[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34722-34724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB158]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Exempted 
Fishing Permit

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

[[Page 34723]]


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 NMFS Panama City, FL laboratory. If 
granted, the EFP would authorize NMFS or NMFS contracted observers and 
commercial fishers aboard contracted commercial fishing vessels to 
collect certain deep-water snapper species in waters of the U.S. 
exclusive economic zone (EEZ) off Puerto Rico. The EFP would exempt 
this activity from complying with certain seasonal and area closures 
and from certain bag limits in the U.S. Caribbean EEZ. The purpose of 
the EFP is to describe benthic habitats for deep-water reef fish 
species off Puerto Rico and to determine life history information for 
black, blackfin, cardinal, queen, silk, and wenchman snappers.

DATES: Comments must be received no later than July 30, 2021.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2021-0058'', by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2021-0058'' in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Sarah Stephenson, 
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 EFP application and related documents are 
available from the website at https://www.fisheries.noaa.gov/southeast/caribbean-exempted-fishing-permits-efps.

FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, 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.
    The applicant is currently conducting exempted fishing activities 
under an EFP for a similar deep-water snapper research project off 
Puerto Rico that was issued on July 30, 2020, and is valid through 
August 1, 2021. Notice of receipt of the application for the current 
EFP, with an opportunity to comment, published in the Federal Register 
on June 16, 2020 (85 FR 36377). No public comments on that EFP were 
received from that notice or since then.
    The applicant requests authorization to collect deep-water reef 
fish species in the U.S. EEZ off the west coast, northeast coast, and 
southeast coast of Puerto Rico. The applicant is seeking to gather 
information that could be used to describe habitats for deep-water reef 
fish species off Puerto Rico, and to obtain additional life history 
information about black, blackfin, cardinal, queen, silk, and wenchman 
snappers. Specimens would be collected by NMFS or NMFS contracted 
observers and commercial fishers aboard contracted commercial fishing 
vessels. These activities may be conducted without NMFS staff aboard 
the contracted commercial vessel. If granted, this permit would exempt 
project participants from certain seasonal and area closure regulations 
codified at 50 CFR 622.435 and from certain reef fish bag limit 
regulations codified at 50 CFR 622.437(b), as identified and described 
below. Pending issuance, the EFP would be expected to be effective from 
August 1, 2021, through August 1, 2023. NMFS has approved a Fishery 
Management Plan for the EEZ off Puerto Rico. Regulations to implement 
that plan, which maintains the same seasonal and area closures and bag 
limits applicable to Federal waters off Puerto Rico as under the 
Fishery Management Plan for the Reef Fish Fishery or Puerto Rico and 
the U.S. Virgin Islands and codified at 50 CFR 622.435 and 622.437, are 
likely to be proposed in the near future. If those regulations are 
finalized, the EFP will be updated to reflect the proper citations for 
the exempted regulations.
    Activities under the EFP would consist of harvesting reef fish 
during 135 fishing trips per year (45 trips per coast), of which 40 
trips would be within the U.S. EEZ off Puerto Rico. The remaining trips 
would be conducted in Puerto Rico territorial waters. The target depth 
range for this project is 100 to 650 m, with sampling sites selected in 
each 50 m depth range throughout the overall depth range.
    Project activities would be conducted from August 1, 2021, through 
August 1, 2023. Sampling off the coast of Puerto Rico would occur along 
the western coast from Isabela to Puerto Real, including Isla de 
Desecheo Marine Reserve; along the northeast coast from San Juan to 
Fajardo, extending out to Isla de Culebra; and along the southeast 
coast from Santa Isabel to Buena Vista, extending out to Isla de 
Vieques. Sampling is planned to occur for approximately 7 to 10 days 
per month year-round over the duration of the EFP.
    Sampling would be conducted by hook-and-line drift fishing in deep-
water habitats. On each fishing trip, three to six sites would be 
fished per day based on weather and distance between the sampling 
sites. Four vertical lines would be deployed per site. The first line 
would have a small, lightweight, water sampling device, which when 
impacting the seafloor, would trigger a syringe to collect a water 
sample (no hooks would be attached to this line). The line would then 
be immediately retrieved. This line would also test for water current 
direction before other equipment is deployed to minimize the potential 
gear loss.
    The second line would have an underwater video camera system 
encased in a lightweight frame with an extended baited arm attached to 
the bottom portion of the line (no hooks would be attached to this 
line). Once deployed, the underwater video camera system would soak for 
30 minutes at the sampling site.
    The third and fourth lines would each have a maximum of 12 (#9) 
hooks attached to the bottom portion of the line above a 5-10 pound 
bottom weight. One line would be baited with fish and the other line 
baited with squid. The baited lines would be fished simultaneously, and 
include a small blinking LED light attached to the line. Once deployed, 
the two fishing lines would soak for 20 minutes. All lines would be 
retrieved via electric reel on the commercial vessel.
    The applicant would target black, blackfin, cardinal queen, silk, 
and wenchman snappers, but also anticipates encountering other deep-
water reef fish species during sampling. Each year, a maximum of 1,060 
of the targeted species (up to 60 black snapper; up to 200 blackfin 
snapper; up to 200 cardinal snapper; up to 200 queen snapper; up to 200 
silk snapper; and up

[[Page 34724]]

to 200 wenchman snapper) would be retained under the EFP. Additionally, 
each year, a maximum of 350 of the incidental species (up to 100 
vermilion snapper; up to 100 red hind; up to 100 black, red, tiger, and 
yellowfin grouper, combined; and up to 50 misty and yellowedge grouper, 
combined) would be retained. If the incidental deep-water reef fish 
species are caught during the applicable seasonal and area closures, 
they would be possessed onboard the vessel only for the purpose of 
taking length measurements and tissue samples (fin clips or muscle 
plugs) prior to being returned to the water.
    Length measurements would be recorded for all species caught except 
for any species for which harvest is prohibited under Federal law 
(i.e., goliath and Nassau groupers, and midnight, rainbow, and blue 
parrotfishes). These prohibited species would be returned immediately 
to the water with a minimum of harm. For the targeted species, the 
gonads, eyes, fin or muscle tissues, and otoliths would be removed for 
histological and ageing analyses conducted by NMFS and the contracted 
observers, Puerto Rico's Department of Natural and Environmental 
Resources, and the University of South Carolina.
    In order to minimize the negative biological effects of bringing 
these deep-water species to the surface, the commercial fishing vessel 
would have venting tools onboard to properly vent fish being released 
back in the water to facilitate their return to depth.
    Under the EFP, the applicant would be allowed to fish for and 
possess deep-water reef fish species in or from the Bajo de Sico closed 
area during the October 1 through March 31 closure period (50 CFR 
622.435(a)(2)(iv)). A maximum of 25 fishing trips would occur per year 
in the Bajo de Sico area, 50 total during the project. Of those 50 
trips, it is estimated that 25 trips would occur during the seasonal 
closure in the Bajo de Sico area. In addition, the applicant would be 
allowed to fish for and possess the deep-water reef fish species during 
species-specific seasonal closures: Black, red, tiger, yellowfin, and 
yellowedge grouper during the February 1 through April 30 seasonal 
closure (50 CFR 622.435(a)(1)(i)); red hind during the December 1 
through the last day of February seasonal closure from the EEZ west of 
67[deg]10' W longitude (50 CFR 622.435(a)(1)(ii)); and black, blackfin, 
silk, and vermilion snappers during the October 1 through December 31 
seasonal closure (50 CFR 622.435(a)(1)(iii)). The applicant would also 
be exempt from certain recreational bag limit regulations at 50 CFR 
622.437(b)(1), though the EFP would specify retention limits. 
Specifically, the applicant would be limited to 30 groupers and 
snappers, combined, per person per day or, if 2 or more persons are 
aboard, 60 groupers and snappers, combined, per vessel per day. The 
parrotfish recreational bag limit of 2 parrotfish per person per day 
or, if 3 or more persons are aboard, 6 parrotfish per vessel per day 
would still apply.
    The applicant intends to retain samples of the targeted species 
caught during the seasonal or area closures. After samples are taken 
from the targeted species, the remainder of the fish caught during a 
seasonal or area closure would be given to the contracted commercial 
fishermen for personal use and consumption. For incidental species, the 
EFP would allow the applicant to possess the species during the 
applicable seasonal and area closures for sufficient time to record 
length measurements and to collect tissue samples. If the targeted or 
incidental species are caught outside the closed seasons and closed 
areas, the commercial fishermen may retain them, consistent with 
applicable law.
    NMFS finds this application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on this 
permit, if it is granted, include but are not limited to, a prohibition 
on conducting sampling activities within marine protected areas, marine 
sanctuaries, or special management zones, without additional 
authorization, and requiring compliance with best practices in the 
event of interactions with any protected species. NMFS may also require 
annual reports summarizing the amount of reef fish species harvested 
during the seasonal and area closures, as well as during the period of 
effectiveness of any issued EFP. Additionally, NMFS would require any 
sea turtles taken incidentally during the course of the activities to 
be handled with due care to prevent injury to live specimens, observed 
for activity, and returned to the water.
    A final decision on issuance of the EFP will depend on NMFS' review 
of public comments received on the application, consultations with the 
affected state(s), the Caribbean Fishery Management Council, and the 
U.S. Coast Guard, and a determination that it is consistent with all 
applicable law.

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

    Dated: June 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-13908 Filed 6-29-21; 8:45 am]
BILLING CODE 3510-22-P