Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67667 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 697 

[Docket No. 230929–0224] 

RIN 0648–BF01 

Fisheries of the Northeastern United 

States; Atlantic Coastal Fisheries 

Cooperative Management Act 

Provisions; American Lobster Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: Based on the Atlantic States 

Marine Fisheries Commission’s 

recommendations, we are implementing 

aggregate ownership caps in Lobster 

Conservation Management Areas 2 and 

3, a maximum trap cap reduction in 

Area 3, and mandatory coastwide 

electronic harvester reporting for all 

federally permitted lobster vessels. The 

ownership caps and trap cap reduction 

measures are intended to reduce fishing 

exploitation and latent effort in the trap 

fishery by scaling the fishery to the size 

of the Southern New England lobster 

stock. The harvester reporting 

requirement is intended to improve the 

spatial resolution of harvester data, and 

improve and expand the collection of 

fishery effort data. This action is 

necessary to better manage the lobster 

fishery toward sustainability and to 

ensure fishery regulations for the lobster 

fishery in Federal waters remain 

compatible with the intent of the 

Commission’s Interstate Fishery 

Management Plan for American Lobster 

and consistent with the Atlantic Coastal 

Fisheries Cooperative Management Act. 

DATES: 

Effective dates: This rule is effective 

November 1, 2023; except for 

amendatory instructions 3(f) and 4 

(§ 697.4(q) and (§ 697.6(n)(1)(ii)(B)), 

which are effective April 1, 2024; and 

amendatory instruction 6 (§ 697.19(c) 

and (m)), which is effective May 1, 

2025. 

Comments due date: Written 

comments on this interim final rule 

must be received on or before December 

1, 2023. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2022–0032, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2022–0032’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personally 

identifiable information (e.g., name, 

address, etc.), confidential business 

information, or otherwise sensitive 

information submitted voluntarily by 

the sender will be publicly accessible. 

NMFS will accept anonymous 

comments (enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous). 

A copy of the environmental 

assessment, including the Regulatory 

Impact Review (RIR) and the Regulatory 

Flexibility Act (RFA) analyses is 

available online at: https://

www.fisheries.noaa.gov/action/ 

proposed-measures-federal-americanlobster-fishery. You may also request 

copies of the environmental assessment, 

including the Regulatory Impact Review 

(RIR) and the Regulatory Flexibility Act 

(RFA) analyses prepared for this action 

at: National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930–2276 or by calling (978) 281– 

9315. 

Copies of the Atlantic States Marine 

Fisheries Commission’s Addenda to the 

Interstate Fishery Management Plan for 

American Lobster are available at: 

https://asmfc.org/species/americanlobster under the heading Management 

Plans & FMP reviews. 

FOR FURTHER INFORMATION CONTACT: 

Allison Murphy, Fishery Policy Analyst, 

(978) 281–9122. 

SUPPLEMENTARY INFORMATION: 

Background 

Statutory Authority 

These regulations modify Federal 

lobster fishery management measures in 

the Exclusive Economic Zone (EEZ) 

under the authority of section 803(b) of 

the Atlantic Coastal Fisheries 

Cooperative Management Act (16 U.S.C. 

5101 et seq.). This authority states that, 

in the absence of an approved and 

implemented Fishery Management Plan 

under the Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.) and, after 

consultation with the appropriate 

fishery management council(s), the 

Secretary of Commerce may implement 

regulations to govern fishing in the EEZ, 

from 3 to 200 nautical miles offshore. 

The regulations must be: (1) Compatible 

with the effective implementation of an 

Interstate Fishery Management Plan 

developed by the Atlantic States Marine 

Fisheries Commission (hereafter 

Commission); and (2) consistent with 

the National Standards set forth in 

section 301 of the Magnuson-Stevens 

Act. 

Purpose and Need for Management 

The purpose of this action is to 

manage the American lobster fishery to 

maximize resource sustainability, 

recognizing that Federal management 

occurs in concert with state 

management, and thus, that 

compatibility between state and Federal 

measures is crucial to the overall 

success of American lobster 

management. To achieve this purpose, 

we are responding to state management 

measures to address poor stock 

conditions and persistent recruitment 

failure of the Southern New England 

(SNE) American lobster stock. We are 

also responding to efforts to improve the 

spatial resolution of harvester data, and 

improve and expand the collection of 

fishery effort data. A full description of 

the Commission’s recommendations and 

justification for measures, as well as 

NMFS’ rationale for measures ultimately 

proposed is included in the proposed 

rule (87 FR 41084, July 11, 2022) and is 

not repeated here. 

Approved Measures 

Area 2 Measures 

In Area 2, we are implementing an 

ownership cap that would restrict an 

entity to 800 Area 2 traps, effective on 

May 1, 2025, as proposed, regardless of 

the status of those traps (actively fished, 

inactive, and associated with a permit in 

confirmation of permit history, etc.). We 

are accepting additional comment on 

this measure, as discussed below. This 

action does not place a limit on the 

number of permits that can be owned. 

This measure complements the 

Commission’s Area 2 recommendations 

in Addendum XXI (see ADDRESSES), but 

does not include all of the specific Area 

2 measures as originally envisioned. 

The Commission intended Addendum 

XXI measures be implemented in 

conjunction with the 2016–2021 Area 2 

trap reductions, including trap 

‘banking.’ Trap banking was intended to 

be a tool for industry to obtain 

additional allocation in excess of the 

maximum trap cap, and in advance of 

the annual trap reductions to avoid 

engaging in annual trap transfers to 

mitigate the trap cuts. Given that the 


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annual 2016–2021 trap reductions are 

complete, the trap ‘banking’ provisions 

of Addendum XXI are no longer a 

necessary element of the Area 2 

management plan. This ownership cap 

of 800 Area 2 traps, effective on May 1, 

2025, incorporates elements of 

Addendum XXI within the current 

context of the fishery. 

TABLE 1—AREA 2 OWNERSHIP CAP

SUMMARY

Fishing year Ownership 

cap 

2023 (current limits) .................. n/a 

2025 .......................................... 800 

As discussed in greater detail in the 

proposed rule (87 FR 41084, July 11, 

2022), the Commission’s goals were to 

address latent effort and scale the 

fishery to the size of the lobster stock to 

allow for potential stock rebuilding, and 

to preserve the owner/operator nature of 

the fishery. Our analysis of 2019 permit 

and trap data indicated that the vast 

majority (85 percent) of Area 2 entities 

own a single permit, and thus have a 

trap allocation of 800 traps or fewer. 

Thus, as the vast majority of the fishery 

already complies with this requirement, 

few negative economic impacts are 

expected to result from this approved 

measure, though these entities would be 

prevented from building up their 

businesses beyond 800 traps in the 

future. 

Addendum XXI originally included a 

provision that would allow an entity 

owning two or more permits (i.e., 1,600 

(or more) traps) as of 2003 to retain their 

traps, but they would not be allowed to 

expand further by owning or sharing 

ownership of any additional traps. 

Consistent with this recommendation, 

entities who exceeded the 800-trap limit 

as of May 1, 2022, may retain their trap 

allocations, but cannot accrue 

ownership of additional traps. 

Based on 2019 permit data, 

approximately 15 percent of Area 2 

entities (5 entities) exceeded the 

approved ownership cap of 800 traps, 

due to owning outright, or having an 

ownership interest in, multiple Federal 

Area 2 permits. These five entities are 

a small portion of the fishery and 

demonstrate that substantial 

consolidation in the Area 2 fishery has 

not taken place. As this measure allows 

entities who exceeded the 800-trap limit 

as of May 1, 2022, to retain their trap 

allocations, few negative economic 

impacts are expected to result from this 

action, though these entities would be 

prevented from acquiring additional 

traps beyond their current allocations in 

the future. This allowance is entityspecific, and does not transfer with 

permits if they are sold to a new entity 

that did not have a trap higher limit on 

May 1, 2022. 

This action does not place limits on 

the number of permits that an Area 2 

entity may own. Entities would be free 

to own or purchase additional permits, 

provided that the total trap allocation 

across those permits does not exceed 

800 traps (or the entity-specific 

allocation for those entities who 

exceeded the 800-trap limit as of May 1, 

2022). Entities with multiple Federal 

Area 2 permits would be free to 

determine how to divide their trap 

allocation across multiple permits and 

would be free to adjust permit-specific 

trap allocations using the annual trap 

transfer program. 

During the proposed rule (87 FR 

41084, July 11, 2022) comment period, 

we received several comments that our 

management partners and industry need 

additional time to understand these 

measures, consider them in the current 

context of the fishery, and provide 

adequate comment. While we are 

approving these measures in this action, 

we are delaying implementation until 

May 1, 2025, while we accept additional 

public comments on these measures. 

Upon consideration of additional 

comments we receive, we will evaluate 

the Area 2 and 3 measures in this 

interim final rule, and, if necessary and 

appropriate, publish a subsequent rule 

to address any changes. 

Area 3 Measures 

This action implements two separate 

but related measures in Area 3. First, 

this action reduces the maximum 

number of traps that could be allocated 

to a permit in Area 3 (i.e., maximum 

trap cap) from 1,945 traps to 1,548 traps, 

over the course of three years, as 

outlined in Table 1. We will begin 

implementing the 3-year maximum trap 

cap reductions beginning on May 1, 

2025, and at the start of the following 

two fishing years. This maximum trap 

cap will be assessed on a per permit 

basis and may result in trap reductions 

if a permit’s trap allocation exceeds this 

limit in a given fishing year. A permit 

holder would be free to use the annual 

trap transfer program to adjust their 

vessels’ trap allocations during the 

maximum trap cap reductions. 

Based on 2019 permit data, 21 permits 

have trap allocations that exceed the 

first-year cap of 1,805 by a total of just 

over 1,000 traps. In the second year of 

the reduction to a maximum trap cap of 

1,629 traps, 37 permits have trap 

allocations that exceed the cap, by a 

total of just over 6,000 traps. By the final 

year of the reductions to a maximum 

trap cap of 1,548 traps, 43 permits 

would have trap allocations that exceed 

the cap, by just over 9,000 traps. Only 

the permits that are in excess of the 

maximum trap cap would be affected by 

this measure. We expect that some 

negative economic impacts may result 

from decreasing the maximum trap cap 

for permit holders that exceed the 

ultimate cap of 1,548 traps. We 

estimated that, at most, a corresponding 

loss of $600,000 (in 2019 dollars) in 

collective lost trap value and profit in 

the first year could be expected by these 

permit holders, as discussed in greater 

detail below. As discussed above, these 

vessel owners would be free to use the 

trap transfer program to either sell the 

right to fish with these excess traps to 

recoup some potential economic losses 

or, if they own multiple vessels, adjust 

their trap allocations across their fleet. 

Second, as of May 1, 2025, we will 

implement an aggregate ownership cap, 

at the entity level, which would 

continue to allow an entity to 

accumulate and own as many permits as 

it desired, but would cap the number of 

traps an entity could own across permits 

to the equivalent of five times the 

maximum trap cap. The aggregate 

ownership cap would be reduced over 

three years, in proportion to the 

maximum trap cap reduction, as 

summarized in Table 1. This action does 

not place a limit on the number of 

permits that can be owned; but limits 

the total aggregate number of traps that 

an entity may own across all permits. 

TABLE 2—AREA 3 MAXIMUM TRAP

CAP AND AGGREGATE OWNERSHIP

CAP REDUCTIONS

Fishing year Maximum 

trap cap 

Aggregate 

ownership 

cap 

2023 (current limits) ..................... 1,945 n/a 

2025 ...................... 1,805 9,025 

2026 ...................... 1,629 8,145 

2027 ...................... 1,548 7,740 

As discussed in greater detail in the 

proposed rule (87 FR 41084, July 11, 

2022), the Commission’s goals were to 

address latent effort and scale the 

fishery to the size of the lobster stock to 

allow for potential stock rebuilding, and 

to limit consolidation in the Area 3 

fishery. A review of 2019 Area 3 permit 

and trap allocations by entity reveals 

that a substantial level of consolidation 

has not occurred, as only two entities 

exceed the final aggregate ownership 

allocation of 7,740 traps. Entities below 

this limit as of May 1, 2022, would be 


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allowed to purchase permits or 

additional traps up to the aggregate 

ownership cap of 7,740 traps. For 

entities that exceeded the aggregate 

ownership cap as of May 1, 2022, their 

trap allocations will be capped at their 

aggregate level as of May 1, 2022, and 

will be prohibited from exceeding this 

level. Although these entities may 

maintain ownership of their total May 1, 

2022, trap allocations, each individual 

permit is still subject to the maximum 

trap cap, including the approved 3-year 

maximum trap cap reductions. In other 

words, the ownership cap is 

independent of the trap reductions. 

Even if an entity is able to retain an 

aggregate trap allocation above an 

ownership cap, the individual permits 

that comprise the overall allocation are 

still subject to the trap reduction. 

Therefore, an entity may have a 

reduction in overall traps through the 

reduced maximum trap cap of their 

individual permits, even if they would 

not be affected by the aggregate cap or 

reductions. 

As this measure would allow entities 

who exceeded the ownership cap as of 

May 1, 2022, to retain their trap 

allocations, few negative economic 

impacts are expected to result solely 

from this ownership cap, though these 

entities would be prevented from 

expanding their businesses beyond their 

current allocations in the future. As 

discussed above, the implementation of 

the maximum trap caps may result in 

some traps being retired from these 

entities; however, they would be free to 

use the trap transfer program to either 

sell traps to recoup some potential 

economic losses or, if they own multiple 

vessels, adjust their trap allocations 

across their fleet. 

Given that the annual 2016–2020 trap 

reductions are complete, as with Area 2, 

the individual permit cap or trap 

‘banking’ provisions of Addendum XXII 

(see ADDRESSES) are no longer a 

necessary element of the Area 3 

management plan. Further, because of 

other Area 3 measures that will limit the 

number of total traps an entity can own, 

a limit on the number of permits is no 

longer necessary. 

This action does not place limits on 

the number of permits that an Area 3 

entity may own. Entities would be free 

to own or purchase additional permits, 

provided that the total trap allocation 

across those permits does not exceed the 

ownership cap in any given year (and 

final ownership cap of 7,740 traps), and 

each individual vessel’s trap allocation 

does not exceed the maximum trap cap 

in any given year (and final maximum 

trap cap of 1,548 traps). Entities with 

multiple Federal Area 3 permits would 

be free to determine how to divide their 

total trap allocation across multiple 

permits and would be free to adjust 

permit-specific trap allocations using 

the annual trap transfer program. 

During the proposed rule comment 

period, we received several comments 

that our management partners and 

industry need additional time to 

understand these measures, consider 

them in the current context of the 

fishery, and provide adequate comment. 

While we are proceeding with 

implementation of these measures as 

proposed on May 1, 2025, we are 

accepting comment for an additional 60 

days through this interim final rule. 

Upon consideration of additional 

comments, we will publish a 

subsequent rule if changes to these 

measures are determined to be 

necessary and appropriate. If we make 

no changes to these measures, we will 

ensure adequate and appropriate 

notification of such is provided to the 

fishing industry in advance of the May 

1, 2025, effective date. 

Mandatory Reporting 

We are implementing mandatory 

electronic harvester reporting 

requirements for all Federal lobster 

permit holders and adding the 

collection of several additional data 

elements in the electronic form, within 

48 hours following the completion of a 

trip, beginning April 1, 2024. The 

submission of electronic vessel trip 

reports (eVTR) is being required that 

align the reporting requirements for 

Federal lobster permit holders with the 

existing reporting requirements for all 

other fisheries permitted by Greater 

Atlantic Regional Fisheries Office 

(GARFO). 

This rule also implements the 

collection of several additional data 

elements in the electronic form and 

includes some changes from the 

proposed rule. In addition to the 

existing reporting elements of the 

Federal eVTR, Addendum XXVI (see 

ADDRESSES) recommended that we 

collect information on: Lobster 

Management Area fished; 10-minute 

square fished; number of traps hauled; 

trip length; and total number of buoy 

lines in the water. As states and NMFS 

moved to consider modifying databases 

to accommodate the collection of these 

elements, the Commission convened a 

Data Working Group during 2020 

consisting of state and Federal partners, 

Atlantic Coastal Cooperative Statistics 

Program (ACCSP) staff, and the 

Commission’s lobster policy staff. The 

Working Group provided guidance for 

how jurisdictions should collect these 

data, which resulted in a March 8, 2021, 

letter recommending the collection of 

additional data elements, including: 

Total number of traps hauled by chart 

area; total number of traps in the water 

in each chart area fished; average 

number of traps per string hauled in 

each chart area fished; total number of 

buoy lines in each chart area fished; and 

total number of buoy lines in the water. 

While we proposed all new data 

elements, as recommended, we 

requested comment on the redundancy 

of several new data elements. First, we 

requested comment on the utility of 

several of these new data elements, as 

we are able to derive the lobster 

management area, 10-minute square 

fished, and trip length from fields that 

are already on the VTR. Ultimately, we 

are approving data elements that are 

new. All of these are: Total number of 

traps hauled by chart area, number of 

traps in chart area fished, average 

number of traps per string hauled in the 

chart area fished, number of buoy lines 

in the chart area fished, and total 

number of buoy lines in the water. To 

alleviate the reporting burden to 

industry, we are not implementing or 

requiring redundant fields (the lobster 

management area, 10-minute square 

fished, and trip length) in the Federal 

eVTR. However, to remain consistent 

with the data that states are providing 

to the ACCSP data warehouse from 

state-level reporting requirements, we 

intend to derive these data elements 

from data collected and provide derived 

data to the ACCSP data warehouse. 

While other elements of this rule are 

set to become effective at the start of the 

2025 fishing year, this rule implements 

mandatory harvester reporting 

requirements earlier, on April 1, 2024. 

We recognize that mandating the 

collection of this data as soon as 

possible is essential to improve the 

science and management of the lobster 

fishery, to understand the co-occurrence 

of the fishery with protected species, 

and to support our ability to determine 

impacts from other marine activities. 

Further, as discussed in greater detail in 

the comments and responses below, 

most comment letters supported 

proceeding with mandatory harvester 

requirements on an accelerated 

timeframe from the Area 2 and 3 

requirements. Based on the need for the 

data and general support for this 

approach, Federal eVTRs will become 

required for all Federal American 

lobster permit holders beginning on 

April 1, 2024. 

Benefits, Costs and Other Economic 

Impacts 

Overall economic impacts, as 

summarized in the accompanying 


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environmental assessment and presented in Table 2, are difficult to 

quantify but expected to be minimal. 

TABLE 3—SUMMARY OF ANTICIPATED ECONOMIC IMPACTS

Measure 

Number 

of permits 

affected 

Cost Benefits 

Area 2 Ownership Cap .. ∼200 Minimal, as codifies existing fishery, restricts future ability to increase capacity.Minimal, provides sustained fishery participation, 

mirrors state requirements to avoid confusion. 

Area 3 Ownership Cap .. ∼130 Minimal, as codifies existing fishery, restricts future ability to increase capacity.Minimal, provides sustained fishery participation, 

mirrors state requirements to avoid confusion. 

Area 3 Maximum Trap 

Cap Reduction.

43 ∼$600,000 in lost trap value and profit loss (in 

first year).

Minimal, potential to help rebuild SNE lobster 

stock. 

Mandatory Harvester 

Reporting.

∼3,000 Minimal, requires device and free reporting application. Monetized cost approximately 

$156,000/year (2019$).

Improved spatial resolution of fishery data would 

aid lobster management, understanding overlap with protected species. 

Ownership caps in Areas 2 and 3 are 

expected to have minimal impacts, as 

these measures capture the Area 2 and 

3 fisheries as they are prosecuted today 

in perpetuity. As entities that exceed 

these ownership caps will be capped at 

their aggregate level as of May 1, 2022, 

and will be prohibited from exceeding 

this level in the future, no entity will 

lose traps as a result of this measure, 

and thus will not incur an economic 

loss. These caps would restrict entities 

that are at or above the caps from 

continuing to build up their businesses. 

Positive impacts can be expected to the 

larger fishing community, as such an 

action supports National Standard 8 of 

the Magnuson-Stevens Fishery 

Conservation and Management Act, by 

providing sustained fishery 

participation at current levels for 

communities engaged in the Area 2 and 

3 fisheries. In addition, implementation 

of Federal regulations that are mirrored 

at the state level would avoid 

administrative and regulatory 

disconnects that could have occurred if 

the states and the Federal government 

made disparate allocative decisions on a 

single entity. Such a situation would 

cause confusion for harvesters and 

enforcement, resulting in an ineffective 

management program, and avoidance of 

this situation creates a cost savings. 

Additional discussion of the costs and 

benefits can be found in sections 6 and 

8.14 of the environmental assessment. 

As discussed in greater detail in 

Section 7.2.2.2 of the environmental 

assessment accompanying this action, 

Area 3 maximum trap cap reductions 

may, at most, result in approximately 

10,000 traps being retired from 43 

permit holders whose trap allocation 

exceeds the year 3 maximum trap cap of 

1,548 traps. We estimated that, at most, 

a corresponding loss of $600,000 (in 

2019 dollars) in collective lost trap 

value (based on the 2019 value of traps 

on the trap transfer market) and profit 

in the first year could be expected by 

these permit holders. However, these 

permit holders would be free to use the 

trap transfer program to either sell traps 

to recoup some potential economic 

losses or, if they own multiple vessels, 

adjust their trap allocations across their 

fleet. In addition, implementation of 

Federal regulations that are mirrored at 

the state level would avoid 

administrative and regulatory 

disconnects that could have occurred if 

the states and the Federal government 

made disparate allocative decisions on a 

single entity. Such a situation would 

cause confusion for harvesters and 

enforcement, resulting in an ineffective 

management program, and avoidance of 

this situation creates a cost savings. 

Further, any traps retired from the Area 

3 fishery may reduce fishing pressure 

and aid in rebuilding on the SNE stock, 

leading to increased future catch by 

Area 3 permit holders. Additional 

discussion of the costs and benefits can 

be found in sections 6 and 8.14 of the 

environmental assessment. 

As discussed in greater detail below 

in Classification, mandatory electronic 

harvester reporting is expected to apply 

to all 2,291 Federal American lobster 

permits, 2,025 entities, and 1,683 small 

entities. It is also expected to have a 

minimal cost with associated benefits. 

Devices used to complete and submit 

reports (smartphones, tablets, etc.) are 

nearly universally used and reporting 

applications for these devices are 

available free of charge. Improved 

spatial resolution of fishery data would 

result in a better understanding of 

where fishing activity occurs, which 

would aid lobster management and 

assist with understanding the overlap 

between the fishery and protected 

species. It would also bring consistency 

with requirements for other permits, 

thus minimizing potential confusion 

about applicable requirements. 

Additional discussion of the costs and 

benefits can be found in sections 6 and 

8.14 of the environmental assessment. 

Further, half (approximately 1,500) of 

all Federal lobster permit holders (see 

section 6.1.5 of the environmental 

assessment) are presently required to 

report to NMFS due to holding permits 

in other fisheries with mandatory 

reporting requirements. The remainder 

of Federal lobster permit holders 

(approximately 1,400) must, at this time, 

report to their state. Therefore, this 

action transitions Federal permit 

holders who currently report to their 

state to reporting to NMFS. 

Corrections 

This rule also makes several 

regulatory corrections. We are removing 

regulations that are no longer necessary 

because they were time-limited and 

outdated or have been updated by this 

action, including: 

• Area 1 participation requirements at 

§ 697.4(a)(7)(vi); 

• Outer Cape Area participation 

requirements at § 697.4(a)(7)(vii); 

• Area 2 participation requirements at 

§ 697.4(a)(7)(viii); 

• Outdated lobster size restrictions at 

§ 697.20(a)(5) and (6); and 

• Outdated gear marking 

requirements at § 697.21(a)(1). 

In addition, we are correcting several 

regulations, including: 

• Updating the Greater Atlantic 

Regional Fisheries Office name and 

address in several locations; 

• Correcting management area 

coordinates at § 697.18 and § 697.23; 

and 

• Trap transferability requirements at 

§ 697.27(a)(1)(vi), allowing traps to be 

transferred in any increment. 

Comments and Responses 

We published a proposed rule in the 

Federal Register on July 11, 2022 (87 FR 

41084), soliciting public comment. The 

comment period ended on August 10, 


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2022. We received comments from 10 

different groups: Atlantic States Marine 

Fisheries Commission; the Maine 

Department of Marine Resources; the 

Massachusetts Lobstermen’s 

Association; the Atlantic Offshore 

Lobstermen’s Association; three 

members of the fishing industry; two 

members of the public; and a group of 

environmental organizations. Only 

comments that were applicable to the 

proposed measures are addressed 

below. 

General Comments 

Comment 1: One member of the 

public supported the proposed rule, 

indicating that more regulation and data 

collection will increase sustainability. 

The commenter also cited the continued 

need for regulations to improve the 

condition of the critically endangered 

North Atlantic right whale. 

Response: We agree that this action 

will improve management of the lobster 

fishery. The measures being 

implemented in Areas 2 and 3 are 

designed to respond to the poor 

condition of the Southern New England 

lobster stock. They are intended to 

reduce fishing exploitation and latent 

effort in the trap fishery by scaling the 

fishery to the smaller size of the 

Southern New England lobster stock. 

Data resulting from mandatory harvester 

reporting through eVTRs will be critical 

to future evaluation of lobster stock 

condition and utilization, and fishery 

effort. These fishery effort data will be 

an invaluable part of understanding the 

overlap between the lobster fishery and 

the occurrence of all protected species, 

including the North Atlantic right 

whale, as well as understanding impacts 

from other marine activities. 

Area 2 and 3 Measures 

Comment 2: The Atlantic States 

Marine Fisheries Commission, the 

Atlantic Offshore Lobstermen’s 

Association, and two individuals 

requested that we extend the comment 

period on the Area 2 and 3 measures, to 

allow industry, industry representatives, 

and management partners additional 

time to understand the proposed 

measures. The Commission, 

Association, and one individual noted 

that nearly 10 years have passed since 

the Commission finalized these 

measures, during which additional 

consolidation and other management 

measures (e.g., implementation of the 

Interstate Fishery Management Plan for 

Jonah crab and measures to protect 

North Atlantic right whales) have 

resulted in fundamental fishery 

changes. The Commission and 

Association also noted several points of 

confusion and requested clarification. 

One individual also suggested that any 

proposed trap cap, trap reduction, and 

ownership cap measures that were 

proposed for implementation in 2023 be 

delayed until 2024, giving industry time 

to optimize their trap allocations using 

the trap transfer program during the 

2023 application period. 

Response: We agree that additional 

time for the industry and our 

management partners to understand the 

Area 2 and 3 measures is warranted. 

Through this interim final rule, we will 

solicit additional public comment for 60 

days to provide more time for industry 

and our management partners to 

comment further upon these measures. 

As a result, we are also delaying 

implementation of the Area 2 and 3 

ownership caps and Area 3 maximum 

trap cap reductions until 2025. Upon 

consideration of additional comments, 

we will publish a subsequent rule if 

changes to these measures are 

determined to be necessary and 

appropriate. We appreciate the feedback 

on areas of confusion in the proposed 

rule, and have provided clarifications in 

the preamble of this interim final rule. 

Comment 3: A group of conservation 

organizations, including the 

Conservation Law Foundation, Center 

for Biological Diversity, Defenders of 

Wildlife, and Whale and Dolphin 

Conservation, commented in support of 

the Area 2 and 3 measures as proposed, 

as a means to reduce vertical lines used 

by the fishery. The organizations 

acknowledged that we may receive 

requests to take additional comments, 

and requested we use the additional 

time to ensure that unfished traps are 

not activated, resulting in additional 

vertical lines being deployed by the 

fishery. 

Response: Although we believe that 

the rule will have ancillary benefits to 

marine mammals, the purpose of this 

action is to improve the sustainable 

management of lobster and complement 

the Commission’s Interstate Fishery 

Management Plan for American Lobster 

to ensure compatibility between state 

and federal regulations. As such, the 

comments are beyond the scope of this 

rulemaking. We note, however, that 

NMFS, in other actions, has and/or is in 

the process of implementing regulatory 

measures to protect marine mammals 

(see, e.g., the Atlantic Large Whale Take 

Reduction Plan Phase 1 action, 86 FR 

51970, September 17, 2021; Proposed 

Vessel Speed Rule, 87 FR 46921, August 

1, 2022; and Notice of Intent to Prepare 

Environmental Impact Statement for 

Phase 2 and 3 actions, 87 FR 55405, 

September 9, 2022). All of these actions, 

including the present action, will 

reduce mortalities and serious injuries 

from Northeast lobster/Jonah crab pots 

and traps to North Atlantic right whales. 

Comment 4: The Massachusetts 

Lobstermen’s Association supported an 

ownership cap of 800 traps to promote 

support of an owner/operator fishery. 

The Association opposed any additional 

trap cuts, or regulating the number of 

permits that could be owned, as owning 

additional permits has been used to 

weather past trap cuts by effectively 

‘banking’ traps. The Association further 

requested that the 10-percent 

conservation tax associated with the 

trap transfer program be rescinded, as 

the Area 2 fishery has already reduced 

the number of traps permitted in the 

area by approximately 50 percent. 

Response: We agree, and are 

approving the Area 2 ownership cap of 

800 traps per entity for most Area 2 

entities. While we are allowing any 

entity that exceeded the 800-trap limit 

as of May 1, 2022, to retain their trap 

allocations, these entities are prohibited 

from owning any additional traps 

beginning on May 1, 2025. We agree that 

this measure, along with prohibiting all 

entities under the 800-trap limit to not 

exceed an allocation of 800 traps in the 

future will work to preserve the owner/ 

operator nature of the Area 2 fishery. 

This action did not propose, and does 

not include, any restrictions on the 

number of permits that can be owned. 

When considering the Commission’s 

recommendation and developing these 

measures, we reviewed Area 2 permit 

data and were aware that some entities 

owned multiple permits, often 

transferring the trap allocation from a 

secondary permit to mitigate the 2016– 

2021 traps cuts and retain a full 

allocation of 800 traps. Thus, this action 

only regulates the number of traps that 

can be owned per entity. Entities can 

determine how best to split traps across 

their permits to maximize their business 

operations. Further, these Area 2 

measures will not result in NMFS 

assessing any additional trap reductions 

on Area 2 entities. Due to the 2016–2021 

trap reductions, the vast majority of 

Area 2 entities hold 800 traps or fewer 

and, thus, are at or under the limits 

approved in this action. The 

Commission recommended that we 

allow entities that exceeded the 800-trap 

limit to maintain their trap allocations, 

but prevent these entities from 

ownership in additional traps. Thus, 

this action allows any entity that 

exceeded the 800-trap limit as of May 1, 

2022, to retain their trap allocation as of 

May 1, 2022, but prevents these entities 

from owning additional traps. Together, 

these measures codify the Area 2 

fishery, as it exists in 2022, and will not 


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make any further changes or reduce 

Area 2 allocations. 

Finally, a change such as the removal 

of the trap transfer conservation tax, 

without concurrent implementation by 

the states, would create a misalignment 

in our trap transfer programs and would 

result in inconsistent individual vessel 

trap allocations. As we have stated in 

past actions, particularly our Final Rule 

(79 FR 19026, April 7, 2014) 

implementing our Trap Transfer 

Program, incongruent state and federal 

management has the potential to 

undermine effective lobster 

management. Thus, this action includes 

no changes to the trap transfer 

conservation tax. 

Comment 5: One commenter opposed 

the Area 3 maximum trap cap 

reductions, and instead, suggested using 

enhanced enforcement of V-Notch 

requirements, or possibly 

implementation of Zero Tolerance VNotch to achieve management and 

conservation objectives. The commenter 

stated: 

1. The measures were developed 

following the 2009 stock assessment, 

and are no longer based on the best 

available science; 

2. The Area 3 fishery has already 

undergone a near 25-percent trap 

reduction; 

3. The proposed measures, coupled 

with regulations to protect the North 

Atlantic right whale requiring longer 

trap trawls, will create inefficiencies for 

industry, including their ability to 

locate lobster, and will increase the 

fishery’s carbon footprint; and 

4. These measures run counter to 

National Standards 5 and 7. 

Response: We disagree. First, while 

the commenter is correct that these 

measures were developed in response to 

the 2009 American lobster stock 

assessment, they are still based on the 

full suite of best available scientific 

information. Subsequent 2015 and 2020 

stock assessments have yielded similar 

results to the 2009 assessment, 

indicating that the stock remains in 

recruitment failure and at record low 

levels of abundance. Despite these 

measures being developed in 2013 

following the 2009 assessment; the 

Commission, including numerous 

members of the lobster fishery, recently 

affirmed their support of the measures 

to appropriately scale the fishery to the 

Southern New England lobster stock. 

Further, the data used in developing the 

environmental assessment and 

supporting analyses drew on more 

recent data on lobsters and other 

managed species, habitat, protected 

species, and economics of the fishery, 

including the most recent permit data 

available. Thus, this action is consistent 

with National Standard 2 in using the 

best scientific information available, 

including the information used to 

develop these measures and information 

used in the impacts analyses and 

environmental assessment. 

The commenter is correct that we 

implemented a 5-year, 5-percent trap 

reduction, assessed at the permit level, 

from 2016 to 2020, complementing 

measures in Addendum XVIII. The 

Lobster Board developed Addendum 

XXI shortly after the approval of 

Addendum XVIII and intended for 

concurrent implementation, such that 

Area 3 allocations and the maximum 

trap cap would be reduced in tandem. 

Ultimately, Federal implementation of 

these measures did not proceed as 

originally conceived. As discussed in 

greater detail in the response to 

Comment 6, our outreach materials for 

the annual trap transfer program 

notified industry that future regulations 

may impact trap allocations, and to 

proceed at their own risk. Any permit 

holders who chose to rebuild their 

allocations made short-term business 

decisions, and were advised of the risks. 

Thus, these permit holders may have 

experienced unexpected benefits, but 

this does not change our obligation 

under the Atlantic Coastal Fisheries 

Cooperative Management Act to 

complement the measures 

recommended by the Commission. 

We recognize that the management 

landscape has changed in the 10 years 

since the Commission approved 

Addendum XXI, including several 

NMFS actions to promote the recovery 

of North Atlantic right whales. As 

discussed in the above comment 

response, we are delaying 

implementation of the Area 2 and 3 

measures approved in this interim final 

rule and accepting additional comment 

on these measures. This will give 

industry, partner states, and the 

Commission additional time to 

understand and formulate comments 

and recommendations on these 

measures, in light of recent changes to 

the fishery. 

We disagree that the proposed 

measures do not comply with National 

Standards 5 and 7. The proposed 

measures were developed by the 

Commission with a goal of scaling the 

fishery to the smaller size of the 

Southern New England lobster stock in 

light of the most recent stock assessment 

information. Ownership caps and the 

maximum trap cap reductions, in 

conjunction with the existing trap 

transfer program, promote efficiency by 

allowing participants to regulate their 

trap allocation or even exit the fishery 

based on their situation and the 

economics within the Area-specific 

fishery. Thus, we are promoting 

efficiencies in the Area 3 fishery, 

consistent with National Standard 5, 

while meeting necessary conservation 

objectives for the Southern New 

England lobster stock. In addition, these 

measures are intended to ensure state 

and Federal regulations are compatible, 

minimize confusion by industry 

participants, enhance compliance, and 

avoid duplication. The Commission has 

mandated that the states implement 

these measures and has similarly 

requested that NMFS do the same. 

Compatible measures and coordinated 

management of the ownership caps also 

reduces administrative costs to agencies 

and industry participants, clarify and 

standardize application procedures, and 

more effectively quantifies trap fishing 

effort in the future. Thus, we are 

minimizing costs and avoiding 

unnecessary duplication. Failure to 

complement these recommended 

measures and unilaterally implement 

alternative measures would be 

inappropriate and not consistent with 

our authority under section 803(b) of the 

Atlantic Coastal Fisheries Cooperative 

Management Act (16 U.S.C. 5101 et 

seq.). 

Comment 6: One commenter argued 

against the proposed Area 3 maximum 

trap cap reductions, stating that the 

larger problem is gear fished in excess 

of the current 1,945-trap limit. The letter 

indicated that 1,548 traps would not be 

sufficient for permit holders to make a 

living and plan for the future. 

Response: In general, fishery 

regulations exist to ensure sustainable 

fish populations and protect endangered 

species and habitat, and to ensure that 

resources are available for future 

generations to enjoy. We agree with the 

commenter that illegal fishing and 

willful violation of fishery management 

regulations threaten the sustainability of 

fisheries and put those who comply 

with the rules at a disadvantage. 

NOAA’s Office of Law Enforcement, as 

well as the enforcement offices of our 

state partners, work to ensure 

compliance with these various 

regulations. NMFS recently acquired a 

remotely operated vehicle (ROV) to aid 

in enforcement efforts for the lobster 

fishery. This ROV better enables 

enforcement to ensure compliance with 

trap limits and tagging requirements, as 

well as measures to ensure the 

conservation of protected species. 


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The Area 3 trap measures are 

intended to scale the fishery in light of 

the Southern New England lobster stock 

population. Our analysis indicated that 

approximately 40 Area 3 permit holders 

would be affected by the proposed 

maximum trap cap reductions, with a 

potential to affect approximately 9,000 

traps. We acknowledge that this could 

result in some negative socio-economic 

impacts to these permit holders. 

However, these negative impacts may be 

mitigated by participating in the annual 

trap transfer program. At worst, a permit 

holder could recoup some of their 

potential losses. At best, permit holders 

with multiple vessels/permits would 

have the opportunity to reconfigure 

their trap allocations across their fleet. 

As summarized in other response to 

comments and in the preamble of this 

rule, we acknowledge that these 

measures were recommended by the 

Commission 10 years ago, and much 

about the fishery and fishery 

management landscape has changed in 

the intervening years. Nevertheless, the 

Commission, which includes members 

of industry, supported this rulemaking 

and the proposed measures, but 

requested more time to consider the 

Area 2 and 3 measures in the current 

context of the fishery. As a result of 

public comments received, we are 

approving these measures and delaying 

implementation for 1 year to accept 

additional public comment and give 

industry time to better understand these 

measures and provide more input. 

Comment 7: One commenter inquired 

what would happen to traps purchased 

in recent years through the annual trap 

transfer program. The commenter 

questioned our perceived incentivizing 

of business growth through the trap 

transfer program, only to later take away 

traps purchased. 

Response: As discussed in the above 

comment response, our analysis 

indicates that approximately 40 permit 

holders would lose a total of 9,000 traps 

with the implementation of the 

maximum trap cap reductions. Some of 

these traps were likely acquired through 

the trap transfer program. Regardless of 

their origin, traps over the proposed 3- 

year maximum trap cap reduction 

schedule will be retired, unless permit 

holders engage in the trap transfer 

program to either sell traps or realign 

their trap allocations across multiple 

permits. 

Since the inception of the trap 

transfer program, our outreach materials 

and trap transfer application notified 

permit holders to proceed with caution 

when participating in the program. 

Since we began rulemaking on these 

addenda in the late 2010s, we have 

specifically stated in these materials 

that we were undertaking rulemaking 

that could affect future trap allocations, 

and to proceed with transfers at their 

own risk. Thus, industry has been 

frequently cautioned about the 

implications of their individual 

business decisions. We also note, as we 

stated in the response to Comment 6, 

that the lobster management under the 

Commission is a bottoms-up approach 

where regulations are recommended to 

the states and Federal Government by 

the Commission, which is an entity 

comprised of a multitude of 

stakeholders, including members of the 

fishing industry. The Commission 

recommended this measure and 

supported it in its recent commentary. 

Comment 8: One commenter 

supported only permitting subsistence 

fishing as a way to support the recovery 

of the Southern New England lobster 

stock. 

Response: We work in partnership 

with regional fishery management 

councils and commissions to manage 

our nation’s Federal fisheries. Through 

this process, we have implemented 

subsistence, tribal, and non-commercial 

fishing opportunities throughout the 

nation. More information on these 

opportunities can be found at: https://

www.fisheries.noaa.gov/topic/resourcesfishing/subsistence-fishing. 

Subsistence fishing is not within the 

purpose and need of this action and has 

not, to date, been incorporated into the 

Commission’s Interstate Fishery 

Management Plan for American Lobster. 

Thus, it would be inappropriate for us 

to implement such a measure as it 

would be a radical departure from the 

Lobster Plan and create incompatible 

state and federal regulations. The 

ownership and trap cap measures 

approved in this rule were developed to 

scale the fishery to the Southern New 

England lobster stock, and are expected 

to sufficiently meet this conservation 

objective, while still providing permit 

holders flexibility and ways to mitigate 

these reductions. Eliminating all fishing 

for this stock, with the exception of 

subsistence fishing, would not be 

consistent with the goals and objectives 

of the Fishery Management Plan. 

Harvester Reporting 

Comment 9: The Atlantic State 

Marine Fisheries Commission, Maine 

Department of Marine Resources, the 

Atlantic Offshore Lobstermen’s 

Association, and a group of 

conservation organizations, including 

the Conservation Law Foundation, 

Center for Biological Diversity, 

Defenders of Wildlife, and Whale and 

Dolphin Conservation, supported the 

proposed harvester reporting measures 

with a January 1, 2023, implementation 

date. The Commission, Department, and 

Association supported the derivation of 

redundant data. While the Department 

and Association noted potential data 

limitations associated with the reporting 

of a single point for reported fishing 

location on the Federal eVTR, they 

indicated that a future ‘vessel tracking’ 

program may fill this gap. The 

Department and Commission noted that 

a successful transition to reporting must 

include a comprehensive outreach plan 

to inform permit holders of these new 

requirements. The conservation 

organizations supported the collection 

of additional fishing location and depth 

information. 

Response: We appreciate the support 

for Federal eVTRs, including 

minimizing reporting redundancy. We 

agree that additional reporting 

requirements approved and 

recommended by the Commission for 

state and Federal implementation (i.e., 

the vessel tracking program) will allow 

for a finer-scale understanding of effort 

in the lobster fishery, including location 

and depth information. The 

Commission’s vessel tracking 

recommendation will be considered in a 

subsequent rulemaking. 

With regard to the implementation 

date, we understand the urgent need to 

begin collecting these data as quickly as 

possible. However, we must balance 

that need against the industry’s ability 

to comply with new requirements. 

Thus, we intend to implement this 

requirement on April 1, 2024, which 

will provide industry with the 

opportunity to understand the 

requirements and options, receive any 

necessary training, obtain any 

technology, acquire a free reporting 

application, and begin to report. 

Comment 9: The Massachusetts 

Lobstermen’s Association opposed the 

proposed mandatory harvester reporting 

requirements using the Federal eVTR, 

noting the recent burden on industry in 

complying with recent regulations 

aimed at protecting the critically 

endangered North Atlantic right whale. 

Response: As discussed in section 

7.2.3.2 of the environmental assessment, 

we understand the regulatory burden on 

the lobster industry to comply with a 

host of new regulations; however, we 

disagree that this will place a significant 

new burden on the industry. Data 

presented in our environmental 

assessment indicated that of the 

approximate 900 Federal lobster permit 

holders who reside in Massachusetts, 

over 500 permit holders are already 

required to submit Federal trip reports 

because they hold Federal permits for 


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other species. Over 200 of these 900 

permits are in confirmation of permit 

history and would not be required to 

submit reports due to their permit 

status. The remaining approximately 

150 permits would be newly required to 

submit Federal eVTRs; however, as the 

Commonwealth has required harvester 

reporting for its state lobster permit 

holders for many years, we view this as 

a transition of reporting and not a 

wholly new requirement. Further, as 

discussed in the environmental 

assessment, because electronic reporting 

applications are free and run on 

electronic devices that are ubiquitous, 

minimal out-of-pocket costs are 

expected to result from this 

requirement. 

In addition, we intend to give 

industry sufficient time to comply with 

this harvester reporting requirement. We 

intend to implement this requirement 

on April 1, 2024, which will provide 

industry with the opportunity to 

understand the requirements and 

options, receive any necessary training, 

obtain any technology, acquire a free 

reporting application, and begin to 

report. 

Changes From the Proposed Rule 

We are implementing the mandatory 

harvester reporting requirements, Area 2 

cap measures, and corrections as 

proposed. Based on comments 

requesting additional time to consider 

the Area 2 and 3 proposed measures, we 

are approving the Area 3 measures 

largely as proposed, but with a 1-year 

delay. Upon consideration of additional 

comments, we will publish a 

subsequent rule if changes to these 

measures are determined to be 

necessary and appropriate. If we make 

no changes to these measures, we will 

ensure adequate and appropriate 

notification of such is provided to the 

fishing industry in advance of the May 

1, 2025, effective date. 

Classification 

The NMFS Assistant Administrator 

has determined that this final rule is 

consistent with the Atlantic Coastal 

Fisheries Cooperative Management Act, 

applicable provisions of the MagnusonStevens Fishery Conservation and 

Management Act, and other applicable 

law. 

This final rule has been determined to 

be significant for purposes of Executive 

Order 12866. 

A final regulatory flexibility analysis 

(FRFA) was prepared. The FRFA 

incorporates the initial regulatory 

flexibility analysis (IRFA), a summary of 

the significant issues raised by the 

public comments in response to the 

IRFA, and NMFS responses to those 

comments, and a summary of the 

analyses completed to support the 

action. A copy of this analysis is 

available from NMFS (see ADDRESSES). 

A Statement of the Need for, and 

Objectives, of the Rule 

This is provided in the preamble to 

this rule and the proposed rule (87 FR 

41084, July 11, 2022) and not repeated 

here. 

A Summary of the Significant Issues 

Raised by the Public in Response to the 

IRFA, a Summary of the Agency’s 

Assessment of Such Issues, and a 

Statement of Any Changes Made in the 

Final Rule as a Result of Such 

Comments 

No public comments were received 

pertaining directly to the economic 

effects of this rule. Comments 2, 5 and 

6 (see Comments and Responses) raised 

the need for additional time to 

understand the economic impacts of 

this action, citing that the impacts of 

this action plus recent actions regulating 

the lobster fishery will change the 

economics of the fishery. No specific 

data or dollar value estimates were 

provided. Responses to the comments 

are provided above. 

The response of the agency to any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration in response to the 

proposed rule, and a detailed statement 

of any change made to the proposed 

rule in the final rule as a result of the 

comments. 

NMFS received no comments on the 

proposed rule for this action from the 

Chief Counsel for Advocacy of the Small 

Business Administration; therefore, no 

changes were made in this final rule as 

a result. 

Description and Estimate of the Number 

of Small Entities to Which the Rule 

Would Apply 

As of June 1, 2021, NMFS had issued 

2,291 Federal American lobster permits 

that are potentially regulated by this 

action. The Area 2-preferred alternative 

would apply to 131 Federal permits, 

and the Area 3-preferred alternatives 

would apply to 82 Federal permits. The 

reporting requirements preferred 

alternative would apply to all 2,291 

Federal American lobster permits, 

though many of these permit holders are 

already subject to electronic trip 

reporting based on other species permits 

they hold that require eVTRs. 

Each vessel may be individually 

owned or part of a larger corporate 

ownership structure and, for RFA 

purposes, it is the ownership entity that 

is ultimately regulated by this action. 

Ownership entities are identified on 

June 1st of each year based on the list 

of all permit numbers, for the most 

recent complete calendar year, that have 

applied for any type of Greater Atlantic 

Region Federal fishing permit. The 

current ownership data set is based on 

calendar year 2020 permits and contains 

gross sales associated with those 

permits for calendar years 2018 through 

2020. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. The Small 

Business Administration (SBA) has 

established size standards for all other 

major industry sectors in the U.S., 

including for-hire fishing (NAICS code 

487210). These entities are classified as 

small businesses if combined annual 

receipts are not in excess of $8.0 million 

for all its affiliated operations. Similar 

to permit data, the annual average of the 

three most recent years (2018–2020) is 

used in determining annual receipts for 

fishing and for-hire businesses. 

Ownership data collected from permit 

holders indicates that there are 2,025 

distinct business entities that hold at 

least one Federal permit regulated by 

this action. All 2,025 business entities 

identified could be directly regulated by 

this action. Of these 2,025 entities, 1,685 

are commercial fishing entities, 6 are 

for-hire entities, and 334 did not have 

revenues (i.e., were inactive in 2020). Of 

the 1,685 commercial fishing entities, 

1,677 are categorized as small entities 

and 8 are categorized as large entities, 

per the NMFS guidelines. All six forhire entities are categorized as small 

businesses. A summary of these entity 

designations is provided in Table 4. 


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TABLE 4—SUMMARY OF ENTITIES

Total entities Small entities Large entities 

Entities Regulated by Action ........................................................................................... 2,025 1,683 8 

Commercial fishing Entities ............................................................................................. 1,685 1,677 8 

For-Hire Entities ............................................................................................................... 6 6 0 

Unidentified (no revenue) ................................................................................................ 334 n/a n/a 

The Area 2 cap of 800 traps is at, or 

higher than, most entities’ trap 

allocations, and all entities with trap 

allocations in excess of the preferred 

cap will be able to retain their current 

allocation as of May 1, 2022. Thus, no 

costs are expected. The Area 3 

ownership caps are similarly set higher 

than most entities’ allocations, and all 

entities in excess of the preferred cap 

will be able to retain their current 

allocation. The maximum trap cap 

reduction may result in the loss of some 

traps, reducing fishing revenues and 

profits for fishing businesses. The loss 

in fishing profit from retired traps is 

estimated to be between $307,000 and 

$419,000, assuming a profit margin of 5 

percent. For harvester reporting, the 

GARFO-supported application for 

eVTRs is free of charge, and most 

individuals in the fishery own a device 

which can be used to submit eVTRs. 

Wage hours are summarized below. We 

requested comments in the proposed 

rule on economic impacts of the 

reporting requirements approved in this 

rule, including assumptions that 

impacts are discountable due to the 

prevalence of smartphones and tablets 

in society and the fact that reporting 

applications are free, and that entities 

are able to cover fixed costs on 

diminished revenues. No comments 

were received on the proposed 

approach. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

This action contains new reporting 

and recordkeeping requirements for 

Federal American lobster permit holders 

that would involve costs to vessels to 

catch lobsters. Vessels would be 

required to complete a Federal vessel 

trip report at sea and submit the report 

electronically to GARFO within 48 

hours of returning to port. Costs in 

terms of burden is estimated to be 7 

minutes per report, or 10,065 burden 

hours total. With a mean hourly wage of 

$14.49 dollars, total wage burden costs 

are $155,586 (in 2019 dollars). 

Description of the Steps the Agency Has 

Taken To Minimize the Significant 

Economic Impact on Small Entities 

Consistent With the Stated Objectives of 

Applicable Statutes 

This action imposes minimal impacts 

on small entities. Given the current state 

of the Area management programs, the 

implemented measures remain 

consistent with the Commission’s 

recommendations, but do not consider 

outdated management measures (i.e., 

trap banking). Further, both the Area 2 

and Area 3 ownership caps allow for 

entities who exceed the specified 

ownership cap limits to retain their 

permits and traps, but prevent these 

entities from ownership in additional 

permits and traps. For Area 3, we are 

also approving a reduction to the 

maximum number of traps that can be 

fished. Area 3 permit holders may 

participate in the Trap Transfer Program 

ahead of reductions going into place, 

and thus could either optimize trap 

allocations across vessels owned or sell 

traps and recoup some economic losses. 

Finally, approving mandatory harvester 

requirements using eVTR would 

leverage technology to minimize the 

burden of completing and submitting/ 

mailing paper Federal vessel trip 

reports. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to permit 

holders that also serves as this small 

entity compliance guide was prepared. 

Copies of the guide and this rule are 

available upon request from the Greater 

Atlantic Regional Office (see 

ADDRESSES), and the guide/permit 

holder bulletin will be sent to all 

holders of lobster permits. 

This final rule contains a new 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). The collection-of-information 

requirement in this rule, currently 

assigned Control Number 0648–0806, 

relates to the collection under Control 

Number 0648–0212, ‘‘Greater Atlantic 

Region Logbook Family of Forms’’ as 

both collect similar types of 

information. However, due to multiple 

concurrent actions revising Control 

Number 0648–0212, the collection-ofinformation requirement in this final 

rule was assigned a temporary Control 

Number that will later be merged into 

Control Number 0648–0212. This rule 

creates new requirements by requiring 

all Federal lobster permit holders to 

submit electronic vessel trip reports, 

including several additional new data 

elements. Public reporting burden for 

electronic trip reports is estimated to 

average 7 minutes (0.117 hours) per 

individual response, including the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Total annual cost to the 

public from this collection is estimated 

to be approximately $156,000 (in 2019 

dollars). 

We invite the general public and other 

Federal agencies to comment on 

proposed and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. Written comments 

and recommendations for this 

information collection should be 

submitted on the following website: 

https://www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under Review’’ or by using 

the search function and entering the 

title of the collection. 

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 PRA, unless 

that collection of information displays a 

currently valid OMB Control Number 

List of Subjects in 50 CFR Part 697 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 


lotter on DSK11XQN23PROD with RULES1
67676 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

Dated: September 26, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 697 is amended 

as follows: 

PART 697—ATLANTIC COASTAL 

FISHERIES COOPERATIVE 

MANAGEMENT 

■ 1. The authority citation for part 697 

continues to read as follows: 

Authority: 16 U.S.C. 1501 et seq. 

■ 2. In § 697.2, remove the definition for 

‘‘Qualifying Year’’ and revise the 

definition for ‘‘Regional Administrator’’ 

to read as follows: 

§ 697.2 Definitions. 

* * * * * 

Regional Administrator, means 

Regional Administrator, Greater Atlantic 

Region, NMFS, or Regional 

Administrator, Southeast Region, 

NMFS, whichever has the applicable 

jurisdiction, or a respective designee. 

* * * * * 

■ 3. In § 697.4, 

■ a. Revise paragraph (a)(1) introductory 

text, and paragraphs (a)(7)(i) and (ii); 

■ b. Remove and reserve paragraphs 

(a)(7)(vi) through (viii); 

■ c. Revise paragraph (d)(1); 

■ d. Revise paragraph (f)(1)(i); 

■ e. Remove paragraph (f)(1)(v); and 

■ f. Effective April 1, 2024, add 

paragraph (q). 

The revisions and addition read as 

follows: 

§ 697.4 Vessel permits and trap tags. 

(a) * * * 

(1) Eligibility. To be eligible for 

issuance or renewal of a Federal limited 

access lobster permit, a vessel must: 

* * * * * 

(7) * * * 

(i) It is unlawful for vessels issued a 

limited access American lobster permit 

fishing with traps, to retain on board, 

land, or possess American lobster in or 

from the management areas specified in 

§ 697.18, unless such fishing vessel has 

been issued a valid management area 

designation certificate or valid limited 

access American lobster permit 

specifying such management area(s). 

(ii) Each owner of a fishing vessel that 

fishes with traps capable of catching 

lobster must declare to NMFS in his/her 

annual application for permit renewal 

which management areas, as described 

in § 697.18, the vessel will fish in for 

lobster with trap gear during that fishing 

season. A federal lobster permit holder 

may declare into Lobster Conservation 

Management Areas 1, 2, 3, 4, 5, and/or 

the Outer Cape Management Area to fish 

with traps, only in the following two 

circumstances: 

(A) The NOAA Regional 

Administrator previously qualified the 

permit into the requested area as part of 

the Area 1, 2, 3, 4, 5 and/or Outer Cape 

Cod Limited Access Program during the 

initial limited access area qualification 

process; and/or 

(B) The permit holder, even if the 

permit has not qualified as described in 

paragraph (a)(7)(ii)(A) of this section, is 

seeking access to Area 2, 3, and/or the 

Outer Cape Area based upon ownership 

of traps acquired as part of the Trap 

Transfer Program, described in § 697.27, 

that the NOAA Regional Administrator 

has previously qualified and allocated 

under the Area 2, 3, and/or the Outer 

Cape Cod Limited Access Programs. 

* * * * * 

(d) * * * 

(1) Any lobster trap fished in Federal 

waters must have a valid Federal lobster 

trap tag permanently attached to the 

trap bridge or central cross-member, 

unless exempt under § 697.26. 

* * * * * 

(f) * * * 

(1) * * * 

(i) The applicant has failed to submit 

a complete application. An application 

is complete when all requested forms, 

information, documentation, and fees, if 

applicable, have been received and the 

applicant has submitted all applicable 

reports specified in paragraph (q) of this 

section. 

* * * * * 

(q) Fishing Vessel Trip Reports—(1) 

Information to be Submitted. Beginning 

April 1, 2024, all federally permitted 

lobster vessels must maintain onboard 

the vessel and submit an electronic 

fishing log to NMFS for each fishing 

trip. Both the vessel permit owner and 

the vessel permit operator are 

responsible for ensuring the report is 

accurate and is filed. The report must be 

filed regardless of species fished for or 

taken during the trip and this report 

must be entered into and submitted 

through a software application approved 

by NMFS. The report must contain the 

following information: 

(i) Vessel name; 

(ii) USCG documentation number (or 

state registration number, if 

undocumented); 

(iii) Permit number; 

(iv) Date/time left port on fishing trip; 

(v) Date/time returned from port on 

fishing trip; 

(vi) Trip type (commercial, 

recreational, party, or charter); 

(vii) Number of crew; 

(viii) Number of anglers (if a charter 

or party boat); 

(ix) Gear fished; 

(x) Lobster trawl/string information; 

(A) Total number of trawls/strings in 

the water; 

(B) Average number of pots per trawl/ 

string; 

(C) Total number of pots in the water; 

(xi) Entrance (ring/hoop) size; 

(xii) Chart area fished, based on the 

location of the start of haul back; 

(xiii) Latitude/longitude where the 

majority of fishing effort occurred; 

(xiv) Average depth where the 

majority of fishing effort occurred; 

(xv) Total number of strings hauled 

per chart area per trip; 

(xvi) Average soak time per trawl/ 

string; 

(xvii) Hail weight, in pounds (or 

count of individual fish, if a party or 

charter vessel), by species, of all species, 

or parts of species; 

(xviii) Dealer permit number; 

(xix) Dealer name; 

(xx) Date sold, port and state landed; 

and 

(xxi) Vessel operator’s name, 

signature, and operator’s permit number 

(if applicable). 

(xxii) Total number of traps hauled by 

chart area; 

(xxiii) Number of traps in chart area 

fished; 

(xxiv) Average number of traps per 

string hauled in the chart area fished; 

(xxv) Number of buoy lines in the 

chart area fished; and 

(xxvi) Total number of buoy lines in 

the water. 

(2) When to fill out a vessel trip 

report. Vessel trip reports required by 

paragraph (q)(1)(i) of this section must 

be filled out with all required 

information, except for information not 

yet ascertainable, prior to entering port. 

Information that may be considered 

unascertainable prior to entering port 

includes dealer name, dealer permit 

number, and date sold. Vessel trip 

reports must be completed as soon as 

the missing information is ascertained. 

(3) Inspection. All persons required to 

submit reports under this part must 

make these reports and their underlying 

information available for inspection 

immediately upon the request of an 

authorized officer or an employee of 

NMFS designated by the Regional 

Administrator to make such inspections. 

(4) Submitting reports—(i) For any 

vessel issued a valid lobster permit, or 

eligible to renew a limited access permit 

under this part, fishing vessel trip 

reports, required by paragraph (b)(1) of 

this section, must be submitted within 

48 hours of the conclusion of a trip. 


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(ii) For the purposes of paragraph 

(q)(4)(i) of this section, the date when 

fish are offloaded from a commercial 

vessel will establish the conclusion of a 

commercial trip. 

(iii) For the purposes of paragraph 

(q)(4)(i) of this section, the date a 

charter/party vessel enters port will 

establish the conclusion of a for-hire 

trip. 

■ 4. Effective April 1, 2024, in § 697.6, 

revise paragraph (n)(1)(ii)(B) to read as 

follows: 

§ 697.6 Dealer permits. 

* * * * * 

(n) * * * 

(1) * * * 

(ii) * * * 

(B) When purchasing or receiving fish 

from a vessel landing in a port located 

outside of the Greater Atlantic Region 

(Maine, New Hampshire, Massachusetts, 

Connecticut, Rhode Island, New York, 

New Jersey, Pennsylvania, Maryland, 

Delaware, Virginia and North Carolina), 

only purchases or receipts of species 

managed by the Greater Atlantic Region 

under this part (American lobster or 

Jonah crab), and part 648 of this chapter, 

must be reported. Other reporting 

requirements may apply to those species 

not managed by the Greater Atlantic 

Region, which are not affected by this 

paragraph (n); and 

* * * * * 

■ 5. Revise § 697.18 to read as follows: 

§ 697.18 Lobster management areas. 

The following lobster management 

areas are established for purposes of 

implementing the management 

measures specified in this part. (A copy 

of a chart showing the American lobster 

EEZ management areas is available 

upon request to the Office of the 

Regional Administrator, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930.) 

(a) EEZ Nearshore Management Area 

1. EEZ Nearshore Management Area 1 

includes state and federal waters 

nearshore in the Gulf of Maine that are 

bounded on the west and north by the 

coastlines of Massachusetts (including 

the southwestern extent of the Cape Cod 

Canal), New Hampshire, and Maine, 

bounded on the east by the U.S.-Canada 

Maritime Boundary, and bounded on 

the southeast by the following points 

connected in the order listed by straight 

lines: 

TABLE 1 TO PARAGRAPH (a) 

Point Latitude Longitude Notes 

A ...... 43°58.25′ N 67°21.44′ W (1) 

B ...... 43°41′ N 68°00′ N ..........

C ...... 43°12′ N 69°00′ W ..........

TABLE 1 TO PARAGRAPH (a)— 

Continued 

Point Latitude Longitude Notes 

D ...... 42°49′ N 69°40′ W ..........

E ...... 42°15.5′ N 69°40′ W ..........

F ...... 42°10′ N 69°56′ W ..........

G ...... 42°05.5′ N 70°14′ W ..........

H ...... 42°04.25′ N 70°17.22′ W ..........

I ........ 42°02.84′ N 70°16.1′ W ..........

J ....... 42°03.4′ N 70°14.2′ W ..........

(1) Point A is intended to fall on the U.S./ 

Canada Maritime Boundary. 

(b) EEZ Nearshore Management Area 

2. EEZ Nearshore Management Area 2 

includes state and federal waters 

nearshore in Southern New England 

that are bounded on the north by the 

coastlines of Massachusetts (including 

the northeastern extent of the Cape Cod 

Canal) and Rhode Island, and bounded 

on all other sides by the following 

points connected in the order listed by 

straight lines: 

TABLE 2 TO PARAGRAPH (b) 

Point Latitude Longitude Notes 

A ...... 41°40′ N 70°05′ W ..........

B ...... 41°15′ N 70°05′ W ..........

C ...... 41°21.5′ N 69°16′ W ..........

D ...... 41°10′ N 69°06.5′ W ..........

E ...... 40°55′ N 68°54′ W ..........

F ...... 40°27.5′ N 72°14′ W ..........

G ...... 40°45.5′ N 71°34′ W ..........

H ...... 41°07′ N 71°43′ W ..........

I ........ 41°06.5′ N 71°47′ W ..........

J ....... 41°11.5′ N 71°47.25′ W ..........

K ...... 41°18.5′ N 71°54.5′ W (1) 

(1) From Point K, the EEZ Nearshore Management Area 2 follows the maritime boundary 

between Connecticut and Rhode Island to the 

coastal Connecticut/Rhode Island boundary. 

(c) Area 2/3 Overlap. The Area 2/3 

Overlap is defined by the area, 

comprised entirely of Federal waters, 

bounded by straight lines connecting 

the following points, in the order stated: 

TABLE 3 TO PARAGRAPH (c) 

Point Latitude Longitude 

A ......... 41°10′ N 69°06.5′ W 

B ......... 40°55′ N 68°54′ W 

C ......... 40°27.5′ N 72°14′ W 

D ......... 40°45.5′ N 71°34′ W 

A ......... 41°10′ N 69°06.5′ W 

(d) EEZ Offshore Management Area 3. 

EEZ Offshore Management Area 3 is 

defined by the area, comprised entirely 

of Federal waters, bounded by straight 

lines connecting the following points, in 

the order stated: 

TABLE 4 TO PARAGRAPH (d) 

Point Latitude Longitude Notes 

A ...... 43°58.25′ N 67°21′ W (1),(2) 

B ...... 43°41′ N 68°00′ W ..........

C ...... 43°12′ N 69°00′ W ..........

D ...... 42°49′ N 69°40′ W ..........

E ...... 42°15.5′ N 69°40′ W ..........

F ...... 42°10′ N 69°56′ W ..........

G ...... 42°21.5 N 69°16′ W ..........

H ...... 41°10′ N 69°06.5′ W ..........

I ........ 40°45.5′ N 71°34′ W ..........

J ....... 40°27.5′ N 72°14′ W ..........

K ...... 40°12.5′ N 72°48.5′ W ..........

L ....... 39°50′ N 73°01′ W ..........

M ...... 38°39.5′ N 73°40′ W ..........

N ...... 38°12′ N 73°55′ W ..........

O ...... 37°12′ N 74°44′ W ..........

P ...... 35°34′ N 74°51′ W ..........

Q ...... 35°14.5′ N 75°31′ W ..........

R ...... 35°14.5′ N 71°24′ W (2) 

(1) Point A is intended to fall on the U.S.- 

Canada Maritime Boundary 

(2) From Point R back to Point A along the 

outer limit of the US EEZ and the U.S.-Canada Maritime Boundary 

(e) EEZ Nearshore Management Area 

4. EEZ Nearshore Management Area 4 

includes state and federal waters 

nearshore in the northern Mid-Atlantic, 

bounded on the west and north by the 

coastlines of New Jersey and New York 

(crossing the East River at 74° W), and 

bounded on all other sides by the 

following points connected in the order 

listed by straight lines, unless otherwise 

noted: 

TABLE 5 TO PARAGRAPH (e) 

Point Latitude Longitude Notes 

A ...... 41°0.7′ N 72°00′ W ..........

B ...... 40°57.33′ N 72°00′ W (1),(2) 

C ...... 41°06.5′ N 71°47′ W (2),(3) 

D ...... 41°07′ N 71°43′ W ..........

E ...... 40°45.5′ N 71°34′ W ..........

F ...... 41°27.5′ N 72°14′ W ..........

G ...... 40°12.5′ N 72°48.5′ W ..........

H ...... 39°50′ N 73°01′ W ..........

I ........ 39°50′ N 72°09.2′ W ..........

(1) Point B is intended to fall along the 

Three Nautical Mile line. 

(2) From Point B to Point C following the 

Three Nautical Mile line. 

(3) Point C is intended to fall along the 

Three Nautical Mile line. 

(f) EEZ Nearshore Management Area 

5. EEZ Nearshore Management Area 5 

includes state and Federal waters 

nearshore in the southern Mid-Atlantic, 

bounded on the west by the coastline of 

the United states, and bounded on all 

other sides by the following points 

connected in the order listed by straight 

lines: 


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TABLE 6 TO PARAGRAPH (f) 

Point Latitude Longitude 

A ......... 39°50′ N 74°09.2′ W 

B ......... 39°50′ N 72°55′ W 

C ......... 38°38.2′ N 73°33.8′ W 

D ......... 38°10.4′ N 73°49′ W 

E ......... 37°10.6′ N 74°38′ W 

F .......... 35°31.9′ N 74°45.5′ W 

G ......... 35°14.5′ N 75°19.3′ W 

H ......... 35°14.5′ N 75°31.5′ W 

(g) Area 3/5 Overlap. The Area 3/5 

Overlap includes state and Federal 

waters in the southern Mid-Atlantic 

bounded by the following points 

connected in the order listed by straight 

lines: 

TABLE 7 TO PARAGRAPH (g) 

Point Latitude Longitude 

A ......... 39°50′ N 73°01′ W 

B ......... 39°50′ N 72°55′ W 

C ......... 38°38.2′ N 73°33.8′ W 

D ......... 38°10.4′ N 73°49′ W 

E ......... 37°10.6′ N 74°38′ W 

F .......... 35°31.9′ N 74°45.5′ W 

G ......... 35°14.5′ N 75°19.3′ W 

H ......... 35°14.5′ N 75°31′ W 

I ........... 35°34′ N 74°51′ W 

J .......... 37°12′ N 74°44′ W 

K ......... 38°12′ N 73°55′ W 

L .......... 38°39.5′ N 73°40′ W 

A ......... 39°50′ N 73°01′ W 

(h) Nearshore Management Area 6. 

The Nearshore Management Area 6 

includes New York and Connecticut 

state waters, bounded by the Long 

Island Sound coastlines of both states 

(including the East River until 74° W, 

and the northern extent of the Harlem 

River), and bounded on the east by the 

following points connected in the order 

listed by straight lines: 

TABLE 8 TO PARAGRAPH (h) 

Point Latitude Longitude Notes 

A ...... 41°0.7′ N 72°00′ W ..........

B ...... 40°57.33′ N 72°00′ W (1)(2) 

C ...... 41°06.5′ N 71°47′ W (2)(3) 

D ...... 41°11.5′′ N 71°47.25′′ W ..........

E ...... 41°18.5′′ N 71°54.5′′ W (4) 

(1) Point B is intended to fall along the 

Three Nautical Mile line. 

(2) From Point B to Point C following the 

Three Nautical Mile line. 

(3) Point C is intended to fall along the 

Three Nautical Mile line. 

(4) From Point E, the Nearshore Management Area 6 follows the maritime boundary 

between Connecticut and Rhode Island to the 

coastal Connecticut/Rhode Island boundary. 

(i) EEZ Nearshore Outer Cape Lobster 

Management Area. EEZ Nearshore 

Outer Cape Lobster Management Area 

includes state and Federal waters off 

Cape Cod, bounded by the following 

points connected in the order listed by 

straight lines, unless otherwise noted: 

TABLE 9 TO PARAGRAPH (i) 

Point Latitude Longitude Notes 

A ...... 41°54.46′ N 70°03.99′ W (1) 

B ...... 41°52′ N 70°07.49′ W ..........

C ...... 42°02.84′ N 70°16.1′ W ..........

D ...... 42°04.25′ N 70°17.22′ W ..........

E ...... 42°05.5′ N 70°14′ W ..........

F ...... 42°10′ N 69°65′ W ..........

G ...... 41°21.5′ N 69°16′ W ..........

H ...... 41°15′ N 70°05′ W ..........

I ........ 41°40′ N 70°05′ W (1) 

(1) From Point I back to Point A following 

the outer coastline of Cape Cod. 

(j) Area management. NMFS may, 

consistent with § 697.25, implement 

management measures necessary for 

each management area, in order to end 

overfishing and rebuild stocks of 

American lobster. 

■ 6. Effective May 1, 2025, in § 697.19, 

revise the section heading and 

paragraph (c), and add paragraph (m), to 

read as follows: 

§ 697.19 Trap limits, ownership caps, and 

trap tag requirements for vessels fishing 

with lobster traps. 

* * * * * 

(c) Area 3 trap limits. (1) Effective 

May 1, 2025, the Area 3 trap limit is 

1,805 traps. Federally permitted lobster 

fishing vessels may only fish with traps 

that have been previously qualified and 

allocated into Area 3 by the Regional 

Administrator, as part of the Federal 

Area 3 Limited Access Program. This 

allocation may be modified by trap cuts 

and/or trap transfers, but in no case 

shall the allocation exceed the trap 

limit. 

(2) Effective May 1, 2026, the Area 3 

trap limit is 1,629 traps. Federally 

permitted lobster fishing vessels may 

only fish with traps that have been 

previously qualified and allocated into 

Area 3 by the Regional Administrator, as 

part of the Federal Area 3 Limited 

Access Program. This allocation may be 

modified by trap cuts and/or trap 

transfers, but in no case shall the 

allocation exceed the trap limit. 

(3) Effective May 1, 2027, the Area 3 

trap limit is 1,548 traps. Federally 

permitted lobster fishing vessels may 

only fish with traps that have been 

previously qualified and allocated into 

Area 3 by the Regional Administrator, as 

part of the Federal Area 3 Limited 

Access Program. This allocation may be 

modified by trap cuts and/or trap 

transfers, but in no case shall the 

allocation exceed the trap limit. 

* * * * * 

(m) Ownership caps. (1) An entity 

shall be defined as any person having an 

ownership interest, including, but not 

limited to, persons who are 

shareholders in a vessel owned by a 

corporation, who are partners (general 

or limited) to a vessel owner, or who, in 

any way, partly own a federally 

permitted lobster vessel. In determining 

an entity’s ownership cap allocation, 

NMFS will not attribute based upon an 

entity’s percentage ownership interest, 

but will attribute the full amount of a 

permit’s allocation to the entity upon a 

finding of any ownership interest in the 

permit. 

(2) Area 2—Effective May 1, 2025, an 

entity’s Area 2 ownership cap shall be 

based upon the entity’s aggregate trap 

allocation as of May 1, 2022 as follows: 

(i) Any entity who had a cumulative 

Area 2 trap allocation at or below 800 

traps as of May 1, 2022 shall be 

restricted to an 800 cumulative trap 

maximum for all permits with an Area 

2 trap allocation. No such entity may 

possess Area 2 trap allocations in excess 

of 800 traps. 

(ii) Any entity who had a cumulative 

Area 2 trap allocation above 800 traps 

as of May 1, 2022 may retain their 

allocation at that May 1 2022 level but 

shall be restricted from expanding this 

cumulative Area 2 trap allocation above 

the May 1, 2022 trap allocation level. No 

such entity may possess Area 2 trap 

allocations in excess of their May 1, 

2022 level. This higher allocation is 

allowed only for the duration of the 

entity’s ownership of Area 2 lobster 

permits, and is forfeited once ownership 

is lost, sold, or transferred. 

(iii) Vessel owners with an Area 2 

lobster permit in confirmation of permit 

history, and in compliance with the 

ownership restrictions in paragraph 

(m)(1) of this section, are eligible to 

renew such permits(s) and/or 

confirmation(s) of permit history, but 

will be bound by the trap limits in 

paragraphs (m)(2)(i) or (m)(2)(ii) of this 

section. 

(3) Area 3. (i) Effective May 1, 2025, 

the Area 3 ownership cap shall be 

restricted to no more than 9,025 

allocated traps. An entity is prohibited 

from possessing Area 3 trap allocations 

in excess of 9,025 traps. 

(ii) Effective May 1, 2026, the Area 3 

ownership cap shall be restricted to no 

more than 8,145 allocated traps. An 

entity is prohibited from possessing 

Area 3 trap allocations in excess of 

8,145 traps. 

(iii) Effective May 1, 2027, the Area 3 

ownership cap shall be restricted to no 

more than 7,740 allocated traps. An 

entity is prohibited from possessing 


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Area 3 trap allocations in excess of 

7,740 traps. 

(iv) Vessel owners with an Area 3 

lobster permit in confirmation of permit 

history, and in compliance with the 

ownership restrictions in paragraph 

(m)(1) of this section, are eligible to 

renew such permits(s) and/or 

confirmation(s) of permit history, but 

will be bound by the trap limits in 

paragraphs (m)(3)(i) through (iii) of this 

section. 

(v) Paragraphs (m)(3)(i) through (iii) of 

this section do not apply to an entity’s 

Area 3 lobster trap permits and/or 

confirmations of permit history if that 

entity’s trap allocation exceeded 7,740 

traps as of May 1, 2022. The trap 

allocations of all such entities will be 

capped at their May 1, 2022 trap 

allocation. This higher allocation is 

allowed only for the duration of the 

entity’s ownership of Area 2 lobster 

permits, and is forfeited once ownership 

is lost, sold, or transferred. 

■ 7. In § 697.20, revise paragraphs (a)(5) 

through (7), and remove paragraphs 

(a)(8) and (9), to read as follows: 

§ 697.20 Size, harvesting and landing 

requirements. 

(a) * * * 

(5) The minimum carapace length for 

all American lobsters harvested in or 

from the Offshore Management Area 3 is 

317⁄32 inches (8.97 cm). 

(6) The minimum carapace length for 

all American lobsters landed, harvested, 

or possessed by vessels issued a Federal 

limited access American lobster permit 

fishing in or electing to fish in EEZ 

Offshore Management Area 3 is 317⁄32

inches (8.97 cm). 

(7) 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 (a) of this 

section. 

* * * * * 

■ 8. In § 697.21; 

■ a. Revise paragraphs (a)(1); 

■ b. Remove and reserve paragraph 

(a)(2); 

■ c. Revise paragraphs (b)(4)(i) through 

(iii), (c)(3) and (4); 

■ d. Remove paragraph (c)(5); and 

■ e. Revise paragraphs (e) and (f). 

The revisions are to read as follows: 

§ 697.21 Gear identification and marking, 

escape vent, maximum trap size, and ghost 

panel requirements. 

(a) * * * 

(1) Identification and trap tagging. 

Lobster gear must be marked with a trap 

tag (as specified in § 697.19) with the 

following code of identification: 

(i) A number assigned by the Regional 

Administrator; or 

(ii) Whatever positive identification 

marking is required by the vessel’s 

home-port state. 

* * * * * 

(b) * * * 

(4) * * * 

(i) Gulf of Maine gear area. Gulf of 

Maine gear area is defined as all waters 

of the EEZ north of 42°20′ N lat. seaward 

of the outer boundary of the territorial 

sea (12 nautical miles (22.2 km) from 

the baseline); 

(ii) Georges Bank gear area. Georges 

Bank gear area is defined as all waters 

of the EEZ south of 42°20′ N lat. and 

east of 70°00′ W long. or the outer 

boundary of the territorial sea (12 

nautical miles (22.2 km) from the 

baseline), whichever lies farther east; 

(iii) Southern New England gear area. 

Southern New England gear area is 

defined as all waters of the EEZ west of 

70°00′ W long., east of 71°30′ W long., 

and north of 36°33’ N lat. at a depth 

greater than 25 fathoms (45.72 m); and 

* * * * * 

(c) * * * 

(3) All American lobster traps 

deployed or possessed in the EEZ 

Offshore Management Area 3, or 

deployed or possessed by a person on or 

from a vessel issued a Federal limited 

access American lobster permit fishing 

in or electing to fish in the EEZ Offshore 

Management Area 3, must include 

either of the following escape vents in 

the parlor section of the trap, located in 

such a manner that it will not be 

blocked or obstructed by any portion of 

the trap, associated gear, or the sea floor 

in normal use: 

(i) A rectangular portal with an 

unobstructed opening not less than 21⁄16

inches (5.24 cm) × 53⁄4 inches (14.61 

cm); 

(ii) Two circular portals with 

unobstructed openings not less than 

211⁄16 inches (6.82 cm) in diameter. 

(4) The Regional Administrator may, 

at the request of, or after consultation 

with, the Commission, approve and 

specify, through a technical 

amendment, any other type of 

acceptable escape vent that the Regional 

Administrator finds to be consistent 

with paragraph (c) of this section. 

* * * * * 

(e) Maximum trap size—(1) EEZ 

Nearshore Management Area 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 § 697.4, if deployed or 

possessed by a person or vessel 

permitted to fish in any EEZ Nearshore 

Management Area (Area 1, Outer Cape, 

Area 2, Area 4, Area 5, or Area 6) and 

the Area 2/3 Overlap, or only in the 

Area 2/3 Overlap, shall not exceed 

22,950 cubic inches (376,081 cubic 

centimeters) in volume as measured on 

the outside portion of the trap, exclusive 

of the runners. 

(2) EEZ Offshore Management Area 

maximum trap size. 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 § 697.4, if deployed 

or possessed by a person or vessel 

permitted to fish only in EEZ Offshore 

Management Area 3 or only in EEZ 

Offshore Management Area 3 and the 

Area 2/3 Overlap, shall not exceed 

30,100 cubic inches (493,249 cubic 

centimeters) in volume as measured on 

the outside portion of the trap, exclusive 

of the runners. 

(f) Enforcement action. Unidentified, 

unmarked, unvented, or improperlyvented American lobster traps, or any 

untagged American lobster traps, or any 

lobster traps subject to the requirements 

and specifications of § 697.21, which 

fail to meet such requirements and 

specifications may be seized and 

disposed of in accordance with the 

provisions of 15 CFR part 904. 

* * * * * 

■ 9. In § 697.23, revise paragraphs (b)(2), 

(c)(2), (d)(2), and (e)(2) to read as 

follows: 

§ 697.23 Restricted gear areas. 

* * * * * 

(b) * * * 

(2) Definition of Restricted Gear Area 

I. Restricted Gear Area I is defined by 

the following points connected in the 

order listed by straight lines (points 

followed by an asterisk are shared with 

an adjacent Restricted Gear Area): 

TABLE 1 TO PARAGRAPH (b)(2) 

Point Latitude Longitude Note 

AA .... 40°02.75′ N 70°16.10′ W (*) 

AB .... 40°02.45′ N 70°14.10′ W (*) 

AC .... 40°05.20′ N 70°10.90′ W (*) 

AD .... 40°03.75′ N 70°10.15′ W (*) 

AE .... 40°00.70′ N 70°08.70′ W (*) 

AF .... 39°59.20′ N 70°04.90′ W (*) 

AG ... 39°58.25′ N 70°03.00′ W (*) 

AH .... 39°56.90′ N 69°57.45′ W (*) 

AI ..... 39°57.40′ N 69°55.90′ W (*) 

AJ .... 39°57.55′ N 69°54.05′ W (*) 

AK .... 39°56.70′ N 69°53.60′ W (*) 

AL .... 39°55.75′ N 69°41.40′ W (*) 

AM ... 39°56.20′ N 69°40.20′ W (*) 

AN .... 39°58.80′ N 69°38.45′ W (*) 

AO ... 39°59.15′ N 69°37.30′ W (*) 

AP .... 40°00.90′ N 69°37.30′ W (*) 


lotter on DSK11XQN23PROD with RULES1
67680 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (b)(2)— 

Continued 

Point Latitude Longitude Note 

AQ ... 40°00.65′ N 69°36.50′ W (*) 

AR .... 39°57.85′ N 69°35.15′ W (*) 

AS .... 39°56.80′ N 69°34.10′ W (*) 

AT .... 39°56.50′ N 69°26.35′ W (*) 

AU .... 39°56.75′ N 69°24.40′ W (*) 

AV .... 39°57.80′ N 69°20.35′ W (*) 

AW ... 40°00.05′ N 69°14.60′ W (*) 

AX .... 40°02.65′ N 69°11.15′ W (*) 

AY .... 40°02.00′ N 69°08.35′ W (*) 

AZ .... 40°02.65′ N 69°05.60′ W (*) 

BA .... 40°04.10′ N 69°03.90′ W (*) 

BB .... 40°05.65′ N 69°03.55′ W (*) 

BC .... 40°08.45′ N 69°03.60′ W (*) 

BD .... 40°09.75′ N 69°04.15′ W (*) 

BE .... 40°10.25′ N 69°04.40′ W (*) 

BF .... 40°11.60′ N 69°05.40′ W (*) 

BG ... 40°11.00′ N 69°03.80′ W (*) 

BH .... 40°08.90′ N 69°01.75′ W (*) 

BI ..... 40°05.30′ N 69°01.10′ W (*) 

BJ .... 40°05.20′ N 69°00.50′ W (*) 

BK .... 40°04.35′ N 69°00.50′ W (*) 

BL .... 40°03.65′ N 69°00.00′ W (*) 

BM ... 40°03.60′ N 68°57.20′ W (*) 

BN .... 40°05.70′ N 68°52.40′ W (*) 

BO ... 40°08.10′ N 68°51.00′ W (*) 

BP .... 40°08.70′ N 68°49.60′ W (*) 

BQ ... 40°06.90′ N 68°46.50′ W (*) 

BR .... 40°07.20′ N 68°38.40′ W (*) 

BS .... 40°07.90′ N 68°36.00′ W (*) 

BT .... 40°06.40′ N 68°35.80′ W ..........

BU .... 40°05.25′ N 68°39.30′ W ..........

BV .... 40°05.40′ N 68°44.50′ W ..........

BW ... 40°06.00′ N 68°46.50′ W ..........

BX .... 40°07.40′ N 68°49.60′ W ..........

BY .... 40°05.55′ N 68°49.80′ W ..........

BZ .... 40°03.90′ N 68°51.70′ W ..........

CA .... 40°02.25′ N 68°55.40′ W ..........

CB .... 40°02.60′ N 69°00.00′ W ..........

CC ... 40°02.75′ N 69°00.75′ W ..........

CD ... 40°04.20′ N 69°01.75′ W ..........

CE .... 40°06.15′ N 69°01.95′ W ..........

CF .... 40°07.25′ N 69°02.00′ W ..........

CG ... 40°08.50′ N 69°02.25′ W ..........

CH ... 40°09.20′ N 69°02.95′ W ..........

CI ..... 40°09.75′ N 69°03.30′ W ..........

CJ .... 40°09.55′ N 69°03.85′ W ..........

CK .... 40°08.40′ N 69°03.40′ W ..........

CL .... 40°07.20′ N 69°03.30′ W ..........

CM ... 40°06.00′ N 69°03.10′ W ..........

CN ... 40°05.40′ N 69°03.05′ W ..........

CO ... 40°04.80′ N 69°03.05′ W ..........

CP .... 40°03.55′ N 69°03.55′ W ..........

CQ ... 40°01.90′ N 69°03.95′ W ..........

CR ... 40°01.00′ N 69°04.40′ W ..........

CS .... 39°59.90′ N 69°06.25′ W ..........

CT .... 40°00.60′ N 69°10.05′ W ..........

CU ... 39°59.25′ N 69°11.15′ W ..........

CV .... 39°57.45′ N 69°16.05′ W ..........

CW ... 39°56.10′ N 69°20.10′ W ..........

CX .... 39°54.60′ N 69°25.65′ W ..........

CY .... 39°54.65′ N 69°26.90′ W ..........

CZ .... 39°54.80′ N 69°30.95′ W ..........

DA .... 39°54.35′ N 69°33.40′ W ..........

DB .... 39°55.00′ N 69°34.90′ W ..........

DC ... 39°56.55′ N 69°36.00′ W ..........

DD ... 39°57.95′ N 69°36.45′ W ..........

DE .... 39°58.75′ N 69°36.30′ W ..........

DF .... 39°58.80′ N 69°36.95′ W ..........

DG ... 39°57.95′ N 69°38.10′ W ..........

DH ... 39°54.50′ N 69°38.25′ W ..........

DI ..... 39°53.60′ N 69°46.50′ W ..........

TABLE 1 TO PARAGRAPH (b)(2)— 

Continued 

Point Latitude Longitude Note 

DJ .... 39°54.70′ N 69°50.00′ W ..........

DK .... 39°55.25′ N 69°51.40′ W ..........

DL .... 39°55.20′ N 69°53.10′ W ..........

DM ... 39°54.85′ N 69°53.90′ W ..........

DN ... 39°55.70′ N 69°54.90′ W ..........

DO ... 39°56.15′ N 69°55.35′ W ..........

DP .... 39°56.05′ N 69°56.25′ W ..........

DQ ... 39°55.30′ N 69°57.10′ W ..........

DR ... 39°54.80′ N 69°58.60′ W ..........

DS .... 39°56.05′ N 70°00.65′ W ..........

DT .... 39°55.30′ N 70°02.95′ W ..........

DU ... 39°56.90′ N 70°11.30′ W ..........

DV .... 39°58.90′ N 70°11.50′ W ..........

DW ... 39°59.60′ N 70°11.10′ W ..........

DX .... 40°01.35′ N 70°11.20′ W ..........

DY .... 40°02.60′ N 70°12.00′ W ..........

DZ .... 40°00.40′ N 70°12.30′ W ..........

EA .... 39°59.75′ N 70°13.05′ W ..........

EB .... 39°59.30′ N 70°14.00′ W * 

AA .... 40°02.75′ N 70°16.10′ W * 

(c) * * * 

(2) Definition of Restricted Gear Area 

II. Restricted Gear Area II is defined by 

the following points connected in the 

order listed by straight lines (points 

followed by an asterisk are shared with 

an adjacent Restricted Gear Area): 

TABLE 2 TO PARAGRAPH (c)(2) 

Point Latitude Longitude Note 

AA .... 40°02.75′ N 70°16.10′ W (*) 

EB .... 39°59.30′ N 70°14.00′ W (*) 

EC .... 39°58.85′ N 70°15.20′ W ..........

ED .... 39°59.30′ N 70°18.40′ W ..........

EE .... 39°58.10′ N 70°19.40′ W ..........

EF .... 39°57.00′ N 70°19.85′ W ..........

EG ... 39°57.55′ N 70°21.25′ W ..........

EH .... 39°57.50′ N 70°22.80′ W ..........

EI ..... 39°57.10′ N 70°25.40′ W ..........

EJ .... 39°57.65′ N 70°27.05′ W ..........

EK .... 39°58.58′ N 70°27.70′ W ..........

EL .... 40°00.65′ N 70°28.80′ W ..........

EM ... 40°02.20′ N 70°29.15′ W ..........

EN .... 40°01.00′ N 70°30.20′ W ..........

EO ... 39°58.58′ N 70°31.85′ W ..........

EP .... 39°57.05′ N 70°34.35′ W ..........

EQ ... 39°56.42′ N 70°36.80′ W ..........

ER .... 39°58.15′ N 70°48.00′ W ..........

ES .... 39°58.30′ N 70°51.10′ W ..........

ET .... 39°58.10′ N 70°52.25′ W ..........

EU .... 39°58.05′ N 70°53.55′ W ..........

EV .... 39°58.40′ N 70°59.60′ W ..........

EW ... 39°59.80′ N 71°01.05′ W ..........

EX .... 39°58.20′ N 71°05.85′ W ..........

EY .... 39°57.45′ N 71°12.15′ W ..........

EZ .... 39°57.20′ N 71°15.00′ W ..........

FA .... 39°56.30′ N 71°18.95′ W ..........

FB .... 39°51.40′ N 71°36.10′ W ..........

FC .... 39°51.75′ N 71°41.50′ W ..........

FD .... 39°50.05′ N 71°42.50′ W ..........

FE .... 39°50.00′ N 71°45.00′ W ..........

FF .... 39°48.95′ N 71°46.05′ W ..........

FG .... 39°46.60′ N 71°46.10′ W ..........

FH .... 39°43.50′ N 71°49.40′ W ..........

FI ..... 39°41.30′ N 71°55.00′ W ..........

FJ ..... 39°39.00′ N 71°55.60′ W ..........

FK .... 39°36.72′ N 71°58.25′ W ..........

TABLE 2 TO PARAGRAPH (c)(2)— 

Continued 

Point Latitude Longitude Note 

FL .... 39°35.15′ N 71°58.55′ W ..........

FM ... 39°34.50′ N 72°00.75′ W ..........

FN .... 39°32.20′ N 72°02.25′ W ..........

FO .... 39°32.15′ N 72°04.10′ W ..........

FP .... 39°28.50′ N 72°06.50′ W ..........

FQ .... 39°29.00′ N 72°09.25′ W ..........

FR .... 39°29.75′ N 72°09.80′ W (*) 

FS .... 39°32.65′ N 72°06.10′ W (*) 

FT .... 39°35.45′ N 72°02.00′ W (*) 

FU .... 39°41.15′ N 71°57.10′ W (*) 

FV .... 39°46.95′ N 71°49.00′ W (*) 

FW ... 39°53.10′ N 71°42.70′ W (*) 

FX .... 39°52.60′ N 71°40.35′ W (*) 

FY .... 39°53.10′ N 71°36.10′ W (*) 

FZ .... 39°57.50′ N 71°20.60′ W (*) 

GA ... 40°00.70′ N 71°19.80′ W (*) 

GB ... 39°59.30′ N 71°18.40′ W (*) 

GC ... 40°02.00′ N 71°01.30′ W (*) 

GD ... 40°00.50′ N 70°57.60′ W (*) 

GE ... 40°00.10′ N 70°45.10′ W (*) 

GF .... 39°58.90′ N 70°38.65′ W (*) 

GG ... 39°59.15′ N 70°34.45′ W (*) 

GH ... 40°00.55′ N 70°32.10′ W (*) 

GI ..... 40°03.85′ N 70°28.75′ W (*) 

GJ .... 39°59.75′ N 70°25.50′ W (*) 

GK ... 39°59.80′ N 70°21.75′ W (*) 

GL .... 40°00.70′ N 70°18.60′ W (*) 

AA .... 40°02.75′ N 70°16.10′ W (*) 

(d) * * * 

(2) Definition of Restricted Gear Area 

III. Restricted Gear Area III is defined by 

the following points connected in the 

order listed by straight lines (points 

followed by an asterisk are shared with 

an adjacent Restricted Gear Area): 

TABLE 3 TO PARAGRAPH (d)(2) 

Point Latitude Longitude Note 

AA .... 40°02.75′ N 70°16.10′ W (*) 

GL .... 40°00.70′ N 70°18.60′ W (*) 

GK ... 39°59.80′ N 70°21.75′ W (*) 

GJ .... 39°59.75′ N 70°25.50′ W (*) 

GI ..... 40°03.85′ N 70°28.75′ W (*) 

GH ... 40°00.55′ N 70°32.10′ W (*) 

GG ... 39°59.15′ N 70°34.45′ W (*) 

GF .... 39°58.90′ N 70°38.65′ W (*) 

GE ... 40°00.10′ N 70°45.10′ W (*) 

GD ... 40°00.50′ N 70°57.60′ W (*) 

GC ... 40°02.00′ N 71°01.30′ W (*) 

GB ... 39°59.30′ N 71°18.40′ W (*) 

GA ... 40°00.70′ N 71°19.80′ W (*) 

FZ .... 39°57.50′ N 71°20.60′ W (*) 

FY .... 39°53.10′ N 71°36.10′ W (*) 

FX .... 39°52.60′ N 71°40.35′ W (*) 

FW ... 39°53.10′ N 71°42.70′ W (*) 

FV .... 39°46.95′ N 71°49.00′ W (*) 

FU .... 39°41.15′ N 71°57.10′ W (*) 

FT .... 39°35.45′ N 72°02.00′ W (*) 

FS .... 39°32.65′ N 72°06.10′ W (*) 

FR .... 39°29.75′ N 72°09.80′ W (*) 

GM ... 39°33.65′ N 72°15.00′ W ..........

GN ... 39°47.20′ N 72°01.60′ W ..........

GO ... 39°53.75′ N 71°52.25′ W ..........

GP ... 39°55.85′ N 71°45.00′ W ..........

GQ ... 39°55.60′ N 71°41.20′ W ..........

GR ... 39°57.90′ N 71°28.70′ W ..........

GS ... 40°10.70′ N 71°10.25′ W ..........


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67681 

TABLE 3 TO PARAGRAPH (d)(2)— 

Continued 

Point Latitude Longitude Note 

GT .... 40°12.75′ N 70°55.05′ W ..........

GU ... 40°11.05′ N 70°45.80′ W ..........

GV ... 40°06.50′ N 70°40.05′ W ..........

GW .. 40°05.60′ N 70°17.70′ W ..........

AA .... 40°02.75′ N 70°16.10′ W (*) 

(e) * * * 

(2) Definition of Restricted Gear Area 

IV. Restricted Gear Area IV is defined by 

the following points connected in the 

order listed by straight lines (points 

followed by an asterisk are shared with 

an adjacent Restricted Gear Area): 

TABLE 4 TO PARAGRAPH (e)(2) 

Point Latitude Longitude Note 

AA .... 40°02.75′ N 70°16.10′ W (*) 

GX ... 40°07.80′ N 70°09.20′ W ..........

GY ... 40°07.60′ N 70°04.50′ W ..........

GZ .... 40°02.10′ N 69°45.00′ W ..........

HA .... 40°01.30′ N 69°45.00′ W ..........

HB .... 40°00.50′ N 69°38.80′ W ..........

HC ... 40°01.70′ N 69°37.40′ W ..........

HD ... 40°01.70′ N 69°35.40′ W ..........

HE .... 40°00.40′ N 69°35.20′ W ..........

HF .... 39°57.30′ N 69°25.10′ W ..........

HG ... 40°05.50′ N 69°09.00′ W ..........

HH ... 40°14.30′ N 69°05.80′ W ..........

HI ..... 40°14.00′ N 69°04.70′ W ..........

HJ .... 40°11.60′ N 68°53.00′ W ..........

HK .... 40°13.60′ N 68°40.60′ W ..........

BS .... 40°07.90′ N 68°36.00′ W (*) 

BR .... 40°07.20′ N 68°38.40′ W (*) 

BQ ... 40°06.90′ N 68°46.50′ W (*) 

BP .... 40°08.70′ N 68°49.60′ W (*) 

BO ... 40°08.10′ N 68°51.00′ W (*) 

BN .... 40°05.70′ N 68°52.40′ W (*) 

BM ... 40°03.60′ N 68°57.20′ W (*) 

BL .... 40°03.65′ N 69°00.00′ W (*) 

BK .... 40°04.35′ N 69°00.50′ W (*) 

TABLE 4 TO PARAGRAPH (e)(2)— 

Continued 

Point Latitude Longitude Note 

BJ .... 40°05.20′ N 69°00.50′ W (*) 

BI ..... 40°05.30′ N 69°01.10′ W (*) 

BH .... 40°08.90′ N 69°01.75′ W (*) 

BG ... 40°11.00′ N 69°03.80′ W (*) 

BF .... 40°11.60′ N 69°05.40′ W (*) 

BE .... 40°10.25′ N 69°04.40′ W (*) 

BD .... 40°09.75′ N 69°04.15′ W (*) 

BC .... 40°08.45′ N 69°03.60′ W (*) 

BB .... 40°05.65′ N 69°03.55′ W (*) 

BA .... 40°04.10′ N 69°03.90′ W (*) 

AZ .... 40°02.65′ N 69°05.60′ W (*) 

AY .... 40°02.00′ N 69°08.35′ W (*) 

AX .... 40°02.65′ N 69°11.15′ W (*) 

AW ... 40°00.05′ N 69°14.60′ W (*) 

AV .... 39°57.80′ N 69°20.35′ W (*) 

AU .... 39°56.75′ N 69°24.40′ W (*) 

AT .... 39°56.50′ N 69°26.35′ W (*) 

AS .... 39°56.80′ N 69°34.10′ W (*) 

AR .... 39°57.85′ N 69°35.15′ W (*) 

AQ ... 40°00.65′ N 69°36.50′ W (*) 

AP .... 40°00.90′ N 69°37.30′ W (*) 

AO ... 39°59.15′ N 69°37.30′ W (*) 

AN .... 39°58.80′ N 69°38.45′ W (*) 

AM ... 39°56.20′ N 69°40.20′ W (*) 

AL .... 39°55.75′ N 69°41.40′ W (*) 

AK .... 39°56.70′ N 69°53.60′ W (*) 

AJ .... 39°57.55′ N 69°54.05′ W (*) 

AI ..... 39°57.40′ N 69°55.90′ W (*) 

AH .... 39°56.90′ N 69°57.45′ W (*) 

AG ... 39°58.25′ N 70°03.00′ W (*) 

AF .... 39°59.20′ N 70°04.90′ W (*) 

AE .... 40°00.70′ N 70°08.70′ W (*) 

AD .... 40°03.75′ N 70°10.15′ W (*) 

AC .... 40°05.20′ N 70°10.90′ W (*) 

AB .... 40°02.45′ N 70°14.10′ W (*) 

AA .... 40°02.75′ N 70°16.10′ W (*) 

* * * * * 

■ 10. Revise § 697.24 to read as follows: 

§ 697.24 Exempted waters for Maine State 

American lobster permits. 

A person or vessel holding a valid 

permit or license issued by the State of 

Maine that lawfully permits that person 

to engage in commercial fishing for 

American lobster may, with the 

approval of the State of Maine, engage 

in commercial fishing for American 

lobsters in the following areas 

designated as EEZ, if such fishing is 

conducted in such waters in accordance 

with all other applicable Federal and 

State regulations: 

(a) West of Monhegan Island in the 

Federal waters located north of the line 

from 43°42.17′ N lat., 69°34.27′ W long. 

to 43°42.25′ N lat., 69°19.30′ W long. 

(b) East of Monhegan Island in the 

federal waters located northwest of the 

line from 43°44′ N lat., 69°15.08′ W 

long. to 43°48.17′ N lat., 69°8.02′ W 

long. 

(c) South of Vinalhaven in the federal 

waters located west of the line from 

43°52.61′ N lat., 68°40.00′ W long. to 

43°58.12′ N lat., 68°32.95′ W long. 

(d) South of Boris Bubert Island in the 

federal waters located northwest of the 

line from 44°19.27′ N lat., 67°49.50′ W 

long. to 44°23.67′ N lat., 67°40.50′ W 

long. 

■ 11. In § 697.27, revise paragraph 

(a)(2)(vi) to read as follows: 

§ 697.27 Trap transferability. 

(a) * * * 

(2) * * * 

(vi) Trap allocations may be 

transferred in any increment. 

* * * * * 

[FR Doc. 2023–21466 Filed 9–29–23; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1