[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23977-23979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07270]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD752]


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 two applications for exempted fishing 
permits; request for comments.

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SUMMARY: NMFS announces the receipt of two applications for exempted 
fishing permits (EFPs) from the Florida Fish and Wildlife Conservation 
Commission (FWC). If granted, the EFPs would authorize limited 
recreational harvest of red snapper outside of any Federal recreational 
season in South Atlantic Federal waters and exempt that harvest from 
the red snapper recreational bag and possession limits, recreational 
annual catch limits (ACLs), and accountability measures (AMs). FWC's 
projects are intended to test alternative recreational management 
strategies that could be used by the South Atlantic Fishery Management 
Council (Council) to reduce the numbers of discards of red snapper and 
other federally managed snapper-grouper species, create additional 
opportunities to participate in sustainable recreational harvest, and 
improve angler satisfaction.

DATES: Written comments must be received on or before April 22, 2024.

ADDRESSES: You may submit comments on the applications, identified by 
[NOAA-NMFS-2024-0035] by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type [NOAA-NMFS-2024-0035] in the Search box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Rick DeVictor, 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 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address),

[[Page 23978]]

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 applications may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/recreational-fishing/south-atlantic-red-snapper-exempted-fishing-permit-applications. This notice discusses applications 1 and 3 
on the website.

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

SUPPLEMENTARY INFORMATION: The EFPs are 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.
    The projects described in these EFP requests are two of several 
projects that NMFS has recommended for funding based on a notice of 
funding opportunity that NMFS published last fall, seeking projects 
that would explore new approaches to better understand and reduce red 
snapper dead discards and increase fishing opportunities in the South 
Atlantic snapper-grouper fishery.
    The most recent South Atlantic red snapper stock assessment 
(Southeast Data, Assessment, and Review (SEDAR) 73, 2021) indicates 
that the South Atlantic red snapper stock is undergoing overfishing and 
is overfished. Discard mortality continues to be the primary source of 
fishing mortality, with a high number of discards coming from the 
recreational sector. Therefore, NMFS has identified a need to test 
management strategies that could be used by the Council to reduce 
recreational discards of red snapper and other managed snapper-grouper 
species, ensure opportunities for sustainable harvest, and improve 
angler satisfaction.
    Considering this need, the FWC has proposed two projects that would 
accomplish the following objectives: (1) Directly collaborate with 
members of the snapper-grouper recreational sector and collect catch 
and discard information at a representative scale within the snapper-
grouper fishery; (2) Recruit recreational fishermen to test a unique 
snapper-grouper aggregate recreational bag limit, and compare that with 
control groups to quantify the potential impact alternative management 
strategies have on reducing the magnitude of snapper-grouper regulatory 
discards; (3) Allow a select number of recreational fishermen recruited 
for these projects to harvest red snapper outside of the South Atlantic 
Federal red snapper recreational season, accompanied by a mandatory 
reporting requirement and provisions for validation and proof of 
participation; (4) Develop a unique web-based application to record 
information from project participants; (5) Develop an education course 
required for all project participants that highlights best fishing 
practices, species identification, and methods to safely descend fish 
experiencing barotrauma; and (6) Evaluate recreational fisherman 
satisfaction through pre- and post-participation surveys and semi-
structured interviews with project participants.
    NMFS notes that this notification of receipt of applications for 
EFPs encompasses two FWC projects. Each of these projects is identical 
in project scope, purpose, and exempted Federal regulations. The 
primary differences between the two requested projects are location of 
the project and the maximum allowed number of recreational fishing 
trips per participant for each location.
    One proposed project boundary is offshore of the east coast of 
Florida from the Florida/Georgia state line south to 28[deg]35.1' north 
latitude in the Atlantic Ocean (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, Florida). The other project boundary is 
offshore of the east coast of Florida from 28[deg]35.1' north latitude 
in the Atlantic Ocean (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, Florida) south to the Dry Tortugas, the southern 
boundary of the South Atlantic Fishery Management Council 
jurisdictional waters(50 CFR 600.105(c)). The project locations 
includes state and Federal waters, but FWC expects that the majority of 
snapper-grouper harvest and fishing effort would occur in Federal 
waters.
    The EFPs would begin on July 1, 2024, and end on June 30, 2025. FWC 
would solicit applications from individual recreational fishermen who 
would be entered into a lottery to participate in either study. The 
application and lottery process, both administered by FWC, would occur 
once every 3 months and FWC would select 200 participants for each 3-
month study. Participants would be screened by the FWC for resource 
violations and randomly assigned to either a control group or an 
experimental group. Participants in the northern study would be 
referred to as the ``Experimental Hot Spot Fleet'' and participants in 
the southern study would be referred to as the ``Southeast Florida 
Snapper Grouper Fleet.'' Each participant would be required to hold a 
valid saltwater recreational fishing license issued by the State of 
Florida (or be state exempt), have declared themselves a Florida State 
Reef Fish Survey angler, and take an educational course aimed at 
reducing discard mortality of snapper-grouper species. The EFPs would 
only apply to recreational fishermen who apply for and are selected to 
be part of FWC's Experimental Hot Spot Fleet or Southeast Florida 
Snapper-Grouper Fleet. Therefore, under each EFP, for each 3-month 
period, FWC would be able to account for and provide NMFS with a list 
of participants (e.g., state license, registration of each vessel and 
vessel name during designated fishing trips, name of participants and 
contact information, etc.) to be covered under each EFP before 
operations begin under the EFPs.
    Every 3 months during the 12-month fishing period of each EFP, half 
of the fishermen would be selected for a control group and the other 
half for an experimental group. Participants assigned to the control 
group of either fleet would follow the current recreational Federal 
regulations for snapper-grouper species. Each participant in the 
Experimental Hot Spot Fishing Fleet, regardless of group assignment, 
would be able to take a maximum of three recreational fishing trips per 
3-month period. Each participant in the Southeast Florida Snapper-
Grouper Fleet, regardless of group assignment, would be able to take a 
maximum of two recreational fishing trips per 3-month period.
    For both fleets, participants assigned to an experimental group 
would be permitted to harvest no more than 15 fish under a unique 
snapper-grouper aggregate bag limit per person per day in state and 
Federal waters combined, in addition to the three red snapper described 
below. Participants in an experimental group would be required to stop 
directed snapper-grouper recreational trips once their unique aggregate 
snapper-grouper bag limit has been reached, and they would not be 
allowed to target or harvest any snapper-grouper species managed by the 
Council for the remainder of the trip. Participants may then target 
other species such as coastal migratory pelagics and dolphinfish. In 
addition to the unique aggregate bag limit described above, 
participants in an experimental group would be allowed to harvest three 
red snapper outside of any Federal red

[[Page 23979]]

snapper recreational fishing season under the EFPs until the unique 
aggregate snapper-grouper bag limit is reached. If approved, the EFPs 
would exempt those recreational fishermen in an experimental group 
participating in FWC's Experimental Hot Spot Fleet or Southeast Florida 
Snapper-Grouper Fleet from the Federal regulations at 50 CFR 
622.183(b)(5) (recreational sector closures for red snapper), 50 CFR 
622.187(b)(9) (bag and possession limits for red snapper), and 50 CFR 
622.193(y)(2) (ACLs and AMs for red snapper). The FWC is not requesting 
exemptions from any Federal regulations other than these. Participants 
would have to abide by all fishery regulations otherwise not exempted 
from this study.
    Under the EFPs, the unique 15-fish snapper-grouper aggregate 
recreational bag limit requested by FWC is as follows:
     Only 1 fish can be gag, black grouper, or scamp.
     Up to 2 fish can be red grouper, yellowfin grouper, 
yellowmouth grouper, coney, graysby, red hind, or rock hind.
     Only 1 fish can be red porgy, blueline tilefish, or golden 
tilefish.
     Only 1 fish can be greater amberjack.
     Up to 3 fish can be lesser amberjack, almaco jack, or 
banded rudderfish.
     Up to 5 fish can be black sea bass.
     Up to 5 fish can be gray triggerfish.
     Up to 10 fish can be grunts.
     Up to 10 fish can be Atlantic spadefish or bar jack.
     Up to 10 fish can be porgies (excluding red porgy).
     Up to 10 fish can be schoolmaster snapper, gray snapper, 
lane snapper, yellowtail snapper, queen snapper, silk snapper, or 
blackfin snapper.
     Up to 5 fish can be vermilion snapper, cubera snapper, or 
mutton snapper.
    Until the unique snapper-grouper aggregate bag limit is reached, 
all species within the snapper-grouper fishery, except those with 
regulatory closures, could be harvested by participants. Should a 
regulatory closure occur for any species (other than red snapper), 
participants would be prohibited from harvesting those species. The 
requested recreational bag limits within FWC's proposed 15-fish 
snapper-grouper aggregate bag limit do not exceed current Federal 
recreational bag limits for any of the included snapper-grouper 
species. This aggregate bag limit is intended to cause recreational 
fishermen to reach their daily bag limit faster, which would then 
result in them stopping fishing. This would likely then lead to reduced 
discards and enhanced fisherman satisfaction across the snapper-grouper 
recreational sector. Throughout the duration of the proposed projects, 
the total amount of South Atlantic red snapper allowed to be harvested 
under these EFPs by the recreational fishermen is 3,600 on Experimental 
Hot Spot Fleet trips and 2,400 on Southeast Florida Snapper-Grouper 
Fleet trips.
    Recreational fishermen can choose the date and time of each trip 
within each 3-month period of the project. Prior to taking a fishing 
trip, the selected participant, using their unique FWC provided 
identification number, must notify FWC 24 hours in advance of a planned 
trip and report the date and state registration number of the vessel 
they intend to fish from in order to receive an FWC authorization 
document, which must then be available to present to law enforcement if 
requested, either at sea or dockside. Selected participants can also 
elect to take their fishing trips on a charter vessel or headboat (for-
hire). Aboard that for-hire vessel, only participants who have been 
selected to participate in an EFP and declared they are taking a trip 
authorized under an EFP on the identified for-hire vessel can take red 
snapper (if in an experimental group). As the vessel, private or for-
hire, with the participant onboard is returning to port, the 
participant must hail in and let FWC know the estimated time and 
location of arrival. Upon return to port from a trip, all participants 
would be required to submit catch and discard data to the FWC within 48 
hours through an FWC web-based application. To evaluate recreational 
fishermen satisfaction, FWC social scientists would conduct pre- and 
post-participation surveys and randomly select a subset of participants 
in each group to participate in semi-structured interviews.
    NMFS finds the applications warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on the 
EFPs, 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 EFPs will depend on NMFS' 
review of public comments received on the applications, consultations 
with the appropriate fishery management agencies of the affected 
states, the Council, and the U.S. Coast Guard, and a determination that 
the activities to be taken under the EFPs are consistent with all other 
applicable laws.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 1, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-07270 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-22-P