81 FR 52829 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 154 (August 10, 2016)

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. David Die and Chiara Pacini at the University of Miami, Rosenstiel School of Marine and Atmospheric Science. If granted, the EFP would authorize the collection of a maximum of 400 juvenile snowy grouper incidentally caught in commercial spiny lobster traps in Federal waters off the Florida Keys in the South Atlantic during the 2016-2017 and 2017-2018 commercial lobster fishing seasons. The purpose of the EFP would be to estimate and validate age and growth rates for juvenile snowy grouper in the South Atlantic.

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52829-52830]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18999]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE759


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the 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 an 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 Die and Chiara Pacini at the 
University of Miami, Rosenstiel School of Marine and Atmospheric 
Science. If granted, the EFP would authorize the collection of a 
maximum of 400 juvenile snowy grouper incidentally caught in commercial 
spiny lobster traps in Federal waters off the Florida Keys in the South 
Atlantic during the 2016-2017 and 2017-2018 commercial lobster fishing 
seasons. The purpose of the EFP would be to estimate and validate age 
and growth rates for juvenile snowy grouper in the South Atlantic.

DATES: Comments must be received no later than September 9, 2016.

ADDRESSES: You may submit comments on the application by either of the 
following methods:
     Email: [email protected]. Include in the subject line of 
the email comment the following document identifier: ``University of 
Miami Snowy Grouper EFP''.
     Mail: Mary Vara, Southeast Regional Office, NMFS, 263 13th 
Avenue South, St. Petersburg, FL 33701.
    The application and related documents are available for review upon 
written request to any of the above addresses.

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

SUPPLEMENTARY INFORMATION: The 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.
    The EFP request involves activities covered by regulations 
implementing the Fishery Management Plans (FMP) for federally managed 
fisheries of the South Atlantic Region. The proposed collection for 
scientific research involves activities that would otherwise be 
prohibited by regulations at 50 CFR part 622, as they pertain to South 
Atlantic snapper-grouper managed by the South Atlantic Fishery 
Management Council (Council). The EFP would exempt this research 
activity from Federal regulations at Sec.  622.170(a)(1) (Permits and 
endorsements) and other requirements applicable to snapper-grouper 
permit holders; Sec.  622.183(b)(8) (Seasonal closures); Sec.  
622.187(b)(2)(ii) (Bag and possession limits); and Sec.  622.188(a), 
(b), and (c) (Required gear, authorized gear, and unauthorized gear); 
Sec.  622.193(b)(2) (Annual catch limits, annual catch targets, and 
accountability measures). The purpose of this study is to estimate and 
validate age and growth rates of juvenile snowy grouper to better 
understand its early life history.
    The applicant requests authorization to collect juvenile snowy 
grouper incidentally caught using standard commercial spiny lobster 
traps in Federal waters off the Florida Keys in the South Atlantic, 
bounded by Bahia Honda to the south and Upper Matecumbe Key to the 
north.
    As described in the application, snowy grouper sampling would occur 
during approximately 15 spiny lobster trips completed during the 2016-
2017 and 2017-2018 commercial spiny lobster fishing seasons. These 
seasons are from August 6, 2016, through March 31, 2017, and August 6, 
2017, through March 31, 2018. Approximately 200 spiny lobster traps 
would be deployed or retrieved during each commercial spiny lobster 
trip. A maximum of 200 incidentally caught snowy grouper would be 
collected each year of the 2-season project duration, for a maximum 
quantity of 400 snowy grouper. The project would end when either 400 
snowy grouper are collected over the 2 spiny lobster seasons or by 
March 31, 2018, whichever occurs first.
    Gear used for collecting the snowy grouper would be legal 
commercial spiny lobster traps constructed of wire with wooden tops 
that are anchored down with concrete slabs to prevent them from moving 
during storm winds and heavy currents. The traps are standard spiny 
lobster traps with dimensions of 35.0 inches (88.9 cm) long, 23.6 
inches (59.9 cm) wide, and 23.6 inches (59.9 cm) high. The spiny 
lobster traps being deployed would be a mix of single traps and trawls 
(traps tethered together). Each trawl would have approximately 15-25 
traps connected together with approximately 50-75 yd (46-69 m) of rope 
between each trap with buoys on each end. Each trap or trawl would also 
have a vertical line and a buoy attached, along with the vessel 
identification and permit number etched into the buoy. Single traps 
would be set in sand in shallow waters less than 75 ft (23 m), and 
trawls would be set in sand in deeper waters between 100-300 ft (30-91 
m). The exact depth and location of the traps or trawls would be 
recorded after each deployment. Traps would be baited with raw cowhide 
and dead fish, and would be re-baited and checked approximately every 2 
weeks, depending on weather.
    The trap soak time would be approximately 2 weeks. All traps would 
be retrieved during daylight hours. On retrieval, traps would be hauled 
slowly to the surface to minimize the risk of barotrauma. Each trap 
would then be checked for the presence of snowy grouper. If there are 
snowy grouper present, the trap number, location, depth, length, and 
date would be documented. Snowy grouper that are longer than 209 mm 
total length would be released because this study would focus on 
juvenile snowy grouper. Any other fish collected in the spiny lobster 
traps would be returned to the water. Before release, fish showing 
evidence of barotrauma, including snowy grouper longer than 209 mm 
total length and any other finfish bycatch, would be vented before 
release. Release cages (or descending devices) would be utilized to aid 
in fish descent. Lawfully harvested spiny lobster would be retained by 
the permitted vessel.
    A maximum of 20 of the 200 snowy grouper collected each year of the 
project would be kept alive in an aerated tank and taken to the 
University of Miami for further study (for a maximum of 30 days) to 
validate daily growth rings on otoliths (fish ear bones). The remaining 
snowy grouper will not be kept alive on the boat, but will be taken to 
the lab where their otoliths would be removed to estimate age and 
growth rates. Gut contents from all snowy grouper that are not kept 
alive for further study would be removed for future analysis. In 
addition, any bycatch from the spiny lobster traps would be documented 
before being returned to the water. In this study, bycatch would

[[Page 52830]]

be any animals other than lawfully harvested spiny lobster and snowy 
grouper longer than 209 mm total length.
    The vessel to be used for the project would be a commercial spiny 
lobster fishing vessel with valid licenses and permits to commercially 
harvest spiny lobster in the Federal waters off Florida. The EFP would 
not exempt the applicant from the relevant state of Florida regulations 
for spiny lobster harvest or from the Federal spiny lobster regulations 
specified at 50 CFR Subpart R. At least one of the applicants would be 
present during each of the sampling trips. If the EFP is approved, all 
collections of juvenile snowy grouper would be conducted during the 
2016-2017 and 2017-2018 commercial spiny lobster seasons. All snowy 
grouper would be collected as part of the vessel's normal commercial 
spiny lobster fishing trips.
    NMFS finds this application warrants further consideration. Based 
on a preliminary review, NMFS intends to issue an EFP. Possible 
conditions the agency may impose on this permit, if it is indeed 
granted, include but are not limited to, a prohibition of conducting 
research within marine protected areas, marine sanctuaries, special 
management zones, or artificial reefs without additional authorization. 
Additionally, NMFS may require special protections for Endangered 
Species Act listed species and their critical habitat. 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 agency of the affected state, the Council, and the U.S. 
Coast Guard, and a determination that it is consistent with all 
applicable laws.

    Authority:  16 U.S.C 1801 et seq.

    Dated: August 5, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-18999 Filed 8-9-16; 8:45 am]
 BILLING CODE 3510-22-P