[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4856-4858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00791]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF086


Atlantic Highly Migratory Species; Exempted Fishing Permits

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

ACTION: Notice of receipt of an application for an exempted fishing 
permit; availability of a draft environmental assessment; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from Dr. David Kerstetter of Nova Southeastern 
University to evaluate pelagic longline (PLL) catch and bycatch rates 
from within two different sub-areas in the northern portion of the East 
Florida Coast Pelagic Longline (PLL) Closed Area (north and south of 
29[deg]50' N. lat.) and compare those rates to rates obtained by 
authorized samplers from outside the EFC PLL Closed Area and the 
availability of a draft Environmental Assessment (EA) analyzing the 
impacts of granting the application to conduct the research using 
commercial PLL vessels, with certain terms and conditions. The overall 
purpose of the research project would be to evaluate PLL catches and 
catch rates of target and non-target species within a portion of the 
EFC PLL Closed Area to evaluate the effectiveness of existing area 
closures at meeting current conservation and management goals under 
current conditions using standardized PLL gear on a specified number of 
commercial vessels.

DATES: Written comments on the issuance of the EFP or on the draft EA 
will be considered by NMFS and must be received on or before February 
16, 2017.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject 
line the following identifier: 0648-XF086.

[[Page 4857]]

     Mail: Margo Schulze-Haugen, Highly Migratory Species 
Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell at (301) 427-8503 or 
Rick Pearson at (727) 824-5399.

SUPPLEMENTARY INFORMATION: NMFS published a notice of intent to issue 
EFPs, Scientific Research Permits, Letters of Acknowledgement, and 
Chartering Permits for Atlantic highly migratory species (HMS) in 2017 
(81 FR 80646, November 16, 2016). Although that notice anticipated a 
variety of applications, it also stated that 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 and that NMFS will provide 
additional opportunity for public comment, consistent with the 
regulations at 50 CFR 600.745 if that were to occur.
    As discussed in the November 2016 notice of intent to issue EFPs 
and related permits, 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 activities that could be undertaken for scientific data 
collection or other valuable purposes. Thus, pursuant to 50 CFR parts 
600 and 635, a NMFS Regional Administrator or Director may issue 
permits to 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. The terms and conditions of individual permits are 
unique. 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.).
    NMFS closed the EFC area to PLL gear year-round in early 2001 (65 
FR 47213, August 1, 2000). The closure was implemented to reduce 
bycatch and incidental catch of overfished and protected species by PLL 
fishermen who target HMS because there was a noticeable difference in 
the bycatch of some non-target species (mainly undersized swordfish) 
between the EFC area and open areas. At the time, Atlantic blue marlin, 
white marlin, sailfish, bluefin tuna, and swordfish were overfished, 
and bycatch reduction was a component of rebuilding efforts. In 
particular, the United States was implementing a 1999 swordfish 
rebuilding plan, and the closure helped reduce bycatch of undersized 
swordfish. Several other laws required that NMFS address bycatch in the 
HMS fisheries, including the Endangered Species Act (ESA), which 
required reductions in sea turtle bycatch in the PLL fishery. National 
Standard 9 of the MSA also requires that fishery management plans 
minimize bycatch and bycatch mortality to the extent practicable.
    The closure has been in place for more than 15 years and, since 
2001, a number of changes in stock status and fishery management 
measures have occurred. Specifically, North Atlantic swordfish has been 
rebuilt since 2009, current international assessments of white marlin 
and Western Atlantic sailfish indicate that overfishing is likely not 
occurring, the PLL fishery has been required since 2004 to use circle 
hooks instead of J-hooks to reduce sea turtle bycatch, and individual 
bluefin tuna quota (IBQ) allocations were implemented in the PLL 
fishery through Amendment 7 to the 2006 Consolidated HMS Fishery 
Management Plan in 2014 (79 FR 71509, December 2, 2014). Allowing 
limited access to the EFC PLL Closed Area for research purposes via an 
EFP would provide important data from the closed area under these 
changed conditions. NMFS has not obtained scientific data related to 
catch and bycatch rates from this area since 2010, and that data 
suggested that more research was needed due to the small sample size 
and poor spatial distribution of PLL sets in the research conducted 
from 2008-2010. The data resulting from the research under this EFP 
would be used to assess current bycatch rates during typical commercial 
fishing operations and to evaluate the effectiveness of the closed area 
in continuing to reduce bycatch of non-target species (e.g., billfish, 
undersized swordfish, prohibited species, and protected species). It 
would also provide more current data about the socio-economic impact of 
reduced catches of target species (swordfish and tunas) as a result of 
the closure, assess changes in species availability and distribution 
over time, and contribute to future stock assessments or other fishery 
management measures. Among the purposes of EFPs in the regulations are 
the ``conduct of scientific research, the acquisition of information 
and data . . ., [and] the investigation of bycatch, economic discard 
and regulatory discard,'' and such an EFP would be in furtherance of 
those purposes (Sec.  635.32(a)(1)).
    NMFS received an application to conduct research within two 
portions of the EFC PLL Closed Area and one portion of the open area 
(for comparative purposes) and has made a preliminary determination 
that it warrants further consideration and an opportunity for public 
comment. The application is available for review on the HMS Management 
Division's Web site at http://www.nmfs.noaa.gov/sfa/hms/compliance/efp/index.html. The research conducted within the EFC PLL Closed Area and 
in the open areas would be carried out by no more than six PLL vessels 
at any one time. An additional seven ``backup'' vessels could be used 
to conduct research as replacements if any mechanical or technical 
issues arise on the other six vessels. The proposed research project 
would be authorized for 12 months and, pending annual review of any 
changed environmental conditions or impacts and of catches and catch 
rates of all species, as well as individual vessel performance, may be 
re-authorized for two additional 12-month periods. A maximum of 1,080 
sets per year (12 months) would be authorized to occur between the six 
vessels, and sets would be distributed evenly between two sub-areas of 
the EFC PLL Closed Area and one open area. Each set would consist of a 
maximum of 750 16/0 or larger circle hooks.
    NMFS invites comment on certain terms and conditions that we 
believe would be appropriate for inclusion on this EFP, if issued. The 
commercial vessels that would be participating in this EFP project are 
otherwise authorized to fish and, absent this EFP, would be conducting 
normal PLL fishing operations in open areas consistent with their past 
practices. NMFS conducted an analysis that compared projected catches 
if vessels were to continue fishing only in open areas (i.e., all 
effort in open areas) versus projected catches from fishing operations 
under the EFP (i.e., \2/3\ effort in closed area and \1/3\ effort in 
open area). The analysis indicated that fishing operations under the 
EFP could result in comparatively higher interactions with

[[Page 4858]]

dusky, silky, and night sharks. Many of the proposed terms and 
conditions are structured to maximize the survival of these shark 
species and to increase the Agency's understanding of these data poor 
stocks. The proposed terms and conditions include:
     During the proposed research project, 33 percent of sets 
occurring in both portions of the EFC PLL Closed Area and in open areas 
would be observed by NMFS-trained NOVA Southeastern University students 
or NMFS-approved observers.
     NMFS would review 100 percent of electronic monitoring 
data for sets occurring in both portions of the EFC PLL Closed Area and 
in open areas.
     After three dusky sharks are discarded dead by a vessel 
participating in the EFP, that vessel would be required to reduce the 
soak time of the gear to no longer than 10 hours when conducting 
fishing operations under the EFP. If, after reducing the soak time to 
no longer than 10 hours, an additional three dusky sharks are discarded 
dead, then that vessel would no longer be authorized to fish in the EFC 
PLL Closed Area under this EFP, if issued, for the remainder of the 12-
month project period, unless otherwise permitted by NMFS.
     All live sharks caught but not being retained must be 
safely sampled (e.g., fin clip) and photographed without removing the 
shark from the water. All fin clips and photographs would be sent to 
the Southeast Fisheries Science Center (SEFSC) for identification 
purposes.
     All sharks that are dead at haul back, including 
prohibited species, and all sharks being retained for sale must be 
biologically sampled (e.g., vertebra and reproductive organs removed) 
to facilitate species identification and collection of life history 
information. All biological samples would be sent to the SEFSC.
     Sets inside and outside of the closed areas would be 
equipped with hook timers, in accordance with protocols established by 
NMFS, to determine when animals were captured and when mortality 
occurs.

Availability of a Draft Environmental Assessment

    NMFS is also announcing the availability of a draft EA that 
analyzes the potential impacts to the human environment of granting 
this EFP application for experimental PLL fishing within northern 
portions of the EFC PLL Closed Area and one area outside the Closed 
Area, as the request is described above. Among other analyzed impacts, 
the draft EA projects the annual catches of all HMS species, as well as 
some non-HMS species interactions, from the EFC PLL Closed Area and 
open areas that could be expected to occur if this EFP is approved. 
Additionally, the draft EA describes NMFS' rationale for the preferred 
alternative and other alternatives under consideration for this 
research. The draft EA may be found on the HMS Management Division's 
Web site at http://www.nmfs.noaa.gov/sfa/hms/compliance/efp/index.html. 
Comments on the draft EA may be submitted via the methods outlined in 
the ADDRESSES section of this notice.

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

    Dated: January 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-00791 Filed 1-13-17; 8:45 am]
 BILLING CODE 3510-22-P