[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52512-52514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18460]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC274]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Exempted Fishing Permit

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.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from Texas Sea Grant. If granted, the EFP would 
authorize the testing of new bycatch reduction device (BRD) designs in 
the commercial shrimp fishery in Federal waters of the Gulf of Mexico 
(Gulf). The Better BRDs for the Gulf Shrimp Fleet Project is a 
collaborative effort amongst Louisiana Sea Grant, Texas Sea Grant, NOAA 
Restoration Center, and NMFS to restore finfish populations impacted by 
the Deepwater Horizon oil spill (MC252) through the development and 
certification of new BRDs for the commercial shrimp industry throughout 
the Gulf.

DATES: Written comments must be received on or before September 12, 
2022.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2022-0089'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0089'' in the Search 
box. Click the ``Comment'' 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.
    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 and may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/commercial-fishing/better-bycatch-reduction-device-gulf-shrimp-fleet-project/.

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 (Magnuson-
Stevens 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 fishing gear (BRDs) in Federal waters. Federal regulations 
require shrimp vessels to use NMFS approved BRDs while trawling for 
Gulf shrimp in Federal waters in the Gulf (50 CFR 622.53(a)). The EFP 
would exempt these research activities from the regulations requiring 
the use of BRDs in Federal waters of the Gulf at 50 CFR 622.53(a), and 
would allow the applicant to replace an existing approved BRD with one 
of six experimental BRDs determined by the applicant. The specific EFP 
request is further described and summarized below.
    The Better BRDs for the Gulf Shrimp Fleet Project is a 
collaborative effort amongst Louisiana Sea Grant, Texas Sea Grant, NOAA 
Restoration Center, and NMFS to restore finfish populations injured by 
the Deepwater Horizon oil spill (MC252) through development and 
certification of new BRDs for the commercial shrimp industry throughout 
the Gulf. The project involves the testing of new BRD designs in the 
commercial shrimp fishery in Federal waters of the Gulf. The new BRD 
designs could demonstrate a greater reduction in bycatch over the 
federally certified Fisheye BRD, which may also lead to an overall 
increase in shrimp catch.
    This project would identify and develop new bycatch-reducing 
technology to minimize commercial shrimp trawl finfish discard 
mortality. Additionally, the project seeks to advance cost-effective 
solutions for the Gulf shrimp fleet that would maximize the adoption of 
improved BRDs.
    The project is separated into several phases. The first phase was 
conducted over the past year and included proof-of-concept testing of 
new BRD designs

[[Page 52513]]

by NMFS Gear Research Branch partners. This proof-of-concept testing 
included both dive and vessel testing aboard the research vessel 
Caretta. The dive testing was conducted off Panama City, Florida, and 
the vessel testing was conducted off Pascagoula, Mississippi. New BRD 
designs that showed the potential to be effective during proof-of-
concept testing will be accepted for further evaluation during the 
project's next phase.
    The next phase, covered by this EFP, would further evaluate the 
vetted BRDs through cost-effective solutions as part of commercial 
stakeholder testing. The final phase would be pre-certification and 
certification testing of the selected BRDs, consistent with the 
requirements in 50 CFR 622.53(a)(2) and the Bycatch Reduction Device 
Testing Manual (https://www.fisheries.noaa.gov/resource/document/bycatch-reduction-device-testing-manual-2016/).
    The purpose of the commercial stakeholder testing that would be 
authorized under this EFP is to allow for stakeholder input on the 
strengths and weaknesses of new BRD designs across a variety of species 
and environmental conditions within the Gulf. This testing would also 
aid in the acceptance of new BRDs by the commercial shrimping industry 
when the most promising designs are later submitted for NMFS 
certification.
    Up to 30 federally-permitted commercial Gulf shrimp vessels would 
be selected by the applicant to test gear that passed the proof-of-
concept testing. The location of proof-of-concept testing trial vessels 
would be distributed across the Federal Gulf shrimp fishery and fishing 
grounds throughout the Gulf in water depths of 10-50 fathoms (18-91 m). 
During testing, vessels included in the EFP would be surveyed for 
qualitative information about the new BRDs, and any other use 
recommendations that are needed. Additional BRD information including 
time and difficulty to install, longevity, ease of use (e.g., tangling 
during deployment/retrieval and shark damage), bycatch and shrimp 
retention characteristics, and overall cost would be collected by the 
applicant to assist with promotion of new BRD designs for industry wide 
usage.
    Vessels in the project would be using experimental BRD designs on 
trips of up to 30 days at sea. Trip duration and the total number of 
tows with experimental BRD gear may vary based on underway conditions 
and vessel business factors at the discretion of the vessel operator. 
During a 30-day trip, approximately 90 tows with BRD-equipped shrimp 
trawls are expected to occur. Tow times would be variable but would be 
consistent during each trip. Typical tow time average 3 hours but may 
vary from 1 to 5 hours. If all 30 vessels participate, and complete 
each test tow, there is the potential for a maximum of 1,800 tows for 
this phase of the project.
    The EFP would be valid through December 31, 2024, commencing on the 
date the EFP is issued. All BRD testing on federally permitted shrimp 
vessels would occur during the course of normal Gulf shrimp fishing 
operations and all of these operations would comply with all other 
current Federal shrimp regulations such as closed areas and size 
limits.

Experimental BRD Configurations

    Under the EFP, six initial experimental BRD configurations could be 
tested by the applicant and project vessels. Each type of experimental 
BRD to be tested during the EFP is listed and summarized below.

Toms Fisheye

    The Toms Fisheye BRD is a metal fisheye design with solid sides for 
buoyancy that produces an escape area in the net to allow fish to swim 
out. The device is installed further forward (approximately 11 ft (3 
m)) than the standard Fisheye BRD and builds on an established design 
created in Australia.

Large Mesh Sections

    In the Large Mesh Sections BRD, areas of the otter trawl net that 
are composed of 2 inch (5.1 cm) or larger mesh that is well above 
minimum cod end dimensions and installed anywhere from 4 to 8 ft (1.2 
to 2.4 m) from the trawl tie off rings. The large mesh provides 
openings that make it easier for fish to escape the trawl net.

Nested Cylinder

    The Nested Cylinder BRD includes an extended funnel with radial 
openings and metal collar supporting radial mesh. This type of BRD is 
installed directly behind the turtle excluder device (TED) on the 
shrimp trawl. The funnel retains shrimp while allowing fish the 
opportunity to swim back to the openings and escape.

Virgil Potter

    The Virgil Potter BRD is also known as the ``Radial Escape Panel''. 
It consists of a soft funnel design installed directly behind the TED 
and shrimp are retained by the funnel while allowing fish the 
opportunity to swim back to the openings and escape.

Flapless TED

    The project would test two different flapless TED designs known as 
the Chauvin TED and the Drury TED. These are both top-shooting TEDs 
with PVC pieces placed ahead of TED extension at the leading edge of 
the escape opening cut. These TEDs are designed to work as both a TED 
and a BRD. However, neither TED configuration has been tested as a BRD.
    The Chauvin TED is a top shooting TED that contains a ``Chauvin 
shrimp deflector'', which is an allowable TED modification (50 CFR part 
223.207(d)(8)). The Drury modification is not an allowable TED 
modification. Therefore, if the Drury TED modification is tested under 
this EFP, the applicant would need to obtain an additional TED testing 
permit from NMFS prior to commencement of testing.

Composite Panel Variations

    The Composite Panel BRD is a NMFS-certified design that includes 
two soft panels with two sets of windows that allow fish to escape the 
net in addition a secondary component of either a spooker cone or a 
large mesh section installed further down the net. There is a potential 
for differences in BRD characteristics when used with a top versus 
bottom shooting TED. There is also potential for differences when 
installed with the escape openings in a top orientation of the 
composite panel as opposed to the current certified design that orients 
the escape openings to the bottom.
    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 fishing gear testing within marine protected areas, marine 
sanctuaries, special management zones, or areas where they might 
interfere with managed fisheries without additional authorization. 
Additionally, NMFS may require special protections for Endangered 
Species Act-listed species and designated critical habitat, and may 
require particular gear markings. 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, the Gulf of Mexico Fishery Management 
Council, and the U.S. Coast Guard, and a determination that the 
activities to be taken under the EFP are consistent with all applicable 
laws.
    Authority: 16 U.S.C 1801 et seq.


[[Page 52514]]


    Dated: August 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-18460 Filed 8-25-22; 8:45 am]
BILLING CODE 3510-22-P