[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64452-64454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23174]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC453]


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.

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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 2023. 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, 2023, unless otherwise specified in the 
permit, subject to the terms and conditions of individual permits.

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 25, 2022.

ADDRESSES: Comments may be submitted electronically via the Federal e-
Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-
NMFS-2022-0101'' in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503, 
email: [email protected].

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish, 
swordfish, and sharks) are managed under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 
16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act (ATCA; 16 
U.S.C. 971 et seq.). The 2006 Consolidated Atlantic HMS Fishery 
Management Plan (2006 Consolidated HMS FMP) and its amendments are 
implemented by regulations at 50 CFR part 635. The regulations specific 
to HMS EFPs and related permits can be found at Sec.  635.32.
    NMFS issues EFPs and related permits where 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 activities that NMFS 
has an interest in permitting or acknowledging. Consistent with 50 CFR 
600.745 and 635.32, the 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. Collection of 
HMS under EFPs, SRPs, display permits, and shark research fishery 
permits represents a small portion of the overall fishing mortality for 
HMS, and this mortality is counted against the relevant quota, 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.
    The Magnuson-Stevens Act exempts scientific research conducted by a 
scientific research vessel from the definition of ``fishing.'' NMFS 
issues LOAs acknowledging such bona fide research activities 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 for purposes of the Magnuson-Stevens 
Act. Examples of research acknowledged by

[[Page 64453]]

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 Magnuson-Stevens Act, 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 (i.e., 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-the-year bluefin tuna for genetic 
research from recreational fishing vessels; conducting billfish larval 
tows from private vessels to determine billfish habitat use, life 
history, and population structure; and tagging sharks caught on 
commercial or recreational fishing gear to determine post-release 
mortality rates.
    NMFS also intends to issue display permits for the collection of 
sharks and other HMS for public display in 2023. 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. NMFS published 
the final rule for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 
35778, June 24, 2008; corrected version published July 15, 2008, 73 FR 
40658) which included, among other things, 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 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 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 HMS, or rarely, for research that is 
particularly controversial. NMFS will provide additional opportunity 
for public comment, consistent with the regulations at 50 CFR 600.745, 
should such applications be received by NMFS.
    In addition, this notice invites comments on the shark research 
fishery first implemented through Amendment 2 to the 2006 Consolidated 
HMS FMP. This research fishery is conducted under the auspices of the 
EFP 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. Shark research fishery participants are subject to 100-percent 
observer coverage. In recent years, all non-prohibited shark species 
brought back to the vessel dead have been required to be retained and 
were counted against the appropriate quotas of the shark research 
fishery participant. Additionally, 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). While the specific 
terms and conditions of the 2023 SRF permit have yet to be decided, 
NMFS expects that participants would continue to be limited in the 
number of sets allowed on each trip and the number of hooks allowed on 
each set and on the vessel itself. A Federal Register notice describing 
the specific objectives for the shark research fishery in 2023 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 2023 
during the comment period of this notice.
    The number of specimens that has been authorized thus far under 
EFPs and other related permits for 2022, as well as the number of 
specimens collected in 2021, is summarized in Table 1. The total amount 
of collections in 2021 was within the analyzed quotas for all quota-
managed HMS species. The number of specimens collected in 2022 will be 
available when all 2022 interim and annual reports are submitted to 
NMFS.
    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 38 EFPs, SRPs, display permits, and LOAs in 2021 
for the collection of HMS and 4 shark research fishery permits. As of 
October 4, 2022, NMFS has issued a total of 43 EFPs, SRPs, display 
permits, and LOAs and 5 shark research fishery permits.

                   Table 1--Summary of HMS Exempted Fishing Permits Issued in 2020 and 2021, Other Than Shark Research Fishery Permits
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                                                                                              2021                                     2022
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               Permit type                           Species                              Authorized       Fish kept/                       Authorized
                                                                        Permits issued  fish (numbers)   discarded dead   Permits issued  fish (numbers)
                                                                                              \1\           (numbers)                           \1\
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EFP......................................  HMS........................               5         \2\ N/A                 0               9             626
                                           Shark......................               3         \1\ N/A                 4               2         \1\ N/A
                                           Tuna.......................               1             500                 1               2             500
                                           Swordfish..................               1         \2\ N/A                 9               0               0
SRP......................................  HMS........................               3             770                 0               7           1,101

[[Page 64454]]

 
                                           Shark......................               1           1,010               306               0               0
Display..................................  HMS........................               1              55                 0               2              82
                                           Shark......................               5             287                23               4             270
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    Total................................  ...........................              20           2,122               342              26           2,122
LOA......................................  Shark......................              18         \1\ N/A               246              17         \1\ N/A
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Note: ``HMS'' refers to multiple species being collected under a given permit type.
\1\ Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks or other HMS and were not expected
  to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2022, and will be accounted for
  under the 60-metric ton shark research and display quota.
\2\ These permits are issued to commercial fishermen and the number of species retained are governed by commercial retention limits.

    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 National Environmental Policy Act 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, Amendment 2 to the 
Consolidated HMS FMP, the Environmental Assessment for the 2012 
Swordfish Specifications, the Environmental Assessment for the 2022 
Final Bluefin Tuna Quota and Atlantic Tuna Fisheries Management 
Measures, and the 2022 Zero Atlantic Shortfin Mako Shark Retention 
Limit Final Rule.
    Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

    Dated: October 20, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23174 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-22-P