[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54482-54483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC246]


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 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. David Portnoy, Texas A&M University, 
Corpus Christi. If granted, the EFP would allow a limited harvest of 
speckled hind in South Atlantic Federal waters by select commercial 
fishermen. The samples collected would be used to assess the speckled 
hind population structure, genetic diversity, and life history in the 
South Atlantic.

DATES: Written comments must be received on or before September 21, 
2022.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2022-0084'' 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-2022-0084'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Frank Helies, 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 ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the EFP application may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/about-us/south-atlantic-speckled-hind-exempted-fishing-permit-application/.

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

SUPPLEMENTARY INFORMATION: The EFP is 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.
    Currently, Federal regulations at 50 CFR 622.181 (b)(3) prohibit 
the harvest and possession of speckled hind in or from South Atlantic 
Federal waters. Speckled hind are sedentary, long-lived, deep-water 
groupers. There are no known data regarding the stock structure of 
speckled hind in South Atlantic waters and little is known about their 
biology; consequently, there are not enough data to accurately 
determine whether the species is undergoing overfishing or are 
overfished.
    Dr. Portnoy was awarded a Marine Fisheries Initiative grant to 
assess the population structure, genetic diversity, and life history of 
speckled hind in the U.S. South Atlantic. Beginning in 2018, Dr. 
Portnoy acquired some of his project's needed speckled hind samples 
from fishery independent surveys conducted by NMFS and the South 
Carolina Department of Natural Resources. However, as a result of low 
encounter rates with the species since 2018, and reduced fishery 
independent survey effort in 2020, additional samples were needed to 
obtain a sufficient number of project samples.
    Dr. Portnoy previously requested, and was granted, an EFP from NMFS 
on March 22, 2021, to retain up to 40 speckled hind per calendar year 
(up to 80 total for the EFP) (86 FR 11503, February 25, 2021). That EFP 
expired on August 31, 2022. To date, only 11 of the 80 projected 
samples have been obtained in the South Atlantic, and only 2 from the 
previously issued EFP. However, the applicant has continued to add 
fishermen to the previous EFP to increase opportunities for speckled 
hind sample collection.
    If granted, the EFP would be valid through August 31, 2024, and 
would allow a limited harvest of up to 40 speckled hind per calendar 
year (up to 80 total for the duration of the EFP) in the Federal waters 
of the South Atlantic. The EFP would exempt select commercial fishermen 
from Federal regulations prohibiting the harvest and possession of 
speckled hind in Federal waters of the South Atlantic at 50 CFR 
622.181(b)(3). Because speckled hind would be harvested incidentally 
during routine commercial fishing trips, NMFS does not expect that any 
additional environmental impacts would occur through the issuance of 
the EFP.
    Dr. Portnoy proposes to collect speckled hind from select 
commercial fishermen who occasionally encounter speckled hind in South 
Atlantic Federal waters during routine commercial fishing operations. 
Currently, six commercial fishermen have volunteered to participate in 
the EFP while using hook-and-line gear fishing in South Atlantic 
Federal waters in depths ranging from 70 ft (21 m) to 600 ft (183 m), 
and one fisherman has volunteered while using black sea bass pots in 
depths ranging from 60 ft (18 m) to 110 ft (34 m). Speckled hind would 
only be collected using either gear type during the course of regular 
fishing operations. The selected commercial fisherman would comply with 
all other Federal fishing regulations such as fishing seasons, area 
closures, and commercial trip limits. If the fishermen encounter a 
speckled hind, a fin clip would be taken from the harvested speckled 
hind and shipped to the Marine Genomics Laboratory at Texas A&M 
University, Corpus Christi, Texas. The sampled fin clip would be used 
for genetic studies. All sampled speckled hind carcasses would be 
shipped to the NMFS Southeast Fisheries Science Center for otolith 
extraction to determine age and growth parameters. The results of the 
EFP are expected to contribute to improved understanding of speckled 
hind population structure, genetic diversity, and life history in the 
U.S. South Atlantic. The EFP results could help support future 
scientific and management decisions for the speckled hind stock in the 
South Atlantic.

[[Page 54483]]

    NMFS finds the application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on the 
EFP, if granted, include but are not limited to, a prohibition on 
fishing within marine protected areas, marine sanctuaries, or special 
management zones without additional authorization. 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 South Atlantic Fishery 
Management Council, and the U.S. Coast Guard, and a determination that 
the activities to be taken under the EFP are consistent with all other 
applicable laws.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 31, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-19151 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-22-P