[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41764-41765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17897]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XA491]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coral and Coral Reefs off the Southern Atlantic States; Exempted 
Fishing Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of an application for an exempted fishing 
permit; request for comments.

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SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from Dr. Louis Daniel, on behalf of the North 
Carolina Division of Marine Fisheries. If granted, the EFP would 
authorize a maximum of 12 commercial fishing vessels to harvest and 
land South Atlantic snapper-

[[Page 41765]]

grouper species that are either currently prohibited to be harvested in 
general by the South Atlantic Snapper-Grouper Fishery Management Plan 
(FMP) (speckled hind and warsaw grouper) or are prohibited to be 
harvested beyond a depth of 240 ft (73.2 m) (blueline tilefish, misty 
grouper, queen snapper, silk snapper, snowy grouper, and yellowedge 
grouper). Authorized vessels would be eligible to harvest these species 
in the exclusive economic zone (EEZ) off North Carolina, specifically, 
the waters north of Cape Hatteras to the North Carolina/Virginia 
border. The purpose of this EFP would be to provide basic life history 
information for any fish harvested, particularly blueline tilefish. An 
additional purpose of the EFP would be to determine the distribution of 
speckled hind and warsaw grouper in the study area to determine if 
these species are bycatch in the commercial blueline tilefish component 
of the South Atlantic snapper-grouper fishery.

DATES: Comments must be received no later than 5 p.m., Eastern Time, on 
August 1, 2011.

ADDRESSES: You may submit comments on the application by either of the 
following methods:
     E-mail: [email protected]. Include in the subject 
line of the e-mail comment the following document identifier: 
LouisDaniel--EFP 2011.
     Mail: Rick DeVictor, 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.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 727-824-5305; e-mail: 
[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.
    The proposed data collection involves activities otherwise 
prohibited by regulations at 50 CFR part 622, as they pertain to 
species managed by the South Atlantic Fishery Management Council 
(Council) specific to the commercial blueline tilefish component of the 
snapper-grouper fishery in the South Atlantic. This EFP would exempt 
designated project participants from regulations regarding the harvest 
and possession prohibition for speckled hind and warsaw grouper (Sec.  
622.32(b)(3)(vii)), the area closure for deep-water snapper-grouper 
species (Sec.  622.35(o)), queen and silk snapper commercial size 
limits (Sec.  622.37(e)(1)(iii)), and the snowy grouper commercial trip 
limit (Sec.  622.44(c)(3)).
    The data collection is authorized in Federal waters, off of North 
Carolina from a depth of 40 fathoms seaward to the EEZ limit between 
Cape Hatteras (35[deg]15.03' N. latitude) north to the North Carolina/
Virginia state line (36[deg]33.02' N. latitude). The EFP would expire 
when one of the following criteria is met: 100 total trips are taken by 
the combined participants; 350,000 lb (158,757 kg) of blueline tilefish 
are landed; 50 fish total of speckled hind or warsaw grouper are landed 
in any combination; 30 of any one of the following deep-water snapper-
grouper species are landed (misty grouper, queen snapper, silk snapper, 
and yellowedge grouper); 1 year from the start date of the EFP; or for 
other reasons determined to be appropriate by NMFS.
    A maximum of 12 commercial fishing vessels would be allowed to 
participate. To be eligible, a vessel's 2009 commercial landings must 
have exceeded 500 lb (226.8 kg) of blueline tilefish in the EEZ waters 
off North Carolina, north of Cape Hatteras, as verified by the North 
Carolina trip ticket program. Vessels authorized by this EFP would have 
an observer onboard for 20 percent of all trips taken under the 
authority of the EFP. Observers would be selected by the North Carolina 
Division of Marine Fisheries. A NMFS port agent would collect life 
history information and otoliths from blueline tilefish, snowy grouper, 
speckled hind, and warsaw grouper to the extent possible. Sampled fish 
would be returned to the fisherman in a condition appropriate for sale. 
Under the EFP, speckled hind and warsaw grouper would not be eligible 
for sale, however, other deep-water snapper-grouper species would be 
eligible for sale, with the following condition: Snowy grouper would be 
eligible for sale up to 100 lb (45 kg) per trip, with a maximum of 
10,000 lb (4,536 kg) for all the vessels for the duration of the EFP. 
The otoliths would be transported to the North Carolina Division of 
Marine Fisheries for storage and potential further analysis. All 
landings of blueline tilefish and snowy grouper would be deducted from 
the commercial annual catch limits for these species as established by 
the Council.
    The purpose of this EFP would be to provide basic life history 
information of the fish harvested, particularly blueline tilefish. 
Another purpose of the EFP would be to determine the presence or 
absence of speckled hind and warsaw grouper north of Cape Hatteras, 
North Carolina, to determine if these species are bycatch by commercial 
blueline tilefish harvesters.
    NMFS finds this application warrants further consideration. Based 
on a preliminary review, NMFS intends to issue the requested EFP, 
pending receipt of public comments, as per Sec.  600.745(b)(3)(i). 
Possible conditions the agency may impose on this permit, if it is 
indeed granted, include but are not limited to, a prohibition on 
conducting research within marine protected areas, marine sanctuaries, 
special management zones, or artificial reefs without additional 
authorization. A report on the project findings is due at the end of 
the collection period, to be submitted to NMFS and reviewed by the 
Council.
    A final decision on issuance of the EFP will depend on NMFS's 
review of public comments received on the application, consultations 
with the affected state, the Council, and the U.S. Coast Guard, as well 
as a determination that the EFP is consistent with all applicable laws.

    Authority:  16 U.S.C 1801 et seq.

    Dated: July 12, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-17897 Filed 7-14-11; 8:45 am]
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