[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Pages 54917-54919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23901]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG514


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; 2019 Research Fishery

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

ACTION: Notice of intent; request for applications.

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SUMMARY: NMFS announces its request for applications for the 2019 shark 
research fishery from commercial shark fishermen with directed or 
incidental shark limited access permits. The shark research fishery 
allows for the collection of fishery-dependent and biological data for 
future stock assessments and to meet the research objectives of the 
Agency. The only commercial vessels authorized to land sandbar sharks 
are those participating in the shark research fishery. Shark research 
fishery permittees may also land other large coastal sharks (LCS), 
small coastal sharks (SCS), smoothhound, and pelagic sharks. Commercial 
shark fishermen who are interested in participating in the shark 
research fishery need to submit a completed Shark Research Fishery 
Permit Application in order to be considered.

DATES: Shark Research Fishery Applications must be received no later 
than December 1, 2018.

ADDRESSES: Please submit completed applications to the HMS Management 
Division at:
     Mail: Attn: Lauren Latchford, HMS Management Division (F/
SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
     Email: [email protected].
    For copies of the Shark Research Fishery Permit Application, please 
write to the HMS Management Division at the address listed above, call 
(301) 427-8503 (phone), or email a request to 
[email protected]. Copies of the Shark Research Fishery 
Application are also available at the HMS website at https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-permits-and-reporting-forms. Additionally, 
please be advised that your application may be released under the 
Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, Gu[yacute] 
DuBeck, or Lauren Latchford at (301) 427-8503 (phone) or email 
[email protected].

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). The 2006 Consolidated HMS 
Fishery Management Plan (FMP), as amended, is implemented by 
regulations at 50 CFR part 635.
    The shark research fishery was established, in part, to maintain 
time series data for stock assessments and to meet NMFS' research 
objectives. 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; evaluation of the utility of the mid-Atlantic 
closed area on the recovery of dusky sharks and collection of hook-
timer and pop-up satellite archival tag (PSAT) information to determine 
at-vessel and post-release mortality of dusky sharks; and collection of 
sharks to determine the weight conversion factor from dressed weight to 
whole weight.
    The shark research fishery allows selected commercial fishermen the 
opportunity to earn revenue from selling additional sharks, including 
sandbar sharks. Only the commercial shark fishermen selected to 
participate in the shark research fishery are authorized to land 
sandbar sharks subject to the sandbar quota available each year. The 
base quota is 90.7 metric tons (mt) dressed weight (dw) per year, 
although this number may be reduced in the event of overharvests, if 
any. The selected shark research fishery permittees will also be 
allowed to land other LCS, SCS, smoothhound, and pelagic sharks 
consistent with any restrictions established on their shark research 
fishery permit. Generally, the shark research fishery permits are valid 
only for the calendar year for which they are issued.
    The specific 2019 trip limits and number of trips per month will 
depend on the availability of funding, number of selected vessels, the 
availability of observers, the available quota, and the objectives of 
the research fishery, and will be included in the permit terms at

[[Page 54918]]

time of issuance. The number of participants in the research fishery 
changes each year. In 2018, six fishermen were chosen to participate. 
From 2008 through 2018, there has been an average of seven participants 
each year with the range from five to eleven. The number of trips 
allowed per month can change, but in the last few years this number has 
remained constant with participating vessels on average been able to 
take one trip per month. However, the number of trips taken per month 
are limited by the scientific and research needs of the Agency and the 
number of NMFS-approved observers available. Participants may also be 
limited on the amount of gear they can deploy on a given set (e.g., 
number of hooks and sets, soak times, length of longline). In recent 
years, participants have been limited to one feeler set with a maximum 
of 150 hooks and one main set with a maximum of 300 hooks. These hook 
limits may change both between years and during the year depending on 
research goals and bycatch limits.
    In the 2018 fishing season, NMFS split 90 percent of the sandbar 
and LCS research fishery quotas equally among selected participants, 
with each vessel allocated 13.6 mt dw (29,994 lb dw) of sandbar shark 
research fishery quota and 7.5 mt dw (16,535 lb dw) of other LCS 
research fishery quota. The remaining quota was held in reserve to 
ensure the overall sandbar and LCS research fishery quotas were not 
exceeded. NMFS also established a regional dusky bycatch limit, which 
was implemented in 2013, specific to this small research fishery, where 
once three or more dusky sharks were brought to the vessel dead in any 
of four regions across the Gulf of Mexico and Atlantic through the 
entire year, any shark research fishery permit holder in that region 
was not able to soak their gear for longer than 3 hours. If, after the 
change in soak time, there were two additional dusky shark interactions 
(alive or dead) observed, shark research fishery permit holders were 
not able to make a trip in that region for the remainder of the year, 
unless otherwise permitted by NMFS. There were slightly different 
measures established for shark research fishery participants in the 
mid-Atlantic shark closed area in order to allow NMFS observers to 
place satellite archival tags on dusky sharks and collect other 
scientific information on dusky sharks while also minimizing any dusky 
shark mortality.
    Participants were also required to land any dead sharks, unless 
they were a prohibited species, in which case they were required to 
discard them. All prohibited species must be released, unless the 
observer requests that the shark be retained for research purposes. If 
the regional non-blacknose SCS, blacknose, and/or pelagic shark 
commercial management group quotas were closed, then any shark research 
fishery permit holder fishing in the region was required to discard all 
of the species from the closed management groups regardless of 
condition. Any sharks, except prohibited species or species from closed 
commercial management groups, caught and brought to the vessel alive 
could be released alive or landed. In addition, as established in the 
shark research fishery permits, participants were restricted by the 
number of longline sets as well as the number of hooks they could 
deploy and have on board the vessel. The vessels participating in the 
shark research fishery took on average 12 trips in 2017, but the 
timing, and number of the trips varied based on seasonal availability 
of certain species and individual allocated quotas.
    In order to participate in the shark research fishery, commercial 
shark fishermen need to submit a completed Shark Research Fishery 
Application by the deadline noted above (see DATES) showing that the 
vessel and owner(s) meet the specific criteria outlined below.

Research Objectives

    Each year, the research objectives are developed by a shark board, 
which is comprised of representatives within NMFS, including 
representatives from the Southeast Fisheries Science Center (SEFSC) 
Panama City Laboratory, Northeast Fisheries Science Center Narragansett 
Laboratory, the Southeast Regional Office Protected Resources Division, 
and the HMS Management Division. The research objectives for 2019 are 
based on various documents, including the 2012 Biological Opinion for 
the Continued Authorization of the Atlantic Shark Fisheries and the 
Federal Authorization of a Smoothhound Fishery, as well as recent stock 
assessments for the U.S. South Atlantic blacknose, U.S. Gulf of Mexico 
blacknose, U.S. Gulf of Mexico blacktip, sandbar, and dusky sharks (all 
these stock assessments can be found at http://sedarweb.org/). The 2019 
research objectives are:
     Collect reproductive, length, sex, and age data from 
sandbar and other sharks throughout the calendar year for species-
specific stock assessments;
     Monitor the size distribution of sandbar sharks and other 
species captured in the fishery;
     Continue on-going tagging shark programs for 
identification of migration corridors and stock structure using dart 
and/or spaghetti tags;
     Maintain time-series of abundance from previously derived 
indices for the shark bottom longline observer program;
     Sample fin sets (e.g., dorsal, pectoral) from prioritized 
species to further develop fin identification guides;
     Acquire fin-clip samples of all shark and other species 
for genetic analysis;
     Attach satellite archival tags to endangered smalltooth 
sawfish to provide information on critical habitat and preferred depth, 
consistent with the requirements listed in the take permit issued under 
section 10 of the Endangered Species Act to the SEFSC observer program;
     Attach satellite archival tags to prohibited dusky and 
other sharks, as needed, to provide information on daily and seasonal 
movement patterns, and preferred depth;
     Evaluate hooking mortality and post-release survivorship 
of dusky, hammerhead, blacktip, and other sharks using hook-timers and 
temperature-depth recorders;
     Evaluate the effects of controlled gear experiments in 
order to determine the effects of potential hook changes to prohibited 
species interactions and fishery yields;
     Examine the size distribution of sandbar and other sharks 
captured throughout the fishery including in the Mid-Atlantic shark 
time/area closure off the coast of North Carolina from January 1 
through July 31;
     Develop allometric and weight relationships of selected 
species of sharks (e.g., hammerhead, sandbar, blacktip shark); and
     Collect samples such as liver and muscle plugs for stable 
isotope analysis as a part of a trophic level-based ecosystem study.

Selection Criteria

    Shark Research Fishery Permit Applications will only be accepted 
from commercial shark fishermen who hold a current directed or 
incidental shark limited access permit. While incidental permit holders 
are welcome to submit an application, to ensure that an appropriate 
number of sharks are landed to meet the research objectives for this 
year, NMFS will give priority to directed permit holders as recommended 
by the shark board. As such, qualified incidental permit holders will 
be selected only if there are not enough qualified directed permit 
holders to meet research objectives.

[[Page 54919]]

    The Shark Research Fishery Permit Application includes, but is not 
limited to, a request for the following information: Type of commercial 
shark permit possessed; past participation and availability in the 
commercial shark fishery (not including sharks caught for display); 
past involvement and compliance with HMS observer programs per 50 CFR 
635.7; past compliance with HMS regulations at 50 CFR part 635; past 
and present availability to participate in the shark research fishery 
year-round; ability to fish in the regions and season requested; 
ability to attend necessary meetings regarding the objectives and 
research protocols of the shark research fishery; and ability to carry 
out the research objectives of the Agency. Preference will be given to 
those applicants who are willing and available to fish year-round and 
who affirmatively state that they intend to do so, in order to ensure 
the timely and accurate data collection NMFS needs to meet this year's 
research objectives. An applicant who has been charged criminally or 
civilly (e.g., issued a Notice of Violation and Assessment (NOVA) or 
Notice of Permit Sanction) for any HMS-related violation will not be 
considered for participation in the shark research fishery. In 
addition, applicants who were selected to carry an observer in the 
previous two years for any HMS fishery, but failed to contact NMFS to 
arrange the placement of an observer as required per 50 CFR 635.7, will 
not be considered for participation in the 2019 shark research fishery. 
Applicants who were selected to carry an observer in the previous two 
years for any HMS fishery and failed to comply with all the observer 
regulations per 50 CFR 635.7 will also not be considered. Exceptions 
will be made for vessels that were selected for HMS observer coverage 
but did not fish in the quarter when selected and thus did not require 
an observer. Applicants who do not possess a valid USCG safety 
inspection decal when the application is submitted will not be 
considered. Applicants who have been non-compliant with any of the HMS 
observer program regulations in the previous two years, as described 
above, may be eligible for future participation in shark research 
fishery activities by demonstrating two subsequent years of compliance 
with observer regulations at 50 CFR 635.7.

Selection Process

    The HMS Management Division will review all submitted applications 
and develop a list of qualified applicants from those applications that 
are deemed complete. A qualified applicant is an applicant that has 
submitted a complete application by the deadline (see DATES) and has 
met the selection criteria listed above. Qualified applicants are 
eligible to be selected to participate in the shark research fishery 
for 2019. The HMS Management Division will provide the list of 
qualified applicants without identifying information to the SEFSC. The 
SEFSC will then evaluate the list of qualified applicants and, based on 
the temporal and spatial needs of the research objectives, the 
availability of observers, the availability of qualified applicants, 
and the available quota for a given year, will randomly select 
qualified applicants to conduct the prescribed research. Where there 
are multiple qualified applicants that meet the criteria, permittees 
will be randomly selected through a lottery system. If a public meeting 
is deemed necessary, NMFS will announce details of a public selection 
meeting in a subsequent Federal Register notice.
    Once the selection process is complete, NMFS will notify the 
selected applicants and issue the shark research fishery permits. The 
shark research fishery permits will be valid through December 31, 2019, 
unless otherwise specified. If needed, NMFS will communicate with the 
shark research fishery permit holders to arrange a captain's meeting to 
discuss the research objectives and protocols. NMFS usually holds 
mandatory captain's meetings before observers are placed on vessels and 
may hold one for the 2019 shark research fishery in late 2018 or early 
2019. Once the fishery starts, the shark research fishery permit 
holders must contact the NMFS observer coordinator to arrange the 
placement of a NMFS-approved observer for each shark research trip. 
Additionally, selected applicants are expected to allow observers the 
opportunity to perform their duties as required and assist observers as 
necessary.
    A shark research fishery permit will only be valid for the vessel 
and owner(s) and terms and conditions listed on the permit, and, thus, 
cannot be transferred to another vessel or owner(s). Shark research 
fishery permit holders must carry a NMFS-approved observer in order to 
land sandbar sharks. Issuance of a shark research permit does not 
guarantee that the permit holder will be assigned a NMFS-approved 
observer on any particular trip. Rather, issuance indicates that a 
vessel may be issued a NMFS-approved observer for a particular trip, 
and on such trips, may be allowed to harvest Atlantic sharks, including 
sandbar sharks, in excess of the retention limits described in 50 CFR 
635.24(a). These retention limits will be based on available quota, 
number of vessels participating in the 2019 shark research fishery, the 
research objectives set forth by the shark board, the extent of other 
restrictions placed on the vessel, and may vary by vessel and/or 
location. When not operating under the auspices of the shark research 
fishery, the vessel would still be able to land LCS, SCS, and pelagic 
sharks subject to existing retention limits on trips without a NMFS-
approved observer.
    NMFS annually invites commercial shark permit holders (directed and 
incidental) to submit an application to participate in the shark 
research fishery. Permit applications can be found on the HMS 
Management Division's website at https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-permits-and-reporting-forms or by calling (301) 427-8503. Final 
decisions on the issuance of a shark research fishery permit will 
depend on the submission of all required information by the deadline 
(see DATES), and NMFS' review of applicant information as outlined 
above. The 2019 shark research fishery will start after the opening of 
the shark fishery and under available quotas as published in a separate 
Federal Register final rule.

    Dated: October 29, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-23901 Filed 10-31-18; 8:45 am]
 BILLING CODE 3510-22-P