[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54724-54726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23791]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG583


Atlantic Highly Migratory Species; Exempted Fishing, Scientific 
Research, Display, and Shark Research Fishery Permits; Letters of 
Acknowledgment

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

ACTION: Notice of intent; request for comments; public webinar.

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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 shark research fishery permits for Atlantic 
highly migratory species (HMS) in 2019. EFPs and related permits would 
authorize collection of a limited number of HMS, including tunas, 
swordfish, billfishes, and sharks, from Federal waters in the Atlantic 
Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific 
research, data collection, the investigation of bycatch, and public 
display, among other things. LOAs acknowledge that scientific research 
activity aboard a scientific research vessel is being conducted. 
Generally, EFPs and related permits would be valid from the date of 
issuance through December 31, 2019, unless otherwise specified, subject 
to the terms and conditions of individual permits. This notice also 
schedules a public webinar/conference call for applicants, during which 
NMFS will provide a general overview of the EFP program and hold a 
question and answer session.

DATES: Written comments 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 30, 2018. NMFS also will host an 
operator-assisted public webinar/conference call on November 14, 2018, 
from 2 p.m. to 4 p.m. EDT, providing an opportunity for applicants to 
listen to a general overview of the EFP program and hold a question and 
answer session.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject 
line the following identifier: 0648-XG583.
     Mail: Craig Cockrell, Highly Migratory Species Management 
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.
    Instructions: The public webinar/conference call information is 
phone number (888) 942-8612; participant passcode 6276326. Participants 
are strongly encouraged to log/dial in 15 minutes prior to the meeting. 
NMFS will show a brief overview presentation via webinar followed by a 
question and answer session: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=ee7c953be8b128d064d6557dbb5e5423b; password: NOAA.

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., regarding 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 that NMFS has an interest 
in permitting or acknowledging. 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 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 their entirety. Collection of HMS under EFPs, SRPs, 
display, and shark research fishery 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, and exempted public display and educational activities with 
respect to Atlantic HMS. Because the Magnuson-Stevens Act states that 
scientific research activity which is conducted on 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. For such 
activities, NMFS reviews scientific research plans and may issue an LOA 
acknowledging that the proposed activity is scientific research under 
the Magnuson-Stevens Act. Examples of research acknowledged by LOAs 
include tagging and releasing 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 not defined as ``fishing'' subject to 
the MSA, scientific research is not exempt from regulation under ATCA. 
Therefore, NMFS issues SRPs that authorize researchers to collect HMS 
from bona fide research vessels for collection of species managed under 
this statute (e.g., tunas, swordfish, and billfish). One example of 
research conducted under SRPs consists of scientific surveys of tunas, 
swordfish and billfish conducted from NOAA research vessels.
    EFPs are issued for activities conducted from commercial or 
recreational fishing vessels. Examples of activities conducted under 
EFPs include collection of young-of-year bluefin tuna for genetic 
research; conducting billfish larval tows from private vessels to 
determine billfish habitat use, life history, and population structure, 
and

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tagging sharks caught on commercial or recreational fishing gear to 
determine 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 2019. 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 to be conducted 
usually have been previously analyzed in various environmental 
assessments and environmental impact statements for Atlantic HMS 
management. In most such cases, 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.
    On June 19, 2017, NMFS received an application for an EFP 
requesting an exemption from the regulations that prohibit the 
retention of bluefin tuna with unauthorized gear onboard. See 50 CFR 
635.19(b). This application was submitted by the Cape Cod Commercial 
Fishermen's Alliance (CCCFA). The applicants suggested that with the 
use of electronic monitoring (EM) and through issuance of an EFP, there 
would be sufficient at-sea monitoring to verify the catch of bluefin 
tuna occurred with authorized gear (e.g., rod and reel and harpoon 
gear) and not on the unauthorized gear onboard the vessel (e.g., 
benthic longline, jigging machines, handgear, demersal gillnet, or 
otter trawl). An EFP was issued to the CCCFA on October 2, 2017 and 
exempted 5 vessels from 50 CFR 635.19(b). The permit was amended twice, 
to extend the expiration date to December 31, 2018 and add an 
additional vessel. To date no fishing has occurred under this permit. 
NMFS expects to receive an application to renew this EFP for 2019. 
Comments are invited specifically on these issues related to issuance 
of a similar permit to the CCCFA this year.
    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; the collection of hook-timer and pop-up 
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks; and the collection of sharks to 
update the weight conversion factor from dressed weight to whole 
weight. Fishermen who wish to participate must fill out an application 
for a shark research fishery 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. In recent years, all 
participants of the shark research fishery were limited to a very small 
number of dusky shark mortalities on a regional basis. Once the 
designated number of dusky shark mortalities occurs in a specific 
region certain terms and conditions are applied (e.g., soak time 
limits). If subsequent interactions occur in the region all shark 
research fishery activities must stop within that region. Participants 
would continue to be 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 while on 
a shark research fishery trip. A Federal Register notice describing the 
specific objectives for the shark research fishery in 2019 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 2019 
during the comment period of this notice.
    The authorized number of specimens that have been authorized thus 
far under EFPs and other related permits for 2018, as well as the 
number of specimens collected in 2017, is summarized in Table 1. The 
number of specimens collected in 2018 will be available when all 2018 
interim and annual reports are submitted to NMFS. In 2017, the number 
of specimens collected was less than the number of authorized specimens 
for all permit types, other than SRPs issued for shark research.
    In all cases, mortalities associated with EFPs, SRPs, or display 
permits (except for larvae) are counted against the appropriate quota. 
NMFS issued a total of 33 EFPs, SRPs, display permits, and LOAs in 2017 
for the collection of HMS and 5 shark research fishery permits. As of 
October 3, 2018, NMFS has issued a total of 39 EFPs, SRPs, display 
permits, and LOAs and 6 shark research fishery permits.

                   Table 1--Summary of HMS Exempted Fishing Permits Issued in 2017 and 2018, Other Than Shark Research Fishery Permits
                                     [``HMS'' refers to multiple species being collected under a given permit type]
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                                                                                             2017                                         2018
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                         Permit type                                                      Authorized   Fish kept/                             Authorized
                                                                 Permits     Authorized     larvae     discarded   Larvae kept    Permits     fish (No.)
                                                                issued **    fish (No.)     (No.)      dead (No.)     (No.)      Issued **        **
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EFP:
    HMS......................................................            4          357            0           17            0            2          162
    Shark....................................................            4           57            0           85            0            4            0

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    Tuna.....................................................            2          350            0            2            0            2          750
SRP:
    HMS......................................................            3          260            0           70            0            6        2,030
    Shark....................................................            1          720            0          300            0            1          487
    Tuna.....................................................            0            0            0            0            0            1            0
Display:
    HMS......................................................            2           88            0            6            0            2           84
    Shark....................................................            5          109            0           38            0            6          185
                                                              ------------------------------------------------------------------------------------------
        Total................................................           21        1,941            0          518            0           24        3,698
LOA: *
    Shark....................................................           12        2,275            0          513            0           15          185
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* LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are estimates of
  harvest under LOAs. Permittees are encouraged to report all fishing activities in a timely manner.
**Atlantic HMS larvae were authorized in one permit for collection but no limit on the number of larvae were set. Some shark EFPs and LOAs were issued
  for the purposes of tagging and the opportunistic sampling of sharks and were not expected to result in large amounts of mortality. Given this some
  mortality may occur throughout 2018 and will be accounted for under the 60 metric ton shark research and display quota.

    Final decisions on the issuance of any EFPs, SRPs, display permits, 
and shark research fishery 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, consistent with the assessment of such 
activities within the environmental impacts analyses in existing HMS 
actions, including 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.
    NMFS is also planning to hold a public webinar/conference call for 
potential applicants to the EFP program due to requests for additional 
information from some of the current applicants and a need to clarify 
some terms and conditions and agency expectations. NMFS will present a 
brief overview of the program, clarify a number of issues we have 
encountered from applicants when they are applying for these permits, 
and conduct a question and answer session. Requests for language 
interpretation or other auxiliary aids should be directed to Craig 
Cockrell at 301-427-8503, at least 7 days prior to the meeting. A NMFS 
representative will attempt to structure the meeting so that all 
attending members of the public will be able to comment if they so 
choose. If attendees do not respect the ground rules they will be asked 
to leave the public webinar/conference call.

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

    Dated: October 26, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-23791 Filed 10-30-18; 8:45 am]
 BILLING CODE 3510-22-P