[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5737-5738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02041]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD647


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 two applications for exempted fishing 
permits; request for comments.

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SUMMARY: NMFS announces the receipt of two applications for exempted 
fishing permits (EFPs), one from Dr. Janelle Fleming, on behalf of the 
Eastern Carolina Artificial Reef Association (ECARA); and one from Dr. 
James Morris of the National Ocean Service (NOS). If granted, the EFPs 
would authorize the deployment of Maine lobster traps, crab pot 
Christmas trees, and horizontal structures (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 5, 2015.

ADDRESSES: You may submit comments on the applications, identified by 
``NOAA-NMFS-2015-0018'', 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-2015-0018, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Kate Michie, 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 ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Kate Michie, 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 fishing activities proposed under each EFP are similar in 
nature; therefore, both EFP requests are being announced in a single 
Federal Register notice. However, NMFS will consider each application 
separately and make independent determinations about whether to issue 
each EFP. The EFP requests involve 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 ECARA request 
authorization to deploy two sets of five Maine lobster traps with crab 
pot Christmas trees. The NOS applicant requests authorization to deploy 
one set of five Maine lobster traps with crab pot Christmas trees and 
horizontal structures. Crab pot Christmas trees are a vertical, 
pyramid-shaped structure with many branch-type projections.

[[Page 5738]]

Crab pot Christmas trees would be used as fish attracting devices in 
both projects. The horizontal structures are horizontal and concave 
structures elevated off the bottom with four legs similar to an upside 
down satellite dish or a small round table. This structure type has 
been documented to attract large aggregations of lionfish. In both 
projects, the Maine lobster traps 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 ECARA applicant has requested the EFP be effective from the 
date of issuance through December 31, 2016, and the NOS applicant has 
requested the EFP be effective from the date of issuance through 
December 31, 2018.
    The purpose of these studies are 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 as 
fish attracting devices. Additionally, the ECARA project intends to 
assess consumers' preference for lionfish as an exotic food source in a 
restaurant setting to determine if Carteret County, NC, would support a 
consumer market for the species.
    In both studies, each string of five Maine lobster traps and crab 
pot Christmas trees/horizontal structures 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 traps to ensure the traps are located between 20 ft (6.10 m) and 30 
ft (9.14 m) from the designated bottom feature. Trap deployment would 
occur year-round along the North Carolina coast from 3 miles offshore, 
and up to 360 ft (109.68 m) in depth. The traps 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 traps, and 
record video prior to hauling the traps.
    Video images will be used to assess the success of the crab pot 
Christmas trees and horizontal structures as attracting devices for 
lionfish, and other fish species. Under the ECARA project, 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. Under the 
NOS project, fish caught in the Maine lobster traps will be removed 
from the traps, returned to the water and released alive.
    NMFS finds these applications warrant 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, 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 activity, and returned to the water. A final 
decision on issuance of each of the EFPs will depend on NMFS' review of 
public comments received on the application, consultations with the 
affected state, the South Atlantic Fishery Management Council, and the 
U.S. Coast Guard, and a determination that they are consistent with all 
applicable laws.

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

    Dated: January 29, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-02041 Filed 2-2-15; 8:45 am]
BILLING CODE 3510-22-P