Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit; Correction, 12149-12152 [2018-05603]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices
callers to provide their names, their
organizational affiliations (if any), and
email addresses (so that callers may be
notified of future meetings). Callers can
expect to incur charges for calls they
initiate over wireless lines, and the
Commission will not refund any
incurred charges. Callers will incur no
charge for calls they initiate over landline connections to the toll-free
telephone number herein.
Persons with hearing impairments
may also follow the discussion by first
calling the Federal Relay Service at 1–
800–877–8339 and providing the
operator with the toll-free conference
call number: 1–888–334–3020 and
conference call ID: 8405258.
Members of the public are invited to
submit written comments; the
comments must be received in the
regional office approximately 30 days
after each scheduled meeting. Written
comments may be mailed to the Eastern
Regional Office, U.S. Commission on
Civil Rights, 1331 Pennsylvania
Avenue, Suite 1150, Washington, DC
20425, or emailed to Evelyn Bohor at
ero@usccr.gov. Persons who desire
additional information may contact the
Eastern Regional Office at (202) 376–
7533.
Records and documents discussed
during the meeting will be available for
public viewing as they become available
at https://www.facadatabase.gov/
committee/meetings.aspx?cid=272; click
the ‘‘Meeting Details’’ and ‘‘Documents’’
links. Records generated from this
meeting may also be inspected and
reproduced at the Eastern Regional
Office, as they become available, both
before and after the meetings. Persons
interested in the work of this advisory
committee are advised to go to the
Commission’s website, www.usccr.gov,
or to contact the Eastern Regional Office
at the above phone number, email or
street address.
daltland on DSKBBV9HB2PROD with NOTICES
Agenda: Tuesday, April 3, 2018 at
11:00 a.m. (EDT)
I. Welcome and Introductions
Rollcall
II. Planning Meeting
Review Proposal on Predatory
Lending
Vote on Predatory Lending Proposal
Discuss Next Steps for Predatory
Lending Project
III. Other Discussion
IV. Open Comment
V. Adjournment
Dated: March 15, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018–05601 Filed 3–19–18; 8:45 am]
BILLING CODE P
VerDate Sep<11>2014
19:08 Mar 19, 2018
Jkt 244001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–061, C–533–876]
Fine Denier Polyester Staple Fiber
From the People’s Republic of China
and India: Amended Final Affirmative
Countervailing Duty Determination for
the People’s Republic of China and
Countervailing Duty Orders for the
People’s Republic of China and India
Correction
In notice document 2018–05371
beginning on page 11681 in the issue of
Friday, March 16, 2018, make the
following correction:
On page 11682, in the first column,
the left column heading in table two,
‘‘Exporter/Producer from China’’ should
read ‘‘Exporter/Producer from India’’.
[FR Doc. C1–2018–05371 Filed 3–19–18; 8:45 am]
BILLING CODE 1301–00–D
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; Correction
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; correction.
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, and described in more detail
SUMMARY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
12149
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
vessels 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. This notice is republished
in its entirety and serves to correct
information previously published in the
Federal Register on March 12, 2018,
concerning FWC, ADCNR, and TPWD
application details.
Written comments must be
received on or before April 2, 2018.
DATES:
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
ADDRESSES:
E:\FR\FM\20MRN1.SGM
20MRN1
daltland on DSKBBV9HB2PROD with NOTICES
12150
Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices
‘‘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.
On March 12, 2018, NMFS published
in the Federal Register a notice of
receipt of applications for EFPs and
requested public comment (83 FR
10683). In that notice, four statements
were in error. First, the amount of red
snapper requested by FWC was
incorrectly stated as 1,305,360 lb
(592,101 kg), round weight. This is the
amount that Florida used to project its
season, which is 20 percent below the
requested amount of 1,631,700 lb
(740,127 kg), round weight. Also, the
FWC proposed response to any overage
of the quota in 2018 was not accurately
stated; FWC would not reduce the quota
for 2019, but would adjust the season in
2019. Next, the published notice
contained the statement ‘‘Currently,
ADCNR is projecting a 47-day season
from June 1 through July 17.’’ That
statement is incorrect as the planned
season of 47 fishing days for Alabama in
2018 is not intended to consist of
consecutive calendar days but instead to
consist of weekends only. Therefore, the
sentence should read as, ‘‘Currently,
ADCNR is projecting a season of 47
fishing days.’’ Finally, the amount of red
snapper requested by TPWD was
incorrectly stated as 1,056,495 lb
(479,218 kg), round weight. This
amount was based on the 2017 adjusted
recreational quota while the correct
amount requested was 1,077,280 lb
(488,646 kg), round weight, and is based
on the 2018 recreational quota. The
previously published comment period
deadline of April 2, 2018, remains in
effect and all comments received from
either the March 12, 2018, or this notice
will be considered.
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 able to fish in
Federal waters. The recreational sector
VerDate Sep<11>2014
19:08 Mar 19, 2018
Jkt 244001
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
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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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 1,631,700 lb (740,127 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
quota, 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 to make adjustments in
red snapper regulations to account for
the overage in the following year.
E:\FR\FM\20MRN1.SGM
20MRN1
Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
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 season of 47 fishing days.
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
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
VerDate Sep<11>2014
19:08 Mar 19, 2018
Jkt 244001
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 though 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
methodologies during the 2018 and
2019 fishing years for use in managing
the recreational harvest of red snapper
off Texas. TPWD requests 1,077,280 lb
(488,646 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
12151
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
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
E:\FR\FM\20MRN1.SGM
20MRN1
daltland on DSKBBV9HB2PROD with NOTICES
12152
Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices
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 TPWD 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
met, 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
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
VerDate Sep<11>2014
19:08 Mar 19, 2018
Jkt 244001
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 15, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–05603 Filed 3–19–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF830
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Construction at
the City Dock and Ferry Terminal, in
Tenakee Springs, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS has received a request
from the Alaska Department of
Transportations and Public Facilities
(ADOT&PF) for authorization to take
marine mammals incidental to
conducting improvements at the
Tenakee Springs city dock and ferry
terminal, in Tenakee Springs, Alaska.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an incidental harassment
authorization (IHA) to incidentally take
marine mammals during the specified
activities. NMFS will consider public
comments prior to making any final
decision on the issuance of the
requested MMPA authorization, and
agency responses will be summarized in
the final notice of our decision
DATES: Comments and information must
be received no later than April 19, 2018.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.molineaux@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
SUMMARY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jonathan Molineaux, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Notices]
[Pages 12149-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05603]
-----------------------------------------------------------------------
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;
Correction
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; correction.
-----------------------------------------------------------------------
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, and 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 vessels 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. This notice
is republished in its entirety and serves to correct information
previously published in the Federal Register on March 12, 2018,
concerning FWC, ADCNR, and TPWD application details.
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
[[Page 12150]]
``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.
On March 12, 2018, NMFS published in the Federal Register a notice
of receipt of applications for EFPs and requested public comment (83 FR
10683). In that notice, four statements were in error. First, the
amount of red snapper requested by FWC was incorrectly stated as
1,305,360 lb (592,101 kg), round weight. This is the amount that
Florida used to project its season, which is 20 percent below the
requested amount of 1,631,700 lb (740,127 kg), round weight. Also, the
FWC proposed response to any overage of the quota in 2018 was not
accurately stated; FWC would not reduce the quota for 2019, but would
adjust the season in 2019. Next, the published notice contained the
statement ``Currently, ADCNR is projecting a 47-day season from June 1
through July 17.'' That statement is incorrect as the planned season of
47 fishing days for Alabama in 2018 is not intended to consist of
consecutive calendar days but instead to consist of weekends only.
Therefore, the sentence should read as, ``Currently, ADCNR is
projecting a season of 47 fishing days.'' Finally, the amount of red
snapper requested by TPWD was incorrectly stated as 1,056,495 lb
(479,218 kg), round weight. This amount was based on the 2017 adjusted
recreational quota while the correct amount requested was 1,077,280 lb
(488,646 kg), round weight, and is based on the 2018 recreational
quota. The previously published comment period deadline of April 2,
2018, remains in effect and all comments received from either the March
12, 2018, or this notice will be considered.
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 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 1,631,700 lb (740,127 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 quota, 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 to make adjustments in red snapper
regulations to account for the overage in the following year.
[[Page 12151]]
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
season of 47 fishing days. 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
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 though 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 1,077,280 lb (488,646 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
[[Page 12152]]
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 TPWD 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 met, 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
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 15, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-05603 Filed 3-19-18; 8:45 am]
BILLING CODE 3510-22-P
