[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68228-68262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30824]
[[Page 68227]]
_______________________________________________________________________
Part III
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Parts 649 and 697
American Lobster Fishery; Final Rule
Federal Register / Vol. 64, No. 233 / Monday, December 6, 1999 /
Rules and Regulations
[[Page 68228]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 649 and 697
[Docket No. 990105002-9285-03; I.D. 110598D]
RIN 0648-AH41
American Lobster Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final regulations to manage the American lobster
fishery in the Exclusive Economic Zone (EEZ) from Maine through North
Carolina. These final regulations remove existing management measures
issued under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) and replaces them with the
same and a variety of new management measures issued under the
authority of the Atlantic Coastal Fisheries Cooperative Management Act
(ACFCMA). New measures include designation of lobster management areas,
restrictions on fishing gear and tagging requirements for lobster
traps. In addition, these regulations establish an annual regulatory
adjustment process for implementation of additional measures in
consultation with the Atlantic States Marine Fisheries Commission
(Commission). The intent of these regulations, in combination with
state regulations governing the American lobster fishery in non-Federal
waters, is to end overfishing and rebuild stocks of American lobsters.
DATES: Effective January 5, 2000.
ADDRESSES: Copies of supporting documents, including a Final
Environmental Impact Statement and Regulatory Impact Review (FEIS/RIR)
are available from Harold C. Mears, State, Federal and Constituent
Programs Office, NMFS Northeast Region, One Blackburn Drive,
Gloucester, MA 01930. Comments regarding burden estimates should be
sent to: The Regional Administrator, NMFS, 1 Blackburn Drive,
Gloucester, MA 01930, and the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503 (ATTN:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Robert Ross, NMFS, Northeast Region,
978-281-9234.
SUPPLEMENTARY INFORMATION: These final regulations remove existing
regulations issued under the authority of the Magnuson-Stevens Act.
NMFS has withdrawn the approval for the American Lobster Fishery
Management Plan (FMP) because the majority of the lobster fishery
(approximately 80 percent) takes place in state waters. Regulatory
action in the EEZ (3 nautical miles [nm] (5.56 kilometers [km]) to 200
nm (370.4 km) from shore) alone, even a total moratorium on harvesting
lobsters, would not end overfishing of the resource. Adequate state
lobster conservation measures, therefore, are essential to end
overfishing of American lobster. It is clear to NMFS that it is not
possible to meet the rebuilding requirements of the Magnuson-Stevens
Act without full cooperation of the Atlantic coast states. Accordingly,
NMFS is implementing Federal lobster conservation measures in the EEZ
under the authority of the ACFCMA as part of Federal/state cooperative
management.
Section 804(b) of ACFCMA authorizes the Federal government to issue
regulations governing fishing in the EEZ that are compatible with the
effective implementation of the Commission's American Lobster
Interstate Fishery Management Plan (ISFMP) and consistent with the
national standards set forth in section 301 of the Magnuson-Stevens
Act. Given limitations on NMFS to manage the lobster resource
throughout its range, NMFS has determined that regulations under ACFCMA
in conjunction with the ISFMP, constitute the best option for
management of the American lobster resource.
The Commission approved Amendment 3 to the American Lobster ISFMP
in December 1997. The goal of Amendment 3 is to have a healthy lobster
resource and a management regime that provides for a sustained harvest
of lobsters, maintains appropriate opportunities for participation, and
provides for cooperative development of conservation measures by all
stakeholders. Amendment 3 includes recommended measures in Federal
waters as well as in state waters (specific measures are described
later in this preamble), and it establishes a procedure whereby
fishermen, including some who fish exclusively in Federal waters, may
make recommendations for further management measures to meet predefined
targets designed to end overfishing and facilitate stock rebuilding.
The Magnuson-Stevens Act requires NMFS to develop plans to end
overfishing and rebuild overfished stocks. NMFS has identified lobster
as overfished throughout its range. This finding has been confirmed by
an independent review panel convened by NMFS and the Commission.
Therefore, NMFS is required by the Magnuson-Stevens Act to develop a
plan to end overfishing of lobsters and rebuild the lobster fishery.
These regulations, together with a process for working with the
Commission to devise future measures, constitute a plan to meet this
mandate.
On March 27, 1996, NMFS first proposed to withdraw approval of the
FMP and issue complementary regulations under the ACFCMA (61 FR 13478).
NMFS proposed that the final withdrawal of the approval of the FMP, and
the removal of its implementing regulations, would occur upon
completion of an effective state management program developed by the
Commission.
Amendment 3 is a comprehensive plan for managing the lobster
fishery in state and Federal waters. While it does not specify future
steps that are needed to rebuild egg production and end overfishing of
lobster, it does provide a framework for the development of those
measures to rebuild the resource.
Status of Stock
The most recent NMFS assessment of the lobster stock concluded that
it is overfished throughout its range (22nd Northeast Regional Stock
Assessment Workshop Document 96-13, dated September, 1996). Background
information on the status of lobster stocks and the lobster fishery was
presented in the preamble to the proposed rule (64 FR 2708) and is not
repeated here. Additional background is available and contained in a
FEIS/RIR prepared by NMFS for this rule (see ADDRESSES). Lobster
Conservation Measures Currently in Place
Most current management measures and prohibitions for Federal
waters were promulgated under the authority of the Magnuson-Stevens Act
and are codified at 50 CFR part 649. These include:
1. A moratorium on new entrants into the fishery through December
31, 1999,
2. A prohibition on the possession of lobsters bearing eggs or from
which eggs have been removed by any means,
3. A prohibition on the possession of lobster meat and detached
tails, claws or other parts of lobster,
[[Page 68229]]
4. A prohibition on the possession of V-notched lobsters (i.e.,
female lobsters that have carried eggs and are marked with a V-shaped
cut in the tail),
5. A requirement to install a biodegradable ``ghost'' panel in each
trap (to allow lobsters to escape from a lost trap),
6. A minimum carapace size of 3\1/4\ inches (8.26 cm),
7. A requirement to install escape vents on traps,
8. A prohibition on the possession at any time of more than six
lobsters per person when aboard a head, charter, or commercial dive
vessel,
9. A requirement that gear be marked in order to identify the
permit holder,
10. A prohibition on the interstate or international trade of live
whole lobsters smaller than the Federal minimum size, and
11. A landing limit of 100 lobsters (or parts thereof) per day, up
to a maximum of 500 lobsters (or parts thereof) per trip of 5 or more
days for fishermen using non-trap methods (this limit is imposed by
regulations issued under the authority of the ACFCMA and is codified at
50 CFR 697.7).
This final regulation continues all of these measures, as well as
imposes new measures described herein, but implements them under
authority of the ACFCMA instead of the Magnuson-Stevens Act.
Accordingly, this rule removes the lobster regulations currently
codified at 50 CFR part 649 and replaces them with regulations codified
at 50 CFR part 697.
Measures Adopted by the Commission
The states, through adoption of Amendment 3 to the Commission's
American lobster ISFMP, recognized the need to end overfishing and
rebuild stocks of American lobster. Approved in December 1997, this
amendment established an 8 year stock rebuilding schedule to restore
egg production which would be 10 percent or more of the level produced
by an unfished lobster population. The associated management measures
are discussed in the proposed rule (64 FR 2708), and are not repeated
here. The Commission approved Addendum 1 to that amendment on August 3,
1999. That action approved additional area-based measures identified by
the lobster conservation management teams for the seven lobster
conservation management areas, comprised of industry representatives
and established by the Commission. Except for Area 6 (Long Island
Sound), each of the seven areas includes waters under Federal
jurisdiction. The Commission recommended to the Secretary that he
implement compatible regulations in Federal waters. The final
regulations being issued by this rulemaking implement the Commission's
recommendations contained in Amendment 3 of the American Lobster ISFMP.
The Commission's recommendations contained in the more recent Addendum
1, including imposing limitations on fishing for lobster based on
historical participation and fishing practices in selected management
areas, will be evaluated in accordance with Federal rulemaking and
public review procedures. Toward this end, an advance notice of
proposed rulemaking was published on September 1, 1999 (64 FR 47756) to
promote awareness of potential eligibility criteria for future access
to lobster management areas and to discourage shifts in the type of
gear used to harvest lobster by Federal permit holders.
The Commission area-specific management measures currently include:
Area 1, Inshore Gulf of Maine
(1) A 1000 limit on the number of traps a vessel may set in fishing
year 1999, and a 800 trap limit per vessel in fishing year 2000.
(2) A prohibition on the possession of lobsters with a carapace
length greater than 5 inches (12.7 cm).
Area 2, Inshore Southern New England
A plan to cap, and then reduce, the maximum number of traps a
vessel may set.
Area 3, Offshore Waters (Entirely in Federal Waters)
The Commission, in Amendment 3, recommended that NMFS implement a
limit of 2000 traps per vessel. The Commission in Addendum 1 to the
American Lobster ISFMP recommends trap limits based upon historical
participation.
Areas 4, 5 and 6, Long Island and South
Trap reductions based upon historical participation in these
management areas.
Outer Cape Cod Lobster Management Area
The same trap limits as for Area 1, but no maximum carapace size.
The Commission also adopted several measures for state waters which
are not directly related to the trap fishery. For example, under
Amendment 3, it adopted a prohibition on spearing lobsters, and also
established limitations on harvesting lobsters by non-trap gear.
The NMFS Plan
The NMFS Plan retains all current Federal measures for the
management of the lobster fishery, but implements them by regulations
issued under the authority of the ACFCMA. In addition, the following
new measures are implemented to make the Federal plan compatible with
the Commission's American Lobster ISFMP. Note that some measures apply
to all Federal permit holders while others apply only in specific
areas.
1. Moratorium on new entrants into the fishery. There are currently
approximately 3000 vessels with permits to fish for lobster in Federal
waters. Under the current moratorium scheduled to end on December 31,
1999, no new permits are being issued. Persons may enter the fishery
only by purchasing an existing vessel that already has a limited access
permit and then contacting NMFS to request a permit transfer. The
moratorium is continued. This will prevent any increase in the number
of vessels permitted to take lobsters in Federal waters. An increase
could undermine the conservation benefits of other measures.
2. Designation of Lobster Management Areas. In order to be
compatible with the Amendment 3, the boundaries of the lobster
management areas specified by the Commission are adopted. The
coordinates marking the perimeter of the areas are found in the
regulations at Sec. 697.18.
3. Lobster management area designation for vessels fishing for
American lobsters with traps. Owners of vessels that elect to harvest
American lobsters with traps are required to inform NMFS each year of
the lobster management areas they intend to set trap gear in. Beginning
May 1, 2000, vessels issued a limited access American lobster permit
and fishing with traps, in any of the lobster conservation management
areas (specified in Sec. 697.18), must have on board the vessel a
management area designation certificate or valid limited access
American lobster permit specifying the management area(s) the vessel is
allowed to fish in.
For fishing years 2000 and beyond, a vessel owner fishing with
traps capable of catching American lobster must inform NMFS in which
lobster management areas the vessel intends to fish when the vessel
owner applies for or renews his/her limited access American lobster
permit. Once a vessel has been issued a lobster management area
designation certificate or limited access American lobster permit
specifying the lobster EEZ management areas in which the vessel may
fish, no
[[Page 68230]]
changes to the EEZ management areas specified may be made for the
vessel for the remainder of the fishing year unless the vessel becomes
a replacement vessel for another qualified vessel.
A vessel issued a lobster management area designation certificate
or limited access American lobster permit specifying more than one EEZ
management area must abide by the most restrictive management measures
in effect for any one of the specified areas, regardless of the area
being fished, for the entire fishing year.
4. Near-shore area trap limits. In order to cap effort in the near-
shore areas, Federal permit holders fishing in or electing to fish in
Areas 1, 2, 4, 5, 6, the Outer Cape Lobster Management Area and/or only
the Area 2/3 Overlap, are limited to setting a maximum of 1000 traps in
fishing year 1999 and to setting a maximum of 800 traps in fishing year
2000. Further trap limits or alternative conservation equivalent
measures may be required in the future to meet stock rebuilding
objectives. The purpose of this approach is to ensure that the
conservation benefits that might be achieved by other measures are not
lost by further expansion of fishing effort in the near-shore areas.
Alternative and/or additional management measures other than those
pertaining to trap limits will be considered in Federal waters in
accordance with Commission recommendations and the adaptive management
procedures identified in Sec. 697.25 of the regulations.
5. Near-shore area maximum trap size. One way to increase fishing
effort without increasing the number of traps in the water is to
increase the size of those traps. The larger the trap, the more
lobsters it can hold. To minimize this, the size of lobster traps in
the near-shore areas is restricted. To allow Federal permit holders a
phase-in period to replace traps currently being fished that are larger
than those allowed in Amendment 3, a two-step process restricting the
size of traps fished in any nearshore area(s) is implemented.
Beginning January 5, 2000, vessels cannot possess or deploy traps
larger than 25,245 cubic inches (413,690 cubic centimeters) in volume
as measured on the outside portion of the trap, exclusive of runners,
in any nearshore area (Area 1, 2, 4, 5, 6, the Outer Cape Lobster
Management Area, and/or only in the Area 2/3 Overlap). Beginning May 1,
2003, vessels cannot possess or deploy traps larger than 22,950 cubic
inches (376,081 cubic centimeters) in volume as measured on the outside
portion of the trap, exclusive of runners, in any nearshore management
area.
6. Escape vents. Lobster trap gear must have a rectangular escape
vent of at least 5\3/4\ inches by 1\15/16\ inches (14.6 cm by 4.92 cm),
or two circular portals of at least 2\7/16\ inches (6.19 cm) in
diameter.
7. Area 1 maximum carapace size. In order to be compatible with the
Commission's American Lobster ISFMP recommendations, the maximum
carapace size is 5 inches (12.7 cm) in all areas, for Federal permit
holders fishing in or electing to fish in Area 1. The carapace length
is the straight line measurement from the rear of the eye socket
parallel to the center line of the carapace to the posterior edge of
the carapace (the unsegmented shell of the lobster). The purpose of
this measure is to protect large females that are capable of producing
many eggs. This measure will provide increasing conservation benefits
as the number of larger individuals increases in the American lobster
population.
8. Off-shore area trap limits and maximum trap size. Federal permit
holders fishing in, or, electing to fish in Area 3, or only Area 3 and
the Area 2/3 overlap, are limited to setting no more than 2000 traps
from the permitted vessel in fishing year 1999 and no more than 1800
traps from the permitted vessel in fishing year 2000. Further
reductions of this trap limit may be required to meet lobster stock
rebuilding objectives. The size of lobster traps in Area 3 and in the
Area 2/3 overlap also is restricted. To allow Federal permit holders a
phase-in period to replace traps currently being fished that are larger
than those allowed in Amendment 3, a two-step process restricting the
size of traps fished only in Area 3, or only in Area 3 and the Area 2/3
Overlap is implemented.
Beginning January 5, 2000, vessels fishing with traps only in Area
3 or only in Area 3 and the Area 2/3 Overlap cannot possess or deploy a
trap larger than 33,110 cubic inches (542,573 cubic centimeters) in
volume as measured on the outside portion of the trap, exclusive of
runners.
Beginning May 1, 2003, vessels fishing with traps only in Area 3 or
only in Area 3 and the Area 2/3 Overlap cannot possess or deploy a trap
larger than 30,100 cubic inches (493,249 cubic centimeters) in volume
as measured on the outside portion of the trap, exclusive of runners.
Vessels fishing only in Area 3 or only in Area 3 and the Area 2/3
Overlap are allowed a higher maximum number of traps and a larger
maximum trap size in order to offset the additional costs and time
required for fishing offshore. Federal permit holders who fish or elect
to fish in Area 3 and any of the near-shore areas (Areas 1, 2, 4, 5, 6,
and/or the Outer Cape Lobster Management Area), except the Area 2/3
Overlap, are limited to setting a maximum of 1000 traps from the
permitted vessel in fishing year 1999 and to setting a maximum of 800
traps from the permitted vessel in fishing year 2000. Federal permit
holders who elect to fish in Area 3 and any of the near-shore areas
(Areas 1, 2, 4, 5, 6 and/or the Outer Cape Lobster Management Area)
except the Area 2/3 Overlap, are prohibited from setting traps that are
larger than the near-shore maximum size limit. Alternative and/or
additional management measures will be considered in Federal waters in
accordance with Commission recommendations and procedures identified in
Sec. 697.25.
9. Trap tag allocations. As a way to enforce the trap limits for
each lobster management area, effective May 1, 2000, each trap set by a
Federal permit holder must have a trap tag attached to the trap bridge
or central cross-member. Lobster fishermen are required to purchase
tags from NMFS or a NMFS-authorized distributor. On or after January 1,
2000, a permit holder letter will be sent to all eligible Federal
limited access American lobster vessels informing them of the costs
associated with the tagging requirement and directions for obtaining
tags. Each permit holder will be allowed to purchase tags, up to the
maximum number of traps allowed in his or her area(s), plus 10 percent
to cover in-season losses. Those persons fishing in near-shore areas
will be allowed to purchase up to 880 tags in fishing year 2000. Those
persons fishing only in Area 3 or only in Area 3 and the Area 2/3
Overlap will be allowed to purchase up to 1980 tags in fishing year
2000. Tags will only be valid for one year and must be replaced each
year. Tags may not be sold, transferred or given away. The requirement
to affix a tag to each trap, beginning May 1, 2000, will be in lieu of
the current requirement that gear be marked with a vessel's official
number, Federal permit or tag number, or other specified form of
identification.
10. State/Federal coordination. NMFS may consider alternative
tagging programs with cooperating states through appropriate formal
agreements to allow American lobster permit holders to use trap tags
issued by those agencies to fish for lobster in the EEZ in lieu of trap
tags issued by NMFS. NMFS will provide notice, as appropriate, to
American lobster permit holders concerning procedures for procuring
trap tags.
11. Non-trap harvest restrictions. The regulations pertaining to
non-trap
[[Page 68231]]
landing limits that are currently in place are continued. It is
unlawful for a vessel that takes lobster by a method other than traps
to possess, retain on board, or land, in excess of 100 lobsters (or
parts thereof), for each lobster day-at-sea, or part of a lobster day-
at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one
trip, unless otherwise restricted.
12. Modifications to the plan. On or before February 15, 2001, and
at least annually on or before February 15, thereafter, NMFS may
publish a proposed rule for evaluation of additional or different
management measures for Federal waters to meet ISFMP and/or lobster
stock rebuilding objectives. Some of the measures that might be
considered are (1) continued reductions in fishing effort (e.g., number
of traps fished) and (2) increases in the minimum harvestable size.
NMFS will consult with the Commission in the identification of
measures.
NMFS endorses an area management approach which allows industry-
tailored management measures to meet industry needs on an area-by-area
basis. Under this process, NMFS will work in partnership with the
Commission and the states, under the provisions of the American Lobster
ISFMP, in continuing efforts to develop a unified ``seamless'' approach
to bridge state and Federal jurisdictions on an area-by-area basis.
Comments and Responses
NMFS received hundreds of written comments on the American Lobster
proposed rule during the public comment period, which ran from January
11--February 26, 1999. Written comments were received from four members
of the Senate of the United States, three members of the U.S. Congress,
the Mid-Atlantic Fishery Management Council, the Atlantic States Marine
Fisheries Commission, the U.S. Department of Interior, eight state
fishery and environmental protection agencies, one state senator, nine
fishing industry associations, two environmental groups, and 748
individuals. One environmental group and two individuals supported
implementation of the management measures as identified in the proposed
Federal rule for American lobster. Conversely, 642 individuals
submitted letters and postcards that expressed general opposition to
the implementation of management measures in the proposed federal rule
for American lobster. All of the comments were carefully considered.
Concerns or opposition to specific aspects of the proposed Federal rule
are identified and responded to here.
Comment 1: Four hundred and seventy-eight commenters requested that
NMFS delay implementation of management measures until the Commission
approves the LCMT area management plans identified in the American
Lobster ISFMP Amendment 3, addenda 1 and 2, scheduled for public
hearings during 1999.
Response: Selected aspects of the LCMT plans, e.g., management
measures to control fishing effort in some areas based upon historical
fishing practices, were recently approved by the Commission through an
addendum to the American Lobster ISFMP. Approval of other measures
proposed by the LCMTs to end lobster overfishing has been further
postponed until a date uncertain, pending the results of an updated
stock assessment. NMFS believes that continued delay for full
consideration of the LCMT plans until a date yet to be determined by
the Commission jeopardizes needed management measures to protect the
lobster resource. On the basis of the recent ISFMP addendum, an advance
notice of proposed rulemaking was published on September 1, 1999, in
the Federal Register, to seek public comment on the potential for
compatible action to limit fishing effort in the EEZ on the basis of
historical participation. Additional area-specific management measures
in the EEZ, as may be recommended by the Commission under future
revisions to the ISFMP, will be considered under separate rulemaking.
Also, supplemental measures to achieve the ISFMP's objective to end
overfishing of American lobster will be implemented as described in the
preamble to this final rule during subsequent years of the stock
rebuilding period.
All management measures in the final rule, with the exception of
trap tag requirements and the requirement for possession of a
certificate or a permit relating to area management designations,
become effective January 5, 2000. A fishing area certificate or a
permit relating to area management designations and the lobster trap
tag program becomes effective May 1, 2000, coincident with the 2000/
2001 Federal fishing year. The delay of the certificate or a permit
requirement relating to area management designations affords the time
required for notification to Federal lobster permit holders and the
subsequent response and mailing of the certificates or permits. The
delay of the trap tag requirements allows additional time for
coordination of trap tag regulations with the Commission and state
fishery agencies, and will also allow additional time for the selection
of a trap tag vendor and subsequent purchase and deployment of tags by
Federal lobster permit holders coincident with the beginning of the
next fishing year.
Comment 2: Fourteen commenters opposed implementation of uniform
trap limits as described in the proposed rule, and provided
recommendations for alternative methods to determine trap allocations,
especially allocations based on historic trap levels.
Response: The capping and reduction of fishing effort, through
uniform trap limits, is an important first step in reducing lobster
fishing mortality that, when combined with other management measures,
will increase the effectiveness of those measures in achieving ISFMP
objectives to end overfishing and rebuild stocks of American lobster.
The LCMTs have submitted area management proposals to the Commission,
including management measures to control effort (some of which involve
historic participation considerations) and increase egg production. The
Commission adopted a two-phase approach to incorporate the LCMT
recommendations, which will involve two addenda to Amendment 3 to the
ISFMP. Addendum 1 incorporates measures from the LCMT proposals
directed at controlling fishing effort, while other management measures
to rebuild lobster stocks will be addressed in Addendum 2. The
Commission held public hearings during April-May 1999 on Addendum 1,
and will hold additional hearings on Addendum 2 in the future to
receive public comments on egg production objectives and other facets
of lobster management on an area by area basis. Since lobstermen
throughout the range of the resource often fish in more than one
management area, and since the plans vary with respect to proposed
regulatory measures (including trap allocation strategies), these
hearings provide an essential mechanism to enable an integrated public
and policy evaluation of a unified approach for lobster area
management. On August 3, 1999, the Commission approved guidelines as
part of Addendum 1 to Amendment 3 of the ISFMP for the determination of
trap limits based upon historical participation in certain lobster
management areas. As a result of that action, an advance notice of
proposed rulemaking was published on September 1, 1999 (64 FR 47756),
to seek public comment on whether there is a need to restrict access of
Federal permit holders to the lobster EEZ fishery on the basis of
historical participation. Continued Federal rulemaking, along with the
associated biological and
[[Page 68232]]
economic analyses, may be initiated in the near future.
Comment 3: Forty-eight commenters felt that NMFS should adopt a
plan and regulations that more specifically complement the Commission
plan, especially with regard to implementation dates for default
measures, including trap limits and trap tags.
Response: NMFS is attempting to the extent practicable to implement
EEZ regulations compatible with those in state waters identified in the
ISFMP. One of the ISFMP goals is to minimize inconsistencies between
state and Federal management regimes. The successful implementation of
needed measures to achieve lobster management objectives is contingent
not only on the resolve of state agencies to achieve those objectives,
but also by the Commission's timeframe for the technical, public and
policy review of area management proposals. The successful attainment
of management goals is also influenced by the ISFMP's specifications of
mandatory regulations in state waters, the establishment of a
compliance schedule for implementation of those measures, and the
inclusion of recommendations in the ISFMP for actions in the EEZ. Area
management is further challenged by the time required to implement
regulatory measures in state waters on a state by state basis, which
can vary from several days to several months. Similarly, timing of
lobster management measures in the EEZ is subject to Federal
legislative requirements and rulemaking.
With regard to the establishment of a resource-wide trap tagging
program, the Commission recommends an implementation date of January 1,
2000, rather than the May 1, 1999, implementation date for Federal
waters referenced in the proposed rule. Accordingly, NMFS is delaying
the implementation of a trap tag program for Federal lobster permit
holders until the beginning (May 1) of the Federal lobster fishing year
in the year 2000.
In response to public comments, NMFS has decided, beyond fishing
year 2000, not to identify, at this time, continued trap reductions as
a ``default'' management measure. Instead, NMFS will evaluate
forthcoming Commission recommendations for resource-wide management of
American lobster, based upon the Commission's review and approval of
conservation-equivalent proposals submitted by the LCMTs. Thus, NMFS is
attempting to be as compatible as possible with ISFMP implementation
dates, yet retaining the commitment to implement additional management
measures during the stock rebuilding period necessary to end
overfishing and rebuild stocks of American lobster.
Comment 4: Twenty-seven commenters objected to the mutual exclusion
provisions of the proposed rule which would prohibit vessels from
fishing in the offshore area if any nearshore management area was
elected, and would prohibit vessels from fishing in any of the
nearshore management areas if the vessel elected the offshore
management area.
Response: This ``mutual exclusion'' provision has been deleted from
the Federal regulations to be compatible with the Commission's ISFMP
management measures. Accordingly, the final rule allows Federal lobster
permit holders access to both inshore and offshore waters. A vessel
issued a lobster management area designation certificate or limited
access American lobster permit specifying more than one EEZ management
area must abide by the most restrictive management measures in effect
for any one of the specified areas, regardless of the area being
fished, for the entire fishing year.
Comment 5: Several commenters stressed the need for the regulations
to be adaptable for each lobster management area, preferably through
the use of industry LCMTs, to fit the needs and fishing patterns of the
industry in each area.
Response: The regulations were developed to accommodate
consideration of unique management strategies for each of the lobster
management areas. Proposals submitted by the respective LCMTs have been
evaluated and approved by the Commission during the approval procedures
for Addendum 1 to Amendment 3 of the ISFMP. See response to Comment 2.
At such time when the Commission may adopt future modifications to LCMT
proposals, NMFS will consider these changes, along with biological and
socio-economic analyses, through rule-making procedures.
Comment 6: One commenter does not believe that American lobsters
are overfished and, therefore, no additional management measures are
necessary.
Response: NMFS disagrees. The most recent NMFS assessment of the
lobster stock concluded that the resource is overfished throughout its
range (22nd Northeast Regional Stock Assessment Workshop Document 96-
13, dated September 1996).
Comment 7: Eight commenters stated that the measures identified in
the proposed rule do not adequately demonstrate that the proposed
management measures will end overfishing, increase egg production, or
protect the lobster resource.
Response: Management measures in Federal waters alone cannot end
overfishing or rebuild American lobster stocks. Since most of the
lobster fishery takes place in state waters, a joint management
approach in cooperation with the states and Commission is the best way
to protect the lobster resource. NMFS intends to work closely with the
Commission and its LCMTs to implement whatever further compatible
regulations are necessary to end overfishing and rebuild the lobster
resource.
Comment 8: Fifty-six commenters stated that NMFS should revise the
proposed gear marking requirements and allow vessels to continue to use
buoys instead of radar reflectors on lobster trawls containing more
than three traps when fishing within 12 nm (22.2 km) of shore. A
requirement to use radar reflectors would be cost prohibitive,
unnecessary, and could become a hazard to navigation in heavily fished
areas where dense concentrations of reflectors could appear as a solid
land mass on ship radar.
Response: NMFS agrees, and will maintain ``status quo'' gear
marking requirements.
Comment 9: One commenter felt NMFS should not mandate the compass
direction of gear marking trap trawls consisting of more than three
traps, but should allow fishermen to determine the appropriate
direction.
Response: NMFS disagrees. This requirement, contained in current
regulations, is necessary to facilitate the enforcement and
standardization of gear marking practices throughout the range of the
resource.
Comment 10: Several commenters stated that there is no accurate up-
to-date stock assessment or industry information (e.g., landings data,
fishing effort) upon which to base management decisions.
Response: NMFS disagrees. See response to Comment 6. The next stock
assessment, as well as a peer review of that assessment, has been
scheduled by the Commission to take place during the Fall 1999. The
conclusion that American lobster is overfished is based upon the best
available scientific information, as required by the ACFCMA. NMFS
agrees, however, that statistics on landings and fishing effort should
be improved to better characterize the resource and the lobster
fishery, for example, through increased sea sampling and mandatory
reporting at the vessel and dealer level on a trip-
[[Page 68233]]
by-trip basis. The associated requirements for such a program to
monitor the eventual success of fishery management measures are being
developed under the auspices of the State/Federal Atlantic Coastal
Cooperative Statistics Program (ACCSP).
Comment 11: Two commenters felt NMFS should increase the sea
sampling program for vessels using trap gear.
Response: NMFS agrees that there is a need to increase sea
sampling. However, increasing sea sampling is restricted by budgetary
constraints. NMFS has consulted with the Maine Department of Marine
Resources to enhance sea sampling of American lobsters in Maine state
waters during 1999.
Comment 12: Five commenters supported continuation of the current
moratorium on new entrants in the Federal lobster fishery until lobster
is no longer overfished.
Response: The current moratorium has been extended.
Comment 13: Twenty-two commenters felt that license holders with
Federal limited access lobster licenses who have not harvested lobsters
within a predetermined time period should lose their ability to renew
their permits.
Response: Current Federal regulations for Federal American lobster
(limited access) permit holders require annual renewals, but do not
require that the permit be used in order for it to be renewed. The
potential and rationale for requiring participation in the lobster
fishery as a requirement to renewal is currently being evaluated
through an advance notice of proposed rulemaking (64 FR 47756).
Comment 14: Fifteen commenters supported the use of historic
participation and historic trap allocations when determining where a
lobsterman is allowed to fish and how much trap gear an individual may
have in the water at any one time.
Response: Industry-wide evaluation of lobster management area plans
and management alternatives, including historic participation, is being
coordinated through the Commission's adaptive management procedures.
See Response for Comment 2.
Comment 15: Two hundred and three commenters supported
implementation of a management plan for the offshore area proposed by
the Atlantic Offshore Lobstermen's Association (AOLA).
Response: A primary component of the AOLA plan involves a capping
of fishing effort based upon historic participation in the Area 3
fishery. See response to Comment 2.
Comment 16: Five commenters stated that the expansion of the
offshore lobster fishery in the past 10 to 15 years represents a shift
in traditional fishing practices of the industry and should not be the
basis for higher trap allocations.
Response: A higher trap limit in the offshore EEZ (Area 3) is based
upon the Commission's recommendations and the historical character and
economics of that fishery sector. Although not always the case, vessels
in excess of 50 feet (15.24 meters) are required to prosecute the
offshore fishery. Operating expenses are generally higher for these
larger boats. Generally, it has also been necessary for these vessels
to fish a greater number of lobster traps in efforts to increase and
maintain harvest levels to offset the higher operational costs, as well
as to adequately ensure effective fishing operations offshore.
Therefore, in an attempt to achieve parity with inshore vessels in
terms of impacts from reduction in trap limits, a higher trap limit is
justified.
Comment 17: Sixty-two commenters supported the coast-wide
implementation of a maximum carapace size limit, varying from 4\1/4\
(11.43 cm) to 5\1/2\ inches (13.97 cm), for American lobster. Several
of the commenters identified the benefit of maintaining a broodstock of
large, prolific, female egg-bearing lobsters, which also have more
viable and healthier eggs than lobsters at the current minimum legal
size of 3\1/4\ inches (8.26 cm).
Response: This rule implements a 5-inch (12.7 cm) maximum size, as
recommended in Amendment 3 of the Commission's American Lobster ISFMP
for the Area 1 (Gulf of Maine) lobster management area, in part, to
maintain a long standing management measure in this fishing region.
NMFS agrees that the implementation of a maximum size limit has benefit
to the rebuilding of lobster stocks, but this benefit at the current
time is limited, due to the paucity of larger lobsters since most
lobsters are harvested before they become sexually mature. NMFS has
determined that the uncertain benefits of the maximum size limit in
areas other than Area 1 are outweighed by the costs of fishermen
adjusting to such a measure. Nevertheless, the measure has strong
support in the Gulf of Maine fishery as an area-specific regulation,
and has been in place in Maine state waters for a number of years. On
balance, therefore, since the maximum size limit is not a new measure
for many fishermen, continuing the status quo provides some
conservation benefit without introducing new management measures.
Comment 18: Four commenters opposed the coast-wide implementation
of a maximum carapace size limit of 5 inches (12.7cm) for American
lobster. One commenter objected, identifying the high percentage of
larger lobsters its members harvest and the adverse economic impact of
a maximum gauge size would have on its members. Another commenter
identified the need for ``trophy lobsters'' by its members and objected
to implementation of a maximum carapace size limit restriction on the
dive industry.
Response: A maximum size requirement is being implemented only in
Area 1 (Gulf of Maine), as recommended in the ISFMP.
Comment 19: Three commenters expressed general concern about the
continuing buildup in the number of traps fished by individual
fishermen and the resulting increase in fishing effort on the lobster
resource. Commenters stated that the practice of setting traps to stake
out or claim productive fishing areas is becoming more common, and
this, in turn, forces all other lobstermen to increase their traps to
hold on to their existing fishing grounds.
Response: Concern regarding increasing fishing effort in the
American lobster fishery was noted in the Commission's American lobster
ISFMP and the Federal Draft Environmental Impact Statement and
Regulatory Impact Review (DEIS/RIR). Measures under this final rule cap
fishing effort in both the nearshore and offshore EEZ. Further
restrictions on fishing effort may be evaluated under the ISFMP
provisions in future years in order to achieve stock rebuilding
objectives for the American lobster resource.
Comment 20: Fifty-two commenters supported a ban on the harvest of
American lobster by non-trap fishing gear (otter trawls, dredges,
gillnets, diving).
Response: EEZ management measures continue a newly implemented
(March 1998) landing limit of 100 lobsters (or parts thereof) per day,
up to a maximum of 500 lobsters (or parts thereof) per trip of 5 or
more days using non-trap methods. This possession limit allows for a
legitimate bycatch of lobsters by non-trap gear, but creates a
disincentive to target lobsters, thereby eliminating the potential for
an unpredictable increase in effort by fishing vessels that are being
severely restricted in other fisheries. Under this measure, historical
levels of harvest by the non-trap fishery are not anticipated to be
substantively impacted, resulting in a no-net decrease in revenues for
approximately 76 percent of participants in this fishery.
[[Page 68234]]
On the basis of information available to NMFS, additional restrictions
on the non-trap fishing sector, which accounts for approximately 2.2
percent of total annual lobster landings, are not warranted at this
time.
Comment 21: One commenter stated that the proposed Federal
regulations have failed to define a recreational dive vessel, one that
is not a charter boat.
Response: The definition for ``recreational fishing vessel'' has
been clarified in the regulations to exclude ``commercial'' dive
vessels. A commercial dive vessel means any vessel carrying divers for
a per capita fee, a charter fee, or any other type of fee.
Comment 22: One commenter sought clarification on whether the
restricted gear areas apply to the sport diving community.
Response: Restricted gear areas (50 CFR Sec. 697.23) apply only to
lobster traps and mobile gear.
Comment 23: One commenter supported continuation of Federal landing
limits of 100 lobsters (or parts thereof) per day up to a maximum of
500 lobsters (or parts thereof) per trip of 5 days or more on the non-
trap gear sector (otter trawl, dredge, gillnet, divers).
Response: This restriction will be continued in the current
regulations.
Comment 24: One commenter sought clarification on whether Federal
landing limits of 100 lobsters per day up to a maximum of 500 lobsters
per trip of 5 days or more would apply to commercial dive vessels or if
commercial dive vessels would be limited to six lobsters per person on
board.
Response: The possession limits for commercial dive vessels is six
or fewer American lobsters per person on board the vessel. See
Sec. 697.7(c)(2)(i)(C).
Comment 25: Twenty-four commenters opposed any management measure
that would result in an increase in the minimum carapace size of 3\1/4\
inches (8.26 cm).
Response: An increase in the minimum carapace size as a fishery
management measure is not currently included in the Federal
regulations.
Comment 26: Forty-one commenters supported an increase in the
minimum legal size for American lobster. Several proposals recommended
gradual incremental carapace increases spread out over multiple years
with the most support centered on four \1/16\ of an inch (0.159 cm)
increases over a 5-year period. Several commenters felt the gauge
increase provided the single most effective conservation benefit to the
lobster resource of any identified management measure.
Response: Proposals to increase the minimum size of American
lobster have been controversial due to potential and/or perceived
economic impacts of marketing a slightly larger and marginally more
expensive lobster. In addition, there has been concern over the
financial impacts of a minimum size increase on those overseas markets
that prefer a smaller-sized lobster. However, NMFS agrees that an
increase in the minimum legal size has the potential to be an effective
management measure in achieving ISFMP stock-rebuilding objectives. The
potential for achieving this benefit is being evaluated for several
lobster management areas by peer review and deliberations among the
respective LCMTs through the Commission's adaptive management
procedures. In response to recommendations contained in the ISFMP, NMFS
has initiated consultations with the Canadian government concerning
coordination of any future gauge size increases in both U.S. and
Canadian waters.
Comment 27: Sixty commenters supported a Federal requirement to v-
notch the tail section of egg-bearing female lobsters throughout the
range of the resource. Several commenters wanted the definition of what
constitutes a v-notched lobster to match the more restrictive Maine
regulations.
Response: A requirement to v-notch lobsters in Federal waters alone
would not be compatible with the ISFMP, and benefits associated with
the mandatory v-notching of lobsters have been disputed. However, NMFS
has accepted the ISFMP recommendation to continue the prohibition on
the possession of V-notched female lobsters in the EEZ. The current
definition of a v-notched lobster conforms with the Commission's
definition. NMFS is open to further refinement of this definition in
consultation with the Commission.
Comment 28: One commenter opposed v-notching the tail section of
egg-bearing female lobsters, expressing concerns about an increased
likelihood of bacterial infections to the cut tail flipper of v-notched
lobsters and questionable conservation benefits of the practice.
Response: See response for Comment 27.
Comment 29: Eight commenters supported a regulation requiring the
owner-operator to be present on board whenever the vessel is fishing.
Response: Such a regulation at this time has not been considered
for management of American lobster because it has not been proposed
under the ISFMP. However, it is open for future consideration through
the ISFMP's adaptive management procedures, and as may be appropriate,
through subsequent Federal rulemaking procedures.
Comment 30: Several commenters supported the need for a per vessel
trap limit of 800 traps in the nearshore area by fishing year 2000.
Response: For fishing year 1999, the trap limit is 1000 per vessel,
and for fishing year 2000, the trap limit is 800 per vessel.
Comment 31: Six commenters did not support the use of trap limits
as a means to end overfishing of lobsters. Commenters indicated that
trap limits would be too difficult to enforce and felt that trap
reductions would force fishermen to fish more frequently due to
economic necessity, which would increase the risk to personal health
and safety.
Response: Enforcement of a trap tag program has been a topic of
concern and discussion throughout the development of the ISFMP. The
Commission's Law Enforcement Committee, comprised of state and Federal
law enforcement representatives, is addressing how best to enforce trap
tag programs, given the importance of this management measure in
reducing lobster fishing mortality and achieving ISFMP stock rebuilding
objectives for American lobster. The impacts of management measures on
fishing practices and the behavior of fishermen are difficult to
predict. However, NMFS believes that most lobster fishermen will abide
by the trap limits, notwithstanding enforceability concerns of the
measures.
Comment 32: Several commenters wrote in support of implementing
maximum size limits on lobster traps as specified in the Commission's
ISFMP and allowing for an exemption process for individuals with traps
that exceed the specified maximum size.
Response: To phase-in the implementation of a maximum size for
American lobster trap gear in the EEZ, the regulations allow a 10-
percent overage to the maximum trap size recommended by the ISFMP until
May 1, 2003, at which time the maximum trap size will be compatible
with the recommendations in the Commissions ISFMP. This phase-in will
help minimize economic burdens on lobstermen who currently use larger
traps.
Comment 33: Two commenters objected to the implementation of a trap
tag program for Federal permit holders, and identified the measure as
an unfunded Federal requirement that will be expensive to comply with.
[[Page 68235]]
Response: NMFS believes that a trap tag program is an essential
component of the American Lobster ISFMP to help ensure enforceability
of trap limits in both state and Federal waters throughout the range of
the American lobster.
Comment 34: Fifteen commenters supported the implementation of a
trap tag program to enforce proposed trap limits on Federal permit
holders, but stressed the need to implement the requirement in
coordination with the Commission. Commenters also stated that NMFS
should recognize state tagging programs and require only one tag per
trap to avoid duplication.
Response: Implementation of some area management measures, such as
trap limits, may initially result in duplication and/or differences
between state and Federal regulations on a lobster management area by
area basis. NMFS, working with the Commission, will consider ways to
streamline and jointly administer such regulations with cooperating
states through appropriate formal agreements.
Comment 35: One commenter felt the current moratorium on the
issuance of new permits in Federal waters should be eased by allowing a
limited number of new permits for young people in the fishery.
Response: NMFS believes that this would be counter to the
objectives of the moratorium and the ISFMP goals during the American
lobster stock rebuilding period.
Comment 36: Thirty commenters supported increasing the minimum size
of required rectangular escape vents from 1\3/4\ inches (4.45 cm) by
5\3/4\ inches (14.61 cm) up to 1\15/16\ inches (4.92 cm) by 5\3/4\
inches (14.61 cm). A complementary circular vent size increase
providing equivalent conservation was also supported.
Response: Federal regulations will implement increased sizes of
escape vents for all lobster traps deployed or possessed in the EEZ, or
deployed, or possessed on or from a vessel issued a Federal limited
access lobster permit. The specifications for escape vents are: a
rectangular portal with an unobstructed opening not less than 1\15/16\
inches (4.92 cm) by 5\3/4\ inches (14.61 cm) or two circular portals
with unobstructed openings not less than 2\7/16\ inches (6.19 cm) in
diameter.
Comment 37: Twenty-six commenters objected to an increase in the
minimum size of required rectangular escape vents, arguing that the
increased vent size would allow legal lobsters to escape from the trap.
Response: The implementation of an increased vent size, as
recommended in the ISFMP, is a necessary component of measures to
rebuild stocks of American lobster, i.e., to help ensure the escapement
of sub-legal size lobsters.
Comment 38: Fourteen commenters stated that NMFS should implement
measures, including a control date, which would maintain the current
structure of the industry and prevent vessels from shifting from non-
trap gear to trap gear.
Response: The potential for a shift in effort from non-trap gear to
trap gear is difficult to predict based on information before the
agency at this time. The design and rationale of measures to address
this potential, given this lack of information, is not possible without
a more comprehensive evaluation of this concern. NMFS will consider
public comments on potential limited access through the Advance Notice
of Proposed Rulemaking that was published on September 1, 1999 (64 FR
47756).
Comment 39: One commenter supported the implementation of a
prohibition on spearing lobsters.
Response: This prohibition is included in the final rule.
Comment 40: Several commenters objected to the boundary line
between the Area 1 and Area 3 lobster management areas that occurs
farther offshore from the line approved under the American Lobster FMP.
Response: Designation of the boundary line as currently defined
reflects the current consensus, in collaboration with the lobster
industry, as referenced in Amendment 3 to the American Lobster ISFMP.
Comment 41: Two individuals supported the use of seasonal closures
to all lobster fishing as a management measure to end overfishing of
lobster and allow for better enforcement of proposed Federal trap
limits.
Response: Seasonal closures as a management approach have not been
evaluated under the ISFMP. Such closures may be, however, appropriate
for public review and consideration through deliberations of the LCMTs.
Comment 42: Six commenters proposed that the entire Gulf of Maine
north of 42 deg. should be one management area, primarily to ensure
enforcement of the 5 inch (12.7 cm) maximum carapace size prohibition
in the offshore areas of the Gulf of Maine.
Response: This suggestion would not be compatible with the lobster
area designations, and associated boundary lines, recommended by the
Commission and its member states under Amendment 3 to the ISFMP. The
waters north of 42 deg. encompass separated portions of Lobster
Management Area 1, the Outer Cape Management Area, and Lobster
Management Area 3.
Comment 43: Six commenters expressed concern that restrictive trap
limits and trap reductions in Federal waters would result in a shift of
effort to state waters with less restrictive regulations.
Response: The trap limits in Federal waters for fishing years 1999
and 2000 are similar to the trap limits for state waters in the Gulf of
Maine and southern New England, as recommended in the ISFMP. There will
be an annual adjustment of additional or different management measures
for Federal waters which may include, but not be limited to, continued
reductions in fishing effort and/or other management area-specific
measures as may be recommended by the Commission to end overfishing and
rebuild stock of American lobster. The behavior of fishermen and
associated fishing practices, which may occur due to differing
management measures in state and Federal waters, are difficult to
predict. The potential impacts if they occur can be addressed through
the ISFMP's adaptive management provisions, and adjustments to EEZ
regulations for American lobster can be accomplished through Federal
rulemaking procedures.
Comment 44: One commenter felt that the entire offshore management
area 3 should be closed to the harvest of American lobster to protect
the population of large lobsters which may replenish the nearshore
areas with larval and juvenile lobsters.
Response: NMFS is aware of no compelling information which would
justify closure of the Area 3 fishery to attain ISFMP objectives. In
the absence of this information, such an action would not be based on
the best scientific information available and would not be fair and
equitable to the offshore EEZ industry sector. Geographical and
seasonal closures of management areas or portions thereof, are a
possible regulatory measure which may be potentially considered under
the adaptive management provisions of the ISFMP.
Comment 45: One commenter identified the need to prevent or reduce
mortality on softshell lobsters, lobsters which have just molted or
shed their shell.
Response: Although NMFS agrees that it is important to protect
softshell lobster, specific regulations for their protection have not
been proposed under the ISFMP. Appropriate management measures, in
consultation with the LCMTs, can be addressed during future years of
the American
[[Page 68236]]
lobster stock rebuilding period through the ISFMP adaptive management
provisions.
Comment 46: One commenter supported implementation of lobster
management area lines in Federal waters, as specified in the
Commission's lobster ISFMP Amendment 3.
Response: The final rule implements the lobster management areas as
specified in Amendment 3 of the ISFMP.
Comment 47: Twenty-five commenters expressed concern that the trap
limits specified in this final rule could actually result in an
increase in the number of traps fished. Commenters identified concerns
over allowing permit holders currently fishing less than the proposed
limits to increase their traps up to the proposed limit. In addition, a
larger trap limit in Management Area 3 may attract nearshore vessels
into Area 3, thereby increasing effort in the offshore fishery.
Response: The behavior of fishermen and associated changes in
fishing practices may or may not occur, and are difficult to predict.
See response to Comment 45. NMFS questions whether new trap limits in
nearshore and offshore EEZ waters would actually attract vessels to
Area 3, since Federal permit holders fishing only in nearshore waters
have always had this option. Those who have historically fished
nearshore, and now opt to fish both nearshore and offshore, would have
to abide by the stricter nearshore trap limits, regardless of where the
fishing for lobster occurs.
Comment 48: Seven commenters stated that proposed trap limits and
escape vent regulations would create economic hardship for Federal
permit holders who have historically fished primarily for black sea
bass and also hold a Federal lobster permit. Commenters recommended an
exemption or waiver for vessels legally fishing for black sea bass so
the traps could be fitted with nonconforming escape vents and still
retain American lobster.
Response: A previous evaluation of this suggestion in 1986 (51 FR
19210) under the New England Fishery Management Council's FMP concluded
that such a measure is not justified or appropriate for management of
the lobster resource. Such a measure could have the unintended effect
of creating a loophole for Federal permit holders intending to fish
primarily for black sea bass and yet would allow the retention of a
significant harvest of lobsters, and would compromise the
enforceability of the vent size requirement in the lobster fishery.
NMFS concludes that, on balance, the need to maintain the integrity of
the vent size requirement, and its benefits as a lobster management
measure, outweigh the loss resulting from a possible but unquantified
escapement of black sea bass through the required size vents of trap
fishing gear. The final rule minimizes hardship on Federal permit
holders, while initiating necessary additional management measures to
end overfishing and rebuild stocks of American lobster. The rule
requires vessels with a Federal limited access lobster permit fishing
with traps to comply with lobster escape vent requirements specified in
Sec. 697.21(c).
Comment 49: Five commenters stated the need to allow vessels to
fish under their particular area regulations for Area 2 or Area 3 when
fishing in the area defined as the Area 2/3 Overlap.
Response: NMFS has made this change to the regulations.
Comment 50: One commenter asked why replacement tags will be
limited to only 10 percent of the annual trap tag allocation.
Response: The 10-percent initial limitation for replacement tags is
based upon the successful implementation of an identical limitation in
a trap tag program which has been in existence in Maine waters for a
number of years, and upon Commission recommendations for future
implementation of trap tag programs in state and Federal waters. These
recommendations were developed jointly among state, NMFS, industry, and
law enforcement representatives to provide uniformity between state and
Federal programs. The 10-percent initial limitation also serves to
streamline the administrative logistics of a trap tag program in
Federal waters and minimizes potential abuse of trap tag allocations.
The regulations provide for reissuance of lobster tags above the 10-
percent annual tag allocation to accommodate catastrophic loss of tags.
A request for the reissuance of tags above the 10-percent limit must be
submitted in writing to the Regional Administrator and a decision will
be reached in the number of replacement tags, if any, to be issued, on
a case-by-case basis.
Comment 51: One commenter requested that NMFS recognize and respect
the Commission's management tool of conservation equivalency which
allows states to develop management measures which are equal to, or
more restrictive than, what is called for in the ISFMP.
Response: NMFS agrees and acknowledges the provisions for
conservation equivalency in the ISFMP. As conservation equivalent
measures are proposed and approved by the Commission, NMFS will
evaluate such measures and, as appropriate, consider them for
implementation in the EEZ through Federal rulemaking procedures.
Comment 52: One commenter stated that lobstermen fishing
exclusively in state waters should not be limited to Federal trap
limits, even if they hold a Federal lobster permit.
Response: NMFS disagrees. Federal lobster permit holders must abide
by stricter Federal regulations, when such regulations exist, even when
fishing in state waters. This promotes enforceability and consistency
between state and Federal jurisdictions. A vessel fishing exclusively
in state waters has the option of turning in the Federal permit.
Comment 53: One commenter asked for clarification on whether
federally permitted lobster fishermen could sell their lobsters to
federally permitted dealers only or to other dealers, as well.
Response: Current and continuing regulations prohibit the sale of
American lobster by federally permitted vessels to any dealer, unless
the dealer has a valid Federal dealer's permit to purchase, possess, or
receive for a commercial purpose, American lobster.
Comment 54: Several commenters stated that NMFS should implement
horsepower and vessel length restrictions that have been implemented in
other Federal fisheries to curb an increase in fishing effort in the
offshore fishery.
Response: Although such restrictions could provide a disincentive
for inshore vessels to participate in the offshore EEZ fishery, the
lobster fishery has historically, and continues to be, primarily an
inshore fishery. Horsepower and vessel length restrictions however,
have recently been recommended by the ASMFC for the offshore fishery,
and may be evaluated through future Federal rulemaking procedures.
Comment 55: One commenter asked for clarification on several
aspects of the Federal regulations (Sec. 697.12) concerning at-sea sea
sampler/observer coverage; specifically, can a lobster vessel continue
to fish once notified that the vessel has been selected to take a sea
sampler/observer; does the sea sampler/observer provide his/her own
liability insurance; and does the sea sampler/observer provide his/her
safety equipment such as the survival suit?
Response: Once a vessel is requested to carry a NMFS-approved area
sea sampler/observer, that vessel may not engage in any lobster fishing
operations unless a sea sampler/observer is on board, or until NMFS
waives the
[[Page 68237]]
requirement. It would be the responsibility of the vessel owner to
arrange for and facilitate sea sampler/observer placement. In similar
situations for other fisheries, NMFS has helped arrange or provided
guidance regarding liability coverage and access to survival gear. See
the regulations at 50 CFR 600.746.
Comment 56: Several commenters asked NMFS to specify more clearly
the ghost panel requirement, since no trap is made entirely of wood.
Response: The requirements relating to a ghost panel for lobster
traps not constructed entirely of wood have been clarified and are
specified in Sec. 697.21(d).
Comment 57: One commenter noted that the approved Area 1 line
heading west does not hit land at the northernmost part of Cape Cod, MA
and requested NMFS look closely at this line and work with the
Commission to correct this error.
Response: This oversight was acknowledged during public hearings
relating to proposed addendum 1 to the ISFMP. Accordingly, this final
rule changes the Area 1 line to reflect the correction proposed by the
Commission.
Comment 58: One commenter opposed the proposed Federal requirement
to display lobsters traps for an on-shore count, upon request by an
authorized officer, to verify the number of lobster traps being fished
in compliance with limits on lobster trap allocations.
Response: NMFS agrees, and concludes that the proposed regulation
is burdensome and ineffective for the intended purpose of ensuring
compliance with the trap limit requirement, and, therefore, has deleted
the provision.
Comment 59: Several commenters opposed the wording requiring
notification of lost trap tags as not practical, and stated that NMFS
should reconsider this provision.
Response: NMFS has reconsidered the logistics requiring
notification of lost tags, and has increased the notification from 24
hours to ``as soon as feasible, but not more than 7 days after tags
have been discovered lost.'' This notification may be made by letter or
fax to the Regional Administrator.
Comment 60: Seven commenters requested that NMFS extend the comment
period to allow adequate time to review and respond to measures
described in the proposed Federal rule.
Response: NMFS extended the public comment period from February 10,
1999, to February 26, 1999. A second request to further extend this
period through March 15, 1999, was not approved, since the February 26
extension was determined to afford adequate time for the public to
provide comments on the proposed rule.
Comment 61: One commenter requested NMFS review the coordinates
identifying points Q and R which delineate the boundary for Area 6 in
Sec. 697.31, which describe the lobster management areas. The commenter
stated that these coordinates have been transposed by the Commission
and in the proposed Federal rule.
Response: NMFS has made this correction for both Area 2 and Area 6.
Changes From the Proposed Rule
Changes were made to several sections of the proposed rule to
clarify the measures, respond to public comments, and to ensure
consistency with other fishery regulations. Changes were made as
follows:
In Sec. 697.2, the definition of ``dealer'' was added.
In Sec. 697.2, the definition of ``Dive boat'' was modified to add
the word ``commercial'' and the word ``boat'' was changed to
``vessel''. The intent of this modification is to clarify and
differentiate any vessel carrying divers for a per capita fee, a
charter fee, or any other fee, from other recreational fishing vessels
where any lobsters taken are not intended to be, or are not, traded,
bartered, or sold.
In Sec. 697.2, the definition of ``recreational fishing'' was
added.
In Sec. 697.2, the definition of ``recreational fishing vessel''
was added.
In Sec. 697.2, the definition of ``scrubbing'' was removed. The
reference to the definition occurred in Sec. 697.20 ``Size, harvesting
and landing requirements'' in paragraph (e) which has been more clearly
described as ``Removal of eggs'', eliminating the need to define the
word ``scrubbing'.
In Sec. 697.2, the definition of ``trap'' was revised to include
the sentence ``Red crab fishing gear, fished deeper than 200 fathoms
(365.8 m), is gear deemed not to be a trap for the purposes of this
part, and is not subject to the provisions of this part.''. The
exemption from lobster regulations for red crab fishing gear is in
existing regulations and was added because it was inadvertently omitted
in the proposed rule.
In Sec. 697.4, paragraph (a)(1), the text was revised to more
clearly indicate that vessels currently holding a limited access
American lobster permit issued under Sec. 649.4 do not need to renew
their existing permit upon transfer of management authority from the
Magnuson-Stevens Act to the ACFCMA.
In Sec. 697.4, paragraph (a)(3), the text regarding change of
ownership was revised by adding the phrase ``and management area
designation, when required'' to clearly indicate that lobster
management area designations are presumed to transfer with the vessel
whenever it is bought, sold, or otherwise transferred, unless there is
written agreement, signed by the transferor/seller and transferee/
buyer, or other credible written evidence, verifying that the
transferor/seller is retaining the vessel's fishing and permit history
for the purposes of replacing the vessel.
In Sec. 697.4, paragraph (a)(7), was redesignated as (a)(7) and the
text was simplified. Paragraph (a)(7) was expanded to more clearly
indicate the date of implementation for the management area designation
requirement is specified as May 1, 2000, and now includes text on the
management area designation requirements previously located at
Sec. 697.32(a). See the text describing additional Sec. 697.32
revisions located further along in this section.
In Sec. 697.4, paragraph (c), the phrase ``lobster management area
designation, as specified in Sec. 697.18, the vessel will fish if
fishing with traps capable of catching American lobster'' was added to
the vessel permit requirements, to incorporate the requirement to
declare the lobster management area(s) the vessel will specify, as part
of the annual permit renewal process.
In Sec. 697.4, paragraph (d) was added to consolidate and clarify
the trap tag information requirements for vessels fishing with traps,
previously located at Sec. 697.34(a).
In Sec. 697.5, paragraphs (d), (e), (f), and (k) were revised to
eliminate a referral to see similar text found in Sec. 697.4 and, in
place of the referral, text was added to specifically apply to
requirements for operator permits.
In Sec. 697.6, paragraphs (b), (c), (r), (i), (j), (k), and (m)
were revised to eliminate a referral to see similar text found in
Sec. 697.4 and Sec. 697.5 and, in place of the referral, text was added
to specifically apply to requirements for dealer permits.
In Sec. 697.7, paragraphs (c), (d), and (e) containing all lobster
prohibitions and presumptions were revised and consolidated under
paragraph (c) for clarity. Paragraph (c)(1) now contains prohibitions
previously identified as (c), paragraph (c)(2) now contains
prohibitions previously identified as (e), and paragraph (c)(3) now
contains prohibitions previously identified as (d) in the proposed
rule. Paragraph (d) now
[[Page 68238]]
contains prohibitions for Atlantic sturgeon.
In Sec. 697.7, paragraph (c), redesignated as (c)(1), the phrase
``or a vessel or person holding a valid State of Maine American lobster
permit or license and fishing under the provisions of and under the
areas designated in Sec. 697.24 to do any of the following:'' is a
continuation of existing regulations inadvertently omitted from the
proposed rule text and was added back to the prohibitions. On October
11, 1996, the Sustainable Fisheries Act (SFA) was signed into law and
amended, among other statutes, the ACFCMA (16 U.S.C. 5101 et seq.) to
allow fishing for lobster by vessels issued Maine State American
lobster permits in designated areas of the EEZ. These areas are often
referred to as Maine pocket waters. The SFA provides that any person
holding a valid permit issued by the State of Maine may engage in
lobster fishing in these pocket waters, if such fishing is in
accordance with all other applicable Federal and state regulations.
These pocket waters are small areas of the EEZ that lie between two
areas of State waters, created by islands near the coast of Maine.
In Sec. 697.7, paragraph (c)(1)(vii) was added to the Prohibitions
section to make it unlawful for any person owning or operating a vessel
issued a Federal limited access American lobster permit under
Sec. 697.4 or a vessel or person holding a valid State of Maine
American lobster permit or license and fishing under the provisions of
and under the areas designated in Sec. 697.24 to possess, deploy, fish
with, haul, harvest lobster from, or carry aboard a vessel trap gear in
excess of the trap limits specified in Sec. 697.19. This management
requirement was identified under management measures in the Proposed
Rule, but was inadvertently omitted from the prohibition section at
that time.
In Sec. 697.7, paragraph (c)(1) (xix) and (xx) were added to the
Prohibitions section to make it unlawful for any person owning or
operating a vessel issued a Federal limited access American lobster
permit under Sec. 697.4 or a vessel or person holding a valid State of
Maine American lobster permit or license and fishing under the
provisions of and under the areas designated in Sec. 697.24 to refuse
or fail to carry a sea sampler/observer if requested to do so by the
Regional Administrator, or to fail to provide a sea sampler/observer
with required food, accommodations, access, and assistance, as
specified in Sec. 697.12. This management requirement was identified
under management measures in the proposed rule, but was inadvertently
omitted from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(1)(xxi) was added to the prohibitions
section to make it unlawful to for any person owning or operating a
vessel issued a Federal limited access American lobster permit under
Sec. 697.4 or a vessel or person holding a valid State of Maine
American lobster permit or license and fishing under the provisions of
and under the areas designated in Sec. 697.24 to violate any terms of a
letter authorizing exempted fishing pursuant to Sec. 697.22 or to fail
to keep such letter aboard the vessel during the time period of the
exempted fishing. This management requirement was identified under
management measures in the proposed rule, but was inadvertently omitted
from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(1)(xxii) was added to the Prohibitions
section to make it unlawful for any person owning or operating a vessel
issued a Federal limited access American lobster permit under
Sec. 697.4 or a vessel or person holding a valid State of Maine
American lobster permit or license and fishing under the provisions of
and under the areas designated in Sec. 697.24 to possess, deploy, fish
with, haul, harvest lobster from, or carry aboard a vessel any trap
gear on a fishing trip in the EEZ from a vessel that fishes for, takes,
catches, or harvests lobster by a method other than traps. This
management requirement was identified under management measures in the
Proposed Rule, but was inadvertently omitted from the prohibition
section at that time.
In Sec. 697.7, paragraph (c)(1)(xxiii) was added to the
Prohibitions section to make it unlawful for any person owning or
operating a vessel issued a Federal limited access American lobster
permit under Sec. 697.4 or a vessel or person holding a valid State of
Maine American lobster permit or license and fishing under the
provisions of and under the areas designated in Sec. 697.24 to fish
for, take, catch, or harvest lobster on a fishing trip in or from the
EEZ by a method other than traps, in excess of 100 lobsters (or parts
thereof) for each lobster day-at-sea or part of a lobster day-at-sea,
up to a maximum of 500 lobsters (or parts thereof) for any one trip
unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A),
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was
identified under management measures in the proposed rule, but was
inadvertently omitted from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(1)(xxiv) was added to the prohibitions
section to make it unlawful for any person owning or operating a vessel
issued a Federal limited access American lobster permit under
Sec. 697.4 or a vessel or person holding a valid State of Maine
American lobster permit or license and fishing under the provisions of
and under the areas designated in Sec. 697.24 to possess, retain on
board, or land lobster by a vessel with any non-trap gear on board
capable of catching lobsters, in excess of 100 lobsters (or parts
thereof) for each lobster day-at-sea or part of a lobster day-at-sea,
up to a maximum of 500 lobsters (or parts thereof) for any one trip
unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A),
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was
identified under management measures in the proposed rule, but was
inadvertently omitted from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(1)(xxv) was added to the prohibitions
section to make it unlawful for any person owning or operating a vessel
issued a Federal limited access American lobster permit under
Sec. 697.4 or a vessel or person holding a valid State of Maine
American lobster permit or license and fishing under the provisions of
and under the areas designated in Sec. 697.24 to transfer or attempt to
transfer American lobster from one vessel to another vessel. This
management requirement was identified under management measures in the
proposed rule, but was inadvertently omitted from the prohibition
section at that time.
In Sec. 697.7, paragraph (c)(1)(xxvi) was added to the prohibitions
section to make it unlawful, beginning May 1, 2000, for any person
owning or operating a vessel issued a Federal limited access American
lobster permit under Sec. 697.4 or a vessel or person holding a valid
State of Maine American lobster permit or license and fishing under the
provisions of and under the areas designated in Sec. 697.24 to possess,
deploy, fish with, haul, harvest lobster from, or carry aboard a vessel
any trap gear in or from the management areas specified in Sec. 697.18,
unless such fishing vessel has been issued a valid management area
designation certificate or valid limited access American lobster permit
specifying such management area(s) as required under Sec. 697.4(a)(7).
This management requirement was identified under management measures in
the proposed rule, but was inadvertently omitted from the prohibition
section at that time.
[[Page 68239]]
In Sec. 697.7, paragraph (c)(2), redesignated as (c)(1)(ii), the
phrase ``up to the time when a dealer receives or possesses American
lobster for a commercial purpose,'' was added to clarify that the
prohibition against possession of lobster parts in violation of the
mutilation standards applies up to the point of possession by a
licensed dealer.
In Sec. 697.7, paragraph (c)(2)(vi) was added to the prohibitions
section to make it unlawful for any person to assault, resist, oppose,
impede, harass, intimidate, or interfere with or bar by command,
impediment, threat, or coercion any NMFS-approved sea sampler/observer
aboard a vessel conducting his or her duties aboard a vessel, or any
authorized officer conducting any search, inspection, investigation, or
seizure in connection with enforcement of this part, or any official
designee of the Regional Administrator conducting his or her duties.
This management requirement was identified under management measures in
the proposed rule, but was inadvertently omitted from the prohibition
section at that time.
In Sec. 697.7, paragraph (c)(2)(vii) was added to the prohibitions
section to make it unlawful for any person to refuse to carry a sea
sampler/observer if requested to do so by the Regional Administrator.
This management requirement was identified under management measures in
the proposed rule, but was inadvertently omitted from the prohibition
section at that time.
In Sec. 697.7, paragraph (c)(2)(viii) was added to the prohibitions
section to make it unlawful for any person to refuse reasonable
assistance to either a NMFS-approved sea sampler/observer conducting
his or her duties aboard a vessel. This management requirement was
identified under management measures in the proposed rule, but was
inadvertently omitted from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(2)(xvi) was added to the prohibitions
section to make it unlawful for any person to violate any terms of a
letter authorizing exempted fishing pursuant to Sec. 697.22 or to fail
to keep such letter aboard the vessel during the time period of the
exempted fishing. This management requirement was identified under
management measures in the proposed rule, but was inadvertently omitted
from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(2)(xvii) was added to the prohibitions
section to make it unlawful for any person to possess, deploy, fish
with, haul, harvest lobster from, or carry aboard a vessel any trap
gear on a fishing trip in the EEZ from a vessel that fishes for, takes,
catches, or harvests lobster by a method other than traps. This
management requirement was identified under management measures in the
proposed rule, but was inadvertently omitted from the prohibition
section at that time.
In Sec. 697.7, paragraph (c)(2)(xviii) was added to the
prohibitions section to make it unlawful for any person to fish for,
take, catch, or harvest lobster on a fishing trip in or from the EEZ by
a method other than traps, in excess of 100 lobsters (or parts thereof)
for each lobster day-at-sea or part of a lobster day-at-sea, up to a
maximum of 500 lobsters (or parts thereof) for any one trip unless
otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i),
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was
identified under management measures in the proposed rule, but was
inadvertently omitted from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(2)(xix) was added to the prohibitions
section to make it unlawful for any person to possess, retain on board,
or land lobster by a vessel with any non-trap gear on board capable of
catching lobsters, in excess of 100 lobsters (or parts thereof) for
each lobster day-at-sea or part of a lobster day-at-sea, up to a
maximum of 500 lobsters (or parts thereof) for any one trip unless
otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i),
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was
identified under management measures in the proposed rule, but was
inadvertently omitted from the prohibition section at that time.
In Sec. 697.7, paragraph (c)(2)(xx) was added to the prohibitions
section to make it unlawful for any person to transfer or attempt to
transfer American lobster from one vessel to another vessel. This
management requirement was identified under management measures in the
proposed rule, but was inadvertently omitted from the prohibition
section at that time.
In Sec. 697.7, paragraph (c)(7), redesignated as (c)(1)(viii), the
word ``trap'' was added to clarify NMFS' intent to exclude non-trap
gear from the trap gear requirements to mark, vent, tag, panel, and
limit the maximum trap size.
In Sec. 697.7, paragraphs (c)(1)(ix) through (c)(1)(xiii) were
added to address the lag in implementation of the lobster trap tag
requirements, which will also replace the existing gear marking
requirements, effective May 1, 2000.
In Sec. 697.7, paragraph (e)(1), redesignated as (c)(2)(i),
paragraph (E) was added. This text, which addresses the regulations
relating to the areas often referred to as Maine pocket waters, was
inadvertently omitted from the proposed rule text, and is a
continuation of existing regulations.
In Sec. 697.7, paragraph (e)(2), redesignated as (c)(2)(ii), the
phrase ``or unless the vessel or person holds a valid State of Maine
American lobster permit or license and is fishing under the provisions
of and in the areas designated in Sec. 697.24.'' was added. This text,
which addresses the regulations relating to the areas often referred to
as Maine pocket waters, was inadvertently omitted from the proposed
rule text, and is a continuation of existing regulations.
In Sec. 697.7, paragraph (e)(5), redesignated as (c)(2)(v), the
phrase ``or one holding or owned or operated by one holding a valid
State of Maine American lobster permit or license and fishing under the
provisions of and in the areas designated in Sec. 697.24,'' was added.
This text, which addresses the regulations relating to the areas often
referred to as Maine pocket waters, was inadvertently omitted from the
proposed rule text, and is a continuation of existing regulations.
In Sec. 697.7, paragraph (d)(1), redesignated as (c)(3)(i), the
phrase ``or parts thereof'' was added to the first sentence to clarify
the intent to include lobster parts as well as whole lobsters taken in
violation of Federal regulations. The word ``whole'' was added to the
first sentence to clarify dealer possession requirements. The words
``or foreign'' was added to the second sentence to clarify that
lobsters harvested by non-U.S. vessels in a foreign country are
exempted from the identified Federal regulations.
In Sec. 697.7, paragraph (d)(2), redesignated as (c)(3)(ii), in the
first sentence, the phrase ``or parts thereof possessed at or prior to
the time when the parts are received by a dealer'' was added to clarify
that possession of parts prior to possession by a dealer is prohibited.
In the same sentence, the phrase ``or parts thereof'' was added to
clarify that possession of parts prior to possession by a dealer is
prohibited.
In Sec. 697.8, paragraph (d) was revised by adding the phrase
``over 25 ft (7.6 m) in registered length, fishing in the EEZ and'' to
make the non-permanent marking requirements applicable to vessels
carrying recreational fishing parties on a per capita basis or by
charter, compatible with the vessel marking requirements for each
vessel
[[Page 68240]]
issued a limited access American lobster permit.
In Sec. 697.9, paragraph (b) was added to notify permit holders, as
applicable, to be alert for communication conveying enforcement
instructions.
In Sec. 697.20 paragraphs (c)(1) and (c)(2), the phrase ``Subject
to the rebuttable presumption in Sec. 697.7(d),'' was added to clarify
exemptions to the mutilation requirements if it can be shown the
American lobsters were harvested by a vessel without a Federal limited
access American lobster permit that fishes for American lobsters
exclusively in state waters; or are from a charter, head, or commercial
dive vessel that possesses or possessed six or fewer American lobsters
per person aboard the vessel, and the lobsters are not intended for
sale, trade, or barter; or are from a recreational fishing vessel.
In Sec. 697.20 paragraphs (c)(1) and (c)(2), the phrase ``prior to
offloading from a vessel'' was removed, and the phrase ``before, or at
the time of landing'' and the phrase ``up to the time when a dealer
first receives or possesses American lobster'' were added to clarify
the prohibition against mutilation applies on board the vessel and up
to the point of purchase by a dealer.
In Sec. 697.20, paragraph (e), the title was revised by removing
the word ``scrubbing'' and inserting the phase ``Removal of eggs'' to
more clearly describe the contents of the paragraph. In addition, the
text in paragraph (e) was revised and clarified by adding the text
``including, but not limited to the forcible removal, or removal by
chemicals, or other substances or liquids''.
In Sec. 697.21, paragraphs (a) and (c) were combined and
redesignated as Sec. 697.21(a), to allow the continuation of the
current Federal gear marking requirements until the trap tag marking
requirement is implemented on May, 1, 2000.
In Sec. 697.21, paragraph (b), the text was re-labeled from ``Gear
configuration'' to ``Deployment and gear configuration'' and the text
was rewritten to refer to the gear areas identified in paragraph
(b)(4). Paragraph (b)(4) of this section was rewritten to identify and
continue the existing gear marking requirements currently in place,
which were inadvertently omitted in the proposed rule.
In Sec. 697.21, paragraphs (d) through (g) were redesignated as
Sec. 697.21, paragraph (c) through (f), because, as described
previously, paragraphs (a) and (c) are combined and redesignated as
Sec. 697.21(a).
In Sec. 697.21, paragraph (e), redesignated as paragraph (d), the
phrase ``excluding heading or parlor twine and the escape vent'' was
added to the introductory sentence to clarify the fact that no lobster
trap is made entirely of wood.
In Sec. 697.21, paragraph (f), redesignated as paragraph (e), the
paragraph was revised to allow for and to describe an exemption period,
extending until April 30, 2003, to the maximum trap size restriction
for vessels currently fishing with traps in excess of the identified
maximum trap size.
In Sec. 697.21(f)(1), redesignated as paragraph (e)(2), the text
was modified to clarify that the larger offshore maximum trap size
applies to vessels who elect to fish only in EEZ Offshore Management
Area 3 or EEZ Offshore Management Area 3 and the Area 2/3 Overlap.
In Sec. 697.21, paragraph (g), redesignated as paragraph (f), the
paragraph was revised to specify that the trap tag requirement will be
implemented beginning on May 1, 2000.
As described previously, Sec. 697.34 was removed and the regulatory
text was redesignated as Sec. 697.7, containing prohibitions and
Sec. 697.19, containing the trap tag measures. The following text
provides specific information on the removal or redesignation of
Sec. 697.34.
Subpart C and section Sec. 697.30 of Subpart C, containing the Egg
Production Rebuilding Schedule and Adaptive Management Adjustments--
Purpose and Scope text, was deleted. Subpart C represented a
continuation of general provisions and lobster management measures
which were more appropriately contained in Subpart A--General
Provisions, and Subpart B--Management Measures. The following text
addresses other sections of Subpart C which were either redesignated as
other sections, or removed in whole or in part to provide the reader
with clearer information on the regulatory text of the lobster
management measures in this final rule.
Section Sec. 697.31, describing the coordinates for the lobster
management areas, was redesignated as Sec. 697.18 to enhance the
readability of the document. In addition, Sec. 697.31 (a)(1) through
(a)(9) was redesignated as Sec. 697.18 (a) through (i) and
Sec. 697.31(b) is removed.
In Sec. 697.31, paragraph (a)(1), redesignated as Sec. 697.18(a),
the narrative at the end of the EEZ Nearshore Management Area 1 was
modified to clarify the description of the boundary line from the Maine
coast along the seaward EEZ boundary back to point A.
In Sec. 697.31, paragraphs (a)(2) and (a)(7), redesignated as
Sec. 697.18 (b) and (g), the point coordinates designated as Q and R,
which help define the EEZ Nearshore Area 2 and Nearshore Area 6 were
revised to correct an error. Point Q was relabeled as point R and point
R was relabeled as point Q.
In Sec. 697.31, paragraph (a)(4), redesignated as Sec. 697.18(d),
the EEZ Offshore Management Area 3 boundary coordinate designated as
point C was modified to be consistent with the EEZ Nearshore Area 1
boundary coordinate designated as point C which follows the Loran C
navigation frequency coordinate 9960-X-25600.
In Sec. 697.31, paragraph (a)(7), redesignated as Sec. 697.18(g),
the title and introductory text were modified by removing the word
``EEZ''. Nearshore Management Area 6 is entirely within state waters
and, as noted during the public comment period, a more accurate
description of Area 6 would not include a reference to the EEZ for this
management area.
In Sec. 697.31, paragraph (a)(1) and (a)(8), redesignated as
Sec. 697.18 (a) and (h), the point coordinates `` G1'' identified as
42 deg.04.25' N. lat. and 70 deg.17.22' W. long., ``G2'' identified as
42 deg.02.84' N. lat. and 70 deg.16.1' W. long., and ``G3'' identified
as 42 deg.03.35' N. lat. and 70 deg.14.2' W. long. were added. The
boundary line separating EEZ Nearshore Management Area 1 and EEZ
Nearshore Outer Cape Lobster Management Area does not come to land at
point G: therefore, the EEZ Nearshore Management Area 1 and EEZ
Nearshore Outer Cape Lobster Management Area are not effectively
separated as intended. This discrepancy was identified during the
public comment period on the proposed rule and was discussed and
addressed by the Commission during development of Addendum 1 to the
ISFMP. To facilitate enforcement of area based management measures, the
three new point coordinates, which are compatible with those proposed
by the Commission in Addendum 1, were added to EEZ Nearshore Management
Area 1 and EEZ Nearshore Outer Cape Lobster Management Area to clearly
delineate and separate these management areas.
In Sec. 697.32, paragraphs (a)(1) through (a)(4) and (a)(9), were
redesignated as Sec. 697.4, paragraph (a)(7)(i) through (a)(7)(v). The
text describes the election of lobster management areas which will
become part of the annual vessel permit renewal process and is more
appropriately included in the vessel permit renewal section,
Sec. 697.4(a)(7).
In Sec. 697.32, paragraphs (a)(5) through (a)(8), were removed
because similar language is more appropriately located in Sec. 697.19,
the section containing
[[Page 68241]]
regulations on trap limits and trap tag requirements for vessels
fishing with traps.
In Sec. 697.32, paragraph (a)(1)(i), redesignated as Sec. 697.4
(a)(7)(i), May 1, 2000, was specified as the date of implementation of
the requirement to have a lobster management area designation
certificate or valid limited access American lobster permit containing
the elected management area designation(s) on board all vessels with a
limited access lobster permit fishing with traps to allow adequate time
for notification, mailing and return of permit holder area designation
election forms prior to implementation of the requirement.
In Sec. 697.33, paragraphs (a) through (d), redesignated as
Sec. 697.19 paragraphs (a) and (b), were extensively rewritten to
remove the mutual exclusion requirement which prohibited vessels
electing any of the nearshore management areas from also electing to
fish in the Offshore Management Area 3. Vessels may elect to fish in
any or all of the lobster management areas, but must fish by the most
restrictive regulations that apply to any of the management areas
elected, regardless of which management area the vessel may currently
be fishing in.
In Sec. 697.33, paragraphs (a) through (d), redesignated as
Sec. 697.19 paragraphs (a) and (b), were rewritten to clarify the
management measure requirements for the Area 2/3 Overlap. All vessels
electing the Area 2/3 Overlap alone, or in addition to any of the
nearshore management areas must abide by the most restrictive
management measures in effect for any of the elected nearshore
management areas while fishing in the Area 2/3 Overlap. All vessels
electing the Area 2/3 Overlap and only the offshore management Area 3
must abide by the management measures in effect for the offshore
management Area 3 while fishing in the Area 2/3 Overlap. All vessels
electing to fish only in the Area 2/3 Overlap must abide by trap and
trap tag allocations requirements applicable to the nearshore
management areas as specified in Sec. 697.19.
The trap limits and other trap management measures contained in
Sec. 697.33 and the trap tag management measures contained in
Sec. 697.34 were combined for reader clarity and are redesignated
Sec. 697.19. Section 697.33, paragraphs (a) through (d), were
consolidated and redesignated as Sec. 697.19, paragraphs (a) and (b),
and describe the trap limits for the EEZ nearshore and offshore lobster
fishery for fishing years 1999 and 2000 and Sec. 697.34, paragraph (b)
was redesignated as Sec. 697.19, paragraph (d)(1), and describes trap
tag administrative procedures.
In Sec. 697.33, paragraphs (a) through (d), were combined and
redesignated as Sec. 697.19, paragraphs (a) and (b), text was added to
specify that the date of implementation of the requirement to have a
lobster management area designation certificate or a permit relating to
area management designations on board all vessels with a limited access
lobster permit fishing with traps is May 1, 2000, to allow adequate
time for notification, mailing and return of permit holder area
designation election forms prior to implementation of the requirement.
In Sec. 697.33, paragraphs (a) through (d), consolidated and
redesignated as Sec. 697.19, paragraphs (a) and (b), were rewritten to
postpone the trap tag requirement until May 1, 2000, following
recommendations received by the Commission, several state agencies and
numerous individuals.
In Sec. 697.33, paragraph (e), requiring an on-shore trap count if
requested by an authorized officer, was deleted as burdensome and
ineffective for the intended purpose of ensuring compliance with the
trap limit requirement.
In Sec. 697.34, redesignated as Sec. 697.19, paragraph (a) was
removed because paragraph (a) described administrative procedures for a
trap tag program as well as possible alternative state tagging
programs. Administrative procedures are not appropriate for inclusion
in the regulatory text describing management measures.
In Sec. 697.34, paragraph (b) was redesignated as Sec. 697.19(d) to
consolidate and clarify both the trap limits and trap tag aspects of
the management measures.
In Sec. 697.34, paragraph (b)(2), redesignated as
Sec. 697.19(d)(2), the phrase ``within 24 hours'' was replaced by the
phrase ``as soon as feasible within 7 days'' and the phrase ``on an
official lobster trap tag replacement order form signed by the permit
holder or authorized representative'' was replaced by ``by letter or
fax to the Regional Administrator''. The notification requirement was
modified and extended to allow a reasonable time period for lobstermen
to notify NMFS concerning requests for replacement of lost tags.
In Sec. 697.34, paragraph (c)(1) was redesignated as Sec. 697.19(c)
to consolidate the trap tag requirement to permanently attach a trap
tag to any lobster trap in Federal waters beginning May 1, 2000, with
other trap tag management measures.
In Sec. 697.34, paragraphs (c)(2) through (c)(5) were redesignated
as Sec. 697.7, paragraphs (c)(1)(ix)(B) through (c)(1)(xiii)(E) to
consolidate trap tag prohibitions for reader clarity.
Section 697.35 was redesignated as Sec. 697.17 to consolidate non-
trap lobster management measures under Subpart B--Management Measures
rather than have management measures under both Subpart B and Subpart
C.
In Sec. 697.35, paragraph (a), redesignanted Sec. 697.17, paragraph
(a), the paragraph was modified to include the non-trap landing
restriction found in Sec. 697.7(d)(1)(iii) to add the more restrictive
regulations which apply to the charter and head boats and commercial
dive vessels which are restricted to six or fewer American lobsters per
person on board the vessel and the lobsters are not intended to be, or
are not, traded, bartered, or sold.
Section 697.24 ``Exempted waters for Maine State American lobster
permits.'' was added. On October 11, 1996, the SFA was signed into law
and amended, among other statutes, the ACFCMA (16 U.S.C. 5101 et seq.)
to allow fishing for lobster by vessels issued Maine State American
lobster permits in designated areas of the EEZ. These areas are often
referred to as Maine pocket waters. The SFA provides that any person
holding a valid permit issued by the State of Maine may engage in
lobster fishing in these pocket waters, if such fishing is in
accordance with all other applicable Federal and State regulations. The
SFA specifications for these areas apparently included an unintentional
line across land which is repeated in these regulations until further
clarification is received from Congress. These pocket waters are small
areas of the EEZ that lie between two areas of state waters, created by
islands near the coast of Maine, and are described in Sec. 697.24. This
section, which contains existing lobster regulations currently in place
was inadvertently omitted in the proposed rule.
Section 697.36 was redesignated Sec. 697.25 in its entirety. As
previously discussed, this change was made to consolidate lobster
management measures under Subpart B--Management Measures, rather than
have management measures under both Subpart B and Subpart C.
NOAA codifies its OMB control numbers for information collection at
15 CFR part 902. Part 902 collects and displays the control numbers
assigned to information collection requirements of NOAA by OMB pursuant
to the Paperwork Reduction Act (PRA). This final rule codifies OMB
control number 0648-0202 for Secs. 697.4 through 697.6
[[Page 68242]]
and Sec. 697.12, OMB control number 0648-0309 for Sec. 697.22, OMB
control number 0648-0350 for Sec. 697.8, and OMB control number 0648-
0351 for Sec. 697.21.
Under NOAA Administrative Order 205-11, dated December 17, 1990,
the Under Secretary for Oceans and Atmosphere has delegated to the
Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
Atlantic Coastal Fisheries Cooperative Management Act
Paragraphs (A) and (B) of section 804(b)(1) of the ACFCMA authorize
the Secretary of Commerce to issue regulations in the EEZ that are
compatible with the effective implementation of a coastal fishery
management plan and consistent with the national standards set forth in
section 301 of the Magnuson-Stevens Act. This authority has been
delegated to the Assistant Administrator for Fisheries, NOAA (AA). The
AA has determined that these actions are compatible with the
Commission's American Lobster Interstate Management Plan and consistent
with the national standards of the Magnuson-Stevens Act. Federal action
alone in the EEZ is not likely to stop overfishing, to rebuild lobster
egg production, or to meet Federal management requirements to do so.
Only cooperative state and Federal action will rebuild American lobster
stocks.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of E.O. 12866. Industry revenues were projected to increase
$2.13 million annually. Projected over a 10 year period at a discount
rate of 7.0 percent, the management measures in this rule would exceed
the status quo (current management measures) by $16.09 million in
present value. If states do not implement any fishing mortality rate
reduction initiatives, the expected benefit of implementing the
management measures in this rule in the EEZ only will be greatly
diminished but is still positive. Specifically, an EEZ-only effort
reduction program would result in an annual net gain of $0.18 million.
Projected over 10 years at 7.0 percent, the present value of an EEZ-
only effort reduction program would be $1.22 million. The cost for trap
tags and tag replacement to the inshore and offshore sectors for
complying with the final rule is estimated at $332,900 for the first
year.
Executive Order 13132
This rule does not contain policies with federalism implications
sufficient to warrant preparation of a federalism assessment under E.O.
13132.
Paperwork Reduction Act
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget (OMB) control number.
This rule contains collection-of-information requirements subject
to the PRA. The following new collection-of-information requirements
have been approved by OMB. The estimated time per individual response
is shown.
1. Revision of existing gear (trap) marking requirements (1 minute)
has been approved by OMB under control number 0648-0351;
2. Lobster management area designation, request for trap tags, and
preparing payment for trap tags (5 minutes) has been approved by OMB
under control number 0648-0202;
3. Reporting lost trap tags and requesting replacement trap tags (3
minutes) has been approved by OMB under control number 0648-0202;
4. Requests for additional trap tags (2 minutes) has been approved
by OMB under control number 0648-0202; and
5. Extend sea sampler/observer coverage to include the American
lobster fishery (2 minutes) has been approved by OMB under control
number 0648-0202.
The following collection-of-information requirements are being
restated and have been approved by OMB control number 0648-0202 with
the response times per application as shown: vessel permit applications
(30 minutes for a new application, 15 minutes for renewal
applications), confirmations of permit history (30 minutes); operator
permit applications (1 hour); and dealer permit applications (5
minutes).
The following collection-of-information requirement is being
restated and has been approved by OMB under control number 0648-0350:
vessel identification requirements, estimated at 45 minutes per vessel.
The following collection-of-information requirement is referred to
and has been approved by OMB under control number 0648-0309: exempted
fishing, estimated at one hour per vessel.
Send comments regarding these burden estimates or any other aspect
of the data requirements, including suggestions for reducing the
burden, to NMFS (see ADDRESSES) and to the Office of Information and
Regulatory Affairs, OMB (see ADDRESSES).
Endangered Species Act and Marine Mammal Protection Act
A formal section 7 consultation under the Endangered Species Act
was initiated for this rule in a biological opinion by NMFS dated
December 17, 1998. After reviewing the best available information on
the status of endangered and threatened species under NMFS
jurisdiction, the environmental baseline for the action area, the
effects of the action, and the cumulative effects, it is NMFS'
Biological Opinion that the continued operation of the Federal lobster
fishery, with modifications to reduce impacts of entanglement through
the Atlantic Large Whale Take Reduction Plan, is not likely to
jeopardize the continued existence of the northern right whale,
humpback whale, fin whale, blue whale, sperm whale, sei whale,
leatherback sea turtle, and loggerhead sea turtle. In addition, the
changes are not likely to destroy or adversely modify right whale
critical habitat.
Essential Fish Habitat
An Essential Fish Habitat (EFH) consultation was performed on this
action. The management measures for the trap sector that could impact
EFH for species managed under the MSA include: declaration of fishing
area; trap limits; and the maximum trap size. The implementation of
limits on the number and size of traps and areas fished by Federal
permit holders should serve to reduce the effects of fishing on EFH. No
new conservation recommendations were provided, since this action
already minimizes impacts to EFH, to the extent practicable.
For the non-trap sector, the implementation of a landing limit of
100 lobsters (or parts thereof) per day, up to a maximum of 500
lobsters (or parts thereof) per trip of 5 days or longer, effectively
limits landings by the non-trap sector to a bycatch fishery. A
significant portion of lobster landed by non-trap lobster permit
holders is landed by fishermen also holding permits for multispecies;
sea scallop; squid, mackerel, butterfish; scup; black sea bass, and
summer flounder fisheries. Impacts to habitat from each of these
fisheries is managed according to the Magnuson-Stevens Act under the
FMP for each fishery. The appropriate vehicle for fully analyzing these
impacts is
[[Page 68243]]
through the FMPs for the directed fishery rather than the regulations
for the lobster non-trap bycatch fishery, although it can be determined
that these regulations may reduce the amount of time draggers will have
contact with the benthic environment while fishing for lobsters.
National Environmental Policy Act
NMFS prepared a Draft Environmental Impact Statement and Regulatory
Impact Review (DEIS/RIR) for this action; a notice of availability was
published in the Federal Register on March 27, 1998 (63 FR 14922).
Public comments on the DEIS/RIR were addressed, and NMFS prepared a
Final Environmental Impact Statement and Regulatory Impact Review
(FEIS/RIR) following publication of a proposed rule on lobster
management in Federal waters on January 15, 1999 (64 FR 2708). A notice
of availability for the FEIS/RIR was published in the Federal Register
on May 28, 1999 (64 FR 29026). NMFS determined that implementation of
this action is environmentally preferable to the status quo. The FEIS/
RIR demonstrates that, notwithstanding potential, yet unknown, changes
in fishing practices and behavior, this action contains management
measures able to end overfishing and rebuild stocks of American
lobster; protect marine mammals and sea turtles; and provide economic
and social benefits to the lobster industry in the long term. The FEIS/
RIR further emphasizes the importance of concurrent action by the
states during the stock rebuilding period to the realization of these
benefits.
Final Regulatory Flexibility Analysis
In compliance with the Regulatory Flexibility Act, NMFS prepared an
Initial Regulatory Flexibility Analysis (IRFA), supplemented by the
preamble to the proposed rule (64 FR 2708), as well as by further
analysis contained in the FEIS/RIR (64 FR 29026), that describes the
impact this action may have on small entities. The Final Regulatory
Flexibility Analysis (FRFA) consists of the IRFA, public comments and
responses thereto, and the preamble to the proposed rule, the analysis
of impacts and alternatives to this action, and the summary that
follows.
Objectives
The objective of lobster management is to prevent overfishing of
American lobster throughout the species' range and to rebuild lobster
stocks to a level that will produce optimum yield. To accomplish this,
NMFS must ensure that existing lobster conservation measures in federal
waters are maintained and take further action in concert with actions
by the States in coastal waters under their jurisdiction. As documented
in Amendment 5 of the New England Fishery Management Council's American
Lobster FMP (May 1994), the American lobster resource is considered
recruitment overfished when, throughout its range, the fishing
mortality rate (F), given the regulations in place at that time under
the suite of regulatory management measures, results in a reduction in
estimated egg production per recruit to 10 percent or less of a non-
fished population.
Public Comment
Sixty-one public comments and responses are presented under
Comments and Responses.
Estimate of Small Entities
Virtually all participants in the lobster fishery are considered to
be small entities. Consequently, management measures, including all
measures to mitigate impacts, affect small entities only, and all
analyses of such effects are necessarily analyses of effects on small
entities.
As of December, 1997, 3,153 vessel owners held Federal lobster
permits. The majority of these are associated with smaller vessels and
the bulk are identified with Maine or Massachusetts as the primary port
of landing, followed distantly by Rhode Island, and then New Jersey,
New York and New Hampshire. Of these 3,153 vessels, 1,962 also hold at
least one other federal permit. As of December, 1997, there were a
total of 2785 Federal permit holders fishing with traps to harvest
lobsters. Although not always the case, it is generally recognized that
vessels in excess of 50 feet are required to prosecute the offshore
fishery. Based on this distinction, there were 297 trap vessels that
may be involved in the offshore fishery and 2,488 trap vessels that may
fish predominantly in the nearshore zones. An additional 802 non-trap
vessels possessed American lobster permits.
Based on dealer reports, the total value of American lobster landed
by Federal permit holders in 1997 was $23.97 million. This value
represented 10.7 percent of the total value of American lobster ($223.7
million) landed in the Northeast region in 1997. Note that landings by
Federal permit holders can come from a mixture of state waters, and
nearshore/offshore EEZ areas. Revenues by Federal permit holders were
divided among trap and trawl vessels, with trap vessels accounting for
90 percent of the revenues ($21.5 million). Among trap vessels in
excess of 50 feet in overall length, American lobster landings were
valued at $13.95 million in 1997.
A detailed description of the small businesses which may be
impacted by Federal lobster management actions is available and
contained in a FEIS/RIR prepared by NMFS for this rule (see ADDRESSES).
Recordkeeping and Reporting Requirements
Collection-of-information requirements are presented in this final
rule in the Classification section under Paperwork Reduction Act.
According to the data provided, there are a total of 2,785 Federal
permit holders that use traps to harvest American lobster and will have
to comply with both the trap tag and the area designation requirements
of these regulations. The average number of traps fished by these
vessels was 667 and 1,321 by nearshore and offshore vessels,
respectively.
Since management alternatives differ between the non-trap (mobile
gear) and trap (fixed gear) groups, the analysis was performed
separately for each gear group.
The Trap Sector
The action for the trap sector initially cap and then will reduce
fishing effort (gear in the water), in addition to other management
measures. These measures apply to all participants in the trap sector.
Trap Caps, Trap Tags, and Maximum Carapace Size
Two measures that could directly affect revenues are the trap cap
for both the nearshore and offshore EEZ and the maximum carapace in
Area 1. There are a total of 2,785 Federal permit holders fishing with
traps that will have to comply with both the trap regulations and the
maximum carapace in Area 1. The average number of traps fished by these
vessels was 667 and 1,321 by nearshore and offshore vessels,
respectively. For an average nearshore zone vessel fishing 667 traps,
trap tag regulations will require an annual increase in compliance
costs of $247. For an average offshore vessel fishing 1,321 traps, the
annual increase in compliance costs for trap tags will be $515.
The regulations prohibit the taking of lobsters in excess of the
maximum size by anyone fishing with either trap or trawl gear in Area
1. The prohibition also applies to any trap vessel that selects Area 1
no matter where it fishes. Entities that currently fish in Area 1 will
not be able to sell lobsters above the maximum carapace length and will
lose
[[Page 68244]]
a portion of their revenues. Landings data by carapace length are not
available to provide a quantitative estimate of these lost revenues.
However, estimates of the size structure of female lobsters landed in
the Gulf of Maine produced for the stock assessment for American
lobster during June 1993 at the NMFS Northeast Region's Stock
Assessment Workshop No. 16 indicate lobsters in excess of 128 mm
(approximately 5'') comprised 0.06 percent of 1992 landings. Given this
finding, the proportion of total revenues to Area 1 vessels comprised
of lobsters in excess of the maximum size is not likely to be very
high.
NMFS analysis indicates that approximately 30 percent of trap
fishermen will have to reduce the numbers of traps fished. However,
within certain limits, adjustments to days fished, trap hauls, crew,
soak times, and trap configurations may be adopted to at least
partially offset the loss in traps. These adaptive strategies, together
with an anticipated reduction in fishing mortality rates, will likely
result in an eventual increase in catch per unit effort (i.e., catch
per trap hauled). However, given the difference in timing between the
trap reductions and the anticipated longer term increases in catch, it
seems likely that a substantial number of individual entities will
experience reductions in total revenues that exceed 5 percent for at
least some portion of the stock rebuilding schedule. Even if vessels
find ways of maintaining gross revenues, it will likely require
substantial changes in the way in which they organize their business.
Further, as described above, for at least some portion of fishermen
operating in Area 1, additional revenues will be lost from the sale of
lobsters in excess of the proposed maximum carapace length. Therefore,
it appears likely that a substantial number of vessels will experience
a reduction in revenues, and that trap reductions will likely require
significant changes in business operations for a substantial number of
entities.
Maximum Trap Size and Increased Escape Vent
In addition, it is likely that at least some portion of the trap
fishery will bear compliance costs relating to maximum trap size, and
increased escape vent size. These regulations impose a limit on trap
size in terms of volume. The maximum size differs between offshore and
nearshore fishing zones and affect all Federal permit holders that use
trap gear. The maximum trap size is intended as a capping mechanism to
prevent increased trapping efficiency by limiting expansion of trap
sizes. No data is currently available to document the numbers of traps
that are currently above the size cap in either nearshore or offshore
areas. However, the size caps were determined through a series of
Commission meetings with industry representatives and were set at or
above known industry standards at the time. For this reason, the
maximum trap size has been set to accommodate the majority of gear
currently in use. For the worst case scenario, the average nearshore
vessel fishing 667 traps have to replace every trap at a cost of $50
per trap for a total cost of $33,350. Similarly, the cost burden for an
average offshore vessel will be $66,050 (1,321 traps at $50/trap). The
regulations require installation of an escape vent that is 1/16th of an
inch (0.159 cm) greater than what the regulations use to require. This
regulation applies to all traps fished by Federal lobster permit
holders. Evidence offered by Effort Management Team (EMTs) members
during the development of Amendment 5 to the American lobster FMP
indicates that at least some portion of the lobster industry is already
using escape vents larger than old regulations use to require, and are
in compliance with the new regulation. No data is currently available
to document the actual number of escape panels that will be replaced.
However, assuming a worst case scenario, replacement of escape vents
cost an average nearshore vessel fishing 667 traps a total of $933. The
cost to an average offshore vessel fishing 1,321 traps will be $1,848.
These costs represent a one-time only increase in compliance costs
since the new escape vents will be incorporated into traps through
normal replacement and maintenance. Vessels that are currently using
conforming escape vents will not have to bear these costs. The added
costs of replacing escape vents may be partially offset with cost
savings, as the time required to cull the catch will be reduced (the
principal reason why many industry participants already are using
escape vents larger than required by the old regulations).
Although it is likely that compliance costs for some vessels will
increase by 5 percent or more compared to current compliance costs, the
exact number of vessels that will be effected cannot be determined with
the maximum trap size, trap tags requirements, and increased escape
vents requirements. Some amount of cash outlay will be required to come
into compliance. Under a worst case scenario, for an average vessel,
the cumulative cost of replacing escape vents and purchasing trap tags
is estimated to be $1,180 and $2,363 for nearshore and offshore
vessels, respectively. Surveys of offshore and nearshore lobster
vessels by the University of Rhode Island indicate that average annual
operating costs for offshore vessels will be approximately $190,000 per
year, exclusive of crew payments. Similarly, the estimated average
operating costs for nearshore vessels are $24,000. As a proportion of
operating costs, the estimated compliance costs (1.2 percent) for
offshore vessels does not exceed NMFS threshold. The proportional
increase (4.9 percent) in compliance costs for replacement of escape
panels and trap tags by nearshore vessels does not approach the NMFS
threshold for significance. Replacement of nonconforming traps
represents a significantly larger increase in compliance costs, since
new traps are estimated to cost $50 each. It is likely that at least
some portion of small entities will bear compliance costs that will
exceed the NMFS threshold of a 5 percent or greater increase in
compliance costs. However, given available data, it is not possible to
determine with reasonable certainty whether a substantial number of
entities will be significantly impacted.
Vessels that are currently fishing a number of traps greater than
the trap caps under this final rule will likely suffer greater short
run revenue losses. If these same vessels also previously used traps in
excess of the maximum trap size dimensions, the combined impacts of
revenue losses and gear replacement cost (compliance costs) could
likely put some of these vessels out of business. Unfortunately, while
the possibility exists for these circumstances to occur, because of
lack of data it is not possible to determine how many vessels will
actually be affected.
Non-Trap Sector
Interim non-trap regulations on March 2, 1998 (63 FR 10154) become
permanent this rulemaking. The non-trap regulations impose a possession
limit of 100 lobsters (or parts thereof) per day up to a maximum of 500
lobsters (or parts thereof) per trip for vessels using mobile gear to
harvest lobsters. The impact of this limit was evaluated by examining
Northeast dealer data for the 1996 calendar year for all Federally
permitted vessels using bottom trawl gear. Dealer data does not include
landings on a count basis or vessel fishing time. To overcome this lack
of information, two assumptions were required. First, it is assumed
that
[[Page 68245]]
the average weight of a trawl-caught lobster is 1 lb (0.454 kg). A one
pound lobster is approximately the weight of a lobster at its minimum
legal size. Second, all landings are associated with one 24-hour
period. These two assumptions are equivalent to a 100-pound (45.4 kg)
possession limit for mobile gear fishing participants. Based on this
analysis and the threshold of a 5 percent reduction in gross revenues,
48 (5.3 percent) trawl vessels will be impacted by more than a 5
percent reduction in revenues. By contrast, 76 percent of all trawl
vessels included in the analysis will not be impacted at all because
their documented landings did not exceed the possession limit on any
trips taken during the 1996 calendar year. Based on these findings, the
threshold of a 5 percent reduction in gross revenues for more than 20
percent of participants is not exceeded. The majority of vessels
harvesting lobster by mobile gear in the EEZ do not rely on lobster as
the principal source of annual income.
The ISFMP, through its area management approach, identifies and
addresses socio-economic impacts among the industry sectors on an area-
by-area basis. In the ISFMP, the management unit for American lobster
(state and Federal waters from Maine to North Carolina) is subdivided
into seven areas, and LCMTs were established for each of these areas.
These LCMTs, comprised of lobster industry members, make
recommendations for management measures to meet predefined targets
designed to end overfishing. Industry recommended LCMT measures,
implemented on an area by area basis after favorable review and by the
Commission and NMFS, would mitigate adverse economic impacts to area
participants by allowing for variable regulations by area, depending on
the fishing practices and unique fishery characteristics for each
management area. This approach, with industry participation, strives to
alleviate adverse economic impacts to the extent possible.
NMFS regulations, under this action, do not identify ``default''
management measures (such as continued trap reductions) beyond the
fishing year 2000. Instead, NMFS will evaluate the Commission's
recommendations for resource-wide management of lobster in the EEZ,
based upon the Commission's review and approval of conservation-
equivalent proposals submitted by the LCMTs. On at least an annual
basis, NMFS will identify, in consultation with the Commission and its
LCMTs, these and/or additional measures in Federal waters to meet ISFMP
objectives to end overfishing and to rebuild stocks of American
lobster. If additional measures are necessary, NMFS will conduct a
rulemaking action, including the appropriate biological and economic
analyses.
Selection of Alternative
The DEIS/RIR analyzed six different alternatives for the lobster
trap fishery and three alternatives for the non-trap (mobile gear)
fishery. For the trap fishery, the six alternatives included: Taking no
action (status quo); implementing measures in Federal waters
recommended by the Commission; implementing additional nearshore/
offshore trap limits with a buffer zone; implementing a four-tier
nearshore/offshore trap limit; implementing nearshore fixed trap limits
in combination with offshore limits based on historical participation;
and prohibiting lobster fishing in Federal waters. The non-trap fishery
alternatives included: A possession limit of 100 lobsters (or parts
thereof) per day or a maximum of 500 per trip (no action/status quo); a
possession limit of 500 per trip regardless of trip length, and a
prohibition on the harvest and possession of American lobster in
Federal waters. In addition, various alternatives were suggested by the
commenters which were rejected for reasons given in the response to
such sections.
Overall public comment during review of the DEIS/RIR indicated
strong support for the plan embodied by the Commission's ISFMP
(Alternative 2, for the lobster trap fishery and Alternative 1 for the
non-trap fishery), and little support for other alternatives. Due to
the preponderance of public comment for the alternatives noted here,
NMFS continued development of those alternatives in the FEIS/RIR and in
the proposed rule. See also Section III of the FEIS/RIR for rationale
for the adoption of the subject action.
Trap Fishery
In this regulatory action, management of the American lobster trap
fishery in the EEZ implements Alternative 2 identified in the DEIS:
Implement ASMFC Interstate FMP Amendment 3 measures in Federal waters
recommended by the Commission. The regulations implement a trap tag
program and trap limits in Federal waters throughout the species'
range. For nearshore management areas (Area 1, 2, 4, 5, 6, and the
Outer Cape), fishermen are limited to a maximum of 1000 traps in 1999,
and to a maximum of 800 traps in fishing year 2000. For the offshore
fishery (Management Area 3), fishermen are limited to a maximum of 2000
traps in 1999, and to a maximum of 1800 traps in fishing year 2000.
Additional new measures include: A prohibition on spearing lobster;
adopting the lobster management areas specified in the Commission's
ISFMP; a requirement that vessel owners who elect to use traps must
inform NMFS each year of the lobster management areas in which they
will set gear; a near-shore maximum trap size which, after a phase-in
period will, beginning May 1, 2003, be in line with the Commission's
Amendment 3 recommended size of 22,950 cubic inches (376,081 cubic
centimeters); an off-shore maximum trap size which, after a phase in
period will, beginning May 1, 2003, be in line with the Commission's
Amendment 3 size of 30,100 cubic inches (493,249 cubic centimeters);
increasing the minimum size of rectangular escape vents on lobster
traps to not less than 1\15/16\ inches (\4/92\ cm) by 5\3/4\ inches
(14.61 cm) or an increase in the minimum size of circular escape vents
to two portals with unobstructed openings not less than 2\7/16\ inches
(6.19 cm) diameter; for Federal permit holders fishing in lobster
management area 1, lobsters with a carapace size greater than 5 inches
(12.7 cm) cannot be retained, or effective May 1, 2000, when the area
designation requirement is implemented, lobsters with a carapace size
greater than 5 inches (12.7 cm) cannot be retained by fishermen who
elect Area 1 as one of their designated management areas; and a
requirement, effective May 1, 2000, that each trap set by a Federal
permit holder have a trap tag attached to the trap bridge or cental
cross-member.
In addition, a continuation of existing measures include: Extending
the moratorium on new entrants into the fishery; a prohibition on the
possession of lobsters bearing eggs or from which eggs have been
removed; a prohibition on the possession of lobster meat and detached
tails, claws, or other parts; a prohibition on the possession of V-
notched lobsters; a requirement to install a biodegradable ``ghost''
panel on traps; a minimum carapace size of 3\1/4\ inches (8.26 cm); a
requirement to install escape vents on traps; a prohibition on the
possession at any time of more than six lobsters per person when aboard
a head, charter, or dive vessel; a requirement that gear be marked in
order to identify the permit holder; and a prohibition on the
interstate or international trade of live whole lobsters smaller than
the Federal minimum size.
1. Alternative 1--No Action/Status Quo
See Section III.2.A of the DEIS/RIR.
[[Page 68246]]
Taking no action would continue current regulations pertaining to
harvest, possession, sale, purchase, or receipt of American lobster. No
other management measures would be implemented for the trap fishery.
Alternative 2, containing the measures implemented by this final rule,
was selected and Alternative 1 was rejected since current fishing
effort levels, if left unchecked under this alternative, would
jeopardize the ability of the lobster population to sustain itself and
would continue the danger of a possible stock collapse. Requirements
for trap tags and tag replacement costs in Alternative 2, compared to
alternative 1 (taking no action), will cost industry approximately
$2,501,821 over 10 years. The estimated costs for administrating the
trap tag program implemented by this final rule will be $94,506 for the
first and subsequent years of the program. Enforcement costs will focus
on verifying lobster management area designations and enforcing the
trap tag requirement. Enforcement costs should stabilize unless future
management measures include additional reductions in trap limits in
future years. (For a full description containing the details used in
determining the economic costs, see the FEIS, Regulatory Impact Review
under A--Costs to the Industry, B--Administrative Costs, and C--
Enforcement costs and burden).
2. Alternative 3--Nearshore/Offshore Trap Limits With a Buffer Zone
See Section III.2.C of the DEIS/RIR.
Alternative 3 would implement a four-year annual reduction in the
maximum number of lobster traps fished by, and would establish a 10 nm
(18.52 km) buffer zone where no traps could be deployed, in an effort
to separate the inshore and offshore EEZ fisheries for enforcement and
conservation purposes. No positive comments were provided on this
alternative at the 1998 public hearings. The 4-year reduction in trap
limits was rejected as a ``default'' approach in favor of an allowance
for primary consideration of conservation-equivalent measures to be
identified by the LCMTs. The buffer zone concept also received little,
if any, favorable public support, primarily since it was construed as
an unfair restriction on the trap vs. non-trap lobster fishery.
Requirements for trap tags and tag replacement costs in Alternative 2,
measures implemented by this final rule, will cost industry
approximately $2,501,821 over 10 years compared to this alternative 3,
which would cost industry approximately $1,804,754 over 10 years, due
to the trap reduction schedule in this alternative of 10 percent a year
up to a 40 percent reduction in the total number of traps fished. The
estimated costs for administrating the trap tag program implemented by
the final rule will be $94,506 for the first and subsequent years of
the program, while Alternative 3 would cost $94,506.00 for the first
and second year. By year 3, the trap tag reduction schedule would
impact traps in the water with a scheduled 10 percent reduction
continuing until year five. Costs therefore in year three would be
approximately $85,000, year four would be $75,600 and year five and
thereafter would be $66,150. Enforcement costs under alternative 3
would focus on verifying lobster management area designations,
enforcing the buffer zone prohibition and enforcing the trap tag
requirement. Enforcement costs under alternative 3 would increase,
compared to measures implemented under Alternative 2, since the
additional 10 percent reductions in trap limits in Alternative 3 would
require additional enforcement effort. (For a full description
containing the details used in determining the economic costs, see the
FEIS, Regulatory Impact Review under A--Costs to the Industry, B--
Administrative Costs, and C--Enforcement costs and burden).
3. Alternative 4--Four-tier Trap Reduction Strategy
See Section III.2.D of the DEIS/RIR.
This alternative compared to Alternative 3, would further limit
trap allocations among Federal permit holders, based upon the number of
traps actually fished in 1997. When compared to Alternative 2,
Alternative 4 was rejected since further analysis and public comments
indicates that this strategy is more germane to trap fisheries in
certain state waters, and not germane to the EEZ fishery. Available
data indicates that Federal permit holders tend to fish at or above the
maximum trap limits proposed in Alternative 4.
Requirements for trap tags and tag replacement costs in this final
rule will cost industry approximately $2,501,821 over 10 years, while
costs in Alternative 4 would cost industry approximately $1,353,566
over 10 years. Under Alternative 4, the estimated costs for
administrating the trap tag program would be approximately $70,880.00
for the first year and second year, $63,750 in year three, $56,700 for
year four, and $49,600 for year five and thereafter verses $94,506 for
the first and subsequent years of the program to be implemented by
regulations in this rule. Under the final rule and under Alternative 4,
enforcement costs will focus on verifying lobster management area
designations and enforcing the trap tag requirement. Enforcement costs
should stabilize unless future management measures include additional
reductions in trap limits in future years. (For a full description
containing the details used in determining the economic costs, see the
FEIS, Regulatory Impact Review under A--Costs to the Industry, B--
Administrative Costs, and C--Enforcement costs and burden).
4. Alternative 5--Nearshore Fixed Trap Limits/Offshore Historical
Participation
See Section III.2.E of the DEIS/RIR.
This alternative is similar to Alternative 3, but would allow
higher trap allocations to Federal permit holders in the offshore vs
nearshore EEZ fishery. This strategy for the offshore fishery is
supported by the Area 3 LCMT, which has been evaluated by the
Commission through public hearings. Issues concerning how this approach
relates to fishing effort limitations and other elements of the other
six lobster area management plans, have been contentious. Lobstermen
often fish in more than one management area in both nearshore and
offshore EEZ waters, and area plans under the ISFMP vary with respect
to proposed regulatory measures such as lobster minimum size, historic
participation, trap limits, and trap allocation procedures. The
Commission has recently approved guidelines for historical
participation in four of the seven lobster management areas (including
Area 3), and has recommended that NMFS implement such measures in the
EEZ portion of those areas. In follow-up to that recommendation, an
Advance Notice of Proposed Rulemaking (ANPR) was published in the
Federal Register on September 1, 1999 (64 FR 47756), to seek public
comment on whether there is a need to restrict access of Federal permit
holders to the lobster EEZ fishery on the basis of historical
participation. Depending on this public response, continued Federal
rulemaking, along with associated biological and economic analyses, may
be initiated in the near future. Accordingly, Alternative 5 was
rejected, but may be re-considered during future rulemaking, depending
on public response to the ANPR.
Requirements for trap tags and tag replacement costs in this final
rule will cost industry approximately $2,501,821 over 10 years,
compared to Alternative 5 which will cost industry approximately
$1,679,095 over 10 years. The estimated costs for administrating the
trap tag program implemented by
[[Page 68247]]
this final rule will be $94,506 for the first and subsequent years of
the program, while administrative costs under Alternative 5 would be
$86,945.00 for the first and second year, approximately $78,200 in year
three, $69,550 in year four, and in year five and thereafter costs
would be approximately $60,850. Also, it should be noted that
Alternative 5 would have an additional requirement to identify and
verify the recent historical trap possession by about 200 offshore
permitted vessels and allow the vessel owners to appeal to resolve trap
tag allocation. The additional requirement would accrue an additional
administrative task which is estimated to require a 0.5 staff year at
the cost to the government of approximately $16,000.00 for the first
year. Enforcement costs will focus on verifying lobster management area
designations and enforcing the trap tag requirement. Enforcement costs
should stabilize, unless future management measures include additional
reductions in trap limits in future years. (For a full description
containing the details used in determining the economic costs, see the
FEIS, Regulatory Impact Review under A--Costs to the Industry, B--
Administrative Costs, and C--Enforcement costs and burden).
5. Alternative 6--Ban Fishing for and Possession of Lobster
See Section III.2.F of the DEIS/RIR.
Alternative 6 would require removal of all trap gear and closure of
the EEZ to fishing for, and possession of lobster by any fishing vessel
until lobster stocks recover throughout their range. This alternative
was rejected when compared to Alternative 2, since it would have severe
socio-economic impacts on Federal permit holders and would likely
result in an adverse, substantial shift of fishing effort to other EEZ,
as well as inshore fisheries.
Requirements for trap tags and tag replacement costs in this final
rule will cost industry approximately $2,501,821 over 10 years compared
to Alternative 6 which would close Federal waters and therefore have no
tagging requirements or associated costs. However, based on exvessel
value for 1997, the trap ban would result in revenue loss to Federal
permit holders of $21.5 million in the first year. It is not known
whether these vessels would be able to move into state waters or other
fisheries to continue in business.
Compared to Alternative 6, the estimated costs for administrating
the trap tag program implemented by this final rule will be $94,506 for
the first and subsequent years of the program. Enforcement costs under
Alternative 6 would provide the most cost savings of any alternative,
since there would be no requirement to verify lobster management area
designations or enforce a trap tag requirement. Enforcement activities
under Alternative 6 would focus on compliance of the trap gear ban and
lobster possession prohibitions from EEZ waters. (For a full
description containing the details used in determining the economic
costs, see the FEIS, Regulatory Impact Review under A--Costs to the
Industry, B--Administrative Costs, and C--Enforcement costs and
burden).
Non-Trap Fishery
NMFS will continue the regulations pertaining to the non-trap
landing limits that are currently in place, implemented in Federal
waters as an interim final regulation (63 FR 10154) March 2, 1998. It
will be unlawful for a vessel that takes lobster by a method other than
traps to possess, retain on board, or land, in excess of 100 lobsters
(or parts thereof), for each lobster day-at-sea, or part of a lobster
day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any
one trip, unless otherwise restricted.
1. Alternative 2--Limit Landings to 500 Lobster Per Day, Regardless of
Trip Length
See Section III.3.B of the DEIS/RIR.
Alternative 2 was rejected in favor of Alternative 1, the status
quo option because Alternative 1 will retain lobster landings by the
non-trap fishery at historical levels, and prevent any potential
expansion of harvest during the American lobster stock rebuilding
period.
2. Alternative 3--Ban Fishing for and Possession of Lobster
See Section III.3.C of the DEIS/RIR.
This alternative was rejected in favor of Alternative 1, the status
quo option, because Alternative 3 would have severe economic impacts on
Federal permit holders and would likely result in an adverse,
substantial shift of fishing effort to other EEZ, as well as inshore
fisheries.
Although this rule does not modify existing regulations found at 50
CFR part 697 pertaining to weakfish, Atlantic striped bass, and
Atlantic sturgeon, the entirety of part 697, as proposed, is repeated
here.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Parts 649 and 697
Fisheries, Fishing.
Dated: November 22, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, under the authority of 16
U.S.C. 1801 et seq., 15 CFR chapter IX and 50 CFR parts chapter VI, are
amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, the table in paragraph (b) is amended by:
A. Removing under 50 CFR the entries for Secs. 649.4, 649.5, 649.6,
649.7 and 649.21; and
B. Adding under 50 CFR the following entries in numerical order.
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR part or section where the information collection
requirement is located Number \1\
------------------------------------------------------------------------
* * * * *
50 CFR:
* * * * *
697.4(a), (d) and (e)..................................... 0648-0202
697.5..................................................... -0202
697.6..................................................... -0202
697.8..................................................... -0350
697.12.................................................... -0202
697.21.................................................... -0351
697.22.................................................... -0309
------------------------------------------------------------------------
\1\ Current OMB control number (all numbers begin with 0648--).
50 CFR CHAPTER VI
PART 649--AMERICAN LOBSTER FISHERY--[REMOVED]
3. Part 649 is removed.
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
4. The authority citation for part 697 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
5. Part 697 is revised to read as follows:
[[Page 68248]]
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Subpart A--General Provisions
Sec.
697.1 Purpose and scope.
697.2 Definitions.
697.3 Relation to other Federal and state laws.
697.4 Vessel permits and trap tags.
697.5 Operator permits.
697.6 Dealer permits.
697.7 Prohibitions.
697.8 Vessel identification.
697.9 Facilitation of enforcement.
697.10 Penalties.
697.11 Civil procedures.
697.12 At-sea sea sampler/observer coverage.
Subpart B--Management Measures
697.17 Non-trap harvest restrictions.
697.18 Lobster management areas.
697.19 Trap limits and trap tag requirements for vessels fishing
with traps.
697.20 Size, harvesting and landing requirements.
697.21 Gear identification and marking, escape vent, maximum trap
size, and ghost panel requirements.
697.22 Exempted fishing.
697.23 Restricted gear areas.
697.24 Exempted waters for Maine State American lobster permits.
697.25 Adjustment to management measures.
Authority: 16 U.S.C. 1851 note; 16 U.S.C. 5101 et seq.
Subpart A--General Provisions
Sec. 697.1 Purpose and scope.
The regulations in this part are issued under the authority of
section 804(b) of the Atlantic Coastal Fisheries Cooperative Management
Act, 16 U.S.C. 5101 et seq., and section 6 of the Atlantic Striped Bass
Conservation Act Appropriations Authorization, 16 U.S.C. 1851 note, and
govern fishing in the EEZ on the Atlantic Coast for species covered by
those acts.
Sec. 697.2 Definitions.
(a) In addition to the definitions in the Magnuson-Stevens Act and
in Secs. 600.10 and 648.2 of this chapter, for the purposes of this
part, the following terms have the following meanings:
American lobster or lobster means Homarus americanus.
Approved TED means any approved TED as defined at Sec. 217.12 of
this title.
Atlantic striped bass means members of stocks or populations of the
species Morone saxatilis found in the waters of the Atlantic Ocean
north of Key West, FL.
Atlantic sturgeon means members of stocks or populations of the
species Acipenser oxyrhynchus.
Berried female means a female American lobster bearing eggs
attached to the abdominal appendages.
Block Island Southeast Light means the aid to navigation light
located at Southeast Point, Block Island, RI, and defined as follows:
Located at 40 deg.09.2' N. lat., 71 deg.33.1' W. long; is 201 ft (61.3
m) above the water; and is shown from a brick octagonal tower 67 ft
(20.4 m) high attached to a dwelling on the southeast point of Block
Island, RI.
BRD means bycatch reduction device.
Carapace length is the straight line measurement from the rear of
the eye socket parallel to the center line of the carapace to the
posterior edge of the carapace. The carapace is the unsegmented body
shell of the American lobster.
Certified BRD means any BRD, as defined in part 622, Appendix D of
this chapter: Specifications for Certified BRDs.
Charter or head boat means any vessel carrying fishing persons or
parties for a per capita fee, for a charter fee, or any other type of
fee.
Commercial dive vessel means any vessel carrying divers for a per
capita fee, a charter fee, or any other type of fee.
Commercial purposes means for the purpose of selling, trading,
transferring, or bartering all or part of the fish harvested.
Commission means the Atlantic States Marine Fisheries Commission
established under the interstate compact consented to and approved by
Congress in Pub. L. 77-539 and Pub. L. 81-721.
Continuous transit means that a vessel does not have fishing gear
in the water and remains continuously underway.
CPH means Confirmation of Permit History.
Crab trawl means any trawl net that is rigged for fishing and has a
mesh size of 3.0 inches (7.62 cm), as measured between the centers of
opposite knots when pulled taut.
Cull American lobster means a whole American lobster that is
missing one or both claws.
Dealer means any person who receives, for a commercial purpose
(other than solely for transport on land), any species of fish, the
harvest of which is managed by this part, from the owner or operator of
a vessel issued a valid permit under this part, or any person who
receives, for a commercial purpose (other than solely for transport on
land), any species of fish managed under this part.
De minimis state means any state where the landings are so low that
the Commission's Fisheries Management Board has exempted that state
from some of its regulatory responsibilities under an Interstate
Fishery Management Plan.
Egg Production Rebuilding Schedule means the schedule identified in
section 2.5 of Amendment 3 to the Commission's ISFMP.
Escape vent means an opening in a lobster trap designed to allow
lobster smaller than the legal minimum size to escape from the trap.
Fishing trip or trip means a period of time during which fishing is
conducted, beginning when the vessel leaves port and ending when the
vessel returns to port.
Fishing year means, for the American lobster fishery, from May 1
through April 30 of the following year.
Flynet means any trawl net, except shrimp trawl nets containing
certified BRDs and approved TEDs, when required under Sec. 227.72(e)(2)
of this title, and except trawl nets that comply with the gear
restrictions specified at Sec. 648.104 of this chapter for the summer
flounder fishery and contain an approved TED, when required under
Sec. 227.72 (e)(2) of this title.
Ghost panel means a panel, or other mechanism, designed to allow
for the escapement of lobster after a period of time if the trap has
been abandoned or lost.
ISFMP means the Commission's Interstate Fishery Management Plan for
American Lobster, as amended.
Land means to begin offloading fish, to offload fish, or to enter
port with fish.
Lobster day-at-sea with respect to the American lobster fishery
means each 24-hour period of time during which a fishing vessel is
absent from port in which the vessel intends to fish for, possess, or
land, or fishes for, possesses, or lands American lobster.
Lobster permit means a Federal limited access American lobster
permit.
Lobster trap trawl means 2 or more lobster traps, all attached to a
single ground line.
Management area means each of the geographical areas identified in
this part for management purposes under the lobster ISFMP.
Montauk light means the aid to navigation light located at Montauk
Point, NY, and defined as follows: Located at 41 deg.04.3' N. lat.,
71 deg.51.5' W. long.; is shown from an octagonal, pyramidal tower, 108
ft (32.9 m) high; and has a covered way to a dwelling.
Natural Atlantic sturgeon means any Atlantic sturgeon that is not
the result of a commercial aquaculture operation, and includes any
naturally occurring Atlantic sturgeon (those Atlantic sturgeon
naturally spawned and grown
[[Page 68249]]
in rivers and ocean waters of the Atlantic Coast).
Parts thereof means any part of an American lobster. A part of a
lobster counts as one lobster.
Point Judith Light means the aid to navigation light located at
Point Judith, RI, and defined as follows: Located at 41 deg.21.7' N.
lat., 71 deg.28.9' W. long.; is 65 ft (19.8 m) above the water; and is
shown from an octagonal tower 51 ft (15.5 m) high.
Recreational fishing means fishing that is not intended to, nor
results in the barter, trade, or sale of fish.
Recreational fishing vessel means any vessel from which no fishing
other than recreational fishing is conducted. Charter and head boats
and commercial dive vessels are not considered recreational fishing
vessels.
Regional Administrator means the Regional Administrator, Northeast
Region, NMFS, or a designee.
Retain means to fail to return any species specified under
Sec. 697.7 of this chapter to the sea immediately after the hook has
been removed or after the species has otherwise been released from the
capture gear.
Sea sampler/observer means any person required or authorized to be
carried on a vessel for conservation and management purposes by
regulations or permits.
Shrimp trawl net means any trawl net that is rigged for fishing and
has a mesh size less than 2.50 inches (6.35 cm), as measured between
the centers of opposite knots when pulled taut, and each try net, as
defined in Sec. 622.2 of this chapter, that is rigged for fishing and
has a headrope length longer than 16 ft (4.9 m).
Stocked Atlantic sturgeon means any Atlantic sturgeon cultured in a
hatchery that is placed in rivers and ocean waters of the Atlantic
Coast to enhance the Atlantic sturgeon spawning stocks.
TED means Turtle Excluder Device, which is a device designed to be
installed in a trawl net forward of the codend for the purpose of
excluding sea turtles from the net.
Trap means any structure or other device, other than a net, that is
placed, or designed to be placed, on the ocean bottom and is designed
for or is capable of, catching lobsters. Red crab fishing gear, fished
deeper than 200 fathoms (365.8 m), is gear deemed not to be a trap for
the purpose of this part, and is not subject to the provisions of this
part.
V-notched American lobster means any female American lobster
bearing a V-shaped notch in the flipper next to and to the right of the
center flipper as viewed from the rear of the lobster (underside of the
lobster down and tail toward the viewer), or any female American
lobster that is mutilated in a manner that could hide or obliterate
such a mark.
V-shaped notch means a straight-sided triangular cut, without setal
hairs, at least \1/4\ inch (0.64 cm) in depth and tapering to a point.
Weakfish means members of the stock or population of the species
Cynoscion regalis, found along the Atlantic Coast from southern Florida
to Massachusetts Bay.
Whole American lobster means a lobster with an intact and
measurable body (tail and carapace). An American lobster with an intact
and measurable body that is missing one or both claws, i.e., a cull
lobster, is considered to be a whole American lobster.
(b) [Reserved]
Sec. 697.3 Relation to other Federal and state laws.
(a) The provisions of sections 307 through 311 of the Magnuson-
Stevens Act, as amended, regarding prohibited acts, civil penalties,
criminal offenses, civil forfeitures, and enforcement apply with
respect to the regulations in this part, as if the regulations in this
part were issued under the Magnuson-Stevens Act.
(b) The relation of this part to other laws is set forth in
Sec. 600.705 of this chapter.
(c) The regulations in this part do not preempt more restrictive
state laws, or state enforcement of more restrictive state laws, with
respect to weakfish fishing and American lobster fishing. If a
requirement of this part and a management measure required by state or
local law differ, any vessel owner permitted to fish in the EEZ must
comply with the more restrictive requirement or measure.
Sec. 697.4 Vessel permits and trap tags.
(a) Limited access American lobster permit. Any vessel of the
United States that fishes for, possesses, or lands American lobster in
or harvested from the EEZ must have been issued and carry on board a
valid Federal limited access lobster permit. This requirement does not
apply to: charter, head, and commercial dive vessels that possess six
or fewer American lobsters per person aboard the vessel if such
lobsters are not intended for, nor used, in trade, barter or sale;
recreational fishing vessels; and vessels that fish exclusively in
state waters for American lobster.
(1) Eligibility in 1999 and thereafter. To be eligible for issuance
or renewal of a Federal limited access lobster permit for fishing year
1999 and thereafter, a vessel must:
(i) Have been issued a Federal limited access lobster permit for
the preceding fishing year by the last day of such fishing year unless
a CPH has been issued as specified in paragraph (a)(5) of this section
or unless otherwise authorized by the Regional Administrator;
(ii) Be replacing a vessel that was issued a Federal limited access
lobster permit for the preceding year; or
(iii) Be replacing a vessel issued a CPH.
(2) Qualification restriction. Unless the Regional Administrator
determines otherwise, no more than one vessel may qualify, at any one
time, for a Federal limited access lobster permit based on that or
another vessel's fishing and permit history. If more than one vessel
owner claims eligibility for a limited access permit, based on one
vessel's fishing and permit history, the Regional Administrator will
determine who is eligible for the permit or a CPH under paragraph
(a)(3) of this section.
(3) Change in ownership. The fishing and permit history, and
management area designation, when required of a vessel, is presumed to
transfer with the vessel whenever it is bought, sold or otherwise
transferred, unless there is a written agreement, signed by the
transferor/seller and transferee/buyer, or other credible written
evidence, verifying that the transferor/seller is retaining the
vessel's fishing and permit history, and management area designation,
for the purposes of replacing the vessel.
(4) Consolidation restriction. Federal limited access American
lobster permits, and any rights or privileges associated thereto, may
not be combined or consolidated.
(5) Confirmation of permit history. Notwithstanding any other
provisions of this part, a person who does not currently own a fishing
vessel, but who has owned a qualifying vessel that has sunk, been
destroyed, or transferred to another person, must apply for and receive
a CPH if the fishing and permit history of such vessel has been
retained lawfully by the applicant. To be eligible to obtain a CPH, the
applicant must show that the qualifying vessel meets the eligibility
requirements, as applicable, in this part. Issuance of a valid CPH
preserves the eligibility of the applicant to apply for a limited
access permit for a replacement vessel based on the qualifying vessel's
fishing and permit history at a subsequent time, subject to the
replacement provisions specified in this section. If fishing privileges
have been assigned or allocated previously under this part, based on
the qualifying vessel's fishing
[[Page 68250]]
and permit history, the CPH also preserves such fishing privileges. A
CPH must be applied for in order for the applicant to preserve the
fishing rights and limited access eligibility of the qualifying vessel.
An application for a CPH must be received by the Regional Administrator
no later than 30 days prior to the end of the first full fishing year
in which a vessel permit cannot be issued. Failure to do so is
considered abandonment of the permit as described in paragraph (o) of
this section. A CPH issued under this part will remain valid until the
fishing and permit history preserved by the CPH is used to qualify a
replacement vessel for a limited access permit. Any decision regarding
the issuance of a CPH for a qualifying vessel that has been applied for
or been issued previously a limited access permit is a final agency
action subject to judicial review under 5 U.S.C. 704. Information
requirements for the CPH application are the same as those for a
limited access permit. Any request for information about the vessel on
the CPH application form means the qualifying vessel that has been
sunk, destroyed, or transferred. Vessel permit applicants who have been
issued a CPH and who wish to obtain a vessel permit for a replacement
vessel based upon the previous vessel history may do so pursuant to
paragraph (c) of this section.
(6) Restriction on permit splitting. A Federal limited access
lobster permit will not be issued to a vessel or its replacement, or
remain valid, if the vessels' permit or fishing history has been used
to qualify another vessel for another Federal fishery.
(7) Management area designations for vessels fishing with traps.
(i) For fishing year 2000 and beyond, it is unlawful for vessels issued
a limited access American lobster permit fishing with traps, to retain
on board, land, or possess American lobster in or from the management
areas specified in Sec. 697.18, unless such fishing vessel has been
issued a valid management area designation certificate or valid limited
access American lobster permit specifying such management area(s).
(ii) For fishing year 2000 and beyond, each owner of a vessel which
fishes with traps capable of catching American lobster, applying for a
limited access American lobster permit must declare to NMFS in his/her
application for a permit or permit renewal, in which management areas
described in Sec. 697.18 the vessel will fish.
(iii) A lobster management area designation certificate or limited
access American lobster permit shall specify in which lobster
management area or areas the vessel may fish.
(iv) Once a vessel has been issued a lobster management area
designation certificate or limited access American lobster permit
specifying the lobster EEZ management areas in which the vessel may
fish, no changes to the EEZ management areas specified may be made for
such vessel for the remainder of the fishing year unless such vessel
becomes a replacement vessel for another qualified vessel.
(v) A vessel issued a lobster management area designation
certificate or limited access American lobster permit specifying more
than one EEZ management area must abide by the most restrictive
management measures in effect for any one of the specified areas,
regardless of the area being fished, for the entire fishing year.
(b) Condition. Vessel owners who apply for a Federal limited access
American lobster permit under this section must agree, as a condition
of the permit, that the vessel and vessel's fishing, catch, and
pertinent gear (without regard to whether such fishing occurs in the
EEZ or landward of the EEZ, and without regard to where such fish or
gear are possessed, taken, or landed), are subject to all requirements
of this part. The vessel and all such fishing, catch, and gear shall
remain subject to all applicable state or local requirements. If a
requirement of this part and a management measure required by state or
local law differ, any vessel owner permitted to fish in the EEZ must
comply with the more restrictive requirement.
(c) Vessel permit application. Applicants for a Federal limited
access American lobster permit under this section must submit a
completed application on an appropriate form obtained from the Regional
Administrator. To be complete, an application for a Federal limited
access American lobster permit must contain at least the following
information, and any other information specified on the application
form or otherwise required by the Regional Administrator: Vessel name;
owner name, mailing address, and telephone number; U.S. Coast Guard
documentation number and a copy of the vessel's U.S. Coast Guard
documentation or, if undocumented, state registration number and a copy
of the state registration; lobster management area designation the
vessel will fish in, as specified in Sec. 697.18, if fishing with traps
capable of catching American lobster; home port and principal port of
landing; overall length; gross tonnage; net tonnage; engine horsepower;
year the vessel was built; type of construction; type of propulsion;
approximate fish-hold capacity; type of fishing gear used by the
vessel; number of crew; permit category; if the owner is a corporation,
a copy of the Certificate of Incorporation; and the names and addresses
of all shareholders owning 25 percent or more of the corporation's
shares; if the owner is a partnership, a copy of the Partnership
Agreement and the names and addresses of all partners; if there is more
than one owner, names of all owners having more than a 25 percent
interest; and name and signature of the owner or the owner's authorized
representative. The application must be signed by the owner of the
vessel, or the owner's authorized representative, and be submitted to
the Regional Administrator at least 30 days prior to the date on which
the permit is needed by the applicant. The Regional Administrator shall
notify the applicant of any deficiency in the application.
(d) Trap tag application, lost and replacement tags. (1) Beginning
fishing year 2000, any lobster trap fished in Federal waters must have
a valid Federal lobster trap tag permanently attached to the trap
bridge or central cross-member.
(2) Trap tags shall be issued by the Regional Administrator, or, by
state agencies, by agreement with the Regional Administrator, provided
that such state tagging programs accurately identify the Federal
limited access American lobster permit holder. NMFS will provide notice
to American lobster permit holders as to the procedure for applying for
trap tags and any required fees.
(3) Vessel owners or operators are required to report to the
Regional Administrator lost, destroyed, and missing tags as soon as
feasible within 7 days after the tags have been discovered lost,
destroyed, or missing, by letter or fax to the Regional Administrator.
(4) Requests for replacement of lost tags in excess of the tag
limit specified in Sec. 697.19(c) must be submitted in writing to the
Regional Administrator on an appropriate form obtained from the
Regional Administrator and signed by the permit holder or authorized
representative. The form and request for replacement tags will be
reviewed by the Regional Administrator on a case-by-case basis and a
decision will be reached on the number of replacement tags to be
issued, if any. A check for the cost of the replacement tags must be
received before tags will be re-issued.
(e) Fees. The Regional Administrator may charge a fee to recover
the administrative expenses of issuing a permit or trap tags required
under this section. Fee amounts shall be calculated in accordance with
the procedures of
[[Page 68251]]
the NOAA Finance Handbook, available from the Regional Administrator,
for determining administrative costs of each special product or
service. Fees may not exceed such costs and shall be specified with
each application form. The applicable fee must accompany each
application; if it does not, the application will be considered
incomplete for purposes of paragraph (f) of this section. Any fee paid
by an insufficiently funded commercial instrument shall render any
permit issued on the basis thereof null and void.
(f) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the Regional Administrator shall issue a permit or tags, as
applicable, within 30 days of receipt of the application unless:
(i) The applicant has failed to submit a completed application. An
application is complete when all requested forms, information,
documentation, and fees, if applicable, have been received;
(ii) The application was not received by the Regional Administrator
by any applicable deadline set forth in this section;
(iii) The applicant and applicant's vessel failed to meet all
applicable eligibility requirements set forth in this section or the
number of tags requested exceeds the applicable tag limit specified in
Sec. 697.19(c);
(iv) The applicant has failed to meet any other application or tag
requirements stated in this part.
(2) Incomplete applications. Upon receipt of an incomplete or
improperly executed application for any permit under this part, the
Regional Administrator shall notify the applicant of the deficiency in
the application. If the applicant fails to correct the deficiency
within 30 days following the date of notification, the application will
be considered abandoned.
(g) Expiration. A permit expires annually upon the renewal date
specified in the permit.
(h) Duration. A permit will continue in effect until the renewal
date unless it is revoked, suspended, or modified under 15 CFR part
904, or otherwise expires, or ownership changes, or the applicant has
failed to report any change in the information on the permit
application to the Regional Administrator as specified in paragraph (k)
of this section.
(i) Reissuance. A vessel permit may be reissued by the Regional
Administrator when requested in writing by the owner or authorized
representative, stating the need for reissuance, the name of the
vessel, and the number of the permit requested to be reissued. An
application for a reissued permit is not considered a new application.
The fee for a reissued permit shall be the same as for an initial
permit.
(j) Transfer. A permit issued under this part is not transferable
or assignable. A permit will be valid only for the fishing vessel,
owner and/or person for which it is issued.
(k) Change in application information. Within 15 days after a
change in the information contained in an application submitted under
this section, a written notice of the change must be submitted to the
Regional Administrator. If the written notice of the change in
information is not received by the Regional Administrator within 15
days, the permit is void.
(l) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(m) Display. A vessel permit must be carried, at all times, on
board the vessel for which it is issued and shall be subject to
inspection upon request by any authorized officer. Any permit issued
under this part must be maintained in legible condition.
(n) Sanctions. Permits issued or sought under this section may be
suspended, revoked, or modified, by procedures governing enforcement-
related permit sanctions and denials, found at subpart D of 15 CFR part
904.
(o) Abandonment or voluntary relinquishment of limited access
American lobster permits. Failure to renew a limited access permit in
any fishing year bars the renewal of the permit in subsequent years. If
a vessel's Federal limited access American lobster permit or CPH is
voluntarily relinquished to the Regional Administrator, or abandoned
through failure to renew or otherwise, no Federal limited access
American lobster permit or CPH may be reissued or renewed based on the
qualifying vessel's history.
Sec. 697.5 Operator permits.
(a) General. Any operator of a vessel issued a Federal limited
access American lobster permit under Sec. 697.4(a), or any operator of
a vessel of the United States that fishes for, possesses, or lands
American lobsters, harvested in or from the EEZ must have been issued
and carry on board a valid operator's permit issued under this section.
This requirement does not apply to: Charter, head, and commercial dive
vessels that possess six or fewer American lobsters per person aboard
the vessel if said lobsters are not intended for nor used in trade,
barter or sale; recreational fishing vessels; and vessels that fish
exclusively in state waters for American lobster.
(b) Operator application. Applicants for a permit under this
section must submit a completed permit application on an appropriate
form obtained from the Regional Administrator. To be complete, an
application must contain at least the following information, and any
other information specified on the application form or otherwise
required by the Regional Administrator: Name, mailing address, and
telephone number; date of birth; hair color; eye color; height; weight;
social security number (optional) and signature of the applicant. The
applicant must also provide two recent (no more than 1 year old) color
passport-size photographs. The application must be signed by the
applicant and submitted to the Regional Administrator at least 30 days
prior to the date on which the applicant desires to have the permit
made effective. The Regional Administrator will notify the applicant of
any deficiency in the application.
(c) Condition. Vessel operators who apply for an operator's permit
under this section must agree, as a condition of this permit, that the
operator and vessels fishing, catch, crew size, and pertinent gear
(without regard to whether such fishing occurs in the EEZ or landward
of the EEZ, and without regard to where such fish or gear are
possessed, taken, or landed), are subject to all requirements of this
part while fishing in the EEZ or on board a vessel permitted under
Sec. 697.4. The vessel and all such fishing, catch, and gear will
remain subject to all applicable state or local requirements. Further,
such operators must agree, as a condition of this permit, that if the
permit is suspended or revoked pursuant to 15 CFR part 904, the
operator cannot be on board any fishing vessel issued a Federal
fisheries permit or any vessel subject to Federal fishing regulations
while the vessel is at sea or engaged in off loading. If a requirement
of this part and a management measure required by state or local law
differ, any operator issued a permit under this part must comply with
the more restrictive requirement or measure.
(d) Fees. The Regional Administrator may charge a fee to recover
the administrative expenses of issuing a permit required under this
section. The amount of the fee shall be calculated in accordance with
the procedures of the NOAA Finance Handbook, available from the
Regional Administrator, for determining administrative costs of each
special product or service. The fee may not exceed such costs and shall
be specified with each application form.
[[Page 68252]]
The applicable fee must accompany each application; if it does not, the
application will be considered incomplete for purposes of paragraph (e)
of this section. Any fee paid by an insufficiently funded commercial
instrument shall render any permit issued on the basis thereof null and
void.
(e) Issuance. Except as provided in subpart D of 15 CFR part 904,
the Regional Administrator shall issue an operator's permit within 30
days of receipt of the application if the criteria specified herein are
met. Upon receipt of an incomplete or improperly executed application,
the Regional Administrator will notify the applicant of the deficiency
in the application. If the application fails to correct the deficiency
within 30 days following the date of notification, the application will
be considered abandoned.
(f) Expiration. A permit expires upon the renewal date specified in
the permit.
(g) Duration. An operator permit is valid until it is revoked,
suspended, or modified under subpart D of 15 CFR part 904, or otherwise
expires, or the applicant has failed to report a change in the
information on the permit application to the Regional Administrator as
specified in paragraph (j) of this section.
(h) Reissuance. An operator permit may be reissued by the Regional
Administrator when requested in writing by the applicant, stating the
need for reissuance and the number of the permit requested to be
reissued. An applicant for a reissued operator permit must also provide
two recent (no more than 1 year old) color passport-size photos of the
applicant. An application for a reissued permit is not considered a new
application. An appropriate fee may be charged.
(i) Transfer. Permits issued under this section are not
transferable or assignable. A permit is valid only for the person to
whom it is issued.
(j) Change in application information. Notice of a change in the
permit holder's name, address, or telephone number must be submitted in
writing to, and received by, the Regional Administrator within 15 days
of the change in information. If written notice of the change in
information is not received by the Regional Administrator within 15
days, the permit is void.
(k) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(l) Display. Any permit issued under this part must be maintained
in legible condition and displayed for inspection upon request by any
authorized officer.
(m) Sanctions. Vessel operators with suspended or revoked permits
may not be on board a federally permitted fishing vessel in any
capacity while the vessel is at sea or engaged in offloading. Permits
issued or sought under this section may be suspended, revoked, or
modified, by procedures governing enforcement-related permit sanctions
and denials, found at subpart D of 15 CFR part 904.
(n) Vessel owner responsibility. Vessel owners are responsible for
ensuring that their vessels are operated by an individual with a valid
operator's permit issued under this section.
Sec. 697.6 Dealer permits.
(a) Any person who receives, for a commercial purpose (other than
solely for transport on land), American lobster from the owner or
operator of a vessel issued a valid permit under this part, or any
person who receives, for a commercial purpose (other than solely for
transport on land), American lobster, managed by this part, must have
been issued, and have in his/her possession, a valid permit issued
under this section.
(b) Dealer application. Applicants for a dealer permit under this
section must submit a completed permit application on an appropriate
form obtained from the Regional Administrator. To be complete, an
application must contain at least the following information, and any
other information specified on the application form or otherwise
required by the Regional Administrator: Company name, place(s) of
business, mailing address(es) and telephone number(s); owner's name;
dealer permit number (if a renewal); and name and signature of the
person responsible for the truth and accuracy of the report. If the
dealer is a corporation, a copy of the Certificate of Incorporation;
and the names and addresses of all shareholders owning 25 percent or
more of the corporation's shares, must be included with the
application. If the dealer is a partnership, a copy of the Partnership
Agreement and the names and addresses of all partners; if there is more
than one partner, names of all partners having more than a 25 percent
interest; and name and signature of all partner or partners authorized
must be included with the application. The application must be signed
by the applicant and submitted to the Regional Administrator at least
30 days prior to the date on which the applicant needs the permit. The
Regional Administrator will notify the applicant of any deficiency in
the application.
(c) Fees. The Regional Administrator may charge a fee to recover
the administrative expenses of issuing a permit required under this
section. The amount of the fee shall be calculated in accordance with
the procedures of the NOAA Finance Handbook, available from the
Regional Administrator, for determining administrative costs of each
special product or service. The fee may not exceed such costs and shall
be specified with each application form. The applicable fee must
accompany each application; if it does not, the application will be
considered incomplete for purposes of paragraph (e) of this section.
Any fee paid by an insufficiently funded commercial instrument shall
render any permit issued on the basis thereof null and void.
(d) Issuance. Except as provided in subpart D of 15 CFR part 904,
the Regional Administrator will issue a permit at any time during the
fishing year to an applicant, unless the applicant has failed to submit
a completed application. An application is complete when all requested
forms, information, and documentation have been received. Upon receipt
of an incomplete or improperly executed application, the Regional
Administrator will notify the applicant of the deficiency in the
application. If the applicant fails to correct the deficiency within 30
days following the date of notification, the application will be
considered abandoned.
(e) Expiration. A permit expires upon the renewal date specified in
the permit.
(f) Duration. A permit is valid until it is revoked, suspended, or
modified under 15 CFR part 904, or otherwise expires, or ownership
changes, or the applicant has failed to report any change in the
information on the permit application to the Regional Administrator as
required by paragraph (i) of this section.
(g) Reissuance. A dealer permit may be reissued by the Regional
Administrator when requested in writing by the applicant, stating the
need for reissuance and the number of the permit requested to be
reissued. An application for a reissued permit is not considered a new
application. An appropriate fee may be charged.
(h) Transfer. Permits issued under this section are not
transferable or assignable. A permit is valid only for the person, or
other business entity, to which it is issued.
(i) Change in application information. Notice of a change in the
dealers name, address, or telephone number must be submitted in writing
to, and received by, the Regional Administrator within 15 days of the
change in information. If written notice of the change in information
is not received by the
[[Page 68253]]
Regional Administrator within 15 days, the permit is void.
(j) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(k) Display. Any permit issued under this part must be maintained
in legible condition and displayed for inspection upon request by any
authorized officer.
(l) Federal versus state requirements. If a requirement of this
part differs from a fisheries management measure required by state law,
any dealer issued a Federal dealer permit under this part must comply
with the more restrictive requirement.
(m) Sanctions. Permits issued or sought under this section may be
suspended, revoked, or modified, by procedures governing enforcement-
related permit sanctions and denials, found at subpart D of 15 CFR part
904.
Sec. 697.7 Prohibitions.
(a) Atlantic Coast weakfish fishery. In addition to the
prohibitions set forth in Sec. 600.725 of this chapter, it is unlawful
for any person to do any of the following:
(1) Fish for, harvest, or possess any weakfish less than 12 inches
(30.5 cm) in total length (measured as a straight line along the bottom
of the fish from the tip of the lower jaw with the mouth closed to the
end of the lower tip of the tail) from the EEZ.
(2) Retain any weakfish less than 12 inches (30.5 cm) in total
length taken in or from the EEZ.
(3) Fish for weakfish in the EEZ with a minimum mesh size less than
3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the
centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm)
diamond stretch mesh for trawls and 2\7/8\-inch (7.3 cm) stretch mesh
for gillnets.
(4) Possess more than 150 lb (67 kg) of weakfish during any one day
or trip, whichever is longer, in the EEZ when using a mesh size less
than 3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the
centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm)
diamond stretch mesh for finfish trawls and 2\7/8\-inch (7.3 cm)
stretch mesh for gillnets.
(5) Fish using a flynet in the EEZ off North Carolina in the area
bounded as follows:
(i) On the north by a straight line connecting points 35 deg.10.8'
N. lat., 75 deg.29.2' W. long. (3 nm off Cape Hatteras) and
35 deg.03.5' N. lat., 75 deg.11.8' W. long. (20 nm off Cape Hatteras).
(ii) The east by a straight line connecting points 35 deg.03.5' N.
lat., 75 deg.11.8' W. long. (20 nm off Cape Hatteras) and 33 deg.21.1'
N. lat., 77 deg.57.5' W. long., (about 30 nm off Cape Fear on the
extension of the North Carolina/South Carolina state line into the
EEZ).
(iii) On the south by a straight line connecting points
33 deg.21.1' N. lat., 77 deg.57.5' W. long., and 33 deg.48.8' N. lat.,
78 deg.29.7' W. long. (3 nm off Little River Inlet on the North
Carolina/South Carolina state line).
(iv) On the west by state waters.
(6) Possess any weakfish in the closed area of the EEZ, as
described in paragraph (a)(5) of this section, when fishing with shrimp
trawls or crab trawls.
(7) Land weakfish for commercial purposes caught in the EEZ in any
state other than Massachusetts, Rhode Island, Connecticut, New York,
New Jersey, Delaware, Maryland, Virginia, or North Carolina.
(b) Atlantic striped bass fishery. In addition to the prohibitions
set forth in Sec. 600.725 of this chapter, it is unlawful for any
person to do any of the following:
(1) Fish for Atlantic striped bass in the EEZ.
(2) Harvest any Atlantic striped bass from the EEZ.
(3) Possess any Atlantic striped bass in or from the EEZ, except in
the following area: The EEZ within Block Island Sound, north of a line
connecting Montauk Light, Montauk Point, NY, and Block Island Southeast
Light, Block Island, RI; and west of a line connecting Point Judith
Light, Point Judith, RI, and Block Island Southeast Light, Block
Island, RI. Within this area, possession of Atlantic striped bass is
permitted, provided no fishing takes place from the vessel while in the
EEZ and the vessel is in continuous transit.
(4) Retain any Atlantic striped bass taken in or from the EEZ.
(c) American lobster. (1) In addition to the prohibitions specified
in Sec. 600.725 of this chapter, it is unlawful for any person owning
or operating a vessel issued a Federal limited access American lobster
permit under Sec. 697.4 or a vessel or person holding a valid State of
Maine American lobster permit or license and fishing under the
provisions of and under the areas designated in Sec. 697.24 to do any
of the following:
(i) Retain on board, land, or possess at or after landing, whole
American lobsters that fail to meet the minimum carapace length
standard specified in Sec. 697.20(b). All American lobsters will be
subject to inspection and enforcement action, up to and including the
time when a dealer receives or possesses American lobsters for a
commercial purpose.
(ii) Retain on board, land, or possess, up to the time when a
dealer first receives or possesses American lobster for a commercial
purpose, any American lobster or parts thereof in violation of the
mutilation standards specified in Sec. 697.20(c).
(iii) Retain on board, land, or possess any berried female American
lobster specified in Sec. 697.20(d).
(iv) Remove eggs from any berried female American lobster, land, or
possess any such lobster from which eggs have been removed. No person
owning or operating a vessel issued a Federal limited access American
lobster permit under Sec. 697.4 or a vessel or person holding a State
of Maine American lobster permit or license and fishing under the
provisions of and under the areas designated in Sec. 697.24 may land or
possess any lobster that has come in contact with any substance capable
of removing lobster eggs.
(v) Retain on board, land, or possess any V-notched female American
lobster.
(vi) Spear any American lobster, or land or possess any American
lobster which has been speared.
(vii) Possess, deploy, fish with, haul, harvest lobster from, or
carry aboard a vessel trap gear in excess of the trap limits specified
in Sec. 697.19.
(viii) Possess, deploy, haul, harvest lobster from, or carry aboard
a vessel any trap gear not identified, vented, paneled, and of a volume
larger than specified in accordance with the requirements in
Sec. 697.21, unless such gear has been rendered unfishable.
(ix) Beginning May 1, 2000, possess, deploy, haul, harvest lobster
from, or carry aboard a vessel any trap gear not tagged in accordance
with the requirements in Sec. 697.19, unless such gear has been
rendered unfishable.
(x) Beginning May 1, 2000, fail to produce, or cause to be
produced, lobster trap tags when requested by an authorized officer.
(xi) Beginning May 1, 2000, reproduce, or cause to be reproduced,
lobster trap tags without the written consent of the Regional
Administrator.
(xii) Beginning May 1, 2000, possess a lobster trap tag, tag a
lobster trap with, or use, a lobster trap tag that has been reported
lost, missing, destroyed, or issued to another vessel.
(xiii) Beginning May 1, 2000, sell, transfer, or give away lobster
trap tags that have been reported lost, missing, destroyed, or issued
to another vessel.
(xiv) Fail to affix and maintain permanent markings, as required by
Sec. 697.8.
(xv) Fish for, retain on board, land, or possess American lobsters,
unless the operator of the vessel has been issued an
[[Page 68254]]
operator's permit under Sec. 697.5, and the permit is on board the
vessel and is valid.
(xvi) Fail to report to the Regional Administrator within 15 days
any change in the information contained in the permit application as
required under Sec. 697.4(k) or Sec. 697.5(j).
(xvii) Make any false statement in connection with an application
under Sec. 697.4, Sec. 697.5, or Sec. 697.6.
(xviii) Sell, transfer, or barter or attempt to sell, transfer, or
barter to a dealer any American lobsters, unless the dealer has a valid
Federal Dealer's Permit issued under Sec. 697.6.
(xix) Refuse or fail to carry a sea sampler/observer if requested
to do so by the Regional Administrator.
(xx) Fail to provide a sea sampler/observer with required food,
accommodations, access, and assistance, as specified in Sec. 697.12.
(xxi) Violate any terms of a letter authorizing exempted fishing
pursuant to Sec. 697.22 or to fail to keep such letter aboard the
vessel during the time period of the exempted fishing.
(xxii) Possess, deploy, fish with, haul, harvest lobster from, or
carry aboard a vessel any trap gear on a fishing trip in the EEZ from a
vessel that fishes for, takes, catches, or harvests lobster by a method
other than traps.
(xxiii) Fish for, take, catch, or harvest lobster on a fishing trip
in or from the EEZ by a method other than traps, in excess of 100
lobsters (or parts thereof), for each lobster day-at-sea or part of a
lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof)
for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i),
(a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A),
(b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter.
(xxiv) Possess, retain on board, or land lobster by a vessel with
any non-trap gear on board capable of catching lobsters, in excess of
100 lobsters (or parts thereof), for each lobster day-at-sea or part of
a lobster day-at-sea, up to a maximum of 500 lobsters (or parts
thereof) for any one trip unless otherwise restricted by
Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D),
(a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of
this chapter.
(xxv) Transfer or attempt to transfer American lobster from one
vessel to another vessel.
(xxvi) Beginning May 1, 2000, possess, deploy, fish with, haul,
harvest lobster from, or carry aboard a vessel any trap gear in or from
the management areas specified in Sec. 697.18, unless such fishing
vessel has been issued a valid management area designation certificate
or valid limited access American lobster permit specifying such
management area(s) as required under Sec. 697.4(a)(7).
(2) In addition to the prohibitions specified in Sec. 600.725 of
this chapter and the prohibitions specified in paragraph (c)(1) of this
section, it is unlawful for any person to do any of the following:
(i) Retain on board, land, or possess American lobsters unless:
(A) The American lobsters were harvested by a vessel that has been
issued and carries on board a valid Federal limited access American
lobster permit under Sec. 697.4; or
(B) The American lobsters were harvested by a vessel without a
valid Federal limited access American lobster permit and that fishes
for American lobsters exclusively in state waters; or
(C) The American lobsters were harvested by a charter boat, head
boat, or commercial dive vessel that possesses six or fewer American
lobsters per person on board the vessel and the lobsters are not
intended to be, or are not, traded, bartered, or sold; or
(D) The American lobsters were harvested by a recreational fishing
vessel; or
(E) The American lobsters were harvested by a vessel or person
holding a valid State of Maine American lobster permit or license and
is fishing under the provisions of and in the areas designated in
Sec. 697.24.
(ii) Sell, barter, or trade, or otherwise transfer, or attempt to
sell, barter, or trade, or otherwise transfer, for a commercial
purpose, any American lobsters from a vessel, unless the vessel has
been issued a valid Federal limited access American lobster permit
under Sec. 697.4, or the American lobsters were harvested by a vessel
without a valid Federal limited access American lobster permit that
fishes for American lobsters exclusively in state waters or unless the
vessel or person holds a valid State of Maine American lobster permit
or license and that is fishing under the provisions of and in the areas
designated in Sec. 697.24.
(iii) To be, or act as, an operator of a vessel fishing for or
possessing American lobsters in or from the EEZ, or issued a Federal
limited access American lobster permit under Sec. 697.4, without having
been issued and possessing a valid operator's permit under Sec. 697.5.
(iv) Purchase, possess, or receive for a commercial purpose, or
attempt to purchase, possess, or receive for a commercial purpose, as,
or in the capacity of, a dealer, American lobsters taken from or
harvested by a fishing vessel issued a Federal limited access American
lobster permit, unless in possession of a valid dealer's permit issued
under Sec. 697.6.
(v) Purchase, possess, or receive for commercial purposes, or
attempt to purchase or receive for commercial purposes, as, or in the
capacity of, a dealer, American lobsters caught by a vessel other than
one issued a valid Federal limited access American lobster permit under
Sec. 697.4, or one holding or owned or operated by one holding a valid
State of Maine American lobster permit or license and fishing under the
provisions of and in the areas designated in Sec. 697.24, unless the
American lobsters were harvested by a vessel without a Federal limited
access American lobster permit and that fishes for American lobsters
exclusively in state waters.
(vi) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, or coercion any
NMFS-approved sea sampler/observer aboard a vessel conducting his or
her duties aboard a vessel, or any authorized officer conducting any
search, inspection, investigation, or seizure in connection with
enforcement of this part, or any official designee of the Regional
Administrator conducting his or her duties.
(vii) Refuse to carry a sea sampler/observer if requested to do so
by the Regional Administrator.
(viii) Refuse reasonable assistance to either a NMFS-approved sea
sampler/observer conducting his or her duties aboard a vessel.
(ix) Make any false statement, oral or written, to an authorized
officer, concerning the taking, catching, harvesting, landing,
purchase, sale, or transfer of any American lobster.
(x) Violate any provision of this part, the ACFCMA, the Magnuson-
Stevens Act, or any regulation, permit, or notification issued under
the ACFCMA, the Magnuson-Stevens Act, or these regulations.
(xi) Retain on board, land, or possess any American lobsters
harvested in or from the EEZ in violation of Sec. 697.20.
(xii) Ship, transport, offer for sale, sell, or purchase, in
interstate or foreign commerce, any whole live American lobster in
violation of Sec. 697.20.
(xiii) Fish, or be in the areas described in Sec. 697.23(b)(2),
(c)(2), (d)(2), and (e)(2) on a fishing vessel with mobile gear during
the time periods specified in Sec. 697.23(b)(1), (c)(1), (d)(1), and
(e)(1), except as provided in Sec. 697.23(b)(1), (c)(1), (d)(1), and
(e)(1).
(xiv) Fish, or be in the areas described in Sec. 697.23(b)(2),
(c)(2), and (d)(2) on a fishing vessel with lobster trap gear on
[[Page 68255]]
board during the time periods specified in Sec. 697.23(b)(1), (c)(1),
and (d)(1).
(xv) Deploy or fail to remove lobster trap gear in the areas
described in Sec. 697.23(b)(2), (c)(2), and (d)(2) during the time
periods specified in Sec. 697.23(b)(1), (c)(1), and (d)(1).
(xvi) Violate any terms of a letter authorizing exempted fishing
pursuant to Sec. 697.22 or to fail to keep such letter aboard the
vessel during the time period of the exempted fishing.
(xvii) Possess, deploy, fish with, haul, harvest lobster from, or
carry aboard a vessel any trap gear on a fishing trip in the EEZ on a
vessel that fishes for, takes, catches, or harvests lobster by a method
other than traps.
(xviii) Fish for, take, catch, or harvest lobster on a fishing trip
in the EEZ by a method other than traps, in excess of 100 lobsters (or
parts thereof), for each lobster day-at-sea or part of a lobster day-
at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one
trip unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A),
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or
Sec. 697.7(c)(2)(i)(C) of this chapter.
(xix) Possess, retain on board, or land lobster by a vessel with
any non-trap gear on board capable of catching lobsters, in excess of
100 lobsters (or parts thereof), for each lobster day-at-sea or part of
a lobster day-at-sea, up to a maximum of 500 lobsters (or parts
thereof) for any one trip unless otherwise restricted by
Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D),
(a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of
this chapter.
(xx) Transfer or attempt to transfer American lobster from one
vessel to another vessel.
(3) Presumptions. (i) Any person possessing, or landing American
lobsters or parts thereof at or prior to the time when those American
lobsters are landed, or are received or possessed by a dealer for the
first time, is subject to all of the prohibitions specified in
paragraph (c) of this section, unless the American lobsters were
harvested by a vessel without a Federal limited access American lobster
permit and that fishes for American lobsters exclusively in state
waters; or are from a charter, head, or commercial dive vessel that
possesses or possessed six or fewer American lobsters per person aboard
the vessel and the lobsters are not intended for sale, trade, or
barter; or are from a recreational fishing vessel.
(ii) American lobsters or parts thereof that are possessed, or
landed at or prior to the time when the American lobsters are received
by a dealer, or whole American lobsters that are possessed by a dealer,
are presumed to have been harvested from the EEZ or by a vessel with a
Federal limited access American lobster permit. A preponderance of all
submitted evidence that such American lobsters were harvested by a
vessel without a Federal limited access American lobster permit and
fishing exclusively for American lobsters in state or foreign waters
will be sufficient to rebut this presumption.
(iii) The possession of egg-bearing female American lobsters, V-
notched female American lobsters, American lobsters that are smaller
than the minimum size set forth in Sec. 697.20(b), or lobster parts,
possessed at or prior to the time when the aforementioned lobsters or
parts are received by a dealer, will be prima facie evidence that such
American lobsters or parts were taken or imported in violation of these
regulations. A preponderance of all submitted evidence that such
American lobsters were harvested by a vessel not holding a permit under
this part and fishing exclusively within state or foreign waters will
be sufficient to rebut the presumption.
(d) Atlantic sturgeon fishery. In addition to the prohibitions set
forth in Sec. 600.725, it is unlawful for any person to do any of the
following:
(1) Fish for Atlantic sturgeon in the EEZ.
(2) Harvest any Atlantic sturgeon from the EEZ.
(3) Possess any natural or stocked Atlantic sturgeon in or from the
EEZ.
(4) Retain any Atlantic sturgeon taken in or from the EEZ.
(5) Possess any natural Atlantic sturgeon parts, including Atlantic
sturgeon eggs, in the EEZ.
Sec. 697.8 Vessel identification.
(a) Vessel name and official number. Each fishing vessel issued a
limited access American lobster permit and over 25 ft (7.6 m) in
registered length must:
(1) Have affixed permanently its name on the port and starboard
sides of the bow and, if possible, on its stern.
(2) Have its official number displayed on the port and starboard
sides of the deckhouse or hull, and on an appropriate weather deck so
as to be clearly visible from enforcement vessels and aircraft. The
official number is the USCG documentation number or the vessel's state
registration number for vessels not required to be documented under
title 46 U.S.C.
(b) Numerals. Except as provided in paragraph (d) of this section,
each fishing vessel issued a limited access American lobster permit
must display its official number in block arabic numerals in
contrasting color at least 18 inches (45.7 cm) in height for fishing
vessels over 65 ft (19.8 m) in registered length, and at least 10
inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in
registered length. The registered length of a vessel, for purposes of
this section, is that registered length set forth in USCG or state
records.
(c) Duties of owner. The owner of each vessel issued a limited
access American lobster permit shall ensure that--
(1) The vessel's name and official number are kept clearly legible
and in good repair.
(2) No part of the vessel, its rigging, its fishing gear, or any
other object obstructs the view of the official number from any
enforcement vessel or aircraft.
(d) Non-permanent marking. Vessels over 25 ft (7.6 m) in registered
length, fishing in the EEZ and carrying recreational fishing parties on
a per capita basis or by charter must use markings that meet the above
requirements, except for the requirement that they be affixed
permanently to the vessel. The non-permanent markings must be displayed
in conformity with the aforementioned requirements.
Sec. 697.9 Facilitation of enforcement.
(a) General. See Sec. 600.504 of this chapter.
(b) Radio hails. Permit holders, while underway, must be alert for
communication conveying enforcement instructions and immediately answer
via VHF-FM radio, channel 16, when hailed by an enforcement officer.
Vessels not required to have VHF-FM radios by the Coast Guard are
exempt from this requirement.
Sec. 697.10 Penalties.
See Sec. 600.735 of this chapter.
Sec. 697.11 Civil procedures.
The civil procedure regulations at 15 CFR part 904 apply to civil
penalties, permit sanctions, seizures, and forfeitures under the
Atlantic Striped Bass Conservation Act and the ACFCMA, and to the
regulations of this part.
Sec. 697.12 At-sea sea sampler/observer coverage.
(a) The Regional Administrator may request any vessel issued a
Federal limited access American lobster permit to carry a NMFS-approved
sea sampler/observer. If requested by the Regional Administrator to
carry a sea sampler/observer, a vessel may not engage in any fishing
operations in the respective fishery unless a sea sampler/observer is
on board, or unless the requirement is
[[Page 68256]]
waived, as specified in paragraph (c) of this section.
(b) If requested in writing by the Regional Administrator to carry
an sea sampler/observer, it is the responsibility of the vessel owner
to arrange for and facilitate sea sampler/observer placement. Owners of
vessels selected for sea sampler/observer coverage must notify the
appropriate Regional or Science and Research Administrator, as
specified by the Regional Administrator, before commencing any fishing
trip that may result in the harvest of resources of the respective
fishery. Notification procedures will be specified in election letters
to vessel owners.
(c) The Regional Administrator may waive in writing the requirement
to carry a sea sampler/observer if the facilities on a vessel for
housing the sea sampler/observer, or for carrying out sea sampler/
observer functions, are so inadequate or unsafe that the health or
safety of the sea sampler/observer, or the safe operation of the
vessel, would be jeopardized.
(d) An owner or operator of a vessel on which a NMFS-approved sea
sampler/observer is embarked must:
(1) Provide accommodations and food that are equivalent to those
provided to the crew.
(2) Allow the sea sampler/observer access to and use of the
vessel's communications equipment and personnel upon request for the
transmission and receipt of messages related to the sea sampler's/
observer's duties.
(3) Provide true vessel locations, by latitude and longitude or
loran coordinates, as requested by the sea sampler/observer, and allow
the sea sampler/observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's
position.
(4) Notify the sea sampler/observer in a timely fashion of when
fishing operations are to begin and end.
(5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Administrator, ensuring that
transfers of sea samplers/observers at sea are accomplished in a safe
manner, via small boat or raft, during daylight hours as weather and
sea conditions allow, and with the agreement of the sea samplers/
observers involved.
(6) Allow the sea sampler/observer free and unobstructed access to
the vessel's bridge, working decks, holding bins, weight scales, holds,
and any other space used to hold, process, weigh, or store fish.
(7) Allow the sea sampler/observer to inspect and copy the vessel's
log, communications log, and records associated with the catch and
distribution of fish for that trip.
(e) The owner or operator of a vessel issued a Federal limited
access American lobster permit, if requested by the sea sampler/
observer also must:
(1) Notify the sea sampler/observer of any sea turtles, marine
mammals, or other specimens taken by the vessel.
(2) Provide the sea sampler/observer with sea turtles, marine
mammals, or other specimens taken by the vessel.
(f) NMFS may accept sea sampler/observer coverage funded by outside
sources if:
(1) All coverage conducted by such sea samplers/observers is
determined by NMFS to be in compliance with NMFS' sea sampler/observer
guidelines and procedures.
(2) The owner or operator of the vessel complies with all other
provisions of this part.
(3) The sea sampler/observer is approved by the Regional
Administrator.
Subpart B--Management Measures
Sec. 697.17 Non-trap harvest restrictions.
(a) Non-trap landing limits. In addition to the prohibitions set
forth in Sec. 600.725 of this chapter, it is unlawful for a vessel with
any non-trap gear on board capable of catching lobsters, or, that
fishes for, takes, catches, or harvests lobster on a fishing trip in or
from the EEZ by a method other than traps, to possess, retain on board,
or land, in excess of 100 lobsters (or parts thereof), for each lobster
day-at-sea or part of a lobster day-at-sea, up to a maximum of 500
lobsters (or parts thereof) for any one trip, unless otherwise
restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i),
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or
Sec. 697.7(c)(2)(i)(C) of this chapter.
(b) All persons that fish for, take, catch, or harvest lobsters on
a fishing trip in or from the EEZ are prohibited from transferring or
attempting to transfer American lobster from one vessel to another
vessel.
(c) Any vessel on a fishing trip in the EEZ that fishes for, takes,
catches, or harvests lobster by a method other than traps may not
possess on board, deploy, fish with, or haul back traps.
Sec. 697.18 Lobster management areas.
The following lobster management areas are established for purposes
of implementing the management measures specified in this part. (A copy
of a chart showing the American lobster EEZ management areas is
available upon request to the Office of the Regional Administrator,
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
(a) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area
1 is defined by the area, including state and Federal waters that are
near-shore in the Gulf of Maine, bounded by straight lines connecting
the following points, in the order stated, and the coastline of Maine,
New Hampshire, and Massachusetts to the northernmost point on Cape Cod:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
A............................. 43 deg.58' N. 67 deg.22' W.
B............................. 43 deg.41' N. 68 deg.00' W.
C............................. 43 deg.12' N. 69 deg.00' W.
D............................. 42 deg.49' N. 69 deg.40' W.
E............................. 42 deg.15.5' N. 69 deg.40' W.
G............................. 42 deg.05.5' N. 70 deg.14' W.
G1............................ 42 deg.04.25' N. 70 deg.17.22' W.
G2............................ 42 deg.02.84' N. 70 deg.16.1' W.
G3............................ 42 deg.03.35' N. 70 deg.14.2' W.
------------------------------------------------------------------------
Along the coastline of Massachusetts, New Hampshire, Maine, and the
seaward EEZ boundary back to point A.
(b) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area
2 is defined by the area, including state and Federal waters that are
near-shore in Southern New England, bounded by straight lines
connecting the following points, in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
H............................. 41 deg.40' N. 70 deg.00' W.
I............................. 41 deg.15' N. 70 deg.00' W.
J............................. 41 deg.21.5' N. 69 deg.16' W.
K............................. 41 deg.10' N. 69 deg.06.5' W.
L............................. 40 deg.55' N. 68 deg.54' W.
M............................. 40 deg.27.5' N. 72 deg.14' W.
N............................. 40 deg.45.5' N. 71 deg.34' W.
O............................. 41 deg.07' N. 71 deg.43' W.
P............................. 41 deg.06.5' N. 71 deg.47' W.
Q............................. 41 deg.11'30'' N. 71 deg.47'15'' W.
R............................. 41 deg.18'30'' N. 71 deg.54'30'' W.
------------------------------------------------------------------------
From point ``R'' along the maritime boundary between Connecticut and
Rhode Island to the coastal Connecticut/Rhode Island boundary and then
back to point ``H'' along the Rhode Island and Massachusetts coast.
(c) Area 2/3 Overlap. The Area 2/3 Overlap is defined by the area,
comprised entirely of Federal waters, bounded by straight lines
connecting the following points, in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
K............................. 41 deg.10' N. 69 deg.06.5' W.
L............................. 40 deg.55' N. 68 deg.54' W.
M............................. 40 deg.27.5' N. 72 deg.14' W.
N............................. 40 deg.45.5' N. 71 deg.34' W.
------------------------------------------------------------------------
(d) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3
is defined by the area, comprised entirely
[[Page 68257]]
of Federal waters, bounded by straight lines connecting the following
points, in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
A............................. 43 deg.58' N. 67 deg.22' W.
B............................. 43 deg.41' N. 68 deg.00' W.
C............................. 43 deg.12' N. 69 deg.00' W.
D............................. 42 deg.49' N. 69 deg.40' W.
E............................. 42 deg.15.5' N. 69 deg.40' W.
F............................. 42 deg.10' N. 69 deg.56' W.
K............................. 41 deg.10' N. 69 deg.06.5' W.
N............................. 40 deg.45.5' N. 71 deg.34' W.
M............................. 40 deg.27.5' N. 72 deg.14' W.
U............................. 40 deg.12.5' N. 72 deg.48.5' W.
V............................. 39 deg.50' N. 73 deg.01' W.
X............................. 38 deg.39.5' N. 73 deg.40' W.
Y............................. 38 deg.12' N. 73 deg.55' W.
Z............................. 37 deg.12' N. 74 deg.44' W.
ZA............................ 35 deg.34' N. 74 deg.51' W.
ZB............................ 35 deg.14.5' N. 75 deg.31' W.
ZC............................ 35 deg.14.5' N. 71 deg.24' W.
From point ``ZC'' along the seaward EEZ boundary to point ``A''.
------------------------------------------------------------------------
(e) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area
4 is defined by the area, including state and Federal waters that are
near-shore in the northern Mid-Atlantic, bounded by straight lines
connecting the following points, in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
M............................. 40 deg.27.5' N. 72 deg.14' W.
N............................. 40 deg.45.5' N. 71 deg.34' W.
O............................. 41 deg.07' N. 71 deg.43' W.
P............................. 41 deg.06.5' N. 71 deg.47' W.
S............................. 40 deg.58' N. 72 deg.00' W.
T............................. 41 deg.00.5' N. 72 deg.00' W.
From Point ``T'', along the New York/New Jersey coast to Point ``W''
W............................. 39 deg.50' N. 74 deg.09' W.
V............................. 39 deg.50' N. 73 deg.01' W.
U............................. 40 deg.12.5' N. 72 deg.48.5' W.
From Point ``U'' back to Point ``M''.
------------------------------------------------------------------------
(f) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area
5 is defined by the area, including state and Federal waters that are
near-shore in the southern Mid-Atlantic, bounded by straight lines
connecting the following points, in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
W............................. 39 deg.50' N. 74 deg.09' W.
V............................. 39 deg.50' N. 73 deg.01' W.
X............................. 38 deg.39.5' N. 73 deg.40' W.
Y............................. 38 deg.12' N. 73 deg.55' W.
Z............................. 37 deg.12' N. 74 deg.44' W.
ZA............................ 35 deg.34' N. 74 deg.51' W.
ZB............................ 35 deg.14.5' N. 75 deg.31' W.
From Point ``ZB'' along the coasts of North Carolina, Virginia,
Maryland, Delaware, New Jersey back to Point ``W''.
------------------------------------------------------------------------
(g) Nearshore Management Area 6. The Nearshore Management Area 6 is
defined by the area, including New York and Connecticut state waters,
bounded by straight lines connecting the following points, in the order
stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
T............................. 41 deg.00.5' N. 72 deg.00' W.
S............................. 40 deg.58' N. 72 deg.00' W.
From Point ``S'', boundary follows the 3 mile limit of New York as it
curves around Montauk Point to Point ``P''
P............................. 41 deg.06.5' N. 71 deg.47' W.
Q............................. 41 deg.11'30'' N. 71 deg.47'15'' W.
R............................. 41 deg.18'30'' N. 71 deg.54'30'' W.
From point ``R'', along the maritime boundary between Connecticut and
Rhode Island to the coast; then west along the coast of Connecticut to
the western entrance of Long Island Sound; then east along the New York
coast of Long Island Sound and back to Point ``T''.
------------------------------------------------------------------------
(h) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore
Outer Cape Lobster Management Area is defined by the area, including
state and Federal waters off Cape Cod, bounded by straight lines
connecting the following points, in the order stated:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
F............................. 42 deg.10' N. 69 deg.56' W.
G............................. 42 deg.05.5' N. 70 deg.14' W.
G1............................ 42 deg.04.25' N. 70 deg.17.22' W.
G2............................ 42 deg.02.84' N. 70 deg.16.1' W.
G3............................ 42 deg.03.35' N. 70 deg.14.2' W.
From Point G3 along the outer Cape Cod coast to Point H
H............................. 41 deg.40' N. 70 deg.00' W.
I............................. 41 deg.15' N. 70 deg.00' W.
J............................. 41 deg.21.5' N. 69 deg.16' W.
From Point ``J'' back to Point ``F''.
------------------------------------------------------------------------
(i) NMFS may, consistent with Sec. 697.25, implement management
measures necessary for each management area, in order to end
overfishing and rebuild stocks of American lobster.
Sec. 697.19 Trap limits and trap tag requirements for vessels fishing
with traps.
(a) Trap limits for vessels fishing or authorized to fish in any
Nearshore Management Area. (1) Beginning January 5, 2000, through April
30, 2000, vessels fishing in any EEZ management area except EEZ
Offshore Management Area 3, shall not fish with, deploy in, possess in,
or haul back from such area more than 1,000 traps.
(2) Beginning May 1, 2000, vessels fishing in or issued a
management area designation certificate or valid limited access
American lobster permit specifying the EEZ Nearshore Management Area(s)
and the Area 2/3 Overlap, or, only the Area 2/3 Overlap, shall not fish
with, deploy in, possess in, or haul back from such area more than 800
traps.
(b) Trap limits for vessels fishing or authorized to fish in the
EEZ Offshore Management Area. (1) Beginning January 5, 2000, through
April 30, 2000, vessels fishing only EEZ Offshore Management Area 3,
or, fishing only EEZ Offshore Management Area 3 and the Area 2/3
Overlap, shall not fish with, deploy in, possess in, or haul back from
such area more than 2,000 traps.
(2) Beginning May 1, 2000, vessels fishing only in or issued a
management area designation certificate or valid limited access
American lobster permit specifying only EEZ Offshore Management Area 3,
or, specifying only EEZ Offshore Management Area 3 and the Area 2/3
Overlap, shall not fish with, deploy in, possess in, or haul back from
such area more than 1,800 traps.
(c) Trap tag requirements for vessels fishing with traps. Beginning
May 1, 2000, any lobster trap fished in Federal waters must have a
valid Federal lobster trap tag permanently attached to the trap bridge
or central cross-member.
(d) In any fishing year, the maximum number of tags authorized for
direct purchase by each permit holder is the applicable trap limit
specified in paragraphs (a) and (b) of this section plus an additional
10 percent to cover trap loss.
Sec. 697.20 Size, harvesting and landing requirements.
(a) Condition. By being issued a Federal limited access American
lobster permit, the vessel owner is subject to all measures in this
subpart, unless otherwise specified, regardless of where American
lobsters were harvested.
(b) Carapace length. (1) The minimum carapace length for all
American lobsters harvested in or from the EEZ is 3\1/4\ inches (8.26
cm).
(2) The minimum carapace length for all American lobsters landed,
harvested, or possessed by vessels issued a Federal limited access
American lobster permit, is 3\1/4\ inches (8.26 cm).
(3) The maximum carapace length for all American lobster harvested
in or from EEZ Nearshore Management Area 1, as defined in
Sec. 697.18(a)(1), is 5 inches (12.7 cm). Any vessel fishing in or
permitted to fish in EEZ Nearshore Management Area 1 must comply with
the 5 inch (12.7 cm) maximum carapace length requirement regardless of
where the lobsters are harvested.
(4) No person may ship, transport, offer for sale, sell, or
purchase, in interstate or foreign commerce, any whole live American
lobster that is smaller than the minimum size specified in paragraph
(b) in this section.
[[Page 68258]]
(c) Mutilation. (1) Subject to the rebuttable presumption in
Sec. 697.7(c)(3), no person may remove meat or any body appendage from
any American lobster harvested in or from the EEZ before, or at the
time of landing, or have in possession any American lobster part other
than whole lobsters, up to the time when a dealer first receives or
possesses American lobster.
(2) Subject to the rebuttable presumption in Sec. 697.7(c)(3), no
owner, operator or person aboard a vessel issued a Federal American
lobster permit may remove meat or any body appendage from any American
lobster before or at the time of landing, or have in possession any
American lobster part other than whole lobsters, up to the time when a
dealer first receives or possesses American lobster.
(d) Berried females. (1) Any berried female harvested in or from
the EEZ must be returned to the sea immediately.
(2) Any berried female harvested or possessed by a vessel issued a
Federal limited access American lobster permit must be returned to the
sea immediately.
(3) No vessel, or owner, operator or person aboard a vessel issued
a Federal limited access American lobster permit may possess any
berried female.
(4) No person may possess, ship, transport, offer for sale, sell,
or purchase, in interstate or foreign commerce, any berried female as
specified in paragraph (d) of this section.
(e) Removal of eggs. (1) No person may remove, including, but not
limited to, the forcible removal and removal by chemicals or other
substances or liquids, extruded eggs attached to the abdominal
appendages from any female American lobster.
(2) No owner, operator or person aboard a vessel issued a Federal
limited access American lobster permit may remove, including but not
limited to, the forcible removal, and removal by chemicals or other
substances or liquids, extruded eggs attached to the abdominal
appendages from any female American lobster.
(3) No person may possess, ship, transport, offer for sale, sell,
or purchase, in interstate or foreign commerce, any whole live American
lobster that bears evidence of the removal of extruded eggs from its
abdominal appendages as specified in paragraph (e) of this section.
(f) Spearing. (1) No person may spear any American lobster in the
EEZ.
(2) No person on a vessel issued a Federal lobster license may
spear a lobster.
(3) No person may harvest or possess any American lobster which has
been speared in the EEZ.
(4) No person may possess, ship, transport, offer for sale, sell,
or purchase, in interstate or foreign commerce, any American lobster
which has been speared.
Sec. 697.21 Gear identification and marking, escape vent, maximum trap
size, and ghost panel requirements.
(a) Gear identification and marking. All lobster gear deployed or
possessed in the EEZ, or, deployed or possessed by a person on or from
a vessel issued a Federal limited access American lobster permit, and
not permanently attached to the vessel must be legibly and indelibly
marked with the following:
(1) Identification. Effective through April 30, 2000, all lobster
gear must be marked with the following code of identification:
(i) A number assigned by the Regional Administrator; or
(ii) Whatever positive identification marking is required by the
vessel's home-port state.
(2) Identification and trap tagging. Beginning May 1, 2000, lobster
gear must be marked with a trap tag (as specified in Sec. 697.19) with
the following code of identification:
(i) A number assigned by the Regional Administrator; or
(ii) Whatever positive identification marking is required by the
vessel's home-port state.
(b) Deployment and gear configuration. In the areas of the EEZ
described in paragraph (b)(4) of this section, lobster trap trawls are
to be displayed and configured as follows:
(1) Lobster trap trawls of three or fewer traps deployed in the EEZ
must be attached to and marked with a single buoy.
(2) Lobster trap trawls consisting of more than three traps must
have a radar reflector and a single flag or pennant on the westernmost
end (marking the half compass circle from magnetic south through west,
to and including north), while the easternmost end (meaning the half
compass circle from magnetic north through east, to and including
south) of an American lobster trap trawl must be configured with a
radar reflector only. Standard tetrahedral corner radar reflectors of
at least 8 inches (20.32 cm) (both in height and width, and made from
metal) must be employed. (A copy of a diagram showing a standard
tetrahedral corner radar reflector is available upon request to the
Office of the Regional Administrator.)
(3) No American lobster trap trawl shall exceed 1.5 nautical miles
(2.78 km) in length, as measured from radar reflector to radar
reflector.
(4) Gear deployment and configuration requirements specified in
paragraphs (b)(1) through (b)(3) of this section apply in the following
areas:
(i) Gulf of Maine gear area. Gulf of Maine gear area is defined as
all waters of the EEZ north of 42 deg.20' N. lat. seaward of a line
drawn 12 nautical miles (22.2 km) from the baseline of the territorial
sea;
(ii) Georges Bank gear area. Georges Bank gear area is defined as
all waters of the EEZ south of 42 deg.20' N. lat. and east of
70 deg.00' W. long. or the outer boundary of the territorial sea,
whichever lies farther east;
(iii) Southern New England gear area. Southern New England gear
area is defined as all waters of the EEZ west of 70 deg.00' W. long.,
east of 71 deg.30' W. long. at a depth greater than 25 fathoms (45.72
m); and
(iv) Mid-Atlantic gear area. Mid-Atlantic gear area is defined as
all waters of the EEZ, west of 71 deg.30' W. long. and north of
36 deg.33' N. lat. at a depth greater than 40 fathoms (73.15 m).
(c) Escape vents. (1) All American lobster traps deployed or
possessed in the EEZ, or, deployed or possessed by a person on or from
a vessel issued a Federal limited access American lobster permit as
specified under Sec. 697.4, must include either of the following escape
vents in the parlor section of the trap, located in such a manner that
it will not be blocked or obstructed by any portion of the trap,
associated gear, or the sea floor in normal use:
(i) A rectangular portal with an unobstructed opening not less than
1\15/16\ inches (4.92 cm) by 5\3/4\ inches (14.61 cm);
(ii) Two circular portals with unobstructed openings not less than
2\7/16\ inches (6.19 cm) in diameter.
(2) The Regional Administrator may, at the request of, or after
consultation with, the Commission, approve and specify, through a
technical amendment of this final rule, any other type of acceptable
escape vent that the Regional Administrator finds to be consistent with
paragraphs (c)(1)(i) and (ii) of this section.
(d) Ghost panel. (1) Lobster traps not constructed entirely of wood
(excluding heading or parlor twine and the escape vent) must contain a
ghost panel located in the outer parlor(s) of the trap and not in the
bottom of the trap constructed of, or fastened to the trap with, one of
the following untreated materials: Wood lath, cotton, hemp, sisal or
jute twine not greater than \3/16\ inch (0.48 cm) in diameter, or non-
stainless, uncoated ferrous metal not greater than \3/32\ inch
[[Page 68259]]
(0.24 cm) in diameter and covering a rectangular opening not less than
3\3/4\ inches (9.53 cm) by 3\3/4\ inches (9.53 cm). The door of the
trap may serve as the ghost panel, if fastened with one of these
materials.
(2) The Regional Administrator may, at the request of, or after
consultation with, the Commission, approve and specify, through a
technical amendment of this rule, any other design, mechanism,
material, or other parameter that serves to create an escape portal not
less than 3\3/4\ inches (9.53 cm) by 3\3/4\ inches (9.53 cm).
(e) Maximum trap size. (1) EEZ Nearshore Management Area maximum
trap size. (i) Beginning January 5, 2000, American lobster traps
deployed or possessed in the EEZ, or, deployed or possessed by a person
on or from a vessel issued a Federal limited access American lobster
permit as specified under Sec. 697.4, if deployed or possessed by a
person or vessel permitted to fish in any EEZ Nearshore Management Area
(Area 1, Outer Cape, Area 2, Area 4, Area 5, or Area 6) and the Area 2/
3 Overlap, or only in the Area 2/3 Overlap shall not exceed 25,245
cubic inches (413,690 cubic centimeters) in volume, as measured on the
outside portion of the trap, exclusive of the runners;
(ii) Beginning May 1, 2003, American lobster traps deployed or
possessed in the EEZ, or, deployed or possessed by a person on or from
a vessel issued a Federal limited access American lobster permit as
specified under Sec. 697.4, if deployed or possessed by a person or
vessel permitted to fish in any EEZ Nearshore Management Area (Area 1,
Outer Cape, Area 2, Area 4, Area 5, or Area 6) and the Area 2/3
Overlap, or only in the Area 2/3 Overlap, shall not exceed 22,950 cubic
inches (376,081 cubic centimeters) in volume as measured on the outside
portion of the trap, exclusive of the runners.
(2) EEZ Offshore Management Area maximum trap size. (i) Beginning
January 5, 2000, American lobster traps deployed or possessed in the
EEZ, or, deployed or possessed by a person on or from a vessel issued a
Federal limited access American lobster permit as specified under
Sec. 697.4, if deployed or possessed by a person or vessel permitted to
fish only in EEZ Offshore Management Area 3 or only in EEZ Offshore
Management Area 3 and the Area 2/3 Overlap, shall not exceed 33,110
cubic inches (542,573 cubic centimeters) in volume as measured on the
outside portion of the trap, exclusive of the runners;
(ii) Beginning May 1, 2003, American lobster traps deployed or
possessed in the EEZ, or, deployed or possessed by a person on or from
a vessel issued a Federal limited access American lobster permit as
specified under Sec. 697.4, if deployed or possessed by a person or
vessel permitted to fish only in EEZ Offshore Management Area 3 or only
in EEZ Offshore Management Area 3 and the Area 2/3 Overlap, shall not
exceed 30,100 cubic inches (493,249 cubic centimeters) in volume as
measured on the outside portion of the trap, exclusive of the runners.
(f) Enforcement action. Unidentified, unmarked, unvented,
improperly vented American lobster traps, or, beginning May 1, 2000,
any untagged American lobster traps, or any lobster traps subject to
the requirements and specifications of Sec. 697.21, which fail to meet
such requirements and specifications may be seized and disposed of in
accordance with the provisions of part 219 of this title.
Sec. 697.22 Exempted fishing.
The Regional Administrator may exempt any person or vessel from the
requirements of this part for the conduct of exempted fishing
beneficial to the management of the American lobster, weakfish,
Atlantic striped bass, or Atlantic sturgeon, resource or fishery
pursuant to the provisions of Sec. 600.745 of this chapter.
(a) The Regional Administrator may not grant such exemption unless
it is determined that the purpose, design, and administration of the
exemption is consistent with the objectives of any applicable stock
rebuilding program, the provisions of the ACFCMA, the Magnuson-Stevens
Act, and other applicable law, and that granting the exemption will
not:
(1) Have a detrimental effect on the American lobster, Atlantic
striped bass, weakfish, or Atlantic sturgeon resource or fishery; or
(2) Create significant enforcement problems.
(b) Each vessel participating in any exempted fishing activity is
subject to all provisions of this part, except those explicitly
relating to the purpose and nature of the exemption. The exemption will
be specified in a letter issued by the Regional Administrator to each
vessel participating in the exempted activity. This letter must be
carried aboard the vessel seeking the benefit of such exemption.
Exempted fishing activity shall be authorized pursuant to and
consistent with Sec. 600.745 of this chapter.
Sec. 697.23 Restricted gear areas.
(a) Resolution of lobster gear conflicts with fisheries managed
under the Magnuson-Stevens Act shall be done under provisions of
Sec. 648.55 of this chapter.
(b) Restricted Gear Area I--(1) Duration--(i) Mobile Gear. From
October 1 through June 15 of each fishing year, no fishing vessel with
mobile gear or person on a fishing vessel with mobile gear may fish, or
be, in Restricted Gear Area I, as defined in paragraph (b)(2) of this
section, unless transiting only, provided that all mobile gear is on
board the vessel while inside the area.
(ii) Lobster trap gear. From June 16 through September 30 of each
fishing year, no fishing vessel with lobster trap gear or person on a
fishing vessel with lobster trap gear may fish, and no lobster trap
gear may be deployed or remain, in Restricted Gear Area I as defined in
paragraph (b)(2) of this section.
(2) Definition of Restricted Gear Area I. Restricted Gear Area I is
defined by straight lines connecting the following points in the order
stated:
Inshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
120........................... 40 deg.06.4' N. 68 deg.35.8' W.
69........................... 40 deg.07.9' N. 68 deg.36.0' W.
70........................... 40 deg.07.2' N. 68 deg.38.4' W.
71........................... 40 deg.06.9' N. 68 deg.46.5' W.
72........................... 40 deg.08.7' N. 68 deg.49.6' W.
73........................... 40 deg.08.1' N. 68 deg.51.0' W.
74........................... 40 deg.05.7' N. 68 deg.52.4' W.
75........................... 40 deg.03.6' N. 68 deg.57.2' W.
76........................... 40 deg.03.65' N. 69 deg.00.0' W.
77........................... 40 deg.04.35' N. 69 deg.00.5' W.
78........................... 40 deg.05.2' N. 69 deg.00.5' W.
79........................... 40 deg.05.3' N. 69 deg.01.1' W.
80........................... 40 deg.08.9' N. 69 deg.01.75' W.
81........................... 40 deg.11.0' N. 69 deg.03.8' W.
82........................... 40 deg.11.6' N. 69 deg.05.4' W.
83........................... 40 deg.10.25' N. 69 deg.04.4' W.
84........................... 40 deg.09.75' N. 69 deg.04.15' W.
85........................... 40 deg.08.45' N. 69 deg.03.6' W.
86........................... 40 deg.05.65' N. 69 deg.03.55' W.
87........................... 40 deg.04.1' N. 69 deg.03.9' W.
88........................... 40 deg.02.65' N. 69 deg.05.6' W.
89........................... 40 deg.02.00' N. 69 deg.08.35' W.
90........................... 40 deg.02.65' N. 69 deg.11.15' W.
91........................... 40 deg.00.05' N. 69 deg.14.6' W.
92........................... 39 deg.57.8' N. 69 deg.20.35' W.
93........................... 39 deg.56.65' N. 69 deg.24.4' W.
94........................... 39 deg.56.1' N. 69 deg.26.35' W.
95........................... 39 deg.56.55' N. 69 deg.34.1' W.
96........................... 39 deg.57.85' N. 69 deg.35.5' W.
97........................... 40 deg.00.65' N. 69 deg.36.5' W.
98........................... 40 deg.00.9' N. 69 deg.37.3' W.
99........................... 39 deg.59.15' N. 69 deg.37.3' W.
100........................... 39 deg.58.8' N. 69 deg.38.45' W.
102........................... 39 deg.56.2' N. 69 deg.40.2' W.
103........................... 39 deg.55.75' N. 69 deg.41.4' W.
104........................... 39 deg.56.7' N. 69 deg.53.6' W.
105........................... 39 deg.57.55' N. 69 deg.54.05' W.
106........................... 39 deg.57.4' N. 69 deg.55.9' W.
107........................... 39 deg.56.9' N. 69 deg.57.45' W.
108........................... 39 deg.58.25' N. 70 deg.03.0' W.
110........................... 39 deg.59.2' N. 70 deg.04.9' W.
111........................... 40 deg.00.7' N. 70 deg.08.7' W.
[[Page 68260]]
112........................... 40 deg.03.75' N. 70 deg.10.15' W.
115........................... 40 deg.05.2' N. 70 deg.10.9' W.
116........................... 40 deg.02.45' N. 70 deg.14.1' W.
119........................... 40 deg.02.75' N. 70 deg.16.1' W.
to 181........................ 39 deg.59.3' N. 70 deg.14.0' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
69........................... 40 deg.07.9' N. 68 deg.36.0' W.
120........................... 40 deg.06.4' N. 68 deg.35.8' W.
121........................... 40 deg.05.25' N. 68 deg.39.3' W.
122........................... 40 deg.05.4' N. 68 deg.44.5' W.
123........................... 40 deg.06.0' N. 68 deg.46.5' W.
124........................... 40 deg.07.4' N. 68 deg.49.6' W.
125........................... 40 deg.05.55' N. 68 deg.49.8' W.
126........................... 40 deg.03.9' N. 68 deg.51.7' W.
127........................... 40 deg.02.25' N. 68 deg.55.4' W.
128........................... 40 deg.02.6' N. 69 deg.00.0' W.
129........................... 40 deg.02.75' N. 69 deg.00.75' W.
130........................... 40 deg.04.2' N. 69 deg.01.75' W.
131........................... 40 deg.06.15' N. 69 deg.01.95' W.
132........................... 40 deg.07.25' N. 69 deg.02.0' W.
133........................... 40 deg.08.5' N. 69 deg.02.25' W.
134........................... 40 deg.09.2' N. 69 deg.02.95' W.
135........................... 40 deg.09.75' N. 69 deg.03.3' W.
136........................... 40 deg.09.55' N. 69 deg.03.85' W.
137........................... 40 deg.08.4' N. 69 deg.03.4' W.
138........................... 40 deg.07.2' N. 69 deg.03.3' W.
139........................... 40 deg.06.0' N. 69 deg.03.1' W.
140........................... 40 deg.05.4' N. 69 deg.03.05' W.
141........................... 40 deg.04.8' N. 69 deg.03.05' W.
142........................... 40 deg.03.55' N. 69 deg.03.55' W.
143........................... 40 deg.01.9' N. 69 deg.03.95' W.
144........................... 40 deg.01.0' N. 69 deg.04.4' W.
146........................... 39 deg.59.9' N. 69 deg.06.25' W.
147........................... 40 deg.00.6' N. 69 deg.10.05' W.
148........................... 39 deg.59.25' N. 69 deg.11.15' W.
149........................... 39 deg.57.45' N. 69 deg.16.05' W.
150........................... 39 deg.56.1' N. 69 deg.20.1' W.
151........................... 39 deg.54.6' N. 69 deg.25.65' W.
152........................... 39 deg.54.65' N. 69 deg.26.9' W.
153........................... 39 deg.54.8' N. 69 deg.30.95' W.
154........................... 39 deg.54.35' N. 69 deg.33.4' W.
155........................... 39 deg.55.0' N. 69 deg.34.9' W.
156........................... 39 deg.56.55' N. 69 deg.36.0' W.
157........................... 39 deg.57.95' N. 69 deg.36.45' W.
158........................... 39 deg.58.75' N. 69 deg.36.3' W.
159........................... 39 deg.58.8' N. 69 deg.36.95' W.
160........................... 39 deg.57.95' N. 69 deg.38.1' W.
161........................... 39 deg.54.5' N. 69 deg.38.25' W.
162........................... 39 deg.53.6' N. 69 deg.46.5' W.
163........................... 39 deg.54.7' N. 69 deg.50.0' W.
164........................... 39 deg.55.25' N. 69 deg.51.4' W.
165........................... 39 deg.55.2' N. 69 deg.53.1' W.
166........................... 39 deg.54.85' N. 69 deg.53.9' W.
167........................... 39 deg.55.7' N. 69 deg.54.9' W.
168........................... 39 deg.56.15' N. 69 deg.55.35' W.
169........................... 39 deg.56.05' N. 69 deg.56.25' W.
170........................... 39 deg.55.3' N. 69 deg.57.1' W.
171........................... 39 deg.54.8' N. 69 deg.58.6' W.
172........................... 39 deg.56.05' N. 70 deg.00.65' W.
173........................... 39 deg.55.3' N. 70 deg.02.95' W.
174........................... 39 deg.56.9' N. 70 deg.11.3' W.
175........................... 39 deg.58.9' N. 70 deg.11.5' W.
176........................... 39 deg.59.6' N. 70 deg.11.1' W.
177........................... 40 deg.01.35' N. 70 deg.11.2' W.
178........................... 40 deg.02.6' N. 70 deg.12.0' W.
179........................... 40 deg.00.4' N. 70 deg.12.3' W.
180........................... 39 deg.59.7' N. 70 deg.13.05' W.
181........................... 39 deg.59.3' N. 70 deg.14.0' W. to
119........................... 40 deg.02.75' N. 70 deg.16.1' W.
------------------------------------------------------------------------
(c) Restricted Gear Area II--(1) Duration--(i) Mobile Gear. From
November 27 through June 15 of each fishing year, no fishing vessel
with mobile gear or person on a fishing vessel with mobile gear may
fish, or be, in Restricted Gear Area II (as defined in paragraph (c)(2)
of this section) unless transiting only, provided that all mobile gear
is on board the vessel while inside the area.
(ii) Lobster trap gear. From June 16 through November 26 of each
fishing year, no fishing vessel with lobster trap gear or person on a
fishing vessel with lobster trap gear may fish, and no lobster trap
gear may be deployed or remain, in Restricted Gear Area II as defined
in paragraph (c)(2) of this section.
(2) Definition of Restricted Gear Area II. Restricted Gear Area II
is defined by straight lines connecting the following points in the
order stated:
Inshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
1............................ 39 deg.59.3' N. 70 deg.14.0' W.
49............................ 40 deg.02.75' N. 70 deg.16.1' W.
50............................ 40 deg.00.7' N. 70 deg.18.6' W.
51............................ 39 deg.59.8' N. 70 deg.21.75' W.
52............................ 39 deg.59.75' N. 70 deg.25.5' W.
53............................ 40 deg.03.85' N. 70 deg.28.75' W.
54............................ 40 deg.00.55' N. 70 deg.32.1' W.
55............................ 39 deg.59.15' N. 70 deg.34.45' W.
56............................ 39 deg.58.9' N. 70 deg.38.65' W.
57............................ 40 deg.00.1' N. 70 deg.45.1' W.
58............................ 40 deg.00.5' N. 70 deg.57.6' W.
59............................ 40 deg.02.0' N. 71 deg.01.3' W.
60............................ 39 deg.59.3' N. 71 deg.18.4' W.
61............................ 40 deg.00.7' N. 71 deg.19.8' W.
62............................ 39 deg.57.5' N. 71 deg.20.6' W.
63............................ 39 deg.53.1' N. 71 deg.36.1' W.
64............................ 39 deg.52.6' N. 71 deg.40.35' W.
65............................ 39 deg.53.1' N. 71 deg.42.7' W.
66............................ 39 deg.46.95' N. 71 deg.49.0' W.
67............................ 39 deg.41.15' N. 71 deg.57.1' W.
68............................ 39 deg.35.45' N. 72 deg.02.0' W.
69............................ 39 deg.32.65' N. 72 deg.06.1' W.
70............................ 39 deg.29.75' N. 72 deg.09.8' W.
to 48......................... 39 deg.29.0' N. 72 deg.09.25' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
49............................ 40 deg.02.75' N. 70 deg.16.1' W.
1............................ 39 deg.59.3' N. 70 deg.14.0' W.
2............................ 39 deg.58.85' N. 70 deg.15.2' W.
3............................ 39 deg.59.3' N. 70 deg.18.4' W.
4............................ 39 deg.58.1' N. 70 deg.19.4' W.
5............................ 39 deg.57.0' N. 70 deg.19.85' W.
6............................ 39 deg.57.55' N. 70 deg.21.25' W.
7............................ 39 deg.57.5' N. 70 deg.22.8' W.
8............................ 39 deg.57.1' N. 70 deg.25.4' W.
9............................ 39 deg.57.65' N. 70 deg.27.05' W.
10............................ 39 deg.58.58' N. 70 deg.27.7' W.
11............................ 40 deg.00.65' N. 70 deg.28.8' W.
12............................ 40 deg.02.2' N. 70 deg.29.15' W.
13............................ 40 deg.01.0' N. 70 deg.30.2' W.
14............................ 39 deg.58.58' N. 70 deg.31.85' W.
15............................ 39 deg.57.05' N. 70 deg.34.35' W.
16............................ 39 deg.56.42' N. 70 deg.36.8' W.
21............................ 39 deg.58.15' N. 70 deg.48.0' W.
24............................ 39 deg.58.3' N. 70 deg.51.1' W.
25............................ 39 deg.58.1' N. 70 deg.52.25' W.
26............................ 39 deg.58.05' N. 70 deg.53.55' W.
27............................ 39 deg.58.4' N. 70 deg.59.6' W.
28............................ 39 deg.59.8' N. 71 deg.01.05' W.
29............................ 39 deg.58.2' N. 71 deg.05.85' W.
30............................ 39 deg.57.45' N. 71 deg.12.15' W.
31............................ 39 deg.57.2' N. 71 deg.15.0' W.
32............................ 39 deg.56.3' N. 71 deg.18.95' W.
33............................ 39 deg.51.4' N. 71 deg.36.1' W.
34............................ 39 deg.51.75' N. 71 deg.41.5' W.
35............................ 39 deg.50.05' N. 71 deg.42.5' W.
36............................ 39 deg.50.0' N. 71 deg.45.0' W.
37............................ 39 deg.48.95' N. 71 deg.46.05' W.
38............................ 39 deg.46.6' N. 71 deg.46.1' W.
39............................ 39 deg.43.5' N. 71 deg.49.4' W.
40............................ 39 deg.41.3' N. 71 deg.55.0' W.
41............................ 39 deg.39.0' N. 71 deg.55.6' W.
42............................ 39 deg.36.72' N. 71 deg.58.25' W.
43............................ 39 deg.35.15' N. 71 deg.58.55' W.
44............................ 39 deg.34.5' N. 72 deg.00.75' W.
45............................ 39 deg.32.2' N. 72 deg.02.25' W.
46............................ 39 deg.32.15' N. 72 deg.04.1' W.
47............................ 39 deg.28.5' N. 72 deg.06.5' W.
48............................ 39 deg.29.0' N. 72 deg.09.25' W.
to 70......................... 39 deg.29.75' N. 72 deg.09.8' W.
------------------------------------------------------------------------
(d) Restricted Gear Area III--(1) Duration--(i) Mobile Gear. From
June 16 through November 26 of each fishing year, no fishing vessel
with mobile gear or person on a fishing vessel with mobile gear may
fish, or be, in Restricted Gear Area III (as defined in paragraph
(d)(2) of this section) unless transiting only, provided that all
mobile gear is on board the vessel while inside the area.
(ii) Lobster trap gear. From January 1 through April 30 of each
fishing year, no fishing vessel with lobster trap gear or person on a
fishing vessel with lobster trap gear may fish, and no lobster trap
gear may be deployed or remain, in Restricted Gear Area III as defined
in paragraph (d)(2) of this section.
(2) Definition of Restricted Gear Area III. Restricted Gear Area
III is defined by straight lines connecting the following points in the
order stated:
Inshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
49........................... 40 deg.02.75' N. 70 deg.16.1' W.
182........................... 40 deg.05.6' N. 70 deg.17.7' W.
183........................... 40 deg.06.5' N. 70 deg.40.05' W.
[[Page 68261]]
184........................... 40 deg.11.05' N. 70 deg.45.8' W.
185........................... 40 deg.12.75' N. 70 deg.55.05' W.
186........................... 40 deg.10.7' N. 71 deg.10.25' W.
187........................... 39 deg.57.9' N. 71 deg.28.7' W.
188........................... 39 deg.55.6' N. 71 deg.41.2' W.
189........................... 39 deg.55.85' N. 71 deg.45.0' W.
190........................... 39 deg.53.75' N. 71 deg.52.25' W.
191........................... 39 deg.47.2' N. 72 deg.01.6' W.
192........................... 39 deg.33.65' N. 72 deg.15.0' W.
to 70......................... 39 deg.29.75' N. 72 deg.09.8' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
182........................... 40 deg.05.6' N. 70 deg.17.7' W.
49........................... 40 deg.02.75' N. 70 deg.16.1' W.
50........................... 40 deg.00.7' N. 70 deg.18.6' W.
51........................... 39 deg.59.8' N. 70 deg.21.75' W.
52........................... 39 deg.59.75' N. 70 deg.25.5' W.
53........................... 40 deg.03.85' N. 70 deg.28.75' W.
54........................... 40 deg.00.55' N. 70 deg.32.1' W.
55........................... 39 deg.59.15' N. 70 deg.34.45' W.
56........................... 39 deg.58.9' N. 70 deg.38.65' W.
57........................... 40 deg.00.1' N. 70 deg.45.1' W.
58........................... 40 deg.00.5' N. 70 deg.57.6' W.
59........................... 40 deg.02.0' N. 71 deg.01.3' W.
60........................... 39 deg.59.3' N. 71 deg.18.4' W.
61........................... 40 deg.00.7' N. 71 deg.19.8' W.
62........................... 39 deg.57.5' N. 71 deg.20.6' W.
63........................... 39 deg.53.1' N. 71 deg.36.1' W.
64........................... 39 deg.52.6' N. 71 deg.40.35' W.
65........................... 39 deg.53.1' N. 71 deg.42.7' W.
66........................... 39 deg.46.95' N. 71 deg.49.0' W.
67........................... 39 deg.41.15' N. 71 deg.57.1' W.
68........................... 39 deg.35.45' N. 72 deg.02.0' W.
69........................... 39 deg.32.65' N. 72 deg.06.1' W.
70........................... 39 deg.29.75' N. 72 deg.09.8' W.
to 192........................ 39 deg.33.65' N. 72 deg.15.0' W.
------------------------------------------------------------------------
(e) Restricted Gear Area IV--(1) Duration for Mobile Gear. From
June 16 through September 30 of each fishing year, no fishing vessel
with mobile gear or person on a fishing vessel with mobile gear may
fish, or be, in Restricted Gear Area IV (as defined in paragraph (e)(2)
of this section) unless transiting only, provided that all mobile gear
is on board the vessel while inside the area.
(2) Definition of Restricted Gear Area IV. Restricted Gear Area IV
is defined by straight lines connecting the following points in the
order stated:
Inshore Boundary
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
193........................... 40 deg.13.60' N. 68 deg.40.60' W.
194........................... 40 deg.11.60' N. 68 deg.53.00' W.
195........................... 40 deg.14.00' N. 69 deg.04.70' W.
196........................... 40 deg.14.30' N. 69 deg.05.80' W.
197........................... 40 deg.05.50' N. 69 deg.09.00' W.
198........................... 39 deg.57.30' N. 69 deg.25.10' W.
199........................... 40 deg.00.40' N. 69 deg.35.20' W.
200........................... 40 deg.01.70' N. 69 deg.35.40' W.
201........................... 40 deg.01.70' N. 69 deg.37.40' W.
202........................... 40 deg.00.50' N. 69 deg.38.80' W.
203........................... 40 deg.01.30' N. 69 deg.45.00' W.
204........................... 40 deg.02.10' N. 70 deg.45.00' W.
205........................... 40 deg.07.60' N. 70 deg.04.50' W.
206........................... 40 deg.07.80' N. 70 deg.09.20' W.
to 119........................ 40 deg.02.75' N. 70 deg.16.1' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to Latitude Longitude
------------------------------------------------------------------------
193........................... 40 deg.13.60' N. 68 deg.40.60' W.
69........................... 40 deg.07.90' N. 68 deg.36.00' W.
70........................... 40 deg.07.20' N. 68 deg.38.40' W.
71........................... 40 deg.06.90' N. 68 deg.46.50' W.
72........................... 40 deg.08.70' N. 68 deg.49.60' W.
73........................... 40 deg.08.10' N. 68 deg.51.00' W.
74........................... 40 deg.05.70' N. 68 deg.52.40' W.
75........................... 40 deg.03.60' N. 68 deg.57.20' W.
76........................... 40 deg.03.65' N. 69 deg.00.00' W.
77........................... 40 deg.04.35' N. 69 deg.00.50' W.
78........................... 40 deg.05.20' N. 69 deg.00.50' W.
79........................... 40 deg.05.30' N. 69 deg.01.10' W.
80........................... 40 deg.08.90' N. 69 deg.01.75' W.
81........................... 40 deg.11.00' N. 69 deg.03.80' W.
82........................... 40 deg.11.60' N. 69 deg.05.40' W.
83........................... 40 deg.10.25' N. 69 deg.04.40' W.
84........................... 40 deg.09.75' N. 69 deg.04.15' W.
85........................... 40 deg.08.45' N. 69 deg.03.60' W.
86........................... 40 deg.05.65' N. 69 deg.03.55' W.
87........................... 40 deg.04.10' N. 69 deg.03.90' W.
88........................... 40 deg.02.65' N. 69 deg.05.60' W.
89........................... 40 deg.02.00' N. 69 deg.08.35' W.
90........................... 40 deg.02.65' N. 69 deg.11.15' W.
91........................... 40 deg.00.05' N. 69 deg.14.60' W.
92........................... 39 deg.57.80' N. 69 deg.20.35' W.
93........................... 39 deg.56.75' N. 69 deg.24.40' W.
94........................... 39 deg.56.50' N. 69 deg.26.35' W.
95........................... 39 deg.56.80' N. 69 deg.34.10' W.
96........................... 39 deg.57.85' N. 69 deg.35.05' W.
97........................... 40 deg.00.65' N. 69 deg.36.50' W.
98........................... 40 deg.00.90' N. 69 deg.37.30' W.
99........................... 39 deg.59.15' N. 69 deg.37.30' W.
100........................... 39 deg.58.80' N. 69 deg.38.45' W.
102........................... 39 deg.56.20' N. 69 deg.40.20' W.
103........................... 39 deg.55.75' N. 69 deg.41.40' W.
104........................... 39 deg.56.70' N. 69 deg.53.60' W.
105........................... 39 deg.57.55' N. 69 deg.54.05' W.
106........................... 39 deg.57.40' N. 69 deg.55.90' W.
107........................... 39 deg.56.90' N. 69 deg.57.45' W.
108........................... 39 deg.58.25' N. 70 deg.03.00' W.
110........................... 39 deg.59.20' N. 70 deg.04.90' W.
111........................... 40 deg.00.70' N. 70 deg.08.70' W.
112........................... 40 deg.03.75' N. 70 deg.10.15' W.
115........................... 40 deg.05.20' N. 70 deg.10.90' W.
116........................... 40 deg.02.45' N. 70 deg.14.1' W.
119........................... 40 deg.02.75' N. 70 deg.16.1' W.
to 206........................ 40 deg.07.80' N. 70 deg.09.20' W.
------------------------------------------------------------------------
Sec. 697.24 Exempted waters for Maine State American lobster permits.
A person or vessel holding a valid permit or license issued by the
State of Maine that lawfully permits that person to engage in
commercial fishing for American lobster may, with the approval of the
State of Maine, engage in commercial fishing for American lobsters in
the following areas designated as EEZ, if such fishing is conducted in
such waters in accordance with all other applicable Federal and State
regulations:
(a) West of Monhegan Island in the area located north of the line
43.5 deg.42 deg.08'' N. lat., 69.5 deg.34'18'' W. long., and 43.5
deg.42'15'' N. lat., 69.5 deg.19'18'' W. long.
(b) East of Monhegan Island in the area located west of the line
43.5 deg.44'00'' N. lat., 69.5 deg.15'05'' W. long., and 43.5
deg.48'10'' N. lat., 69.5 deg.08'01'' W. long.
(c) South of Vinalhaven in the area located west of the line 43.5
deg.52'21'' N. lat., 68.5 deg.39'54'' W. long., and 43.5 deg.48'10'' N.
lat., 67.5 deg.40'33'' W. long.
(d) South of Boris Bubert Island in the area located north of the
line 44.5 deg.19'15'' N. lat, 67.5 deg.49'30'' W. long. and 44.5
deg.23'45'' N. lat., 67.5 deg.40'33'' W. long.
Sec. 697.25 Adjustment to management measures.
(a) On or before February 15, 2001, and annually on or before
February 15, thereafter, NMFS may, after consultation with the
Commission, publish a proposed rule to implement additional or
different management measures for Federal waters in any of the
management areas specified in Sec. 697.18 if it is determined such
measures are necessary to achieve or be compatible with ISFMP
objectives, or the ISFMP, to be consistent with the national standards
of the Magnuson-Stevens Act, or to meet overfishing and rebuilding
requirements of the Magnuson-Stevens Act. These management measures may
include, but are not limited to, continued reductions of fishing effort
or numbers of traps, increases in minimum or decreases in maximum size,
increases in the escape vent size, decreases in the lobster trap size,
closed areas, closed seasons, landing limits, trip limits and other
management area-specific measures as may be identified and recommended
by the Commission prior to December 1 of the previous year. After
considering public comment, NMFS may publish a final rule to implement
any such measures.
(b) At any other time, NMFS may publish a proposed rule, after
consultation with the Commission, to implement any additional or
different management measures in order to achieve ISFMP objectives or
be compatible with Commission measures or recommendations or to be
consistent with the national standards of the Magnuson-Stevens Act, or
to meet overfishing and rebuilding requirements of the Magnuson-Stevens
Act. After
[[Page 68262]]
considering public comments, NMFS may publish a final rule to implement
any such measures.
(c) Notwithstanding other provisions of this part, NMFS may publish
any additional or different management measures as described herein
without prior public comment, pursuant to and consistent with 5 U.S.C.
553.
[FR Doc. 99-30824 Filed 12-3-99; 8:45 am]
BILLING CODE 3510-22-P
