[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75458-75461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30400]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA008


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 2011. In general, EFPs and 
related permits would authorize collection 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 on 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, 2011, 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 January 3, 2011.

ADDRESSES: Comments may be submitted by any of the following methods:
     E-mail: [email protected]. Include in the subject line 
the following identifier: 0648-XA008.
     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,

[[Page 75459]]

fax: (301) 713-1917, or Jackie Wilson at (240) 338-3936.

SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are 
necessary for the collection of HMS for public display and scientific 
research that is exempt from regulations (e.g., seasons, prohibited 
species, authorized gear, and minimum sizes) that may prohibit the 
collection of live animals or biological samples. Collection for 
scientific research and display represents a small portion of the 
overall fishing mortality for HMS, and this mortality is counted 
against the quota of the species harvested. 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 (e.g., 
most species of sharks) and not under ATCA. NMFS requests copies of 
scientific research plans for these activities and indicates 
concurrence by issuing a 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 
include 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 from regulation under ATCA. NMFS 
issues SRPs for collection of species managed under this statute (e.g., 
tunas, swordfish, billfish, and some species of sharks), 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 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 these tags. Examples of research conducted under EFPs 
include 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 is also seeking public comment on its intent to issue Display 
Permits for the collection of sharks and other HMS for public display 
in 2010. Collection of sharks and other HMS sought for public display 
in aquaria 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 
were 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 
mt ww (2 mt dressed weight (dw)): 1.39 mt ww for public display and 
1.39 mt ww for scientific research. Furthermore, Amendment 2 to the 
2006 Consolidated HMS FMP 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 the quota allocated to 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 harvested for display and research has remained under the annual 
60 mt ww quota every year since establishment of the quota. In 2009, 
approximately 69 percent of the sharks authorized for public display 
and scientific research purposes were actually harvested or discarded 
dead. Amendment 3 to the 2006 Consolidated HMS FMP also established a 
separate set-aside quota for smoothhounds (i.e., smooth dogfish and 
Florida smoothhounds) taken for research purposes. As of 2012, federal 
regulations regarding smoothhounds will go into effect, and therefore, 
scientific research or exempted fishing permits may be required for 
research involving smoothhounds. A separate set-aside of 6 mt ww (4.3 
mt dw) annually was established, which was based on the estimates of 
maximum yearly smoothhound takes for research from 1999-2009. This set-
aside does not change the overall 60 mt ww quota for the public display 
and research of sharks and will be in effect in 2012.
    NMFS may also consider applications for bycatch reduction research 
in closed areas 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. For example, NMFS is considering the creation of an 
electronic monitoring (EM) pilot program that could allow commercial 
fishing vessels outfitted with EM gear to conduct limited fishing trips 
inside closed areas to test the effectiveness of such a system as a 
means of monitoring bycatch. If NMFS decides to move forward with such 
a program, NMFS would provide the public with an opportunity to 
comment, as necessary and appropriate.
    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

[[Page 75460]]

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. This research 
concluded on September 30, 2010, and a final report is forthcoming. 
NMFS does not intend to issue any additional permits as a result of 
this research.
    Comments are also requested on the issuance of Chartering Permits 
to U.S. vessels fishing for HMS while operating under chartering 
arrangements. A chartering arrangement is a contract or agreement 
between a U.S. vessel owner and a foreign entity by which the control, 
use, or services of a vessel are secured for a period of time for 
fishing for Atlantic HMS. Before fishing under a chartering 
arrangement, the owner of the U.S. fishing vessel must apply for a 
Chartering Permit. The vessel chartering regulations can be found at 50 
CFR 635.5(a)(5) and 635.32(e).
    In addition, Amendment 2 to the 2006 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 2011 
published on September 20, 2010 (75 FR 57259).
    The authorized number of species for 2010, as well as the number of 
specimens collected in 2009, is summarized in Table 1. The number of 
specimens collected in 2010 will be available when all 2010 interim and 
annual reports are submitted to NMFS. In 2009, 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, and sharks taken under SRPs. 
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. As for sharks taken under 
SRPs, 550 of the sharks taken were Atlantic sharpnose sharks collected 
during research trips using longline gear; it is also difficult to 
control the number and species of animals collected when using this 
gear type. However, as Atlantic sharpnose sharks were not found to be 
overfished nor have overfishing occurring during its most recent stock 
assessment in 2007, these collections are not expected to have any 
impacts on Atlantic sharpnose populations.
    In all cases, mortality associated with an EFP, SRP, Display, or 
LOA (except for larvae) is counted against the appropriate quota. NMFS 
issued a total of 25 EFPs, SRPs, Display Permits, and LOAs in 2009 for 
the collection of HMS. As of October 2010, NMFS has issued a total of 
21 EFPs, SRPs, Display Permits, and LOAs. These do not include permits 
that were issued for research related to the Deepwater Horizon/BP oil 
spill in the Gulf of Mexico. To date, an additional nine permits and/or 
amendments to permits already issued under the exempted fishing program 
have been issued for research related to the oil spill in the Gulf of 
Mexico.

     Table 1--Summary of HMS Exempted Permits Issued in 2009 and 2010. ``HMS'' Refers to Multiple Species Being Collected Under a Given Permit Type
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                                                                                  2009                                                   2010
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                                                                        Authorized   Fish kept/
                Permit type                    Permits     Authorized     larvae      discarded    Larvae kept     Permits     Authorized    Authorized
                                               issued      fish (Num)     (Num)      dead (Num)       (Num)       issued**     fish (Num)   larvae (Num)
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EFP:
    HMS...................................             6        1,273            0             6             0             1           454             0
    Shark.................................             4          304            0             0             0             8           755             0
    [dagger]Tuna..........................             4          395            0             4             0             5           295             0
    [dagger]Billfish......................             1           20        1,000             0         4,300             2             0         1,000
SRP:
    Shark.................................             4          454            0           812             0             1           140             0
Display:
    HMS...................................             2          135            0            33             0             2          1537             0
    Shark.................................             4          140            0            13             0             2           107             0
                                           -------------------------------------------------------------------------------------------------------------
        Total.............................            25        2,721        1,000           868         4,300            21         1,904         1,000
LOA*:
    Shark.................................             5        3,025            0           966             0             6         4,140             0
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*LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections made under
  an LOA 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.
[dagger]The number of animals and larvae authorized under 2009 Tuna and Billfish EFPs was erroneously published in the 2009 notice (74 FR 61105,
  November 23, 2009). The correct number of authorizations is shown here.
**2010 permits issued listed in Table 1 do not include permits issued solely for research related to the Deepwater Horizon/BP oil spill research in the
  Gulf of Mexico.

    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

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issuance of these EFPs as assessed in the 1999 FMP and Amendment 2 to 
the 2006 Consolidated HMS FMP.

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

    Dated: November 30, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-30400 Filed 12-2-10; 8:45 am]
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