[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Notices]
[Pages 39435-39436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14843]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061604D]


Atlantic Highly Migratory Species; Exempted Fishing Permits

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

ACTION: Notice of receipt of a request for exempted fishing permits; 
request for comments.

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SUMMARY: NMFS announces the receipt of a request for exempted fishing 
permits (EFPs) for tuna purse seine vessels to transfer purse seine 
caught bluefin tuna (BFT) to a towed cage for the purposes of examining 
premature shedding of pop-up satellite tags, investigating alternative 
harvesting methods, and gathering information on how delayed landing of 
purse seine captured BFT impacts market prices. NMFS invites comments 
from interested parties on potential concerns should these EFPs be 
issued.

DATES: Written comments on the proposed exempted fishing activity must 
be received no later than July 12, 2004.

ADDRESSES: You may submit comments by any of the following methods:
    [bul] Email: [email protected]. Include in the subject line the 
following identifier: I.D. 061604D.
    [bul] Mail: Christopher Rogers, Chief, Highly Migratory Species 
Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    [bul] Fax: (301)713-1917.

FOR FURTHER INFORMATION CONTACT: Heather Stirratt, phone: 301-713-2347; 
fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: EFPs 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.
    Several operators of permitted Atlantic tuna purse seine vessels, a 
transfer vessel, and a holding vessel have requested exemptions from 
certain regulations applicable to the harvest and landing of BFT in 
order to conduct research on BFT in the Gulf of Maine area. 
Specifically, the permitted purse seine vessels propose to transfer BFT 
that they catch to a cage towed by the holding vessel, and tag the BFT 
with pop-up tags to investigate premature tag shedding. During the 
course of the tagging study, approximately 20 BFT may be harvested per 
day to investigate characteristics of tagging sites and tag retention, 
and to investigate the economic impact of delayed landings in the purse 
seine fishery. BFT would be harvested from the cage using experimental 
gears including a diver and/or electric speargun and would be 
transported to port via a transfer vessel. The holding and transfer 
vessels may not have Atlantic tunas permits, thus landings and other 
reporting procedures may need to be altered to account for the delayed 
harvesting operations. The applicants state that delayed landing of the 
harvested fish could enhance marketing opportunities and prices by 
coordinating landings with strong market activity. According to the 
applicants, these operations may benefit all U.S. commercial BFT 
fishing categories by improving scientific data available for BFT 
management and avoiding the market gluts experienced in recent years.
    The applicants also request an exemption to allow permitted 
Atlantic tunas purse seine vessels participating in the experiment to 
exceed the 15-percent tolerance level for incidental catch of bluefin 
tuna between 73 and 81 inches (185 and 206 cm). In their request, the 
applicants state that the current 15 percent tolerance for fish below 
81 inches (206 cm) could be a restrictive factor limiting the success 
of the experiment. The applicants note that

[[Page 39436]]

in recent years mixed schools of giant and large medium bluefin tuna 
have been prevalent, particularly early in the season, which is the 
time period proposed for the experiment. In the event that such 
conditions persist in 2004, the applicants believe that the experiment 
could potentially result in greater mortality to smaller fish 
necessitating relief from the tolerance level for the remainder of the 
season.
    The regulations that would prohibit the proposed activities include 
requirements to use authorized gear (50 CFR 635.21); prohibition of BFT 
transfer at sea (50 CFR 635.29); vessel fishing permits (50 CFR 635.4); 
and prohibition of approaching within 100 feet of a purse seine vessel 
while gear is deployed (50 CFR 635.71). In addition, certain reporting 
requirements may be adjusted to allow for the delayed landing of purse 
seine harvested fish.
    NMFS invites comments from interested parties on potential concerns 
should these EFPs be issued.

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

    Dated: June 24, 2004.
Alan D. Risenhoover,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-14843 Filed 6-25-04; 2:58 pm]
BILLING CODE 3510-22-S