[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54558-54559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19505]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE036


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Exempted Fishing Permit

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

ACTION: Notice of receipt of an application for an exempted fishing 
permit; request for comments.

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SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from the Florida Keys Commercial Fisherman's 
Association (Association). If granted, the EFP would authorize the 
deployment of four fish trap designs at several sites in the Federal 
waters of the Gulf of Mexico (Gulf) and the South Atlantic to determine 
the effectiveness of these gear types for attracting and collecting 
invasive lionfish and to obtain lionfish life-history information over 
a 1 year period. The EFP would also utilize an outreach and education 
program to inform the public about the status of lionfish as an 
invasive species, efforts to control the spread of the population, and 
utilization of lionfish as a consumer food source.

DATES: Written comments must be received on or before September 15, 
2016.

ADDRESSES: You may submit comments on the application by any of the 
following methods:
     Email: [email protected]. 
Include in the subject line of the email comment the following document 
identifier: ``Association Lionfish_EFP''.
     Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    The application and related documents are available for review upon 
written request to any of the above addresses.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The EFP is requested under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.), and regulations at 50 CFR 600.745(b) concerning exempted 
fishing.
    Lionfish is an invasive species that occurs in both the Gulf and 
South Atlantic. The harvest of lionfish in the Federal waters of the 
Gulf and South Atlantic is not currently managed. The EFP request, 
however, involves the use of prohibited gear types. Federal regulations 
prohibit the use or possession of a fish trap in Federal waters in the 
Gulf of Mexico and South Atlantic, except in certain fisheries with 
certain approved traps (50 CFR 622.2 and 622.9(c)). In Gulf Federal 
waters, crustacean traps are allowed for the

[[Page 54559]]

commercial harvest of spiny lobster (50 CFR 622.2 and 622.405), and in 
South Atlantic Federal waters, black sea bass pots are allowed for the 
commercial harvest of black sea bass, golden crab traps are allowed for 
the commercial harvest of golden crab, and crustacean traps are allowed 
for the commercial harvest of spiny lobster (50 CFR 622.2, 622.198, 
622.248, 622.249, and 622.405). The EFP would exempt this research 
activity from Federal regulations at 50 CFR 622.9(c).
    The purpose of this study is to test the effectiveness of different 
trap designs in capturing lionfish in the Gulf and South Atlantic with 
a goal of determining the performance of traps as part of a lionfish 
population control program. Additionally, the project would collect 
information on lionfish population distribution, density, and life-
history information. The applicant also proposes to develop and utilize 
an outreach and education program to further increase awareness about 
the lionfish, its status as an invasive species, efforts to control the 
spread of the population, and utilization of lionfish as a consumer 
food source.
    The Association requests authorization to deploy four fish trap 
designs at reef sites in the Federal waters of the Gulf and South 
Atlantic to target lionfish. Fish trap deployment in the Gulf would be 
off west central Florida (Tampa, FL), in the South Atlantic off east 
central Florida (Ponce Inlet, FL) and South Carolina (Murrells Inlet, 
SC), and in the Florida Keys.
    As described in the application, the four fish trap designs to be 
tested are wood spiny lobster trap, wire basket spiny lobster trap, 
rectangular wire trap, and sea bass pot. All four designs would have 
biodegradable trap panels and modified funnels not to exceed 4 by 7 
inches (10 by 18 cm). Current project plans would have 25 of each of 
the 4 trap types deployed on the seafloor in a combination resulting in 
4 strings of 25 traps per string at each of the four locations twice 
per month during a 12-month period during the project. The depth of 
trap deployment is expected to be between 65 to 300 ft (20 to 91 m). 
Trap soak time will range from several hours to 2 weeks depending on 
trap type and location. Setting and hauling of the traps is expected to 
occur during daylight hours. Bait to be used in the traps would include 
live lionfish, cowhide strips, and/or female lionfish gonads. Sampling 
at each site would be limited to 100 days per year.
    Vessels to be used in the proposed study would be federally 
permitted commercial fishing vessels under contract to the Association. 
Vessel crew or observers onboard the contract vessels during the 
sampling trips would collect and record date and time of trap 
deployment and retrieval, location, water depth, and collect biological 
samples. Video images would also be used to assess the success of the 
trap designs as structures for attracting lionfish. A percentage of the 
lionfish catch would be retained for further biological sampling and 
analysis under the study, a percentage would be tagged and released, 
and a percentage would be retained to promote lionfish as a food source 
to the consumer. All other fish species caught in the traps would be 
released and returned to depth using decompression devices; only 
lionfish would be retained in the project.
    The applicant has requested the EFP be effective for a 1-year 
period from the date any EFP is issued.
    The applicant is still in the process of obtaining funding for this 
research. Therefore, further information regarding the specific 
locations for sampling, sampling methods and schedule, are not yet 
available. If, based on this additional information, the permit as 
granted is significantly different from the original application, NMFS 
may publish notification in the Federal Register describing the 
exempted fishing to be conducted under the EFP.
    NMFS finds this application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on this 
permit, if they are granted, include but are not limited to, a 
prohibition of conducting research within marine protected areas, 
marine sanctuaries, special management zones, or artificial reefs 
without additional authorization. Additionally, NMFS may require 
special protections for species listed under the Endangered Species Act 
and their critical habitat. A final decision on issuance of the EFP 
will depend on NMFS' review of public comments received on the 
application, consultations with the appropriate fishery management 
agencies of the affected states, the Gulf of Mexico and South Atlantic 
Fishery Management Councils, and the U.S. Coast Guard, and a 
determination that they are consistent with all applicable laws.

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

    Dated: August 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-19505 Filed 8-15-16; 8:45 am]
 BILLING CODE 3510-22-P