Atlantic States Marine Fisheries Commission  
 
 
DRAFT ADDENDUM XX X TO AMENDMENT 3 TO THE AMERICAN 
LOBSTER FISHERY MANAGEMENT PLAN  FOR PUBLIC COMMENT  
 
Foreign Import Minimum  Size Recommendation  
 
 
 
    
 
 
March  2024 
  
Sustainable and Cooperative Management of Atlantic Coastal Fisheries   
 Public Comment Process and Proposed Timeline  
In May 2023, the Board approved Addendum XXVII, which establishes a trigger mechanism to 
implement management measures – specifically gauge and escape vent sizes – to provide 
additional protection of the Gulf of Maine/Georges Bank (GOM/GBK) spawning stock biomass (SSB). Under Addendum XXVII, changes to the current gauge and escape vent sizes in Lobs ter 
Conservation Management Area (LCMA) 1 (inshore Gulf of Maine) will begin January 1, 2025, starting with an increase to the minimum gauge size in LCMA 1 from 3 ¼” to 3 
5/16” followed by 
a second increase  January  1, 2027, to 3 3/8”. With these changes the LCMA 1 minimum gauge 
size will be the smallest minimum gauge size in effect.  
 Draft Addendum XXX does not present a range of  management  alternatives. Rather, it is an 
administrative document that clarifies how the Commission  will recommend to NOAA Fisheries  
the implementation of the change in the LCMA 1 minimum gauge size and the implication on 
imports per the Mitchell Provision of the Magnuson Steven Act  (see s ection 2.1) .  
 The public is encouraged to submit comments regarding the administrative intention in this document at any time during the addendum process. The final date comments will be accepted is June 3, 2024 at 11:59 p.m. EST.  Comments may be submitte d by mail, or email. If you have 
any questions or would like to submit comments , please use the contact information below.  
 Mail : Caitlin Starks   Email : comments@asmfc.org
   
Atlantic States Marine Fisheries Commission  (Subject line: Lobster  Draft  Addendum XX X) 
1050 N. Highland St. Suite 2 00A-N    
Arlington, VA 22201                    
 
Date  Action  
January 2024  Board initiated the Draft Addendum  XXX 
February  2024 Plan Development Team (PDT) develop ed Draft 
Addendum document  
March  2024 Board review and approv al of Draft Addendum XXX for 
public comment  
March -June  2024 Public comment period   
August  2024 Board reviews public comment, selects management  
measures, final approval of Addendum XXX 
  
ii Table of Contents  
1.0 Introduction  .............................................................................................................................. 1 
2.0 Background  ............................................................................................................................... 1 
 Mitchell P rovision  ..................................................................................................................... 1 
2.1.1 Enforcement Concerns  .................................................................................................. 2 
3.0 Proposed Recommendation to NOAA Fisheries  ....................................................................... 2 
4.0 References  ................................................................................................................................ 2 
5.0 Tables and  Figures  .................................................................................................................... 3 
  
1 1.0 Introduction  
The Atlantic States Marine Fisheries Commission (ASMFC) has coordinated the interstate 
management of American lobster ( Homarus americanus)  from 0 -3 miles offshore since 1996. 
American lobster is currently managed und er Amendment 3 and Addenda I -XXVI  to the  Fishery 
Management Plan (FMP). Management authority in the Exclusive Economic Zone (EEZ) from 3 -
200 miles from shore lies with NOAA Fisheries. The management unit includes all coastal 
migratory stocks between Maine and Virginia. Within the management unit  there are  seven 
lobster conservation management areas (LCMAs): Inshore and offshore GOM (Area 1), Inshore 
SNE (Area 2), Offshore Waters (Area 3), Inshore and offshore Northern Mid- Atlantic (Area 4), 
Inshore and offshore Southern Mid -Atlantic (Area 5), Lon g Island Sound (Area 6) and Outer 
Cape Cod) (Figure 1 ). The Commission implements management measures  (gauge sizes, vent 
size, trap limits, seasons, etc.)  specific to  each LCMA  (Table 1). The FMP prohibits the minimum 
gauge size of any LCMA to be lower tha n 3 ¼ inches carapace length.   
 
The Magnuson -Stevens Act (MSA) prohibits imports of whole live lobster smaller than the 
minimum possession size in effect at the time under the Commission’s American lobster management program. This provision, referred to as the Mitchell Provision, was passed to prevent imports of lobster smaller than those harvested by United States  (US) fisherm en. The 
current minimum gauge size for LCMA 1  (inshore Gulf of Maine)  is 3 ¼ inch, which is the 
smallest minimum size in effect for  the US lobster fishery.  
 Under Addendum XXVII, changes to the current minimum size in LCMA 1 will begin January 1, 
2025, starting with an increase from 3 ¼” to 3 
5/16”. Thus, starting in January 2025, 3 5/16” will 
be the smallest minimum size in effect.  
 
The purpose of this addendum is to provide detail  to the public  on what the Commission’s 
recommendation to NOAA fisheries will be regarding the smallest minimum size in effect and how it is interpreted under  the Mitchell Provision as the minimum gauge size increases occur in 
LCMA 1 in 2025 and 2027.  
2.0 Background  
 Mitchell Provision  
The Mitchell Provision prohibits imports of whole live lobster smaller than the minimum 
possession size in effect at the time under the Commission’s American lobster management program in order to prevent imports of lobster smaller than those that can be legally harvested by the US industry. S igned into law in 1989 , it states “it is unlawful for any person to ship, 
transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live 
lobster of the species Homarus americanus, that is smaller than the minimum possession size in 
effect at the time under the American Lobster Fishery Management Plan, as implemented by regulations published in part 649 of title 50, Code of Federal Regulations, or any successor to that plan implemented under this title, or in the absence of any such plan, is smaller than the minimum possession size in effect at the time under a coastal fishery management plan for  
2 American lobster adopted by the Atlantic States Marine Fisheries Commission under the 
Atlantic  Coastal Fisheries Cooperative Management Act  (ACFCMA).”  
 In a final rule published December 6, 1999, NOAA Fisheries withdrew the approval for the 
federal American Lobster F MP because the majority of the lobster fishery takes place in state 
waters. The final rule transferred regulations for management of the lobster fishery under the MSA (50 CFR part 649) to the ACFCMA (50 CFR part 697). Therefore, the Mitchell Provision language means it is unlawful for any person to ship, transport, offer for sale, sell,  or purchase, 
in interstate or foreign commerce, any whole live lobster smaller than the minimum possession size in effect under the Commission’s FMP for American lobster.   
 The current LCMA 1 minimum gauge size of 3 ¼” is the smallest minimum gauge size in effect at this time ( February 2024 ). Therefore, when the LCMA 1 minimum gauge size increases to 3 
5/16” 
for January 1, 2025, the smallest minimum gauge size in effect will be 3 5/16”. On January 1, 
2027 the LCMA 1 minimum size will increase to 3 3/8”, consistent with all other LCMAs except 
LCMA 3; therefore,  the smallest minimum size in effect will be  3 3/8”. 
 
2.1.1  Enforcement Concerns  
The Law Enforcement Committee (LEC) has commented that if imports were allowed to be 
smaller than the minimum gauge size in effect in the US, it would create additional challenges for enforcement. In particular, it would open up opportunities for the illegal sale of US  caught 
lobster that are below the l egal minimum size  in the US . The LEC noted that enforcing the size 
differences when lobsters enter the United States  from Canada at the Border is not as much of 
a challenge; however, once the lobster arrive to a dealer in the US, they are usually comingled 
for sale, and it would be difficult to maintain separation of US and non- US origin lobster.  
3.0 Proposed Recommendatio n to NOAA Fisheries  
It is the intention of the Commission to recommend to NOAA Fisheries  that as changes to the 
minimum gauge size in LCMA 1 are required by Addendum XXVII, the smallest minimum size for foreign imports would match the smallest minimum size  in effect for the US industry. 
Therefore, t he scheduled 2025 and 2027 change s in the minimum gauge size for LCMA 1 would  
impact size restrictions for imported lobster. Imports of whole live lobster smaller than 3 
5/16” 
would be prohibited after January 1,  2025, and lobster smaller than 3 3/8” would be prohibited 
after January 1, 2027 . This is consistent with the Mitchell Provision of the MSA. This 
recommendation would be forward ed to NOAA Fisheries after approval of the draft addendum.  
4.0 References  
Atlantic States Marine Fisheries Commission (ASMFC). 1997. Amendment 3 to the Interstate 
Fishery Management Plan for American Lobster.  
ASMFC. 2020 . American Lobster Benchmark Stock Assessment and Peer Review Report .   
ASMFC. 2023 . Addendum XXVII t o Amendm ent 3 to the Interstate Fishery Management Plan for 
American Lobster.    
3 5.0 Tables and Figures  
 
Table 1. Existing LCMA specific management measures.   
Mgmt. 
Measure  Area 1  Area 2  Area 3  Area 4  Area 5  Area 6  OCC  
Min Gauge 
Size  3 1/4” 33/8” 3 17/32 ” 33/8” 33/8” 33/8” 33/8” 
Vent Rect.  115/16 x 
53/4” 2 x 53/4” 2 1/16  x 
53/4” 2 x 53/4” 2 x 53/4” 2 x 53/4” 2 x 53/4” 
Vent Cir.  2 7/16” 2 5/8” 2 11/16” 2 5/8” 2 5/8” 2 5/8” 2 5/8” 
V-notch  
requirement  Mandatory 
for all 
eggers  Mandatory 
for all legal 
size eggers  
  Mandatory 
for all 
eggers 
above 
42°30’ Mandatory 
for all eggers 
in federal 
waters. No V-
notch ing in 
state waters.  Mandatory 
for all 
eggers  None  None  
V-notch  
Definition1 
(possession)  Zero 
Tolerance  1/8” with or 
w/out setal 
hairs1  1/8” with or 
w/out setal 
hairs1 1/8” with or 
w/out setal 
hairs1 1/8” with 
or w/out 
setal hairs1 1/8” with 
or w/out 
setal 
hairs1 State 
Permitted 
fisherman in 
state waters 
1/4” without 
setal hairs      
Federal Permit 
holders 1/8” 
with or w/out 
setal hairs1 
Max. Gauge   
(male & 
female)  5” 5 ¼”  6 3/4” 5 ¼”  5 ¼”  5 ¼”  State Waters 
none  
Federal 
Waters  
6 3/4” 
Season 
Closure        April 30 -May 
312 February 
1-March 
313 Sept 8 - 
Nov 28  February 1 -
April 30  
  
4  
Figure 1. Lobster conservation management areas (LCMAs) in the American lobster fishery. LCMAs 1, 3, 
and OCC make of the majority of the GOM/GBK stock. The Area 3 V -Notch line is shown in red where v -
notching is required north of the 42 ⁰30’ line.