[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13864-13865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04820]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC266
Atlantic Highly Migratory Species; Exempted Fishing, Scientific
Research, Display, and Chartering Permits; Letters of Acknowledgment
AGENCY: National Marine Fisheries Service (NMFS or we), National
Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; Summary of Comments Received.
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SUMMARY: We announce the availability of public comments received
regarding our intent to issue Exempted Fishing Permits (EFPs),
Scientific Research Permits (SRPs), Display Permits, Letters of
Acknowledgment (LOAs), and Chartering Permits for the collection of
Atlantic highly migratory species (HMS) in 2013. On November 20, 2012,
we published a Notice of Intent (NOI) announcing our intent to issue
these permits in 2013. In general, EFPs and related permits would
authorize collection of a limited number of tunas, swordfish,
billfishes, and sharks from Federal waters in the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico for the purposes of scientific data
collection and public display. Comments were accepted on the NOI until
December 20, 2012.
ADDRESSES: The 2012 NOI comments received and additional information
concerning the Atlantic HMS Exempted Fishing Permit program are
available from Craig Cockrell or Michael Clark, Highly Migratory
Species Management Division, Office of Sustainable Fisheries, NMFS,
1315 East West Highway, Silver Spring, MD 20910. Comments received on
the NOI are posted on the Atlantic Highly Migratory Species Management
Division's Web site: http://www.nmfs.noaa.gov/sfa/hms/.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell or Michael Clark,
phone: (301) 427-8503, fax: (301) 713-1917.
SUPPLEMENTARY INFORMATION: On November 20, 2012, we published a Notice
of Intent (NOI) announcing our intent to issue EFPs, SRPs, Display
Permits, LOAs, and Chartering permits for the collection of HMS in
2013. In general, EFPs and related permits would authorize the
collection and tagging of a limited number of tunas, swordfish,
billfishes, and sharks from Federal waters in the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico for the purposes of scientific data
collection and public display. Comments were accepted on the NOI until
December 20, 2012.
In general, the goal of the annual NOI to issue EFPs, SRPs, Display
Permits, and Chartering Permits is to inform the public that the Agency
may receive applications for research and other purposes in 2013.
Regulations specific to the Atlantic HMS EFP program at 50 CFR 635.32
(a)(1) indicate that ``consistent with the provisions of Sec. 600.745
of this chapter, except as indicated in this section, we may authorize
activities otherwise prohibited by the regulations contained in this
part for the conduct of scientific research, the acquisition of
information and data, the enhancement of safety at sea, the purpose of
collecting animals for public education or display, the investigation
[[Page 13865]]
of bycatch, economic discard and regulatory discard, or for chartering
arrangements.'' Further, 50 CFR 635.32 (g) indicates ``we may
consolidate requests for the purpose of obtaining public comment for
Atlantic HMS EFPs. In such cases, we may file with the Office of the
Federal Register, on an annual or more frequent basis as necessary, a
notification of previously authorized activities and information
concerning applications that we may receive in the forthcoming year.''
The annual NOI meets the requirements of both 50 CFR 635.32 (a)(1) and
50 CFR 600.745 in most cases and, in cases where the requested activity
is outside the scope of general scientific sampling and tagging, a
separate notice is provided. Other relevant information related to the
statutory authority for issuance of EFPs and related permits is
described in the NOI published on November 20, 2012, and is not
repeated here.
The majority of EFPs and related permits described within the
annual NOI relate to scientific sampling and tagging of Atlantic HMS.
The majority of these types of permits and the impacts of the
activities conducted under these permits have been previously analyzed
in various environmental assessments and environmental impact
statements for Atlantic HMS. As such, generally, we do not receive
significant comments from the public. Because our intent to issue such
permits has not changed, we will issue these types of permits without
public comment beyond the opportunity provided in the annual NOI.
However, occasionally we do receive applications for permits that were
not anticipated or where the research being conducted is outside the
scope of general scientific sampling and tagging of Atlantic HMS. When
we receive such applications, we will provide the public additional
opportunity to comment, consistent with regulations in 50 CFR 600.745.
On the November 2012 NOI, we received numerous public comments, the
majority of which expressed concern regarding EFP applications that may
request access to the Florida East Coast or Charleston Bump time/area
closures using pelagic longline vessels to conduct research. Commenters
on this subject did not support this type of research. At this time, we
have not received any applications requesting access to these, or other
closed areas, using pelagic longline vessels. Rather, similar to NOIs
published in the past for the Atlantic HMS EFP program, the goal of
this past NOI was to inform the public that the Agency may be receiving
applications for this type of research in 2013. As is true for any
application, if applications are received in 2013 that are beyond the
scope of the NOI, we would complete additional analyses evaluating the
impacts on the human environment of this type of research and, if
warranted, allow additional opportunity for the public to comment on
the proposed activities before issuing any formal authorization or EFP.
Specifically on closed area research, compensation fishing, and
aquaculture requests that require exemption from regulation, we will
provide additional opportunities for public comment when complete
applications are received and necessary analyses have been conducted.
We also received comments in opposition to the issuance of EFPs for
the culture of bluefin tuna without additional opportunity for public
comment. This comment stemmed from the issuance of an EFP in 2012 to
scientists interested in conducting experiments to culture yellowfin
and bluefin tuna in land-based recirculating tanks. The 2012 EFP
authorized the collection of up to six yellowfin and bluefin tuna using
rod and reel. The 2012 permit was issued without the Agency seeking
additional public comment on the activity because of the limited scope
of the activity and the fact that no tuna captured under the authority
of the permit would be sold or released back into the ocean. The
applicants did not catch any bluefin tuna that were under the
recreational size limit in 2012. As stated above, due in part to the
comment received on the NOI, we will provide additional opportunities
for public comment when complete applications on aquaculture, closed
area research, or compensation fishing are received and necessary
analyses have been conducted.
A comment was received citing a requirement at 50 CFR 600.745
(b)(3)(i) that we seek public comment for 15-45 days on every
application, prior to issuing a permit. As described above, we believe
the annual NOI provides the opportunity for public comment in most
cases. However, we will provide additional opportunity for the public
to comment in 2013 if applications are beyond the scope of general
scientific sampling and tagging of HMS, and specifically for any
applications received that involve aquaculture, closed area research,
or compensation fishing.
We also received several comments in support of issuance of Display
Permits for collection of Atlantic HMS for public display and
education.
Final decisions on the issuance of any EFPs, SRPs, Display Permits,
and Chartering Permits will depend on the submission of all required
information about the proposed activities; public comments received on
the November 20, 2012, NOI; an applicant's reporting history on past
permits 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. We do not anticipate any significant
environmental impacts from the issuance of EFPs and related permits as
assessed in the 1999 Fishery Management Plan, Amendment 2 to the 2006
Consolidated HMS FMP, 2011 Bluefin Tuna Specifications, and 2012
Swordfish Specifications.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: February 26, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-04820 Filed 2-28-13; 8:45 am]
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