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)

Page Range		49046-49047
FR Document		2018-21115

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 Issue 189 (Friday, September 28, 2018)

[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,
allison.rosner@noaa.gov or Kristy Long, NMFS Office of Protected
Resources, 301-427-8402, kristy.long@noaa.gov.

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

$Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules 49047 In response to continued North permits will be required to apply for an locations within the management areas, Atlantic right whale population decline Exempted Fishing Permit (EFP) under ways to reduce gear conflict with other and associated entanglements as well as the authority of the Magnuson-Stevens fixed or mobile gears, reporting to law recent technological developments with Fishery Conservation and Management enforcement, etc.). This guidance will ropeless fishing design, NMFS Act. EFPs may be issued for activities in be useful for EFP applicants developing convened a subgroup to investigate the support of fisheries-related research. the research plans required by the feasibility of buoy lineless options that When applying for an EFP, the application process. Notices of our may help reduce future entanglement applicant must include information on preliminary determination to approve risk. The ‘‘ALWTRT Ropeless the research plan including principal an EFP are published in the Federal Feasibility Subgroup’’ met March 15–16, investigator, project objectives, research Register for a 15-day public comment 2018, in Providence, RI, to assess the description, gear and effort information, period; therefore, the public will have current research available on ropeless participating vessel information, any fishing gear prototypes, the feasibility of anticipated impacts on marine an opportunity to review and comment this technology, and discuss data gaps. mammals or endangered species, and upon any such requests. If the Team From this meeting, the subgroup exemptions requested. If an EFP is recommends this approach, this suggested that the Team and NMFS authorized, trip reporting and project Advance Notice of Proposed revisit the previous discussion to open summary reports will also be required, Rulemaking will be followed by a closed areas to buoy-lineless trap/pot and conditions on number of proposed and final rulemaking. fishing. This could incentivize participants or traps or on areas of Request for Comments cooperative research that may lead to experimental fishing may be required. further technological developments for EFPs apply to Federal waters only; NMFS requests comments on buoy-lineless fishing. however, Plan requirements apply to potential impacts from this initiative This notice announces the Agency’s both state and federal waters. Therefore, including economic and habitat preparation for possible rulemaking and additional exemptions and restrictions impacts, best discrete locations for associated analysis of changing the from state regulations will be required vertical lineless trap/pot fishing, ways Massachusetts Restricted Area and Great from the applicable state authority. gear conflicts can be reduced, other South Channel closures to buoy-lineless States may choose to adopt the Team guidelines for ropeless gear use to trap/pot gear areas under the MMPA conditions when granting these state consider in the development of best and to request comments and authorizations. More information on practices, and to solicit industry interest information regarding this possibility. In EFPs can be found on GARFO’s website: order to commercially fish in these for participating in these types of www.greateratlantic.fisheries.noaa.gov/ areas, fishermen must still comply with sustainable/research/. fisheries. NMFS also requests the Federal American lobster Findings from this ANPR and expressions of interest from potential regulations, state regulations, and other supporting analyses will be presented at applicants. Plan requirements (e.g. use of sinking an upcoming Team meeting (scheduled Authority: 16 U.S.C. 1361 et seq. groundlines). Given the surface system for October 2018) for consideration. If at Dated: September 24, 2018. requirements (e.g. mandated radar that time the Team recommends that reflector use) under the Interstate NMFS move forward with allowing the Samuel D. Rauch, III, Fishery Management Plan for American experimentation of buoy-lineless fishing Deputy Assistant Administrator for Lobster, in order to participate in trap/ within the closure areas, NMFS will Regulatory Programs, National Marine pot fishing that does not use vertical work with the Team to develop best Fisheries Service. lines except during the active haul back practices that may be considered as [FR Doc. 2018–21115 Filed 9–27–18; 8:45 am] of gear, interested parties with federal conditions under the EFP (e.g., ideal BILLING CODE 3510–22–P amozie on DSK3GDR082PROD with PROPOSALS1 VerDate Sep<11>2014 17:53 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4702 Sfmt 9990 E:\FR\FM\28SEP1.SGM 28SEP1$

Document Created: 2018-09-28 01:22:45
Document Modified: 2018-09-28 01:22:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		Information related to this document must be received by close of business on October 29, 2018.
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]
FR Citation		83 FR 49046
RIN Number		0648-BH98

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

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration