83 FR 11729 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permits
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 52 (March 16, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11729-11731 | |
| FR Document | 2018-05335 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11729-11731] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05335] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG002 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 exempted fishing permit; request for comments. ----------------------------------------------------------------------- [[Page 11730]] SUMMARY: NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Salty Bones Fisheries, Inc. If granted, the EFP would authorize the deployment of modified wood and wire spiny lobster traps and non-containment purse traps in the Federal waters of the Gulf of Mexico (Gulf) and South Atlantic. The project would seek to determine the effectiveness of these gear types, 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 April 2, 2018. ADDRESSES: You may submit comments on the application, identified by ``NOAA-NMFS-2018-0013'' 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-2018-0013, 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 applications may be obtained from the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/LOA_and_EFP/index.html. FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 marine 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 by NMFS. The EFP application submitted to NMFS involves the use of prohibited gear types 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 Gulf Federal waters, the term ``fish trap'' refers to traps capable of taking finfish, 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). 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) (50 CFR 622.2). The EFP would exempt these research activities from the regulation prohibiting the use or possession of a fish trap in Federal waters of the Gulf and South Atlantic at 50 CFR 622.9(c), and would allow the applicant to use spiny lobster traps and other traps capable of taking fish to target lionfish. The applicant seeks an EFP to test the effectiveness of different trap designs in capturing lionfish in the Gulf and South Atlantic while avoiding impacts to non-target species, protected species, and habitats. One of the goals of the project is to determine the performance of traps as part of a lionfish population control program. Information gathered by the EFP could be used to increase efforts to control the spread of the population. The applicant also intends to sell harvested lionfish in partial support of the testing and also to explore the commercial viability of utilizing traps to harvest lionfish. NMFS is currently analyzing the effects of testing traps to target lionfish on the environment, including 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 programmatic environmental assessment (PEA). The PEA includes alternatives that incorporate the proposed effort in this submitted EFP application and others that have been submitted, and accounts for additional expected effort associated with potential future EFP requests. NMFS expects to receive additional EFP requests to test the effectiveness of traps at targeting lionfish in the future and may authorize additional trap testing. The PEA will guide NMFS in developing permit conditions to minimize impacts to the environment, including any affected fisheries and ESA-listed species and designated critical habitat. NMFS also is consulting on the effects of authorizing trap testing under EFPs on ESA-listed species and designated critical habitat in accordance with Section 7 of the ESA. The specific EFP request noticed here is further described and summarized below. Salty Bones Fisheries, Inc. Salty Bones Fisheries requests an EFP to deploy spiny lobster traps with a modified funnel and prototype non-containment purse traps developed by NOAA's National Ocean Service at reef sites in the Federal waters of the Gulf and South Atlantic to target lionfish. Two vessels would conduct trap testing trips in the Gulf and one vessel in the South Atlantic. Trap deployment in the Gulf would be off southwest Florida and generally between the latitudes of 24[deg] 28' N to 25[deg]21' N and between longitudes 83[deg]00' W to 84[deg]00' W. In the South Atlantic, trap deployment would generally be off the Florida Keys between latitudes 24[deg]22.7' N to 24[deg]24' N and between longitudes 82[deg]07' W to 82[deg]34' W. These locations are current spiny lobster fishing grounds and are known areas of lionfish abundance to lobster trap fishers. As described in the application, the trap designs to be tested would be a wire basket spiny lobster trap with a modified funnel, a wood and wire spiny lobster trap with a modified funnel, and an experimental fish aggregation device based, non-containment purse trap. The two modified spiny lobster trap designs would have biodegradable trap panels and modified funnels of 3 by 6 inches (8 by 15 cm) that are slightly smaller in dimension than the funnel in a regular (non- modified) lobster trap. Current project plans would deploy up to 3,000 total modified spiny lobster traps at one time on the seafloor during the 2-year period of the project. Three vessels would each deploy approximately 500 of each of the two modified spiny lobster traps (1,000 total per vessel per trip) and up to 15 purse traps per trip in the project's first year and up to 40 total per vessel per trip the project's second year. The applicant expects to take up to four trips per vessel each month from April through July, weather permitting. Traps would be deployed via a trawl system with up to 40 traps being part of each trawl. Each trawl would use one buoyed vertical line to the surface. The applicant intends to deploy the purse traps by integrating them into the spiny lobster trawls. If the purse traps are proven functional and effective in catching lionfish with [[Page 11731]] minimal environmental impact in a mixed trap trawl configuration in the first year of the project, then the applicant may also test the practicality of deploying trawls with only the purse trap type in the following year. The depth of trap deployments is expected to be between 150 to 300 ft (46 to 91 m). Trap soak time would range from 3 to 10 days depending on trap type and location. Setting and hauling of the traps is expected to occur during daylight hours. Bait would only be used in the modified spiny lobster traps and would include cowhide and fish heads. Vessels to be used in the proposed study would be three federally permitted commercial fishing vessels. Vessel crew would be responsible for collecting detailed records during the sampling 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 per area for each trawl; alternative weight and trawl configurations used in different sea states and conditions; trap loss and movement from original set position; protected species interactions; bycatch species, amount, and disposition; and lionfish catch data for each trap type. Any fish species other than lionfish caught in the traps would be released once the traps are onboard the project vessels; only lionfish would be retained as part of the project. Retained lionfish would be sold on return to port. The applicant has requested the EFP be effective for a 2-year period from the date the EFP is issued. 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 of conducting research 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 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, 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: March 12, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-05335 Filed 3-15-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11729
Program. This would ensure that the vessels would no longer be allowed to Vessels fishing under this EFP would
landed fish do not exceed any collection fish in that stock area unless the sector be required to report via their Vessel
needs of the Study Fleet Program, as acquires additional ACE for the stock in Monitoring System (VMS) or the
detailed below in Table 2. question. For common pool vessels, all Interactive Voice Response (IVR) system
All catch would be attributed to the groundfish catch would be counted to identify trips that would be landing
appropriate commercial fishing quota. toward the appropriate trimester total species below minimum size limits and/
For a vessel fishing on a groundfish allowable catch (TAC). Common pool or in excess of possession limits. Vessels
sector trip, all catch of groundfish stocks vessels would be exempt from not landing fish for the Center but
allocated to sectors would be deducted possession and trip limits, but would temporarily possessing fish for at-sea
from its sector’s Annual Catch
still be subject to trimester TAC sampling would not be required to call
Entitlement (ACE). Once the ACE for a
closures. into the IVR system or report via VMS.
stock has been reached in a sector,
TABLE 2—STUDY FLEET PROGRAM’S BIOLOGICAL SAMPLE COLLECTION NEEDS
Maximum weight
Collection Individual fish per Maximum
Species Stock area * Gear types # allowed per trip
frequency collection period allowance (lb)
(lb)
Windowpane floun- GOM, GB ............ OTF, DRS ........... Monthly ................ 40 ea./mo ............ 30 ........................ 360
der.
Monkfish ................. GOM, GB, SNE ... OTF, GNS, DRS Monthly ................ 15 ea./mo. SNE .. 750 ...................... 9,000
15 ea./mo. GOM
Haddock ................. GOM, GB, SNE ... OTF, LLB, GNS, Monthly/Seasonal 40 ea./mo ............ 320 ...................... 1600
DRS.
Atlantic cod ............ GOM, GB, SNE ... OTF, LLB, GNS, Monthly ................ 120 ea./mo .......... 270 ...................... 7,200
DRS.
Barndoor skate ...... GOM, GB, SNE ... OTF, GNS, DRS Quarterly ............. 20 ea./qtr ............. 150 ...................... 600
Thorny skate .......... GOM, GB, SNE ... OTF, GNS, DRS Quarterly ............. 20 ea./qtr ............. 150 ...................... 600
Black sea bass ...... GB, SNE ............. PTF, OTF ............ Monthly ................ 30 ea./mo ............ 180 ...................... 2,160
Atlantic wolffish ...... GOM, GB ............ OTF,GNS, LLB .... Monthly ................ 40 ea./mo ............ 160 ...................... 3,500
Cusk ....................... GOM, GB ............ OTF,GNS, LLB .... Monthly ................ 40 ea./mo ............ 140 ...................... 3,600
Atlantic halibut ....... GOM, GB ............ OTF, GNS, LLB .. Monthly ................ 20 ea./mo ............ 500 ...................... 6,000
Butterfish ................ SNE, MA ............. OTM .................... Monthly ................ 150 ea./mo .......... 75 ........................ 900
Blueline tilefish ....... SNE, MA ............. LLB ...................... Monthly ................ 20 ea./mo ............ 100 ...................... 1,200
Golden tilefish ........ SNE, MA ............. LLB ...................... Monthly ................ 20 ea./mo ............ 150 ...................... 1,800
Atlantic herring ....... Any Area ............. OTM, OTF, PTM, Monthly ................ 100 ea./mo .......... 100 ...................... 1,200
PUR.
River herring/shad Any Area ............. OTM, OTF, PTM, Monthly ................ 100 ea./mo of ea. 100 of ea. species 1,200 of ea.
PUR. species. species
Round herring ........ Any Area ............. OTM, OTF, PTM, Monthly ................ 100 ea./mo .......... 100 ...................... 1,200
PUR.
Silver hake ............. Any Area ............. OTM, OTF, PTM, Monthly ................ 100 ea./mo .......... 260 ...................... 3,120
PUR.
Atlantic mackerel ... Any Area ............. OTM, OTF, PTM, Monthly ................ 100 ea./mo .......... 260 ...................... 3,120
HND, PUR.
Shortfin squid ......... Any Area ............. OTM, OTF ........... Monthly ................ 100 ea./mo .......... 75 ........................ 900
Sand lance ............. Any Area ............. OTM, OTF, PTM, Monthly ................ 100 ea./mo .......... 25 ........................ 300
PUR.
Longfin squid ......... Any Area ............. OTM, OTF ........... Monthly ................ 100 ea./mo .......... 75 ........................ 900
* Stock area abbreviations: Gulf of Maine (GOM), Georges Bank (GB), Southern New England (SNE).
# Gear abbreviations: Otter trawl (OTF), bottom longline (LLB), sink gillnet (GNS), sea scallop dredge (DRS), fish pot (PTF), hand lines, auto
jig (HND), purse seine (PUR), otter trawl midwater (OTM), pair trawl midwater (PTM).
If approved, the NEFSC may request Dated: March 12, 2018. DEPARTMENT OF COMMERCE
minor modifications and extensions to Emily H. Menashes,
the EFP throughout the year. EFP Acting Director, Office of Sustainable National Oceanic and Atmospheric
modifications and extensions may be Fisheries, National Marine Fisheries Service. Administration
granted without further notice if they [FR Doc. 2018–05334 Filed 3–15–18; 8:45 am] RIN 0648–XG002
are deemed essential to facilitate BILLING CODE 3510–22–P
completion of the proposed research Fisheries of the Caribbean, Gulf of
and have minimal impact that does not Mexico, and South Atlantic; Exempted
change the scope of the initially Fishing Permits
approved EFP request. Any fishing AGENCY: National Marine Fisheries
daltland on DSKBBV9HB2PROD with NOTICES
activity conducted outside the scope of Service (NMFS), National Oceanic and
the exempted fishing activity would be Atmospheric Administration (NOAA),
prohibited. Commerce.
Authority: 16 U.S.C. 1801 et seq. ACTION: Notice of receipt of an
application for exempted fishing permit;
request for comments.
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11781/page/1.svg)
![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11731
minimal environmental impact in a Dated: March 12, 2018. the information from being included in
mixed trap trawl configuration in the Emily H. Menashes, this review.
first year of the project, then the Acting Director, Office of Sustainable ADDRESSES: Submit your comments by
applicant may also test the practicality Fisheries, National Marine Fisheries Service. including NOAA–NMFS–2018–0041, by
of deploying trawls with only the purse [FR Doc. 2018–05335 Filed 3–15–18; 8:45 am] either of the following methods:
trap type in the following year. The BILLING CODE 3510–22–P • Electronic Submissions: Submit all
depth of trap deployments is expected electronic public comments via the
to be between 150 to 300 ft (46 to 91 m). Federal e-Rulemaking Portal.
Trap soak time would range from 3 to DEPARTMENT OF COMMERCE 1. Go to www.regulations.gov/
10 days depending on trap type and document?D=[NOAA-NMFS-2018-
location. Setting and hauling of the National Oceanic and Atmospheric 0041],
traps is expected to occur during Administration 2. Click the ‘‘Comment Now!’’ icon,
daylight hours. Bait would only be used RIN 0648–XF995 complete the required fields
in the modified spiny lobster traps and 3. Enter or attach your comments.
would include cowhide and fish heads. Initiation of 5-Year Review for the • Mail: Submit written comments to
Endangered New York Bight, Lynn Lankshear, NMFS, Greater
Vessels to be used in the proposed
Chesapeake Bay, Carolina and South Atlantic Region Fisheries Office, 55
study would be three federally
Atlantic Distinct Population Segments Great Republic Drive, Gloucester, MA
permitted commercial fishing vessels.
of Atlantic Sturgeon and the 01930 or Andrew Herndon, NMFS,
Vessel crew would be responsible for
Threatened Gulf of Maine Distinct Southeast Regional Office, 263 13th
collecting detailed records during the
Population Segment of Atlantic Avenue South, Saint Petersburg, FL
sampling trips. Data to be collected per
Sturgeon 33701.
trip would include: Gear configuration Instructions: We may not consider
and fishing effort data (e.g., date and AGENCY: National Marine Fisheries comments if they are sent by any other
time of deployment and retrieval, Service (NMFS), National Oceanic and method, to any other address or
latitude, longitude, and water depth of Atmospheric Administration (NOAA), individual, or received after the end of
each deployed trawl, bait type used); Commerce. the specified period. All comments
soak time per area for each trawl; ACTION: Notice of initiation of 5-year received are a part of the public record
alternative weight and trawl review; request for information. and will generally be posted for public
configurations used in different sea viewing on www.regulations.gov
states and conditions; trap loss and SUMMARY: We, NMFS, announce our
intent to conduct a 5-year review for the without change. All personal identifying
movement from original set position; information (e.g., name, address, etc.),
protected species interactions; bycatch threatened Gulf of Maine distinct
population segment (DPS) of Atlantic confidential business information, or
species, amount, and disposition; and otherwise sensitive information
lionfish catch data for each trap type. sturgeon (Acipenser oxyrinchus
oxyrinchus), the endangered New York submitted voluntarily by the sender will
Any fish species other than lionfish be publicly accessible. We will accept
caught in the traps would be released Bight DPS of Atlantic sturgeon, the
endangered Chesapeake Bay DPS of anonymous comments (enter ‘‘N/A’’ in
once the traps are onboard the project the required fields if you wish to remain
vessels; only lionfish would be retained Atlantic sturgeon, the endangered
Carolina DPS of Atlantic sturgeon and anonymous).
as part of the project. Retained lionfish
the endangered South Atlantic DPS of FOR FURTHER INFORMATION CONTACT:
would be sold on return to port.
Atlantic sturgeon under the Endangered Lynn Lankshear at the above address, by
The applicant has requested the EFP phone at 978–282–8473 or
Species Act of 1973, as amended (ESA).
be effective for a 2-year period from the Lynn.Lankshear@noaa.gov or Andrew
We are required by the ESA to conduct
date the EFP is issued. Herndon at the above address, by phone
5-year reviews to ensure that the listing
NMFS finds the application warrants classification of the species remains at 727–824–5312 or Andrew.Herndon@
further consideration based on a accurate. The 5-year review must be noaa.gov.
preliminary review. Possible conditions based on the best scientific and SUPPLEMENTARY INFORMATION: On
the agency may impose on the permit, commercial data available at the time of February 6, 2012, we listed the Gulf of
if granted, include but are not limited the review; therefore, we are requesting Maine DPS of Atlantic sturgeon as
to, a prohibition of conducting research submission of such information on the threatened and the New York Bight,
within marine protected areas, marine status of each DPS, particularly Chesapeake Bay, Carolina and South
sanctuaries, special management zones, information on population trends, Atlantic DPSs as endangered (77 FR
or areas where they might interfere with distribution, abundance, habitat amount 5880 and 77 FR 5914). Section 4(c)(2)(A)
managed fisheries without additional and suitability, threats, and of the ESA requires that we conduct a
authorization. Additionally, NMFS may conservation measures for any DPS that review of listed species at least once
require special protections for ESA- has become available since their original every five years. On the basis of such
listed species and designated critical listings under the ESA in 2012. Based reviews, under section 4(c)(2)(B), we
habitat, and may require particular gear on the results of this 5-year review, we determine whether a species should be
markings. A final decision on issuance will make the requisite findings under delisted or reclassified from endangered
of the EFP will depend on NMFS’ the ESA. to threatened or from threatened to
review of public comments received on DATES: To allow us adequate time to endangered. Delisting a species must be
daltland on DSKBBV9HB2PROD with NOTICES
the application, consultations with the conduct this review, we must receive supported by the best scientific and
appropriate fishery management your information no later than May 15, commercial data available and only
agencies of the affected states, Councils, 2018. While we will continue to accept considered if such data substantiate that
the U.S. Coast Guard, and a new information about any listed the species is neither endangered nor
determination that they are consistent species at any time, failure to timely threatened for one or more of the
with all applicable laws. submit the information in accordance following reasons: (1) The species is
Authority: 16 U.S.C 1801 et seq. with the deadline above may preclude considered extinct; (2) the species is
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11781/page/3.svg)
Document Created: 2018-03-16 01:12:09
Document Modified: 2018-03-16 01:12:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of receipt of an application for exempted fishing permit; request for comments. | |
| Dates | Written comments must be received on or before April 2, 2018. | |
| Contact | Kelli O'Donnell, 727-824-5305; email: [email protected] | |
| FR Citation | 83 FR 11729 | |
| RIN Number | 0648-XG00 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR