Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2011 Research Fishery, 57259-57261 [2010-23442]

Download as PDF Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices of publication of the preliminary determination in the Federal Register), but before March 12, 2010. This notice constitutes the antidumping duty orders with respect to MCB from Mexico and the PRC, pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7046 of the Main Commerce Building, for copies of an updated list of antidumping duty orders currently in effect. These orders are issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: September 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–23427 Filed 9–17–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XY54 Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2011 Research Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of intent; request for applications. AGENCY: NMFS announces its request for applications for the 2011 shark research fishery from commercial shark fishermen with a directed or incidental limited access 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 only 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. jdjones on DSK8KYBLC1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:00 Sep 17, 2010 Jkt 220001 Shark Research Fishery Applications must be received no later than 5 p.m., local time, on October 20, 2010. 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 http:// 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/ 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. The 2011 trip limits and number of trips per month will depend on the number of selected vessels, available DATES: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 57259 quota, objectives of the research fishery, and the actual vessels selected. The trip limits and the number of trips taken have changed each year the research fishery has been active. Participants may also be limited on the amount of gear they can deploy on a given set (e.g., number of hooks, length of longline). In 2010, selected vessels fishing outside of the Mid-Atlantic shark time/area closure off the coast of North Carolina were allowed a trip limit of 33 sandbar sharks and 33 non-sandbar large coastal sharks. Selected vessels fishing inside of the Mid-Atlantic shark time/area closure off the coast of North Carolina until July 31 were allowed a trip limit of 66 sandbar sharks and 33 non-sandbar large coastal sharks. The vessels participating in the shark research fishery fished an average of 1.5 trips per month. 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 determines 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 2011 are similar to the research objectives for 2010, and the shark board based them on the Southeast Data, Assessment and Review (SEDAR) 11, 2005/2006 LCS stock assessment. The 2011 research objectives are: • Collect reproductive and age data from sandbar sharks throughout the calendar year; • Collect reproductive and age data for 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; E:\FR\FM\20SEN1.SGM 20SEN1 57260 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices jdjones on DSK8KYBLC1PROD with NOTICES • 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 and other sharks, as needed, to provide information on daily and seasonal movement patterns, and preferred depth; • Evaluate hooking mortality and survivorship of dusky and other sharks using hook timers and temperaturedepth recorders; • Evaluate the effects of controlled gear experiments in order to determine the effects of potential hook changes to prohibited species interactions and fishery yields; and • 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. 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 landed/harvested 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 § 635.7; past compliance with HMS regulations VerDate Mar<15>2010 15:00 Sep 17, 2010 Jkt 220001 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 (e.g., issued a Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction) for any HMS-related violation will not be considered for participation in the shark research fishery. In addition, applicants who were selected to carry an observer in the previous 2 years for any HMS fishery, but failed to 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 § 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 2 years for any HMS fishery and failed to comply with all the observer regulations per § 635.7, including failure to provide adequate sleeping accommodations per § 635.7(e)(1), a sufficiently sized survival craft per § 600.746(f)(6), or failure to pass a USCG safety examination per § 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 noncompliant with any of the HMS observer program regulations in the previous 2 years, as described above, may be eligible for future participation in shark research fishery activities by demonstrating 2 subsequent years of compliance with observer regulations at § 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 2011. The HMS Management Division will provide the list of qualified applicants without identification information to the SEFSC. The SEFSC will then evaluate the list of PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 § 635.24(a). These retention limits will be based on available quota, number of vessels participating in the 2011 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 http://www.nmfs.noaa.gov/ sfa/hms/index.htm or by calling (301) 713–2347. Final decisions on the E:\FR\FM\20SEN1.SGM 20SEN1 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 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 2011 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: September 10, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Dated: September 15, 2010. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. DEPARTMENT OF COMMERCE BILLING CODE 3510–22–S International Trade Administration United States Patent and Trademark Office, Commerce. ACTION: Request for comments. AGENCY: [A–552–801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Correction of Date for the Extension of Time Limit for Preliminary Results of the Seventh Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: September 20, 2010. AGENCY: FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5403. jdjones on DSK8KYBLC1PROD with NOTICES Correction of the Extension of Time Limits for Preliminary Results On August 9, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register a notice of extension of time limit for preliminary results of the seventh antidumping duty new shipper reviews for certain frozen fish fillets from the Socialist Republic of Vietnam covering the period August 1, 2009, through February 15, 2010. See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Extension of Time Limit for Preliminary Results of Antidumping Duty New Shipper Reviews, 74 FR 74441 (August 9, 2010). The Federal Register notice incorrectly stated that the preliminary results are currently due on January 17, 2010. The correct due date for the preliminary results is actually January 17, 2011. This notice is published in accordance with section 751(a)(2)(B)(iv) and 777(i) of the Act. Jkt 220001 United States Patent and Trademark Office Request for Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System DEPARTMENT OF COMMERCE 15:00 Sep 17, 2010 BILLING CODE 3510–DS–P [Docket No. PTO–P–2010–0066] [FR Doc. 2010–23442 Filed 9–17–10; 8:45 am] VerDate Mar<15>2010 [FR Doc. 2010–23351 Filed 9–17–10; 8:45 am] The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice. DATES: Comment Deadline Date: To be ensured of consideration, written comments must be received on or before November 19, 2010. No public hearing will be held. ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to HumanitarianProgram@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313–1450, marked to the attention of Joni Y. Chang. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 57261 The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO’s Internet Web site (address: http:// www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments. FOR FURTHER INFORMATION CONTACT: Robert A. Clarke (at 571–272–7735) or Joni Y. Chang (at 571–272–7720), Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy. Inquiries regarding the current reexamination practice may be directed to the Office of Patent Legal Administration, by telephone at (571) 272–7703, or by electronic mail at PatentPractice@uspto.gov. Inquiries regarding electronic filings should be directed to the Patents Electronic Business Center (EBC) at 866–217–9197. SUPPLEMENTARY INFORMATION: The USPTO is considering a fast-track ex parte reexamination voucher pilot program as an incentive to stimulate technology creation or licensing that addresses humanitarian needs. Under the proposed pilot program, a fast-track ex parte reexamination voucher would be offered to patent holders demonstrating humanitarian uses of patented technologies. This voucher could then be used on any patent owned by the patent holder or transferred on the open market. The U.S. Food and Drug Administration (FDA) currently has a similar voucher program for fasttrack review in place. Under this program, the FDA awards priority review vouchers to entities that develop drugs to treat neglected tropical diseases. Recent legislative proposals such as the Creating Hope Act, S. 3697 (2010), on rare childhood diseases shows a desire on the part of Congress to expand such efforts. The USPTO is also exploring ideas for other strategies that would use the patent system to incentivize activity addressing humanitarian needs. Fast-track ex parte reexamination proceedings would be given the highest priority, such that an examiner would take any necessary action in a reexamination proceeding as if the proceeding were the next item in the examiner’s queue. In addition, the USPTO would accelerate the time for which fast-track ex parte reexamination proceedings are handled by the USPTO (i.e., examiner and the Board of Patent E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57259-57261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23442]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XY54


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; 2011 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 2011 shark 
research fishery from commercial shark fishermen with a directed or 
incidental limited access 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 
only 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.

DATES:  Shark Research Fishery Applications must be received no later 
than 5 p.m., local time, on October 20, 2010.

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 http://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/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.
    The 2011 trip limits and number of trips per month will depend on 
the number of selected vessels, available quota, objectives of the 
research fishery, and the actual vessels selected. The trip limits and 
the number of trips taken have changed each year the research fishery 
has been active. Participants may also be limited on the amount of gear 
they can deploy on a given set (e.g., number of hooks, length of 
longline). In 2010, selected vessels fishing outside of the Mid-
Atlantic shark time/area closure off the coast of North Carolina were 
allowed a trip limit of 33 sandbar sharks and 33 non-sandbar large 
coastal sharks. Selected vessels fishing inside of the Mid-Atlantic 
shark time/area closure off the coast of North Carolina until July 31 
were allowed a trip limit of 66 sandbar sharks and 33 non-sandbar large 
coastal sharks. The vessels participating in the shark research fishery 
fished an average of 1.5 trips per month.
    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 determines 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 2011 are similar to the research objectives 
for 2010, and the shark board based them on the Southeast Data, 
Assessment and Review (SEDAR) 11, 2005/2006 LCS stock assessment. The 
2011 research objectives are:
     Collect reproductive and age data from sandbar sharks 
throughout the calendar year;
     Collect reproductive and age data for 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;

[[Page 57260]]

     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 
and other sharks, as needed, to provide information on daily and 
seasonal movement patterns, and preferred depth;
     Evaluate hooking mortality and survivorship of dusky and 
other sharks using hook timers and temperature-depth recorders;
     Evaluate the effects of controlled gear experiments in 
order to determine the effects of potential hook changes to prohibited 
species interactions and fishery yields; and
     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.

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 landed/harvested 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 Sec.  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 (e.g., issued a 
Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction) 
for any HMS-related violation will not be considered for participation 
in the shark research fishery. In addition, applicants who were 
selected to carry an observer in the previous 2 years for any HMS 
fishery, but failed to 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 Sec.  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 2 years for any HMS fishery and 
failed to comply with all the observer regulations per Sec.  635.7, 
including failure to provide adequate sleeping accommodations per Sec.  
635.7(e)(1), a sufficiently sized survival craft per Sec.  
600.746(f)(6), or failure to pass a USCG safety examination per Sec.  
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 2 years, as described above, may be eligible for future 
participation in shark research fishery activities by demonstrating 2 
subsequent years of compliance with observer regulations at Sec.  
635.7.

Selection Process

    The HMS Management Division will review all submitted applications 
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 2011. The HMS Management Division will provide the list of 
qualified applicants without identification information to the SEFSC. 
The SEFSC will then evaluate the list of qualified applicants and, 
based on the temporal and spatial needs of the research objectives, the 
availability of 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 Sec.  635.24(a). These retention limits will be 
based on available quota, number of vessels participating in the 2011 
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 http://www.nmfs.noaa.gov/sfa/hms/index.htm or by calling (301) 713-2347. Final decisions on the

[[Page 57261]]

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 2011 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: September 15, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-23442 Filed 9-17-10; 8:45 am]
BILLING CODE 3510-22-S