[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23979-23981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07272]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD756]


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 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 Florida Fish and Wildlife Conservation 
Commission (FWC). If granted, the EFP 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 
project is 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 application, identified by 
[NOAA-NMFS-2024-0036] 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-2024-0036] in the Search box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.

[[Page 23980]]

     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), 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/recreational-fishing/south-atlantic-red-snapper-exempted-fishing-permit-applications. This notice discuses application 2 on the 
website.

FOR FURTHER INFORMATION CONTACT: Caroline Potter, 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.
    The project described in this EFP request is one 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 for improved 
data to support the evaluation of alternative 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, FWC has proposed this project to accomplish 
the following objectives: (1) Collaborate with recreational vessel 
captains and recreational fishermen to collect catch and discard 
information within the snapper-grouper fishery; (2) Recruit charter 
vessel and private recreational vessel captains to test a unique 
snapper-grouper aggregate recreational bag limit and its impact on 
reducing the magnitude of regulatory discards; (3) Allow project 
participants to harvest red snapper outside of the Federal red snapper 
recreational season, accompanied by a mandatory reporting requirement 
and provisions for validation; (4) Develop a unique web-based 
application to record information from project participants; (5) 
Develop an education course required for all project participants; and 
(6) Evaluate recreational fishermen satisfaction through pre- and post-
participation surveys.
    The EFP would begin on July 1, 2024, and end on June 30, 2025. The 
project location would occur offshore of the east coast of Florida and 
include state and Federal waters from the Florida/Georgia state line 
south to a line running east from the NASA General Assembly Building in 
Cape Canaveral, Florida. For this project, FWC proposes to create a 
``Study Fleet'' of five private recreational vessels and five charter 
vessels that would each take up to three fishing trips per quarter (a 
3-month project period). The sampling period for the entire study would 
be 12 months and thus each quarter would last 3 months. All Study Fleet 
fishing trips would be limited to a maximum of six recreational 
fishermen per vessel (excluding the captain and crew of charter 
vessels) and all recreational fishermen onboard a selected vessel would 
be participants in the study. All recreational fishermen on project 
vessels would be required to fish with a single hook rig with a circle 
hook. The FWC Study Fleet would be allowed to retain up to a maximum 
vessel limit of 60 South Atlantic red snapper per day, regardless of 
the number of persons onboard the vessel. In addition, recreational 
fishermen onboard a vessel would be allowed to harvest no more than 15 
fish under a unique snapper-grouper aggregate bag limit per person per 
day in state and Federal waters. All recreational fishermen onboard the 
selected vessels would be required to keep all snapper-grouper species 
that meet legal requirements, such as size limits, and would retain all 
red snapper caught, up to the 60 red snapper vessel limit, while trying 
to obtain the unique 15-fish snapper-grouper aggregate bag limit. Each 
recreational fisherman on a Study Fleet vessel trip would be required 
to stop directed snapper-grouper fishing once the unique snapper-
grouper aggregate bag limit of 15-fish has been met or the vessel limit 
of 60 red snapper has been met, whichever occurs first. After meeting 
one of these limits, participants may target other species such as 
coastal migratory pelagics and dolphinfish, but they would be required 
to stop directed snapper-grouper fishing for the remainder of the trip.
    If approved, the EFP would exempt recreational fishermen 
participating in FWC's Study 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 EFP, 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 or 
the red snapper vessel limit is reached, all species within the 
snapper-grouper fishery, except those with regulatory closures, could 
be recreationally harvested by participants. However, species not 
listed above would not count towards the FWC's proposed 15-

[[Page 23981]]

fish snapper-grouper aggregate recreational bag limit. Should a 
regulatory closure occur for any species (other than red snapper), 
participants would be prohibited to harvest those species. This unique 
aggregate bag limit is intended to cause recreational fishermen to 
reach their daily bag limit faster which would then result in them 
stopping fishing for snapper-grouper species. This would then lead to 
reduced discards and enhanced fisherman satisfaction across the 
snapper-grouper recreational sector. Throughout the duration of the 
proposed project, recreational fishermen would harvest a maximum of 
7,200 South Atlantic red snapper on Study Fleet trips.
    If the project is approved, FWC would solicit applications from 
captains of charter vessels and private recreational vessels that fish 
within the proposed study location. Charter vessel captains are defined 
as someone who will be responsible for safe operation of the vessel 
during FWC Study Fleet trips and is licensed by the United States Coast 
Guard to carry passengers for hire and has one or more passengers 
onboard who are paying a fee to take or pursue an organism. Project 
charter vessels would need to have a valid Federal Charter Vessel/
Headboat Permit for South Atlantic Snapper-Grouper. For this project, 
private recreational captains are defined as someone who will be 
responsible for the safe operation of the vessel during FWC Study Fleet 
trips and, if born after January 1, 1988, has successfully completed an 
approved boating safety course and obtained a Boating Safety Education 
Identification Card issued by FWC. A captain may be exempt from these 
requirements if they are licensed by the United States Coast Guard as 
master of a vessel or are a nonresident that has completed a National 
Association of State Boating Law Administrators approved boater safety 
course or equivalent examination from another state. Any private 
recreational captain or charter vessel captain that does not have a 
resource violation as determined by FWC would be eligible to 
participate in the FWC Study Fleet.
    From the applications received from the public by FWC, FWC would 
select five private vessels and five charter vessels to be part of the 
FWC Study Fleet each quarter. Vessels would partly be selected based on 
the area intended to be fished, vessel type, and the homeport of these 
vessels. The selection criteria are intended to result in a 
comprehensive coverage of the study location. Both charter and private 
vessels would be limited to a maximum of six recreational fishermen 
(excluding the captain and crew of charter vessels) per designated 
fishing trip. The terms of the EFP would apply to all captains and 
recreational fishermen on the selected vessels during FWC Study Fleet 
trips. All charter vessels would be required to have the Federal 
Charter Vessel/Headboat Permit for South Atlantic Snapper-Grouper 
species and a Florida Saltwater Charter License prior to participating 
in the FWC Study Fleet. All recreational fishermen fishing from private 
vessels would be required to have a valid Florida recreational fishing 
license (or be exempt) and be signed up for Florida's State Reef Fish 
Survey prior to fishing aboard a trip as part of the FWC Study Fleet. 
All project participants fishing in the FWC Study Fleet would be 
required to view and complete an online educational course provided by 
the FWC. The EFP would only apply to the captains and vessels that are 
selected to be a part of the FWC Study Fleet. Therefore, 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 the EFP before operations begin under the 
EFP.
    Prior to taking a FWC Study Fleet fishing trip, each captain would 
have to coordinate the date/dates of the trip with FWC. Using their 
unique FWC provided identification number, captains would be required 
to notify FWC 24 hours prior to a planned project 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 be 
available to present to law enforcement if requested at-sea or 
dockside. When the FWC Study Fleet vessel returns to port, the captain 
must hail in and let FWC know the estimated time and location of 
arrival. Upon return to port from a trip, the captain and all 
recreational fishermen aboard a project vessel would be required to 
allow FWC to collect biological samples from harvested fish and conduct 
interviews. All captains would be required to report data through an 
FWC web-based application about their fishing trip within 48 hours of 
returning to port.
    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 
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: April 1, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-07272 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-22-P