[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Notices]
[Pages 25535-25536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11455]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG989


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, 
Shrimp Fishery of the Gulf of Mexico; Exempted Fishing Permits

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 Dr. Glenn Parsons, University of Mississippi. 
If granted, the EFP would authorize the use of an experimental bycatch 
reduction device (BRD) in the shrimp trawl fishery in Federal waters of 
the Gulf of Mexico (Gulf). The project would seek feedback on industry 
acceptance of the experimental BRD and provide informal comparisons 
between the experimental BRD and currently certified BRDs during normal 
shrimp trawl fishing operations.

DATES: Written comments must be received on or before June 18, 2019.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2019-0052'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0052, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Frank Helies, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.

[[Page 25536]]

     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 
www.regulations.gov 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 may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/commercial-fishing/experimental-shrimp-trawl-bycatch-reduction-device.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The EFP is requested under the authority of 
the Magnuson-Stevens Fishery Conservation and Management 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 gear in Federal waters. Federal regulations require most 
shrimp vessels to use NMFS approved bycatch reduction devices (BRD) 
while shrimp trawling in Federal waters in the Gulf (50 CFR 622.53). 
The EFP would exempt seven vessels from the BRD requirement to allow 
the applicant to replace an existing approved BRD with the experimental 
BRD.
    The primary goal of the project is to solicit industry feedback on 
the Nested Cylinder BRD (NCBRD) to determine whether to seek 
certification by NMFS and market this new type of BRD to the shrimp 
industry. The NCBRD has been in development since 2015, with the 
research work funded through NMFS grant programs. The NCBRD exploits 
the natural tendency for fish to swim up current and to take refuge in 
reduced flow areas created by the device. The NCBRD is sewn into the 
trawl ``bag'' downstream of the turtle excluder device (TED). The NCBRD 
is constructed with a continuous flow-blocking collar made of 
galvanized steel or marine grade aluminum, which creates a region of 
reduced flow that attracts fish. This reduced flow area is adjacent to 
large mesh netting (11.5 cm square) that encircles the NCBRD to create 
escape openings and provides the opportunity for fish to exit the 
trawl. The webbing extension on the front of the NCBRD measures 120 
meshes in circumference, four meshes in length, where the mesh in place 
is 41 mm stretch mesh. A 40-inch (104-cm) long webbing ``funnel'' 
connects to the inner cylinder of the NCBRD and is 60 meshes in 
circumference, 26 meshes in length, and uses 41 mm stretch mesh. The 
funnel displaces all organisms downstream of the escape opening such 
that the fish must swim upstream into the flow ``shadow'' to exit the 
trawl. Two floats attached to the top of the device provide flotation 
to prevent scuffing of the gear on the ocean bottom.
    Since 2015, the NCBRD has been used on a variety of Gulf and South 
Atlantic commercial shrimp vessels contracted for research evaluation 
in Federal waters. Successful NMFS at-sea NCBRD certification trials 
were completed in December 2016, as prescribed in the BRD Testing 
Protocol Manual (81 FR 95056, December 27, 2016). Under this EFP, an 
existing certified BRD on seven Gulf shrimp vessels would be replaced 
with the NCBRD in one outboard net during normal fishing operations. 
This will allow for comparison between the different BRDs. The 
applicant intends to obtain opinions, comments, and suggestions from 
Gulf shrimpers that might encourage them to use the device. To ensure 
proper use of the NCBRD, the applicant would make site visits to each 
participant to demonstrate proper installation in the trawl and request 
shrimpers use the device for at least 30 trawls during normal fishing 
operations. All trawling would be conducted in the northern Gulf shrimp 
grounds offshore of Alabama, Louisiana, Mississippi, and Texas. Depths 
typically range from a few meters out to approximately 65 meters. Tow 
times would be no less than 1 hour in duration. All shrimp trawlers 
would still be required to comply with the TED regulations at 50 CFR 
223.206(d)(2).
    The applicant has requested the EFP be effective for one year from 
the date of issuance.
    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 activities within marine protected areas, marine 
sanctuaries, special management zones, or areas where they might 
interfere with managed fisheries without additional authorization. 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, 
Councils, and the U.S. Coast Guard, and a determination that the 
activities to be taken under the EFP are consistent with all applicable 
laws and regulations.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: May 28, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-11455 Filed 5-31-19; 8:45 am]
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