[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88733-88735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE292]


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; 2025 Research Fishery

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

ACTION: Notice; request for applications.

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SUMMARY: NMFS requests applications for the 2025 shark research fishery 
from commercial shark fishermen with Atlantic shark Directed or 
Incidental limited access permits. The shark research fishery provides 
fishery-dependent and biological data collection to support stock 
assessments and other NMFS' research and management objectives. The 
only commercial vessels authorized to land sandbar sharks are those 
participating in the shark research fishery. Shark research fishery 
participants may also land other species of sharks, dependent on the 
terms and conditions of their permit. Commercial shark fishermen who 
are interested in participating in the shark research fishery must 
submit a completed Shark Research Fishery Permit Application to be 
considered.

DATES: NMFS must receive Shark Research Fishery Permit Applications no 
later than December 9, 2024.

ADDRESSES: Please submit completed applications via email to 
<a href="/cdn-cgi/l/email-protection#f6b8bbb0a5d8a49385939784959ed8b09f859e93848fb698999797d8919980"><span class="__cf_email__" data-cfemail="410f0c07126f13243224203322296f07283229243338012f2e20206f262e37">[email protected]</span></a>.
    For copies of the Shark Research Fishery Permit Application, please 
email a request to <a href="/cdn-cgi/l/email-protection#afe1e2e9fc81fdcadccaceddccc781e9c6dcc7caddd6efc1c0cece81c8c0d9"><span class="__cf_email__" data-cfemail="a6e8ebe0f588f4c3d5c3c7d4c5ce88e0cfd5cec3d4dfe6c8c9c7c788c1c9d0">[email protected]</span></a>. Copies of the Shark 
Research Fishery Permit Application are also available on the highly 
migratory species (HMS) website at https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-exempted-fishing-permits. Please be advised that NMFS may release your 
application under the Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Delisse Ortiz 
at 301-427-8503, or email <a href="/cdn-cgi/l/email-protection#97d9dad1c4b9c5f2e4f2f6e5f4ffb9d1fee4fff2e5eed7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="256b6863760b774056404457464d0b634c564d40575c654b4a44440b424a53">[email protected]</span></a>.

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 (16 U.S.C. 
1801 et seq.) and consistent with the Atlantic Tunas Convention Act (16 
U.S.C. 971 et seq.). HMS implementing regulations are at 50 CFR part 
635. Section 635.27(b)(1) describes the commercial shark quotas, Sec.  
635.24(a)(1) includes information on retention limits, and Sec.  
635.32(f) provides details on the shark research fishery.
    In Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 40657, July 
7, 2008; corrected at 73 FR 40658, July 15, 2008), NMFS established the 
shark research fishery, in part, to maintain time series data for stock 
assessments and to meet NMFS' management and research objectives. Since 
then, the shark research fishery has allowed for:
    <bullet> Fishery-dependent data collection for current and future 
stock assessments;
    <bullet> Cooperative research to meet NMFS' ongoing objectives;
    <bullet> Data collection on life-history information used in the 
sandbar shark (and other species) stock assessments;
    <bullet> Data collection on habitat preferences that might help 
reduce fishery interactions through bycatch mitigation;
    <bullet> Evaluation of the utility of the mid-Atlantic closed area 
on the recovery of dusky sharks and collection of hook-timer and pop-up 
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks; and
    <bullet> Shark collection to determine the weight conversion factor 
from dressed weight to whole weight.
    The shark research fishery allows selected commercial fishermen the 
opportunity to earn revenue from selling additional sharks, including 
sandbar sharks. Only shark research fishery participants are authorized 
to land sandbar sharks subject to the sandbar quota available each 
year. The base annual commercial quotas for sandbar sharks is 90.7 
metric tons (mt) dressed weight (dw) and for research large coastal 
sharks (LCS) is 50 mt dw per year, although the quotas may be reduced 
in the event of overharvests. The selected shark research fishery 
participants will also be allowed to land other shark species 
consistent with any restrictions established on their shark research 
fishery permit. Generally, the shark research fishery permits are valid 
only for the calendar year for which they are issued.
    NMFS requires 100-percent observer coverage on shark research 
fishery trips. The specific 2025 trip limits and number of trips per 
month will depend on the availability of funding, number of

[[Page 88734]]

selected vessels, the availability of observers, the available quota, 
and the objectives of the research fishery, and will be included in the 
permit terms at time of issuance. The number of shark research fishery 
participants varies each year. In 2024, three fishermen participated in 
the shark research fishery. From 2008 through 2023, an average of 6 
fishermen participated in the shark research fishery each year with a 
range from 3 to 11 fishermen. Overall, the timing and number of trips 
participants take varies year-to-year based on seasonal availability of 
certain species and available quota. Specifically, the scientific and 
research needs of the Agency and the number of NMFS-approved observers 
available limits the number of trips taken per month. In the last few 
years, participating vessels on average have been able to take one trip 
per month. Participants may also be limited in the amount of gear they 
can deploy on a given set (e.g., number of hooks and sets, soak times, 
length of longline). These limits have changed both between years and 
during the year depending on research goals and bycatch limits.
    In 2024, NMFS split 90 percent of the sandbar and LCS research 
fishery quotas equally among selected participants, with 16.3 mt dw 
(35,935 pounds (lb) dw) of sandbar shark research fishery quota and 9.0 
mt dw (19,841 lb dw) of other LCS research fishery quota available to 
each vessel. NMFS held the remaining quota in reserve to ensure that 
shark research fishery participants did not exceed the overall sandbar 
and LCS research fishery quotas. NMFS may use this process again for 
the 2025 research fishery quotas or may consider other methods of 
distributing the available quotas. Shark research fishery participants 
will be notified of their sandbar and LCS research fishery quotas upon 
issuance of their shark research fishery permits.
    In 2024, NMFS continued to implement a regional dusky shark bycatch 
limit, which was first established in the shark research fishery in 
2013, applicable to four regions across the Gulf of Mexico and 
Atlantic. Per the terms and conditions in the shark research fishery 
permit, under this limit, when shark research fishery participants 
bring four or more dusky sharks to the vessel dead in a region, the 
shark research fishery participants in that region are prohibited from 
soaking their gear for longer than 3 hours. If, after the change in 
soak time, three additional dusky shark interactions (alive or dead) 
are observed, shark research fishery participants are prohibited from 
making a trip in that region for the remainder of the year, unless 
otherwise permitted by NMFS. NMFS established slightly different 
measures for shark research fishery participants in the mid-Atlantic 
shark closed area in order to allow NMFS observers to place satellite 
archival tags on dusky sharks and collect other scientific information 
on dusky sharks while also minimizing any dusky shark mortality. NMFS 
expects to continue to implement the dusky shark bycatch limit in 2025.
    Also in 2024, NMFS provided monetary compensation to participants 
who had electronic monitoring (EM) sensors installed and operating on 
their vessels for some of their shark research fishery trips. 
Similarly, NMFS may provide participants monetary compensation in 2025 
for some fishing trips, dependent on the fulfillment of any relevant 
requirements in the terms and conditions of the permit.
    To be considered for selection to participate in the shark research 
fishery, commercial shark fishermen must submit a completed Shark 
Research Fishery Permit Application by the deadline noted above (see 
DATES) showing that the vessel and owner(s) meet the specific criteria 
outlined below.

Shark Research Fishery Objectives

    As established in Amendment 2, each year, a shark board, which is 
comprised of NMFS representatives from the Southeast Fisheries Science 
Center (SEFSC) Panama City Laboratory, the Southeast Regional Office 
Protected Resources Division, and the HMS Management Division, develops 
the shark research fishery objectives for that year. The 2025 
objectives are based on various documents, including the May 2020 
Biological Opinion on the Operation of the Atlantic Highly Migratory 
Species Fisheries Excluding Pelagic Longline and stock assessments for 
various Atlantic shark species (stock assessments can be found at 
https://sedarweb.org/).
    The 2025 objectives are:
    <bullet> Collect reproductive, length, sex, and age data from 
sandbar and other sharks throughout the calendar year for species-
specific stock assessments;
    <bullet> Monitor the size distribution of sandbar sharks and other 
species captured in the fishery;
    <bullet> Collect information regarding depredation events;
    <bullet> Continue ongoing shark tagging programs for identification 
of migration corridors and stock structure using dart and/or spaghetti 
tags;
    <bullet> Maintain time-series of abundance from previously derived 
indices for the shark bottom longline observer program;
    <bullet> Acquire fin-clip samples of all shark and other species 
for genetic analysis;
    <bullet> Attach satellite archival tags to endangered smalltooth 
sawfish to provide information on critical habitat, preferred depth, 
and post-release mortality, consistent with the requirements listed in 
the take permit issued under section 10 of the Endangered Species Act 
to the SEFSC Observer Program;
    <bullet> Attach satellite archival tags to prohibited dusky and 
other sharks (see table 1 of appendix A to part 635), as needed, to 
provide information on daily and seasonal movement patterns, and 
preferred depth;
    <bullet> Evaluate hooking mortality and post-release survivorship 
of dusky, hammerhead, blacktip, and other sharks using hook-timers and 
temperature-depth recorders;
    <bullet> Evaluate the effects of controlled gear experiments to 
determine the effects of potential hook changes to prohibited species 
interactions and fishery yields;
    <bullet> Examine the size distribution of sandbar and other sharks 
captured including in the Mid-Atlantic shark time/area closure off the 
coast of North Carolina from January 1 through July 31;
    <bullet> Develop allometric and weight relationships of selected 
species of sharks (e.g., hammerhead sharks, sandbar shark, blacktip 
shark);
    <bullet> Collect samples such as liver and muscle plugs for stable 
isotope analysis as a part of a trophic level-based ecosystem study; 
and
    <bullet> Examine the feasibility of using EM to accurately measure 
soak times of bottom longline sets. This specific objective may require 
participating vessels to have EM system sensors installed for the 
duration of the 2025 research fishery. During each research trip, the 
EM sensors must be operating. NMFS will remove the sensors after the 
end of the 2025 research fishery.

Selection Criteria

    NMFS will only accept Shark Research Fishery Permit Applications 
from commercial shark fishermen who hold a current Atlantic shark 
Directed or Incidental limited access permit. If NMFS receives a large 
number of applications, NMFS will give priority to Directed limited 
access permit holders to ensure that shark research fishery 
participants land an appropriate number of sharks to meet the 
objectives.
    The Shark Research Fishery Permit Application includes, but is not 
limited

[[Page 88735]]

to, a request for the following information:
    <bullet> Type of commercial shark permit possessed;
    <bullet> Past participation and availability in the commercial 
shark fishery (not including sharks caught for display);
    <bullet> Past and present availability to participate in the shark 
research fishery year-round;
    <bullet> Ability to fish in the regions and seasons requested;
    <bullet> Ability to attend necessary meetings regarding the 
objectives and research protocols of the shark research fishery; and
    <bullet> Ability to carry out the 2025 shark research fishery 
objectives of the Agency.
    NMFS will give preference to those applicants who are willing and 
available to fish year-round and who affirmatively state that they 
intend to do so, to ensure the timely and accurate data collection NMFS 
needs to meet this year's shark research fishery objectives. NMFS will 
not consider an applicant who has been charged criminally or civilly 
(e.g., issued a Notice of Violation and Assessment (NOVA) or Notice of 
Permit Sanction) for any HMS-related violation for participation in the 
shark research fishery. In addition, NMFS will not consider applicants 
who were selected to carry an observer in the previous 2 years for any 
HMS fishery but failed to contact NMFS to arrange the placement of an 
observer or failed to comply with any other observer regulations per 
Sec.  635.7. NMFS will make exceptions for vessels that were selected 
for HMS observer coverage but did not fish in the quarter when selected 
and thus did not require an observer. NMFS will not consider applicants 
who do not possess a valid U.S. Coast Guard safety inspection decal 
when they submit their application. Applicants who have been non-
compliant with any of the HMS observer program regulations in the 
previous 2 years, as described above, may be eligible for future 
participation in the shark research fishery by demonstrating 2 
subsequent years of compliance with observer regulations at Sec.  
635.7.

Selection Process

    The HMS Management Division will review all applications received 
by the deadline (see DATES) and develop a list of qualified applicants 
(i.e., the application is complete and the applicant meets the 
selection criteria listed above) for participation in the 2025 shark 
research fishery. The HMS Management Division will provide the list of 
qualified applicants, without identifying information, to the SEFSC. 
The SEFSC will then evaluate the list of applicants and, based on the 
temporal and spatial needs of the objectives, the availability of 
observers, the availability of applicants, and the available quota for 
a given year, will select applicants to conduct the prescribed research 
as part of the shark research fishery. If NMFS determines that a public 
meeting is necessary, NMFS will announce details of a public selection 
meeting in a subsequent Federal Register notice.
    Once the selection process is complete, NMFS will notify the 
selected applicants and issue the shark research fishery permits. The 
shark research fishery permits will be valid through December 31, 2025, 
unless otherwise specified. If needed, NMFS will arrange a captain's 
meeting with the shark research fishery participants to discuss the 
objectives and protocols. In the past, NMFS has often held mandatory 
captain's meetings before placing observers on vessels, particularly if 
there are participants who have not participated in recent years or if 
there are changes in the permit terms and conditions from previous 
years; NMFS may hold one for the 2025 shark research fishery in early 
2025. Once the fishery starts, shark research fishery participants must 
contact NMFS or the NMFS-designee to arrange the placement of a NMFS-
approved observer for each shark research trip, and in the beginning, 
if needed, to arrange the installation of the specific EM sensor on the 
vessel. Selected applicants must allow observers the opportunity to 
perform their duties and assist observers as necessary. At the end of 
the shark fishery, if applicable, shark research fishery participants 
must contact NMFS or a NMFS-designee to have the EM sensors removed 
from the vessel.
    A shark research fishery permit will only be valid for the vessel, 
owner(s), and terms and conditions listed on the permit, and, thus, 
cannot be transferred to another vessel or owner(s). Shark research 
fishery participants must carry a NMFS-approved observer on shark 
research fishery trips. However, issuance of a shark research fishery 
permit does not guarantee that the permit holder will be assigned a 
NMFS-approved observer on any particular trip. Rather, issuance 
indicates that a vessel may be issued a NMFS-approved observer for a 
particular trip, and on such trips, may be allowed to harvest Atlantic 
sharks, including sandbar sharks, in excess of the retention limits 
described in Sec.  635.24(a). Applicable retention limits will be based 
on available quota, number of vessels participating in the 2025 shark 
research fishery, NMFS' shark research fishery objectives, the extent 
of other restrictions placed on the vessel, and may vary by vessel and/
or location. When not operating under the auspices of the shark 
research fishery, the vessel would still be able to land other shark 
species subject to existing retention limits on trips without a NMFS-
approved observer. Additionally, during those times, the vessel would 
not need to operate the EM sensors.
    NMFS annually invites commercial shark limited access permit 
holders (Directed and Incidental) to submit an application to 
participate in the shark research fishery (see ADDRESSES). Final 
decisions on the issuance of a shark research fishery permit will 
depend on the submission of all required information by the deadline 
(see DATES), and NMFS' review of applicant information as outlined 
above. The 2025 shark research fishery will start after the commercial 
shark fishery opens on January 1, 2025 under base quotas and default 
retention limits, unless otherwise published in the Federal Register.

    Dated: November 5, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-26050 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-22-P


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