65412 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 110104B]

Magnuson-Stevens Act Provisions; 

Atlantic Highly Migratory Species; 

Exempted Fishing, Scientific Research, 

Display, and Chartering Permits

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Issuance of 2005 Exempted 

Fishing, Scientific Research, Display, 

and Chartering Permits; request for 

comments.

SUMMARY: NMFS announces the intent 

to issue Exempted Fishing Permits 

(EFPs), Scientific Research Permits 

(SRPs), Display, and Chartering Permits 

for the collection of Atlantic highly 

migratory species (HMS). The Permits 

would authorize collections of a limited 

number of tunas, swordfish, billfishes, 

and sharks from Federal waters in the 

Atlantic Ocean and Gulf of Mexico for 

the purposes of scientific data collection 

and public display. Generally, these 

permits will be valid through December 

31, 2005. NMFS also announces the 

intent to consider issuing permits upon 

receiving applications from U.S. 

fishermen whose vessels fish for 

Atlantic HMS while operating under 

chartering arrangements within the 

Exclusive Economic Zone (EEZ) of other 

nations to collect data consistent with 

the International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

recommendations and to ensure 

consistency with another country’s 

regulations without violating U.S. 

regulations.

DATES: Written comments on these 

collection, research and fishing 

activities will be considered by NMFS 

in issuing such EFPs/SRPs/Display/

Chartering Permits if received on or 

before December 13, 2004.

ADDRESSES: You may submit comments 

by any of the following methods:

• Email: ID110104B@noaa.gov. 

Include in the subject line the following 

identifier: I.D.110104B.

• Mail: Christopher Rogers, Chief, 

Highly Migratory Species Management 

Division (F/SF1), NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910.

• Fax: (301)713–1917.

FOR FURTHER INFORMATION CONTACT:

Heather Stirratt or Sari Kiraly, by phone: 

301–713–2347 or fax: 301–713–1917.

SUPPLEMENTARY INFORMATION: EFPs, 

SRPs, Display, and Chartering Permits 

are requested and issued under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.) and/or the 

Atlantic Tunas Convention Act (16 

U.S.C. 971 et seq.). Regulations at 50 

CFR 600.745 and 50 CFR 635.32 govern 

scientific research activity, exempted 

fishing, chartering arrangements, and 

exempted educational activity with 

respect to Atlantic HMS.

Issuance of EFPs, SRPs, Display, and 

Chartering Permits may be necessary for 

the collection of scientific data and for 

public display because the possession of 

certain shark species is prohibited, 

possession of billfishes on board 

commercial fishing vessels is 

prohibited, and because the commercial 

fisheries for bluefin tuna, swordfish, 

and large coastal sharks may be closed 

for extended periods, during which time 

the collection of live animals and/or 

biological samples would otherwise be 

prohibited. In addition, NMFS 

regulations at 50 CFR 635.32 regarding 

the implantation or attachment of 

archival tags in Atlantic HMS require 

prior authorization and a report on 

implantation activities.

NMFS seeks public comment on its 

intention to issue EFPs for the purpose 

of collecting biological samples under 

at-sea fisheries observer programs. 

NMFS intends to issue EFPs to any 

NMFS employee or NMFS-approved 

contractor/observer to bring onboard 

and possess (for scientific research 

purposes, biological sampling, 

measurement, etc.) any Atlantic 

swordfish, Atlantic shark, or Atlantic 

billfish, provided the fish is a 

recaptured tagged fish, dead prior to 

being brought onboard, or specifically 

authorized for sampling by the Director 

of NMFS’ Office of Sustainable Fisheries 

at the request of the Southeast Fisheries 

Science Center or the Northeast 

Fisheries Science Center. On average, 

several hundred swordfish and sharks 

are collected by at-sea observers under 

such EFPs in any given year.

Collection of bluefin tuna may be 

authorized for scientific research, age 

and growth, genetic, and spawning 

studies. In 2003, a total of eleven 

permits, which authorized collection of 

485 bluefin tuna for the purposes of 

archival tagging and research were 

issued.

NMFS is also seeking public comment 

on its intention to issue Display Permits 

for the collection of restricted species of 

sharks for the purpose of public display. 

In the Final Fishery Management Plan 

for Atlantic Tunas, Swordfish and 

Sharks (HMS FMP), NMFS established a 

public display and research quota of 60 

metric tons wet weight for this purpose. 

NMFS has preliminarily determined 

that, based on average weight of sharks 

landed, approximately 3,000 sharks 

could be taken with this current quota. 

The actual number of sharks that would 

be taken depends on the species and 

size of the sharks. NMFS believes that 

harvesting this amount for public 

display will have a minimal impact on 

the stock. In 2004, nine Display Permits, 

which authorized the collection of 373 

large coastal, 133 small coastal, 96 

prohibited sharks for display purposes 

were issued. The total number reported 

as actually taken will not be known 

until early 2005. However, of the 433 

large coastal, 144 small coastal, and 102 

prohibited sharks authorized for 

collection in nine Display Permits 

issued during 2003, only one small 

coastal shark was reported taken from 

Federal waters.

Generally, the authorized collections 

or exemptions would involve activities 

otherwise prohibited by regulations 

implementing the HMS FMP and 

Amendment 1 to the Atlantic Billfish 

Fishery Management Plan. The EFPs, if 

issued, may authorize recipients to fish 

for and possess tunas, billfishes, 

swordfish, and sharks outside the 

applicable Federal commercial seasons, 

size limits and/or retention limits, or to 

fish for and possess prohibited species.

NMFS has undertaken a restructuring 

of the exempted fishing application and 

reporting procedures for Atlantic HMS. 

To that effect, on November 10, 2003, 

NMFS published a final rule (68 FR 

63738), effective on December 10, 2003, 

that modified the existing regulations 

with the intent of improving monitoring 

of these fishing activities, particularly 

those conducted to collect sharks for 

public display and those undertaken for 

scientific research.

Specifically, the final rule contains 

the following provisions: (1) EFP 

holders must notify the local NMFS 

Office for Law Enforcement at least 24 

hours prior to departure for all fishing 

trips conducted to collect HMS for the 

purpose of public display; (2) all live 

HMS retained for the purpose of public 

display must be tagged while still on 

board the fishing vessel with either a 

conventional dart tag or a microchip 

Passive Integrated Transponder (PIT) 

tag, both of which will be supplied by 

NMFS; (3) if warranted, NMFS may 

specify conditions for conducting 

fishing activities to collect HMS for 

public display in order to minimize 

mortalities of either targeted or bycatch 

species; (4) NMFS reserves the right to 

place an at-sea observer on board an 

authorized HMS collection vessel; (5) 

EFP and SRP holders must report all 

HMS collection activities regardless of 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65413

whether they occur inside or outside the 

EEZ; (6) negative reports must be 

submitted for months when no HMS are 

collected; (7) applicants for EFP and 

SRP renewals must include with the 

application the previous year’s year-end 

report and any delinquent reports for 

permits issued in prior years to obtain 

the new permit; and (8) prohibitions 

concerning the submission of false 

information and violations of the terms 

and conditions of EFPs and SRPs. 

Although unrelated to these provisions, 

the rule also addresses EFPs for the 

pelagic longline directed swordfish 

fishery, in that EFPs would no longer be 

required for vessels to delay offloading 

of swordfish when an approved vessel 

monitoring system (VMS) is operating 

on board the vessel.

In December 2003, NMFS published 

the Final Rule (68 FR 74747) 

implementing the Final Amendment 1 

to the Fishery Management Plan for 

Atlantic Tunas, Swordfish and Sharks. 

While the rule focuses primarily on 

shark management measures, the 

issuance of EFPs and SRPs is also 

addressed where a separate display 

permitting system for HMS is to be 

developed apart from EFPs and SRPs 

issued for other purposes. This is an 

administrative change only, and current 

quotas as well as application and 

reporting requirements remain as 

established under the existing system.

Comments are also requested for the 

issuance of Chartering Permits to vessels 

fishing for HMS while operating under 

chartering arrangements within the EEZ 

of other nations. In November 2004, 

NMFS published the Final Rule 

requiring prior notification and 

approval from NMFS, via issuance of a 

Chartering Permit, before a vessel begins 

to fish under a chartering arrangement. 

These Chartering Permits would allow a 

U.S. fishing vessel to fish in a manner 

consistent with another country’s 

regulations without violating U.S. 

regulations, and would ensure that such 

vessels report to the proper authorities, 

consistent with ICCAT 

recommendations. To date, NMFS has 

only received applications from and 

issued one of these Chartering Permits, 

which includes one pelagic longline 

vessel in a fleet of many thousands.

Final decisions on the issuance of any 

EFPs/SRPs/Display/Chartering Permits 

will depend on the submission of all 

required information about the 

proposed activities, NMFS’ review of 

public comments received on this 

notice, consistency with conclusions in 

the Final Environmental Impact 

Statement (EIS) contained in the Final 

HMS FMP (64 FR 13575; March 19, 

1999), Environmental Assessments 

(EAs) or EISs, and any consultations 

with appropriate Regional Fishery 

Management Councils, states, or Federal 

agencies. NMFS does not anticipate any 

environmental impacts from the 

issuance of these EFPs other than 

impacts already assessed in the Final 

HMS FMP.

All requests for EFPs/SRPs/Display/

Chartering Permits of a type or nature 

not addressed in this Federal Register

Notice will have a separate Notice filed 

and separate public comment period.

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

U.S.C. 1801 et seq.

Dated: November 5, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25211 Filed 11–10–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 110404E]

Endangered Species; File No. 1260

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Issuance of permit modification.

SUMMARY: Notice is hereby given that 

the NMFS Southeast Fisheries Science 

Center (SEFSC) has been issued a 

modification to scientific research 

Permit No. 1260.

ADDRESSES: The modification and 

related documents are available for 

review upon written request or by 

appointment in the following office(s):

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and

Southeast Region, NMFS, 9721 

Executive Center Drive North, St. 

Petersburg, FL 33702–2432; phone 

(727)570–5301; fax (727)570–5320.

FOR FURTHER INFORMATION CONTACT:

Patrick Opay or Ruth Johnson, 

(301)713–2289.

SUPPLEMENTARY INFORMATION: Notices 

were published in the Federal Register 

on July 15, 2004 (69 FR 42426) and July 

19, 2004 (69 FR 42970) that 

modifications of Permit No. 1260, 

issued June 29, 2001 (66 FR 34621), had 

been requested by the above-named 

organization. The requested 

modification has been granted under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR parts 222–226).

The modification to Permit No. 1260 

authorizes the SEFSC to attach 

conventional or pop-up archival tag 

(PAT) satellite transmitters to the pygal 

region of up to 15 leatherback sea turtles 

(Dermochelys coriacea) that may be 

boated during the Pelagic Longline 

Fishery Observers project. Additionally, 

the SEFSC is authorized to handle, 

flipper and passive integrated 

transponder (PIT) tag, tissue sample and 

blood sample all turtles on all projects 

under Permit No. 1260 and now has the 

option of deploying either PAT or 

conventional satellite tags via a tether 

attachment to the 20 loggerhead sea 

turtles (Caretta caretta) for which 

satellite tagging was already authorized 

under the existing Pelagic Longline 

Fishery Observers project.

The modification also authorizes the 

annual hoop netting or dip netting, 

measuring, weighing, flipper and PIT 

tagging, tissue biopsying, blood 

sampling and release of an additional 

100 leatherback, 120 loggerhead, 100 

green (Chelonia mydas), 50 hawksbill 

(Eretmochelys imbricata), 50 Kemp’s 

ridley (Lepidochelys kempii) and 20 

olive ridley (Lepidochelys olivacea) sea 

turtles. A subset of 20 of the 

leatherbacks, 20 of the loggerheads, 20 

of the greens, 20 of the hawksbills, 20 

of the Kemp’s ridleys and 5 of the olive 

ridleys captured annually will have 

satellite transmitters attached to them. 

None of the activities authorized under 

this modification are expected to result 

in mortality. The research will be 

conducted in waters of the Atlantic 

Ocean (including the Caribbean) and 

Gulf of Mexico during the remainder of 

the permit which expires June 30, 2006. 

The purpose of the research is to gather 

the necessary information to implement 

NMFS management activities as 

required by the ESA and implementing 

regulations.

Issuance of this modification, as 

required by the ESA was based on a 

finding that such permit (1) was applied 

for in good faith, (2) will not operate to 

the disadvantage of the endangered and 

threatened species which are the subject 

of this permit, and (3) is consistent with 

the purposes and policies set forth in 

section 2 of the ESA.