Notice2024-16569
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
July 29, 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 (EFP) application contains all of the required information and warrants further consideration. The EFP would allow federally permitted fishing vessels to fish outside fishery regulations in support of exempted fishing activities proposed by Blue Planet Strategies. 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 EFPs.
Full Text
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<title>Federal Register, Volume 89 Issue 145 (Monday, July 29, 2024)</title>
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[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60879-60881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16569]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE131]
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 (EFP) application
contains all of the required information and warrants further
consideration. The EFP would allow federally permitted fishing vessels
to fish outside fishery regulations in support of exempted fishing
activities proposed by Blue Planet Strategies. 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 EFPs.
DATES: Comments must be received on or before August 13, 2024.
ADDRESSES: You may submit written comments by the following method:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#4b25262d38652c2a39652e2d3b0b25242a2a652c243d"><span class="__cf_email__" data-cfemail="cea0a3a8bde0a9afbce0aba8be8ea0a1afafe0a9a1b8">[email protected]</span></a>. Include in the subject line
``Blue Planet Strategies 2024 On-Demand EFP.''
FOR FURTHER INFORMATION CONTACT: Christine Ford, Fishery Management
Specialist, <a href="/cdn-cgi/l/email-protection#7a39120813090e13141f543c15081e3a14151b1b541d150c"><span class="__cf_email__" data-cfemail="084b607a617b7c61666d264e677a6c4866676969266f677e">[email protected]</span></a>, (978) 281-9185.
SUPPLEMENTARY INFORMATION: Blue Planet Strategies submitted a complete
application for an EFP to conduct commercial fishing activities that
the regulations would otherwise restrict. This EFP would exempt the
participating vessels from the following Federal regulations:
Table 1--Requested Exemptions
------------------------------------------------------------------------
CFR citation Regulation Need for exemption
------------------------------------------------------------------------
50 CFR 697.21(b)(2)........... Gear marking For trial of lobster
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.
------------------------------------------------------------------------
Table 2--Project Summary
------------------------------------------------------------------------
------------------------------------------------------------------------
Project title................ Testing Technologies for Sub-Surface Gear
Marking and Buoyless/On-Demand Trap/Pot
and Gillnet Fishing Gear and Data
Collection Packages to Help Reduce
Entanglement Risk.
Project start................ Upon issuance.
Project end.................. 12/31/2025.
Project objectives........... To test sub-surface gear marking, on-
demand gear, and smart buoy technologies
in trap/pot and sink gillnet fisheries.
Project location............. Trap/pot: Lobster Management Areas 1 and
3. Gillnet: Statistical Areas 521, 538,
and Georges Bank Regulated Mesh Area.
Number of vessels............ Trap/pot: 16; gillnet: 4.
Number of trips.............. Trap/pot: 780; gillnet: 104.
Trip duration (days)......... 1.
Total number of days......... Trap/pot: 780; gillnet: 104.
Gear type(s)................. Trap/pot, gillnet.
Number of tows or sets....... Trap/pot: 1,560 total; gillnet: 208
total.
Duration of tows or sets..... Trap/pot: 2-4 days; gillnet: 6-8 hours.
------------------------------------------------------------------------
Project Narrative
This project is a continuation of a project that is trialing on-
demand fishing systems and sub-surface gear marking technologies aimed
at reducing entanglement risk to protected species, mainly the North
Atlantic right whale, in trap/pot and sink gillnet fisheries. The
previous EFP allowed up to 16 trap/pot and 4 gillnet vessels to replace
up to 4 of their existing trap trawls or gillnet strings with modified
gear that replaces 1 or both vertical lines with acoustic on-demand
systems and other alternatives to static buoy lines, including
grappling. The previous EFP also allowed up to 12 trap/pot vessels to
trial fully on-demand gear in the Atlantic Large Whale Take Reduction
Plan (ALWTRP) Restricted Areas.
This EFP would support three current projects, funded through the
Saltonstall-Kennedy Program, the Bycatch Reduction Engineering Program
(BREP; in collaboration with the Northeast Fisheries Science Center
(NEFSC)), and the Atlantic States Marine Fisheries
[[Page 60880]]
Commission (in collaboration with the NEFSC). The objectives include
testing the efficacy of acoustic release devices and other alternatives
to static vertical buoy lines in both trap/pot and sink gillnet
fisheries; testing and comparing two subsea acoustic marking systems to
relocate gear and notify other fishermen to the presence of gear in the
absence of surface markings; testing hull-mounted transducers; testing
smart buoy technology that signals gear location and movement; and
testing the viability of integrating SmartRafts that monitor for whale
presence and changing ocean conditions into on-demand gear.
Initially, the researchers would work with 2-4 lobster vessels and
2-3 gillnet vessels, and would expand to the full number of vessels (16
and 4, respectively) in 2025, as additional funding and gear become
available. While effort would occur year-round, the researchers
anticipate the majority of effort would occur from July through October
and fewer than 20 vessels would use on-demand gear at any given time.
For trap/pot gear trials, participants fish between 3 and 50 traps
per trawl, in depths ranging from 15 to 122 meters ((m); 50 to 400 feet
(ft)). They would modify up to two of their existing trawls to use on-
demand devices with either one or no buoy lines. Trials may include the
three main acoustic-release devices currently available--lift-bag
systems (e.g., SMELTS), buoy and stowed-rope systems (e.g., EdgeTech),
and spooled rope systems (e.g., Fiobuoy)--or alternatives, such as
grappling. Participants would deploy on-demand trap/pot gear in Lobster
Management Area (LMA) 1 and, to a lesser extent, LMA 3, and would
target areas that are not as heavily fished by mobile fleets to reduce
the risk of gear conflicts.
This EFP would also allow up to 12 trap/pot vessels to trial fully
on-demand gear in the ALWTRP Restricted Areas by modifying up to 4 of
their existing trawls to use acoustic on-demand devices, for a maximum
of 48 trawls in the Restricted Areas. These vessels would fish in the
Restricted Areas in addition to, but in coordination with, the vessels
authorized under the NEFSC on-demand EFP. Under this EFP, grappling
would not be allowed in the ALWTRP Restricted Areas.
For gillnet trials, participants fish a maximum of 21 nets of 91 m
(300 ft) or less. They would modify up to 2 of their existing gillnet
strings to use on-demand devices with either one or no buoy lines.
Currently, gillnet vessels are only testing lift-bag systems, but would
also test buoy and stowed-rope systems. Gillnet participants would
deploy gear in Statistical Areas 521 and 538, which are in the Georges
Bank Regulated Mesh Area.
Some units would be outfitted with EdgeTech acoustic marking
technology, acoustic triggers, and software. Other units would be
outfitted with Teledyne undersea modem marking technology, acoustic
triggers, and software. All units would include smart buoys on each
anchoring unit, outfitted with GPS for data collection and lost gear
retrieval. Beginning in the Fall of 2024, two units fished by lobster
fishermen will be outfitted with a scientific data collection package
added to the ropeless gear raft, turning it into a ``SmartRaft''.
Instruments will collect acoustic data for whale detection (passive
acoustic monitors) and environmental data.
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. This permit would exempt participating vessels from
the specified Federal regulations in Federal waters only. The applicant
would be responsible for obtaining any necessary state authorizations.
This EFP would not exempt the vessels from any requirements imposed by
any state, the Endangered Species Act (ESA), the Marine Mammal
Protection Act (MMPA), or any other applicable laws.
Blue Planet Strategies and engineering teams representing the
respective prototype would oversee initial deployments of on-demand
gear. Researchers and participants may use a GoPro System, or other
recording device, on deck or beneath the surface to record the success
and/or failures of some or all of the retrievals for review and
analysis. Participants would record data on standardized data
collection sheets (specific to the relevant sub-project). Blue Planet
Strategies would implement the same conditions and requirements as
those included in their most recent EFP to minimize the chance of
causing injury to right whales and mitigate the risk of gear conflicts,
as well as minimize the risk of harm to fishermen and researchers,
including:
<bullet> All vessels would report all right whale sightings to NMFS
via <a href="/cdn-cgi/l/email-protection#8be5eea5f9fca5f8fef9fdeef2cbe5e4eaeaa5ece4fd"><span class="__cf_email__" data-cfemail="9ff1fab1ede8b1eceaede9fae6dff1f0fefeb1f8f0e9">[email protected]</span></a> or NOAA (866-755-6622) or the U.S. Coast
Guard (Channel 16);
<bullet> All vessels would provide mandatory, weekly gear loss
reports to Blue Planet Strategies; Blue Planet Strategies would provide
monthly updates on any gear loss or gear conflicts to the Sustainable
Fisheries Division at the Greater Atlantic Region Fisheries Office and
summarize all instances of gear conflicts/gear loss in the final
report;
<bullet> All vessels would retrieve ondemand vertical lines as
quickly as possible to minimize time in the water column;
<bullet> All vessels would adhere to current approach regulations--
a 500-yard (457-m; 1,500-ft) buffer zone created by a surfacing right
whale--and must depart immediately at a safe and slow speed, in
accordance with current regulations. Hauling gear would cease (by
removal) to accommodate the regulation and be reinitiated only after it
is reasonable to assume the whale has left the area;
<bullet> Vessels would operate within a 10-knot speed limit when
transiting Restricted Areas or when whales are observed;
<bullet> All vessels would use smart-buoy technology to provide
alerts to the fishermen and the research staff within 2 hours of an
unplanned release of a stowed line;
<bullet> All vessels would use the Trap Tracker or an equivalent
application to record positioning details, which would be available to
Federal, State, and corresponding enforcement personnel, as well as
other fishermen;
<bullet> When fishing on-demand trap/pot or gillnet gear without
any traditional surface markings, on-demand vertical lines would be
marked with unique yellow/black/orange marks above the regional
markings, in addition to ALWTRP and Harbor Porpoise Take Reduction Plan
regulations (per agreement with the NMFS Atlantic Large Whale Take
Reduction Team and Harbor Porpoise Take Reduction Team Coordinator);
<bullet> Vessels fishing in ALWTRP Restricted Areas would check
real-time right whale sighting information (such as Right Whale
Sightings Advisories and Whale ALERT) before setting any gear and avoid
areas of high right whale abundance, and all vessels would be
recommended to follow this process when setting gear outside the ALWTRP
Restricted Areas;
<bullet> The principal investigators would update the appropriate
regional and state management partners on a regular basis to the level
necessary to avoid miscommunication and maintain effective working
relationships;
<bullet> The principal investigators will proactively communicate
the approximate location and intensity of EFP fishing with mobile and
fixed gear fleets, with a particular focus on the Restricted Areas.
Communications will be tailored to each region and port and may include
methods such as in-person meetings with fishermen in ports in advance
of research activities to discuss
[[Page 60881]]
gear locations, email or text contact with fishing vessels identified
by the Vessel Monitoring System as fishing in the research area, Coast
Guard notices to mariners, and any other methods to reduce the risk of
potential gear conflicts. The principal investigators will make
information-sharing decisions while protecting participant
confidentiality and managing the risk of negative repercussions to
participants; and
<bullet> A copy of the final report would be provided to NMFS
within 6 months of the expiration of the EFP.
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.
All comments received are a part of the public record and may be
posted for public viewing 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: July 23, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-16569 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-22-P
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