49596 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices 

exceptional circumstances exist. It is 

imperative that the Judges Panel will 

meet on Sunday, November 5, 2017 

through Thursday, November 9, 2017, 

from 8:30 a.m. until 5:30 p.m. Eastern 

Time each day to accommodate the 

scheduling priorities of the key 

participants, who must maintain a strict 

schedule to review recommendations 

from site visits, and recommend 2017 

Malcolm Baldrige National Quality 

Award recipients. The Judges Panel is 

composed of twelve members, 

appointed by the Secretary of 

Commerce, with balanced 

representation from U.S. service, 

manufacturing, nonprofit, education, 

and health care industries. Members are 

selected for their familiarity with 

quality improvement operations and 

competitiveness issues of manufacturing 

companies, service companies, small 

businesses, health care providers, and 

educational institutions. Members are 

also chosen who have broad experience 

in for-profit and nonprofit areas. The 

purpose of this meeting is to review 

recommendations from site visits and 

recommend 2017 Malcolm Baldrige 

National Quality Award (Award) 

recipients. The meeting is closed to the 

public in order to protect the 

proprietary data to be examined and 

discussed at the meeting. 

The Chief Financial Officer and 

Assistant Secretary for Administration, 

with the concurrence of the Assistant 

General Counsel for Administration and 

Transactions, formally determined on 

March 21, 2017, pursuant to Section 

10(d) of the Federal Advisory 

Committee Act, in accordance with 

Section 5(c) of the Government in 

Sunshine Act, Public Law 94–409, that 

the meeting of the Judges Panel may be 

closed to the public in accordance with 

5 U.S.C. 552b(c)(4), because the meeting 

is likely to disclose trade secrets and 

commercial or financial information 

obtained from a person which is 

privileged or confidential; and 5 U.S.C. 

552b(c)(9)(B) because the meeting is 

likely to disclose information the 

premature disclosure of which would, 

in the case of any agency, be likely to 

significantly frustrate implementation of 

a proposed agency action. The meeting, 

which involves examination of current 

Award applicant data from U.S. 

organizations and a discussion of these 

data as compared to the Award criteria 

in order to recommend Award 

recipients, will be closed to the public. 

Kevin Kimball, 

NIST Chief of Staff. 

[FR Doc. 2017–23273 Filed 10–25–17; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF750 

Atlantic Highly Migratory Species; 

Exempted Fishing, Scientific Research, 

Display, and Shark Research Fishery; 

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 2018. 

EFPs and related permits would 

authorize collection of a limited number 

of tunas, swordfish, billfishes, and 

sharks (collectively known as HMS) 

from Federal waters in the Atlantic 

Ocean, Caribbean Sea, and Gulf of 

Mexico for the purposes of scientific 

data collection, bycatch research, public 

display, and to evaluate the efficacy of 

environmental clean-up efforts, among 

other things. Letters of 

acknowledgement 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, 2018, 

unless otherwise specified, subject to 

the terms and conditions of individual 

permits. 

DATES: Written comments on these 

activities 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 27, 2017. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Email: nmfs.hms.efp2018@

noaa.gov. Include in the subject line the 

following identifier: 0648–XF750 

• Mail: Craig Cockrell, Highly 

Migratory Species Management Division 

(F/SF1), NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

Craig Cockrell, phone: (301) 427–8503 

SUPPLEMENTARY INFORMATION: Issuance 

of EFPs and related permits are 

necessary because HMS regulations 

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

authorized gear, closed areas, and 

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 

activity. Pursuant to 50 CFR 600 and 

635, a 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 (e.g., 

fishing seasons, prohibited species, 

authorized gear, closed areas, and 

minimum sizes) that may otherwise 

prohibit the collection of HMS for 

public education, public display, or 

scientific research. Permit holders are 

not exempted from the regulations in 

entirety. Collection of HMS under EFPs, 

SRPs, LOAs, display, and shark research 

fishery permits represents a small 

portion of the overall fishing mortality 

for HMS, and this mortality is counted 

against the quota of the species 

harvested, 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. 

EFPs and related permits are issued 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Reauthorization Act 

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

et seq.) and/or the Atlantic Tunas 

Convention Act (ATCA) (16 U.S.C. 971 

et seq.). Regulations at 50 CFR 600.745 

and 635.32 govern scientific research 

activity, exempted fishing, and 

exempted public display and 

educational activities with respect to 

Atlantic HMS. Before issuing LOAs, 

EFPs, or SRPs, NMFS requests, among 

other things, copies of scientific 

research plans. Because the MagnusonStevens Act states that scientific 

research activity which is conducted on 

a scientific research vessel is not 

fishing, NMFS issues LOAs and not 

EFPs for bona fide research activities 

(e.g., scientific research being conducted 

from a research vessel and not a 

commercial or recreational fishing 

vessel) involving species that are only 

regulated under the Magnuson-Stevens 

Act (e.g., most species of sharks) and not 


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Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices 49597 

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. NMFS acknowledges that the 

proposed activity meets the definition of 

scientific research under the MagnusonStevens Act and not ATCA by issuing 

an LOA to researchers. Examples of 

research conducted under LOAs include 

tagging and releasing of 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 exempt 

under MSA, 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 (e.g., tunas, swordfish, 

billfish, and some species of sharks). 

One example of research conducted 

under SRPs consists of scientific 

surveys of HMS conducted from NOAA 

research vessels. 

EFPs are issued to researchers 

collecting ATCA and Magnuson-Stevens 

Act-managed species while conducting 

research from commercial or 

recreational fishing vessels. Examples of 

research conducted under EFPs include 

collection of young-of-the-year bluefin 

tuna for genetic research; conducting 

billfish larval tows from private vessels 

to determine billfish habitat use, life 

history, and population structure; 

determining catch rates and gear 

characteristics of the swordfish buoy 

gear fishery and the green-stick tuna 

fishery; and tagging sharks caught on 

commercial or recreational fishing gear 

to determining post-release mortality 

rates. 

NMFS is also seeking public comment 

on its intent to issue display permits for 

the collection of sharks and other HMS 

for public display in 2017. Collection of 

sharks and other HMS 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. 

Under Amendment 2 to the 2006 

Consolidated Atlantic HMS Fishery 

Management Plan, NMFS determined 

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 Atlantic HMS within existing quotas 

and the impacts of the activities have 

been previously analyzed in various 

environmental assessments and 

environmental impact statements for 

Atlantic HMS. 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 Atlantic HMS, 

or rarely, for research that is particularly 

controversial. Should NMFS receive 

such applications, NMFS will provide 

additional opportunity for public 

comment, consistent with the 

regulations at 50 CFR part 600.745. 

During the comment period for the 

November 2016 notice of intent to issue 

EFPs (81 FR 80646), NMFS received 

numerous comments regarding previous 

years’ white shark research in Federal 

waters, focusing primarily on concerns 

about the need for coordination among 

researchers regarding the potential 

effects of one project on another. The 

volume of these comments indicated 

that any EFPs or SRP applications 

involving white sharks in 2017 should 

be considered ‘‘controversial’’ and 

warranted additional opportunity for 

public comment. Subsequently, NMFS 

published a notice in the Federal 

Register (March 1, 2017, 82 FR 12340) 

requesting public comment on 

applications for exempted fishing 

permits and related permits for white 

shark research, particularly on two 

applications involving white shark 

research that had been received at that 

time. 

During the comment period, NMFS 

received 722 comments related to white 

shark research and the applications 

described in the notice. The majority of 

the comments were in support of 

continuing white shark research. Other 

comments that were received 

commented on a range of issues related 

to white shark research including 

concern regarding the proper handling 

of white sharks and the type of gear 

being used for research and concern 

regarding tagging operations on charter 

and private vessels due to long fight 

times on light tackle rods and reels. 

Some of the comments also stated that 

NMFS should approve EFP applications 

for white shark research on a case-bycase basis or that NMFS should stop 

issuing EFPs or related permits for 

research on sharks. After reviewing 

these comments, NMFS decided to issue 

EFPs and related permits for white 

shark research as appropriate in 2017. 

During 2018, NMFS anticipates permits 

for white shark research would be 

undertaken with substantially the same 

terms and conditions and scope as last 

year, with no additional anticipated 

effects. Comments are invited 

specifically on these issues related to 

issuance of white shark permits this 

year. 

In addition, Amendment 2 to the 2006 

Consolidated HMS Fishery Management 

Plan (FMP) implemented a shark 

research fishery. This research fishery is 

conducted under the auspices of the 

exempted fishing permit 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; and the 

collection of hook-timer and pop-up 

satellite archival tag information to 

determine at-vessel and post-release 

mortality of dusky sharks. Fishermen 

who wish to participate must fill out an 

application for a shark research permit 

under the exempted fishing program. 

Shark research fishery participants are 

subject to 100-percent observer 

coverage. All non-prohibited shark 

species brought back to the vessel dead 

must be retained and will count against 

the appropriate quotas of the shark 

research fishery participant. During the 

2017 shark research fishery, all 

participants were limited to a very small 

number of dusky shark mortalities on a 

regional basis. Once the number of 

mortalities occurs in a specific region all 

shark research fishery activities must 

stop within that region. Also, 

participants are limited to two sets per 

trip with, one set limited to 150 hooks 

and the second set limited to 300 hooks. 


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49598 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices 

All participants are also limited to a 

maximum of 500 hooks onboard the 

vessel with on a shark research fishery 

trip. A Federal Register notice 

describing the specific objectives for the 

shark research fishery in 2018 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 2018 during the 

comment period of this notice. 

The authorized number of species for 

2017, as well as the number of 

specimens collected in 2016, is 

summarized in Table 1. The number of 

specimens collected in 2017 will be 

available when all 2017 interim and 

annual reports are submitted to NMFS. 

In 2016, the number of specimens 

collected was less than the number of 

authorized specimens for all permit 

types, other than SRPs issued for shark 

research. 

In all cases, mortality associated with 

an EFPs, SRPs, or display permits 

(except for larvae) is counted against the 

appropriate quota. NMFS issued a total 

of 39 EFPs, SRPs, display permits, and 

LOAs in 2016 for the collection of HMS 

and a total of 5 shark research fishery 

permits. As of October 3, 2017, NMFS 

has issued a total of 33 EFPs, SRPs, 

display permits, and LOAs and a total 

of 5 shark research fishery permits. 

TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2016 AND 2017, OTHER THAN SHARK RESEARCH

FISHERY PERMITS

[‘‘HMS’’ refers to multiple species being collected under a given permit type.] 

Permit type 

2016 2017 

Permits 

issued** 

Authorized fish 

(num) 

Authorized 

larvae 

(num) 

Fish kept/discarded dead 

(num) 

Larvae kept 

(num) 

Permits 

issued** 

Authorized fish 

(Num)** 

EFP 

HMS ...................... 4 247 0 17 0 4 357 

Shark ..................... 12 721 0 85 0 4 57 

Tuna ...................... 4 530 0 0 0 2 350 

SRP 

HMS ...................... 1 42 0 0 0 3 260 

Shark ..................... 5 1,165 0 310 0 1 720 

Tuna ...................... 1 60 0 0 0 0 0 

Display 

HMS ...................... 0 0 0 0 0 2 88 

Shark ..................... 3 109 0 26 0 5 109 

Total ............... 30 2,874 0 0 21 1,941 

LOA* 

Shark ..................... 9 2,906 0 618 0 12 2,275 

*LOAs are issued for bona fide scientific research activities involving non-ATCA managed species (e.g., most species of sharks). Collections 

made under an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. Permittees are encouraged to report all fishing activities in a timely manner. 

**Atlantic HMS larvae were authorized for collection but no limit on the number of larvae were set. 

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, 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 NEPA 

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 as assessed 

in the 1999 FMP, the 2006 Consolidated 

HMS FMP and its amendments, the 

Environmental Assessment for the 2012 

Swordfish Specifications, and the 

Environmental Assessment for the 2015 

Final Bluefin Tuna Quota and Atlantic 

Tuna Fisheries Management Measures. 

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

U.S.C. 1801 et seq. 

Dated: October 23, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–23312 Filed 10–25–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

Names of Members of the Performance 

Review Board for the Department of 

the Air Force 

AGENCY: Department of the Air Force, 

DOD. 

ACTION: Notice. 

SUMMARY: Notice is given of the names 

of members of the 2017 Performance 

Review Board for the Department of the 

Air Force. 

DATES: These appointments are effective 

as of November 13, 2017. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 5 U.S.C. 4314(c) (1–5), the 

Department of the Air Force (AF) 

announces the appointment of members 

to the AF’s Senior Executive Service 

(SES) Performance Review Board (PRB). 

Appointments are made by the 

authorizing official. Each board member 

shall review and evaluate performance 

scores provided by the SES’ immediate 

supervisor. Performance standards must 

be applied consistently across the AF. 

The board will make final 

recommendations to the authorizing 

official relative to the performance of 

the executive. 

The members of the 2017 Performance 

Review Board for the Air Force are: 

1. Board President—Gen Ellen M. 

Pawlikowski, Commander, Air 

Force Material Command 

2. Honorable Matthew P. Donovan, 

Under Secretary of the Air Force 


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