[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 41966-41967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17595]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XS004


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

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

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

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SUMMARY: NMFS announces the receipt of an application from the Florida 
Fish and Wildlife Conservation Commission (FWC) to expand the scope of 
an exempted fishing permit (EFP) issued in November 2018. The amended 
EFP would increase the sampling area from specified waters of the South 
Atlantic to all Federal waters of the South Atlantic off Monroe County, 
Florida and Federal waters of the Gulf of Mexico (Gulf) near Pulley 
Ridge. The amended EFP would also increase the amount of traps in the 
water at any one time, extend the trap soak period, would no longer 
require research traps to have a current stamp, endorsement, or 
certificate, and would no longer allow commercial fishermen to harvest 
and sell any species but lionfish from the research traps. The project 
seeks to determine the effectiveness of traps, as applicable, for 
attracting and collecting invasive lionfish while avoiding impacts to 
non-target species, protected species, and habitats.

DATES: Written comments must be received on or before August 31, 2019.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2019-0084'' 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-2019-0084, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Kelli O'Donnell, 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), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the application and programmatic environmental 
assessment (PEA) may be obtained from the Southeast Regional Office 
website at https://www.fisheries.noaa.gov/southeast/commercial-fishing/lionfish-traps-exempted-fishing-permit-applications.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The amended 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 marine species that occurs in both the Gulf 
and South Atlantic and is not currently managed by NMFS in Federal 
waters. The amended EFP application submitted by FWC requests the use 
of prohibited gear in Federal waters. Federal regulations prohibit the 
use or possession of a fish trap in Federal waters in the Gulf and 
South Atlantic (50 CFR 622.9(c)). In South Atlantic Federal waters, the 
term ``fish trap'' refers to a trap capable of taking fish, except for 
a seabass pot, a golden crab trap, or a crustacean trap (that is, a 
type of trap historically used in the directed fishery for blue crab, 
stone crab, red crab, jonah crab, or spiny lobster and that contains at 
any time not more than 25 percent, by number, of fish other than blue 
crab, stone crab, red crab, jonah crab, and spiny lobster). In Gulf 
Federal waters, the term ``fish trap'' refers to a trap capable of 
taking fish, except for a trap historically used in the directed 
fishery for crustaceans (that is, blue crab, stone crab, and spiny 
lobster) (50 CFR 622.2). The amended EFP would exempt these activities 
from the regulation prohibiting the use or possession of a fish trap in 
Federal waters of the South Atlantic or the Gulf at 50 CFR 622.9(c), 
and would allow the applicant to use modified spiny lobster traps to 
target lionfish. Because FWC requested that the amended EFP remove the 
requirement that research traps have a current endorsement, stamp, or 
certification and allow sampling during the spiny lobster closed 
season, the EFP would exempt research traps from the gear 
identification requirements at 50 CFR 622.402(a) and exempt the 
activities from the seasonal closures at 50 CFR 622.403. The amended 
EFP would also exempt the project activities from the closed seasons, 
size limits, and bag limits at 50 CFR 622.34, 622.37, and 622.38 to 
allow FWC to retain other fish for species identification verification 
and scientific research.
    The applicant's original EFP tests the effectiveness of different 
trap modifications in capturing lionfish while avoiding impacts to non-
target species, protected species, and habitats. NMFS analyzed the 
effects of testing traps that target lionfish on the environment, 
including effects on Endangered Species Act (ESA)-listed species and 
designated critical habitat, and other non-target species and habitat, 
in the Gulf and South Atlantic regions through a PEA titled ``Testing 
Traps to Target Lionfish in the Gulf of Mexico and South Atlantic, 
including within the Florida Keys National Marine Sanctuary.'' This PEA 
was used to support the original EFP for this research in certain South 
Atlantic Federal waters off Monroe County, Florida. The application 
notice for the original EFP request published in the Federal Register 
on July 2, 2018 (83 FR 30916) and the EFP was subsequently issued by 
NMFS on November 13, 2018. Before issuing the amended EFP, NMFS will 
analyze whether the proposed effort fits within the scope of the PEA 
and the ESA analysis on the expected effort under the PEA. If the 
proposed activities fit within the PEA and the ESA consultation, NMFS 
will document that determination for the record. Otherwise, NMFS will 
complete the required analyses.
    The specific amended EFP request noticed here is further described 
and summarized below.
    FWC is requesting authorization to test standard and modified wire 
spiny lobster traps in the South Atlantic and the Gulf to harvest 
lionfish aboard federally permitted commercial spiny lobster fishing 
vessels. Like the original EFP, the proposed activities would examine 
the effectiveness and performance of modified trap designs for 
capturing lionfish, with the goal of identifying the best lobster trap 
modification to maximize lionfish catch and reduce bycatch of other 
species. Traps would be fished in a trawl

[[Page 41967]]

configuration with a maximum of 32 traps and 2 surface buoys per trawl. 
Spiny lobster trap modifications to be tested by the applicant would 
include funnel and escape gap dimensions and locations, in addition to 
bait types. Some traps may be outfitted with lionfish optical 
recognition technology. Modified traps would be compared to standard 
wire spiny lobster trap controls. As described in the application, the 
sampling area would increase from Alligator and Looe Key in the Florida 
Keys of the South Atlantic to all Federal waters of the South Atlantic 
off Monroe County, Florida and portions of the Gulf. In the Gulf, 
sampling with traps would occur in depths from 150-300 feet (46-91 
meters) southwest of a line defined by 25[deg]21' N lat., 84[deg]00' W 
long. at the northwest corner and by 24[deg]28' N lat., 83[deg]00' W 
long., at the southeast corner. The amended EFP would increase sampling 
from two times per month in the South Atlantic to two to four times per 
month in the South Atlantic and Gulf. Only areas open to commercial 
lobster fishing will be included in the study area and fishing would 
occur throughout the calendar year, including during the spiny lobster 
closed season. The amended EFP would increase the number of traps 
allowed in the water at any one time from 100 to 300 (200 and 100 in 
the South Atlantic and Gulf regions, respectively). The amended EFP 
would increase the maximum trap soak period from 21 to 28 days per 
deployment. The amended EFP would also increase the maximum number of 
sampling trips from 40 to 160 trips per year. Bait to be used in the 
traps could include live lionfish, plastic decoy lionfish, artificial 
lures, fish oil, and fish heads. As practicable, video and still photos 
of trap deployment and animal behavior in and near traps would be 
recorded using cameras.
    FWC would contract commercial trap fishermen with experience 
fishing within the study area. The amended EFP would no longer require 
research traps to have a current stamp, endorsement, or certificate, 
but FWC would mark each research trap. Additionally, the contractors 
must have demonstrable experience in the catch and handling of 
lionfish. The applicant expects the activities to be conducted from up 
to eight federally permitted commercial fishing vessels. At least one 
FWC scientist would be on board a vessel at all times, i.e., on both 
deployment trips and retrieval trips. Data to be collected per trip 
would include: gear configuration and fishing effort data (e.g., date 
and time of deployment and retrieval, latitude, longitude, and water 
depth of each deployed trawl, bait type used); soak time for each 
trawl; trap loss and movement from original set position; protected 
species interactions; bycatch species (amount, length, and 
disposition); and lionfish catch data for each trap type. Some species 
would be returned to the water as soon as possible; other species would 
be retained for species identification verification and scientific 
research. All lionfish would be retained and either used for research, 
sold, or destroyed. NMFS notes that the original EFP allowed contracted 
fishermen to sell any legally harvested species. FWC has now requested 
that NMFS remove this provision from the EFP and allow fishermen to 
retain and sell only lionfish. FWC would be allowed to retain 
representative sub-samples of any fish species for species 
identification verification and research in the laboratory.
    The applicant has requested to amend its current EFP as described, 
but to retain the original EFP's effective period of 3 years from the 
date of original issuance of the permit by NMFS on November 13, 2018.
    NMFS finds the application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on the 
permit, if granted, include but are not limited to, a prohibition on 
conducting activities within marine protected areas, marine 
sanctuaries, special management zones, or areas where they might 
interfere with managed fisheries without additional authorization. 
Additionally, NMFS may require special protections for ESA-listed 
species and designated critical habitat, and may require particular 
gear markings. A final decision on issuance of the amended EFP will 
depend on NMFS' review of public comments received on the application, 
consultations with the appropriate fishery management agencies of the 
affected states, Councils, and the U.S. Coast Guard, and a 
determination that the activities to be taken under the EFP are 
consistent with all applicable laws and regulations.

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

    Dated: August 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-17595 Filed 8-15-19; 8:45 am]
 BILLING CODE 3510-22-P