82 FR 11345 - 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 34 (February 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 34 (February 22, 2017)
| Page Range | 11345-11346 | |
| FR Document | 2017-03458 |
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)] [Notices] [Pages 11345-11346] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03458] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices 11345
the one-year timeframe of the IHA level of least practicable impact; (2) the Station Mayport, FL. Originally valid for
(effective dates originally December 1, authorized takes will have a negligible 1 year, from December 1, 2013, through
2016 through November 30, 2017). One impact on the affected marine mammal November 30, 2014, the IHA now
species of marine mammal is expected species; (3) the authorized takes becomes effective on March 13, 2017,
to be affected by the specified activities: represent small numbers relative to the and is valid for one year, until March
Bottlenose dolphin (Tursiops truncatus affected stock abundances; and (4) the 12, 2018.
truncatus). This species may occur year- Navy’s activities will not have an Dated: February 16, 2017.
round in the action area. On January 23. unmitigable adverse impact on taking
Donna S. Wieting,
2017, the Navy informed us that no for subsistence purposes as no relevant
Director, Office of Protected Resources,
work had been performed relevant to subsistence uses of marine mammals are
National Marine Fisheries Service.
the specified activity considered in the implicated by this action.
National Environmental Policy Act [FR Doc. 2017–03410 Filed 2–21–17; 8:45 am]
MMPA analysis and requested that the
dates of the IHA be revised. (NEPA)—The Navy prepared an BILLING CODE 3510–22–P
Environmental Assessment analyzing
Summary of the Activity the project. We reviewed the EA and the
The purpose of the project is to public comments received and DEPARTMENT OF COMMERCE
complete necessary repairs at an determined that it was appropriate to
existing general purpose berthing wharf National Oceanic and Atmospheric
adopt the document in order to assess
at NSM. The wharf is one of NSM’s two Administration
the impacts to the human environment
primary deep-draft berths and is one of of issuance of an IHA to the Navy. We
the primary ordnance handling RIN 0648–XF185
signed a Finding of No Significant
wharves, and is in an advanced state of Impact on July 25, 2016. Fisheries of the Caribbean, Gulf of
deterioration resulting in load Endangered Species Act (ESA)— Mexico, and South Atlantic; Snapper-
restrictions. Construction of the There are no ESA-listed marine Grouper Fishery Off the Southern
replacement pier will require vibratory mammals expected to occur in the
Atlantic States, Dolphin and Wahoo
pile installation, with impact pile action area. Therefore, the Navy did not
Fishery Off the Atlantic States, and
driving as a contingency. The entire request authorization of the incidental
Coral and Coral Reefs Fishery in the
project is expected to require a take of ESA-listed species and no such
South Atlantic; Exempted Fishing
maximum of 130 in-water workdays authorization was issued; therefore, no
Permit
over two phases within a 24-month consultation under the ESA was
period. This IHA would be valid from required. AGENCY: National Marine Fisheries
December 1, 2016 through November Service (NMFS), National Oceanic and
Summary of the Revision
30, 2017. Atmospheric Administration (NOAA),
In order to rehabilitate Bravo Wharf, Construction activities have been Commerce.
the Navy proposes to install a new steel delayed for the project due to delays
ACTION: Notice of receipt of an
sheet pile bulkhead at Bravo Wharf, from construction activities at another
application for an exempted fishing
requiring approximately 880 single wharf in NSM, where they are allowed
to only have one out-of-service wharf at permit; request for comments.
sheet piles (Phase I—berths B–2 and B–
3: 590; Phase II—berth B–1: 290). a time. No in-water work has occurred, SUMMARY: NMFS announces the receipt
Vibratory driving will be the primary including all aspects of the specified of an application for an exempted
method of installation for all piles, activity considered in our issuance of fishing permit (EFP) from Dr. Janelle
although impact driving may be the IHA. The IHA, as issued, is a one- Fleming, on behalf of the Eastern
required as a contingency in the case of year IHA with no consideration of Carolina Artificial Reef Association
difficult subsurface driving conditions. seasonality in timing any component of (ECARA). If granted, the EFP would
Effects to marine mammals from the the specified activity. Therefore, shifting authorize the deployment of Maine
specified activity are expected to result the effective dates of the IHA to lobster traps, crab pot Christmas trees,
from underwater sound produced by accommodate the Navy’s delayed and geometric reef balls (fish attracting
vibratory and impact pile driving. In schedule for this project has no effect on devices) at several sites in the Federal
order to assess project impacts, the Navy our analysis of project impacts and does waters off North Carolina to determine
used thresholds recommended by not affect our findings. NOAA’s new the efficacy of these gear types for
NMFS. The Navy assumed practical acoustic guidance was published in the attracting and collecting invasive
spreading loss and used empirically- Federal Register on August 4, 2016 (81 lionfish.
measured source levels from FR 51693) after the original IHA was
representative pile driving events to issued. We are not considering this DATES: Written comments must be
estimate potential marine mammal information here; the change to the received on or before March 24, 2017.
exposures. The calculations predict that effective dates is the only change to this ADDRESSES: You may submit comments
only Level B harassment would occur IHA. No other new information is on the application, identified by
associated with pile driving activities, available that would substantively affect ‘‘NOAA–NMFS–2017–0011’’, by either
and required mitigation measures our analyses under the MMPA, NEPA, of the following methods:
further ensure that no more than Level or ESA. All mitigation, monitoring, and • Electronic Submission: Submit all
B harassment would occur. reporting measures described in our electronic public comments via the
Federal e-Rulemaking Portal. Go to
sradovich on DSK3GMQ082PROD with NOTICES
notice of issuance of the IHA remain in
Findings effect. The species for which take was www.regulations.gov/
Marine Mammal Protection Act authorized and the numbers of #!docketDetail;D=NOAA-NMFS-2017-
(MMPA)—As required by the MMPA, in incidences of take authorized are 0011, click the ‘‘Comment Now!’’ icon,
order to issue an IHA, we determined unchanged. complete the required fields, and enter
that (1) the required mitigation As a result of the foregoing, we have or attach your comments.
measures are sufficient to reduce the revised the IHA issued to the Navy to • Mail: Submit written comments to
effects of the specified activities to the conduct the specified activities in Naval Frank Helies, Southeast Regional Office,
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![11346 Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
NMFS, 263 13th Avenue South, St. connected by a chain with no buoy lines incidentally during the course of fishing
Petersburg, FL 33701. to the surface, and deployed along or scientific research activities to be
Instructions: Comments sent by any designated hard bottom features with a handled with due care to prevent injury
other method, to any other address or distance of 30 ft (9.14 m) to 50 ft (15.24 to live specimens, observed for physical
individual, or received after the end of m) between each trap. After condition, and returned to the water. A
the comment period, may not be deployment, divers will verify the final decision on issuance of the EFP
considered by NMFS. All comments position of the deployed fishing gear to will depend on NMFS’ review of public
received are a part of the public record ensure they are located between 20 ft comments received on the application,
and will generally be posted for public (6.10 m) and 30 ft (9.14 m) from the consultations with the affected state, the
viewing on www.regulations.gov designated bottom feature. Fishing gear Council, and the U.S. Coast Guard, and
without change. All personal identifying deployment would occur year-round a determination that the application,
information (e.g., name, address, etc.), along the North Carolina coast from 3 and EFP if issued, are consistent with
confidential business information, or nautical miles offshore, and up to 360 all applicable laws.
otherwise sensitive information ft (109.68 m) in depth. The fishing gear Authority: 16 U.S.C 1801 et seq.
submitted voluntarily by the sender will will be deployed for at least 48 hours
be publicly accessible. NMFS will and no longer than 3 weeks. After 48 Dated: February 16, 2017.
accept anonymous comments (enter ‘‘N/ hours, divers will count and identify the Karen H. Abrams,
A’’ in the required fields if you wish to number of fish inside and around the Acting Deputy Director, Office of Sustainable
remain anonymous). fishing gear, and record video prior to Fisheries, National Marine Fisheries Service.
FOR FURTHER INFORMATION CONTACT: hauling the gear. [FR Doc. 2017–03458 Filed 2–21–17; 8:45 am]
Frank Helies, 727–824–5305; email Video images will be used to assess BILLING CODE 3510–22–P
frank.helies@noaa.gov. the success of the crab pot Christmas
trees and geometric reef balls as
SUPPLEMENTARY INFORMATION: The EFP is
attracting devices for lionfish, and other DEPARTMENT OF COMMERCE
requested under the authority of the fish species. Fish captured in the Maine
Magnuson-Stevens Fishery lobster traps will be quantified to the National Oceanic and Atmospheric
Conservation and Management Act (16 lowest possible taxon, measured, Administration
U.S.C 1801 et seq.), and regulations at photographed/video documented, and
50 CFR 600.745(b) concerning exempted released alive. Any egg bearing lobsters Proposed Information Collection;
fishing. captured in a trap will be returned to Comment Request; Economic Impacts
The EFP request involves activities the water and released alive. Captured of Marine Debris on Tourism-
covered by regulations implementing lionfish will be counted, measured, and dependent Communities
the Fishery Management Plans (FMP) prepared for consumption at nearby
for Federally managed fisheries of the AGENCY: National Oceanic and
restaurants. These lionfish will be Atmospheric Administration (NOAA),
South Atlantic Region, which prohibit offered, free of charge, to patrons as part
the use of fish traps in the South Commerce.
of the consumer demand assessment
Atlantic (50 CFR 622.9). The applicant portion of the research project. ACTION: Notice.
requests authorization to deploy two The applicant previously submitted
sets of five Maine lobster traps with crab SUMMARY: The Department of
an application for an EFP for this study
pot Christmas trees and geometric reef Commerce, as part of its continuing
and NMFS noticed receipt of that
balls. Crab pot Christmas trees are a application in the Federal Register (80 effort to reduce paperwork and
vertical, pyramid-shaped structure with FR 5737, February 3, 2015). No public respondent burden, invites the general
many branch-type projections. Crab pot comments were submitted based on that public and other Federal agencies to
Christmas trees and geometric reef balls notice and the South Atlantic Fishery take this opportunity to comment on
would be used as fish attracting devices Management Council (Council) proposed and/or continuing information
in the project. The deployed fishing gear supported the issuance of an EFP for the collections, as required by the
and accompanying attracting devices study. Based on that application and Paperwork Reduction Act of 1995.
would be set along artificial reef sites, NMFS review, an EFP was issued on DATES: Written comments must be
natural reef sites, rocky reef bottom, and March 6, 2015, with an expiration date submitted on or before April 24, 2017.
a flat sandy area in Federal waters off of December 31, 2016. The applicant ADDRESSES: Direct all written comments
North Carolina. now seeks to continue this study, as to Jennifer Jessup, Departmental
The applicant has requested the EFP during the course of the previous EFP, Paperwork Clearance Officer,
be effective from April 15, 2017, they encountered logistical difficulties Department of Commerce, Room 6616,
through December 31, 2018. related to vessel availability and 14th and Constitution Avenue NW.,
The purpose of this study is to obtaining the required fishing gear. Washington, DC 20230 (or via the
support continued research on traps that NMFS finds this application warrants Internet at pracomments@doc.gov).
could be used for collecting invasive further consideration based on a
FOR FURTHER INFORMATION CONTACT:
lionfish off eastern North Carolina preliminary review. Possible conditions
the agency may impose on this permit, Requests for additional information or
artificial reefs, and to determine their
if they are granted, include but are not copies of the information collection
efficacy for lionfish collection and as
limited to, a prohibition of conducting instrument and instructions should be
fish attracting devices. Additionally, the
research within marine protected areas, directed to Amy V. Uhrin, Chief
project intends to assess consumers’
sradovich on DSK3GMQ082PROD with NOTICES
marine sanctuaries, special management Scientist, NOS Office of Response and
preference for lionfish as an exotic food
zones, or artificial reefs without Restoration, Marine Debris Division,
source in a restaurant setting to
additional authorization, and use of N/ORR, SSMC4, Rm. 10240, 1305 East-
determine if Carteret County, North
escape panels on the Maine lobster West Highway, Silver Spring, MD
Carolina, would support a consumer
traps. Additionally, and consistent with 20910, (240)-533–0426, amy.uhrin@
market for the species.
Each string of five Maine lobster traps Appendix F to 50 CFR part 622, NMFS noaa.gov.
and crab pot Christmas trees will be will require any sea turtles taken SUPPLEMENTARY INFORMATION:
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Document Created: 2017-02-22 00:08:28
Document Modified: 2017-02-22 00:08:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of receipt of an application for an exempted fishing permit; request for comments. | |
| Dates | Written comments must be received on or before March 24, 2017. | |
| Contact | Frank Helies, 727-824-5305; email [email protected] | |
| FR Citation | 82 FR 11345 | |
| RIN Number | 0648-XF18 |
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