Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment, 85515-85517 [2024-25023]
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
85515
TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS—Continued
Permit No.
RTID
Applicant
Previous Federal Register Notice
27597 ...............
0648–XD928 .....
89 FR 36761, May 3, 2024 ................
September 9,
2024.
28148 ...............
0648–XE164 .....
NMFS Alaska Fisheries Science Center’s Marine Mammal Laboratory, 7600 Sand Point
Way NE, Seattle, WA 98115 (Responsible
Party: John Bengtson, Ph.D.).
NMFS Pacific Islands Regional Office, 1845
Wasp Boulevard, Building 176, Honolulu, HI
96818 (Responsible Party: Jamie Marchetti).
89 FR 63412, August 5, 2024 ............
September 25,
2024.
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In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), for Permit Nos.
20347–02, 21163–01, and 28148, and a
final determination has been made that
the activities proposed are categorically
excluded from the requirement to
prepare an environmental assessment
(EA) or environmental impact statement
(EIS).
For Permit No. 27597, a determination
was made that the activities authorized
are consistent with the Preferred
Alternative in the Final Programmatic
EIS for Steller Sea Lion and Northern
Fur Seal Research (NMFS 2007). A
supplemental EA (NMFS 2014) was
prepared for the addition of unmanned
aerial surveys to the suite of research
activities analyzed under the EIS and
concluded that issuance of the permits
would not have a significant adverse
impact on the human environment. An
environmental review memo was
prepared to summarize these findings.
As required by the ESA, as applicable,
issuance of these permit was based on
a finding that such permits: (1) were
applied for in good faith; (2) will not
operate to the disadvantage of such
endangered species; and (3) are
consistent with the purposes and
policies set forth in section 2 of the
ESA.
Authority: The requested permits
have been issued under the MMPA of
1972, as amended (16 U.S.C. 1361 et
seq.), the regulations governing the
taking and importing of marine
mammals (50 CFR part 216), the ESA of
1973, as amended (16 U.S.C. 1531 et
seq.), and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), as applicable.
Dated: October 15, 2024.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2024–24976 Filed 10–25–24; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE320]
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) (tunas,
billfish, swordfish, and sharks) in 2025.
EFPs and related permits other than
LOAs exempt permit holders from
specific portions of the regulations for
the purposes of scientific research, data
collection, the investigation of bycatch,
and public display, among other things.
LOAs acknowledge that researchers are
conducting scientific research activities
on board a scientific research vessel.
Generally, EFPs and related permits are
valid from the date of issuance through
the end of the calendar year for which
they are issued, unless otherwise
specified in the permit, subject to the
terms and conditions of individual
permits.
DATES: NMFS will consider written
comments received in response to this
notice when issuing EFPs and related
permits. Submit comments on or before
November 27, 2024.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2024–0109, electronically via
the Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
‘‘NOAA–NMFS–2024–0109’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
SUMMARY:
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Issuance date
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,
elsa.gutierrez@noaa.gov.
SUPPLEMENTARY INFORMATION: HMS
fisheries (tunas, billfish, swordfish, and
sharks) are managed under the 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments
pursuant to the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) and consistent with the Atlantic
Tunas Convention Act (ATCA; 16 U.S.C.
971 et seq.). ATCA is the implementing
statute for binding recommendations of
the International Commission for the
Conservation of Atlantic Tunas. HMS
implementing regulations are 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 in cases where HMS regulations
(e.g., fishing seasons, prohibited species,
authorized gear, closed areas, minimum
sizes) may otherwise prohibit scientists
and other interested parties from
conducting scientific research; acquiring
information and data related to HMS
and fishing for HMS; enhancing safety
at sea; collecting HMS for public
education or display; investigating
bycatch, economic discards, or
regulatory discards in HMS fisheries; or
conducting other fishing activities that
NMFS has an interest in permitting or
acknowledging. Consistent with
§§ 600.745 and 635.32, a NMFS
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
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 be prohibited. 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
NMFS counts this mortality against the
relevant quota, as appropriate and
applicable. The terms and conditions of
individual permits are unique; however,
all permits include reporting
requirements, limit the number and/or
species of HMS to be collected (if
appropriate), and only authorize
collection and/or other research
activities in Federal waters of the
Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea (for Atlantic tunas, we
may authorize the activities all the way
to shore).
The Magnuson-Stevens Act exempts
any scientific research activity
conducted by a scientific research vessel
from the definition of ‘‘fishing.’’ NMFS
issues LOAs acknowledging such bona
fide research activities involving species
that are directly regulated only under
the Magnuson-Stevens Act (e.g., most
shark species) and not under ATCA.
NMFS generally does not consider
recreational or commercial vessels to be
bona fide research vessels. However, if
the researcher contracts a vessel 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 fishing
vessels assisting with shark population
surveys may be considered ‘‘bona fide
research vessels’’ while engaged only in
the specified research. For such
activities, NMFS reviews the scientific
research plans and may issue an LOA
acknowledging that the proposed
activity is scientific research for
purposes of the Magnuson-Stevens Act.
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
conduct scientific research related to
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HMS from bona fide research vessels for
species managed directly under this
statute (i.e., tunas, swordfish, and
billfish). One example of research
conducted under SRPs would be tunas,
swordfish, and billfish scientific surveys
conducted from NOAA research vessels.
NMFS issues EFPs 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 to determine billfish
habitat use, life history, and population
structure from private vessels; and
tagging sharks caught on commercial or
recreational fishing gear to determine
post-release mortality rates from
commercial or recreational fishing
vessels.
NMFS issues display permits for the
collection of HMS for public display.
Collection of HMS 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. Not all HMS
can be collected for public display.
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)
that, among other things, prohibited the
collection of dusky sharks for public
display. In 2022, NMFS published a
final rule (87 FR 39373, July 1, 2022)
that, among other things, prohibited the
collection of shortfin mako sharks 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 these activities were
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 which may
warrant further consideration, such as
those for unanticipated research
activities, for research that is outside the
scope of general scientific sampling and
tagging of HMS, or for research that is
particularly controversial. In those
instances, NMFS will provide
additional opportunity for public
comment, consistent with the
regulations at § 600.745.
On May 10, 2024, the Environmental
Protection Agency published a notice
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announcing the availability of the Final
Environmental Impact Statement for
Amendment 15 to the 2006
Consolidated HMS FMP (89 FR 40481).
In Amendment 15, NMFS prefers an
alternative that would allow for
cooperative research via an EFP within
the various areas that are currently
closed to pelagic longline fishing. NMFS
would use the data collected to help
assess the effectiveness of the pelagic
longline closed areas. At this time,
NMFS has not yet published any final
rule for Amendment 15. NMFS is not
aware of any researchers who plan to
conduct research specific to the
objectives in Amendment 15 in the
closed areas in 2025. If after the
publication of any final rule, NMFS
receives such applications, NMFS may
consider providing additional
opportunity for public comment,
dependent upon the particulars of the
scientific research plan submitted,
consistent with the regulations at
§ 600.745.
Additionally, this notice invites
comments on the shark research fishery,
which NMFS implemented in 2008
through Amendment 2 to the 2006
Consolidated HMS FMP. NMFS
conducts this research fishery under the
auspices of the EFP program. Shark
research fishery participants assist
NMFS in collecting valuable shark life
history and other scientific data
required in shark stock assessments.
Since NMFS established the shark
research fishery, the research fishery has
allowed for:
• Fishery-dependent data collection
for current and future stock
assessments;
• Cooperative research to meet
NMFS’ ongoing research objectives;
• Collection of updated life-history
information used in the sandbar shark
(and other species) stock assessments;
• Data collection on habitat
preferences that might help reduce
fishery interactions through bycatch
mitigation;
• Evaluation of the utility of the midAtlantic closed area on the recovery of
dusky sharks;
• Collection of hook-timer and popup satellite archival tag information to
determine at-vessel and post-release
mortality of dusky sharks; and
• 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, NMFS has
required shark research fishery
participants to retain all non-prohibited
shark species dead at haulback and
NMFS has counted that mortality
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
against the appropriate quotas of the
shark research fishery participant.
Additionally, in recent years, all shark
research fishery participants 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
NMFS has not yet determined the
specific terms and conditions of the
2025 shark research fishery permits,
NMFS expects the terms and conditions
to be similar to those in 2024 permits.
For example, participants may 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
2025 shark research fishery and
requesting applications from interested
and eligible shark fishermen may be
published in the near future. NMFS
requests public comment regarding
NMFS’ intent to issue shark research
fishery permits in 2025 during the
comment period of this notice.
Table 1 summarizes the number of
specimens authorized under EFPs and
related permits thus far in 2024, as well
as the number of specimens collected in
2023. The total amount of collections in
2023 was within the analyzed quotas for
all quota-managed HMS species. The
number of specimens collected in 2024
will be available when NMFS receives
all 2024 interim and annual reports.
In all cases, NMFS counts mortalities
associated with EFPs, SRPs, or display
permits (except for larvae) against the
appropriate quota. In 2023, NMFS
issued a total of 46 EFPs, SRPs, display
permits, and LOAs for the collection,
sampling, and/or tagging of HMS and 3
shark research fishery permits. As of
October 1, 2024, NMFS has issued a
total of 46 EFPs, SRPs, display permits,
and LOAs and 3 shark research fishery
permits.
TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2023 AND 2024, OTHER THAN SHARK RESEARCH
FISHERY PERMITS
2023
Permit type
Species
EFP ......................................
HMS .....................................
Shark ...................................
Tuna .....................................
HMS .....................................
Shark ...................................
Swordfish .............................
HMS .....................................
Shark ...................................
2
8
2
8
0
1
1
3
Total ................................................................................
SRP .....................................
Display .................................
LOA ......................................
Authorized
fish
(numbers) 1
Permits
issued
Shark ...................................
2024
Fish kept/
discarded dead
(numbers)
184
Authorized
fish
(numbers) 1
Permits
issued
30
1,027
0
30
55
223
0
0
0
6
0
0
0
47
2
6
1
5
1
1
1
3
84
0
120
540
1010
0
54
223
26
25
55
20
1 203
20
1 N/A
102
26
1 N/A
1 N/A
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Note: ‘‘HMS’’ refers to multiple species being collected under a given permit type.
1 NMFS issued some EFPs, SRPs, and LOAs for the purposes of tagging and the opportunistic sampling of HMS and were not expected to result in large amounts of mortality, thus no limits on sampling were set. NMFS will account for any mortality that may occur throughout 2024 under
the appropriate HMS research and display quota.
NMFS does not currently anticipate
any significant environmental impacts
from the issuance of EFPs, SRPS,
display permits, and shark research
fishery permits, consistent with the
assessment of such activities as
identified in Categorical Exclusion B12
of the Companion Manual for NOAA
Administrative Order 216–6A or within
the environmental impacts analyses in
existing HMS actions. Existing actions
include the 1999 FMP, the 2006
Consolidated HMS FMP and its
amendments, Amendment 2 to the 2006
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.
Final decisions on the issuance of any
EFPs, SRPs, display permits, and shark
research fishery permits will depend on:
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• The submission of all required
information about the proposed
activities;
• NMFS’ review of public comments
received on this notice;
• The 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 analyses; and
• Any consultations with appropriate
Regional Fishery Management Councils,
states, or Federal agencies.
Authority: 16 U.S.C. 971 et seq. and
16 U.S.C. 1801 et seq.
Dated: October 22, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–25023 Filed 10–25–24; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE412]
Endangered Species; File No. 28294
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Matthew Fisher (Normandeau
Associates Inc., 2233 Spring Street,
West Lawn, PA 19609), has applied in
due form for a permit to take Atlantic
(Acipenser oxyrinchus) and shortnose
(A. brevirostrum) sturgeon for purposes
of scientific research.
DATES: Written comments must be
received on or before November 27,
2024.
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85515-85517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25023]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE320]
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) (tunas, billfish, swordfish, and sharks)
in 2025. EFPs and related permits other than LOAs exempt permit holders
from specific portions of the regulations for the purposes of
scientific research, data collection, the investigation of bycatch, and
public display, among other things. LOAs acknowledge that researchers
are conducting scientific research activities on board a scientific
research vessel. Generally, EFPs and related permits are valid from the
date of issuance through the end of the calendar year for which they
are issued, unless otherwise specified in the permit, subject to the
terms and conditions of individual permits.
DATES: NMFS will consider written comments received in response to this
notice when issuing EFPs and related permits. Submit comments on or
before November 27, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0109, electronically via the Federal e-Rulemaking
Portal. Visit https://www.regulations.gov and type ``NOAA-NMFS-2024-
0109'' 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: HMS fisheries (tunas, billfish, swordfish,
and sharks) are managed under the 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments pursuant to the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with the Atlantic
Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). ATCA is the
implementing statute for binding recommendations of the International
Commission for the Conservation of Atlantic Tunas. HMS implementing
regulations are 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 in cases where HMS regulations
(e.g., fishing seasons, prohibited species, authorized gear, closed
areas, minimum sizes) may otherwise prohibit scientists and other
interested parties from conducting scientific research; acquiring
information and data related to HMS and fishing for HMS; enhancing
safety at sea; collecting HMS for public education or display;
investigating bycatch, economic discards, or regulatory discards in HMS
fisheries; or conducting other fishing activities that NMFS has an
interest in permitting or acknowledging. Consistent with Sec. Sec.
600.745 and 635.32, a NMFS
[[Page 85516]]
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 be prohibited. 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 NMFS counts this
mortality against the relevant quota, as appropriate and applicable.
The terms and conditions of individual permits are unique; however, all
permits include reporting requirements, limit the number and/or species
of HMS to be collected (if appropriate), and only authorize collection
and/or other research activities in Federal waters of the Atlantic
Ocean, Gulf of Mexico, and Caribbean Sea (for Atlantic tunas, we may
authorize the activities all the way to shore).
The Magnuson-Stevens Act exempts any scientific research activity
conducted by a scientific research vessel from the definition of
``fishing.'' NMFS issues LOAs acknowledging such bona fide research
activities involving species that are directly regulated only under the
Magnuson-Stevens Act (e.g., most shark species) and not under ATCA.
NMFS generally does not consider recreational or commercial vessels to
be bona fide research vessels. However, if the researcher contracts a
vessel 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 fishing vessels assisting with shark
population surveys may be considered ``bona fide research vessels''
while engaged only in the specified research. For such activities, NMFS
reviews the scientific research plans and may issue an LOA
acknowledging that the proposed activity is scientific research for
purposes of the Magnuson-Stevens Act.
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 conduct scientific research related to HMS from bona
fide research vessels for species managed directly under this statute
(i.e., tunas, swordfish, and billfish). One example of research
conducted under SRPs would be tunas, swordfish, and billfish scientific
surveys conducted from NOAA research vessels.
NMFS issues EFPs 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 to determine billfish habitat use, life history, and population
structure from private vessels; and tagging sharks caught on commercial
or recreational fishing gear to determine post-release mortality rates
from commercial or recreational fishing vessels.
NMFS issues display permits for the collection of HMS for public
display. Collection of HMS 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. Not all HMS can
be collected for public display. 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) that, among other things,
prohibited the collection of dusky sharks for public display. In 2022,
NMFS published a final rule (87 FR 39373, July 1, 2022) that, among
other things, prohibited the collection of shortfin mako sharks 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 these activities were 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
which may warrant further consideration, such as those for
unanticipated research activities, for research that is outside the
scope of general scientific sampling and tagging of HMS, or for
research that is particularly controversial. In those instances, NMFS
will provide additional opportunity for public comment, consistent with
the regulations at Sec. 600.745.
On May 10, 2024, the Environmental Protection Agency published a
notice announcing the availability of the Final Environmental Impact
Statement for Amendment 15 to the 2006 Consolidated HMS FMP (89 FR
40481). In Amendment 15, NMFS prefers an alternative that would allow
for cooperative research via an EFP within the various areas that are
currently closed to pelagic longline fishing. NMFS would use the data
collected to help assess the effectiveness of the pelagic longline
closed areas. At this time, NMFS has not yet published any final rule
for Amendment 15. NMFS is not aware of any researchers who plan to
conduct research specific to the objectives in Amendment 15 in the
closed areas in 2025. If after the publication of any final rule, NMFS
receives such applications, NMFS may consider providing additional
opportunity for public comment, dependent upon the particulars of the
scientific research plan submitted, consistent with the regulations at
Sec. 600.745.
Additionally, this notice invites comments on the shark research
fishery, which NMFS implemented in 2008 through Amendment 2 to the 2006
Consolidated HMS FMP. NMFS conducts this research fishery under the
auspices of the EFP program. Shark research fishery participants assist
NMFS in collecting valuable shark life history and other scientific
data required in shark stock assessments. Since NMFS established the
shark research fishery, the research fishery has allowed for:
Fishery-dependent data collection for current and future
stock assessments;
Cooperative research to meet NMFS' ongoing research
objectives;
Collection of updated life-history information used in the
sandbar shark (and other species) stock assessments;
Data collection on habitat preferences that might help
reduce fishery interactions through bycatch mitigation;
Evaluation of the utility of the mid-Atlantic closed area
on the recovery of dusky sharks;
Collection of hook-timer and pop-up satellite archival tag
information to determine at-vessel and post-release mortality of dusky
sharks; and
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, NMFS has required shark research
fishery participants to retain all non-prohibited shark species dead at
haulback and NMFS has counted that mortality
[[Page 85517]]
against the appropriate quotas of the shark research fishery
participant. Additionally, in recent years, all shark research fishery
participants 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 NMFS has not yet
determined the specific terms and conditions of the 2025 shark research
fishery permits, NMFS expects the terms and conditions to be similar to
those in 2024 permits. For example, participants may 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 2025 shark research
fishery and requesting applications from interested and eligible shark
fishermen may be published in the near future. NMFS requests public
comment regarding NMFS' intent to issue shark research fishery permits
in 2025 during the comment period of this notice.
Table 1 summarizes the number of specimens authorized under EFPs
and related permits thus far in 2024, as well as the number of
specimens collected in 2023. The total amount of collections in 2023
was within the analyzed quotas for all quota-managed HMS species. The
number of specimens collected in 2024 will be available when NMFS
receives all 2024 interim and annual reports.
In all cases, NMFS counts mortalities associated with EFPs, SRPs,
or display permits (except for larvae) against the appropriate quota.
In 2023, NMFS issued a total of 46 EFPs, SRPs, display permits, and
LOAs for the collection, sampling, and/or tagging of HMS and 3 shark
research fishery permits. As of October 1, 2024, NMFS has issued a
total of 46 EFPs, SRPs, display permits, and LOAs and 3 shark research
fishery permits.
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2023 and 2024, Other Than Shark Research Fishery Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024
--------------------------------------------------------------------------
Authorized Authorized
Permit type Species Permits fish Fish kept/ Permits fish
issued (numbers) discarded dead issued (numbers)
\1\ (numbers) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP......................................... HMS............................ 2 184 0 2 84
Shark.......................... 8 \1\ N/A 0 6 0
Tuna........................... 2 30 0 1 120
SRP......................................... HMS............................ 8 1,027 6 5 540
Shark.......................... 0 0 0 1 1010
Swordfish...................... 1 30 0 1 0
Display..................................... HMS............................ 1 55 0 1 54
Shark.......................... 3 223 47 3 223
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total.................................................................... 26 25 55 20 \1\ 203
--------------------------------------------------------------------------------------------------------------------------------------------------------
LOA......................................... Shark.......................... 20 \1\ N/A 102 26 \1\ N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: ``HMS'' refers to multiple species being collected under a given permit type.
\1\ NMFS issued some EFPs, SRPs, and LOAs for the purposes of tagging and the opportunistic sampling of HMS and were not expected to result in large
amounts of mortality, thus no limits on sampling were set. NMFS will account for any mortality that may occur throughout 2024 under the appropriate
HMS research and display quota.
NMFS does not currently anticipate any significant environmental
impacts from the issuance of EFPs, SRPS, display permits, and shark
research fishery permits, consistent with the assessment of such
activities as identified in Categorical Exclusion B12 of the Companion
Manual for NOAA Administrative Order 216-6A or within the environmental
impacts analyses in existing HMS actions. Existing actions include the
1999 FMP, the 2006 Consolidated HMS FMP and its amendments, Amendment 2
to the 2006 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.
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;
The 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 analyses; and
Any consultations with appropriate Regional Fishery
Management Councils, states, or Federal agencies.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: October 22, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-25023 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-22-P
