[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75458-75461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30400]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA008
Atlantic Highly Migratory Species; Exempted Fishing, Scientific
Research, Display, and Chartering Permits; Letters of Acknowledgment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its intent to issue Exempted Fishing Permits
(EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of
Acknowledgment (LOAs), and Chartering Permits for the collection of
Atlantic Highly Migratory Species (HMS) in 2011. In general, EFPs and
related permits would authorize collection of a limited number of
tunas, swordfish, billfishes, and sharks from Federal waters in the
Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of
scientific data collection and public display. Chartering permits allow
the collection of HMS on the high seas or in the Exclusive Economic
Zone of other nations. Generally, these permits will be valid from the
date of issuance through December 31, 2011, unless otherwise specified,
subject to the terms and conditions of individual permits.
DATES: Written comments on these activities received in response to
this notice will be considered by NMFS when issuing EFPs and related
permits and must be received on or before January 3, 2011.
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: [email protected]. Include in the subject line
the following identifier: 0648-XA008.
Mail: Craig Cockrell, Highly Migratory Species Management
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
Fax: (301) 713-1917.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 713-2347,
[[Page 75459]]
fax: (301) 713-1917, or Jackie Wilson at (240) 338-3936.
SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are
necessary for the collection of HMS for public display and scientific
research that is exempt from regulations (e.g., seasons, prohibited
species, authorized gear, and minimum sizes) that may prohibit the
collection of live animals or biological samples. Collection for
scientific research and display represents a small portion of the
overall fishing mortality for HMS, and this mortality is counted
against the quota of the species harvested. The terms and conditions of
individual permits are unique; however, all permits will include
reporting requirements, limit the number and 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 50 CFR 635.32 govern scientific research activity,
exempted fishing, chartering arrangements, and exempted educational
activities with respect to Atlantic HMS. Since the Magnuson-Stevens Act
does not consider scientific research to be ``fishing,'' scientific
research is exempt from this statute, and NMFS does not issue EFPs for
bona fide research activities (e.g., research 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 requests copies of
scientific research plans for these activities and indicates
concurrence by issuing a LOA to researchers to indicate that the
proposed activity meets the definition of research and is therefore
exempt from regulation. Examples of research conducted under LOAs
include tagging and releasing of 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 studies.
Scientific research is not exempt from regulation under ATCA. NMFS
issues SRPs for collection of species managed under this statute (e.g.,
tunas, swordfish, billfish, and some species of sharks), which
authorize researchers to collect HMS from bona fide research vessels.
One example of research conducted under SRPs consists of scientific
surveys of HMS conducted from the NOAA research vessels. EFPs are
issued to researchers collecting ATCA-managed species and conducting
research from commercial or recreational fishing vessels. NMFS
regulations concerning the implantation or attachment of archival tags
in Atlantic HMS require scientists to report their activities
associated with these tags. Examples of research conducted under EFPs
include deploying pop-up satellite archival tags on billfish, sharks,
and tunas to determine migration patterns of these species; conducting
billfish larval tows to determine billfish habitat use, life history,
and population structure; and determining catch rates and gear
characteristics of the swordfish buoy gear fishery.
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 2010. 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, and
collection of fish below the minimum size for recreational permit
holders. NMFS established a 60-metric ton (mt) whole weight (ww)
(approximately 3,000 sharks) quota for the public display and research
of sharks (combined) in the final Fishery Management Plan (FMP) for
Atlantic Tunas, Swordfish, and Sharks (1999 FMP). The quotas available
for scientific research and public display of sandbar and dusky sharks
were modified in Amendment 2 to the 2006 Consolidated HMS FMP (June 24,
2008, 73 FR 35778; corrected on July 15, 2008 73 FR 40658) in light of
the results of recent stock assessments. The public display and
scientific research quotas for sandbar sharks are now limited to 2.78
mt ww (2 mt dressed weight (dw)): 1.39 mt ww for public display and
1.39 mt ww for scientific research. Furthermore, Amendment 2 to the
2006 Consolidated HMS FMP limited dusky shark collection to bona fide
scientific research and prohibits dusky shark collection for public
display. The rule did not modify the overall 60 mt ww quota; rather, it
adjusted the proportion of the quota allocated to sandbar and dusky
sharks. These quotas have been analyzed in conjunction with other
sources of mortality under Amendment 2 to the 2006 Consolidated HMS
FMP, and NMFS has determined that harvesting this amount for public
display will not have a significant impact on the stocks. The number of
sharks harvested for display and research has remained under the annual
60 mt ww quota every year since establishment of the quota. In 2009,
approximately 69 percent of the sharks authorized for public display
and scientific research purposes were actually harvested or discarded
dead. Amendment 3 to the 2006 Consolidated HMS FMP also established a
separate set-aside quota for smoothhounds (i.e., smooth dogfish and
Florida smoothhounds) taken for research purposes. As of 2012, federal
regulations regarding smoothhounds will go into effect, and therefore,
scientific research or exempted fishing permits may be required for
research involving smoothhounds. A separate set-aside of 6 mt ww (4.3
mt dw) annually was established, which was based on the estimates of
maximum yearly smoothhound takes for research from 1999-2009. This set-
aside does not change the overall 60 mt ww quota for the public display
and research of sharks and will be in effect in 2012.
NMFS may also consider applications for bycatch reduction research
in closed areas of the Atlantic Ocean, Gulf of Mexico, and Caribbean
Sea to test gear modifications and fishing techniques aimed to avoid
incidental capture of non-target species. These permits may require
further National Environmental Policy Act (NEPA) analyses. NMFS will
seek additional public comment on these applications, as necessary,
unless the research is being conducted from bona fide scientific
research vessels. For example, NMFS is considering the creation of an
electronic monitoring (EM) pilot program that could allow commercial
fishing vessels outfitted with EM gear to conduct limited fishing trips
inside closed areas to test the effectiveness of such a system as a
means of monitoring bycatch. If NMFS decides to move forward with such
a program, NMFS would provide the public with an opportunity to
comment, as necessary and appropriate.
On January 3, 2008, NMFS announced a final decision to issue EFPs
to conduct research in portions of the East Florida Coast (EFC) and
Charleston Bump closed areas using a limited number of pelagic longline
(PLL) vessels. The goals of the research are to collect baseline data
in closed areas under current PLL fishery conditions; evaluate existing
PLL bycatch reduction measures; and collect data to examine the
effectiveness of existing PLL area closures to meet current
conservation and harvesting goals. As part of this research, NMFS
issued EFPs to three PLL vessels, only two of which may fish at any one
time, to conduct 289 PLL sets consisting of
[[Page 75460]]
500, 18/0 non-offset circle hooks each, over a 12-month period. One-
half of the sets will be made inside the closed areas and one-half of
the sets will be made outside of the closed areas. All participating
vessels are required to carry NMFS-certified observers. This research
concluded on September 30, 2010, and a final report is forthcoming.
NMFS does not intend to issue any additional permits as a result of
this research.
Comments are also requested on the issuance of Chartering Permits
to U.S. vessels fishing for HMS while operating under chartering
arrangements. A chartering arrangement is a contract or agreement
between a U.S. vessel owner and a foreign entity by which the control,
use, or services of a vessel are secured for a period of time for
fishing for Atlantic HMS. Before fishing under a chartering
arrangement, the owner of the U.S. fishing vessel must apply for a
Chartering Permit. The vessel chartering regulations can be found at 50
CFR 635.5(a)(5) and 635.32(e).
In addition, Amendment 2 to the 2006 Consolidated HMS FMP
implemented a shark research fishery. This research fishery is
conducted under the auspices of the exempted fishing program. Research
fishery permit holders assist NMFS in collecting valuable shark life
history data and data for future shark stock assessments. Fishermen
must fill out an application for a shark research permit under the
exempted fishing program to participate in the shark research fishery.
Shark research fishery participants are subject to 100 percent observer
coverage in addition to other terms and conditions. A Federal Register
notice describing the objectives for the shark research fishery in 2011
published on September 20, 2010 (75 FR 57259).
The authorized number of species for 2010, as well as the number of
specimens collected in 2009, is summarized in Table 1. The number of
specimens collected in 2010 will be available when all 2010 interim and
annual reports are submitted to NMFS. In 2009, the number of specimens
collected was less than the number of authorized specimens for most
permit types, with the exception of the number of larvae collected
under billfish exempted fishing permits, and sharks taken under SRPs.
It is difficult to control the quantity of larvae that may be collected
when sampling fish larvae. However, the impacts of these collections on
fish populations are not expected to be significant given the high
level of natural mortality of fish larvae. As for sharks taken under
SRPs, 550 of the sharks taken were Atlantic sharpnose sharks collected
during research trips using longline gear; it is also difficult to
control the number and species of animals collected when using this
gear type. However, as Atlantic sharpnose sharks were not found to be
overfished nor have overfishing occurring during its most recent stock
assessment in 2007, these collections are not expected to have any
impacts on Atlantic sharpnose populations.
In all cases, mortality associated with an EFP, SRP, Display, or
LOA (except for larvae) is counted against the appropriate quota. NMFS
issued a total of 25 EFPs, SRPs, Display Permits, and LOAs in 2009 for
the collection of HMS. As of October 2010, NMFS has issued a total of
21 EFPs, SRPs, Display Permits, and LOAs. These do not include permits
that were issued for research related to the Deepwater Horizon/BP oil
spill in the Gulf of Mexico. To date, an additional nine permits and/or
amendments to permits already issued under the exempted fishing program
have been issued for research related to the oil spill in the Gulf of
Mexico.
Table 1--Summary of HMS Exempted Permits Issued in 2009 and 2010. ``HMS'' Refers to Multiple Species Being Collected Under a Given Permit Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
2009 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized Fish kept/
Permit type Permits Authorized larvae discarded Larvae kept Permits Authorized Authorized
issued fish (Num) (Num) dead (Num) (Num) issued** fish (Num) larvae (Num)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP:
HMS................................... 6 1,273 0 6 0 1 454 0
Shark................................. 4 304 0 0 0 8 755 0
[dagger]Tuna.......................... 4 395 0 4 0 5 295 0
[dagger]Billfish...................... 1 20 1,000 0 4,300 2 0 1,000
SRP:
Shark................................. 4 454 0 812 0 1 140 0
Display:
HMS................................... 2 135 0 33 0 2 1537 0
Shark................................. 4 140 0 13 0 2 107 0
-------------------------------------------------------------------------------------------------------------
Total............................. 25 2,721 1,000 868 4,300 21 1,904 1,000
LOA*:
Shark................................. 5 3,025 0 966 0 6 4,140 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
*LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections made under
an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. Permitees are encouraged to report all fishing
activities in a timely manner.
[dagger]The number of animals and larvae authorized under 2009 Tuna and Billfish EFPs was erroneously published in the 2009 notice (74 FR 61105,
November 23, 2009). The correct number of authorizations is shown here.
**2010 permits issued listed in Table 1 do not include permits issued solely for research related to the Deepwater Horizon/BP oil spill research in the
Gulf of Mexico.
Final decisions on the issuance of any EFPs, SRPs, Display, and
Chartering Permits will depend on the submission of all required
information about the proposed activities, NMFS's review of public
comments received on this notice, an applicant's reporting history on
past permits issued, past law enforcement violations, 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
[[Page 75461]]
issuance of these EFPs as assessed in the 1999 FMP and Amendment 2 to
the 2006 Consolidated HMS FMP.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: November 30, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-30400 Filed 12-2-10; 8:45 am]
BILLING CODE P