Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit, 10683-10686 [2018-04859]
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices
Council’s website (www.mafmc.org)
prior to the meeting.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG082
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
Dated: March 7, 2018.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–04864 Filed 3–9–18; 8:45 am]
The Mid-Atlantic Fishery
Management Council’s (Council)
Demersal Committee will hold a public
meeting via webinar.
DATES: The meeting will be held on
Tuesday, March 27, 2018, from 9 a.m. to
noon.
ADDRESSES: The meeting will be held
via webinar. The webinar may be
accessed at https://
mafmc.adobeconnect.com/
sfsbsb2018fw/. The audio portion of the
webinar may also be accessed via phone
by dialing 1–800–832–0736 and
entering room number 5068871.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; website:
www.mafmc.org.
BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
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SUMMARY:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council’s
Demersal Committee will meet jointly
with a subset of the Atlantic States
Marine Fisheries Commission’s Summer
Flounder, Scup, and Black Sea Bass
Management Board. The purpose of the
meeting is to discuss draft management
alternatives for an action which will
consider adding the following
management options to the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan: (1)
Conservation equivalency for the
recreational black sea bass fishery, (2)
Transit provisions for Block Island
Sound for recreational fisheries for all
three species, and (3) Slot limits for
recreational fisheries for all three
species. The two groups will also
discuss the possibility of evaluating and
modifying recreational management
measures based on the annual catch
limit, rather than the recreational
harvest limit.
A detailed agenda and background
documents will be posted to the
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG033
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Exempted Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of applications
for exempted fishing permits; request
for comments.
AGENCY:
NMFS announces the receipt
of five applications for exempted fishing
permits (EFPs) from the Florida Fish
and Wildlife Conservation Commission
(FWC), Alabama Department of
Conservation and Natural Resources
(ADCNR), Mississippi Department of
Marine Resources (MDMR), Louisiana
Department of Wildlife and Fisheries
(LDWF), and Texas Parks & Wildlife
Department (TPWD). If granted, the
EFPs would authorize the applicants,
with certain conditions, to set the
season(s) for red snapper caught by the
private angling component, the Federal
charter vessel/headboat (for-hire)
component, or both, as applicable, and
landed in each respective state. The
EFPs would do so by exempting persons
from the annual closed Federal fishing
seasons if they are landing red snapper
in the participating states during the
states’ open seasons as set by those
states, as described in more detail
below. These annual closed Federal
fishing seasons are the seasonal closure
for red snapper which is January 1
through May 31 each year, and the
closures that occur based on when
NMFS projects that the red snapper
annual catch targets will be reached.
The private angling component includes
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10683
state-permitted for-hire vessels and any
red snapper landings by these for-hire
vessel would be counted against the
private angling component quota.
However, these state-permitted for-hire
vessels would not be able to fish in
Federal waters. NMFS would set
separate Federal seasons for Federally
permitted for-hire vessels and privateanglers not covered by any EFP. Red
snapper landings would be monitored
by the respective states and the state
seasons set under the EFPs would close
when a state’s assigned quota is
reached, or projected to be reached.
These studies, to be conducted in the
exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf), are intended to
test the effectiveness of Gulf state
management of recreationally caught
red snapper.
DATES: Written comments must be
received on or before April 2, 2018.
ADDRESSES: You may submit comments
on the application, identified by
‘‘NOAA–NMFS–2018–0029’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180029, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, 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 www.regulations.gov
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).
FOR FURTHER INFORMATION CONTACT:
Peter Hood, 727–824–5305; email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The EFPs
are 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.
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Currently, the recreational harvest of
red snapper in the Gulf EEZ is managed,
among other measures, through the use
of a 2-fish recreational bag limit, 16-inch
(40–6 cm), total length (TL) minimum
size limit, and separate quotas and
annual catch targets (ACTs) for the
private angling and Federal for-hire
components within the recreational
sector. State-permitted for-hire vessels
are included in the private angling
component, but are not be able to fish
in Federal waters. The recreational
sector for red snapper in or from Federal
waters is closed from January 1 through
May 31 each year. Prior to June 1 each
year, NMFS determines the respective
component Federal season lengths
based on the ACTs, taking into account
red snapper recreational seasons in state
waters. The recreational components
were established through Amendment
40 to the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico (FMP), which allocated red
snapper resources between the private
angling and Federal for-hire
components; established componentspecific accountability measures (AMs)
through the use of component ACTs to
reduce the likelihood of quota overages,
and implemented a 3-year sunset
provision for the regulations
implemented through Amendment 40
(80 FR 22422, April 22, 2015). The
sunset provision was subsequently
extended for an additional 5 years
(through December 31, 2022) by
Amendment 45 to the FMP (81 FR
86971, December 2, 2016). The Gulf EEZ
recreational quota for red snapper is
6.733 million lb (3.054 million kg),
round weight. The current component
quotas are 2.848 million lb (1.292
million kg), round weight, for for-hire
and 3.885 million lb (1.762 million kg),
round weight, for private angling.
The recreational harvest of red
snapper is also constrained by section
407(d) of the Magnuson-Stevens Act.
This section requires separate quotas for
commercial and recreational fishing
(which for the purposes of the
subsection includes charter fishing), and
a prohibition on the retention of fish
when each sector quota is reached.
Thus, should the total recreational
sector quota be reached, recreational
fishing in the Gulf EEZ is prohibited.
The marine resource management
agencies of the five Gulf states have
submitted EFP applications for the
recreational harvest of red snapper for
the 2018 and 2019 fishing years. These
EFPs would be used to test data
collection and quota monitoring efforts
for state management of red snapper.
Under the proposed EFPs, persons
landing red snapper in the participating
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states would be exempt from current
Federal regulations authorizing the
annual closed Federal fishing seasons
(seasonal closure and ACT closure) and,
therefore, could fish for and possess red
snapper in the EEZ consistent with the
state seasons. The timing of state season
openings would be determined by each
state. Each Gulf state would monitor its
respective recreational landings, and if
the landings reach, or are projected to
reach, the assigned quota, the state
would close its season for the remainder
of the fishing year. Private anglers and
for-hire operators landing red snapper
in the states participating in the EFPs
would be required to have the
appropriate permits and licenses for the
states where they will land the fish and
abide by any other relevant Federal
regulations, including a recreational bag
limit of 2 fish per person per day and
a minimum size limit of 16 inches (40.6
cm), TL. The following provides an
overview of each state’s EFP
application. More detailed information
is provided in the respective
applications and can be viewed at
website: https://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/
LOA_and_EFP/2018/RS
%20state%20pilot/home.html.
FWC
FWC requests an EFP to conduct a
pilot study during the 2018 and 2019
fishing years to test data collection and
quota monitoring methodologies for the
private angling component. The EFP
application does not include federally
permitted for-hire vessels. FWC requests
that 1,305,360 lb (592,101 kg), round
weight, of red snapper from the Gulf
recreational private angling component
quota be made available each year for
fish landed in Florida. This requested
quota is based on the proportion of red
snapper landed in Florida during 2006
through 2015, except for 2010 landings,
which are excluded as a result of the
Deepwater Horizon MC252 oil spill. The
quotas, reduced by a 20 percent buffer
to account for management uncertainty,
would be the basis for calculating
Florida’s Special Red Snapper Fishing
Season. Private anglers would be
required to sign up for the state’s Gulf
Reef Fish Angler program to land select
reef fish species not included in the EFP
application and still subject to
applicable regulations, as well as red
snapper. Red snapper landings would
be monitored through the state’s Gulf
Reef Fish Survey. In addition, anglers
would provide landings information
through a smartphone/tablet
application. For 2018, the projected red
snapper fishing season for private
anglers would be May 25 through June
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17 for the Gulf waters off Florida, based
on the requested quota. If recreational
landings are less than the assigned
quota at the end of this season, and the
Federal recreational quota has not been
met, fishing could reopen in the fall of
2018 and/or 2019 to land the uncaught
portion of the quota. Should the
recreational quota be exceeded in 2018,
FWC proposes a quota overage
adjustment (payback) for the following
year.
ADCNR
The purpose of the EFP requested by
ADCNR is to test an Alabama red
snapper management program for the
private angling component. The EFP
application does not include federally
permitted for-hire vessels. ADCNR
proposes an annual state private angling
component quota of 984,291 lb (446,467
kg), round weight, for 2018 and 2019.
ADCNR determined that this quota
equals 10 percent of the red snapper
biomass estimated by university
researchers to occur in waters off
Alabama. The red snapper biomass is
estimated from fishery-independent
biomass estimates over the three most
recent years that data are available (the
years 2014 through 2016 for the 2018
fishing year). For 2018, ADCNR would
allow red snapper to be landed in
Alabama on weekends (Friday through
Sunday) starting on June 1 and
continuing until the assigned quota, less
10 percent used as a buffer to prevent
quota overages, is reached or projected
to be reached. Currently, ADCNR is
projecting a 47-day season from June 1
through July 17. If sufficient quota is
available, ADCNR would reopen the
season in the fall. The 2019 state private
angling recreational season would be
determined at a later date. Red snapper
landings by anglers fishing from private
angler vessels and state-permitted
charter vessels would be monitored
through a mandatory electronic
reporting program. Should the assigned
quota be exceeded in 2018, ADCNR
proposes a payback of the quota overage
for the following year.
MDMR
MDMR is requesting an EFP to
determine if a state recreational quota
for red snapper can be accurately
managed through a state management
program for the private angling
component. In addition, recreational
harvest and biological information on
this species would be collected and
analyzed by the state. The EFP
application does not include federally
permitted for-hire vessels. The EFP
application requests an annual quota of
137,949 lb (62,573 kg), round weight, of
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red snapper for the private angling
component to be landed in Mississippi
for 2018 and 2019. This quota is based
on 2017 landings reported to MDMR’s
mandatory Tails n Scales electronic
reporting system. Landings in 2018 and
2019 would be tracked by the state
through this same electronic reporting
system and managed to the quota,
reduced by a 10 percent buffer to
prevent quota overages, before closing
the season. In addition, landings would
be validated by MDMR staff through a
dockside survey, phone survey, and
visual effort survey conducted by
MDMR. The red snapper season would
begin on May 1 of each year and remain
open until the quota is projected to be
reached. Should the assigned quota be
exceeded in 2018, MDMR proposes a
payback of the quota overage for the
following year.
LDWF
The EFP application from the LDWF
proposes to test a state-based
management approach for red snapper.
The application requests that the state
recreational quota be 743,000 lb
(337,019 kg), round weight, for the
private angling component and 317,000
lb (143,789 kg), round weight, for the
Federal for-hire component for the 2018
and 2019 fishing years. LDWF
determined these quotas based on the
historical landings formula (50 percent *
[1986–2005, 2007–2009, 2011–2013
landings in pounds] + 50 percent *
[2007–2009, 2011–2013 landings in
pounds] applied to Federal for-hire and
private angling component allocations
from Amendment 40 (80 FR 22422,
April 22, 2015). LDWF proposes to
begin both the private angling and forhire seasons on May 25 in 2018, and
May 24 in 2019 (the Friday before
Memorial Day) until the respective
quota is reached. The private angling
season would consist of 3-day weekends
(Friday through Sunday), but also
include the Memorial Day,
Independence Day, and Labor Day
holidays each year. The Federal for-hire
season would be 7 days per week.
Recreational landings would be
monitored through LDWF’s LA Creel
survey; however, private anglers and
for-hire operators would be encouraged
to also report landings through a stateapproved electronic reporting system.
Should the overall recreational quota for
the state be exceeded in 2018, LDWF
proposes a payback of the overage for
the 2019 fishing year.
TPWD
The purpose of the EFP submitted by
TPWD is to test data collection and
recreational quota monitoring
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methodologies during the 2018 and
2019 fishing years for use in managing
the recreational harvest of red snapper
off Texas. TPWD requests 1,056,495 lb
(479,218 kg), round weight, of red
snapper to be used by the private
angling and Federal for-hire
components. The red snapper private
angling season in state waters begins
January 1 each year. Because offshore
weather conditions off Texas are
generally unfavorable around the
traditional June 1 Federal recreational
red snapper season start date, TPWD,
working through the Texas Parks and
Wildlife Commission, proposes to
prohibit red snapper caught in Federal
waters from being landed in Texas until
sometime after June 1 in 2018. At that
time, a season will be established
allowing red snapper from Federal
waters to be landed. In 2019, the
recreational season could start prior to
June 1 to take advantage of better
weather conditions that occur off Texas
in the winter and spring and would be
determined by the state at a later date.
The red snapper recreational harvest
would be monitored using the Texas
Marine Sport Harvest Monitoring
Program (TMSHMP), NOAA’s Southeast
Region Headboat Survey, and a selfreported harvest system using the
iSnapper application for smartphones
and tablets. To ensure timely reporting
of private angler and charter vessel
landings, intercepts from the TMSHMP
creel survey would be sent in daily to
TPWD. Additionally, weekly landing
reports from NOAA’s Southeast Region
Headboat Survey would be used to
monitor headboat landings. Texas will
project total landings by sector based on
the number of red snapper observed by
samplers during the season. All red
snapper landed in Texas will be
counted against Texas’ assigned
recreational quota and the Texas season
would be closed when the combined
estimated recreational red snapper
landings are projected to reach the
recreational quota. Should the assigned
quota be exceeded in 2018, TPWD
proposes to make adjustments in red
snapper regulations such as shortening
the season for catching fish in the Gulf
EEZ, changing the timing of the season,
or revising state bag limits to account for
the overage.
Additional Information
The Gulf of Mexico Fishery
Management Council (Council)
reviewed the EFP applications at its
January 2018 meeting. The Council
recommended approval of each state’s
EFP application as long as the length of
the Gulf-wide Federal for-hire
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10685
component season is not affected by the
issuance of these EFPs.
Because all the state EFP applications
include the private angling component,
if they are all issued and accepted that
component’s overall Gulf quota would
be divided among the states, as
requested, and landings would be
regulated through each state’s
management program covered under the
EFP. Federal waters would be closed to
red snapper private angling, but the EFP
would exempt from the closure those
individuals with a license from a state
that is open to land red snapper.
However, if not all of the EFPs are
issued and accepted, NMFS would set a
Gulf-wide Federal private angling
season to allow those anglers from the
non-participating states to fish for red
snapper in the EEZ.
For the Federal for-hire component,
only LDWF and TPDW have proposed
including this component in their EFPs.
Therefore, if EFPs were approved as
submitted by the five Gulf states, NMFS
would still set a Federal season
throughout the entire Gulf EEZ for the
Federal for-hire component. Depending
on the parameters of any final EFPs, the
potential exists for Texas and Louisiana
federally permitted for-hire vessels to
fish during both the state season
covered under an EFP and the Federal
for-hire Gulf EEZ season.
In addition, the quotas requested by
Texas and Louisiana are based on higher
landings from past years rather than
landings in recent years. Because NMFS
projects the Federal season based on
recent landings, NMFS would have to
reduce the length of the Federal for-hire
season to account for the additional
pounds of fish requested by Texas and
Louisiana. This would be inconsistent
with the Council’s recommendation that
NMFS issue the EFPs as long as the
length of the Gulf-wide Federal for-hire
component season is not affected.
Alternatively, NMFS could reduce the
quotas requested by Texas and
Louisiana to be consistent with recent
landings. Regardless of whether both or
just one of the components is managed
under the state EFPs, should NMFS
determine that the Gulf-wide
recreational red snapper quota has been
meet, the exemption from the closure
under the EFP would no longer be valid
for that fishing year because the
retention of red snapper in Federal
waters would be prohibited under the
regulations that implement the
mandatory provisions of Section 407(d)
of the Magnuson-Stevens Act.
NMFS finds these applications
warrant further consideration. If they
are granted, NMFS may include
conditions or modifications such as
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changes to the amount of the quotas
assigned to each state and removal of
the Federal for-hire component from the
EFP. The applications are considered
together in this notice because they each
would require a portion of the privateangling and Federal for-hire quotas;
however, each application is
independent and will be considered
individually as part of the overall
recreational management of Gulf red
snapper.
Final decisions on issuance of the
EFPs will depend on a NMFS review of
public comments received on the
applications, consultations with the
affected states, the Council, and the U.S.
Coast Guard, and a determination that
each is consistent with all applicable
laws.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–04859 Filed 3–9–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG038
Endangered Species; File No. 19496–
01
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
a permit modification.
AGENCY:
Notice is hereby given that
Mariana Fuentes, Ph.D., Florida State
University, 581 Oakland Avenue,
Tallahassee, FL 32301, has requested a
modification to scientific research
Permit No. 19496.
DATES: Written, telefaxed, or email
comments must be received on or before
April 11, 2018.
ADDRESSES: The modification request
and related documents are available for
review by selecting ‘‘Records Open for
Public Comment’’ from the Features box
on the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 19496 Mod 1 from the
list of available applications. These
documents are also available upon
written request or by appointment in the
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13705,
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Silver Spring, MD 20910; phone (301)
427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
Erin
Markin or Amy Hapeman, (301) 427–
8401.
FOR FURTHER INFORMATION CONTACT:
The
subject modification to Permit No.
19496, issued on June 16, 2016 (81 FR
1621), is requested under the authority
of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.) and
the regulations governing the taking,
importing, and exporting of endangered
and threatened species (50 CFR parts
222–226).
Permit No. 19496 authorizes the
permit holder to take loggerhead
(Caretta caretta), Kemp’s ridley
(Lepidochelys kempii), green (Chelonia
mydas), and hawksbill (Eretmochelys
imbricata) sea turtles for scientific
research in the Florida Big Ben Region
to identify important foraging and
developmental habitats. The permit
holder requests authorization to: (1)
Add a new location to include the area
from St. Lucie Inlet to Jupiter Inlet on
the east coast of Florida, and (2)
increase the number of green, Kemp’s
ridley, and loggerhead sea turtles that
may be taken under the permit for the
new location. Annually an additional
120 green, 48 loggerhead, and 3 Kemp’s
ridley sea turtles would be approached
by vessel and pursued for capture.
Additionally, up to 120 green, 48
loggerhead, and 3 Kemp’s ridley sea
turtles would be captured by hand or
using dip, strike, or tangle nets,
annually. All captured sea turtles would
be tagged (passive integrated
transponder and flipper), marked
(temporarily), biologically sampled
(tissue and blood), measured, weighed,
and photographed. Up to 10 green and
five loggerhead captured sea turtles also
would receive a satellite transmitter
(epoxy attachment) and biologically
sampled (scute biopsy) prior to release.
SUPPLEMENTARY INFORMATION:
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Dated: March 6, 2018.
Julia Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2018–04830 Filed 3–9–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF914
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Exempted
Fishing Permit
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.
AGENCY:
NMFS announces the receipt
of an application for an exempted
fishing permit (EFP) from Clean Ocean
Initiative, Inc. (Clean Ocean). If granted,
the EFP would authorize Clean Ocean to
fish for and retain Caribbean prohibited
corals collected from 10
decommissioned submarine
telecommunication cables being
retrieved from U.S. exclusive economic
zone (EEZ) waters in the Caribbean off
of Puerto Rico.
DATES: Comments must be received no
later than March 27, 2018.
ADDRESSES: You may submit comments
on the application by either of the
following methods:
• Email: Sarah.Stephenson@
noaa.gov. Include in the subject line of
the email comment the following
document identifier: ‘‘CLEAN OCEAN_
EFP 2018’’.
• Mail: Sarah Stephenson, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
The application and related
documents are available for review
upon written request to any of the above
addresses. All comments received,
including all voluntarily submitted
personal identifying information (e.g.,
name, address, etc.), confidential
business information, or otherwise
sensitive information, are part of the
public record. NMFS will accept
anonymous comments.
FOR FURTHER INFORMATION CONTACT:
Sarah Stephenson, telephone: 727–824–
5305, email: Sarah.Stephenson@
noaa.gov.
SUPPLEMENTARY INFORMATION: The EFP is
requested under the authority of the
SUMMARY:
E:\FR\FM\12MRN1.SGM
12MRN1
Agencies
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10683-10686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04859]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG033
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of applications for exempted fishing permits;
request for comments.
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SUMMARY: NMFS announces the receipt of five applications for exempted
fishing permits (EFPs) from the Florida Fish and Wildlife Conservation
Commission (FWC), Alabama Department of Conservation and Natural
Resources (ADCNR), Mississippi Department of Marine Resources (MDMR),
Louisiana Department of Wildlife and Fisheries (LDWF), and Texas Parks
& Wildlife Department (TPWD). If granted, the EFPs would authorize the
applicants, with certain conditions, to set the season(s) for red
snapper caught by the private angling component, the Federal charter
vessel/headboat (for-hire) component, or both, as applicable, and
landed in each respective state. The EFPs would do so by exempting
persons from the annual closed Federal fishing seasons if they are
landing red snapper in the participating states during the states' open
seasons as set by those states, as described in more detail below.
These annual closed Federal fishing seasons are the seasonal closure
for red snapper which is January 1 through May 31 each year, and the
closures that occur based on when NMFS projects that the red snapper
annual catch targets will be reached. The private angling component
includes state-permitted for-hire vessels and any red snapper landings
by these for-hire vessel would be counted against the private angling
component quota. However, these state-permitted for-hire vessels would
not be able to fish in Federal waters. NMFS would set separate Federal
seasons for Federally permitted for-hire vessels and private-anglers
not covered by any EFP. Red snapper landings would be monitored by the
respective states and the state seasons set under the EFPs would close
when a state's assigned quota is reached, or projected to be reached.
These studies, to be conducted in the exclusive economic zone (EEZ) of
the Gulf of Mexico (Gulf), are intended to test the effectiveness of
Gulf state management of recreationally caught red snapper.
DATES: Written comments must be received on or before April 2, 2018.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2018-0029'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0029, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, 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
www.regulations.gov 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).
FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5305; email:
[email protected].
SUPPLEMENTARY INFORMATION: The EFPs are 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.
[[Page 10684]]
Currently, the recreational harvest of red snapper in the Gulf EEZ
is managed, among other measures, through the use of a 2-fish
recreational bag limit, 16-inch (40-6 cm), total length (TL) minimum
size limit, and separate quotas and annual catch targets (ACTs) for the
private angling and Federal for-hire components within the recreational
sector. State-permitted for-hire vessels are included in the private
angling component, but are not be able to fish in Federal waters. The
recreational sector for red snapper in or from Federal waters is closed
from January 1 through May 31 each year. Prior to June 1 each year,
NMFS determines the respective component Federal season lengths based
on the ACTs, taking into account red snapper recreational seasons in
state waters. The recreational components were established through
Amendment 40 to the Fishery Management Plan for the Reef Fish Resources
of the Gulf of Mexico (FMP), which allocated red snapper resources
between the private angling and Federal for-hire components;
established component-specific accountability measures (AMs) through
the use of component ACTs to reduce the likelihood of quota overages,
and implemented a 3-year sunset provision for the regulations
implemented through Amendment 40 (80 FR 22422, April 22, 2015). The
sunset provision was subsequently extended for an additional 5 years
(through December 31, 2022) by Amendment 45 to the FMP (81 FR 86971,
December 2, 2016). The Gulf EEZ recreational quota for red snapper is
6.733 million lb (3.054 million kg), round weight. The current
component quotas are 2.848 million lb (1.292 million kg), round weight,
for for-hire and 3.885 million lb (1.762 million kg), round weight, for
private angling.
The recreational harvest of red snapper is also constrained by
section 407(d) of the Magnuson-Stevens Act. This section requires
separate quotas for commercial and recreational fishing (which for the
purposes of the subsection includes charter fishing), and a prohibition
on the retention of fish when each sector quota is reached. Thus,
should the total recreational sector quota be reached, recreational
fishing in the Gulf EEZ is prohibited.
The marine resource management agencies of the five Gulf states
have submitted EFP applications for the recreational harvest of red
snapper for the 2018 and 2019 fishing years. These EFPs would be used
to test data collection and quota monitoring efforts for state
management of red snapper. Under the proposed EFPs, persons landing red
snapper in the participating states would be exempt from current
Federal regulations authorizing the annual closed Federal fishing
seasons (seasonal closure and ACT closure) and, therefore, could fish
for and possess red snapper in the EEZ consistent with the state
seasons. The timing of state season openings would be determined by
each state. Each Gulf state would monitor its respective recreational
landings, and if the landings reach, or are projected to reach, the
assigned quota, the state would close its season for the remainder of
the fishing year. Private anglers and for-hire operators landing red
snapper in the states participating in the EFPs would be required to
have the appropriate permits and licenses for the states where they
will land the fish and abide by any other relevant Federal regulations,
including a recreational bag limit of 2 fish per person per day and a
minimum size limit of 16 inches (40.6 cm), TL. The following provides
an overview of each state's EFP application. More detailed information
is provided in the respective applications and can be viewed at
website: https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/LOA_and_EFP/2018/RS%20state%20pilot/home.html.
FWC
FWC requests an EFP to conduct a pilot study during the 2018 and
2019 fishing years to test data collection and quota monitoring
methodologies for the private angling component. The EFP application
does not include federally permitted for-hire vessels. FWC requests
that 1,305,360 lb (592,101 kg), round weight, of red snapper from the
Gulf recreational private angling component quota be made available
each year for fish landed in Florida. This requested quota is based on
the proportion of red snapper landed in Florida during 2006 through
2015, except for 2010 landings, which are excluded as a result of the
Deepwater Horizon MC252 oil spill. The quotas, reduced by a 20 percent
buffer to account for management uncertainty, would be the basis for
calculating Florida's Special Red Snapper Fishing Season. Private
anglers would be required to sign up for the state's Gulf Reef Fish
Angler program to land select reef fish species not included in the EFP
application and still subject to applicable regulations, as well as red
snapper. Red snapper landings would be monitored through the state's
Gulf Reef Fish Survey. In addition, anglers would provide landings
information through a smartphone/tablet application. For 2018, the
projected red snapper fishing season for private anglers would be May
25 through June 17 for the Gulf waters off Florida, based on the
requested quota. If recreational landings are less than the assigned
quota at the end of this season, and the Federal recreational quota has
not been met, fishing could reopen in the fall of 2018 and/or 2019 to
land the uncaught portion of the quota. Should the recreational quota
be exceeded in 2018, FWC proposes a quota overage adjustment (payback)
for the following year.
ADCNR
The purpose of the EFP requested by ADCNR is to test an Alabama red
snapper management program for the private angling component. The EFP
application does not include federally permitted for-hire vessels.
ADCNR proposes an annual state private angling component quota of
984,291 lb (446,467 kg), round weight, for 2018 and 2019. ADCNR
determined that this quota equals 10 percent of the red snapper biomass
estimated by university researchers to occur in waters off Alabama. The
red snapper biomass is estimated from fishery-independent biomass
estimates over the three most recent years that data are available (the
years 2014 through 2016 for the 2018 fishing year). For 2018, ADCNR
would allow red snapper to be landed in Alabama on weekends (Friday
through Sunday) starting on June 1 and continuing until the assigned
quota, less 10 percent used as a buffer to prevent quota overages, is
reached or projected to be reached. Currently, ADCNR is projecting a
47-day season from June 1 through July 17. If sufficient quota is
available, ADCNR would reopen the season in the fall. The 2019 state
private angling recreational season would be determined at a later
date. Red snapper landings by anglers fishing from private angler
vessels and state-permitted charter vessels would be monitored through
a mandatory electronic reporting program. Should the assigned quota be
exceeded in 2018, ADCNR proposes a payback of the quota overage for the
following year.
MDMR
MDMR is requesting an EFP to determine if a state recreational
quota for red snapper can be accurately managed through a state
management program for the private angling component. In addition,
recreational harvest and biological information on this species would
be collected and analyzed by the state. The EFP application does not
include federally permitted for-hire vessels. The EFP application
requests an annual quota of 137,949 lb (62,573 kg), round weight, of
[[Page 10685]]
red snapper for the private angling component to be landed in
Mississippi for 2018 and 2019. This quota is based on 2017 landings
reported to MDMR's mandatory Tails n Scales electronic reporting
system. Landings in 2018 and 2019 would be tracked by the state through
this same electronic reporting system and managed to the quota, reduced
by a 10 percent buffer to prevent quota overages, before closing the
season. In addition, landings would be validated by MDMR staff through
a dockside survey, phone survey, and visual effort survey conducted by
MDMR. The red snapper season would begin on May 1 of each year and
remain open until the quota is projected to be reached. Should the
assigned quota be exceeded in 2018, MDMR proposes a payback of the
quota overage for the following year.
LDWF
The EFP application from the LDWF proposes to test a state-based
management approach for red snapper. The application requests that the
state recreational quota be 743,000 lb (337,019 kg), round weight, for
the private angling component and 317,000 lb (143,789 kg), round
weight, for the Federal for-hire component for the 2018 and 2019
fishing years. LDWF determined these quotas based on the historical
landings formula (50 percent * [1986-2005, 2007-2009, 2011-2013
landings in pounds] + 50 percent * [2007-2009, 2011-2013 landings in
pounds] applied to Federal for-hire and private angling component
allocations from Amendment 40 (80 FR 22422, April 22, 2015). LDWF
proposes to begin both the private angling and for-hire seasons on May
25 in 2018, and May 24 in 2019 (the Friday before Memorial Day) until
the respective quota is reached. The private angling season would
consist of 3-day weekends (Friday through Sunday), but also include the
Memorial Day, Independence Day, and Labor Day holidays each year. The
Federal for-hire season would be 7 days per week. Recreational landings
would be monitored through LDWF's LA Creel survey; however, private
anglers and for-hire operators would be encouraged to also report
landings through a state-approved electronic reporting system. Should
the overall recreational quota for the state be exceeded in 2018, LDWF
proposes a payback of the overage for the 2019 fishing year.
TPWD
The purpose of the EFP submitted by TPWD is to test data collection
and recreational quota monitoring methodologies during the 2018 and
2019 fishing years for use in managing the recreational harvest of red
snapper off Texas. TPWD requests 1,056,495 lb (479,218 kg), round
weight, of red snapper to be used by the private angling and Federal
for-hire components. The red snapper private angling season in state
waters begins January 1 each year. Because offshore weather conditions
off Texas are generally unfavorable around the traditional June 1
Federal recreational red snapper season start date, TPWD, working
through the Texas Parks and Wildlife Commission, proposes to prohibit
red snapper caught in Federal waters from being landed in Texas until
sometime after June 1 in 2018. At that time, a season will be
established allowing red snapper from Federal waters to be landed. In
2019, the recreational season could start prior to June 1 to take
advantage of better weather conditions that occur off Texas in the
winter and spring and would be determined by the state at a later date.
The red snapper recreational harvest would be monitored using the Texas
Marine Sport Harvest Monitoring Program (TMSHMP), NOAA's Southeast
Region Headboat Survey, and a self-reported harvest system using the
iSnapper application for smartphones and tablets. To ensure timely
reporting of private angler and charter vessel landings, intercepts
from the TMSHMP creel survey would be sent in daily to TPWD.
Additionally, weekly landing reports from NOAA's Southeast Region
Headboat Survey would be used to monitor headboat landings. Texas will
project total landings by sector based on the number of red snapper
observed by samplers during the season. All red snapper landed in Texas
will be counted against Texas' assigned recreational quota and the
Texas season would be closed when the combined estimated recreational
red snapper landings are projected to reach the recreational quota.
Should the assigned quota be exceeded in 2018, TPWD proposes to make
adjustments in red snapper regulations such as shortening the season
for catching fish in the Gulf EEZ, changing the timing of the season,
or revising state bag limits to account for the overage.
Additional Information
The Gulf of Mexico Fishery Management Council (Council) reviewed
the EFP applications at its January 2018 meeting. The Council
recommended approval of each state's EFP application as long as the
length of the Gulf-wide Federal for-hire component season is not
affected by the issuance of these EFPs.
Because all the state EFP applications include the private angling
component, if they are all issued and accepted that component's overall
Gulf quota would be divided among the states, as requested, and
landings would be regulated through each state's management program
covered under the EFP. Federal waters would be closed to red snapper
private angling, but the EFP would exempt from the closure those
individuals with a license from a state that is open to land red
snapper. However, if not all of the EFPs are issued and accepted, NMFS
would set a Gulf-wide Federal private angling season to allow those
anglers from the non-participating states to fish for red snapper in
the EEZ.
For the Federal for-hire component, only LDWF and TPDW have
proposed including this component in their EFPs. Therefore, if EFPs
were approved as submitted by the five Gulf states, NMFS would still
set a Federal season throughout the entire Gulf EEZ for the Federal
for-hire component. Depending on the parameters of any final EFPs, the
potential exists for Texas and Louisiana federally permitted for-hire
vessels to fish during both the state season covered under an EFP and
the Federal for-hire Gulf EEZ season.
In addition, the quotas requested by Texas and Louisiana are based
on higher landings from past years rather than landings in recent
years. Because NMFS projects the Federal season based on recent
landings, NMFS would have to reduce the length of the Federal for-hire
season to account for the additional pounds of fish requested by Texas
and Louisiana. This would be inconsistent with the Council's
recommendation that NMFS issue the EFPs as long as the length of the
Gulf-wide Federal for-hire component season is not affected.
Alternatively, NMFS could reduce the quotas requested by Texas and
Louisiana to be consistent with recent landings. Regardless of whether
both or just one of the components is managed under the state EFPs,
should NMFS determine that the Gulf-wide recreational red snapper quota
has been meet, the exemption from the closure under the EFP would no
longer be valid for that fishing year because the retention of red
snapper in Federal waters would be prohibited under the regulations
that implement the mandatory provisions of Section 407(d) of the
Magnuson-Stevens Act.
NMFS finds these applications warrant further consideration. If
they are granted, NMFS may include conditions or modifications such as
[[Page 10686]]
changes to the amount of the quotas assigned to each state and removal
of the Federal for-hire component from the EFP. The applications are
considered together in this notice because they each would require a
portion of the private-angling and Federal for-hire quotas; however,
each application is independent and will be considered individually as
part of the overall recreational management of Gulf red snapper.
Final decisions on issuance of the EFPs will depend on a NMFS
review of public comments received on the applications, consultations
with the affected states, the Council, and the U.S. Coast Guard, and a
determination that each is consistent with all applicable laws.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-04859 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-22-P