[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Notices]
[Pages 779-780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-204]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122800D]


Magnuson-Stevens Act Provisions; Atlantic Highly Migratory 
Species; Exempted Fishing and Scientific Research Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of 2001 Exempted Fishing and Scientific Research 
Permits; request for comments.

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SUMMARY: NMFS announces the intent to issue exempted fishing permits 
(EFPs) and scientific research permits (SRPs) for the collection of 
Atlantic highly migratory species. These EFPs/SRPs would authorize 
collections of a limited number of tunas, swordfish, billfishes, and 
sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for 
the purposes of scientific data collection and public display. The EFPs 
will be valid through May 31, 2001, at which time revised regulations 
regarding permit issuance procedures and conditions are scheduled to go 
into effect and revised permits may be issued. NMFS also announces the 
intent to issue EFPs upon receiving applications from U.S. fishermen 
whose vessels fish for Atlantic highly migratory species while 
operating under contract with interests in other fishing nations. These 
EFPs would allow a U.S. fishing vessel to fish so as to be consistent 
with another country's regulations without violating U.S. regulations, 
and would ensure that such vessels report to the proper authorities.

DATES: Written comments on these collection, research and fishing 
activities will be considered by NMFS in issuing such EFPs/SRPs if 
received on or before January 19, 2001.

ADDRESSES: Send comments to Christopher Rogers, Acting Chief, Highly 
Migratory Species Management Division (F/SF1), NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910. The EFP/SRP applications and copies 
of the regulations under which EFPs/SRPs are issued may also be 
requested from this address. Comments also may be sent via facsimile 
(fax) to (301)713-1917. Comments will not be accepted if submitted via 
e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Sari Kiraly, 301-713-2347; fax: 301-
713-1917.

SUPPLEMENTARY INFORMATION: EFPs and SRPs are requested and issued under 
the

[[Page 780]]

authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) and/or the Atlantic Tunas Convention Act 
(16 U.S.C. 971 et seq.). Regulations at 50 CFR 600.745 and 50 CFR 
635.32 govern scientific research activity, exempted fishing, and 
exempted educational activity with respect to Atlantic highly migratory 
species.
    Issuance of EFPs and/or SRPs may be necessary because possession of 
certain shark species is prohibited, possession of billfishes on board 
commercial fishing vessels is prohibited, and because the commercial 
fisheries for bluefin tuna, swordfish and large coastal sharks may be 
closed for extended periods, during which collection of live animals 
and/or biological samples would otherwise be prohibited. In addition, 
NMFS regulations at 50 CFR 635.32 regarding implantation or attachment 
of archival tags in Atlantic highly migratory species require prior 
authorization and a report on implantation activities.
    NMFS also seeks public comment on its intention to issue EFPs for 
the purpose of collecting biological samples under at-sea fisheries 
observer programs. NMFS intends to issue EFPs to any NMFS or NMFS-
approved observer to bring onboard and possess, for scientific research 
purposes, 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 Director of the Office of 
Sustainable Fisheries at the request of the Southeast Fisheries Science 
Center or Northeast Fisheries Science Center. In total, 169 swordfish 
and 44 sharks were collected by at-sea observers under such EFPs in 
2000.
    Collection of bluefin tuna would be authorized for scientific 
research age and growth, genetic, and spawning studies. In 2000, five 
permits for bluefin tuna archival tagging and research were issued. In 
2001, pursuant to ICCAT recommendations calling for research that 
addresses bluefin tuna spawning locations, NMFS intends to issue SRPs 
and/or EFPs for U.S. participation in an international program that 
could involve the landing of up to 15 metric tons of bluefin tuna for 
scientific sampling. This would be in addition to SRPs and EFPs issued 
for other tuna research.
    NMFS also intends to continue to issue EFPs to vessel operators 
requesting offloading windows in the Atlantic Swordfish fishery, in the 
event the swordfish fishery is closed and a vessel is not equipped with 
a vessel monitoring system that would enable it to remain at sea after 
the announced closure date. NMFS anticipates that commercial EFP 
applicants would be captains of larger vessels out on extended trips at 
the time of a closure announcement. These applicants would benefit from 
delayed offloading by avoiding market gluts and cold storage problems.
    Several EFPs have been issued in the past authorizing the retention 
of Atantic Skipjack tuna as an allowable incidental species while 
fishing for other species using coastal driftnet gear. Comments have 
been received that vessels intend to participate in this fishery during 
2001, and NMFS intends to issue a limited number of EFPs again to 
collect vessel effort information and to monitor bycatch of all species 
caught by coastal driftnetters while fishing for other species.
    NMFS also seeks public comment on its intention to issue EFPs for 
distant water pelagic longline vessels for the purpose of expanding 
access of U.S. vessels into other markets while continuing to collect 
information about U.S. fishing effort and landings. NMFS would consider 
applications from any U.S. Atlantic pelagic longline vessel. NMFS 
intends to issue such EFPs to any U.S. vessel fishing under contract to 
another nation, provided its landings and discards are consistent with 
ICCAT recommendations and, due to the requirements of the contract, 
those landings are being reported to ICCAT by that other nation or 
otherwise appropriately accounted for.
    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 the HMS FMP, NMFS established a public display quota 
of 60 metric tons wet stweight for this purpose. NMFS has preliminarily 
determined that up to 3,000 sharks could be taken with this current 
quota and such harvest would be consistent with the most recent 
environmental impact statement prepared for this fishery. NMFS believes 
that harvesting this amount for public display will have a minimal 
impact on the stock. In 2000, 14 EFPs were issued for the collection of 
sharks for display purposes.
    Generally, the authorized collections or exemptions would involve 
activities otherwise prohibited by regulations implementing the Final 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks (HMS 
FMP) and Amendment 1 to the Atlantic Billfish Management Plan. The 
EFPs, if issued, would authorize recipients to fish for and possess 
tunas, billfishes, swordfish and sharks outside the applicable Federal 
commercial seasons, size limits and retention limits, or to fish for 
and possess prohibited species.
    In the near future, NMFS intends to undertake rulemaking to revise 
general aspects of the procedures for issuing EFPs. Permits will be 
issued under the current regulations and be valid until new regulations 
become effective, which is expected to be June 1, 2001, at which time 
revised permits may be issued. A final decision on issuance of any 
EFPs/SRPs will depend on the submission of all required information 
about the proposed activities, NMFS' review of public comments received 
on this notice, 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. NMFS does not anticipate any 
environmental impacts from the issuance of these EFPs other than 
impacts already assessed in the Final Environmental Impact Statement 
(EIS) and any subsequent Environmental Assessments or EISs contained in 
the Final HMS FMP (64 FR 13575; March 19, 1999).

    Authority: 16 U.S.C. 971 et seq.and 16 U.S.C. 1801 et seq.

    Dated: December 28, 2000.
Valerie L. Chambers,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-204 Filed 1-3-01; 8:45 am]
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