Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit, 74404-74406 [2021-28352]
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Notices
financial, and technical assistance to
MBEs in rural areas?
5. Are there examples or success
stories from organizations that provide
services to MBEs in rural areas?
6. How should MBDA measure
success for rural business centers?
7. What specific performance metrics
should MBDA consider for rural
business centers that would measure
service to rural businesses?
8. What factors should be measured to
demonstrate elements of success from
the perspective of organizations that
support, or customers served by rural
businesses?
9. What is the most effective role for
Minority Serving Institutions (MSIs) to
foster the establishment and growth of
MBEs in rural America and how should
that impact be measured?
10. How many MSIs have degree and/
or academic programs focused on
business-related topics (e.g.,
entrepreneurship, supply chains,
advanced manufacturing/
manufacturing, innovation, etc.) or offer
business accelerator programs and/or
business incubators? Provide names and
locations of MSIs that have these
programs.
11. What is the most effective way for
MSIs to collaborate with communitybased organizations? Please provide
examples.
In addition, MBDA is seeking public
comment regarding the focal points for
the rural business centers as directed by
the section 100302(c) of the MBDA Act:
(i) The adoption of broadband internet
access service (as defined in section
8.1(b) of title 47, Code of Federal
Regulations, or any successor
regulation), digital literacy skills, and ecommerce by rural minority business
enterprises; (ii) advanced
manufacturing; (iii) the promotion of
manufacturing in the United States; (iv)
ways in which rural minority business
enterprises can meet gaps in the supply
chain of critical supplies and essential
goods and services for the United States;
(v) improving the connectivity of rural
minority business enterprises through
transportation and logistics; (vi)
promoting trade and export
opportunities by rural minority business
enterprises; (vii) securing financial
capital; (viii) facilitating
entrepreneurship in rural areas; and (ix)
creating jobs in rural areas.
All comments must be submitted in
electronic form (Word or other
consistent software program) to the
comment mailbox listed in the
ADDRESSES section above. Comments
should include the name or organization
represented, contact information for the
commenter, and the specific issue or
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subject addressed in accordance with
this notice and the provisions of the
MBDA Act, Rural Business Center
Program section.
Josephine Arnold,
Chief Counsel, Minority Business
Development Agency.
[FR Doc. 2021–28331 Filed 12–29–21; 8:45 am]
BILLING CODE 3510–21–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB590]
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 the REEF
Environmental Education Foundation
(REEF). If granted, the EFP would
authorize the deployment of noncontainment and spiny lobster traps in
the Federal waters of the South Atlantic
by research and contracted commercial
vessels to target lionfish. The project
would seek to determine the
effectiveness of these traps for attracting
and collecting invasive lionfish while
avoiding impacts to non-target species
and habitats.
DATES: Written comments must be
received on or before January 14, 2022.
ADDRESSES: You may submit comments
on the application, identified by
‘‘NOAA–NMFS–2021–0119’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2021–0119’’ in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Kelli O’Donnell, 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
SUMMARY:
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viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the application
and programmatic environmental
assessment (PEA) may be obtained from
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
lionfish-traps-exempted-fishing-permitapplications.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, 727–824–5305; email:
kelli.odonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: The EFP is
requested under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C 1801 et seq.), and regulations at
50 CFR 600.745(b) concerning exempted
fishing.
Lionfish is an invasive marine species
that occurs in both the Gulf of Mexico
(Gulf) and South Atlantic. The harvest
of lionfish in the Federal waters of the
Gulf and South Atlantic is not currently
managed by NMFS. The EFP application
submitted to NMFS involves the use of
prohibited gear in Federal waters.
Federal regulations prohibit the use or
possession of a fish trap in Federal
waters in the Gulf and South Atlantic
(50 CFR 622.9(c)). In South Atlantic
Federal waters, the term ‘‘fish trap’’
refers to a trap capable of taking fish,
except for a seabass pot, a golden crab
trap, or a crustacean trap, which are a
type of trap historically used in the
directed fishery for blue crab, stone
crab, red crab, jonah crab, or spiny
lobster and that contains at any time not
more than 25 percent, by number, of
fish other than blue crab, stone crab, red
crab, jonah crab, and spiny lobster (50
CFR 622.2). The EFP would exempt
these activities from the regulations
prohibiting the use or possession of a
fish trap in Federal waters of the South
Atlantic at 50 CFR 622.9(c) and exempt
the activities from the spiny lobster
seasonal closures at 50 CFR 622.403(b)
and (c). This allows the applicant to use
non-containment traps and spiny lobster
traps to target lionfish throughout the
calendar year, including during the
spiny lobster closed season off Florida.
This exemption does not apply to
fishing in areas where spiny lobster trap
fishing is currently prohibited in
Federal waters to protect corals (50 CFR
622.406). As described in more detail
later in this notice, the EFP will allow
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lionfish to be retained year-round from
both the non-containment and the spiny
lobster traps. The lionfish could be
retained for personal use, which
includes further scientific studies, and
commercial use. Other incidentally
caught species may be retained from the
spiny lobster traps during the spiny
lobster open season for personal and
commercial use. Commercial use is
limited to the contracted commercial
fishers and must comply with all
applicable laws and regulations.
Additionally, to allow for retention of
lionfish and incidental species from the
traps as outlined, the EFP would exempt
the applicant from commercial and
recreational trap gear restrictions at 50
CFR 600.725(v) for the South Atlantic
Snapper-Grouper Commercial and
Recreational Fisheries (FMP) and from
recreational trap gear restrictions for the
Recreational Fishery (non-FMP).
The applicant seeks an EFP to test the
effectiveness of non-containment traps
in capturing lionfish in the South
Atlantic while avoiding impacts to nontarget species, protected species, and
habitats. NMFS analyzed the effects of
testing traps that target lionfish on the
environment, including effects on
Endangered Species Act (ESA)-listed
species and designated critical habitat,
and other non-target species and habitat,
in the Gulf and South Atlantic regions
through a PEA. Before issuing the
permit, NMFS will analyze whether the
proposed effort concerning noncontainment traps and use or spiny
lobster traps outside of the spiny lobster
fishing season fits within the scope of
the PEA and the ESA analysis on the
expected effort under the PEA. If the
proposed activities fit within the PEA
and the ESA consultation, NMFS will
document that determination for the
record. Otherwise, NMFS will complete
the required analyses.
The specific EFP request noticed here
is further described and summarized
below.
REEF is requesting authorization to
test non-containment traps in the South
Atlantic to harvest lionfish aboard
federally permitted commercial spiny
lobster fishing vessels and state of
Florida research vessels. The proposed
activities would examine the
effectiveness and performance of noncontainment traps for capturing lionfish,
with the goal of identifying the best
non-containment trap modification to
maximize lionfish catch and reduce
bycatch of other species. Both the noncontainment and the spiny lobster traps
would be fished singularly or in a trawl
configuration with a maximum of 32
traps and 2 surface lines with buoys per
trawl. Some traps would be outfitted
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with cameras and/or hydrophones. Noncontainment traps would be compared
to standard spiny lobster trap controls.
The standard spiny lobster traps to be
used in the EFP would have a current
endorsement, stamp, or certification.
Sampling with the traps in the South
Atlantic would occur in Federal waters
in water depths from 100–300 ft (30–100
m) between Alligator Reef and Looe Key
Reef in the Florida Keys. Commercial
vessels would complete 20 trips per
year while state research vessels would
complete 30 trips per year for a
maximum of 50 trips per year among all
participating project vessels. Only areas
open to commercial lobster fishing
would be included in the study area and
the complete calendar year would be
available for sampling as a result of the
lobster season exemptions in the EFP.
No more than 100 non-containment
traps would be deployed in the water at
any given time, regardless of number of
vessel deploying traps. During the spiny
lobster closed season, no more than 100
non-containment and 100 spiny lobster
traps would be deployed in the water at
any given time. Trap soak times would
vary, but they would not exceed 21 days
per deployment. No bait would be used
in the non-containment traps. Spiny
lobster traps would be fished normally,
with or without bait, at the discretion of
the commercial fishermen. The project
would deploy both non-containment
traps and spiny lobster traps in various
configurations. The spiny lobster traps
would serve as control traps for the
project and act as a way to examine the
performance of the non-containment
traps as a gear type for harvesting
lionfish. As practicable, video and still
photographs of trap deployment and
animal behavior in and near traps
would be recorded using remotely
operated vehicles.
REEF would contract up to three
federally permitted commercial lobster
trap vessels crewed by fishermen with
experience fishing within the study
area. Additionally, the commercial
vessel contractors must have
demonstrable experience in the catching
and handling of lionfish. The other
project vessels would be two state of
Florida research vessels. Researchers
would be onboard the commercial
vessels if scheduling allows. Data to be
collected per trip would include: Noncontainment trap design, gear
configuration, and fishing effort data
(e.g., date and time of deployment and
retrieval, latitude, longitude, and water
depth of each deployed trawl, soak
time); trap loss and movement from
original set position; protected species
interactions; bycatch species (amount,
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74405
length, and disposition); and lionfish
catch data for each trap type. All noncommercially viable bycatch species
would be returned to the water as soon
as possible. Commercial fishermen
would be allowed to retain lionfish
caught in the non-containment trap and
spiny lobster traps for commercial catch
year-round. During the spiny lobster
open season, commercial fishermen
would be able to retain for commercial
purposes species caught from spiny
lobster traps, including lionfish, subject
to current regulations. In particular,
depending on REEF’s commercial
vessels selected, species that are legally
allowed to be commercially harvested in
Federal waters by the contracted
commercial fishermen may be retained
as commercial catch as long as the
harvest and retention complies with
applicable laws and regulations (e.g.,
permitted commercial fishermen may
retain species of the legal size taken
during the applicable season from
appropriate areas using legal gears and
vessels, consistent with applicable laws
and regulations). The researchers and
contracted commercial fishers also can
retain lionfish from the noncontainment and spiny lobster traps
year-round for personal use, including
further scientific study. Other
incidentally caught species can be
retained from the spiny lobster traps
during the spiny lobster open season for
personal use, subject to applicable law
(e.g., bag and possession limits). The
EFP, if issued, will provide appropriate
exemptions from the list of authorized
gear types at 50 CFR 600.725(v) to allow
the species to be retained for
commercial and recreational purposes
from trap gear. This would include an
exemption from the recreational trap
gear restrictions for the Recreational
Fishery (Non-FMP) in the South
Atlantic at 50 CFR 600.725(v) to allow
the use of traps to retain lionfish for
recreational purposes year-round, and
an exemption from the commercial and
recreational trap gear restrictions for the
South Atlantic Snapper-Grouper
Commercial and Recreational Fisheries
(FMP) to allow the use of traps to retain
managed snapper-grouper species for
recreational purposes during the spiny
lobster open season. ‘‘Recreational
purposes’’ covers harvest for further
scientific studies of lionfish as well as
for personal consumption of lionfish
and managed species caught in the
traps. Previous lionfish studies from 100
deployments showed non-containment
trap bycatch to consist only of striped
burrfish, jackknife fish, and tattler bass,
so lionfish is anticipated to be the
primary species harvested out of the
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Notices
non-containment traps and bycatch of
non-target species is expected to be
minimal. Bycatch from the spiny lobster
traps are expected to be similar to that
from the spiny lobster trap fishery in the
South Atlantic.
The applicant has requested the EFP
be effective for a 2-year period from the
date the EFP is issued.
NMFS finds the application warrants
further consideration based on a
preliminary review. Possible conditions
the agency may impose on the permit,
if granted, include but are not limited
to, a prohibition on conducting
activities within marine protected areas,
marine sanctuaries, or special
management zones. Additionally, NMFS
may require special protections for ESAlisted species and designated critical
habitat, and may require particular gear
markings. A final decision on issuance
of the EFP will depend on NMFS’
review of public comments received on
the application, consultations with the
appropriate fishery management agency
of the affected state, the South Atlantic
Fishery Management Council, the U.S.
Coast Guard, and a determination that
the activities to be taken under the EFP
are consistent with all applicable laws
and regulations.
Authority: 16 U.S.C 1801 et seq.
Dated: December 27, 2021.
Karen Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–28352 Filed 12–29–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2021–0037]
Extension of the Modified COVID–19
Prioritized Examination Pilot Program
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO or Office) is
extending the modified COVID–19
Prioritized Examination Pilot Program.
Requests that are compliant with the
pilot program’s requirements and are
filed on or before March 31, 2022, will
be accepted. The USPTO will evaluate
whether to terminate or further extend
the program during this extension
period.
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SUMMARY:
The COVID–19 Prioritized
Examination Pilot Program is extended
DATES:
VerDate Sep<11>2014
17:19 Dec 29, 2021
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as of December 30, 2021, to run until
March 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Robert A. Clarke, Editor of the Manual
of Patent Examining Procedure (MPEP)
(571–272–7735; robert.clarke@
uspto.gov).
SUPPLEMENTARY INFORMATION: On May
14, 2020, the USPTO published a notice
on the implementation of the COVID–19
Prioritized Examination Pilot Program.
See COVID–19 Prioritized Examination
Pilot Program, 85 FR 28932 (May 14,
2020) (COVID–19 Track One Notice). On
September 3, 2021, the USPTO
published a notice extending the
program to December 31, 2021, and
modifying it by removing the limit on
the number of applications that could
receive prioritized examination. See
Modification of COVID–19 Prioritized
Examination Pilot Program, 86 FR 49522
(September 3, 2021) (Modifying Notice).
The COVID–19 Track One Notice
indicated that an applicant may request
prioritized examination without
payment of the prioritized examination
fee and associated processing fee if: (1)
The application’s claim(s) covered a
product or process related to COVID–19,
(2) the product or process was subject to
an applicable Food and Drug
Administration (FDA) approval for
COVID–19 use, and (3) the applicant
met other requirements noted in the
COVID–19 Track One Notice. As of
November 29, 2021, 180 patents had
issued from applications granted
prioritized status under the pilot
program. The average total pendency,
including time consumed by continued
examination, from filing date to issue
date for those applications was 276
days. The shortest pendency from filing
date to issue date for those applications
was 75 days.
The Modifying Notice indicated that
the pilot program would expire on
December 31, 2021. In this notice, the
Office is extending the pilot program by
setting the expiration date as March 31,
2022. The Office will evaluate whether
to terminate or further extend the
program during this extension period. If
the USPTO determines that a further
extension of the pilot program is
appropriate, the agency will publish a
subsequent notice to the public further
extending the program.
Unless the pilot program is further
extended by a subsequent notice,
following the expiration of this
extension, the pilot program will be
terminated, and applicants may instead
seek to use the Prioritized Examination
(Track One) Program. Applications
accorded prioritized examination under
the pilot program will not lose that
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status merely because the application is
still pending after the date the pilot
program is terminated. In other words,
applications accepted into the pilot
program will continue to be examined
under prioritized examination status
until that status is terminated for one or
more reasons, as described in the
COVID–19 Track One Notice.
The Track One Program permits an
applicant to have an application
advanced out of turn (accorded special
status) for examination under 37 CFR
1.102(e) if the applicant timely files a
request for prioritized (Track One)
examination accompanied by the
appropriate fees and meets the other
conditions of 37 CFR 1.102(e). See
MPEP 708.02(b)(2). The current fee
schedule is available at www.uspto.gov/
learning-and-resources/fees-andpayment/uspto-fee-schedule.
The Track One Program does not have
the restrictions of the COVID–19
Prioritized Examination Pilot Program
on the types of inventions for which
special status may be sought, as the
Track One Program does not require a
connection to any particular technology.
Moreover, delays associated with the
determination of whether an application
presents a claim that covers a product
or process related to COVID–19 and
whether the product or process was
subject to an applicable FDA approval
for COVID–19 use may be avoided
under the Track One Program.
Andrew Hirshfeld,
Commissioner for Patents, Performing the
Functions and Duties of the Under Secretary
of Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
[FR Doc. 2021–28359 Filed 12–29–21; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA–2021–HQ–0013]
Submission for OMB Review;
Comment Request
Department of the Army,
Department of Defense (DoD).
ACTION: 30-Day information collection
notice.
AGENCY:
The Department of Defense
has submitted to OMB for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by January 31, 2022.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Notices]
[Pages 74404-74406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28352]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB590]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of an application for an exempted fishing
permit; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the receipt of an application for an exempted
fishing permit (EFP) from the REEF Environmental Education Foundation
(REEF). If granted, the EFP would authorize the deployment of non-
containment and spiny lobster traps in the Federal waters of the South
Atlantic by research and contracted commercial vessels to target
lionfish. The project would seek to determine the effectiveness of
these traps for attracting and collecting invasive lionfish while
avoiding impacts to non-target species and habitats.
DATES: Written comments must be received on or before January 14, 2022.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2021-0119'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2021-0119'' in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Kelli O'Donnell, 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), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the application and programmatic environmental
assessment (PEA) may be obtained from the Southeast Regional Office
website at https://www.fisheries.noaa.gov/action/lionfish-traps-exempted-fishing-permit-applications.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 727-824-5305; email:
[email protected].
SUPPLEMENTARY INFORMATION: The EFP is requested under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C
1801 et seq.), and regulations at 50 CFR 600.745(b) concerning exempted
fishing.
Lionfish is an invasive marine species that occurs in both the Gulf
of Mexico (Gulf) and South Atlantic. The harvest of lionfish in the
Federal waters of the Gulf and South Atlantic is not currently managed
by NMFS. The EFP application submitted to NMFS involves the use of
prohibited gear in Federal waters. Federal regulations prohibit the use
or possession of a fish trap in Federal waters in the Gulf and South
Atlantic (50 CFR 622.9(c)). In South Atlantic Federal waters, the term
``fish trap'' refers to a trap capable of taking fish, except for a
seabass pot, a golden crab trap, or a crustacean trap, which are a type
of trap historically used in the directed fishery for blue crab, stone
crab, red crab, jonah crab, or spiny lobster and that contains at any
time not more than 25 percent, by number, of fish other than blue crab,
stone crab, red crab, jonah crab, and spiny lobster (50 CFR 622.2). The
EFP would exempt these activities from the regulations prohibiting the
use or possession of a fish trap in Federal waters of the South
Atlantic at 50 CFR 622.9(c) and exempt the activities from the spiny
lobster seasonal closures at 50 CFR 622.403(b) and (c). This allows the
applicant to use non-containment traps and spiny lobster traps to
target lionfish throughout the calendar year, including during the
spiny lobster closed season off Florida. This exemption does not apply
to fishing in areas where spiny lobster trap fishing is currently
prohibited in Federal waters to protect corals (50 CFR 622.406). As
described in more detail later in this notice, the EFP will allow
[[Page 74405]]
lionfish to be retained year-round from both the non-containment and
the spiny lobster traps. The lionfish could be retained for personal
use, which includes further scientific studies, and commercial use.
Other incidentally caught species may be retained from the spiny
lobster traps during the spiny lobster open season for personal and
commercial use. Commercial use is limited to the contracted commercial
fishers and must comply with all applicable laws and regulations.
Additionally, to allow for retention of lionfish and incidental species
from the traps as outlined, the EFP would exempt the applicant from
commercial and recreational trap gear restrictions at 50 CFR 600.725(v)
for the South Atlantic Snapper-Grouper Commercial and Recreational
Fisheries (FMP) and from recreational trap gear restrictions for the
Recreational Fishery (non-FMP).
The applicant seeks an EFP to test the effectiveness of non-
containment traps in capturing lionfish in the South Atlantic while
avoiding impacts to non-target species, protected species, and
habitats. NMFS analyzed the effects of testing traps that target
lionfish on the environment, including effects on Endangered Species
Act (ESA)-listed species and designated critical habitat, and other
non-target species and habitat, in the Gulf and South Atlantic regions
through a PEA. Before issuing the permit, NMFS will analyze whether the
proposed effort concerning non-containment traps and use or spiny
lobster traps outside of the spiny lobster fishing season fits within
the scope of the PEA and the ESA analysis on the expected effort under
the PEA. If the proposed activities fit within the PEA and the ESA
consultation, NMFS will document that determination for the record.
Otherwise, NMFS will complete the required analyses.
The specific EFP request noticed here is further described and
summarized below.
REEF is requesting authorization to test non-containment traps in
the South Atlantic to harvest lionfish aboard federally permitted
commercial spiny lobster fishing vessels and state of Florida research
vessels. The proposed activities would examine the effectiveness and
performance of non-containment traps for capturing lionfish, with the
goal of identifying the best non-containment trap modification to
maximize lionfish catch and reduce bycatch of other species. Both the
non-containment and the spiny lobster traps would be fished singularly
or in a trawl configuration with a maximum of 32 traps and 2 surface
lines with buoys per trawl. Some traps would be outfitted with cameras
and/or hydrophones. Non-containment traps would be compared to standard
spiny lobster trap controls. The standard spiny lobster traps to be
used in the EFP would have a current endorsement, stamp, or
certification. Sampling with the traps in the South Atlantic would
occur in Federal waters in water depths from 100-300 ft (30-100 m)
between Alligator Reef and Looe Key Reef in the Florida Keys.
Commercial vessels would complete 20 trips per year while state
research vessels would complete 30 trips per year for a maximum of 50
trips per year among all participating project vessels. Only areas open
to commercial lobster fishing would be included in the study area and
the complete calendar year would be available for sampling as a result
of the lobster season exemptions in the EFP. No more than 100 non-
containment traps would be deployed in the water at any given time,
regardless of number of vessel deploying traps. During the spiny
lobster closed season, no more than 100 non-containment and 100 spiny
lobster traps would be deployed in the water at any given time. Trap
soak times would vary, but they would not exceed 21 days per
deployment. No bait would be used in the non-containment traps. Spiny
lobster traps would be fished normally, with or without bait, at the
discretion of the commercial fishermen. The project would deploy both
non-containment traps and spiny lobster traps in various
configurations. The spiny lobster traps would serve as control traps
for the project and act as a way to examine the performance of the non-
containment traps as a gear type for harvesting lionfish. As
practicable, video and still photographs of trap deployment and animal
behavior in and near traps would be recorded using remotely operated
vehicles.
REEF would contract up to three federally permitted commercial
lobster trap vessels crewed by fishermen with experience fishing within
the study area. Additionally, the commercial vessel contractors must
have demonstrable experience in the catching and handling of lionfish.
The other project vessels would be two state of Florida research
vessels. Researchers would be onboard the commercial vessels if
scheduling allows. Data to be collected per trip would include: Non-
containment trap design, gear configuration, and fishing effort data
(e.g., date and time of deployment and retrieval, latitude, longitude,
and water depth of each deployed trawl, soak time); trap loss and
movement from original set position; protected species interactions;
bycatch species (amount, length, and disposition); and lionfish catch
data for each trap type. All non-commercially viable bycatch species
would be returned to the water as soon as possible. Commercial
fishermen would be allowed to retain lionfish caught in the non-
containment trap and spiny lobster traps for commercial catch year-
round. During the spiny lobster open season, commercial fishermen would
be able to retain for commercial purposes species caught from spiny
lobster traps, including lionfish, subject to current regulations. In
particular, depending on REEF's commercial vessels selected, species
that are legally allowed to be commercially harvested in Federal waters
by the contracted commercial fishermen may be retained as commercial
catch as long as the harvest and retention complies with applicable
laws and regulations (e.g., permitted commercial fishermen may retain
species of the legal size taken during the applicable season from
appropriate areas using legal gears and vessels, consistent with
applicable laws and regulations). The researchers and contracted
commercial fishers also can retain lionfish from the non-containment
and spiny lobster traps year-round for personal use, including further
scientific study. Other incidentally caught species can be retained
from the spiny lobster traps during the spiny lobster open season for
personal use, subject to applicable law (e.g., bag and possession
limits). The EFP, if issued, will provide appropriate exemptions from
the list of authorized gear types at 50 CFR 600.725(v) to allow the
species to be retained for commercial and recreational purposes from
trap gear. This would include an exemption from the recreational trap
gear restrictions for the Recreational Fishery (Non-FMP) in the South
Atlantic at 50 CFR 600.725(v) to allow the use of traps to retain
lionfish for recreational purposes year-round, and an exemption from
the commercial and recreational trap gear restrictions for the South
Atlantic Snapper-Grouper Commercial and Recreational Fisheries (FMP) to
allow the use of traps to retain managed snapper-grouper species for
recreational purposes during the spiny lobster open season.
``Recreational purposes'' covers harvest for further scientific studies
of lionfish as well as for personal consumption of lionfish and managed
species caught in the traps. Previous lionfish studies from 100
deployments showed non-containment trap bycatch to consist only of
striped burrfish, jackknife fish, and tattler bass, so lionfish is
anticipated to be the primary species harvested out of the
[[Page 74406]]
non-containment traps and bycatch of non-target species is expected to
be minimal. Bycatch from the spiny lobster traps are expected to be
similar to that from the spiny lobster trap fishery in the South
Atlantic.
The applicant has requested the EFP be effective for a 2-year
period from the date the EFP is issued.
NMFS finds the application warrants further consideration based on
a preliminary review. Possible conditions the agency may impose on the
permit, if granted, include but are not limited to, a prohibition on
conducting activities within marine protected areas, marine
sanctuaries, or special management zones. Additionally, NMFS may
require special protections for ESA-listed species and designated
critical habitat, and may require particular gear markings. A final
decision on issuance of the EFP will depend on NMFS' review of public
comments received on the application, consultations with the
appropriate fishery management agency of the affected state, the South
Atlantic Fishery Management Council, the U.S. Coast Guard, and a
determination that the activities to be taken under the EFP are
consistent with all applicable laws and regulations.
Authority: 16 U.S.C 1801 et seq.
Dated: December 27, 2021.
Karen Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-28352 Filed 12-29-21; 8:45 am]
BILLING CODE 3510-22-P
