Notice2021-13908
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Exempted Fishing Permit
Primary source
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Published
June 30, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the NMFS Panama City, FL laboratory. If granted, the EFP would authorize NMFS or NMFS contracted observers and commercial fishers aboard contracted commercial fishing vessels to collect certain deep-water snapper species in waters of the U.S. exclusive economic zone (EEZ) off Puerto Rico. The EFP would exempt this activity from complying with certain seasonal and area closures and from certain bag limits in the U.S. Caribbean EEZ. The purpose of the EFP is to describe benthic habitats for deep-water reef fish species off Puerto Rico and to determine life history information for black, blackfin, cardinal, queen, silk, and wenchman snappers.
Full Text
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<title>Federal Register, Volume 86 Issue 123 (Wednesday, June 30, 2021)</title>
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[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34722-34724]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13908]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB158]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Exempted
Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 34723]]
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 NMFS Panama City, FL laboratory. If
granted, the EFP would authorize NMFS or NMFS contracted observers and
commercial fishers aboard contracted commercial fishing vessels to
collect certain deep-water snapper species in waters of the U.S.
exclusive economic zone (EEZ) off Puerto Rico. The EFP would exempt
this activity from complying with certain seasonal and area closures
and from certain bag limits in the U.S. Caribbean EEZ. The purpose of
the EFP is to describe benthic habitats for deep-water reef fish
species off Puerto Rico and to determine life history information for
black, blackfin, cardinal, queen, silk, and wenchman snappers.
DATES: Comments must be received no later than July 30, 2021.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2021-0058'', by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2021-0058'' in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit written comments to Sarah Stephenson,
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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 EFP application and related documents are
available from the website at <a href="https://www.fisheries.noaa.gov/southeast/caribbean-exempted-fishing-permits-efps">https://www.fisheries.noaa.gov/southeast/caribbean-exempted-fishing-permits-efps</a>.
FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, 727-824-5305; email:
<a href="/cdn-cgi/l/email-protection#7f2c1e0d1e17512c0b1a0f171a110c10113f11101e1e51181009"><span class="__cf_email__" data-cfemail="d98ab8abb8b1f78aadbca9b1bcb7aab6b799b7b6b8b8f7beb6af">[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.
The applicant is currently conducting exempted fishing activities
under an EFP for a similar deep-water snapper research project off
Puerto Rico that was issued on July 30, 2020, and is valid through
August 1, 2021. Notice of receipt of the application for the current
EFP, with an opportunity to comment, published in the Federal Register
on June 16, 2020 (85 FR 36377). No public comments on that EFP were
received from that notice or since then.
The applicant requests authorization to collect deep-water reef
fish species in the U.S. EEZ off the west coast, northeast coast, and
southeast coast of Puerto Rico. The applicant is seeking to gather
information that could be used to describe habitats for deep-water reef
fish species off Puerto Rico, and to obtain additional life history
information about black, blackfin, cardinal, queen, silk, and wenchman
snappers. Specimens would be collected by NMFS or NMFS contracted
observers and commercial fishers aboard contracted commercial fishing
vessels. These activities may be conducted without NMFS staff aboard
the contracted commercial vessel. If granted, this permit would exempt
project participants from certain seasonal and area closure regulations
codified at 50 CFR 622.435 and from certain reef fish bag limit
regulations codified at 50 CFR 622.437(b), as identified and described
below. Pending issuance, the EFP would be expected to be effective from
August 1, 2021, through August 1, 2023. NMFS has approved a Fishery
Management Plan for the EEZ off Puerto Rico. Regulations to implement
that plan, which maintains the same seasonal and area closures and bag
limits applicable to Federal waters off Puerto Rico as under the
Fishery Management Plan for the Reef Fish Fishery or Puerto Rico and
the U.S. Virgin Islands and codified at 50 CFR 622.435 and 622.437, are
likely to be proposed in the near future. If those regulations are
finalized, the EFP will be updated to reflect the proper citations for
the exempted regulations.
Activities under the EFP would consist of harvesting reef fish
during 135 fishing trips per year (45 trips per coast), of which 40
trips would be within the U.S. EEZ off Puerto Rico. The remaining trips
would be conducted in Puerto Rico territorial waters. The target depth
range for this project is 100 to 650 m, with sampling sites selected in
each 50 m depth range throughout the overall depth range.
Project activities would be conducted from August 1, 2021, through
August 1, 2023. Sampling off the coast of Puerto Rico would occur along
the western coast from Isabela to Puerto Real, including Isla de
Desecheo Marine Reserve; along the northeast coast from San Juan to
Fajardo, extending out to Isla de Culebra; and along the southeast
coast from Santa Isabel to Buena Vista, extending out to Isla de
Vieques. Sampling is planned to occur for approximately 7 to 10 days
per month year-round over the duration of the EFP.
Sampling would be conducted by hook-and-line drift fishing in deep-
water habitats. On each fishing trip, three to six sites would be
fished per day based on weather and distance between the sampling
sites. Four vertical lines would be deployed per site. The first line
would have a small, lightweight, water sampling device, which when
impacting the seafloor, would trigger a syringe to collect a water
sample (no hooks would be attached to this line). The line would then
be immediately retrieved. This line would also test for water current
direction before other equipment is deployed to minimize the potential
gear loss.
The second line would have an underwater video camera system
encased in a lightweight frame with an extended baited arm attached to
the bottom portion of the line (no hooks would be attached to this
line). Once deployed, the underwater video camera system would soak for
30 minutes at the sampling site.
The third and fourth lines would each have a maximum of 12 (#9)
hooks attached to the bottom portion of the line above a 5-10 pound
bottom weight. One line would be baited with fish and the other line
baited with squid. The baited lines would be fished simultaneously, and
include a small blinking LED light attached to the line. Once deployed,
the two fishing lines would soak for 20 minutes. All lines would be
retrieved via electric reel on the commercial vessel.
The applicant would target black, blackfin, cardinal queen, silk,
and wenchman snappers, but also anticipates encountering other deep-
water reef fish species during sampling. Each year, a maximum of 1,060
of the targeted species (up to 60 black snapper; up to 200 blackfin
snapper; up to 200 cardinal snapper; up to 200 queen snapper; up to 200
silk snapper; and up
[[Page 34724]]
to 200 wenchman snapper) would be retained under the EFP. Additionally,
each year, a maximum of 350 of the incidental species (up to 100
vermilion snapper; up to 100 red hind; up to 100 black, red, tiger, and
yellowfin grouper, combined; and up to 50 misty and yellowedge grouper,
combined) would be retained. If the incidental deep-water reef fish
species are caught during the applicable seasonal and area closures,
they would be possessed onboard the vessel only for the purpose of
taking length measurements and tissue samples (fin clips or muscle
plugs) prior to being returned to the water.
Length measurements would be recorded for all species caught except
for any species for which harvest is prohibited under Federal law
(i.e., goliath and Nassau groupers, and midnight, rainbow, and blue
parrotfishes). These prohibited species would be returned immediately
to the water with a minimum of harm. For the targeted species, the
gonads, eyes, fin or muscle tissues, and otoliths would be removed for
histological and ageing analyses conducted by NMFS and the contracted
observers, Puerto Rico's Department of Natural and Environmental
Resources, and the University of South Carolina.
In order to minimize the negative biological effects of bringing
these deep-water species to the surface, the commercial fishing vessel
would have venting tools onboard to properly vent fish being released
back in the water to facilitate their return to depth.
Under the EFP, the applicant would be allowed to fish for and
possess deep-water reef fish species in or from the Bajo de Sico closed
area during the October 1 through March 31 closure period (50 CFR
622.435(a)(2)(iv)). A maximum of 25 fishing trips would occur per year
in the Bajo de Sico area, 50 total during the project. Of those 50
trips, it is estimated that 25 trips would occur during the seasonal
closure in the Bajo de Sico area. In addition, the applicant would be
allowed to fish for and possess the deep-water reef fish species during
species-specific seasonal closures: Black, red, tiger, yellowfin, and
yellowedge grouper during the February 1 through April 30 seasonal
closure (50 CFR 622.435(a)(1)(i)); red hind during the December 1
through the last day of February seasonal closure from the EEZ west of
67[deg]10' W longitude (50 CFR 622.435(a)(1)(ii)); and black, blackfin,
silk, and vermilion snappers during the October 1 through December 31
seasonal closure (50 CFR 622.435(a)(1)(iii)). The applicant would also
be exempt from certain recreational bag limit regulations at 50 CFR
622.437(b)(1), though the EFP would specify retention limits.
Specifically, the applicant would be limited to 30 groupers and
snappers, combined, per person per day or, if 2 or more persons are
aboard, 60 groupers and snappers, combined, per vessel per day. The
parrotfish recreational bag limit of 2 parrotfish per person per day
or, if 3 or more persons are aboard, 6 parrotfish per vessel per day
would still apply.
The applicant intends to retain samples of the targeted species
caught during the seasonal or area closures. After samples are taken
from the targeted species, the remainder of the fish caught during a
seasonal or area closure would be given to the contracted commercial
fishermen for personal use and consumption. For incidental species, the
EFP would allow the applicant to possess the species during the
applicable seasonal and area closures for sufficient time to record
length measurements and to collect tissue samples. If the targeted or
incidental species are caught outside the closed seasons and closed
areas, the commercial fishermen may retain them, consistent with
applicable law.
NMFS finds this application warrants further consideration based on
a preliminary review. Possible conditions the agency may impose on this
permit, if it is granted, include but are not limited to, a prohibition
on conducting sampling activities within marine protected areas, marine
sanctuaries, or special management zones, without additional
authorization, and requiring compliance with best practices in the
event of interactions with any protected species. NMFS may also require
annual reports summarizing the amount of reef fish species harvested
during the seasonal and area closures, as well as during the period of
effectiveness of any issued EFP. Additionally, NMFS would require any
sea turtles taken incidentally during the course of the activities to
be handled with due care to prevent injury to live specimens, observed
for activity, and returned to the water.
A final decision on issuance of the EFP will depend on NMFS' review
of public comments received on the application, consultations with the
affected state(s), the Caribbean Fishery Management Council, and the
U.S. Coast Guard, and a determination that it is consistent with all
applicable law.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-13908 Filed 6-29-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.