Notice2023-12289
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
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Published
June 8, 2023
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 contains all of the required information and warrants further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to fish outside fishery regulations in support of research conducted by the applicant. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative 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 88 Issue 110 (Thursday, June 8, 2023)</title>
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[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37514-37516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12289]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD076]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; 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
[[Page 37515]]
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 contains all
of the required information and warrants further consideration. The
Exempted Fishing Permit would allow commercial fishing vessels to fish
outside fishery regulations in support of research conducted by the
applicant. Regulations under the Magnuson-Stevens Fishery Conservation
and Management Act and the Atlantic Coastal Fisheries Cooperative
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 June 23, 2023.
ADDRESSES: You may submit written comments by the following method:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#335d5e55401d5452411d565543735d5c52521d545c45"><span class="__cf_email__" data-cfemail="224c4f44510c4543500c474452624c4d43430c454d54">[email protected]</span></a>. Include in the subject line
``MDMR 2023 Alternative Gear Retrieval EFP.''
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management
Specialist, <a href="/cdn-cgi/l/email-protection#99d5f8ecebf8b7ddfcf0fef1f8f7d9f7f6f8f8b7fef6ef"><span class="__cf_email__" data-cfemail="9ed2ffebecffb0dafbf7f9f6fff0def0f1ffffb0f9f1e8">[email protected]</span></a>, (978) 281-9184.
SUPPLEMENTARY INFORMATION: The Maine Department of Marine Resources
submitted a complete application for an Exempted Fishing Permit (EFP)
to conduct commercial fishing activities that the regulations would
otherwise restrict to test alternative gear retrieval systems that only
uses one traditional surface buoy. This EFP would exempt the
participating vessels from the gear marking requirements at 50 CFR
697.21(b)(2) to allow the use of trawls of more than three traps with
one surface marking and Sec. 648.84(b) to allow the use of gillnet
gear with one surface marking. The EFP would be valid from June 1,
2023, or the date it is issued, whichever is later, through September
30, 2024.
Alternative Gear Retrieval Trials
This EFP would allow 15 federally permitted vessels to test
alternative gears to reduce entanglement risk to protected species,
mainly the North Atlantic right whale, in trap/pot and sink gillnet
fisheries. Participating vessels would replace one traditional surface
marking with either a spring-tag or a timed-release retrieval system. A
spring-tag retrieval system uses a low breaking strength (<1700 lb
(771.11 kg)) buoy line that releases a stowed retrieval line of greater
breaking strength when subjected to tension (>75 lb (34.02 kg)). A
timed-release retrieval system releases a stowed line after a
programmed pre-set soak time. Vessels would be required to use one
traditional surface-marking on the other end of trap trawls of more
than three traps and on the other end of all gillnet gear.
Each vessel would modify two existing pieces of gear total, one
using a spring-tag on one end and a traditional endline on the other
and one using a timed-release on one end and a traditional endline on
the other, resulting in no additional vertical lines in the water.
Other than gear markings, all trap trawls and gillnet strings would be
consistent with the regulations of the management area where the vessel
is fishing and would be fished in accordance with the participating
vessels' standard operations (number and length of trips, soak times,
trap limits, etc.). The researchers anticipate 52 hauls of 26 modified
trap trawls (1,352 total hauls) in Lobster Management Areas 1 and 3 and
Maine state waters. Trap trawls would be consistent with Atlantic Large
Whale Take Reduction Plan (ALWTRP) regulations. Trawls would not exceed
50 traps per trawl and would soak for approximately 3 days (and not
more than 30 days). The researchers anticipate 52 hauls of 4 modified
gillnet strings (208 total hauls) in Statistical Areas 513, 514, 515,
and Maine state waters. Gillnets would be consistent with ALWTRP and
Harbor Porpoise Take Reduction Plan regulations. Gillnets would use 15-
30.5 cm (5.9-12 in) mesh, would not exceed 3,200 m (10,498.7 ft), and
would soak for a period of approximately 24 hours (and not more than 30
days).
The Department and the gear manufacturer will distribute gear and
train all participants on its use. Scientific observers may accompany
the participants on up to two trips per vessel, within budget and
safety limitations. The Department would provide standardized data
collection sheets to all participants, but individually-identifiable
data will only be made public with the express permission of the vessel
owner.
This project would test novel and emerging technologies, including
low-cost gear retrieval and sub-sea gear-marking systems, in fixed-gear
fisheries to evaluate their impacts on fishing activity and
entanglement risk to protected species, mainly the North Atlantic right
whale. The project objectives are to: (1) Assess changes to fishing
operations from the use of alternative retrieval systems under a
variety of oceanographic conditions over a full year; (2) compare the
time timed-release retrieval lines remain in the water column to that
of traditional persistent buoy lines; (3) identify fishing areas that
may be best suited for these alternative retrieval systems; (4) assess
changes to fishing operations from the use of alternative gear-marking
systems; and, (5) compare data on multiple sub-sea gear-location
systems with other methods of ranging gear locations (e.g. surface buoy
or digital chart marker).
The Department has proposed the following best management and risk
reduction practices:
<bullet> Experimental buoy lines will be marked with unique white
and blue markings above the experimental timed and spring-tagline
retrieval systems, in addition to and above the required regional
markings;
<bullet> All vessels would provide mandatory, weekly gear loss
reports;
<bullet> All vessels would report all right whale sightings to NMFS
via <a href="/cdn-cgi/l/email-protection#afc1ca81ddd881dcdaddd9cad6efc1c0cece81c8c0d9"><span class="__cf_email__" data-cfemail="c2aca7ecb0b5ecb1b7b0b4a7bb82acada3a3eca5adb4">[email protected]</span></a> or NOAA (866-755-6622) or the U.S. Coast
Guard (Channel 16);
<bullet> All vessels would adhere to a 10-knot speed limit when
transiting dynamic management areas, transiting areas closed to
vertical lines, and/or when whales are observed;
<bullet> All vessels would adhere to current approach regulations
that create a 500-yard (457.2-meter or 1,500-foot) buffer zone in the
presence of a surfacing right whale and would depart immediately at a
safe and slow speed. Hauling any gear would immediately cease (by
removal) to accommodate the regulation and be reinitiated only after it
was reasonable to assume the whale left the area;
<bullet> Law enforcement would be able to inspect gear at any time
because one traditional surface-marking will be present at all times.
The PI would notify law enforcement agencies of project participants
and activities in advance of the project start date, including:
[cir] Materials related to the redeployment of alternative
retrieval gear systems, most relevant to the spring-tagline retrieval
system, as the timed-release system can be redeployed without
intervention;
[cir] Information necessary to continue relevant enforcement
operations with participant gear.
If approved, the applicant may request minor modifications and
extensions to the EFP throughout the year. EFP modifications and
extensions may be granted without further notice if they are deemed
essential to facilitate the completion of the proposed research and
have minimal impacts that do not change the scope or impact of the
initially approved EFP request. Any
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fishing activity conducted outside the scope of the exempted fishing
activity would be prohibited.
All comments received are a part of the public record and will
generally be posted for public viewing at <a href="https://www.noaa.gov/organization/information-technology/foia-reading-room">https://www.noaa.gov/organization/information-technology/foia-reading-room</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 ``anonymous'' as the signature if
you wish to remain anonymous).
Authority: 16 U.S.C. 1801 et seq.
Dated: June 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-12289 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-22-P
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