[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11694-11695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04401]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB662]


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.

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SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from the South Carolina Aquarium. If granted, the 
EFP would authorize the South Carolina Aquarium to collect, with 
certain conditions, various species of snapper-grouper, Spanish 
mackerel, king mackerel, golden crab, dolphin, wahoo, Atlantic cobia, 
spiny lobster, and shrimp in the Federal waters off South Carolina and 
North Carolina in the South Atlantic. The specimens would be used in 
educational exhibits displaying native marine species at the South 
Carolina Aquarium located in Charleston, SC.

DATES: Written comments must be received on or before April 1, 2022.

ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2021-
0131'', 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-2021-0131'' in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Nikhil Mehta, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method (including email), 
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).
    Electronic copies of the EFP application and related documents are 
available from the website at https://www.fisheries.noaa.gov/southeast/south-carolina-aquarium-exempted-fishing-permit-application.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 727-824-5305; email 
[email protected].

SUPPLEMENTARY INFORMATION: The EFP is 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.
    The proposed specimen collection involves activities otherwise 
prohibited under the Magnuson-Stevens Act by regulations at 50 CFR part 
622, subparts I, J, L, M, Q, and R, as they pertain to species managed 
by the South Atlantic Fishery Management Council (Council) under the 
Fishery Management Plans for Snapper-Grouper, Coastal Migratory 
Pelagics, Dolphin and Wahoo, Golden Crab, Spiny Lobster, and Shrimp. 
The EFP would also exempt the described activities from certain 
Atlantic cobia regulations under the Atlantic Coastal Fisheries 
Cooperative Management Act at 50 CFR part 697. The South Carolina 
Aquarium is a not-for-profit public institution dedicated to the 
understanding and conservation of South Carolina's natural habitats and 
resources. The overall intent of the project is to incorporate native 
species into educational exhibits at the South Carolina Aquarium. The 
aquarium uses these displays of native South Carolina species to teach 
the public about stewardship and habitat preservation.
    To accomplish their request for species collection, the applicant 
seeks exemption from regulations at 50 CFR 622.9(c) (Fish traps); 50 
CFR 622.177(a) (Gear Identification); 50 CFR 622.181(b)(1), (b)(3), and 
(c) (Prohibited and limited-harvest species); 50 CFR 622.183(b)(1) 
through (5) and (b)(7) and (8) (Area and seasonal closures); 50 CFR 
622.184(a) (Seasonal harvest limitations); 50 CFR 622.185 (Size 
limits); 50 CFR 622.187(b), except for Nassau grouper at (b)(2)(v) (Bag 
and possession limits); 50 CFR 622.188(a)(2) (Required gear, authorized 
gear, and unauthorized gear); 50 CFR 622.200(a)(2)(i) (Permits); 50 CFR 
622.240(a) (Permits); 50 CFR 622.245(c) (Prohibited species); 50 CFR 
622.275 (Size limits); 622.277(a)(1)(i) and (a)(2)(i) (Bag and 
possession limits); 622.380(b) and (c) (Size limits); 50 CFR 
622.382(a)(1)(i) and (iii) (Bag and possession limits); 50 CFR 
622.402(b) (Permits); 50 CFR 622.404(d) (Prohibited gears and methods); 
50 CFR 622.407(a) (Minimum size limits and other harvest limitations); 
50 CFR 622.408(a) (Bag/possession limits); 50 CFR 697.28(c) (Size 
limits); and 50 CFR 697.28(e) (Bag and possession limits).
    The applicant requires authorization to collect (live) 1,436 fish 
and 455 invertebrates (crabs, lobsters, and shrimp) per year in the 
Federal waters off South Carolina, and sporadically in the Federal 
waters off North Carolina. The federally-managed species to be 
collected by the applicant per year, over a 5-year period, listed by 
common name with the collection total, are: Groupers (50 total) 
(Epinephelus spp. including rock hind, graysby, speckled hind (no more 
than 2), yellowedge, coney, red hind, goliath (no more than 2), red, 
misty, warsaw (no more than 2), and snowy); groupers (50 total) 
(Mycteroperca spp. including gag, black, yellowmouth, scamp, and 
yellowfin); grunts (250 total) (Haemulon spp. including margate, 
tomtate, cottonwick, sailors choice, and white); jacks (75 total) 
(Caranx spp. including bar jack); jacks (125 total) (Seriola spp. 
including greater amberjack, lesser amberjack, almaco jack, and banded 
rudderfish); Atlantic spadefish (50); hogfish (8); wreckfish (2); 
porgies (65 total) (Calamus spp. including jolthead, saucereye, 
whitebone, and knobbed); red porgy (25); longspine porgy (50); scup 
(50); sea basses (100 total) (Centroprstis spp. including bank, rock, 
and black); snappers (175 total) (including blackfin, queen (no more 
than 2), mutton, red (no more than 25), cubera, gray, lane, yellowtail, 
vermilion (no more than 75)); blueline tilefish (5);

[[Page 11695]]

golden tilefish (5); sand tilefish (10); triggerfish (25 total) 
(Balistes spp. including gray); ocean triggerfish (25); bullet mackerel 
(100); frigate mackerel (100); king mackerel (15); Spanish mackerel 
(15); wahoo (5); dolphin (50); and Atlantic cobia (6). Invertebrates 
(non-penaeid including golden crab (5), spiny lobster (25), and rock 
shrimp (25); penaeid shrimp including white, pink, and brown (400).
    The project would use vertical hook-and-line gear with artificial 
and natural baits, black sea bass pots, spiny lobster traps, golden 
crab traps, octopus traps, hand nets, dip nets, minnow traps and bait 
traps, and minnow traps. No black sea bass pots, spiny lobster traps, 
and golden crab traps would be deployed between November 1 and April 30 
of each year to avoid interactions with North Atlantic right whales 
during their calving season. Bait traps and minnow traps would be 
deployed year round by hand by divers using SCUBA gear. Octopus traps 
would be deployed year round without lines with buoys going to the 
surface. Most of the sample collections would be done in less than 300 
ft (91 m) of water. No more than five each, black sea bass pots, 
lobster pots, golden crab traps, minnow traps, and bait traps would be 
deployed with a soak time of no more than 5 hours at a time, and would 
not be tied together on a groundline. Up to 10 octopus traps would be 
deployed in depths less than 100 ft (30.5 m) with a soak time of about 
7 days (not to exceed 30 days). These traps are open at one end to 
allow animals to escape, and are designed for octopuses. All trap and 
pot gear would be deployed either by hand by divers using SCUBA or 
through using individual nylon lines with buoys. All gear types 
described in this paragraph would be utilized for the collection of 
requested species. This EFP would authorize sampling operations to be 
conducted on three vessels designated by and operated by personnel from 
the South Carolina Aquarium.
    All attempts would be made (venting, descending device, controlled 
ascent and descent, etc.) to release all non-targeted bycatch species 
alive.
    NMFS finds this application warrants further consideration based on 
a preliminary review. Possible conditions the agency may impose on this 
permit, if the permit is granted, include but are not limited to, a 
prohibition on conducting sampling activities within marine protected 
areas, marine sanctuaries, or special management zones, without 
additional authorization, and requiring compliance with best practices 
in the event of interactions with any protected species. NMFS would 
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 activity, and returned 
to the water. Currently, NMFS prohibits the possession of Nassau 
grouper, goliath grouper, speckled hind, warsaw grouper, and red 
snapper, but intends to authorize their collection as requested in the 
application, with the exception of Nassau grouper. Nassau grouper would 
not be authorized for collection.
    A final decision on issuance of the EFP will depend on NMFS' review 
of public comments received on the application, consultations with the 
affected states, the Council, and the U.S. Coast Guard, and a 
determination that it is consistent with all applicable laws.
    Authority: 16 U.S.C 1801 et seq.

    Dated: February 25, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-04401 Filed 3-1-22; 8:45 am]
BILLING CODE 3510-22-P