Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2012 Research Fishery, 67149-67151 [2011-28042]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices
programs identified with sufficient
clarity by the public in response to this
notice.
jlentini on DSK4TPTVN1PROD with NOTICES
Request for Comments
Given the large number of countries
that export softwood lumber and
softwood lumber products to the United
States, we are soliciting public comment
only on subsidies provided by countries
whose exports accounted for at least one
percent of total U.S. imports of softwood
lumber by quantity, as classified under
Harmonized Tariff Schedule code
4407.1001 (which accounts for the vast
majority of imports), during the period
January 1 through June 30, 2011.
Official U.S. import data published by
the United States International Trade
Commission Tariff and Trade DataWeb
indicate that exports of softwood lumber
from Canada and Chile each account for
at least one percent of U.S. imports of
softwood lumber products during that
time period. We intend to rely on
similar previous six-month periods to
identify the countries subject to future
reports on softwood lumber subsidies.
For example, we will rely on U.S.
imports of softwood lumber and
softwood lumber products during the
period July 1 through December 31,
2011, to select the countries subject to
the next report.
Under U.S. trade law, a subsidy exists
where a government authority: (i)
Provides a financial contribution; (ii)
provides any form of income or price
support within the meaning of Article
XVI of the GATT 1994; or (iii) makes a
payment to a funding mechanism to
provide a financial contribution to a
person, or entrusts or directs a private
entity to make a financial contribution,
if providing the contribution would
normally be vested in the government
and the practice does not differ in
substance from practices normally
followed by governments, and a benefit
is thereby conferred. See section
771(5)(B) of the Tariff Act of 1930, as
amended.
Parties should include in their
comments: (1) The country which
provided the subsidy; (2) the name of
the subsidy program; (3) a brief
description (at least 3–4 sentences) of
the subsidy program; and (4) the
government body or authority that
provided the subsidy.
Submission of Comment
Persons wishing to comment should
file a signed original and six copies of
each set of comments by the date
specified above. The Department will
not accept comments accompanied by a
request that a part or all of the material
be treated confidentially due to business
VerDate Mar<15>2010
17:21 Oct 28, 2011
Jkt 226001
proprietary concerns or for any other
reason. The Department will return such
comments and materials to the persons
submitting the comments and will not
include them in its report on softwood
lumber subsidies. The Department also
requests submission of comments in
electronic form to accompany the
required paper copies. Comments filed
in electronic form should be submitted
on CD–ROM with the paper copies or by
e-mail to the Webmaster below.
Comments received in electronic form
will be made available to the public in
Portable Document Format (PDF) on the
Import Administration Web site at the
following address: https://ia.ita.doc.gov.
Any questions concerning file
formatting, document conversion,
access on the Internet, or other
electronic filing issues should be
addressed to Andrew Lee Beller, Import
Administration Webmaster, at (202)
482–0866, e-mail address: webmastersupport@ita.doc.gov.
For documents filed in the
antidumping and countervailing duty
proceedings, the Department only
accepts electronic filings through the
new IA ACCESS system. However, all
comments and submissions in response
to this Request for Comment should be
mailed to James Terpstra, Import
Administration; Subject: Softwood
Lumber Subsidies Bi-Annual Report:
Request for Comment; Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC, 20230, by no later than
5 p.m., on the above-referenced
deadline date.
Dated: October 24, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–28142 Filed 10–28–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA775
Atlantic Highly Migratory Species;
Atlantic Shark Management Measures;
2012 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 2012 shark
research fishery from commercial shark
SUMMARY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
67149
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 of 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.
DATES: Shark Research Fishery
Applications must be received no later
than 5 p.m., local time, on November
30, 2011.
ADDRESSES: Please submit completed
applications to the HMS Management
Division at:
• Mail: Attn: Delisse Ortiz, HMS
Management Division (F/SF1), NMFS,
1315 East-West Highway, Silver Spring,
MD 20910.
• Fax: (301) 427–8503
For copies of the Shark Research
Fishery Permit Application, please write
to the HMS Management Division at the
address listed above, call (301) 427–
8503 (phone), or fax a request to (301)
713–1917. Copies of the Shark Research
Fishery Application are also available at
the HMS Web site at https://
www.nmfs.noaa.gov/sfa/hms/index.htm.
Additionally, please be advised your
application may be released under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Delisse Ortiz, at
(301) 427–8503 (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’
E:\FR\FM\31OCN1.SGM
31OCN1
67150
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
research objectives. The shark research
fishery also allows selected commercial
fishermen the opportunity to earn more
revenue from selling additional 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 §§ 635.24 and
635.27, respectively.
The 2012 trip limits and number of
trips per month will depend on the
number of selected vessels, available
quota, and objectives of the research
fishery. 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 2011, vessels selected to
participate in the shark research fishery
were allowed a trip limit of 33 sandbar
sharks and 33 non-sandbar large coastal
sharks. The vessels participating in the
shark research fishery fished an average
of 2.6 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 2012 are based on the
Southeast Data, Assessment and Review
(SEDAR) 11, 2005/2006 LCS stock
assessment and SEDAR 21, 2010/2011
U.S. South Atlantic blacknose, U.S. Gulf
of Mexico blacknose, sandbar, and
VerDate Mar<15>2010
17:21 Oct 28, 2011
Jkt 226001
dusky sharks stock assessment. The
2012 research objectives are:
• Collect reproductive, length, sex,
and age data from sandbar sharks
throughout the calendar year;
• Collect reproductive, length, sex,
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 and other
sharks, as needed, to provide
information on daily and seasonal
movement patterns, and preferred
depth;
• Evaluate hooking mortality and
post-release survivorship of dusky,
hammerhead, 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 who hold a
current directed or incidental limited
access permit. While incidental permit
holders are welcome to submit an
application, to ensure that an
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
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
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 who 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 2012 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 who do not possess a valid
Unites States Coast Guard (USCG) safety
inspection decal when the application is
submitted will not be considered.
Applicants who 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
E:\FR\FM\31OCN1.SGM
31OCN1
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
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 2012. 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
§ 635.24(a). These retention limits will
be based on available quota, number of
vessels participating in the 2012 shark
research fishery, the research objectives
set forth by the shark board, and may
vary by vessel and/or location. When
VerDate Mar<15>2010
17:21 Oct 28, 2011
Jkt 226001
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
Web site at https://www.nmfs.noaa.gov/
sfa/hms/index.htm or by calling (301)
427–8503. 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 2012 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 25, 2011.
Galen Tromble,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–28042 Filed 10–28–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA774
Marine Mammals; File No. 13927
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that a
permit has been issued to Dr. James
H.W. Hain, Associated Scientists at
Woods Hole, Box 721, Woods Hole, MA
02543 to conduct research on North
Atlantic right whales (Eubalaena
glacialis) and humpback whales
(Megaptera novaeangliae).
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13705,
Silver Spring, MD 20910; phone (301)
427–8401; fax (301) 713–0376; and
SUMMARY:
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
67151
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, FL
33701; phone (727) 824–5312; fax (727)
824–5309.
FOR FURTHER INFORMATION CONTACT:
Carrie Hubard or Amy Hapeman, (301)
427–8401.
SUPPLEMENTARY INFORMATION: On
December 10, 2008, notice was
published in the Federal Register (73
FR 75084) that a request for a permit to
conduct research on 23 cetacean species
had been submitted by the above-named
applicant. An additional two species of
pinnipeds and four species of sea turtles
were listed as animals that could be
incidentally harassed as a result of the
research. A permit that authorizes some
of the activities requested by the
applicant has been issued under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), the regulations
governing the taking and importing of
marine mammals (50 CFR part 216), the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
Permit No. 13927 authorizes aerial
and vessel surveys to study North
Atlantic right and humpback whales.
Bottlenose (Tursiops truncatus) and
Atlantic spotted dolphins (Stenella
frontalis) may be incidentally harassed
during research activities. Research may
occur annually, December through April
off the U.S. southeast coast. The permit
is valid through October 31, 2016.
Several aspects of the application
request have been denied, including: (1)
Research off the coast of the northeast
United States; (2) takes of pinnipeds, sea
turtles, and cetacean species other than
those listed above; (3) the use of nonmotorized vessels, such as kayaks; (4)
research associated with Project II
(studies of sightability and survey
methodology as relates to Early Warning
Systems and mitigation of human
impacts, including development and
evaluation of new and/or improved
research methods); and (5) research
associated with Project III.b (feeding
behavior of baleen whales).
An environmental assessment (EA)
was prepared analyzing the effects of
the permitted activities on the human
environment in compliance with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.). Based on
the analyses in the EA, NMFS
determined that issuance of the permit
would not significantly impact the
quality of the human environment and
that preparation of an environmental
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67149-67151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA775
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; 2012 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 2012 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 of 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.
DATES: Shark Research Fishery Applications must be received no later
than 5 p.m., local time, on November 30, 2011.
ADDRESSES: Please submit completed applications to the HMS Management
Division at:
Mail: Attn: Delisse Ortiz, HMS Management Division (F/
SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Fax: (301) 427-8503
For copies of the Shark Research Fishery Permit Application, please
write to the HMS Management Division at the address listed above, call
(301) 427-8503 (phone), or fax a request to (301) 713-1917. Copies of
the Shark Research Fishery Application are also available at the HMS
Web site at https://www.nmfs.noaa.gov/sfa/hms/index.htm. Additionally,
please be advised your application may be released under the Freedom of
Information Act.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Delisse Ortiz,
at (301) 427-8503 (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'
[[Page 67150]]
research objectives. The shark research fishery also allows selected
commercial fishermen the opportunity to earn more revenue from selling
additional 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 Sec. Sec. 635.24 and 635.27, respectively.
The 2012 trip limits and number of trips per month will depend on
the number of selected vessels, available quota, and objectives of the
research fishery. 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 2011, vessels
selected to participate in the shark research fishery were allowed a
trip limit of 33 sandbar sharks and 33 non-sandbar large coastal
sharks. The vessels participating in the shark research fishery fished
an average of 2.6 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 2012 are based on the Southeast Data,
Assessment and Review (SEDAR) 11, 2005/2006 LCS stock assessment and
SEDAR 21, 2010/2011 U.S. South Atlantic blacknose, U.S. Gulf of Mexico
blacknose, sandbar, and dusky sharks stock assessment. The 2012
research objectives are:
Collect reproductive, length, sex, and age data from
sandbar sharks throughout the calendar year;
Collect reproductive, length, sex, 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
and other sharks, as needed, to provide information on daily and
seasonal movement patterns, and preferred depth;
Evaluate hooking mortality and post-release survivorship
of dusky, hammerhead, 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 who 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 who 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 2012 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 who do not possess a valid
Unites States Coast Guard (USCG) safety inspection decal when the
application is submitted will not be considered. Applicants who 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
[[Page 67151]]
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 2012. 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 2012
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 Web site at https://www.nmfs.noaa.gov/sfa/hms/index.htm or by calling (301) 427-8503. 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 2012 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 25, 2011.
Galen Tromble,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-28042 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-22-P
