inspection decal when the
application is submitted will not be considered. Applicants that have
been non-compliant with any of the HMS observer program regulations in
the previous 2 years, as described above, may be eligible for future
participation in shark research fishery activities by demonstrating 2
subsequent years of compliance with observer regulations at Sec.
635.7.
Selection Process
The HMS Management Division will review all submitted applications
that are deemed complete and develop a list of qualified applicants. A
qualified applicant is an applicant that has submitted a complete
application and has met the selection criteria. Qualified applicants
are eligible to be selected to participate in the shark research
fishery for 2011. The HMS Management Division will provide the list of
qualified applicants without identification information to the SEFSC.
The SEFSC will then evaluate the list of qualified applicants and,
based on the temporal and spatial needs of the research objectives, the
availability of qualified applicants, and the available quota for a
given year, will randomly select approximately 10 qualified applicants
to conduct the prescribed research. Where there are multiple qualified
applicants that meet the criteria, permittees will be randomly selected
through a lottery system. If a public meeting is deemed necessary, NMFS
will announce details of a public selection meeting in a subsequent
Federal Register notice.
Once the selection process is complete, NMFS will notify the
selected applicants and issue the shark research fishery permits. If
needed, NMFS will communicate with the shark research fishery permit
holders to arrange a captain's meeting to discuss the research
objectives and protocols. The shark research fishery permit holders
must contact the NMFS observer coordinator to arrange the placement of
a NMFS-approved observer for each shark research trip.
A shark research fishery permit will only be valid for the vessel
and owner(s) and terms and conditions listed on the permit, and thus,
cannot be transferred to another vessel or owner(s). Issuance of a
shark research permit does not guarantee that the permit holder will be
assigned a NMFS-approved observer on any particular trip. Rather,
issuance indicates that a vessel may be issued a NMFS-approved observer
for a particular trip, and on such trips, may be allowed to harvest
Atlantic sharks, including sandbar sharks, in excess of the retention
limits described in Sec. 635.24(a). These retention limits will be
based on available quota, number of vessels participating in the 2011
shark research fishery, the research objectives set forth by the shark
board, and may vary by vessel and/or location. When not operating under
the auspices of the shark research fishery, the vessel would still be
able to land non-sandbar, SCS, and pelagic sharks subject to existing
retention limits on trips without a NMFS-approved observer. The shark
research permit may be revoked or modified at any time and does not
confer the right to engage in activities beyond those listed on the
shark research fishery permit.
Commercial shark permit holders (directed and incidental) are
invited to submit an application to participate in the shark research
fishery on an annual basis. Permit applications can be found on the HMS
Management Division's website at http://www.nmfs.noaa.gov/sfa/hms/index.htm or by calling (301) 713-2347. Final decisions on the
[[Page 57261]]
issuance of a shark research fishery permit will depend on the
submission of all required information, and NMFS' review of applicant
information as outlined above. The 2011 shark research fishery will
start after the opening of the shark fishery and under available quotas
as published in a separate Federal Register final rule.
Dated: September 15, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-23442 Filed 9-17-10; 8:45 am]
BILLING CODE 3510-22-S