[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15410-15411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05765]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB886]


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 from Pioneers 
for a Thoughtful Coexistence, Inc. contains all the required 
information and warrants further consideration. Regulations under the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Atlantic Coastal Fisheries Cooperative Management Act require 
publication of this notice to provide interested parties the 
opportunity to comment on applications for proposed Exempted Fishing 
Permits.

DATES: Comments must be received on or before April 4, 2022.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include in the subject line 
``Comments on Pioneers Ropeless Fishing EFP.'' If you are unable to 
submit comments via the above email, please contact Laura Hansen at 
(978) 281-9225, or email at [email protected].

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225.

SUPPLEMENTARY INFORMATION: Pioneers for a Thoughtful Coexistence Inc. 
(Pionners), in collaboration with the Northeaster Fisheries Science 
Center (NEFSC) submitted a complete application for an Exempted Fishing 
Permit (EFP) on December 20, 2021, to conduct a ropeless lobster gear 
testing project. Pioneers is requesting an exemption from Federal 
lobster regulations that would authorize three federally permitted 
commercial lobster vessels to participate in a ropeless lobster gear 
study in the Massachusetts Bay Restricted Area (MBRA). Pioneers is 
requesting an exemption from gear marking requirements at 50 CFR 
697.21(b)(2) to allow for the use of no surface markers on a trawl of 
more than three traps.
    The purpose of this study is to test real-world use of acoustic-
release systems that would reduce the risk of entangling protected 
species, including the North Atlantic right whale.
    The EFP would authorize three federally permitted lobster vessels 
to modify some of their existing trawls to use ``on-demand access'' 
technology for the retrieval of the gear. Each vessel would use 10 sets 
of acoustic releases and equipment to fish 10, 20-pot trawls each. 
Experimental trawls would either have a rope spool, a buoy and stowed 
rope system, or a lift bag system fitted with an acoustic release, 
deployed on one end of the trawl. One vessel would have 5 of the 10 
trawls fixed with acoustic releases on both ends of the trawl. Two 
state-permitted vessels would also participate in the study exclusively 
in state waters of the MBRA, and do not require Federal EFPs. 
Participating vessels would be testing gear in discrete areas in the 
MBRA that were selected by the applicant based on their claim of 
limited historical right whale usage, desired bottom composition, 
minimal gear conflict

[[Page 15411]]

exposure, and history of viable fishing grounds. NEFSC and project 
participants have been working to develop and test ropeless gear 
technology since 2019. To date, there have been no premature releases 
of the gear. Smart Buoy technology would be used to send an automated 
electronic notification to an email list within approximately 20 
minutes of surfacing in the event of an unintended release. The mail 
list includes the Principal Investigator, Lori Caron, and Eric Matzen, 
NEFSC, who would immediately notify enforcement and any on-the-water 
marine patrol, research, and/or rescue efforts. Positioning will be 
tracked in real time and recovery would occur as soon as possible. The 
gear would be transported ashore for assessment. For a map of the areas 
where sampling would occur, please see Figure 1.
    Soak time would be no longer than 14 days, gear retrieval would be 
limited to daylight hours, and gear would not be set or retrieved when 
right whales are in close proximity, to further minimize any potential 
interactions with right whales. Sampling would occur from the date the 
permit is issued, through the end of the closure on April 30, 2022. 
Pioneers estimated that there would be approximately 117 hauls of the 
ropeless gear. Data would be collected with data sheets developed by 
the NEFSC to ensure consistency among and between different ropeless 
fishing projects. This project would also collect whale sighting data. 
NEFSC staff would assist with data recording, when available. The 
outcome of this project would be to inform discussions on the utility 
of ropeless gear to allow potential fishing access to vertical line 
closure areas.
[GRAPHIC] [TIFF OMITTED] TN18MR22.037

    Participants would adhere to additional precautions to mitigate 
concerns regarding enforcement, gear identification and retrieval, and 
protected species interactions including:
     Unique marking of ground lines and on-demand vertical 
lines beyond the regional requirements and the on-demand vertical line 
would be supervised while in the water column at all times;
     Unique flag would be flown by participating vessels for 
enforcement recognition;
     Weekly mandatory gear loss and gear conflict reporting;
     Stored vertical lines would be enhanced with weak links 
every 40 feet and are designed to break at less than 1700 lb (771 kg);
     Participating vessels would operate at a 10-knot (18.5 
kph) speed limit and, if within a 500 yard (457.2 m) buffer zone of a 
surfacing right whale, would immediately depart the area at a safe, 
slow speed;
     Weekly communication with Massachusetts Division of Marine 
Fisheries and NEFSC on project activities; and,
     Use of the Trap Tracker application for retrieval and set 
positioning of trawls. This information would be accessible to Federal, 
state, and corresponding enforcement personnel, as requested.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. We may grant EFP 
modifications and extensions 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. The EFP would prohibit any fishing activity 
conducted outside the scope of the exempted fishing activities.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 15, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-05765 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-22-P