[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72433-72435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23169]



[[Page 72433]]

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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.

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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, 
<a href="/cdn-cgi/l/email-protection#a5c0c9d6c48bc2d0d1ccc0d7d7c0dfe5cbcac4c48bc2cad3"><span class="__cf_email__" data-cfemail="93f6ffe0f2bdf4e6e7faf6e1e1f6e9d3fdfcf2f2bdf4fce5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish, 
swordfish, and sharks) are managed under the authority of the Magnuson-
Stevens 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 Sec.  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 
Sec. Sec.  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 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 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

[[Page 72434]]

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 Sec.  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 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. 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
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                                                                                               2022                                    2023
                                                                         -------------------------------------------------------------------------------
                Permit type                            Species                              Authorized      Fish kept/                      Authorized
                                                                          Permits issued  fish (numbers)  discarded dead  Permits issued  fish (numbers)
                                                                                                \1\          (numbers)                          \1\
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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.
\1\ Some 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.


[[Page 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


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