96-9592. American Lobster Fishery; Technical Amendment

[Federal Register Volume 61, Number 76 (Thursday, April 18, 1996)]
[Rules and Regulations]
[Pages 16882-16883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9592]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 649

[Docket No. 960409108-6108-01; I.D. 040596A]
RIN 0648-XX61


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 clarify enforcement of the 
regulations governing the American Lobster Fishery Management Plan 
(FMP). This rule clarifies that a prohibition on the removal of eggs 
from a lobster encompasses a ban on the landing or possession of 
lobsters that have come in contact with any substance capable of 
removing lobster eggs. This clarification of the regulations is 
necessary to ensure that the ban on removing lobster eggs can be 
effectively enforced.

EFFECTIVE DATE: April 15, 1996.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
508-281-9273.

SUPPLEMENTARY INFORMATION: The regulations governing the American 
lobster fishery prohibit the retention or landing of berried lobsters 
(a lobster bearing eggs), removal of eggs from a

[[Page 16883]]

lobster, and possession of lobster from which eggs have been removed. 
NMFS has evidence of widespread use of chemical solutions to remove 
eggs from berried lobsters. Laboratory tests have shown that eggs can 
be effectively removed chemically and tests now exist that can reveal 
the presence of various chemicals on lobsters. Standard industry 
practice does not include placing lobsters in contact with chemical 
solutions. While it is not possible to prove that a lobster had eggs 
attached prior to being immersed in a chemical solution, there is no 
legitimate reason for the practice that has become known as ``chemical 
scrubbing.'' This technical amendment clarifies that any chemical 
scrubbing that results in the removal of eggs from a lobster is 
contrary to the objectives of the FMP.

Classification

    Because this rule only clarifies enforcement of an existing 
regulation for which prior notice and opportunity for comment have been 
provided, under 5 U.S.C. 553(b)(B), it is unnecessary to provide such 
procedures for this rule.
    Because this rule states specifically an action that is currently 
subject to an existing prohibition, there is no need to delay its 
effective date. Accordingly, under 5 U.S.C. 553(d)(3), there is good 
reason to waive the requirements for a 30-day delay in effective date. 
As such, this rule is made effective immediately.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 649

    Fisheries.

    Dated: April 12, 1996.
Gary Matlock,
Program Management Officer, 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, paragraph (a)(4) is revised to read as follows:


Sec. 649.8  Prohibitions.

    (a) * * *
    (4) Remove eggs from any berried female American lobster, land, or 
possess any such lobster from which eggs have been removed. No such 
person may land or possess any lobster that has come in contact with 
any substance capable of removing lobster eggs.
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[FR Doc. 96-9592 Filed 4-15-96; 3:55 pm]
BILLING CODE 3510-22-F