[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56254-56256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21982]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB403]


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 Dr. Matthew Ajermian of Harbor Branch 
Oceanographic Institute of Florida Atlantic University (FAU). If 
granted, the EFP would authorize the captain

[[Page 56255]]

and crew of certain federally permitted charter vessels to collect 
limited numbers of snapper-grouper, coastal migratory pelagic, and 
dolphin and wahoo species in the waters of the U.S. exclusive economic 
zone (EEZ) off the Florida east coast. The purpose of the EFP is to 
quantify shark depredation impacts in the recreational fisheries off 
the Atlantic using a citizen science approach.

DATES: Written comments must be received no later than November 8, 
2021.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2021-0087, by either 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-2021-0087'' in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Karla Gore, 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/south-atlantic-exempted-fishing-permits-efp.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 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 by regulations at 50 CFR 600.745(b) concerning 
exempted fishing.
    Shark depredation is an emerging issue that is reportedly impacting 
a variety of fisheries in the South Atlantic. The scope of these 
impacts has not been quantified within the snapper-grouper, coastal 
migratory pelagic, or dolphin and wahoo recreational fisheries. To gain 
an improved understanding of these impacts, the applicant requests 
authorization to collect recreationally harvested snapper-grouper, 
coastal migratory pelagic, and dolphin and wahoo species with 
indication of shark depredation. Evidence of shark depredation to these 
landed fish would include fresh teeth marks and active bleeding; 
partially removed trunk tissues (scales, skin and muscle); exposed 
musculature and/or internal organs; or missing fins. Any such fish that 
are identified as exhibiting shark depredation would be retained by the 
fishermen, isolated from other recreational catch, and transferred to 
the scientific team at FAU when the authorized charter vessels return 
to port. Any such fish so retained would then be swabbed for DNA and 
assessed to identify the shark species responsible for the depredation.
    The applicant and representatives would conduct collections on four 
federally permitted for-hire charter vessels in the snapper-grouper, 
coastal migratory pelagic, or dolphin and wahoo fisheries. As a result 
of project budget limitations and logistics, the applicant and 
representatives cannot be present on the designated charter vessels for 
every trip throughout the EFP timeframe and thus seek approval for the 
charter vessel captains and crews to collect shark depredated fish 
species opportunistically when the applicant or representatives would 
not be present on the authorized charter vessels during their fishing 
trips. These authorized charter vessels would include paying charter 
passengers, and those passengers may be the individuals who actually 
catch the fish with evidence of depredation. Any fish with shark 
depredation caught by paying customers would be turned over to the 
vessel crew to be subsequently provided to the scientific team at FAU 
for genetic analysis. Four federally permitted for-hire charter vessel 
captains have been identified to conduct EFP collection activities when 
the applicant or representatives are not aboard the authorized charter 
vessels.
    Under the EFP, charter vessels would continue with routine fishing 
operations using hook and line techniques (bottom fishing and trolling 
using artificial and natural bait) in natural and hard bottom habitats 
in Federal waters between Sebastian Inlet and Jupiter Inlet, Florida, 
ranging from 3 to 30 nautical miles (5.6 to 55.6 km) offshore. NMFS 
expects that the researchers would collect enough samples over the 
course of 200 fishing days. Collections would only take place on the 
approved project charter vessels.
    If granted, this EFP would exempt the project's scientists and the 
captains and crews of the authorized charter vessels from the snapper-
grouper seasonal closures and seasonal harvest limitations regulations 
codified at 50 CFR 622.183, and 50 CFR 622.184; from the landing fish 
intact regulations at 50 CFR 622.186 (snapper-grouper), 50 CFR 622.276 
(dolphin and wahoo), and 50 CFR 622.381 (coastal migratory pelagic); 
from the recreational bag limit regulations codified at 50 CFR 622.187 
(snapper-grouper), 50 CFR 622.277 (dolphin and wahoo), and 50 CFR 
622.382 (coastal migratory pelagic); and from the size limit 
regulations codified at 50 CFR 622.185 (snapper-grouper), 50 CFR 
622.275 (dolphin and wahoo), and 50 CFR 622.380 (coastal migratory 
pelagic). Charter customers aboard the authorized charter vessels would 
be subject to all current Federal for-hire regulations during the 
course of routine fishing operations. Only the captain and crew aboard 
the authorized charter vessels would be permitted to retain species 
with evidence of shark depredation that may be recreationally harvested 
out of season, or out of the authorized recreational bag limits or size 
limits. These shark depredated fish would be provided to the scientific 
team at FAU at the end of the fishing trip.
    The duration of any issued EFP would be from the date of issuance 
of the EFP through August 1, 2023.
    The authorized captain and crew of the charter vessels, during the 
course of routine operations, would target snapper-grouper, dolphin and 
wahoo, and coastal migratory pelagic species. Over the course of the 
EFP, a maximum of 120 total snapper-grouper with evidence of shark 
depredation would be retained under the EFP. Additionally, over the 
course of the EFP, a maximum of 60 total dolphin and wahoo, combined, 
with evidence of shark depredation; and up to 60 total coastal 
migratory pelagic fish, combined (king mackerel, Spanish mackerel, and 
cobia), with evidence of shark depredation would be retained.
    Under the EFP, the selected and authorized charter vessel captains 
and crew would retain carcasses of species caught with evidence of 
shark depredation during the course of normal for-hire charter 
operations. Shark depredated species carcasses caught opportunistically 
may be retained under the EFP, even if seasonal closures, minimum size 
limits, and bag limits are in effect.

[[Page 56256]]

    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 shark-depredated carcasses 
harvested during the period of effectiveness of any issued EFP. NMFS 
requires that all federally permitted charter vessels participating 
under this EFP are compliant with all legal requirements, including the 
Southeast For-Hire Electronic Reporting Program. 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, the South Atlantic 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: October 4, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21982 Filed 10-7-21; 8:45 am]
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