37498 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2For purposes of acoustic exposure modeling, 

seasons include Winter (December–March) and 

Summer (April–November). 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC078] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that a Letter 

of Authorization (LOA) has been issued 

to BHP Billiton Petroleum (GOM) Inc. 

for the take of marine mammals 

incidental to geophysical survey activity 

in the Gulf of Mexico. 

DATES: The LOA is effective from the 

date of issuance through January 31, 

2023. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: Kim 

Corcoran, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in Federal waters of the 

U.S. Gulf of Mexico (GOM) over the 

course of 5 years (86 FR 5322; January 

19, 2021). The rule was based on our 

findings that the total taking from the 

specified activities over the 5-year 

period will have a negligible impact on 

the affected species or stock(s) of marine 

mammals and will not have an 

unmitigable adverse impact on the 

availability of those species or stocks for 

subsistence uses. The rule became 

effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request and Analysis 

BHP plans to conduct zero offset 

vertical seismic profile (VSP) survey 

within Green Canyon Block 564. See 

Attachment 5 of BHP’s application for a 

map. BHP plans to use a 6-element, 

1,500 cubic inch (in3) airgun array. 

Please see BHP’s application for 

additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

BHP in its LOA request was used to 

develop LOA-specific take estimates 

based on the acoustic exposure 

modeling results described in the 

preamble (86 FR 5322, 5398; January 19, 

2021). In order to generate the 

appropriate take number for 

authorization, the following information 

was considered: (1) survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

No VSP surveys were included in the 

modeled survey types, and use of 

existing proxies (i.e., 2D, 3D NAZ, 3D 

WAZ, Coil) is generally conservative for 

use in evaluation of these survey types. 

Summary descriptions of these modeled 

survey geometries are available in the 

preamble to the proposed rule (83 FR 

29212, 29220; June 22, 2018). Coil was 

selected as the best available proxy 

survey type for BHP’s survey because 

the spatial coverage of the planned 

surveys is most similar to the coil 

survey pattern. For the planned survey, 

the source will be hung off of the 

drilling rig above the well. 

Approximately 26 shot stations are 

expected beneath salt, and up to 28 

additional stations from base of salt, 

resulting in 270 maximum shots fired. 

The source will be stationary and thus 

cover no area. The coil survey pattern in 

the model was assumed to cover 

approximately 144 kilometers squared 

(km2) per day (compared with 

approximately 795 km2, 199 km2, and 

845 km2 per day for the 2D, 3D NAZ, 

and 3D WAZ survey patterns, 

respectively). Among the different 

parameters of the modeled survey 

patterns (e.g., area covered, line spacing, 

number of sources, shot interval, total 

simulated pulses), NMFS considers area 


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3The final rule refers to the GOM Bryde’s whale 

(Balaenoptera edeni). These whales were 

subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 

4However, note that these species have been 

observed over a greater range of water depths in the 

GOM than have killer whales. 

covered per day to be most influential 

on daily modeled exposures exceeding 

Level B harassment criteria. Because 

BHP’s planned survey is expected to 

cover no additional area as a stationary 

source the coil proxy is most 

representative of the effort planned by 

BHP in terms of predicted Level B 

harassment. 

In addition, all available acoustic 

exposure modeling results assume use 

of a 72-element, 8,000 in3 array. Thus, 

estimated take numbers for this LOA are 

considered conservative due to the 

differences in both the airgun array (6 

elements, 1,500 in3), and in daily survey 

area planned by BHP (as mentioned 

above), as compared to those modeled 

for the rule. 

The survey is planned to occur for a 

maximum of 2 days in Zone 5. The 

survey may occur in either season. 

Therefore, the take estimates for each 

species are based on the season that has 

the greater value for the species (i.e., 

winter or summer). 

In this case, use of the exposure 

modeling produces results that are 

smaller than average GOM group sizes 

for multiple species (Maze-Foley and 

Mullin, 2006). NMFS’ typical practice in 

such a situation is to increase exposure 

estimates to the assumed average group 

size for a species in order to ensure that, 

if the species is encountered, exposures 

will not exceed the authorized take 

number. However, other relevant 

considerations here lead to a 

determination that increasing the 

estimated exposures to average group 

sizes would likely lead to an 

overestimate of actual potential take. In 

this circumstance, the very short survey 

duration (two days) and relatively small 

Level B harassment isopleths produced 

through use of the 6-element, 1,500 in3

airgun array (compared with the 

modeled 72-element, 8,000 in3 array) 

mean that it is unlikely that certain 

species would be encountered at all, 

much less that the encounter would 

result in exposure of a greater number 

of individuals than is estimated through 

use of the exposure modeling results. As 

a result, in this case NMFS has not 

increased the estimated exposure values 

to assumed average group sizes in 

authorizing take. 

Additionally, for some species, take 

estimates based solely on the modeling 

yielded results that are not realistically 

likely to occur when considered in light 

of other relevant information available 

during the rulemaking process regarding 

marine mammal occurrence in the 

GOM. Thus, although the modeling 

conducted for the rule is a natural 

starting point for estimating take, our 

rule acknowledged that other 

information could be considered (see, 

e.g., 86 FR 5322, 5442 (January 19, 

2021), discussing the need to provide 

flexibility and make efficient use of 

previous public and agency review of 

other information and identifying that 

additional public review is not 

necessary unless the model or inputs 

used differ substantively from those that 

were previously reviewed by NMFS and 

the public). For this survey, NMFS has 

other relevant information reviewed 

during the rulemaking that indicates use 

of the acoustic exposure modeling to 

generate a take estimate for certain 

marine mammal species produces 

results inconsistent with what is known 

regarding their occurrence in the GOM. 

Accordingly, we have adjusted the 

calculated take estimates for those 

species as described below. 

Rice’s whales (formerly known as 

GOM Bryde’s whales) 3 are generally 

found within a small area in the 

northeastern GOM in waters between 

100–400 m depth along the continental 

shelf break (Rosel et al., 2016). Whaling 

records suggest that Rice’s whales 

historically had a broader distribution 

within similar habitat parameters 

throughout the GOM (Reeves et al., 

2011; Rosel and Wilcox, 2014), and a 

NOAA survey reported observation of a 

Rice’s whale in the western GOM in 

2017 (NMFS, 2018). Habitat-based 

density modeling identified similar 

habitat (i.e., approximately 100–400 m 

water depths along the continental shelf 

break) as being potential Rice’s whale 

habitat (Roberts et al., 2016), although a 

‘‘core habitat area’’ defined in the 

northeastern GOM (outside the scope of 

the rule) contained approximately 92 

percent of the predicted abundance of 

Rice’s whales. See discussion provided 

at, e.g., 83 FR 29212, 29228, 29280 (June 

22, 2018); 86 FR 5322, 5418 (January 19, 

2021). 

Although it is possible that Rice’s 

whales may occur outside of their core 

habitat, NMFS expects that any such 

occurrence would be limited to the 

narrow band of suitable habitat 

described above (i.e., 100–400 m). BHP’s 

planned activities will occur in water 

depths of approximately 4,187 ft in the 

central GOM. Thus, NMFS does not 

expect there to be the reasonable 

potential for take of Rice’s whale in 

association with this survey and, 

accordingly, does not authorize take of 

Rice’s whale through this LOA. 

Killer whales are the most rarely 

encountered species in the GOM, 

typically in deep waters of the central 

GOM (Roberts et al., 2015; Maze-Foley 

and Mullin, 2006). The approach used 

in the acoustic exposure modeling, in 

which seven modeling zones were 

defined over the U.S. GOM, necessarily 

averages fine-scale information about 

marine mammal distribution over the 

large area of each modeling zone. NMFS 

has determined that the approach can 

result in unrealistic projections 

regarding the likelihood of encountering 

killer whales. 

As discussed in the final rule, the 

density models produced by Roberts et 

al. (2016) provide the best available 

scientific information regarding 

predicted density patterns of cetaceans 

in the U.S. GOM. The predictions 

represent the output of models derived 

from multi-year observations and 

associated environmental parameters 

that incorporate corrections for 

detection bias. However, in the case of 

killer whales, the model is informed by 

few data, as indicated by the coefficient 

of variation associated with the 

abundance predicted by the model 

(0.41, the second-highest of any GOM 

species model; Roberts et al., 2016). The 

model’s authors noted the expected 

non-uniform distribution of this rarelyencountered species (as discussed 

above) and expressed that, due to the 

limited data available to inform the 

model, it ‘‘should be viewed cautiously’’ 

(Roberts et al., 2015). 

NOAA surveys in the GOM from 

1992–2009 reported only 16 sightings of 

killer whales, with an additional three 

encounters during more recent survey 

effort from 2017–18 (Waring et al., 2013; 

www.boem.gov/gommapps). Two other 

species were also observed on less than 

20 occasions during the 1992–2009 

NOAA surveys (Fraser’s dolphin and 

false killer whale 4). However, 

observational data collected by 

protected species observers (PSOs) on 

industry geophysical survey vessels 

from 2002–2015 distinguish the killer 

whale in terms of rarity. During this 

period, killer whales were encountered 

on only 10 occasions, whereas the next 

most rarely encountered species 

(Fraser’s dolphin) was recorded on 69 

occasions (Barkaszi and Kelly, 2019). 

The false killer whale and pygmy killer 

whale were the next most rarely 

encountered species, with 110 records 

each. The killer whale was the species 

with the lowest detection frequency 

during each period over which PSO data 

were synthesized (2002–2008 and 2009– 

2015). This information qualitatively 


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informed our rulemaking process, as 

discussed at 86 FR 5322, 5334 (January 

19, 2021), and similarly informs our 

analysis here. 

The rarity of encounter during seismic 

surveys is not likely to be the product 

of high bias on the probability of 

detection. Unlike certain cryptic species 

with high detection bias, such as Kogia 

spp. or beaked whales, or deep-diving 

species with high availability bias, such 

as beaked whales or sperm whales, 

killer whales are typically available for 

detection when present and are easily 

observed. Roberts et al., (2015) stated 

that availability is not a major factor 

affecting detectability of killer whales 

from shipboard surveys, as they are not 

a particularly long-diving species. Baird 

et al., (2005) reported that mean dive 

durations for 41 fish-eating killer whales 

for dives greater than or equal to 1 

minute in duration was 2.3–2.4 minutes, 

and Hooker et al., (2012) reported that 

killer whales spent 78 percent of their 

time at depths between 0–10 m. 

Similarly, Kvadsheim et al., (2012) 

reported data from a study of four killer 

whales, noting that the whales 

performed 20 times as many dives to 1– 

30 m depth than to deeper waters, with 

an average depth during those most 

common dives of approximately 3 m. 

In summary, killer whales are the 

most rarely encountered species in the 

GOM and typically occur only in 

particularly deep water. While this 

information is reflected through the 

density model informing the acoustic 

exposure modeling results, there is 

relatively high uncertainty associated 

with the model for this species, and the 

acoustic exposure modeling applies 

mean distribution data over areas where 

the species is in fact less likely to occur. 

NMFS’ determination in reflection of 

the data discussed above, which 

informed the final rule, is that use of the 

generic acoustic exposure modeling 

results for killer whales would result in 

high estimated take numbers that are 

inconsistent with the assumptions made 

in the rule regarding expected killer 

whale take (86 FR 5322, 5403; January 

19, 2021). 

In past authorizations, NMFS has 

often addressed situations involving the 

low likelihood of encountering a rare 

species such as killer whales in the 

GOM through authorization of take of a 

single group of average size (i.e., 

representing a single potential 

encounter). See 83 FR 63268, December 

7, 2018. See also 86 FR 29090, May 28, 

2021; 85 FR 55645, September 9, 2020. 

For BHP’s survey, use of the exposure 

modeling produces an estimate of one 

killer whale exposure. Given the 

foregoing discussion, it is unlikely that 

even one killer whale would be 

encountered during this 2-day survey, 

and accordingly, no take of killer whales 

is authorized through the BHP LOA. 

Based on the results of our analysis, 

NMFS has determined that the level of 

taking authorized through the LOA is 

consistent with the findings made for 

the total taking allowable under the 

regulations. See Table 1 in this notice 

and Table 9 of the rule (86 FR 5322; 

January 19, 2021). 

Small Numbers Determination 

Under the GOM rule, NMFS may not 

authorize incidental take of marine 

mammals in an LOA if it will exceed 

‘‘small numbers.’’ In short, when an 

acceptable estimate of the individual 

marine mammals taken is available, if 

the estimated number of individual 

animals taken is up to, but not greater 

than, one-third of the best available 

abundance estimate, NMFS will 

determine that the numbers of marine 

mammals taken of a species or stock are 

small. For more information please see 

NMFS’ discussion of the MMPA’s small 

numbers requirement provided in the 

final rule (86 FR 5322, 5438; January 19, 

2021). 

The take numbers for authorization, 

which are determined as described 

above, are used by NMFS in making the 

necessary small numbers 

determinations, through comparison 

with the best available abundance 

estimates (see discussion at 86 FR 5322, 

5391; January 19, 2021). For this 

comparison, NMFS’ approach is to use 

the maximum theoretical population, 

determined through review of current 

stock assessment reports (SAR; 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information 

(https://seamap.env.duke.edu/models/ 

Duke/GOM/). For the latter, for taxa 

where a density surface model could be 

produced, we use the maximum mean 

seasonal (i.e., 3-month) abundance 

prediction for purposes of comparison 

as a precautionary smoothing of monthto-month fluctuations and in 

consideration of a corresponding lack of 

data in the literature regarding seasonal 

distribution of marine mammals in the 

GOM. Information supporting the small 

numbers determinations is provided in 

Table 1. 

TABLE 1—TAKE ANALYSIS

Species Authorized 

take 1 Abundance 2 Percent 

abundance 

Rice’s whale ................................................................................................................................. 0 51 n/a 

Sperm whale ................................................................................................................................ 53 2,207 2.4 

Kogia spp ..................................................................................................................................... 3 20 4,373 0.5 

Beaked whales ............................................................................................................................ 232 3,768 6.2 

Rough-toothed dolphin ................................................................................................................ 40 4,853 0.8 

Bottlenose dolphin ....................................................................................................................... 189 176,108 0.1 

Clymene dolphin .......................................................................................................................... 112 11,895 0.9 

Atlantic spotted dolphin ............................................................................................................... 76 74,785 0.1 

Pantropical spotted dolphin ......................................................................................................... 510 102,361 0.5 

Spinner dolphin ............................................................................................................................ 137 25,114 0.5 

Striped dolphin ............................................................................................................................. 44 5,229 0.8 

Fraser’s dolphin ........................................................................................................................... 13 1,665 3.9 

Risso’s dolphin ............................................................................................................................. 33 3,764 0.9 

Melon-headed whale ................................................................................................................... 74 7,003 1.1 

Pygmy killer whale ....................................................................................................................... 17 2,126 0.8 

False killer whale ......................................................................................................................... 28 3,204 0.9 

Killer whale .................................................................................................................................. 0 267 n/a 

Short-finned pilot whale ............................................................................................................... 21 1,981 1.1 

1Scalar ratios were not applied in this case due to brief survey duration. 


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2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used. 3 Includes 1 takes by Level A harassment and 19 takes by Level B harassment. 

Based on the analysis contained 

herein of BHP’s proposed survey 

activity described in its LOA 

application and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes and therefore is of no 

more than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

BHP authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: June 16, 2022. 

Catherine Marzin, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2022–13371 Filed 6–22–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC088] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Exempted 

Fishing Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of an 

application for exempted fishing permit; 

request for comments. 

SUMMARY: NMFS announces the receipt 

of an application for an exempted 

fishing permit (EFP) from the 

Sustainable Seas Technology, LLC. If 

granted, the EFP would authorize the 

applicant to deploy modified black sea 

bass pots with Subsea Buoy Retrieval 

Systems (SBRS) in South Atlantic 

Federal waters off North Carolina, South 

Carolina, Georgia, and Florida. The 

project would continue to examine the 

potential usefulness of SBRSs for use in 

the black sea bass pot component for the 

commercial sector of the snappergrouper fishery in minimizing impacts 

to protected species. 

DATES: Written comments must be 

received on or before July 8, 2022. 

ADDRESSES: You may submit comments 

on the application, identified by 

‘‘NOAA–NMFS–2022–0059’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2022–0059’’ in the 

Search box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: 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 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). 

Electronic copies of the application 

and may be obtained from the Southeast 

Regional Office website at https://

www.fisheries.noaa.gov/black-sea-basspot-experimental-retrieval-projectexempted-fishing-permit-applicationrevision/. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, 727–824–5305; email: 

frank.helies@noaa.gov. 

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. 

Currently, vertical end lines and 

buoys, such as those utilized with black 

sea bass pots in the South Atlantic, 

present an entanglement risk to the 

North Atlantic right whale, a species 

that is listed as endangered under the 

Endangered Species Act (ESA). Each 

fall, some right whales travel from their 

feeding areas in the waters off New 

England and Canada to the shallow, 

coastal waters of North Carolina, South 

Carolina, Georgia, and northeastern 

Florida. SBRSs are a type of fishing gear 

that allows fish traps, including black 

sea bass pots, buoys, and their retrieval 

devices to be stored at depth until 

triggered for retrieval at the surface. 

These gear systems allow for trap and 

pot buoys and vertical lines to exist in 

the water column for minutes instead of 

hours or days, as they are activated via 

acoustic or timed release only when 

fishers are present. As described in the 

application, the applicant believes that 

adaptation of SBRSs or ‘‘ropeless’’ 

systems for black sea bass pot fishing in 

the South Atlantic could reduce the risk 

to these whales and other marine 

animals that are subject to 

entanglements from vertical lines and 

buoys. 

The project seeks to build upon 

previous research and continue to 

examine the potential usefulness of the 

modified black sea bass pot gear in 

minimizing impacts to protected 

species. This would be the third EFP 

authorizing this applicant to conduct 

this type of proposed research. NMFS 

approved the applicant’s first EFP 

(August 24, 2020, through October 20, 

2020) for the pilot research that allowed 

gear testing outside the black sea bass 

pot closed season (85 FR 42831; July 15, 

2020). NMFS approved a second EFP on 

February 2, 2022, to be effective through 

August 31, 2024, that was similar to the 

first EFP but it allowed testing during 

the black sea bass pot closed season (87 

FR 2595; January 22, 2022). Those EFPs 

allowed gear testing in offshore Federal 

waters of North Carolina, South 

Carolina, Georgia, and Florida. 

If granted, this EFP would allow 

similar gear testing throughout the year, 

as discussed below. The EFP would 

exempt limited fishing gear testing 

activities from certain regulations for 

the black sea bass pot component for the 

commercial sector of the South Atlantic 

snapper-grouper fishery, specifically 

gear identification at 50 CFR 

622.177(a)(4), area and seasonal closures 

at 50 CFR 622.183 (622.183(a)(1)(ii)(E), 

622.183(a)(2)(vii)(E), and 622.183(b)(6)), 

black sea bass pot configuration 

restrictions and requirements at 50 CFR 

622.189 (622.189(b), 622.189(e)(1), and 

622.189(g)) and Atlantic large whale 

gear marking requirements at 50 CFR 


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