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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90676-90678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26763]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE408]

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Request for an Exempted Fishing 
Permit

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

ACTION: Notice of receipt of an application for an exempted fishing 
permit; request for comments.

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SUMMARY: NMFS announces the receipt of an application for an exempted 
fishing permit (EFP) from Texas Sea Grant. If granted by NMFS, the EFP 
would authorize the continued testing of new designs for bycatch 
reduction devices (BRDs) for finfish, in the commercial shrimp fishery 
in Federal waters of the Gulf of Mexico (Gulf). The Better BRDs for the 
Gulf Shrimp Fleet Project is a collaborative effort to restore finfish 
populations and reduce finfish bycatch mortality through the 
development and certification of new BRDs for use by the commercial 
shrimp industry throughout the Gulf. This notice gives the public an 
opportunity to provide comments to NMFS regarding the request for an 
EFP.

DATES: Written comments must be received no later than December 3, 
2024.

ADDRESSES: You may submit comments on the application, identified by 
NOAA-NMFS-2024-0128 by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2024-0128 in the Search box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written public comments to 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 
https://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.
    An electronic copy of the application may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/commercial-fishing/better-bycatch-reduction-device-gulf-shrimp-fleet-project/.

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

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.
    The EFP application submitted to NMFS involves the use of 
experimental fishing gear (BRDs) on shrimp trawls in Federal waters. 
Federal regulations require fishermen on shrimp vessels to use NMFS 
certified BRDs while trawling for shrimp in Gulf Federal waters [50 CFR 
622.53(a)]. The applicant is seeking an EFP that would exempt these 
research activities from the regulations requiring the use of certified 
BRDs in Federal waters of the Gulf at 50 CFR 622.53(a), and would allow 
the applicant to replace an existing approved BRD with one of four 
experimental BRD configurations as determined by the applicant. The 
specific EFP request is further described below.
    The Better BRDs for the Gulf Shrimp Fleet Project is a 
collaborative effort between Louisiana Sea Grant, Texas Sea Grant, NOAA 
Restoration Center, and NMFS to restore finfish populations injured by 
the Deepwater Horizon oil spill through the development and 
certification of new BRDs for the commercial shrimp industry throughout 
the Gulf. The project involves the phased testing of new BRD designs in 
the commercial shrimp fishery in Federal waters of the Gulf. The new 
BRD designs could demonstrate a greater reduction in bycatch of 
finfish, over the federally certified Fisheye BRD, which may also lead 
to an overall increase in shrimp catch.
    The project would further identify and develop new bycatch-reducing 
technology to reduce finfish discard mortality in commercial shrimp 
trawls. Additionally, the project seeks to advance cost-effective 
solutions for the Gulf shrimp fleet that would maximize the adoption 
and use by fishermen of any improved designs for BRDs that could be 
certified for use in the fishery.
    The project is separated into several phases. The first phase that 
began in 2022 included proof-of-concept testing of new BRD designs by 
NMFS Gear Research Branch partners. This proof-of-concept testing 
included both dive and vessel testing aboard the research vessel 
Caretta. The dive testing was conducted off Panama City, Florida, and 
the vessel testing was conducted off Pascagoula, Mississippi. New BRD 
designs that showed the potential to be effective during proof-of-
concept testing were accepted for further evaluation during the 
project's next phase, which involved stakeholder testing. A final phase 
planned for the future would be pre-certification and certification 
testing of the selected BRDs, consistent with the requirements in 50 
CFR 622.53(a)(2) and

[[Page 90677]]

the NMFS Bycatch Reduction Device Testing Manual (https://www.fisheries.noaa.gov/resource/document/bycatch-reduction-device-testing-manual-2016/).
    On August 26, 2022, NMFS published a notice announcing receipt of 
an EFP application to allow stakeholder testing of six BRD designs: 
Toms Fisheye, Large Mesh Sections, Nested Cylinder, Virgil Potter, 
Flapless Turtle Excluder Devices, and Composite Panel Variations (87 FR 
52512). NMFS issued that EFP on October 6, 2024, and it is valid until 
December 31, 2024. The purpose of the commercial stakeholder testing 
authorized under the current EFP is to allow for stakeholder input on 
the strengths and weaknesses of new BRD designs across a variety of 
species and environmental conditions within the Gulf shrimp fishery. 
This testing will also aid in the acceptance of new BRDs by the 
commercial shrimping industry when the most promising designs are later 
submitted for NMFS certification.
    The current EFP allows selection of up to 30 federally-permitted 
commercial Gulf shrimp vessels to test gear that passed the proof-of-
concept testing. The proposed EFP would increase the number of vessels 
to 50. As with the current EFP, the location of proof-of-concept 
testing trial vessels under the proposed EFP would be distributed 
across the Federal Gulf shrimp fishermen and fishing grounds throughout 
the Gulf in water depths of 10-50 fathoms or 18-91 meters (m). During 
testing, fishermen on vessels included in the EFP would be surveyed for 
qualitative information about the new BRDs, and any other use 
recommendations that are needed. Additional BRD information including 
time and difficulty to install, longevity, ease of use (e.g., tangling 
during deployment or retrieval, and shark damage), bycatch and shrimp 
retention characteristics, and overall cost would be collected by the 
applicant to assist with promotion of new BRD designs for industry wide 
usage.
    Vessels in the proposed project would be using experimental BRD 
designs on trips of up to 30 days at sea. Trip duration and the total 
number of tows with experimental BRD gear may vary based on sea 
conditions and vessel business factors at the discretion of the vessel 
operator. During a 30-day trip, approximately 90 tows with BRD-equipped 
shrimp trawls are expected to occur. Tow times, which is the length of 
time the gear is pulled through the water, would be variable between 
different vessels but would be consistent on the same vessel during 
each trip. Typical tow times average 3 hours but vary from 1 to 5 
hours. If all 50 vessels participate and complete each test tow, there 
is the potential for a maximum of 3,000 tows for this phase of the 
project.
    The proposed EFP would be valid through December 31, 2028. As with 
the current EFP, all BRD testing on federally permitted shrimp vessels 
would occur during the course of normal Gulf shrimp fishing operations 
and all of these operations would comply with all other current Federal 
shrimp regulations such as closed areas and size limits.

Experimental BRD Configurations

    Under the proposed EFP, four experimental BRD configurations could 
be tested by the applicant and project vessels. Three of these designs 
are included in the current EFP--Large Mesh Sections, Flapless Turtle 
Excluder Devices, and Composite Panel Variations. Each type of 
experimental BRD to be tested under the proposed EFP is listed and 
summarized below.

Large Mesh Sections

    In the Large Mesh Sections BRD, areas of the trawl net are composed 
of 2-inch (in) or 5-centimeter (cm) or larger stretched mesh that is 
much larger in size than the minimum dimensions of the mesh in the cod 
end of the net where the catch collects, and installed anywhere from 4 
to 8 feet (ft) or 1.2 to 2.4 m from the trawl tie off rings. The larger 
mesh provides openings that make it easier for fish to escape the trawl 
net.

Flapless Turtle Excluder Devices

    The project would test two different designs of flapless turtle 
excluder devices (TEDs) known as the Chauvin TED and the Drury TED. 
These are both top-shooting TEDs, which have an escape opening on the 
net closer to the surface, with PVC pieces placed ahead of the TED 
extension at the leading edge of the escape opening cut in the net. 
These TEDs are designed to work as both a TED and a BRD. However, 
neither TED configuration has been tested as a BRD.
    The Chauvin TED is a top-shooting TED that contains a ``Chauvin 
shrimp deflector,'' which is an allowable TED modification [50 CFR 
223.207(d)(8)]. A modification to the Drury TED is not an allowable TED 
modification. Therefore, if the Drury TED modification is tested under 
this EFP, the applicant would need to obtain an additional TED testing 
permit from NMFS prior to commencement of testing.

Composite Panel Variations

    The Composite Panel BRD is a NMFS-certified design that includes 
two soft panels with two sets of windows that allow fish to escape on 
the bottom side of the net and a secondary component of either a cone 
fish deflector, which is designed to guide fish to the escape windows, 
or a large mesh section installed further down into the net. There is a 
potential for differences in BRD characteristics when used with a top 
versus bottom-shooting TED. There is also potential for differences 
when installed with the escape openings in a top orientation of the 
composite panel as opposed to the current certified design that orients 
the escape openings to the bottom. The EFP would allow for testing of 
configurations that are not already certified for use by NMFS.

Large TED Openings

    Large TED escape openings are certified for industry use to comply 
with the TED requirements but have not been tested as a BRD. The 
triangular cut design shows potential for bycatch reduction. This 
design has an opening with a base no less than 40 in (102 cm) wide 
across the TED frame. The sides of the triangle taper along the bar and 
must each measure no less than 53 in (135 cm). Similar to the flapless 
TEDs, the opening allows fish to escape the net.
    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 testing might 
interfere with managed fisheries without additional authorization. 
Additionally, NMFS may require special protections for Endangered 
Species Act-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 Gulf of Mexico 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.

[[Page 90678]]

    Dated: November 8, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-26763 Filed 11-15-24; 8:45 am]
BILLING CODE 3510-22-P
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