Magnuson-Stevens Act Provisions; Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display Permits, and Chartering Permits, 68557-68560 [E6-20004]
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Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices
salmon ESU) under specific provisions
of the incidental take permit, should
these species be listed in the future.
Green Diamond also has requested a
section 10(a)(1)(A) enhancement of
survival permit from FWS that would
authorize the take of the non-listed
coastal cutthroat trout (O. clarki clarki),
rainbow trout (O. mykiss), southern
torrent salamander (Rhyacotriton
variegatus), and tailed frog (Ascaphus
truei) under specific provisions of the
enhancement of survival permit, should
these species be listed in the future.
On July 11, 2000, the Services
formally initiated an environmental
review of the project through a Notice
of Intent to prepare an EIS in the
Federal Register (65 FR 42674). The
project proponent was Simpson Timber
Company. In December of 2001,
Simpson Timber Company transferred
all of its timberlands to Simpson
Resource Company, and Simpson
Resource Company became the project
proponent. The Notice of Intent also
announced a 30–day public scoping
period, during which other agencies,
tribes, and the public were invited to
provide comments and suggestions
regarding issues and alternatives to be
included in the EIS. Four public scoping
meetings were held over a two-day
period on July 11 and July 12, 2000, in
Eureka and Crescent City, California,
and a series of six informational
meetings with cooperating agencies and
local tribal groups also were held in
August and September 2000.
On August 16, 2002, the Services
published a Notice of Availability of the
Draft Simpson Resource Company
Aquatic Habitat Conservation Plan/
Candidate Conservation Agreement with
Assurances and Draft Environmental
Impact Statement, Del Norte and
Humboldt Counties, California in the
Federal Register (67 FR 53567). The
public review period was scheduled for
90 days from August 16, 2002, to
November 14, 2002. Two public
meetings were held on September 4,
2002, in Eureka, California. A total of 20
oral questions and comments were
received from two public meetings, and
25 comment letters were received,
comprising 1,267 separate comments. A
response to each of these comments is
included in the Final EIS.
Effective May 1, 2004, Simpson
Resource Company, the project
proponent, changed its name to Green
Diamond Resource Company, and the
Final EIS reflects that change.
The Final EIS is intended to
accomplish the following: Inform the
public of the proposed action and
alternatives; disclose the direct,
indirect, and cumulative environmental
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effects of the proposed action and each
of the alternatives; and indicate any
irreversible commitment of resources
that would result from implementation
of the proposed action.
Alternatives
The Final EIS analyzes Green
Diamond’s proposal and four
alternatives. Under the Proposed
Action, the Services would issue the
Permits and Green Diamond would
implement their proposed Plan on
approximately 417,000 acres of Green
Diamond ’s California timberlands.
Under the No Action Alternative,
Permits would not be issued and Green
Diamond would remain subject to the
prohibition on unauthorized taking of
listed species. Under a Listed Species
Only Alternative (Alternative A), the
Services would issue Permits only for
currently listed species. The Simplified
Prescriptions Alternative (Alternative B)
would provide coverage for the same
species as the Proposed Action, with
modified management obligations. The
Expanded Species/Geographic Area
Alternative (Alternative C) would
expand the area of coverage and the
number of species covered under the
Permits.
National Environmental Policy Act
Proposed permit issuance triggers the
need for compliance with the National
Environmental Policy Act (NEPA) and
accordingly the Services have prepared
a joint NEPA document. The Services
are Co-Leads responsible for compliance
under NEPA. As NEPA Co-Lead
agencies, the Services are providing
notice of the availability of the Final EIS
and are making available for public
review the responses to comments on
the Draft EIS.
Public Review
The Services invite the public to
review the Final EIS, Plan, and
Implementing Agreement during a 30–
day waiting period [see DATES]. Any
comments received, including names
and addresses, will become part of the
administrative records and may be made
available to the public.
Our practice is to make comments,
including names, home addresses, home
phone numbers, and email addresses of
respondents, available for public
review. Individual respondents may
request that we withhold their names
and /or homes addresses, etc., but if you
wish us to consider withholding this
information you must state this
prominently at the beginning of your
comments. In addition, you must
present a rationale for withholding this
information. This rationale must
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68557
demonstrate that disclosure would
constitute a clearly unwarranted
invasion of privacy. Unsupported
assertions will not meet this burden. In
the absence of exceptional,
documentable circumstances, this
information will be released. We will
always make submissions from
organization or businesses, and from
individuals identifying themselves as
representatives of or officials of
organizations or businesses, available
for public inspection in their entirety.
The Services will evaluate the
application, associated documents, and
comments submitted to them in
preparation of the two Records of
Decision. Permit decisions will be made
no sooner than 30 days after the
publication of the Final EIS and
completion of the Records of Decision.
This notice is provided pursuant to
section 10(a) of the Federal ESA and the
applicable regulations for implementing
NEPA, as amended (40 CFR 1506.6). We
provide this notice in order to allow the
public, agencies, or other organizations
the opportunity to review these
documents.
Dated: November 16, 2006.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
Dated: November 7, 2006.
Ken McDermond,
Deputy Operations Manager, California/
Nevada Operations Office, Fish and Wildlife
Service, Sacramento, California.
[FR Doc. 06–9408 Filed 11–24–06; 8:45 am]
BILLING CODES 3510–22–S, 4310–55–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 101206B]
Magnuson-Stevens Act Provisions;
Atlantic Highly Migratory Species;
Exempted Fishing, Scientific Research,
Display Permits, and Chartering
Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent; request for
comments.
AGENCY:
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
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Atlantic highly migratory species (HMS)
in 2007. In general, EFPs, SRPs, Display
Permits, and Chartering Permits would
authorize collections of a limited
number of Atlantic tunas, swordfish,
billfishes, and sharks from Federal
waters in the Atlantic Ocean and Gulf
of Mexico for the purposes of scientific
data collection and public display. The
issuance of EFPs to Atlantic billfishes
tournaments for the use of J-hooks to
fish for blue marlin is also discussed in
this notice. Typically, EFPs, SRPs,
LOAs, Display Permits, and Chartering
Permits would be valid from the date of
issuance through December 31, 2007.
DATES: Written comments on these
collection, research, and fishing
activities will be considered by NMFS
when issuing EFPs, SRPs, Display
Permits, and/or Chartering Permits if
received on or before December 27,
2006.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Email: SF1.101206B@noaa.gov.
Include in the subject line the following
identifier: ‘‘I.D. 101206B’’.
• Mail: Margo Schulze-Haugen, Chief,
Highly Migratory Species Management
Division (F/SF1), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
• Fax: (301) 713–1917.
FOR FURTHER INFORMATION CONTACT:
Jackie Wilson, by phone: (404) 806–
7622; or by fax: (404) 806–9188; or Chris
Rilling or Karyl Brewster-Geisz, by
phone: (301) 713–2347; or by fax: (301)
713–1917.
SUPPLEMENTARY INFORMATION: EFPs,
SRPs, Display Permits, and Chartering
Permits are requested and issued under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
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 635.32 govern scientific research
activity, exempted fishing, chartering
arrangements, and exempted
educational activity with respect to
Atlantic HMS. Scientific research is
exempted from regulation under the
Magnuson-Stevens Act, so NMFS does
not issue EFPs for bonafide research
activities (i.e., research conducted from
a research vessel and not a commercial
or recreational fishing vessel) involving
species solely regulated under the
Magnuson-Stevens Act. However,
NMFS requests copies of scientific
research plans, and NMFS indicates
concurrence by issuing an LOA to
researchers to indicate that the proposed
activity meets the definition of research
and is therefore exempt from regulation.
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Scientific research is not exempt under
ATCA. Therefore, NMFS issues SRPs
involving ATCA regulated species to
researchers operating from bonafide
research vessels, and EFPs to
researchers operating from commercial
or recreational fishing vessels.
Issuance of EFPs, SRPs, and Display
Permits may be necessary for the
collection of scientific data and for
public display because the possession of
certain species or size of HMS are
prohibited, possession of billfishes on
board commercial fishing vessels is
prohibited, and/or because the
commercial fisheries for bluefin tuna
and large coastal sharks may be closed
for extended periods, during which time
the collection of live animals and/or
biological samples would be otherwise
prohibited. NMFS regulations at 50 CFR
635.32 regarding the implantation or
attachment of archival tags in Atlantic
HMS require prior authorization and a
report on collection and implantation
activities.
NMFS seeks public comment on its
intent to issue EFPs for the purpose of
collecting biological samples under atsea fisheries observer programs. NMFS
intends to issue EFPs to the Northeast
and Southeast Observer programs to
allow any NMFS employee or NMFSapproved contractor/observer to bring
onboard and possess (for scientific
research purposes, biological sampling,
measurement, etc.) any Atlantic tuna,
swordfish, shark, or billfish provided
the fish is a tagged and recaptured fish,
dead prior to being brought onboard, or
specifically authorized for sampling by
the Director of NMFS’ Office of
Sustainable Fisheries at the request of
the Southeast Fisheries Science Center
or the Northeast Fisheries Science
Center. On average, several hundred
swordfish and sharks are collected by
at-sea observers under such EFPs in any
given year. Collection of bluefin tuna for
age and growth, genetic, and spawning
information by at-sea-observers began in
2005.
NMFS received public comments on
the final Environmental Impact
Statement for the final Consolidated
HMS Fishery Management Plan
regarding the new requirement for
billfish tournaments to use only circle
hooks when fishing natural baits and
natural bait/artificial lure combinations
(October 2, 2006; 71 FR 58058). The
commenters claimed that circle hooks
are not necessary to reduce post-release
injury and mortality of blue marlin
when fishermen use either natural bait/
artificial lure combinations or with
heavy tackle (line test > 80 lb) trolling
at fast speeds. In response to comments,
NMFS stated that it would issue EFPs
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for billfish tournaments to collect
additional scientific data on the impacts
of J-hooks when fishing for blue marlin.
NMFS has received comments during
the HMS Advisory Panel meeting
(October 3–4, 2006) as well as from
billfish tournament directors that
tournaments are not appropriate venues
to collect scientific data due to the lack
of standardized fishing practices and
tournament operations. Accordingly,
NMFS is continuing to examine more
appropriate means of obtaining
scientific data on the impacts of J-hooks
when fishing for blue marlin. As such,
NMFS is still considering the value of
issuing EFPs to tournaments for this
type of data collection. The Agency’s
decision on the issuance of these EFPs
as well as alternative avenues NMFS
might pursue to evaluate the impacts of
J-hooks when fishing for blue marlin
will be published in a future Federal
Register notice.
NMFS is also seeking public comment
on its intent to issue Display Permits for
the collection of restricted species of
sharks for public display in 2007. In the
final 1999 Fishery Management Plan
(FMP) for Atlantic Tunas, Swordfish,
and Sharks (1999 FMP), NMFS
established a 60 metric ton wet weight
quota for the public display and
research of sharks (combined). NMFS
preliminarily determined that, based on
average weight of sharks landed,
approximately 3,000 sharks could be
taken with this current quota. The
actual number of sharks taken depends
on the species and size of the sharks
collected. NMFS believes that
harvesting this amount for public
display will have a minimal impact on
the stock and that the number of sharks
harvested for display and research will
remain under the annual 60 metric ton
quota. Future rulemaking may reevaluate this quota in light of the results
of recent shark stock assessments.
Specifically, landings of sandbar sharks
and dusky sharks collected under the
auspices of an EFP, SRP, Display
Permit, or LOA may be restricted more
in 2007 than in previous years given the
results of the shark stock assessments.
In 2006, eight Display Permits were
issued, authorizing the collection of 292
large coastal, 156 small coastal, and 64
prohibited sharks for display purposes.
The total number reported as actually
taken will not be known until early
2007. In 2005, of the 258 large coastal,
60 small coastal, and 72 prohibited
sharks authorized for collection via the
issuance of seven Display Permits, only
37 large coastal sharks, 53 small coastal
sharks (48 of which were Atlantic
sharpnose), and 4 prohibited species
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Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices
were reported taken from Federal
waters. In 2005, 2.22 percent of the
shark display and research quota was
used for public display collections.
Authorized collections or exemptions
may involve activities otherwise
prohibited by regulations implementing
the final Consolidated HMS FMP
(October 2, 2006; 71 FR 58058). Display
Permits, SRPs, and EFPs, if issued, may
authorize recipients to fish for and
possess tunas, billfish, swordfish, and
sharks outside the applicable Federal
commercial seasons, size limits and/or
retention limits; to fish for and possess
prohibited species; or to fish for and
possess HMS collected for research
purposes in closed areas. NMFS may
consider exempted fishing applications
for bycatch reduction research in closed
regions 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. Any proposed
research activities must be consistent
with all applicable laws and regulations.
NMFS will seek additional public
submitted to NMFS in early 2007. In
2005, the number of specimens
collected were greater than the number
of authorized specimens for Billfish
EFPs. This was due to more larvae from
plankton tows and whole swordfish
from commercial pelagic longline
vessels being collected than anticipated
by scientific researchers. Otherwise, the
number of specimens collected was less
than the number of authorized
specimens. In all cases, mortality
associated with an EFP, SRP, Display
Permits, or LOA (except for larvae) were
counted against the appropriate quota.
A total of 32 exempted permits were
issued by NMFS in 2005 for the
collection of HMS, whereas the number
of permits issued in 2006 increased to
37 permits. In both 2005 and 2006, the
greatest number of exempted permits
issued were Tuna EFPs followed by
Shark Display Permits. HMS SRPs had
the greatest number of specimens
authorized for collection in 2005 and
2006 (mainly for the collection of
larvae).
comment on proposals that may be
deemed controversial unless the
research is being conducted by NOAA
scientific researchers from bonafide
NOAA research vessels.
Comments are also requested on the
issuance of Chartering Permits to vessels
fishing for HMS while operating under
chartering arrangements within the EEZ
of other nations. Chartering Permits
allow a U.S. fishing vessel to fish in a
manner consistent with another
country’s regulations without violating
U.S. regulations and ensure that such
vessels report to the proper authorities,
consistent with International
Commission for the Conservation of
Atlantic Tunas (ICCAT)
recommendations. To date, NMFS has
only issued one Chartering Permit for a
pelagic longline vessel.
Table 1 summarizes the number of
exempted permits and authorized
collections in 2005 and 2006, as well as
the number of specimens collected in
2005. The number of specimens
collected in 2006 will be available when
all of the 2006 annual reports are
TABLE 1. SUMMARY OF HMS EXEMPTED PERMITS ISSUED IN 2005 AND 2006. ‘‘HMS’’ REFERS TO MULTIPLE SPECIES
BEING COLLECTED UNDER A GIVEN PERMIT TYPE.
2005
Number of
Permits
Issued
2006
Number of
Authorized
Fish
Number of
Authorized
Larvae
Number of
Fish Taken
Number of
Larvae
Taken
Number of
Permits
Issued
Number of
Authorized
Fish
Number of
Authorized
Larvae
EFP
HMS3
Shark
Tuna
Billfish
4
5
7
2
677
882
859
175
200
0
0
450
47
457
378
1901
0
0
0
6162
4
6
9
3
1,100
605
590
179
0
0
0
0
SRP
HMS3
Shark
Billfish
4
3
0
611
850
0
2,500
0
0
26
19
0
524
0
0
4
2
1
485
400
0
1,200
0
500
Display
HMS3
Shark
1
6
98
379
0
0
0
94
0
0
1
7
89
505
0
0
32
4,531
3,150
1,211
1,140
37
3,953
1,700
4
2,484
0
37
0
1
2,853
0
Total
LOA4
Shark
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1. Overage was due to an overage in collection of swordfish on commercial pelagic longline vessels.
2. Number of larvae collected are difficult to determine upon collection; larvae samples are collected, preserved and counted at a later date, so
applicants cannot determine if they have exceeded their authorized limit at the time of collection.
3. The discrepancies in the number of authorized specimens listed in the 2005 notice (70 FR 71467) and this notice are due to a calculation
error in the 2005 notice and the inclusion of additional species in this notice (i.e., the inclusion of ‘‘other tunas’’ comprised of albacore, bigeye,
blackfin, skipjack, and yellowfin tuna).
4. Collections made under an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. All sources of
mortality are accounted against the appropriate quota.
Final decisions on the issuance of any
EFPs, SRPs, Display Permits, and
Chartering Permits will depend on the
submission of all required information
about the proposed activities, NMFS’
review of public comments received on
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this notice, consistency with relevant
applicable laws and regulations, and
any consultations with appropriate
Regional Fishery Management Councils,
states, or Federal agencies.
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All requests for EFPs, SRPs, Display
Permits, and Chartering Permits of a
type or nature not addressed in this
Federal Register notice will have a
separate notice filed and separate public
comment period.
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Authority: 16 U.S.C. 971 et seq. and 16
U.S.C. 1801 et seq.
Dated: November 21, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E6–20004 Filed 11–24–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 112006E]
Mid-Atlantic Regional Fishery
Management Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
SUMMARY: The Mid-Atlantic Regional
Fishery Management Council (Council);
its Joint Dogfish Committee; its
Ecosystems Committee; and, its Squid,
Mackerel, Butterfish Committee will
hold public meetings.
DATES: The meetings will be held on
Tuesday, December 12, 2006 through
Thursday, December 14, 2006. See
SUPPLEMENTARY INFORMATION for specific
dates and times and a meeting agenda.
ADDRESSES: This meeting will be held at
the Skyline Hotel, 725 10th Ave, New
York, New York 10019; telephone: (212)
586–3400.
Council address: Mid-Atlantic
Regional Fishery Management Council,
300 S. New Street, Dover, DE 19904;
telephone: (302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, Executive Director,
Mid-Atlantic Regional Fishery
Management Council; telephone: (302)
674–2331, extension 19.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with NOTICES
Tuesday, December 12, 2006
8 a.m. until 9:30 a.m. - The Joint
Dogfish Committee will meet to review
actions taken by the Atlantic States
Marine Fisheries Commission (ASMFC)
regarding dogfish management and their
impacts on federal management of
dogfish.
9:30 a.m. until 12 noon - The Council
will convene jointly with the ASMFC’s
Summer Flounder, Scup, and Black Sea
Bass Board. They will review and
discuss the Monitoring Committee’s and
the Advisory Panel’s recommendations
on summer flounder recreational
management measures, and develop and
approve management measures for the
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Jkt 211001
2007 summer flounder recreational
fishery.
1 p.m. until 3 p.m. - The Council and
the ASMFC will review and discuss the
Monitoring Committee’s and the
Advisory Panel’s recommendations on
scup recreational management measures
and develop and approve management
measures for the 2007 scup recreational
fishery.
3 p.m. until 5 p.m. - The Council and
the ASMFC will review and discuss the
Monitoring Committee’s and the
Advisory Panel’s recommendations on
black sea bass recreational management
measures and develop and approve
management measures for the 2007
black sea bass recreational fishery.
7 p.m. until 9 p.m. - The Council will
host a public hearing to be convened by
the New England Regional Fishery
Management Council regarding its
Amendment 16 to the Northeast
Multispecies Fishery Management Plan
(FMP).
Wednesday, December 13, 2006
8 a.m. until 9:30 a.m. - The
Ecosystems Committee will meet to:
review an initiative to develop a
national system of Marine Protected
Areas (MPAs), discuss a proposed
NMFS Workshop on reducing postrelease mortality in recreational
fisheries, discuss the ASMFC’s
establishment of a Multispecies
Technical Committee, discuss the
Ecosystem-Based Management Tool
Network, and discuss the U.S. Navy’s
Draft Environmental Impact Statement
(DEIS) regarding testing of active sonar
in federal waters.
9:30 a.m. until 12 noon - The Council
and ASMFC will discuss Summer
Flounder, Scup, and Black Sea Bass
FMP issues. An update will be received
on the status of Amendment 14 to the
Summer Flounder, Scup, and Black Sea
Bass FMP (scup rebuilding plan), they
will review the revised list of remaining
potential management measures to be
addressed in Amendment 15 to the FMP
to determine the need for future action,
and they will discuss and address the
implications and effects of any potential
disconnect between specifications set by
the Council under Magnuson-Stevens
Act (MSA) authority and those set by
the ASMFC under the Atlantic Coastal
Fisheries Cooperative Management Act
(ACFCMA) authority.
1 p.m. until 1:15 p.m. - There will be
an awards presentation to recognize the
2006 Fisheries Achievement Award and
Ricks E Savage Award winners.
1:15 p.m. until 2:15 p.m. - Meeting
two of Framework 1 to the Surfclam /
Ocean Quahog FMP will convene to
review, select, and approve an
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alternative for implementation of a
Vessel Monitoring System (VMS).
2:15 p.m. until 3 p.m. - A presentation
will be received regarding the New
England Council’s Omnibus Essential
Fish Habitat (EFH) Amendment and its
relationship to and effects on
Framework 4 to the Joint Monkfish
FMP. Following this presentation the
Council will approve an appropriate
range of Monkfish EFH designations.
3 p.m. until 5:30 p.m. - The Council
will meet to review and approve final
actions on Framework 4 to the Monkfish
FMP, and review and approve the
Monkfish incidental catch limits in the
scallop closed areas.
7 p.m. until 9 p.m. - The Council will
host a public hearing to be convened by
the NMFS regarding its Omnibus
Amendment for Standardized Bycatch
Reporting Methodology (SBRM). Note:
This hearing was originally scheduled
for December 12, 2006 at the same
location and time, but was rescheduled
to this date, place, and time.
Thursday, December 14, 2006
8 a.m. until 9:30 a.m. - The Squid,
Mackerel, and Butterfish Committee
will meet regarding Amendment 10 to
the Squid, Mackerel, and Butterfish
FMP to review and adopt management
alternatives for purposes of rebuilding
the butterfish stock.
9:30 a.m. - The Council will convene.
9:30 a.m. until 10 a.m. - The Council
will receive a presentation regarding a
vessel cost survey on fixed costs that is
to be incorporated on a voluntary basis
in the 2007 vessel permit renewal cycle.
10 a.m. until 2 p.m. - The Council will
conduct its regular business session to
approve August and October Council
meeting minutes, approve actions from
the October meeting, receive various
organizational reports, receive
Committee reports and address any new
or continuing business.
Although non-emergency issues not
contained in this agenda may come
before the Council and its Committees
for discussion, these issues may not be
the subject of formal Council or
Committee action during this meeting.
Council and Committee action will be
restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act provided the public has been
notified of the Council’s intent to take
final actions to address such
emergencies.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
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]]>Agencies
[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Notices]
[Pages 68557-68560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20004]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 101206B]
Magnuson-Stevens Act Provisions; Atlantic Highly Migratory
Species; Exempted Fishing, Scientific Research, Display Permits, and
Chartering Permits
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 Chartering Permits for the collection of
[[Page 68558]]
Atlantic highly migratory species (HMS) in 2007. In general, EFPs,
SRPs, Display Permits, and Chartering Permits would authorize
collections of a limited number of Atlantic tunas, swordfish,
billfishes, and sharks from Federal waters in the Atlantic Ocean and
Gulf of Mexico for the purposes of scientific data collection and
public display. The issuance of EFPs to Atlantic billfishes tournaments
for the use of J-hooks to fish for blue marlin is also discussed in
this notice. Typically, EFPs, SRPs, LOAs, Display Permits, and
Chartering Permits would be valid from the date of issuance through
December 31, 2007.
DATES: Written comments on these collection, research, and fishing
activities will be considered by NMFS when issuing EFPs, SRPs, Display
Permits, and/or Chartering Permits if received on or before December
27, 2006.
ADDRESSES: Comments may be submitted by any of the following methods:
Email: SF1.101206B@noaa.gov. Include in the subject line
the following identifier: ``I.D. 101206B''.
Mail: Margo Schulze-Haugen, Chief, Highly Migratory
Species Management Division (F/SF1), NMFS, 1315 East-West Highway,
Silver Spring, MD 20910.
Fax: (301) 713-1917.
FOR FURTHER INFORMATION CONTACT: Jackie Wilson, by phone: (404) 806-
7622; or by fax: (404) 806-9188; or Chris Rilling or Karyl Brewster-
Geisz, by phone: (301) 713-2347; or by fax: (301) 713-1917.
SUPPLEMENTARY INFORMATION: EFPs, SRPs, Display Permits, and Chartering
Permits are requested and issued under the authority of the Magnuson-
Stevens Fishery Conservation and Management 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
635.32 govern scientific research activity, exempted fishing,
chartering arrangements, and exempted educational activity with respect
to Atlantic HMS. Scientific research is exempted from regulation under
the Magnuson-Stevens Act, so NMFS does not issue EFPs for bonafide
research activities (i.e., research conducted from a research vessel
and not a commercial or recreational fishing vessel) involving species
solely regulated under the Magnuson-Stevens Act. However, NMFS requests
copies of scientific research plans, and NMFS indicates concurrence by
issuing an LOA to researchers to indicate that the proposed activity
meets the definition of research and is therefore exempt from
regulation. Scientific research is not exempt under ATCA. Therefore,
NMFS issues SRPs involving ATCA regulated species to researchers
operating from bonafide research vessels, and EFPs to researchers
operating from commercial or recreational fishing vessels.
Issuance of EFPs, SRPs, and Display Permits may be necessary for
the collection of scientific data and for public display because the
possession of certain species or size of HMS are prohibited, possession
of billfishes on board commercial fishing vessels is prohibited, and/or
because the commercial fisheries for bluefin tuna and large coastal
sharks may be closed for extended periods, during which time the
collection of live animals and/or biological samples would be otherwise
prohibited. NMFS regulations at 50 CFR 635.32 regarding the
implantation or attachment of archival tags in Atlantic HMS require
prior authorization and a report on collection and implantation
activities.
NMFS seeks public comment on its intent to issue EFPs for the
purpose of collecting biological samples under at-sea fisheries
observer programs. NMFS intends to issue EFPs to the Northeast and
Southeast Observer programs to allow any NMFS employee or NMFS-approved
contractor/observer to bring onboard and possess (for scientific
research purposes, biological sampling, measurement, etc.) any Atlantic
tuna, swordfish, shark, or billfish provided the fish is a tagged and
recaptured fish, dead prior to being brought onboard, or specifically
authorized for sampling by the Director of NMFS' Office of Sustainable
Fisheries at the request of the Southeast Fisheries Science Center or
the Northeast Fisheries Science Center. On average, several hundred
swordfish and sharks are collected by at-sea observers under such EFPs
in any given year. Collection of bluefin tuna for age and growth,
genetic, and spawning information by at-sea-observers began in 2005.
NMFS received public comments on the final Environmental Impact
Statement for the final Consolidated HMS Fishery Management Plan
regarding the new requirement for billfish tournaments to use only
circle hooks when fishing natural baits and natural bait/artificial
lure combinations (October 2, 2006; 71 FR 58058). The commenters
claimed that circle hooks are not necessary to reduce post-release
injury and mortality of blue marlin when fishermen use either natural
bait/artificial lure combinations or with heavy tackle (line test > 80
lb) trolling at fast speeds. In response to comments, NMFS stated that
it would issue EFPs for billfish tournaments to collect additional
scientific data on the impacts of J-hooks when fishing for blue marlin.
NMFS has received comments during the HMS Advisory Panel meeting
(October 3-4, 2006) as well as from billfish tournament directors that
tournaments are not appropriate venues to collect scientific data due
to the lack of standardized fishing practices and tournament
operations. Accordingly, NMFS is continuing to examine more appropriate
means of obtaining scientific data on the impacts of J-hooks when
fishing for blue marlin. As such, NMFS is still considering the value
of issuing EFPs to tournaments for this type of data collection. The
Agency's decision on the issuance of these EFPs as well as alternative
avenues NMFS might pursue to evaluate the impacts of J-hooks when
fishing for blue marlin will be published in a future Federal Register
notice.
NMFS is also seeking public comment on its intent to issue Display
Permits for the collection of restricted species of sharks for public
display in 2007. In the final 1999 Fishery Management Plan (FMP) for
Atlantic Tunas, Swordfish, and Sharks (1999 FMP), NMFS established a 60
metric ton wet weight quota for the public display and research of
sharks (combined). NMFS preliminarily determined that, based on average
weight of sharks landed, approximately 3,000 sharks could be taken with
this current quota. The actual number of sharks taken depends on the
species and size of the sharks collected. NMFS believes that harvesting
this amount for public display will have a minimal impact on the stock
and that the number of sharks harvested for display and research will
remain under the annual 60 metric ton quota. Future rulemaking may re-
evaluate this quota in light of the results of recent shark stock
assessments. Specifically, landings of sandbar sharks and dusky sharks
collected under the auspices of an EFP, SRP, Display Permit, or LOA may
be restricted more in 2007 than in previous years given the results of
the shark stock assessments. In 2006, eight Display Permits were
issued, authorizing the collection of 292 large coastal, 156 small
coastal, and 64 prohibited sharks for display purposes. The total
number reported as actually taken will not be known until early 2007.
In 2005, of the 258 large coastal, 60 small coastal, and 72 prohibited
sharks authorized for collection via the issuance of seven Display
Permits, only 37 large coastal sharks, 53 small coastal sharks (48 of
which were Atlantic sharpnose), and 4 prohibited species
[[Page 68559]]
were reported taken from Federal waters. In 2005, 2.22 percent of the
shark display and research quota was used for public display
collections.
Authorized collections or exemptions may involve activities
otherwise prohibited by regulations implementing the final Consolidated
HMS FMP (October 2, 2006; 71 FR 58058). Display Permits, SRPs, and
EFPs, if issued, may authorize recipients to fish for and possess
tunas, billfish, swordfish, and sharks outside the applicable Federal
commercial seasons, size limits and/or retention limits; to fish for
and possess prohibited species; or to fish for and possess HMS
collected for research purposes in closed areas. NMFS may consider
exempted fishing applications for bycatch reduction research in closed
regions 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. Any proposed research
activities must be consistent with all applicable laws and regulations.
NMFS will seek additional public comment on proposals that may be
deemed controversial unless the research is being conducted by NOAA
scientific researchers from bonafide NOAA research vessels.
Comments are also requested on the issuance of Chartering Permits
to vessels fishing for HMS while operating under chartering
arrangements within the EEZ of other nations. Chartering Permits allow
a U.S. fishing vessel to fish in a manner consistent with another
country's regulations without violating U.S. regulations and ensure
that such vessels report to the proper authorities, consistent with
International Commission for the Conservation of Atlantic Tunas (ICCAT)
recommendations. To date, NMFS has only issued one Chartering Permit
for a pelagic longline vessel.
Table 1 summarizes the number of exempted permits and authorized
collections in 2005 and 2006, as well as the number of specimens
collected in 2005. The number of specimens collected in 2006 will be
available when all of the 2006 annual reports are submitted to NMFS in
early 2007. In 2005, the number of specimens collected were greater
than the number of authorized specimens for Billfish EFPs. This was due
to more larvae from plankton tows and whole swordfish from commercial
pelagic longline vessels being collected than anticipated by scientific
researchers. Otherwise, the number of specimens collected was less than
the number of authorized specimens. In all cases, mortality associated
with an EFP, SRP, Display Permits, or LOA (except for larvae) were
counted against the appropriate quota. A total of 32 exempted permits
were issued by NMFS in 2005 for the collection of HMS, whereas the
number of permits issued in 2006 increased to 37 permits. In both 2005
and 2006, the greatest number of exempted permits issued were Tuna EFPs
followed by Shark Display Permits. HMS SRPs had the greatest number of
specimens authorized for collection in 2005 and 2006 (mainly for the
collection of larvae).
Table 1. Summary of HMS Exempted Permits Issued in 2005 and 2006. ``HMS'' refers to multiple species being
collected under a given permit type.
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2005 2006
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Number Number Number Number
of Number of Number of of of of Number of Number of
Permits Authorized Authorized Fish Larvae Permits Authorized Authorized
Issued Fish Larvae Taken Taken Issued Fish Larvae
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EFP ........ .......... .......... ...... ...... ....... .......... ..........
HMS\3\ 4 677 200 47 0 4 1,100 0
Shark 5 882 0 457 0 6 605 0
Tuna 7 859 0 378 0 9 590 0
Billfish 2 175 450 190\1\ 616\2\ 3 179 0
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SRP ........ .......... .......... ...... ...... ....... .......... ..........
HMS\3\ 4 611 2,500 26 524 4 485 1,200
Shark 3 850 0 19 0 2 400 0
Billfish 0 0 0 0 0 1 0 500
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Display ........ .......... .......... ...... ...... ....... .......... ..........
HMS\3\ 1 98 0 0 0 1 89 0
Shark 6 379 0 94 0 7 505 0
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Total 32 4,531 3,150 1,211 1,140 37 3,953 1,700
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LOA\4\ ........ .......... .......... ...... ...... ....... .......... ..........
Shark 4 2,484 0 37 0 1 2,853 0
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1. Overage was due to an overage in collection of swordfish on commercial pelagic longline vessels.
2. Number of larvae collected are difficult to determine upon collection; larvae samples are collected,
preserved and counted at a later date, so applicants cannot determine if they have exceeded their authorized
limit at the time of collection.
3. The discrepancies in the number of authorized specimens listed in the 2005 notice (70 FR 71467) and this
notice are due to a calculation error in the 2005 notice and the inclusion of additional species in this
notice (i.e., the inclusion of ``other tunas'' comprised of albacore, bigeye, blackfin, skipjack, and
yellowfin tuna).
4. Collections made under an LOA are not authorized; rather this estimated harvest for research is acknowledged
by NMFS. All sources of mortality are accounted against the appropriate quota.
Final decisions on the issuance of any EFPs, SRPs, Display Permits,
and Chartering Permits will depend on the submission of all required
information about the proposed activities, NMFS' review of public
comments received on this notice, consistency with relevant applicable
laws and regulations, and any consultations with appropriate Regional
Fishery Management Councils, states, or Federal agencies.
All requests for EFPs, SRPs, Display Permits, and Chartering
Permits of a type or nature not addressed in this Federal Register
notice will have a separate notice filed and separate public comment
period.
[[Page 68560]]
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: November 21, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E6-20004 Filed 11-24-06; 8:45 am]
BILLING CODE 3510-22-S
