Notice2023-14186
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permits
Primary source
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Published
July 5, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. Max Lee, Mote Marine Laboratory and Aquarium (Mote), Center for Fisheries Electronic Monitoring, Sarasota, Florida. If granted, the EFP would allow the retention of a limited number of undersized red grouper in Gulf of Mexico (Gulf) Federal waters by three federally permitted commercial reef fish bottom longline vessels. The results from this EFP are expected assist in Federal fishery management decisions.
Full Text
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<title>Federal Register, Volume 88 Issue 127 (Wednesday, July 5, 2023)</title>
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[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42917-42918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14186]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD007]
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 Dr. Max Lee, Mote Marine Laboratory and
Aquarium (Mote), Center for Fisheries Electronic Monitoring, Sarasota,
Florida. If granted, the EFP would allow the retention of a limited
number of undersized red grouper in Gulf of Mexico (Gulf) Federal
waters by three federally permitted commercial reef fish bottom
longline vessels. The results from this EFP are expected assist in
Federal fishery management decisions.
DATES: Written comments must be received on or before August 4, 2023.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2023-0076'' by any of the following methods:
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-2023-0076'' in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Submit written comments to Rich Malinowski, 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, etc.), 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 may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/southeast/science-data/exempted-fishing-permit-mote-marine-lab-red-grouper-full-retention-study?check_logged_in=1">https://www.fisheries.noaa.gov/southeast/science-data/exempted-fishing-permit-mote-marine-lab-red-grouper-full-retention-study?check_logged_in=1</a>.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, 727-824-5305; email:
<a href="/cdn-cgi/l/email-protection#73011a101b5d1e121f1a1d1c0400181a331d1c12125d141c05"><span class="__cf_email__" data-cfemail="89fbe0eae1a7e4e8e5e0e7e6fefae2e0c9e7e6e8e8a7eee6ff">[email protected]</span></a>.
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.
Federal regulations at 50 CFR 622.37(b)(2)(i) prohibit the
possession, sale, or purchase red grouper less the commercial minimum
size limit of 18 inches (45.7 cm), total length (TL). The EFP would
allow the possession, sale, and purchase of a limited number of
[[Page 42918]]
undersized red grouper that are harvested seaward of a line
approximating the 35-fathom (64-meter) contour on 3 federally permitted
commercial vessels with eastern Gulf reef fish bottom longline
endorsement (project vessels). The EFP would allow the applicant to
study an optimized retention management strategy that would require
retention of all undersized red grouper harvested by bottom longline
gear in Gulf Federal waters deeper than 35 fathoms (64 meters). The
project would also examine the effectiveness of incentivizing bottom
longline fisherman to target fishing areas where undersized red grouper
discards are historically low.
Over 6 years of electronic monitoring (EM) data collected by the
applicant indicates that in the primary red grouper commercial fishing
areas of the eastern Gulf, 46.7 percent of red grouper harvested in
waters less than 35 fathoms (64 meters) are undersized and discarded.
Of those discarded undersized red grouper, an estimated 25 percent of
those discarded red grouper die after release. For red grouper
commercially harvested in water deeper than 35 fathoms (64 meters),
18.7 percent of the fish are undersized and discarded, of which 42.7
percent estimated to die. These derived discard mortality estimates are
a minimum value for bottom longline gear given the increased biological
stresses on discarded fish that can occur when using this gear type. In
2018, the Southeast Data Assessment and Review 61, used a discard
mortality rate of 44.1 percent for red grouper harvested with bottom
longline gear.
The optimized retention management strategy tested under the EFP
would require retention of all undersized red grouper harvested deeper
than 35 fathoms on the three project vessels during their normal
fishing operations. The applicant chose the 35 fathom (64 meter) depth
contour based on the EM discard data, which indicates that
approximately 3,000 lb (1,361 kg), gutted weight, of undersized red
grouper would be subjected to high post-release mortality (and thus
lost to both the fishery and the population) and could be sustainably
retained. Therefore, the undersized fish retention limit is expected to
eliminate red grouper discards in water deeper than 35 fathoms (64
meters). The 35 fathom (64 meter) depth contour is also consistent with
the Gulf reef fish bottom longline seasonal prohibition in 50 CFR
622.35(b)(1).
The EFP would be effective from January 1, 2024, through December
31, 2024, or until the project vessels have retained a combined 3,000
lb (1,361 kg), gutted weight, of undersized red grouper. The three
project vessels would be equipped with EM systems, which use multiple
cameras and sensors to record fishing activity, and would be required
to have the EM systems on during all commercial fishing activities. In
Gulf Federal waters, all commercial grouper harvest occurs within the
individual fishing quota (IFQ) system where each participating
commercial vessel may harvest up to their respective allocation, in
pounds, of an IFQ species. The three project vessels are part of the
IFQ system and will possess the necessary red grouper allocation to
harvest the amount of fish requested under the EFP. The three vessels
will not be changing their normal fishing activities or normal fishing
locations for the project, and except for the limited retention of
undersized red grouper, would comply with all other applicable Federal
regulations.
Undersized red grouper that are harvested in waters seaward of the
line approximating the 35 fathom (64 meter) depth contour will be
fitted with unique tags supplied to each vessel for this project. The
tag will facilitate dockside sorting where these tagged undersized red
grouper will be weighed separately to ensure that the poundage from
undersized red grouper counted towards the total allowable amount under
the EFP. Undersized red grouper will be weighed and processed through
the IFQ system and assigned their own separate category on the weigh-
out ticket, to note any pricing differences from the rest of the IFQ
catch. The tagged fish will be further utilized by Florida Fish and
Wildlife Conservation Commission (FWC) dockside samplers who will
obtain biological data (e.g., length measurements, otoliths). The FWC
will provide the otoliths with corresponding individual fish
information to the NMFS laboratory in Panama City, Florida for aging
analysis. Lastly, after the needed sampling, these fish will be sold by
IFQ dealers and marketability of undersized red grouper would be
assessed.
All trips made by the 3 project vessels will include 100 percent
video review using established and approved protocols to verify fishing
and project activity. The fish tags will serve to link each fish to a
specific location of capture, documented through the EM systems and
vessel monitoring system. Fish catch locations will be linked with
associated metadata (e.g., depth, bottom type), available in a database
of environmental, bathymetric, and physical data.
NMFS finds the application warrants further consideration based on
a preliminary review. Possible conditions the agency may impose on the
EFP, if granted, include but are not limited to, a prohibition on
fishing within marine protected areas, marine sanctuaries, or special
management zones without additional authorization.
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 of Mexico 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 other applicable laws.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 29, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-14186 Filed 7-3-23; 8:45 am]
BILLING CODE 3510-22-P
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