Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85515 

TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS—Continued 

Permit No. RTID Applicant Previous Federal Register Notice Issuance date 

27597 ............... 0648–XD928 ..... NMFS Alaska Fisheries Science Center’s Marine Mammal Laboratory, 7600 Sand Point 

Way NE, Seattle, WA 98115 (Responsible 

Party: John Bengtson, Ph.D.).

89 FR 36761, May 3, 2024 ................ September 9, 

2024. 

28148 ............... 0648–XE164 ..... NMFS Pacific Islands Regional Office, 1845 

Wasp Boulevard, Building 176, Honolulu, HI 

96818 (Responsible Party: Jamie Marchetti).

89 FR 63412, August 5, 2024 ............ September 25, 

2024. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), for Permit Nos. 

20347–02, 21163–01, and 28148, and a 

final determination has been made that 

the activities proposed are categorically 

excluded from the requirement to 

prepare an environmental assessment 

(EA) or environmental impact statement 

(EIS). 

For Permit No. 27597, a determination 

was made that the activities authorized 

are consistent with the Preferred 

Alternative in the Final Programmatic 

EIS for Steller Sea Lion and Northern 

Fur Seal Research (NMFS 2007). A 

supplemental EA (NMFS 2014) was 

prepared for the addition of unmanned 

aerial surveys to the suite of research 

activities analyzed under the EIS and 

concluded that issuance of the permits 

would not have a significant adverse 

impact on the human environment. An 

environmental review memo was 

prepared to summarize these findings. 

As required by the ESA, as applicable, 

issuance of these permit was based on 

a finding that such permits: (1) were 

applied for in good faith; (2) will not 

operate to the disadvantage of such 

endangered species; and (3) are 

consistent with the purposes and 

policies set forth in section 2 of the 

ESA. 

Authority: The requested permits 

have been issued under the MMPA of 

1972, as amended (16 U.S.C. 1361 et 

seq.), the regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216), the ESA of 

1973, as amended (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), as applicable. 

Dated: October 15, 2024. 

Julia M. Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2024–24976 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE320] 

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) (tunas, 

billfish, swordfish, and sharks) in 2025. 

EFPs and related permits other than 

LOAs exempt permit holders from 

specific portions of the regulations for 

the purposes of scientific research, data 

collection, the investigation of bycatch, 

and public display, among other things. 

LOAs acknowledge that researchers are 

conducting scientific research activities 

on board a scientific research vessel. 

Generally, EFPs and related permits are 

valid from the date of issuance through 

the end of the calendar year for which 

they are issued, unless otherwise 

specified in the permit, subject to the 

terms and conditions of individual 

permits. 

DATES: NMFS will consider written 

comments received in response to this 

notice when issuing EFPs and related 

permits. Submit comments on or before 

November 27, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2024–0109, electronically via 

the Federal e-Rulemaking Portal. Visit 

https://www.regulations.gov and type 

‘‘NOAA–NMFS–2024–0109’’ 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: HMS 

fisheries (tunas, billfish, swordfish, and 

sharks) are managed under the 2006 

Consolidated HMS Fishery Management 

Plan (FMP) and its amendments 

pursuant to the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) and consistent with the Atlantic 

Tunas Convention Act (ATCA; 16 U.S.C. 

971 et seq.). ATCA is the implementing 

statute for binding recommendations of 

the International Commission for the 

Conservation of Atlantic Tunas. HMS 

implementing regulations are 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 in cases where HMS regulations 

(e.g., fishing seasons, prohibited species, 

authorized gear, closed areas, minimum 

sizes) may otherwise prohibit scientists 

and other interested parties from 

conducting scientific research; acquiring 

information and data related to HMS 

and fishing for HMS; enhancing safety 

at sea; collecting HMS for public 

education or display; investigating 

bycatch, economic discards, or 

regulatory discards in HMS fisheries; or 

conducting other fishing activities that 

NMFS has an interest in permitting or 

acknowledging. Consistent with 

§§ 600.745 and 635.32, a NMFS 


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85516 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

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 be prohibited. 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 

NMFS counts this mortality against the 

relevant quota, as appropriate and 

applicable. The terms and conditions of 

individual permits are unique; however, 

all permits include reporting 

requirements, limit the number and/or 

species of HMS to be collected (if 

appropriate), and only authorize 

collection and/or other research 

activities in Federal waters of the 

Atlantic Ocean, Gulf of Mexico, and 

Caribbean Sea (for Atlantic tunas, we 

may authorize the activities all the way 

to shore). 

The Magnuson-Stevens Act exempts 

any scientific research activity 

conducted by a scientific research vessel 

from the definition of ‘‘fishing.’’ NMFS 

issues LOAs acknowledging such bona 

fide research activities involving species 

that are directly regulated only under 

the Magnuson-Stevens Act (e.g., most 

shark species) and not under ATCA. 

NMFS generally does not consider 

recreational or commercial vessels to be 

bona fide research vessels. However, if 

the researcher contracts a vessel 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 fishing 

vessels assisting with shark population 

surveys may be considered ‘‘bona fide 

research vessels’’ while engaged only in 

the specified research. For such 

activities, NMFS reviews the scientific 

research plans and may issue an LOA 

acknowledging that the proposed 

activity is scientific research for 

purposes of the Magnuson-Stevens Act. 

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 

conduct scientific research related to 

HMS from bona fide research vessels for 

species managed directly under this 

statute (i.e., tunas, swordfish, and 

billfish). One example of research 

conducted under SRPs would be tunas, 

swordfish, and billfish scientific surveys 

conducted from NOAA research vessels. 

NMFS issues EFPs 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 to determine billfish 

habitat use, life history, and population 

structure from private vessels; and 

tagging sharks caught on commercial or 

recreational fishing gear to determine 

post-release mortality rates from 

commercial or recreational fishing 

vessels. 

NMFS issues display permits for the 

collection of HMS for public display. 

Collection of HMS 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. Not all HMS 

can be collected for public display. 

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) 

that, among other things, prohibited the 

collection of dusky sharks for public 

display. In 2022, NMFS published a 

final rule (87 FR 39373, July 1, 2022) 

that, among other things, prohibited the 

collection of shortfin mako sharks 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 these activities were 

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 which may 

warrant further consideration, such as 

those for unanticipated research 

activities, for research that is outside the 

scope of general scientific sampling and 

tagging of HMS, or for research that is 

particularly controversial. In those 

instances, NMFS will provide 

additional opportunity for public 

comment, consistent with the 

regulations at § 600.745. 

On May 10, 2024, the Environmental 

Protection Agency published a notice 

announcing the availability of the Final 

Environmental Impact Statement for 

Amendment 15 to the 2006 

Consolidated HMS FMP (89 FR 40481). 

In Amendment 15, NMFS prefers an 

alternative that would allow for 

cooperative research via an EFP within 

the various areas that are currently 

closed to pelagic longline fishing. NMFS 

would use the data collected to help 

assess the effectiveness of the pelagic 

longline closed areas. At this time, 

NMFS has not yet published any final 

rule for Amendment 15. NMFS is not 

aware of any researchers who plan to 

conduct research specific to the 

objectives in Amendment 15 in the 

closed areas in 2025. If after the 

publication of any final rule, NMFS 

receives such applications, NMFS may 

consider providing additional 

opportunity for public comment, 

dependent upon the particulars of the 

scientific research plan submitted, 

consistent with the regulations at 

§ 600.745. 

Additionally, this notice invites 

comments on the shark research fishery, 

which NMFS implemented in 2008 

through Amendment 2 to the 2006 

Consolidated HMS FMP. NMFS 

conducts this research fishery under the 

auspices of the EFP program. Shark 

research fishery participants assist 

NMFS in collecting valuable shark life 

history and other scientific data 

required in shark stock assessments. 

Since NMFS established the shark 

research fishery, the research fishery has 

allowed for: 

• Fishery-dependent data collection 

for current and future stock 

assessments; 

• Cooperative research to meet 

NMFS’ ongoing research objectives; 

• Collection of updated life-history 

information used in the sandbar shark 

(and other species) stock assessments; 

• Data collection on habitat 

preferences that might help reduce 

fishery interactions through bycatch 

mitigation; 

• Evaluation of the utility of the midAtlantic closed area on the recovery of 

dusky sharks; 

• Collection of hook-timer and popup satellite archival tag information to 

determine at-vessel and post-release 

mortality of dusky sharks; and 

• 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, NMFS has 

required shark research fishery 

participants to retain all non-prohibited 

shark species dead at haulback and 

NMFS has counted that mortality 


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against the appropriate quotas of the 

shark research fishery participant. 

Additionally, in recent years, all shark 

research fishery participants 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 

NMFS has not yet determined the 

specific terms and conditions of the 

2025 shark research fishery permits, 

NMFS expects the terms and conditions 

to be similar to those in 2024 permits. 

For example, participants may 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 

2025 shark research fishery and 

requesting applications from interested 

and eligible shark fishermen may be 

published in the near future. NMFS 

requests public comment regarding 

NMFS’ intent to issue shark research 

fishery permits in 2025 during the 

comment period of this notice. 

Table 1 summarizes the number of 

specimens authorized under EFPs and 

related permits thus far in 2024, as well 

as the number of specimens collected in 

2023. The total amount of collections in 

2023 was within the analyzed quotas for 

all quota-managed HMS species. The 

number of specimens collected in 2024 

will be available when NMFS receives 

all 2024 interim and annual reports. 

In all cases, NMFS counts mortalities 

associated with EFPs, SRPs, or display 

permits (except for larvae) against the 

appropriate quota. In 2023, NMFS 

issued a total of 46 EFPs, SRPs, display 

permits, and LOAs for the collection, 

sampling, and/or tagging of HMS and 3 

shark research fishery permits. As of 

October 1, 2024, NMFS has issued a 

total of 46 EFPs, SRPs, display permits, 

and LOAs and 3 shark research fishery 

permits. 

TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2023 AND 2024, OTHER THAN SHARK RESEARCH

FISHERY PERMITS

Permit type Species 

2023 2024 

Permits 

issued 

Authorized 

fish 

(numbers) 1

Fish kept/ 

discarded dead 

(numbers) 

Permits 

issued 

Authorized 

fish 

(numbers) 1

EFP ...................................... HMS ..................................... 2 184 0 2 84 

Shark ................................... 8 1 N/A 0 6 0 

Tuna ..................................... 2 30 0 1 120 

SRP ..................................... HMS ..................................... 8 1,027 6 5 540 

Shark ................................... 0 0 0 1 1010 

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

Display ................................. HMS ..................................... 1 55 0 1 54 

Shark ................................... 3 223 47 3 223 

Total ................................................................................ 26 25 55 20 1 203 

LOA ...................................... Shark ................................... 20 1 N/A 102 26 1 N/A 

Note: ‘‘HMS’’ refers to multiple species being collected under a given permit type. 1 NMFS issued some EFPs, SRPs, and LOAs for the purposes of tagging and the opportunistic sampling of HMS and were not expected to result in large amounts of mortality, thus no limits on sampling were set. NMFS will account for any mortality that may occur throughout 2024 under 

the appropriate HMS research and display quota. 

NMFS does not currently anticipate 

any significant environmental impacts 

from the issuance of EFPs, SRPS, 

display permits, and shark research 

fishery permits, consistent with the 

assessment of such activities as 

identified in Categorical Exclusion B12 

of the Companion Manual for NOAA 

Administrative Order 216–6A or within 

the environmental impacts analyses in 

existing HMS actions. Existing actions 

include the 1999 FMP, the 2006 

Consolidated HMS FMP and its 

amendments, Amendment 2 to the 2006 

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. 

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; 

• The 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 analyses; and 

• Any consultations with appropriate 

Regional Fishery Management Councils, 

states, or Federal agencies. 

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

16 U.S.C. 1801 et seq. 

Dated: October 22, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–25023 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE412] 

Endangered Species; File No. 28294 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Matthew Fisher (Normandeau 

Associates Inc., 2233 Spring Street, 

West Lawn, PA 19609), has applied in 

due form for a permit to take Atlantic 

(Acipenser oxyrinchus) and shortnose 

(A. brevirostrum) sturgeon for purposes 

of scientific research. 

DATES: Written comments must be 

received on or before November 27, 

2024. 


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