[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Proposed Rules]
[Pages 70841-70842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30310]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[I.D. 112100A]


American Lobster Fishery Management

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meetings; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has prepared a draft supplemental environmental impact 
statement (DSEIS) which identifies several preferred management actions 
and alternatives for the American lobster fishery in Federal waters. 
These measures are based upon recommendations in Addendum 1 to 
Amendment 3 of the Interstate Fishery Management Plan for American 
Lobster (ISFMP) made by the Atlantic States Marine Fisheries Commission 
(Commission) for management of the American lobster resource in Federal 
waters. NMFS will hold public meetings to receive comments on the 
biological, economic, and social impacts addressed in the DSEIS.

DATES: Written comments on the preferred lobster management measures 
and alternatives discussed in the DSEIS must be received at the 
appropriate address or facsimile (fax) number (see ADDRESSES), no later 
than 5 p.m., eastern standard time, on Tuesday, January 9, 2001. Also, 
verbal comments may be presented at public meetings which are scheduled 
to be held from Tuesday, December 12 through Friday, December 15, 2000, 
in Maine, Rhode Island, New York and New Jersey. See SUPPLEMENTARY 
INFORMATION for times and locations of the meetings and special 
accommodations.

ADDRESSES: Written comments and direct requests for copies of the 
lobster public meeting document and DSEIS should be sent to the State, 
Federal and Constituent Programs Office, National Marine Fisheries 
Service, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298. Comments may also be sent via fax to (978) 281-9117. Comments 
submitted via email or Internet will not be accepted.

FOR FURTHER INFORMATION CONTACT: Peter Burns, NMFS, Northeast Region, 
telephone (978) 281-9144, fax (978) 281-9117.

SUPPLEMENTARY INFORMATION: NMFS is considering several new management 
measures for the American lobster fishery in Federal waters in response 
to the Commission's recommendations in Addendum 1 to Amendment 3 of the 
ISFMP. Specifically, NMFS is considering a preferred alternative to 
control fishing effort in the lobster trap fishery in LCMAs 3, 4 and 5 
by limiting access to only those Federal permit holders who can 
substantiate a history of trap fishing in these areas. The eligibility 
criteria for access to these management areas would be based upon 
industry advice developed by the ISFMP's lobster conservation 
management teams. In LCMA 3, eligible permit holders would have to meet 
all of the following criteria:
    1. Possession of a current Federal limited access lobster permit.
    2. Provision of documentation to demonstrate a history of 2 
consecutive calendar-months of active lobster trap fishing in LCMA 3 in 
any calendar year during the March 25, 1991 through September 1, 1999 
qualification period (qualification period). A history of active trap 
fishing is defined as the fishing of at least 200 traps set in LCMA 3 
for the duration of the 2-month qualifying period. Documentation may 
include copies of vessel logbooks, state or Federal Fishing Trip 
Reports, permit applications, or any other form of certification that 
denotes area fished and harvest information.
    3. Provision of sales receipts or records showing the landing of at 
least 25,000 lb (11,370 km) of lobster from any area throughout the 
range of the resource during the year used as the qualifying year 
referenced in the preceding paragraph (Criterion number 2).
    Under the preferred alternative Federal permit holders who qualify 
for participation in LCMA 3 based on the preceding criteria would be 
required to submit a signed affidavit to NMFS certifying the number of 
traps they have historically fished in LCMA 3. Qualifying permit 
holders would be restricted to the number of traps they have 
historically fished in that area, but limited to no more than 3,250 
traps, and would be required to comply with annual trap reductions over 
a 5-year period.
    In LCMA 4 and LCMA 5, the preferred alternative would require 
eligible permit holders to meet all of the following criteria to 
participate in the trap fishery in either of these areas:
    1. Possession of a current Federal limited access lobster permit.
    2. Provision of documentation to demonstrate a history of 2 
consecutive

[[Page 70842]]

calendar-months of active lobster trap fishing in LCMA 4 and/or LCMA 5 
in any calendar year during the qualification period. A history of 
active trap fishing is defined as the fishing of at least 200 traps set 
for the duration of the 2-month qualifying period. Documentation may 
include copies of vessel logbooks, state or Federal Fishing Trip 
Reports, permit applications, or any other form of certification that 
denotes area fished and harvest information.
    As with LCMA 3, permit holders who qualify for participation in 
LCMA 4 or LCMA 5 would be required to provide NMFS with a signed 
affidavit of the number of traps they have historically fished in the 
elected area(s) during the qualification period. Trap allocations for 
each qualifying permit holder would be based on the number of traps 
designated in the signed affidavit. Unlike the preferred alternative's 
provisions for LCMA 3, there would be no maximum trap limit or annual 
trap reduction schedule for LCMA 4 or LCMA 5.
    Alternatives to this action include: (1) maintaining the current 
management scenario requiring lobster trap fishers to designate 
specific LCMAs for trap fishing and abide by either the nearshore area 
trap limit of 800 if LCMA 4 or LCMA 5 is selected exclusively or in 
combination with any other LCMA, or the offshore area trap limit of 
1,800 if LCMA 3 is selected exclusive of any other management area; (2) 
implementing limited access in LCMAs 3, 4 and 5 based on historical 
participation, but retaining the current trap limits; and (3) 
implementing the historical participation regime but establishing a 
1,440 maximum trap limit for vessels qualifying for LCMA 4 or LCMA 5.
    The DSEIS also analyzes the impacts of a measure allowing Federal 
lobster permit holders who also hold full commercial New Hampshire 
state lobster licenses to fish an additional 400 traps in New Hampshire 
State waters. The alternative to this option would maintain the status 
quo. Specifically, it would require dual Federal and New Hampshire 
commercial lobster licensees to abide by the more restrictive Federal 
trap limit of 800 traps in state and Federal waters. It would also 
require those dual licensees who elect to fish more than the Federal 
trap limit in New Hampshire State waters to forfeit their Federal 
lobster permit.
    The third measure analyzed in the DSEIS would adjust the boundary 
lines for LCMA 1, LCMA 2, and the Outer Cape LCMA to maintain 
consistency with the ISFMP. The alternative to this preferred option 
would maintain the boundary lines for these LCMAs as they currently 
exist.
    In publishing this document, NMFS announces four public meetings to 
discuss the preferred lobster management measures and alternatives. The 
dates, times, and locations of the meetings are scheduled as follows:

Meeting Dates and Times

    1. Tuesday, December 12, 2000, 3 p.m.--Narragansett Town Hall 
Assembly Room, 25 Fifth Street, Narragansett, RI.
    2. Wednesday, December 13, 2000, 3 p.m.--Holiday Inn by the Bay, 88 
Spring Street, Portland, ME.
    3. Thursday, December 14, 2000, 4:30 p.m.--Riverhead Town Board 
Room at Town Hall, 200 Howell Ave, Riverhead, NY.
    4. Friday, December 15, 2000, 1 p.m.--Community Room at the Toms 
River Municipal Complex, 33 Washington Street, Toms River, NJ.

Electronic Access

    The lobster public meeting document and DSEIS are also accessible 
via the Internet at www.nero.nmfs.gov/ro/doc/nr.htm.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Peter Burns (see ADDRESSES) at 
least 5 days prior to the meeting date.

    Authority: 16 U.S.C. 1851 et. seq.

    Dated: November 21, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-30310 Filed 11-27-00; 8:45 am]
BILLING CODE 3510-22-S