[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37514-37516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD076]


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

[[Page 37515]]

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 contains all 
of the required information and warrants further consideration. The 
Exempted Fishing Permit would allow commercial fishing vessels to fish 
outside fishery regulations in support of research conducted by the 
applicant. 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 Exempted Fishing Permits.

DATES: Comments must be received on or before June 23, 2023.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``MDMR 2023 Alternative Gear Retrieval EFP.''

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, [email protected], (978) 281-9184.

SUPPLEMENTARY INFORMATION: The Maine Department of Marine Resources 
submitted a complete application for an Exempted Fishing Permit (EFP) 
to conduct commercial fishing activities that the regulations would 
otherwise restrict to test alternative gear retrieval systems that only 
uses one traditional surface buoy. This EFP would exempt the 
participating vessels from the gear marking requirements at 50 CFR 
697.21(b)(2) to allow the use of trawls of more than three traps with 
one surface marking and Sec.  648.84(b) to allow the use of gillnet 
gear with one surface marking. The EFP would be valid from June 1, 
2023, or the date it is issued, whichever is later, through September 
30, 2024.

Alternative Gear Retrieval Trials

    This EFP would allow 15 federally permitted vessels to test 
alternative gears to reduce entanglement risk to protected species, 
mainly the North Atlantic right whale, in trap/pot and sink gillnet 
fisheries. Participating vessels would replace one traditional surface 
marking with either a spring-tag or a timed-release retrieval system. A 
spring-tag retrieval system uses a low breaking strength (<1700 lb 
(771.11 kg)) buoy line that releases a stowed retrieval line of greater 
breaking strength when subjected to tension (>75 lb (34.02 kg)). A 
timed-release retrieval system releases a stowed line after a 
programmed pre-set soak time. Vessels would be required to use one 
traditional surface-marking on the other end of trap trawls of more 
than three traps and on the other end of all gillnet gear.
    Each vessel would modify two existing pieces of gear total, one 
using a spring-tag on one end and a traditional endline on the other 
and one using a timed-release on one end and a traditional endline on 
the other, resulting in no additional vertical lines in the water. 
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 and would be fished in accordance with the participating 
vessels' standard operations (number and length of trips, soak times, 
trap limits, etc.). The researchers anticipate 52 hauls of 26 modified 
trap trawls (1,352 total hauls) in Lobster Management Areas 1 and 3 and 
Maine state waters. Trap trawls would be consistent with Atlantic Large 
Whale Take Reduction Plan (ALWTRP) regulations. Trawls would not exceed 
50 traps per trawl and would soak for approximately 3 days (and not 
more than 30 days). The researchers anticipate 52 hauls of 4 modified 
gillnet strings (208 total hauls) in Statistical Areas 513, 514, 515, 
and Maine state waters. Gillnets would be consistent with ALWTRP and 
Harbor Porpoise Take Reduction Plan regulations. Gillnets would use 15-
30.5 cm (5.9-12 in) mesh, would not exceed 3,200 m (10,498.7 ft), and 
would soak for a period of approximately 24 hours (and not more than 30 
days).
    The Department and the gear manufacturer will distribute gear and 
train all participants on its use. Scientific observers may accompany 
the participants on up to two trips per vessel, within budget and 
safety limitations. The Department would provide standardized data 
collection sheets to all participants, but individually-identifiable 
data will only be made public with the express permission of the vessel 
owner.
    This project would test novel and emerging technologies, including 
low-cost gear retrieval and sub-sea gear-marking systems, in fixed-gear 
fisheries to evaluate their impacts on fishing activity and 
entanglement risk to protected species, mainly the North Atlantic right 
whale. The project objectives are to: (1) Assess changes to fishing 
operations from the use of alternative retrieval systems under a 
variety of oceanographic conditions over a full year; (2) compare the 
time timed-release retrieval lines remain in the water column to that 
of traditional persistent buoy lines; (3) identify fishing areas that 
may be best suited for these alternative retrieval systems; (4) assess 
changes to fishing operations from the use of alternative gear-marking 
systems; and, (5) compare data on multiple sub-sea gear-location 
systems with other methods of ranging gear locations (e.g. surface buoy 
or digital chart marker).
    The Department has proposed the following best management and risk 
reduction practices:
     Experimental buoy lines will be marked with unique white 
and blue markings above the experimental timed and spring-tagline 
retrieval systems, in addition to and above the required regional 
markings;
     All vessels would provide mandatory, weekly gear loss 
reports;
     All vessels would report all right whale sightings to NMFS 
via [email protected] or NOAA (866-755-6622) or the U.S. Coast 
Guard (Channel 16);
     All vessels would adhere to a 10-knot speed limit when 
transiting dynamic management areas, transiting areas closed to 
vertical lines, and/or when whales are observed;
     All vessels would adhere to current approach regulations 
that create a 500-yard (457.2-meter or 1,500-foot) buffer zone in the 
presence of a surfacing right whale and would depart immediately at a 
safe and slow speed. Hauling any gear would immediately cease (by 
removal) to accommodate the regulation and be reinitiated only after it 
was reasonable to assume the whale left the area;
     Law enforcement would be able to inspect gear at any time 
because one traditional surface-marking will be present at all times. 
The PI would notify law enforcement agencies of project participants 
and activities in advance of the project start date, including:
    [cir] Materials related to the redeployment of alternative 
retrieval gear systems, most relevant to the spring-tagline retrieval 
system, as the timed-release system can be redeployed without 
intervention;
    [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 the completion of the proposed research and 
have minimal impacts that do not change the scope or impact of the 
initially approved EFP request. Any

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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 will 
generally be posted for public viewing at https://www.noaa.gov/organization/information-technology/foia-reading-room 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: June 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12289 Filed 6-7-23; 8:45 am]
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