[Federal Register: November 4, 1999 (Volume 64, Number 213)]
[Notices]               
[Page 60173-60174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no99-42]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 071599E]

 
Magnuson-Stevens Act Provisions; Atlantic Tuna Fisheries; 
Exempted Fishing Permits (EFPs)

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

ACTION: Applications for EFPs; request for comments.

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SUMMARY: NMFS announces the receipt of applications for EFPs. If 
issued, these EFPs would authorize the retention of Atlantic tunas 
(other than bluefin tuna) by vessels participating in the coastal 
driftnet fishery for Atlantic bonito. NMFS anticipates the receipt of 
several more EFP applications for this same purpose. If EFPs are issued 
for the coastal driftnet fishery, NMFS would collect information on 
target catch and bycatch and assess the potential impacts of 
authorizing driftnet gear for certain Atlantic Highly Migratory Species 
(HMS) fisheries. While this information is being collected, issuance of 
EFPs will reduce regulatory discards of Atlantic tunas.

DATES: Written comments on NMFS' consideration to issue such EFPs must 
be received on or before December 6, 1999.


[[Page 60174]]


ADDRESSES: Send comments to Rebecca Lent, Chief, Highly Migratory 
Species Management Division (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. Copies of the EFP applications and the 
regulations governing issuance of EFPs are available upon request.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260; fax: 
978-281-9340.

SUPPLEMENTARY INFORMATION: EFPs are requested and issued under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), regulations at 50 CFR 600.745 concerning 
scientific research activity, exempted fishing, and exempted 
educational activity, and regulations at 50 CFR 635.32 concerning 
specifically authorized activities.
    The final rule to implement the Atlantic Tunas, Swordfish, and 
Sharks Fishery Management Plan (HMS FMP) prohibits the use of driftnets 
in the Atlantic tuna and swordfish fisheries (64 FR 29090, May 28, 
1999). In responding to comments on the proposed rule, NMFS recognized 
that the prohibition on driftnets for Atlantic tunas would preclude 
participants in the mid-Atlantic coastal driftnet fishery from 
retaining their catch of skipjack tuna, and advised coastal driftnet 
vessel operators who wish to use driftnet gear when targeting species 
other than Atlantic tunas (e.g., bait fish and Atlantic bonito) to 
apply to NMFS for an EFP to land incidentally caught Atlantic tunas 
(other than bluefin tuna). NMFS may issue EFPs to these individuals in 
2000 in order to collect more information on catch and bycatch in this 
fishery and help determine NMFS' future course of action relative to 
the current prohibition on driftnet gear; issuance of EFPs would reduce 
regulatory discards while NMFS collects this information. NMFS 
estimates that the prohibition of driftnet gear in the Atlantic tuna 
fisheries affects approximately 20 vessel operators in the coastal 
gillnet fishery.
    NMFS is seeking public comment on the potential impacts of issuing 
EFPs for the purpose of landing Atlantic tunas (other than bluefin 
tuna) incidentally caught in the coastal driftnet fishery. The two EFP 
requests received to date specifically request authorization to retain 
skipjack tuna. Based on 1997 landings information from the fishery 
conducted prior to the prohibition, NMFS estimates that up to 20 
vessels may request an EFP for the retention of skipjack tuna and may 
retain up to a total of 32,000 lb. (14.5 mt) of skipjack tuna. In 1998, 
Atlantic-wide landings of 31,455 mt and U.S. landings of 84.3 mt were 
reported to ICCAT for 1997. It is probable that such incidental catch 
of skipjack cannot be practically avoided and would otherwise be 
discarded dead.
    All EFPs issued during the 2000 season would expire December 31, 
2000, and reports on catch and bycatch would be required of 
participants in the exempted fishery prior to any consideration of 
renewal. A final decision on issuance of EFPs will depend on the 
submission of such required information, NMFS' review of public 
comments received on the applications, conclusions of any environmental 
analyses conducted pursuant to the National Environmental Policy Act, 
and any consultations with appropriate Regional Fishery Management 
Councils, states, or Federal agencies.

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

    Dated: October 28, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-28936 Filed 11-3-99; 8:45 am]
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