[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28726-28727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 0104-13093-1093-01; I.D. 032301C]
RIN 0648-AP18


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Lobster Fishery

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

ACTION: Advance Notice of Proposed Rulemaking (ANPR)

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SUMMARY: NMFS announces that it is considering, and seeking public 
comment on, revisions to Federal American lobster regulations for the 
Exclusive Economic Zone (EEZ) in response to recommendations from the 
Atlantic States Marine Fisheries Commission (ASMFC) to NMFS in Addendum 
II to Amendment 3 of the Interstate Fishery Management Plan for 
American Lobster (ISFMP). Addendum II, approved by the ASMFC on 
February 1, 2001, revises the Amendment 3-egg production schedule in 
each of seven lobster conservation management areas (LCMAs) to end 
overfishing of American lobster stocks by the end of 2008. The 
management measures defined in Addendum II to meet the egg production 
targets include a series of minimum gauge size increases (increases in 
the minimum allowable harvest size of American lobster) in five of the 
seven LCMAs, trap gear modifications, and a 4-year trap reduction 
schedule for LCMA 3.

DATES: Written comments must be received at the appropriate address or 
facsimile (fax) number (see ADDRESSES) no later than 5 p.m. Eastern 
Standard Time on or before June 25, 2001.

ADDRESSES: Written comments must be sent to: Harold C. Mears, Director, 
State, Federal, and Constituent Programs Office, Northeast Region, 
NMFS, One Blackburn Drive, Gloucester, MA 01930. Comments may also be 
sent via fax to (978) 281-9117. Comments submitted via e-mail or 
Internet will not be accepted.

FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Management 
Specialist, (978) 281-9144, fax (978) 281-9117.

SUPPLEMENTARY INFORMATION: The fishery for American lobster takes place 
from North Carolina to Maine. More than 50 percent of American lobsters 
harvested are landed in Maine, with the balance landed mostly in or 
from Massachusetts, Rhode Island, Long Island Sound and Georges Bank. 
Over 80 percent of the lobster harvest occurs in state waters, which 
extend from the coast to 3 nautical miles (5.56 km) from shore. The 
lobster fishery occurs year-round in the United States, including the 
summer and fall months when the lobsters are molting. Approximately 97 
percent of lobsters are taken in lobster traps. The rest are taken in 
trawls, gillnets, and dredges and by divers.
    Prior to December 1999, the American lobster resource was managed 
in state waters by the ASMFC under the auspices of the Atlantic Coastal 
Fisheries Cooperative Management Act (ACFCMA), and in Federal waters by 
NMFS under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). Acknowledging that 
approximately 80 percent of the American lobster harvest occurs in 
state waters, and in an effort to establish a more effective lobster 
management regime by enhancing interjurisdictional cooperation, NMFS 
issued a final rule in December 6, 1999 (64 FR 68228) for the American 
lobster fishery. That final rule removed management measures issued 
under authority of the Magnuson-Stevens Act and replaced them with the 
same and a variety of new management measures issued under the 
authority of ACFCMA. ACFCMA provides NMFS with the authority to 
implement regulations in Federal waters that are compatible with 
effective implementation of the ISFMP and consistent with the national 
standards of the Magnuson-Stevens Act. Such Federal regulations are 
promulgated pursuant to ACFCMA at 50 CFR part 697.
    Amendment 3 of the ISFMP was approved by the ASMFC in December 1997 
to achieve a healthy American lobster resource and develop a management 
regime that provides for sustained harvest, maintains opportunities for 
participation, and provides forthe cooperative development of 
conservation measures by all stakeholders. Following the May 2000 
release of an updated peer-reviewed lobster stock assessment (ASMFC 
Stock Assessment Peer Review Report No. 00-01), which revised lobster 
egg production estimates and confirmed that overfishing of lobster 
stocks is occurring throughout the species range, the ASMFC developed 
Addendum II to Amendment 3 for implementing additional measures

[[Page 28727]]

needed to rebuild American lobster stocks. Addendum II, approved by 
ASMFC in February 2001, establishes a revised egg production schedule 
to restore egg production in each LCMA to greater than the overfishing 
definition by the end of 2008. Measures under the addendum to help 
achieve this goal include a series of minimum gauge size increases and 
an increase in the minimum escape vent size of lobster trap gear fished 
in state and Federal waters of LCMA 2 (inshore Southern New England), 
LCMA 3 (offshore waters), LCMA 4 (inshore Northern Mid-Atlantic), LCMA 
5 (inshore Southern Mid-Atlantic), and the Outer Cape Management Area, 
but not LCMA 1 (Gulf of Maine) and LCMA 6 (Long Island Sound). The 
addendum also calls for a revised timeline for LCMA 3 trap reductions, 
previously approved by the ASMFC under Addendum I. By approving 
Addendum II, the states have agreed to implement the first annual LCMA-
specific gauge increases by December 31, 2001, and to implement the 
escape vent increase by 2003. On February 26, 2001, NMFS received a 
recommendation from ASMFC to implement complementary Federal measures 
for Federal waters of LCMAs 2, 4, 5, and the Outer Cape, as well as in 
LCMA 3 (comprised entirely of Federal waters).
    Specifically, the minimum allowable harvest size of American 
lobster in state waters of LCMAs 2,4,5 and the Outer Cape is scheduled 
to increase from 3 1/4 inches (in.) (8.26 cm) to 3 9/32 in. (8.33 cm) 
in 2001, and increase 1/32 in. (0.08 cm) annually until 2004 to an 
ultimate minimum size of 3 3/8 in. (8.57 cm). The ASMFC recommends that 
the gauge increases in Federal waters of LCMA 2, 4, 5, and the Outer 
Cape, as well as in LCMA 3 follow this same schedule. If the egg 
production targets of the ISFMP have not been reached by 2004, ASMFC 
further recommends additional annual increases in LCMA 3 of 1/32 in. 
(0.08 cm) until 2008, to an ultimate minimum size of 3 1/2 in. (8.89 
cm). The current minimum allowable harvest size for American lobster in 
all Federal waters is 3 1/4 in. (8.26 cm).
    Under Addendum II, states will require that each lobster trap have 
at least one rectangular escape vent measuring 2 in. (5.08 cm) by 5 3/4 
in. (14.61 cm), or at least two circular escape vents, measuring 2 1/2 
in. (6.35 cm) in diameter. The ASMFC recommends that Federal 
regulations implement these new escape vent size requirements in 
Federal waters. At the current time, Federal regulations require that 
all lobster trap gear have a rectangular portal with an unobstructed 
opening not less than 1 15/16 in. (4.92 cm) by 5 3/4 in. (14.61 cm); or 
two circular portals with unobstructed openings not less than 2 7/16 
in. (6.19 cm) in diameter.
    Also, Addendum II recommends that the trap reduction schedule 
previously adopted for LCMA 3 under Addendum I of Amendment 3 to the 
ISFMP be updated to account for the elapsed time between the two 
addenda. If implemented through Federal regulations, each LCMA 3 trap 
allocation of greater than 1200 traps would be reduced on a sliding 
scale basis over 4 years, not to fall below 1200 traps. LCMA 3 
allocations of less than 1200 traps would remain at their initial 
qualifying level and not increase from that baseline number. No 
allocation would exceed 2656 traps during the first year of 
implementation. At the end of the fourth year, the maximum number of 
traps allowed for any vessel would be 2267. At the current time, 
fishing effort in LCMA 3 is restricted to a fixed maximum limit of 1800 
traps per vessel.
    Addendum II furthermore recommends that NMFS require LCMA 3 
lobstermen to maintain vessel logs to record lobster harvest. Current 
Federal regulations do not require vessel logs. Another component of 
the addendum includes a review of management measures in all LCMAs, by 
June 2001, to determine if other measures are needed to achieve ISFMP 
stock rebuilding objectives. Any adjustments would be adopted by ASMFC 
as a separate addendum by January 2002, at which time ASMFC may 
recommend further changes to Federal regulations.
    ASMFC recommends that NMFS adopt Addendum II's revised egg 
production schedule in all EEZ areas throughout the range of the 
lobster resource and implement the associated management measures 
(gauge increases, modifications to lobster trap gear requirements and 
LCMA 3 trap reduction schedule, and vessel log reporting requirement) 
in the Federal waters of the applicable LCMAs. NMFS is considering 
proposed rulemaking to revise further the Federal lobster regulations 
to be compatible with the ASMFC's ISFMP and is seeking comments on 
implementation of the ASMFC's recommendations for Federal waters.

    Authority: 16 U.S.C. 1851 note; 16 U.S.C. 5101 et seq.

    Dated: May 17, 2001.
Clarence Pautzke,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-13076 Filed 5-23-01; 8:45 am]
BILLING CODE 3510-22-S