83_FR_54935 83 FR 54724 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment

83 FR 54724 - Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54724-54726
FR Document2018-23791

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 2019. EFPs and related permits would authorize collection of a limited number of HMS, including tunas, swordfish, billfishes, and sharks, from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific research, data collection, the investigation of bycatch, and public display, among other things. LOAs acknowledge that scientific research activity aboard a scientific research vessel is being conducted. Generally, EFPs and related permits would be valid from the date of issuance through December 31, 2019, unless otherwise specified, subject to the terms and conditions of individual permits. This notice also schedules a public webinar/conference call for applicants, during which NMFS will provide a general overview of the EFP program and hold a question and answer session.

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54724-54726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23791]



[[Page 54724]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG583


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

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

ACTION: Notice of intent; request for comments; public webinar.

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

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 2019. EFPs and related permits would 
authorize collection of a limited number of HMS, including tunas, 
swordfish, billfishes, and sharks, from Federal waters in the Atlantic 
Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific 
research, data collection, the investigation of bycatch, and public 
display, among other things. LOAs acknowledge that scientific research 
activity aboard a scientific research vessel is being conducted. 
Generally, EFPs and related permits would be valid from the date of 
issuance through December 31, 2019, unless otherwise specified, subject 
to the terms and conditions of individual permits. This notice also 
schedules a public webinar/conference call for applicants, during which 
NMFS will provide a general overview of the EFP program and hold a 
question and answer session.

DATES: Written comments received in response to this notice will be 
considered by NMFS when issuing EFPs and related permits and must be 
received on or before November 30, 2018. NMFS also will host an 
operator-assisted public webinar/conference call on November 14, 2018, 
from 2 p.m. to 4 p.m. EDT, providing an opportunity for applicants to 
listen to a general overview of the EFP program and hold a question and 
answer session.

ADDRESSES: Comments may be submitted by any of the following methods:
     Email: [email protected]. Include in the subject 
line the following identifier: 0648-XG583.
     Mail: Craig Cockrell, Highly Migratory Species Management 
Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.
    Instructions: The public webinar/conference call information is 
phone number (888) 942-8612; participant passcode 6276326. Participants 
are strongly encouraged to log/dial in 15 minutes prior to the meeting. 
NMFS will show a brief overview presentation via webinar followed by a 
question and answer session: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=ee7c953be8b128d064d6557dbb5e5423b; password: NOAA.

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., regarding 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 that NMFS has an interest 
in permitting or acknowledging. Pursuant to 50 CFR parts 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 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 their entirety. Collection of HMS under EFPs, SRPs, 
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. 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 under ATCA. NMFS 
generally does not consider recreational or commercial vessels to be 
bona fide research vessels. However, if the vessels have been 
contracted only to conduct research and not participate in any 
commercial or recreational fishing activities during that research, 
NMFS may consider those vessels as bona fide research platforms while 
conducting the specified research. For example, in the past, NMFS has 
determined that commercial pelagic longline vessels assisting with 
population surveys for sharks may be considered ``bona fide research 
vessels'' while engaged only in the specified research. For such 
activities, NMFS reviews scientific research plans and may issue an LOA 
acknowledging that the proposed activity is scientific research under 
the Magnuson-Stevens Act. Examples of research acknowledged by LOAs 
include tagging and releasing sharks during bottom longline surveys to 
understand the distribution and seasonal abundance of different shark 
species, and collecting and sampling sharks caught during trawl surveys 
for life history and bycatch studies.
    While scientific research is not defined as ``fishing'' subject to 
the 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, and billfish). One example of 
research conducted under SRPs consists of scientific surveys of tunas, 
swordfish and billfish conducted from NOAA research vessels.
    EFPs are issued for activities conducted from commercial or 
recreational fishing vessels. Examples of activities conducted under 
EFPs include collection of young-of-year bluefin tuna for genetic 
research; conducting billfish larval tows from private vessels to 
determine billfish habitat use, life history, and population structure, 
and

[[Page 54725]]

tagging sharks caught on commercial or recreational fishing gear to 
determine 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 2019. 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 to be conducted 
usually have been previously analyzed in various environmental 
assessments and environmental impact statements for Atlantic HMS 
management. In most such cases, NMFS intends to issue these permits 
without additional opportunity for public comment beyond what is 
provided in this notice. Occasionally, NMFS receives applications for 
research activities that were not anticipated, or for research that is 
outside the scope of general scientific sampling and tagging of 
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 600.745.
    On June 19, 2017, NMFS received an application for an EFP 
requesting an exemption from the regulations that prohibit the 
retention of bluefin tuna with unauthorized gear onboard. See 50 CFR 
635.19(b). This application was submitted by the Cape Cod Commercial 
Fishermen's Alliance (CCCFA). The applicants suggested that with the 
use of electronic monitoring (EM) and through issuance of an EFP, there 
would be sufficient at-sea monitoring to verify the catch of bluefin 
tuna occurred with authorized gear (e.g., rod and reel and harpoon 
gear) and not on the unauthorized gear onboard the vessel (e.g., 
benthic longline, jigging machines, handgear, demersal gillnet, or 
otter trawl). An EFP was issued to the CCCFA on October 2, 2017 and 
exempted 5 vessels from 50 CFR 635.19(b). The permit was amended twice, 
to extend the expiration date to December 31, 2018 and add an 
additional vessel. To date no fishing has occurred under this permit. 
NMFS expects to receive an application to renew this EFP for 2019. 
Comments are invited specifically on these issues related to issuance 
of a similar permit to the CCCFA 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; the collection of hook-timer and pop-up 
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks; and the collection of sharks to 
update the weight conversion factor from dressed weight to whole 
weight. Fishermen who wish to participate must fill out an application 
for a shark research fishery 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. In recent years, all 
participants of the shark research fishery were limited to a very small 
number of dusky shark mortalities on a regional basis. Once the 
designated number of dusky shark mortalities occurs in a specific 
region certain terms and conditions are applied (e.g., soak time 
limits). If subsequent interactions occur in the region all shark 
research fishery activities must stop within that region. Participants 
would continue to be limited to two sets per trip, with one set limited 
to 150 hooks and the second set limited to 300 hooks. All participants 
are also limited to a maximum of 500 hooks onboard the vessel while on 
a shark research fishery trip. A Federal Register notice describing the 
specific objectives for the shark research fishery in 2019 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 2019 
during the comment period of this notice.
    The authorized number of specimens that have been authorized thus 
far under EFPs and other related permits for 2018, as well as the 
number of specimens collected in 2017, is summarized in Table 1. The 
number of specimens collected in 2018 will be available when all 2018 
interim and annual reports are submitted to NMFS. In 2017, 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, mortalities associated with EFPs, SRPs, or display 
permits (except for larvae) are counted against the appropriate quota. 
NMFS issued a total of 33 EFPs, SRPs, display permits, and LOAs in 2017 
for the collection of HMS and 5 shark research fishery permits. As of 
October 3, 2018, NMFS has issued a total of 39 EFPs, SRPs, display 
permits, and LOAs and 6 shark research fishery permits.

                   Table 1--Summary of HMS Exempted Fishing Permits Issued in 2017 and 2018, Other Than Shark Research Fishery Permits
                                     [``HMS'' refers to multiple species being collected under a given permit type]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             2017                                         2018
                                                              ------------------------------------------------------------------------------------------
                         Permit type                                                      Authorized   Fish kept/                             Authorized
                                                                 Permits     Authorized     larvae     discarded   Larvae kept    Permits     fish (No.)
                                                                issued **    fish (No.)     (No.)      dead (No.)     (No.)      Issued **        **
--------------------------------------------------------------------------------------------------------------------------------------------------------
EFP:
    HMS......................................................            4          357            0           17            0            2          162
    Shark....................................................            4           57            0           85            0            4            0

[[Page 54726]]

 
    Tuna.....................................................            2          350            0            2            0            2          750
SRP:
    HMS......................................................            3          260            0           70            0            6        2,030
    Shark....................................................            1          720            0          300            0            1          487
    Tuna.....................................................            0            0            0            0            0            1            0
Display:
    HMS......................................................            2           88            0            6            0            2           84
    Shark....................................................            5          109            0           38            0            6          185
                                                              ------------------------------------------------------------------------------------------
        Total................................................           21        1,941            0          518            0           24        3,698
LOA: *
    Shark....................................................           12        2,275            0          513            0           15          185
--------------------------------------------------------------------------------------------------------------------------------------------------------
* LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are estimates of
  harvest under LOAs. Permittees are encouraged to report all fishing activities in a timely manner.
**Atlantic HMS larvae were authorized in one permit for collection but no limit on the number of larvae were set. Some shark EFPs and LOAs were issued
  for the purposes of tagging and the opportunistic sampling of sharks and were not expected to result in large amounts of mortality. Given this some
  mortality may occur throughout 2018 and will be accounted for under the 60 metric ton shark research and display quota.

    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, consistent with the assessment of such 
activities within the environmental impacts analyses in existing HMS 
actions, including the 1999 FMP, the 2006 Consolidated HMS FMP and its 
amendments, 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.
    NMFS is also planning to hold a public webinar/conference call for 
potential applicants to the EFP program due to requests for additional 
information from some of the current applicants and a need to clarify 
some terms and conditions and agency expectations. NMFS will present a 
brief overview of the program, clarify a number of issues we have 
encountered from applicants when they are applying for these permits, 
and conduct a question and answer session. Requests for language 
interpretation or other auxiliary aids should be directed to Craig 
Cockrell at 301-427-8503, at least 7 days prior to the meeting. A NMFS 
representative will attempt to structure the meeting so that all 
attending members of the public will be able to comment if they so 
choose. If attendees do not respect the ground rules they will be asked 
to leave the public webinar/conference call.

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

    Dated: October 26, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-23791 Filed 10-30-18; 8:45 am]
 BILLING CODE 3510-22-P



                                              54724                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                              DEPARTMENT OF COMMERCE                                     Instructions: The public webinar/                  et seq.). Regulations at 50 CFR 600.745
                                                                                                      conference call information is phone                  and 635.32 govern scientific research
                                              National Oceanic and Atmospheric                        number (888) 942–8612; participant                    activity, exempted fishing, and
                                              Administration                                          passcode 6276326. Participants are                    exempted public display and
                                              RIN 0648–XG583                                          strongly encouraged to log/dial in 15                 educational activities with respect to
                                                                                                      minutes prior to the meeting. NMFS                    Atlantic HMS. Because the Magnuson-
                                              Atlantic Highly Migratory Species;                      will show a brief overview presentation               Stevens Act states that scientific
                                              Exempted Fishing, Scientific Research,                  via webinar followed by a question and                research activity which is conducted on
                                              Display, and Shark Research Fishery                     answer session: https://                              a scientific research vessel is not
                                              Permits; Letters of Acknowledgment                      noaaevents2.webex.com/noaaevents2/                    fishing, NMFS issues LOAs and not
                                                                                                      onstage/g.php?MTID=                                   EFPs for bona fide research activities
                                              AGENCY:  National Marine Fisheries                      ee7c953be8b128d064d6557dbb5e5423b;                    (e.g., scientific research being conducted
                                              Service (NMFS), National Oceanic and                    password: NOAA.                                       from a research vessel and not a
                                              Atmospheric Administration (NOAA),                                                                            commercial or recreational fishing
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              Commerce.                                                                                                     vessel) involving species that are only
                                                                                                      Craig Cockrell, phone: (301) 427–8503
                                              ACTION: Notice of intent; request for                                                                         regulated under the Magnuson-Stevens
                                                                                                      SUPPLEMENTARY INFORMATION: Issuance
                                              comments; public webinar.                                                                                     Act (e.g., most species of sharks) and not
                                                                                                      of EFPs and related permits are
                                                                                                      necessary because HMS regulations                     under ATCA. NMFS generally does not
                                              SUMMARY:    NMFS announces its intent to
                                                                                                      (e.g., regarding fishing seasons,                     consider recreational or commercial
                                              issue exempted fishing permits (EFPs),
                                                                                                                                                            vessels to be bona fide research vessels.
                                              scientific research permits (SRPs),                     prohibited species, authorized gear,
                                                                                                                                                            However, if the vessels have been
                                              display permits, letters of                             closed areas, and minimum sizes) may
                                                                                                                                                            contracted only to conduct research and
                                              acknowledgment (LOAs), and shark                        otherwise prohibit the collection of live
                                                                                                                                                            not participate in any commercial or
                                              research fishery permits for Atlantic                   animals and/or biological samples for
                                                                                                                                                            recreational fishing activities during
                                              highly migratory species (HMS) in 2019.                 data collection and public display
                                                                                                                                                            that research, NMFS may consider those
                                              EFPs and related permits would                          purposes or may otherwise prohibit
                                                                                                                                                            vessels as bona fide research platforms
                                              authorize collection of a limited number                certain fishing activity that NMFS has
                                                                                                                                                            while conducting the specified research.
                                              of HMS, including tunas, swordfish,                     an interest in permitting or
                                                                                                                                                            For example, in the past, NMFS has
                                              billfishes, and sharks, from Federal                    acknowledging. Pursuant to 50 CFR
                                                                                                                                                            determined that commercial pelagic
                                              waters in the Atlantic Ocean, Caribbean                 parts 600 and 635, a NMFS Regional                    longline vessels assisting with
                                              Sea, and Gulf of Mexico for the                         Administrator or Director may                         population surveys for sharks may be
                                              purposes of scientific research, data                   authorize, for limited testing, public                considered ‘‘bona fide research vessels’’
                                              collection, the investigation of bycatch,               display, data collection, exploratory                 while engaged only in the specified
                                              and public display, among other things.                 fishing, compensation fishing,                        research. For such activities, NMFS
                                              LOAs acknowledge that scientific                        conservation engineering, health and                  reviews scientific research plans and
                                              research activity aboard a scientific                   safety surveys, environmental cleanup,                may issue an LOA acknowledging that
                                              research vessel is being conducted.                     and/or hazard removal purposes, the                   the proposed activity is scientific
                                              Generally, EFPs and related permits                     target or incidental harvest of species               research under the Magnuson-Stevens
                                              would be valid from the date of issuance                managed under an FMP or fishery                       Act. Examples of research
                                              through December 31, 2019, unless                       regulations that would otherwise be                   acknowledged by LOAs include tagging
                                              otherwise specified, subject to the terms               prohibited. These permits exempt                      and releasing sharks during bottom
                                              and conditions of individual permits.                   permit holders from the specific                      longline surveys to understand the
                                              This notice also schedules a public                     portions of the regulations that may                  distribution and seasonal abundance of
                                              webinar/conference call for applicants,                 otherwise prohibit the collection of                  different shark species, and collecting
                                              during which NMFS will provide a                        HMS for public education, public                      and sampling sharks caught during
                                              general overview of the EFP program                     display, or scientific research. Permit               trawl surveys for life history and
                                              and hold a question and answer session.                 holders are not exempted from the                     bycatch studies.
                                              DATES: Written comments received in                     regulations in their entirety. Collection                While scientific research is not
                                              response to this notice will be                         of HMS under EFPs, SRPs, display, and                 defined as ‘‘fishing’’ subject to the MSA,
                                              considered by NMFS when issuing EFPs                    shark research fishery permits                        scientific research is not exempt from
                                              and related permits and must be                         represents a small portion of the overall             regulation under ATCA. Therefore,
                                              received on or before November 30,                      fishing mortality for HMS, and this                   NMFS issues SRPs that authorize
                                              2018. NMFS also will host an operator-                  mortality is counted against the quota of             researchers to collect HMS from bona
                                              assisted public webinar/conference call                 the species harvested, as appropriate                 fide research vessels for collection of
                                              on November 14, 2018, from 2 p.m. to                    and applicable. The terms and                         species managed under this statute (e.g.,
                                              4 p.m. EDT, providing an opportunity                    conditions of individual permits are                  tunas, swordfish, and billfish). One
                                              for applicants to listen to a general                   unique; however, all permits will                     example of research conducted under
                                              overview of the EFP program and hold                    include reporting requirements, limit                 SRPs consists of scientific surveys of
                                              a question and answer session.                          the number and/or species of HMS to be                tunas, swordfish and billfish conducted
                                              ADDRESSES: Comments may be                              collected, and only authorize collection              from NOAA research vessels.
                                              submitted by any of the following                       in Federal waters of the Atlantic Ocean,                 EFPs are issued for activities
                                              methods:                                                Gulf of Mexico, and Caribbean Sea.                    conducted from commercial or
amozie on DSK3GDR082PROD with NOTICES1




                                                 • Email: nmfs.hms.efp2019@                              EFPs and related permits are issued                recreational fishing vessels. Examples of
                                              noaa.gov. Include in the subject line the               under the authority of the Magnuson-                  activities conducted under EFPs include
                                              following identifier: 0648–XG583.                       Stevens Fishery Conservation and                      collection of young-of-year bluefin tuna
                                                 • Mail: Craig Cockrell, Highly                       Management Reauthorization Act                        for genetic research; conducting billfish
                                              Migratory Species Management Division                   (Magnuson-Stevens Act) (16 U.S.C. 1801                larval tows from private vessels to
                                              (F/SF1), NMFS, 1315 East-West                           et seq.) and/or the Atlantic Tunas                    determine billfish habitat use, life
                                              Highway, Silver Spring, MD 20910.                       Convention Act (ATCA) (16 U.S.C. 971                  history, and population structure, and


                                         VerDate Sep<11>2014   18:06 Oct 30, 2018   Jkt 247001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                                                                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                                                          54725

                                              tagging sharks caught on commercial or                                            authorized gear (e.g., rod and reel and                    species brought back to the vessel dead
                                              recreational fishing gear to determine                                            harpoon gear) and not on the                               must be retained and will count against
                                              post-release mortality rates.                                                     unauthorized gear onboard the vessel                       the appropriate quotas of the shark
                                                 NMFS is also seeking public comment                                            (e.g., benthic longline, jigging machines,                 research fishery participant. In recent
                                              on its intent to issue display permits for                                        handgear, demersal gillnet, or otter                       years, all participants of the shark
                                              the collection of sharks and other HMS                                            trawl). An EFP was issued to the CCCFA                     research fishery were limited to a very
                                              for public display in 2019. Collection of                                         on October 2, 2017 and exempted 5                          small number of dusky shark mortalities
                                              sharks and other HMS sought for public                                            vessels from 50 CFR 635.19(b). The                         on a regional basis. Once the designated
                                              display in aquaria often involves                                                 permit was amended twice, to extend                        number of dusky shark mortalities
                                              collection when the commercial fishing                                            the expiration date to December 31,                        occurs in a specific region certain terms
                                              seasons are closed, collection of                                                 2018 and add an additional vessel. To                      and conditions are applied (e.g., soak
                                              otherwise prohibited species (e.g., sand                                          date no fishing has occurred under this                    time limits). If subsequent interactions
                                              tiger sharks), and collection of fish                                             permit. NMFS expects to receive an                         occur in the region all shark research
                                              below the regulatory minimum size.                                                application to renew this EFP for 2019.                    fishery activities must stop within that
                                              Under Amendment 2 to the 2006                                                     Comments are invited specifically on                       region. Participants would continue to
                                              Consolidated Atlantic HMS Fishery                                                 these issues related to issuance of a                      be limited to two sets per trip, with one
                                              Management Plan, NMFS determined                                                  similar permit to the CCCFA this year.                     set limited to 150 hooks and the second
                                              that dusky sharks cannot be collected                                                In addition, Amendment 2 to the 2006                    set limited to 300 hooks. All
                                              for public display.                                                               Consolidated HMS Fishery Management                        participants are also limited to a
                                                 The majority of EFPs and related                                               Plan (FMP) implemented a shark                             maximum of 500 hooks onboard the
                                              permits described in this annual notice                                           research fishery. This research fishery is                 vessel while on a shark research fishery
                                              relate to scientific sampling and tagging                                         conducted under the auspices of the                        trip. A Federal Register notice
                                              of Atlantic HMS within existing quotas                                            exempted fishing permit program. Shark                     describing the specific objectives for the
                                              and the impacts of the activities to be                                           research fishery permit holders assist                     shark research fishery in 2019 and
                                              conducted usually have been previously                                            NMFS in collecting valuable shark life                     requesting applications from interested
                                              analyzed in various environmental                                                 history and other scientific data                          and eligible shark fishermen is expected
                                              assessments and environmental impact                                              required in shark stock assessments.                       to publish in the near future. NMFS
                                              statements for Atlantic HMS                                                       Since the shark research fishery was                       requests public comment regarding
                                              management. In most such cases, NMFS                                              established in 2008, the research fishery                  NMFS’ intent to issue shark research
                                              intends to issue these permits without                                            has allowed for: The collection of                         fishery permits in 2019 during the
                                              additional opportunity for public                                                 fishery dependent data for current and                     comment period of this notice.
                                              comment beyond what is provided in                                                future stock assessments; the operation
                                              this notice. Occasionally, NMFS                                                   of cooperative research to meet NMFS’                         The authorized number of specimens
                                              receives applications for research                                                ongoing research objectives; the                           that have been authorized thus far under
                                              activities that were not anticipated, or                                          collection of updated life-history                         EFPs and other related permits for 2018,
                                              for research that is outside the scope of                                         information used in the sandbar shark                      as well as the number of specimens
                                              general scientific sampling and tagging                                           (and other species) stock assessment;                      collected in 2017, is summarized in
                                              of Atlantic HMS, or rarely, for research                                          the collection of data on habitat                          Table 1. The number of specimens
                                              that is particularly controversial. Should                                        preferences that might help reduce                         collected in 2018 will be available when
                                              NMFS receive such applications, NMFS                                              fishery interactions through bycatch                       all 2018 interim and annual reports are
                                              will provide additional opportunity for                                           mitigation; the evaluation of the utility                  submitted to NMFS. In 2017, the
                                              public comment, consistent with the                                               of the mid-Atlantic closed area on the                     number of specimens collected was less
                                              regulations at 50 CFR 600.745.                                                    recovery of dusky sharks; the collection                   than the number of authorized
                                                 On June 19, 2017, NMFS received an                                             of hook-timer and pop-up satellite                         specimens for all permit types, other
                                              application for an EFP requesting an                                              archival tag information to determine at-                  than SRPs issued for shark research.
                                              exemption from the regulations that                                               vessel and post-release mortality of                          In all cases, mortalities associated
                                              prohibit the retention of bluefin tuna                                            dusky sharks; and the collection of                        with EFPs, SRPs, or display permits
                                              with unauthorized gear onboard. See 50                                            sharks to update the weight conversion                     (except for larvae) are counted against
                                              CFR 635.19(b). This application was                                               factor from dressed weight to whole                        the appropriate quota. NMFS issued a
                                              submitted by the Cape Cod Commercial                                              weight. Fishermen who wish to                              total of 33 EFPs, SRPs, display permits,
                                              Fishermen’s Alliance (CCCFA). The                                                 participate must fill out an application                   and LOAs in 2017 for the collection of
                                              applicants suggested that with the use of                                         for a shark research fishery permit                        HMS and 5 shark research fishery
                                              electronic monitoring (EM) and through                                            under the exempted fishing program.                        permits. As of October 3, 2018, NMFS
                                              issuance of an EFP, there would be                                                Shark research fishery participants are                    has issued a total of 39 EFPs, SRPs,
                                              sufficient at-sea monitoring to verify the                                        subject to 100-percent observer                            display permits, and LOAs and 6 shark
                                              catch of bluefin tuna occurred with                                               coverage. All non-prohibited shark                         research fishery permits.
                                               TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2017 AND 2018, OTHER THAN SHARK RESEARCH
                                                                                       FISHERY PERMITS
                                                                                                        [‘‘HMS’’ refers to multiple species being collected under a given permit type]

                                                                                                                                                                              2017                                                2018
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                                                                                                                                                                                         Fish kept/
                                                                                   Permit type                                                              Authorized      Authorized                                                   Authorized
                                                                                                                                             Permits                                     discarded      Larvae kept    Permits
                                                                                                                                                               fish           larvae                                                        fish
                                                                                                                                            issued **                                       dead           (No.)      Issued **
                                                                                                                                                              (No.)            (No.)                                                      (No.) **
                                                                                                                                                                                            (No.)

                                              EFP:
                                                 HMS ...................................................................................                4          357               0             17             0               2             162
                                                 Shark ..................................................................................               4           57               0             85             0               4               0



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                                              54726                                   Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                               TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2017 AND 2018, OTHER THAN SHARK RESEARCH
                                                                                  FISHERY PERMITS—Continued
                                                                                                        [‘‘HMS’’ refers to multiple species being collected under a given permit type]

                                                                                                                                                                               2017                                                  2018

                                                                                                                                                                                          Fish kept/
                                                                                   Permit type                                                               Authorized      Authorized                                                     Authorized
                                                                                                                                              Permits                                     discarded        Larvae kept    Permits
                                                                                                                                                                fish           larvae                                                          fish
                                                                                                                                             issued **                                       dead             (No.)      Issued **
                                                                                                                                                               (No.)            (No.)                                                        (No.) **
                                                                                                                                                                                             (No.)

                                                  Tuna ...................................................................................               2          350               0                2             0               2             750
                                              SRP:
                                                  HMS ...................................................................................                3          260               0           70                 0               6           2,030
                                                  Shark ..................................................................................               1          720               0          300                 0               1             487
                                                  Tuna ...................................................................................               0            0               0            0                 0               1               0
                                              Display:
                                                  HMS ...................................................................................                2           88               0              6               0               2              84
                                                  Shark ..................................................................................               5          109               0             38               0               6             185

                                                     Total ............................................................................              21           1,941               0          518                 0           24              3,698
                                              LOA: *
                                                 Shark ..................................................................................            12           2,275               0          513                 0           15                185
                                                * LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are estimates of harvest
                                              under LOAs. Permittees are encouraged to report all fishing activities in a timely manner.
                                                **Atlantic HMS larvae were authorized in one permit for collection but no limit on the number of larvae were set. Some shark EFPs and LOAs were issued for the
                                              purposes of tagging and the opportunistic sampling of sharks and were not expected to result in large amounts of mortality. Given this some mortality may occur
                                              throughout 2018 and will be accounted for under the 60 metric ton shark research and display quota.


                                                 Final decisions on the issuance of any                                          Craig Cockrell at 301–427–8503, at least                   shall review and evaluate the initial
                                              EFPs, SRPs, display permits, and shark                                             7 days prior to the meeting. A NMFS                        appraisal of senior executives’
                                              research fishery permits will depend on                                            representative will attempt to structure                   performance by supervisors and make
                                              the submission of all required                                                     the meeting so that all attending                          recommendations to the appointing
                                              information about the proposed                                                     members of the public will be able to                      authority or rating official relative to the
                                              activities, NMFS’ review of public                                                 comment if they so choose. If attendees                    performance of these executives.
                                              comments received on this notice, an                                               do not respect the ground rules they                         The Department of the Army
                                              applicant’s reporting history on past                                              will be asked to leave the public                          Performance Review Board will be
                                              permits, if vessels or applicants were                                             webinar/conference call.                                   composed of a subset of the following
                                              issued any prior violations of marine                                                Authority: 16 U.S.C. 971 et seq. and 16                  individuals:
                                              resource laws administered by NOAA,                                                U.S.C. 1801 et seq.                                          1. Ms. Delia A. Adams, Senior Contracting
                                              consistency with relevant NEPA                                                                                                                Executive, U.S. Army Installation
                                              documents, and any consultations with                                                Dated: October 26, 2018.
                                                                                                                                                                                            Management Command, San Antonio, TX.
                                              appropriate Regional Fishery                                                       Karen H. Abrams,                                             2. Ms. Lisha H. Adams, Executive Deputy
                                              Management Councils, states, or Federal                                            Acting Director, Office of Sustainable                     to the Commanding General, U.S. Army
                                              agencies. NMFS does not anticipate any                                             Fisheries, National Marine Fisheries Service.              Materiel Command, Redstone Arsenal, AL.
                                              significant environmental impacts from                                             [FR Doc. 2018–23791 Filed 10–30–18; 8:45 am]                 3. Mr. Stephen D. Austin, Assistant Chief
                                              the issuance of these EFPs, consistent                                             BILLING CODE 3510–22–P                                     of the Army Reserve, Office of the Chief
                                              with the assessment of such activities                                                                                                        Army Reserve, Washington, DC.
                                                                                                                                                                                              4. Mr. Mark F. Averill, Deputy
                                              within the environmental impacts
                                                                                                                                                                                            Administrative Assistant to the Secretary of
                                              analyses in existing HMS actions,                                                  DEPARTMENT OF DEFENSE                                      the Army/Director Resources & Program
                                              including the 1999 FMP, the 2006                                                                                                              Agency, Office of the Administrative
                                              Consolidated HMS FMP and its                                                       Department of the Army                                     Assistant, Washington, DC.
                                              amendments, the Environmental                                                                                                                   5. Mr. Stephen G. Barth, Deputy Assistant
                                              Assessment for the 2012 Swordfish                                                  Performance Review Board                                   Secretary of the Army (Cost And Economics),
                                              Specifications, and the Environmental                                              Membership                                                 Office of the Assistant Secretary of the Army
                                              Assessment for the 2015 Final Bluefin                                                                                                         (Financial Management & Comptroller),
                                                                                                                                 AGENCY:     Department of the Army, DoD.                   Washington, DC.
                                              Tuna Quota and Atlantic Tuna Fisheries
                                              Management Measures.                                                               ACTION:     Notice.                                          6. LTG Scott D. Berrier, Deputy Chief of
                                                 NMFS is also planning to hold a                                                                                                            Staff, Office of the Deputy Chief of Staff
                                                                                                                                 SUMMARY:   Notice is given of the names                    G–2, Washington, DC.
                                              public webinar/conference call for                                                 of members of a Performance Review                           7. LTG Gwendolyn Bingham, Assistant
                                              potential applicants to the EFP program                                            Board for the Department of the Army.                      Chief of Staff for Installation Management,
                                              due to requests for additional                                                                                                                Office of the Assistant Chief of Staff,
                                                                                                                                 DATES: Effective Date: October 26, 2018.
                                              information from some of the current                                                                                                          Installation Management, Washington, DC.
                                              applicants and a need to clarify some                                              FOR FURTHER INFORMATION CONTACT:                             8. Ms. Carla Kay Coulson, Director,
                                              terms and conditions and agency                                                    Barbara Smith, Civilian Senior Leader                      Installation Services, Assistant Chief of Staff
                                              expectations. NMFS will present a brief                                            Management Office, 111 Army                                for Installation Management, Washington,
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                                              overview of the program, clarify a                                                 Pentagon, Washington, DC 20310–0111.                       DC.
                                              number of issues we have encountered                                                                                                            9. LTG Bruce T. Crawford, Chief
                                                                                                                                 SUPPLEMENTARY INFORMATION: Section
                                                                                                                                                                                            Information Officer/G–6, Office of the Chief
                                              from applicants when they are applying                                             4314(c)(1) through (5) of Title 5, U.S.C.,                 Information Officer/G–6, Washington, DC.
                                              for these permits, and conduct a                                                   requires each agency to establish, in                        10. LTG Edward M. Daly, Deputy
                                              question and answer session. Requests                                              accordance with regulations, one or                        Commanding General/Chief of Staff, U.S.
                                              for language interpretation or other                                               more Senior Executive Service                              Army Materiel Command, Redstone Arsenal,
                                              auxiliary aids should be directed to                                               performance review boards. The boards                      AL.



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Document Created: 2018-10-31 00:33:07
Document Modified: 2018-10-31 00:33:07
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; public webinar.
DatesWritten comments received in response to this notice will be considered by NMFS when issuing EFPs and related permits and must be received on or before November 30, 2018. NMFS also will host an operator-assisted public webinar/conference call on November 14, 2018, from 2 p.m. to 4 p.m. EDT, providing an opportunity for applicants to listen to a general overview of the EFP program and hold a question and answer session.
ContactCraig Cockrell, phone: (301) 427-8503
FR Citation83 FR 54724 
RIN Number0648-XG58

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