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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85515-85517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25023]

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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.

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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) (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, 
[email protected].

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 Sec.  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 Sec. Sec.  
600.745 and 635.32, a NMFS

[[Page 85516]]

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 Sec.  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 
Sec.  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 mid-Atlantic closed area 
on the recovery of dusky sharks;
     Collection of hook-timer and pop-up 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

[[Page 85517]]

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
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                                                                                                    2023                                 2024
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                                                                                              Authorized                                     Authorized
                 Permit type                              Species                 Permits        fish          Fish kept/        Permits        fish
                                                                                  issued       (numbers)     discarded dead      issued       (numbers)
                                                                                                  \1\          (numbers)                         \1\
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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
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    Total....................................................................            26            25                 55            20       \1\ 203
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LOA.........................................  Shark..........................            20       \1\ N/A                102            26       \1\ N/A
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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
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