Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment, 72433-72435 [2023-23169]
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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices
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).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD410]
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 2024.
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, Gulf of
Mexico, and Caribbean Sea 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, 2024, 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 20,
2023.
SUMMARY:
Comments may be
submitted electronically via the Federal
e-Rulemaking Portal. Go to https://
www.regulations.gov and enter ‘‘NOAA–
NMFS–2023–0118’’ 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 https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
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ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Elsa
Gutierrez, 301–427–8503,
elsa.gutierrez@noaa.gov.
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, 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 §§ 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.
SUPPLEMENTARY INFORMATION:
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72433
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
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 2024.
Collection of sharks and other HMS
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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices
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 73 FR 40658,
July 15, 2008) 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
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 § 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 2024 shark
research fishery 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 2024 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 2024 during the
comment period of this notice.
The number of specimens that has
been authorized thus far under EFPs
and other related permits for 2023, as
well as the number of specimens
collected in 2022, is summarized in
Table 1. The total amount of collections
in 2022 was within the analyzed quotas
for all quota-managed HMS species. The
number of specimens collected in 2023
will be available when all 2023 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 43 EFPs, SRPs, display permits,
and LOAs in 2022 for the collection of
HMS and 5 shark research fishery
permits. As of September 26, 2023,
NMFS has issued a total of 45 EFPs,
SRPs, display permits, and LOAs and 3
shark research fishery permits.
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2022 AND 2023, OTHER THAN SHARK RESEARCH
FISHERY PERMITS
2022
Permit type
Species
EFP .....................................
HMS ...................................
Shark ..................................
Tuna ...................................
HMS ...................................
Swordfish ............................
HMS ...................................
Shark ..................................
9
2
2
7
0
2
4
Total
.............................................
LOA .....................................
Shark ..................................
SRP .....................................
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Display ................................
2023
Authorized
fish
(numbers) 1
Permits
issued
Fish kept/
discarded
dead
(numbers)
626
Authorized
fish
(numbers) 1
Permits
issued
500
1,101
0
82
270
0
9
0
65
0
0
34
2
8
2
8
1
1
3
30
1,027
30
55
223
26
2,579
108
25
1,549
17
1 N/A
158
20
1 N/A
1 N/A
184
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 2023, and
will be accounted for under the appropriate shark research and display quota.
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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices
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’s 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 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–23169 Filed 10–19–23; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and deletions from
the Procurement List.
AGENCY:
This action adds product(s) to
the Procurement List that will be
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes product(s) and service(s) from
the Procurement List previously
furnished by such agencies.
DATES: Date added to and deleted from
the Procurement List: November 19,
2023.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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Disabled, 355 E Street SW, Suite 325,
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
785–6404, or email CMTEFedReg@
AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
Additions
On 09/15/2023, the Committee for
Purchase From People Who Are Blind
or Severely Disabled published notice of
proposed additions to the Procurement
List. This notice is published pursuant
to 41 U.S.C. 8503(a)(2) and 41 CFR 51–
2.3.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the product(s) and impact of the
additions on the current or most recent
contractors, the Committee has
determined that the product(s) listed
below are suitable for procurement by
the Federal Government under 41 U.S.C.
8501–8506 and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organizations that will furnish the
product(s) to the Government.
2. The action will result in
authorizing small entities to furnish the
product(s) to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the product(s)
proposed for addition to the
Procurement List.
End of Certification
Accordingly, the following product(s)
are added to the Procurement List:
Product(s)
NSN(s)—Product Name(s):
5180–01–563–7475—Tool Kit, Artillery
and Turret (ATTK)
Designated Source of Supply: Industries for
the Blind and Visually Impaired, Inc.,
West Allis, WI
Contracting Activity: DEFENSE LOGISTICS
AGENCY, DLA AVIATION
Distribution: C-List
Mandatory for: 100% of the requirement of
the Department of Defense
Deletions
On 09/15/2023, the Committee for
Purchase From People Who Are Blind
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or Severely Disabled published notice of
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Procurement List. This notice is
published pursuant to 41 U.S.C.
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After consideration of the relevant
matter presented, the Committee has
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and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
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substantial number of small entities.
The major factors considered for this
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Government.
3. There are no known regulatory
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connection with the product(s) and
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Accordingly, the following product(s)
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NSN(s)—Product Name(s):
7530–01–618–8427—Cover, Record Book,
Digital Camouflage, 6″ x 9″
7510–01–053–5591—Portfolio, Writing,
Economy, Black, 9″ x 6-1⁄8″
7510–00–145–0296—Portfolio, Writing,
Economy, Black, 12-1⁄8″ x 9-1⁄2″
7510–01–557–4969—Portfolio, Note Pad
Holder, Custom Logo, 6″ x 9″
7510–01–557–4970—Portfolio, Pocket,
with Pad, Camouflage, 4″ x 6″
7510–01–557–4979—Portfolio, Note Pad
Holder, Army Logo, Camouflage, 6″ x 9″
7510–01–557–4977—Pad Holder Portfolio,
Standard, Digital Camouflage, Letter Size
7510–01–557–4978—Portfolio, Note Pad
Holder, Camouflage, 6″ x 9″
7510–01–600–8651—Portfolio, Pocket,
with Pad, Camouflage, 6″ x 9″
7510–01–557–4980—Portfolio, Pad Holder,
Deluxe, Brass Clip and Corners,
Camouflage, 6″ x 9″
7510–01–557–4981—Pad Holder Portfolio,
Deluxe, Brass Clip and Corners, Digital
Camouflage, Letter Size
7510–01–483–8891—Portfolio, Note Pad
Holder, Burgundy, 6″ x 9″
7510–01–483–8895—Pad Holder Portfolio,
Standard, Burgundy, Letter Size
7510–01–483–8897—Portfolio, Pad Holder,
Deluxe, Brass Clip and Corners,
Burgundy, 6″ x 9″
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]]>Agencies
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72433-72435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23169]
[[Page 72433]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD410]
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 2024. 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, Gulf of Mexico, and Caribbean Sea 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, 2024, 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 20, 2023.
ADDRESSES: Comments may be submitted electronically via the Federal e-
Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-
NMFS-2023-0118'' 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
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address), 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: Elsa Gutierrez, 301-427-8503,
[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,
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
Sec. Sec. 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 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 2024. Collection of sharks
and other HMS
[[Page 72434]]
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 73 FR 40658, July 15, 2008) 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 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 Sec. 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 2024 shark research fishery 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 2024 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 2024 during the comment period of this
notice.
The number of specimens that has been authorized thus far under
EFPs and other related permits for 2023, as well as the number of
specimens collected in 2022, is summarized in Table 1. The total amount
of collections in 2022 was within the analyzed quotas for all quota-
managed HMS species. The number of specimens collected in 2023 will be
available when all 2023 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 43 EFPs, SRPs, display permits, and LOAs in 2022
for the collection of HMS and 5 shark research fishery permits. As of
September 26, 2023, NMFS has issued a total of 45 EFPs, SRPs, display
permits, and LOAs and 3 shark research fishery permits.
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2022 and 2023, Other Than Shark Research Fishery Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 2023
-------------------------------------------------------------------------------
Permit type Species Authorized Fish kept/ Authorized
Permits issued fish (numbers) discarded dead Permits issued fish (numbers)
\1\ (numbers) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP....................................... HMS......................... 9 626 0 2 184
Shark....................... 2 \1\ N/A 9 8 \1\ N/A
Tuna........................ 2 500 0 2 30
SRP....................................... HMS......................... 7 1,101 65 8 1,027
Swordfish................... 0 0 0 1 30
Display................................... HMS......................... 2 82 0 1 55
Shark....................... 4 270 34 3 223
-------------------------------------------------------------------------------------------------------------
Total ............................ 26 2,579 108 25 1,549
--------------------------------------------------------------------------------------------------------------------------------------------------------
LOA....................................... Shark....................... 17 \1\ N/A 158 20 \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 2023, and will be accounted for
under the appropriate shark research and display quota.
[[Page 72435]]
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's 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 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-23169 Filed 10-19-23; 8:45 am]
BILLING CODE 3510-22-P
