[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42917-42918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14186]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD007]


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. Max Lee, Mote Marine Laboratory and 
Aquarium (Mote), Center for Fisheries Electronic Monitoring, Sarasota, 
Florida. If granted, the EFP would allow the retention of a limited 
number of undersized red grouper in Gulf of Mexico (Gulf) Federal 
waters by three federally permitted commercial reef fish bottom 
longline vessels. The results from this EFP are expected assist in 
Federal fishery management decisions.

DATES: Written comments must be received on or before August 4, 2023.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2023-0076'' 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-2023-0076'' in the Search box. Click on the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
    Mail: Submit written comments to Rich Malinowski, 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/science-data/exempted-fishing-permit-mote-marine-lab-red-grouper-full-retention-study?check_logged_in=1.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, 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.
    Federal regulations at 50 CFR 622.37(b)(2)(i) prohibit the 
possession, sale, or purchase red grouper less the commercial minimum 
size limit of 18 inches (45.7 cm), total length (TL). The EFP would 
allow the possession, sale, and purchase of a limited number of

[[Page 42918]]

undersized red grouper that are harvested seaward of a line 
approximating the 35-fathom (64-meter) contour on 3 federally permitted 
commercial vessels with eastern Gulf reef fish bottom longline 
endorsement (project vessels). The EFP would allow the applicant to 
study an optimized retention management strategy that would require 
retention of all undersized red grouper harvested by bottom longline 
gear in Gulf Federal waters deeper than 35 fathoms (64 meters). The 
project would also examine the effectiveness of incentivizing bottom 
longline fisherman to target fishing areas where undersized red grouper 
discards are historically low.
    Over 6 years of electronic monitoring (EM) data collected by the 
applicant indicates that in the primary red grouper commercial fishing 
areas of the eastern Gulf, 46.7 percent of red grouper harvested in 
waters less than 35 fathoms (64 meters) are undersized and discarded. 
Of those discarded undersized red grouper, an estimated 25 percent of 
those discarded red grouper die after release. For red grouper 
commercially harvested in water deeper than 35 fathoms (64 meters), 
18.7 percent of the fish are undersized and discarded, of which 42.7 
percent estimated to die. These derived discard mortality estimates are 
a minimum value for bottom longline gear given the increased biological 
stresses on discarded fish that can occur when using this gear type. In 
2018, the Southeast Data Assessment and Review 61, used a discard 
mortality rate of 44.1 percent for red grouper harvested with bottom 
longline gear.
    The optimized retention management strategy tested under the EFP 
would require retention of all undersized red grouper harvested deeper 
than 35 fathoms on the three project vessels during their normal 
fishing operations. The applicant chose the 35 fathom (64 meter) depth 
contour based on the EM discard data, which indicates that 
approximately 3,000 lb (1,361 kg), gutted weight, of undersized red 
grouper would be subjected to high post-release mortality (and thus 
lost to both the fishery and the population) and could be sustainably 
retained. Therefore, the undersized fish retention limit is expected to 
eliminate red grouper discards in water deeper than 35 fathoms (64 
meters). The 35 fathom (64 meter) depth contour is also consistent with 
the Gulf reef fish bottom longline seasonal prohibition in 50 CFR 
622.35(b)(1).
    The EFP would be effective from January 1, 2024, through December 
31, 2024, or until the project vessels have retained a combined 3,000 
lb (1,361 kg), gutted weight, of undersized red grouper. The three 
project vessels would be equipped with EM systems, which use multiple 
cameras and sensors to record fishing activity, and would be required 
to have the EM systems on during all commercial fishing activities. In 
Gulf Federal waters, all commercial grouper harvest occurs within the 
individual fishing quota (IFQ) system where each participating 
commercial vessel may harvest up to their respective allocation, in 
pounds, of an IFQ species. The three project vessels are part of the 
IFQ system and will possess the necessary red grouper allocation to 
harvest the amount of fish requested under the EFP. The three vessels 
will not be changing their normal fishing activities or normal fishing 
locations for the project, and except for the limited retention of 
undersized red grouper, would comply with all other applicable Federal 
regulations.
    Undersized red grouper that are harvested in waters seaward of the 
line approximating the 35 fathom (64 meter) depth contour will be 
fitted with unique tags supplied to each vessel for this project. The 
tag will facilitate dockside sorting where these tagged undersized red 
grouper will be weighed separately to ensure that the poundage from 
undersized red grouper counted towards the total allowable amount under 
the EFP. Undersized red grouper will be weighed and processed through 
the IFQ system and assigned their own separate category on the weigh-
out ticket, to note any pricing differences from the rest of the IFQ 
catch. The tagged fish will be further utilized by Florida Fish and 
Wildlife Conservation Commission (FWC) dockside samplers who will 
obtain biological data (e.g., length measurements, otoliths). The FWC 
will provide the otoliths with corresponding individual fish 
information to the NMFS laboratory in Panama City, Florida for aging 
analysis. Lastly, after the needed sampling, these fish will be sold by 
IFQ dealers and marketability of undersized red grouper would be 
assessed.
    All trips made by the 3 project vessels will include 100 percent 
video review using established and approved protocols to verify fishing 
and project activity. The fish tags will serve to link each fish to a 
specific location of capture, documented through the EM systems and 
vessel monitoring system. Fish catch locations will be linked with 
associated metadata (e.g., depth, bottom type), available in a database 
of environmental, bathymetric, and physical data.
    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 
Gulf of Mexico 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: June 29, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-14186 Filed 7-3-23; 8:45 am]
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