Notice2022-23850
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2023 Research Fishery
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 2, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces its request for applications for the 2023 shark research fishery from commercial shark fishermen with directed or incidental shark limited access permits. The shark research fishery allows for the collection of fishery-dependent and biological data for future stock assessments and to meet the research objectives of the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land other large coastal sharks (LCS), small coastal sharks (SCS), smoothhound, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application to be considered.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66163-66166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23850]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC435]
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; 2023 Research Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for applications.
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SUMMARY: NMFS announces its request for applications for the 2023 shark
research fishery from commercial shark fishermen with directed or
incidental shark limited access permits. The shark research fishery
allows for the collection of fishery-dependent and biological data for
future stock assessments and to meet the research objectives of the
Agency. The only commercial vessels authorized to land sandbar sharks
are those participating in the shark research fishery. Shark research
fishery permittees may also land other large coastal sharks (LCS),
small coastal sharks (SCS), smoothhound, and pelagic sharks. Commercial
shark fishermen who are interested in participating in the shark
research fishery need to submit a completed Shark Research Fishery
Permit Application to be considered.
DATES: Shark Research Fishery Permit Applications must be received no
later than December 2, 2022.
ADDRESSES: Please submit completed applications via email to
<a href="/cdn-cgi/l/email-protection#501e1d16037e02352335312233387e16392338352229103e3f31317e373f26"><span class="__cf_email__" data-cfemail="6927242f3a473b0c1a0c081b0a01472f001a010c1b102907060808470e061f">[email protected]</span></a>.
For copies of the Shark Research Fishery Permit Application, please
email a request to <a href="/cdn-cgi/l/email-protection#c987848f9ae79bacbaaca8bbaaa1e78fa0baa1acbbb089a7a6a8a8e7aea6bf"><span class="__cf_email__" data-cfemail="27696a617409754254424655444f09614e544f42555e674948464609404851">[email protected]</span></a>. Copies of the Shark
Research Fishery Permit Application are also available at the highly
migratory species (HMS)
[[Page 66164]]
website at <a href="https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-exempted-fishing-permits">https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-exempted-fishing-permits</a>.
Please be advised that your application may be released under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz at (301) 427-8503
or Delisse Ortiz at (301) 427-8530, or email
<a href="/cdn-cgi/l/email-protection#97d9dad1c4b9c5f2e4f2f6e5f4ffb9d1fee4fff2e5eed7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="1c52515a4f324e796f797d6e7f74325a756f74796e655c72737d7d327b736a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish,
swordfish, and sharks) are managed under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.).
The 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and
its amendments are implemented by regulations at 50 CFR part 635.
Specifics regarding the commercial shark quotas and the shark research
fishery can be found at Sec. Sec. 635.27(b) and 635.32(f).
The shark research fishery was established, in part, to maintain
time series data for stock assessments and to meet NMFS' research
objectives. Since the shark research fishery was established in 2008,
it 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; evaluation of the utility of the mid-Atlantic closed area
on the recovery of dusky sharks and 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
determine the weight conversion factor from dressed weight to whole
weight.
The shark research fishery allows selected commercial fishermen the
opportunity to earn revenue from selling additional sharks, including
sandbar sharks. Only the commercial shark fishermen selected to
participate in the shark research fishery are authorized to land
sandbar sharks subject to the sandbar quota available each year. The
base quota for sandbar sharks is 90.7 metric tons (mt) dressed weight
(dw) per year, although this number may be reduced in the event of
overharvests. The selected shark research fishery permittees will also
be allowed to land other LCS, SCS, smoothhound, and pelagic sharks
consistent with any restrictions established on their shark research
fishery permit. Generally, the shark research fishery permits are valid
only for the calendar year for which they are issued.
One hundred-percent observer coverage is required on shark research
fishery trips. The specific 2023 trip limits and number of trips per
month will depend on the availability of funding, number of selected
vessels, the availability of observers, the available quota, and the
objectives of the research fishery, and will be included in the permit
terms at time of issuance. The number of participants in the research
fishery changes each year. In 2022, five fishermen were chosen to
participate. From 2008 through 2022, there has been an average of 6
participants each year with the range from 4 to 11. The number of trips
allowed per month can change, but in the last few years participating
vessels on average have been able to take one trip per month. The
number of trips taken per month are limited by the scientific and
research needs of the Agency and the number of NMFS-approved observers
available. Participants are also limited on the amount of gear they can
deploy on a given set (e.g., number of hooks and sets, soak times,
length of longline). These limits may change both between years and
during the year depending on research goals and bycatch limits.
In 2022, NMFS split 90 percent of the sandbar and LCS research
fishery quotas equally among selected participants, with 16.3 mt dw
(35,935 lb dw) of sandbar shark research fishery quota and 9.0 mt dw
(19,841 lb dw) of other LCS research fishery quota available to each
vessel. The remaining quota was held in reserve to ensure the overall
sandbar and LCS research fishery quotas were not exceeded. It is likely
NMFS will use this process again for the quota in 2023.
In 2022, NMFS continued to implement a regional dusky bycatch
limit, which was first established in 2013, in the shark research
fishery, applicable to four regions across the Gulf of Mexico and
Atlantic. Under this limit, when four or more dusky sharks have been
brought to the vessel dead in a region, shark research fishery permit
holders in that region were prohibited from soaking their gear for
longer than 3 hours. If, after the change in soak time, three
additional dusky shark interactions (alive or dead) were observed,
shark research fishery permit holders were prohibited from making a
trip in that region for the remainder of the year, unless otherwise
permitted by NMFS. Slightly different measures were established for
shark research fishery participants in the mid-Atlantic shark closed
area in order to allow NMFS observers to place satellite archival tags
on dusky sharks and collect other scientific information on dusky
sharks while also minimizing any dusky shark mortality.
Previously, shark research fishery permit holders were required to
land any dead sharks, except for prohibited species. However, in 2022,
shark research fishery permit holders were provided more flexibility
and allowed to retain or discard any non-prohibited shark, regardless
of condition. All prohibited species were required to be released,
unless the observer requested that the shark be retained for research
purposes. If the regional non-blacknose SCS, blacknose, and/or pelagic
shark commercial management group quotas were closed, then any shark
research fishery permit holder fishing in the region was required to
discard all of the species from the closed management groups,
regardless of condition. All other sharks, except prohibited species,
caught and brought to the vessel could be released alive or landed. The
vessels participating in the shark research fishery averaged eight
trips in 2022, but the timing, and number of the trips varied based on
seasonal availability of certain species and quota available.
To participate in the shark research fishery, commercial shark
fishermen need to submit a completed Shark Research Fishery Permit
Application by the deadline noted above (see DATES) showing that the
vessel and owner(s) meet the specific criteria outlined below.
Research Objectives
Each year, the research objectives are developed by a shark board,
which is comprised of representatives within NMFS, including
representatives from the Southeast Fisheries Science Center (SEFSC)
Panama City Laboratory, the Southeast Regional Office Protected
Resources Division, and the HMS Management Division. The research
objectives for 2023 are based on various documents, including the May
2020 Biological Opinion on the Operation of the Atlantic Highly
Migratory Species Fisheries Excluding Pelagic Longline, as well as
recent stock assessments for the U.S. South Atlantic blacknose, U.S
Gulf of Mexico blacknose, U.S. Gulf of Mexico blacktip, sandbar, and
dusky sharks (all these stock assessments can be found at <a href="http://sedarweb.org/">http://sedarweb.org/</a>). The 2023 research objectives are:
<bullet> Collect reproductive, length, sex, and age data from
sandbar and other
[[Page 66165]]
sharks throughout the calendar year for species-specific stock
assessments;
<bullet> Monitor the size distribution of sandbar sharks and other
species captured in the fishery;
<bullet> Continue ongoing shark tagging programs for identification
of migration corridors and stock structure using dart and/or spaghetti
tags;
<bullet> Maintain time-series of abundance from previously derived
indices for the shark bottom longline observer program;
<bullet> Acquire fin-clip samples of all shark and other species
for genetic analysis;
<bullet> Attach satellite archival tags to endangered smalltooth
sawfish to provide information on critical habitat, preferred depth and
post-release mortality, consistent with the requirements listed in the
take permit issued under section 10 of the Endangered Species Act to
the SEFSC Observer Program;
<bullet> Attach satellite archival tags to prohibited dusky and
other sharks, as needed, to provide information on daily and seasonal
movement patterns, and preferred depth;
<bullet> Evaluate hooking mortality and post-release survivorship
of dusky, hammerhead, blacktip, and other sharks using hook-timers and
temperature-depth recorders;
<bullet> Evaluate the effects of controlled gear experiments to
determine the effects of potential hook changes to prohibited species
interactions and fishery yields;
<bullet> Examine the size distribution of sandbar and other sharks
captured throughout the fishery including in the Mid-Atlantic shark
time/area closure off the coast of North Carolina from January 1
through July 31;
<bullet> Develop allometric and weight relationships of selected
species of sharks (e.g., hammerhead, sandbar, blacktip shark);
<bullet> Collect samples such as liver and muscle plugs for stable
isotope analysis as a part of a trophic level-based ecosystem study;
and
<bullet> Examine the feasibility of using electronic monitoring to
accurately measure soak times of bottom longline sets. This specific
research objective may require participating vessels to have an
electronic monitoring system (EM) sensors installed for the duration of
the 2023 research fishery. During each research trip, the EM sensors
must be operating. The sensors will be removed after the end of the
2023 research fishery.
Selection Criteria
Shark Research Fishery Permit Applications will only be accepted
from commercial shark fishermen who hold a current directed or
incidental shark limited access permit. While incidental permit holders
are welcome to submit an application, to ensure that an appropriate
number of sharks are landed to meet the research objectives for this
year, NMFS will give priority to directed permit holders as recommended
by the shark board. As such, qualified incidental permit holders will
be selected only if there are not enough qualified directed permit
holders to meet research objectives.
The Shark Research Fishery Permit Application includes, but is not
limited to, a request for the following information: type of commercial
shark permit possessed; past participation and availability in the
commercial shark fishery (not including sharks caught for display);
past involvement and compliance with HMS observer programs per Sec.
635.7; past compliance with HMS regulations at 50 CFR part 635; past
and present availability to participate in the shark research fishery
year-round; ability to fish in the regions and seasons requested;
ability to attend necessary meetings regarding the objectives and
research protocols of the shark research fishery; and ability to carry
out the research objectives of the Agency. Preference will be given to
those applicants who are willing and available to fish year-round and
who affirmatively state that they intend to do so, to ensure the timely
and accurate data collection NMFS needs to meet this year's research
objectives. An applicant who has been charged criminally or civilly
(e.g., issued a Notice of Violation and Assessment (NOVA) or Notice of
Permit Sanction) for any HMS-related violation will not be considered
for participation in the shark research fishery. In addition,
applicants who were selected to carry an observer in the previous 2
years for any HMS fishery, but failed to contact NMFS to arrange the
placement of an observer as required per Sec. 635.7, will not be
considered for participation in the 2023 shark research fishery.
Applicants who were selected to carry an observer in the previous 2
years for any HMS fishery and failed to comply with all the observer
regulations per Sec. 635.7 will also not be considered. Exceptions
will be made for vessels that were selected for HMS observer coverage
but did not fish in the quarter when selected and thus did not require
an observer. Applicants who do not possess a valid U.S. Coast Guard
safety inspection decal when the application is submitted will not be
considered. Applicants who have been non-compliant with any of the HMS
observer program regulations in the previous 2 years, as described
above, may be eligible for future participation in shark research
fishery activities by demonstrating 2 subsequent years of compliance
with observer regulations at Sec. 635.7.
Selection Process
The HMS Management Division will review all submitted applications
and develop a list of qualified applicants from those applications that
are deemed complete. A qualified applicant is an applicant that has
submitted a complete application by the deadline (see DATES) and has
met the selection criteria listed above. Qualified applicants are
eligible to be selected to participate in the 2023 shark research
fishery. The HMS Management Division will provide the list of qualified
applicants without identifying information to the SEFSC. The SEFSC will
then evaluate the list of qualified applicants and, based on the
temporal and spatial needs of the research objectives, the availability
of observers, the availability of qualified applicants, and the
available quota for a given year, will randomly select qualified
applicants to conduct the prescribed research. Where there are multiple
qualified applicants that meet the criteria, permittees will be
randomly selected through a lottery system. If a public meeting is
deemed necessary, NMFS will announce details of a public selection
meeting in a subsequent Federal Register notice.
Once the selection process is complete, NMFS will notify the
selected applicants and issue the shark research fishery permits. The
shark research fishery permits will be valid through December 31, 2023,
unless otherwise specified. If needed, NMFS will communicate with the
shark research fishery permit holders to arrange a captain's meeting to
discuss the research objectives and protocols. NMFS usually holds
mandatory captain's meetings before observers are placed on vessels and
may hold one for the 2023 shark research fishery in early 2023. Once
the fishery starts, the shark research fishery permit holders must
contact NMFS or the NMFS-designee to arrange the placement of a NMFS-
approved observer for each shark research trip, and in the beginning,
if required, to arrange the installation of the specific EM sensor.
Selected applicants are required to allow observers the opportunity to
perform their duties and assist observers as necessary. At the end of
the shark fishery, shark research fishery permit holders must contact
NMFS or a
[[Page 66166]]
designee to arrange for the removal of the EM sensors.
A shark research fishery permit will only be valid for the vessel
and owner(s) and terms and conditions listed on the permit, and, thus,
cannot be transferred to another vessel or owner(s). Shark research
fishery permit holders must carry a NMFS-approved observer on shark
research fishery trips. Issuance of a shark research permit does not
guarantee that the permit holder will be assigned a NMFS-approved
observer on any particular trip. Rather, issuance indicates that a
vessel may be issued a NMFS-approved observer for a particular trip,
and on such trips, may be allowed to harvest Atlantic sharks, including
sandbar sharks, in excess of the retention limits described in Sec.
635.24(a). Applicable retention limits will be based on available
quota, number of vessels participating in the 2023 shark research
fishery, the research objectives set forth by the shark board, the
extent of other restrictions placed on the vessel, and may vary by
vessel and/or location. When not operating under the auspices of the
shark research fishery, the vessel would still be able to land LCS,
SCS, and pelagic sharks subject to existing retention limits on trips
without a NMFS-approved observer. Additionally, during those times, the
vessel would not need to operate the EM sensors.
NMFS annually invites commercial shark permit holders (directed and
incidental) to submit an application to participate in the shark
research fishery. Permit applications can be found on the HMS
Management Division's website at <a href="https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-exempted-fishing-permits#shark-research-fishery">https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-exempted-fishing-permits#shark-research-fishery</a>, by calling (301) 427-
8503, or by emailing <a href="/cdn-cgi/l/email-protection#aae4e7ecf984f8cfd9cfcbd8c9c284ecc3d9c2cfd8d3eac4c5cbcb84cdc5dc"><span class="__cf_email__" data-cfemail="1c52515a4f324e796f797d6e7f74325a756f74796e655c72737d7d327b736a">[email protected]</span></a>. Final decisions on
the issuance of a shark research fishery permit will depend on the
submission of all required information by the deadline (see DATES), and
NMFS' review of applicant information as outlined above. The 2023 shark
research fishery will start after the opening of the shark fishery and
under available quotas as published in a separate Federal Register
final rule.
Dated: October 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-23850 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-22-P
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