Notice2022-04868
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Primary source
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Published
March 8, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that a proposed exempted fishing permit contains all of the required information and warrants further consideration. This exempted fishing permit would allow Atlantic herring vessels to use electronic monitoring, coupled with portside sampling, in lieu of at- sea monitoring to satisfy their industry-funded monitoring requirements during 2022. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.
Full Text
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<title>Federal Register, Volume 87 Issue 45 (Tuesday, March 8, 2022)</title>
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[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12939-12941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04868]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB816]
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary
determination that a proposed exempted fishing permit contains all of
the required information and warrants further consideration. This
exempted fishing permit would allow Atlantic herring vessels to use
electronic monitoring, coupled with portside sampling, in lieu of at-
sea monitoring to satisfy their industry-funded monitoring requirements
during 2022. Regulations under the Magnuson-Stevens Fishery
Conservation and Management Act require publication of this
notification to provide interested parties the opportunity to comment
on applications for proposed exempted fishing permits.
DATES: Comments must be received on or before March 23, 2022.
ADDRESSES: You may submit written comments by the following method:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#721c1f14015c1513005c171402321c1d13135c151d04"><span class="__cf_email__" data-cfemail="d1bfbcb7a2ffb6b0a3ffb4b7a191bfbeb0b0ffb6bea7">[email protected]</span></a>. Include in the subject line
``HERRING EM EFP.''
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, 978-281-9196.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council took final action on the
New England Industry-Funded Monitoring (IFM) Omnibus Amendment in 2018
and recommended a 50-percent coverage target for at-sea monitoring
(ASM) coverage aboard vessels issued a Category A or B herring permit.
This 50-percent coverage target includes a combination of Standardized
Bycatch Reporting Methodology (SBRM) and IFM coverage. IFM coverage
requirements may be waived on a trip-by-trip basis if monitoring
coverage is unavailable, if vessels intend to land less than 50 mt of
herring, or if vessels carry no fish on pair trawling trips (i.e., wing
vessels). The IFM Amendment also included a provision allowing midwater
trawl vessels to purchase observer coverage in order to fish in
Groundfish Closed Areas (GCA).
The Council reviewed the results from a midwater trawl electronic
monitoring (EM) pilot study and concluded that a combination of EM and
portside sampling was an appropriate substitute for ASM aboard midwater
trawl vessels. However, rather than including EM and portside
requirements in the IFM Amendment, the Council recommended that NMFS
administer EM and portside sampling via an exempted fishing permit
(EFP) for midwater trawl vessels during the first 2 years of IFM in the
herring fishery. The Council is required to evaluate the effectiveness
of the herring IFM program 2 years after implementation of the
amendment. In July 2021, NMFS issued an EFP authorizing six herring
vessels to use EM and portside sampling in lieu of ASM to satisfy their
IFM requirements during the first year of IFM in the herring fishery.
The issuance of this 2022 EFP would cover the second year of IFM in the
herring fishery. The Council would consider lessons learned through the
2021 and 2022 EFPs when reviewing herring IFM requirements and
considering how to most effectively and efficiently administer an EM
and portside sampling program for the herring fishery.
Herring fishing effort has been limited in IFM year 2021 due to low
annual catch limits (ACL). As of February 15, 2022, participating
vessels completed 27 trips under the 2021 EFP:
<bullet> Eight trips were selected for IFM coverage. Coverage
waivers were issued for seven of these trips, and one was portside
sampled;
<bullet> One GCA trip was taken, and that trip was portside
sampled; and
<bullet> Twelve trips were eligible for EM video review (i.e.,
there was fishing effort). Video review had been completed for 11 of
these trips.
Findings from the voluntary EM study, as well as analyses in the
Environmental Assessment for the IFM Amendment, suggest that EM and
portside sampling may be a more cost-effective monitoring option than
at-sea monitors or observers for the herring fishery. Developing
another permanent monitoring option for the herring fishery would give
herring vessels additional flexibility to select the most cost-
effective monitoring option for their fishing operations, which would
help mitigate the negative economic impacts of recent reductions to
herring ACLs. Additionally, information gathered through this EFP would
also help further evaluate the utility of EM and portside sampling to
monitor fishing in GCAs, and to monitor herring vessels fishing with
purse seine or bottom trawl gear.
Project Description
The project period for this EFP would cover IFM year 2022 (April 1,
2022-March 31, 2023), contingent upon availability of funds. Under this
EFP, up to 21 vessels holding Category A or B herring permits would be
required to run EM systems (video cameras and gear sensors) on 100
percent of declared herring trips, except under the following
circumstance: If a vessel using midwater trawl gear intends to operate
as a wing vessel on a trip (meaning it will pair trawl with another
midwater trawl vessel but will not pump or carry any fish onboard), and
NMFS issues the wing vessel a waiver from IFM requirements for that
trip, the wing vessel does not need to run its EM system during that
trip. Declared herring trips include any trips declared using the
herring (HER) plan code, or any trips where the vessel indicates that
it is retaining herring when participating in the Atlantic mackerel
(e.g., mackerel trip with herring retention (MAH), mackerel trip with
herring and squid retention (MHS)) or the squid fishery (e.g., longfin
squid trip with herring retention (SLH), longfin squid trip with
herring and mackerel retention (LHM), Illex squid trip with herring
retention (SIH), Illex squid trip with herring and mackerel
retention(IHM)).
The purpose of EM is to confirm catch retention and verify
compliance with slippage restrictions. Participating vessels would be
required to run EM systems regardless of whether they are carrying an
SBRM observer on trips that are selected for SBRM coverage.
Participating vessels would be required to adhere to all normal
reporting
[[Page 12940]]
requirements, except as exempted through this EFP. Participating
vessels would be required to adhere to individual Vessel Monitoring
Plans (VMP) when fishing under the EFP. Each vessel's VMP would outline
the catch handling protocols and EM system configurations that the
vessel would use while participating in the program. Vessels would not
be permitted to fish under the EFP until they hold a NMFS-approved VMP.
NMFS contracted Saltwater Inc., as the EM service provider for this
EFP during IFM year 2022. Vessels would be required to use Saltwater
Inc., as the EM service provider when fishing under this EFP. The EM
service provider would be responsible for developing VMPs for
participating vessels. The EM service provider would also be
responsible for: Installing, maintaining, and uninstalling EM equipment
on participating vessels; reviewing EM video footage; processing and
annotating video and sensor data; generating EM data analysis
summaries; and working with NMFS personnel to review program
performance for refinement.
Given anticipated low fishing effort during IFM year 2022, EM data
from 100 percent of EFP trips with fishing effort would get selected
for video review in order to learn as much as possible about
administering an EM program through this EFP. Because the purpose of EM
is to confirm catch retention and trips without fishing effort would
have no catch, trips without fishing effort would not get selected for
video review. EM video reviewers would identify (presence/absence) and
characterize each discard event that occurs on reviewed trips.
Participating vessels would primarily fish with midwater trawl or
purse seine gear on declared herring trips; however, some vessels may
fish with small-mesh bottom trawl gear under the EFP. Prior to the
start of each year, participating vessels would be required to inform
the Principal Investigator (PI) and NMFS about which gears they planned
to fish with at what points during the year. Participating vessels
would also be required to notify the PI and NMFS one month ahead of
when they planned to switch gears. Feedback from industry suggests that
catch handling protocols remain consistent regardless of whether
vessels fish with midwater trawl, purse seine, or small-mesh bottom
trawl gear. However, when a vessel switches gears, EM technicians may
need to reconfigure the cameras on board to ensure that they can still
adequately capture fishing activity. After switching gears, the vessel
may not depart on a declared herring trip until the EM service provider
has confirmed that the EM system is properly configured and documented
in the vessel's VMP.
Allowing vessels to switch gears during the year will incentivize
participation in the EFP by allowing vessels flexibility to maximize
fishing opportunities. Additionally, allowing participating vessels to
fish with purse seine and small-mesh bottom trawl gear would provide
NMFS with additional information on the effectiveness of using EM to
monitor vessels fishing with these gear types, because the pilot study
and the 2021 EFP focused primarily on vessels fishing with midwater
trawl gear. Participation in the EFP is not expected to lead to any
shifts in effort that would not otherwise have occurred in the fishery.
Portside Sampling
Prior to any declared herring trip, representatives from vessels
with Category A or B permits are required to follow the usual
notification process for monitoring coverage. NMFS will notify the
vessel representative if a trip is selected for SBRM or IFM coverage.
Consistent with the Council-recommended 50-percent IFM coverage target
for herring vessels, 50 percent of EFP trips would be selected for
coverage. If selected for IFM coverage, participating vessels would be
subject to portside sampling on the selected trip in lieu of hiring an
at-sea monitor. The purpose of portside sampling is to collect species
composition data along with age and length information. If NMFS
notifies a participating vessel that a trip has been selected for IFM
coverage, that vessel would be required to procure portside sampling
services from a NMFS-approved service provider. Consistent with the
herring monitoring requirements at Sec. 648.11(m)(1)(iv), the vessel
would be prohibited from fishing for, taking, possessing, or landing
any herring without procuring portside sampling services for that trip,
unless NMFS issued the vessel a coverage waiver for that trip.
When a trip is portside sampled (i.e., selected for IFM coverage or
paying for portside sampling in order to fish in a GCA), participating
vessels would be required to comply with slippage prohibitions and
consequence measures, and they would need to offload their catch at a
NMFS-approved sampling station. Sampling station owners would be
responsible for maintaining sampling stations according to NMFS safety
standards. Portside samplers would complete a safety inspection upon
arrival at each sampling station, prior to the start of an offload. If
a station failed to meet all of the requirements outlined in the safety
inspection checklist, the participating vessel would be issued a one-
time waiver by the portside sampler to continue the offload and an
explanation of the safety deficiency refusal. The portside sampler
would also report the safety deficiency refusal to NMFS. If the
original safety deficiency was not addressed within 48 hours of being
reported to NMFS, participating vessels would not be permitted to
continue offloading at that location on trips selected for portside
sampling until the station had been brought into compliance.
Slippage Requirements
If a participating vessel slipped catch on a trip that was portside
sampled, that vessel would be subject to all of the following
consequence measures:
<bullet> The vessel operator must move at least 15 nautical miles
(nm) (27.78 km) from the location of the slippage event before
deploying any gear again, and must stay at least 15 nm (27.78 km) away
from the slippage event location for the remainder of the fishing trip;
<bullet> The vessel operator must complete and sign a Released
Catch Affidavit detailing: The vessel name and permit number; the VTR
serial number; where, when, and for what reason the catch was released;
the estimated weight of each species brought on board or released on
that tow. A completed affidavit must be submitted to NMFS within 48
hours of the end of the trip; and
<bullet> The vessel operator must report slippage events on the
herring daily Vessel Monitoring System catch report and indicate the
reason for slipping catch.
Fishing Inside of Groundfish Closed Areas
To comply with the 100-percent monitoring coverage requirement when
fishing inside a GCA, participating vessels would be authorized to use
EM and portside sampling, in lieu of carrying a human observer, even if
not selected for IFM or SBRM coverage. A GCA trip that was portside
sampled would not count towards the vessel's realized coverage rate if
the trip was not selected for IFM or SBRM coverage. In other words, if
a trip was not selected for either coverage type but the vessel elected
to pay for optional portside sampling coverage in order to fish inside
a GCA, that trip would not count towards the vessel's realized coverage
rate.
[[Page 12941]]
Proposed Exemptions
General Exemptions for Participating Vessels
This EFP would exempt participating vessels from the IFM ASM
coverage requirements at Sec. 648.11(m)(1)(ii). This exemption would
authorize participating vessels to use EM, coupled with portside
sampling, to satisfy their IFM coverage requirements in lieu of
carrying a human at-sea monitor.
Slippage Exemptions for Participating Vessels Fishing Outside of
Groundfish Closed Areas
This EFP would exempt participating vessels from the slippage
definition at Sec. 648.2 under the following circumstance:
Participating vessels fishing outside of GCAs would be authorized to
discard fish sorted at the grate (with the exception of haddock) in
view of a camera on trips selected for portside sampling. These
discards would not be considered slippage and would not trigger
slippage consequence measures, but vessels would still be required to
report them as discards. This exemption would not apply when vessels
are fishing inside GCAs. When fishing inside GCAs, fish discarded at
the grate after sorting would be considered slippage and would trigger
slippage consequence measures.
Vessels with observer or ASM coverage may discard fish at the grate
after those fish are made available for sampling, and those discards
are not considered slippage. However, fish discarded at the grate after
sorting are considered slippage on vessels selected for portside
sampling. This exemption would resolve operational differences
resulting from the slippage definition and help create equity in vessel
operations across gear and monitoring types. Feedback from industry
suggests that only small quantities of fish are handpicked at the
grate, so it is unlikely that this exemption would result in high
volumes of fish being discarded prior to catch being sampled portside.
Observer Exemptions for Participating Vessels Fishing Inside of
Groundfish Closed Areas
This EFP would exempt participating vessels from the Northeast
multispecies season and area restrictions at Sec. 648.202(b)(1), and
from the prohibition against fishing in a Northeast multispecies closed
area without an observer on board at Sec. 648.14(r)(2)(v). The EFP
would authorize participating vessels to use EM and portside sampling
in lieu of carrying a human observer when fishing in a GCA on a trip
not selected for SBRM coverage. Purchasing portside sampling coverage
to fish in GCAs is expected to be less expensive than purchasing
observer coverage to fish in GCAs, so this exemption would provide an
incentive for vessels to participate in the EFP. This exemption would
also allow NMFS to assess the feasibility of using EM and portside
sampling to monitor midwater trawl herring trips fished in GCAs.
Operational Discarding Exemptions for Participating Vessels Fishing
Inside of GCAs
This EFP would exempt participating vessels from season and area
restrictions at Sec. 648.202(b)(2) and (4) when operationally
discarding catch. The EFP would authorize participating vessels to
operationally discard catch in GCAs without triggering the consequence
measures described at Sec. 648.202(b)(4). Operational discards in the
herring fishery are defined as ``small amounts of fish that cannot be
pumped on board and remain in the codend or seine at the end of pumping
operations.'' Midwater trawl vessels are permitted to operationally
discard outside of GCAs without triggering consequence measures, but
not inside GCAs. This exemption would allow participating vessels to
maintain operational consistency inside and outside of GCAs. This
exemption would also allow NMFS to collect additional information on
the frequency of operational discards in GCAs. This exemption would not
undermine conservation objectives because participating vessels would
be fully monitored on 100 percent of trips and would be fully
accountable for their catch in GCAs.
If approved, minor modifications and extensions to the EFP may be
made throughout the year. EFP modifications and extensions may be
granted without further notice if they are deemed essential to
facilitate completion of the proposed research and have minimal impacts
that do not change the scope or impact of the initially approved EFP
request. Any fishing activity conducted outside the scope of the
exempted fishing activity would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 1, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-04868 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-22-P
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