Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment, 64277-64280 [2019-25276]
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Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices
p.m. Eastern Time, Monday, November
25, 2019.
Speakers who wish to expand upon
their oral statements, those who wish to
speak but cannot be accommodated on
the agenda, and those who are unable to
attend are invited to submit written
statements to the NCST, National
Institute of Standards and Technology,
100 Bureau Drive, MS 8604,
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electronically by email to
Benjamin.Davis@nist.gov.
Anyone wishing to attend this
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November 25, 2019, to attend. Please
submit your full name, email address,
and phone number to Benjamin Davis at
Benjamin.Davis@nist.gov; his phone
number is (301) 975–6071.
Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2019–25183 Filed 11–20–19; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Marine Recreational Information
Program Social Network Analysis InPerson Survey.
OMB Control Number: 0648–xxxx.
Form Number(s): None.
Type of Request: Regular (new
collection).
Number of Respondents: 180.
Average Hours per Response: 0.5.
Burden Hours: 90.
Needs and Uses: NOAA Fisheries
needs to educate and inform anglers
about Marine Recreational Information
Programs (MRIP) generally, and the
agency is looking to identify how and
where anglers get and share their
information to more effectively
communicate with recreational anglers
on data collection issues by focusing
communications efforts on important
channels. In 2020, MRIP will conduct
the Social Network Analysis In-Person
Survey, which is the follow up to the
2019 Social Network Analysis Mail
Survey. The subsequent analysis will
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allow MRIP to more effectively engage
with its audiences by identifying key
influencers and information pathways,
and identifying the areas of greatest
need and greatest opportunity for
relationship-building. Data gathered
will include angler use of and trust in
different sources and channels of
fisheries management information.
These data will be used to identify key
information sources for recreational
anglers, evaluate regional differences in
information sources, and evaluate
recreational angler confidence in
management and data collection efforts.
The information obtained will allow
MRIP to more effectively communicate
with recreational anglers on data
collection issues by focusing
communications efforts on important
network channels.
Affected Public: Individuals or
Households.
Frequency: One-time reporting.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–25232 Filed 11–20–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XT025]
Atlantic Highly Migratory Species;
Exempted Fishing, Scientific Research,
Display, and Shark Research Fishery
Permits; Letters of Acknowledgment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent; request for
comments; public webinar.
AGENCY:
NMFS announces its intent to
issue exempted fishing permits (EFPs),
scientific research permits (SRPs),
display permits, letters of
acknowledgment (LOAs), and shark
research fishery permits for Atlantic
highly migratory species (HMS) in 2020.
SUMMARY:
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64277
EFPs and related permits would
authorize collection of a limited number
of HMS, including tunas, swordfish,
billfishes, and sharks, from Federal
waters in the Atlantic Ocean, Caribbean
Sea, and Gulf of Mexico for the
purposes of scientific research, data
collection, the investigation of bycatch,
and public display, among other things.
LOAs acknowledge that scientific
research activity aboard a scientific
research vessel is being conducted.
Generally, EFPs and related permits
would be valid from the date of issuance
through December 31, 2020, unless
otherwise specified, subject to the terms
and conditions of individual permits.
This notice also schedules a public
webinar/conference call for applicants,
during which NMFS will provide a
general overview of the EFP program
and hold a question and answer session.
DATES: Written comments 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,
2019.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190132, click the ‘‘Comment Now’’ icon,
complete the required fields, and enter
or attach your comments.
• 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., regarding 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 that NMFS has
an interest in permitting or
acknowledging. 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
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Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices
regulations that would otherwise be
prohibited. These permits exempt
permit holders from the specific
portions of the regulations 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 their entirety. Collection
of HMS under EFPs, SRPs, display, and
shark research fishery 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, and
exempted public display and
educational activities with respect to
Atlantic HMS. Because the MagnusonStevens Act states that scientific
research activity which is conducted on
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. For such activities, NMFS
reviews scientific research plans and
may issue an LOA acknowledging that
the proposed activity is scientific
research under the Magnuson-Stevens
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Act. Examples of research
acknowledged by LOAs include tagging
and releasing 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 not
defined as ‘‘fishing’’ subject to the MSA,
scientific research is not exempt from
regulation under ATCA. Therefore,
NMFS issues SRPs that authorize
researchers to collect HMS from bona
fide research vessels for collection of
species managed under this statute (e.g.,
tunas, swordfish, and billfish)). One
example of research conducted under
SRPs consists of scientific surveys of
tunas, swordfish, and billfish conducted
from NOAA research vessels.
EFPs are issued for activities
conducted from commercial or
recreational fishing vessels. Examples of
activities conducted under EFPs include
collection of young-of-year bluefin tuna
for genetic research; conducting billfish
larval tows from private vessels to
determine billfish habitat use, life
history, and population structure, and
tagging sharks caught on commercial or
recreational fishing gear to determine
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 2020. 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 to be
conducted usually have been previously
analyzed in various environmental
assessments and environmental impact
statements for Atlantic HMS
management. In most such cases, 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
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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.
On September 13, 2018, NMFS
received an application for an EFP
requesting an exemption from the
regulations that prohibit the retention of
bluefin tuna with unauthorized gear
onboard. See 50 CFR 635.19(b). This
application was submitted by the Cape
Cod Commercial Fishermen’s Alliance
(CCCFA). The applicants suggested that
with the use of electronic monitoring
(EM) and through issuance of an EFP,
there would be sufficient at-sea
monitoring to verify the catch of bluefin
tuna occurred with authorized gear (e.g.,
rod and reel and harpoon gear) and not
on the unauthorized gear onboard the
vessel (e.g., benthic longline, jigging
machines, handgear, demersal gillnet, or
otter trawl). An EFP was issued to the
CCCFA on June 12, 2019 that exempted
eight vessels from 50 CFR 635.19(b).
Since issuance of the permit, 13 trips
have been taken from May through
September in New England, four bluefin
tuna were retained, and one tuna was
lost at the boat. On two of the 13 trips,
harpoon gear was used, but no fish were
harvested. There were a total of two
sharks caught on rod and reel gear both
of which were released alive. Comments
are invited specifically on these issues
related to issuance of a similar permit to
the CCCFA this year.
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; the collection
of hook-timer and pop-up satellite
archival tag information to determine atvessel and post-release mortality of
dusky sharks; and the collection of
sharks to update the weight conversion
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Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices
factor from dressed weight to whole
weight. Fishermen who wish to
participate must fill out an application
for a shark research fishery 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. In recent
years, all participants of the shark
research fishery were limited to a very
small number of dusky shark mortalities
on a regional basis. Once the designated
number of dusky shark mortalities
occurs in a specific region certain terms
and conditions are applied (e.g. soak
time limits). If subsequent interactions
occur in the region all shark research
fishery activities must stop within that
region. Participants would continue to
be limited in the number of sets allowed
on each trip and the number of hooks
allowed on each set. All participants are
also limited to a maximum of 500 hooks
onboard the vessel while on a shark
research fishery trip. A Federal Register
notice describing the specific objectives
for the shark research fishery in 2020
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 2020 during
the comment period of this notice.
The number of specimens that have
been authorized thus far under EFPs
and other related permits for 2019, as
well as the number of specimens
collected in 2018, is summarized in
Table 1. The total amount of collections
in 2018 were within the analyzed quotas
for all quota managed Atlantic HMS
species. The number of specimens
collected in 2019 will be available when
all 2019 interim and annual reports are
submitted to NMFS.
In all cases, mortalities associated
with EFPs, SRPs, or display permits
(except for larvae) are counted against
the appropriate quota. NMFS issued a
total of 39 EFPs, SRPs, display permits,
and LOAs in 2018 for the collection of
HMS and 6 shark research fishery
permits. As of October 28, 2019, NMFS
has issued a total of 40 EFPs, SRPs,
display permits, and LOAs and 5 shark
research fishery permits.
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2018 AND 2019, OTHER THAN SHARK RESEARCH
FISHERY PERMITS
2018
Permit type
Authorized
fish
(num) **
Permits
issued **
EFP:
HMS ..............................................................................
Shark .............................................................................
Tuna ..............................................................................
SRP:
HMS ..............................................................................
Shark .............................................................................
Tuna ..............................................................................
Display:
HMS ..............................................................................
Shark .............................................................................
Total .......................................................................
LOA: *
Shark .............................................................................
2019
Fish kept/
discarded
dead
(num)
Authorized
fish
(num) **
Permits
issued **
2
4
2
162
0
750
6
3
2
7
4
2
120
20
750
6
1
1
2,030
487
0
1
653
0
4
1
0
549
486
0
2
6
84
185
1
50
2
5
82
193
24
3,698
716
25
3,698
15
185
1,109
15
0
* LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are estimates of harvest under LOAs. Permittees are encouraged to report all fishing activities in a timely manner.
** Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks and were not expected to result in large amounts of mortality, thus no limits on sampling were set. Given this, some mortality may occur throughout 2019 and will
be accounted for under the 60 metric ton shark research and display quota.
Note: ‘‘HMS’’ refers to multiple species being collected under a given permit type.
Final decisions on the issuance of any
EFPs, SRPs, display permits, and shark
research fishery 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
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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, consistent
with the assessment of such activities
within the environmental impacts
analyses in existing HMS actions,
including the 1999 FMP, the 2006
Consolidated HMS FMP and its
amendments, the Environmental
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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.
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64280
Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices
Dated: November 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–25276 Filed 11–20–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2019–0039]
2019 is available at https://
www.uspto.gov/TrialPracticeGuide3 and
the Practice Guide update from August
2018 is available at https://go.usa.gov/
xU7GP. The full version of the original
August 2012 Practice Guide continues
to be available for reference on the
USPTO website at https://go.usa.gov/
xU7GK.
Comments regarding the Practice
Guide can be sent to
PTABAIATrialSuggestions@uspto.gov.
Dated: November 14, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
Office Patent Trial Practice Guide,
November 2019 Edition
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
[FR Doc. 2019–25281 Filed 11–20–19; 8:45 am]
BILLING CODE 3510–16–P
The United States Patent and
Trademark Office (‘‘Office’’) is issuing a
consolidated Office Patent Trial Practice
Guide (‘‘Practice Guide’’) to incorporate
prior updates to the original August
2012 Practice Guide. The Office
publishes the Practice Guide to provide
practitioners with guidance on typical
procedures and timeframes for taking
action in post-grant trials implemented
following the Leahy-Smith America
Invents Act (‘‘AIA’’), as well as to bring
greater procedural consistency among
panels of the Patent Trial and Appeal
Board (‘‘Board’’).
FOR FURTHER INFORMATION CONTACT:
Michael Tierney and William Fink, Vice
Chief Administrative Patent Judges, by
telephone at (571) 272–9797.
SUPPLEMENTARY INFORMATION: The Office
is issuing a consolidated Practice Guide
to incorporate prior updates to the
original August 2012 Practice Guide.
The Office previously issued updates to
the original 2012 Practice Guide in
August 2018 and July 2019. The
consolidated Practice Guide includes no
substantive changes from the prior
updates or current Board practices. The
topic of such revisions and updates
include:
• Institution of trial after SAS
Institute Inc. v. Iancu, 138 S. Ct. 1348
(2018);
• use of sur-replies in lieu of
observations;
• how parties may contact the Board
to request an initial conference call;
• use of word counts;
• updates to the sample scheduling
order for derivation proceedings; and
• updates to the default protective
order.
The November 2019 edition of the
Practice Guide may be viewed or
downloaded from the USPTO website at
https://www.uspto.gov/
TrialPracticeGuideConsolidated. The
earlier Practice Guide update from July
SUMMARY:
VerDate Sep<11>2014
16:41 Nov 20, 2019
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DEPARTMENT OF DEFENSE
Department of the Army
Advisory Committee on Arlington
National Cemetery Meeting Notice
Department of the Army, DoD.
Notice of open committee
meeting.
AGENCY:
ACTION:
The Department of the Army
is publishing this notice to announce
the following Federal advisory
committee meeting of the Advisory
Committee on Arlington National
Cemetery (ACANC), the Remember and
Explore Subcommittee, and the Honor
Subcommittee. These meetings are open
to the public. For more information,
please visit: https://
www.arlingtoncemetery.mil/About/
Advisory-Committee-on-ArlingtonNational-Cemetery/ACANC-Meetings.
DATES: The Remember and Explore
Subcommittee will meet on Tuesday,
December 10, 2019 from 9:00 a.m. to
12:00 p.m. The Honor Subcommittee
will meet on Tuesday, December 10,
2019 from 1 p.m. to 4 p.m. The full
Advisory Committee on Arlington
National Cemetery (ACANC) will meet
on Wednesday, December 11, 2019 from
12:30 p.m. to 4:00 p.m.
ADDRESSES: Arlington National
Cemetery Welcome Center, Arlington
National Cemetery, Arlington, VA
22211.
FOR FURTHER INFORMATION CONTACT: Mr.
Matthew Davis; Alternate Designated
Federal Officer for the Committee, in
writing at Arlington National Cemetery,
Arlington, VA 22211, or by email at
matthew.r.davis.civ@mail.mil, or by
phone at 1–877–907–8585.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
SUMMARY:
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provisions of the Federal Advisory
Committee Act of 1972 (5 U.S.C.,
Appendix, as amended), the Sunshine
in the Government Act of 1976 (U.S.C.
552b, as amended) and 41 Code of the
Federal Regulations (CFR 102–3.150).
Purpose of the Meeting: The primary
purpose of the Remember & Explore
Subcommittee is to recommend
methods to maintain the Tomb of the
Unknown Soldier Monument, including
the cracks in the large marble
sarcophagus, the adjacent marble slabs,
and the potential replacement marble
stone for the sarcophagus already gifted
to the Army; accomplish an
independent assessment of requests to
place commemorative monuments
within ANC; and identify means to
capture and convey ANC’s history,
including Section 60 gravesite
mementos, and improve the quality of
visitors’ experiences now and for
generations to come.
The primary purpose of the Honor
Subcommittee is to accomplish an
independent assessment of methods to
address the long-term future of the
Army national cemeteries, including
how best to extend the active burials
and what ANC should focus on once all
available space is used.
The Advisory Committee on
Arlington National Cemetery is an
independent Federal advisory
committee chartered to provide the
Secretary of the Army independent
advice and recommendations on
Arlington National Cemetery, including,
but not limited to, cemetery
administration, the erection of
memorials at the cemetery, and master
planning for the cemetery. The
Secretary of the Army may act on the
Committee’s advice and
recommendations.
Agenda: The Remember and Explore
Subcommittee will receive briefings on
the Tomb of the Unknown Soldier
Centennial plan; review the Office of
Strategic Services (OSS)
Commemorative works proposal; and
review the status of the educational
outreach program efforts by ANC.
The Honor Subcommittee will receive
an update on the design and progress of
the security fence project at Joint Base
Myer Henderson Hall; a status report on
the Southern Expansion project design
and funding; an update on the Pentagon
Memorial Fund Visitor Center and a
briefing on the potential for further
expansion into federal areas
surrounding ANC.
The Committee will receive an update
briefing on the Southern expansion
project; receive a state of the cemetery
briefing; vote on a recommendation for
placement of an OSS commemorative
E:\FR\FM\21NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64277-64280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25276]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XT025]
Atlantic Highly Migratory Species; Exempted Fishing, Scientific
Research, Display, and Shark Research Fishery Permits; Letters of
Acknowledgment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for comments; public webinar.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its intent to issue exempted fishing permits
(EFPs), scientific research permits (SRPs), display permits, letters of
acknowledgment (LOAs), and shark research fishery permits for Atlantic
highly migratory species (HMS) in 2020. EFPs and related permits would
authorize collection of a limited number of HMS, including tunas,
swordfish, billfishes, and sharks, from Federal waters in the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific
research, data collection, the investigation of bycatch, and public
display, among other things. LOAs acknowledge that scientific research
activity aboard a scientific research vessel is being conducted.
Generally, EFPs and related permits would be valid from the date of
issuance through December 31, 2020, unless otherwise specified, subject
to the terms and conditions of individual permits. This notice also
schedules a public webinar/conference call for applicants, during which
NMFS will provide a general overview of the EFP program and hold a
question and answer session.
DATES: Written comments 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, 2019.
ADDRESSES: Comments may be submitted by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0132, click the
``Comment Now'' icon, complete the required fields, and enter or attach
your comments.
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., regarding 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 that NMFS has an interest
in permitting or acknowledging. 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
[[Page 64278]]
regulations that would otherwise be prohibited. These permits exempt
permit holders from the specific portions of the regulations 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 their entirety. Collection of HMS under EFPs, SRPs,
display, and shark research fishery 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, and exempted public display and educational activities with
respect to Atlantic HMS. Because the Magnuson-Stevens Act states that
scientific research activity which is conducted on 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. For such
activities, NMFS reviews scientific research plans and may issue an LOA
acknowledging that the proposed activity is scientific research under
the Magnuson-Stevens Act. Examples of research acknowledged by LOAs
include tagging and releasing 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 not defined as ``fishing'' subject to
the MSA, scientific research is not exempt from regulation under ATCA.
Therefore, NMFS issues SRPs that authorize researchers to collect HMS
from bona fide research vessels for collection of species managed under
this statute (e.g., tunas, swordfish, and billfish)). One example of
research conducted under SRPs consists of scientific surveys of tunas,
swordfish, and billfish conducted from NOAA research vessels.
EFPs are issued for activities conducted from commercial or
recreational fishing vessels. Examples of activities conducted under
EFPs include collection of young-of-year bluefin tuna for genetic
research; conducting billfish larval tows from private vessels to
determine billfish habitat use, life history, and population structure,
and tagging sharks caught on commercial or recreational fishing gear to
determine 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 2020. 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 to be conducted
usually have been previously analyzed in various environmental
assessments and environmental impact statements for Atlantic HMS
management. In most such cases, 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.
On September 13, 2018, NMFS received an application for an EFP
requesting an exemption from the regulations that prohibit the
retention of bluefin tuna with unauthorized gear onboard. See 50 CFR
635.19(b). This application was submitted by the Cape Cod Commercial
Fishermen's Alliance (CCCFA). The applicants suggested that with the
use of electronic monitoring (EM) and through issuance of an EFP, there
would be sufficient at-sea monitoring to verify the catch of bluefin
tuna occurred with authorized gear (e.g., rod and reel and harpoon
gear) and not on the unauthorized gear onboard the vessel (e.g.,
benthic longline, jigging machines, handgear, demersal gillnet, or
otter trawl). An EFP was issued to the CCCFA on June 12, 2019 that
exempted eight vessels from 50 CFR 635.19(b). Since issuance of the
permit, 13 trips have been taken from May through September in New
England, four bluefin tuna were retained, and one tuna was lost at the
boat. On two of the 13 trips, harpoon gear was used, but no fish were
harvested. There were a total of two sharks caught on rod and reel gear
both of which were released alive. Comments are invited specifically on
these issues related to issuance of a similar permit to the CCCFA this
year.
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; the collection of hook-timer and pop-up
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks; and the collection of sharks to
update the weight conversion
[[Page 64279]]
factor from dressed weight to whole weight. Fishermen who wish to
participate must fill out an application for a shark research fishery
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. In recent years, all participants of the
shark research fishery were limited to a very small number of dusky
shark mortalities on a regional basis. Once the designated number of
dusky shark mortalities occurs in a specific region certain terms and
conditions are applied (e.g. soak time limits). If subsequent
interactions occur in the region all shark research fishery activities
must stop within that region. Participants would continue to be limited
in the number of sets allowed on each trip and the number of hooks
allowed on each set. All participants are also limited to a maximum of
500 hooks onboard the vessel while on a shark research fishery trip. A
Federal Register notice describing the specific objectives for the
shark research fishery in 2020 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 2020 during the comment period
of this notice.
The number of specimens that have been authorized thus far under
EFPs and other related permits for 2019, as well as the number of
specimens collected in 2018, is summarized in Table 1. The total amount
of collections in 2018 were within the analyzed quotas for all quota
managed Atlantic HMS species. The number of specimens collected in 2019
will be available when all 2019 interim and annual reports are
submitted to NMFS.
In all cases, mortalities associated with EFPs, SRPs, or display
permits (except for larvae) are counted against the appropriate quota.
NMFS issued a total of 39 EFPs, SRPs, display permits, and LOAs in 2018
for the collection of HMS and 6 shark research fishery permits. As of
October 28, 2019, NMFS has issued a total of 40 EFPs, SRPs, display
permits, and LOAs and 5 shark research fishery permits.
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2018 and 2019, Other Than Shark Research Fishery
Permits
----------------------------------------------------------------------------------------------------------------
2018 2019
-------------------------------------------------------------------------------
Permit type Fish kept/
Permits issued Authorized discarded dead Permits issued Authorized
** fish (num) ** (num) ** fish (num) **
----------------------------------------------------------------------------------------------------------------
EFP:
HMS......................... 2 162 6 7 120
Shark....................... 4 0 3 4 20
Tuna........................ 2 750 2 2 750
SRP:
HMS......................... 6 2,030 1 4 549
Shark....................... 1 487 653 1 486
Tuna........................ 1 0 0 0 0
Display:
HMS......................... 2 84 1 2 82
Shark....................... 6 185 50 5 193
----------------------------------------------------------------------------------------------------------------
Total................... 24 3,698 716 25 3,698
LOA: *
Shark....................... 15 185 1,109 15 0
----------------------------------------------------------------------------------------------------------------
* LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the
authorized fish column are estimates of harvest under LOAs. Permittees are encouraged to report all fishing
activities in a timely manner.
** Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of
sharks and were not expected to result in large amounts of mortality, thus no limits on sampling were set.
Given this, some mortality may occur throughout 2019 and will be accounted for under the 60 metric ton shark
research and display quota.
Note: ``HMS'' refers to multiple species being collected under a given permit type.
Final decisions on the issuance of any EFPs, SRPs, display permits,
and shark research fishery 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, consistent with the assessment of such
activities within the environmental impacts analyses in existing HMS
actions, including 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.
[[Page 64280]]
Dated: November 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-25276 Filed 11-20-19; 8:45 am]
BILLING CODE 3510-22-P
