Notice2024-25023
Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment
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Published
October 28, 2024
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) (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.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85515-85517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25023]
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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
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) (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<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#1d78716e7c337a686974786f6f78675d73727c7c337a726b"><span class="__cf_email__" data-cfemail="01646d72602f66747568647373647b416f6e60602f666e77">[email protected]</span></a>.
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:
<bullet> Fishery-dependent data collection for current and future
stock assessments;
<bullet> Cooperative research to meet NMFS' ongoing research
objectives;
<bullet> Collection of updated life-history information used in the
sandbar shark (and other species) stock assessments;
<bullet> Data collection on habitat preferences that might help
reduce fishery interactions through bycatch mitigation;
<bullet> Evaluation of the utility of the mid-Atlantic closed area
on the recovery of dusky sharks;
<bullet> Collection of hook-timer and pop-up satellite archival tag
information to determine at-vessel and post-release mortality of dusky
sharks; and
<bullet> 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
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2023 2024
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Authorized Authorized
Permit type Species Permits fish Fish kept/ Permits fish
issued (numbers) discarded dead issued (numbers)
\1\ (numbers) \1\
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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
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Total.................................................................... 26 25 55 20 \1\ 203
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LOA......................................... Shark.......................... 20 \1\ N/A 102 26 \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:
<bullet> The submission of all required information about the
proposed activities;
<bullet> NMFS' review of public comments received on this notice;
<bullet> The applicant's reporting history on past permits;
<bullet> If vessels or applicants were issued any prior violations
of marine resource laws administered by NOAA;
<bullet> Consistency with relevant National Environmental Policy
Act analyses; and
<bullet> 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
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