Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits; Letters of Acknowledgment, 72678-72680 [2011-30399]
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Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686).
A first Request for Panel Review was
filed with the Mexican Section of the
NAFTA Secretariat, pursuant to Article
1904 of the Agreement, on November 4,
2011, requesting panel review of the
final determination described above.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is December 5, 2011);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
December 19, 2011); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including the jurisdiction of the
investigating authority, that are set out
in the Complaints filed in the panel
review and the procedural and
substantive defenses raised in the panel
review.
Dated: November 18, 2011.
Marsha Ann Y. Iyomasa,
Deputy United States Secretary, NAFTA
Secretariat.
[FR Doc. 2011–30314 Filed 11–23–11; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
wreier-aviles on DSK7SPTVN1PROD with NOTICES
RIN 0648–XA799
Atlantic Highly Migratory Species;
Exempted Fishing, Scientific Research,
Display, and Chartering Permits;
Letters of Acknowledgment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Notice of intent; request for
comments.
ACTION:
NMFS announces its intent to
issue Exempted Fishing Permits (EFPs),
Scientific Research Permits (SRPs),
Display Permits, Letters of
Acknowledgment (LOAs), and
Chartering Permits for the collection of
Atlantic Highly Migratory Species
(HMS) in 2012. In general, EFPs and
related permits would authorize
collection of a limited number of tunas,
swordfish, billfishes, and sharks from
Federal waters in the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico for
the purposes of scientific data collection
and public display. Chartering Permits
allow the collection of HMS on the high
seas or in the Exclusive Economic Zone
of other nations. Generally, these
permits will be valid from the date of
issuance through December 31, 2012,
unless otherwise specified, subject to
the terms and conditions of individual
permits.
DATES: Written comments on these
activities received in response to this
notice will be considered by NMFS
when issuing EFPs and related permits
and must be received on or before
December 27, 2011.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Email: HMSEFP.2012@noaa.gov.
Include in the subject line the following
identifier: 0648–XA799.
• Mail: Craig Cockrell, Highly
Migratory Species Management Division
(F/SF1), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
• Fax: (301) 713–1917.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, phone: (301) 427–8503,
fax: (301) 713–1917, or Jackie Wilson at
(240) 338–3936.
SUPPLEMENTARY INFORMATION: Issuance
of EFPs and related permits are
necessary for the collection of HMS for
public display and scientific research
that is exempt from regulations (e.g.,
seasons, prohibited species, authorized
gear, and minimum sizes) that may
prohibit the collection of live animals or
biological samples. Collection for
scientific research and display
represents a small portion of the overall
fishing mortality for HMS, and this
mortality is counted against the quota of
the species harvested. The terms and
conditions of individual permits are
unique; however, all permits will
include reporting requirements, limit
the number and species of HMS to be
collected, and only authorize collection
in Federal waters of the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea.
SUMMARY:
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EFPs and related permits are issued
under the authority of the MagnusonStevens Fishery Conservation and
Management Reauthorization Act
(Magnuson-Stevens Act) (16 U.S.C. 1801
et seq.) and/or the Atlantic Tunas
Convention Act (ATCA) (16 U.S.C. 971
et seq.). Regulations at 600.745 and
635.32 govern scientific research
activity, exempted fishing, chartering
arrangements, and exempted
educational activities with respect to
Atlantic HMS. Since the MagnusonStevens Act does not consider scientific
research to be ‘‘fishing,’’ scientific
research is exempt from this statute, and
NMFS does not issue EFPs for bona fide
research activities (e.g., research
conducted from a research vessel and
not a commercial or recreational fishing
vessel) involving species that are only
regulated under the Magnuson-Stevens
Act (e.g., most species of sharks) and not
under ATCA. NMFS requests copies of
scientific research plans for these
activities and indicates concurrence by
issuing an LOA to researchers to
indicate that the proposed activity
meets the definition of research and is
therefore exempt from regulation.
Examples of research conducted under
LOAs include tagging and releasing of
sharks during bottom longline surveys
to understand the distribution and
seasonal abundance of different shark
species, and collecting and sampling
sharks caught during trawl surveys for
life history studies.
Scientific research is not exempt from
regulation under ATCA. NMFS issues
SRPs for collection of species managed
under this statute (e.g., tunas, swordfish,
billfish, and some species of sharks),
which authorize researchers to collect
HMS from bona fide research vessels.
One example of research conducted
under SRPs consists of scientific
surveys of HMS conducted from the
NOAA research vessels. EFPs are issued
to researchers collecting ATCAmanaged species and conducting
research from commercial or
recreational fishing vessels. NMFS
regulations concerning the implantation
or attachment of archival tags in
Atlantic HMS require scientists to report
their activities associated with these
tags. Examples of research conducted
under EFPs include deploying pop-up
satellite archival tags on billfish, sharks,
and tunas to determine migration
patterns of these species; conducting
billfish larval tows to determine billfish
habitat use, life history, and population
structure; and determining catch rates
and gear characteristics of the swordfish
buoy gear fishery.
NMFS is also seeking public comment
on its intent to issue Display Permits for
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Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices
the collection of sharks and other HMS
for public display in 2011. Collection of
sharks and other HMS sought for public
display in aquaria often involves
collection when the commercial fishing
seasons are closed, collection of
otherwise prohibited species, and
collection of fish below the minimum
size for recreational permit holders.
NMFS established a 60-metric ton (mt)
whole weight (ww) (approximately
3,000 sharks) quota for the public
display and research of sharks
(combined) in the final Fishery
Management Plan (FMP) for Atlantic
Tunas, Swordfish, and Sharks (1999
FMP). Collections of animals in both
state and federal waters are deducted
from this quota. The quotas available for
scientific research and public display of
sandbar and dusky sharks were
modified in Amendment 2 to the 2006
Consolidated HMS FMP (June 24, 2008,
73 FR 35778; corrected on July 15, 2008
73 FR 40658) in light of the results of
recent stock assessments. The public
display and scientific research quotas
for sandbar sharks are now limited to
2.78 mt ww (2 mt dressed weight (dw)):
1.39 mt ww for public display and 1.39
mt ww for scientific research.
Furthermore, Amendment 2 to the 2006
Consolidated HMS FMP limited dusky
shark collection to bona fide scientific
research and prohibits dusky shark
collection for public display. The rule
did not modify the overall 60-mt ww
quota; rather, it adjusted the proportion
of the quota allocated to sandbar and
dusky sharks. These quotas have been
analyzed in conjunction with other
sources of mortality under Amendment
2 to the 2006 Consolidated HMS FMP,
and NMFS has determined that
harvesting this amount for public
display will not have a significant
impact on the stocks. The number of
sharks harvested for display and
research has remained under the annual
60-mt ww quota every year since
establishment of the quota. In 2010,
approximately 69 percent of the sharks
authorized for public display and
scientific research purposes were
actually harvested or discarded dead.
Amendment 3 to the 2006 Consolidated
HMS FMP also established a separate
set-aside quota for smoothhound sharks
(i.e., smooth dogfish and Florida
smoothhounds) taken for research
purposes, which would be in addition
to the overall 60-mt ww quota for the
public display and research of all
sharks. However, the smoothhound
shark research set-aside quota is not yet
effective and their harvest resulting
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from research activities is not yet
deducted from the set aside quota for
public display and research of sharks.
NMFS will announce when such
regulations become effective through a
publication in the Federal Register.
Exempted fishing permits will
continue to be considered for issuance
in 2012, for bycatch reduction research
in closed areas of the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea to
test gear modifications and fishing
techniques aimed to avoid incidental
capture of non-target species. In
addition to this opportunity for public
comment, the HMS Management
Division will seek additional public
comment, as necessary, on specific
proposals where research is not being
conducted solely from bona fide
research vessels or fishing vessels
specifically contracted to conduct
scientific research. NMFS generally
does not consider recreational or
commercial vessels bona fide research
vessels. However, if the vessels have
been contracted to only conduct
research and not participate in any
commercial or recreational fishing
activities during that research, NMFS
may consider those vessels as bona fide
research platforms while conducting the
specified research. As an example,
NMFS has considered the recreational
and commercial vessels contracted to
conduct research under the Deepwater
Horizon/BP oil spill as bona fide
research platforms. Furthermore, NMFS
will provide the public with additional
opportunities for comment, as necessary
and appropriate, if research could allow
commercial fishing vessels to conduct
limited fishing trips inside closed areas
in conjunction with specified research.
The HMS Management Division is
also requesting comments on chartering
permits considered for issuance in 2012
to U.S. vessels fishing for HMS while
operating under chartering
arrangements. In 2011 there were no
chartering permits issued to U.S. fishing
vessels. A chartering arrangement is a
contract or agreement between a U.S.
vessel owner and a foreign entity by
which the control, use, or services of a
vessel are secured for a period of time
for fishing for Atlantic HMS. Before
fishing under a chartering arrangement,
the owner of the U.S. fishing vessel
must apply for a Chartering Permit. The
vessel chartering regulations can be
found at 635.5(a)(4) and 635.32(e).
In addition, Amendment 2 to the 2006
Consolidated HMS FMP implemented a
shark research fishery. This research
fishery is conducted under the auspices
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72679
of the exempted fishing program.
Research fishery permit holders assist
NMFS in collecting valuable shark life
history data and data for future shark
stock assessments. Fishermen must fill
out an application for a shark research
permit under the exempted fishing
program to participate in the shark
research fishery. Shark research fishery
participants are subject to 100-percent
observer coverage in addition to other
terms and conditions. A Federal
Register notice describing the objectives
for the shark research fishery in 2012
published on October 31, 2011 (76 FR
67149).
The authorized number of species for
2011, as well as the number of
specimens collected in 2010, is
summarized in Table 1. The number of
specimens collected in 2011 will be
available when all 2011 interim and
annual reports are submitted to NMFS.
In 2010, the number of specimens
collected was less than the number of
authorized specimens for most permit
types, with the exception of the number
of larvae collected under billfish EFPs,
and sharks taken under SRPs and
Display permits. It is difficult to control
the quantity of larvae that may be
caught when sampling fish larvae.
However, the impacts of these
collections on fish populations are not
expected to be significant given the high
level of natural mortality of fish larvae.
As for sharks taken under SRPs and
Display Permits, 374 of the sharks taken
were Atlantic sharpnose sharks
collected during trips using longline
gear; it is also difficult to control the
number and species of animals caught
when using this gear type. However, as
Atlantic sharpnose sharks were not
found to be overfished nor have
overfishing occurring during its most
recent stock assessment in 2007, these
collections are not expected to have any
impacts on Atlantic sharpnose
populations.
In all cases, mortality associated with
an EFP, SRP, Display Permit, or LOA
(except for larvae) is counted against the
appropriate quota. NMFS issued a total
of 28 EFPs, SRPs, Display Permits, and
LOAs in 2010 for the collection of HMS.
As of October 31, 2011, NMFS has
issued a total of 32 EFPs, SRPs, Display
Permits, and LOAs. These do not
include permits that were issued for
research related to the Deepwater
Horizon/BP oil spill in the Gulf of
Mexico. In 2011, seven permits were
issued for research related to the oil
spill in the Gulf of Mexico.
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Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices
TABLE 1—SUMMARY OF HMS EXEMPTED PERMITS ISSUED IN 2010 AND 2011. ‘‘HMS’’ REFERS TO MULTIPLE SPECIES
BEING COLLECTED UNDER A GIVEN PERMIT TYPE
2010
Permit type
Permits
issued * *
2011
Authorized
fish (num)
Authorized
larvae
(num)
Fish kept/
discarded
dead (num)
Larvae kept
(num)
Permits
issued * *
Authorized
fish (num)
Authorized
larvae
(num)
EFP
HMS ..........................
Shark .........................
Tuna ..........................
Billfish ........................
SRP
HMS ..........................
Shark .........................
Tuna ..........................
Display
HMS ..........................
Shark .........................
1
9
5
2
454
755
295
0
0
0
0
1,000
0
607
67
0
0
0
0
2,327
2
8
5
2
273
1,377
695
40
0
0
0
1,000
0
1
0
0
140
0
0
0
0
0
†345
0
0
0
0
1
3
1
83
1,365
110
0
0
0
2
2
153
107
0
0
1
†113
0
0
2
3
124
87
0
0
Total ...................
LOA *
Shark .........................
22
1,904
1,000
1,133
2,327
27
4,154
1,000
6
4,140
0
2,000
0
5
5,367
0
* LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections
made under an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. Permitees are encouraged to report all fishing activities in a timely manner.
* * 2010 & 2011 permits issued listed in Table 1 do not include permits issued solely for research related to the Deepwater Horizon/BP oil spill
research in the Gulf of Mexico.
† All additional collections above the authorized levels were due to incidentally caught Atlantic sharpnose sharks.
Final decisions on the issuance of any
EFPs, SRPs, Display Permits, and
Chartering Permits will depend on the
submission of all required information
about the proposed activities, NMFS’s
review of public comments received on
this notice, an applicant’s reporting
history on past permits issued, past law
enforcement violations, consistency
with relevant NEPA documents, and
any consultations with appropriate
Regional Fishery Management Councils,
states, or Federal agencies. NMFS does
not anticipate any significant
environmental impacts from the
issuance of these EFPs as assessed in the
1999 FMP and Amendment 2 to the
2006 Consolidated HMS FMP.
Authority: 16 U.S.C. 971 et seq. and 16
U.S.C. 1801 et seq.
Dated: November 21, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–30399 Filed 11–23–11; 8:45 am]
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BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA078
[File No. 15750]
Marine Mammals
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 ABR, Inc.
Environmental Research and Services,
Fairbanks, AK, to conduct research on
marine mammals in Alaska.
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
Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802–1668; phone
(907) 586–7221; fax (907) 586–7249.
FOR FURTHER INFORMATION CONTACT:
Tammy Adams or Laura Morse, (301)
427–8401.
SUPPLEMENTARY INFORMATION: On
December 9, 2010, notice was published
in the Federal Register (75 FR 76703)
SUMMARY:
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that a request for a permit had been
submitted by the above-named
applicant. The requested permit 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.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), and the Fur Seal
Act of 1966, as amended (16 U.S.C. 1151
et seq.).
The permit is valid for five years and
allows harassment of the following
marine mammal species during conduct
of aerial surveys to document seasonal
distribution and abundance of marine
mammals in western lower Cook Inlet,
Alaska: Steller sea lions (Eumetopias
jubatus), beluga whales (Delphinapterus
leucas), harbor seals (Phoca vitulina),
harbor porpoises (Phocoena phocoena),
Dall’s porpoises (Phocoenoides dalli),
minke whales (Balaenoptera
acutorostrata), gray whales
(Eschrichtius robustus), killer whales
(Orcinus orca), northern fur seals
(Callorhinus ursinus), fin whales (B.
physalus), and humpback whales
(Megaptera novaeangliae).
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
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]]>Agencies
[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72678-72680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30399]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA799
Atlantic Highly Migratory Species; Exempted Fishing, Scientific
Research, Display, and Chartering Permits; Letters of Acknowledgment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its intent to issue Exempted Fishing Permits
(EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of
Acknowledgment (LOAs), and Chartering Permits for the collection of
Atlantic Highly Migratory Species (HMS) in 2012. In general, EFPs and
related permits would authorize collection of a limited number of
tunas, swordfish, billfishes, and sharks from Federal waters in the
Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of
scientific data collection and public display. Chartering Permits allow
the collection of HMS on the high seas or in the Exclusive Economic
Zone of other nations. Generally, these permits will be valid from the
date of issuance through December 31, 2012, unless otherwise specified,
subject to the terms and conditions of individual permits.
DATES: Written comments on these activities received in response to
this notice will be considered by NMFS when issuing EFPs and related
permits and must be received on or before December 27, 2011.
ADDRESSES: Comments may be submitted by any of the following methods:
Email: HMSEFP.2012@noaa.gov. Include in the subject line
the following identifier: 0648-XA799.
Mail: Craig Cockrell, Highly Migratory Species Management
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
Fax: (301) 713-1917.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503,
fax: (301) 713-1917, or Jackie Wilson at (240) 338-3936.
SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are
necessary for the collection of HMS for public display and scientific
research that is exempt from regulations (e.g., seasons, prohibited
species, authorized gear, and minimum sizes) that may prohibit the
collection of live animals or biological samples. Collection for
scientific research and display represents a small portion of the
overall fishing mortality for HMS, and this mortality is counted
against the quota of the species harvested. The terms and conditions of
individual permits are unique; however, all permits will include
reporting requirements, limit the number and species of HMS to be
collected, and only authorize collection in Federal waters of the
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
EFPs and related permits are issued under the authority of the
Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and/or the Atlantic
Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.). Regulations at
600.745 and 635.32 govern scientific research activity, exempted
fishing, chartering arrangements, and exempted educational activities
with respect to Atlantic HMS. Since the Magnuson-Stevens Act does not
consider scientific research to be ``fishing,'' scientific research is
exempt from this statute, and NMFS does not issue EFPs for bona fide
research activities (e.g., research conducted from a research vessel
and not a commercial or recreational fishing vessel) involving species
that are only regulated under the Magnuson-Stevens Act (e.g., most
species of sharks) and not under ATCA. NMFS requests copies of
scientific research plans for these activities and indicates
concurrence by issuing an LOA to researchers to indicate that the
proposed activity meets the definition of research and is therefore
exempt from regulation. Examples of research conducted under LOAs
include tagging and releasing of sharks during bottom longline surveys
to understand the distribution and seasonal abundance of different
shark species, and collecting and sampling sharks caught during trawl
surveys for life history studies.
Scientific research is not exempt from regulation under ATCA. NMFS
issues SRPs for collection of species managed under this statute (e.g.,
tunas, swordfish, billfish, and some species of sharks), which
authorize researchers to collect HMS from bona fide research vessels.
One example of research conducted under SRPs consists of scientific
surveys of HMS conducted from the NOAA research vessels. EFPs are
issued to researchers collecting ATCA-managed species and conducting
research from commercial or recreational fishing vessels. NMFS
regulations concerning the implantation or attachment of archival tags
in Atlantic HMS require scientists to report their activities
associated with these tags. Examples of research conducted under EFPs
include deploying pop-up satellite archival tags on billfish, sharks,
and tunas to determine migration patterns of these species; conducting
billfish larval tows to determine billfish habitat use, life history,
and population structure; and determining catch rates and gear
characteristics of the swordfish buoy gear fishery.
NMFS is also seeking public comment on its intent to issue Display
Permits for
[[Page 72679]]
the collection of sharks and other HMS for public display in 2011.
Collection of sharks and other HMS sought for public display in aquaria
often involves collection when the commercial fishing seasons are
closed, collection of otherwise prohibited species, and collection of
fish below the minimum size for recreational permit holders. NMFS
established a 60-metric ton (mt) whole weight (ww) (approximately 3,000
sharks) quota for the public display and research of sharks (combined)
in the final Fishery Management Plan (FMP) for Atlantic Tunas,
Swordfish, and Sharks (1999 FMP). Collections of animals in both state
and federal waters are deducted from this quota. The quotas available
for scientific research and public display of sandbar and dusky sharks
were modified in Amendment 2 to the 2006 Consolidated HMS FMP (June 24,
2008, 73 FR 35778; corrected on July 15, 2008 73 FR 40658) in light of
the results of recent stock assessments. The public display and
scientific research quotas for sandbar sharks are now limited to 2.78
mt ww (2 mt dressed weight (dw)): 1.39 mt ww for public display and
1.39 mt ww for scientific research. Furthermore, Amendment 2 to the
2006 Consolidated HMS FMP limited dusky shark collection to bona fide
scientific research and prohibits dusky shark collection for public
display. The rule did not modify the overall 60-mt ww quota; rather, it
adjusted the proportion of the quota allocated to sandbar and dusky
sharks. These quotas have been analyzed in conjunction with other
sources of mortality under Amendment 2 to the 2006 Consolidated HMS
FMP, and NMFS has determined that harvesting this amount for public
display will not have a significant impact on the stocks. The number of
sharks harvested for display and research has remained under the annual
60-mt ww quota every year since establishment of the quota. In 2010,
approximately 69 percent of the sharks authorized for public display
and scientific research purposes were actually harvested or discarded
dead. Amendment 3 to the 2006 Consolidated HMS FMP also established a
separate set-aside quota for smoothhound sharks (i.e., smooth dogfish
and Florida smoothhounds) taken for research purposes, which would be
in addition to the overall 60-mt ww quota for the public display and
research of all sharks. However, the smoothhound shark research set-
aside quota is not yet effective and their harvest resulting from
research activities is not yet deducted from the set aside quota for
public display and research of sharks. NMFS will announce when such
regulations become effective through a publication in the Federal
Register.
Exempted fishing permits will continue to be considered for
issuance in 2012, for bycatch reduction research in closed areas of the
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea to test gear
modifications and fishing techniques aimed to avoid incidental capture
of non-target species. In addition to this opportunity for public
comment, the HMS Management Division will seek additional public
comment, as necessary, on specific proposals where research is not
being conducted solely from bona fide research vessels or fishing
vessels specifically contracted to conduct scientific research. NMFS
generally does not consider recreational or commercial vessels bona
fide research vessels. However, if the vessels have been contracted to
only conduct research and not participate in any commercial or
recreational fishing activities during that research, NMFS may consider
those vessels as bona fide research platforms while conducting the
specified research. As an example, NMFS has considered the recreational
and commercial vessels contracted to conduct research under the
Deepwater Horizon/BP oil spill as bona fide research platforms.
Furthermore, NMFS will provide the public with additional opportunities
for comment, as necessary and appropriate, if research could allow
commercial fishing vessels to conduct limited fishing trips inside
closed areas in conjunction with specified research.
The HMS Management Division is also requesting comments on
chartering permits considered for issuance in 2012 to U.S. vessels
fishing for HMS while operating under chartering arrangements. In 2011
there were no chartering permits issued to U.S. fishing vessels. A
chartering arrangement is a contract or agreement between a U.S. vessel
owner and a foreign entity by which the control, use, or services of a
vessel are secured for a period of time for fishing for Atlantic HMS.
Before fishing under a chartering arrangement, the owner of the U.S.
fishing vessel must apply for a Chartering Permit. The vessel
chartering regulations can be found at 635.5(a)(4) and 635.32(e).
In addition, Amendment 2 to the 2006 Consolidated HMS FMP
implemented a shark research fishery. This research fishery is
conducted under the auspices of the exempted fishing program. Research
fishery permit holders assist NMFS in collecting valuable shark life
history data and data for future shark stock assessments. Fishermen
must fill out an application for a shark research permit under the
exempted fishing program to participate in the shark research fishery.
Shark research fishery participants are subject to 100-percent observer
coverage in addition to other terms and conditions. A Federal Register
notice describing the objectives for the shark research fishery in 2012
published on October 31, 2011 (76 FR 67149).
The authorized number of species for 2011, as well as the number of
specimens collected in 2010, is summarized in Table 1. The number of
specimens collected in 2011 will be available when all 2011 interim and
annual reports are submitted to NMFS. In 2010, the number of specimens
collected was less than the number of authorized specimens for most
permit types, with the exception of the number of larvae collected
under billfish EFPs, and sharks taken under SRPs and Display permits.
It is difficult to control the quantity of larvae that may be caught
when sampling fish larvae. However, the impacts of these collections on
fish populations are not expected to be significant given the high
level of natural mortality of fish larvae. As for sharks taken under
SRPs and Display Permits, 374 of the sharks taken were Atlantic
sharpnose sharks collected during trips using longline gear; it is also
difficult to control the number and species of animals caught when
using this gear type. However, as Atlantic sharpnose sharks were not
found to be overfished nor have overfishing occurring during its most
recent stock assessment in 2007, these collections are not expected to
have any impacts on Atlantic sharpnose populations.
In all cases, mortality associated with an EFP, SRP, Display
Permit, or LOA (except for larvae) is counted against the appropriate
quota. NMFS issued a total of 28 EFPs, SRPs, Display Permits, and LOAs
in 2010 for the collection of HMS. As of October 31, 2011, NMFS has
issued a total of 32 EFPs, SRPs, Display Permits, and LOAs. These do
not include permits that were issued for research related to the
Deepwater Horizon/BP oil spill in the Gulf of Mexico. In 2011, seven
permits were issued for research related to the oil spill in the Gulf
of Mexico.
[[Page 72680]]
Table 1--Summary of HMS Exempted Permits Issued in 2010 and 2011. ``HMS'' Refers to Multiple Species Being Collected Under a Given Permit Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 2011
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Authorized Fish kept/ Authorized
Permit type Permits Authorized larvae discarded Larvae kept Permits Authorized larvae
issued * * fish (num) (num) dead (num) (num) issued * * fish (num) (num)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP
HMS......................................... 1 454 0 0 0 2 273 0
Shark....................................... 9 755 0 607 0 8 1,377 0
Tuna........................................ 5 295 0 67 0 5 695 0
Billfish.................................... 2 0 1,000 0 2,327 2 40 1,000
SRP
HMS......................................... 0 0 0 0 0 1 83 0
Shark....................................... 1 140 0 [dagger]345 0 3 1,365 0
Tuna........................................ 0 0 0 0 0 1 110 0
Display
HMS......................................... 2 153 0 1 0 2 124 0
Shark....................................... 2 107 0 [dagger]113 0 3 87 0
-------------------------------------------------------------------------------------------------------
Total................................... 22 1,904 1,000 1,133 2,327 27 4,154 1,000
LOA *
Shark....................................... 6 4,140 0 2,000 0 5 5,367 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections made under
an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. Permitees are encouraged to report all fishing
activities in a timely manner.
* * 2010 & 2011 permits issued listed in Table 1 do not include permits issued solely for research related to the Deepwater Horizon/BP oil spill
research in the Gulf of Mexico.
[dagger] All additional collections above the authorized levels were due to incidentally caught Atlantic sharpnose sharks.
Final decisions on the issuance of any EFPs, SRPs, Display Permits,
and Chartering Permits will depend on the submission of all required
information about the proposed activities, NMFS's review of public
comments received on this notice, an applicant's reporting history on
past permits issued, past law enforcement violations, consistency with
relevant NEPA documents, and any consultations with appropriate
Regional Fishery Management Councils, states, or Federal agencies. NMFS
does not anticipate any significant environmental impacts from the
issuance of these EFPs as assessed in the 1999 FMP and Amendment 2 to
the 2006 Consolidated HMS FMP.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: November 21, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-30399 Filed 11-23-11; 8:45 am]
BILLING CODE 3510-22-P
