Notice2022-18460
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit
Primary source
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Published
August 26, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Texas Sea Grant. If granted, the EFP would authorize the testing of new bycatch reduction device (BRD) designs in the commercial shrimp fishery in Federal waters of the Gulf of Mexico (Gulf). The Better BRDs for the Gulf Shrimp Fleet Project is a collaborative effort amongst Louisiana Sea Grant, Texas Sea Grant, NOAA Restoration Center, and NMFS to restore finfish populations impacted by the Deepwater Horizon oil spill (MC252) through the development and certification of new BRDs for the commercial shrimp industry throughout the Gulf.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52512-52514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18460]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC274]
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 Texas Sea Grant. If granted, the EFP would
authorize the testing of new bycatch reduction device (BRD) designs in
the commercial shrimp fishery in Federal waters of the Gulf of Mexico
(Gulf). The Better BRDs for the Gulf Shrimp Fleet Project is a
collaborative effort amongst Louisiana Sea Grant, Texas Sea Grant, NOAA
Restoration Center, and NMFS to restore finfish populations impacted by
the Deepwater Horizon oil spill (MC252) through the development and
certification of new BRDs for the commercial shrimp industry throughout
the Gulf.
DATES: Written comments must be received on or before September 12,
2022.
ADDRESSES: You may submit comments on the application, identified by
``NOAA-NMFS-2022-0089'' 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-2022-0089'' 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/commercial-fishing/better-bycatch-reduction-device-gulf-shrimp-fleet-project/">https://www.fisheries.noaa.gov/southeast/commercial-fishing/better-bycatch-reduction-device-gulf-shrimp-fleet-project/</a>.
FOR FURTHER INFORMATION CONTACT: Frank Helies, 727-824-5305; email:
<a href="/cdn-cgi/l/email-protection#9cfaeefdf2f7b2f4f9f0f5f9efdcf2f3fdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="6d0b1f0c03064305080104081e2d03020c0c430a021b">[email protected]</span></a>.
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.
The EFP application submitted to NMFS involves the use of
experimental fishing gear (BRDs) in Federal waters. Federal regulations
require shrimp vessels to use NMFS approved BRDs while trawling for
Gulf shrimp in Federal waters in the Gulf (50 CFR 622.53(a)). The EFP
would exempt these research activities from the regulations requiring
the use of BRDs in Federal waters of the Gulf at 50 CFR 622.53(a), and
would allow the applicant to replace an existing approved BRD with one
of six experimental BRDs determined by the applicant. The specific EFP
request is further described and summarized below.
The Better BRDs for the Gulf Shrimp Fleet Project is a
collaborative effort amongst Louisiana Sea Grant, Texas Sea Grant, NOAA
Restoration Center, and NMFS to restore finfish populations injured by
the Deepwater Horizon oil spill (MC252) through development and
certification of new BRDs for the commercial shrimp industry throughout
the Gulf. The project involves the testing of new BRD designs in the
commercial shrimp fishery in Federal waters of the Gulf. The new BRD
designs could demonstrate a greater reduction in bycatch over the
federally certified Fisheye BRD, which may also lead to an overall
increase in shrimp catch.
This project would identify and develop new bycatch-reducing
technology to minimize commercial shrimp trawl finfish discard
mortality. Additionally, the project seeks to advance cost-effective
solutions for the Gulf shrimp fleet that would maximize the adoption of
improved BRDs.
The project is separated into several phases. The first phase was
conducted over the past year and included proof-of-concept testing of
new BRD designs
[[Page 52513]]
by NMFS Gear Research Branch partners. This proof-of-concept testing
included both dive and vessel testing aboard the research vessel
Caretta. The dive testing was conducted off Panama City, Florida, and
the vessel testing was conducted off Pascagoula, Mississippi. New BRD
designs that showed the potential to be effective during proof-of-
concept testing will be accepted for further evaluation during the
project's next phase.
The next phase, covered by this EFP, would further evaluate the
vetted BRDs through cost-effective solutions as part of commercial
stakeholder testing. The final phase would be pre-certification and
certification testing of the selected BRDs, consistent with the
requirements in 50 CFR 622.53(a)(2) and the Bycatch Reduction Device
Testing Manual (<a href="https://www.fisheries.noaa.gov/resource/document/bycatch-reduction-device-testing-manual-2016/">https://www.fisheries.noaa.gov/resource/document/bycatch-reduction-device-testing-manual-2016/</a>).
The purpose of the commercial stakeholder testing that would be
authorized under this EFP is to allow for stakeholder input on the
strengths and weaknesses of new BRD designs across a variety of species
and environmental conditions within the Gulf. This testing would also
aid in the acceptance of new BRDs by the commercial shrimping industry
when the most promising designs are later submitted for NMFS
certification.
Up to 30 federally-permitted commercial Gulf shrimp vessels would
be selected by the applicant to test gear that passed the proof-of-
concept testing. The location of proof-of-concept testing trial vessels
would be distributed across the Federal Gulf shrimp fishery and fishing
grounds throughout the Gulf in water depths of 10-50 fathoms (18-91 m).
During testing, vessels included in the EFP would be surveyed for
qualitative information about the new BRDs, and any other use
recommendations that are needed. Additional BRD information including
time and difficulty to install, longevity, ease of use (e.g., tangling
during deployment/retrieval and shark damage), bycatch and shrimp
retention characteristics, and overall cost would be collected by the
applicant to assist with promotion of new BRD designs for industry wide
usage.
Vessels in the project would be using experimental BRD designs on
trips of up to 30 days at sea. Trip duration and the total number of
tows with experimental BRD gear may vary based on underway conditions
and vessel business factors at the discretion of the vessel operator.
During a 30-day trip, approximately 90 tows with BRD-equipped shrimp
trawls are expected to occur. Tow times would be variable but would be
consistent during each trip. Typical tow time average 3 hours but may
vary from 1 to 5 hours. If all 30 vessels participate, and complete
each test tow, there is the potential for a maximum of 1,800 tows for
this phase of the project.
The EFP would be valid through December 31, 2024, commencing on the
date the EFP is issued. All BRD testing on federally permitted shrimp
vessels would occur during the course of normal Gulf shrimp fishing
operations and all of these operations would comply with all other
current Federal shrimp regulations such as closed areas and size
limits.
Experimental BRD Configurations
Under the EFP, six initial experimental BRD configurations could be
tested by the applicant and project vessels. Each type of experimental
BRD to be tested during the EFP is listed and summarized below.
Toms Fisheye
The Toms Fisheye BRD is a metal fisheye design with solid sides for
buoyancy that produces an escape area in the net to allow fish to swim
out. The device is installed further forward (approximately 11 ft (3
m)) than the standard Fisheye BRD and builds on an established design
created in Australia.
Large Mesh Sections
In the Large Mesh Sections BRD, areas of the otter trawl net that
are composed of 2 inch (5.1 cm) or larger mesh that is well above
minimum cod end dimensions and installed anywhere from 4 to 8 ft (1.2
to 2.4 m) from the trawl tie off rings. The large mesh provides
openings that make it easier for fish to escape the trawl net.
Nested Cylinder
The Nested Cylinder BRD includes an extended funnel with radial
openings and metal collar supporting radial mesh. This type of BRD is
installed directly behind the turtle excluder device (TED) on the
shrimp trawl. The funnel retains shrimp while allowing fish the
opportunity to swim back to the openings and escape.
Virgil Potter
The Virgil Potter BRD is also known as the ``Radial Escape Panel''.
It consists of a soft funnel design installed directly behind the TED
and shrimp are retained by the funnel while allowing fish the
opportunity to swim back to the openings and escape.
Flapless TED
The project would test two different flapless TED designs known as
the Chauvin TED and the Drury TED. These are both top-shooting TEDs
with PVC pieces placed ahead of TED extension at the leading edge of
the escape opening cut. These TEDs are designed to work as both a TED
and a BRD. However, neither TED configuration has been tested as a BRD.
The Chauvin TED is a top shooting TED that contains a ``Chauvin
shrimp deflector'', which is an allowable TED modification (50 CFR part
223.207(d)(8)). The Drury modification is not an allowable TED
modification. Therefore, if the Drury TED modification is tested under
this EFP, the applicant would need to obtain an additional TED testing
permit from NMFS prior to commencement of testing.
Composite Panel Variations
The Composite Panel BRD is a NMFS-certified design that includes
two soft panels with two sets of windows that allow fish to escape the
net in addition a secondary component of either a spooker cone or a
large mesh section installed further down the net. There is a potential
for differences in BRD characteristics when used with a top versus
bottom shooting TED. There is also potential for differences when
installed with the escape openings in a top orientation of the
composite panel as opposed to the current certified design that orients
the escape openings to the bottom.
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 Endangered
Species Act-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 Gulf of Mexico 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.
[[Page 52514]]
Dated: August 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-18460 Filed 8-25-22; 8:45 am]
BILLING CODE 3510-22-P
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