[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Pages 71467-71469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23469]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 110905B]


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

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

ACTION: Notice of intent to issue exempted fishing, scientific 
research, display, and chartering permits; request for comments.

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

SUMMARY: NMFS announces the intent to issue Exempted Fishing Permits 
(EFPs), Scientific Research Permits (SRPs), Display Permits, and 
Chartering Permits for the collection of Atlantic highly migratory 
species (HMS). The permits 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, these permits would be 
valid from the date of issuance through December 31, 2006. NMFS also 
announces the intent to consider issuing permits 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 collect data consistent with 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) recommendations and to ensure consistency with that country's 
regulations without violating U.S. regulations.

DATES: Written comments on these collection, research, and fishing 
activities will be considered by NMFS when issuing EFPs, SRPs, Display, 
and/or Chartering Permits if received on or before December 29, 2005.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject line the 
following identifier: I.D. 110905B.
     Mail: Margo Schulze-Haugen, Chief, Highly Migratory 
Species Management Division (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910.
     Fax: (301)713-1917.

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

[[Page 71468]]


SUPPLEMENTARY INFORMATION: EFPs, SRPs, Display, and Chartering Permits 
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, chartering arrangements, and exempted 
educational activity with respect to Atlantic HMS.
    Issuance of EFPs, SRPs, Display, and Chartering Permits may be 
necessary for the collection of scientific data and for public display 
because the possession of certain shark species is prohibited, 
possession of billfishes on board commercial fishing vessels is 
prohibited, and/or because the commercial fisheries for bluefin tuna, 
swordfish, and large coastal sharks may be closed for extended periods, 
during which time the collection of live animals and/or biological 
samples would be otherwise prohibited. Collection of bluefin tuna may 
be authorized for scientific research, age and growth, genetic, and 
spawning studies. NMFS regulations at 50 CFR 635.32 regarding the 
implantation or attachment of archival tags in Atlantic HMS require 
prior authorization and a report on implantation activities.
    NMFS seeks public comment on its intent to issue EFPs for the 
purpose of collecting biological samples under at-sea fisheries 
observer programs. NMFS intends to issue EFPs to any NMFS employee or 
NMFS-approved contractor/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 tag recapture fish, dead prior to being brought onboard, 
or specifically authorized for sampling by the Director of NMFS' Office 
of Sustainable Fisheries at the request of the Southeast Fisheries 
Science Center or the Northeast Fisheries Science Center. On average, 
several hundred swordfish and sharks are collected by at-sea observers 
under such EFPs in any given year.
    NMFS is also seeking public comment on its intent to issue Display 
Permits 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 (1999 HMS FMP), NMFS established 
a 60 metric ton wet weight quota for the public display and research of 
sharks. NMFS 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 taken depends on the species 
and size of the sharks collected. NMFS believes that harvesting this 
amount for public display will have a minimal impact on the stock and 
that the number of sharks harvested for display and research will 
remain under the annual 60 metric ton quota. In 2005, seven Display 
Permits were issued, authorizing the collection of 258 large coastal, 
133 small coastal, and 92 prohibited sharks for display purposes. The 
total number reported as actually taken will not be known until early 
2006. However, of the 373 large coastal, 60 small coastal, and 72 
prohibited sharks authorized for collection via the issuance of nine 
Display Permits in 2004, only 10 large coastal sharks, no small coastal 
sharks, and nine prohibited species were reported taken from Federal 
waters. In 2004, 23.68 percent of the shark display and research quota 
was used for public display collections.
    Generally, authorized collections or exemptions involve activities 
otherwise prohibited by regulations implementing the 1999 HMS FMP and 
Amendment 1 to the Atlantic Billfish FMP. The EFPs, if issued, may 
authorize recipients to fish for and possess tunas, billfish, 
swordfish, and sharks outside the applicable Federal commercial 
seasons, size limits and/or retention limits; to fish for and possess 
prohibited species; or to fish for and possess HMS collected for 
research purposes in closed areas. NMFS may consider exempted fishing 
applications for bycatch reduction research in closed regions of the 
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea to test gear 
modifications and fishing techniques aimed to avoid incidental capture 
of non-target species. Such applications would likely require further 
National Environmental Policy Act (NEPA) analyses and possibly public 
comment.
    Comments are also requested on the issuance of Chartering Permits 
to vessels fishing for HMS while operating under chartering 
arrangements within the EEZ of other nations. Chartering Permits allow 
a U.S. fishing vessel to fish in a manner consistent with another 
country's regulations without violating U.S. regulations, and ensure 
that such vessels report to the proper authorities, consistent with 
ICCAT recommendations. To date, NMFS has only issued one Chartering 
Permit for a pelagic longline vessel.
    Table 1 summarizes the number of exempted permits and authorized 
collections in 2004 and 2005, as well as the number of specimens 
collected in 2004. The number of specimens collected in 2005 will be 
available when all of the 2005 annual reports are submitted to NMFS. In 
2004, the number of authorized specimens for collection was greater 
than the number specimens actually collected under each permit. A total 
of 43 exempted permits were issued by NMFS in 2004 for the collection 
of HMS, whereas the number of permits issued in 2005 declined to 35 
permits. In both 2004 and 2005, the greatest number of exempted permits 
issued were Tuna EFPs. Shark SRPs had the greatest number of specimens 
authorized for collection in 2004, whereas tuna EFPs authorized the 
greatest number of specimens in 2005.

[[Page 71469]]

[GRAPHIC] [TIFF OMITTED] TN29NO05.010

    Final decisions on the issuance of any EFPs, SRPs, Display, and 
Chartering Permits 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 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 1999 HMS FMP.
    All requests for EFPs, SRPs, Display, and Chartering Permits of a 
type or nature not addressed in this Federal Register notice will have 
a separate notice filed and separate public comment period.

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

    Dated: November 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-23469 Filed 11-28-05; 8:45 am]
BILLING CODE 3510-22-S