Notice2022-00737
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit
Primary source
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Published
January 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Sustainable Seas Technology, LLC. If granted, the EFP would authorize the applicant to deploy modified black sea bass pots with Acoustic Subsea Buoy Retrieval Systems (ASBRS) in South Atlantic Federal waters off North Carolina, South Carolina, Georgia, and Florida. The project would examine the potential usefulness of ASBRSs for use in the black sea bass pot gear component for the commercial sector of the snapper-grouper fishery in minimizing impacts to protected species.
Full Text
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<title>Federal Register, Volume 87 Issue 11 (Tuesday, January 18, 2022)</title>
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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2595-2597]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00737]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB651]
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 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 Sustainable Seas Technology, LLC. If
granted, the EFP would authorize the applicant to deploy modified black
sea bass pots with Acoustic Subsea Buoy Retrieval Systems (ASBRS) in
South Atlantic Federal waters off North Carolina, South Carolina,
Georgia, and Florida. The project would examine the potential
usefulness of ASBRSs for use in the black sea bass pot gear component
for the commercial sector of the snapper-grouper fishery in minimizing
impacts to protected species.
DATES: Written comments must be received on or before February 2, 2022.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2021-0129'' by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2021-0129'' in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Frank Helies, 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
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), 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 application and may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/southeast/science-data/black-sea-bass-pot-experimental-retrieval-project-exempted-fishing-permit/">https://www.fisheries.noaa.gov/southeast/science-data/black-sea-bass-pot-experimental-retrieval-project-exempted-fishing-permit/</a>.
FOR FURTHER INFORMATION CONTACT: Frank Helies, 727-824-5305; email:
<a href="/cdn-cgi/l/email-protection#57312536393c793f323b3e3224173938363679303821"><span class="__cf_email__" data-cfemail="9dfbeffcf3f6b3f5f8f1f4f8eeddf3f2fcfcb3faf2eb">[email protected]</span></a>.
[[Page 2596]]
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.
Currently, vertical end lines and buoys, such as those utilized
with black sea bass pots in the South Atlantic, present an entanglement
risk to the North Atlantic right whale, a species that is listed as
endangered under the Endangered Species Act (ESA). Each fall, some
right whales travel from their feeding areas in the waters off New
England and Canada to the shallow, coastal waters of North Carolina,
South Carolina, Georgia, and northeastern Florida. ASBRSs are a type of
fishing gear that allows fish traps, including black sea bass pots,
buoys, and their retrieval devices to be stored at depth until
triggered for retrieval at the surface. These gear systems allow for
trap and pot buoys and vertical lines to exist in the water column for
minutes instead of hours or days, as they are activated via acoustic
release only when fishers are present. As described in the application,
the applicant believes that adaptation of ASBRSs or ``ropeless''
systems for black sea bass pot fishing in the South Atlantic could
reduce the risk to these whales and other marine animals that are
subject to entanglements from vertical lines and buoys.
NMFS previously issued an EFP to the applicant through a pilot
project for ASBRS research similar to this in 2020 (85 FR 42831; July
15, 2020). That EFP pilot project found a 99 percent black sea bass pot
gear retrieval success rate when handled by project personnel.
If granted, the EFP would exempt limited fishing gear testing
activities from certain regulations for the black sea bass pot
component for the commercial sector of the South Atlantic snapper-
grouper fishery, specifically gear identification at 50 CFR
622.177(a)(4), area and seasonal closures at 50 CFR 622.183
(622.183(a)(1)(ii)(E), 622.183(a)(2)(vii)(E), and 622.183(b)(6)), black
sea bass pot configuration restrictions and requirements at 50 CFR
622.189 (622.189(b), 622.189(e)(1), and 622.189(g)) and Atlantic large
whale gear marking requirements at 50 CFR 229.32 (229.32(c)(1),
229.32(c)(2)(ii), and 229(c)(2)(iv)).
The applicant seeks an EFP to determine the following: If the ASBRS
gear would continue to show a greater than 99 percent successful
deployment and retrieval rate; if ASBRS gear significantly increases
the time and/or expense for gear retrieval and recovery versus the
current fishing method such that it might affect profitability; if
ASBRS gear significantly increases time and/or expense for the
repacking of gear for redeployment versus the current fishing method
such that it might affect profitability; if bycatch rates for the
modified black sea bass pot fishing configuration are greater than
those for the traditional single pots; and if the harvest of black sea
bass in the preferred inshore areas that are currently closed, would
still yield enough catch to offset the cost of ASBRS fishing gear and
modifications. If granted, the project would allow for expansion of
gear testing from the initial pilot project off Georgia to include
additional fishers off North Carolina, South Carolina, and Florida
during the seasonal black sea bass pot closure to examine basic
functionality, reliability, and feasibility of ropeless fishing gear
and alternative rigging configurations.
Under the EFP, the applicant would collect data through an ongoing
collaborative effort among different ASBRS manufacturers and fishery
industry partners. If granted, the EFP would be effective from the date
of issuance through August 31, 2024. In addition to this EFP request
for exemption from Magnuson-Stevens Act regulations, the applicant
would consult with NMFS to ensure the EFP would be consistent with
North Atlantic right whale conservation measures currently in place
through the ESA and Marine Mammal Protection Act. Fishers participating
in this project are assumed to be receiving grant funding and/or self-
funding the work. These fishers would be allowed to keep and sell all
catch lawfully harvested by black sea bass pots. The proposed EFP
testing area would occur in offshore Federal waters of North Carolina,
South Carolina, Georgia, and Florida out to a depth of 65 meters. The
inshore water depth for testing in Federal waters would not be less
than 20 meters. Sampling would occur from November 15 through April 30
of each year in water depths of 20 to 65 meters. The testing would not
occur in any special management zones listed in 50 CFR 622.182 or in
the North Atlantic Right Whale Critical Habitat Area.
Up to 11 different black sea bass pot designs would be fished as
singles and as four pot trawls in inshore areas. This would be done
during the black sea bass pot closure period each year (November 15
through April 30), to compare against control pots fished under the
previous EFP to yield data relative to the time expended to retrieve
and rebait traditional traps pursuant to the current regulations. Using
the ASBRS, the applicant would utilize virtual gear marking of the pots
(marking of gear deployment location with chart plotters, GPS, and
manufacturer-provided software). The applicant would also evaluate the
feasibility of use of various virtual gear marking systems and share
the results with fishery management partners.
Participating permitted commercial fishers would deploy
experimental gear for up to 10 days each year in supervised field
trials and additional unsupervised fishing trials, not to exceed 2,000
gear hauls per vessel over the length of the EFP, to evaluate the
performance of ASBRS with both the experimental and standard black sea
bass pot configurations. Each deployment under the EFP would be limited
to 35 total pots per vessel, with an average soak time of 90 minutes
per configuration. Some overnight sampling would occur for acoustic
releases.
EFP Black Sea Bass Pot Configurations
Under the EFP, four regulation-sized pots would be connected
together with wire connecting clips or zip ties so that only one ASBRS
gear device is needed to retrieve four connected pots. Each pot would
have the standard black sea bass pot single entrance and would possess
one back panel of 2-inch (5.1-cm) uniform mesh. The connected four
traps would test both one and two single entrances (on adjacent sides
of single traps to replace the allowable two opposite entrances) to
four regulation-sized trap interiors, and would otherwise comply with
the requirements for black sea bass pot dimensions and construction in
the South Atlantic. This experimental gear design of the four connected
pots is not a chevron-style fish trap, it is a design of standard black
sea bass pots connected to adjacent standard black sea bass pots. The
goal of this modification is to examine ways to reduce procurement and
implementation costs associated with the number of required ASBRSs to
fish 35 pots.
EFP Gear Markings
Two of the technologies that would be used in the EFP utilize lift
bags and buoys and are therefore unable to be line-marked as they do
not incorporate line into their design. For the other technologies
being tested under the EFP, all buoy lines on ASBRS gear types that use
stored line would be marked in accordance with the most recent
requirements pursuant to the Atlantic Large Whale Take Reduction Plan
and other Federal regulations, and would have weak links with a maximum
[[Page 2597]]
breaking strength of 600 lb (272 kg), 1,700 lb (771 kg) maximum
breaking strength sleeves, and line with a breaking strength of less
than 2,200 lb (998 kg).
EFP Buoy Line
Six of the eight currently available ASBRS devices require the use
of a line for retrieval that is contained and stored at depth by a line
management system. The other two release devices do not use line, but
instead, utilize the inflation of either a lift bag or inflatable buoy
to pull a lead trap to the surface. The styles of line storage vary
with device design and includes square, rectangular, domed, circular,
and conical cages, oyster mesh bags, canisters, and spools. These have
been successfully used in trials and testing in a variety of active
fishing operations in the United States and worldwide.
Four of the ASBRS devices in the EFP require floating line to
return the buoy or buoys to the surface for retrieval. Currently, the
average time for appearance of buoys at depths greater than 100 ft
(30.5 m) is approximately 3 minutes. Retrieval generally takes less
than 2 minutes, which means that any floating line would be at the
surface for less than 5 minutes, and during which time the fishing
vessel would be within 20-30 ft (6.1-9.1 m) of the line. Two of the
release devices do not incorporate line longer than 10 ft (3.1 m) in
their design, and two devices use a harness that clips to the pot. The
remaining devices use less than 150 ft (45.7 m) of line which would be
stowed inside either a bag or on a spool. Sinking line cannot be used
for any ASBRS as it would create a negatively buoyant strain on the
buoys and not effectively allow for their return to the surface. All of
the ASBRSs with a line storage system would need to be attached between
the trap and the buoy. If necessary, several of the ASBRSs may also
require a small anchor or weight to be attached between the pot and
line-storage device or buoy in areas with higher current to keep them
from fouling in the pot, as well as to ensure they are not dragged from
their intended deployment area. For lift bag and buoy systems, the
actual systems would be secured between the pot and the buoy/bag.
NMFS finds the application warrants further consideration based on
a preliminary review. Possible conditions the agency may impose on the
permit, if granted, include but are not limited to, a prohibition on
conducting fishing gear testing within marine protected areas, marine
sanctuaries, special management zones, or areas where they might
interfere with managed fisheries without additional authorization.
Additionally, NMFS may require special protections for ESA-listed
species and designated critical habitat, and may require particular
gear markings. A final decision on issuance of the EFP will depend on
NMFS' review of public comments received on the application,
consultations with the appropriate fishery management agencies of the
affected states, the South Atlantic Fishery Management Council, and the
U.S. Coast Guard, and a determination that the activities to be taken
under the EFP are consistent with all applicable laws.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 11, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-00737 Filed 1-14-22; 8:45 am]
BILLING CODE 3510-22-P
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