[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60879-60881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16569]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE131]


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 (EFP) application 
contains all of the required information and warrants further 
consideration. The EFP would allow federally permitted fishing vessels 
to fish outside fishery regulations in support of exempted fishing 
activities proposed by Blue Planet Strategies. 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 EFPs.

DATES: Comments must be received on or before August 13, 2024.

ADDRESSES: You may submit written comments by the following method:
     Email: [email protected]. Include in the subject line 
``Blue Planet Strategies 2024 On-Demand EFP.''

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

SUPPLEMENTARY INFORMATION: Blue Planet Strategies submitted a complete 
application for an EFP to conduct commercial fishing activities that 
the regulations would otherwise restrict. 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 lobster
                                 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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project title................  Testing Technologies for Sub-Surface Gear
                                Marking and Buoyless/On-Demand Trap/Pot
                                and Gillnet Fishing Gear and Data
                                Collection Packages to Help Reduce
                                Entanglement Risk.
Project start................  Upon issuance.
Project end..................  12/31/2025.
Project objectives...........  To test sub-surface gear marking, on-
                                demand gear, and smart buoy technologies
                                in trap/pot and sink gillnet fisheries.
Project location.............  Trap/pot: Lobster Management Areas 1 and
                                3. Gillnet: Statistical Areas 521, 538,
                                and Georges Bank Regulated Mesh Area.
Number of vessels............  Trap/pot: 16; gillnet: 4.
Number of trips..............  Trap/pot: 780; gillnet: 104.
Trip duration (days).........  1.
Total number of days.........  Trap/pot: 780; gillnet: 104.
Gear type(s).................  Trap/pot, gillnet.
Number of tows or sets.......  Trap/pot: 1,560 total; gillnet: 208
                                total.
Duration of tows or sets.....  Trap/pot: 2-4 days; gillnet: 6-8 hours.
------------------------------------------------------------------------

Project Narrative

    This project is a continuation of a project that is trialing on-
demand fishing systems and sub-surface gear marking technologies aimed 
at reducing entanglement risk to protected species, mainly the North 
Atlantic right whale, in trap/pot and sink gillnet fisheries. The 
previous EFP allowed up to 16 trap/pot and 4 gillnet vessels to replace 
up to 4 of their existing trap trawls or gillnet strings with modified 
gear that replaces 1 or both vertical lines with acoustic on-demand 
systems and other alternatives to static buoy lines, including 
grappling. The previous EFP also allowed up to 12 trap/pot vessels to 
trial fully on-demand gear in the Atlantic Large Whale Take Reduction 
Plan (ALWTRP) Restricted Areas.
    This EFP would support three current projects, funded through the 
Saltonstall-Kennedy Program, the Bycatch Reduction Engineering Program 
(BREP; in collaboration with the Northeast Fisheries Science Center 
(NEFSC)), and the Atlantic States Marine Fisheries

[[Page 60880]]

Commission (in collaboration with the NEFSC). The objectives include 
testing the efficacy of acoustic release devices and other alternatives 
to static vertical buoy lines in both trap/pot and sink gillnet 
fisheries; testing and comparing two subsea acoustic marking systems to 
relocate gear and notify other fishermen to the presence of gear in the 
absence of surface markings; testing hull-mounted transducers; testing 
smart buoy technology that signals gear location and movement; and 
testing the viability of integrating SmartRafts that monitor for whale 
presence and changing ocean conditions into on-demand gear.
    Initially, the researchers would work with 2-4 lobster vessels and 
2-3 gillnet vessels, and would expand to the full number of vessels (16 
and 4, respectively) in 2025, as additional funding and gear become 
available. While effort would occur year-round, the researchers 
anticipate the majority of effort would occur from July through October 
and fewer than 20 vessels would use on-demand gear at any given time.
    For trap/pot gear trials, participants fish between 3 and 50 traps 
per trawl, in depths ranging from 15 to 122 meters ((m); 50 to 400 feet 
(ft)). They would modify up to two of their existing trawls to use on-
demand devices with either one or no buoy lines. Trials may include the 
three main acoustic-release devices currently available--lift-bag 
systems (e.g., SMELTS), buoy and stowed-rope systems (e.g., EdgeTech), 
and spooled rope systems (e.g., Fiobuoy)--or alternatives, such as 
grappling. Participants would deploy on-demand trap/pot gear in Lobster 
Management Area (LMA) 1 and, to a lesser extent, LMA 3, and would 
target areas that are not as heavily fished by mobile fleets to reduce 
the risk of gear conflicts.
    This EFP would also allow up to 12 trap/pot vessels to trial fully 
on-demand gear in the ALWTRP Restricted Areas by modifying up to 4 of 
their existing trawls to use acoustic on-demand devices, for a maximum 
of 48 trawls in the Restricted Areas. These vessels would fish in the 
Restricted Areas in addition to, but in coordination with, the vessels 
authorized under the NEFSC on-demand EFP. Under this EFP, grappling 
would not be allowed in the ALWTRP Restricted Areas.
    For gillnet trials, participants fish a maximum of 21 nets of 91 m 
(300 ft) or less. They would modify up to 2 of their existing gillnet 
strings to use on-demand devices with either one or no buoy lines. 
Currently, gillnet vessels are only testing lift-bag systems, but would 
also test buoy and stowed-rope systems. Gillnet participants would 
deploy gear in Statistical Areas 521 and 538, which are in the Georges 
Bank Regulated Mesh Area.
    Some units would be outfitted with EdgeTech acoustic marking 
technology, acoustic triggers, and software. Other units would be 
outfitted with Teledyne undersea modem marking technology, acoustic 
triggers, and software. All units would include smart buoys on each 
anchoring unit, outfitted with GPS for data collection and lost gear 
retrieval. Beginning in the Fall of 2024, two units fished by lobster 
fishermen will be outfitted with a scientific data collection package 
added to the ropeless gear raft, turning it into a ``SmartRaft''. 
Instruments will collect acoustic data for whale detection (passive 
acoustic monitors) and environmental data.
    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. This permit would exempt participating vessels from 
the specified Federal regulations in Federal waters only. The applicant 
would be responsible for obtaining any necessary state authorizations. 
This EFP would not exempt the vessels from any requirements imposed by 
any state, the Endangered Species Act (ESA), the Marine Mammal 
Protection Act (MMPA), or any other applicable laws.
    Blue Planet Strategies and engineering teams representing the 
respective prototype would oversee initial deployments of on-demand 
gear. Researchers and participants may use a GoPro System, or other 
recording device, on deck or beneath the surface to record the success 
and/or failures of some or all of the retrievals for review and 
analysis. Participants would record data on standardized data 
collection sheets (specific to the relevant sub-project). Blue Planet 
Strategies would implement the same conditions and requirements as 
those included in their most recent EFP to minimize the chance of 
causing injury to right whales and mitigate the risk of gear conflicts, 
as well as minimize the risk of harm to fishermen and researchers, 
including:
     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 provide mandatory, weekly gear loss 
reports to Blue Planet Strategies; Blue Planet Strategies would provide 
monthly updates on any gear loss or gear conflicts to the Sustainable 
Fisheries Division at the Greater Atlantic Region Fisheries Office and 
summarize all instances of gear conflicts/gear loss in the final 
report;
     All vessels would retrieve ondemand vertical lines as 
quickly as possible to minimize time in the water column;
     All vessels would adhere to current approach regulations--
a 500-yard (457-m; 1,500-ft) buffer zone created by a surfacing right 
whale--and must depart immediately at a safe and slow speed, in 
accordance with current regulations. Hauling gear would cease (by 
removal) to accommodate the regulation and be reinitiated only after it 
is reasonable to assume the whale has left the area;
     Vessels would operate within a 10-knot speed limit when 
transiting Restricted Areas or when whales are observed;
     All vessels would use smart-buoy technology to provide 
alerts to the fishermen and the research staff within 2 hours of an 
unplanned release of a stowed line;
     All vessels would use the Trap Tracker or an equivalent 
application to record positioning details, which would be available to 
Federal, State, and corresponding enforcement personnel, as well as 
other fishermen;
     When fishing on-demand trap/pot or gillnet gear without 
any traditional surface markings, on-demand vertical lines would be 
marked with unique yellow/black/orange marks above the regional 
markings, in addition to ALWTRP and Harbor Porpoise Take Reduction Plan 
regulations (per agreement with the NMFS Atlantic Large Whale Take 
Reduction Team and Harbor Porpoise Take Reduction Team Coordinator);
     Vessels fishing in ALWTRP Restricted Areas would check 
real-time right whale sighting information (such as Right Whale 
Sightings Advisories and Whale ALERT) before setting any gear and avoid 
areas of high right whale abundance, and all vessels would be 
recommended to follow this process when setting gear outside the ALWTRP 
Restricted Areas;
     The principal investigators would update the appropriate 
regional and state management partners on a regular basis to the level 
necessary to avoid miscommunication and maintain effective working 
relationships;
     The principal investigators will proactively communicate 
the approximate location and intensity of EFP fishing with mobile and 
fixed gear fleets, with a particular focus on the Restricted Areas. 
Communications will be tailored to each region and port and may include 
methods such as in-person meetings with fishermen in ports in advance 
of research activities to discuss

[[Page 60881]]

gear locations, email or text contact with fishing vessels identified 
by the Vessel Monitoring System as fishing in the research area, Coast 
Guard notices to mariners, and any other methods to reduce the risk of 
potential gear conflicts. The principal investigators will make 
information-sharing decisions while protecting participant 
confidentiality and managing the risk of negative repercussions to 
participants; and
     A copy of the final report would be provided to NMFS 
within 6 months of the expiration of the EFP.
    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.
    All comments received are a part of the public record and may be 
posted for public viewing 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: July 23, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-16569 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-22-P