Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72433 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD410] 

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. 

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 2024. 

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, Gulf of 

Mexico, and Caribbean Sea 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, 2024, unless 

otherwise specified in the permit, 

subject to the terms and conditions of 

individual permits. 

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 20, 

2023. 

ADDRESSES: Comments may be 

submitted electronically via the Federal 

e-Rulemaking Portal. Go to https://

www.regulations.gov and enter ‘‘NOAA– 

NMFS–2023–0118’’ in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: Elsa 

Gutierrez, 301–427–8503, 

elsa.gutierrez@noaa.gov. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries (tunas, billfish, 

swordfish, and sharks) are managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act; 16 U.S.C. 1801 et seq.) and the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.). The 2006 

Consolidated Atlantic HMS Fishery 

Management Plan (2006 Consolidated 

HMS FMP) and its amendments are 

implemented by regulations at 50 CFR 

part 635. The regulations specific to 

HMS EFPs and related permits can be 

found at § 635.32. 

NMFS issues EFPs and related 

permits where HMS regulations (e.g., 

fishing seasons, prohibited species, 

authorized gear, closed areas, 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 

activities that NMFS has an interest in 

permitting or acknowledging. Consistent 

with §§ 600.745 and 635.32, the 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. 

Collection of HMS under EFPs, SRPs, 

display permits, and shark research 

fishery permits represents a small 

portion of the overall fishing mortality 

for HMS, and this mortality is counted 

against the relevant quota, 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. 

The Magnuson-Stevens Act exempts 

scientific research conducted by a 

scientific research vessel from the 

definition of ‘‘fishing.’’ NMFS issues 

LOAs acknowledging such bona fide 

research activities involving species that 

are only regulated under the MagnusonStevens 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 for 

purposes of 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 

Magnuson-Stevens Act, 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 (i.e., 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-the-year bluefin 

tuna for genetic research from 

recreational fishing vessels; conducting 

billfish larval tows from private vessels 

to determine billfish habitat use, life 

history, and population structure; and 

tagging sharks caught on commercial or 

recreational fishing gear to determine 

post-release mortality rates. 

NMFS also intends to issue display 

permits for the collection of sharks and 

other HMS for public display in 2024. 

Collection of sharks and other HMS 


ddrumheller on DSK120RN23PROD with NOTICES1
72434 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 

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. NMFS published the 

final rule for Amendment 2 to the 2006 

Consolidated HMS FMP (73 FR 35778, 

June 24, 2008; corrected 73 FR 40658, 

July 15, 2008) which included, among 

other things, 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 HMS within existing quotas, and the 

impacts of the activities to be conducted 

have been previously analyzed in 

various environmental assessments and 

environmental impact statements for 

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 HMS, or rarely, for research that is 

particularly controversial. NMFS will 

provide additional opportunity for 

public comment, consistent with the 

regulations at § 600.745, should such 

applications be received by NMFS. 

In addition, this notice invites 

comments on the shark research fishery 

first implemented through Amendment 

2 to the 2006 Consolidated HMS FMP. 

This research fishery is conducted 

under the auspices of the EFP 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 atvessel and post-release mortality of 

dusky sharks; and the collection of 

sharks to update the weight conversion 

factor from dressed weight to whole 

weight. Shark research fishery 

participants are subject to 100-percent 

observer coverage. In recent years, all 

non-prohibited shark species brought 

back to the vessel dead have been 

required to be retained and were 

counted against the appropriate quotas 

of the shark research fishery participant. 

Additionally, 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). While the specific terms 

and conditions of the 2024 shark 

research fishery permit have yet to be 

decided, NMFS expects that 

participants would continue to be 

limited in the number of sets allowed on 

each trip and the number of hooks 

allowed on each set and on the vessel 

itself. A Federal Register notice 

describing the specific objectives for the 

shark research fishery in 2024 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 2024 during the 

comment period of this notice. 

The number of specimens that has 

been authorized thus far under EFPs 

and other related permits for 2023, as 

well as the number of specimens 

collected in 2022, is summarized in 

Table 1. The total amount of collections 

in 2022 was within the analyzed quotas 

for all quota-managed HMS species. The 

number of specimens collected in 2023 

will be available when all 2023 interim 

and annual reports are submitted to 

NMFS. 

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 43 EFPs, SRPs, display permits, 

and LOAs in 2022 for the collection of 

HMS and 5 shark research fishery 

permits. As of September 26, 2023, 

NMFS has issued a total of 45 EFPs, 

SRPs, display permits, and LOAs and 3 

shark research fishery permits. 

TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2022 AND 2023, OTHER THAN SHARK RESEARCH

FISHERY PERMITS

Permit type Species 

2022 2023 

Permits 

issued 

Authorized 

fish 

(numbers) 1

Fish kept/ 

discarded 

dead 

(numbers) 

Permits 

issued 

Authorized 

fish 

(numbers) 1

EFP ..................................... HMS ................................... 9 626 0 2 184 

Shark .................................. 2 1 N/A 9 8 1 N/A 

Tuna ................................... 2 500 0 2 30 

SRP ..................................... HMS ................................... 7 1,101 65 8 1,027 

Swordfish ............................ 0 0 0 1 30 

Display ................................ HMS ................................... 2 82 0 1 55 

Shark .................................. 4 270 34 3 223 

Total ............................................. 26 2,579 108 25 1,549 

LOA ..................................... Shark .................................. 17 1 N/A 158 20 1 N/A 

Note: ‘‘HMS’’ refers to multiple species being collected under a given permit type. 1Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks or other HMS and 

were not expected to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2023, and 

will be accounted for under the appropriate shark research and display quota. 


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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72435 

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’s 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 National 

Environmental Policy Act 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, Amendment 

2 to the Consolidated HMS FMP, the 

Environmental Assessment for the 2012 

Swordfish Specifications, the 

Environmental Assessment for the 2022 

Final Bluefin Tuna Quota and Atlantic 

Tuna Fisheries Management Measures, 

and the 2022 Zero Atlantic Shortfin 

Mako Shark Retention Limit Final Rule. 

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

16 U.S.C. 1801 et seq. 

Dated: October 17, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–23169 Filed 10–19–23; 8:45 am] 

BILLING CODE 3510–22–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Additions and 

Deletions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to and deletions from 

the Procurement List. 

SUMMARY: This action adds product(s) to 

the Procurement List that will be 

furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities, and 

deletes product(s) and service(s) from 

the Procurement List previously 

furnished by such agencies. 

DATES: Date added to and deleted from 

the Procurement List: November 19, 

2023. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 355 E Street SW, Suite 325, 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Michael R. Jurkowski, Telephone: (703) 

785–6404, or email CMTEFedReg@

AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 09/15/2023, the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled published notice of 

proposed additions to the Procurement 

List. This notice is published pursuant 

to 41 U.S.C. 8503(a)(2) and 41 CFR 51– 

2.3. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

the product(s) and impact of the 

additions on the current or most recent 

contractors, the Committee has 

determined that the product(s) listed 

below are suitable for procurement by 

the Federal Government under 41 U.S.C. 

8501–8506 and 41 CFR 51–2.4. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in any 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities other than the small 

organizations that will furnish the 

product(s) to the Government. 

2. The action will result in 

authorizing small entities to furnish the 

product(s) to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the product(s) 

proposed for addition to the 

Procurement List. 

End of Certification 

Accordingly, the following product(s) 

are added to the Procurement List: 

Product(s) 

NSN(s)—Product Name(s): 

5180–01–563–7475—Tool Kit, Artillery 

and Turret (ATTK) 

Designated Source of Supply: Industries for 

the Blind and Visually Impaired, Inc., 

West Allis, WI 

Contracting Activity: DEFENSE LOGISTICS 

AGENCY, DLA AVIATION 

Distribution: C-List 

Mandatory for: 100% of the requirement of 

the Department of Defense 

Deletions 

On 09/15/2023, the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled published notice of 

proposed deletions from the 

Procurement List. This notice is 

published pursuant to 41 U.S.C. 

8503(a)(2) and 41 CFR 51–2.3. 

After consideration of the relevant 

matter presented, the Committee has 

determined that the product(s) and 

service(s) listed below are no longer 

suitable for procurement by the Federal 

Government under 41 U.S.C. 8501–8506 

and 41 CFR 51–2.4. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities. 

2. The action may result in 

authorizing small entities to furnish the 

product(s) and service(s) to the 

Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the product(s) and 

service(s) deleted from the Procurement 

List. 

End of Certification 

Accordingly, the following product(s) 

and service(s) are deleted from the 

Procurement List: 

Product(s) 

NSN(s)—Product Name(s): 

7530–01–618–8427—Cover, Record Book, 

Digital Camouflage, 6′′ x 9′′ 

7510–01–053–5591—Portfolio, Writing, 

Economy, Black, 9′′ x 6-1⁄8′′ 

7510–00–145–0296—Portfolio, Writing, 

Economy, Black, 12-1⁄8′′ x 9-1⁄2′′ 

7510–01–557–4969—Portfolio, Note Pad 

Holder, Custom Logo, 6′′ x 9′′ 

7510–01–557–4970—Portfolio, Pocket, 

with Pad, Camouflage, 4′′ x 6′′ 

7510–01–557–4979—Portfolio, Note Pad 

Holder, Army Logo, Camouflage, 6′′ x 9′′ 

7510–01–557–4977—Pad Holder Portfolio, 

Standard, Digital Camouflage, Letter Size 

7510–01–557–4978—Portfolio, Note Pad 

Holder, Camouflage, 6′′ x 9′′ 

7510–01–600–8651—Portfolio, Pocket, 

with Pad, Camouflage, 6′′ x 9′′ 

7510–01–557–4980—Portfolio, Pad Holder, 

Deluxe, Brass Clip and Corners, 

Camouflage, 6′′ x 9′′ 

7510–01–557–4981—Pad Holder Portfolio, 

Deluxe, Brass Clip and Corners, Digital 

Camouflage, Letter Size 

7510–01–483–8891—Portfolio, Note Pad 

Holder, Burgundy, 6′′ x 9′′ 

7510–01–483–8895—Pad Holder Portfolio, 

Standard, Burgundy, Letter Size 

7510–01–483–8897—Portfolio, Pad Holder, 

Deluxe, Brass Clip and Corners, 

Burgundy, 6′′ x 9′′ 


ddrumheller on DSK120RN23PROD with NOTICES1