[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18395-18397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD786]


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 application contains all 
of the required information and warrants further consideration. The 
exempted fishing permit would allow federally permitted fishing vessels 
to fish outside fishery regulations in support of exempted fishing 
activities proposed by the Maine Department of Marine Resources. 
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 (EFP).

DATES: Comments must be received on or before March 28, 2024.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``MDMR 2024 On-demand EFP''
    All comments received are a part of the public record and will 
generally be posted for public viewing in 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).

FOR FURTHER INFORMATION CONTACT: Christine Ford, Fishery Management 
Specialist, [email protected], (978) 281-9185.

SUPPLEMENTARY INFORMATION: The Maine Department of Marine Resources 
(MDMR) submitted a complete application for an EFP to conduct 
commercial fishing activities that the regulations would otherwise 
restrict to test alternative gear retrieval systems that only use one 
traditional surface buoy. 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.
50 CFR 648.84(b)..............  Gear marking       For trial of gillnet
                                 requirements.      gear with no more
                                                    than one surface
                                                    marking.
------------------------------------------------------------------------


                        Table 2--Project Summary
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------------------------------------------------------------------------
Project title.....................  Testing various acoustic on-demand
                                     fishing technologies that help
                                     minimize the risk of large whale
                                     entanglements in trap/pot and
                                     gillnet fishing gear in the Gulf of
                                     Maine.
Project Start.....................  Upon Issuance.
Project End.......................  One year from the date of issuance.
Project objectives................  Provide access, training, and
                                     support to fishers in the Gulf of
                                     Maine to test acoustic on-demand
                                     fishing and gear geolocation
                                     technology. Data collected will
                                     help provide feedback to
                                     manufacturers to adapt to the
                                     specific needs of Maine fishers
                                     involved in fixed gear fleets. This
                                     work is important to reduce the
                                     risk associated with vertical lines
                                     to the endangered North Atlantic
                                     right whale in the Gulf of Maine.
Project location..................  Trap/pot: Lobster Management Area 1
                                     and all Maine Lobster Conservation
                                     Zones (A, B, C, D, E, F, G).
                                    Gillnet: Statistical Areas 513, 514,
                                     515.
Number of vessels.................  50 (up to 45 trap/pot; up to 5
                                     gillnet).

[[Page 18396]]

 
Number of trips, trip duration      See project narrative.
 (days), total number of days,
 number of tows or sets, and
 duration of tows or sets.
Gear type(s)......................  Trap/pot and anchored gillnet.
------------------------------------------------------------------------

Project Narrative

    This EFP would allow 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. There are two components to this EFP, a gear library 
component, which is an assortment of devices and technologies to 
retrieve gear, and a gear geolocation component.
    For the gear library component, participating vessels would replace 
one traditional surface marking with a spring-tag or timed-release 
retrieval system, a buoy and stowed-rope system, or a lift-bag system. 
A spring-tag retrieval system uses a low breaking strength (<1,700 
pounds (lb) (<771 kilograms (kg))) buoy line that releases a stowed 
retrieval line of greater breaking strength when subjected to tension 
(>75 lb (>34 kg)). A timed-release retrieval system releases a stowed 
line after a programmed pre-set soak time. A buoy and stowed-rope 
system or a lift-bag system uses an acoustic trigger sent from the 
vessel to release the retrieval system, once the vessel is in close 
proximity to the gear. Each vessel would modify two trawls or strings 
by replacing one of the traditional vertical lines with one of the 
available on-demand retrieval systems, 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 and on all gillnet gear. For trap trawls of fewer than 
three traps, vessels would still use one traditional surface marking, 
in addition to the on-demand retrieval system; therefore, there would 
be no fully ropeless trawls. 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 (i.e., 
number and length of trips, soak times, trap limits, etc.).
    The gear geolocation component of this project will include a 
subset (up to 10) of the trap/pot vessels participating in the gear 
library component. Vessels would use acoustic positioning systems from 
any of the five available manufacturers (Teledyne Benthos, Ropeless 
Systems, Ashored, Nova Robotics, and Advanced Navigation), and would 
modify up to three trawls by replacing one of the traditional vertical 
lines with either a buoy and stowed-rope system or a lift-bag system to 
communicate with the acoustic positioning systems. The trawls would be 
set at different distances apart, within a density slightly greater 
than common gear densities, allowed to soak no longer than one hour 
each, and then be retrieved in rapid succession. The focus of this 
component would be testing the acoustic positioning systems to 
determine the extent of difference between acoustic geolocation and 
surface buoy or surface GPS geolocation, as well as testing the 
performance of the different acoustic positioning systems in an 
environment where multiple acoustic signals are being transmitted 
simultaneously. Up to 10 discrete single-day gear geolocation trials 
would be conducted within the fishing year. These trials would increase 
trap/pot effort via short soaks and high rate of retrieval. However, 
catch per unit effort would be reduced. Any legal catch would be kept 
for sale.
    MDMR researchers anticipate up to 5,200 total hauls of hybrid trap/
pot trawls or gillnet strings for the gear library component, and up to 
an additional 150 retrievals of hybrid trap/pot trawls for the gear 
geolocation component. Trap trawls would be consistent with Atlantic 
Large Whale Take Reduction Plan (ALWTRP) regulations. Trawls would not 
exceed 50 traps per trawl and the gear library component trawls would 
soak for approximately 3 days (and not more than 30 days). Gillnets 
would be consistent with ALWTRP and Harbor Porpoise Take Reduction Plan 
(HPTRP) regulations. Gillnets would use 15-30.5 centimeters (cm) mesh, 
would not exceed 3,200 meters (m), and would soak for a period of 
approximately 24 hours (and not more than 30 days).
    To ensure broad participation and target areas where data is 
needed, MDMR has requested the flexibility to modify the participant 
vessel list and would submit modifications to the active participants 
list one month in advance. MDMR and the gear manufacturers 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. MDMR 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. Additionally, MDMR has requested an EFP 
Interactive Voice Response (IVR) reporting waiver for those trap/pot 
vessels not typically subject to IVR reporting; the applicant states 
that this requirement is a barrier to fishermen recruitment to this 
project, and is duplicative of the required eVTR reporting.
    The project objectives are to: (1) Collect data on deployments and 
retrievals of various acoustic on-demand fishing gears within the trap/
pot and gillnet fisheries in the Gulf of Maine; (2) provide support and 
training to fishers on various on-demand technologies; (3) assess 
fishing areas that may be best suited for adopting the tested retrieval 
systems; (4) increase familiarity within the trap/pot and gillnet 
fisheries with on-demand gear; (5) provide feedback to on-demand 
fishing gear manufacturers to increase performance under commercial 
fishery conditions; (6) trial gear geolocation and marking systems that 
promote interoperability for fishers and management; and (7) compare 
the relative precision of various gear geolocation technologies to 
improve understanding of how transitioning to acoustic technologies may 
impact fishing behavior.
    MDMR has proposed the following best management and risk reduction 
practices:
     Experimental buoy lines would be marked with unique white 
and blue markings above the required regional markings;
     All vessels would provide mandatory, weekly gear loss and 
conflict reports to the Principal Investigator (PI), and the PI would 
provide monthly gear loss and conflict reports to the NOAA Greater 
Atlantic Regional Fisheries Office;
     After release, the on-demand vertical lines would be 
retrieved as quickly as possible to minimize time in the water column;
     All vessels would record right whale sightings on data 
sheets, and would notify NMFS via email

[[Page 18397]]

([email protected]), or NOAA via phone (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 (1,500-feet (ft)) buffer zone in the presence of 
a surfacing right whale and would depart immediately at a safe and slow 
speed. Hauling any fishing gear would cease once the entire string or 
trawl was aboard the vessel, to accommodate the regulation, and be 
redeployed only after it was reasonable to assume the whale left the 
area; and
     Law enforcement would be able to inspect gear at any time 
because one traditional surface-marking would be present at all times. 
The PI would notify law enforcement agencies (NOAA Office of Law 
Enforcement (OLE) 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, most relevant to the spring-tagline retrieval 
system; 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: March 7, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-05262 Filed 3-12-24; 8:45 am]
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