Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2016 Research Fishery, 68513-68515 [2015-28257]
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
these devices has the potential to result
in Level B harassment of marine
mammals. Level B harassment of
pinnipeds hauled out on ice may also
occur, in the Antarctic only, as a result
of visual disturbance from vessels
conducting SWFSC research.
The SWFSC conducts fisheries
research surveys in the California
Current Ecosystem (CCE), the Eastern
Tropical Pacific (ETP), and the Antarctic
Marine Living Resources Ecosystem
(AMLR). As required by the MMPA,
SWFSC’s request was considered
separately for each specified
geographical region, and three separate
LOAs have been issued. In the CCE,
SWFSC is authorized to take individuals
of seventeen species by Level A
harassment, serious injury, or mortality
(M/SI + Level A) and of 34 species by
Level B harassment. In the ETP, SWFSC
is authorized to take individuals of
eleven species by M/SI + Level A and
of 31 species by Level B harassment. In
the AMLR, SWFSC is authorized to take
individuals of seventeen species by
Level B harassment. No takes by M/SI
+ Level A are anticipated in the AMLR.
jstallworth on DSK7TPTVN1PROD with NOTICES
Authorization
We have issued LOAs to SWFSC
authorizing the take of marine mammals
incidental to fishery research activities,
as described above. Take of marine
mammals will be minimized through
implementation of the following
mitigation measures: (1) Implementation
of a ‘‘move-on’’ rule in certain
circumstances that is expected to reduce
the potential for physical interaction
with marine mammals; (2) use of a
marine mammal excluder device in
certain trawl nets; and (3) use of
acoustic deterrent devices on certain
trawl nets. Additionally, the rule
includes an adaptive management
component that allows for timely
modification of mitigation or monitoring
measures based on new information,
when appropriate. The SWFSC will
submit reports as required.
Based on these findings and the
information discussed in the preamble
to the final rule, the activities described
under these LOAs will have a negligible
impact on marine mammal stocks and
will not have an unmitigable adverse
impact on the availability of the affected
marine mammal stock for subsistence
uses.
Dated: November 2, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2015–28221 Filed 11–4–15; 8:45 am]
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68513
1917 (fax) or Delisse Ortiz at 240–681–
9037.
National Oceanic and Atmospheric
SUPPLEMENTARY INFORMATION: The
Administration
Atlantic shark fisheries are managed
under the authority of the MagnusonRIN 0648–XE244
Stevens Fishery Conservation and
Atlantic Highly Migratory Species;
Management Act (Magnuson-Stevens
Atlantic Shark Management Measures; Act). The Consolidated HMS Fishery
2016 Research Fishery
Management Plan (FMP) is
implemented by regulations at 50 CFR
AGENCY: National Marine Fisheries
part 635.
Service (NMFS), National Oceanic and
The shark research fishery was
Atmospheric Administration (NOAA),
established, in part, to maintain time
Commerce.
series data for stock assessments and to
ACTION: Notice of intent; request for
meet NMFS’ research objectives. Since
applications.
the shark research fishery was
established in 2008, the research fishery
SUMMARY: NMFS announces its request
has allowed for: The collection of
for applications for the 2016 shark
fishery-dependent data for current and
research fishery from commercial shark
future stock assessments; the operation
fishermen with directed or incidental
of cooperative research to meet NMFS’
shark limited access permits. The shark
research fishery allows for the collection ongoing research objectives; the
of fishery-dependent and biological data collection of updated life-history
for future stock assessments and to meet information used in the sandbar shark
(and other species) stock assessment;
the research objectives of the Agency.
The only commercial vessels authorized the collection of data on habitat
preferences that might help reduce
to land sandbar sharks are those
fishery interactions through bycatch
participating in the shark research
mitigation; evaluation of the utility of
fishery. Shark research fishery
the mid-Atlantic closed area on the
permittees may also land other large
recovery of dusky sharks and collection
coastal sharks (LCS), small coastal
of hook-timer and pop-up satellite
sharks (SCS), and pelagic sharks.
archival tag (PSAT) information to
Commercial shark fishermen who are
determine at-vessel and post-release
interested in participating in the shark
mortality of dusky sharks; and
research fishery need to submit a
collection of sharks to determine the
completed Shark Research Fishery
weight conversion factor from dressed
Permit Application in order to be
weight to whole weight.
considered.
The shark research fishery allows
DATES: Shark Research Fishery
selected commercial fishermen the
Applications must be received no later
opportunity to earn revenue from selling
than 5 p.m., local time, on December 7,
additional sharks, including sandbar
2015.
sharks. Only the commercial shark
ADDRESSES: Please submit completed
fishermen selected to participate in the
applications to the HMS Management
shark research fishery are authorized to
Division at:
land sandbar sharks subject to the
´
• Mail: Attn: Guy DuBeck, HMS
sandbar quota available each year. The
Management Division (F/SF1), NMFS,
base quota is 90.7 metric tons (mt)
1315 East-West Highway, Silver Spring, dressed weight (dw), although this
MD 20910.
number may be reduced in the event of
• Fax: (301) 713–1917.
overharvests, if any. The selected shark
• Email: NMFS.Research.Fishery@
research fishery permittees will also be
noaa.gov.
allowed to land other LCS, SCS, and
For copies of the Shark Research
pelagic sharks per any restrictions
Fishery Permit Application, please write established on their shark research
to the HMS Management Division at the fishery permit. Generally, the shark
address listed above, call (301) 427–
research fishery permits are valid only
8503 (phone), or fax a request to (301)
for the calendar year for which they are
713–1917. Copies of the Shark Research issued.
Fishery Application are also available at
The specific 2016 trip limits and
the HMS Web site at https://
number of trips per month will depend
www.nmfs.noaa.gov/sfa/hms/index.htm. on the availability of funding, number of
Additionally, please be advised that
selected vessels, the availability of
your application may be released under observers, the available quota, and the
the Freedom of Information Act.
objectives of the research fishery and
will be included in the permit terms at
FOR FURTHER INFORMATION CONTACT:
´
Karyl Brewster-Geisz or Guy DuBeck, at time of issuance. The number of
participants in the research fishery
(301) 427–8503 (phone) or (301) 713–
DEPARTMENT OF COMMERCE
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
changes each year. In 2015, seven
fishermen were chosen to participate.
From 2008 through 2015, there has been
an average of seven participants each
year with the range from five to eleven.
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 the beginning of the 2015 fishing
season, NMFS split the sandbar and LCS
research fishery quotas equally among
selected participants, with each vessel
allocated 13.3 mt dw of sandbar shark
research fishery quota and 5.7 mt dw of
other LCS research fishery quota. On
August 18, 2015, NMFS implemented
Amendment 6 to the 2006 Consolidated
HMS FMP (80 FR 50074; Amendment 6)
which, among other things, established
a new base annual quota for the sandbar
shark research fishery as 90.7 mt dw
(199,943 lb dw). To account for the
lower sandbar shark quota, NMFS
revised the equal allocation of every
participating vessel in the shark
research fishery to 80 percent of their
current allocation minus their landings
up until Amendment 6 was
implemented. NMFS also established a
regional dusky bycatch limit where once
three or more dusky sharks were caught
dead in any of five designated regions
across the Gulf of Mexico and Atlantic
through the entire year, any shark
research fishery permit holder in that
region was not able to soak their gear for
longer than 3 hours. If, after the change
in soak time, there were three or more
additional dusky shark interactions
(alive or dead) observed, shark research
fishery permit holders were not able to
make a trip in that region for the
remainder of the year, unless otherwise
permitted by NMFS. There were slightly
different measures established for shark
research fishery participants in the midAtlantic shark closed area in order to
allow NMFS observers to place satellite
archival tags on dusky sharks and
collect other scientific information on
dusky sharks while also minimizing any
dusky shark mortality.
Participants were also required to
keep any dead sharks, unless they were
a prohibited species, in which case they
were required to release them. If the
regional non-blacknose SCS, blacknose,
and/or pelagic shark management group
quotas were closed, then the shark
research fishery permit holder fishing in
the closed region had to discard all of
the species from the closed management
groups regardless of condition. Any
sharks, except prohibited species or
closed management groups (i.e., SCS or
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pelagic sharks), caught and brought to
the vessel alive could have been
released alive or landed. In addition,
participants 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
Narragansett Laboratory, the Southeast
Regional Office Protected Resources
Division, and the HMS Management
Division. The research objectives for
2016 are based on various documents,
including the 2012 Biological Opinion
for the Continued Authorization of the
Atlantic Shark Fisheries and the Federal
Authorization of a Smoothhound
Fishery, the 2010/2011 U.S. South
Atlantic blacknose, U.S Gulf of Mexico
blacknose, sandbar, and dusky sharks
stock assessments, and the 2012 U.S.
Gulf of Mexico blacktip shark stock
assessment. The 2016 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 bottom longline observer program;
• Sample fin sets (e.g., dorsal,
pectoral) from prioritized species to
further develop fin identification
guides;
• 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 the
requirements listed in the take permit
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issued under Section 10 of the
Endangered Species Act to the SEFSC
observer program;
• 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;
• Examine the size distribution of
sandbar and other sharks captured
throughout the fishery including in the
Mid-Atlantic shark time/area closure off
the coast of North Carolina from January
1 through July 31; and
• Develop allometric and weight
relationships of selected species of
sharks (e.g., hammerhead, sandbar,
blacktip shark).
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, NMFS 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 and
availability in the commercial shark
fishery (not including sharks caught for
display); past involvement and
compliance with HMS observer
programs per 50 CFR 635.7; past
compliance with HMS regulations at 50
CFR part 635; past and present
availability to participate in the shark
research fishery year-round; 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. Preference will
be given to those applicants who are
willing and available to fish year-round
and who affirmatively state that they
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
intend to do so, in order to ensure the
timely and accurate data collection
NMFS needs to meet this year’s research
objectives. 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 50 CFR
635.7, will not be considered for
participation in the 2016 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 50 CFR 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 noncompliant with any of the HMS observer
program regulations in the previous 2
years, as described above, may be
eligible for future participation in shark
research fishery activities by
demonstrating 2 subsequent years of
compliance with observer regulations at
50 CFR 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 2016. The HMS
Management Division will provide the
list of qualified applicants without
identifying 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
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
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selection meeting in a subsequent
Federal Register notice.
Once the selection process is
complete, NMFS will notify the selected
applicants and issue the shark research
fishery permits. The shark research
fishery permits will be valid only in
calendar year 2016. If needed, NMFS
will communicate with the shark
research fishery permit holders to
arrange a captain’s meeting to discuss
the research objectives and protocols.
NMFS held mandatory captain’s
meetings before observers were placed
on vessels in 2013 (78 FR 14515; March
6, 2013), 2014 (79 FR 12155; March 4,
2014), and 2015 (80 FR 3221; January
22, 2015) and expects to hold one again
in 2016. Once the fishery starts, 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). Shark
research fishery permit holders must
carry a NMFS-approved observer in
order to land sandbar sharks. 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 50 CFR
635.24(a). These retention limits will be
based on available quota, number of
vessels participating in the 2016 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
LCS, SCS, and pelagic sharks subject to
existing retention limits on trips
without a NMFS-approved observer.
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.
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68515
The 2016 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 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–28257 Filed 11–4–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE299
Atlantic Highly Migratory Species;
Advisory Panel
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; solicitation of
nominations.
AGENCY:
NMFS solicits nominations
for the Atlantic Highly Migratory
Species (HMS) Advisory Panel (AP).
NMFS consults with and considers the
comments and views of the HMS AP
when preparing and implementing
Fishery Management Plans (FMPs) or
FMP amendments for Atlantic tunas,
swordfish, sharks, and billfish.
Nominations are being sought to fill
approximately one-third (11) of the seats
on the HMS AP for a 3-year
appointment. Individuals with definable
interests in the recreational and
commercial fishing and related
industries, environmental community,
academia, and non-governmental
organizations are considered for
membership on the HMS AP.
DATES: Nominations must be received
on or before December 7, 2015.
ADDRESSES: You may submit
nominations and requests for the
Advisory Panel Statement of
Organization, Practices, and Procedures
by any of the following methods:
• Email: HMSAP.Nominations@
noaa.gov. Include in the subject line the
following identifier: ‘‘HMS AP
Nominations.’’
• Mail: Margo Schulze-Haugen,
Highly Migratory Species Management
Division, NMFS SF1, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell at (301) 427–8503.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68513-68515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28257]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE244
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; 2016 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 2016 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 and biological data for
future stock assessments and to meet the 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 other 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 7, 2015.
ADDRESSES: Please submit completed applications to the HMS Management
Division at:
Mail: Attn: Gu[yacute] DuBeck, HMS Management Division (F/
SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Fax: (301) 713-1917.
Email: NMFS.Research.Fishery@noaa.gov.
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 Gu[yacute]
DuBeck, at (301) 427-8503 (phone) or (301) 713-1917 (fax) or Delisse
Ortiz at 240-681-9037.
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 shark research fishery was established, in part, to maintain
time series data for stock assessments and to meet NMFS' research
objectives. Since the shark research fishery was established in 2008,
the research fishery has allowed for: The collection of fishery-
dependent data for current and future stock assessments; the operation
of cooperative research to meet NMFS' ongoing research objectives; the
collection of updated life-history information used in the sandbar
shark (and other species) stock assessment; the collection of data on
habitat preferences that might help reduce fishery interactions through
bycatch mitigation; evaluation of the utility of the mid-Atlantic
closed area on the recovery of dusky sharks and collection of hook-
timer and pop-up satellite archival tag (PSAT) information to determine
at-vessel and post-release mortality of dusky sharks; and collection of
sharks to determine the weight conversion factor from dressed weight to
whole weight.
The shark research fishery 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
base quota is 90.7 metric tons (mt) dressed weight (dw), although this
number may be reduced in the event of overharvests, if any. The
selected shark research fishery permittees will also be allowed to land
other LCS, SCS, and pelagic sharks per any restrictions established on
their shark research fishery permit. Generally, the shark research
fishery permits are valid only for the calendar year for which they are
issued.
The specific 2016 trip limits and number of trips per month will
depend on the availability of funding, 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 number of participants in the research fishery
[[Page 68514]]
changes each year. In 2015, seven fishermen were chosen to participate.
From 2008 through 2015, there has been an average of seven participants
each year with the range from five to eleven. 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 the beginning of the 2015 fishing season, NMFS split the sandbar
and LCS research fishery quotas equally among selected participants,
with each vessel allocated 13.3 mt dw of sandbar shark research fishery
quota and 5.7 mt dw of other LCS research fishery quota. On August 18,
2015, NMFS implemented Amendment 6 to the 2006 Consolidated HMS FMP (80
FR 50074; Amendment 6) which, among other things, established a new
base annual quota for the sandbar shark research fishery as 90.7 mt dw
(199,943 lb dw). To account for the lower sandbar shark quota, NMFS
revised the equal allocation of every participating vessel in the shark
research fishery to 80 percent of their current allocation minus their
landings up until Amendment 6 was implemented. NMFS also established a
regional dusky bycatch limit where once three or more dusky sharks were
caught dead in any of five designated regions across the Gulf of Mexico
and Atlantic through the entire year, any shark research fishery permit
holder in that region was not able to soak their gear for longer than 3
hours. If, after the change in soak time, there were three or more
additional dusky shark interactions (alive or dead) observed, shark
research fishery permit holders were not able to make a trip in that
region for the remainder of the year, unless otherwise permitted by
NMFS. There were slightly different measures established for shark
research fishery participants in the mid-Atlantic shark closed area in
order to allow NMFS observers to place satellite archival tags on dusky
sharks and collect other scientific information on dusky sharks while
also minimizing any dusky shark mortality.
Participants were also required to keep any dead sharks, unless
they were a prohibited species, in which case they were required to
release them. If the regional non-blacknose SCS, blacknose, and/or
pelagic shark management group quotas were closed, then the shark
research fishery permit holder fishing in the closed region had to
discard all of the species from the closed management groups regardless
of condition. Any sharks, except prohibited species or closed
management groups (i.e., SCS or pelagic sharks), caught and brought to
the vessel alive could have been released alive or landed. In addition,
participants 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 Narragansett
Laboratory, the Southeast Regional Office Protected Resources Division,
and the HMS Management Division. The research objectives for 2016 are
based on various documents, including the 2012 Biological Opinion for
the Continued Authorization of the Atlantic Shark Fisheries and the
Federal Authorization of a Smoothhound Fishery, the 2010/2011 U.S.
South Atlantic blacknose, U.S Gulf of Mexico blacknose, sandbar, and
dusky sharks stock assessments, and the 2012 U.S. Gulf of Mexico
blacktip shark stock assessment. The 2016 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 bottom longline observer program;
Sample fin sets (e.g., dorsal, pectoral) from prioritized
species to further develop fin identification guides;
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 the requirements listed in the take permit issued under
Section 10 of the Endangered Species Act to the SEFSC observer program;
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;
Examine the size distribution of sandbar and other sharks
captured throughout the fishery including in the Mid-Atlantic shark
time/area closure off the coast of North Carolina from January 1
through July 31; and
Develop allometric and weight relationships of selected
species of sharks (e.g., hammerhead, sandbar, blacktip shark).
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, NMFS 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 and availability in the
commercial shark fishery (not including sharks caught for display);
past involvement and compliance with HMS observer programs per 50 CFR
635.7; past compliance with HMS regulations at 50 CFR part 635; past
and present availability to participate in the shark research fishery
year-round; 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. Preference will be given to
those applicants who are willing and available to fish year-round and
who affirmatively state that they
[[Page 68515]]
intend to do so, in order to ensure the timely and accurate data
collection NMFS needs to meet this year's research objectives. 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 50 CFR 635.7, will not be considered for
participation in the 2016 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 50
CFR 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 50 CFR 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 2016. The HMS Management Division will provide the list of
qualified applicants without identifying 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
qualified applicants to conduct the prescribed research. Where there
are multiple qualified applicants that meet the criteria, permittees
will be randomly selected through a lottery system. If a public meeting
is deemed necessary, NMFS will announce details of a public selection
meeting in a subsequent Federal Register notice.
Once the selection process is complete, NMFS will notify the
selected applicants and issue the shark research fishery permits. The
shark research fishery permits will be valid only in calendar year
2016. If needed, NMFS will communicate with the shark research fishery
permit holders to arrange a captain's meeting to discuss the research
objectives and protocols. NMFS held mandatory captain's meetings before
observers were placed on vessels in 2013 (78 FR 14515; March 6, 2013),
2014 (79 FR 12155; March 4, 2014), and 2015 (80 FR 3221; January 22,
2015) and expects to hold one again in 2016. Once the fishery starts,
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). Shark research
fishery permit holders must carry a NMFS-approved observer in order to
land sandbar sharks. 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 50 CFR
635.24(a). These retention limits will be based on available quota,
number of vessels participating in the 2016 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 LCS, SCS, and pelagic
sharks subject to existing retention limits on trips without a NMFS-
approved observer.
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 2016 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 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-28257 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-22-P