[Federal Register Volume 72, Number 48 (Tuesday, March 13, 2007)]
[Notices]
[Pages 11327-11328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4559]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 030107C]


Atlantic Highly Migratory Species; Exempted Fishing Permits

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

ACTION: Notice; request for an exempted fishing permit; request for 
comments.

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SUMMARY: NMFS announces the receipt of a request for an exempted 
fishing permit (EFP) to collect fisheries data from approximately 13 
pelagic longline (PLL) vessels fishing in the East Florida Coast and 
Charleston Bump closed areas. At this time, given the nearly rebuilt 
status of north Atlantic swordfish and numerous management measures 
regulating target and bycatch species in the PLL fishery, NMFS is 
considering issuing the proposed EFP to evaluate bycatch measures in 
these areas. The applicant states that these data would provide 
information on circle hook performance, target and bycatch species 
composition, and allow comparative analysis with historical pelagic 
longline logbook and observer program data. The applicant states that 
the goals of these fishing activities are to determine if 
implementation of new pelagic longline fishing practices justify the 
resumption of PLL fishing in the selected areas and to catch more of 
the United States swordfish quota. The proposed activities would occur 
in Federal waters of the Atlantic Ocean off Florida and South Carolina 
from the date of issuance through April 2008. NMFS invites comments 
from interested parties on this EFP request.

DATES: Written comments on the application for an exempted fishing 
permit must be received by 5 p.m. on April 11, 2007.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include in the subject line 
the following identifier: I.D. 030107C.
     Mail: Michael Clark, 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 EFP 
Application.''
     Fax: (301)713-1917

FOR FURTHER INFORMATION CONTACT: Michael Clark, by phone: (301) 713-
2347; fax: (301)713-1917.

SUPPLEMENTARY INFORMATION: EFPs are requested and issued under the 
authority of the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et 
seq.) and the Magnuson Stevens Fishery Conservation and Management Act 
(1601 U.S.C. 1801 et seq.), which regulate fishing activities of tunas, 
swordfish, sharks, and billfish. Regulations at 50 CFR Section 635.32 
govern scientific research activity, exempted fishing, and exempted 
educational activity with respect to Atlantic Highly Migratory Species 
(HMS).
    Blue Water Fishermen's Association (applicant) has requested an EFP 
to collect fisheries data in Federal waters of the Charleston Bump and 
East Florida

[[Page 11328]]

Coast closed areas. The area requested for experimental fishing 
includes the waters approximately 40 nautical miles north of Fort 
Pierce, FL, beginning at 28[deg] N. latitude and seaward of the Gulf 
Stream then continuing north and east seaward of the 100-fathom contour 
to the northern and eastern boundaries of the Charleston Bump closed 
area. In the Florida East Coast closed area, specific fishing areas 
would include waters between 28[deg] and 30[deg] N. latitude, seaward 
of the axis of the Gulf Stream, out to the boundary of the U.S. 
Exclusive Economic Zone (EEZ). In the Charleston Bump Closed Area, 
fishing activities would take place seaward of the 100-fathom contour 
to the northern and eastern boundaries of that closure.
    Under this application, target species would include swordfish, 
yellowfin tuna, albacore tuna, bigeye tuna, dolphin fish, pelagic and 
coastal sharks, and wahoo. All targeted catch (tunas, swordfish, and 
sharks) that can be legally landed would be harvested and sold by the 
vessel owners. Incidental catch of bluefin tuna would be landed 
consistent with existing regulations. Any mortalities of Atlantic Tunas 
Convention Act (ATCA) regulated species (i.e., tuna, and swordfish) and 
sharks would be counted against the appropriate quotas. Non-target 
species and protected resources (e.g., billfish and sea turtles) would 
be tagged and released alive, if possible.
    NMFS is aware of interactions with leatherback and loggerhead sea 
turtles that have occurred with PLL gear in these closed areas due to 
the natural distribution of sea turtles. Sea turtles can be entangled 
and/or hooked by PLL gear. If the EFP is issued, all mortality and 
interactions with protected resources would be counted against the 
Incidental Take Statement (ITS) established by the 2004 Biological 
Opinion for the PLL fishery.
    The applicant specifies that all participating vessels would comply 
with the following standards: (1) Leaded swivels on every leader placed 
2-3 fathoms above the hook, (2) use of 18/0 circle hooks (up to 10 
degree offset) and squid or mackerel baits when targeting swordfish, 
(3) use of 16/0 non-offset circle hooks with squid or whole finfish 
bait when targeting tunas, and (4) possession of all mandatory 
equipment for safe handling and release of sea turtles and other non-
target catch. The applicant would adhere to all existing regulations 
concerning deployment of PLL gear.
    The applicant is proposing that all fishing activities be monitored 
by Federal fisheries observers to provide data on longline gear 
configuration, target and incidental catch, and sea turtle 
interactions. NMFS currently collects this information on selected PLL 
vessels by the PLL Observer Program (POP). The applicant is also 
proposing that observers record all of the animals caught on each set 
and the location and water temperature corresponding to where each 
section of gear is set and hauled. Individual length measurements for 
all catch would be recorded in addition to weight for those animals 
landed. If the EFP is issued, NMFS would require that all data be 
submitted via the POP, as well as interim and annual reports to the 
Highly Migratory Species (HMS) Management Division, as required under 
the EFP program. The applicant states that this data would allow for 
comparisons of catch rates for target and bycatch species with 
historical catch data from this area and time of year to assess the 
effectiveness of recent changes in the PLL fishery (e.g., bait and hook 
requirements and safe handling and release gear).
    The applicant states that these activities may provide additional 
information on the efficacy of bycatch reduction measures and resultant 
catch composition in closed areas. It would also provide the U.S. PLL 
fleet with additional opportunities to catch more of its swordfish 
quota.
    NMFS closed the East Florida Coast and Charleston Bump time/area 
closures to PLL gear to reduce bycatch of juvenile swordfish, billfish, 
and other HMS (e.g., sharks during closed seasons)(65 FR 47214, August 
1, 2000). The Charleston Bump Closed Area is a seasonal closure from 
February through April every year, whereas the East Florida Coast 
Closed Area is closed year-round to PLL gear.
    The regulations that would prohibit the proposed activities include 
requirements for vessel reporting (50 CFR 635.4) and fishing in a 
closed area (50 CFR 635.21(c)(2)). All other relevant regulations 
concerning HMS at 50 part 635 would apply.
    NMFS is requesting public comment on this application for an EFP 
because the fishing activities are proposed to occur in closed areas, 
specifically the East Florida Coast and Charleston Bump. NMFS requested 
public comment on its intent to issue HMS exempted fishing, scientific 
research, public display and chartering permits (71 FR 68557, November 
27, 2006). The Notice stated that if NMFS were to receive an 
application to conduct fishing activities in a closed area, the public 
would have the opportunity to comment on the issuance of an EFP for 
such activities prior to NMFS making a determination on whether or not 
to issue the EFP.

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

    Dated: March 8, 2207.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-4559 Filed 3-12-07; 8:45 am]
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