[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Pages 63896-63898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25470]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD585


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 Atlantic highly 
migratory species (HMS) in 2015. Exempted fishing permits and related 
permits would authorize collection of a limited number of tunas, 
swordfish, billfishes, and sharks (collectively known as HMS) from 
Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico 
for the purposes of scientific data collection, bycatch research, and 
public display. Chartering permits allow the collection of HMS on the 
high seas or in the Exclusive Economic Zone of other nations under 
certain conditions. Generally, EFPs and related permits will be valid 
from the date of issuance through December 31, 2015, 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 November 26, 2014.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject 
line the following identifier: 0648-XD585.
     Mail: Craig Cockrell, Highly Migratory Species Management 
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503, 
fax: (301) 713-1917.

SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are 
necessary for the collections of HMS for scientific research; the 
acquisition of information and data; the enhancement of safety at sea; 
the purpose of collecting animals for public education or display; and 
the investigation of bycatch, economic discards, and regulatory 
discards. These permits exempt permit holders from regulations (e.g., 
fishing seasons, prohibited species, authorized gear, closed areas, and 
minimum sizes) that may otherwise prohibit the collection of HMS. 
Collection under EFPs, SRPs, LOAs, display, and chartering permits 
represents a small portion of the overall fishing mortality for HMS, 
and this mortality is counted against the quota of the species 
harvested, as appropriate and applicable. The terms and conditions of 
individual permits are unique; however, all permits will include 
reporting requirements, limit the number and/or species of HMS to be 
collected, and only authorize collection in Federal waters of

[[Page 63897]]

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 635.32 govern scientific research activity, exempted 
fishing, chartering arrangements, and exempted public display and 
educational activities with respect to Atlantic HMS. Since the 
Magnuson-Stevens Act does not define fishing to include scientific 
research, 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 generally does not consider recreational or commercial vessels to 
be bona fide research vessels. However, if the vessels have been 
contracted only to conduct research and not participate in any 
commercial or recreational fishing activities during that research, 
NMFS may consider those vessels as bona fide research platforms while 
conducting the specified research. For example, in the past, NMFS has 
determined that commercial pelagic longline vessels assisting with 
population surveys for sharks may be considered ``bona fide research 
vessels'' while engaged only in the specified research. NMFS requests 
copies of scientific research plans for these activities and 
acknowledges the activity by issuing an LOA to researchers to indicate 
that the proposed activity meets the definition of research. 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 which authorize researchers to collect HMS from bona fide 
research vessels for collection of species managed under this statute 
(e.g., tunas, swordfish, billfish, and some species of sharks). One 
example of research conducted under SRPs consists of scientific surveys 
of HMS conducted from NOAA research vessels. EFPs are issued to 
researchers collecting ATCA and Magnuson-Stevens Act-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 2015. 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 regulatory minimum size. NMFS established 
a 60-metric ton (mt) whole weight (ww) (approximately 3,000 sharks, 
although conversion factors, and thus final numbers, differ by species) 
quota for the public display and research of sharks (combined) in the 
final Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks 
(1999 FMP). Out of this 60 mt ww quota, 1.4 mt ww is set aside to 
collect sandbar sharks under a display permit and 1.4 mt ww is set 
aside to collect sandbar sharks under EFPs created in 2008 under 
Amendment 2 to the 2006 Consolidated HMS FMP. Public display of dusky 
sharks is prohibited; NMFS considers collection of dusky sharks for 
research under an EFP and/or SRP on a case-by-case basis. The 
environmental effects of these quotas have been analyzed in conjunction 
with other sources of mortality in the 2006 Consolidated HMS FMP and 
its amendments, and NMFS has determined that harvesting this amount for 
public display and scientific research 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 2013, permits issued by NMFS requested 
approximately 30 percent of the 60 mt ww quota for sharks. Amendment 3 
to the 2006 Consolidated HMS FMP established a separate set-aside quota 
of 6 mt ww for smoothhound sharks (i.e., smooth dogfish, Florida 
smoothhounds, and Gulf smoothhounds) taken for research purposes, which 
would be in addition to the overall 60-mt ww quota for the public 
display and research of all sharks. At this time, the smoothhound shark 
research set-aside quota is not yet effective and their harvest 
resulting from research activities is not yet deducted from the set-
aside quota for public display and research of sharks. However, in 
Amendment 9 to the 2006 Consolidated HMS FMP, NMFS proposes to 
establish an effective date for the research set-aside for smoothhound 
sharks (August 7, 2014, 79 FR 46217). Once Amendment 9 is finalized, 
NMFS expects to issue EFPs and related permits for the public display 
and research of smoothhound sharks, as appropriate.
    The majority of EFPs and related permits described in this annual 
notice relate to scientific sampling and tagging of Atlantic HMS, 
within existing quotas, the impacts of which have been previously 
analyzed in various environmental assessments and environmental impact 
statements for Atlantic HMS. NMFS intends to issue these permits 
without additional opportunity for public comment beyond what is 
provided in this notice. Occasionally NMFS receives applications for 
research activities that were not anticipated, or for research that is 
outside the scope of general scientific sampling and tagging of 
Atlantic HMS, or rarely, for research that is particularly 
controversial. Should NMFS receive such applications; NMFS will provide 
additional opportunity for public comment. Additionally, if the 
application from the purse seine vessel requests exemptions that are 
significantly different than those provided in the 2014 permit, NMFS 
will provide additional opportunity for public comment.
    In 2015, NMFS expects to once again receive an application for an 
EFP from the owner of an Atlantic bluefin tuna purse seine vessel. A 
2014 application requested an exemption from the annual incidental 
purse seine retention limit on the harvest of large medium Atlantic 
bluefin tuna. On June 30, 2014, NMFS published a notice (79 FR 36728) 
requesting comments on the application and the issuance of a permit. 
NMFS received several comments in support of and opposition to that 
EFP, and on August 1, 2014, NMFS issued an EFP to the vessel owner. The 
2014 EFP contained the following terms and conditions: (1) Mandatory 
observer coverage on all trips, (2) all dead bluefin tuna at haul back 
must available to observers for sampling, (3) sub-legal bluefin tuna 
that are released alive and in good condition will not be counted 
against the vessel's quota, (4) any sub-legal bluefin tuna that are 
dead at

[[Page 63898]]

haulback may not be released by the vessel operator, and (5) only the 
observer has discretion over dead sub-legal fish that may be released 
without sampling. NMFS expects to receive a similar request for an EFP 
in 2015 and requests comments, via this notice, on the continuation of 
such an EFP with similar terms and conditions. NMFS will consider the 
information and data gathered through the EFP this year and will 
provide notice and an additional opportunity for public comment on the 
purse seine EFP application if new information warrants additional 
comment or if the application differs substantively from the 2014 
application.
    NMFS is also requesting comments on chartering permits considered 
for issuance in 2015 to U.S. vessels fishing for HMS while operating 
under chartering arrangements with foreign countries. NMFS has not 
issued any chartering permits since 2004. 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)(4) 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 permit 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 2015 and announcing that NMFS will be accepting applications 
is expected to publish in the near future. NMFS requests public comment 
specific to the specifics of this fishery during the comment period of 
this notice.
    The authorized number of species for 2014, as well as the number of 
specimens collected in 2013, is summarized in Table 1. The number of 
specimens collected in 2014 will be available when all 2014 interim and 
annual reports are submitted to NMFS. In 2013, 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 
Permit, or LOA (except for larvae) is counted against the appropriate 
quota. NMFS issued a total of 38 EFPs, SRPs, Display Permits, and LOAs 
in 2013 for the collection of HMS. As of October 9, 2014, NMFS has 
issued a total of 37 EFPs, SRPs, Display Permits, and LOAs.

                                        Table 1--Summary of HMS Exempted Fishing Permits Issued in 2013 and 2014
                                     [``HMS'' refers to multiple species being collected under a given permit type]
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                                                                                2013                                                2014
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                  Permit  type                                               Authorized  Fish  kept/                                          Authorized
                                                    Permits     Authorized     larvae     discarded   Larvae kept    Permits     Authorized     larvae
                                                   issued **   fish  (num)     (num)     dead  (num)      (num)     issued **    fish (num)     (num)
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EFP:
    HMS.........................................            3          229            0           52            0            3          188            0
    Shark.......................................           10        3,239            0          286            0           10        3,145            0
    Tuna........................................            5          327            0            0            0            3        1,677            0
    Billfish....................................            1           30        1,000            1        2,131            0           35        1,000
SRP:
    HMS.........................................            3          941            0            1            0            3          941            0
    Shark.......................................            3        2,132            0            2            0            2        2,008            0
    Tuna........................................            2           80        2,000            0            0            2           80        2,000
Display:
    HMS.........................................            2           94            0           10            0            3           94            0
    Shark.......................................            4          121            0           18            0            3          121            0
                                                 -------------------------------------------------------------------------------------------------------
        Total...................................           32        7,193        3,000          370        2,243           29        8,289        3,000
                                                 -------------------------------------------------------------------------------------------------------
LOA*
    Shark.......................................            6        2,770            0        1,964            0            8        2,770            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.

    Final decisions on the issuance of any EFPs, SRPs, Display Permits, 
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 any prior violations of marine resource laws 
administered by NOAA, 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, the 2006 Consolidated HMS FMP and its amendments, 2011 
Bluefin Tuna Specifications, and 2012 Swordfish Specifications.

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

    Dated: October 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-25470 Filed 10-24-14; 8:45 am]
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