Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permits
| Citation | 84 FR 41966 |
| Record Number | 2019-17595 |
| Published date | 16 August 2019 |
| Section | Notices |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 84 Issue 159 (Friday, August 16, 2019)
[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 41966-41967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17595]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XS004
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 an amended exempted
fishing permit; request for comments.
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SUMMARY: NMFS announces the receipt of an application from the Florida
Fish and Wildlife Conservation Commission (FWC) to expand the scope of
an exempted fishing permit (EFP) issued in November 2018. The amended
EFP would increase the sampling area from specified waters of the South
Atlantic to all Federal waters of the South Atlantic off Monroe County,
Florida and Federal waters of the Gulf of Mexico (Gulf) near Pulley
Ridge. The amended EFP would also increase the amount of traps in the
water at any one time, extend the trap soak period, would no longer
require research traps to have a current stamp, endorsement, or
certificate, and would no longer allow commercial fishermen to harvest
and sell any species but lionfish from the research traps. The project
seeks to determine the effectiveness of traps, as applicable, for
attracting and collecting invasive lionfish while avoiding impacts to
non-target species, protected species, and habitats.
DATES: Written comments must be received on or before August 31, 2019.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2019-0084'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0084, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Kelli O'Donnell, 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 application and programmatic environmental
assessment (PEA) may be obtained from the Southeast Regional Office
website at https://www.fisheries.noaa.gov/southeast/commercial-fishing/lionfish-traps-exempted-fishing-permit-applications.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 727-824-5305; email:
[email protected].
SUPPLEMENTARY INFORMATION: The amended EFP is requested under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C 1801 et seq.), and regulations at 50 CFR 600.745(b)
concerning exempted fishing.
Lionfish is an invasive marine species that occurs in both the Gulf
and South Atlantic and is not currently managed by NMFS in Federal
waters. The amended EFP application submitted by FWC requests the use
of prohibited gear in Federal waters. Federal regulations prohibit the
use or possession of a fish trap in Federal waters in the Gulf and
South Atlantic (50 CFR 622.9(c)). In South Atlantic Federal waters, the
term ``fish trap'' refers to a trap capable of taking fish, except for
a seabass pot, a golden crab trap, or a crustacean trap (that is, a
type of trap historically used in the directed fishery for blue crab,
stone crab, red crab, jonah crab, or spiny lobster and that contains at
any time not more than 25 percent, by number, of fish other than blue
crab, stone crab, red crab, jonah crab, and spiny lobster). In Gulf
Federal waters, the term ``fish trap'' refers to a trap capable of
taking fish, except for a trap historically used in the directed
fishery for crustaceans (that is, blue crab, stone crab, and spiny
lobster) (50 CFR 622.2). The amended EFP would exempt these activities
from the regulation prohibiting the use or possession of a fish trap in
Federal waters of the South Atlantic or the Gulf at 50 CFR 622.9(c),
and would allow the applicant to use modified spiny lobster traps to
target lionfish. Because FWC requested that the amended EFP remove the
requirement that research traps have a current endorsement, stamp, or
certification and allow sampling during the spiny lobster closed
season, the EFP would exempt research traps from the gear
identification requirements at 50 CFR 622.402(a) and exempt the
activities from the seasonal closures at 50 CFR 622.403. The amended
EFP would also exempt the project activities from the closed seasons,
size limits, and bag limits at 50 CFR 622.34, 622.37, and 622.38 to
allow FWC to retain other fish for species identification verification
and scientific research.
The applicant's original EFP tests the effectiveness of different
trap modifications in capturing lionfish while avoiding impacts to non-
target species, protected species, and habitats. NMFS analyzed the
effects of testing traps that target lionfish on the environment,
including effects on Endangered Species Act (ESA)-listed species and
designated critical habitat, and other non-target species and habitat,
in the Gulf and South Atlantic regions through a PEA titled ``Testing
Traps to Target Lionfish in the Gulf of Mexico and South Atlantic,
including within the Florida Keys National Marine Sanctuary.'' This PEA
was used to support the original EFP for this research in certain South
Atlantic Federal waters off Monroe County, Florida. The application
notice for the original EFP request published in the Federal Register
on July 2, 2018 (83 FR 30916) and the EFP was subsequently issued by
NMFS on November 13, 2018. Before issuing the amended EFP, NMFS will
analyze whether the proposed effort fits within the scope of the PEA
and the ESA analysis on the expected effort under the PEA. If the
proposed activities fit within the PEA and the ESA consultation, NMFS
will document that determination for the record. Otherwise, NMFS will
complete the required analyses.
The specific amended EFP request noticed here is further described
and summarized below.
FWC is requesting authorization to test standard and modified wire
spiny lobster traps in the South Atlantic and the Gulf to harvest
lionfish aboard federally permitted commercial spiny lobster fishing
vessels. Like the original EFP, the proposed activities would examine
the effectiveness and performance of modified trap designs for
capturing lionfish, with the goal of identifying the best lobster trap
modification to maximize lionfish catch and reduce bycatch of other
species. Traps would be fished in a trawl
[[Page 41967]]
configuration with a maximum of 32 traps and 2 surface buoys per trawl.
Spiny lobster trap modifications to be tested by the applicant would
include funnel and escape gap dimensions and locations, in addition to
bait types. Some traps may be outfitted with lionfish optical
recognition technology. Modified traps would be compared to standard
wire spiny lobster trap controls. As described in the application, the
sampling area would increase from Alligator and Looe Key in the Florida
Keys of the South Atlantic to all Federal waters of the South Atlantic
off Monroe County, Florida and portions of the Gulf. In the Gulf,
sampling with traps would occur in depths from 150-300 feet (46-91
meters) southwest of a line defined by 25[deg]21' N lat., 84[deg]00' W
long. at the northwest corner and by 24[deg]28' N lat., 83[deg]00' W
long., at the southeast corner. The amended EFP would increase sampling
from two times per month in the South Atlantic to two to four times per
month in the South Atlantic and Gulf. Only areas open to commercial
lobster fishing will be included in the study area and fishing would
occur throughout the calendar year, including during the spiny lobster
closed season. The amended EFP would increase the number of traps
allowed in the water at any one time from 100 to 300 (200 and 100 in
the South Atlantic and Gulf regions, respectively). The amended EFP
would increase the maximum trap soak period from 21 to 28 days per
deployment. The amended EFP would also increase the maximum number of
sampling trips from 40 to 160 trips per year. Bait to be used in the
traps could include live lionfish, plastic decoy lionfish, artificial
lures, fish oil, and fish heads. As practicable, video and still photos
of trap deployment and animal behavior in and near traps would be
recorded using cameras.
FWC would contract commercial trap fishermen with experience
fishing within the study area. The amended EFP would no longer require
research traps to have a current stamp, endorsement, or certificate,
but FWC would mark each research trap. Additionally, the contractors
must have demonstrable experience in the catch and handling of
lionfish. The applicant expects the activities to be conducted from up
to eight federally permitted commercial fishing vessels. At least one
FWC scientist would be on board a vessel at all times, i.e., on both
deployment trips and retrieval trips. Data to be collected per trip
would include: gear configuration and fishing effort data (e.g., date
and time of deployment and retrieval, latitude, longitude, and water
depth of each deployed trawl, bait type used); soak time for each
trawl; trap loss and movement from original set position; protected
species interactions; bycatch species (amount, length, and
disposition); and lionfish catch data for each trap type. Some species
would be returned to the water as soon as possible; other species would
be retained for species identification verification and scientific
research. All lionfish would be retained and either used for research,
sold, or destroyed. NMFS notes that the original EFP allowed contracted
fishermen to sell any legally harvested species. FWC has now requested
that NMFS remove this provision from the EFP and allow fishermen to
retain and sell only lionfish. FWC would be allowed to retain
representative sub-samples of any fish species for species
identification verification and research in the laboratory.
The applicant has requested to amend its current EFP as described,
but to retain the original EFP's effective period of 3 years from the
date of original issuance of the permit by NMFS on November 13, 2018.
NMFS finds the application warrants further consideration based on
a preliminary review. Possible conditions the agency may impose on the
permit, if granted, include but are not limited to, a prohibition on
conducting activities within marine protected areas, marine
sanctuaries, special management zones, or areas where they might
interfere with managed fisheries without additional authorization.
Additionally, NMFS may require special protections for ESA-listed
species and designated critical habitat, and may require particular
gear markings. A final decision on issuance of the amended EFP will
depend on NMFS' review of public comments received on the application,
consultations with the appropriate fishery management agencies of the
affected states, Councils, and the U.S. Coast Guard, and a
determination that the activities to be taken under the EFP are
consistent with all applicable laws and regulations.
Authority: 16 U.S.C 1801 et seq.
Dated: August 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-17595 Filed 8-15-19; 8:45 am]
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