[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80646-80649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27466]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE943


Atlantic Highly Migratory Species; Exempted Fishing, Scientific 
Research, Display, Shark Research Fishery, 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), shark research fishery permits, and chartering 
permits for Atlantic highly migratory species (HMS) in 2017. EFPs 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, public display, and to evaluate the efficacy of environmental 
clean-up efforts, among other things. LOAs acknowledge that scientific 
research activity aboard a scientific research vessel is being 
conducted. Chartering permits allow the owner of a U.S. fishing vessel 
to fish under a chartering arrangement, which 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 on the high seas or in the Exclusive 
Economic Zone of other nations. Generally, EFPs and related permits 
would be valid from the date of issuance through December 31, 2017, 
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 16, 2016.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject 
line the following identifier: 0648-XE943.
     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.

SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are 
necessary because HMS regulations (e.g., fishing seasons, prohibited 
species, authorized gear, closed areas, and minimum sizes) may 
otherwise prohibit the collection of live animals and/or biological 
samples for data collection and public display purposes or may 
otherwise prohibit certain fishing activity. Pursuant to 50 CFR parts 
600 and 635, a NMFS Regional Administrator or Director may authorize, 
for limited testing, public display, data collection, exploratory 
fishing, compensation fishing, conservation engineering, health and 
safety surveys, environmental cleanup, and/or hazard removal purposes, 
the target or incidental harvest of species managed under an FMP or 
fishery regulations that would otherwise be prohibited. These permits 
exempt permit holders from the specific portions of the regulations 
(e.g., fishing seasons, prohibited species, authorized gear, closed 
areas, and minimum sizes) that may otherwise prohibit the collection of 
HMS for public education, public display, or scientific research. 
Permit holders are not exempted from the regulations in entirety. 
Collection of HMS under EFPs, SRPs, LOAs, display, shark research 
fishery, 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 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. Before issuing 
LOAs, EFPs, or SRPs, NMFS requests, among other things, copies of 
scientific research plans. Because the Magnuson-Stevens Act states that 
scientific research activity which is conducted on

[[Page 80647]]

a scientific research vessel is not fishing, NMFS issues LOAs and not 
EFPs for bona fide research activities (e.g., scientific research being 
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 
acknowledges that the proposed activity meets the definition of 
scientific research under the Magnuson-Stevens Act and not ATCA by 
issuing an LOA to researchers. 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 and bycatch studies.
    While scientific research is exempt under MSA, scientific research 
is not exempt from regulation under ATCA. Therefore, 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 while conducting research from commercial or 
recreational fishing vessels. Examples of research conducted under EFPs 
include collection of young-of-the-year bluefin tuna for genetic 
research; conducting billfish larval tows from private vessels to 
determine billfish habitat use, life history, and population structure; 
determining catch rates and gear characteristics of the swordfish buoy 
gear fishery and the green-stick tuna fishery; and tagging sharks 
caught on commercial or recreational fishing gear to determining post-
release mortality rates.
    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 2017. 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 (e.g., 
sand tiger sharks), and collection of fish below the regulatory minimum 
size. Under Amendment 2 to the 2006 Consolidated Atlantic HMS Fishery 
Management Plan, NMFS determined that dusky sharks cannot be collected 
for public display.
    The majority of EFPs and related permits described in this annual 
notice relate to scientific sampling and tagging of Atlantic HMS within 
existing quotas and the impacts of the activities 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, consistent with the 
regulations at 50 CFR 600.745.
    In 2016, as in recent years, NMFS received several requests from 
researchers who were collaborating with the research group OCEARCH to 
conduct shark research. However, later in the year, NMFS also received 
an application from OCEARCH indicating its intent to conduct shark 
research in collaboration with a number of scientists. Specifically, 
OCEARCH indicated its intent to coordinate all shark research it was 
involved in rather than require each individual scientist to apply for 
and receive their own EFP or SRP. In July 2016, NMFS issued an SRP to 
OCEARCH to tag and collect tissue samples from a variety sharks in 
Federal waters, including white, tiger, great hammerhead, smooth 
hammerhead, bull, sand tiger, shortfin mako, longfin mako, oceanic 
whitetip, blue, silky, and Caribbean reef sharks. Among other research 
conducted under this permit, eight juvenile white sharks were tagged 
with satellite or ``smart position only'' tags off New York in August. 
Because the original permit provided authorization to tag only eight 
white sharks, and because there were still several more research trips 
planned, at the request of the research group, NMFS amended the permit 
to add an additional 25 white sharks in late August. In mid-September, 
OCEARCH moved to Federal waters off the coast of Massachusetts and 
began their tagging and collection activities. Earlier in 2016, because 
the Commonwealth of Massachusetts was in the process of conducting a 
mark-recapture study to assess the population and movement pattern of 
white sharks in their state waters, the Commonwealth of Massachusetts 
denied OCEARCH access to state waters. Once OCEARCH began conducting 
research in Federal waters just outside of Massachusetts state waters, 
the state and other organizations expressed concern regarding the 
potential impact of OCEARCH's tagging activities on the mark-recapture 
study. If OCEARCH requests another group collaboration permit in 2017 
or if individual researchers request the addition of OCEARCH on their 
permit in 2017, NMFS may issue a consolidated permit for all 
researchers utilizing this platform and would consider the concerns 
regarding the mark-recapture study, any concerns expressed during the 
comment period of this notice, and any other relevant information when 
deciding to issue the permit and associated permit conditions. Note, 
however, that the recent final rule modifying archival tag permitting 
and reporting requirements (August 19, 2016, 81 FR 55376) may mean that 
an EFP or SRP may no longer be needed for OCEARCH tagging activities as 
archival tagging activities, which is a primary focus of OCEARCH 
research, no longer require written authorization from NMFS.
    In 2017, NMFS may once again receive an application for an EFP 
regarding purse seine fishing for Atlantic bluefin tuna. NMFS provided 
such an EFP to a purse seine vessel in 2014 and 2015 to study bycatch 
of large medium Atlantic bluefin tuna during otherwise authorized purse 
seine fishing operations. Specifically, the EFPs exempted the vessel 
owner from the retention limits on large medium BFT during otherwise 
authorized fishing operations. NMFS last issued a notice of intent 
regarding a potential purse seine EFP in 2014 (79 FR 63896, October 27, 
2014), and did not receive any comments. NMFS issued the EFP for the 
2015 fishing season on June 5, exempting the vessel from the size 
limit, with the following terms and conditions: (1) Mandatory observer 
coverage on all trips, (2) all dead bluefin tuna at haul back must be 
available to observers for sampling, (3) sub-legal

[[Page 80648]]

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 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.
    Compared to the dead discards that occurred in 2013, while fishing 
under an EFP in 2014 and 2015, the overall reduction in dead discards 
was 69 and 64 percent, respectively. In 2016, NMFS received a similar 
application to the 2015 request but, as of preparation of this notice, 
NMFS had not issued a 2016 EFP because the vessel to be used for the 
exempted fishing had not been issued a valid 2016 Atlantic Tunas permit 
in the Purse Seine category, and thus no otherwise authorized fishing 
could occur warranting a study of associated bycatch. NMFS may receive 
a similar request for an EFP in 2017 and requests comments, via this 
notice, on the continuation of such an EFP with similar terms and 
conditions should the permit holder have a properly permitted Purse 
Seine vessel. If such an application requests exemptions that are 
significantly different than those provided in the 2014 and 2015 
permits, NMFS will provide additional opportunity for public comment.
    NMFS is also requesting comments on chartering permits considered 
for issuance in 2017 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 and must also have been issued all other 
appropriate permits. 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 Fishery 
Management Plan (FMP) implemented a shark research fishery. This 
research fishery is conducted under the auspices of the exempted 
fishing permit program. Shark research fishery permit holders assist 
NMFS in collecting valuable shark life history and other scientific 
data required in shark stock assessments. Since the shark research 
fishery was established in 2008, the research fishery has allowed for: 
The collection of fishery dependent data for current and future stock 
assessments; the operation of cooperative research to meet NMFS' 
ongoing research objectives; the collection of updated life-history 
information used in the sandbar shark (and other species) stock 
assessment; the collection of data on habitat preferences that might 
help reduce fishery interactions through bycatch mitigation; the 
evaluation of the utility of the mid-Atlantic closed area on the 
recovery of dusky sharks; and the collection of hook-timer and pop-up 
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks. Fishermen who wish to participate 
must fill out an application for a shark research permit under the 
exempted fishing program. Shark research fishery participants are 
subject to 100-percent observer coverage. All non-prohibited shark 
species brought back to the vessel dead must be retained and will count 
against the appropriate quotas of the shark research fishery 
participant. During the 2016 shark research fishery, all participants 
were limited to a very small number of dusky shark mortalities on a 
regional basis. Once the number of mortalities occurs in a specific 
region all shark research fishery activities must stop within that 
region. Also, participants are limited to two sets per trip with, one 
set limited to 150 hooks and the second set limited to 300 hooks. All 
participants are also limited to a maximum of 500 hooks onboard the 
vessel with on a shark research fishery trip. A Federal Register notice 
describing the specific objectives for the shark research fishery in 
2017 and requesting applications from interested and eligible shark 
fishermen is expected to publish in the near future. NMFS requests 
public comment regarding NMFS' intent to issue shark research fishery 
permits in 2017 during the comment period of this notice.
    The authorized number of species for 2016, as well as the number of 
specimens collected in 2015, is summarized in Table 1. The number of 
specimens collected in 2016 will be available when all 2016 interim and 
annual reports are submitted to NMFS. In 2015, the number of specimens 
collected was less than the number of authorized specimens for all 
permit types, other than SRPs issued for shark research. The slightly 
higher numbers (21 sharks) are attributed to slightly more interactions 
with Atlantic sharpnose sharks on longline gear than anticipated. It is 
difficult to control the number and species of animals caught when 
using this gear type. These 21 sharks account for approximately 0.1 
percent of the 57.2-mt ww quota available for the collection of most 
shark species under EFPs and related permits. Atlantic sharpnose sharks 
were determined to be not overfished and not experiencing overfishing 
in a 2013 stock assessment. Given the status of the species, the small 
number of Atlantic sharpnose sharks harvested above the authorized 
level, and the fact that the total number of sharks harvested across 
all permits is still less than the overall quota, this overharvest is 
not expected to have negative ecological impacts on the stock.
    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 36 EFPs, SRPs, display permits, and LOAs 
in 2015 for the collection of HMS and a total of 5 shark research 
fishery permits. As of October 4, 2016, NMFS has issued a total of 39 
EFPs, SRPs, display permits, and LOAs and a total of 5 shark research 
fishery permits.

                   Table 1--Summary of HMS Exempted Fishing Permits Issued in 2015 and 2016, Other Than Shark Research Fishery Permits
                                     [``HMS'' refers to multiple species being collected under a given permit type]
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                                                                                2015                                                2016
                                                 -------------------------------------------------------------------------------------------------------
                   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.........................................            4          207            0            5            0            4          247            0
    Shark.......................................           11        1,192            0           79            0           12          721            0

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    Tuna........................................            3          928            0            0            0            4          530            0
    Billfish....................................  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
SRP
    HMS.........................................            1          480            0           57            0            1           42            0
    Shark.......................................            4          875            0          896            0            5        1,165            0
    Tuna........................................            1           60            0            0            0            1           60            0
Display
    HMS.........................................            1           67            0            9            0  ...........  ...........  ...........
    Shark.......................................            3          114            0           17            0            3          109            0
                                                 -------------------------------------------------------------------------------------------------------
        Total...................................           28        3,923            0        1,063            0           30        2,874            0
LOA *
    Shark.......................................            8        2,205            0        1,776            0            9        2,906            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. Permittees are encouraged to report all fishing
  activities in a timely manner.

    Final decisions on the issuance of any EFPs, SRPs, display permits, 
shark research fishery 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, if vessels or applicants 
were 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, the 
Environmental Assessment for the 2012 Swordfish Specifications, and the 
Environmental Assessment for the 2015 Final Bluefin Tuna Quota and 
Atlantic Tuna Fisheries Management Measures.

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

    Dated: November 9, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27466 Filed 11-15-16; 8:45 am]
 BILLING CODE 3510-22-P