[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:
    <bullet> 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.
    <bullet> Mail: Frank Helies, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#d5b3a7b4bbbefbbdb0b9bcb0a695bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="2b4d594a454005434e47424e586b45444a4a054c445d">[email protected]</span></a>.

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]
 BILLING CODE 3510-22-P


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