[Federal Register: December 19, 2002 (Volume 67, Number 244)]
[Notices]
[Page 77752-77753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de02-32]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 120302A]
Magnuson-Stevens Act Provisions; Atlantic Highly Migratory
Species; Exempted Fishing and Scientific Research Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Issuance of 2003 Exempted Fishing and Scientific Research
Permits; request for comments.
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SUMMARY: NMFS announces the intent to issue Exempted Fishing Permits
(EFPs) and Scientific Research Permits (SRPs) for the collection of
Atlantic highly migratory species (HMS). These EFPs/SRPs would
authorize collections of a limited number of tunas, swordfish,
billfishes, and sharks from Federal waters in the Atlantic Ocean and
Gulf of Mexico for the purposes of scientific data collection and
public display. Generally, the EFPs will be valid through December 31,
2003. NMFS also announces the intent to issue EFPs upon receiving
applications from U.S. fishermen whose vessels fish for Atlantic HMS
while operating under contract within the Exclusive Economic Zone of
other nations. These EFPs would allow a U.S. fishing vessel to fish so
as to be consistent with another country's regulations without
violating U.S. regulations, and would ensure that such vessels report
to the proper authorities.
DATES: Written comments on these collection, research and fishing
activities will be considered by NMFS in issuing such EFPs/SRPs if
received on or before January 3, 2003.
ADDRESSES: Send comments to Christopher Rogers, Chief, Highly Migratory
Species Management Division (F/SF1), NMFS, 1315 East-West Highway,
Silver Spring, MD 20910. The EFP/SRP applications and copies of the
regulations under which EFPs/SRPs are issued may also be requested from
this address. Comments also may be sent via facsimile (fax) to
(301)713-1917. Comments will not be accepted if submitted via e-mail or
Internet.
FOR FURTHER INFORMATION CONTACT: Heather Stirratt or Sari Kiraly, 301-
713-2347; fax: 301-713-1917.
SUPPLEMENTARY INFORMATION: EFPs and SRPs are requested and issued under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and/or the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.). Regulations at 50 CFR 600.745
and 50 CFR 635.32 govern scientific research activity, exempted
fishing, and exempted educational activity with respect to Atlantic
HMS.
Issuance of EFPs and/or SRPs may be necessary because possession of
certain shark species is prohibited, possession of billfishes on board
commercial fishing vessels is prohibited, and because the commercial
fisheries for bluefin tuna, swordfish and large coastal sharks may be
closed for extended
[[Page 77753]]
periods, during which collection of live animals and/or biological
samples would otherwise be prohibited. In addition, NMFS regulations at
50 CFR 635.32 regarding implantation or attachment of archival tags in
Atlantic HMS require prior authorization and a report on implantation
activities.
NMFS seeks public comment on its intention to issue EFPs for the
purpose of collecting biological samples under at-sea fisheries
observer programs. NMFS intends to issue EFPs to any NMFS or NMFS-
approved observer to bring onboard and possess, for scientific research
purposes, biological sampling, measurement, etc., any Atlantic
swordfish, Atlantic shark, or Atlantic billfish, provided the fish is a
recaptured tagged fish, a dead fish prior to being brought onboard, or
specifically authorized for sampling by the Director of the Office of
Sustainable Fisheries at the request of the Southeast Fisheries Science
Center or Northeast Fisheries Science Center. On average, several
hundred swordfish and sharks are collected by at-sea observers under
such EFPs any given year.
Collection of bluefin tuna may be authorized for scientific
research, age and growth, genetic, and spawning studies. In 2002, five
permits for bluefin tuna archival tagging and research were issued.
EFP and SRP applications will also be considered for experiments
addressing gear modifications to reduce bycatch in the Atlantic HMS
pelagic longline fisheries. In 2002, NMFS issued one EFP allowing
commercial fishing vessels to assist NOAA scientists in conducting
bycatch reduction experiments in the Northeast Distant Waters of the
Grand Banks.
NMFS intends to continue to issue EFPs to vessel operators
requesting offloading windows in the Atlantic Swordfish fishery, in the
event the swordfish fishery is closed and a vessel is not equipped with
a vessel monitoring system (VMS) that would enable it to remain at sea
after the announced closure date. NMFS anticipates that commercial EFP
applicants would be captains of larger vessels out on extended trips at
the time of a closure announcement. These applicants would benefit from
delayed offloading by avoiding market gluts and cold storage problems.
Based on an October 16, 2002, court order, NMFS expects to re-establish
the regulations requiring VMS on HMS vessels with pelagic long line on
board. When that occurs, EFPs to allow delayed offloading would no
longer be required.
NMFS also seeks public comment on its intention to issue EFPs for
distant water pelagic longline vessels for the purpose of expanding
access of U.S. vessels into other markets while continuing to collect
information about U.S. fishing effort and landings. NMFS will consider
applications from any U.S. Atlantic pelagic longline vessel. NMFS
intends to issue such EFPs to any U.S. vessel fishing under contract to
another nation, provided its landings and discards are consistent with
ICCAT recommendations and, due to the requirements of the contract,
those landings are being reported to ICCAT by that other nation or
otherwise appropriately accounted for.
NMFS is also seeking public comment on its intention to issue EFPs
for the collection of restricted species of sharks for the purpose of
public display. In the Final Fishery Management Plan for Atlantic
Tunas, Swordfish and Sharks (HMS FMP), NMFS established a public
display quota of 60 metric tons wet weight for this purpose. NMFS has
preliminarily determined that up to 3,000 sharks could be taken with
this current quota. NMFS believes that harvesting this amount for
public display will have a minimal impact on the stock. In 2002, eight
EFPs, which authorized the collection of 695 sharks for display
purposes, were issued. Of these authorized collections, only 42 sharks
have been reported taken to date.
Generally, the authorized collections or exemptions would involve
activities otherwise prohibited by regulations implementing the HMS FMP
and Amendment 1 to the Atlantic Billfish Fishery Management Plan. The
EFPs, if issued, may authorize recipients to fish for and possess
tunas, billfishes, swordfish, and sharks outside the applicable Federal
commercial seasons, size limits and retention limits, or to fish for
and possess prohibited species.
NMFS is in the process of restructuring the procedures for issuing
Federal EFPs/SRPs for highly migratory species. NMFS initiated this
process by publishing a Notice of Intent to prepare an Environmental
Impact Statement (EIS) for Amendment 1 to the Fishery Management Plan
for Atlantic Tunas, Swordfish and Sharks on November 15, 2002 (64 FR
69236). While the Amendment is anticipated to focus primarily upon
shark management measures, consideration will be given to revising the
EFP/SRP issuance procedures for all Atlantic HMS. NMFS intends to
publish an Issues and Options paper summarizing the different
permitting options under consideration and will announce the
availability of this document at a later date.
Additionally, on December 6, 2002 (64 FR 72629), NMFS published a
proposed rule that suggests modification of existing regulations to
improve accountability of exempted fishing activities involving
Atlantic HMS. If the proposed changes are implemented, permits would be
issued under the current regulations and would be valid until the new
regulations become effective, at which time revised permits may be
issued.
Final decisions on the issuance of any EFPs/SRPs will depend on the
submission of all required information about the proposed activities,
NMFS' review of public comments received on this notice, consistency
with conclusions in the Final Environmental Impact Statement
(EIS)contained in the Final HMS FMP (64 FR 13575; March 19, 1999) and
any subsequent Environmental Assessments (EAs) and any consultations
with any appropriate Regional Fishery Management Councils, states, or
Federal agencies. NMFS does not anticipate any environmental impacts
from the issuance of these EFPs other than impacts already assessed in
the Final HMS FMP and subsequent EAs.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: December 13, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 02-31983 Filed 12-18-02; 8:45 am]
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