80_FR_68510 80 FR 68297 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, Shark Research Fishery, and Chartering Permits; Letters of Acknowledgment

80 FR 68297 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, Shark Research Fishery, and Chartering Permits; Letters of Acknowledgment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 213 (November 4, 2015)

Page Range68297-68299
FR Document2015-28051

NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), Shark Research Fishery Permits, and Chartering Permits for Atlantic highly migratory species (HMS) in 2016. Exempted fishing permits and related permits would authorize collection of a limited number of tunas, swordfish, billfishes, and sharks (collectively known as HMS) from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection, bycatch research, and public display. Chartering permits allow the collection of HMS on the high seas or in the Exclusive Economic Zone of other nations under certain conditions. Generally, EFPs and related permits will be valid from the date of issuance through December 31, 2016, unless otherwise specified, subject to the terms and conditions of individual permits.

Federal Register, Volume 80 Issue 213 (Wednesday, November 4, 2015)
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68297-68299]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28051]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE257


Atlantic Highly Migratory Species; Exempted Fishing, Scientific 
Research, Display, Shark Research Fishery, and Chartering 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), Shark Research Fishery Permits, and Chartering 
Permits for Atlantic highly migratory species (HMS) in 2016. Exempted 
fishing permits and related permits would authorize collection of a 
limited number of tunas, swordfish, billfishes, and sharks 
(collectively known as HMS) from Federal waters in the Atlantic Ocean, 
Caribbean Sea, and Gulf of Mexico for the purposes of scientific data 
collection, bycatch research, and public display. Chartering permits 
allow the collection of HMS on the high seas or in the Exclusive 
Economic Zone of other nations under certain conditions. Generally, 
EFPs and related permits will be valid from the date of issuance 
through December 31, 2016, unless otherwise specified, subject to the 
terms and conditions of individual permits.

DATES: Written comments on these activities received in response to 
this notice will be considered by NMFS when issuing EFPs and related 
permits and must be received on or before December 4, 2015.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: nmfs.hms.efp2016@noaa.gov. Include in the subject 
line the following identifier: 0648-XE257.
     Mail: Craig Cockrell, Highly Migratory Species Management 
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503

SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are 
necessary for the collection of HMS for scientific research; the 
acquisition of information and data; the enhancement of safety at sea; 
the purpose of collecting animals for public education or display; and 
the investigation of bycatch, economic discards and regulatory 
discards. These permits exempt permit holders from regulations (e.g., 
fishing seasons, prohibited species, authorized gear, closed areas, and 
minimum sizes) that may otherwise prohibit the collection of HMS. 
Collection under EFPs, SRPs, LOAs, display, shark research fishery, and 
chartering permits represents a small portion of the overall fishing 
mortality for HMS, and this mortality is counted against the quota of 
the species harvested, 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.
    EFPs and related permits are issued under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Reauthorization 
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and/or the Atlantic 
Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.). Regulations at 50 
CFR 600.745 and 635.32 govern scientific research activity, exempted 
fishing, chartering arrangements, and exempted public display and 
educational activities with respect to Atlantic HMS. Since the 
Magnuson-Stevens Act does not define fishing to include scientific 
research, scientific research is exempt from this statute, and NMFS 
does not issue EFPs for bona fide research activities (e.g., research 
conducted from a research vessel and not a commercial or recreational 
fishing vessel) 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. NMFS requests 
copies of scientific research plans for these activities and 
acknowledges the activity by issuing an LOA to researchers to indicate 
that the proposed activity meets the definition of research. Examples 
of research conducted under LOAs include tagging and releasing of 
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 studies.
    Scientific research is not exempt from regulation under ATCA. NMFS 
issues SRPs which authorize researchers to collect HMS from bona fide 
research vessels for collection of species managed under this statute 
(e.g., tunas, swordfish, billfish, and some species of sharks). One 
example of research conducted under SRPs consists of scientific surveys 
of HMS conducted from NOAA research vessels. EFPs are issued to 
researchers collecting ATCA and Magnuson-Stevens Act-managed species 
and conducting research from commercial or recreational fishing 
vessels. NMFS regulations concerning the implantation or attachment of 
archival tags in Atlantic HMS require scientists to report their 
activities associated with these tags. Examples of research conducted 
under EFPs include deploying pop-up satellite archival tags (PSAT) on 
billfish, sharks, and tunas to determine migration patterns of these 
species; conducting billfish larval tows to determine billfish habitat 
use, life history, and population structure; and determining catch 
rates and gear characteristics of the swordfish buoy gear fishery.
    NMFS is also seeking public comment on its intent to issue display 
permits for the collection of sharks and other HMS for public display 
in 2016. Collection of sharks and other HMS sought for public display 
in aquaria often involves collection when the commercial fishing 
seasons are closed, collection of otherwise prohibited species, and 
collection of fish below the regulatory minimum size. NMFS established 
a 60-metric ton (mt) whole weight (ww)

[[Page 68298]]

(approximately 3,000 sharks, although conversion factors, and thus 
final numbers, differ by species) quota for the public display and 
research of sharks (combined) in the final Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (1999 FMP). Out of this 60 mt ww 
quota, 1.4 mt ww is set aside to collect sandbar sharks under a display 
permit and 1.4 mt ww is set aside to collect sandbar sharks under EFPs, 
created in 2008 under Amendment 2 to the 2006 Consolidated HMS FMP. 
Public display of dusky sharks is prohibited; NMFS considers collection 
of dusky sharks for research under an EFP and/or SRP on a case-by-case 
basis. NMFS has also established separate large coastal and sandbar 
shark quotas for the shark research fishery. The environmental effects 
of these quotas have been analyzed in conjunction with other sources of 
mortality in the 2006 Consolidated HMS FMP and its amendments, and NMFS 
has determined that harvesting this amount for public display and 
scientific research will not have a significant impact on shark stocks. 
The number of sharks harvested for display and research, other than the 
shark research fishery, has remained under the annual 60-mt ww quota 
every year since establishment of the quota. In 2015, permits issued by 
NMFS requested approximately 26 percent of the 60 mt ww quota for 
sharks. Amendment 3 to the 2006 Consolidated HMS FMP established a 
separate set-aside quota of 6 mt ww for smoothhound sharks (i.e., 
smooth dogfish, Florida smoothhounds, and Gulf smoothhounds) taken for 
research purposes, which would be in addition to the overall 60-mt ww 
quota for the public display and research of all sharks. NMFS expects 
Amendment 9 to the 2006 Consolidated HMS FMP to be finalized before the 
beginning of 2016, which would establish an effective date for the 
research set-aside for smoothhound sharks. Once Amendment 9 is 
finalized, NMFS expects to issue EFPs and related permits for the 
public display and research of smoothhound sharks, as appropriate.
    The majority of EFPs and related permits described in this annual 
notice relate to scientific sampling and tagging of Atlantic HMS, 
within existing quotas, the impacts of which have been previously 
analyzed in various environmental assessments and environmental impact 
statements for Atlantic HMS. 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 
Atlantic HMS, or rarely, for research that is particularly 
controversial. Should NMFS receive such applications, NMFS will provide 
additional opportunity for public comment.
    In 2016, NMFS expects to once again receive an application for an 
EFP from the owner of an Atlantic bluefin tuna purse seine vessel. A 
2015 application requested an exemption from the annual incidental 
purse seine retention limit on the harvest of large medium Atlantic 
bluefin tuna. On October 27, 2014, NMFS published a notice of intent 
(79 FR 63896) requesting comments on the application and the issuance 
of a permit. NMFS did not receive any comments in response to the 
issuance of the 2015 EFP, and on June 5, 2015, NMFS issued an EFP to 
the vessel owner. The 2015 EFP contained the following terms and 
conditions: (1) Mandatory observer coverage on all trips, (2) all dead 
bluefin tuna at haul back must available to observers for sampling, (3) 
sub-legal bluefin tuna that are released alive and in good condition 
will not be counted against the vessel's quota, (4) any sub-legal 
bluefin tuna that are dead at haulback may not be released by the 
vessel operator, and (5) only the observer has discretion over dead 
sub-legal fish that may be released without sampling. Compared to the 
dead discards that occurred in 2013, while fishing under an EFP in 2014 
and 2015, the overall reduction in dead discards was 69 and 64 percent, 
respectively. NMFS expects to receive a similar request for an EFP in 
2016 and requests comments, via this notice, on the continuation of 
such an EFP with similar terms and conditions. If the application from 
the purse seine vessel requests exemptions that are significantly 
different than those provided in the 2014 and 2015 permits, NMFS will 
provide additional opportunity for public comment.
    NMFS is also requesting comments on chartering permits considered 
for issuance in 2016 to U.S. vessels fishing for HMS while operating 
under chartering arrangements with foreign countries. NMFS has not 
issued any chartering permits since 2004. A chartering arrangement is a 
contract or agreement between a U.S. vessel owner and a foreign entity 
by which the control, use, or services of a vessel are secured for a 
period of time for fishing for Atlantic HMS. Before fishing under a 
chartering arrangement, the owner of the U.S. fishing vessel must apply 
for a chartering permit. The vessel chartering regulations can be found 
at 50 CFR 635.5(a)(4) and 635.32(e).
    In addition, Amendment 2 to the 2006 Consolidated HMS FMP 
implemented a shark research fishery. This research fishery is 
conducted under the auspices of the exempted fishing permit program. 
Research fishery permit holders assist NMFS in collecting valuable 
shark life history data and data for future 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; and the 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. Fishermen who wish 
to participate must fill out an application for a shark research permit 
under the exempted fishing program. Shark research fishery participants 
are subject to 100-percent observer coverage in addition to other terms 
and conditions (which in the past have included hook and soak time 
limitations and a requirement to land all dead sharks, unless the shark 
is a prohibited species). A Federal Register notice describing the 
specific objectives for the shark research fishery in 2016 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 2016 
during the comment period of this notice.
    The authorized number of species for 2015, as well as the number of 
specimens collected in 2014, is summarized in Table 1. The number of 
specimens collected in 2015 will be available when all 2015 interim and 
annual reports are submitted to NMFS. In 2014, the number of specimens 
collected was less than the number of authorized specimens for all 
permit types.
    In all cases, mortality associated with an EFP, SRP, Display 
Permit, or LOA (except for larvae) is counted against the appropriate 
quota. NMFS issued a total of 37 EFPs, SRPs, Display Permits, and LOAs 
in 2014 for the collection of HMS and a total of 5 shark research 
fishery

[[Page 68299]]

permits. As of October 29, 2015, NMFS has issued a total of 35 EFPs, 
SRPs, Display Permits, and LOAs and a total of 7 shark research fishery 
permits.

                   Table 1--Summary of HMS Exempted Fishing Permits Issued in 2014 and 2015, Other Than Shark Research Fishery Permits
                                     [``HMS'' refers to multiple species being collected under a given permit type]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2014                                                2015
                                                 -------------------------------------------------------------------------------------------------------
                   Permit type                                               Authorized   Fish kept/                                          Authorized
                                                    Permits     Authorized     larvae     discarded   Larvae kept    Permits     Authorized     larvae
                                                     issued     fish (Num)     (Num)      dead (Num)     (Num)        issued     fish (Num)     (Num)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP:
    HMS.........................................            3          188            0           57            0            4          207            0
    Shark.......................................           10        3,145            0          168            0           11        1,192            0
    Tuna........................................            3        1,677            0            0            0            3          928            0
    Billfish....................................            0           35        1,000  ...........  ...........  ...........  ...........  ...........
SRP:
    HMS.........................................            3          941            0            9            0            1          480            0
    Shark.......................................            2        2,008            0          166            0            4          875            0
    Tuna........................................            2           80        2,000            0            0            1           60            0
Display:
    HMS.........................................            3           94            0            5            0            1           67            0
    Shark.......................................            3          121            0           29            0            3          114            0
                                                 -------------------------------------------------------------------------------------------------------
        Total...................................           29        8,289        3,000          434            0           28        3,923            0
LOA:*
    Shark.......................................            8        2,770            0        1,633            0            8        2,205            0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections made under
  an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. Permittees are encouraged to report all fishing
  activities in a timely manner.

    Final decisions on the issuance of any EFPs, SRPs, Display Permits, 
Shark Research Fishery Permits, and Chartering Permits will depend on 
the submission of all required information about the proposed 
activities, NMFS' review of public comments received on this notice, an 
applicant's reporting history on past permits issued any prior 
violations of marine resource laws administered by NOAA, consistency 
with relevant NEPA 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 as assessed in the 1999 FMP, the 2006 
Consolidated HMS FMP and its amendments, 2012 Swordfish Specifications, 
and 2015 Bluefin Tuna Specifications.

    Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

    Dated: October 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-28051 Filed 11-3-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                             Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices                                            68297

                                                    Commerce collections currently under                    ADDRESSES:    Comments may be                         bona fide research vessels. However, if
                                                    review by OMB.                                          submitted by any of the following                     the vessels have been contracted only to
                                                      Written comments and                                  methods:                                              conduct research and not participate in
                                                    recommendations for the proposed                           • Email: nmfs.hms.efp2016@                         any commercial or recreational fishing
                                                    information collection should be sent                   noaa.gov. Include in the subject line the             activities during that research, NMFS
                                                    within 30 days of publication of this                   following identifier: 0648–XE257.                     may consider those vessels as bona fide
                                                    notice to OIRA_Submission@                                 • Mail: Craig Cockrell, Highly                     research platforms while conducting the
                                                    omb.eop.gov or fax to (202) 395–5806.                   Migratory Species Management Division                 specified research. For example, in the
                                                      Dated: October 30, 2015.
                                                                                                            (F/SF1), NMFS, 1315 East-West                         past, NMFS has determined that
                                                                                                            Highway, Silver Spring, MD 20910.                     commercial pelagic longline vessels
                                                    Glenna Mickelson,
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      assisting with population surveys for
                                                    Management Analyst, Office of the Chief                                                                       sharks may be considered ‘‘bona fide
                                                    Information Officer.                                    Craig Cockrell, phone: (301) 427–8503
                                                                                                            SUPPLEMENTARY INFORMATION: Issuance                   research vessels’’ while engaged only in
                                                    [FR Doc. 2015–28043 Filed 11–3–15; 8:45 am]                                                                   the specified research. NMFS requests
                                                                                                            of EFPs and related permits are
                                                    BILLING CODE 3510–JE–P
                                                                                                            necessary for the collection of HMS for               copies of scientific research plans for
                                                                                                            scientific research; the acquisition of               these activities and acknowledges the
                                                                                                            information and data; the enhancement                 activity by issuing an LOA to
                                                    DEPARTMENT OF COMMERCE                                                                                        researchers to indicate that the proposed
                                                                                                            of safety at sea; the purpose of collecting
                                                                                                            animals for public education or display;              activity meets the definition of research.
                                                    National Oceanic and Atmospheric
                                                                                                            and the investigation of bycatch,                     Examples of research conducted under
                                                    Administration
                                                                                                            economic discards and regulatory                      LOAs include tagging and releasing of
                                                                                                                                                                  sharks during bottom longline surveys
                                                    RIN 0648–XE257                                          discards. These permits exempt permit
                                                                                                                                                                  to understand the distribution and
                                                                                                            holders from regulations (e.g., fishing
                                                                                                                                                                  seasonal abundance of different shark
                                                    Atlantic Highly Migratory Species;                      seasons, prohibited species, authorized
                                                                                                                                                                  species, and collecting and sampling
                                                    Exempted Fishing, Scientific Research,                  gear, closed areas, and minimum sizes)
                                                                                                                                                                  sharks caught during trawl surveys for
                                                    Display, Shark Research Fishery, and                    that may otherwise prohibit the
                                                                                                                                                                  life history studies.
                                                    Chartering Permits; Letters of                          collection of HMS. Collection under                      Scientific research is not exempt from
                                                    Acknowledgment                                          EFPs, SRPs, LOAs, display, shark                      regulation under ATCA. NMFS issues
                                                                                                            research fishery, and chartering permits              SRPs which authorize researchers to
                                                    AGENCY:  National Marine Fisheries                      represents a small portion of the overall
                                                    Service (NMFS), National Oceanic and                                                                          collect HMS from bona fide research
                                                                                                            fishing mortality for HMS, and this                   vessels for collection of species
                                                    Atmospheric Administration (NOAA),                      mortality is counted against the quota of
                                                    Commerce.                                                                                                     managed under this statute (e.g., tunas,
                                                                                                            the species harvested, as appropriate                 swordfish, billfish, and some species of
                                                    ACTION: Notice of intent; request for                   and applicable. The terms and                         sharks). One example of research
                                                    comments.                                               conditions of individual permits are                  conducted under SRPs consists of
                                                                                                            unique; however, all permits will                     scientific surveys of HMS conducted
                                                    SUMMARY:    NMFS announces its intent to                include reporting requirements, limit
                                                    issue Exempted Fishing Permits (EFPs),                                                                        from NOAA research vessels. EFPs are
                                                                                                            the number and/or species of HMS                      issued to researchers collecting ATCA
                                                    Scientific Research Permits (SRPs),                     to be collected, and only authorize
                                                    Display Permits, Letters of                                                                                   and Magnuson-Stevens Act-managed
                                                                                                            collection in Federal waters of the                   species and conducting research from
                                                    Acknowledgment (LOAs), Shark                            Atlantic Ocean, Gulf of Mexico, and
                                                    Research Fishery Permits, and                                                                                 commercial or recreational fishing
                                                                                                            Caribbean Sea.                                        vessels. NMFS regulations concerning
                                                    Chartering Permits for Atlantic highly                     EFPs and related permits are issued                the implantation or attachment of
                                                    migratory species (HMS) in 2016.                        under the authority of the Magnuson-                  archival tags in Atlantic HMS require
                                                    Exempted fishing permits and related                    Stevens Fishery Conservation and                      scientists to report their activities
                                                    permits would authorize collection of a                 Management Reauthorization Act                        associated with these tags. Examples of
                                                    limited number of tunas, swordfish,                     (Magnuson-Stevens Act) (16 U.S.C. 1801                research conducted under EFPs include
                                                    billfishes, and sharks (collectively                    et seq.) and/or the Atlantic Tunas                    deploying pop-up satellite archival tags
                                                    known as HMS) from Federal waters in                    Convention Act (ATCA) (16 U.S.C. 971                  (PSAT) on billfish, sharks, and tunas to
                                                    the Atlantic Ocean, Caribbean Sea, and                  et seq.). Regulations at 50 CFR 600.745               determine migration patterns of these
                                                    Gulf of Mexico for the purposes of                      and 635.32 govern scientific research                 species; conducting billfish larval tows
                                                    scientific data collection, bycatch                     activity, exempted fishing, chartering                to determine billfish habitat use, life
                                                    research, and public display. Chartering                arrangements, and exempted public                     history, and population structure; and
                                                    permits allow the collection of HMS on                  display and educational activities with               determining catch rates and gear
                                                    the high seas or in the Exclusive                       respect to Atlantic HMS. Since the                    characteristics of the swordfish buoy
                                                    Economic Zone of other nations under                    Magnuson-Stevens Act does not define                  gear fishery.
                                                    certain conditions. Generally, EFPs and                 fishing to include scientific research,                  NMFS is also seeking public comment
                                                    related permits will be valid from the                  scientific research is exempt from this               on its intent to issue display permits for
                                                    date of issuance through December 31,                   statute, and NMFS does not issue EFPs                 the collection of sharks and other HMS
                                                    2016, unless otherwise specified,                       for bona fide research activities (e.g.,              for public display in 2016. Collection of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    subject to the terms and conditions of                  research conducted from a research                    sharks and other HMS sought for public
                                                    individual permits.                                     vessel and not a commercial or                        display in aquaria often involves
                                                    DATES: Written comments on these                        recreational fishing vessel) involving                collection when the commercial fishing
                                                    activities received in response to this                 species that are only regulated under the             seasons are closed, collection of
                                                    notice will be considered by NMFS                       Magnuson-Stevens Act (e.g., most                      otherwise prohibited species, and
                                                    when issuing EFPs and related permits                   species of sharks) and not under ATCA.                collection of fish below the regulatory
                                                    and must be received on or before                       NMFS generally does not consider                      minimum size. NMFS established a 60-
                                                    December 4, 2015.                                       recreational or commercial vessels to be              metric ton (mt) whole weight (ww)


                                               VerDate Sep<11>2014   17:00 Nov 03, 2015   Jkt 238001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\04NON1.SGM   04NON1


                                                    68298                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices

                                                    (approximately 3,000 sharks, although                   applications for research activities that             regulations can be found at 50 CFR
                                                    conversion factors, and thus final                      were not anticipated, or for research that            635.5(a)(4) and 635.32(e).
                                                    numbers, differ by species) quota for the               is outside the scope of general scientific               In addition, Amendment 2 to the 2006
                                                    public display and research of sharks                   sampling and tagging of Atlantic HMS,                 Consolidated HMS FMP implemented a
                                                    (combined) in the final Fishery                         or rarely, for research that is particularly          shark research fishery. This research
                                                    Management Plan for Atlantic Tunas,                     controversial. Should NMFS receive                    fishery is conducted under the auspices
                                                    Swordfish, and Sharks (1999 FMP). Out                   such applications, NMFS will provide                  of the exempted fishing permit program.
                                                    of this 60 mt ww quota, 1.4 mt ww is                    additional opportunity for public                     Research fishery permit holders assist
                                                    set aside to collect sandbar sharks under               comment.                                              NMFS in collecting valuable shark life
                                                    a display permit and 1.4 mt ww is set                      In 2016, NMFS expects to once again                history data and data for future shark
                                                    aside to collect sandbar sharks under                   receive an application for an EFP from                stock assessments. Since the shark
                                                    EFPs, created in 2008 under                             the owner of an Atlantic bluefin tuna                 research fishery was established in
                                                    Amendment 2 to the 2006 Consolidated                    purse seine vessel. A 2015 application                2008, the research fishery has allowed
                                                    HMS FMP. Public display of dusky                        requested an exemption from the annual                for: the collection of fishery dependent
                                                    sharks is prohibited; NMFS considers                    incidental purse seine retention limit on             data for current and future stock
                                                    collection of dusky sharks for research                 the harvest of large medium Atlantic                  assessments; the operation of
                                                    under an EFP and/or SRP on a case-by-                   bluefin tuna. On October 27, 2014,                    cooperative research to meet NMFS’
                                                    case basis. NMFS has also established                   NMFS published a notice of intent (79                 ongoing research objectives; the
                                                    separate large coastal and sandbar shark                FR 63896) requesting comments on the                  collection of updated life-history
                                                    quotas for the shark research fishery.                  application and the issuance of a                     information used in the sandbar shark
                                                    The environmental effects of these                      permit. NMFS did not receive any                      (and other species) stock assessment;
                                                    quotas have been analyzed in                            comments in response to the issuance of               the collection of data on habitat
                                                    conjunction with other sources of                       the 2015 EFP, and on June 5, 2015,                    preferences that might help reduce
                                                    mortality in the 2006 Consolidated HMS                  NMFS issued an EFP to the vessel                      fishery interactions through bycatch
                                                    FMP and its amendments, and NMFS                        owner. The 2015 EFP contained the                     mitigation; and the evaluation of the
                                                    has determined that harvesting this                     following terms and conditions: (1)                   utility of the mid-Atlantic closed area
                                                    amount for public display and scientific                Mandatory observer coverage on all                    on the recovery of dusky sharks and
                                                    research will not have a significant                    trips, (2) all dead bluefin tuna at haul              collection of hook-timer and pop-up
                                                    impact on shark stocks. The number of                   back must available to observers for                  satellite archival tag information to
                                                    sharks harvested for display and                        sampling, (3) sub-legal bluefin tuna that             determine at-vessel and post-release
                                                    research, other than the shark research                 are released alive and in good condition              mortality of dusky sharks. Fishermen
                                                    fishery, has remained under the annual                  will not be counted against the vessel’s              who wish to participate must fill out an
                                                    60-mt ww quota every year since                         quota, (4) any sub-legal bluefin tuna that            application for a shark research permit
                                                    establishment of the quota. In 2015,                    are dead at haulback may not be                       under the exempted fishing program.
                                                    permits issued by NMFS requested                        released by the vessel operator, and (5)              Shark research fishery participants are
                                                    approximately 26 percent of the 60 mt                   only the observer has discretion over                 subject to 100-percent observer coverage
                                                    ww quota for sharks. Amendment 3 to                     dead sub-legal fish that may be released              in addition to other terms and
                                                    the 2006 Consolidated HMS FMP                           without sampling. Compared to the                     conditions (which in the past have
                                                                                                            dead discards that occurred in 2013,                  included hook and soak time limitations
                                                    established a separate set-aside quota of
                                                                                                            while fishing under an EFP in 2014 and                and a requirement to land all dead
                                                    6 mt ww for smoothhound sharks (i.e.,
                                                                                                            2015, the overall reduction in dead                   sharks, unless the shark is a prohibited
                                                    smooth dogfish, Florida smoothhounds,
                                                                                                            discards was 69 and 64 percent,                       species). A Federal Register notice
                                                    and Gulf smoothhounds) taken for
                                                                                                            respectively. NMFS expects to receive a               describing the specific objectives for the
                                                    research purposes, which would be in
                                                                                                            similar request for an EFP in 2016 and                shark research fishery in 2016 and
                                                    addition to the overall 60-mt ww quota
                                                                                                            requests comments, via this notice, on                requesting applications from interested
                                                    for the public display and research of all
                                                                                                            the continuation of such an EFP with                  and eligible shark fishermen is
                                                    sharks. NMFS expects Amendment 9 to
                                                                                                            similar terms and conditions. If the                  expected to publish in the near future.
                                                    the 2006 Consolidated HMS FMP to be
                                                                                                            application from the purse seine vessel               NMFS requests public comment
                                                    finalized before the beginning of 2016,                 requests exemptions that are                          regarding NMFS’ intent to issue shark
                                                    which would establish an effective date                 significantly different than those                    research fishery permits in 2016 during
                                                    for the research set-aside for                          provided in the 2014 and 2015 permits,                the comment period of this notice.
                                                    smoothhound sharks. Once Amendment                      NMFS will provide additional                             The authorized number of species for
                                                    9 is finalized, NMFS expects to issue                   opportunity for public comment.                       2015, as well as the number of
                                                    EFPs and related permits for the public                    NMFS is also requesting comments on                specimens collected in 2014, is
                                                    display and research of smoothhound                     chartering permits considered for                     summarized in Table 1. The number of
                                                    sharks, as appropriate.                                 issuance in 2016 to U.S. vessels fishing              specimens collected in 2015 will be
                                                       The majority of EFPs and related                     for HMS while operating under                         available when all 2015 interim and
                                                    permits described in this annual notice                 chartering arrangements with foreign                  annual reports are submitted to NMFS.
                                                    relate to scientific sampling and tagging               countries. NMFS has not issued any                    In 2014, the number of specimens
                                                    of Atlantic HMS, within existing quotas,                chartering permits since 2004. A                      collected was less than the number of
                                                    the impacts of which have been                          chartering arrangement is a contract or               authorized specimens for all permit
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    previously analyzed in various                          agreement between a U.S. vessel owner                 types.
                                                    environmental assessments and                           and a foreign entity by which the                        In all cases, mortality associated with
                                                    environmental impact statements for                     control, use, or services of a vessel are             an EFP, SRP, Display Permit, or LOA
                                                    Atlantic HMS. NMFS intends to issue                     secured for a period of time for fishing              (except for larvae) is counted against the
                                                    these permits without additional                        for Atlantic HMS. Before fishing under                appropriate quota. NMFS issued a total
                                                    opportunity for public comment beyond                   a chartering arrangement, the owner of                of 37 EFPs, SRPs, Display Permits, and
                                                    what is provided in this notice.                        the U.S. fishing vessel must apply for a              LOAs in 2014 for the collection of HMS
                                                    Occasionally, NMFS receives                             chartering permit. The vessel chartering              and a total of 5 shark research fishery


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                                                                                   Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Notices                                                                                    68299

                                                    permits. As of October 29, 2015, NMFS                         Display Permits, and LOAs and a total
                                                    has issued a total of 35 EFPs, SRPs,                          of 7 shark research fishery permits.

                                                     TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2014 AND 2015, OTHER THAN SHARK RESEARCH
                                                                                             FISHERY PERMITS
                                                                                                [‘‘HMS’’ refers to multiple species being collected under a given permit type]

                                                                                                                                 2014                                                                                    2015

                                                                                                                                                 Fish kept/
                                                              Permit type                                    Authorized       Authorized                                                                              Authorized             Authorized
                                                                                              Permits                                            discarded             Larvae kept               Permits
                                                                                                                fish            larvae                                                                                   fish                  larvae
                                                                                              issued                                                dead                 (Num)                   issued
                                                                                                               (Num)            (Num)                                                                                   (Num)                  (Num)
                                                                                                                                                   (Num)

                                                    EFP:
                                                        HMS ..........................                   3           188                 0                      57                       0                      4                  207                        0
                                                        Shark .........................                 10         3,145                 0                    168                        0                    11                1,192                         0
                                                        Tuna ..........................                  3         1,677                 0                        0                      0                      3                  928                        0
                                                        Billfish ........................                0            35             1,000      ....................   ....................   ....................   ....................   ....................
                                                    SRP:
                                                        HMS ..........................                  3            941                 0                      9                       0                      1                  480                        0
                                                        Shark .........................                 2          2,008                 0                    166                       0                      4                  875                        0
                                                        Tuna ..........................                 2             80             2,000                      0                       0                      1                   60                        0
                                                    Display:
                                                        HMS ..........................                  3                94               0                     5                       0                       1                   67                       0
                                                        Shark .........................                 3               121               0                    29                       0                       3                  114                       0

                                                           Total ...................                    29         8,289             3,000                    434                       0                     28                3,923                        0
                                                    LOA:*
                                                       Shark .........................                  8          2,770                  0               1,633                         0                      8               2,205                         0
                                                      * LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections
                                                    made under an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. Permittees are encouraged to re-
                                                    port all fishing activities in a timely manner.


                                                       Final decisions on the issuance of any                     DEPARTMENT OF DEFENSE                                                which result in a contrary
                                                    EFPs, SRPs, Display Permits, Shark                                                                                                 determination.
                                                    Research Fishery Permits, and                                 Office of the Secretary
                                                                                                                                                                                       ADDRESSES:   You may submit comments,
                                                    Chartering Permits will depend on the                         [Docket ID: DoD–2015–OS–0117]                                        identified by docket number and title,
                                                    submission of all required information                                                                                             by any of the following methods:
                                                    about the proposed activities, NMFS’                          Privacy Act of 1974; System of                                         * Federal Rulemaking Portal: http://
                                                    review of public comments received on                         Records                                                              www.regulations.gov. Follow the
                                                    this notice, an applicant’s reporting                         AGENCY:  Office of the Secretary of                                  instructions for submitting comments.
                                                    history on past permits issued any prior                      Defense, DoD.                                                          * Mail: Department of Defense, Office
                                                    violations of marine resource laws                            ACTION: Notice to alter a System of                                  of the Deputy Chief Management
                                                    administered by NOAA, consistency                             Records.                                                             Officer, Directorate of Oversight and
                                                    with relevant NEPA documents, and                                                                                                  Compliance, Regulatory and Audit
                                                    any consultations with appropriate                            SUMMARY:    The Office of the Secretary of                           Matters Office, 9010 Defense Pentagon,
                                                    Regional Fishery Management Councils,                         Defense proposes to alter a system of                                Washington, DC 20301–9010.
                                                    states, or Federal agencies. NMFS does                        records, DWHS P45, entitled ‘‘OSD/Joint                                Instructions: All submissions received
                                                    not anticipate any significant                                Staff Voluntary Leave Transfer Program                               must include the agency name and
                                                    environmental impacts from the                                Records’’ to manage the OSD/Joint Staff                              docket number for this Federal Register
                                                    issuance of these EFPs as assessed in the                     Voluntary Leave Transfer (VLTP)                                      document. The general policy for
                                                    1999 FMP, the 2006 Consolidated HMS                           program.                                                             comments and other submissions from
                                                                                                                     Employees experiencing a personal or                              members of the public is to make these
                                                    FMP and its amendments, 2012                                  family medical emergency, who have
                                                    Swordfish Specifications, and 2015                                                                                                 submissions available for public
                                                                                                                  exhausted their own leave, may apply to                              viewing on the Internet at http://
                                                    Bluefin Tuna Specifications.                                  be a recipient of annual leave donated                               www.regulations.gov as they are
                                                      Authority: 16 U.S.C. 971 et seq. and 16                     by other Federal employees, or from                                  received without change, including any
                                                    U.S.C. 1801 et seq.                                           leave donors in other Federal agencies                               personal identifiers or contact
                                                      Dated: October 29, 2015.
                                                                                                                  eligible to participate in the program.                              information.
                                                                                                                     Employees may donate annual leave
                                                    Emily H. Menashes,                                            to an approved leave recipient in their                              FOR FURTHER INFORMATION CONTACT:     Ms.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Acting Director, Office of Sustainable                        own agency or in another Federal                                     Cindy Allard, Chief, OSD/JS Privacy
                                                    Fisheries, National Marine Fisheries Service.                 agency covered by the provisions of the                              Office, Freedom of Information
                                                    [FR Doc. 2015–28051 Filed 11–3–15; 8:45 am]                   program.                                                             Directorate, Washington Headquarters
                                                    BILLING CODE 3510–22–P                                        DATES: Comments will be accepted on or                               Service, 1155 Defense Pentagon,
                                                                                                                  before December 4, 2015. This proposed                               Washington, DC 20301–1155, or by
                                                                                                                  action will be effective the day                                     phone at (571) 372–0461.
                                                                                                                  following the end of the comment                                     SUPPLEMENTARY INFORMATION: The Office
                                                                                                                  period unless comments are received                                  of the Secretary of Defense notices for


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Document Created: 2018-03-01 11:27:53
Document Modified: 2018-03-01 11:27:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent; request for comments.
DatesWritten comments on these activities received in response to this notice will be considered by NMFS when issuing EFPs and related permits and must be received on or before December 4, 2015.
ContactCraig Cockrell, phone: (301) 427-8503
FR Citation80 FR 68297 
RIN Number0648-XE25

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