Magnuson-Stevens Act Provisions; Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

Federal RegisterSep 9, 2024

89 Fed. Reg. 73068 (Sep. 9, 2024)

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Department of Commerce National Oceanic and Atmospheric Administration

[RTID 0648-XE257]

AGENCY:

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

ACTION:

Notice; request for comments.

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 the Maine Department of Marine Resources (ME DMR). 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 September 24, 2024.

ADDRESSES:

You may submit written comments by email to nmfs.gar.efp@noaa.gov. Include in the subject line “ME DMR Ventless Trap EFP.”

FOR FURTHER INFORMATION CONTACT:

Christine Ford, Fishery Management Specialist, Christine.Ford@noaa.gov, (978) 281-9185.

SUPPLEMENTARY INFORMATION:

ME DMR submitted a complete application for an EFP to conduct commercial fishing activities that the regulations would otherwise restrict. The EFP would provide distribution, abundance, and biological data on juvenile lobsters and Jonah crabs from times and areas with low coverage from traditional surveys. 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(c)	Gear specification requirements	To allow for closed escape vents and smaller trap mesh and entrance heads.
§ 697.19	Trap limit requirements	To allow for 3 additional traps per fishing vessel, for a total of up to 60 additional traps.

§ 697.19(j)	Trap tag requirements	To allow for the use of untagged traps (though each modified trap will have the participating fisherman's identification attached).
§§ 697.20(a), 697.20(d), 697.20(g), and 697.20(h)(1)-(2)	Possession restrictions	To allow for onboard biological sampling of undersized, v-notched, and egg-bearing lobsters and undersized and egg-bearing Jonah crabs.

Table 2—Project Summary

Project title	Maine lobster fishery dependent offshore ventless and commercial trap research program.
Project start	11/04/2024.
Project end	11/03/2025.
Project objectives	To develop a new survey, in partnership with Commercial Fisheries Research Foundation (CFRF), to provide distribution, abundance, and biological data on juvenile lobsters and Jonah crabs from times and areas in Federal waters with low coverage from traditional surveys.
Project location	Gulf of Maine: Statistical Areas 511, 512, and 513.
Number of vessels	Up to 20.
Number of trips	Up to 36 per vessel; up to 720 total.
Trip duration (days)	Up to 3.
Total number of days	Up to 108 per vessel; up to 2,160 total.
Gear type(s)	Trap.
Number of tows or sets	1 per trip.
Duration of tows or sets	7-10 days.