[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Notices]
[Pages 56177-56179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26224]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ61


Atlantic Highly Migratory Species (HMS); Atlantic Shark 
Management Measures; 2010 Research Fishery

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

ACTION: Notice of intent; request for applications.

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SUMMARY: NMFS announces its request for applications for the 2010 shark 
research fishery from commercial shark fishermen with a directed or 
incidental permit. The shark research fishery allows for the collection 
of fishery-dependent data for future stock assessments while also 
allowing NMFS and commercial fishermen to conduct cooperative research 
to meet the shark research objectives for the Agency. The only 
commercial vessels authorized to land sandbar sharks are those 
participating in the shark research fishery. Shark research fishery 
permittees may also land non-sandbar large coastal sharks (LCS), small 
coastal sharks (SCS), and pelagic sharks. Commercial vessels not 
participating in the shark research fishery may only land non-sandbar 
LCS, SCS, and pelagic sharks. Commercial shark fishermen who are 
interested in participating in the shark research fishery need to 
submit a completed Shark Research Fishery Permit Application in order 
to be considered. Generally, these permits will be valid through 
December 31, 2010, unless otherwise specified, subject to the terms and 
conditions of individual permits.

DATES:  Shark Research Fishery Applications must be received no later 
than 5 p.m., local time, on November 30, 2009.

ADDRESSES:  Please submit completed applications to the HMS Management 
Division at:
     Mail: Attn: Guy DuBeck, HMS Management Division (F/SF1), 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
     Fax: (301) 713-1917
    For copies of the Shark Research Fishery Permit Application, please 
write to the HMS Management Division at the address listed above, or 
call (301) 713-2347 (phone), or (301) 713-1917 (fax). Copies of the 
Shark Research Fishery Application are also available at the HMS 
website at http://www.nmfs.noaa.gov/sfa/hms/index.htm.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Guy DuBeck, at 
(301) 713-2347 (phone) or (301) 713-1917 (fax).

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). The Consolidated HMS Fishery 
Management Plan (FMP) is implemented by regulations at 50 CFR Part 635.
    The final rule for Amendment 2 to the Consolidated HMS FMP (73 FR 
35778, June 24, 2008, corrected at 73 FR 40658, July 15, 2008) 
established, among other things, a shark research fishery to maintain 
time series data for stock assessments and to meet NMFS' research 
objectives. The shark research fishery also allows selected commercial 
fishermen the opportunity to earn revenue from selling more sharks, 
including sandbar sharks, than allowed outside of the commercial shark 
fishery. Only the commercial shark fishermen selected to participate in 
the shark research fishery are authorized to land/

[[Page 56178]]

harvest sandbar sharks subject to the sandbar quota available each 
year. The base quota is 87.9 mt dw per year through December 31, 2012, 
although this number may be reduced in the event of overharvests, if 
any. The selected shark research fishery permittees will also have 
access to the non-sandbar LCS, SCS, and pelagic shark quotas. 
Commercial fishermen not participating in the shark research fishery 
may land non-sandbar LCS, SCS, and pelagic sharks subject to retention 
limits and quotas per 50 CFR 635.24 and 635.27, respectively.
    In 2009, selected vessels were allowed a trip limit of 45 sandbar 
sharks and 33 non-sandbar large coastal sharks. The vessels 
participating in the shark research fishery fished an average of 2 
trips per month. The 2010 trip limits and number of trips per month 
will depend on the number of selected vessels, available quota, and 
objectives of the research fishery. Vessels selected for 2010 may not 
all have the same retention limit.
    In order to participate in the shark research fishery, commercial 
shark fishermen need to submit a completed Shark Research Fishery 
Application showing the vessel and owner(s) meet the specific criteria 
outlined below.

Research Objectives

    Each year, NMFS will determine the research objectives for the 
upcoming shark research fishery. The research objectives are developed 
by a shark board, which is comprised of representatives within NMFS 
including representatives from the Southeast Fisheries Science Center 
(SEFSC) Panama City Laboratory, Northeast Fisheries Science Center 
(NEFSC) Narragansett Laboratory, the Southeast Regional Office, 
Protected Species Division (SERO\PSD), and the HMS Management Division. 
The research objectives for 2010 are similar to the research objectives 
for 2009, and the shark board based them on the Southeast Data, 
Assessment and Review (SEDAR) 11, 2005/2006 LCS stock assessment. These 
research objectives include:
     Collect reproductive and age data from sandbar sharks 
throughout the calendar year;
     Collect reproductive and age data for Gulf of Mexico 
blacktip sharks for determination of the reproductive cycle (i.e., 
annual or biennial frequency);
     Collect reproductive and age data from all species of 
sharks for additional species-specific assessments;
     Monitor the size distribution of sandbar sharks and other 
species captured in the fishery;
     Continue on-going tagging programs for identification of 
migration corridors and stock structure;
     Maintain time-series of abundance from previously derived 
indices for the shark BLL observer program;
     Acquire fin-clip samples of all species for genetic 
analysis;
     Attach satellite archival tags to endangered smalltooth 
sawfish to provide information on critical habitat and preferred depth, 
consistent with ESA requirements for such tagging under the SEFSC 
observer program take permit obtained through the 2008 Section 7 
Consultation and Biological Opinion (BiOp) for the Continued 
Authorization of Shark Fisheries (Commercial Shark Bottom Longline, 
Commercial Shark Gillnet and Recreational Shark Handgear Fisheries) as 
Managed under the Consolidated Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks (Consolidated HMS FMP), including 
Amendment 2 to the Consolidated HMS FMP (F/SER/2007/05044);
     Attach satellite archival tags to prohibited dusky sharks 
to provide information on daily and seasonal movement patterns, and 
preferred depth; and,
     Evaluate the effects of controlled gear experiments in 
order to determine the effects of potential hook changes to prohibited 
species interactions and fishery yields.
    In the 2010 shark research fishery, NMFS would like to examine the 
size distribution of sandbar sharks and other species captured in the 
Mid-Atlantic shark time/area closure off the coast of North Carolina 
from January 1 through July 31. The Mid-Atlantic shark time-area 
closure has been in effect since 2005 and NMFS would like to collect 
baseline data in the closed area under current conditions. Also, NMFS 
would like to collect data to examine the effectiveness of existing 
area closures to meet current conservation and harvesting goals.
     Additionally, some objectives were derived from the need for 
tagging studies, collection of genetic material, and controlled bottom 
longline (BLL) experiments to assess the impact of hook changes. The 
shark board decided to use the same objectives given for research in 
2009.

Selection Criteria

    Shark Research Fishery Permit Applications will only be accepted 
from commercial shark fishermen that hold a current directed or 
incidental limited access permit. While incidental permit holders are 
welcome to submit an application, to ensure that an appropriate number 
of sharks are taken to meet the research objectives for this year, NMFS 
will be giving priority to directed permit holders. As such, qualified 
incidental permit holders will only be selected if there are not enough 
qualified directed permit holders to meet research objectives.
    The Shark Research Fishery Permit Application includes, but is not 
limited to, a request for the following information: type of commercial 
shark permit possessed; past participation in the commercial shark 
fishery (not including sharks caught for display); past involvement and 
compliance with HMS observer programs per 50 CFR 635.7; past compliance 
with HMS regulations at 50 CFR part 635; availability to participate in 
the shark research fishery; ability to fish in the regions and season 
requested; ability to attend necessary meetings regarding the 
objectives and research protocols of the shark research fishery; and 
ability to carry out the research objectives of the Agency. An 
applicant that has been charged criminally or civilly (i.e., issued a 
Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction) 
for any HMS-related violation will not be considered for participation 
in the shark research fishery. In addition, applicants who were 
selected to carry an observer in the previous two years for any HMS 
fishery, but failed to communicate with NMFS observer programs in order 
to arrange the placement of an observer before commencing any fishing 
trip that would have resulted in the incidental catch or harvest of any 
Atlantic HMS, per 50 CFR 635.7, will not be considered for 
participation in the 2010 shark research fishery. Applicants who were 
selected to carry an observer in the previous two years for any HMS 
fishery and failed to comply with all the observer regulations per 50 
CFR 635.7, including failure to provide adequate sleeping 
accommodations per 50 CFR 635.7(e)(1), a sufficiently sized survival 
craft per 50 CFR 600.746(f)(6), or failure to pass a USCG safety 
examination per 50 CFR 600.746(c)(2) will also not be considered. 
Exceptions will be made for vessels that were selected for HMS observer 
coverage but did not fish in the quarter when selected. Applicants that 
do not possess a valid Unites States Coast Guard (USCG) safety 
inspection decal when the application is submitted will not be 
considered. Applicants that have been non-compliant with any of the HMS 
observer program regulations in the previous two years, as described 
above, may be eligible for future participation in shark research 
fishery

[[Page 56179]]

activities by demonstrating two subsequent years of compliance with 
observer regulations at 50 CFR 635.7.

Selection Process

    The HMS Management Division will review all submitted applications 
that are deemed complete and develop a list of qualified applicants. A 
qualified applicant is an applicant that has submitted a complete 
application and has met the selection criteria. Qualified applicants 
are eligible to be selected to participate in the shark research 
fishery for 2010. The HMS Management Division will provide the list of 
qualified applicants to the SEFSC. The SEFSC will then evaluate the 
list of qualified applicants and, based on the temporal and spatial 
needs of the research objectives, the availability of qualified 
applicants, and the available quota for a given year, will randomly 
select approximately 10 qualified applicants to conduct the prescribed 
research. Where there are multiple qualified applicants that meet the 
criteria, permittees will be randomly selected through a lottery 
system. If a public meeting is deemed necessary, NMFS will announce 
details of a public selection meeting in a subsequent Federal Register 
notice.
    Once the selection process is complete, NMFS will notify the 
selected applicants and issue the shark research fishery permits. If 
needed, NMFS will communicate with the shark research fishery permit 
holders to arrange a captain's meeting to discuss the research 
objectives and protocols. The shark research fishery permit holders 
must contact the NMFS observer coordinator to arrange the placement of 
a NMFS-approved observer for each shark research trip.
    A shark research fishery permit will only be valid for the vessel 
and owner(s) and terms and conditions listed on the permit, and thus, 
cannot be transferred to another vessel or owner(s). Issuance of a 
shark research permit does not guarantee that the permit holder will be 
assigned a NMFS-approved observer on any particular trip. Rather, 
issuance indicates that a vessel may be issued a NMFS-approved observer 
for a particular trip, and on such trips, may be allowed to harvest 
Atlantic sharks, including sandbar sharks, in excess of the retention 
limits described in 50 CFR 635.24(a). These retention limits will be 
based on available quota, number of vessels participating in the 2010 
shark research fishery, the research objectives set forth by the shark 
board, and may vary by vessel and/or location. When not operating under 
the auspices of the shark research fishery, the vessel would still be 
able to land non-sandbar, SCS, and pelagic sharks subject to existing 
retention limits on trips without a NMFS-approved observer. The shark 
research permit may be revoked or modified at any time and does not 
confer the right to engage in activities beyond those listed on the 
shark research fishery permit.
    Commercial shark permit holders (directed and incidental) are 
invited to submit an application to participate in the shark research 
fishery on an annual basis. Permit applications can be found on the HMS 
Management Division's website at: http://www.nmfs.noaa.gov/sfa/hms/index.htm or by calling (301) 713-2347. Final decisions on the issuance 
of a shark research fishery permit will depend on the submission of all 
required information, and NMFS' review of applicant information as 
outlined above. The 2010 shark research fishery will start after the 
opening of the shark fishery and under available quotas as published in 
a separate Federal Register final rule.

    Dated: October 26, 2009.
Emily H. Menashes,
Deputy Director for Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-26224 Filed 10-29-09; 8:45 am]
BILLING CODE 3510-22-S