[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Notices]
[Pages 68595-68596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 120103D]


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 2004 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/SRPs will be valid through December 
31, 2004. NMFS also announces the intent to consider issuing EFPs upon 
receiving applications from U.S. fishermen whose vessels fish for 
Atlantic HMS while operating under chartering arrangements within the 
Exclusive Economic Zone (EEZ) of other nations to ensure consistency 
with another country's regulations without violating U.S. regulations.

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 December 24, 2003.

ADDRESSES: Send comments to Christopher Rogers, Chief, Highly Migratory 
Species Management Division (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. 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 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, dead 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 in any given year.
    Collection of bluefin tuna may be authorized for scientific 
research, age and growth, genetic, and spawning studies. In 2003, five 
permits for bluefin tuna archival tagging and research were issued. In 
addition, NMFS issued 12 EFPs allowing commercial pelagic longline 
fishing vessels to assist NOAA scientists in conducting sea turtle 
bycatch reduction experiments in the Northeast Distant Waters (NED) of 
the Grand Banks.
    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 and research quota of 60 metric tons wet weight for this 
purpose. NMFS has preliminarily determined that, based on average 
weight of sharks landed, approximately 3,000 sharks could be taken with 
this current quota. The actual number of sharks that would be taken 
depends on the species and size of the sharks. NMFS believes that 
harvesting this amount for public display will have a minimal impact on 
the stock. In 2003, seven EFPs, which authorized the collection of 352 
sharks for display purposes, were issued. The total number reported as 
actually taken will not be known until early 2004. However, of the 402 
sharks authorized for collection in seven EFPs issued during 2002, only 
37 sharks were reported taken.
    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 has undertaken a restructuring of the exempted fishing 
application and reporting procedures for Atlantic HMS. To that effect, 
on November 10, 2003, NMFS published a final rule (68 FR

[[Page 68596]]

63738) that modifies the existing regulations, with the intent of 
improving accountability of these fishing activities, particularly 
those conducted to collect sharks for public display and those 
undertaken for scientific research. This rule will be effective 
December 10, 2003.
    Specifically, the final rule contains the following provisions: (1) 
EFP holders must notify the local NMFS Office for Law Enforcement at 
least 24 hours prior to departure for all fishing trips conducted to 
collect HMS for the purpose of public display; (2) all live HMS 
retained for the purpose of public display must be tagged while still 
on board the fishing vessel with either a conventional dart tag or a 
microchip Passive Integrated Transponder (PIT) tag, both of which will 
be supplied by NMFS; (3) if warranted, NMFS may specify conditions for 
conducting fishing activities to collect HMS for public display in 
order to minimize mortalities of either targeted or bycatch species; 
(4) NMFS reserves the right to place an at-sea observer on board an 
authorized HMS collection vessel; (5) EFP and SRP holders must report 
all HMS collection activities regardless of whether they occur inside 
or outside the EEZ; (6) negative reports must be submitted for months 
when no HMS are collected; (7) applicants for EFP and SRP renewals must 
include with the application the previous year's year-end report and 
any delinquent reports for permits issued in prior years, in order to 
obtain the new permit; and (8) prohibitions concerning the submission 
of false information and violations of the terms and conditions of EFPs 
and SRPs. Although unrelated to these provisions, the rule also 
addresses EFPs for the pelagic longline directed swordfish fishery, in 
that EFPs would no longer be required for vessels to delay offloading 
of swordfish when an approved vessel monitoring system (VMS) is 
operating on board the vessel.
    Comments are also requested for the issuance of EFPs to vessels 
fishing for HMS while operating under chartering arrangements within 
the EEZ 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. To date, however, NMFS has not 
received requests for such EFPs.
    Also in November 2003, NMFS published the Final Amendment 1 to the 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. While 
the Amendment focuses primarily on shark management measures, the 
issuance of EFPs and SRPs is addressed in that a separate display 
permitting system for HMS is to be developed apart from EFPs and SRPs 
issued for other purposes. This is an administrative change only, and 
current quotas as well as application and reporting requirements remain 
as established under the existing system. This provision may be 
implemented in a final rule that will likely be published in mid 
December 2003.
    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), 
Environmental Assessments (EAs) or EISs, 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.

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

    Dated:December 3, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-30487 Filed 12-8-03; 8:45 am]
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