[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63559-63561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD52


Atlantic Highly Migratory Species; Exempted Fishing, Scientific 
Research, Display, and Chartering Permits; Letters of Acknowledgment

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 
Atlantic Highly Migratory Species (HMS) in 2008. In general, EFPs and 
related permits would authorize collections of a limited number of 
tunas, swordfish, billfishes, and sharks from Federal waters in the 
Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of 
scientific data collection, public display, and chartering. Generally, 
these permits will be valid from the date of issuance through December 
31, 2008, unless otherwise specified, subject to the terms and 
conditions of individual permits.

DATES:  Written comments on these activities received in response to 
this notice will be considered by NMFS when issuing EFPs and related 
permits and must be received on or before December 10, 2007.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject line 
the following identifier: 0648-XD52
     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: Michael Clark, phone: (301) 713-2347, 
fax: (301) 713-1917 or Jackie Wilson, phone: (240) 338-3936.

SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are 
necessary for the collection of HMS for public display and scientific 
research because regulations (e.g., seasons, prohibited species, 
authorized gear, and minimum sizes) may prohibit the collection of live 
animals or biological samples for these purposes. Collection for 
scientific research and display represents a small portion of the 
overall fishing mortality for HMS and this mortality will be counted 
against the quota of the species harvested, as appropriate. The terms 
and conditions of individual permits are unique; however, all permits 
will include reporting requirements, limit the number and species of 
HMS to be collected, and only authorize collection in Federal waters of 
the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
    EFPs and related permits are issued under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Reauthorization 
Act (Magnuson-Stevens RA) (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 50 CFR 635.32 govern scientific research activity, 
exempted fishing, chartering arrangements, and exempted educational 
activities with respect to Atlantic HMS. Since the Magnuson-Stevens Act 
does not consider scientific research to be ``fishing'', scientific 
research is exempt from this statute, and NMFS does not issue EFPs for 
bona fide research activities (e.g., research conducted from a research 
vessel and not a commercial or recreational fishing vessel) involving 
species that are only regulated under the Magnuson-Stevens Act (e.g., 
sharks) and not under ATCA. NMFS requests copies of scientific research 
plans for these activities and 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. NMFS issues SRPs for 
collection of species managed under this statute (e.g., tunas, 
swordfish, and billfish), which authorize researchers to collect HMS 
from bona fide research vessels. EFPs are issued to researchers 
collecting ATCA-managed species and conducting research from commercial 
or recreational fishing vessels. NMFS regulations concerning the 
implantation or attachment of archival tags in Atlantic HMS require 
scientists to report their activities associated with implantation of 
these tags.
    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.) 
Atlantic tuna, swordfish, shark, or billfish provided

[[Page 63560]]

the fish is a tagged and recaptured fish, dead prior to being brought 
onboard, and specifically authorized for sampling by the Director of 
NMFS' Office of Sustainable Fisheries at the request of the Southeast 
or Northeast Fisheries Science Center. On average, several hundred 
swordfish, tunas, and sharks are collected by at-sea observers under 
such EFPs in any given year. Issuing these permits allows observers to 
utilize fish for scientific information that would have been discarded 
dead anyway. In 2006 and 2007, NMFS issued three exempted fishing 
permits per year authorizing observers to collect HMS while observing 
commercial fishing activities.
    NMFS is seeking public comment on its intent to issue Display 
Permits for the collection of sharks and other HMS for public display 
in 2008. Collection of sharks and other HMS sought for public display 
in aquariums often involves collection when the commercial fishing 
seasons are closed, collection of prohibited species, and collection of 
fish below the minimum size for recreational permit holders. NMFS 
established a 60-metric ton (mt) whole weight (ww) (approximately 3,000 
sharks) quota for the public display and research of sharks (combined) 
in the final Fishery Management Plan (FMP) for Atlantic Tunas, 
Swordfish, and Sharks (1999 FMP). This quota has been analyzed in 
conjunction with other sources of mortality, and NMFS has determined 
that harvesting this amount for public display will not have a 
significant impact on the stock. Additionally, the number of sharks 
actually harvested for display and research has remained under the 
annual 60 mt quota every year since inception of the quota. For 
instance, in 2006, approximately 18 percent of sharks authorized for 
public display were actually collected. Only two, non-shark HMS were 
collected under display permits in 2006. A proposed rule (72 FR 41392, 
July 27, 2007) accompanying the draft Amendment 2 to the Consolidated 
HMS FMP is re-evaluating this display and scientific research quota for 
sharks in light of the results of recent stock assessments. 
Specifically, the rule proposes that collections of sandbar sharks and 
dusky sharks collected under the auspices of EFPs and Display Permits 
be more restricted than in the past given the results of recent shark 
stock assessments. The rule does not propose modifying the overall 60 
mt ww quota.
    NMFS may also consider 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. These permits may require 
further National Environmental Policy Act (NEPA) analyses. NMFS will 
seek additional public comment on these applications, as necessary, 
unless the research is being conducted from bona fide scientific 
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 (2004). The Agency received an 
application for a chartering permit to allow a U.S. HMS permit holder 
to charter a Canadian flagged vessel that would fish in conformity with 
U.S. pelagic longline regulations yet attribute associated landings to 
quotas of the United States. The application was denied because it did 
not conform with domestic law that prohibits foreign vessels from 
fishing or landing HMS within the U.S. Exclusive Economic Zone or the 
ICCAT recommendation (02-21) that authorizes Chartering Permits.
    In 2007, NMFS issued an exempted fishing permit to collect Atlantic 
bluefin tuna from a commercial fishing vessel in international waters 
(the central north Atlantic Ocean, including the Northeast Distant gear 
restricted area). This research is important to improving the 
understanding of the distribution of bluefin tuna during times they are 
not traditionally fished and to improve the knowledge of bluefin tuna 
stock mixing, migration, and life history patterns based on 
microconstituent analysis and biological sampling. NMFS seeks public 
comment on issuing permits authorizing similar activities in 2008.
    The current preferred alternative in the proposed rule accompanying 
the draft Amendment 2 to the Consolidated HMS FMP would establish a 
shark research fishery. As proposed, a limited number of vessels (e.g. 
5-10) with directed or incidental shark permits would be issued shark 
research permits and could participate in a small research fishery for 
sandbar sharks that would harvest the proposed commercial sandbar quota 
(116.6 metric tons dressed weight). These vessels would also be able to 
harvest, and sell, other authorized species of sharks subject to the 
terms and conditions of individual permits. If this measure is 
finalized, NMFS would publish a notice at that time outlining the 
research objectives for the fishery and seeking applications for the 
following fishing year.
    The authorized number of species for 2007, as well as the number of 
specimens collected in 2006, are summarized in Table 1. The number of 
specimens collected in 2007 will be available when 2007 interim and 
annual reports are submitted to NMFS. In 2006, the number of specimens 
collected was less than the number of authorized specimens for all 
permit types. In all cases, mortality associated with an EFP, SRP, 
Display, or LOA (except for larvae) is counted against the appropriate 
quota. A total of 44 EFPs and related permits were issued by NMFS in 
2006 for the collection of HMS. As of October, there have been 38 
permits issued in 2007.

                          Table 1. Summary of HMS Exempted Permits Issued in 2006 and 2007. AHMS@ refers to multiple species being collected under a given permit type.
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                                                                                 2006                                                                            2007
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                                   Number of Permits       Number of           Number of        Number of Fish     Number of Larvae    Number of Permits       Number of           Number of
                                        Issued          Authorized Fish    Authorized Larvae         Taken               Taken              Issued          Authorized Fish    Authorized Larvae
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EFP                               ..................  ..................  ..................  ..................  ..................  ..................  ..................  ..................
     HMS                          4                   1,120               0                   126                 0                   9                   875                 0
     Shark                        7                   605                 0                   219                 0                   4                   224                 0
     Tuna                         10                  590                 0                   71                  0                   4                   275                 0

[[Page 63561]]

 
     Billfish                     3                   179                 0                   57                  0                   2                   73                  1,000
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SRP                               ..................  ..................  ..................  ..................  ..................  ..................  ..................  ..................
     HMS                          4                   485                 1,200               2                   0                   1                   18                  0
     Shark                        2                   400                 0                   284                 0                   2                   670                 0
     Billfish                     1                   0                   500                 0                   0                   0                   0                   0
     Tuna                         0                   0                   0                   0                   0                   1                   12                  0
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Display                           ..................  ..................  ..................  ..................  ..................  ..................  ..................  ..................
     HMS                          1                   89                  0                   2                   0                   2                   90                  0
     Shark                        7                   505                 0                   89                  0                   6                   266                 0
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Total                             39                  3,973               1,700               850                 0                   31                  2,503               1,000
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LOA*                              ..................  ..................  ..................  ..................  ..................  ..................  ..................  ..................
     Shark                        5                   2,853               0                   1,021               0                   7                   3,120               0
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*LOAs are issued for bonafide scientific research activities involved non-ATCA managed species (i.e., sharks). Collections made under an LOAs are not authorized; rather this estimated harvest
  for research is acknowledged by NMFS. Permitees are encouraged to report all fishing activities in a timely manner.

    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, an applicant's reporting history on 
past permits issued, past law enforcement violations, consistency with 
relevant NEPA documents, and any consultations with appropriate 
Regional Fishery Management Councils, states, or Federal agencies. NMFS 
does not anticipate any significant environmental impacts from the 
issuance of these EFPs as assessed in the 1999 FMP.

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

    Dated: November 1, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-22071 Filed 11-8-07; 8:45 am]
BILLING CODE 3510-22-S