Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, Shark Research Fishery, and Chartering Permits; Letters of Acknowledgment, 80646-80649 [2016-27466]
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80646
Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
Atlantic Tunas Convention Act and the
Magnuson-Stevens Fishery
Conservation and Management Act. The
information collected is essential for the
United States (U.S.) to meet its reporting
obligations to the International
Commission for the Conservation of
Atlantic Tuna.
II. Method of Collection
Dockside and telephone interviews
are used. In lieu of telephone
interviews, respondents may also
provide information online via a Web
tool.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
[FR Doc. 2016–27465 Filed 11–15–16; 8:45 am]
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National Oceanic and Atmospheric
Administration
RIN 0648–XE943
Atlantic Highly Migratory Species;
Exempted Fishing, Scientific Research,
Display, Shark Research Fishery, 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:
III. Data
OMB Control Number: 0648–0380.
Form Number: None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Individuals or
households; business or other for-profit
organizations.
Estimated Number of Unduplicated
Respondents: 15,024.
Estimated Time per Response: 11
minutes for a telephone interview; 5
minutes for a dockside interview; 11⁄2
minutes to respond to a follow-up
validation call for dockside interviews;
1 minute for a biological sampling of
catch.
Estimated Total Annual Burden
Hours: 3,608.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.
Dated: November 9, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
DEPARTMENT OF COMMERCE
NMFS announces its intent to
issue exempted fishing permits (EFPs),
scientific research permits (SRPs),
display permits, letters of
acknowledgment (LOAs), shark research
fishery permits, and chartering permits
for Atlantic highly migratory species
(HMS) in 2017. EFPs 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, bycatch
research, public display, and to evaluate
the efficacy of environmental clean-up
efforts, among other things. LOAs
acknowledge that scientific research
activity aboard a scientific research
vessel is being conducted. Chartering
permits allow the owner of a U.S.
fishing vessel to fish under a chartering
arrangement, which 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 on the high seas or in
the Exclusive Economic Zone of other
nations. Generally, EFPs and related
permits would be valid from the date of
issuance through December 31, 2017,
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 16, 2016.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Email: nmfs.hms.efp2017@
noaa.gov. Include in the subject line the
following identifier: 0648–XE943.
• Mail: Craig Cockrell, Highly
Migratory Species Management Division
SUMMARY:
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(F/SF1), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, phone: (301) 427–8503.
SUPPLEMENTARY INFORMATION: Issuance
of EFPs and related permits are
necessary because HMS regulations
(e.g., fishing seasons, prohibited species,
authorized gear, closed areas, and
minimum sizes) may otherwise prohibit
the collection of live animals and/or
biological samples for data collection
and public display purposes or may
otherwise prohibit certain fishing
activity. Pursuant to 50 CFR parts 600
and 635, a NMFS Regional
Administrator or Director may
authorize, for limited testing, public
display, data collection, exploratory
fishing, compensation fishing,
conservation engineering, health and
safety surveys, environmental cleanup,
and/or hazard removal purposes, the
target or incidental harvest of species
managed under an FMP or fishery
regulations that would otherwise be
prohibited. These permits exempt
permit holders from the specific
portions of the regulations (e.g., fishing
seasons, prohibited species, authorized
gear, closed areas, and minimum sizes)
that may otherwise prohibit the
collection of HMS for public education,
public display, or scientific research.
Permit holders are not exempted from
the regulations in entirety. Collection of
HMS under EFPs, SRPs, LOAs, display,
shark research fishery, and chartering
permits 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/or 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 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. Before issuing
LOAs, EFPs, or SRPs, NMFS requests,
among other things, copies of scientific
research plans. Because the MagnusonStevens Act states that scientific
research activity which is conducted on
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Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
a scientific research vessel is not
fishing, NMFS issues LOAs and not
EFPs for bona fide research activities
(e.g., scientific research being 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 to be bona fide research vessels.
However, if the vessels have been
contracted only to 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 may be
considered ‘‘bona fide research vessels’’
while engaged only in the specified
research. NMFS acknowledges that the
proposed activity meets the definition of
scientific research under the MagnusonStevens Act and not ATCA by issuing
an LOA to researchers. 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 and
bycatch studies.
While scientific research is exempt
under MSA, scientific research is not
exempt from regulation under ATCA.
Therefore, 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 NOAA
research vessels.
EFPs are issued to researchers
collecting ATCA and Magnuson-Stevens
Act-managed species while conducting
research from commercial or
recreational fishing vessels. Examples of
research conducted under EFPs include
collection of young-of-the-year bluefin
tuna for genetic research; conducting
billfish larval tows from private vessels
to determine billfish habitat use, life
history, and population structure;
determining catch rates and gear
characteristics of the swordfish buoy
gear fishery and the green-stick tuna
fishery; and tagging sharks caught on
commercial or recreational fishing gear
to determining post-release mortality
rates.
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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 2017. 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 (e.g., sand
tiger sharks), and collection of fish
below the regulatory minimum size.
Under Amendment 2 to the 2006
Consolidated Atlantic HMS Fishery
Management Plan, NMFS determined
that dusky sharks cannot be collected
for public display.
The majority of EFPs and related
permits described in this annual notice
relate to scientific sampling and tagging
of Atlantic HMS within existing quotas
and the impacts of the activities 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, consistent with the
regulations at 50 CFR 600.745.
In 2016, as in recent years, NMFS
received several requests from
researchers who were collaborating with
the research group OCEARCH to
conduct shark research. However, later
in the year, NMFS also received an
application from OCEARCH indicating
its intent to conduct shark research in
collaboration with a number of
scientists. Specifically, OCEARCH
indicated its intent to coordinate all
shark research it was involved in rather
than require each individual scientist to
apply for and receive their own EFP or
SRP. In July 2016, NMFS issued an SRP
to OCEARCH to tag and collect tissue
samples from a variety sharks in Federal
waters, including white, tiger, great
hammerhead, smooth hammerhead,
bull, sand tiger, shortfin mako, longfin
mako, oceanic whitetip, blue, silky, and
Caribbean reef sharks. Among other
research conducted under this permit,
eight juvenile white sharks were tagged
with satellite or ‘‘smart position only’’
tags off New York in August. Because
the original permit provided
authorization to tag only eight white
sharks, and because there were still
several more research trips planned, at
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80647
the request of the research group, NMFS
amended the permit to add an
additional 25 white sharks in late
August. In mid-September, OCEARCH
moved to Federal waters off the coast of
Massachusetts and began their tagging
and collection activities. Earlier in 2016,
because the Commonwealth of
Massachusetts was in the process of
conducting a mark-recapture study to
assess the population and movement
pattern of white sharks in their state
waters, the Commonwealth of
Massachusetts denied OCEARCH access
to state waters. Once OCEARCH began
conducting research in Federal waters
just outside of Massachusetts state
waters, the state and other organizations
expressed concern regarding the
potential impact of OCEARCH’s tagging
activities on the mark-recapture study. If
OCEARCH requests another group
collaboration permit in 2017 or if
individual researchers request the
addition of OCEARCH on their permit
in 2017, NMFS may issue a
consolidated permit for all researchers
utilizing this platform and would
consider the concerns regarding the
mark-recapture study, any concerns
expressed during the comment period of
this notice, and any other relevant
information when deciding to issue the
permit and associated permit
conditions. Note, however, that the
recent final rule modifying archival tag
permitting and reporting requirements
(August 19, 2016, 81 FR 55376) may
mean that an EFP or SRP may no longer
be needed for OCEARCH tagging
activities as archival tagging activities,
which is a primary focus of OCEARCH
research, no longer require written
authorization from NMFS.
In 2017, NMFS may once again
receive an application for an EFP
regarding purse seine fishing for
Atlantic bluefin tuna. NMFS provided
such an EFP to a purse seine vessel in
2014 and 2015 to study bycatch of large
medium Atlantic bluefin tuna during
otherwise authorized purse seine fishing
operations. Specifically, the EFPs
exempted the vessel owner from the
retention limits on large medium BFT
during otherwise authorized fishing
operations. NMFS last issued a notice of
intent regarding a potential purse seine
EFP in 2014 (79 FR 63896, October 27,
2014), and did not receive any
comments. NMFS issued the EFP for the
2015 fishing season on June 5,
exempting the vessel from the size limit,
with the following terms and
conditions: (1) Mandatory observer
coverage on all trips, (2) all dead bluefin
tuna at haul back must be available to
observers for sampling, (3) sub-legal
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Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
bluefin tuna that are released alive and
in good condition will not be counted
against the vessel’s quota, (4) any sublegal bluefin tuna that are dead at
haulback may not be released by the
vessel operator, and (5) only the
observer has discretion over dead sublegal fish that may be released without
sampling.
Compared to the dead discards that
occurred in 2013, while fishing under
an EFP in 2014 and 2015, the overall
reduction in dead discards was 69 and
64 percent, respectively. In 2016, NMFS
received a similar application to the
2015 request but, as of preparation of
this notice, NMFS had not issued a 2016
EFP because the vessel to be used for
the exempted fishing had not been
issued a valid 2016 Atlantic Tunas
permit in the Purse Seine category, and
thus no otherwise authorized fishing
could occur warranting a study of
associated bycatch. NMFS may receive
a similar request for an EFP in 2017 and
requests comments, via this notice, on
the continuation of such an EFP with
similar terms and conditions should the
permit holder have a properly permitted
Purse Seine vessel. If such an
application requests exemptions that are
significantly different than those
provided in the 2014 and 2015 permits,
NMFS will provide additional
opportunity for public comment.
NMFS is also requesting comments on
chartering permits considered for
issuance in 2017 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 and must also have
been issued all other appropriate
permits. 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 Fishery Management
Plan (FMP) implemented a shark
research fishery. This research fishery is
conducted under the auspices of the
exempted fishing permit program. Shark
research fishery permit holders assist
NMFS in collecting valuable shark life
history and other scientific data
required in shark stock assessments.
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; the evaluation of the utility
of the mid-Atlantic closed area on the
recovery of dusky sharks; and the
collection of hook-timer and pop-up
satellite archival tag information to
determine at-vessel and post-release
mortality of dusky sharks. Fishermen
who wish to participate must fill out an
application for a shark research permit
under the exempted fishing program.
Shark research fishery participants are
subject to 100-percent observer
coverage. All non-prohibited shark
species brought back to the vessel dead
must be retained and will count against
the appropriate quotas of the shark
research fishery participant. During the
2016 shark research fishery, all
participants were limited to a very small
number of dusky shark mortalities on a
regional basis. Once the number of
mortalities occurs in a specific region all
shark research fishery activities must
stop within that region. Also,
participants are limited to two sets per
trip with, one set limited to 150 hooks
and the second set limited to 300 hooks.
All participants are also limited to a
maximum of 500 hooks onboard the
vessel with on a shark research fishery
trip. A Federal Register notice
describing the specific objectives for the
shark research fishery in 2017 and
requesting applications from interested
and eligible shark fishermen is expected
to publish in the near future. NMFS
requests public comment regarding
NMFS’ intent to issue shark research
fishery permits in 2017 during the
comment period of this notice.
The authorized number of species for
2016, as well as the number of
specimens collected in 2015, is
summarized in Table 1. The number of
specimens collected in 2016 will be
available when all 2016 interim and
annual reports are submitted to NMFS.
In 2015, the number of specimens
collected was less than the number of
authorized specimens for all permit
types, other than SRPs issued for shark
research. The slightly higher numbers
(21 sharks) are attributed to slightly
more interactions with Atlantic
sharpnose sharks on longline gear than
anticipated. It is difficult to control the
number and species of animals caught
when using this gear type. These 21
sharks account for approximately 0.1
percent of the 57.2-mt ww quota
available for the collection of most shark
species under EFPs and related permits.
Atlantic sharpnose sharks were
determined to be not overfished and not
experiencing overfishing in a 2013 stock
assessment. Given the status of the
species, the small number of Atlantic
sharpnose sharks harvested above the
authorized level, and the fact that the
total number of sharks harvested across
all permits is still less than the overall
quota, this overharvest is not expected
to have negative ecological impacts on
the stock.
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 36 EFPs, SRPs, display permits, and
LOAs in 2015 for the collection of HMS
and a total of 5 shark research fishery
permits. As of October 4, 2016, NMFS
has issued a total of 39 EFPs, SRPs,
display permits, and LOAs and a total
of 5 shark research fishery permits.
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2015 AND 2016, OTHER THAN SHARK RESEARCH
FISHERY PERMITS
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[‘‘HMS’’ refers to multiple species being collected under a given permit type]
2015
Permit type
Authorized
fish
(num)
Permits
issued
2016
Authorized
larvae
(num)
Fish kept/
discarded
dead
(num)
Larvae kept
(num)
Authorized
fish
(num)
Permits
issued
Authorized
larvae
(num)
EFP
HMS ..........................
Shark .........................
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0
0
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721
0
0
80649
Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2015 AND 2016, OTHER THAN SHARK RESEARCH
FISHERY PERMITS—Continued
[‘‘HMS’’ refers to multiple species being collected under a given permit type]
2015
2016
Permit type
Permits
issued
Authorized
fish
(num)
Authorized
larvae
(num)
Fish kept/
discarded
dead
(num)
Larvae kept
(num)
Permits
issued
Authorized
fish
(num)
Authorized
larvae
(num)
Tuna ..........................
Billfish ........................
SRP
HMS ..........................
Shark .........................
Tuna ..........................
Display
HMS ..........................
Shark .........................
3
....................
928
....................
0
....................
0
....................
0
....................
4
....................
530
....................
0
....................
1
4
1
480
875
60
0
0
0
57
896
0
0
0
0
1
5
1
42
1,165
60
0
0
0
1
3
67
114
0
0
9
17
0
0
....................
3
....................
109
....................
0
Total ...................
LOA *
Shark .........................
28
3,923
0
1,063
0
30
2,874
0
8
2,205
0
1,776
0
9
2,906
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. Permittees are encouraged to report all fishing activities in a timely manner.
Final decisions on the issuance of any
EFPs, SRPs, display permits, shark
research fishery 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, if vessels or applicants
were 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, the
Environmental Assessment for the 2012
Swordfish Specifications, and the
Environmental Assessment for the 2015
Final Bluefin Tuna Quota and Atlantic
Tuna Fisheries Management Measures.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Dated: November 9, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
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National Oceanic and Atmospheric
Administration
RIN 0648–XF041
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The North Pacific Fishery
Management Council (Council) and its
advisory committees will meet
December 6 through December 14, 2016
in Anchorage, AK.
DATES: The Council and its advisory
committees will hold meetings Tuesday,
December 6 through Wednesday,
December 14, 2016. See SUPPLEMENTARY
INFORMATION for specific dates and
times.
SUMMARY:
The meeting will be held at
the Anchorage Hilton Hotel, 500 W. 3rd
Ave., Anchorage, AK 99501.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252; telephone: (907) 271–2809.
FOR FURTHER INFORMATION CONTACT:
David Witherell, Council staff;
telephone: (907) 271–2809.
SUPPLEMENTARY INFORMATION: The
Council will begin its plenary session at
8 a.m. in the Aleutian Room on
Thursday, December 8, continuing
through Wednesday, December 14,
ADDRESSES:
Authority: 16 U.S.C. 971 et seq. and 16
U.S.C. 1801 et seq.
[FR Doc. 2016–27466 Filed 11–15–16; 8:45 am]
DEPARTMENT OF COMMERCE
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2016. The Scientific and Statistical
Committee (SSC) will begin at 8 a.m. in
the King Salmon/Iliamna Room on
Tuesday, December 6 and continue
through Friday December 9, 2016. The
Council’s Advisory Panel (AP) will
begin at 8 a.m. in the Dillingham/
Katmai Room on Wednesday December
7, and continue through Sunday,
December 11, 2016. The Charter Halibut
Management Committee will meet on
Tuesday, December 6, 2016 (room to be
determined) from 9 a.m. to 12 p.m. The
Recreational Quota Entity Committee
will meet on Tuesday, December 6,
2016, from 1 p.m. to 5 p.m. (room to be
determined). The Ecosystem Committee
will meet on Wednesday, December 7,
2016, from 9 a.m. to 12 p.m. (room to
be determined). The Enforcement
Committee will meet on Wednesday,
December 7, 2016, from 1 p.m. to 4 p.m.
(room to be determined).
Agenda
Tuesday, December 6, 2016 through
Wednesday, December 14, 2016
Council Plenary Session: The agenda
for the Council’s plenary session will
include the following issues. The
Council may take appropriate action on
any of the issues identified.
(1) Executive Director’s Report
(2) NMFS Management Report
(including update on 2017 Observer
ADP)
(3) ADF&G Report
(4) NOAA Enforcement Report
(5) USCG Report
(6) USFWS Report
(7) Protected Species Report
(8) IPHC Report (T)
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]]>Agencies
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80646-80649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27466]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE943
Atlantic Highly Migratory Species; Exempted Fishing, Scientific
Research, Display, Shark Research Fishery, 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), shark research fishery permits, and chartering
permits for Atlantic highly migratory species (HMS) in 2017. EFPs 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, bycatch
research, public display, and to evaluate the efficacy of environmental
clean-up efforts, among other things. LOAs acknowledge that scientific
research activity aboard a scientific research vessel is being
conducted. Chartering permits allow the owner of a U.S. fishing vessel
to fish under a chartering arrangement, which 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 on the high seas or in the Exclusive
Economic Zone of other nations. Generally, EFPs and related permits
would be valid from the date of issuance through December 31, 2017,
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 16, 2016.
ADDRESSES: Comments may be submitted by any of the following methods:
Email: nmfs.hms.efp2017@noaa.gov. Include in the subject
line the following identifier: 0648-XE943.
Mail: Craig Cockrell, Highly Migratory Species Management
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503.
SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are
necessary because HMS regulations (e.g., fishing seasons, prohibited
species, authorized gear, closed areas, and minimum sizes) may
otherwise prohibit the collection of live animals and/or biological
samples for data collection and public display purposes or may
otherwise prohibit certain fishing activity. Pursuant to 50 CFR parts
600 and 635, a NMFS Regional Administrator or Director may authorize,
for limited testing, public display, data collection, exploratory
fishing, compensation fishing, conservation engineering, health and
safety surveys, environmental cleanup, and/or hazard removal purposes,
the target or incidental harvest of species managed under an FMP or
fishery regulations that would otherwise be prohibited. These permits
exempt permit holders from the specific portions of the regulations
(e.g., fishing seasons, prohibited species, authorized gear, closed
areas, and minimum sizes) that may otherwise prohibit the collection of
HMS for public education, public display, or scientific research.
Permit holders are not exempted from the regulations in entirety.
Collection of HMS under EFPs, SRPs, LOAs, display, shark research
fishery, and chartering permits 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/or 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. Before issuing
LOAs, EFPs, or SRPs, NMFS requests, among other things, copies of
scientific research plans. Because the Magnuson-Stevens Act states that
scientific research activity which is conducted on
[[Page 80647]]
a scientific research vessel is not fishing, NMFS issues LOAs and not
EFPs for bona fide research activities (e.g., scientific research being
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 to
be bona fide research vessels. However, if the vessels have been
contracted only to 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 may be considered ``bona fide research
vessels'' while engaged only in the specified research. NMFS
acknowledges that the proposed activity meets the definition of
scientific research under the Magnuson-Stevens Act and not ATCA by
issuing an LOA to researchers. 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 and bycatch studies.
While scientific research is exempt under MSA, scientific research
is not exempt from regulation under ATCA. Therefore, 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 NOAA research vessels.
EFPs are issued to researchers collecting ATCA and Magnuson-Stevens
Act-managed species while conducting research from commercial or
recreational fishing vessels. Examples of research conducted under EFPs
include collection of young-of-the-year bluefin tuna for genetic
research; conducting billfish larval tows from private vessels to
determine billfish habitat use, life history, and population structure;
determining catch rates and gear characteristics of the swordfish buoy
gear fishery and the green-stick tuna fishery; and tagging sharks
caught on commercial or recreational fishing gear to determining post-
release mortality rates.
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 2017. 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 (e.g.,
sand tiger sharks), and collection of fish below the regulatory minimum
size. Under Amendment 2 to the 2006 Consolidated Atlantic HMS Fishery
Management Plan, NMFS determined that dusky sharks cannot be collected
for public display.
The majority of EFPs and related permits described in this annual
notice relate to scientific sampling and tagging of Atlantic HMS within
existing quotas and the impacts of the activities 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, consistent with the
regulations at 50 CFR 600.745.
In 2016, as in recent years, NMFS received several requests from
researchers who were collaborating with the research group OCEARCH to
conduct shark research. However, later in the year, NMFS also received
an application from OCEARCH indicating its intent to conduct shark
research in collaboration with a number of scientists. Specifically,
OCEARCH indicated its intent to coordinate all shark research it was
involved in rather than require each individual scientist to apply for
and receive their own EFP or SRP. In July 2016, NMFS issued an SRP to
OCEARCH to tag and collect tissue samples from a variety sharks in
Federal waters, including white, tiger, great hammerhead, smooth
hammerhead, bull, sand tiger, shortfin mako, longfin mako, oceanic
whitetip, blue, silky, and Caribbean reef sharks. Among other research
conducted under this permit, eight juvenile white sharks were tagged
with satellite or ``smart position only'' tags off New York in August.
Because the original permit provided authorization to tag only eight
white sharks, and because there were still several more research trips
planned, at the request of the research group, NMFS amended the permit
to add an additional 25 white sharks in late August. In mid-September,
OCEARCH moved to Federal waters off the coast of Massachusetts and
began their tagging and collection activities. Earlier in 2016, because
the Commonwealth of Massachusetts was in the process of conducting a
mark-recapture study to assess the population and movement pattern of
white sharks in their state waters, the Commonwealth of Massachusetts
denied OCEARCH access to state waters. Once OCEARCH began conducting
research in Federal waters just outside of Massachusetts state waters,
the state and other organizations expressed concern regarding the
potential impact of OCEARCH's tagging activities on the mark-recapture
study. If OCEARCH requests another group collaboration permit in 2017
or if individual researchers request the addition of OCEARCH on their
permit in 2017, NMFS may issue a consolidated permit for all
researchers utilizing this platform and would consider the concerns
regarding the mark-recapture study, any concerns expressed during the
comment period of this notice, and any other relevant information when
deciding to issue the permit and associated permit conditions. Note,
however, that the recent final rule modifying archival tag permitting
and reporting requirements (August 19, 2016, 81 FR 55376) may mean that
an EFP or SRP may no longer be needed for OCEARCH tagging activities as
archival tagging activities, which is a primary focus of OCEARCH
research, no longer require written authorization from NMFS.
In 2017, NMFS may once again receive an application for an EFP
regarding purse seine fishing for Atlantic bluefin tuna. NMFS provided
such an EFP to a purse seine vessel in 2014 and 2015 to study bycatch
of large medium Atlantic bluefin tuna during otherwise authorized purse
seine fishing operations. Specifically, the EFPs exempted the vessel
owner from the retention limits on large medium BFT during otherwise
authorized fishing operations. NMFS last issued a notice of intent
regarding a potential purse seine EFP in 2014 (79 FR 63896, October 27,
2014), and did not receive any comments. NMFS issued the EFP for the
2015 fishing season on June 5, exempting the vessel from the size
limit, with the following terms and conditions: (1) Mandatory observer
coverage on all trips, (2) all dead bluefin tuna at haul back must be
available to observers for sampling, (3) sub-legal
[[Page 80648]]
bluefin tuna that are released alive and in good condition will not be
counted against the vessel's quota, (4) any sub-legal bluefin tuna that
are dead at haulback may not be released by the vessel operator, and
(5) only the observer has discretion over dead sub-legal fish that may
be released without sampling.
Compared to the dead discards that occurred in 2013, while fishing
under an EFP in 2014 and 2015, the overall reduction in dead discards
was 69 and 64 percent, respectively. In 2016, NMFS received a similar
application to the 2015 request but, as of preparation of this notice,
NMFS had not issued a 2016 EFP because the vessel to be used for the
exempted fishing had not been issued a valid 2016 Atlantic Tunas permit
in the Purse Seine category, and thus no otherwise authorized fishing
could occur warranting a study of associated bycatch. NMFS may receive
a similar request for an EFP in 2017 and requests comments, via this
notice, on the continuation of such an EFP with similar terms and
conditions should the permit holder have a properly permitted Purse
Seine vessel. If such an application requests exemptions that are
significantly different than those provided in the 2014 and 2015
permits, NMFS will provide additional opportunity for public comment.
NMFS is also requesting comments on chartering permits considered
for issuance in 2017 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 and must also have been issued all other
appropriate permits. 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 Fishery
Management Plan (FMP) implemented a shark research fishery. This
research fishery is conducted under the auspices of the exempted
fishing permit program. Shark research fishery permit holders assist
NMFS in collecting valuable shark life history and other scientific
data required in shark stock assessments. 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; the
evaluation of the utility of the mid-Atlantic closed area on the
recovery of dusky sharks; and the collection of hook-timer and pop-up
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks. Fishermen who wish to participate
must fill out an application for a shark research permit under the
exempted fishing program. Shark research fishery participants are
subject to 100-percent observer coverage. All non-prohibited shark
species brought back to the vessel dead must be retained and will count
against the appropriate quotas of the shark research fishery
participant. During the 2016 shark research fishery, all participants
were limited to a very small number of dusky shark mortalities on a
regional basis. Once the number of mortalities occurs in a specific
region all shark research fishery activities must stop within that
region. Also, participants are limited to two sets per trip with, one
set limited to 150 hooks and the second set limited to 300 hooks. All
participants are also limited to a maximum of 500 hooks onboard the
vessel with on a shark research fishery trip. A Federal Register notice
describing the specific objectives for the shark research fishery in
2017 and requesting applications from interested and eligible shark
fishermen is expected to publish in the near future. NMFS requests
public comment regarding NMFS' intent to issue shark research fishery
permits in 2017 during the comment period of this notice.
The authorized number of species for 2016, as well as the number of
specimens collected in 2015, is summarized in Table 1. The number of
specimens collected in 2016 will be available when all 2016 interim and
annual reports are submitted to NMFS. In 2015, the number of specimens
collected was less than the number of authorized specimens for all
permit types, other than SRPs issued for shark research. The slightly
higher numbers (21 sharks) are attributed to slightly more interactions
with Atlantic sharpnose sharks on longline gear than anticipated. It is
difficult to control the number and species of animals caught when
using this gear type. These 21 sharks account for approximately 0.1
percent of the 57.2-mt ww quota available for the collection of most
shark species under EFPs and related permits. Atlantic sharpnose sharks
were determined to be not overfished and not experiencing overfishing
in a 2013 stock assessment. Given the status of the species, the small
number of Atlantic sharpnose sharks harvested above the authorized
level, and the fact that the total number of sharks harvested across
all permits is still less than the overall quota, this overharvest is
not expected to have negative ecological impacts on the stock.
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 36 EFPs, SRPs, display permits, and LOAs
in 2015 for the collection of HMS and a total of 5 shark research
fishery permits. As of October 4, 2016, NMFS has issued a total of 39
EFPs, SRPs, display permits, and LOAs and a total of 5 shark research
fishery permits.
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2015 and 2016, Other Than Shark Research Fishery Permits
[``HMS'' refers to multiple species being collected under a given permit type]
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2015 2016
-------------------------------------------------------------------------------------------------------
Permit type Authorized Fish kept/ Authorized
Permits Authorized larvae discarded Larvae kept Permits Authorized larvae
issued fish (num) (num) dead (num) (num) issued fish (num) (num)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP
HMS......................................... 4 207 0 5 0 4 247 0
Shark....................................... 11 1,192 0 79 0 12 721 0
[[Page 80649]]
Tuna........................................ 3 928 0 0 0 4 530 0
Billfish.................................... ........... ........... ........... ........... ........... ........... ........... ...........
SRP
HMS......................................... 1 480 0 57 0 1 42 0
Shark....................................... 4 875 0 896 0 5 1,165 0
Tuna........................................ 1 60 0 0 0 1 60 0
Display
HMS......................................... 1 67 0 9 0 ........... ........... ...........
Shark....................................... 3 114 0 17 0 3 109 0
-------------------------------------------------------------------------------------------------------
Total................................... 28 3,923 0 1,063 0 30 2,874 0
LOA *
Shark....................................... 8 2,205 0 1,776 0 9 2,906 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. Permittees are encouraged to report all fishing
activities in a timely manner.
Final decisions on the issuance of any EFPs, SRPs, display permits,
shark research fishery 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, if vessels or applicants
were 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, the
Environmental Assessment for the 2012 Swordfish Specifications, and the
Environmental Assessment for the 2015 Final Bluefin Tuna Quota and
Atlantic Tuna Fisheries Management Measures.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: November 9, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-27466 Filed 11-15-16; 8:45 am]
BILLING CODE 3510-22-P
