[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Notices]
[Pages 12149-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05603]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG033


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit; 
Correction

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

ACTION: Notice of receipt of applications for exempted fishing permits; 
request for comments; correction.

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SUMMARY: NMFS announces the receipt of five applications for exempted 
fishing permits (EFPs) from the Florida Fish and Wildlife Conservation 
Commission (FWC), Alabama Department of Conservation and Natural 
Resources (ADCNR), Mississippi Department of Marine Resources (MDMR), 
Louisiana Department of Wildlife and Fisheries (LDWF), and Texas Parks 
& Wildlife Department (TPWD). If granted, the EFPs would authorize the 
applicants, with certain conditions, to set the season(s) for red 
snapper caught by the private angling component, the Federal charter 
vessel/headboat (for-hire) component, or both, as applicable, and 
landed in each respective state. The EFPs would do so by exempting 
persons from the annual closed Federal fishing seasons if they are 
landing red snapper in the participating states during the states' open 
seasons as set by those states, and described in more detail below. 
These annual closed Federal fishing seasons are the seasonal closure 
for red snapper which is January 1 through May 31 each year, and the 
closures that occur based on when NMFS projects that the red snapper 
annual catch targets will be reached. The private angling component 
includes state-permitted for-hire vessels and any red snapper landings 
by these for-hire vessels would be counted against the private angling 
component quota. However, these state-permitted for-hire vessels would 
not be able to fish in Federal waters. NMFS would set separate Federal 
seasons for Federally permitted for-hire vessels and private-anglers 
not covered by any EFP. Red snapper landings would be monitored by the 
respective states and the state seasons set under the EFPs would close 
when a state's assigned quota is reached, or projected to be reached. 
These studies, to be conducted in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf), are intended to test the effectiveness of 
Gulf state management of recreationally caught red snapper. This notice 
is republished in its entirety and serves to correct information 
previously published in the Federal Register on March 12, 2018, 
concerning FWC, ADCNR, and TPWD application details.

DATES: Written comments must be received on or before April 2, 2018.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2018-0029'', by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0029, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Peter Hood, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter

[[Page 12150]]

``N/A'' in the required fields if you wish to remain anonymous).

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

SUPPLEMENTARY INFORMATION: The EFPs are requested under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.), and regulations at 50 
CFR 600.745(b) concerning exempted fishing.
    On March 12, 2018, NMFS published in the Federal Register a notice 
of receipt of applications for EFPs and requested public comment (83 FR 
10683). In that notice, four statements were in error. First, the 
amount of red snapper requested by FWC was incorrectly stated as 
1,305,360 lb (592,101 kg), round weight. This is the amount that 
Florida used to project its season, which is 20 percent below the 
requested amount of 1,631,700 lb (740,127 kg), round weight. Also, the 
FWC proposed response to any overage of the quota in 2018 was not 
accurately stated; FWC would not reduce the quota for 2019, but would 
adjust the season in 2019. Next, the published notice contained the 
statement ``Currently, ADCNR is projecting a 47-day season from June 1 
through July 17.'' That statement is incorrect as the planned season of 
47 fishing days for Alabama in 2018 is not intended to consist of 
consecutive calendar days but instead to consist of weekends only. 
Therefore, the sentence should read as, ``Currently, ADCNR is 
projecting a season of 47 fishing days.'' Finally, the amount of red 
snapper requested by TPWD was incorrectly stated as 1,056,495 lb 
(479,218 kg), round weight. This amount was based on the 2017 adjusted 
recreational quota while the correct amount requested was 1,077,280 lb 
(488,646 kg), round weight, and is based on the 2018 recreational 
quota. The previously published comment period deadline of April 2, 
2018, remains in effect and all comments received from either the March 
12, 2018, or this notice will be considered.
    Currently, the recreational harvest of red snapper in the Gulf EEZ 
is managed, among other measures, through the use of a 2-fish 
recreational bag limit, 16-inch (40-6 cm), total length (TL) minimum 
size limit, and separate quotas and annual catch targets (ACTs) for the 
private angling and Federal for-hire components within the recreational 
sector. State-permitted for-hire vessels are included in the private 
angling component, but are not able to fish in Federal waters. The 
recreational sector for red snapper in or from Federal waters is closed 
from January 1 through May 31 each year. Prior to June 1 each year, 
NMFS determines the respective component Federal season lengths based 
on the ACTs, taking into account red snapper recreational seasons in 
state waters. The recreational components were established through 
Amendment 40 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (FMP), which allocated red snapper resources 
between the private angling and Federal for-hire components; 
established component-specific accountability measures (AMs) through 
the use of component ACTs to reduce the likelihood of quota overages, 
and implemented a 3-year sunset provision for the regulations 
implemented through Amendment 40 (80 FR 22422, April 22, 2015). The 
sunset provision was subsequently extended for an additional 5 years 
(through December 31, 2022) by Amendment 45 to the FMP (81 FR 86971, 
December 2, 2016). The Gulf EEZ recreational quota for red snapper is 
6.733 million lb (3.054 million kg), round weight. The current 
component quotas are 2.848 million lb (1.292 million kg), round weight, 
for for-hire and 3.885 million lb (1.762 million kg), round weight, for 
private angling.
    The recreational harvest of red snapper is also constrained by 
section 407(d) of the Magnuson-Stevens Act. This section requires 
separate quotas for commercial and recreational fishing (which for the 
purposes of the subsection includes charter fishing), and a prohibition 
on the retention of fish when each sector quota is reached. Thus, 
should the total recreational sector quota be reached, recreational 
fishing in the Gulf EEZ is prohibited.
    The marine resource management agencies of the five Gulf states 
have submitted EFP applications for the recreational harvest of red 
snapper for the 2018 and 2019 fishing years. These EFPs would be used 
to test data collection and quota monitoring efforts for state 
management of red snapper. Under the proposed EFPs, persons landing red 
snapper in the participating states would be exempt from current 
Federal regulations authorizing the annual closed Federal fishing 
seasons (seasonal closure and ACT closure) and, therefore, could fish 
for and possess red snapper in the EEZ consistent with the state 
seasons. The timing of state season openings would be determined by 
each state. Each Gulf state would monitor its respective recreational 
landings, and if the landings reach, or are projected to reach, the 
assigned quota, the state would close its season for the remainder of 
the fishing year. Private anglers and for-hire operators landing red 
snapper in the states participating in the EFPs would be required to 
have the appropriate permits and licenses for the states where they 
will land the fish and abide by any other relevant Federal regulations, 
including a recreational bag limit of 2 fish per person per day and a 
minimum size limit of 16 inches (40.6 cm), TL. The following provides 
an overview of each state's EFP application. More detailed information 
is provided in the respective applications and can be viewed at 
website: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/LOA_and_EFP/2018/RS%20state%20pilot/home.html.

FWC

    FWC requests an EFP to conduct a pilot study during the 2018 and 
2019 fishing years to test data collection and quota monitoring 
methodologies for the private angling component. The EFP application 
does not include federally permitted for-hire vessels. FWC requests 
that 1,631,700 lb (740,127 kg), round weight, of red snapper from the 
Gulf recreational private angling component quota be made available 
each year for fish landed in Florida. This requested quota is based on 
the proportion of red snapper landed in Florida during 2006 through 
2015, except for 2010 landings, which are excluded as a result of the 
Deepwater Horizon MC252 oil spill. The quota, reduced by a 20 percent 
buffer to account for management uncertainty, would be the basis for 
calculating Florida's Special Red Snapper Fishing Season. Private 
anglers would be required to sign up for the state's Gulf Reef Fish 
Angler program to land select reef fish species not included in the EFP 
application and still subject to applicable regulations, as well as red 
snapper. Red snapper landings would be monitored through the state's 
Gulf Reef Fish Survey. In addition, anglers would provide landings 
information through a smartphone/tablet application. For 2018, the 
projected red snapper fishing season for private anglers would be May 
25 through June 17 for the Gulf waters off Florida, based on the 
requested quota. If recreational landings are less than the assigned 
quota at the end of this season, and the Federal recreational quota has 
not been met, fishing could reopen in the fall of 2018 and/or 2019 to 
land the uncaught portion of the quota. Should the recreational quota 
be exceeded in 2018, FWC proposes to make adjustments in red snapper 
regulations to account for the overage in the following year.

[[Page 12151]]

ADCNR

    The purpose of the EFP requested by ADCNR is to test an Alabama red 
snapper management program for the private angling component. The EFP 
application does not include federally permitted for-hire vessels. 
ADCNR proposes an annual state private angling component quota of 
984,291 lb (446,467 kg), round weight, for 2018 and 2019. ADCNR 
determined that this quota equals 10 percent of the red snapper biomass 
estimated by university researchers to occur in waters off Alabama. The 
red snapper biomass is estimated from fishery-independent biomass 
estimates over the three most recent years that data are available (the 
years 2014 through 2016 for the 2018 fishing year). For 2018, ADCNR 
would allow red snapper to be landed in Alabama on weekends (Friday 
through Sunday) starting on June 1 and continuing until the assigned 
quota, less 10 percent used as a buffer to prevent quota overages, is 
reached or projected to be reached. Currently, ADCNR is projecting a 
season of 47 fishing days. If sufficient quota is available, ADCNR 
would reopen the season in the fall. The 2019 state private angling 
recreational season would be determined at a later date. Red snapper 
landings by anglers fishing from private angler vessels and state-
permitted charter vessels would be monitored through a mandatory 
electronic reporting program. Should the assigned quota be exceeded in 
2018, ADCNR proposes a payback of the quota overage for the following 
year.

MDMR

    MDMR is requesting an EFP to determine if a state recreational 
quota for red snapper can be accurately managed through a state 
management program for the private angling component. In addition, 
recreational harvest and biological information on this species would 
be collected and analyzed by the state. The EFP application does not 
include federally permitted for-hire vessels. The EFP application 
requests an annual quota of 137,949 lb (62,573 kg), round weight, of 
red snapper for the private angling component to be landed in 
Mississippi for 2018 and 2019. This quota is based on 2017 landings 
reported to MDMR's mandatory Tails n Scales electronic reporting 
system. Landings in 2018 and 2019 would be tracked by the state through 
this same electronic reporting system and managed to the quota, reduced 
by a 10 percent buffer to prevent quota overages, before closing the 
season. In addition, landings would be validated by MDMR staff through 
a dockside survey, phone survey, and visual effort survey conducted by 
MDMR. The red snapper season would begin on May 1 of each year and 
remain open until the quota is projected to be reached. Should the 
assigned quota be exceeded in 2018, MDMR proposes a payback of the 
quota overage for the following year.

LDWF

    The EFP application from the LDWF proposes to test a state-based 
management approach for red snapper. The application requests that the 
state recreational quota be 743,000 lb (337,019 kg), round weight, for 
the private angling component and 317,000 lb (143,789 kg), round 
weight, for the Federal for-hire component for the 2018 and 2019 
fishing years. LDWF determined these quotas based on the historical 
landings formula (50 percent * [1986-2005, 2007-2009, 2011-2013 
landings in pounds] + 50 percent * [2007-2009, 2011-2013 landings in 
pounds] applied to Federal for-hire and private angling component 
allocations from Amendment 40 (80 FR 22422, April 22, 2015). LDWF 
proposes to begin both the private angling and for-hire seasons on May 
25 in 2018, and May 24 in 2019 (the Friday before Memorial Day) until 
the respective quota is reached. The private angling season would 
consist of 3-day weekends (Friday through Sunday), but also include the 
Memorial Day, Independence Day, and Labor Day holidays each year. The 
Federal for-hire season would be 7 days per week. Recreational landings 
would be monitored through LDWF's LA Creel survey; however, private 
anglers and for-hire operators would be encouraged to also report 
landings though a state-approved electronic reporting system. Should 
the overall recreational quota for the state be exceeded in 2018, LDWF 
proposes a payback of the overage for the 2019 fishing year.

TPWD

    The purpose of the EFP submitted by TPWD is to test data collection 
and recreational quota monitoring methodologies during the 2018 and 
2019 fishing years for use in managing the recreational harvest of red 
snapper off Texas. TPWD requests 1,077,280 lb (488,646 kg), round 
weight, of red snapper to be used by the private angling and Federal 
for-hire components. The red snapper private angling season in state 
waters begins January 1 each year. Because offshore weather conditions 
off Texas are generally unfavorable around the traditional June 1 
Federal recreational red snapper season start date, TPWD, working 
through the Texas Parks and Wildlife Commission, proposes to prohibit 
red snapper caught in Federal waters from being landed in Texas until 
sometime after June 1 in 2018. At that time, a season will be 
established allowing red snapper from Federal waters to be landed. In 
2019, the recreational season could start prior to June 1 to take 
advantage of better weather conditions that occur off Texas in the 
winter and spring and would be determined by the state at a later date. 
The red snapper recreational harvest would be monitored using the Texas 
Marine Sport Harvest Monitoring Program (TMSHMP), NOAA`s Southeast 
Region Headboat Survey, and a self-reported harvest system using the 
iSnapper application for smartphones and tablets. To ensure timely 
reporting of private angler and charter vessel landings, intercepts 
from the TMSHMP creel survey would be sent in daily to TPWD. 
Additionally, weekly landing reports from NOAA`s Southeast Region 
Headboat Survey would be used to monitor headboat landings. Texas will 
project total landings by sector based on the number of red snapper 
observed by samplers during the season. All red snapper landed in Texas 
will be counted against Texas' assigned recreational quota and the 
Texas season would be closed when the combined estimated recreational 
red snapper landings are projected to reach the recreational quota. 
Should the assigned quota be exceeded in 2018, TPWD proposes to make 
adjustments in red snapper regulations such as shortening the season 
for catching fish in the Gulf EEZ, changing the timing of the season, 
or revising state bag limits to account for the overage.

Additional Information

    The Gulf of Mexico Fishery Management Council (Council) reviewed 
the EFP applications at its January 2018 meeting. The Council 
recommended approval of each state's EFP application as long as the 
length of the Gulf-wide Federal for-hire component season is not 
affected by the issuance of these EFPs.
    Because all the state EFP applications include the private angling 
component, if they are all issued and accepted that component's overall 
Gulf quota would be divided among the states, as requested, and 
landings would be regulated through each state's management program 
covered under the EFP. Federal waters would be closed to red snapper 
private angling, but the EFP would exempt from the closure those 
individuals with a license from a state

[[Page 12152]]

that is open to land red snapper. However, if not all of the EFPs are 
issued and accepted, NMFS would set a Gulf-wide Federal private angling 
season to allow those anglers from the non-participating states to fish 
for red snapper in the EEZ.
    For the Federal for-hire component, only LDWF and TPWD have 
proposed including this component in their EFPs. Therefore, if EFPs 
were approved as submitted by the five Gulf states, NMFS would still 
set a Federal season throughout the entire Gulf EEZ for the Federal 
for-hire component. Depending on the parameters of any final EFPs, the 
potential exists for Texas and Louisiana federally permitted for-hire 
vessels to fish during both the state season covered under an EFP and 
the Federal for-hire Gulf EEZ season.
    In addition, the quotas requested by Texas and Louisiana are based 
on higher landings from past years rather than landings in recent 
years. Because NMFS projects the Federal season based on recent 
landings, NMFS would have to reduce the length of the Federal for-hire 
season to account for the additional pounds of fish requested by Texas 
and Louisiana. This would be inconsistent with the Council's 
recommendation that NMFS issue the EFPs as long as the length of the 
Gulf-wide Federal for-hire component season is not affected. 
Alternatively, NMFS could reduce the quotas requested by Texas and 
Louisiana to be consistent with recent landings. Regardless of whether 
both or just one of the components is managed under the state EFPs, 
should NMFS determine that the Gulf-wide recreational red snapper quota 
has been met, the exemption from the closure under the EFP would no 
longer be valid for that fishing year because the retention of red 
snapper in Federal waters would be prohibited under the regulations 
that implement the mandatory provisions of Section 407(d) of the 
Magnuson-Stevens Act.
    NMFS finds these applications warrant further consideration. If 
they are granted, NMFS may include conditions or modifications such as 
changes to the amount of the quotas assigned to each state and removal 
of the Federal for-hire component from the EFP. The applications are 
considered together in this notice because they each would require a 
portion of the private-angling and Federal for-hire quotas; however, 
each application is independent and will be considered individually as 
part of the overall recreational management of Gulf red snapper.
    Final decisions on issuance of the EFPs will depend on a NMFS 
review of public comments received on the applications, consultations 
with the affected states, the Council, and the U.S. Coast Guard, and a 
determination that each is consistent with all applicable laws.

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

    Dated: March 15, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-05603 Filed 3-19-18; 8:45 am]
BILLING CODE 3510-22-P