[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Notices]
[Pages 77752-77753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31983]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 120302A]


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 2003 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 (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 through December 31, 
2003. 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 3, 2003.

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: Heather Stirratt or 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

[[Page 77753]]

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 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 
hundred swordfish and sharks are collected by at-sea observers under 
such EFPs any given year.
    Collection of bluefin tuna may be authorized for scientific 
research, age and growth, genetic, and spawning studies. In 2002, five 
permits for bluefin tuna archival tagging and research were issued.
    EFP and SRP applications will also be considered for experiments 
addressing gear modifications to reduce bycatch in the Atlantic HMS 
pelagic longline fisheries. In 2002, NMFS issued one EFP allowing 
commercial fishing vessels to assist NOAA scientists in conducting 
bycatch reduction experiments in the Northeast Distant Waters of the 
Grand Banks.
    NMFS 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 (VMS) 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. 
Based on an October 16, 2002, court order, NMFS expects to re-establish 
the regulations requiring VMS on HMS vessels with pelagic long line on 
board. When that occurs, EFPs to allow delayed offloading would no 
longer be required.
    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 will 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. NMFS believes that harvesting this amount for 
public display will have a minimal impact on the stock. In 2002, eight 
EFPs, which authorized the collection of 695 sharks for display 
purposes, were issued. Of these authorized collections, only 42 sharks 
have been reported taken to date.
    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 is in the process of restructuring the procedures for issuing 
Federal EFPs/SRPs for highly migratory species. NMFS initiated this 
process by publishing a Notice of Intent to prepare an Environmental 
Impact Statement (EIS) for Amendment 1 to the Fishery Management Plan 
for Atlantic Tunas, Swordfish and Sharks on November 15, 2002 (64 FR 
69236). While the Amendment is anticipated to focus primarily upon 
shark management measures, consideration will be given to revising the 
EFP/SRP issuance procedures for all Atlantic HMS. NMFS intends to 
publish an Issues and Options paper summarizing the different 
permitting options under consideration and will announce the 
availability of this document at a later date.
    Additionally, on December 6, 2002 (64 FR 72629), NMFS published a 
proposed rule that suggests modification of existing regulations to 
improve accountability of exempted fishing activities involving 
Atlantic HMS. If the proposed changes are implemented, permits would be 
issued under the current regulations and would be valid until the new 
regulations become effective, at which time revised permits may be 
issued.
    Final decisions on the 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, consistency 
with conclusions in the Final Environmental Impact Statement 
(EIS)contained in the Final HMS FMP (64 FR 13575; March 19, 1999) and 
any subsequent Environmental Assessments (EAs) 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.

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

    Dated: December 13, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-31983 Filed 12-18-02; 8:45 am]
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