Notice2022-05765
Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Primary source
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Published
March 18, 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 an Exempted Fishing Permit application from Pioneers for a Thoughtful Coexistence, Inc. contains all the required information and warrants further consideration. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notice 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 53 (Friday, March 18, 2022)</title>
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[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15410-15411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05765]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB886]
Atlantic Coastal Fisheries Cooperative Management 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 an Exempted Fishing Permit application from Pioneers
for a Thoughtful Coexistence, Inc. contains all the required
information and warrants further consideration. Regulations under the
Magnuson-Stevens Fishery Conservation and Management Act and the
Atlantic Coastal Fisheries Cooperative Management Act require
publication of this notice to provide interested parties the
opportunity to comment on applications for proposed Exempted Fishing
Permits.
DATES: Comments must be received on or before April 4, 2022.
ADDRESSES: You may submit written comments by any of the following
methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#216f6c67720f6660730f646771614f4e40400f464e57"><span class="__cf_email__" data-cfemail="6c22212a3f422b2d3e42292a3c2c02030d0d420b031a">[email protected]</span></a>. Include in the subject line
``Comments on Pioneers Ropeless Fishing EFP.'' If you are unable to
submit comments via the above email, please contact Laura Hansen at
(978) 281-9225, or email at <a href="/cdn-cgi/l/email-protection#1a567b6f687b34527b74697f745a74757b7b347d756c"><span class="__cf_email__" data-cfemail="93dff2e6e1f2bddbf2fde0f6fdd3fdfcf2f2bdf4fce5">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, (978) 281-9225.
SUPPLEMENTARY INFORMATION: Pioneers for a Thoughtful Coexistence Inc.
(Pionners), in collaboration with the Northeaster Fisheries Science
Center (NEFSC) submitted a complete application for an Exempted Fishing
Permit (EFP) on December 20, 2021, to conduct a ropeless lobster gear
testing project. Pioneers is requesting an exemption from Federal
lobster regulations that would authorize three federally permitted
commercial lobster vessels to participate in a ropeless lobster gear
study in the Massachusetts Bay Restricted Area (MBRA). Pioneers is
requesting an exemption from gear marking requirements at 50 CFR
697.21(b)(2) to allow for the use of no surface markers on a trawl of
more than three traps.
The purpose of this study is to test real-world use of acoustic-
release systems that would reduce the risk of entangling protected
species, including the North Atlantic right whale.
The EFP would authorize three federally permitted lobster vessels
to modify some of their existing trawls to use ``on-demand access''
technology for the retrieval of the gear. Each vessel would use 10 sets
of acoustic releases and equipment to fish 10, 20-pot trawls each.
Experimental trawls would either have a rope spool, a buoy and stowed
rope system, or a lift bag system fitted with an acoustic release,
deployed on one end of the trawl. One vessel would have 5 of the 10
trawls fixed with acoustic releases on both ends of the trawl. Two
state-permitted vessels would also participate in the study exclusively
in state waters of the MBRA, and do not require Federal EFPs.
Participating vessels would be testing gear in discrete areas in the
MBRA that were selected by the applicant based on their claim of
limited historical right whale usage, desired bottom composition,
minimal gear conflict
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exposure, and history of viable fishing grounds. NEFSC and project
participants have been working to develop and test ropeless gear
technology since 2019. To date, there have been no premature releases
of the gear. Smart Buoy technology would be used to send an automated
electronic notification to an email list within approximately 20
minutes of surfacing in the event of an unintended release. The mail
list includes the Principal Investigator, Lori Caron, and Eric Matzen,
NEFSC, who would immediately notify enforcement and any on-the-water
marine patrol, research, and/or rescue efforts. Positioning will be
tracked in real time and recovery would occur as soon as possible. The
gear would be transported ashore for assessment. For a map of the areas
where sampling would occur, please see Figure 1.
Soak time would be no longer than 14 days, gear retrieval would be
limited to daylight hours, and gear would not be set or retrieved when
right whales are in close proximity, to further minimize any potential
interactions with right whales. Sampling would occur from the date the
permit is issued, through the end of the closure on April 30, 2022.
Pioneers estimated that there would be approximately 117 hauls of the
ropeless gear. Data would be collected with data sheets developed by
the NEFSC to ensure consistency among and between different ropeless
fishing projects. This project would also collect whale sighting data.
NEFSC staff would assist with data recording, when available. The
outcome of this project would be to inform discussions on the utility
of ropeless gear to allow potential fishing access to vertical line
closure areas.
[GRAPHIC] [TIFF OMITTED] TN18MR22.037
Participants would adhere to additional precautions to mitigate
concerns regarding enforcement, gear identification and retrieval, and
protected species interactions including:
<bullet> Unique marking of ground lines and on-demand vertical
lines beyond the regional requirements and the on-demand vertical line
would be supervised while in the water column at all times;
<bullet> Unique flag would be flown by participating vessels for
enforcement recognition;
<bullet> Weekly mandatory gear loss and gear conflict reporting;
<bullet> Stored vertical lines would be enhanced with weak links
every 40 feet and are designed to break at less than 1700 lb (771 kg);
<bullet> Participating vessels would operate at a 10-knot (18.5
kph) speed limit and, if within a 500 yard (457.2 m) buffer zone of a
surfacing right whale, would immediately depart the area at a safe,
slow speed;
<bullet> Weekly communication with Massachusetts Division of Marine
Fisheries and NEFSC on project activities; and,
<bullet> Use of the Trap Tracker application for retrieval and set
positioning of trawls. This information would be accessible to Federal,
state, and corresponding enforcement personnel, as requested.
If approved, the applicant may request minor modifications and
extensions to the EFP throughout the year. We may grant EFP
modifications and extensions 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. The EFP would prohibit any fishing activity
conducted outside the scope of the exempted fishing activities.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 15, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-05765 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-22-P
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