Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment, 64188-64190 [2021-25096]
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64188
Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Notices
TABLE 1—CURRENT REPRESENTATION ON THE HMS AP BY SECTOR, REGION, AND SPECIES—Continued
Sector
Fishing region
Species
Recreational ..............
Recreational ..............
Mid-Atlantic ...................................................
Southeast .....................................................
HMS ..........................
HMS/Billfish ...............
Date
appointed
1/1/2019
1/1/2019
Date term
expires
12/31/2021
12/31/2021
Member status
Expiring.
Expiring.
Note: Terms that are expiring or associated with current members stepping down are identified in bold and marked as ‘‘Expiring’’. * Designates
term shift to the HMS AP seat designated for the ICCAT Advisory Committee Chair.
Five additional members on the HMS
AP include one member representing
each of the following Councils: New
England Fishery Management Council,
the Mid-Atlantic Fishery Management
Council, the South Atlantic Fishery
Management Council, the Gulf of
Mexico Fishery Management Council,
and the Caribbean Fishery Management
Council. The HMS AP also includes 22
ex-officio participants: 20
representatives of the coastal states and
2 representatives of the interstate
commissions (the Atlantic States Marine
Fisheries Commission and the Gulf
States Marine Fisheries Commission).
NMFS will provide the necessary
administrative support, including
technical assistance, for the HMS AP.
However, NMFS will not compensate
participants with monetary support of
any kind. Depending on availability of
funds, members may be reimbursed for
travel costs related to the HMS AP
meetings.
C. Meeting Schedule
Meetings of the HMS AP will be held
as frequently as necessary but are
routinely held twice each year. In recent
years, meetings have been held once in
the spring, and once in the fall. The
meetings may be held in conjunction
with public hearings.
Dated: November 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–25097 Filed 11–16–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[RTID 0648–XB535]
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.
AGENCY:
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Notice of intent; request for
comments.
ACTION:
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 2022.
EFPs and related permits would
authorize collection of a limited number
of Atlantic 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, 2022, unless
otherwise specified in the permit,
subject to the terms and conditions of
individual permits.
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 17,
2021.
SUMMARY:
Comments may be
submitted electronically via the Federal
e-Rulemaking Portal. Go to https://
www.regulations.gov and enter NOAA–
NMFS–2021–0108 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
ADDRESSES:
PO 00000
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A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, phone: (301) 427–8503,
email: craig.cockrell@noaa.gov.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries are managed under the
dual authority of both the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act; 16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.). The 2006
Consolidated Atlantic HMS Fishery
Management Plan (2006 Consolidated
HMS FMP) and its amendments are
implemented by regulations at 50 CFR
part 635. The regulations specific to
HMS EFPs and related permits can be
found at § 635.32.
NMFS issues EFPs and related
permits where Atlantic 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
activities that NMFS has an interest in
permitting or acknowledging. Consistent
with 50 CFR 600.745 and 635.32, the
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 a fishery management plan (FMP)
or fishery 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
Atlantic HMS for public education,
public display, or scientific research.
Collection of Atlantic HMS under EFPs,
SRPs, display permits, and shark
research fishery permits represents a
small portion of the overall fishing
mortality for Atlantic HMS, and this
mortality is counted against the relevant
quota, as appropriate and applicable.
The terms and conditions of individual
permits are unique; however, all permits
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Notices
will include reporting requirements,
limit the number and/or species of
Atlantic HMS to be collected, and only
authorize collection in Federal waters of
the Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea.
The Magnuson-Stevens Act exempts
scientific research conducted by a
scientific research vessel from the
definition of ‘‘fishing.’’ NMFS issues
LOAs acknowledging such bona fide
research activities involving species that
are only regulated under the MagnusonStevens 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 for
purposes of 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
Magnuson-Stevens Act, 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 (i.e., 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-the-year bluefin
tuna for genetic research from
recreational fishing vessels; conducting
billfish larval tows from private vessels
to determine billfish habitat use, life
history, and population structure; and
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tagging sharks caught on commercial or
recreational fishing gear to determine
post-release mortality rates.
NMFS also intends to issue display
permits for the collection of sharks and
other HMS for public display in 2022.
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. NMFS published the
final rule for Amendment 2 to the 2006
Consolidated HMS FMP (73 FR 35778;
June 24, 2008; corrected version
published July 15, 2008; 73 FR 40658)
which included, among other things,
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. NMFS
will provide additional opportunity for
public comment, consistent with the
regulations at 50 CFR 600.745, should
such applications be received by NMFS.
In addition, this notice invites
comments on the shark research fishery
first implemented through Amendment
2 to the 2006 Consolidated HMS FMP.
This research fishery is conducted
under the auspices of the EFP 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
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64189
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
factor from dressed weight to whole
weight. Shark research fishery
participants are subject to 100-percent
observer coverage. In recent years, all
non-prohibited shark species brought
back to the vessel dead have been
required to be retained and were
counted against the appropriate quotas
of the shark research fishery participant.
Additionally, 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). While the specific terms
and conditions of the 2022 SRF permit
have yet to be decided, NMFS expects
that participants would continue to be
limited in the number of sets allowed on
each trip and the number of hooks
allowed on each set and on the vessel
itself. A Federal Register notice
describing the specific objectives for the
shark research fishery in 2022 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 2022 during the
comment period of this notice.
The number of specimens that have
been authorized thus far under EFPs
and other related permits for 2021, as
well as the number of specimens
collected in 2020, is summarized in
Table 1. The total amount of collections
in 2020 were within the analyzed quotas
for all quota managed Atlantic HMS
species. The number of specimens
collected in 2021 will be available when
all 2021 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 31 EFPs, SRPs, display permits,
and LOAs in 2020 for the collection of
HMS and 8 shark research fishery
permits. As of October 13, 2021, NMFS
has issued a total of 38 EFPs, SRPs,
display permits, and LOAs and 4 shark
research fishery permits.
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Notices
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2020 AND 2021, OTHER THAN SHARK RESEARCH
FISHERY PERMITS
2020
Fish kept/
discarded
dead
(numbers)
Permit type
Species
EFP .....................................
HMS ...................................
Shark ..................................
Tuna ...................................
Swordfish ............................
HMS ...................................
Shark ..................................
HMS ...................................
Shark ..................................
10
3
2
0
1
2
2
6
550
0
750
0
50
1,325
82
321
0
2
0
0
0
3
0
22
5
3
1
1
3
1
1
5
0
770
1,010
55
287
.............................................
Shark ..................................
28
5
3,078
0
27
427
20
18
2,122
0
SRP .....................................
Display ................................
Total .............................
LOA 3 ...................................
Authorized
fish
(numbers) 1
2021
Permits
issued
Authorized
fish
(numbers) 1
Permits
issued
2 N/A
0
2 N/A
khammond on DSKJM1Z7X2PROD with NOTICES
Note: ‘‘HMS’’ refers to multiple species being collected under a given permit type.
1 Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks or other Atlantic HMS
and were not expected to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2021,
and will be accounted for under the 60 metric ton shark research and display quota.
2 These permits are issued to commercial fishermen and the number of species retained are governed by commercial retention limits.
3 LOAs acknowledge, but do not authorize, scientific research activity. Thus, the number of sharks in the authorized fish column are in part estimates of harvest under LOAs. LOA holders are either required or encouraged to report all fishing activities in a timely manner.
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, Amendment 2 to the
Consolidated HMS FMP, 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 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–25096 Filed 11–16–21; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Review of Nomination for St. George
Unangan Heritage National Marine
Sanctuary
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice; request for written
comments.
AGENCY:
The Office of National Marine
Sanctuaries (ONMS) of the National
Oceanic and Atmospheric
Administration (NOAA) is requesting
written comments to facilitate ONMS’
review of the nomination for St. George
Unangan Heritage National Marine
Sanctuary (NMS) at the five-year
interval. In particular, NOAA is
requesting relevant information as it
pertains to its 11 evaluation criteria for
inclusion in the inventory. In this fiveyear review, NOAA will pay particular
attention to any new information about
the significance of the area’s natural or
cultural resources, changes to any
threats to these resources, and any
updates to the management framework
of the area. NOAA has provided the
original nominating party, the City of St.
George, an opportunity to share its
views on these same questions.
Following this information gathering
and internal analysis, NOAA will make
a final determination on whether or not
SUMMARY:
PO 00000
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the St. George Unangan Heritage NMS
nomination will remain in the inventory
for another five year period.
Written comments must be
received by December 17, 2021.
DATES:
Comments may be
submitted by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Submit
electronic comments via the Federal
eRulemaking Portal and search for
Docket Number NOAA–NOS–2021–
0094.
• Mail: Paul E. Michel, Regional
Policy Coordinator, NOAA Sanctuaries
West Coast Region, 99 Pacific Street,
Bldg. 100F, Monterey, CA 93940.
• Email: Paul.Michel@noaa.gov.
• Phone: 831–241–4217.
Instructions: All comments received
are a part of the public record. All
personal identifying information (for
example, name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information. NOAA will accept
anonymous comments (enter N/A in the
required fields to remain anonymous).
ADDRESSES:
Paul
Michel, Regional Policy Coordinator,
NOAA Sanctuaries West Coast Region,
99 Pacific Street, Bldg. 100F, Monterey,
CA 93940, or at Paul.Michel@noaa.gov,
or 831–241–4217.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64188-64190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25096]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB535]
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.
-----------------------------------------------------------------------
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 2022. EFPs and related permits would
authorize collection of a limited number of Atlantic 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, 2022, unless otherwise specified
in the permit, subject to the terms and conditions of individual
permits.
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 17, 2021.
ADDRESSES: Comments may be submitted electronically via the Federal e-
Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-
NMFS-2021-0108 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503,
email: [email protected].
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the
dual authority of both the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). The 2006
Consolidated Atlantic HMS Fishery Management Plan (2006 Consolidated
HMS FMP) and its amendments are implemented by regulations at 50 CFR
part 635. The regulations specific to HMS EFPs and related permits can
be found at Sec. 635.32.
NMFS issues EFPs and related permits where Atlantic 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 activities
that NMFS has an interest in permitting or acknowledging. Consistent
with 50 CFR 600.745 and 635.32, the 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 a fishery management plan (FMP) or fishery 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 Atlantic HMS for public education, public
display, or scientific research. Collection of Atlantic HMS under EFPs,
SRPs, display permits, and shark research fishery permits represents a
small portion of the overall fishing mortality for Atlantic HMS, and
this mortality is counted against the relevant quota, as appropriate
and applicable. The terms and conditions of individual permits are
unique; however, all permits
[[Page 64189]]
will include reporting requirements, limit the number and/or species of
Atlantic HMS to be collected, and only authorize collection in Federal
waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
The Magnuson-Stevens Act exempts scientific research conducted by a
scientific research vessel from the definition of ``fishing.'' NMFS
issues LOAs acknowledging such bona fide research activities 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 for purposes of 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 Magnuson-Stevens Act, 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 (i.e., 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-the-year bluefin tuna for genetic
research from recreational fishing vessels; 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 also intends to issue display permits for the collection of
sharks and other HMS for public display in 2022. 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. NMFS published
the final rule for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR
35778; June 24, 2008; corrected version published July 15, 2008; 73 FR
40658) which included, among other things, 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. NMFS will provide additional opportunity for public
comment, consistent with the regulations at 50 CFR 600.745, should such
applications be received by NMFS.
In addition, this notice invites comments on the shark research
fishery first implemented through Amendment 2 to the 2006 Consolidated
HMS FMP. This research fishery is conducted under the auspices of the
EFP 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 factor from dressed weight to whole
weight. Shark research fishery participants are subject to 100-percent
observer coverage. In recent years, all non-prohibited shark species
brought back to the vessel dead have been required to be retained and
were counted against the appropriate quotas of the shark research
fishery participant. Additionally, 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). While the specific
terms and conditions of the 2022 SRF permit have yet to be decided,
NMFS expects that participants would continue to be limited in the
number of sets allowed on each trip and the number of hooks allowed on
each set and on the vessel itself. A Federal Register notice describing
the specific objectives for the shark research fishery in 2022 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 2022
during the comment period of this notice.
The number of specimens that have been authorized thus far under
EFPs and other related permits for 2021, as well as the number of
specimens collected in 2020, is summarized in Table 1. The total amount
of collections in 2020 were within the analyzed quotas for all quota
managed Atlantic HMS species. The number of specimens collected in 2021
will be available when all 2021 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 31 EFPs, SRPs, display permits, and LOAs in 2020
for the collection of HMS and 8 shark research fishery permits. As of
October 13, 2021, NMFS has issued a total of 38 EFPs, SRPs, display
permits, and LOAs and 4 shark research fishery permits.
[[Page 64190]]
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2020 and 2021, Other Than Shark Research Fishery Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020 2021
-------------------------------------------------------------------------------
Permit type Species Authorized Fish kept/ Authorized
Permits issued fish (numbers) discarded dead Permits issued fish (numbers)
\1\ (numbers) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP....................................... HMS......................... 10 550 0 5 \2\ N/A
Shark....................... 3 0 2 3 0
Tuna........................ 2 750 0 1 \2\ N/A
Swordfish................... 0 0 0 1 0
SRP....................................... HMS......................... 1 50 0 3 770
Shark....................... 2 1,325 3 1 1,010
Display................................... HMS......................... 2 82 0 1 55
Shark....................... 6 321 22 5 287
-------------------------------------------------------------------------------
Total................................. ............................ 28 3,078 27 20 2,122
LOA \3\................................... Shark....................... 5 0 427 18 0
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Note: ``HMS'' refers to multiple species being collected under a given permit type.
\1\ Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks or other Atlantic HMS and were not
expected to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2021, and will be accounted
for under the 60 metric ton shark research and display quota.
\2\ These permits are issued to commercial fishermen and the number of species retained are governed by commercial retention limits.
\3\ LOAs acknowledge, but do not authorize, scientific research activity. Thus, the number of sharks in the authorized fish column are in part estimates
of harvest under LOAs. LOA holders are either required or encouraged to report all fishing activities in a timely manner.
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, Amendment 2 to the Consolidated HMS FMP, 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 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-25096 Filed 11-16-21; 8:45 am]
BILLING CODE 3510-22-P
