[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30916-30918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14102]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG271
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.
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SUMMARY: NMFS announces the receipt of an application for an exempted
fishing permit (EFP) from the Florida Fish and Wildlife Conservation
Commission (FWC). If granted, the EFP would authorize the deployment of
modified wire spiny lobster traps in the Federal waters of the South
Atlantic. The project would seek to determine the effectiveness of
these traps, as applicable, for attracting and collecting invasive
lionfish while avoiding impacts to non-target species, protected
species, and habitats.
[[Page 30917]]
DATES: Written comments must be received on or before August 1, 2018.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2018-0068'' 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-2018-0068, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Frank Helies, 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 http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/LOA_and_EFP/2018/Lionfish/Lionfish%20EFP.html.
FOR FURTHER INFORMATION CONTACT: Frank Helies, 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
of Mexico (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 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 (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 South Atlantic at 50 CFR 622.9(c), and would allow the applicant to
use spiny lobster traps to target lionfish.
The applicant seeks an EFP to test the effectiveness of different
trap modifications in capturing lionfish in the South Atlantic 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. Before issuing the permit, 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 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 to harvest lionfish aboard
federally permitted commercial spiny lobster fishing vessels. The
proposed research 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 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 would be outfitted with lionfish
optical recognition technology. Modified traps would be compared to
standard wire spiny lobster trap controls. Sampling with the traps
would occur in water depths from 100-300 feet (30-91 meters) between
Alligator Reef and Looe Key Reef in the Florida Keys, approximately
twice per month, per year throughout the effectiveness of any issued
EFP. Only areas open to commercial lobster fishing will be included in
the study area. No more than 100 traps would be deployed in the water
at any given time, and soak times would vary, but they would not exceed
21 days per deployment. FWC anticipates completing a maximum of 40
sampling trips per year. Bait 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. Additionally, the contractors must have
demonstrable experience in the catch and handling of lionfish. The
applicant expects the research to be conducted from up to two federally
permitted commercial fishing vessels. At least one FWC scientist would
be onboard a vessel at all times. 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. All non-commercially viable
bycatch species would be returned to the water as soon as possible.
Depending on FWC's commercial vendor selected, those species that are
legally allowed to be commercially harvested in Federal waters by the
contracted commercial fishermen may be retained as commercial catch as
long as the harvest and retention complies with applicable laws and
regulations (e.g., permitted commercial fishermen may retain species of
the legal size taken during the applicable season from appropriate
areas using legal gears and vessels, consistent with applicable laws
and regulations). Representative sub-samples of fish would be collected
for species identification verification in the laboratory by FWC, as
needed.
The applicant has requested the EFP be effective for a 3-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 on
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
[[Page 30918]]
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: June 26, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-14102 Filed 6-29-18; 8:45 am]
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