[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66163-66166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23850]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC435]


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; 2023 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 2023 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 Permit Applications must be received no 
later than December 2, 2022.

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 Permit Application are also available at the highly 
migratory species (HMS)

[[Page 66164]]

website at https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-exempted-fishing-permits. 
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 
or Delisse Ortiz at (301) 427-8530, or 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 (16 U.S.C. 1801 et 
seq.) and the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.). 
The 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and 
its amendments are 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 2023 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 2022, five fishermen were chosen to 
participate. From 2008 through 2022, there has been an average of 6 
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 2022, NMFS split 90 percent of the sandbar and LCS research 
fishery quotas equally among selected participants, with 16.3 mt dw 
(35,935 lb dw) of sandbar shark research fishery quota and 9.0 mt dw 
(19,841 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 2023.
    In 2022, 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 2022, 
shark research fishery permit holders were provided more flexibility 
and allowed to retain or discard any non-prohibited 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 eight 
trips in 2022, 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 Permit 
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 2023 are based on various documents, including the May 
2020 Biological Opinion on the Operation of the Atlantic Highly 
Migratory Species Fisheries Excluding 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 2023 research objectives are:
     Collect reproductive, length, sex, and age data from 
sandbar and other

[[Page 66165]]

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 ongoing shark tagging 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);
     Collect samples such as liver and muscle plugs for stable 
isotope analysis as a part of a trophic level-based ecosystem study; 
and
     Examine the feasibility of using electronic monitoring to 
accurately measure soak times of bottom longline sets. This specific 
research objective may require participating vessels to have an 
electronic monitoring system (EM) sensors installed for the duration of 
the 2023 research fishery. During each research trip, the EM sensors 
must be operating. The sensors will be removed after the end of the 
2023 research fishery.

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 Sec.  
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. 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 2 
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 2023 shark research fishery. 
Applicants who were selected to carry an observer in the previous 2 
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 U.S. Coast Guard 
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 2 years, as described 
above, may be eligible for future participation in shark research 
fishery activities by demonstrating 2 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 2023 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, 2023, 
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 2023 shark research fishery in early 2023. 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, and in the beginning, 
if required, to arrange the installation of the specific EM sensor. 
Selected applicants are required to allow observers the opportunity to 
perform their duties and assist observers as necessary. At the end of 
the shark fishery, shark research fishery permit holders must contact 
NMFS or a

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designee to arrange for the removal of the EM sensors.
    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 2023 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. Additionally, during those times, the 
vessel would not need to operate the EM sensors.
    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-exempted-fishing-permits#shark-research-fishery, by calling (301) 427-
8503, or by emailing [email protected]. 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 2023 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 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23850 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-22-P