Notice2024-07304
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permits
Primary source
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Published
April 5, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from LGL Ecological Research Associates Inc. If granted, the EFP would allow the retention, up to 24 hours, and lethal harvest of a limited number of red drum, king mackerel, and Spanish mackerel harvested by approved participants in the Louisiana commercial menhaden purse seine fishery in Federal waters during the 2024 menhaden season. The project would seek to quantify bycatch and test post- release mortality of these species in the fishery to assess impacts the fishery may have on Federally-managed species in the Gulf of Mexico (Gulf).
Full Text
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<title>Federal Register, Volume 89 Issue 67 (Friday, April 5, 2024)</title>
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[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23985-23986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07304]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD680]
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 LGL Ecological Research Associates Inc. If
granted, the EFP would allow the retention, up to 24 hours, and lethal
harvest of a limited number of red drum, king mackerel, and Spanish
mackerel harvested by approved participants in the Louisiana commercial
menhaden purse seine fishery in Federal waters during the 2024 menhaden
season. The project would seek to quantify bycatch and test post-
release mortality of these species in the fishery to assess impacts the
fishery may have on Federally-managed species in the Gulf of Mexico
(Gulf).
DATES: Written comments must be received on or before April 22, 2024.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2024-0048'', by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
type ``NOAA-NMFS-2024-0048'' in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Dan Luers, 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="https://www.regulations.gov">https://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/bycatch/exempted-fishing-permit-quantification-bycatch-composition-and-survival/">https://www.fisheries.noaa.gov/southeast/bycatch/exempted-fishing-permit-quantification-bycatch-composition-and-survival/</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, 727-824-5305,
<a href="/cdn-cgi/l/email-protection#7a3e1b14131f1654360f1f08093a14151b1b541d150c"><span class="__cf_email__" data-cfemail="6a2e0b04030f0644261f0f18192a04050b0b440d051c">[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.
Red drum, king mackerel, and Spanish mackerel are Federally-managed
species that occur in Gulf waters that are caught as bycatch in the
Louisiana commercial menhaden purse seine fishery, which operates in
state and Federal waters. The proposed research would quantify bycatch
from the Louisiana menhaden purse seine fishery as they occur in purse
seine nets, fish excluder grates, dewatering screens, and release
chutes, with the goal of quantifying bycatch for each exclusion method
within the fishery and evaluate the post-release mortality of red drum,
king mackerel, and Spanish mackerel caught as bycatch by the fishery.
Approximately 400 purse seine sets are expected to occur during the
2024 menhaden purse seine season (April 15-November 1, 2024) in water
depths less than 60 feet (18 meters). During fishing operations, the
applicant would accompany 1 of the 53 state-permitted vessels, which
deploys a 1,200 to 1,500 foot (366 to 457 meters) purse seine for a
soak time of 20 to 45 minutes and a second vessel pumps the catch
(catch-collecting vessel) from the net into the hold. In this project,
researchers on board the catch-collecting vessel would record bycatch
caught by each exclusion method described in the previous paragraph.
Off Louisiana, the commercial harvest of menhaden is
[[Page 23986]]
restricted to waters seaward of a boundary line described in the
states' statutes (Louisiana Title 76) and includes both state and some
Federal waters. The majority of fishing activities under this EFP are
expected to occur in Louisiana State waters, but fishing operations
could occur in Federal waters as the menhaden migrate from inshore
estuarine waters to offshore marine waters in October. NMFS estimates
that 64 of the 400 sets anticipated for the 2024 menhaden season could
occur in Federal waters.
The EFP would allow the applicant to harvest up to 200 individuals
each of red drum, king mackerel, and Spanish mackerel during the 2024
menhaden season to determine sex ratios. An additional number of red
drum, king mackerel, and Spanish mackerel (up to 400 per species) would
be held for 24 hours in tanks with continuous water flow on board the
catch-collecting vessel to assess short-term survival and then would be
tagged and released. All other bycatch initially retained by the
applicant would be returned to the water. Red drum, king mackerel, and
Spanish mackerel that die during normal fishing operations, or that die
in the survival study, would be preferentially biopsied to minimize
mortality attributed to this study. No red drum, king mackerel, and
Spanish mackerel landed as part of the project would be sold.
Federal regulations at 50 CFR 622.92(b) prohibit the harvest and
possession of red drum in or from the Gulf Federal waters and any red
drum caught in the Gulf Federal waters must be released immediately
with a minimum of harm. The EFP would allow the applicant to biopsy up
to 200 red drum and possess for up to 24 hours an additional 400 red
drum during the 2024 menhaden purse seine season (April 15-November 1,
2024).
Federal regulations at 50 CFR 622.375(a)(1)(iv) and 622.375(b)(3)
prohibit the harvest of king mackerel and Spanish mackerel by purse
seine gear. Additionally, regulations at 50 CFR 622.380(b) prohibit
possession of king mackerel less than 24 inches (61 cm), fork length,
and 622.380(c) prohibit possession of Spanish mackerel less than 12
inches (30.5 cm), fork length. The EFP would allow the applicant to
biopsy up to 200 of each species, including undersized fish, and
possess for up to 24 hours an additional 400 each of king mackerel and
Spanish mackerel and using purse seine gear during the 2024 menhaden
purse seine season.
If granted, the EFP would be effective from April 15, 2024, through
December 31, 2024. The applicant and commercial menhaden fishermen and
vessels participating in the EFP must comply with all other applicable
laws and regulations.
NMFS finds the application warrants further consideration based on
a preliminary review. At its January 2024 meeting, the Gulf of Mexico
Fishery Management Council reviewed the application and recommended
that NMFS issue the EFP. 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, 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: April 2, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-07304 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-22-P
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