SUPPLEMENTARY INFORMATION:

The MA DMF submitted a complete application for an EFP to conduct trials of on-demand fishing gear that use no surface buoys and to test the ability of gear marking systems to consistently locate gear. This EFP would exempt the participating vessels from the following Federal regulations:

Project Narrative

This EFP would allow federally permitted vessels to test on-demand gear in seasonal Restricted Areas that do not allow the use of persistent vertical lines under the Atlantic Large Whale Take Reduction Plan (ALWTRP). This project would allow up to 50 lobster trap vessels to replace up to 20 of their existing trawls with modified trawls in the ALWTRP Restricted Areas. Modified gear would replace both traditional end lines with one or two on-demand units; trawls would have no persistent vertical lines (fully ropeless). Participants would use privately owned on-demand gear purchased with their own funds or purchased through reimbursements provided by an on-demand grant program operated by MA DMF. Participants would only use the following on-demand systems: Sub Sea Sonics, Guardian, and EdgeTech. MA DMF will record each participant's brand of approved on-demand gear, and consult with them to confirm they know how to use the gear and marking system, either via training from the manufacturer, from participation in another EFP, or through training by MA DMF.

The goals of this project are to provide Federal lobster permit holders in Massachusetts with access to seasonal Restricted Areas, to test the efficacy of methods that alert other fishers to the presence of gear on the bottom, and to provide policy makers with information about the operational benefits and constraints of fishing without vertical lines. The project objectives are to: ( printed page 64889)

• Provide participants with additional fishing opportunities through access to seasonal Restricted Areas;
• Collect data on the deployment and retrieval of on-demand gear, usage of gear location marking systems, and any occurrences of gear conflicts or gear deployment failures;
• Provide support and training for participating fishers on the use of on-demand technologies;
• Trial gear location marking systems that promote interoperability for fishers and reduce the potential for gear conflict;
• Collect timing data on hauling efficiency of on-demand versus traditional fishing gear; and
• Provide feedback to on-demand manufacturers to increase performance under commercial fishery conditions.

This permit would only exempt vessels from the specified Federal regulations in Federal waters. It would not exempt the vessels from any requirements imposed by any state, the Endangered Species Act, the Marine Mammal Protection Act, or any other applicable laws. The applicant would be responsible for obtaining all required state authorizations. Other than gear markings, all trap/pot trawls 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 (number and length of trips, soak times, trap limits, etc.).

Participants would be required to virtually mark the location of each end of their trawls using the gear-marking technology associated with the on-demand system they were fishing. This may include gear marking applications designed by the respective manufacturers to mark gear when set using GPS-based locations and visually remove the mark from applications when the gear is moved or retrieved. Set and haul information would be integrated into the ER Buoy gear location cloud-based database so that participants would have access to all set on-demand gear within 5 miles (8.05 kilometers). MA DMF would also have access to all on-demand set locations through the RMW Hub enforcement and manager platform.

MA DMF would provide standardized data collection sheets to all participants. Data deemed confidential, including but not limited to on-demand specific deployment locations and catch information, may be collected but will not be made public.

MA DMF proposes the following best practices and risk reduction measures:

• All vessels would report all right whale sightings to NMFS viane.rw.survey@noaa.gov or NOAA (866-755-6622) or the U.S. Coast Guard (Channel 16) and record sightings on data sheets;
• All vessels would retrieve on-demand vertical lines as quickly as possible to minimize time in the water column;
• If any large whale species came within 500 yards (457.2 meters) of a participating vessel during hauling, fishing would immediately cease, by either removal or resetting, and be reinitiated only after it was reasonable to assume the whale(s) had left the area;
• All vessels would provide mandatory, weekly gear loss reports; MA DMF would provide monthly gear conflict/loss reports to GARFO;
• All vessels would operate within a 10-knot (18.52-km) speed limit when transiting Restricted Areas or when whales are observed;
• RMW hub, the ER Buoy app, or an equivalent application will be utilized for identifying any on-demand gear currently set within the work areas;
• Stowed hauling lines in on-demand units will contain a unique colored marking consisting of 12″ of yellow twine above each regional ALWTRP marking;
• A unique flag will be flown by each vessel within ALWTRP vertical line closure areas for enforcement recognition;
• All participants would carry a MA DMF scientist on a subset of trips to collect additional data and oversee trial performance;
• No floating groundline would be used on research trawls, including where otherwise legally allowed between the first trap and anchor or on-demand unit; and
• Law enforcement agencies will be notified of project participants and activities in advance of the project start date.

Under the previous EFP (#25048), 2 vessels participated, completing 15 total trips. Both vessels used Sub Sea Sonics on-demand gear, with differing success. Some release failures occurred due to a dead battery, tablet or release unit malfunctions. Retrieval success ranged from 100 percent at <70 fathoms down to approximately 50 percent at greater depths. Both vessels worked with the manufacturer to resolve issues. While some issues persist, they are being addressed by the manufacturer. All on-demand units were retrieved. No gear conflicts were reported by the participants; both participants expressed interest in continuing to trial on-demand 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.

91 FR 64888