Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits; Letters of Acknowledgment, 69593-69595 [2012-28258]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Notices
lodging, some meals, and incidentals
will be the responsibility of each
mission participant.
Conditions for Participation
Applicants must submit a completed
and signed mission application and
supplemental application materials,
including adequate information on the
company’s (or in the case of a trade
association, member companies’)
products and/or services, primary
market objectives, and goals for
participation. If the Department of
Commerce receives an incomplete
application, the Department may either:
reject the application, request additional
information/clarification, or take the
lack of information into account when
evaluating the applications.
Each applicant must also certify that
the products and services it seeks to
export through the mission are either
produced in the United States, or, if not,
are marketed under the name of a U.S.
firm and have at least fifty-one percent
U.S. content. In the case of a trade
association, the applicant must certify
that for each company to be represented
by the association, the products and/or
services the represented company seeks
to export are either produced in the
United States or, if not, marketed under
the name of a U.S. firm and have at least
fifty-one percent U.S. content.
wreier-aviles on DSK5TPTVN1PROD with
Selection Criteria for Participation
• Suitability of the company’s (or in
the case of a trade association, member
companies’) products or services to the
mission goals.
• Applicant’s (or in the case of a trade
association, member companies’)
potential for business in India and Sri
Lanka, including likelihood of exports
resulting from the mission.
• Consistency of the applicant’s (or in
the case of a trade association, member
companies’) goals and objectives with
the stated scope of the mission.
Additional factors, such as diversity
of company size, type, location, and
demographics, may also be considered
during the review process.
Referrals from political organizations
and any documents containing
references to partisan political activities
(including political contributions) will
be removed from an applicant’s
submission and not considered during
the selection process.
Timeframe for Recruitment and
Applications
Mission recruitment will be
conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
VerDate Mar<15>2010
15:12 Nov 19, 2012
Jkt 229001
calendar—https://export.gov/
trademissions/index.asp—and other
Internet Web sites, press releases to
general and trade media, direct mail,
broadcast fax, notices to industry trade
associations and other multiplier
groups, and publicity at industry
meetings, symposia, conferences, and
trade shows.
Recruitment for the mission began in
August 2012 and will conclude
December 21, 2012 for U.S. company
and trade association participants. The
U.S. Department of Commerce will
being reviewing applications and
making selection decisions on a rolling
basis beginning November 15, 2012,
until the maximum of 20 participants is
selected. Applications received by U.S.
companies after October 12, 2012 and
by U.S. trade associations after
November 12, 2012, will be considered
only if space and scheduling constraints
permit.
Elnora Moye,
Trade Program Assistant.
[FR Doc. 2012–28222 Filed 11–19–12; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC266
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.
ACTION: Notice of intent; request for
comments.
AGENCY:
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 2013. 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, EFPs and
related permits will be valid from the
date of issuance through December 31,
SUMMARY:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
69593
2013, 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 20, 2012.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Email: HMSEFP.2013@noaa.gov.
Include in the subject line the following
identifier: 0648–XC266.
• 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 or Michael Clark, phone:
(301) 427–8503, fax: (301) 713–1917.
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.,
fishing seasons, prohibited species,
authorized gear, closed areas, 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, as appropriate and
applicable. 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 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
E:\FR\FM\20NON1.SGM
20NON1
wreier-aviles on DSK5TPTVN1PROD with
69594
Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Notices
Act (e.g., most species of sharks) and not
under ATCA. 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. 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
the collection of sharks and other HMS
for public display in 2013. 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
VerDate Mar<15>2010
15:12 Nov 19, 2012
Jkt 229001
size. 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 for Atlantic Tunas,
Swordfish, and Sharks (1999 FMP). The
public display and scientific research
quotas for sandbar sharks are 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. Public
display of dusky sharks is prohibited.
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
2011, approximately 58 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.
For the coming year, NMFS is
expecting EFP applications that would
request some form of ‘‘compensation
fishing’’ to offset the expenses for vessel
owners participating in HMS research
efforts. One of the applications would
potentially investigate bycatch
reduction research, specifically; bycatch
‘‘hotspots’’ identified during past
research efforts in closed areas of the
Atlantic Ocean, Gulf of Mexico and
Caribbean Sea, including the Charleston
Bump and Florida East Coast Closed
Areas. As part of compensation fishing,
vessels employed would be authorized
to sell some of their catch to offset
expenses. This research would test gear
modifications and fishing techniques
aimed to avoid incidental capture of
non-target species. The Agency would
provide additional opportunity for
public comment on this research.
Furthermore, NMFS would seek
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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 is also aware of research
activities that may be proposed in 2013
that would investigate bluefin tuna life
history and migration patterns from
pelagic longline vessels. This request
would also potentially involve
compensation fishing (i.e., the ability for
vessels to sell additional bluefin tuna in
excess of the retention limits) to offset
costs of vessels participating in the
research. Compensation fishing is only
authorized if the researchers and vessels
have been issued an EFP, consistent
with § 600.745 regulations. As stated
above, NMFS would seek additional
public comments specifically on this
type of activity, as necessary, before
issuing an EFP if the vessels are not
bona fide research vessels.
NMFS is also requesting comments on
chartering permits considered for
issuance in 2013 to U.S. vessels fishing
for HMS while operating under
chartering arrangements. NMFS has not
issued any chartering permits since
2004. 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 2012, NMFS issued an EFP to
scientists researching the methods
required to successfully culture bluefin
and yellowfin tuna in the United States.
Due to the limited number of specimens
authorized and the fishing gear
employed, the Agency did not seek
additional comment because the
research was within the scope of the
2012 EFP Notice of Intent. Up to six,
24–27’’ yellowfin and bluefin tuna were
collected on rod and reel gear and then
transported fish to land-based holding
tanks where they are kept through their
breeding life. If the scientists are
successful in breeding yellowfin and
bluefin tuna, the research would
ultimately provide larvae and juveniles
for an array of investigations. No release
of fish from the holding tanks is
authorized under the permit. The
Agency expects to receive additional
applications for this type of research in
2013.
In addition, Amendment 2 to the 2006
Consolidated HMS FMP implemented a
shark research fishery. This research
E:\FR\FM\20NON1.SGM
20NON1
69595
Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Notices
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 2013 is
expected to publish in the near future.
The authorized number of species for
2012, as well as the number of
specimens collected in 2011, is
summarized in Table 1. The number of
specimens collected in 2012 will be
available when all 2012 interim and
annual reports are submitted to NMFS.
In 2011, 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 EFPs, SRPs,
and Display Permits, 3,178 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 32 EFPs, SRPs, Display Permits, and
LOAs in 2011 for the collection of HMS.
As of October 31, 2012, NMFS has
issued a total of 43 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 2012, three permits were
issued for research related to the oil
spill in the Gulf of Mexico.
TABLE 1—SUMMARY OF HMS EXEMPTED PERMITS ISSUED IN 2011 AND 2012
[‘‘HMS’’ refers to multiple species being collected under a given permit type]
2011
Permit
type
Authorized
fish
(num)
Permits
issued **
EFP:
HMS ..........................
Shark .........................
Tuna ..........................
Billfish ........................
SRP:
HMS ..........................
Shark .........................
Tuna ..........................
Display:
HMS ..........................
Shark .........................
2012
Authorized
larvae
(num)
2
8
5
2
273
1,377
695
40
0
0
0
1,000
1
3
1
83
1,365
110
0
0
0
2
3
124
87
0
0
Total ...................
27
4,154
LOA *:
Shark .........................
5
5,367
Fish kept/
discarded
dead
(num)
Larvae kept
(num)
34
Authorized
fish
(num)
Permits
issued**
Authorized
larvae
(num)
0
0
0
2,243
3
10
5
1
163
1,118
687
20
0
0
0
1,000
0
0
0
4
4
3
83
2,160
610
0
0
2,000
† 178
0
0
2
4
126
115
0
0
1,000
4,485
2,243
36
5,082
3,000
0
699
0
7
2,140
0
† 2,356
6
0
80
† 1,484
0
6
wreier-aviles on DSK5TPTVN1PROD with
* 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.
** 2011 & 2012 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
review of public comments received on
this notice, an applicant’s reporting
history on past permits issued, any prior
violations of marine resource laws
administered by NOAA, consistency
with relevant NEPA documents, and
any consultations with appropriate
Regional Fishery Management Councils,
states, or Federal agencies. NMFS does
VerDate Mar<15>2010
15:12 Nov 19, 2012
Jkt 229001
not anticipate any significant
environmental impacts from the
issuance of these EFPs as assessed in the
1999 FMP, Amendment 2 to the 2006
Consolidated HMS FMP, 2011 Bluefin
Tuna Specifications, and 2012
Swordfish Specifications.
Dated: November 14, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–28258 Filed 11–19–12; 8:45 am]
BILLING CODE 3510–22–P
Authority: 16 U.S.C. 971 et seq. and 16
U.S.C. 1801 et seq.
PO 00000
Frm 00006
Fmt 4703
Sfmt 9990
E:\FR\FM\20NON1.SGM
20NON1
]]>Agencies
[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69593-69595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28258]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC266
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 2013. 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, EFPs and related permits will be
valid from the date of issuance through December 31, 2013, 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 20, 2012.
ADDRESSES: Comments may be submitted by any of the following methods:
Email: HMSEFP.2013@noaa.gov. Include in the subject line
the following identifier: 0648-XC266.
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 or Michael Clark,
phone: (301) 427-8503, fax: (301) 713-1917.
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., fishing seasons,
prohibited species, authorized gear, closed areas, 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, as appropriate and
applicable. 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
Sec. 600.745 and Sec. 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
[[Page 69594]]
Act (e.g., most species of sharks) and not under ATCA. 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. 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 the collection of sharks and other HMS for public display
in 2013. 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. 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 for Atlantic Tunas, Swordfish, and Sharks (1999 FMP).
The public display and scientific research quotas for sandbar sharks
are 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. Public display
of dusky sharks is prohibited. 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 2011, approximately 58 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.
For the coming year, NMFS is expecting EFP applications that would
request some form of ``compensation fishing'' to offset the expenses
for vessel owners participating in HMS research efforts. One of the
applications would potentially investigate bycatch reduction research,
specifically; bycatch ``hotspots'' identified during past research
efforts in closed areas of the Atlantic Ocean, Gulf of Mexico and
Caribbean Sea, including the Charleston Bump and Florida East Coast
Closed Areas. As part of compensation fishing, vessels employed would
be authorized to sell some of their catch to offset expenses. This
research would test gear modifications and fishing techniques aimed to
avoid incidental capture of non-target species. The Agency would
provide additional opportunity for public comment on this research.
Furthermore, NMFS would 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 is also aware of research activities that may be proposed in
2013 that would investigate bluefin tuna life history and migration
patterns from pelagic longline vessels. This request would also
potentially involve compensation fishing (i.e., the ability for vessels
to sell additional bluefin tuna in excess of the retention limits) to
offset costs of vessels participating in the research. Compensation
fishing is only authorized if the researchers and vessels have been
issued an EFP, consistent with Sec. 600.745 regulations. As stated
above, NMFS would seek additional public comments specifically on this
type of activity, as necessary, before issuing an EFP if the vessels
are not bona fide research vessels.
NMFS is also requesting comments on chartering permits considered
for issuance in 2013 to U.S. vessels fishing for HMS while operating
under chartering arrangements. NMFS has not issued any chartering
permits since 2004. 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
Sec. 635.5(a)(4) and Sec. 635.32(e).
In 2012, NMFS issued an EFP to scientists researching the methods
required to successfully culture bluefin and yellowfin tuna in the
United States. Due to the limited number of specimens authorized and
the fishing gear employed, the Agency did not seek additional comment
because the research was within the scope of the 2012 EFP Notice of
Intent. Up to six, 24-27'' yellowfin and bluefin tuna were collected on
rod and reel gear and then transported fish to land-based holding tanks
where they are kept through their breeding life. If the scientists are
successful in breeding yellowfin and bluefin tuna, the research would
ultimately provide larvae and juveniles for an array of investigations.
No release of fish from the holding tanks is authorized under the
permit. The Agency expects to receive additional applications for this
type of research in 2013.
In addition, Amendment 2 to the 2006 Consolidated HMS FMP
implemented a shark research fishery. This research
[[Page 69595]]
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 2013 is expected to publish in the near
future.
The authorized number of species for 2012, as well as the number of
specimens collected in 2011, is summarized in Table 1. The number of
specimens collected in 2012 will be available when all 2012 interim and
annual reports are submitted to NMFS. In 2011, 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
EFPs, SRPs, and Display Permits, 3,178 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 32 EFPs, SRPs, Display Permits, and LOAs
in 2011 for the collection of HMS. As of October 31, 2012, NMFS has
issued a total of 43 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 2012, three
permits were issued for research related to the oil spill in the Gulf
of Mexico.
Table 1--Summary of HMS Exempted Permits Issued in 2011 and 2012
[``HMS'' refers to multiple species being collected under a given permit type]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
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......................................... 2 273 0 34 0 3 163 0
Shark....................................... 8 1,377 0 [dagger] 0 10 1,118 0
2,356
Tuna........................................ 5 695 0 6 0 5 687 0
Billfish.................................... 2 40 1,000 0 2,243 1 20 1,000
SRP:
HMS......................................... 1 83 0 80 0 4 83 0
Shark....................................... 3 1,365 0 [dagger] 0 4 2,160 0
1,484
Tuna........................................ 1 110 0 0 0 3 610 2,000
Display:
HMS......................................... 2 124 0 6 0 2 126 0
Shark....................................... 3 87 0 [dagger] 0 4 115 0
178
-------------------------------------------------------------------------------------------------------
Total................................... 27 4,154 1,000 4,485 2,243 36 5,082 3,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
LOA *:
Shark....................................... 5 5,367 0 699 0 7 2,140 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.
** 2011 & 2012 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 review of public
comments received on this notice, an applicant's reporting history on
past permits issued, any prior violations of marine resource laws
administered by NOAA, 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, Amendment 2 to the 2006 Consolidated HMS FMP, 2011
Bluefin Tuna Specifications, and 2012 Swordfish Specifications.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: November 14, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-28258 Filed 11-19-12; 8:45 am]
BILLING CODE 3510-22-P
