[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Rules and Regulations]
[Pages 9993-9994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5440]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 649
[Docket No. 970219034-7034-01; I.D. 021097D]
RIN 0648-XX81
American Lobster Fishery; Technical Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues this final rule to add a provision allowing
vessels issued Maine state lobster permits to fish in designated waters
of the Federal exclusive economic zone (EEZ). This technical amendment
conforms the American lobster regulations to existing statutory
language, as amended by the Sustainable Fisheries Act.
EFFECTIVE DATE: February 28, 1997.
FOR FURTHER INFORMATION CONTACT: Mary Tokarcik, Fisheries Management
Specialist, 508-281-9326.
SUPPLEMENTARY INFORMATION: On October 11, 1996, the Sustainable
Fisheries Act (SFA) was signed into law. The SFA amended, among other
statutes, the Atlantic Coastal Fisheries Cooperative Management Act (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. This technical amendment changes Sec. 649.8, modifying the
prohibitions to allow for this provision. It also adds Sec. 649.24 to
designate areas of the EEZ in which State-permitted vessels may harvest
American lobster.
Classification
This rule only conforms to an existing set of regulations to a
recently enacted statutory provision for which the agency has no
discretion. As such, under authority at 5 U.S.C. 553(b)(B), there is
good cause to waive the requirement to provide prior notice and an
opportunity for public comment as such procedures are unnecessary.
Similarly, as the statute is already effective, there is good cause
under authority at 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effective date.
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 649
Fisheries.
Dated: February 27, 1997.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Part 649 is amended
as follows:
PART 649--AMERICAN LOBSTER FISHERY
1. The authority citation for part 649 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 649.8, paragraphs (a) introductory text, (b), (c)
introductory text, (c)(1)(iv), (c)(2), and (c)(4) are revised and
(c)(1)(v) is added to read as follows.
Sec. 649.8 Prohibitions.
(a) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person owning or
operating a vessel issued a Federal American lobster permit under
Sec. 649.4 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. 649.24 to do any of the
following:
* * * * *
(b) In addition to the prohibitions specified in paragraph (a) of
this section, it is unlawful for any person owning or operating a
vessel that has not been issued a limited access American lobster
permit as described under Sec. 649.4(b) or a vessel or person holding a
valid State of Maine American lobster permit or license and fishing
under the provisions of and in the area designated under Sec. 649.24,
to possess on board a vessel or land American lobsters unless the
vessel is a party, charter, or dive boat and there are six or fewer
American lobsters per person on such boats, and the lobster are not
sold, traded or bartered, or unless the vessel is a recreational
vessel, or a vessel fishing for American lobsters exclusively in State
waters.
(c) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and the prohibitions specified in
paragraphs (a) and (b) of this section, it is unlawful for any person
to do any of the following:
(1) * * *
(iv) The American lobsters were harvested by a recreational fishing
vessel; or
(v) The American lobsters were harvested by a vessel or person
holding a valid State of Maine American lobster permit or license that
is fishing under the provisions of and in the areas designated in
Sec. 649.24.
(2) 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 had been issued
a valid Federal American lobster permit under Sec. 649.4, the American
lobsters were harvested by a vessel without a Federal lobster permit
that fishes for lobsters exclusively in State waters 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. 649.24.
* * * * *
(4) Purchase, possess, 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 Federal American
lobster permit under Sec. 649.4 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. 649.24, unless the American lobsters were harvested by a vessel
without a Federal American lobster permit and that fishes for American
lobster exclusively in state waters.
* * * * *
3. Section 649.24 is added to subpart B to read as follows:
Sec. 649.24 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:
[[Page 9994]]
(a) West of Monhegan Island in the area located north of the line
43.5 deg.42'08'' 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.
[FR Doc. 97-5440 Filed 2-28-97; 4:43 pm]
BILLING CODE 3510-22-F
