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.

NMFS received a request from Sustainable Marine Solutions to obtain an EFP that would exempt research activities funded by the NOAA RESTORE Science Program. The goals of the research are to verify, characterize, monitor, and model multi-species fish spawning aggregations (FSAs) in Federal waters of the Gulf. The applicant requested exemptions from the applicable Federal regulations for project participants to harvest several species of Gulf reef fish and coastal migratory pelagic anytime during a year. If NMFS issues the EFP, the EFP could exempt participants from bag and size limits and area and seasonal closures. The applicant requested that the EFP be valid through December 31, 2030. The EFP request is further summarized below. Specific details, explanations, and reference citations are available in the submitted application (see ADDRESSES ).

The proposed project would engage federally permitted commercial and recreational charter vessel (for-hire) fishermen to bridge the science-to-policy gap via advisory groups and an inclusive process to identify priority FSAs for characterization, monitoring, and modeling. The would conduct cooperative research trained professional captains on up to 120 sampling trips over 4 years (approximately 30 trips per year). An initial set of sites was identified during a workshop funded by the RESTORE Science Program and additional sites would be identified during meetings with small groups of fishermen during 2026 and 2027 and opportunistically through the life of project using information from a large monitoring database, bathymetric data, and geomorphological and seasonal cues from published and grey literature reports, as well as fishermen's knowledge. The applicant would prioritize those potential FSA sites for verification sampling using criteria developed in collaboration with scientists, managers, and fishermen.

FSAs can be verified using direct evidence ( e.g., observed gamete release or gonad dissection) and supported by indirect evidence ( e.g., courtship coloration and behavior). The EFP would allow the trained captains to attempt to verify FSAs. Fishermen would conduct limited sampling to verify predicted spawning aggregations largely following protocols outlined in Heyman et al. (2017). To ensure data quality, accountability, and project management, captains would undergo training and certification by RESTORE project partners to participate as members of a Study Fleet. Study Fleet participants would operate federally-permitted commercial or recreational for-hire fishing vessels. Participants would be compensated through pre-agreed arrangements.

Sampling trips would be authorized for pre-agreed and limited numbers of pre-determined species at highly specific, pre-agreed times and locations. Target species would include commercially and recreationally important species that are known to aggregate to spawn, including federally-managed triggerfish, groupers, snappers, jacks, mackerel, and cobia. The number of annual samples to be collected at each predicted time and location would be minimal (between 2-5 fish), particularly for large-bodied and slower growing species. In total, the EFP requests permission to collect 233 fishes each year for four years. (See table 1 in the application for details.) Potential study sites include the entire Gulf in depths from 10 to 1,800 feet (1 foot is approximately 0.305 meters) and sampling may occur at any time of the year.

Prior to each sampling trip, Study Fleet participants would complete a pre-trip agreement form with RESTORE scientists and be provided with all necessary equipment for sample and data collection. At specified times and locations, Study Fleet participants would use hook-and-line gear (automatic reel, bandit gear, bottom longline, and rod and reel) to capture targeted species. When captured, each sampled fish would be marked with an identifying tag and photographed to mark time and location of sampling. These samples would be immediately immersed in an ice bath for rapid cooling and euthanasia and then stored on ice. Samples would be returned to the dock as soon as practicable, but no more than 48 hours post capture to ensure sample quality. Study Fleet participants would coordinate their return with RESTORE project partners, who would serve as dockside samplers. Samplers, pre-trained and certified for data collection in this project, would meet Study Fleet participants upon their arrival. Study Fleet collected samples and associated data sheets would be transferred to project scientists and recorded with chain of custody signatures to ensure all samples are accounted for, sample numbers do not exceed agreed-upon numbers or species, and serve as documentation to support fishermen's compensation.

Non-target species caught during sampling would be noted on the data sheet. These fishes would either be released, with a descending device if possible, or retained by Study Fleet participants if retention is permitted under the applicable regulations. All other fishes collected for the study would be donated to charity.

Project scientists would append the field data sheet to include measurements recorded at dockside. These would include time and location of capture, species, sex, morphometrics, and photographs of the entire fish with gonads extracted and close-up photographs of gonads only. Otoliths would be removed for aging and gonad samples would be collected for histology to determine sex and reproductive status as in Brown-Peterson et al. (2011). Aging and histological analysis would be conducted under contract with the Marine Resources Monitoring, Assessment and Prediction program, otherwise referred to as MARMAP. NMFS finds the application warrants further consideration based on a preliminary review. In order to allow Study Fleet participants to conduct the requested sampling using commercial and for-hire vessels throughout the Gulf during any time of year, the EFP may include exemptions from size limits specified in 50 CFR 622.37 and 622.380, bag limits specified in 50 CFR 622.38 and 622.382, individual fishing quota requirements specified in 50 CFR 622.21 and 622.22, seasonal and area closures specified in 50 CFR 622.34 and 622.36, and restrictions on sale and purchase specified in 50 CFR 622.40 and 622.386. Possible conditions the agency may impose on the permit, if granted, ( printed page 67823) include but are not limited to, a prohibition on sampling within marine protected areas, marine sanctuaries, special management zones, or areas where testing might interfere with managed fisheries without additional authorization. Additionally, NMFS may require special protections for Endangered Species Act-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, the Gulf Fishery Management Council, and the U.S. Coast Guard, and a determination that the activities to be taken under the EFP are consistent with all applicable laws.

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

91 FR 67821