Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2011 Research Fishery, 57259-57261 [2010-23442]
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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 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/
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:
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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
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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 https://www.nmfs.noaa.gov/
sfa/hms/index.htm or by calling (301)
713–2347. Final decisions on the
E:\FR\FM\20SEN1.SGM
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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:
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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: https://
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 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/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 https://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
