Notice2021-28352
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit
Primary source
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Published
December 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 REEF Environmental Education Foundation (REEF). If granted, the EFP would authorize the deployment of non- containment and spiny lobster traps in the Federal waters of the South Atlantic by research and contracted commercial vessels to target lionfish. The project would seek to determine the effectiveness of these traps for attracting and collecting invasive lionfish while avoiding impacts to non-target species and habitats.
Full Text
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<title>Federal Register, Volume 86 Issue 248 (Thursday, December 30, 2021)</title>
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[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Notices]
[Pages 74404-74406]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28352]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB590]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
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 REEF Environmental Education Foundation
(REEF). If granted, the EFP would authorize the deployment of non-
containment and spiny lobster traps in the Federal waters of the South
Atlantic by research and contracted commercial vessels to target
lionfish. The project would seek to determine the effectiveness of
these traps for attracting and collecting invasive lionfish while
avoiding impacts to non-target species and habitats.
DATES: Written comments must be received on or before January 14, 2022.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2021-0119'' 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-2021-0119'' in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Kelli O'Donnell, 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
<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 application and programmatic environmental
assessment (PEA) may be obtained from the Southeast Regional Office
website at <a href="https://www.fisheries.noaa.gov/action/lionfish-traps-exempted-fishing-permit-applications">https://www.fisheries.noaa.gov/action/lionfish-traps-exempted-fishing-permit-applications</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 727-824-5305; email:
<a href="/cdn-cgi/l/email-protection#7a111f16161354151e1514141f16163a14151b1b541d150c"><span class="__cf_email__" data-cfemail="355e5059595c1b5a515a5b5b505959755b5a54541b525a43">[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, which are a type
of trap historically used in the directed fishery for blue crab, stone
crab, red crab, jonah crab, or spiny lobster and that contains at any
time not more than 25 percent, by number, of fish other than blue crab,
stone crab, red crab, jonah crab, and spiny lobster (50 CFR 622.2). The
EFP would exempt these activities from the regulations prohibiting the
use or possession of a fish trap in Federal waters of the South
Atlantic at 50 CFR 622.9(c) and exempt the activities from the spiny
lobster seasonal closures at 50 CFR 622.403(b) and (c). This allows the
applicant to use non-containment traps and spiny lobster traps to
target lionfish throughout the calendar year, including during the
spiny lobster closed season off Florida. This exemption does not apply
to fishing in areas where spiny lobster trap fishing is currently
prohibited in Federal waters to protect corals (50 CFR 622.406). As
described in more detail later in this notice, the EFP will allow
[[Page 74405]]
lionfish to be retained year-round from both the non-containment and
the spiny lobster traps. The lionfish could be retained for personal
use, which includes further scientific studies, and commercial use.
Other incidentally caught species may be retained from the spiny
lobster traps during the spiny lobster open season for personal and
commercial use. Commercial use is limited to the contracted commercial
fishers and must comply with all applicable laws and regulations.
Additionally, to allow for retention of lionfish and incidental species
from the traps as outlined, the EFP would exempt the applicant from
commercial and recreational trap gear restrictions at 50 CFR 600.725(v)
for the South Atlantic Snapper-Grouper Commercial and Recreational
Fisheries (FMP) and from recreational trap gear restrictions for the
Recreational Fishery (non-FMP).
The applicant seeks an EFP to test the effectiveness of non-
containment traps 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 concerning non-containment traps and use or spiny
lobster traps outside of the spiny lobster fishing season 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.
REEF is requesting authorization to test non-containment traps in
the South Atlantic to harvest lionfish aboard federally permitted
commercial spiny lobster fishing vessels and state of Florida research
vessels. The proposed activities would examine the effectiveness and
performance of non-containment traps for capturing lionfish, with the
goal of identifying the best non-containment trap modification to
maximize lionfish catch and reduce bycatch of other species. Both the
non-containment and the spiny lobster traps would be fished singularly
or in a trawl configuration with a maximum of 32 traps and 2 surface
lines with buoys per trawl. Some traps would be outfitted with cameras
and/or hydrophones. Non-containment traps would be compared to standard
spiny lobster trap controls. The standard spiny lobster traps to be
used in the EFP would have a current endorsement, stamp, or
certification. Sampling with the traps in the South Atlantic would
occur in Federal waters in water depths from 100-300 ft (30-100 m)
between Alligator Reef and Looe Key Reef in the Florida Keys.
Commercial vessels would complete 20 trips per year while state
research vessels would complete 30 trips per year for a maximum of 50
trips per year among all participating project vessels. Only areas open
to commercial lobster fishing would be included in the study area and
the complete calendar year would be available for sampling as a result
of the lobster season exemptions in the EFP. No more than 100 non-
containment traps would be deployed in the water at any given time,
regardless of number of vessel deploying traps. During the spiny
lobster closed season, no more than 100 non-containment and 100 spiny
lobster traps would be deployed in the water at any given time. Trap
soak times would vary, but they would not exceed 21 days per
deployment. No bait would be used in the non-containment traps. Spiny
lobster traps would be fished normally, with or without bait, at the
discretion of the commercial fishermen. The project would deploy both
non-containment traps and spiny lobster traps in various
configurations. The spiny lobster traps would serve as control traps
for the project and act as a way to examine the performance of the non-
containment traps as a gear type for harvesting lionfish. As
practicable, video and still photographs of trap deployment and animal
behavior in and near traps would be recorded using remotely operated
vehicles.
REEF would contract up to three federally permitted commercial
lobster trap vessels crewed by fishermen with experience fishing within
the study area. Additionally, the commercial vessel contractors must
have demonstrable experience in the catching and handling of lionfish.
The other project vessels would be two state of Florida research
vessels. Researchers would be onboard the commercial vessels if
scheduling allows. Data to be collected per trip would include: Non-
containment trap design, gear configuration, and fishing effort data
(e.g., date and time of deployment and retrieval, latitude, longitude,
and water depth of each deployed trawl, soak time); 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. Commercial
fishermen would be allowed to retain lionfish caught in the non-
containment trap and spiny lobster traps for commercial catch year-
round. During the spiny lobster open season, commercial fishermen would
be able to retain for commercial purposes species caught from spiny
lobster traps, including lionfish, subject to current regulations. In
particular, depending on REEF's commercial vessels selected, 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). The researchers and contracted
commercial fishers also can retain lionfish from the non-containment
and spiny lobster traps year-round for personal use, including further
scientific study. Other incidentally caught species can be retained
from the spiny lobster traps during the spiny lobster open season for
personal use, subject to applicable law (e.g., bag and possession
limits). The EFP, if issued, will provide appropriate exemptions from
the list of authorized gear types at 50 CFR 600.725(v) to allow the
species to be retained for commercial and recreational purposes from
trap gear. This would include an exemption from the recreational trap
gear restrictions for the Recreational Fishery (Non-FMP) in the South
Atlantic at 50 CFR 600.725(v) to allow the use of traps to retain
lionfish for recreational purposes year-round, and an exemption from
the commercial and recreational trap gear restrictions for the South
Atlantic Snapper-Grouper Commercial and Recreational Fisheries (FMP) to
allow the use of traps to retain managed snapper-grouper species for
recreational purposes during the spiny lobster open season.
``Recreational purposes'' covers harvest for further scientific studies
of lionfish as well as for personal consumption of lionfish and managed
species caught in the traps. Previous lionfish studies from 100
deployments showed non-containment trap bycatch to consist only of
striped burrfish, jackknife fish, and tattler bass, so lionfish is
anticipated to be the primary species harvested out of the
[[Page 74406]]
non-containment traps and bycatch of non-target species is expected to
be minimal. Bycatch from the spiny lobster traps are expected to be
similar to that from the spiny lobster trap fishery in the South
Atlantic.
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 on
conducting activities within marine protected areas, marine
sanctuaries, or special management zones. 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 agency of the affected state, the South
Atlantic Fishery Management Council, 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: December 27, 2021.
Karen Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-28352 Filed 12-29-21; 8:45 am]
BILLING CODE 3510-22-P
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