83 FR 49046 - Advance Notice of Proposed Rulemaking; Request for Information

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 189 (September 28, 2018)

NMFS hereby publishes an advance notice of proposed rulemaking to solicit comments on modifying the Atlantic Large Whale Take Reduction Plan's Massachusetts Trap/Pot Restricted Area and the Great South Channel Trap/Pot Restricted Area to allow trap/pot fishing that does not use vertical buoy lines (referred to as buoy-lineless or ropeless gear) prior to gear retrieval. NMFS is requesting comments on this possible action including whether opening these areas that are currently closed to trap/pot fishing would provide an economic benefit or incentive for buoy-lineless fishing development and to assess interest from industry for buoy-lineless fishing in these areas.

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49046-49047]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21115]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 180702603-8603-01]
RIN 0648-BH98


Advance Notice of Proposed Rulemaking; Request for Information

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: NMFS hereby publishes an advance notice of proposed rulemaking 
to solicit comments on modifying the Atlantic Large Whale Take 
Reduction Plan's Massachusetts Trap/Pot Restricted Area and the Great 
South Channel Trap/Pot Restricted Area to allow trap/pot fishing that 
does not use vertical buoy lines (referred to as buoy-lineless or 
ropeless gear) prior to gear retrieval. NMFS is requesting comments on 
this possible action including whether opening these areas that are 
currently closed to trap/pot fishing would provide an economic benefit 
or incentive for buoy-lineless fishing development and to assess 
interest from industry for buoy-lineless fishing in these areas.

DATES: Information related to this document must be received by close 
of business on October 29, 2018.

ADDRESSES: You may submit comments by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0082.
    2. Click the ``Comment Now!'' icon, complete the required fields.
    3. Enter or attach your comments.
-OR-
    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930.
    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 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, etc.), confidential business 
information, or other 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).

FOR FURTHER INFORMATION CONTACT: Allison Rosner NMFS Protected 
Resources Division, Greater Atlantic Region, 978-282-8462, 
[email protected] or Kristy Long, NMFS Office of Protected 
Resources, 301-427-8402, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Large whale entanglements resulting in mortalities and serious 
injuries still occur at levels that, for North Atlantic right whales, 
exceed the allowable levels established by the Marine Mammal Protection 
Act (MMPA). Under the MMPA, NMFS is required to reduce the mortality 
and serious injury to three strategic large whale stocks--the Western 
Stock of North Atlantic right whales (Eubalaena glacialis), the Gulf of 
Maine stock of humpback whales (Megaptera novaeangliea), and the 
Western North Atlantic stock of fin whales (Balaenoptera physalus)--
incidentally taken in commercial fisheries to below the potential 
biological removal level for each stock.
    Currently the Atlantic Large Whale Take Reduction Plan (Plan) has 
two seasonal trap/pot closures: Massachusetts Restricted Area (50 CFR 
229.32(c)(3)) and the Great South Channel Trap/Pot Closure (50 CFR 
229.32(c)(4)). Massachusetts Restricted Area prohibits fishing with, 
setting, or possessing trap/pot gear in this area unless stowed in 
accordance with Sec.  229.2 from February 1 to April 30. Great South 
Channel Trap/Pot Closure prohibits fishing with, setting, or possessing 
trap/pot gear in this area unless stowed in accordance with Sec.  229.2 
from April 1 through June 30.
    In 2003, the Atlantic Large Whale Take Reduction Team (Team) agreed 
to manage entanglement risk by first reducing the risk associated with 
groundlines and then reducing the risk associated with vertical lines 
in commercial trap/pot and gillnet gear. Risk reduction of groundlines 
was addressed in October 2007 with the implementation of the sinking 
groundline requirement for all fisheries throughout the east coast (72 
FR 57104, October 5, 2007). In 2009, at the request of the Team, NMFS 
also investigated the feasibility of opening a buoy-lineless (or 
ropeless) fishing gear testing site in the Great South Channel trap/pot 
and gillnet closure area. At the time, the Agency determined that 
technological and economic incentives were not sufficient for this to 
be successful, and that other management actions to reduce entanglement 
risks caused by vertical lines should be prioritized.
    In 2014, the Plan was amended (79 FR 36586, June 27, 2014) to 
address large whale entanglement risks associated with vertical line 
(or buoy lines) from commercial trap/pot fisheries. This amendment 
included gear modifications, gear setting requirements, an expanded 
seasonal trap/pot closure (Massachusetts Restricted Area) and gear 
marking for both trap/pot and gillnet fisheries. The original 
Massachusetts Restricted Area was a seasonal closure from January 1 
through April 30 for all trap/pot fisheries. In a subsequent Plan 
amendment, the boundary for the Massachusetts Restricted Area was 
expanded by 900 square miles (2.59 square kilometers), and the start 
date changed to February 1 (79 FR 73848, December 12, 2014).

[[Page 49047]]

    In response to continued North Atlantic right whale population 
decline and associated entanglements as well as recent technological 
developments with ropeless fishing design, NMFS convened a subgroup to 
investigate the feasibility of buoy lineless options that may help 
reduce future entanglement risk. The ``ALWTRT Ropeless Feasibility 
Subgroup'' met March 15-16, 2018, in Providence, RI, to assess the 
current research available on ropeless fishing gear prototypes, the 
feasibility of this technology, and discuss data gaps. From this 
meeting, the subgroup suggested that the Team and NMFS revisit the 
previous discussion to open closed areas to buoy-lineless trap/pot 
fishing. This could incentivize cooperative research that may lead to 
further technological developments for buoy-lineless fishing.
    This notice announces the Agency's preparation for possible 
rulemaking and associated analysis of changing the Massachusetts 
Restricted Area and Great South Channel closures to buoy-lineless trap/
pot gear areas under the MMPA and to request comments and information 
regarding this possibility. In order to commercially fish in these 
areas, fishermen must still comply with the Federal American lobster 
regulations, state regulations, and other Plan requirements (e.g. use 
of sinking groundlines). Given the surface system requirements (e.g. 
mandated radar reflector use) under the Interstate Fishery Management 
Plan for American Lobster, in order to participate in trap/pot fishing 
that does not use vertical lines except during the active haul back of 
gear, interested parties with federal permits will be required to apply 
for an Exempted Fishing Permit (EFP) under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. EFPs may be 
issued for activities in support of fisheries-related research. When 
applying for an EFP, the applicant must include information on the 
research plan including principal investigator, project objectives, 
research description, gear and effort information, participating vessel 
information, any anticipated impacts on marine mammals or endangered 
species, and exemptions requested. If an EFP is authorized, trip 
reporting and project summary reports will also be required, and 
conditions on number of participants or traps or on areas of 
experimental fishing may be required. EFPs apply to Federal waters 
only; however, Plan requirements apply to both state and federal 
waters. Therefore, additional exemptions and restrictions from state 
regulations will be required from the applicable state authority. 
States may choose to adopt the Team conditions when granting these 
state authorizations. More information on EFPs can be found on GARFO's 
website: www.greateratlantic.fisheries.noaa.gov/sustainable/research/.
    Findings from this ANPR and supporting analyses will be presented 
at an upcoming Team meeting (scheduled for October 2018) for 
consideration. If at that time the Team recommends that NMFS move 
forward with allowing the experimentation of buoy-lineless fishing 
within the closure areas, NMFS will work with the Team to develop best 
practices that may be considered as conditions under the EFP (e.g., 
ideal locations within the management areas, ways to reduce gear 
conflict with other fixed or mobile gears, reporting to law 
enforcement, etc.). This guidance will be useful for EFP applicants 
developing the research plans required by the application process. 
Notices of our preliminary determination to approve an EFP are 
published in the Federal Register for a 15-day public comment period; 
therefore, the public will have an opportunity to review and comment 
upon any such requests. If the Team recommends this approach, this 
Advance Notice of Proposed Rulemaking will be followed by a proposed 
and final rulemaking.

Request for Comments

    NMFS requests comments on potential impacts from this initiative 
including economic and habitat impacts, best discrete locations for 
vertical lineless trap/pot fishing, ways gear conflicts can be reduced, 
other guidelines for ropeless gear use to consider in the development 
of best practices, and to solicit industry interest for participating 
in these types of fisheries. NMFS also requests expressions of interest 
from potential applicants.

    Authority:  16 U.S.C. 1361 et seq.

    Dated: September 24, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-21115 Filed 9-27-18; 8:45 am]
 BILLING CODE 3510-22-P