[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Notices]
[Pages 68557-68560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20004]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 101206B]


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

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

ACTION: Notice of intent; request for comments.

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SUMMARY: NMFS announces its intent to issue Exempted Fishing Permits 
(EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of 
Acknowledgment (LOAs) and Chartering Permits for the collection of

[[Page 68558]]

Atlantic highly migratory species (HMS) in 2007. In general, EFPs, 
SRPs, Display Permits, and Chartering Permits would authorize 
collections of a limited number of Atlantic 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. The issuance of EFPs to Atlantic billfishes tournaments 
for the use of J-hooks to fish for blue marlin is also discussed in 
this notice. Typically, EFPs, SRPs, LOAs, Display Permits, and 
Chartering Permits would be valid from the date of issuance through 
December 31, 2007.

DATES: Written comments on these collection, research, and fishing 
activities will be considered by NMFS when issuing EFPs, SRPs, Display 
Permits, and/or Chartering Permits if received on or before December 
27, 2006.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject line 
the following identifier: ``I.D. 101206B''.
     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: Jackie Wilson, by phone: (404) 806-
7622; or by fax: (404) 806-9188; or Chris Rilling or Karyl Brewster-
Geisz, by phone: (301) 713-2347; or by fax: (301) 713-1917.

SUPPLEMENTARY INFORMATION: EFPs, SRPs, Display Permits, and Chartering 
Permits are requested and issued under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C. 1801 et seq.) and/or the Atlantic Tunas Convention Act 
(ATCA) (16 U.S.C. 971 et seq.). Regulations at 50 CFR 600.745 and 
635.32 govern scientific research activity, exempted fishing, 
chartering arrangements, and exempted educational activity with respect 
to Atlantic HMS. Scientific research is exempted from regulation under 
the Magnuson-Stevens Act, so NMFS does not issue EFPs for bonafide 
research activities (i.e., research conducted from a research vessel 
and not a commercial or recreational fishing vessel) involving species 
solely regulated under the Magnuson-Stevens Act. However, NMFS requests 
copies of scientific research plans, and NMFS indicates concurrence by 
issuing an LOA to researchers to indicate that the proposed activity 
meets the definition of research and is therefore exempt from 
regulation. Scientific research is not exempt under ATCA. Therefore, 
NMFS issues SRPs involving ATCA regulated species to researchers 
operating from bonafide research vessels, and EFPs to researchers 
operating from commercial or recreational fishing vessels.
    Issuance of EFPs, SRPs, and Display Permits may be necessary for 
the collection of scientific data and for public display because the 
possession of certain species or size of HMS are prohibited, possession 
of billfishes on board commercial fishing vessels is prohibited, and/or 
because the commercial fisheries for bluefin tuna 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. 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 collection and 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 the Northeast and 
Southeast Observer programs to allow any NMFS employee or NMFS-approved 
contractor/observer to bring onboard and possess (for scientific 
research purposes, biological sampling, measurement, etc.) any Atlantic 
tuna, swordfish, shark, or billfish provided the fish is a tagged and 
recaptured 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. Collection of bluefin tuna for age and growth, 
genetic, and spawning information by at-sea-observers began in 2005.
    NMFS received public comments on the final Environmental Impact 
Statement for the final Consolidated HMS Fishery Management Plan 
regarding the new requirement for billfish tournaments to use only 
circle hooks when fishing natural baits and natural bait/artificial 
lure combinations (October 2, 2006; 71 FR 58058). The commenters 
claimed that circle hooks are not necessary to reduce post-release 
injury and mortality of blue marlin when fishermen use either natural 
bait/artificial lure combinations or with heavy tackle (line test > 80 
lb) trolling at fast speeds. In response to comments, NMFS stated that 
it would issue EFPs for billfish tournaments to collect additional 
scientific data on the impacts of J-hooks when fishing for blue marlin. 
NMFS has received comments during the HMS Advisory Panel meeting 
(October 3-4, 2006) as well as from billfish tournament directors that 
tournaments are not appropriate venues to collect scientific data due 
to the lack of standardized fishing practices and tournament 
operations. Accordingly, NMFS is continuing to examine more appropriate 
means of obtaining scientific data on the impacts of J-hooks when 
fishing for blue marlin. As such, NMFS is still considering the value 
of issuing EFPs to tournaments for this type of data collection. The 
Agency's decision on the issuance of these EFPs as well as alternative 
avenues NMFS might pursue to evaluate the impacts of J-hooks when 
fishing for blue marlin will be published in a future Federal Register 
notice.
    NMFS is also seeking public comment on its intent to issue Display 
Permits for the collection of restricted species of sharks for public 
display in 2007. In the final 1999 Fishery Management Plan (FMP) for 
Atlantic Tunas, Swordfish, and Sharks (1999 FMP), NMFS established a 60 
metric ton wet weight quota for the public display and research of 
sharks (combined). 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. Future rulemaking may re-
evaluate this quota in light of the results of recent shark stock 
assessments. Specifically, landings of sandbar sharks and dusky sharks 
collected under the auspices of an EFP, SRP, Display Permit, or LOA may 
be restricted more in 2007 than in previous years given the results of 
the shark stock assessments. In 2006, eight Display Permits were 
issued, authorizing the collection of 292 large coastal, 156 small 
coastal, and 64 prohibited sharks for display purposes. The total 
number reported as actually taken will not be known until early 2007. 
In 2005, of the 258 large coastal, 60 small coastal, and 72 prohibited 
sharks authorized for collection via the issuance of seven Display 
Permits, only 37 large coastal sharks, 53 small coastal sharks (48 of 
which were Atlantic sharpnose), and 4 prohibited species

[[Page 68559]]

were reported taken from Federal waters. In 2005, 2.22 percent of the 
shark display and research quota was used for public display 
collections.
    Authorized collections or exemptions may involve activities 
otherwise prohibited by regulations implementing the final Consolidated 
HMS FMP (October 2, 2006; 71 FR 58058). Display Permits, SRPs, and 
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. Any proposed research 
activities must be consistent with all applicable laws and regulations. 
NMFS will seek additional public comment on proposals that may be 
deemed controversial unless the research is being conducted by NOAA 
scientific researchers from bonafide NOAA research vessels.
    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 
International Commission for the Conservation of Atlantic Tunas (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 2005 and 2006, as well as the number of specimens 
collected in 2005. The number of specimens collected in 2006 will be 
available when all of the 2006 annual reports are submitted to NMFS in 
early 2007. In 2005, the number of specimens collected were greater 
than the number of authorized specimens for Billfish EFPs. This was due 
to more larvae from plankton tows and whole swordfish from commercial 
pelagic longline vessels being collected than anticipated by scientific 
researchers. Otherwise, the number of specimens collected was less than 
the number of authorized specimens. In all cases, mortality associated 
with an EFP, SRP, Display Permits, or LOA (except for larvae) were 
counted against the appropriate quota. A total of 32 exempted permits 
were issued by NMFS in 2005 for the collection of HMS, whereas the 
number of permits issued in 2006 increased to 37 permits. In both 2005 
and 2006, the greatest number of exempted permits issued were Tuna EFPs 
followed by Shark Display Permits. HMS SRPs had the greatest number of 
specimens authorized for collection in 2005 and 2006 (mainly for the 
collection of larvae).

   Table 1. Summary of HMS Exempted Permits Issued in 2005 and 2006. ``HMS'' refers to multiple species being
                                      collected under a given permit type.
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                                                     2005                                      2006
                              ----------------------------------------------------------------------------------
                                Number                           Number  Number   Number
                                  of      Number of   Number of    of      of       of     Number of   Number of
                                Permits  Authorized  Authorized   Fish   Larvae  Permits  Authorized  Authorized
                                Issued      Fish       Larvae     Taken   Taken   Issued     Fish       Larvae
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EFP                            ........  ..........  ..........  ......  ......  .......  ..........  ..........
 HMS\3\                        4         677         200         47      0       4        1,100       0
 Shark                         5         882         0           457     0       6        605         0
 Tuna                          7         859         0           378     0       9        590         0
 Billfish                      2         175         450         190\1\  616\2\  3        179         0
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SRP                            ........  ..........  ..........  ......  ......  .......  ..........  ..........
 HMS\3\                        4         611         2,500       26      524     4        485         1,200
 Shark                         3         850         0           19      0       2        400         0
 Billfish                      0         0           0           0       0       1        0           500
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Display                        ........  ..........  ..........  ......  ......  .......  ..........  ..........
 HMS\3\                        1         98          0           0       0       1        89          0
 Shark                         6         379         0           94      0       7        505         0
----------------------------------------------------------------------------------------------------------------
Total                          32        4,531       3,150       1,211   1,140   37       3,953       1,700
----------------------------------------------------------------------------------------------------------------
LOA\4\                         ........  ..........  ..........  ......  ......  .......  ..........  ..........
 Shark                         4         2,484       0           37      0       1        2,853       0
----------------------------------------------------------------------------------------------------------------
1. Overage was due to an overage in collection of swordfish on commercial pelagic longline vessels.
2. Number of larvae collected are difficult to determine upon collection; larvae samples are collected,
  preserved and counted at a later date, so applicants cannot determine if they have exceeded their authorized
  limit at the time of collection.
3. The discrepancies in the number of authorized specimens listed in the 2005 notice (70 FR 71467) and this
  notice are due to a calculation error in the 2005 notice and the inclusion of additional species in this
  notice (i.e., the inclusion of ``other tunas'' comprised of albacore, bigeye, blackfin, skipjack, and
  yellowfin tuna).
4. Collections made under an LOA are not authorized; rather this estimated harvest for research is acknowledged
  by NMFS. All sources of mortality are accounted against the appropriate quota.

    Final decisions on the issuance of any EFPs, SRPs, Display Permits, 
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 relevant applicable 
laws and regulations, and any consultations with appropriate Regional 
Fishery Management Councils, states, or Federal agencies.
    All requests for EFPs, SRPs, Display Permits, 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.


[[Page 68560]]


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

    Dated: November 21, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-20004 Filed 11-24-06; 8:45 am]
BILLING CODE 3510-22-S