Notice2023-23169
Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment
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Published
October 20, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 202 (Friday, October 20, 2023)</title>
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[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72433-72435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23169]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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,
<a href="/cdn-cgi/l/email-protection#a5c0c9d6c48bc2d0d1ccc0d7d7c0dfe5cbcac4c48bc2cad3"><span class="__cf_email__" data-cfemail="93f6ffe0f2bdf4e6e7faf6e1e1f6e9d3fdfcf2f2bdf4fce5">[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 (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
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2022 2023
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Permit type Species Authorized Fish kept/ Authorized
Permits issued fish (numbers) discarded dead Permits issued fish (numbers)
\1\ (numbers) \1\
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EFP....................................... HMS......................... 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
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Total ............................ 26 2,579 108 25 1,549
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LOA....................................... Shark....................... 17 \1\ N/A 158 20 \1\ N/A
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Note: ``HMS'' refers to multiple species being collected under a given permit type.
\1\ Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks or other HMS and were not expected
to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 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
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