Notice2025-08619

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

Primary source

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Published
May 15, 2025

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 New England Marine Monitoring. 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 90 Issue 93 (Thursday, May 15, 2025)</title>
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[Federal Register Volume 90, Number 93 (Thursday, May 15, 2025)]
[Notices]
[Pages 20625-20626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08619]



[[Page 20625]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE905]


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 New England Marine Monitoring. 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 May 30, 2025.

ADDRESSES: You may submit written comments by email at 
<a href="/cdn-cgi/l/email-protection#f19f9c9782df969083df949781b19f9e9090df969e87"><span class="__cf_email__" data-cfemail="fb95969d88d59c9a89d59e9d8bbb95949a9ad59c948d">[email&#160;protected]</span></a>, subject line ``NEMM On-demand EFP.''
    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).

FOR FURTHER INFORMATION CONTACT: Christine Ford, Fishery Management 
Specialist, <a href="/cdn-cgi/l/email-protection#197a716b706a6d70777c377f766b7d5977767878377e766f"><span class="__cf_email__" data-cfemail="dab9b2a8b3a9aeb3b4bff4bcb5a8be9ab4b5bbbbf4bdb5ac">[email&#160;protected]</span></a>, 978-281-9185.

SUPPLEMENTARY INFORMATION: New England Marine Monitoring (NEMM) 
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 trap/pot
                                 requirements.      gear with no more
                                                    than one surface
                                                    marking on trawls of
                                                    more than three
                                                    traps.
------------------------------------------------------------------------


                        Table 2--Project Summary
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project title................  Piloting Galvanic Timed Release Systems
                                to Reduce Entanglement Risks in the New
                                England Lobster Fishery.
Project start................  Upon Issuance.
Project end..................  4/30/2026.
Project objectives...........  To evaluate the operational feasibility
                                and conservation benefits of deploying
                                galvanic timed releases (GTRs) and Smart
                                Buoys as a strategy to reduce vertical
                                line entanglement risk in the lobster
                                fishery.
Project location.............  Lobster Management Area 1 and all Maine
                                Lobster Conservation Zones (A-G).
Number of vessels............  Up to 10.
Number of trips..............  330.
Trip duration (days).........  1-2.
Total number of days.........  Up to 660.
Gear type(s).................  Lobster traps.
Number of tows or sets.......  Up to 2 per trip.
Duration of tows or sets.....  Up to 5 days.
------------------------------------------------------------------------

Project Narrative

    This EFP would allow federally permitted vessels to conduct a 
research initiative aimed at reducing vertical line entanglement risks 
in the New England lobster trap/pot fishery. The project objectives are 
to: (1) Reduce vertical line entanglement risks to North Atlantic right 
whales while maintaining efficient fishing operations; (2) testing and 
validating galvanic timed release-based pop-up gear as a cost-effective 
alternative to acoustic release systems; (3) provide training to 
fishers in the use of pop-up lobster gear and geolocation technology; 
and (4) assess operational feasibility and performance of alternative 
retrieval systems under commercial fishing conditions.
    Participating vessels would replace one traditional surface marking 
system with a galvanic timed release (GTR) pop-up system with a Smart 
Buoy on the sea floor. GTR pop-up systems use metal GTR links 
calibrated to dissolve over preset intervals, releasing a stowed line 
after the preset soak time. Participants would use GTRs with 
dissolution intervals between 12-120 hours, allowing for flexible 
deployment strategies and trip durations. GTR performance would be 
evaluated across the release intervals to assess suitability for 
different deployment strategies. Smart Buoy data would be evaluated to 
assess buoy surface time, position, and location, as well as remote 
notice to the operator when a buoy surfaced. Each vessel would modify 
two trap trawls by replacing one of the traditional vertical lines with 
a GTR pop-up system and Smart Buoy, 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. For trap trawls of fewer than three traps, vessels would still 
use one traditional surface marking, in addition to the on-demand 
retrieval system; there would be no fully ropeless trawls. All 
traditional marking systems would also have a Smart Buoy at the surface 
to ensure tracking of the

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gear. Other than gear markings, all trap trawls 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.). Additionally, electronic monitoring systems, which 
include onboard cameras and global positioning system (GPS) tracking, 
will be installed on each participating vessel to document the setting 
and retrieval of all GTR-equipped trawls.
    NEMM researchers anticipate up to 660 total hauls of hybrid trawls. 
Trap trawls would be consistent with Atlantic Large Whale Take 
Reduction Plan regulations. Trawls would not exceed the maximum allowed 
traps per trawl for the management area they are being fished in, and 
would be fished for up to 5 days, depending on which preset GTR is 
used.
    NEMM has agreed to the following best management and risk-reduction 
practices:
    <bullet> Experimental buoy lines will be marked with unique white 
and blue markings above the required regional markings;
    <bullet> All vessels will provide mandatory, weekly gear loss and 
conflict reports to the Principal Investigator (PI), and the PI will 
provide monthly gear loss and conflict reports to us;
    <bullet> After release, the on-demand vertical lines will be 
retrieved as quickly as possible to minimize time in the water column;
    <bullet> All vessels will record right whale sightings on data 
sheets, and will notify NMFS via email (<a href="/cdn-cgi/l/email-protection#c8a6ade6babfe6bbbdbabeadb188a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="325c571c40451c41474044574b725c5d53531c555d44">[email&#160;protected]</span></a>), or NOAA 
via phone (866-755-6622), or the U.S. Coast Guard (Channel 16);
    <bullet> All vessels will adhere to a 10-knot (18.5 kilometers per 
hour) speed limit when transiting dynamic management areas, transiting 
areas closed to vertical lines, and/or when whales are observed;
    <bullet> All vessels will adhere to current approach regulations 
that create a 500-yard (457 meters (m)) buffer zone in the presence of 
a surfacing right whale and will depart immediately at a safe and slow 
speed. Hauling any fishing gear will cease once the entire string or 
trawl is aboard the vessel, to accommodate the regulation, and be 
redeployed only after it is reasonable to assume the whale left the 
area; and
    <bullet> Law enforcement will be able to inspect gear at any time 
because one traditional surface-marking will be present at all times. 
The PI will notify law enforcement agencies (NOAA Office of Law 
Enforcement 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; 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: May 12, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2025-08619 Filed 5-14-25; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on May 15, 2025.

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