[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Proposed Rules]
[Pages 2708-2727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-835]
[[Page 2707]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
50 CFR Parts 649 and 697
American Lobster Fishery; Exclusive Economic Zone From Maine Through
North Carolina; Proposed Rule
Federal Register / Vol. 64, No. 10 / Friday, January 15, 1999 /
Proposed Rules
[[Page 2708]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 649 and 697
[Docket No. 990105002-9002-01; I.D. 110598D]
RIN 0648-AH41
American Lobster Fishery; Exclusive Economic Zone From Maine
Through North Carolina
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS solicits comments on proposed regulations to implement
proposed management measures for the American lobster fishery in the
Exclusive Economic Zone (EEZ) from Maine through North Carolina. The
intent of these regulations is, in combination with state regulations
governing the American lobster fishery in non-Federal waters, to end
overfishing and rebuild stocks of American lobsters. NMFS proposes to
withdraw approval of the Fishery Management Plan for the American
Lobster Fishery (FMP), to remove existing regulations issued under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) which implement that FMP, and to implement
the existing management measures and a variety of new measures
including designation of lobster management areas, restrictions on
fishing gear and tagging requirements for lobster traps, under
regulations issued under the authority of the Atlantic Coastal
Fisheries Cooperative Management Act (ACFCMA). The proposed regulations
are compatible with the recommendations we received from the Atlantic
States Marine Fisheries Commission (Commission).
DATES: Comments on the proposed rule must be received by February 10,
1999.
ADDRESSES: Comments on the rule should be sent to, and copies of
supporting documents, including a Draft Environmental Impact Statement/
Regulatory Impact Review (DEIS/RIR) and an Initial Regulatory
Flexibility Analysis (IRFA), are available from the Director, State,
Federal and Constituent Programs Office, NMFS, 1 Blackburn Drive,
Gloucester, MA 01930. Comments regarding burden estimates should be
sent to: 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: NMFS proposes to withdraw approval of the
American Lobster FMP, to remove existing regulations issued under the
Magnuson-Stevens Act, and to issue new regulations under the ACFCMA to
implement existing management measures and a variety of new measures.
American lobster, Homarus americanus, from the Magnuson-Stevens Act to
the ACFCMA by withdrawing approval of the lobster fishery management
plan (48 FR 36368) at the same time as this rule would be implemented.
Since the majority of the lobster fishery (approximately 80 percent)
takes place in state waters, regulatory action in the EEZ (3 nautical
miles [nm] to 200 nm from shore) alone, even a total moratorium on
harvesting lobsters, would not end overfishing of the resource without
implementation of effective management measures by state jurisdictions.
Adequate state lobster conservation measures, therefore, are essential
to end overfishing of American lobster. It is clear to the agency that
it is not possible to meet the requirements of the Magnuson-Stevens Act
without full cooperation of states with lobster fisheries, and thus a
cooperative management partnership under the ACFCMA is preferable.
Accordingly, NMFS is proposing Federal lobster conservation measures in
the EEZ under the authority of the ACFCMA. Section 804(b) of ACFCMA
authorizes the Federal government to implement regulations to govern
fishing in the EEZ that are compatible with the effective
implementation of a Commission 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 this approach is the best option to encourage and
expedite partnership in state and Federal jurisdictional waters in a
time frame that minimizes the potential for a stock collapse of the
resource and has the best potential for complying with national
standards of the Magnuson-Stevens Act.
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 proposed rule), 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 to 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 by June 1999 to end overfishing of lobsters and rebuild the
lobster fishery within 10 years. The regulations in this proposed rule,
together with a process for working with the Commission to devise
future measures, constitute a proposed 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 removing 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 all
future steps that are needed to rebuild egg production and end the
overfished status 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). There has
been a dramatic increase in fishing effort since the 1970s. Fishing is
now removing a large proportion of lobsters before they have had a
chance to spawn even once, and the average size of lobsters landed
[[Page 2709]]
continues to drop. Although landings have been high in recent years,
there is a risk that the stocks could collapse. Such a risk could be
reduced if fishing mortality were reduced.
The major signs of risk to the resource and to the fishery are:
1. The landings of lobsters, throughout the range, are becoming
increasingly dependent on animals that have just reached minimum size.
Most females at this size have not yet had a chance to spawn.
2. Extremely high exploitation of lobsters (exceeding 70 percent of
the legal sized animals) continues to lessen the benefits of the
current conservation measures, since relatively few live long enough to
be protected.
3. Although abundance is currently high in some areas, this is due,
in part, to favorable environmental conditions that are enhancing
survival. If these conditions deteriorate, the resource cannot be
expected to support the high level of harvesting that currently exists.
4. The overall size composition of the resource is becoming
dominated by small, not fully mature animals. As a result, the
population is predominantly relying on first time spawners to create
successive generations. In addition to the low egg production of first
time spawners, there is evidence that the eggs they produce are less
viable, and the survival of the larvae produced is lower than those
produced by larger spawners.
The lobster stock is considered to be overfished because the number
of eggs produced each year is less than 10 percent of the number that
would have been produced if the stock were not fished. The goal of the
stock rebuilding program is not to increase the number of harvestable
lobsters--that portion of the population is currently at an all-time
high. Rather, the goal is to increase egg production. The more eggs
produced, the greater the margin of safety for the population if
environmental conditions become unfavorable for the survival of
juvenile lobsters to marketable size and the greater the likelihood of
rebuilding. In other words, increasing egg production will reduce the
risk that a stock will collapse and increase the chances of rebuilding
the resource. The Commission has developed a schedule to rebuild egg
production that calls for increases in the level of egg production each
year until 2005.
The Fishery
The sale of lobsters in 1997 was valued at $268 million--27 percent
of the region's entire revenue from commercial fishing. The lobster
fishery takes place from North Carolina to Maine. It is primarily a
cold water fishery, however. Over half of all lobsters from the
northeast are landed in Maine. Approximately 20 percent are landed in
Massachusetts. Rhode Island, Long Island Sound and George's Bank are
other areas with significant lobster fisheries. Most lobsters (over 80
percent) are taken in state waters, which extend from the coast to
three miles from shore. The offshore fishery, particularly that using
trap gear, has developed only in the past ten to fifteen years.
Lobster fishing has increased dramatically since the 1970s. Effort
is now at an all-time high. For example, in Maine, it has been reported
that the number of traps per boat has doubled in the last 30 years.
Each trap now remains in the water about 30 percent longer than in 1970
before being hauled.
This is a year-round fishery in the United States. Traps are set
even in summer and fall, when the lobsters are molting. Harvesters
depend heavily on lobsters within one molt of the legal size (3\1/4\
inches or 8.26 cm carapace length). In recent years, 85 percent or more
of landings have been composed of animals in this size range.
The fishery also takes place in Canadian waters, but the Canadian
fishery is closed during the molting season. There are limits on the
numbers of traps that can be set, on the total allowable catch, and on
the number of lobster licenses issued.
Virtually all lobsters (approximately 97 percent) are taken in
lobster traps. Small numbers of lobsters are also taken in trawls,
gillnets, and by divers.
Lobster Conservation Measures Already in Place
Most current management measures and prohibitions for Federal
waters are 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 (``scrubbed'') by any means,
3. A prohibition on the possession of lobster meat and detached
tails, claws or other parts of lobster,
4. A prohibition on the possession of V-notched lobsters (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 for
traps (to eventually allow lobsters to exit 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 of at least 5\3/
4\ inches by 1\7/8\ inches (14.6 cm by 4.8 cm) to allow undersized
lobsters to exit,
8. A prohibition on the possession at any time of more than six
lobsters per person when aboard a head, charter, or 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 per trip of five or more days for
fishermen using non-trap methods (this limit is imposed by regulations
issued under the authority of the ACFCMA and are codified at 50 CFR
697.7).
NMFS proposes to continue all of these measures, as well as new
measures described herein, but to implement them by regulations issued
under authority of the ACFCMA instead of the Magnuson-Stevens Act.
Accordingly, the lobster regulations currently codified at 50 CFR part
649 would be removed and replaced with regulations to be codified at
under 50 CFR part 697.
Management measures in state waters vary by state. At a minimum,
states must comply with the requirements of the Commission, but
additional management measures have been taken by a number of states,
including limiting entry into the fishery and further restrictions on
fishing effort. The current Commission lobster management measures
require that state jurisdictions:
1. Set a minimum carapace size of 3\1/4\ inches (8.26 cm);
2. Prohibit the possession of lobsters bearing eggs and lobsters
from which eggs have been removed;
3. Prohibit fishermen from possessing of lobster meat, tails or
other parts;
4. Require that traps have escape vents;
5. Require that traps have biodegradable ``ghost'' panels; and
6. Prohibit spearing lobsters.
NMFS published a DEIS/RIR on March 17, 1998, (63 FR 14922) that
presented several alternative lobster management measures for both the
trap and the non-trap sector of the fishery, in order to meet the
mandate of the Magnuson-Stevens Act. The DEIS/RIR recognized the
problem associated with meeting the Sustainable Fisheries Act (SFA)
requirements, given that approximately 80 percent of the American
lobster fishery occurs in state waters and is subject primarily to
state, not Federal, management measures. Thirteen public hearings were
held in
[[Page 2710]]
nine states from Maine to North Carolina to discuss these alternatives
and any other ideas about lobster management. Public comments were
received from March 20 to May 19, 1998. Overall public comment on these
alternatives indicated strong support for the plan embodied by the
Commission's Amendment 3 and little support for other measures upon
which NMFS sought comments.
The DEIS/RIR included three alternatives specific to the non-trap
(mobile gear) fishery. The non-trap fishery alternatives included:
taking no action; implementing a possession limit of 100 lobsters per
day and a maximum of 500 lobsters per trip; or, implementing a
possession limit of 500 lobsters per trip, regardless of trip length.
The analysis concluded that a landing limit of 100/day and 500/trip
would cap landings from the non-trap sector at current levels and
ensure no future expansion of the non-trap sector.
Measures Proposed by 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. New requirements in state waters,
approved in December 1997, include a prohibition in all waters on the
possession of ``V-notched'' lobsters throughout the species range and a
limit to landings by non-trap fishermen of 100 lobsters per day, up to
a maximum of 500 lobsters per trip of 5 or more days. In addition, the
following measures would be applicable to all states and areas along
the Atlantic coast.
1. All commercial fishermen would have to have a permit to land or
possess lobster.
2. All lobster traps would have to contain at least one escape vent
with a minimum size of 5\3/4\ inches by 1\15/16\ inches (14.6 cm by 4.9
cm).
3. Traps could not exceed 22,950 cubic inches (376,082 cubic cm),
except offshore, where the maximum trap size would be 30,100 cubic
inches (493,249 cubic cm).
The Commission Plan will identify additional measures, with the
opportunity for consideration of alternatives having equal or greater
conservation benefits, to achieve the resource rebuilding objectives of
the American Lobster ISFMP. The Commission has also identified specific
management measures for some regions. This area management approach is
being developed with industry participation on seven individual lobster
conservation management teams (LCMT) established by the Commission.
Except for Area 6 (Long Island Sound), each of these areas include some
Federal waters. For the coordinates of the Commission lobster
management areas, see Sec. 697.31 of the proposed regulations. 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 1999,
and a 800 trap limit per vessel in 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 per
vessel was submitted by the Area 2 LCMT. It is currently under review
by the Commission.
Area 3, Offshore Waters (Entirely in Federal Waters)
The Commission recommends that NMFS implement a limit of 2000 traps
per vessel beginning January 1, 1999. A plan prepared by the Area 3
LCMT is currently under review by the Commission.
Areas 4, 5 and 6, Long Island and South
The need for trap reductions or other measures to rebuild the stock
will be investigated. Plans submitted by Area 4 and Area 6 LCMTs are
currently under review by the Commission. A plan is expected to be
submitted by the Area 5 LCMT in the near future.
Outer Cape Cod Lobster Management Area
The same trap limits required in Area 1 will apply, but there will
be no maximum size limitation.
The Commission also recommended several measures not directly
related to the trap fishery. For example, it recommended a prohibition
on spearing lobsters by making it illegal to possess any lobster that
has a shell that has been pierced by a spear. The Commission also
recommended that NMFS continue the moratorium on issuing new permits to
fish for lobster in Federal waters and a mandatory reporting
requirement. The current moratorium will expire on December 31, 1999.
The NMFS Proposed Plan
NMFS proposes to retain all current Federal measures for the
management of the lobster fishery, but to implement those measures by
regulations issued under the authority of the ACFCMA instead of by the
currently regulations issued under the authority of the Magnuson-
Stevens Act. In addition, NMFS proposes the following new measures
designed to implement the Commission's American Lobster ISFMP. Note
that some measures would apply to all Federal permit holders while
others would 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 a current moratorium scheduled to end on December 31,
1999, no new permits are being issued. Persons may only enter the
fishery by purchasing an existing vessel that already has a limited
access permit and then contacting NMFS to request a change of
ownership. NMFS proposes to continue the moratorium. This would avoid
any increase in the number of vessels permitted to take lobsters in
Federal waters. Such 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, NMFS proposes to adopt the boundaries
of the lobster management areas specified by the Commission. The
coordinates marking the perimeter of the areas can be found in the
proposed regulations in Sec. 697.31.
3. Lobster management area designation for vessels fishing with
traps. NMFS proposes that owners of vessels that elect to use traps
must inform NMFS each year of the lobster management areas they will
set trap gear in. A permit holder may set traps in more than one area,
but if any near-shore areas are elected (Areas 1, 2, 4, 5, 6 or the
Outer Cape Lobster Management Area), then Area 3, the offshore area,
may not also be elected in that year or any subsequent year. If a
permit holder elects to fish in Area 3, that person may not fish in any
other designated lobster management area except where Areas 2 and 3
overlap. The most restrictive of either Area 2 or Area 3 regulations
(including trap limits) will apply when fishing in this overlap area.
Once a vessel owner has designated one or more of the nearshore
management areas, the vessel would be required to fish only in those
areas. Permit holders electing to fish in EEZ Offshore Management Area
3 will have one opportunity to change to one or more of the EEZ
nearshore management areas, but thereafter would be prohibited from re-
electing Offshore Management Area 3. The reason for these provisions is
that different trap limits and maximum trap sizes are proposed for Area
3 than for the near-shore areas. A person receiving the
[[Page 2711]]
higher number of traps and trap tags would not be allowed to set gear
in the near-shore areas. At the same time, there may be a conservation
benefit to keeping effort in Area 3 from expanding. This provision
would slow the movement of fishermen from the near-shore areas into
Area 3, and may prevent an expansion of effort on the offshore brood
stock.
4. Near-shore area trap limits. In order to cap effort in the near-
shore areas, NMFS proposes that Federal permit holders electing to fish
in Areas 1, 2, the Area 2/3 overlap, 4, 5, 6 and in the Outer Cape
Lobster Management Area be limited to a maximum of 1000 traps in 1999
and to 800 traps in the year 2000. Further trap limits may be required
in the future if the egg-rebuilding schedule is not met by these limits
or other conservation equivalent measures. The purpose of this measure
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. Although many of the states are adopting similar
limits, measures in this rule would only apply to Federal permit
holders. 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 procedures identified in
Sec. 697.36 of this proposed rule.
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, NMFS proposes to prohibit
Federal permit holders from setting traps in the near-shore areas that
are larger than 22,950 cubic inches (376,082 cubic centimeters).
6. Area 1 maximum carapace size. For Federal permit holders fishing
in Area 1, NMFS proposes that there be a maximum harvestable size, in
order to have compatible measures with the Commission's ISFMP
recommendation. The Commission did not approve a maximum carapace size
for any other management area. Lobsters with a carapace size greater
than 5 inches (12.7 cm) could not be retained in Area 1, or by
fishermen who elect Area 1 as one of their designated management areas.
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.
7. Off-shore area trap limits and maximum trap size. NMFS proposes
that Federal permit holders electing to fish in Area 3 be limited to no
more than 2000 traps in 1999 and no more than 1800 traps in 2000.
Further reductions of this trap limit may be required in the future if
the egg-rebuilding schedule is not met by these limits. In addition,
NMFS proposes that traps set in Area 3 be no larger than 30,100 cubic
inches (493,249 cc). A higher maximum number of traps and larger
maximum trap size are proposed for Area 3 to offset the additional
costs and time required for fishing offshore. Alternative and/or
additional management measures will be considered in Federal waters in
accordance with Commission recommendations and procedures identified in
Sec. 697.36 of this proposed rule.
8. Trap tag allocations. As a way to enforce the trap limits
proposed for each lobster management area, NMFS proposes to require
that each trap set by a Federal permit holder have a trap tag attached
to the trap bridge or central cross-member. Lobster fishermen would be
required to purchase tags from NMFS or a NMFS-authorized distributor.
Each permit holder would be allowed to purchase tags, up to the maximum
number of traps allowed in his or her area, plus ten percent to cover
in-season loss. Those persons fishing in near-shore areas would be
allowed to purchase up to 1100 tags in 1999 and 880 tags in 2000. Those
persons fishing in Area 3 would be allowed to purchase up to 2200 tags
in 1999 and 1980 tags in 2000. The cost per tag is expected to be
approximately $0.14. 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 would 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.
9. State/Federal Coordination. NMFS may consider alternative
tagging programs with cooperating states through appropriate formal
agreements.
10. Non-trap harvest restrictions. NMFS proposes similar
regulations pertaining to non-trap landing limits as currently exist.
Under the proposed rule, it would 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, for each lobster day-at-sea, or part
of a lobster day-at-sea, up to a maximum of 500 lobsters for any one
trip, unless otherwise restricted.
11. Modifications to the plan. This is not a static plan. NMFS will
specify additional fishery measures as necessary to meet the egg
rebuilding schedule established by the Commission. 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.
ACFCMA requires that Federal regulations be consistent with the
national standards of the Magnuson-Stevens Act. National Standard 1
requires NMFS to develop conservation and management measures to
prevent overfishing while achieving, on a continuing basis, the optimum
yield for each fishery. The degree to which the current management
strategy under the Commission plan will achieve ISFMP objectives and
ensure maximum sustainable yield on a stock by stock basis will be
further assessed by state and NMFS fishery experts through scientific
peer review, currently scheduled for early 1999. If NMFS believes that
measures to meet the egg-rebuilding schedule which forms the basis of
the Commission plan are not sufficient to end overfishing and rebuild
stocks of American lobster, it will seek public comment on additional
or substitute measures to achieve that.
In addition, section 304(c) of the SFA requires the establishment
of a stock rebuilding plan for all overfished stocks. On September 30,
1997, NMFS issued its list of overfished fisheries, which includes the
American lobster fishery. NMFS, in consultation with the Commission,
will afford special attention to a refined evaluation of the relative
contributions of egg production, stock biomass, and population size
composition toward meeting stock rebuilding objectives. The ISFMP's
rebuilding schedule calls for a threefold increase in lobster egg
production in the Gulf of Maine from 1999-2005. The ISFMP also calls
for a sixfold increase in egg production on Georges Bank and South and
a fourfold to fivefold increase in the southern Cape Cod-Long Island
Sound region over the same time period. The rebuilding schedules
correspond to a substantial decrease in fishing mortality rate and an
increase in yield per recruit. If achieved, the higher levels of egg
production should improve the outlook for stock rebuilding, resulting
in
[[Page 2712]]
positive conservation and economic benefits.
National Standard 2 requires that management measures be based upon
the best scientific information available. The information base for
these management measures incorporate the most current peer-reviewed
information available on the stock status of the American lobster. This
information confirms the overfished status of the resource and supports
a reduction of fishing effort to minimize the potential for a stock
collapse.
National Standard 3 requires, as practicable, that an individual
stock be managed as a unit throughout its range, and that interrelated
stocks be managed as a unit or in close coordination. Three stock areas
for American lobster have been defined: (1) The Gulf of Maine; (2) the
Southern Cape Cod to Long Island Sound; and (3) the Georges Bank and
south to Cape Hatteras. The three stocks would be managed, throughout
the range of the population from Maine to North Carolina, through an
area management approach in coordination with state jurisdictional
management through the Commission's American Lobster ISFMP.
National Standard 4 requires that conservation and management
measures not discriminate between residents of different states. The
proposed regulations for the EEZ were developed in consultation with
the Commission and the lobster industry and take into account the
social and economic distinction between the nearshore and offshore EEZ
fisheries. The regulations strive to maintain historical participation
levels in the U.S. American lobster fishery.
National Standard 5 requires that, where practicable, conservation
and management measures promote efficiency in the utilization of
fishery resources. The excess of fishing gear is the primary reason for
the overfished condition of the American lobster resource. The increase
in the number of lobster traps in recent years has likely reduced the
net income of most lobster fishermen. The capping and reduction of
fishing effort provides a means to reduce excessive levels of fishing
gear and to improve economic efficiency. Continued reductions in
fishing effort, however, will likely reduce gross revenues by more than
5 percent, or require significant changes in business operations for a
substantial number of individual entities for at least some portion of
the stock rebuilding period. The primary intent of the trap reduction
schedule is to afford the necessary level of resource protection to
prevent overfishing, and promote rebuilding, of the American lobster
population.
National Standard 6 requires that conservation and management
measures take into account and allow for variations among, and
contingencies in, fisheries, fishery resources, and catches. The
proposed regulations take into account the variations in fisheries,
fishery resources, and catches between the nearshore and offshore EEZ
fisheries through the differential trap limits for the trap gear sector
and through a possession limit designed to maintain historical
participation by the non-trap fishery. The proposed higher trap limit
for Federal permit holders in the offshore EEZ fishery is based upon
the historical character and economics of that industry sector.
Additionally, adaptive management measures enable future consideration
of state/Federal collaboration efforts, in consultation with the
lobster industry, to accommodate specific industry needs on an area by
area basis.
National Standard 7 requires that, where practicable, conservation
and management measures minimize costs and avoid unnecessary
duplication. The implementation of a lobster trap tag program and a
gear requirement to increase the minimum escape vent size in lobster
traps, for example, will increase industry costs. These measures and
their associated cost would assist in ending overfishing and
uncontrolled increases in numbers of traps used by vessel operators.
Additional requirements relating to mandatory reporting for Federal
permit holders would be addressed by NMFS and state fishery management
agencies during the development of the Commission's Atlantic Coastal
Cooperative Statistics Program in a manner to avoid unnecessary
duplication between state and Federal reporting requirements.
National Standard 8 requires that, consistent with fishery
conservation requirements, conservation and management measures take
into account the importance of fishery resources to fishing
communities. There would likely be some initial negative effects on
fishing communities. However, the rebuilding of stocks would benefit
fishing communities throughout the Atlantic coast historical range for
American lobster. Sustained participation of communities and
consideration of economic impacts would be facilitated by industry
participation through the ISFMP's area management provisions. Data
currently available cannot fully describe levels of fishing effort in
the EEZ. However, the provisions associated with the management action
would allow, in collaboration with the Commission and state fishery
agencies, consideration of alternative conservation-equivalent
management measures on an area by area basis to meet industry needs and
help alleviate any adverse impact management measures might otherwise
have on fishing communities.
National Standard 9 requires that, to the extent practicable,
conservation and management measures minimize bycatch. Bycatch has not
been identified as a significant issue in the ISFMP for American
lobster. The proposed action would have no anticipated adverse impacts
on bycatch in the EEZ lobster fishery.
National Standard 10 requires that, to the extent practicable,
conservation and management measures promote the safety of human life
at sea. Reduction in number of lobster traps used by fishermen may
result in more frequent tending (reduced soak time) of lobster gear by
individual fishermen, but the specific effects of the potential
regulations on fishing activities are unknown.
Classification
This proposed rule is published under the authority of the ACFCMA.
Paragraphs (A) and (B) of section 804(b)(1) of the ACFCMA authorize the
Secretary of Commerce (Secretary) 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 preliminarily determined that these actions are consistent with
the national standards of the Magnuson-Stevens Act. The AA, before
making the final determinations, will take into account the data,
views, and comments received during the comment period.
NMFS prepared a DEIS/RIR for this action; a notice of availability
was published on March 27, 1998 (63 FR 14922). The DEIS analyzed six
different alternatives for the lobster trap fishery. The trap fishery
alternatives included: taking no action; 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
analysis concluded that
[[Page 2713]]
Federal action in the EEZ alone is not likely to stop overfishing,
rebuild lobster egg production, or meet Federal management requirements
to do so. Only cooperative state and Federal action would rebuild the
lobster stocks.
The DEIS/RIR also analyzed three alternatives for the non-trap
(mobile gear) fishery. The non-trap fishery alternatives included:
taking no action; implementing a possession limit of 100 lobsters per
day or a maximum of 500 lobsters per trip; and implementing a
possession limit of 500 lobsters per trip, regardless of trip length.
The analysis concluded that a landing limit of 100/day and 500/trip
would cap landings from the non-trap sector at current levels and
ensure no future expansion of the non-trap sector.
NMFS prepared an IRFA, supplemented by the preamble to this
proposed rule, that describes the impact this proposed rule, if
adopted, would have on small entities. Virtually all participants in
the lobster fishery are considered to be small entities. Consequently,
management measures in the proposed rule affect small entities only,
and all analyses of such effects are necessarily analyses of effects on
small entities. 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 proposed action for the trap sector would initially cap and
then reduce fishing effort (gear in the water), in addition to other
management measures. These measures would apply to all the small
entities in the trap sector. NMFS's analysis indicates that these
measures could result in a reduction of gross annual revenues of at
least 5 percent, or an increase in compliance costs of at least 5
percent, for at least 20 percent of the affected small entities. In
addition, it is possible that these measures will cause at least 2% of
the affected small entities to cease operations. Therefore, the
potential action is determined to have a significant economic impact on
a substantial number of small Federally permitted lobster trap vessels.
The ISFMP, however, 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) was
subdivided into seven areas, and Lobster Conservation Management Teams
(LCMT's) were established for each of these areas. These LCMT's,
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 review and approval by the Commission, will
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 found no significant impact on small entities for the non-trap
sector, primarily because the majority of these vessels do not rely on
lobster as their principal source of income. A copy of this analysis is
available from NMFS (see ADDRESSES).
Alternatives considered and their impacts have been discussed here.
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 are proposed new collection-of-information
requirements that have been submitted to OMB for approval.
The estimated time per individual response is shown.
1. Revision of existing gear (trap) marking requirements (1
minute);
2. Lobster management area designation, request for trap tags, and
preparing payment for trap tags (5 minutes);
3. Reporting lost trap tags and requesting replacement trap tags (3
minutes);
4. Requests for additional trap tags (2 minutes); and
5. Extend observer coverage to include the American lobster fishery
(2 minutes).
The following collection-of-information requirements are being
restated and have already 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 already 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 already been approved by OMB under control number 0648-0309:
experimental fishing exemption, estimated at one hour per vessel.
Public comment is sought regarding whether these proposed
collections of information are necessary for the proper performance of
the functions of the agency, including whether the information has
practical utility; the accuracy of the burden estimates; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology.
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 (see ADDRESSES).
A formal section 7 consultation under the Endangered Species Act
was initiated for this rule in a biological opinion by NMFS. 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 proposed changes are not likely to destroy or adversely
modify right whale critical habitat.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
Although this proposed rule does not modify existing regulations
found at 50 CFR part 697 pertaining to weakfish and striped bass, the
entirety of part 697, as proposed, is repeated here.
List of Subjects in 50 CFR Parts 649 and 697
Fisheries, Fishing.
[[Page 2714]]
Dated: January 8, 1999.
Rolland A. Schmitten,
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., 50 CFR part 649 is proposed to be removed and 50
CFR part 697 is proposed to be revised to read as follows:
PART 649--[REMOVED]
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.
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
697.20 Harvesting and landing requirements.
697.21 Gear identification and marking, escape vent, maximum trap
size, trap tagging and ghost panel requirements.
697.22 Experimental fishing exemption.
697.23 Restricted gear areas.
Subpart C--Egg Production Rebuilding Schedule and Adaptive Management
Adjustments to Management Measures
697.30 Purpose and scope.
697.31 Egg production rebuilding schedule lobster management areas.
697.32 Management area designations.
697.33 Trap allocations.
697.34 Trap tag allocations.
697.35 Non-trap trap harvest restrictions.
697.36 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.
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 BRDs mean any BRD, as defined in part 622, Appendix D of
this title: Specifications for Certified BRDs.
Charter or head boat means any vessel carrying fishing persons or
parties for a per capita fee or for a charter fee.
Commercial purposes means for the purpose of selling 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.
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.
Dive vessel means any vessel carrying divers for a per capita fee
or a charter fee.
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, the time
period 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 for
management purposes under the 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.
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,
[[Page 2715]]
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.
Retain means to fail to return any species specified under
Sec. 696.7 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.
Scrubbing is the intentional removal of eggs from a berried female.
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).
Regional Administrator means the Regional Administrator, Northeast
Region, NMFS, or a designee.
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 on the ocean bottom and is designed for or is capable of,
catching lobsters.
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.
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.
Sec. 697.4 Vessel permits.
(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: head, charter and dive boats 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 vessels;
and vessels that fish exclusively in state waters for American lobster.
(1) Eligibility. To be eligible to apply for a Federal limited
access lobster permit a vessel must have been issued either a Federal
limited access lobster for the preceding year, be replacing a vessel
that was issued a Federal limited access lobster permit for the
preceding year or be replacing a vessel issued a confirmation of permit
history.
(2) Application/renewal restrictions. All limited access permits
established under this section must be issued on an annual basis by the
last day of the fishing year for which the permit is required, unless a
CPH has been issued as specified in paragraph (a)(6) of this section.
Application for such permits must be received no later than 30 days
before the last day of the fishing year. Failure to renew a limited
access permit in any fishing year bars the renewal of the permit in
subsequent years.
(3) 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)(4) of this section.
(4) Change in ownership. The fishing and permit history 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 for the purposes of replacing the
vessel.
(5) Consolidation restriction. Federal limited access American
lobster permits, and any rights or privileges associated thereto, may
not be combined or consolidated.
(6) 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 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
[[Page 2716]]
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.
(7) 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's permit or fishing history has been used
to qualify another vessel for another Federal fishery.
(8) Management area designation restrictions. A vessel may not
change management area designation during the fishing year, except as
provided in Sec. 697.32. Prior to the start of the fishing year, vessel
owners will have one opportunity to request a change in management area
designation by submitting an application to the Regional Administrator
prior to the start of the fishing year and within 45 days of issuance
of the previous designation. After that date, the vessel must remain in
the management area elected for the remainder of the 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. 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 before the date on which
the applicant desires to have the permit made effective. Eligibility
requirements are specified in paragraph (a)(1) of this section. The
Regional Administrator will notify the applicant of any deficiency in
the application pursuant to this section.
(d) Information requirements. In addition to applicable information
required to be provided by paragraph (c) of this section, an
application for a Federal limited access American lobster permit must
contain at least the following information, and any other information
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; 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; lobster fishing area declaration; 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.
(e) Fees. The Regional Administrator may charge a fee to recover
the administrative expense of issuing a Federal limited access American
lobster permit required under this section. The amount of the fee shall
be calculated in accordance with the procedures of the NOAA Finance
Handbook for determining administrative costs of each special product
or service. The NOAA Finance Handbook can be obtained from the Regional
Administrator, NMFS (see Table 1 to Sec. 600.502 of this chapter). The
fee may not exceed such costs and will 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 Federal American lobster
vessel permit 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; or
(ii) The application was not received by the Regional Administrator
by the deadlines set forth in paragraph (a)(2) of this section; or
(iii) The applicant has failed to meet any other application
requirements stated in this part.
(2) Upon receipt of an incomplete or improperly executed
application, 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 Federal limited access American lobster permit
will expire upon the renewal date specified in the permit.
(h) Duration. A permit will continue in effect unless it is
revoked, suspended, or modified under 15 CFR part 904, or until it
otherwise expires, or ownership of the vessel 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. Reissued permits, for an otherwise valid permit,
may be issued 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 Federal Fisheries Permit
number assigned. An application for a reissued permit will not be
considered a new application. An appropriate fee may be charged.
(j) Transfer. Permits issued under this section are not
transferable or assignable. A permit is valid only for the vessel and
owner/or person to 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. Any permit issued under this part must be maintained
in legible condition and displayed for inspection upon request by any
authorized officer.
(n) Sanctions. The Assistant Administrator may suspend, revoke, or
modify, any permit issued or sought under this section. Procedures
governing enforcement-related permit sanctions and denials are found at
subpart D of 15 CFR part 904.
[[Page 2717]]
(o) Abandonment or voluntary relinquishment of limited access
American lobster permits. 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: head, charter and dive boats 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 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. 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, pursuant to this
section.
(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 vessel's 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(a). 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.
(d) Information requirements. An applicant must provide at least
all the following information and any other information 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 one year old) color passport-size
photographs.
(e) Fees. See Sec. 697.4(e).
(f) Issuance. See Sec. 697.4(f).
(g) Expiration. See Sec. 697.4(g).
(h) Duration. A 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 (k) of this section.
(i) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Administrator when requested in writing by
the applicant, stating the need for reissuance and the Federal operator
permit number assigned. An applicant for a reissued permit must also
provide two recent (no more than one year old) color passport-size
photos of the applicant. An application for a reissued permit will not
be considered a new application. An appropriate fee may be charged.
(j) Transfer. Permits issued under this section are not
transferable or assignable. A permit is valid only for the person to
whom it is issued.
(k) 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.
(l) Alteration. See Sec. 697.4(l).
(m) Display. Any permit issued under this part must be maintained
in legible condition and displayed for inspection upon request by any
authorized officer.
(n) 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. The
Assistant Administrator may suspend, revoke, or modify, any permit
issued or sought under this section. Procedures governing enforcement
related permit sanctions and denials are found at subpart D of 15 CFR
part 904.
(o) 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) All American lobster dealers must have been issued, and have in
their possession, a valid permit issued under this section.
(b) Dealer application. See Sec. 697.5(b).
(c) Information requirements. Applications must contain at least
the following information and any other information 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.
(d) Fees. See Sec. 697.4(e).
(e) 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.
(f) Expiration. See Sec. 697.4(g).
(g) 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 (j) of this section.
[[Page 2718]]
(h) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Administrator when requested in writing by
the applicant, stating the need for reissuance and the Federal dealer
permit number assigned. An application for a reissued permit will not
be 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, or
other business entity, to which it is issued.
(j) Change in application information. See Sec. 697.5(k).
(k) Alteration. See Sec. 697.4(l).
(l) Display. See Sec. 697.5(m).
(m) 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 must comply with the more
restrictive requirement.
(n) Sanctions. See Sec. 697.4(n).
Sec. 697.7 Prohibitions.
(a) Atlantic Coast weakfish fishery. In addition to the
prohibitions set forth in Sec. 600.725 of this chapter, the following
prohibitions apply. 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) To 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) To 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) To 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) To 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, the following prohibitions
apply. 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. In addition to the prohibitions specified in
Sec. 600.725 of this chapter, the following prohibitions apply. It is
unlawful for any person owning or operating a vessel issued a Federal
limited access American lobster permit under Sec. 697.4 to do any of
the following:
(1) Retain on board, land, or possess at or after landing, 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, up to and including the time when a dealer
receives or possesses American lobsters for a commercial purpose.
(2) Retain on board, land, or possess any American lobster or parts
thereof in violation of the mutilation standards specified in
Sec. 697.20(c).
(3) Retain on board, land, or possess any berried female American
lobster specified in Sec. 697.20(d).
(4) Remove eggs from any berried female American lobster, land, or
possess any such lobster from which eggs have been removed. No person
may land or possess any lobster that has come in contact with any
substance capable of removing lobster eggs.
(5) Retain on board, land, or possess any V-notched female American
lobster throughout the range of the stock.
(6) Spear any American lobster, or land or possess any American
lobster which has been speared.
(7) Possess, deploy, haul, harvest lobster from, or carry aboard a
vessel any gear not identified, marked, vented, tagged, paneled, and of
a volume larger than specified in accordance with the requirements in
Sec. 697.21, unless such gear has been rendered unfishable.
(8) Fail to affix and maintain permanent markings, as required by
Sec. 697.8.
(9) Fish for, land, or possess American lobsters, unless the
operator of the vessel has been issued an operator's permit under
Sec. 697.5, and the permit is on board the vessel and is valid.
(10) 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(k).
(11) Make any false statement in connection with an application
under Sec. 697.4 or Sec. 697.5.
(12) 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.
(d) Presumptions. Any person possessing, or landing American
lobsters at or prior to the time when those American lobsters are
landed, or are received or possessed by a dealer, 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 that fishes for American lobsters
exclusively in state waters; or are from a head, charter, or 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 vessel.
(1) American lobsters that are possessed, or landed at or prior to
the time when the American lobsters are received by a dealer, or
American lobsters that are possessed by a dealer,
[[Page 2719]]
are presumed to be 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 waters will be
sufficient to rebut the presumption.
(2) The possession of egg-bearing female American lobsters, V-
notched female American lobsters, or American lobsters that are smaller
than the minimum size set forth in Sec. 697.20(b), will be prima facie
evidence that such American lobsters 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.
(e) American lobster. In addition to the prohibitions specified in
Sec. 600.725 of this chapter and the prohibitions specified in
paragraph (c) of this section, the following prohibitions apply. It is
unlawful for any person to do any of the following:
(1) Retain on board, land, or possess American lobsters unless:
(i) 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(a); or
(ii) 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
(iii) The American lobsters were harvested by a head, charter, or
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
(iv) The American lobsters were harvested by a recreational fishing
vessel.
(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 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;
(3) 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(a), without
having been issued and possessing a valid operator's permit under
Sec. 697.5.
(4) 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.
(5) 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, unless 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.
(6) Assault, resist, oppose, impede, harass, intimidate, or
interfere with either a NMFS-approved observer aboard a vessel, or an
authorized officer conducting any search, inspection, investigation, or
seizure in connection with enforcement of this part.
(7) 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.
(8) 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.
(9) Retain on board, land, or possess any American lobsters
harvested in or from the EEZ in violation of Sec. 697.20.
(10) Ship, transport, offer for sale, sell, or purchase, in
interstate or foreign commerce, any whole live American lobster in
violation of Sec. 697.20.
(11) 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).
(12) 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 board
during the time periods specified in Sec. 697.23(b)(1), (c)(1), and
(d)(1).
(13) 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).
Sec. 697.8 Vessel identification.
(a) Vessel name and official number. Each fishing vessel subject to
this part 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,
the official number must be displayed 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 subject to this part
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 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 above requirements.
Sec. 697.9 Facilitation of enforcement.
See Sec. 648.15 of this chapter.
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 Act and the ACFCMA, and to the regulations of
this part.
[[Page 2720]]
Sec. 697.12 At-sea sea sampler/observer coverage.
(a) The Regional Administrator may request any vessel holding a
Federal limited access American lobster permit to carry a NMFS-approved
sea sampler/observer. If requested by the Regional Administrator to
carry an observer or sea sampler, a vessel may not engage in any
fishing operations in the respective fishery unless an observer or sea
sampler is on board, or unless the requirement is waived.
(b) If requested by the Regional Administrator to carry an observer
or sea sampler, it is the responsibility of the vessel owner to arrange
for and facilitate observer or sea sampler 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 the requirement to carry a
sea sampler or observer if the facilities on a vessel for housing the
observer or sea sampler, or for carrying out observer or sea sampler
functions, are so inadequate or unsafe that the health or safety of the
observer or sea sampler, 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 observer/sea sampler, 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 observers/sea samplers 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 any of 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 observer coverage funded by outside sources if:
(1) All coverage conducted by such observers is determined by NMFS
to be in compliance with NMFS' observer guidelines and procedures.
(2) The owner or operator of the vessel complies with all other
provisions of this part.
(3) The observer is approved by the Regional Administrator.
Subpart B--Management Measures
Sec. 697.20 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, 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 the EEZ Nearshore Management Area 1, as defined in
Sec. 697.31 (a)(1), is 5 inches (12.7 cm). Any vessel fishing in or
permitted to fish in the 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.
(c) Mutilation. (1) Prior to offloading from the vessel no person
may remove meat or any body appendage from any American lobster
harvested in or from the EEZ, or have in possession on board any
American lobster part other than whole lobsters.
(2) Prior to offloading from the vessel no owner, operator or
person aboard a vessel issued a Federal limited access American lobster
permit may remove meat or any body appendage from any American lobster,
or have in possession on board any American lobster part other than
whole lobsters.
(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) Scrubbing. (1) No person may intentionally remove 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 intentionally remove
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.
[[Page 2721]]
Sec. 697.21 Gear identification and marking, escape vent, maximum trap
size, trap tagging, and ghost panel requirements.
(a) Identification. 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 marked with a trap tag (as specified in
Sec. 697.34) marked with the Federal permit number assigned by the
Regional Administrator.
(b) Gear configuration. In the EEZ, lobster trap trawls are to be
configured as follows:
(1) Lobster trap trawls of three or fewer traps must be configured
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, see Table 1 to Sec. 600.502 of
this title.)
(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.
(c) Trap tagging. (1) Each owner of a vessel issued a valid permit
under Sec. 697.4 and fishing with traps for American lobster in the EEZ
must properly tag all lobster traps as specified under Sec. 697.34. The
Regional Administrator may, by agreement with state agencies, recognize
trap tags issued by those agencies endorsed for fishing for lobster in
the EEZ, provided that such tagging programs accurately identify
persons who fish in the EEZ, and that the Regional Administrator can
either individually, or in concert with the state agency, act to
suspend the permit or license for EEZ fishing for any violation under
this part.
(2) Alternate state EEZ tagging programs may be established through
a letter of agreement between the Regional Administrator and the
director of the state marine fisheries agency concerned. The letter of
agreement will specify the information to be collected by the alternate
EEZ tagging program and the mode and frequency of provision of that
information to the Regional Administrator. The Regional Administrator
will, in cooperation with the state director, arrange for notification
of the existence and terms of any such agreements to the affected
persons. Persons intending to fish in the EEZ should determine whether
an alternate EEZ tagging program is in force for their state before
applying for a Federal permit under Sec. 697.4.
(d) Escape vents. 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 be constructed to include one of the following
escape vents in the parlor section of the trap. The vent must be
located in such a manner that it would not be blocked or obstructed by
any portion of the trap, associated gear, or the sea floor in normal
use.
(1) The specifications for escape vents are as follows:
(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 rule, any other type of acceptable escape
vent that the Regional Administrator finds to be consistent with
paragraphs (d)(1)(i) and (ii) of this section.
(e) Ghost panel. Lobster traps not constructed entirely of wood
must contain a ghost panel.
(1) The specifications for ghost panels are as follows:
(i) The opening to be covered by the ghost panel must be
rectangular and must not be less than 3\3/4\ inches (9.53 cm) by 3\3/4\
inches (9.53 cm).
(ii) The panel must be 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 (0.24 cm) in diameter.
(iii) The door of the trap may serve as the ghost panel, if
fastened with a material specified in paragraph (e)(1)(ii) of this
section.
(iv) The ghost panel must be located in the outer parlor(s) of the
trap and not in the bottom of the trap.
(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).
(f) Maximum trap size. 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 shall have a volume not to exceed the following
specifications;
(i) EEZ Nearshore Management Area--22,950 cubic inches (376,081
cubic centimeters) as measured on the outside portion of the trap,
exclusive of the runners, 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), or the Area \2/3\
Overlap; or
(ii) EEZ Offshore Management Area--30,100 cubic inches (493,249
cubic centimeters) as measured on the outside portion of the trap,
exclusive of the runners, if deployed or possessed by a person or
vessel permitted to fish in EEZ Offshore Management Area 3.
(g) Enforcement action. Unidentified, unmarked, untagged, unvented,
or improperly vented 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 Experimental fishing exemption.
The Regional Administrator may exempt any person or vessel from the
requirements of this part for the conduct of experimental fishing
beneficial to the management of the American lobster, Atlantic striped
bass or weakfish, 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 or weakfish, resource or fishery; or
(2) Create significant enforcement problems.
(b) Each vessel participating in any exempted experimental fishing
activity is subject to all provisions of this part,
[[Page 2722]]
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 experimental 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, 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. Vessels may transit this area provided that all mobile gear
is on board the vessel while inside the area.
(ii) Lobster trap gear. From June 16 through September 30, 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 120 Latitude Longitude
------------------------------------------------------------------------
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.
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 to 181.................... 40 deg.02.75' N. 70 deg.16.1' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to 69 Latitude Longitude
------------------------------------------------------------------------
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.59.75' N. 70 deg.13.05' W.
181 to 119.................... 39 deg.59.3' N. 70 deg.14.0' W.
------------------------------------------------------------------------
(c) Restricted Gear Area II.--(1) Duration.--(i) Mobile Gear. From
November 27 through June 15, 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. Vessels may transit this area provided that
all mobile gear is on board the vessel while inside the area.
(ii) Lobster trap gear. From June 16 through November 26, 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 1 Latitude Longitude
------------------------------------------------------------------------
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.
[[Page 2723]]
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 to 48..................... 39 deg.29.75' N...... 72 deg.09.8' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to 49 Latitude Longitude
------------------------------------------------------------------------
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 to 70..................... 39 deg.29.0' N....... 72 deg.09.25' W.
------------------------------------------------------------------------
5(d) Restricted Gear Area III.--(1) Duration.--(i) Mobile Gear.
From June 16 through November 26, 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
[[Page 2724]]
defined in paragraph (d)(2) of this section) unless transiting. Vessels
may transit this area provided that all mobile gear is on board the
vessel while inside the area.
(ii) Lobster trap gear. From January 1 through April 30, 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 49 Latitude Longitude
------------------------------------------------------------------------
182........................... 40 deg.05.6' N. 70 deg.17.7' W.
183........................... 40 deg.06.5' N. 70 deg.40.05' W.
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 to 70..................... 39 deg.33.65' N. 72 deg.15.0' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to 182 Latitude Longitude
------------------------------------------------------------------------
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 to 192.................... 39 deg.29.75' N...... 72 deg.09.8' W.
------------------------------------------------------------------------
(e) Restricted Gear Area IV.--(1) Duration for Mobile Gear. From
June 16 through September 30, 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. Vessels may transit this area 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. 69 deg.45.00' W.
205........................... 40 deg.07.60' N. 70 deg.04.50' W.
206 to 119.................... 40 deg.07.80' N. 70 deg.09.20' W.
------------------------------------------------------------------------
Offshore Boundary
------------------------------------------------------------------------
Point to 193 Latitude Longitude
------------------------------------------------------------------------
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.
[[Page 2725]]
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.08.7'# 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 to 206.................... 40 deg.02.75' N.... 70 deg.16.1' W.
------------------------------------------------------------------------
Subpart C--Egg Production Rebuilding Schedule and Adaptive
Management Adjustments
Sec. 697.30 Purpose and scope.
The purpose of this subpart is to specify the requirements and
adaptive area management procedures for implementing the egg production
rebuilding schedule for American lobster, intended to eliminate
overfishing in all resource areas and rebuild the stock.
Sec. 697.31 Egg production rebuilding schedule Lobster Management
Areas.
(a) Management areas. The egg production rebuilding schedule shall
be developed based on the status of stock of American lobsters and
management considerations for each of the following lobster management
areas described and defined in paragraph (a) of this section.
(1) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area
1 including state and Federal waters that are near-shore in the Gulf of
Maine, as defined by the area 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.
------------------------------------------------------------------------
(2) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area
2 including state and Federal waters that are near-shore in Southern
New England, defined as follows:
------------------------------------------------------------------------
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.18'30'' N... 71 deg.54'30'' W.
R............................. 41 deg.11'30'' N... 71 deg.47'15'' 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.
(3) Area 2/3 Overlap. In the southern New England area, there shall
be an area of overlap between Area 2 and Area 3, defined as follows:
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
(4) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3
comprises entirely Federal waters defined by the area 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.12.5' 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''.
(5) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area
4 including state and Federal waters that are near-shore in the
northern Mid-Atlantic area, defined by the area bounded by straight
lines connecting the following points:
------------------------------------------------------------------------
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''.
(6) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area
5 including state and Federal waters that are near-shore in the
southern Mid-Atlantic area, defined by the area 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''.
(7) EEZ Nearshore Management Area 6. The EEZ Nearshore Management
Area 6 includes New York and Connecticut state waters specified as
follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
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.18'30'' N. 71 deg.54'30'' W.
R............................. 41 deg.11'30'' N. 71 deg.47'15'' 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''.
(8) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore
[[Page 2726]]
Outer Cape Lobster Management Area including state and Federal waters
off Cape Cod, specified as follows:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
F............................. 42 deg.10' N. 69 deg.56' W.
G............................. 42 deg.05.5' N. 70 deg.14' W.
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'' along the outer Cape Cod coast to Point ``F''.
(9) NMFS may, consistent with Sec. 697.36, implement management
measures necessary for each management area, in order to end
overfishing and rebuild stocks of American lobster.
(b) [Reserved]
Sec. 697.32 Management area designations.
(a) Management area designations for vessels fishing with traps.
(1) Each owner of a vessel issued a Federal limited access American
lobster permit or CPH which fishes with traps capable of catching
American lobster must complete a lobster management area designation
and trap program application form and declare to NMFS in which
management areas described in Sec. 697.31(a) the vessel intends to
fish. The Regional Administrator will notify the applicant of any
deficiency in the application pursuant to this section. It shall be
unlawful to retain on board, land, or possess American lobster until
the application is complete and the designation certificate is issued.
(2) A lobster designation certificate will indicate which lobster
management area or areas the vessel has elected.
(3) Vessels issued a designation certificate electing to fish in
any or all of the lobster EEZ Nearshore Management Areas (Area 1, Outer
Cape Lobster Management Area, Area 2, Area 4, Area 5, or Area 6)
regardless of whether the vessel has changed ownership after election,
are prohibited from:
(i) Fishing for, landing from, or possessing lobster in, unless in
continuous transit, the lobster EEZ Offshore Management Area 3.
(ii) Changing the elected management area designation to the EEZ
Offshore Management Area 3.
(iii) Changing the elected EEZ Nearshore Management Area
designation for the remainder of the fishing year in which the EEZ
Nearshore Management Area designation was elected.
(4) A vessel issued a designation certificate electing more than
one EEZ Nearshore Management Area (Area 1, Outer Cape Lobster
Management Area, Area 2, Area 4, Area 5, or Area 6) and/or the Area \2/
3\ Overlap must abide by the most restrictive management measures in
effect for the areas elected for the entire fishing year.
(5) Vessels issued a designation certificate electing any of the
EEZ Nearshore Management Area designations (Area 1, Outer Cape Lobster
Management Area, Area 2, Area 4, Area 5, or Area 6) or the Area \2/3\
Overlap are subject to trap allocation requirements established in
Sec. 697.33 (a) and (b) and subject to trap tag allocation requirements
established in Sec. 697.34.
(6) Vessels issued a designation certificate electing the lobster
EEZ Offshore Management Area 3 regardless of whether the vessel changes
ownership after election, are prohibited from:
(i) Fishing for, landing from, or possessing lobsters in, unless in
continuous transit, any of the lobster EEZ Nearshore Management Areas
(Area 1, Outer Cape Lobster Management Area, Area 2, Area 4, Area 5, or
Area 6), or;
(ii) Changing the elected management area designation for the
duration of the fishing year in which the EEZ Offshore Management Area
3 was elected.
(7) A vessel issued a designation certificate electing the lobster
EEZ Offshore Management Area 3 may elect to change to the lobster EEZ
Nearshore Management Areas (Area 1, Outer Cape Lobster Management Area,
Area 2, Area 4, Area 5, or Area 6) during the annual permit renewal
process, but once the vessel is issued a designation certificate in any
of the EEZ Nearshore Management Areas (Area 1, Outer Cape Lobster
Management Area, Area 2, Area 4, Area 5, or Area 6), regardless of
whether the vessel changes ownership after election, the vessel is
prohibited from:
(i) Fishing for, landing from, or possessing lobster in the EEZ
Offshore Management Area 3, for that fishing year or;
(ii) Changing the elected management area designation to the EEZ
Offshore Management Area 3 for any subsequent fishing year.
(8) Vessels issued a designation certificate electing the EEZ
Offshore Management Area 3 shall be subject to trap allocation
requirements established in Sec. 697.33 (c) and (d) and subject to trap
tag allocation requirements established in Sec. 697.34 for the entire
fishing year, regardless of whether the vessel changes ownership after
election.
(9) A vessel issued a designation certificate electing the EEZ
Offshore Management Area 3 and the Area \2/3\ Overlap must abide by the
most restrictive management measures in effect for the areas elected
for the entire fishing year, regardless of whether the vessel changes
ownership after election.
(10) If a vessel is bought, sold, or otherwise transferred, the
management area designation(s) transfer with the vessel.
(b) [Reserved]
Sec. 697.33 Trap allocations.
(a) Beginning on May 1, 1999, it shall be unlawful for vessels
issued a designation certificate electing to fish in any EEZ Nearshore
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2,
Area 4, Area 5, or Area 6) or the Area \2/3\ Overlap to fish with,
deploy in, possess in, or haul back from such area more than 1,000
traps.
(b) Beginning on May 1, 2000, it shall be unlawful for vessels
issued a designation certificate electing to fish in any EEZ Nearshore
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2,
Area \2/3\ Overlap, Area 4, Area 5, or Area 6) or the Area \2/3\
Overlap to fish with, deploy in, possess in, or haul back from such
area more than 800 traps.
(c) Beginning on May 1, 1999, it shall be unlawful for vessels
issued a designation certificate electing to fish in the EEZ Offshore
Management Area 3 to:
(1) Fish with, deploy in, possess in, or haul back from such area
more than 2,000 traps.
(2) Fish with, deploy in, or haul back traps in any EEZ Nearshore
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2,
Area 4, Area 5, or Area 6) or state waters.
(d) Beginning on May 1, 2000, it shall be unlawful for vessels
issued a designation certificate electing to fish in the EEZ Offshore
Management Area 3 to:
(1) Fish with, deploy in, possess in, or haul back from such area
more than 1,800 traps.
(2) Fish with, deploy in, or haul back traps in any EEZ Nearshore
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2,
Area 4, Area 5, or Area 6) or state waters.
(e) On-shore trap count. When requested by an authorized officer,
vessel owners must display lobsters traps for an on-shore count to
verify the amount of lobster traps being fished in compliance with this
section.
Sec. 697.34 Trap tag allocations.
(a) A permit holder letter will be sent to all eligible Federal
limited access American lobster vessels informing them of the costs
associated with the
[[Page 2727]]
tagging requirement and directions for obtaining tags.
(1) Each owner of a vessel issued a Federal limited access American
lobster permit that fishes with traps capable of catching American
lobster must complete a lobster management area designation and trap
program application form, indicate the number of lobster trap tags that
they are requesting, and include a check for the cost of the tags. The
Regional Administrator will notify the applicant of any deficiency in
the application pursuant to this section. It shall be unlawful to fish
for, retain on board, land, or possess American lobster until the
application is complete and the permit is issued.
(2) The Regional Administrator may, by agreement with state
agencies, permit trap tags issued by those agencies to fish for lobster
in the EEZ in lieu of trap tags required by this part, provided that
such tagging programs accurately identify Federal limited access
American lobster permit holders who fish in the EEZ, and that the
Regional Administrator can either individually, or in concert with the
state agency, act to suspend the permit or license for EEZ fishing for
any violation under this part.
(3) Alternate state EEZ tagging programs may be established through
an appropriate agreement between the Regional Administrator and the
state concerned, dependent upon state and Federal enabling authorities.
The letter of agreement will specify the information to be collected,
how it will be collected, and how often it will be collected and
provided to the Regional Administrator by the alternate EEZ tagging
program. The Regional Administrator will, in cooperation with the
state, arrange for notification of the existence and terms of any such
agreements to the affected persons. Persons intending to fish in the
EEZ should determine whether an alternate EEZ tagging program is in
force for their state before applying for a Federal permit under
Sec. 697.4.
(b) (1) In any fishing year, the maximum number of tags authorized
for direct purchase by each permit holder shall be the applicable trap
limit specified in Sec. 697.33 plus an additional 10 percent to cover
trap loss.
(2) Lost tags. Vessel owners or operators are required to report in
writing to the Regional Administrator lost, destroyed, and missing tags
within 24 hours after the tags have been discovered lost, destroyed, or
missing, on an official lobster trap tag replacement order form signed
by the permit holder or authorized representative.
(3) Replacement tags. Requests for replacement of lost tags in
excess of the tag limit specified in paragraph (b)(1) of this section
must be submitted in writing to the Regional Administrator on an
official lobster trap tag replacement order form, 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.
(c) Effective May 1, 1999, it shall be unlawful to:
(1) Fish any lobster trap in Federal waters unless a valid Federal
lobster trap tag is permanently attached to the trap bridge or central
cross-member.
(2) Fail to produce, or cause to be produced, lobster trap tags
when requested by an authorized officer.
(3) Reproduce, or cause to be reproduced, lobster trap tags without
the written consent of the Regional Administrator.
(4) Tag a lobster trap with, or use, a lobster trap tag that has
been reported lost, missing, destroyed, or issued to another vessel.
(5) Sell, transfer, or give away lobster trap tags that have been
reported lost, missing, destroyed, or issued to another vessel.
Sec. 697.35 Non-trap harvest restrictions.
(a) Non-trap trap landing limits. In addition to the prohibitions
set forth in Sec. 600.725 of this chapter, it is unlawful for a vessel
that takes lobster on a fishing trip in the EEZ by a method other than
traps to possess, retain on board, or land, in excess of 100 lobsters,
for each lobster day-at-sea or part of a lobster day-at-sea, up to a
maximum of 500 lobsters for any one trip, unless otherwise restricted
by Sec. 648.80(a)(3)(i), Sec. 648.80(a)(4)(i)(A), (a)(8)(i),
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), or (b)(3)(ii) of this
chapter.
(b) All persons that take lobsters on a fishing trip in 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 takes lobster by a
method other than traps may not possess on board, deploy, fish with, or
haul back traps.
Sec. 697.36 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, file with the Office of Federal Register for publication of
a proposed rule to implement additional or different management
measures for Federal waters in any of the management areas specified in
Sec. 697.31(a) 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 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 comment, NMFS shall
file with the Office of Federal Register for publication of a final
rule to implement any such measures.
(b) At any other time, NMFS may file with the Office of Federal
Register for publication of a proposed rule, after consultation with
the Commission, to implement any additional or different management
measures in order to achieve ISFMP objectives or be consistent or
compatible with Commission measures or recommendations. After
considering public comments, NMFS may file with the Office of Federal
Register for publication of 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. 99-835 Filed 1-11-99; 3:35 pm]
BILLING CODE 3510-22-P
