Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment, 64452-64454 [2022-23174]
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64452
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices
announcing the availability of Federal
financial assistance for Western Alaskan
Community Development Groups. The
notice listed a program policy that has
since been updated.
FOR FURTHER INFORMATION CONTACT: Earl
Bennett, 301–427–8765.
SUPPLEMENTARY INFORMATION:
Revision
The Federal Register notice published
on March 25, 2022 (87 FR 17070), on
page 17071, in the third column,
Section II, that reads ‘‘NMFS will not
approve loans for fisheries that are
listed as overfished or subject to
overfishing,’’ is revised as follows: ‘‘The
Fisheries Finance Program (FFP) will
decline loans for applicants applying for
funds for a vessel(s) or harvesting
privilege(s) in any fishery that is not
subject to a fisheries management plan
that includes rebuilding or sustainable
harvesting provisions consistent with
the Magnuson-Stevens Conservation
and Management Act to prevent
overfishing and rebuild stocks to
sustainable levels.’’
The new language represents a change
of policy for all FFP lending programs.
Dated: October 20, 2022.
Brian Pawlak,
Director, NMFS Office of Management and
Budget.
[FR Doc. 2022–23177 Filed 10–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC453]
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.
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 2023.
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
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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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, 2023, 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 November 25,
2022.
ADDRESSES: Comments may be
submitted electronically via the Federal
e-Rulemaking Portal. Go to https://
www.regulations.gov and enter ‘‘NOAA–
NMFS–2022–0101’’ 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: craig.cockrell@noaa.gov.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries (tunas, billfish,
swordfish, and sharks) are managed
under the authority of 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 HMS regulations (e.g.,
fishing seasons, prohibited species,
authorized gear, closed areas, and
minimum sizes) may otherwise prohibit
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Fmt 4703
Sfmt 4703
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 an 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
HMS for public education, public
display, or scientific research.
Collection of HMS under EFPs, SRPs,
display permits, and shark research
fishery permits represents a small
portion of the overall fishing mortality
for 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 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.
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
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64453
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices
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 2023.
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 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 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 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 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 2023 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 2023 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 2023 during the
comment period of this notice.
The number of specimens that has
been authorized thus far under EFPs
and other related permits for 2022, as
well as the number of specimens
collected in 2021, is summarized in
Table 1. The total amount of collections
in 2021 was within the analyzed quotas
for all quota-managed HMS species. The
number of specimens collected in 2022
will be available when all 2022 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 38 EFPs, SRPs, display permits,
and LOAs in 2021 for the collection of
HMS and 4 shark research fishery
permits. As of October 4, 2022, NMFS
has issued a total of 43 EFPs, SRPs,
display permits, and LOAs and 5 shark
research fishery permits.
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2020 AND 2021, OTHER THAN SHARK RESEARCH
FISHERY PERMITS
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2021
Permit type
Species
Permits issued
EFP ...................................
SRP ...................................
VerDate Sep<11>2014
HMS ..................................
Shark ................................
Tuna .................................
Swordfish ..........................
HMS ..................................
16:52 Oct 24, 2022
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PO 00000
Frm 00022
Authorized fish
(numbers) 1
Fish kept/
discarded dead
(numbers)
2 N/A
5
3
1
1
3
Fmt 4703
2022
1 N/A
500
2 N/A
770
Sfmt 4703
E:\FR\FM\25OCN1.SGM
0
4
1
9
0
25OCN1
Permits issued
9
2
2
0
7
Authorized fish
(numbers) 1
626
1 N/A
500
0
1,101
64454
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Notices
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2020 AND 2021, OTHER THAN SHARK RESEARCH
FISHERY PERMITS—Continued
2021
Permit type
Species
Permits issued
Authorized fish
(numbers) 1
2022
Fish kept/
discarded dead
(numbers)
Permits issued
Authorized fish
(numbers) 1
Display ..............................
Shark ................................
HMS ..................................
Shark ................................
1
1
5
1,010
55
287
306
0
23
0
2
4
0
82
270
Total ...........................
LOA ...................................
...........................................
Shark ................................
20
18
2,122
1 N/A
342
246
26
17
2,122
1 N/A
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 HMS and
were not expected to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2022, 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.
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 National
Environmental Policy Act 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, the
Environmental Assessment for the 2022
Final Bluefin Tuna Quota and Atlantic
Tuna Fisheries Management Measures,
and the 2022 Zero Atlantic Shortfin
Mako Shark Retention Limit Final Rule.
Authority: 16 U.S.C. 971 et seq. and
16 U.S.C. 1801 et seq.
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: October 20, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–23174 Filed 10–24–22; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
16:52 Oct 24, 2022
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BI58
Reopening of Comment Period on a
Supplemental Draft Environmental
Impact Statement Regarding the
Makah Tribe’s Request To Hunt
Eastern North Pacific Gray Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; reopening of public
comment period.
AGENCY:
NMFS announces the
reopening of the public comment period
for seven days on the Supplemental
Draft Environmental Impact Statement
on the Makah Tribe Request to Hunt
Gray Whales. We announced a 45-day
comment period to end on August 15,
2022, and on August 16, 2022, we
announced an extension of the public
comment period by 60 days to October
14, 2022. Comments previously
submitted need not be resubmitted.
DATES: The comment period for the
notice published at 87 FR 39804 on July
5, 2022, which was extended at 87 FR
50319 on August 16, 2022, is reopened.
Comments must be received during the
reopened public comment period from
October 28, 2022 until November 3,
2022.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2012–
0104–0456, by any of the following
methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
Email: Submit electronic public
comments via the following NMFS
SUMMARY:
PO 00000
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email address: makah2022sdeis.wcr@
noaa.gov.
Mail: Submit written comments to:
Grace Ferrara, NMFS West Coast
Region, 7600 Sand Point Way NE,
Seattle, WA 98115.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Grace Ferrara, NMFS Northwest Region,
(206) 526–6172, makah2022sdeis.wcr@
noaa.gov.
On July 1,
2022, NMFS issued a Supplemental
Draft Environmental Impact Statement
(SDEIS) regarding the Makah Tribe’s
request to resume ceremonial and
subsistence harvest of eastern North
Pacific gray whales and announced a
45-day comment period on the SDEIS.
During the comment period, we
received a request to extend the public
comment period and agreed to extend
the public comment period by 60 days,
to close on October 14, 2022. On
October 6, 2022, we received a second
request to extend the public comment
period. While that request was received
too late to allow for an extension notice,
we are now reopening the comment
period for an additional 7 days, from
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64452-64454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23174]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC453]
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 2023. 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, 2023, 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 November 25, 2022.
ADDRESSES: Comments may be submitted electronically via the Federal e-
Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-
NMFS-2022-0101'' 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 (tunas, billfish,
swordfish, and sharks) are managed under the authority of 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 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 an
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 HMS for
public education, public display, or scientific research. Collection of
HMS under EFPs, SRPs, display permits, and shark research fishery
permits represents a small portion of the overall fishing mortality for
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 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.
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
[[Page 64453]]
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 2023. 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 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 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 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 2023 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 2023 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 2023
during the comment period of this notice.
The number of specimens that has been authorized thus far under
EFPs and other related permits for 2022, as well as the number of
specimens collected in 2021, is summarized in Table 1. The total amount
of collections in 2021 was within the analyzed quotas for all quota-
managed HMS species. The number of specimens collected in 2022 will be
available when all 2022 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 38 EFPs, SRPs, display permits, and LOAs in 2021
for the collection of HMS and 4 shark research fishery permits. As of
October 4, 2022, NMFS has issued a total of 43 EFPs, SRPs, display
permits, and LOAs and 5 shark research fishery permits.
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2020 and 2021, Other Than Shark Research Fishery Permits
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2021 2022
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Permit type Species Authorized Fish kept/ Authorized
Permits issued fish (numbers) discarded dead Permits issued fish (numbers)
\1\ (numbers) \1\
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EFP...................................... HMS........................ 5 \2\ N/A 0 9 626
Shark...................... 3 \1\ N/A 4 2 \1\ N/A
Tuna....................... 1 500 1 2 500
Swordfish.................. 1 \2\ N/A 9 0 0
SRP...................................... HMS........................ 3 770 0 7 1,101
[[Page 64454]]
Shark...................... 1 1,010 306 0 0
Display.................................. HMS........................ 1 55 0 2 82
Shark...................... 5 287 23 4 270
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Total................................ ........................... 20 2,122 342 26 2,122
LOA...................................... Shark...................... 18 \1\ N/A 246 17 \1\ N/A
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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 HMS and were not expected
to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2022, 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.
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 National Environmental Policy Act 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, the Environmental Assessment for the 2022
Final Bluefin Tuna Quota and Atlantic Tuna Fisheries Management
Measures, and the 2022 Zero Atlantic Shortfin Mako Shark Retention
Limit Final Rule.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: October 20, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-23174 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-22-P
