Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits; Letters of Acknowledgment, 69823-69825 [2013-27969]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69823-69825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27969]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC974


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.

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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 Atlantic highly 
migratory species (HMS) in 2014. Exempted fishing permits and related 
permits would authorize collection of a limited number of tunas, 
swordfish, billfishes, and sharks (collectively known as HMS) 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 under certain conditions. 
Generally, EFPs and related permits will be valid from the date of 
issuance through December 31, 2014, 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 23, 2013.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: nmfs.hms.efp2014@noaa.gov. Include in the subject 
line the following identifier: 0648-XC974.
     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.

SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are 
necessary for the collections of HMS for public display and scientific 
research to exempt them from regulations (e.g., fishing seasons, 
prohibited species, authorized gear, closed areas, and minimum sizes) 
that may otherwise prohibit the collection. 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 50 
CFR 600.745 and 635.32 govern scientific research activity, exempted 
fishing, chartering arrangements, and exempted public display and 
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 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. For example, in the past, NMFS has 
determined that commercial pelagic longline vessels assisting with 
population surveys for sharks are considered bona fide research vessels 
while engaged only in the specified research. NMFS requests copies of 
scientific research plans for these activities and acknowledges the 
activity by issuing an LOA to researchers to indicate that the proposed 
activity meets the definition of research. 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 which authorize researchers to collect HMS from bona fide 
research vessels for collection of species managed under this statute 
(e.g., tunas, swordfish, billfish, and some species of sharks). 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 2014. 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 regulatory 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). Out of this 60 mt ww quota, 1.4 mt ww is set aside to 
collect sandbar sharks under

[[Page 69824]]

a display permit and 1. 4 mt ww is set aside to collect sandbar sharks 
under EFPs. Public display of dusky sharks is prohibited; NMFS 
considers collection of dusky sharks for research under an EFP and/or 
SRP on a case-by-case basis. The environment effects of these quotas 
have been analyzed in conjunction with other sources of mortality in 
the 2006 Consolidated HMS FMP and its amendments, and NMFS has 
determined that harvesting this amount for public display and 
scientific research 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 2012, approximately 39 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, Florida smoothhounds, and Gulf 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 an EFP application that 
would request the tagging of white sharks to track their migration 
patterns in the Northwest Atlantic. In 2012 and 2013, NMFS issued such 
a permit to conduct this tagging research on white sharks using the R/V 
Ocearch. After issuance of the permit, a few members of the public 
contacted NMFS about the use of the R/V Ocearch for tagging white 
sharks. They expressed concern about the relatively recent, but 
unrelated, incidental mortality of a white shark tagged off the coast 
of South Africa and requested that NMFS not issue research permits to 
authorize similar activities in U.S. waters. NMFS recognizes that this 
kind of research potentially could result in incidental mortality, 
although no such mortality has occurred in relation to this particular 
permit. Research such as this is important to better understand shark 
life history and provides valuable information for determining overall 
stock health. Further, it is in the researcher's best interest to 
ensure that incidental mortality does not occur due to the high costs 
involved with installing the tags on sharks (i.e., a dead shark 
represents a lost tag and little or no data). Although not anticipated, 
if a disproportionate number of sharks were to die as a result of this 
or similar research activities, then the following year, NMFS would 
consider that information deciding whether to issue permits to those 
researchers or may require additional actions to minimize the mortality 
of the shark before issuing any permits. In the researcher's 2012 
annual report to NMFS, they reported tagging 4 white sharks and 1 
porbeagle shark without any mortality. NMFS requests public comment 
specific to this research during the comment period of this notice.
    The majority of EFPs and related permits described within this 
annual notice relate to scientific sampling and tagging of Atlantic HMS 
within existing quotas, the impacts of which have been previously 
analyzed in various environmental assessments and environmental impact 
statements for Atlantic HMS. NMFS intends to issue these permits 
without additional opportunity for public comment beyond what is 
provided in this notice. Occasionally NMFS receives applications for 
research activities that were not anticipated or for research that is 
outside the scope of general scientific sampling and tagging of 
Atlantic HMS or, rarely, for research that is particularly 
controversial. Should NMFS receive such applications, NMFS will provide 
additional opportunity for public comment.
    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 with foreign countries. 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 50 CFR 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 permit 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 2014 and announcing that NMFS will be accepting applications 
is expected to publish in the near future.
    The authorized number of species for 2013, as well as the number of 
specimens collected in 2012, is summarized in Table 1. The number of 
specimens collected in 2013 will be available when all 2013 interim and 
annual reports are submitted to NMFS. In 2012, the number of specimens 
collected was less than the number of authorized specimens for most 
permit types, with the exception of the number of sharks taken under 
EFPs and Display permits. For sharks taken under EFPs, SRPs, and 
Display Permits 1,017 of the sharks caught were Atlantic sharpnose 
sharks collected during trips using longline gear. It is difficult to 
control the number and species of animals caught when using this gear 
type. Atlantic sharpnose sharks were not determined to be overfished 
nor experiencing overfishing in a 2007 stock assessment; therefore, the 
overages in Table 1 for certain permit categories in 2012 are not 
expected to have negative ecological impacts on the stock. When added 
to the total number of sharks discarded dead and kept in 2012, the 
1,017 Atlantic sharpnose sharks caught is within the established 60 mt 
quota for EFPs, SRPs, and display permits. A new stock assessment is 
underway and any changes to the Atlantic sharpnose stock status could 
limit the amount of this species that may be authorized for collection 
in the future.
    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 43 EFPs, SRPs, Display Permits, and LOAs 
in 2012 for the collection of HMS. As of November 14, 2013, NMFS has 
issued a total of 38 EFPs, SRPs, Display Permits, and LOAs.

[[Page 69825]]



                                        Table 1--Summary of HMS Exempted Fishing Permits Issued in 2011 and 2012
                                     [``HMS'' refers to multiple species being collected under a given permit type]
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                                                                                2012                                                2013
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                                                                                          Fish kept/
                                                    Permits     Authorized   Authorized   discarded   Larvae kept    Permits     Authorized   Authorized
                   Permit type                     issued **       fish        larvae        dead       (number)    issued **       fish        larvae
                                                                 (number)     (number)     (number)                               (number)     (number)
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EFP:
    HMS.........................................            3          163            0            0            0            3          229            0
    Shark.......................................           10        1,118            0     [dagger]            0           10        3,239            0
                                                                                               1,145
    Tuna........................................            5          687            0            0            0            5          327            0
    Billfish....................................            1           20        1,000            0        2,243            1           30        1,000
SRP:
    HMS.........................................            4           83            0            1            0            3          941            0
    Shark.......................................            4        2,160            0          134            0            3        2,132            0
    Tuna........................................            3          610        2,000            0            0            2           80         2000
Display:
    HMS.........................................            2          126            0            0            0            2           94            0
    Shark.......................................            4          115            0     [dagger]            0            4          121            0
                                                                                                 170
                                                 -------------------------------------------------------------------------------------------------------
        Total...................................           36        5,082        3,000        4,485        2,243           32        7,193        3,000
LOA *:
    Shark.......................................            7        2,140            0          699            0            6        2,770            0
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* 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.
** 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, the 2006 Consolidated HMS FMP and its amendments, 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 15, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-27969 Filed 11-20-13; 8:45 am]
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