Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit, 2595-2597 [2022-00737]

Download as PDF Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES if Commerce has not rejected a scope ruling application nor initiated the scope inquiry within 30 days after the filing of the application, the application will be deemed accepted and a scope inquiry will be deemed initiated the following day–day 31.6 Commerce’s practice generally dictates that where a deadline falls on a weekend, Federal holiday, or other non-business day, the appropriate deadline is the next business day.7 Accordingly, if the 30th day after the filing of the application falls on a non-business day, the next business day will be considered the ‘‘updated’’ 30th day, and if the application is not rejected or a scope inquiry initiated by or on that particular business day, the application will be deemed accepted and a scope inquiry will be deemed initiated on the next business day which follows the ‘‘updated’’ 30th day.8 In accordance with 19 CFR 351.225(m)(2), if there are companion AD and CVD orders covering the same merchandise from the same country of origin, the scope inquiry will be conducted on the record of the AD proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), Commerce may either apply a scope ruling to all products from the same country with the same relevant physical characteristics, (including chemical, dimensional, and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter, or importer of those products, or on a companyspecific basis. For further information on procedures for filing information with Commerce through ACCESS and participating in scope inquiries, please refer to the Filing Instructions section of the Scope Ruling Application Guide, at https:// access.trade.gov/help/Scope_Ruling_ Guidance.pdf. Interested parties, apart from the scope ruling applicant, who wish to participate in a scope inquiry and be added to the public service list 6 In accordance with 19 CFR 351.225(d)(2), within 30 days after the filing of a scope ruling application, if Commerce determines that it intends to address the scope issue raised in the application in another segment of the proceeding (such as a circumvention inquiry under 19 CFR 351.226 or a covered merchandise inquiry under 19 CFR 351.227), it will notify the applicant that it will not initiate a scope inquiry, but will instead determine if the product is covered by the scope at issue in that alternative segment. 7 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 8 This structure maintains the intent of the applicable regulation, 19 CFR 351.225(d)(1), to allow a day of separation between day 30 and day 31. VerDate Sep<11>2014 17:00 Jan 14, 2022 Jkt 256001 for that segment of the proceeding must file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments. Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated. Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce’s procedures.9 Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to James Maeder, Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to CommerceCLU@trade.gov. This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3). Dated: January 12, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–00847 Filed 1–14–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB651] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Exempted Fishing Permit National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: 9 Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 2595 Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of an application for exempted fishing permit; request for comments. NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Sustainable Seas Technology, LLC. If granted, the EFP would authorize the applicant to deploy modified black sea bass pots with Acoustic Subsea Buoy Retrieval Systems (ASBRS) in South Atlantic Federal waters off North Carolina, South Carolina, Georgia, and Florida. The project would examine the potential usefulness of ASBRSs for use in the black sea bass pot gear component for the commercial sector of the snapper-grouper fishery in minimizing impacts to protected species. SUMMARY: Written comments must be received on or before February 2, 2022. ADDRESSES: You may submit comments on the application, identified by ‘‘NOAA–NMFS–2021–0129’’ 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–2021–0129’’ 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/ science-data/black-sea-bass-potexperimental-retrieval-projectexempted-fishing-permit/. FOR FURTHER INFORMATION CONTACT: Frank Helies, 727–824–5305; email: frank.helies@noaa.gov. DATES: E:\FR\FM\18JAN1.SGM 18JAN1 2596 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices 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. Currently, vertical end lines and buoys, such as those utilized with black sea bass pots in the South Atlantic, present an entanglement risk to the North Atlantic right whale, a species that is listed as endangered under the Endangered Species Act (ESA). Each fall, some right whales travel from their feeding areas in the waters off New England and Canada to the shallow, coastal waters of North Carolina, South Carolina, Georgia, and northeastern Florida. ASBRSs are a type of fishing gear that allows fish traps, including black sea bass pots, buoys, and their retrieval devices to be stored at depth until triggered for retrieval at the surface. These gear systems allow for trap and pot buoys and vertical lines to exist in the water column for minutes instead of hours or days, as they are activated via acoustic release only when fishers are present. As described in the application, the applicant believes that adaptation of ASBRSs or ‘‘ropeless’’ systems for black sea bass pot fishing in the South Atlantic could reduce the risk to these whales and other marine animals that are subject to entanglements from vertical lines and buoys. NMFS previously issued an EFP to the applicant through a pilot project for ASBRS research similar to this in 2020 (85 FR 42831; July 15, 2020). That EFP pilot project found a 99 percent black sea bass pot gear retrieval success rate when handled by project personnel. If granted, the EFP would exempt limited fishing gear testing activities from certain regulations for the black sea bass pot component for the commercial sector of the South Atlantic snapper-grouper fishery, specifically gear identification at 50 CFR 622.177(a)(4), area and seasonal closures at 50 CFR 622.183 (622.183(a)(1)(ii)(E), 622.183(a)(2)(vii)(E), and 622.183(b)(6)), black sea bass pot configuration restrictions and requirements at 50 CFR 622.189 (622.189(b), 622.189(e)(1), and 622.189(g)) and Atlantic large whale gear marking requirements at 50 CFR 229.32 (229.32(c)(1), 229.32(c)(2)(ii), and 229(c)(2)(iv)). The applicant seeks an EFP to determine the following: If the ASBRS gear would continue to show a greater than 99 percent successful deployment and retrieval rate; if ASBRS gear significantly increases the time and/or khammond on DSKJM1Z7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:00 Jan 14, 2022 Jkt 256001 expense for gear retrieval and recovery versus the current fishing method such that it might affect profitability; if ASBRS gear significantly increases time and/or expense for the repacking of gear for redeployment versus the current fishing method such that it might affect profitability; if bycatch rates for the modified black sea bass pot fishing configuration are greater than those for the traditional single pots; and if the harvest of black sea bass in the preferred inshore areas that are currently closed, would still yield enough catch to offset the cost of ASBRS fishing gear and modifications. If granted, the project would allow for expansion of gear testing from the initial pilot project off Georgia to include additional fishers off North Carolina, South Carolina, and Florida during the seasonal black sea bass pot closure to examine basic functionality, reliability, and feasibility of ropeless fishing gear and alternative rigging configurations. Under the EFP, the applicant would collect data through an ongoing collaborative effort among different ASBRS manufacturers and fishery industry partners. If granted, the EFP would be effective from the date of issuance through August 31, 2024. In addition to this EFP request for exemption from Magnuson-Stevens Act regulations, the applicant would consult with NMFS to ensure the EFP would be consistent with North Atlantic right whale conservation measures currently in place through the ESA and Marine Mammal Protection Act. Fishers participating in this project are assumed to be receiving grant funding and/or self-funding the work. These fishers would be allowed to keep and sell all catch lawfully harvested by black sea bass pots. The proposed EFP testing area would occur in offshore Federal waters of North Carolina, South Carolina, Georgia, and Florida out to a depth of 65 meters. The inshore water depth for testing in Federal waters would not be less than 20 meters. Sampling would occur from November 15 through April 30 of each year in water depths of 20 to 65 meters. The testing would not occur in any special management zones listed in 50 CFR 622.182 or in the North Atlantic Right Whale Critical Habitat Area. Up to 11 different black sea bass pot designs would be fished as singles and as four pot trawls in inshore areas. This would be done during the black sea bass pot closure period each year (November 15 through April 30), to compare against control pots fished under the previous EFP to yield data relative to the time expended to retrieve and rebait traditional traps pursuant to the current PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 regulations. Using the ASBRS, the applicant would utilize virtual gear marking of the pots (marking of gear deployment location with chart plotters, GPS, and manufacturer-provided software). The applicant would also evaluate the feasibility of use of various virtual gear marking systems and share the results with fishery management partners. Participating permitted commercial fishers would deploy experimental gear for up to 10 days each year in supervised field trials and additional unsupervised fishing trials, not to exceed 2,000 gear hauls per vessel over the length of the EFP, to evaluate the performance of ASBRS with both the experimental and standard black sea bass pot configurations. Each deployment under the EFP would be limited to 35 total pots per vessel, with an average soak time of 90 minutes per configuration. Some overnight sampling would occur for acoustic releases. EFP Black Sea Bass Pot Configurations Under the EFP, four regulation-sized pots would be connected together with wire connecting clips or zip ties so that only one ASBRS gear device is needed to retrieve four connected pots. Each pot would have the standard black sea bass pot single entrance and would possess one back panel of 2-inch (5.1-cm) uniform mesh. The connected four traps would test both one and two single entrances (on adjacent sides of single traps to replace the allowable two opposite entrances) to four regulationsized trap interiors, and would otherwise comply with the requirements for black sea bass pot dimensions and construction in the South Atlantic. This experimental gear design of the four connected pots is not a chevron-style fish trap, it is a design of standard black sea bass pots connected to adjacent standard black sea bass pots. The goal of this modification is to examine ways to reduce procurement and implementation costs associated with the number of required ASBRSs to fish 35 pots. EFP Gear Markings Two of the technologies that would be used in the EFP utilize lift bags and buoys and are therefore unable to be line-marked as they do not incorporate line into their design. For the other technologies being tested under the EFP, all buoy lines on ASBRS gear types that use stored line would be marked in accordance with the most recent requirements pursuant to the Atlantic Large Whale Take Reduction Plan and other Federal regulations, and would have weak links with a maximum E:\FR\FM\18JAN1.SGM 18JAN1 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES breaking strength of 600 lb (272 kg), 1,700 lb (771 kg) maximum breaking strength sleeves, and line with a breaking strength of less than 2,200 lb (998 kg). EFP Buoy Line Six of the eight currently available ASBRS devices require the use of a line for retrieval that is contained and stored at depth by a line management system. The other two release devices do not use line, but instead, utilize the inflation of either a lift bag or inflatable buoy to pull a lead trap to the surface. The styles of line storage vary with device design and includes square, rectangular, domed, circular, and conical cages, oyster mesh bags, canisters, and spools. These have been successfully used in trials and testing in a variety of active fishing operations in the United States and worldwide. Four of the ASBRS devices in the EFP require floating line to return the buoy or buoys to the surface for retrieval. Currently, the average time for appearance of buoys at depths greater than 100 ft (30.5 m) is approximately 3 minutes. Retrieval generally takes less than 2 minutes, which means that any floating line would be at the surface for less than 5 minutes, and during which time the fishing vessel would be within 20–30 ft (6.1–9.1 m) of the line. Two of the release devices do not incorporate line longer than 10 ft (3.1 m) in their design, and two devices use a harness that clips to the pot. The remaining devices use less than 150 ft (45.7 m) of line which would be stowed inside either a bag or on a spool. Sinking line cannot be used for any ASBRS as it would create a negatively buoyant strain on the buoys and not effectively allow for their return to the surface. All of the ASBRSs with a line storage system would need to be attached between the trap and the buoy. If necessary, several of the ASBRSs may also require a small anchor or weight to be attached between the pot and line-storage device or buoy in areas with higher current to keep them from fouling in the pot, as well as to ensure they are not dragged from their intended deployment area. For lift bag and buoy systems, the actual systems would be secured between the pot and the buoy/bag. 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 VerDate Sep<11>2014 17:00 Jan 14, 2022 Jkt 256001 without additional authorization. Additionally, NMFS may require special protections for ESA-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 South Atlantic 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. Dated: January 11, 2022. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–00737 Filed 1–14–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF DEFENSE Department of the Air Force Notice of Intent To Prepare an Environmental Impact Statement for Regional Special Use Airspace Optimization To Support Air Force Missions in Arizona Department of the Air Force, Federal Aviation Administration, Department of Defense. ACTION: Notice of intent. AGENCY: The Department of the Air Force (DAF) is issuing this Notice of Intent (NOI) to advise the public of its intent to prepare an Environmental Impact Statement (EIS) to assess the potential environmental consequences associated with optimizing the Special Use Airspace (SUA) managed by the DAF to support aircrews stationed at Davis-Monthan Air Force Base (AFB), Luke AFB, and Morris Air National Guard Base ([ANGB] located at Tucson International Airport) in Arizona and to request comments on potential alternatives and impacts, and identification of any relevant information, studies, or analyses of any kind concerning impacts affecting the quality of the human environment. DATES: This NOI begins the public scoping process for identifying issues and potential alternatives for consideration in the EIS. Notifications are being concurrently published in local newspapers within the potentially affected localities. Scoping comments are requested by March 4, 2022 to ensure full consideration in the Draft EIS in accordance with 40 CFR 1501.9. SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 2597 In-person scoping meetings will be held at the dates and locations below. All meetings will be open-house style from 5:00 p.m. to 7:00 p.m. (Local). There will not be a formal presentation, please attend at your convenience. Persons with hearing impairments should notify the DAF at least 7 days in advance of the meeting dates to ensure that sign language assistance can be available. Masks worn over the nose and mouth and social distancing are required at all in-person meetings. Spanish interpreters will be available at scoping meetings. • February 7, 2022. Sonoran Desert Inn & Conference Center, 55 South Orilla Avenue, Ajo, Arizona 85321. • February 8, 2022. Superior Town Hall, 199 N Lobb Avenue, Superior, Arizona 85173. • February 9, 2022. Bagdad Event Center, 121 Main Street, Bagdad, Arizona 86321. • February 10, 2022. Congress Fire Department, 26733 Santa Fe Road, Congress, Arizona 85332. • February 22, 2022. Village Hall, 15 Jake Scott Street, Reserve, New Mexico 87830. • February 23, 2022. Clifton Community Center, 100 North Coronado Blvd., Clifton, Arizona 85533. • February 24, 2022. Animas High School, 1 Panther Blvd., Animas, New Mexico 88020. In addition to the in-person meetings, the project website www.ArizonaRegionalAirspaceEIS.com provides a virtual presentation of the meeting materials for those persons that do not wish to attend or are unable to attend an in-person meeting. All the handout(s) and displays for the inperson meetings are available on the website. The EIS is still in the early planning stages and the schedule is subject to change. The schedule will be updated throughout the EIS process on the project website. Major milestone dates are as follows: • Draft EIS and Notice of Availability (NOA) publication, Fall 2023 • Draft EIS Public Comment Period and Hearing, Fall 2023 • Final EIS and NOA publication, Summer 2024 • Record of Decision signature, Summer/Fall 2024 ADDRESSES: For questions regarding the Proposed Action or EIS development, or to request sign language assistance at the in-person scoping meetings, contact Grace Keesling, at grace.keesling.1@ us.af.mil or (210) 925–4534. Comments may be submitted through the project website www.ArizonaRegionalAirspaceEIS.com, E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2595-2597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00737]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB651]


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 the Sustainable Seas Technology, LLC. If 
granted, the EFP would authorize the applicant to deploy modified black 
sea bass pots with Acoustic Subsea Buoy Retrieval Systems (ASBRS) in 
South Atlantic Federal waters off North Carolina, South Carolina, 
Georgia, and Florida. The project would examine the potential 
usefulness of ASBRSs for use in the black sea bass pot gear component 
for the commercial sector of the snapper-grouper fishery in minimizing 
impacts to protected species.

DATES: Written comments must be received on or before February 2, 2022.

ADDRESSES: You may submit comments on the application, identified by 
``NOAA-NMFS-2021-0129'' 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-2021-0129'' 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/science-data/black-sea-bass-pot-experimental-retrieval-project-exempted-fishing-permit/.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 727-824-5305; email: 
[email protected].

[[Page 2596]]


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.
    Currently, vertical end lines and buoys, such as those utilized 
with black sea bass pots in the South Atlantic, present an entanglement 
risk to the North Atlantic right whale, a species that is listed as 
endangered under the Endangered Species Act (ESA). Each fall, some 
right whales travel from their feeding areas in the waters off New 
England and Canada to the shallow, coastal waters of North Carolina, 
South Carolina, Georgia, and northeastern Florida. ASBRSs are a type of 
fishing gear that allows fish traps, including black sea bass pots, 
buoys, and their retrieval devices to be stored at depth until 
triggered for retrieval at the surface. These gear systems allow for 
trap and pot buoys and vertical lines to exist in the water column for 
minutes instead of hours or days, as they are activated via acoustic 
release only when fishers are present. As described in the application, 
the applicant believes that adaptation of ASBRSs or ``ropeless'' 
systems for black sea bass pot fishing in the South Atlantic could 
reduce the risk to these whales and other marine animals that are 
subject to entanglements from vertical lines and buoys.
    NMFS previously issued an EFP to the applicant through a pilot 
project for ASBRS research similar to this in 2020 (85 FR 42831; July 
15, 2020). That EFP pilot project found a 99 percent black sea bass pot 
gear retrieval success rate when handled by project personnel.
    If granted, the EFP would exempt limited fishing gear testing 
activities from certain regulations for the black sea bass pot 
component for the commercial sector of the South Atlantic snapper-
grouper fishery, specifically gear identification at 50 CFR 
622.177(a)(4), area and seasonal closures at 50 CFR 622.183 
(622.183(a)(1)(ii)(E), 622.183(a)(2)(vii)(E), and 622.183(b)(6)), black 
sea bass pot configuration restrictions and requirements at 50 CFR 
622.189 (622.189(b), 622.189(e)(1), and 622.189(g)) and Atlantic large 
whale gear marking requirements at 50 CFR 229.32 (229.32(c)(1), 
229.32(c)(2)(ii), and 229(c)(2)(iv)).
    The applicant seeks an EFP to determine the following: If the ASBRS 
gear would continue to show a greater than 99 percent successful 
deployment and retrieval rate; if ASBRS gear significantly increases 
the time and/or expense for gear retrieval and recovery versus the 
current fishing method such that it might affect profitability; if 
ASBRS gear significantly increases time and/or expense for the 
repacking of gear for redeployment versus the current fishing method 
such that it might affect profitability; if bycatch rates for the 
modified black sea bass pot fishing configuration are greater than 
those for the traditional single pots; and if the harvest of black sea 
bass in the preferred inshore areas that are currently closed, would 
still yield enough catch to offset the cost of ASBRS fishing gear and 
modifications. If granted, the project would allow for expansion of 
gear testing from the initial pilot project off Georgia to include 
additional fishers off North Carolina, South Carolina, and Florida 
during the seasonal black sea bass pot closure to examine basic 
functionality, reliability, and feasibility of ropeless fishing gear 
and alternative rigging configurations.
    Under the EFP, the applicant would collect data through an ongoing 
collaborative effort among different ASBRS manufacturers and fishery 
industry partners. If granted, the EFP would be effective from the date 
of issuance through August 31, 2024. In addition to this EFP request 
for exemption from Magnuson-Stevens Act regulations, the applicant 
would consult with NMFS to ensure the EFP would be consistent with 
North Atlantic right whale conservation measures currently in place 
through the ESA and Marine Mammal Protection Act. Fishers participating 
in this project are assumed to be receiving grant funding and/or self-
funding the work. These fishers would be allowed to keep and sell all 
catch lawfully harvested by black sea bass pots. The proposed EFP 
testing area would occur in offshore Federal waters of North Carolina, 
South Carolina, Georgia, and Florida out to a depth of 65 meters. The 
inshore water depth for testing in Federal waters would not be less 
than 20 meters. Sampling would occur from November 15 through April 30 
of each year in water depths of 20 to 65 meters. The testing would not 
occur in any special management zones listed in 50 CFR 622.182 or in 
the North Atlantic Right Whale Critical Habitat Area.
    Up to 11 different black sea bass pot designs would be fished as 
singles and as four pot trawls in inshore areas. This would be done 
during the black sea bass pot closure period each year (November 15 
through April 30), to compare against control pots fished under the 
previous EFP to yield data relative to the time expended to retrieve 
and rebait traditional traps pursuant to the current regulations. Using 
the ASBRS, the applicant would utilize virtual gear marking of the pots 
(marking of gear deployment location with chart plotters, GPS, and 
manufacturer-provided software). The applicant would also evaluate the 
feasibility of use of various virtual gear marking systems and share 
the results with fishery management partners.
    Participating permitted commercial fishers would deploy 
experimental gear for up to 10 days each year in supervised field 
trials and additional unsupervised fishing trials, not to exceed 2,000 
gear hauls per vessel over the length of the EFP, to evaluate the 
performance of ASBRS with both the experimental and standard black sea 
bass pot configurations. Each deployment under the EFP would be limited 
to 35 total pots per vessel, with an average soak time of 90 minutes 
per configuration. Some overnight sampling would occur for acoustic 
releases.

EFP Black Sea Bass Pot Configurations

    Under the EFP, four regulation-sized pots would be connected 
together with wire connecting clips or zip ties so that only one ASBRS 
gear device is needed to retrieve four connected pots. Each pot would 
have the standard black sea bass pot single entrance and would possess 
one back panel of 2-inch (5.1-cm) uniform mesh. The connected four 
traps would test both one and two single entrances (on adjacent sides 
of single traps to replace the allowable two opposite entrances) to 
four regulation-sized trap interiors, and would otherwise comply with 
the requirements for black sea bass pot dimensions and construction in 
the South Atlantic. This experimental gear design of the four connected 
pots is not a chevron-style fish trap, it is a design of standard black 
sea bass pots connected to adjacent standard black sea bass pots. The 
goal of this modification is to examine ways to reduce procurement and 
implementation costs associated with the number of required ASBRSs to 
fish 35 pots.

EFP Gear Markings

    Two of the technologies that would be used in the EFP utilize lift 
bags and buoys and are therefore unable to be line-marked as they do 
not incorporate line into their design. For the other technologies 
being tested under the EFP, all buoy lines on ASBRS gear types that use 
stored line would be marked in accordance with the most recent 
requirements pursuant to the Atlantic Large Whale Take Reduction Plan 
and other Federal regulations, and would have weak links with a maximum

[[Page 2597]]

breaking strength of 600 lb (272 kg), 1,700 lb (771 kg) maximum 
breaking strength sleeves, and line with a breaking strength of less 
than 2,200 lb (998 kg).

EFP Buoy Line

    Six of the eight currently available ASBRS devices require the use 
of a line for retrieval that is contained and stored at depth by a line 
management system. The other two release devices do not use line, but 
instead, utilize the inflation of either a lift bag or inflatable buoy 
to pull a lead trap to the surface. The styles of line storage vary 
with device design and includes square, rectangular, domed, circular, 
and conical cages, oyster mesh bags, canisters, and spools. These have 
been successfully used in trials and testing in a variety of active 
fishing operations in the United States and worldwide.
    Four of the ASBRS devices in the EFP require floating line to 
return the buoy or buoys to the surface for retrieval. Currently, the 
average time for appearance of buoys at depths greater than 100 ft 
(30.5 m) is approximately 3 minutes. Retrieval generally takes less 
than 2 minutes, which means that any floating line would be at the 
surface for less than 5 minutes, and during which time the fishing 
vessel would be within 20-30 ft (6.1-9.1 m) of the line. Two of the 
release devices do not incorporate line longer than 10 ft (3.1 m) in 
their design, and two devices use a harness that clips to the pot. The 
remaining devices use less than 150 ft (45.7 m) of line which would be 
stowed inside either a bag or on a spool. Sinking line cannot be used 
for any ASBRS as it would create a negatively buoyant strain on the 
buoys and not effectively allow for their return to the surface. All of 
the ASBRSs with a line storage system would need to be attached between 
the trap and the buoy. If necessary, several of the ASBRSs may also 
require a small anchor or weight to be attached between the pot and 
line-storage device or buoy in areas with higher current to keep them 
from fouling in the pot, as well as to ensure they are not dragged from 
their intended deployment area. For lift bag and buoy systems, the 
actual systems would be secured between the pot and the buoy/bag.
    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 ESA-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 South Atlantic 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.

    Dated: January 11, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-00737 Filed 1-14-22; 8:45 am]
BILLING CODE 3510-22-P


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