[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Notices]
[Pages 11345-11346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03458]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF185


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States, Dolphin and 
Wahoo Fishery Off the Atlantic States, and Coral and Coral Reefs 
Fishery in the 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.

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SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from Dr. Janelle Fleming, on behalf of the Eastern 
Carolina Artificial Reef Association (ECARA). If granted, the EFP would 
authorize the deployment of Maine lobster traps, crab pot Christmas 
trees, and geometric reef balls (fish attracting devices) at several 
sites in the Federal waters off North Carolina to determine the 
efficacy of these gear types for attracting and collecting invasive 
lionfish.

DATES: Written comments must be received on or before March 24, 2017.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2017-0011'', by either 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-2017-0011, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Frank Helies, Southeast 
Regional Office,

[[Page 11346]]

NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Frank Helies, 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.
    The EFP request involves activities covered by regulations 
implementing the Fishery Management Plans (FMP) for Federally managed 
fisheries of the South Atlantic Region, which prohibit the use of fish 
traps in the South Atlantic (50 CFR 622.9). The applicant requests 
authorization to deploy two sets of five Maine lobster traps with crab 
pot Christmas trees and geometric reef balls. Crab pot Christmas trees 
are a vertical, pyramid-shaped structure with many branch-type 
projections. Crab pot Christmas trees and geometric reef balls would be 
used as fish attracting devices in the project. The deployed fishing 
gear and accompanying attracting devices would be set along artificial 
reef sites, natural reef sites, rocky reef bottom, and a flat sandy 
area in Federal waters off North Carolina.
    The applicant has requested the EFP be effective from April 15, 
2017, through December 31, 2018.
    The purpose of this study is to support continued research on traps 
that could be used for collecting invasive lionfish off eastern North 
Carolina artificial reefs, and to determine their efficacy for lionfish 
collection and as fish attracting devices. Additionally, the project 
intends to assess consumers' preference for lionfish as an exotic food 
source in a restaurant setting to determine if Carteret County, North 
Carolina, would support a consumer market for the species.
    Each string of five Maine lobster traps and crab pot Christmas 
trees will be connected by a chain with no buoy lines to the surface, 
and deployed along designated hard bottom features with a distance of 
30 ft (9.14 m) to 50 ft (15.24 m) between each trap. After deployment, 
divers will verify the position of the deployed fishing gear to ensure 
they are located between 20 ft (6.10 m) and 30 ft (9.14 m) from the 
designated bottom feature. Fishing gear deployment would occur year-
round along the North Carolina coast from 3 nautical miles offshore, 
and up to 360 ft (109.68 m) in depth. The fishing gear will be deployed 
for at least 48 hours and no longer than 3 weeks. After 48 hours, 
divers will count and identify the number of fish inside and around the 
fishing gear, and record video prior to hauling the gear.
    Video images will be used to assess the success of the crab pot 
Christmas trees and geometric reef balls as attracting devices for 
lionfish, and other fish species. Fish captured in the Maine lobster 
traps will be quantified to the lowest possible taxon, measured, 
photographed/video documented, and released alive. Any egg bearing 
lobsters captured in a trap will be returned to the water and released 
alive. Captured lionfish will be counted, measured, and prepared for 
consumption at nearby restaurants. These lionfish will be offered, free 
of charge, to patrons as part of the consumer demand assessment portion 
of the research project.
    The applicant previously submitted an application for an EFP for 
this study and NMFS noticed receipt of that application in the Federal 
Register (80 FR 5737, February 3, 2015). No public comments were 
submitted based on that notice and the South Atlantic Fishery 
Management Council (Council) supported the issuance of an EFP for the 
study. Based on that application and NMFS review, an EFP was issued on 
March 6, 2015, with an expiration date of December 31, 2016. The 
applicant now seeks to continue this study, as during the course of the 
previous EFP, they encountered logistical difficulties related to 
vessel availability and obtaining the required fishing gear.
    NMFS finds this application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on this 
permit, if they are granted, include but are not limited to, a 
prohibition of conducting research within marine protected areas, 
marine sanctuaries, special management zones, or artificial reefs 
without additional authorization, and use of escape panels on the Maine 
lobster traps. Additionally, and consistent with Appendix F to 50 CFR 
part 622, NMFS will require any sea turtles taken incidentally during 
the course of fishing or scientific research activities to be handled 
with due care to prevent injury to live specimens, observed for 
physical condition, and returned to the water. A final decision on 
issuance of the EFP will depend on NMFS' review of public comments 
received on the application, consultations with the affected state, the 
Council, and the U.S. Coast Guard, and a determination that the 
application, and EFP if issued, are consistent with all applicable 
laws.

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

    Dated: February 16, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-03458 Filed 2-21-17; 8:45 am]
 BILLING CODE 3510-22-P