[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Notices]
[Pages 1442-1444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-780]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 121901A]


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 2002 Exempted Fishing and Scientific Research 
Permits; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the intent to issue Exempted Fishing Permits 
(EFPs) and Scientific Research Permits (SRPs) for the collection of 
Atlantic highly migratory species (HMS). 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. Generally, the EFPs will be valid

[[Page 1443]]

through December 31, 2002. NMFS also announces the intent to issue EFPs 
upon receiving applications from U.S. fishermen whose vessels fish for 
Atlantic HMS while operating under contract within the Exclusive 
Economic Zone of other 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 28, 2002.

ADDRESSES: Send comments to Christopher Rogers, 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 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 
HMS.
    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 HMS 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. On average, several 
humdred swordfish and sharks are collected by at-sea observers under 
such EFPs any given year.
    Collection of bluefin tuna would be authorized for scientific 
research age and growth, genetic, and spawning studies. In 2001, five 
permits for bluefin tuna archival tagging and research were issued. In 
2002, pursuant to the International Commission for the Conservation of 
Atlantic Tunas (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 and 
other regulated HMS for scientific sampling. This would be in addition 
to SRPs and EFPs issued for other tuna research.
    In 2001 NMFS issued one EFP allowing commercial fishing vessels to 
assist NOAA scientists, and one SRP involving NOAA research vessels, in 
order that experiments in the Northeast Distant Waters of Grand Banks 
and in the DeSoto Canyon area of the Gulf of Mexico, respectively, 
could be conducted. These experiments addressed gear modifications to 
reduce bycatch in the Atlantic HMS pelagic longline fisheries.
    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.
    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 purpose of 
public display. In the Final Fishery Management Plan for Atlantic 
Tunas, Swordfish and Sharks (HMS FMP), NMFS established a public 
display quota of 60 metric tons wet weight 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 2001, nine 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 HMS FMP 
and Amendment 1 to the Atlantic Billfish Fishery Management Plan. The 
EFPs, if issued, may 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.
    NMFS intends to undertake rulemaking to revise certain aspects of 
the procedures for issuing EFPs and complying with EFP requirements for 
Atlantic HMS. Permits may be issued under the current regulations and 
be valid until new regulations become effective, 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 in the Final Environmental Impact Statement (EIS) 
and any subsequent Environmental Assessments (EAs) or EISs contained in 
the Final HMS FMP (64 FR 13575; March 19, 1999) and 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 HMS FMP and subsequent EAs.


[[Page 1444]]


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

    Dated: January 7, 2002.
Jonathan M. Kurland,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-780 Filed 1-10-02; 8:45 am]
BILLING CODE 3510-22-S