Atlantic Highly Migratory Species (HMS); Atlantic Shark Management Measures; 2010 Research Fishery, 56177-56179 [E9-26224]
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Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
I. Abstract
The Department of Commerce is
responsible for the Baldrige National
Quality Program and the Malcolm
Baldrige National Quality (BNQP)
Award. Directly associated with this
Award is the Board of Examiners, an
integral part of the Baldrige National
Quality Program. NIST manages the
Baldrige Program. An applicant for the
Malcolm Baldrige National Quality
Award is required to perform two steps:
(1) The applicant organization certifies
that it meets eligibility requirements;
and (2) the applicant organization
prepares and completes an application
form and the application process. The
Malcolm Baldrige National Quality
Award Program Office will assist with
or offer advice on any questions or
issues that the applicant may have
concerning the eligibility process or in
completing the self-certification forms.
NIST will use the application package to
assess and provide feedback on the
applicant’s quality and performance
practices.
The application to be a member of the
Board of Examiners is a one-step
process. Each year the Award Program
recruits highly skilled experts in the
fields of manufacturing, service, small
business, health care, education, and
nonprofit, the six Award eligibility
categories, to evaluate the applications
that the Program receives. Examiners
serve for a one-year term; participation
on the board is entirely voluntary.
Estimated Total Annual Burden
Hours: 8,200
Estimated Total Annual Cost to
Public: $125,000 ($1,250 for each of the
100 Awardees—costs are for duplication
and mailing).
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
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 27, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–26155 Filed 10–29–09; 8:45 am]
BILLING CODE 3510–13–P
II. Method of Collection
DEPARTMENT OF COMMERCE
Award applicants must comply in
writing according to the Baldrige Award
Application Forms available at https://
www.baldrige.nist.gov/
Award_Application.htm. The
application for the 2009 Board of
Examiners can be found at https://
www.baldrige.nist.gov/
Examiner_Application.htm. It is
submitted electronically.
National Oceanic and Atmospheric
Administration
sroberts on DSKD5P82C1PROD with NOTICES
III. Data
OMB Control Number: 0693–0006.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations; not-for-profit
institutions; and individuals or
households.
Estimated Number of Respondents:
900. (100 Applicants for the Malcolm
Baldrige Award, 800 Applicants for the
Board of Examiners).
Estimated Time per Response: 74
hours for Applications for the Malcolm
Baldrige Quality Award, and 1 hour for
the Applications for the Board of
Examiners.
VerDate Nov<24>2008
16:30 Oct 29, 2009
Jkt 220001
RIN 0648–XQ61
Atlantic Highly Migratory Species
(HMS); Atlantic Shark Management
Measures; 2010 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 2010 shark
research fishery from commercial shark
fishermen with a directed or incidental
permit. The shark research fishery
allows for the collection of fisherydependent 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
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Fmt 4703
Sfmt 4703
56177
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,
2010, 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 November
30, 2009.
ADDRESSES: Please submit completed
applications to the HMS Management
Division at:
• Mail: Attn: Guy DuBeck, 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 Guy DuBeck, at
(301) 713–2347 (phone) or (301) 713–
1917 (fax).
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the authority of the MagnusonStevens 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’
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
outside of the commercial shark fishery.
Only the commercial shark fishermen
selected to participate in the shark
research fishery are authorized to land/
E:\FR\FM\30OCN1.SGM
30OCN1
56178
Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
harvest sandbar sharks subject to the
sandbar quota available each year. The
base quota is 87.9 mt dw per year
through December 31, 2012, although
this number may be reduced in the
event of overharvests, if any. 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 2009, selected vessels were allowed
a trip limit of 45 sandbar sharks and 33
non-sandbar large coastal sharks. The
vessels participating in the shark
research fishery fished an average of 2
trips per month. The 2010 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 2010 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 2010 are similar to the
research objectives for 2009, 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;
VerDate Nov<24>2008
16:30 Oct 29, 2009
Jkt 220001
• 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
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 and Biological
Opinion (BiOp) 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.
In the 2010 shark research fishery,
NMFS would like to examine the size
distribution of sandbar sharks and other
species captured in the Mid-Atlantic
shark time/area closure off the coast of
North Carolina from January 1 through
July 31. The Mid-Atlantic shark timearea closure has been in effect since
2005 and NMFS would like to collect
baseline data in the closed area under
current conditions. Also, NMFS would
like to collect data to examine the
effectiveness of existing area closures to
meet current conservation and
harvesting goals.
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 for
research in 2009.
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
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Fmt 4703
Sfmt 4703
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 2010 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
vessels 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
E:\FR\FM\30OCN1.SGM
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Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
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 2010. 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 randomly
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 through a lottery system. If a
public meeting is deemed necessary,
NMFS will announce details of a public
selection meeting in a subsequent
Federal Register notice.
Once the selection process is
complete, NMFS will notify the selected
applicants and issue the shark research
fishery permits. 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 2010 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
VerDate Nov<24>2008
16:30 Oct 29, 2009
Jkt 220001
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 2010 shark research
fishery will start after the opening of the
shark fishery and under available quotas
as published in a separate Federal
Register final rule.
56179
FOR FURTHER INFORMATION CONTACT:
Holly Phelps or Elizabeth Eastwood,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0656 and (202)
482–3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2009, the Department
published the notice of initiation of the
sunset reviews of the antidumping duty
orders on SSWR from Italy, Japan,
Korea, Spain, and Taiwan pursuant to
section 751(c) of the Act. See Initiation
of Five-Year (‘‘Sunset’’) Reviews, 74 FR
31412 (July 1, 2009) (Notice of
Initiation).
The Department received a notice of
intent to participate from Carpenter
Technology Corporation, a domestic
interested party, within the deadline
specified in 19 CFR 351.218(d)(1)(i).
The company claimed interested party
status under section 771(9)(C) of the Act
Dated: October 26, 2009.
as a manufacturer of a domestic like
Emily H. Menashes,
product in the United States.
Deputy Director for Office of Sustainable
The Department received a complete
Fisheries, National Marine Fisheries Service.
substantive response to the notice of
[FR Doc. E9–26224 Filed 10–29–09; 8:45 am]
initiation from the domestic interested
party within the 30-day deadline
BILLING CODE 3510–22–S
specified in 19 CFR 351.218(d)(3)(i). We
received no substantive responses from
DEPARTMENT OF COMMERCE
respondent interested parties with
respect to any of the orders covered by
International Trade Administration
these sunset reviews, nor was a hearing
[A–475–820, A–588–843, A–580–829, A–469– requested. As a result, pursuant to 19
CFR 351.218(e)(1)(ii)(C)(2), the
807, A–583–828]
Department conducted expedited (120Stainless Steel Wire Rod From Italy,
day) sunset reviews of the antidumping
Japan, the Republic of Korea, Spain,
duty orders on SSWR from Italy, Japan,
and Taiwan: Final Results of the
Korea, Spain, and Taiwan.
Expedited Sunset Reviews of the
Scope of the Orders
Antidumping Duty Orders
The merchandise covered by these
AGENCY: Import Administration,
orders is SSWR, which comprises
International Trade Administration,
products that are hot-rolled or hot-rolled
Department of Commerce.
annealed and/or pickled and/or
SUMMARY: On July 1, 2009, the
descaled rounds, squares, octagons,
Department of Commerce (the
hexagons or other shapes, in coils, that
Department) initiated sunset reviews of
may also be coated with a lubricant
the antidumping duty orders on
containing copper, lime, or oxalate.
stainless steel wire rod (SSWR) from
SSWR is made of alloy steels
Italy, Japan, the Republic of Korea
containing, by weight, 1.2 percent or
(Korea), Spain, and Taiwan, pursuant to less of carbon and 10.5 percent or more
section 751(c) of the Tariff Act of 1930,
of chromium, with or without other
as amended (the Act). The Department
elements. These products are
has conducted expedited (120-day)
manufactured only by hot-rolling or hotsunset reviews for these orders pursuant rolling, annealing, and/or pickling and/
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a
or descaling, are normally sold in coiled
result of these sunset reviews, the
form, and are of solid cross-section. The
Department finds that revocation of the
majority of SSWR sold in the United
antidumping duty orders would be
States is round in cross-sectional shape,
likely to lead to continuation or
annealed and pickled, and later coldrecurrence of dumping.
finished into stainless steel wire or
small-diameter bar.
DATES: Effective Date: October 30, 2009.
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]]>Agencies
[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Notices]
[Pages 56177-56179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26224]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XQ61
Atlantic Highly Migratory Species (HMS); Atlantic Shark
Management Measures; 2010 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 2010 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, 2010, 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 November 30, 2009.
ADDRESSES: Please submit completed applications to the HMS Management
Division at:
Mail: Attn: Guy DuBeck, 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 Guy DuBeck, 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' 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 outside of the commercial shark
fishery. Only the commercial shark fishermen selected to participate in
the shark research fishery are authorized to land/
[[Page 56178]]
harvest sandbar sharks subject to the sandbar quota available each
year. The base quota is 87.9 mt dw per year through December 31, 2012,
although this number may be reduced in the event of overharvests, if
any. 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 2009, selected vessels were allowed a trip limit of 45 sandbar
sharks and 33 non-sandbar large coastal sharks. The vessels
participating in the shark research fishery fished an average of 2
trips per month. The 2010 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 2010 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 2010 are similar to the research objectives
for 2009, 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 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 and Biological Opinion (BiOp) 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.
In the 2010 shark research fishery, NMFS would like to examine the
size distribution of sandbar sharks and other species captured in the
Mid-Atlantic shark time/area closure off the coast of North Carolina
from January 1 through July 31. The Mid-Atlantic shark time-area
closure has been in effect since 2005 and NMFS would like to collect
baseline data in the closed area under current conditions. Also, NMFS
would like to collect data to examine the effectiveness of existing
area closures to meet current conservation and harvesting goals.
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 for research in
2009.
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 2010 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 vessels 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
[[Page 56179]]
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 2010. 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 randomly
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 through a lottery
system. If a public meeting is deemed necessary, NMFS will announce
details of a public selection meeting in a subsequent Federal Register
notice.
Once the selection process is complete, NMFS will notify the
selected applicants and issue the shark research fishery permits. 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 2010
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 2010 shark research fishery will start after the
opening of the shark fishery and under available quotas as published in
a separate Federal Register final rule.
Dated: October 26, 2009.
Emily H. Menashes,
Deputy Director for Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-26224 Filed 10-29-09; 8:45 am]
BILLING CODE 3510-22-S
