[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67483-67486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27135]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XK60


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 2009. 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 and public display. Chartering permits allow 
the collection of HMS in the high seas or in the Exclusive Economic 
Zone of other nations. Generally, these permits will be valid from the 
date of issuance through December 31, 2009, 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 15, 2008.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject line 
the following identifier: 0648- XK60.
     Mail: Craig Cockrell, Highly Migratory Species Management 
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.
     Fax: (301) 713-1917.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell, 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 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 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 (i.e., 
sharks) and not under ATCA. NMFS requests copies of scientific research 
plans for these activities and

[[Page 67484]]

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. Examples of research conducted under LOAs 
consist of the tagging and releasing of sharks during bottom longline 
surveys to understand the distribution and seasonal abundance of 
different shark species and collecting and sampling sharks caught 
during trawl surveys for life history studies.
    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. One example of research conducted 
under SRPs consists of scientific surveys of HMS conducted from the 
National Oceanic and Atmospheric Administration's (NOAA) 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. Some examples of 
research conducted under EFPs consist of deploying pop-up satellite 
archival tags on billfish, sharks, and tunas to determine migration 
patterns of these species, conducting billfish larval tows to determine 
billfish habitat use, life history, and population structure, and 
determining catch rates and gear characteristics of the swordfish buoy 
gear fishery.
    NMFS also 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 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 Centers. 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 otherwise discarded 
dead. In 2008, NMFS issued three exempted fishing permits authorizing 
observers to collect HMS while observing commercial fishing activities.
    NMFS is also seeking public comment on its intent to issue Display 
Permits for the collection of sharks and other HMS for public display 
in 2009. Collection of sharks and other HMS sought for public display 
in aquariums often involves collection when the commercial fishing 
seasons are closed, collection of otherwise 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). The quotas available 
for scientific research and public display of sandbar and dusky sharks 
was modified in Amendment 2 to the 2006 Consolidated HMS FMP (June 24, 
2008, 73 FR 35778; corrected on July 15, 2008 73 FR 40658) in light of 
the results of recent stock assessments. The public display and 
scientific research quotas for sandbar sharks are now limited to 2.78 
metric tons (mt) whole weight (ww) (2 mt dressed weight (dw)): 1.39 mt 
ww for public display and 1.39 mt ww for scientific research. 
Furthermore, Amendment 2 limited dusky shark collection to bona fide 
scientific research and prohibits dusky shark collection for public 
display. The rule did not modify the overall 60 mt ww quota, rather; it 
adjusted the proportion of that quota allocated for sandbar and dusky 
sharks. These quotas have been analyzed in conjunction with other 
sources of mortality under Amendment 2 to the 2006 Consolidated HMS 
FMP, and NMFS has determined that harvesting this amount for public 
display will not have a significant impact on the stocks. The number of 
sharks actually harvested for display and research has remained under 
the annual 60 mt ww quota every year since inception of the quota. In 
2007, approximately 32 percent of the sharks authorized for public 
display and scientific research purposes were actually harvested or 
discarded dead.
    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. On January 3, 2008, NMFS announced a final decision 
to issue EFPs to conduct research in portions of the East Florida Coast 
(EFC) and Charleston Bump closed areas using a limited number of 
pelagic longline (PLL) vessels. The goals of the research are to 
collect baseline data in closed areas under current PLL fishery 
conditions; evaluate existing PLL bycatch reduction measures; and, 
collect data to examine the effectiveness of existing PLL area closures 
to meet current conservation and harvesting goals. As part of this 
research, NMFS issued EFPs to three PLL vessels, only two of which may 
fish at any one time, to conduct 289 PLL sets consisting of 500, 18/0 
non-offset circle hooks each, over a 12 month period. One-half of the 
sets will be made inside the closed areas and one-half of the sets will 
be made outside of the closed areas. All participating vessels are 
required to carry NMFS-certified observers. The EFPs expire on February 
28, 2009; however, since only approximately 18 percent of the research 
sets have been completed thus far, NMFS will likely re-issue or extend 
the permits in 2009.
    Between February and October 2008, 13 research trips occurred. 
During these trips, 53 PLL sets were made, with 13 sets deployed inside 
the closed areas, 40 sets deployed outside of the closed areas. Inside 
the closed areas, 178 swordfish were kept, 59 swordfish were released 
alive, and 62 swordfish were discarded dead. One yellowfin tuna was 
kept, and one yellowfin tuna was discarded dead. No other tunas were 
caught in the closed areas. Additionally, one blue marlin, one white 
marlin, and four sailfish were captured. The blue and white marlin were 
released alive and three of the four sailfish were discarded dead.
    Outside of the closed areas, 168 swordfish were kept; 20 swordfish 
were released alive; 51 swordfish were discarded dead; 189 bigeye tuna 
were kept; two bigeye tuna were released alive; eight bigeye tuna were 
discarded dead; 31 yellowfin tuna were kept; two yellowfin tuna were 
released alive; one yellowfin tuna was discarded dead; 19 albacore tuna 
were kept; and two albacore tuna were discarded dead. Additionally, 14 
blue marlin were released alive and five discarded dead; four white 
marlin were released alive and three discarded dead; 13 sailfish were 
released alive and seven discarded dead; and five roundscale spearfish/
white marlin were released alive and one discarded dead. No bluefin 
tuna were caught during any of the 53 PLL research sets. Additionally, 
three sea turtles were captured in the research

[[Page 67485]]

fishery. Two leatherback sea turtles were captured on PLL gear deployed 
inside the closed areas, and one loggerhead sea turtle was captured on 
PLL gear deployed outside of the closed areas. All of the sea turtles 
were released alive with no trailing gear attached. There were no 
marine mammal interactions during any of the 53 PLL research sets. The 
research is ongoing and updates will be provided as data become 
available.
    NMFS is considering a request from the Principal Investigator to 
extend the area authorized to conduct PLL research in the EFC closed 
area. The area originally authorized is described in the Final 
Environmental Assessment (EA) to Conduct Scientific Research 
Experiments Using Pelagic Longline Gear in Portions of the EFC and 
Charleston Bump Closed Areas of the Atlantic Ocean, and in the Notice 
of Availability of the Final EA that published in the Federal Register 
on January 3, 2008 (73 FR 450). The requested change would form a new 
western boundary line along 79[deg]50' West Longitude, which is 10 
nautical miles (nmi) west of points six (6) and seven (7) of the 
authorized research area shown in Alternative 3 of the Final EA.
    The requested extension of the boundary 10 nmi to the west of the 
currently authorized research area would enable setting of the gear to 
mirror historical fishing patterns in the EFC and to fulfill the 
scientific objectives of the research by providing PLL vessels with 
sufficient space to conduct the authorized PLL research. The primary 
fishing technique for the PLL fleet that historically fished the U.S. 
waters of the Florida Straits prior to the 2001 closure was to use the 
water moving more slowly inshore of the faster Gulf Stream current as a 
western ``anchor'' that would enable the rest of the gear to the east 
of the anchor point to expand and swing to the northeast during the 
overnight fishing period. This type of anchor would serve as a means to 
help prevent the gear set in the center of the current from drifting 
into the prohibited Bahamian waters to the east within and immediately 
northward of the Florida Straits.
    The additional 10 nmi westward extension of the experimental 
research area of the EFC closed area would not be a large enough area 
to allow for a full PLL set to occur in the area. No more than two full 
sections of gear on any given set would be authorized to be set in the 
expanded area. The current gear configurations used under the EFPs for 
this research results in each section having 70 hooks total, or 140 
hooks for two sections of gear. There would be no change to the overall 
number of authorized vessels, fishing effort, or number of sets 
described in the Final EA, although the location/area for research 
within the EFC would be expanded.
    Based on an analysis of historical data from the PLL logbook and 
PLL observer program from 1995-2000, NMFS has determined that the 
potential increase in catch of target and non-target species in the 
proposed area would be minimal. Specifically, there were no reported 
interactions of sea turtles or marine mammals in the expanded area from 
1995-2000, and on average, one white marlin, four blue marlin, five 
sailfish, and one spearfish were reported caught annually. There were 
an average of 90 swordfish kept and 45 discarded annually in the area. 
NMFS will consider authorizing the requested closed area boundary 
extension after conducting any necessary environmental analyses.
    Comments are also requested on the issuance of Chartering Permits 
to U.S. vessels fishing for HMS while operating under chartering 
arrangements. The vessel chartering regulations can be found at 50 CFR 
635.5(a)(5) and 635.32 (e).
    In addition, Amendment 2 to the Consolidated HMS FMP implemented a 
shark research fishery. This research fishery is conducted under the 
auspices of the exempted fishing program. Research fishery permit 
holders assist NMFS in collecting valuable shark life history data and 
data for future shark stock assessments. Fishermen must fill out an 
application for a shark research permit under the exempted fishing 
program to participate in the shark research fishery. Shark research 
fishery participants are subject to 100 percent observer coverage in 
addition to other terms and conditions. A Federal Register notice 
describing the objectives for the shark research fishery in 2009 and 
requesting applications from potential participants published on 
November 3, 2008 (73 FR 65294).
    The authorized number of species for 2008, as well as the number of 
specimens collected in 2007, is summarized in Table 1. The number of 
specimens collected in 2008 will be available when 2008 interim and 
annual reports are submitted to NMFS. In 2007, the number of specimens 
collected was less than the number of authorized specimens for most 
permit types, with the exception of the number of larvae collected 
under billfish exempted fishing permits. It is difficult to control the 
quantity of larvae that may be collected when sampling fish larvae. 
However, the impacts of these collections on fish populations are not 
expected to be significant given the high level of natural mortality of 
fish larvae. In all cases, mortality associated with an EFP, SRP, 
Display, or LOA (except for larvae) is counted against the appropriate 
quota. A total of 41 EFPs and related permits were issued by NMFS in 
2007 for the collection of HMS. As of September 2008, there have been a 
total of 31 EFPs issued.

                        Table 1. Summary of HMS Exempted Permits Issued in 2007 and 2008.
                  ``HMS'' refers to multiple species being collected under a given permit type.
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                                             2007                                            2008
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                                                          Number of   Number   Number
                  Number of    Number of     Number of   Fish Kept/     of       of      Number of    Number of
                   Permits    Authorized    Authorized    Discarded   Larvae   Permits   Authorized   Authorized
                    Issued       Fish         Larvae        Dead       Kept    Issued       Fish        Larvae
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EFP               .........  ............  ............  ..........  .......  ........  ...........  ...........
HMS               9          875           0             88          0        7         1,703        0
Shark             4          224           0             243         0        4         410          0
Tuna              4          425           0             7           0        4         825          0
Billfish          3          73            1,000         17          6,129    3         95           1,000
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SRP               .........  ............  ............  ..........  .......  ........  ...........  ...........
HMS               1          18            1,200         2           0        1         685          0
Shark             2          670           0             60          0        0         0            0

[[Page 67486]]

 
Billfish          0          0             0             0           0        0         0            0
Tuna              1          12            0             23          0        0         0            0
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Display           .........  ............  ............  ..........  .......  ........  ...........  ...........
HMS               3          90            0             0           0        1         36           0
Shark             6          276           0             71          0        5         239          0
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Total             33         2,663         2,200         511         6,129    25        3,993        1,000
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LOA\*\            .........  ............  ............  ..........  .......  ........  ...........  ...........
Shark             8          3,140         0             87          0        6         2,625        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's 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 and Amendment 2 to 
the Consolidated HMS FMP.

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

    Dated: November 7, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-27135 Filed 11-13-08; 8:45 am]
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