Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2013 Research Fishery, 67631-67633 [2012-27542]
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Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices
Dated: November 5, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012–27463 Filed 11–9–12; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC348
Endangered Species; File Nos. 17367
and 17364
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications.
AGENCY:
Notice is hereby given that
the U.S. Fish and Wildlife Service
(USFWS), Southeast Regional Office,
Century Boulevard, Atlanta, GA 30602
[Thomas Sinclair: Responsible Party],
has applied in due form for a permit
[File No. 17367] to take shortnose
sturgeon (Acipenser brevirostrum) and
Atlantic sturgeon (Acipenser oxyrinchus
oxyrinchus) for purposes of conducting
scientific research; and also that the
USFWS, Northeast Fishery Center, PO
Box 75, Lamar, PA 16848 [Michael
Millard: Responsible Party], has applied
in due form for a permit [File No.
17364] to take Atlantic sturgeon for
purposes of conducting scientific
research.
SUMMARY:
Written, telefaxed, or email
comments must be received on or before
December 13, 2012.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the Features box on the
Applications and Permits for Protected
Species (APPS) home page, https://
apps.nmfs.noaa.gov, and then selecting
File Nos. 17367 or 17364 from the list
of available applications.
These documents are also available
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;
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, Florida
33701; phone (727) 824–5312; fax (727)
824–5309; and
Northeast Region, NMFS, 55 Great
Republic Drive, Gloucester, MA 01930;
phone (978) 281–9328; fax (978) 281–
9394.
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Written comments on either
application should be submitted to the
Chief, Permits and Conservation
Division
• By email to
NMFS.Pr1Comments@noaa.gov (include
the File No. in the subject line of the
email);
• By facsimile to (301)713–0376; or
• At the address listed above.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on the
application(s) would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead or Colette Cairns at
(301)427–8401.
SUPPLEMENTARY INFORMATION: The
subject permits are requested under the
authority of 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).
File No. 17367: The applicant
proposes using existing captive
populations of shortnose and Atlantic
sturgeon to conduct scientific research
facilitating the development of new
methods needed for achieving species
recovery in four facilities in the
Southeast Region of the USFWS.
Research would include nutrition,
physiology, propagation, contaminants,
genetics, fish health, cryopreservation,
tagging, refugia, and other collaborative
research with others. Additionally, work
would examine abiotic factors (e.g., pH,
temperature, salinity dissolved oxygen,
etc.) potentially influencing distribution
and abundance in the wild. The permit
would be valid for five years from the
date of issuance.
File No. 17364: The applicant
proposes refining propagation and
culture techniques of captive Atlantic
sturgeon held in refugia at the USFWS’s
Northeast Fisheries Center providing a
source of research animals for studies
related to tagging, tracking, behavior,
physiology, genetics, health,
cryopreservation, and other methods for
population conservation, recovery, or
enhancement of the species in the wild.
The permit would be valid for five years
from the date of issuance.
Dated: November 7, 2012.
P. Michael Payne,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2012–27514 Filed 11–9–12; 8:45 am]
BILLING CODE 3510–22–P
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67631
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC280
Atlantic Highly Migratory Species;
Atlantic Shark Management Measures;
2013 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 2013 shark
research fishery from commercial shark
fishermen with directed or incidental
shark limited access permits. The shark
research fishery allows for the collection
of fishery-dependent data for future
stock assessments 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 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.
SUMMARY:
Shark Research Fishery
Applications must be received no later
than 5 p.m., local time, on December 13,
2012.
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 that
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).
DATES:
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67632
Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices
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 (Amendment 2)
(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 additional
sharks, including sandbar sharks. Only
the commercial shark fishermen
selected to participate in the shark
research fishery are authorized to land
sandbar sharks subject to the sandbar
quota available each year. The selected
shark research fishery permittees will
also have access to the non-sandbar
LCS, SCS, and pelagic shark quotas.
Generally, the shark research fishery
permits are valid only for the calendar
year for which they are issued.
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.
As established in Amendment 2, since
2008, the base quotas for the sandbar
and non-sandbar LCS research fisheries
have been reduced to account for earlier
overharvests in the non-sandbar LCS
and sandbar shark fisheries. These 5year quota reductions end on December
31, 2012. Given the end of the 5-year
reduction period on December 31, 2012,
and because the fishery did not exceed
its quota in 2012 and thus no further
reductions are required, in the 2013
shark specifications (77 FR 61562) the
sandbar research fishery quota reverts to
the initial base quota (i.e., prior to the
overharvest deduction) of 116.6 mt dw
and the 2013 non-sandbar LCS research
fishery quota reverts to 50 mt dw.
The specific 2013 trip limits and
number of trips per month will depend
on the number of selected vessels, the
availability of observers, the available
quota, and the objectives of the research
fishery and will be included in the
permit terms at time of issuance. The
trip limits and the number of trips taken
per month 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 and
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SUPPLEMENTARY INFORMATION:
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sets, soak times, length of longline). In
2012, we split the sandbar and nonsandbar LCS research fishery quotas
equally among selected participants,
with each vessel allocated 14 metric
tons (mt) dressed weight (dw) of
sandbar shark research fishery quota
and 6 mt dw of non-sandbar large
coastal shark research fishery quota.
Participants were also required to keep
any dead sharks, unless they were a
prohibited species, in which case they
were required to release them, and were
restricted by the number of longline sets
as well as the number of hooks they
could deploy and have on board the
vessel. The vessels participating in the
shark research fishery fished an average
of one trip per month.
In order to participate in the shark
research fishery, commercial shark
fishermen need to submit a completed
Shark Research Fishery Application by
the deadline noted above (see DATES)
showing that the vessel and owner(s)
meet the specific criteria outlined
below.
Research Objectives
Each year, 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 2013 are based
on the 2008 Biological Opinion for
Continued Authorization of Shark
Fisheries in Amendment 2 to the
Consolidated HMS FMP, the 2008
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 and
SEDAR 29, 2012 U.S. Gulf of Mexico
blacktip shark stock assessment. The
2013 research objectives are:
• Collect reproductive, length, sex,
and age data from sandbar and other
sharks throughout the calendar year for
species-specific stock assessments;
• Monitor the size distribution of
sandbar sharks and other species
captured in the fishery;
• Continue on-going tagging shark
programs for identification of migration
corridors and stock structure using dart
and/or spaghetti tags;
• Maintain time-series of abundance
from previously derived indices for the
shark BLL observer program;
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• Acquire fin-clip samples of all
shark and other 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 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 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, blacktip, 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 and other sharks 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 be accepted only from
commercial shark fishermen who hold a
current directed or incidental shark
limited access permit. While incidental
permit holders are welcome to submit
an application, to ensure that an
appropriate number of sharks are landed
to meet the research objectives for this
year, we will give priority to directed
permit holders as recommended by the
shark board. As such, qualified
incidental permit holders will be
selected only 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;
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Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices
srobinson on DSK4SPTVN1PROD with
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 contact
NMFS to arrange the placement of an
observer as required per § 635.7, will
not be considered for participation in
the 2013 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 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 and thus did not require
an observer. Applicants who do not
possess a valid 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 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 and
develop a list of qualified applicants
from those applications that are deemed
complete. A qualified applicant is an
applicant that has submitted a complete
application by the deadline (see DATES)
and has met the selection criteria listed
above. Qualified applicants are eligible
to be selected to participate in the shark
research fishery for 2013. The HMS
Management Division will provide the
list of qualified applicants without
identificating 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
observers, 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
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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, we will notify the selected
applicants and issue the shark research
fishery permits. The shark research
fishery permits will be valid only in
calendar year 2013. If needed, we 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 2013 shark
research fishery, the research objectives
set forth by the shark board, the extent
of other restrictions placed on the
vessel, 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 LCS, SCS, and pelagic
sharks subject to existing retention
limits on trips without a NMFSapproved 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.
NMFS annually invites commercial
shark permit holders (directed and
incidental) to submit an application to
participate in the shark research fishery.
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 by the deadline
(see DATES), and NMFS’ review of
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67633
applicant information as outlined above.
The 2013 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: November 7, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–27542 Filed 11–9–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC349
North Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The North Pacific Fishery
Management Council (Council) and its
advisory committees will hold public
meetings in Anchorage, AK.
DATES: The meetings will be held
December 3, 2012 through December 11,
2012. See SUPPLEMENTARY INFORMATION
for specific dates and times.
ADDRESSES: The meetings will be held at
the Anchorage Hilton Hotel, 500 W 3rd
Avenue, Anchorage, AK.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Avenue, Suite 306, Anchorage, AK
99501–2252.
FOR FURTHER INFORMATION CONTACT:
David Witherell, Council staff;
telephone: (907) 271–2809.
SUPPLEMENTARY INFORMATION: The
Council will begin its plenary session at
8 a.m. on Wednesday, December 5
continuing through Tuesday, December
11. The Scientific Statistical Committee
(SSC) will begin at 8 a.m. on Monday,
December 3 and continue through
Wednesday, December 5, the Council’s
Advisory Panel (AP) will begin at 8 a.m.
on Tuesday, December 4 and continue
through Saturday, December 8. The
Enforcement Committee will meet
Tuesday, December 4, from 1 p.m. to 4
p.m. The Halibut Charter Committee
will meet Tuesday, December 4, from 3
p.m. to 7 p.m. All meetings are open to
the public, except executive sessions.
Council Plenary Session: The agenda
for the Council’s plenary session will
include the following issues. The
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67631-67633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27542]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC280
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; 2013 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 2013 shark
research fishery from commercial shark fishermen with directed or
incidental shark limited access permits. The shark research fishery
allows for the collection of fishery-dependent data for future stock
assessments 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 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 December 13, 2012.
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 that 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).
[[Page 67632]]
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
(Amendment 2) (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 additional sharks, including sandbar sharks. Only the
commercial shark fishermen selected to participate in the shark
research fishery are authorized to land sandbar sharks subject to the
sandbar quota available each year. The selected shark research fishery
permittees will also have access to the non-sandbar LCS, SCS, and
pelagic shark quotas. Generally, the shark research fishery permits are
valid only for the calendar year for which they are issued. 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.
As established in Amendment 2, since 2008, the base quotas for the
sandbar and non-sandbar LCS research fisheries have been reduced to
account for earlier overharvests in the non-sandbar LCS and sandbar
shark fisheries. These 5-year quota reductions end on December 31,
2012. Given the end of the 5-year reduction period on December 31,
2012, and because the fishery did not exceed its quota in 2012 and thus
no further reductions are required, in the 2013 shark specifications
(77 FR 61562) the sandbar research fishery quota reverts to the initial
base quota (i.e., prior to the overharvest deduction) of 116.6 mt dw
and the 2013 non-sandbar LCS research fishery quota reverts to 50 mt
dw.
The specific 2013 trip limits and number of trips per month will
depend on the number of selected vessels, the availability of
observers, the available quota, and the objectives of the research
fishery and will be included in the permit terms at time of issuance.
The trip limits and the number of trips taken per month 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 and sets, soak times, length of longline). In 2012, we
split the sandbar and non-sandbar LCS research fishery quotas equally
among selected participants, with each vessel allocated 14 metric tons
(mt) dressed weight (dw) of sandbar shark research fishery quota and 6
mt dw of non-sandbar large coastal shark research fishery quota.
Participants were also required to keep any dead sharks, unless they
were a prohibited species, in which case they were required to release
them, and were restricted by the number of longline sets as well as the
number of hooks they could deploy and have on board the vessel. The
vessels participating in the shark research fishery fished an average
of one trip per month.
In order to participate in the shark research fishery, commercial
shark fishermen need to submit a completed Shark Research Fishery
Application by the deadline noted above (see DATES) showing that the
vessel and owner(s) meet the specific criteria outlined below.
Research Objectives
Each year, 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 2013 are based on the 2008 Biological Opinion
for Continued Authorization of Shark Fisheries in Amendment 2 to the
Consolidated HMS FMP, the 2008 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 and SEDAR 29, 2012 U.S. Gulf of Mexico
blacktip shark stock assessment. The 2013 research objectives are:
Collect reproductive, length, sex, and age data from
sandbar and other sharks throughout the calendar year for species-
specific stock assessments;
Monitor the size distribution of sandbar sharks and other
species captured in the fishery;
Continue on-going tagging shark programs for
identification of migration corridors and stock structure using dart
and/or spaghetti tags;
Maintain time-series of abundance from previously derived
indices for the shark BLL observer program;
Acquire fin-clip samples of all shark and other 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 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 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, blacktip, 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 and other sharks
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 be accepted only
from commercial shark fishermen who hold a current directed or
incidental shark limited access permit. While incidental permit holders
are welcome to submit an application, to ensure that an appropriate
number of sharks are landed to meet the research objectives for this
year, we will give priority to directed permit holders as recommended
by the shark board. As such, qualified incidental permit holders will
be selected only 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;
[[Page 67633]]
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 contact NMFS to arrange the placement of an
observer as required per Sec. 635.7, will not be considered for
participation in the 2013 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 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 and thus did not require an observer.
Applicants who do not possess a valid 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 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
and develop a list of qualified applicants from those applications that
are deemed complete. A qualified applicant is an applicant that has
submitted a complete application by the deadline (see DATES) and has
met the selection criteria listed above. Qualified applicants are
eligible to be selected to participate in the shark research fishery
for 2013. The HMS Management Division will provide the list of
qualified applicants without identificating 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 observers, 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, we will notify the selected
applicants and issue the shark research fishery permits. The shark
research fishery permits will be valid only in calendar year 2013. If
needed, we 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 2013
shark research fishery, the research objectives set forth by the shark
board, the extent of other restrictions placed on the vessel, 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 LCS, 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.
NMFS annually invites commercial shark permit holders (directed and
incidental) to submit an application to participate in the shark
research fishery. 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 by the deadline (see DATES), and NMFS' review of
applicant information as outlined above. The 2013 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: November 7, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-27542 Filed 11-9-12; 8:45 am]
BILLING CODE 3510-22-P
