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Magnuson-Stevens Act Provisions; Atlantic Highly Migratory Species; Exempted Fishing and Scientific Research Permits

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: January 4, 2001 (Volume 66, Number 3)]
[Notices]
[Page 779-780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja01-33]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122800D]


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 2001 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. 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. The EFPs
will be valid through May 31, 2001, at which time revised regulations
regarding permit issuance procedures and conditions are scheduled to go
into effect and revised permits may be issued. NMFS also announces the
intent to issue EFPs upon receiving applications from U.S. fishermen
whose vessels fish for Atlantic highly migratory species while
operating under contract with interests in other fishing 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 19, 2001.

ADDRESSES: Send comments to Christopher Rogers, Acting 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: Sari Kiraly, 301-713-2347; fax: 301-
713-1917.

SUPPLEMENTARY INFORMATION: EFPs and SRPs are requested and issued under
the

[[Page 780]]

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 highly migratory
species.
    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 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 highly migratory species require prior
authorization and a report on implantation activities.
    NMFS also 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. In total, 169 swordfish
and 44 sharks were collected by at-sea observers under such EFPs in
2000.
    Collection of bluefin tuna would be authorized for scientific
research age and growth, genetic, and spawning studies. In 2000, five
permits for bluefin tuna archival tagging and research were issued. In
2001, pursuant to ICCAT recommendations calling for research that
addresses bluefin tuna spawning locations, NMFS intends to issue SRPs
and/or EFPs for U.S. participation in an international program that
could involve the landing of up to 15 metric tons of bluefin tuna for
scientific sampling. This would be in addition to SRPs and EFPs issued
for other tuna research.
    NMFS also 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 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.
    Several EFPs have been issued in the past authorizing the retention
of Atantic Skipjack tuna as an allowable incidental species while
fishing for other species using coastal driftnet gear. Comments have
been received that vessels intend to participate in this fishery during
2001, and NMFS intends to issue a limited number of EFPs again to
collect vessel effort information and to monitor bycatch of all species
caught by coastal driftnetters while fishing for other species.
    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 would 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 purposes of
public display. In the HMS FMP, NMFS established a public display quota
of 60 metric tons wet stweight for this purpose. NMFS has preliminarily
determined that up to 3,000 sharks could be taken with this current
quota and such harvest would be consistent with the most recent
environmental impact statement prepared for this fishery. NMFS believes
that harvesting this amount for public display will have a minimal
impact on the stock. In 2000, 14 EFPs were issued for the collection of
sharks for display purposes.
    Generally, the authorized collections or exemptions would involve
activities otherwise prohibited by regulations implementing the Final
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks (HMS
FMP) and Amendment 1 to the Atlantic Billfish Management Plan. The
EFPs, if issued, would 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.
    In the near future, NMFS intends to undertake rulemaking to revise
general aspects of the procedures for issuing EFPs. Permits will be
issued under the current regulations and be valid until new regulations
become effective, which is expected to be June 1, 2001, at which time
revised permits may be issued. A final decision on 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, conclusions of any environmental analyses conducted
pursuant to the National Environmental Policy Act, and on 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 Environmental Impact Statement
(EIS) and any subsequent Environmental Assessments or EISs contained in
the Final HMS FMP (64 FR 13575; March 19, 1999).

    Authority: 16 U.S.C. 971 et seq.and 16 U.S.C. 1801 et seq.

    Dated: December 28, 2000.
Valerie L. Chambers,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 01-204 Filed 1-3-01; 8:45 am]
BILLING CODE 3510-22-S

 
 

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