82_FR_49802 82 FR 49596 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery; Letters of Acknowledgment

82 FR 49596 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery; Letters of Acknowledgment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 206 (October 26, 2017)

Page Range49596-49598
FR Document2017-23312

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 2018. EFPs 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, public display, and to evaluate the efficacy of environmental clean-up efforts, among other things. Letters of acknowledgement 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, 2018, unless otherwise specified, subject to the terms and conditions of individual permits.

Federal Register, Volume 82 Issue 206 (Thursday, October 26, 2017)
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49596-49598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23312]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF750


Atlantic Highly Migratory Species; Exempted Fishing, Scientific 
Research, Display, and Shark Research Fishery; Letters of 
Acknowledgment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces its intent to issue exempted fishing permits 
(EFPs), scientific research permits (SRPs), display permits, letters of 
acknowledgment (LOAs), and shark research fishery permits for Atlantic 
highly migratory species (HMS) in 2018. EFPs 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, public 
display, and to evaluate the efficacy of environmental clean-up 
efforts, among other things. Letters of acknowledgement 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, 2018, 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 November 27, 2017.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject 
line the following identifier: 0648-XF750
     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 because HMS regulations (e.g., fishing seasons, prohibited 
species, authorized gear, closed areas, and 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 activity. Pursuant to 50 CFR 600 and 
635, a 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 (e.g., 
fishing seasons, prohibited species, authorized gear, closed areas, and 
minimum sizes) that may otherwise prohibit the collection of HMS for 
public education, public display, or scientific research. Permit 
holders are not exempted from the regulations in entirety. Collection 
of HMS under EFPs, SRPs, LOAs, display, and shark research fishery 
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, and exempted public display and educational activities with 
respect to Atlantic HMS. Before issuing LOAs, EFPs, or SRPs, NMFS 
requests, among other things, copies of scientific research plans. 
Because the Magnuson-Stevens Act states that scientific research 
activity which is conducted on a scientific research vessel is not 
fishing, NMFS issues LOAs and not EFPs for bona fide research 
activities (e.g., scientific research being 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

[[Page 49597]]

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 
acknowledges that the proposed activity meets the definition of 
scientific research under the Magnuson-Stevens Act and not ATCA by 
issuing an LOA to researchers. 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 and bycatch studies.
    While scientific research is exempt under MSA, 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 (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 while conducting research from commercial or 
recreational fishing vessels. Examples of research conducted under EFPs 
include collection of young-of-the-year bluefin tuna for genetic 
research; conducting billfish larval tows from private vessels to 
determine billfish habitat use, life history, and population structure; 
determining catch rates and gear characteristics of the swordfish buoy 
gear fishery and the green-stick tuna fishery; and tagging sharks 
caught on commercial or recreational fishing gear to determining post-
release mortality rates.
    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 2017. 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 (e.g., 
sand tiger sharks), and collection of fish below the regulatory minimum 
size. Under Amendment 2 to the 2006 Consolidated Atlantic HMS Fishery 
Management Plan, NMFS determined 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 Atlantic HMS within 
existing quotas and the impacts of the activities 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, consistent with the 
regulations at 50 CFR part 600.745.
    During the comment period for the November 2016 notice of intent to 
issue EFPs (81 FR 80646), NMFS received numerous comments regarding 
previous years' white shark research in Federal waters, focusing 
primarily on concerns about the need for coordination among researchers 
regarding the potential effects of one project on another. The volume 
of these comments indicated that any EFPs or SRP applications involving 
white sharks in 2017 should be considered ``controversial'' and 
warranted additional opportunity for public comment. Subsequently, NMFS 
published a notice in the Federal Register (March 1, 2017, 82 FR 12340) 
requesting public comment on applications for exempted fishing permits 
and related permits for white shark research, particularly on two 
applications involving white shark research that had been received at 
that time.
    During the comment period, NMFS received 722 comments related to 
white shark research and the applications described in the notice. The 
majority of the comments were in support of continuing white shark 
research. Other comments that were received commented on a range of 
issues related to white shark research including concern regarding the 
proper handling of white sharks and the type of gear being used for 
research and concern regarding tagging operations on charter and 
private vessels due to long fight times on light tackle rods and reels. 
Some of the comments also stated that NMFS should approve EFP 
applications for white shark research on a case-by-case basis or that 
NMFS should stop issuing EFPs or related permits for research on 
sharks. After reviewing these comments, NMFS decided to issue EFPs and 
related permits for white shark research as appropriate in 2017. During 
2018, NMFS anticipates permits for white shark research would be 
undertaken with substantially the same terms and conditions and scope 
as last year, with no additional anticipated effects. Comments are 
invited specifically on these issues related to issuance of white shark 
permits this year.
    In addition, Amendment 2 to the 2006 Consolidated HMS Fishery 
Management Plan (FMP) implemented a shark research fishery. This 
research fishery is conducted under the auspices of the exempted 
fishing permit 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; and the 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. All non-prohibited shark 
species brought back to the vessel dead must be retained and will count 
against the appropriate quotas of the shark research fishery 
participant. During the 2017 shark research fishery, all participants 
were limited to a very small number of dusky shark mortalities on a 
regional basis. Once the number of mortalities occurs in a specific 
region all shark research fishery activities must stop within that 
region. Also, participants are limited to two sets per trip with, one 
set limited to 150 hooks and the second set limited to 300 hooks.

[[Page 49598]]

All participants are also limited to a maximum of 500 hooks onboard the 
vessel with on a shark research fishery trip. A Federal Register notice 
describing the specific objectives for the shark research fishery in 
2018 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 2018 during the comment period of this notice.
    The authorized number of species for 2017, as well as the number of 
specimens collected in 2016, is summarized in Table 1. The number of 
specimens collected in 2017 will be available when all 2017 interim and 
annual reports are submitted to NMFS. In 2016, the number of specimens 
collected was less than the number of authorized specimens for all 
permit types, other than SRPs issued for shark research.
    In all cases, mortality associated with an EFPs, SRPs, or display 
permits (except for larvae) is counted against the appropriate quota. 
NMFS issued a total of 39 EFPs, SRPs, display permits, and LOAs in 2016 
for the collection of HMS and a total of 5 shark research fishery 
permits. As of October 3, 2017, NMFS has issued a total of 33 EFPs, 
SRPs, display permits, and LOAs and a total of 5 shark research fishery 
permits.

                   Table 1--Summary of HMS Exempted Fishing Permits Issued in 2016 and 2017, Other Than Shark Research Fishery Permits
                                     [``HMS'' refers to multiple species being collected under a given permit type.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               2016                                                    2017
                                         ---------------------------------------------------------------------------------------------------------------
               Permit type                                                                  Fish kept/
                                              Permits       Authorized      Authorized    discarded dead    Larvae kept       Permits       Authorized
                                             issued**       fish  (num)    larvae  (num)       (num)           (num)         issued**      fish  (Num)**
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP
    HMS.................................               4             247               0              17               0               4             357
    Shark...............................              12             721               0              85               0               4              57
    Tuna................................               4             530               0               0               0               2             350
SRP
    HMS.................................               1              42               0               0               0               3             260
    Shark...............................               5           1,165               0             310               0               1             720
    Tuna................................               1              60               0               0               0               0               0
Display
    HMS.................................               0               0               0               0               0               2              88
    Shark...............................               3             109               0              26               0               5             109
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................              30           2,874               0  ..............               0              21           1,941
LOA*
    Shark...............................               9           2,906               0             618               0              12           2,275
--------------------------------------------------------------------------------------------------------------------------------------------------------
*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.
**Atlantic HMS larvae were authorized for collection but no limit on the number of larvae were set.

    Final decisions on the issuance of any EFPs, SRPs, display permits, 
and shark research fishery permits will depend on the submission of all 
required information about the proposed activities, NMFS' review of 
public comments received on this notice, 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 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, the Environmental Assessment 
for the 2012 Swordfish Specifications, and the Environmental Assessment 
for the 2015 Final Bluefin Tuna Quota and Atlantic Tuna Fisheries 
Management Measures.

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

    Dated: October 23, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-23312 Filed 10-25-17; 8:45 am]
 BILLING CODE 3510-22-P



                                               49596                       Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices

                                               exceptional circumstances exist. It is                  DEPARTMENT OF COMMERCE                                minimum sizes) may otherwise prohibit
                                               imperative that the Judges Panel will                                                                         the collection of live animals and/or
                                               meet on Sunday, November 5, 2017                        National Oceanic and Atmospheric                      biological samples for data collection
                                               through Thursday, November 9, 2017,                     Administration                                        and public display purposes or may
                                               from 8:30 a.m. until 5:30 p.m. Eastern                  RIN 0648–XF750                                        otherwise prohibit certain fishing
                                               Time each day to accommodate the                                                                              activity. Pursuant to 50 CFR 600 and
                                               scheduling priorities of the key                        Atlantic Highly Migratory Species;                    635, a NMFS Regional Administrator or
                                               participants, who must maintain a strict                Exempted Fishing, Scientific Research,                Director may authorize, for limited
                                               schedule to review recommendations                      Display, and Shark Research Fishery;                  testing, public display, data collection,
                                               from site visits, and recommend 2017                    Letters of Acknowledgment                             exploratory fishing, compensation
                                               Malcolm Baldrige National Quality                                                                             fishing, conservation engineering,
                                               Award recipients. The Judges Panel is                   AGENCY:  National Marine Fisheries                    health and safety surveys,
                                               composed of twelve members,                             Service (NMFS), National Oceanic and                  environmental cleanup, and/or hazard
                                               appointed by the Secretary of                           Atmospheric Administration (NOAA),                    removal purposes, the target or
                                               Commerce, with balanced                                 Commerce.                                             incidental harvest of species managed
                                               representation from U.S. service,                       ACTION: Notice of intent; request for                 under an FMP or fishery regulations that
                                               manufacturing, nonprofit, education,                    comments.                                             would otherwise be prohibited. These
                                               and health care industries. Members are                                                                       permits exempt permit holders from the
                                               selected for their familiarity with                     SUMMARY:    NMFS announces its intent to              specific portions of the regulations (e.g.,
                                               quality improvement operations and                      issue exempted fishing permits (EFPs),                fishing seasons, prohibited species,
                                               competitiveness issues of manufacturing                 scientific research permits (SRPs),                   authorized gear, closed areas, and
                                               companies, service companies, small                     display permits, letters of                           minimum sizes) that may otherwise
                                               businesses, health care providers, and                  acknowledgment (LOAs), and shark                      prohibit the collection of HMS for
                                               educational institutions. Members are                   research fishery permits for Atlantic                 public education, public display, or
                                               also chosen who have broad experience                   highly migratory species (HMS) in 2018.               scientific research. Permit holders are
                                               in for-profit and nonprofit areas. The                  EFPs and related permits would                        not exempted from the regulations in
                                               purpose of this meeting is to review                    authorize collection of a limited number              entirety. Collection of HMS under EFPs,
                                               recommendations from site visits and                    of tunas, swordfish, billfishes, and                  SRPs, LOAs, display, and shark research
                                               recommend 2017 Malcolm Baldrige                         sharks (collectively known as HMS)                    fishery permits represents a small
                                               National Quality Award (Award)                          from Federal waters in the Atlantic                   portion of the overall fishing mortality
                                               recipients. The meeting is closed to the                Ocean, Caribbean Sea, and Gulf of                     for HMS, and this mortality is counted
                                               public in order to protect the                          Mexico for the purposes of scientific                 against the quota of the species
                                               proprietary data to be examined and                     data collection, bycatch research, public             harvested, as appropriate and
                                               discussed at the meeting.                               display, and to evaluate the efficacy of              applicable. The terms and conditions of
                                                                                                       environmental clean-up efforts, among                 individual permits are unique; however,
                                                  The Chief Financial Officer and                      other things. Letters of
                                               Assistant Secretary for Administration,                                                                       all permits will include reporting
                                                                                                       acknowledgement acknowledge that                      requirements, limit the number and/or
                                               with the concurrence of the Assistant                   scientific research activity aboard a
                                               General Counsel for Administration and                                                                        species of HMS to be collected, and only
                                                                                                       scientific research vessel is being                   authorize collection in Federal waters of
                                               Transactions, formally determined on                    conducted. Generally, EFPs and related
                                               March 21, 2017, pursuant to Section                                                                           the Atlantic Ocean, Gulf of Mexico, and
                                                                                                       permits would be valid from the date of               Caribbean Sea.
                                               10(d) of the Federal Advisory                           issuance through December 31, 2018,
                                               Committee Act, in accordance with                       unless otherwise specified, subject to                   EFPs and related permits are issued
                                               Section 5(c) of the Government in                       the terms and conditions of individual                under the authority of the Magnuson-
                                               Sunshine Act, Public Law 94–409, that                   permits.                                              Stevens Fishery Conservation and
                                               the meeting of the Judges Panel may be                                                                        Management Reauthorization Act
                                                                                                       DATES: Written comments on these
                                               closed to the public in accordance with                                                                       (Magnuson-Stevens Act) (16 U.S.C. 1801
                                                                                                       activities received in response to this               et seq.) and/or the Atlantic Tunas
                                               5 U.S.C. 552b(c)(4), because the meeting                notice will be considered by NMFS
                                               is likely to disclose trade secrets and                                                                       Convention Act (ATCA) (16 U.S.C. 971
                                                                                                       when issuing EFPs and related permits                 et seq.). Regulations at 50 CFR 600.745
                                               commercial or financial information                     and must be received on or before
                                               obtained from a person which is                                                                               and 635.32 govern scientific research
                                                                                                       November 27, 2017.                                    activity, exempted fishing, and
                                               privileged or confidential; and 5 U.S.C.
                                                                                                       ADDRESSES: Comments may be                            exempted public display and
                                               552b(c)(9)(B) because the meeting is
                                               likely to disclose information the                      submitted by any of the following                     educational activities with respect to
                                               premature disclosure of which would,                    methods:                                              Atlantic HMS. Before issuing LOAs,
                                               in the case of any agency, be likely to                    • Email: nmfs.hms.efp2018@                         EFPs, or SRPs, NMFS requests, among
                                               significantly frustrate implementation of               noaa.gov. Include in the subject line the             other things, copies of scientific
                                               a proposed agency action. The meeting,                  following identifier: 0648–XF750                      research plans. Because the Magnuson-
                                                                                                          • Mail: Craig Cockrell, Highly                     Stevens Act states that scientific
                                               which involves examination of current
                                                                                                       Migratory Species Management Division                 research activity which is conducted on
                                               Award applicant data from U.S.
                                                                                                       (F/SF1), NMFS, 1315 East-West                         a scientific research vessel is not
                                               organizations and a discussion of these
                                                                                                       Highway, Silver Spring, MD 20910.                     fishing, NMFS issues LOAs and not
                                               data as compared to the Award criteria
ethrower on DSK3G9T082PROD with NOTICES




                                               in order to recommend Award                             FOR FURTHER INFORMATION CONTACT:                      EFPs for bona fide research activities
                                               recipients, will be closed to the public.               Craig Cockrell, phone: (301) 427–8503                 (e.g., scientific research being conducted
                                                                                                       SUPPLEMENTARY INFORMATION: Issuance                   from a research vessel and not a
                                               Kevin Kimball,                                          of EFPs and related permits are                       commercial or recreational fishing
                                               NIST Chief of Staff.                                    necessary because HMS regulations                     vessel) involving species that are only
                                               [FR Doc. 2017–23273 Filed 10–25–17; 8:45 am]            (e.g., fishing seasons, prohibited species,           regulated under the Magnuson-Stevens
                                               BILLING CODE 3510–13–P                                  authorized gear, closed areas, and                    Act (e.g., most species of sharks) and not


                                          VerDate Sep<11>2014   17:29 Oct 25, 2017   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1


                                                                           Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices                                           49597

                                               under ATCA. NMFS generally does not                     tiger sharks), and collection of fish                 Some of the comments also stated that
                                               consider recreational or commercial                     below the regulatory minimum size.                    NMFS should approve EFP applications
                                               vessels to be bona fide research vessels.               Under Amendment 2 to the 2006                         for white shark research on a case-by-
                                               However, if the vessels have been                       Consolidated Atlantic HMS Fishery                     case basis or that NMFS should stop
                                               contracted only to conduct research and                 Management Plan, NMFS determined                      issuing EFPs or related permits for
                                               not participate in any commercial or                    that dusky sharks cannot be collected                 research on sharks. After reviewing
                                               recreational fishing activities during                  for public display.                                   these comments, NMFS decided to issue
                                               that research, NMFS may consider those                     The majority of EFPs and related                   EFPs and related permits for white
                                               vessels as bona fide research platforms                 permits described in this annual notice               shark research as appropriate in 2017.
                                               while conducting the specified research.                relate to scientific sampling and tagging             During 2018, NMFS anticipates permits
                                               For example, in the past, NMFS has                      of Atlantic HMS within existing quotas                for white shark research would be
                                               determined that commercial pelagic                      and the impacts of the activities have                undertaken with substantially the same
                                               longline vessels assisting with                         been previously analyzed in various                   terms and conditions and scope as last
                                               population surveys for sharks may be                    environmental assessments and                         year, with no additional anticipated
                                               considered ‘‘bona fide research vessels’’               environmental impact statements for                   effects. Comments are invited
                                               while engaged only in the specified                     Atlantic HMS. NMFS intends to issue                   specifically on these issues related to
                                               research. NMFS acknowledges that the                    these permits without additional                      issuance of white shark permits this
                                               proposed activity meets the definition of               opportunity for public comment beyond                 year.
                                               scientific research under the Magnuson-                 what is provided in this notice.                         In addition, Amendment 2 to the 2006
                                               Stevens Act and not ATCA by issuing                     Occasionally, NMFS receives
                                                                                                                                                             Consolidated HMS Fishery Management
                                               an LOA to researchers. Examples of                      applications for research activities that
                                                                                                                                                             Plan (FMP) implemented a shark
                                               research conducted under LOAs include                   were not anticipated, or for research that
                                                                                                                                                             research fishery. This research fishery is
                                               tagging and releasing of sharks during                  is outside the scope of general scientific
                                                                                                                                                             conducted under the auspices of the
                                               bottom longline surveys to understand                   sampling and tagging of Atlantic HMS,
                                                                                                                                                             exempted fishing permit program. Shark
                                               the distribution and seasonal abundance                 or rarely, for research that is particularly
                                                                                                                                                             research fishery permit holders assist
                                               of different shark species, and collecting              controversial. Should NMFS receive
                                                                                                                                                             NMFS in collecting valuable shark life
                                               and sampling sharks caught during                       such applications, NMFS will provide
                                                                                                                                                             history and other scientific data
                                               trawl surveys for life history and                      additional opportunity for public
                                                                                                                                                             required in shark stock assessments.
                                               bycatch studies.                                        comment, consistent with the
                                                  While scientific research is exempt                  regulations at 50 CFR part 600.745.                   Since the shark research fishery was
                                               under MSA, scientific research is not                      During the comment period for the                  established in 2008, the research fishery
                                               exempt from regulation under ATCA.                      November 2016 notice of intent to issue               has allowed for: The collection of
                                               Therefore, NMFS issues SRPs that                        EFPs (81 FR 80646), NMFS received                     fishery dependent data for current and
                                               authorize researchers to collect HMS                    numerous comments regarding previous                  future stock assessments; the operation
                                               from bona fide research vessels for                     years’ white shark research in Federal                of cooperative research to meet NMFS’
                                               collection of species managed under                     waters, focusing primarily on concerns                ongoing research objectives; the
                                               this statute (e.g., tunas, swordfish,                   about the need for coordination among                 collection of updated life-history
                                               billfish, and some species of sharks).                  researchers regarding the potential                   information used in the sandbar shark
                                               One example of research conducted                       effects of one project on another. The                (and other species) stock assessment;
                                               under SRPs consists of scientific                       volume of these comments indicated                    the collection of data on habitat
                                               surveys of HMS conducted from NOAA                      that any EFPs or SRP applications                     preferences that might help reduce
                                               research vessels.                                       involving white sharks in 2017 should                 fishery interactions through bycatch
                                                  EFPs are issued to researchers                       be considered ‘‘controversial’’ and                   mitigation; the evaluation of the utility
                                               collecting ATCA and Magnuson-Stevens                    warranted additional opportunity for                  of the mid-Atlantic closed area on the
                                               Act-managed species while conducting                    public comment. Subsequently, NMFS                    recovery of dusky sharks; and the
                                               research from commercial or                             published a notice in the Federal                     collection of hook-timer and pop-up
                                               recreational fishing vessels. Examples of               Register (March 1, 2017, 82 FR 12340)                 satellite archival tag information to
                                               research conducted under EFPs include                   requesting public comment on                          determine at-vessel and post-release
                                               collection of young-of-the-year bluefin                 applications for exempted fishing                     mortality of dusky sharks. Fishermen
                                               tuna for genetic research; conducting                   permits and related permits for white                 who wish to participate must fill out an
                                               billfish larval tows from private vessels               shark research, particularly on two                   application for a shark research permit
                                               to determine billfish habitat use, life                 applications involving white shark                    under the exempted fishing program.
                                               history, and population structure;                      research that had been received at that               Shark research fishery participants are
                                               determining catch rates and gear                        time.                                                 subject to 100-percent observer
                                               characteristics of the swordfish buoy                      During the comment period, NMFS                    coverage. All non-prohibited shark
                                               gear fishery and the green-stick tuna                   received 722 comments related to white                species brought back to the vessel dead
                                               fishery; and tagging sharks caught on                   shark research and the applications                   must be retained and will count against
                                               commercial or recreational fishing gear                 described in the notice. The majority of              the appropriate quotas of the shark
                                               to determining post-release mortality                   the comments were in support of                       research fishery participant. During the
                                               rates.                                                  continuing white shark research. Other                2017 shark research fishery, all
                                                  NMFS is also seeking public comment                  comments that were received                           participants were limited to a very small
                                               on its intent to issue display permits for              commented on a range of issues related                number of dusky shark mortalities on a
ethrower on DSK3G9T082PROD with NOTICES




                                               the collection of sharks and other HMS                  to white shark research including                     regional basis. Once the number of
                                               for public display in 2017. Collection of               concern regarding the proper handling                 mortalities occurs in a specific region all
                                               sharks and other HMS sought for public                  of white sharks and the type of gear                  shark research fishery activities must
                                               display in aquaria often involves                       being used for research and concern                   stop within that region. Also,
                                               collection when the commercial fishing                  regarding tagging operations on charter               participants are limited to two sets per
                                               seasons are closed, collection of                       and private vessels due to long fight                 trip with, one set limited to 150 hooks
                                               otherwise prohibited species (e.g., sand                times on light tackle rods and reels.                 and the second set limited to 300 hooks.


                                          VerDate Sep<11>2014   17:29 Oct 25, 2017   Jkt 244001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1


                                               49598                             Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices

                                               All participants are also limited to a                      The authorized number of species for                  In all cases, mortality associated with
                                               maximum of 500 hooks onboard the                          2017, as well as the number of                        an EFPs, SRPs, or display permits
                                               vessel with on a shark research fishery                   specimens collected in 2016, is                       (except for larvae) is counted against the
                                               trip. A Federal Register notice                           summarized in Table 1. The number of                  appropriate quota. NMFS issued a total
                                               describing the specific objectives for the                specimens collected in 2017 will be                   of 39 EFPs, SRPs, display permits, and
                                               shark research fishery in 2018 and                        available when all 2017 interim and                   LOAs in 2016 for the collection of HMS
                                               requesting applications from interested                   annual reports are submitted to NMFS.                 and a total of 5 shark research fishery
                                               and eligible shark fishermen is expected                  In 2016, the number of specimens                      permits. As of October 3, 2017, NMFS
                                               to publish in the near future. NMFS                       collected was less than the number of                 has issued a total of 33 EFPs, SRPs,
                                               requests public comment regarding                         authorized specimens for all permit                   display permits, and LOAs and a total
                                               NMFS’ intent to issue shark research                      types, other than SRPs issued for shark               of 5 shark research fishery permits.
                                               fishery permits in 2018 during the
                                                                                                         research.
                                               comment period of this notice.

                                                TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2016 AND 2017, OTHER THAN SHARK RESEARCH
                                                                                        FISHERY PERMITS
                                                                                        [‘‘HMS’’ refers to multiple species being collected under a given permit type.]

                                                                                                                             2016                                                           2017

                                                       Permit type                                                         Authorized       Fish kept/dis-
                                                                                     Permits        Authorized fish                                           Larvae kept         Permits        Authorized fish
                                                                                                                             larvae         carded dead
                                                                                    issued**            (num)                                                    (num)           issued**           (Num)**
                                                                                                                             (num)              (num)

                                               EFP
                                                   HMS ......................                   4               247                     0               17                  0                4              357
                                                   Shark .....................                 12               721                     0               85                  0                4               57
                                                   Tuna ......................                  4               530                     0                0                  0                2              350
                                               SRP
                                                   HMS ......................                  1                  42                    0                0                  0                3              260
                                                   Shark .....................                 5               1,165                    0              310                  0                1              720
                                                   Tuna ......................                 1                  60                    0                0                  0                0                0
                                               Display
                                                   HMS ......................                  0                  0                     0                0                  0                2               88
                                                   Shark .....................                 3                109                     0               26                  0                5              109

                                                      Total ...............                    30              2,874                    0                                   0               21            1,941
                                               LOA*
                                                  Shark .....................                  9               2,906                    0              618                  0               12            2,275
                                                 *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.
                                                 **Atlantic HMS larvae were authorized for collection but no limit on the number of larvae were set.


                                                  Final decisions on the issuance of any                   Authority: 16 U.S.C. 971 et seq. and 16             DATES: These appointments are effective
                                               EFPs, SRPs, display permits, and shark                    U.S.C. 1801 et seq.                                   as of November 13, 2017.
                                               research fishery permits will depend on                     Dated: October 23, 2017.                            SUPPLEMENTARY INFORMATION:      Pursuant
                                               the submission of all required                            Emily H. Menashes,                                    to 5 U.S.C. 4314(c) (1–5), the
                                               information about the proposed                            Acting Director, Office of Sustainable                Department of the Air Force (AF)
                                               activities, NMFS’ review of public                        Fisheries, National Marine Fisheries Service.         announces the appointment of members
                                               comments received on this notice, an                      [FR Doc. 2017–23312 Filed 10–25–17; 8:45 am]          to the AF’s Senior Executive Service
                                               applicant’s reporting history on past                     BILLING CODE 3510–22–P                                (SES) Performance Review Board (PRB).
                                               permits, if vessels or applicants were                                                                          Appointments are made by the
                                               issued any prior violations of marine                                                                           authorizing official. Each board member
                                               resource laws administered by NOAA,                                                                             shall review and evaluate performance
                                               consistency with relevant NEPA                            DEPARTMENT OF DEFENSE                                 scores provided by the SES’ immediate
                                               documents, and any consultations with                     Department of the Air Force                           supervisor. Performance standards must
                                               appropriate Regional Fishery                                                                                    be applied consistently across the AF.
                                               Management Councils, states, or Federal                   Names of Members of the Performance                   The board will make final
                                               agencies. NMFS does not anticipate any                    Review Board for the Department of                    recommendations to the authorizing
                                               significant environmental impacts from                    the Air Force                                         official relative to the performance of
                                               the issuance of these EFPs as assessed                                                                          the executive.
                                                                                                         AGENCY:       Department of the Air Force,              The members of the 2017 Performance
ethrower on DSK3G9T082PROD with NOTICES




                                               in the 1999 FMP, the 2006 Consolidated
                                                                                                         DOD.                                                  Review Board for the Air Force are:
                                               HMS FMP and its amendments, the
                                               Environmental Assessment for the 2012                     ACTION:   Notice.
                                                                                                                                                               1. Board President—Gen Ellen M.
                                               Swordfish Specifications, and the                         SUMMARY:   Notice is given of the names                   Pawlikowski, Commander, Air
                                               Environmental Assessment for the 2015                     of members of the 2017 Performance                        Force Material Command
                                               Final Bluefin Tuna Quota and Atlantic                     Review Board for the Department of the                2. Honorable Matthew P. Donovan,
                                               Tuna Fisheries Management Measures.                       Air Force.                                                Under Secretary of the Air Force


                                          VerDate Sep<11>2014     17:29 Oct 25, 2017   Jkt 244001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1



Document Created: 2018-10-25 10:12:25
Document Modified: 2018-10-25 10:12:25
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 November 27, 2017.
ContactCraig Cockrell, phone: (301) 427-8503
FR Citation82 FR 49596 
RIN Number0648-XF75

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR