[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64909-64911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25314]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB516]


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; 2022 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 2022 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 to be considered.

DATES: Shark Research Fishery Applications must be received no later 
than December 20, 2021.

ADDRESSES: Please submit completed applications via email to 
[email protected].
    For copies of the Shark Research Fishery Permit Application, please 
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-exempted-fishing-permits. 
Additionally, please be advised that your application may be released 
under the Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, at (301) 427-
8503 (phone) or Delisse Ortiz at (202) 930-1304 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 Atlantic 
HMS Fishery Management Plan (FMP), as amended, is implemented by 
regulations at 50 CFR part 635. Specifics regarding the commercial 
shark quotas and the shark research fishery can be found at Sec. Sec.  
635.27(b) and 635.32(f).
    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, 
it 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 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 for sandbar sharks is 90.7 metric tons (mt) dressed weight 
(dw) per year, although this number may be reduced in the event of 
overharvests. 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.
    One hundred percent observer coverage is required on shark research 
fishery trips. The specific 2022 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 time of issuance. The number of participants in the research 
fishery changes each year. In 2021, four fishermen were chosen to 
participate. From 2008 through 2021, there has been

[[Page 64910]]

an average of six participants each year with the range from 4 to 11. 
The number of trips allowed per month can change, but in the last few 
years participating vessels on average have been able to take one trip 
per month. 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 are also 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). These limits may change both 
between years and during the year depending on research goals and 
bycatch limits.
    In 2021, NMFS split 90 percent of the sandbar and LCS research 
fishery quotas equally among selected participants, with 20.4 mt dw 
(44,973 lb dw) of sandbar shark research fishery quota and 11.3 mt dw 
(24,911 lb dw) of other LCS research fishery quota available to each 
vessel. The remaining quota was held in reserve to ensure the overall 
sandbar and LCS research fishery quotas were not exceeded. It is likely 
NMFS will use this process again for the quota in 2022.
    In 2021, NMFS continued to implement a regional dusky bycatch 
limit, which was first established in 2013, in the shark research 
fishery, applicable to four regions across the Gulf of Mexico and 
Atlantic. Under this limit, when four or more dusky sharks have been 
brought to the vessel dead in a region, shark research fishery permit 
holders in that region were prohibited from soaking their gear for 
longer than 3 hours. If, after the change in soak time, three 
additional dusky shark interactions (alive or dead) were observed, 
shark research fishery permit holders were prohibited from making a 
trip in that region for the remainder of the year, unless otherwise 
permitted by NMFS. Slightly different measures were 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.
    Previously, shark research fishery permit holders were required to 
land any dead sharks, except for prohibited species. However, in 2021, 
shark research fishery permit holders were provided more flexibility 
and allowed to retain or discard any shark, regardless of condition. 
All prohibited species were required to be released, unless the 
observer requested 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. All other sharks, except prohibited species, caught and 
brought to the vessel could be released alive or landed. The vessels 
participating in the shark research fishery averaged 12 trips in 2021, 
but the timing, and number of the trips varied based on seasonal 
availability of certain species and quota available.
    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, the Southeast Regional Office Protected 
Resources Division, and the HMS Management Division. The research 
objectives for 2022 are based on various documents, including the 2020 
Biological Opinion of the Atlantic Shark Fisheries Except Pelagic 
Longline, 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 2022 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;
     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, preferred depth and 
post-release mortality, 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 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.
    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 seasons 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.

[[Page 64911]]

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, 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 
Sec.  635.7, will not be considered for participation in the 2022 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 Sec.  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 Sec.  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 2022 shark research 
fishery. 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, 2022, 
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 2022 shark research fishery in early 2022. Once 
the fishery starts, the shark research fishery permit holders must 
contact NMFS or the NMFS-designee to arrange the placement of a NMFS-
approved observer for each shark research trip. Selected applicants are 
required to allow observers the opportunity to perform their duties 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 on shark 
research fishery trips. 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 Sec.  
635.24(a). Applicable retention limits will be based on available 
quota, number of vessels participating in the 2022 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 2022 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: November 16, 2021.
Ngagne Jafnar Gueye,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-25314 Filed 11-18-21; 8:45 am]
BILLING CODE 3510-22-P