[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26351-26353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6767]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 033006B]


Atlantic Highly Migratory Species; Scientific Research Permit

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

ACTION: Notice; request for a scientific research permit; request for 
comments.

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SUMMARY: NMFS announces the receipt of a request for a scientific 
research permit (SRP) to survey and determine abundance and 
distribution of pelagic sharks, inject pelagic sharks with tetracycline 
for age validation studies, track the survival and movement of Highly 
Migratory Species (HMS) with conventional and satellite pop-up tags in 
the Atlantic Ocean, and collect biological samples. While this research 
will occur in waters from the Gulf of Maine to Delaware, NMFS invites 
comments from interested parties on

[[Page 26352]]

this SRP request with regards to tagging and biological sampling of HMS 
(sharks, blue and white marlin, and bluefin and yellowfin tuna) in the 
Northeastern United States closed area.

DATES: Written comments on the application for a scientific research 
permit must be received by 5 p.m. on May 18, 2006.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include in the subject line 
the following identifier: I.D. 033006B.
     Mail: Margo Schulze-Haugen, Chief, Highly Migratory 
Species Management Division (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. Please mark the outside of the envelope 
``Comments on SRP Application.''
     Fax: (301)427-2590

FOR FURTHER INFORMATION CONTACT: Jackie Wilson, by phone: (404)806-
7622; fax: (404)806-9188.

SUPPLEMENTARY INFORMATION: Scientific Research Permits are requested 
and issued under the authority of the Atlantic Tunas Convention Act (16 
U.S.C. 971 et seq.), which regulates fishing activities of tunas, 
swordfish, and billfish. Regulations at 635.32 govern scientific 
research activity, exempted fishing, and exempted educational activity 
with respect to Atlantic HMS. Scientific research is exempted from 
regulation under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) (Magnuson-Stevens Act), which 
regulates fishing activities of sharks.
    The Northeast Fisheries Science Center (NEFSC) in Narragansett, 
Rhode Island has requested a SRP to conduct a research in Federal 
waters between Delaware and the Gulf of Maine (38[deg]00' N to 
41[deg]00' N), including the Northeastern U.S. closed area. Previous 
shark surveys have occurred in this area prior to the implementation of 
the Northeastern U.S. closed area. This research would include a survey 
and tagging study of pelagic sharks, including shortfin mako sharks, 
Isurus oxyrinchus, common and bigeye thresher sharks, Alopia vulpinus 
and A. superciliosus, blue sharks, Prionace glauca, and porbeagle 
sharks, Lamna nasus, to obtain abundance and distribution information 
on these species. In addition, this research would include injecting 
tagged sharks with tetracycline for age validation studies. Biological 
samples would be taken from some species of sharks, including samples 
for age studies, stomach samples for food and feeding information, and 
reproductive samples. The data collected should support current 
research on thresher shark life history and blue shark and shortfin 
mako food habits.
    The NEFSC would be conducting its research at historical survey 
locations. Prior research indicates that these species follow 
temperature gradients offshore from New Jersey and then move northward 
towards the Gulf of Maine. The survey would consist of a total of 20 
sets over 11 days that proceed from south to north placing sets at the 
shelf, slope, northwall, and Gulfstream stations at 50 mile intervals 
coincident with oceanographic canyon stations that were sampled in 
earlier cruises. Approximately 10 sets will be placed within the 
Northeastern U.S. closed area. This research would also compare 
previous catch data with catch rates of these species using 9/0 
(40) Japanese tuna hooks to catch rates using 16/0 non-offset 
circle hooks, and catch rates and bait retention with 18/0 non-offset 
barbless circle hooks.
    While the NEFSC would be fishing primarily for sharks, the 
researchers would use Southeast Fisheries Science Center tags to tag 
any live, incidentally caught Atlantic blue marlin, Makaira nigricans, 
and white marlin, Tetrapturus albidus. In addition, in collaboration 
with Dr. Molly Lutcavage from the University of New Hampshire, the 
NEFSC would deploy pop-up satellite archival tags (PSATs) on any live, 
incidentally caught bluefin tuna, Thunnus thynnus, and yellowfin tuna, 
Thunnus albacares. The timing of the survey is seasonally early in 
terms of billfish availability, and bycatch rates are expected to be 
very low since surface water temperatures will likely be too cold for 
billfish and sea turtles on the vast majority of the stations. While 
bluefin tuna may be incidentally captured if a survey station is 
located within a warm core ring, the number caught will probably be 
very low because sets are shorter in duration, the amount of gear set 
is about half the size of a commercial set, and it is unlikely that 
there would be more than two stations within rings on this cruise. If 
the researchers catch five bluefin tuna and/or three loggerhead or 
leatherback sea turtles on a given set, they will retrieve the gear and 
move out of the area. These oceanographic conditions have been surveyed 
in the past, and this sampling opportunity might allow for critical 
PSAT deployments prior to the inshore migrations of bluefin tuna. These 
deployments would provide critical data on bluefin tuna behavior during 
the migratory transition from offshore to inshore feeding grounds.
    For each fish caught and tagged, the researchers would record 
species, estimated length and weight, and GPS location in addition to 
sea surface temperature, and any other data archived by the PSATs. 
These data would be used for migration studies on billfish, bluefin 
tuna, and yellowfin tuna. For all incidental mortalities, data would be 
collected, such as length, weight, samples for isotope work, otolith 
and aging samples, blood samples, and gonad samples. However, because 
the researchers would be targeting shark species, few incidental 
mortalities of other HMS are expected from these surveys based on 
previous survey results. Based on past data for the month of June and 
the estimated fishing effort for the 11 day cruise (20 total sets of 
400 hooks per set for a total of 8,000 hooks), the researchers 
anticipate that they will catch 812 blue sharks, Prionace glauca, 32 
sandbar sharks, Carcharhinus plumbeus, 12 shortfin mako sharks, Isurus 
oxyrhincus, nine swordfish, Xiphias gladius, five thresher sharks, 
Alopias vulpinus, two dusky sharks, Carcharhinus obscurus, one 
yellowfin tuna, Thunnus albacares, one porbeagle shark, Lamna nasus, 
one tiger shark, Galeocerdo cuvier, one bluefin tuna, Thunnus thynnus, 
and one hammerhead shark, Sphyrna spp.
    The research would be conducted from May 30, 2006, through June 9, 
2006, throughout the area mentioned above. Research would be conducted 
onboard the National Oceanographic Atmospheric Administration's 
(NOAA's) Fisheries Research Vessel, the Delaware II (R-445). Collection 
of HMS would occur with traditional Yankee pelagic longline gear 
consisting of a gangion of approximately 6 feet (1.83 m) of 0.125-inch 
(0.320 cm) diameter stainless wire leader attached to 18 feet (5.49 m) 
of 0.25-inch (0.640 cm) diameter braided nylon line with a stainless 
steel line clip at the nylon end. Approximately 133, 16/0 non-offset 
circle hooks would be alternated with 133, 9/0 (40) Japanese 
tuna hooks, and 134, 18/0 non-offset barbless circle hooks for a total 
of 400 hooks per set. Hooks would be baited with mackerel. The mainline 
would consist of 0.31 inch diameter braided nylon or monofilament with 
polyform floats with five fathom droppers attached to the floats would 
be used at 10 hook intervals to support the longline, and each end of 
the longline would be marked with a both a polyform float and a 20-foot 
(6.10 m) staff buoy with radar reflectors, flashers (at night), and 
weights for stability. The soak time would vary, but would be no more 
than

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a couple of hours to minimize incidental mortalities of non-target 
species.
    Sea turtle handling and release equipment and instructions will be 
onboard the vessel at all times while engaged in this research 
activity. Additionally, the research team is trained and experienced in 
sea turtle handling and release techniques. Past research has also 
associated sea turtle interactions and other bycatch species with 
certain oceanographic features, such as warm core rings. Because the 
goal of this research would be to tag and collect information on the 
abundance and distribution of sharks, the researchers would limit their 
activity in these areas to reduce potential interactions with sea 
turtles and other non-targeted species.
    Based on NMFS' initial review, NMFS believes that this research 
would be excluded from the requirement to prepare either an 
Environmental Assessment or Environmental Impact Statement pursuant to 
the National Environmental Policy Act because it is of limited size and 
magnitude and is not expected to have significant effects individually 
or cumulatively on the environment. As noted above, limited numbers of 
incidental interactions and/or mortalities are anticipated to occur 
while conducting this research. While scientific research is not 
regulated under the Magnuson-Stevens Act, NMFS would track and monitor 
all sources of mortalities for sharks. Any mortalities of ATCA 
regulated species (i.e., billfish and tuna) would be counted against 
the appropriate quotas, and active measures will be taken to minimize 
interactions and mortalities of these non-target species. Further, all 
fish tagged would be released alive, with minimal or no post-release 
mortality anticipated. However, if any HMS die during the collection 
and/or tagging process, age structures (otoliths), stomachs, blood 
samples, samples for isotope work, and reproductive tissues would be 
sampled.
    This research may benefit fishery managers and scientists by 
providing additional data on the importance of the Northeastern U.S. 
closed area ecosystem in the management and conservation of HMS in the 
Atlantic Ocean.
    The regulations that would prohibit the proposed activities include 
requirements for permits and fees (50 CFR 635.4), vessel reporting (50 
CFR 635.4), size limits (50 CFR 635.20), fishing in a closed area (50 
CFR 635.21(c)(i)), hook requirements (50 CFR 635.21(c)(5)(iii)(C)), 
retention limits for bluefin tuna (50 CFR 635.23), commercial retention 
limits for sharks and swordfish (50 CFR 635.24), catch and release (50 
CFR 635.26), commercial quotas (50 CFR 635.27), closures (50 CFR 
635.28), possession at sea and landing (50 CFR 635.30), and VMS (50 CFR 
635.69).

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

    Dated: April 25, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-6767 Filed 5-3-06; 8:45 am]
BILLING CODE 3510-22-S