[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Pages 31149-31150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12275]



[[Page 31149]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 042500A]


Atlantic Highly Migratory Species; Exempted Fishing Permits

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

ACTION: Issuance of EFPs; request for comments.

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SUMMARY: NMFS requests comment on its intent to issue Exempted Fishing 
Permits (EFPs) to qualifying holders of Atlantic Swordfish and Shark 
limited access permits who held an Atlantic Tunas permit in a 
commercial category other than the Longline category at the time the 
Highly Migratory Species Fishery Management Plan (HMS FMP) was 
implemented on July 1, 1999. If issued, these EFPs would exempt 
eligible applicants from the requirement to have a valid Atlantic Tunas 
Longline category permit for authorization to retain swordfish and to 
fish for Atlantic tunas (other than Atlantic bluefin tuna) with pelagic 
longline gear.

DATES: Written comments on issuance of the subject EFPs must be 
received on or before May 26, 2000.

ADDRESSES: Send comments to Rebecca Lent, Chief, Highly Migratory 
Species Management Division (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. Copies of the regulations pertaining to 
issuance of EFPs for Atlantic HMS as well as the application 
information may also be requested from the Highly Migratory Species 
Management Division. Comments will not be accepted if submitted via 
email or internet.

FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen or Karyl 
Brewster-Geisz; phone: 301-713-2347; fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: EFPs for the Atlantic HMS fisheries are 
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.). Implementing regulations 
concerning scientific research activity, exempted fishing, and exempted 
educational activity, pertaining to the Atlantic HMS fisheries appear 
at 50 CFR 600.745 and 50 CFR 635.32. NMFS may issue EFPs to authorize 
activities otherwise prohibited by the Atlantic HMS regulations at 50 
CFR 635. Such EFPs are at times necessary to facilitate the conduct of 
scientific research or the acquisition of information and data, for the 
enhancement of safety at sea, for the purpose of collecting animals for 
public education or display, or for investigating means of reducing 
bycatch, economic discards or regulatory discards.
    Among other things, the HMS FMP implemented a limited access 
program for the swordfish and shark fisheries. To reduce the potential 
for regulatory discards of sharks, swordfish and tunas in the pelagic 
longline fisheries, the HMS FMP also established limited access for the 
Atlantic Tunas Longline category. The regulations implementing the HMS 
FMP specify that only vessels issued an Atlantic Tunas Longline 
category permit as well as limited access permits for both Atlantic 
Sharks and Atlantic Swordfish are authorized to use pelagic longline 
gear to fish for Atlantic tunas other than Atlantic bluefin tuna 
[Sec. 635.21(d)(1)]. Further, the regulations stipulate that a limited 
access permit for swordfish is not valid unless the vessel has also 
been issued a limited access shark permit and an Atlantic Tunas 
Longline category permit [Sec. 635.4(f)(4)].
    This new requirement to hold all three limited access permits 
presumed that vessels were specialized for the pelagic longline 
fisheries and was necessary to cap fishing effort and avoid regulatory 
discards. However, the joint permit requirement precludes certain 
vessel operators, who did not previously have an Atlantic Tunas 
Longline category permit, from using pelagic longline gear and from 
retaining Atlantic swordfish or BAYS tunas (bigeye, albacore, 
yellowfin, or skipjack tunas) taken by longline gear 
[Sec. 635.4(l)(2)(viii) and (ix)]. These vessel operators had 
maintained permits in other Atlantic Tunas commercial categories as 
needed to conduct their preferred directed fishing operations for 
bluefin tuna (e.g., Atlantic Tunas General category). When the bluefin 
tuna season was closed, these vessel operators conducted longline 
fisheries for sharks, swordfish and BAYS and, consequently, their catch 
histories qualified the vessels for limited access swordfish and/or 
shark permits. For these vessel operators, retaining the Atlantic Tunas 
permit in the preferred category for directed bluefin tuna fishing now 
causes a conflict with regulations on using pelagic longline gear.
    At the time the HMS FMP was implemented, NMFS issued EFPs for the 
1999 fishing year to those Atlantic Swordfish and Shark limited access 
permit holders who also held valid Atlantic Tunas permits in categories 
other than Longline. NMFS deemed this action appropriate because the 
new regulations inadvertently prohibited activities that had previously 
been authorized and because it was not clear what economic impacts 
would result if these vessel operators could no longer participate in 
multiple seasonal fisheries. The EFPs authorized the use of pelagic 
longline gear in the swordfish/BAYS fisheries and authorized the 
retention of Atlantic swordfish while allowing the vessel owner to 
retain the Atlantic Tunas permits in the preferred directed bluefin 
fishing commercial category. In this way, unintended adverse economic 
impacts were mitigated while NMFS collected information to assess the 
need for changes to the regulations.
    NMFS intends to re-issue such EFPs for the 2000 fishing year, 
pending submission of an application, which includes economic 
information on the use of multiple gears during the 1999 and expected 
2000 fishing years. NMFS is seeking public comment on its intention to 
re-issue these EFPs for the purpose of additional economic data 
collection prior to evaluating the need for regulatory changes.
    NMFS is also seeking public comment on possible issuance of EFPs to 
vessel owners who currently have the required limited access permits 
for Atlantic Swordfish, Atlantic Sharks and the Atlantic Tunas Longline 
category, but who would elect to obtain an Atlantic Tunas commercial 
permit in another category in order to conduct other seasonal fisheries 
(e.g., handgear instead of longline). Note that Atlantic bluefin tuna 
caught with longline gear could not be retained with such an EFP. NMFS 
has received a request from a fisherman interested in obtaining an EFP 
so that he can fish in the Atlantic Tunas Charter/Headboat category on 
a seasonal basis and still retain Atlantic swordfish and BAYS taken 
with longline gear at other times. Issuing EFPs in such cases would 
broaden the eligibility to vessel owners who are not in conflict with 
the current regulations but who would now elect to participate in 
multiple seasonal fisheries. Issuing EFPs in such cases would broaden 
the means of collecting additional economic information from 
prospective multiple gear fishermen.
    A final decision on issuance of EFPs will depend on the submission 
of all required information, NMFS' review of public comments received 
on the applications, conclusions of any environmental analyses 
conducted pursuant to the National Environmental Policy Act, and on any 
consultations with any appropriate Regional Fishery

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Management Councils, states, or Federal agencies. For copies of the HMS 
fishing regulations, EFP application materials and information on 
special reporting requirements for those persons issued EFPs, contact 
Rebecca Lent (see ADDRESSES).

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

    Dated: May 11, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-12275 Filed 5-11-00; 3:16 pm]
BILLING CODE 3510-22-F