Atlantic Highly Migratory Species (HMS); Atlantic Shark Management Measures; Research Fishery, 65294-65296 [E8-26156]
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65294
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: October 29, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–26124 Filed 10–31–08; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XH17
Atlantic Highly Migratory Species
(HMS); Atlantic Shark Management
Measures; Research Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent; request for
applications.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: NMFS announces its request
for applications for the 2009 shark
research fishery from commercial shark
fishermen with a directed or incidental
permit. The shark research fishery
allows for the collection of fishery–
dependent data for future stock
assessments while also allowing NMFS
and commercial fishermen to conduct
cooperative research to meet the shark
research objectives for 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 non–sandbar
large coastal sharks (LCS), small coastal
sharks (SCS), and pelagic sharks.
Commercial vessels not participating in
the shark research fishery may only land
non–sandbar LCS, SCS, and pelagic
sharks. Commercial shark fishermen
who are interested in participating in
the shark research fishery need to
submit a completed Shark Research
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
Fishery Permit Application in order to
be considered. Generally, these permits
will be valid through December 31,
2009, unless otherwise specified,
subject to the terms and conditions of
individual permits.
DATES: Shark Research Fishery
Applications must be received no later
than 5 p.m., local time, on December 3,
2008.
ADDRESSES: Please submit completed
applications to the HMS Management
Division at:
• Mail: Attn: Jess Beck, HMS
Management Division (F/SF1), NMFS,
1315 East–West Highway, Silver Spring,
MD 20910.
• Fax: (301) 713–1917
For copies of the Shark Research
Fishery Permit Application, please write
to the HMS Management Division at the
address listed above, or call (301) 713–
2347 (phone), or (301) 713–1917 (fax).
Copies of the Shark Research Fishery
Application are also available at the
HMS website at https://
www.nmfs.noaa.gov/sfa/hms/index.htm.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster–Geisz or Jess Beck, at
(301) 713–2347 (phone) or (301) 713–
1917 (fax).
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the authority of the Magnuson–
Stevens Fishery Conservation and
Management Act (Magnuson–Stevens
Act). The Consolidated HMS Fishery
Management Plan (FMP) is
implemented by regulations at 50 CFR
part 635.
The final rule for Amendment 2 to the
Consolidated HMS FMP (73 FR 35778,
June 24, 2008, corrected at 73 FR 40658,
July 15, 2008) established, among other
things, a shark research fishery to
maintain time series data for stock
assessments and to meet NMFS’ 2009
research objectives. The shark research
fishery also allows selected commercial
fishermen the opportunity to earn
revenue from selling more sharks,
including sandbar sharks, than allowed
in the rest of the commercial shark
fishery. Only the commercial shark
fishermen selected to participate in the
shark research fishery are authorized to
land/harvest sandbars subject to the
sandbar quota available each year. The
base quota is 87.9 mt dw/year through
December 31, 2012, although this
number may be reduced in the event of
overharvests, if any, and 116.6 mt dw/
year starting on January 1, 2013. The
selected shark research fishery
permittees will also have access to the
non–sandbar LCS, SCS, and pelagic
shark quotas. Commercial fishermen not
participating in the shark research
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Fmt 4703
Sfmt 4703
fishery may land non–sandbar LCS,
SCS, and pelagic sharks subject to
retention limits and quotas per 50 CFR
635.24 and 635.27, respectively.
In 2008, selected vessels were allowed
a trip limit of 2,750 lbs dw, of which no
more than 2,000 lbs dw were allowed to
be sandbar sharks. As of October 2008,
vessels participating in the shark
research fishery fished an average of 2
trips per month. The 2009 trip limits
and number of trips per month will
depend on the number of selected
vessels, available quota, and objectives
of the research fishery. Vessels selected
for 2009 may not all have the same
retention limit.
In order to participate in the shark
research fishery, commercial shark
fishermen need to submit a completed
Shark Research Fishery Application
showing the vessel and owner(s) meet
the specific criteria outlined below.
Research Objectives
Each year, NMFS will determine the
research objectives for the upcoming
shark research fishery. 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, Northeast
Fisheries Science Center (NEFSC)
Narragansett Laboratory, the Southeast
Regional Office, Protected Species
Division (SERO\PSD), and the HMS
Management Division. The research
objectives for 2009 are the same as the
research objectives for 2008, and the
shark board based them on the
Southeast Data, Assessment and Review
(SEDAR) 11, 2005/2006 LCS stock
assessment. These research objectives
include:
• collect reproductive and age data
from sandbar sharks throughout the
calendar year;
• collect reproductive and age data for
Gulf of Mexico blacktip sharks for
determination of the reproductive cycle
(i.e., annual or biennial frequency);
• collect reproductive and age data
from all species of sharks for additional
species–specific assessments;
• monitor the size distribution of
sandbar sharks and other species
captured in the fishery;
• continue on–going tagging programs
for identification of migration corridors
and stock structure;
• maintain time–series of abundance
from previously derived indices for the
shark BLL observer program;
• acquire fin–clip samples of all
species for genetic analysis;
• attach satellite archival tags to
endangered smalltooth sawfish to
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
provide information on critical habitat
and preferred depth, consistent with
ESA requirements for such tagging
under the SEFSC observer program take
permit obtained through the 2008
Section 7 Consultation for the
Continued Authorization of Shark
Fisheries (Commercial Shark Bottom
Longline, Commercial Shark Gillnet and
Recreational Shark Handgear Fisheries)
as Managed under the Consolidated
Fishery Management Plan for Atlantic
Tunas, Swordfish, and Sharks
(Consolidated HMS FMP), including
Amendment 2 to the Consolidated HMS
FMP (F/SER/2007/05044);
• attach satellite archival tags to
prohibited dusky sharks to provide
information on daily and seasonal
movement patterns, and preferred
depth; and,
• evaluate the effects of controlled
gear experiments in order to determine
the effects of potential hook changes to
prohibited species interactions and
fishery yields.
Additionally, some objectives were
derived from the need for tagging
studies, collection of genetic material,
and controlled bottom longline (BLL)
experiments to assess the impact of
hook changes. The shark board decided
to use the same objectives given the
short time for research in 2008 (August
to December) and the lack of a new
stock assessment.
Selection Criteria
Shark Research Fishery Permit
Applications will only be accepted from
commercial shark fishermen that hold a
current directed or incidental limited
access permit. While incidental permit
holders are welcome to submit an
application, to ensure that an
appropriate number of sharks are taken
to meet the research objectives for this
year, NMFS will be giving priority to
directed permit holders. As such,
qualified incidental permit holders will
only be selected 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 in
the commercial shark fishery (not
including sharks caught for display);
past involvement and compliance with
HMS observer programs per 50 CFR
635.7; past compliance with HMS
regulations at 50 CFR part 635;
availability to participate in the shark
research fishery; ability to fish in the
regions and season requested; ability to
attend necessary meetings regarding the
objectives and research protocols of the
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
shark research fishery; and ability to
carry out the research objectives of the
Agency. An applicant that has been
charged criminally or civilly (i.e., issued
a Notice of Violation and Assessment
(NOVA) or Notice of Permit Sanction)
for any HMS–related violation will not
be considered for participation in the
shark research fishery. In addition,
applicants who were selected to carry
an observer in the previous two years
for any HMS fishery, but failed to
communicate with NMFS observer
programs in order to arrange the
placement of an observer before
commencing any fishing trip that would
have resulted in the incidental catch or
harvest of any Atlantic HMS, per 50
CFR 635.7, will not be considered for
participation in the 2009 shark research
fishery. Applicants who were selected
to carry an observer in the previous two
years for any HMS fishery and failed to
comply with all the observer regulations
per 50 CFR 635.7, including failure to
provide adequate sleeping
accommodations per 50 CFR 635.7(e)(1),
a sufficiently sized survival craft per 50
CFR 600.746(f)(6), or failure to pass a
USCG safety examination per 50 CFR
600.746(c)(2) will also not be
considered. Exceptions will be made for
applicants that were selected for HMS
observer coverage but did not fish in the
quarter when selected. Applicants that
do not possess a valid Unites States
Coast Guard (USCG) safety inspection
decal when the application is submitted
will not be considered. Applicants that
have been non–compliant with any of
the HMS observer program regulations
in the previous two years, as described
above, may be eligible for future
participation in shark research fishery
activities by demonstrating two
subsequent years of compliance with
observer regulations at 50 CFR 635.7.
Selection Process
The HMS Management Division will
review all submitted applications that
are deemed complete and develop a list
of qualified applicants. A qualified
applicant is an applicant that has
submitted a complete application and
has met the selection criteria. Qualified
applicants are eligible to be selected to
participate in the shark research fishery
for 2009. The HMS Management
Division will provide the list of
qualified applicants 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
qualified applicants, and the available
quota for a given year, will select
approximately 10 qualified applicants to
conduct the prescribed research. Where
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Fmt 4703
Sfmt 4703
65295
there are multiple qualified applicants
that meet the criteria, permittees will be
randomly selected. 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. 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. The
shark research fishery permit holders
must contact the NMFS observer
coordinator to arrange the placement of
a NMFS–approved observer for each
shark research trip.
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). 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 50 CFR
635.24(a). These retention limits will be
based on available quota, number of
vessels participating in the 2009 shark
research fishery, the research objectives
set forth by the shark board, 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 non–sandbar, SCS,
and pelagic sharks subject to existing
retention limits on trips without a
NMFS–approved observer. The shark
research permit may be revoked or
modified at any time and does not
confer the right to engage in activities
beyond those listed on the shark
research fishery permit.
Commercial shark permit holders
(directed and incidental) are invited to
submit an application to participate in
the shark research fishery on an annual
basis. Permit applications can be found
on the HMS Management Division’s
website at: https://www.nmfs.noaa.gov/
sfa/hms/index.htm or by calling (301)
713–2347. Final decisions on the
issuance of a shark research fishery
permit will depend on the submission
of all required information, and NMFS’
review of applicant information as
outlined above. The 2009 shark research
fishery will start after the opening of the
shark fishery and under available quotas
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65296
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
as published in a separate Federal
Register final rule.
FOR FURTHER INFORMATION CONTACT:
Dated: October 28, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–26156 Filed 10–31–08; 8:45 am]
SUPPLEMENTARY INFORMATION:
Lekelia Jenkins, 301–713–2276.
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AX35
Notification of U.S. Fish Quotas and an
Effort Allocation in the Northwest
Atlantic Fisheries Organization (NAFO)
Regulatory Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of U.S. fish quotas
and an effort allocation.
AGENCY:
NMFS announces that fish
quotas and an effort allocation are
available for harvest by U.S. fishermen
in the Northwest Atlantic Fisheries
Organization (NAFO) Regulatory Area.
This action is necessary to make
available to U.S. fishermen a fishing
privilege on an equitable basis.
DATES: Effective January 1, 2009,
through December 31, 2009. Expressions
of interest regarding U.S. fish quota
allocations for all species except 3L
shrimp will be accepted throughout
2009. Expressions of interest regarding
the U.S. 3L shrimp quota allocation, the
3M shrimp effort allocation, and the
3LNO yellowtail flounder to be
transferred by Canada will be accepted
through November 18, 2008.
ADDRESSES: Expressions of interest
regarding the U.S. effort allocation and
quota allocations should be made in
writing to Lekelia Jenkins in the NMFS
Office of International Affairs, at 1315
East–West Highway, Silver Spring, MD
20910 (phone: 301–713–2276, fax: 301–
713–2313, e–mail:
Kiki.Jenkins@noaa.gov).
Information relating to NAFO fish
quotas, NAFO Conservation and
Enforcement Measures, and the High
Seas Fishing Compliance Act (HSFC)
Permit is available from Allison
McHale, at the NMFS Northeast
Regional Office at One Blackburn Drive,
Gloucester, MA 01930 (phone: 978–
281–9103, fax: 978–281–9135, e–mail:
allison.mchale@noaa.gov) and from
NAFO on the World Wide Web at https://
www.nafo.int.
sroberts on PROD1PC70 with NOTICES
SUMMARY:
VerDate Aug<31>2005
16:58 Oct 31, 2008
Jkt 217001
Background
NAFO has established and maintains
conservation measures in its Regulatory
Area that include one effort limitation
fishery as well as fisheries with total
allowable catches (TACs) and member
nation quota allocations. The principal
species managed are cod, flounder,
redfish, American plaice, halibut,
capelin, shrimp, and squid. At the 2008
NAFO Annual Meeting, the United
States received fish quota allocations for
three NAFO stocks and an effort
allocation for one NAFO stock to be
fished during 2009. The species,
location, and allocation (in metric tons
or effort) of these U.S. fishing
opportunities, as found in Annexes I.A,
I.B, and I.C of the 2009 NAFO
Conservation and Enforcement
Measures, are as follows:
(1) Redfish
(2) Squid
(Illex)
(3) Shrimp
(4) Shrimp
NAFO Division 3M
NAFO Subareas 3 & 4
NAFO Division 3L
NAFO Division 3M
69 mt
453 mt
334 mt
1 vessel/100
days
Additionally, the United States may
be transferred up to 1,000 mt of 3LNO
yellowtail flounder from Canada’s quota
allocation for express use by U.S.
vessels if the United States requests a
transfer before January 1 of 2009 or any
succeeding year through 2017. If such a
request is made, an additional 500 mt of
3LNO yellowtail flounder would be
made available on the condition that the
United States transfers its shrimp
allocation to Canada. Participants in this
fishery will be restricted to an overall
bycatch harvest limit for American
plaice equal to 13% of the total
yellowtail fishery.
Further, U.S. vessels may be
authorized to fish any available portion
of the 385 mt allocation of oceanic
redfish in NAFO Subarea 2 and
Divisions 1F and 3K available to NAFO
members that are not also members of
the Northeast Atlantic Fisheries
Commission. Fishing opportunities may
also be authorized for U.S. fishermen in
the ‘‘Others’’ category for: Division
3LNO yellowtail flounder (85 mt);
Division 3NO white hake (500 mt);
Division 3LNO skates (500 mt); and
Division 3O redfish (100 mt. Procedures
for obtaining NMFS authorization are
specified below.
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Frm 00013
Fmt 4703
Sfmt 4703
U.S. Fish Quota Allocations
Expressions of interest to fish for any
or all of the U.S. fish quota allocations,
including the up to 1,500 mt of
yellowtail flounder to be transferred by
Canada under the circumstances
described above, and ‘‘Others’’ category
allocations in NAFO will be considered
from U.S. vessels in possession of, or
eligible for, a valid HSFC permit, which
is available from the NMFS Northeast
Regional Office (see ADDRESSES). All
expressions of interest should be
directed in writing to Lekelia Jenkins
(see ADDRESSES). Letters of interest from
U.S. vessel owners should include the
name, registration, and home port of the
applicant vessel as required by NAFO in
advance of fishing operations. In
addition, any available information on
intended target species and dates of
fishing operations should be included.
To ensure equitable access by U.S.
vessel owners, NMFS may promulgate
regulations designed to choose one or
more U.S. applicants from among
expressions of interest.
Note that vessels issued valid HSFC
permits under 50 CFR part 300 are
exempt from multispecies permit, mesh
size, effort–control, and possession limit
restrictions, specified in 50 CFR 648.4,
648.80, 648.82 and 648.86, respectively,
while transiting the U.S. exclusive
economic zone (EEZ) with multispecies
on board the vessel, or landing
multispecies in U.S. ports that were
caught while fishing in the NAFO
Regulatory Area, provided:
(1) The vessel operator has a letter of
authorization issued by the Regional
Administrator on board the vessel;
(2) For the duration of the trip, the
vessel fishes, except for transiting
purposes, exclusively in the NAFO
Regulatory Area and does not harvest
fish in, or possess fish harvested in, or
from, the U.S. EEZ;
(3) When transiting the U.S. EEZ, all
gear is properly stowed in accordance
with one of the applicable methods
specified in 50 CFR 648.23(b); and
(4) The vessel operator complies with
the HSFC permit and all NAFO
conservation and enforcement measures
while fishing in the NAFO Regulatory
Area.
U.S. 3M Effort Allocation
Expressions of interest in harvesting
the U.S. portion of the 2009 NAFO 3M
shrimp effort allocation (1 vessel/100
days) will be considered from owners of
U.S. vessels in possession of a valid
HSFC permit. All expressions of interest
should be directed in writing to Lekelia
Jenkins (see ADDRESSES).
Letters of interest from U.S. vessel
owners should include the name,
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]]>Agencies
[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65294-65296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26156]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XH17
Atlantic Highly Migratory Species (HMS); Atlantic Shark
Management Measures; Research Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for applications.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its request for applications for the 2009 shark
research fishery from commercial shark fishermen with a directed or
incidental permit. The shark research fishery allows for the collection
of fishery-dependent data for future stock assessments while also
allowing NMFS and commercial fishermen to conduct cooperative research
to meet the shark research objectives for 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 non-sandbar large coastal sharks (LCS), small
coastal sharks (SCS), and pelagic sharks. Commercial vessels not
participating in the shark research fishery may only land non-sandbar
LCS, SCS, 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 in order
to be considered. Generally, these permits will be valid through
December 31, 2009, unless otherwise specified, subject to the terms and
conditions of individual permits.
DATES: Shark Research Fishery Applications must be received no later
than 5 p.m., local time, on December 3, 2008.
ADDRESSES: Please submit completed applications to the HMS Management
Division at:
Mail: Attn: Jess Beck, HMS Management Division (F/SF1),
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Fax: (301) 713-1917
For copies of the Shark Research Fishery Permit Application, please
write to the HMS Management Division at the address listed above, or
call (301) 713-2347 (phone), or (301) 713-1917 (fax). Copies of the
Shark Research Fishery Application are also available at the HMS
website at https://www.nmfs.noaa.gov/sfa/hms/index.htm.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Jess Beck, at
(301) 713-2347 (phone) or (301) 713-1917 (fax).
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The Consolidated HMS Fishery
Management Plan (FMP) is implemented by regulations at 50 CFR part 635.
The final rule for Amendment 2 to the Consolidated HMS FMP (73 FR
35778, June 24, 2008, corrected at 73 FR 40658, July 15, 2008)
established, among other things, a shark research fishery to maintain
time series data for stock assessments and to meet NMFS' 2009 research
objectives. The shark research fishery also allows selected commercial
fishermen the opportunity to earn revenue from selling more sharks,
including sandbar sharks, than allowed in the rest of the commercial
shark fishery. Only the commercial shark fishermen selected to
participate in the shark research fishery are authorized to land/
harvest sandbars subject to the sandbar quota available each year. The
base quota is 87.9 mt dw/year through December 31, 2012, although this
number may be reduced in the event of overharvests, if any, and 116.6
mt dw/year starting on January 1, 2013. The selected shark research
fishery permittees will also have access to the non-sandbar LCS, SCS,
and pelagic shark quotas. Commercial fishermen not participating in the
shark research fishery may land non-sandbar LCS, SCS, and pelagic
sharks subject to retention limits and quotas per 50 CFR 635.24 and
635.27, respectively.
In 2008, selected vessels were allowed a trip limit of 2,750 lbs
dw, of which no more than 2,000 lbs dw were allowed to be sandbar
sharks. As of October 2008, vessels participating in the shark research
fishery fished an average of 2 trips per month. The 2009 trip limits
and number of trips per month will depend on the number of selected
vessels, available quota, and objectives of the research fishery.
Vessels selected for 2009 may not all have the same retention limit.
In order to participate in the shark research fishery, commercial
shark fishermen need to submit a completed Shark Research Fishery
Application showing the vessel and owner(s) meet the specific criteria
outlined below.
Research Objectives
Each year, NMFS will determine the research objectives for the
upcoming shark research fishery. 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, Northeast Fisheries Science Center
(NEFSC) Narragansett Laboratory, the Southeast Regional Office,
Protected Species Division (SERO\PSD), and the HMS Management Division.
The research objectives for 2009 are the same as the research
objectives for 2008, and the shark board based them on the Southeast
Data, Assessment and Review (SEDAR) 11, 2005/2006 LCS stock assessment.
These research objectives include:
collect reproductive and age data from sandbar sharks
throughout the calendar year;
collect reproductive and age data for Gulf of Mexico
blacktip sharks for determination of the reproductive cycle (i.e.,
annual or biennial frequency);
collect reproductive and age data from all species of
sharks for additional species-specific assessments;
monitor the size distribution of sandbar sharks and other
species captured in the fishery;
continue on-going tagging programs for identification of
migration corridors and stock structure;
maintain time-series of abundance from previously derived
indices for the shark BLL observer program;
acquire fin-clip samples of all species for genetic
analysis;
attach satellite archival tags to endangered smalltooth
sawfish to
[[Page 65295]]
provide information on critical habitat and preferred depth, consistent
with ESA requirements for such tagging under the SEFSC observer program
take permit obtained through the 2008 Section 7 Consultation for the
Continued Authorization of Shark Fisheries (Commercial Shark Bottom
Longline, Commercial Shark Gillnet and Recreational Shark Handgear
Fisheries) as Managed under the Consolidated Fishery Management Plan
for Atlantic Tunas, Swordfish, and Sharks (Consolidated HMS FMP),
including Amendment 2 to the Consolidated HMS FMP (F/SER/2007/05044);
attach satellite archival tags to prohibited dusky sharks
to provide information on daily and seasonal movement patterns, and
preferred depth; and,
evaluate the effects of controlled gear experiments in
order to determine the effects of potential hook changes to prohibited
species interactions and fishery yields.
Additionally, some objectives were derived from the need for
tagging studies, collection of genetic material, and controlled bottom
longline (BLL) experiments to assess the impact of hook changes. The
shark board decided to use the same objectives given the short time for
research in 2008 (August to December) and the lack of a new stock
assessment.
Selection Criteria
Shark Research Fishery Permit Applications will only be accepted
from commercial shark fishermen that hold a current directed or
incidental limited access permit. While incidental permit holders are
welcome to submit an application, to ensure that an appropriate number
of sharks are taken to meet the research objectives for this year, NMFS
will be giving priority to directed permit holders. As such, qualified
incidental permit holders will only be selected 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 in the commercial shark
fishery (not including sharks caught for display); past involvement and
compliance with HMS observer programs per 50 CFR 635.7; past compliance
with HMS regulations at 50 CFR part 635; availability to participate in
the shark research fishery; ability to fish in the regions and season
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. An
applicant that has been charged criminally or civilly (i.e., issued a
Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction)
for any HMS-related violation will not be considered for participation
in the shark research fishery. In addition, applicants who were
selected to carry an observer in the previous two years for any HMS
fishery, but failed to communicate with NMFS observer programs in order
to arrange the placement of an observer before commencing any fishing
trip that would have resulted in the incidental catch or harvest of any
Atlantic HMS, per 50 CFR 635.7, will not be considered for
participation in the 2009 shark research fishery. Applicants who were
selected to carry an observer in the previous two years for any HMS
fishery and failed to comply with all the observer regulations per 50
CFR 635.7, including failure to provide adequate sleeping
accommodations per 50 CFR 635.7(e)(1), a sufficiently sized survival
craft per 50 CFR 600.746(f)(6), or failure to pass a USCG safety
examination per 50 CFR 600.746(c)(2) will also not be considered.
Exceptions will be made for applicants that were selected for HMS
observer coverage but did not fish in the quarter when selected.
Applicants that do not possess a valid Unites States Coast Guard (USCG)
safety inspection decal when the application is submitted will not be
considered. Applicants that have been non-compliant with any of the HMS
observer program regulations in the previous two years, as described
above, may be eligible for future participation in shark research
fishery activities by demonstrating two subsequent years of compliance
with observer regulations at 50 CFR 635.7.
Selection Process
The HMS Management Division will review all submitted applications
that are deemed complete and develop a list of qualified applicants. A
qualified applicant is an applicant that has submitted a complete
application and has met the selection criteria. Qualified applicants
are eligible to be selected to participate in the shark research
fishery for 2009. The HMS Management Division will provide the list of
qualified applicants 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 qualified
applicants, and the available quota for a given year, will select
approximately 10 qualified applicants to conduct the prescribed
research. Where there are multiple qualified applicants that meet the
criteria, permittees will be randomly selected. 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. 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. The shark research fishery permit holders
must contact the NMFS observer coordinator to arrange the placement of
a NMFS-approved observer for each shark research trip.
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). 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 50 CFR 635.24(a). These retention limits will be
based on available quota, number of vessels participating in the 2009
shark research fishery, the research objectives set forth by the shark
board, 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 non-sandbar, SCS, and pelagic sharks subject to existing
retention limits on trips without a NMFS-approved observer. The shark
research permit may be revoked or modified at any time and does not
confer the right to engage in activities beyond those listed on the
shark research fishery permit.
Commercial shark permit holders (directed and incidental) are
invited to submit an application to participate in the shark research
fishery on an annual basis. Permit applications can be found on the HMS
Management Division's website at: https://www.nmfs.noaa.gov/sfa/hms/
index.htm or by calling (301) 713-2347. Final decisions on the issuance
of a shark research fishery permit will depend on the submission of all
required information, and NMFS' review of applicant information as
outlined above. The 2009 shark research fishery will start after the
opening of the shark fishery and under available quotas
[[Page 65296]]
as published in a separate Federal Register final rule.
Dated: October 28, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-26156 Filed 10-31-08; 8:45 am]
BILLING CODE 3510-22-S
