Fisheries of the Caribbean, Gulf of America, and South Atlantic; Reef Fish Fishery of the Gulf and Coastal Migratory Pelagic Fishery of the Gulf and Atlantic Region; Request for an Exempted Fishing Permit

Issuing agencies

Abstract

NMFS announces the receipt of an application for an exempted fishing permit (EFP) to support cooperative research activities funded by the NOAA RESTORE Science Program to verify, characterize, monitor, and model multi-species fish spawning aggregations in Federal waters of the Gulf of America (Gulf). This notice gives the public an opportunity to review the application and provide comments to NMFS regarding the request for an EFP.

Full Text

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<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Notices]
[Pages 67821-67823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21999]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG110]


Fisheries of the Caribbean, Gulf of America, and South Atlantic; 
Reef Fish Fishery of the Gulf and Coastal Migratory Pelagic Fishery of 
the Gulf and Atlantic Region; Request for an 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) to support cooperative research activities funded 
by the NOAA RESTORE Science Program to verify, characterize, monitor, 
and model multi-species fish spawning aggregations in Federal waters of 
the Gulf of America (Gulf). This notice gives the public an opportunity 
to review the application and provide comments to NMFS regarding the 
request for an EFP.

DATES: Written comments must be received no later than November 12, 
2026.

ADDRESSES: You may submit comments on the application, identified by 
NOAA-NMFS-2026-2806, by either 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 type NOAA-NMFS-2026-2806 in the Search box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit all written public comments to Frank Helies, 
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

[[Page 67822]]

viewing on <a href="https://www.regulations.gov">https://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.
    An electronic copy of the application may be obtained from the 
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/cooperative-research-and-management-fish-spawning-aggregations-gulf/">https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/cooperative-research-and-management-fish-spawning-aggregations-gulf/</a>.

FOR FURTHER INFORMATION CONTACT: Frank Helies, phone: 727-824-5305, 
email: <a href="/cdn-cgi/l/email-protection#7c1a0e1d12175214191015190f3c12131d1d521b130a"><span class="__cf_email__" data-cfemail="432531222d286d2b262f2a2630032d2c22226d242c35">[email&#160;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.
    NMFS received a request from Sustainable Marine Solutions to obtain 
an EFP that would exempt research activities funded by the NOAA RESTORE 
Science Program. The goals of the research are to verify, characterize, 
monitor, and model multi-species fish spawning aggregations (FSAs) in 
Federal waters of the Gulf. The applicant requested exemptions from the 
applicable Federal regulations for project participants to harvest 
several species of Gulf reef fish and coastal migratory pelagic anytime 
during a year. If NMFS issues the EFP, the EFP could exempt 
participants from bag and size limits and area and seasonal closures. 
The applicant requested that the EFP be valid through December 31, 
2030. The EFP request is further summarized below. Specific details, 
explanations, and reference citations are available in the submitted 
application (see ADDRESSES).
    The proposed project would engage federally permitted commercial 
and recreational charter vessel (for-hire) fishermen to bridge the 
science-to-policy gap via advisory groups and an inclusive process to 
identify priority FSAs for characterization, monitoring, and modeling. 
The would conduct cooperative research trained professional captains on 
up to 120 sampling trips over 4 years (approximately 30 trips per 
year). An initial set of sites was identified during a workshop funded 
by the RESTORE Science Program and additional sites would be identified 
during meetings with small groups of fishermen during 2026 and 2027 and 
opportunistically through the life of project using information from a 
large monitoring database, bathymetric data, and geomorphological and 
seasonal cues from published and grey literature reports, as well as 
fishermen's knowledge. The applicant would prioritize those potential 
FSA sites for verification sampling using criteria developed in 
collaboration with scientists, managers, and fishermen.
    FSAs can be verified using direct evidence (e.g., observed gamete 
release or gonad dissection) and supported by indirect evidence (e.g., 
courtship coloration and behavior). The EFP would allow the trained 
captains to attempt to verify FSAs. Fishermen would conduct limited 
sampling to verify predicted spawning aggregations largely following 
protocols outlined in Heyman et al. (2017). To ensure data quality, 
accountability, and project management, captains would undergo training 
and certification by RESTORE project partners to participate as members 
of a Study Fleet. Study Fleet participants would operate federally-
permitted commercial or recreational for-hire fishing vessels. 
Participants would be compensated through pre-agreed arrangements.
    Sampling trips would be authorized for pre-agreed and limited 
numbers of pre-determined species at highly specific, pre-agreed times 
and locations. Target species would include commercially and 
recreationally important species that are known to aggregate to spawn, 
including federally-managed triggerfish, groupers, snappers, jacks, 
mackerel, and cobia. The number of annual samples to be collected at 
each predicted time and location would be minimal (between 2-5 fish), 
particularly for large-bodied and slower growing species. In total, the 
EFP requests permission to collect 233 fishes each year for four years. 
(See table 1 in the application for details.) Potential study sites 
include the entire Gulf in depths from 10 to 1,800 feet (1 foot is 
approximately 0.305 meters) and sampling may occur at any time of the 
year.
    Prior to each sampling trip, Study Fleet participants would 
complete a pre-trip agreement form with RESTORE scientists and be 
provided with all necessary equipment for sample and data collection. 
At specified times and locations, Study Fleet participants would use 
hook-and-line gear (automatic reel, bandit gear, bottom longline, and 
rod and reel) to capture targeted species. When captured, each sampled 
fish would be marked with an identifying tag and photographed to mark 
time and location of sampling. These samples would be immediately 
immersed in an ice bath for rapid cooling and euthanasia and then 
stored on ice. Samples would be returned to the dock as soon as 
practicable, but no more than 48 hours post capture to ensure sample 
quality. Study Fleet participants would coordinate their return with 
RESTORE project partners, who would serve as dockside samplers. 
Samplers, pre-trained and certified for data collection in this 
project, would meet Study Fleet participants upon their arrival. Study 
Fleet collected samples and associated data sheets would be transferred 
to project scientists and recorded with chain of custody signatures to 
ensure all samples are accounted for, sample numbers do not exceed 
agreed-upon numbers or species, and serve as documentation to support 
fishermen's compensation.
    Non-target species caught during sampling would be noted on the 
data sheet. These fishes would either be released, with a descending 
device if possible, or retained by Study Fleet participants if 
retention is permitted under the applicable regulations. All other 
fishes collected for the study would be donated to charity.
    Project scientists would append the field data sheet to include 
measurements recorded at dockside. These would include time and 
location of capture, species, sex, morphometrics, and photographs of 
the entire fish with gonads extracted and close-up photographs of 
gonads only. Otoliths would be removed for aging and gonad samples 
would be collected for histology to determine sex and reproductive 
status as in Brown-Peterson et al. (2011). Aging and histological 
analysis would be conducted under contract with the Marine Resources 
Monitoring, Assessment and Prediction program, otherwise referred to as 
MARMAP. NMFS finds the application warrants further consideration based 
on a preliminary review. In order to allow Study Fleet participants to 
conduct the requested sampling using commercial and for-hire vessels 
throughout the Gulf during any time of year, the EFP may include 
exemptions from size limits specified in 50 CFR 622.37 and 622.380, bag 
limits specified in 50 CFR 622.38 and 622.382, individual fishing quota 
requirements specified in 50 CFR 622.21 and 622.22, seasonal and area 
closures specified in 50 CFR 622.34 and 622.36, and restrictions on 
sale and purchase specified in 50 CFR 622.40 and 622.386. Possible 
conditions the agency may impose on the permit, if granted,

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include but are not limited to, a prohibition on sampling within marine 
protected areas, marine sanctuaries, special management zones, or areas 
where testing might interfere with managed fisheries without additional 
authorization. Additionally, NMFS may require special protections for 
Endangered Species Act-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 
agencies of the affected states, the Gulf 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 applicable laws.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 26, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-21999 Filed 10-27-26; 8:45 am]
BILLING CODE 3510-22-P


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