81_FR_54716 81 FR 54558 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit

81 FR 54558 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54558-54559
FR Document2016-19505

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Florida Keys Commercial Fisherman's Association (Association). If granted, the EFP would authorize the deployment of four fish trap designs at several sites in the Federal waters of the Gulf of Mexico (Gulf) and the South Atlantic to determine the effectiveness of these gear types for attracting and collecting invasive lionfish and to obtain lionfish life-history information over a 1 year period. The EFP would also utilize an outreach and education program to inform the public about the status of lionfish as an invasive species, efforts to control the spread of the population, and utilization of lionfish as a consumer food source.

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54558-54559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19505]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE036


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 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 the Florida Keys Commercial Fisherman's 
Association (Association). If granted, the EFP would authorize the 
deployment of four fish trap designs at several sites in the Federal 
waters of the Gulf of Mexico (Gulf) and the South Atlantic to determine 
the effectiveness of these gear types for attracting and collecting 
invasive lionfish and to obtain lionfish life-history information over 
a 1 year period. The EFP would also utilize an outreach and education 
program to inform the public about the status of lionfish as an 
invasive species, efforts to control the spread of the population, and 
utilization of lionfish as a consumer food source.

DATES: Written comments must be received on or before September 15, 
2016.

ADDRESSES: You may submit comments on the application by any of the 
following methods:
     Email: [email protected]. 
Include in the subject line of the email comment the following document 
identifier: ``Association Lionfish_EFP''.
     Mail: Susan Gerhart, 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: Susan Gerhart, 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.
    Lionfish is an invasive species that occurs in both the Gulf and 
South Atlantic. The harvest of lionfish in the Federal waters of the 
Gulf and South Atlantic is not currently managed. The EFP request, 
however, involves the use of prohibited gear types. Federal regulations 
prohibit the use or possession of a fish trap in Federal waters in the 
Gulf of Mexico and South Atlantic, except in certain fisheries with 
certain approved traps (50 CFR 622.2 and 622.9(c)). In Gulf Federal 
waters, crustacean traps are allowed for the

[[Page 54559]]

commercial harvest of spiny lobster (50 CFR 622.2 and 622.405), and in 
South Atlantic Federal waters, black sea bass pots are allowed for the 
commercial harvest of black sea bass, golden crab traps are allowed for 
the commercial harvest of golden crab, and crustacean traps are allowed 
for the commercial harvest of spiny lobster (50 CFR 622.2, 622.198, 
622.248, 622.249, and 622.405). The EFP would exempt this research 
activity from Federal regulations at 50 CFR 622.9(c).
    The purpose of this study is to test the effectiveness of different 
trap designs in capturing lionfish in the Gulf and South Atlantic with 
a goal of determining the performance of traps as part of a lionfish 
population control program. Additionally, the project would collect 
information on lionfish population distribution, density, and life-
history information. The applicant also proposes to develop and utilize 
an outreach and education program to further increase awareness about 
the lionfish, its status as an invasive species, efforts to control the 
spread of the population, and utilization of lionfish as a consumer 
food source.
    The Association requests authorization to deploy four fish trap 
designs at reef sites in the Federal waters of the Gulf and South 
Atlantic to target lionfish. Fish trap deployment in the Gulf would be 
off west central Florida (Tampa, FL), in the South Atlantic off east 
central Florida (Ponce Inlet, FL) and South Carolina (Murrells Inlet, 
SC), and in the Florida Keys.
    As described in the application, the four fish trap designs to be 
tested are wood spiny lobster trap, wire basket spiny lobster trap, 
rectangular wire trap, and sea bass pot. All four designs would have 
biodegradable trap panels and modified funnels not to exceed 4 by 7 
inches (10 by 18 cm). Current project plans would have 25 of each of 
the 4 trap types deployed on the seafloor in a combination resulting in 
4 strings of 25 traps per string at each of the four locations twice 
per month during a 12-month period during the project. The depth of 
trap deployment is expected to be between 65 to 300 ft (20 to 91 m). 
Trap soak time will range from several hours to 2 weeks depending on 
trap type and location. Setting and hauling of the traps is expected to 
occur during daylight hours. Bait to be used in the traps would include 
live lionfish, cowhide strips, and/or female lionfish gonads. Sampling 
at each site would be limited to 100 days per year.
    Vessels to be used in the proposed study would be federally 
permitted commercial fishing vessels under contract to the Association. 
Vessel crew or observers onboard the contract vessels during the 
sampling trips would collect and record date and time of trap 
deployment and retrieval, location, water depth, and collect biological 
samples. Video images would also be used to assess the success of the 
trap designs as structures for attracting lionfish. A percentage of the 
lionfish catch would be retained for further biological sampling and 
analysis under the study, a percentage would be tagged and released, 
and a percentage would be retained to promote lionfish as a food source 
to the consumer. All other fish species caught in the traps would be 
released and returned to depth using decompression devices; only 
lionfish would be retained in the project.
    The applicant has requested the EFP be effective for a 1-year 
period from the date any EFP is issued.
    The applicant is still in the process of obtaining funding for this 
research. Therefore, further information regarding the specific 
locations for sampling, sampling methods and schedule, are not yet 
available. If, based on this additional information, the permit as 
granted is significantly different from the original application, NMFS 
may publish notification in the Federal Register describing the 
exempted fishing to be conducted under the EFP.
    NMFS finds this application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on this 
permit, if they are 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 species listed under the Endangered Species Act 
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 
agencies of the affected states, the Gulf of Mexico and South Atlantic 
Fishery Management Councils, and the U.S. Coast Guard, and a 
determination that they are consistent with all applicable laws.

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

    Dated: August 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-19505 Filed 8-15-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                    54558                        Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    Friday Harbor, WA) on Tuesday,                          Agenda                                                Atmospheric Administration (NOAA),
                                                    October 18, 2016 at 7pm; in Anacortes                      The primary purpose of the GMT                     Commerce.
                                                    (City Council Chambers, Anacortes City                  work session is to discuss with the West              ACTION: Notice of receipt of an
                                                    Hall, 904 6th St., Anacortes, WA) on                    Coast Groundfish Observer Program                     application for an exempted fishing
                                                    Wednesday, October 19, 2016 at 7pm;                     refinements to groundfish projection                  permit; request for comments.
                                                    and in Seattle (Seattle Aquarium, Puget                 models for use in fishery management.
                                                    Sound Hall, 1483 Alaskan Way, Seattle,                                                                        SUMMARY:    NMFS announces the receipt
                                                                                                            The GMT’s task will be to identify
                                                    WA) on Thursday October 20, 2016 at                                                                           of an application for an exempted
                                                                                                            which models need improvements,
                                                    7 p.m.                                                                                                        fishing permit (EFP) from the Florida
                                                                                                            outline the improvements necessary,
                                                                                                                                                                  Keys Commercial Fisherman’s
                                                    References Cited                                        and develop recommendations for
                                                                                                                                                                  Association (Association). If granted, the
                                                                                                            consideration by the Pacific Council at
                                                      The complete citations for the                                                                              EFP would authorize the deployment of
                                                                                                            its November meeting in Garden Grove,
                                                    references used in this document can be                                                                       four fish trap designs at several sites in
                                                                                                            California. During the November
                                                    obtained by contacting NMFS (See                                                                              the Federal waters of the Gulf of Mexico
                                                                                                            meeting, the Council will determine
                                                    ADDRESSES and FOR FURTHER                                                                                     (Gulf) and the South Atlantic to
                                                                                                            which models are ready for review and
                                                    INFORMATION CONTACT) or on our Web                                                                            determine the effectiveness of these gear
                                                                                                            recommend a review schedule. A
                                                    page at: http://www.westcoast.fisheries.                                                                      types for attracting and collecting
                                                                                                            detailed description on the process for
                                                    noaa.gov/protected_species/rockfish/                                                                          invasive lionfish and to obtain lionfish
                                                                                                            revising and approving models is
                                                    rockfish_in_puget_sound.html. http://                                                                         life-history information over a 1 year
                                                                                                            outlined in Council Operating
                                                    www.westcoast.fisheries.noaa.gov/.                                                                            period. The EFP would also utilize an
                                                                                                            Procedure 25. The GMT may also
                                                                                                                                                                  outreach and education program to
                                                       Authority: 16 U.S.C. 1531 et seq.                    address other assignments relating to
                                                                                                                                                                  inform the public about the status of
                                                      Dated: August 9, 2016.                                groundfish management. No
                                                                                                                                                                  lionfish as an invasive species, efforts to
                                                                                                            management actions will be decided by
                                                    Angela Somma,                                                                                                 control the spread of the population,
                                                                                                            the GMT.
                                                    Chief, Endangered Species Conservation                                                                        and utilization of lionfish as a consumer
                                                                                                               Although nonemergency issues not
                                                    Division, Office of Protected Resources,                                                                      food source.
                                                    National Marine Fisheries Service.
                                                                                                            contained in the meeting agenda may be
                                                                                                            discussed, those issues may not be the                DATES: Written comments must be
                                                    [FR Doc. 2016–19459 Filed 8–15–16; 8:45 am]
                                                                                                            subject of formal action during these                 received on or before September 15,
                                                    BILLING CODE 3510–22–P
                                                                                                            meetings. Action will be restricted to                2016.
                                                                                                            those issues specifically listed in this              ADDRESSES: You may submit comments
                                                                                                            document and any issues arising after                 on the application by any of the
                                                    DEPARTMENT OF COMMERCE
                                                                                                            publication of this document that                     following methods:
                                                    National Oceanic and Atmospheric                        require emergency action under section                   • Email: 0648.XE036.Association.
                                                    Administration                                          305(c) of the Magnuson-Stevens Fishery                Lionfish.EFP@noaa.gov. Include in the
                                                                                                            Conservation and Management Act,                      subject line of the email comment the
                                                                                                            provided the public has been notified of              following document identifier:
                                                    RIN 0648–XE805
                                                                                                            the intent to take final action to address            ‘‘Association Lionfish_EFP’’.
                                                                                                            the emergency.                                           • Mail: Susan Gerhart, Southeast
                                                    Pacific Fishery Management Council;
                                                                                                                                                                  Regional Office, NMFS, 263 13th
                                                    Public Meeting                                          Special Accommodations                                Avenue South, St. Petersburg, FL 33701.
                                                    AGENCY:  National Marine Fisheries                        The meetings are physically                            The application and related
                                                    Service (NMFS), National Oceanic and                    accessible to people with disabilities.               documents are available for review
                                                    Atmospheric Administration (NOAA),                      Requests for sign language                            upon written request to any of the above
                                                    Commerce.                                               interpretation or other auxiliary aids                addresses.
                                                                                                            should be directed to Mr. Kris                        FOR FURTHER INFORMATION CONTACT:
                                                    ACTION:   Notice of a public meeting.                   Kleinschmidt, at (503) 820–2425, at                   Susan Gerhart, 727–824–5305; email:
                                                                                                            least five days prior to the meeting date.            susan.gerhart@noaa.gov.
                                                    SUMMARY:  The Pacific Fishery
                                                    Management Council’s (Pacific Council)                    Authority: 16 U.S.C. 1801 et seq.                   SUPPLEMENTARY INFORMATION: The EFP is
                                                    Groundfish Management Team (GMT)                          Dated: August 11, 2016.                             requested under the authority of the
                                                    will hold a one-day work session that is                Tracey L. Thompson,
                                                                                                                                                                  Magnuson-Stevens Fishery
                                                    open to the public.                                                                                           Conservation and Management Act (16
                                                                                                            Acting Director, Office of Sustainable
                                                                                                            Fisheries, National Marine Fisheries Service.         U.S.C. 1801 et seq.), and regulations at
                                                    DATES:  The meeting will begin at 9 a.m.                                                                      50 CFR 600.745(b) concerning exempted
                                                    on Thursday, October 6, 2016, and end                   [FR Doc. 2016–19490 Filed 8–15–16; 8:45 am]
                                                                                                                                                                  fishing.
                                                    after business for the day is completed.                BILLING CODE 3510–22–P
                                                                                                                                                                     Lionfish is an invasive species that
                                                    ADDRESSES:  The meeting will be held at                                                                       occurs in both the Gulf and South
                                                    the Washington Department of Fish and                                                                         Atlantic. The harvest of lionfish in the
                                                                                                            DEPARTMENT OF COMMERCE
                                                    Wildlife Natural Resources Building,                                                                          Federal waters of the Gulf and South
                                                    Room 682, 1111 Washington St. SE.,                      National Oceanic and Atmospheric                      Atlantic is not currently managed. The
                                                                                                                                                                  EFP request, however, involves the use
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Olympia, WA 98501, (360) 902–2200.                      Administration
                                                      Council address: Pacific Council,                                                                           of prohibited gear types. Federal
                                                                                                            RIN 0648–XE036                                        regulations prohibit the use or
                                                    7700 NE. Ambassador Place, Suite 101,
                                                    Portland, Oregon 97220–1384.                                                                                  possession of a fish trap in Federal
                                                                                                            Fisheries of the Caribbean, Gulf of
                                                                                                                                                                  waters in the Gulf of Mexico and South
                                                    FOR FURTHER INFORMATION CONTACT:   Ms.                  Mexico, and South Atlantic; Exempted
                                                                                                                                                                  Atlantic, except in certain fisheries with
                                                    Kelly Ames, Pacific Council, 503–820–                   Fishing Permit
                                                                                                                                                                  certain approved traps (50 CFR 622.2
                                                    2426.                                                   AGENCY:  National Marine Fisheries                    and 622.9(c)). In Gulf Federal waters,
                                                    SUPPLEMENTARY INFORMATION:                              Service (NMFS), National Oceanic and                  crustacean traps are allowed for the


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                                                                                 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices                                          54559

                                                    commercial harvest of spiny lobster (50                 or observers onboard the contract                     DEPARTMENT OF COMMERCE
                                                    CFR 622.2 and 622.405), and in South                    vessels during the sampling trips would
                                                    Atlantic Federal waters, black sea bass                 collect and record date and time of trap              National Oceanic and Atmospheric
                                                    pots are allowed for the commercial                     deployment and retrieval, location,                   Administration
                                                    harvest of black sea bass, golden crab                  water depth, and collect biological                   RIN 0648–XE646
                                                    traps are allowed for the commercial                    samples. Video images would also be
                                                    harvest of golden crab, and crustacean                  used to assess the success of the trap                Conclusion of National Marine
                                                    traps are allowed for the commercial                    designs as structures for attracting                  Fisheries Service International Trade
                                                    harvest of spiny lobster (50 CFR 622.2,                 lionfish. A percentage of the lionfish                Data System Tests Concerning the
                                                    622.198, 622.248, 622.249, and                                                                                Electronic Submission of Certain Data
                                                                                                            catch would be retained for further
                                                    622.405). The EFP would exempt this                                                                           Required for Fish Imports and Exports
                                                                                                            biological sampling and analysis under
                                                    research activity from Federal
                                                    regulations at 50 CFR 622.9(c).                         the study, a percentage would be tagged               AGENCY:  National Marine Fisheries
                                                       The purpose of this study is to test the             and released, and a percentage would be               Service (NMFS), National Oceanic and
                                                    effectiveness of different trap designs in              retained to promote lionfish as a food                Atmospheric Administration (NOAA),
                                                    capturing lionfish in the Gulf and South                source to the consumer. All other fish                Commerce.
                                                    Atlantic with a goal of determining the                 species caught in the traps would be                  ACTION: Notice.
                                                    performance of traps as part of a lionfish              released and returned to depth using
                                                    population control program.                             decompression devices; only lionfish                  SUMMARY:    U.S. Customs and Border
                                                    Additionally, the project would collect                 would be retained in the project.                     Protection (CBP) and the National
                                                    information on lionfish population                                                                            Marine Fisheries Service (NMFS)
                                                                                                               The applicant has requested the EFP                previously announced tests under the
                                                    distribution, density, and life-history                 be effective for a 1-year period from the
                                                    information. The applicant also                                                                               National Customs Automation Program
                                                                                                            date any EFP is issued.                               (NCAP) concerning the electronic
                                                    proposes to develop and utilize an
                                                    outreach and education program to                          The applicant is still in the process of           transmission of certain data for NMFS-
                                                    further increase awareness about the                    obtaining funding for this research.                  regulated commodities through the
                                                    lionfish, its status as an invasive                     Therefore, further information regarding              Automated Commercial Environment
                                                    species, efforts to control the spread of               the specific locations for sampling,                  (ACE) and through the Automated
                                                    the population, and utilization of                      sampling methods and schedule, are not                Export System (AES). The tests included
                                                    lionfish as a consumer food source.                     yet available. If, based on this additional           electronic data submission for imports
                                                       The Association requests                             information, the permit as granted is                 (published in the Federal Register on
                                                    authorization to deploy four fish trap                  significantly different from the original             June 5, 2015) and for exports (published
                                                    designs at reef sites in the Federal                    application, NMFS may publish                         in the Federal Register on June 3, 2016).
                                                    waters of the Gulf and South Atlantic to                                                                         During the imports test, entry filers
                                                                                                            notification in the Federal Register
                                                    target lionfish. Fish trap deployment in                                                                      were able to use the Automated Broker
                                                                                                            describing the exempted fishing to be                 Interface (ABI) and the Document Image
                                                    the Gulf would be off west central                      conducted under the EFP.
                                                    Florida (Tampa, FL), in the South                                                                             System (DIS) to transmit the NMFS
                                                    Atlantic off east central Florida (Ponce                   NMFS finds this application warrants               Partner Government Agency (PGA)
                                                    Inlet, FL) and South Carolina (Murrells                 further consideration based on a                      message data and forms required for
                                                    Inlet, SC), and in the Florida Keys.                    preliminary review. Possible conditions               NMFS to make admissibility
                                                       As described in the application, the                 the agency may impose on this permit,                 determinations for entries subject to the
                                                    four fish trap designs to be tested are                 if they are granted, include but are not              monitoring programs for tunas,
                                                    wood spiny lobster trap, wire basket                    limited to, a prohibition of conducting               swordfish and toothfish, under the
                                                    spiny lobster trap, rectangular wire trap,              research within marine protected areas,               Highly Migratory Species International
                                                    and sea bass pot. All four designs would                marine sanctuaries, special management                Trade Program (HMS), the Antarctic
                                                    have biodegradable trap panels and                      zones, or artificial reefs without                    Marine Living Resources Trade
                                                    modified funnels not to exceed 4 by 7                   additional authorization. Additionally,               Monitoring Program (AMR), and the
                                                    inches (10 by 18 cm). Current project                   NMFS may require special protections                  Tuna Tacking and Verification Program
                                                    plans would have 25 of each of the 4                    for species listed under the Endangered               (TTVP). During the exports test,
                                                    trap types deployed on the seafloor in                  Species Act and their critical habitat. A             exporters were able to use the
                                                    a combination resulting in 4 strings of                 final decision on issuance of the EFP                 Automated Export System (AES) and
                                                    25 traps per string at each of the four                 will depend on NMFS’ review of public                 the DIS to transmit the NMFS PGA data
                                                    locations twice per month during a 12-                  comments received on the application,                 and forms required for NMFS to collect
                                                    month period during the project. The                    consultations with the appropriate                    required information on exports subject
                                                    depth of trap deployment is expected to                 fishery management agencies of the                    to these same trade monitoring
                                                    be between 65 to 300 ft (20 to 91 m).                                                                         programs.
                                                                                                            affected states, the Gulf of Mexico and                  It has been determined that ACE and
                                                    Trap soak time will range from several
                                                                                                            South Atlantic Fishery Management                     AES are capable of accepting NMFS-
                                                    hours to 2 weeks depending on trap
                                                                                                            Councils, and the U.S. Coast Guard, and               regulated electronic entries. NMFS
                                                    type and location. Setting and hauling
                                                    of the traps is expected to occur during                a determination that they are consistent              regulations effective on September 20,
                                                    daylight hours. Bait to be used in the                  with all applicable laws.                             2016 (published on August 3, 2016) will
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    traps would include live lionfish,                        Authority: 16 U.S.C. 1801 et seq.                   require the use of ACE or AES, as
                                                    cowhide strips, and/or female lionfish                    Dated: August 11, 2016.
                                                                                                                                                                  applicable, for electronic filings of
                                                    gonads. Sampling at each site would be                                                                        regulated imports or exports of fish
                                                                                                            Emily H. Menashes,                                    products. Accordingly, CBP and NMFS
                                                    limited to 100 days per year.
                                                       Vessels to be used in the proposed                   Acting Director, Office of Sustainable                announce that the NCAP tests are
                                                    study would be federally permitted                      Fisheries, National Marine Fisheries Service.         ending on September 20, 2016. All
                                                    commercial fishing vessels under                        [FR Doc. 2016–19505 Filed 8–15–16; 8:45 am]           importers and exporters of fish products
                                                    contract to the Association. Vessel crew                BILLING CODE 3510–22–P                                regulated by NMFS are encouraged to


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Document Created: 2016-08-16 03:20:38
Document Modified: 2016-08-16 03:20:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of receipt of an application for an exempted fishing permit; request for comments.
DatesWritten comments must be received on or before September 15, 2016.
ContactSusan Gerhart, 727-824-5305; email: [email protected]
FR Citation81 FR 54558 
RIN Number0648-XE03

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