Notice2024-05262
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
March 13, 2024
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 federally permitted fishing vessels to fish outside fishery regulations in support of exempted fishing activities proposed by the Maine Department of Marine Resources. 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 (EFP).
Full Text
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<title>Federal Register, Volume 89 Issue 50 (Wednesday, March 13, 2024)</title>
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[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18395-18397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05262]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD786]
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
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 federally permitted fishing vessels
to fish outside fishery regulations in support of exempted fishing
activities proposed by the Maine Department of Marine Resources.
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 (EFP).
DATES: Comments must be received on or before March 28, 2024.
ADDRESSES: You may submit written comments by the following method:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#a7c9cac1d489c0c6d589c2c1d7e7c9c8c6c689c0c8d1"><span class="__cf_email__" data-cfemail="fa94979c89d49d9b88d49f9c8aba94959b9bd49d958c">[email protected]</span></a>. Include in the subject line
``MDMR 2024 On-demand EFP''
All comments received are a part of the public record and will
generally be posted for public viewing in <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).
FOR FURTHER INFORMATION CONTACT: Christine Ford, Fishery Management
Specialist, <a href="/cdn-cgi/l/email-protection#bcffd4ced5cfc8d5d2d992fad3ced8fcd2d3dddd92dbd3ca"><span class="__cf_email__" data-cfemail="e7a48f958e94938e8982c9a1889583a789888686c9808891">[email protected]</span></a>, (978) 281-9185.
SUPPLEMENTARY INFORMATION: The Maine Department of Marine Resources
(MDMR) submitted a complete application for an EFP to conduct
commercial fishing activities that the regulations would otherwise
restrict to test alternative gear retrieval systems that only use one
traditional surface buoy. This EFP would exempt the participating
vessels from the following Federal regulations:
Table 1--Requested Exemptions
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CFR citation Regulation Need for exemption
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50 CFR 697.21(b)(2)........... Gear marking For trial of trap/pot
requirements. gear with no more
than one surface
marking on trawls of
more than three
traps.
50 CFR 648.84(b).............. Gear marking For trial of gillnet
requirements. gear with no more
than one surface
marking.
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Table 2--Project Summary
------------------------------------------------------------------------
------------------------------------------------------------------------
Project title..................... Testing various acoustic on-demand
fishing technologies that help
minimize the risk of large whale
entanglements in trap/pot and
gillnet fishing gear in the Gulf of
Maine.
Project Start..................... Upon Issuance.
Project End....................... One year from the date of issuance.
Project objectives................ Provide access, training, and
support to fishers in the Gulf of
Maine to test acoustic on-demand
fishing and gear geolocation
technology. Data collected will
help provide feedback to
manufacturers to adapt to the
specific needs of Maine fishers
involved in fixed gear fleets. This
work is important to reduce the
risk associated with vertical lines
to the endangered North Atlantic
right whale in the Gulf of Maine.
Project location.................. Trap/pot: Lobster Management Area 1
and all Maine Lobster Conservation
Zones (A, B, C, D, E, F, G).
Gillnet: Statistical Areas 513, 514,
515.
Number of vessels................. 50 (up to 45 trap/pot; up to 5
gillnet).
[[Page 18396]]
Number of trips, trip duration See project narrative.
(days), total number of days,
number of tows or sets, and
duration of tows or sets.
Gear type(s)...................... Trap/pot and anchored gillnet.
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Project Narrative
This EFP would allow 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. There are two components to this EFP, a gear library
component, which is an assortment of devices and technologies to
retrieve gear, and a gear geolocation component.
For the gear library component, participating vessels would replace
one traditional surface marking with a spring-tag or timed-release
retrieval system, a buoy and stowed-rope system, or a lift-bag system.
A spring-tag retrieval system uses a low breaking strength (<1,700
pounds (lb) (<771 kilograms (kg))) buoy line that releases a stowed
retrieval line of greater breaking strength when subjected to tension
(>75 lb (>34 kg)). A timed-release retrieval system releases a stowed
line after a programmed pre-set soak time. A buoy and stowed-rope
system or a lift-bag system uses an acoustic trigger sent from the
vessel to release the retrieval system, once the vessel is in close
proximity to the gear. Each vessel would modify two trawls or strings
by replacing one of the traditional vertical lines with one of the
available on-demand retrieval systems, resulting in no additional
vertical lines in the water. Vessels would be required to use one
traditional surface marking on the other end of trap trawls of more
than three traps and on all gillnet gear. For trap trawls of fewer than
three traps, vessels would still use one traditional surface marking,
in addition to the on-demand retrieval system; therefore, there would
be no fully ropeless trawls. 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 (i.e.,
number and length of trips, soak times, trap limits, etc.).
The gear geolocation component of this project will include a
subset (up to 10) of the trap/pot vessels participating in the gear
library component. Vessels would use acoustic positioning systems from
any of the five available manufacturers (Teledyne Benthos, Ropeless
Systems, Ashored, Nova Robotics, and Advanced Navigation), and would
modify up to three trawls by replacing one of the traditional vertical
lines with either a buoy and stowed-rope system or a lift-bag system to
communicate with the acoustic positioning systems. The trawls would be
set at different distances apart, within a density slightly greater
than common gear densities, allowed to soak no longer than one hour
each, and then be retrieved in rapid succession. The focus of this
component would be testing the acoustic positioning systems to
determine the extent of difference between acoustic geolocation and
surface buoy or surface GPS geolocation, as well as testing the
performance of the different acoustic positioning systems in an
environment where multiple acoustic signals are being transmitted
simultaneously. Up to 10 discrete single-day gear geolocation trials
would be conducted within the fishing year. These trials would increase
trap/pot effort via short soaks and high rate of retrieval. However,
catch per unit effort would be reduced. Any legal catch would be kept
for sale.
MDMR researchers anticipate up to 5,200 total hauls of hybrid trap/
pot trawls or gillnet strings for the gear library component, and up to
an additional 150 retrievals of hybrid trap/pot trawls for the gear
geolocation component. Trap trawls would be consistent with Atlantic
Large Whale Take Reduction Plan (ALWTRP) regulations. Trawls would not
exceed 50 traps per trawl and the gear library component trawls would
soak for approximately 3 days (and not more than 30 days). Gillnets
would be consistent with ALWTRP and Harbor Porpoise Take Reduction Plan
(HPTRP) regulations. Gillnets would use 15-30.5 centimeters (cm) mesh,
would not exceed 3,200 meters (m), and would soak for a period of
approximately 24 hours (and not more than 30 days).
To ensure broad participation and target areas where data is
needed, MDMR has requested the flexibility to modify the participant
vessel list and would submit modifications to the active participants
list one month in advance. MDMR and the gear manufacturers 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. MDMR 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. Additionally, MDMR has requested an EFP
Interactive Voice Response (IVR) reporting waiver for those trap/pot
vessels not typically subject to IVR reporting; the applicant states
that this requirement is a barrier to fishermen recruitment to this
project, and is duplicative of the required eVTR reporting.
The project objectives are to: (1) Collect data on deployments and
retrievals of various acoustic on-demand fishing gears within the trap/
pot and gillnet fisheries in the Gulf of Maine; (2) provide support and
training to fishers on various on-demand technologies; (3) assess
fishing areas that may be best suited for adopting the tested retrieval
systems; (4) increase familiarity within the trap/pot and gillnet
fisheries with on-demand gear; (5) provide feedback to on-demand
fishing gear manufacturers to increase performance under commercial
fishery conditions; (6) trial gear geolocation and marking systems that
promote interoperability for fishers and management; and (7) compare
the relative precision of various gear geolocation technologies to
improve understanding of how transitioning to acoustic technologies may
impact fishing behavior.
MDMR has proposed the following best management and risk reduction
practices:
<bullet> Experimental buoy lines would be marked with unique white
and blue markings above the required regional markings;
<bullet> All vessels would provide mandatory, weekly gear loss and
conflict reports to the Principal Investigator (PI), and the PI would
provide monthly gear loss and conflict reports to the NOAA Greater
Atlantic Regional Fisheries Office;
<bullet> After release, the on-demand vertical lines would be
retrieved as quickly as possible to minimize time in the water column;
<bullet> All vessels would record right whale sightings on data
sheets, and would notify NMFS via email
[[Page 18397]]
(<a href="/cdn-cgi/l/email-protection#5739327925207924222521322e173938363679303821"><span class="__cf_email__" data-cfemail="96f8f3b8e4e1b8e5e3e4e0f3efd6f8f9f7f7b8f1f9e0">[email protected]</span></a>), or NOAA via phone (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 (1,500-feet (ft)) buffer zone in the presence of
a surfacing right whale and would depart immediately at a safe and slow
speed. Hauling any fishing gear would cease once the entire string or
trawl was aboard the vessel, to accommodate the regulation, and be
redeployed only after it was reasonable to assume the whale left the
area; and
<bullet> Law enforcement would be able to inspect gear at any time
because one traditional surface-marking would be present at all times.
The PI would notify law enforcement agencies (NOAA Office of Law
Enforcement (OLE) and Maine Marine Patrol) of project participants and
activities in advance of the project start date, including:
[cir] Materials related to the redeployment of alternative gear-
retrieval systems, most relevant to the spring-tagline retrieval
system; and
[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 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 7, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-05262 Filed 3-12-24; 8:45 am]
BILLING CODE 3510-22-P
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