41084 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 

dynamometer, will be used instead of 

ASM testing, the requirement is no 

longer necessary because the risks that 

gave rise to it no longer exist. No 

emissions impact will result from these 

changes. 

EPA has made the preliminary 

determination that these revisions to 

Rule 391–3–20–.09 have no impact on 

emissions and are consistent with CAA 

requirements. 

F. Rule 391–3–20–.11, ‘‘Inspector 

Qualifications and Certification’’ 

The April 30, 2021, submittal amends 

Rule 391–3–20–.11, ‘‘Inspector 

Qualifications and Certification,’’ to 

remove references to ‘‘newer’’ vehicles, 

specifically in 391–3–20–.11(4) and (7). 

As described above, the distinction 

between ‘‘newer’’ and ‘‘older’’ vehicles 

is obsolete. The submittal specifically 

removes language that specifies 

requirements for inspectors who hold 

certificates that authorize them to only 

work on ‘‘newer’’ vehicles. As ‘‘newer’’ 

vehicle only certificates will no longer 

exist, the result of this removal will 

mean that inspectors will receive a 

certificate that authorizes them to 

inspect all vehicles. 

EPA has made the preliminary 

determination that this revision to Rule 

391–3–20–.11 has no impact on 

emissions and is consistent with CAA 

requirements. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 40 CFR 51.5, and as 

explained in Sections I through IV of 

this preamble, EPA is proposing to 

incorporate by reference Georgia Rules 

391–3–20–.01—Definitions; 391–3–20– 

.04—Emission Inspection Procedures; 

391–3–20–.05—Emission Standards; 

391–3–20–.07—Inspection Equipment 

System Specifications; 391–3–20–.09— 

Inspection Station Requirements; and 

391–3–20–.11—Inspector Qualifications 

and Certification, all of which have an 

effective date of April 13, 2021, into the 

Georgia SIP. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

VI. Proposed Action 

EPA is proposing to approve the 

aforementioned changes to the Georgia 

SIP. Specifically, EPA is proposing to 

approve the changes to Georgia Rules 

391–3–20–.01—Definitions; 391–3–20– 

.04—Emission Inspection Procedures; 

391–3–20–.05—Emission Standards; 

391–3–20–.07—Inspection Equipment 

System Specifications; 391–3–20–.09— 

Inspection Station Requirements; and 

391–3–20–.11—Inspector Qualifications 

and Certification into the Georgia SIP. 

EPA has made the preliminary 

determination that these changes have 

no impact on emissions and are 

consistent with CAA requirements. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 30, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–14537 Filed 7–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 697 

[Docket No. 220701–0149] 

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: Proposed rule; request for 

comments. 

SUMMARY: Based on the Atlantic States 

Marine Fisheries Commission’s 

recommendations, we are proposing to 

establish individual and aggregate trap 

caps in Lobster Conservation 

Management Areas 2 and 3, and 

institute mandatory coastwide 

electronic harvester reporting for all 

Federal lobster vessels. The proposed 

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 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 41085 

stock. The proposed 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 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: Comments must be received on 

or before August 10, 2022. 

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). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to (enter office 

name) and to www.reginfo.gov/public/ 

do/PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Allison Murphy, Fishery Policy Analyst, 

(978) 281–9122. 

SUPPLEMENTARY INFORMATION: 

Background 

Statutory Authority 

The proposed regulations would 

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.), which states, in the absence of an 

approved and implemented Fishery 

Management Plan under the MagnusonStevens 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; 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 the proposed action is 

to manage the American lobster fishery 

in a manner that maximizes 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. We request public 

comment and data on the potential 

impact of the proposed provisions given 

the need for compatibility with state 

measures and the need to address the 

declining SNE American lobster stock. 

Background 

The American lobster fishery is 

managed by the Commission under 

Amendment 3 to the Interstate Fishery 

Management Plan for American Lobster. 

Since 1997, the Commission has 

coordinated the efforts of the states and 

Federal Government toward sustainable 

management of the American lobster 

fishery. We manage the portion of the 

fishery conducted in Federal waters 

from 3 to 200 miles offshore, based on 

management recommendations made by 

the Commission. 

The American lobster management 

unit is divided between two lobster 

stocks and seven Lobster Conservation 

Management Areas. There have been a 

number of stock assessments over the 

last decade—the most recent being in 

2020—but the 2009 stock assessment 

was a critical starting point for much of 

what is being proposed in this action. 

The 2009 stock assessment indicated 

that the SNE American lobster stock, 

which includes all or part of six Areas, 

was at a low level of abundance and was 

experiencing persistent recruitment 

failure caused by a combination of 

environmental factors and continued 

fishing mortality. The 2015 and 2020 

assessments have since yielded similar 

results. 

To address the poor condition of the 

SNE stock, the Commission adopted 

Addenda XXI and XXII in 2013 as part 

of an attempt to scale the SNE fishery 

to the diminished size of the SNE 

resource. These addenda were 

developed to address latent effort in the 

fishery and, by reducing trap limits to 

reduce harvest, allow for potential stock 

rebuilding. We temporarily delayed this 

rulemaking action from 2016 through 

2017 because the Commission was 

contemplating additional measures to 

address the poor condition of the SNE 

stock in Addendum XXV. We did not 

want to initiate a regulatory regime that 

the Commission might eventually seek 

to rescind. Ultimately, the Commission 

abandoned Addendum XXV. We again 

began development of Federal waters 

Addenda XXI and XXII measures. 

While we were developing this action, 

the Commission adopted Addendum 

XXVI in February 2018, which aimed at 

improving harvester reporting and 

biological data collection in state and 

Federal waters. Addendum XXVI 

intends to improve the spatial 

resolution of harvester data, improve 

and expand the collection of fishery 

effort data, and obtain better data on the 

offshore fishery and lobster stock 

through increased biological sampling. 

This proposed rule also seeks to 

implement elements of Addendum 

XXVI into Federal regulations. Copies of 

the addenda are available on the 

Commission’s website at: https://

www.asmfc.org. 

Proposed Measures 

Area 2 Measures 

In Area 2, we propose an ownership 

cap that would restrict a Federal permit 

holder to 800 active Area 2 traps, 

effective on May 1, 2024. This measure 

complements the Commission’s Area 2 

recommendations in Addendum XXI, 

but does not propose 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, which were completed 

as of May 1, 2021. We request comment 

on whether these proposed measures 

meet the Commission’s intent, given the 

current state of the Area 2 fishery. 


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41086 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 

When approved by the Commission in 

2013, Addendum XXI included three 

main provisions for the Area 2 fishery: 

1. A ‘single ownership or individual 

permit cap’ that would allow an entity, 

in this case a Federal vessel, an 

allocation of no more than 1,600 traps 

(800 active traps and 800 banked traps). 

In effect, this would allow for the 

banking of traps above and beyond the 

Area’s maximum trap cap under one 

permit. 

2. An ‘aggregate ownership cap’ 

intended to reduce the chance of any 

entity exerting significant control over 

the markets and to maintain cultural 

and geographic diversity in the fishery 

that would limit each entity to an 

allocation of not more than 1,600 Area 

2 lobster traps (800 active and 800 

banked), regardless of the overall 

number of permits held by a single 

entity. The addendum did not provide 

a specific definition of an entity, but we 

propose below to use a definition that 

is consistent with the definition used in 

other federally managed Greater 

Atlantic Regional Fisheries Office 

(GARFO) fisheries; and 

3. A ‘sunset provision’ for the single 

ownership cap, which would revert the 

allocation cap to no more than 800 Area 

2 traps, effective two years after the last 

Addendum XVIII trap reduction (May 1, 

2023). 

The Commission intended its Area 2 

measures to allow a permit holder the 

ability to acquire a total of 1,600 Area 

2 lobster traps (800 active and 800 

‘banked’) on one permit by purchasing 

traps in excess of the 800 active-trap 

limit through the annual trap transfer 

program. As the Area 2 allocations were 

reduced by annual 2016–2021 trap cuts, 

the permit holder could activate these 

excess or ‘banked’ traps to maintain 

their vessel’s former allocation of 

fishable traps, without incurring a 

repeated 10-percent conservation tax 

associated with the trap transfer 

program (although the 10-percent 

conservation tax would nevertheless 

apply when initially purchased). When 

the trap reductions were completed, the 

sunset clause was intended to give 

permit holders two years to make any 

final adjustments to their active 

allocations using banked traps. After the 

two-year adjustment period, banked 

traps would be eliminated and a permit 

holder would be limited to the active 

allocations associated with their Area 2 

permits, not to exceed 800 Area 2 traps, 

as the ownership cap would revert to 

800 traps. This was intended to 

eliminate from the fishery any unused 

or latent traps that had been banked and 

revert Area 2 to an owner/operator 

fishery. Permit holders could still use 

the Trap Transfer Program after banking 

is eliminated to make further 

adjustments to their active trap 

allocations through purchase or sale 

agreements with other Federal lobster 

permit holders. 

Given that the annual 2016–2021 trap 

reductions are complete, trap ‘banking’ 

provisions of Addendum XXI are no 

longer a necessary element of the Area 

2 management plan. Our proposed 

ownership cap of 800 active Area 2 

traps, effective on May 1, 2024, 

incorporates elements of the Addendum 

XXI within the current context of the 

fishery. Despite excluding the now-moot 

banking recommendation, this proposed 

cap makes an effort to realize the 

ultimate desired outcome of Addendum 

XXI: Implementing the ‘aggregate 

ownership cap’ by restricting an entity 

holding an Area 2 permit, defined as 

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 vessel, to 800 active Area 2 traps at the 

end of a two-year adjustment period. 

The Addendum also included a 

provision whereby an entity owning two 

or more permits (i.e., 1,600 traps) would 

be allowed to retain those permits and 

traps, but may not own or share 

ownership of any additional permits. 

The provisions of Addendum XXI 

allow a two-year sunset clause, whereby 

all banked allocation is eliminated. 

With banking no longer a necessary 

element of the Area 2 plan, the sunset 

clause will not act to eliminate residual 

allocation, but here we consider its 

implementation as a means of offering 

another tool for adjusting allocations 

prior to finalizing the active ownership 

cap. Therefore, the proposed rule would 

cap all entities at 800 active traps two 

years after the last wave of trap 

reductions (i.e., May 1, 2024), regardless 

of the number of individual permits 

owned. This option would further 

restrict the fishery by establishing a de 

facto owner/operator fishery. That is, a 

single entity would be restricted to fish 

no more than 800 traps, regardless of 

how many permits they owned. In other 

words, this action would not take away 

federal lobster permits, but an entity 

would be limited to fishing no more 

than 800 traps no matter how many 

Federal lobster permits the entity 

owned. 

Addendum XXI originally included a 

provision that would allow an entity 

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

traps) as of 2003 to retain those permits 

and traps, but they would not be 

allowed to expand further by owning or 

sharing ownership of any additional 

permits. Our analysis indicates that, as 

of 2018, only five entities with Area 2 

permits exceeded this limit of two or 

more permits. Given that the vast 

majority of the Area 2 fishery remains 

owner/operator, these five entities are 

an extremely small portion of the 

fishery and allowing them to fish at 

status quo levels will not undermine the 

purpose and need for this rule. We 

propose to allow all five entities to 

retain these permits and traps, but 

prevent these entities from ownership in 

additional permits and traps. We believe 

these proposed Area 2 measures are 

consistent with the Commission’s intent 

to maintain an owner/operator fishery 

without unnecessarily restricting entry 

and exit of operators or negatively 

affecting fishing communities in Area 2 

and request specific comment on this 

proposal. 

Area 3 Measures 

In Area 3, we propose a reduction of 

the existing active trap cap from 1,945 

traps to 1,548 traps, over the course of 

three fishing years (i.e., 2023, 2024, and 

2025). We also propose establishing an 

aggregate ownership cap that would 

continue to allow a permit holder to 

accumulate and hold as many permits 

as they desired, but that would 

nevertheless cap the number of traps a 

permit holder could fish to the 

equivalent of five times the active trap 

cap. The aggregate ownership cap 

would be reduced over three years, in 

proportion to the active trap cap 

reduction, as summarized in Table 1. 

For permit holders who currently 

exceed the proposed limits, we propose 

to cap their allocations at current levels 

as of the publication of this proposed 

rule and prohibit them from exceeding 

this level. 

TABLE 1—AREA 3 ACTIVE TRAP CAP

AND AGGREGATE OWNERSHIP CAP

REDUCTIONS

Fishing 

year Active trap cap Aggregate ownership cap 

2021 (current limits) ......... 1,945 n/a 

2023 .......... 1,805 9,025 

2024 .......... 1,629 8,145 

2025 .......... 1,548 7,740 

These measures would complement 

the Commission’s recommendations in 

Addenda XXI and XXII, but do not 

propose the Area 3 measures as 

originally envisioned. The differences 

are minor and are due to the addenda’s 

intention to be implemented in 

conjunction with the 2016–2020 Area 3 

trap reductions, which were completed 


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on May 1, 2020. We request comment 

on whether these proposed measures 

meet the Commission’s intent given the 

current state of the Area 3 fishery. 

Addenda XXI and XXII included the 

following provisions for Area 3: 

1. A reduction in the active trap cap 

of 5 percent per year over five years, 

from 2,000 traps to 1,548 traps. (The 

current Federal Area 3 active trap cap is 

1,945 traps and would start from this 

slightly lower trap level.) 

2. An ‘individual permit cap’ that 

would allow a permit holder to bank 

traps in excess of the active trap cap for 

one permit. The individual permit cap 

would be lowered over five years, 

proportionate to the active trap cap 

reductions; and 

3. An ‘aggregate ownership cap’ that 

would limit each entity to an allocation 

of not more than 5 times the individual 

permit cap. The addendum did not 

provide a specific definition of an 

entity, but we propose below to use a 

definition that is consistent with the 

definition used in other federally 

managed GARFO fisheries. The 

aggregate ownership cap would be 

lowered over five years, commensurate 

with the active trap cap reductions. 

The Commission intended the active 

trap cap reductions to scale the size of 

the Area 3 fishery to the stock and to 

prevent consolidation. As with Area 2, 

the Commission intended its Area 3 

individual permit cap to allow 

harvesters the ability to acquire traps in 

excess of the active trap limit through 

the annual trap transfer program and 

activate ‘‘banked’’ traps during the 

2016–2020 trap cuts, thus maintaining 

the permit’s former allocation of 

fishable traps, without incurring an 

additional 10-percent conservation tax 

associated with the initial trap transfer. 

Finally, the aggregate ownership cap 

was intended as another tool to help 

prevent excessive consolidation of the 

Area 3 fishery. 

Given that the annual 2016–2020 trap 

reductions are complete, the individual 

permit cap or trap ‘banking’ provisions 

of Addendum XXII are no longer a 

necessary element of the Area 3 

management plan. Further, because of 

other proposed Area 3 measures that 

will limit the number of total traps a 

permit holder can own, a limit on the 

number of permits is no longer 

necessary. Therefore, we are not 

proposing an individual permit cap. 

Instead, we propose only the active 

trap cap reductions, with an aggregate 

ownership cap that is equal to five times 

the active trap cap. This differs slightly 

from the Commission’s original 

recommendation, but it nevertheless 

remains consistent with the 

Commission’s intent to limit future 

consolidation. And more to the point, it 

acts upon Addenda XXI and XXII 

recommendations within the current 

context of the fishery. If approved, 

permit holders would be allowed to use 

transferability to adjust their allocations. 

Understanding the desire by industry 

to implement these reductions as soon 

as possible, and being aware that these 

reductions count toward Area 3 risk 

reduction measures implemented in the 

Atlantic Large Whale Take Reduction 

Plan final rule (86 FR 51970, September 

17, 2021), we propose to implement 

these reductions on an accelerated 

schedule relative to the Commission’s 

recommendation, achieving the 

reductions over three years instead of 

five years. We request comment on this 

reduction schedule. 

Mandatory Reporting 

Currently, all commercial and for-hire 

fishing vessels permitted by GARFO, 

except Federal lobster permit holders, 

are required to submit vessel trip reports 

electronically within 48 hours of the 

end of a trip. We are proposing expand 

the mandatory electronic harvester 

reporting requirements to Federal 

lobster permit holders and add the 

collection of several additional data 

elements in the electronic form, no 

earlier than January 1, 2023, as 

recommended by the Commission. The 

submission of electronic vessel trip 

reports (eVTR) is being proposed to 

align the reporting requirements for 

Federal lobster permit holders with the 

existing reporting requirements for all 

other fisheries permitted by GARFO. As 

discussed above, the Commission 

adopted Addendum XXVI in February 

2018 to improve the spatial resolution of 

harvester data, to improve and expand 

the collection of fishery effort data, and 

to obtain better data on the offshore 

fishery and lobster stock through 

improved biological sampling. More 

specifically, it recommends that we 

implement a Federal mandatory 

reporting requirement as soon as 

possible, and develop and use a 

specialized, fixed-gear reporting form 

that includes data fields for improved 

spatial fishery data and fishing effort 

information. It also provides specific 

recommendations for expanded sea 

sampling and biological sampling 

requirements. We published an advance 

notice of proposed rulemaking in 2018 

(83 FR 27747, June 14, 2018) to inform 

the public that we were considering 

implementing a mandatory harvester 

reporting requirement and analyzing it 

within this action. We do not intend to 

take action on biological and sea 

sampling recommendations at this time. 

Since that time, the New England and 

Mid Atlantic Fishery Management 

Councils completed, and we 

implemented, a joint action requiring all 

vessels holding permits under their 

management authority to submit 

mandatory eVTRs. In addition to 

changing the submission method, the 

Council’s joint action advanced the 

submission requirement for all Federal 

fisheries under Council jurisdiction to 

48 hours following the completion of a 

trip. We published a final rule (85 FR 

71575) requiring electronic submission 

of VTRs for Council-managed fisheries 

on November 10, 2020, and 

implemented this requirement for all 

limited access commercial fisheries 

managed by the Councils, which 

eliminated the option to submit VTRs 

using a paper form, on November 10, 

2021. These actions, and the 

recommendations of the Commission 

and others to expand harvester reporting 

to the lobster fleet, have prompted us to 

consider a universal approach to 

revising harvester reporting 

requirements. 

Therefore, we are proposing to 

implement mandatory trip-level 

electronic harvester reporting of existing 

data elements for all Federal lobster 

permit holders, beginning January 1, 

2023, using the requirements outlined 

above. This action would implement 

consistent reporting requirements, 

methods, and timing of submission 

across all GARFO fisheries. We 

specifically request comment on the 

timing of this requirement. 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. However, 

this requirement constitutes a change 

for Federal lobster permit holders. 

Providing sufficient time between this 

notice and implementation will be 

essential to ensure compliance with this 

new requirement. Thus, we request 

comment on an implementation date 

that balances the need for this data with 

sufficient time for industry to prepare. 

This rule also proposes the collection 

of several additional data elements in 

the electronic form, no earlier than 

January 1, 2023. In addition to the 

existing reporting elements of the 

Federal VTR, Addendum XXVI 

recommended that we collect 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 


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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. 

We are able to derive the lobster 

management area and 10-minute square 

fished using the latitude/longitude 

information already collected on the 

eVTR. Similarly, trip length can be 

derived using the difference between 

date/time landed and date/time sailed, 

fields that are already collected on the 

eVTR. We believe that the collection of 

this information is redundant and 

therefore contrary to public interest to 

collect. Therefore, we are not proposing 

to collect these data elements; however, 

these derived data could be made 

available to the ACCSP data warehouse. 

We specifically request comment on the 

utility of these data elements and on the 

proposal to not collect these data 

elements. 

Given Addendum XXVI and the 

March 8, 2021, recommendations, we 

propose the collection of the following 

additional information: 

Data element Description 

Total number 

of traps 

hauled by 

chart area.

This data element includes 

the direct collection of the 

number of traps hauled in 

a chart area. This data 

element could be calculated from data that is 

currently collected, but has 

been recommended for direct collection. 

Number of 

traps in 

chart area 

fished.

In addition to total number of 

traps in the water already 

on the VTR, this data element includes the direct 

collection of the number of 

traps in a given chart area 

at the beginning of each 

trip. 

Average number of traps 

per string 

hauled in the 

chart area 

fished.

In addition to average number of traps per string already on the VTR, this 

data element includes the 

average number of traps 

per string in the chart area 

fished. 

Data element Description 

Number of 

buoy lines in 

the chart 

area fished.

This data element includes 

the direct collection of the 

number of buoy lines in a 

given chart area at the beginning of each trip. 

Total number 

of buoy lines 

in the water.

This data element includes 

the direct collection of the 

total number of buoy lines 

in the water. 

We are proposing to require the 

additional data elements no sooner than 

January 1, 2023. A potential delay in 

implementation may be necessary to 

provide sufficient time to complete 

regional and ACCSP database and 

programming modifications by vendors 

for all currently approved and pending 

eVTR applications. We request 

comment on this delay in data 

collection for Federal lobster permit 

holders. 

Proposed Corrections 

We intend to use this rule to make 

several regulatory corrections. We 

intend to remove several regulations 

that are no longer necessary, 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 propose to make 

corrections to 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 in any 

increment to be transferred. 

Classification 

The NMFS Assistant Administrator 

has determined that this proposed 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, subject to further consideration 

after public comment. 

This proposed rule has been 

determined to be significant for 

purposes of Executive Order 12866. 

Regulatory Flexibility Act 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

summary of the analysis follows. A copy 

of this analysis is available from NMFS 

(see ADDRESSES). 

Description of the Reasons Why Action 

by the Agency is Being Considered 

In response to the continued decline 

of the SNE lobster stock, the 

Commission approved Addenda XXI 

and XXII to revise the Areas 2 and 3 

management programs. In addition, the 

Commission approved Addendum XXVI 

to improve data collection programs. 

The Commission recommended that 

Federal government to implement 

measures consistent with these 

addenda. To the extent practicable, we 

aim to implement regulations consistent 

with Commission recommendations, 

and those promulgated by our partner 

states. 

Statement of the Objectives of, and 

Legal Basis for, this Proposed Rule 

The objective of this action is to 

adjust American lobster management in 

response Addenda XXI, XXII, and XXVI 

to the American Lobster Plan. The 

purpose of the proposed measures is to 

manage the Federal lobster fishery in a 

manner consistent with: 

• The Atlantic Coastal Act; 

• the National Standards of the 

Magnuson-Stevens Act; 

• the Jonah Crab Plan; 

• states laws and regulations; 

• and other applicable Federal laws. 

The legal basis for the proposed 

action is the American Lobster Plan and 

promulgating regulations at part 697. 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed 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 pursuant to the Council action 

described above. 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 41089 

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 the proposed 

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 

the proposed action. All 2,025 business 

entities identified could be directly 

regulated by this proposed action. Of 

these 2,025 entities, 1,685 are 

commercial fishing entities, 6 are forhire 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. 

The proposed Area 2 cap of 800 traps 

is at or higher than most entities’ trap 

allocations, and all entities in excess of 

the preferred cap will be able to retain 

their current allocation. Thus, no costs 

are expected. The proposed Area 3 

ownership caps are similarly largely set 

higher than most entities’ allocations 

and all entities in excess of the preferred 

cap will be able to retain their current 

allocation. The active 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 

request comments on the assumptions 

underlying losses due to the proposal, 

including assumptions that no entities 

will go out of business due to the 

proposal and that entities are able to 

cover fixed costs on diminished 

revenues. 

Description of the Projected Reporting, 

Record-Keeping, and Other Compliance 

Requirements of This Proposed Rule 

This action contains a 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. 

Federal Rules Which May Duplicate, 

Overlap, or Conflict With This Proposed 

Rule 

This action does not duplicate, 

overlap, or conflict with any other 

federal laws. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

Most alternatives analyzed in the draft 

environmental assessment minimize 

impacts of the proposed action on small 

entities. A no action alternative was 

analyzed for Area 2, Area 3 and 

reporting measures, all of which 

maintain the status quo and do not 

increase costs. Non-preferred 

alternatives were also proposed for each 

measures. For Area 2, the non-preferred 

alternative of implementing an 

ownership trap cap of 1,600 traps was 

expected to have similar impacts, and 

thus no costs. For Area 3, non-preferred 

alternatives included alternate 

ownership caps and applying historic 

control dates to the implementation of 

the ownership caps. The alternative 

ownership caps are expected to result in 

similar impacts, as the same entities 

exceed both the preferred and nonpreferred ownership caps. The 

application of historic control dates 

would be more costly, as they would 

have impacted more traps. For harvester 

reporting, the non-preferred alternative 

included a paper reporting option 

which would have increased costs 

(associated with mailing forms). 

Given the current state of the Area 

management programs, the alternatives 

remain consistent with the 

Commission’s recommendations but do 

not consider implemented outdated 

management measures (i.e., trap 

banking). Further, the preferred 

reporting alternative would leverage 

technology to minimize the burden of 

completing and submitting/mailing 

paper Federal vessel trip reports. We 

request public comment on all 

alternatives. 

Paperwork Reduction Act 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This rule includes a temporary 

information collection. The collectionof-information requirement in this 

proposed rule relates to the collection 

under Control Number 0648–0212, 

‘‘Greater Atlantic Region Logbook 

Family of Forms.’’ However, due to 

multiple concurrent actions for that 

collection, the collection-of-information 

requirement in this proposed rule will 

be assigned a temporary Control 

Number that will later be merged into 

Control Number 0648–0212. Public 

reporting burden for eVTRs is estimated 

to average 7 minutes (0.117 hours), 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Public comment is sought regarding: 

Whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Submit 

comments on these or any other aspects 

of the collection of information at 

www.reginfo.gov/public/do/PRAMain. 


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41090 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 

Notwithstanding any other provisions 

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. 

Dated: July 5, 2022. 

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 proposed 

to be 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), 

and (d)(1); 

■ b. Remove and reserve paragraphs 

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

■ c. Revise paragraph (f)(1)(i); 

■ d. Remove paragraph (f)(1)(v); and 

■ e. 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 permit 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 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. 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 reportmust 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 begins; 

(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 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 41091 

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 at the conclusion of a trip. 

(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. 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 697 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: 

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 ..........

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: 

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: 

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: 

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 ..........

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°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: 

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: 

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 


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41092 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 

(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: 

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: 

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: 

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. In § 697.19, revise the section 

heading, paragraph (c), and add 

paragraph (m). 

§ 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, 2023, 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, 2024, 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, 2025, 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) Area 2—(i) 

The Area 2 ownership cap shall be 

restricted to no more than 1,600 

allocated traps. An entity is prohibited 

from possessing Area 2 trap allocations 

in excess of 1,600 traps. 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. An entity with an ownership 

interest above this cap on May 1, 2022 

shall not be reduced to this 1,600 trap 

cap, but may not expand their 

ownership interest beyond that which 

existed on May 1, 2022. 

(ii) Effective May 1, 2024, the Area 2 

ownership cap shall be restricted to no 

more than 800 allocated traps. An entity 

is prohibited from possessing Area 2 

trap allocations in excess of 800 traps. 

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. An entity with an ownership 

interest above this cap on May 1, 2022 

shall not be reduced to this 1,600 cap, 

but may not expand their ownership 

interest beyond that which existed on 

May 1, 2022. 

(iii) Vessel owners with an Area 2 

lobster permit in confirmation of permit 

history, and in compliance with the 

ownership restrictions in paragraph 

(m)(2)(ii) 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)(1)(i) or (ii) of this 

section. 

(2) Area 3.—(i) Effective May 1, 2023, 

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. 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. 

(ii) Effective May 1, 2024, 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. An entity shall be defined 

as any person having an ownership 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 41093 

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. 

(iii) Effective May 1, 2025, the Area 3 

ownership cap shall be restricted to no 

more than 7,740 allocated traps. An 

entity is prohibited from possessing 

Area 3 trap allocations in excess of 

7,740 traps. 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. 

(iv) Vessel owners with an Area 3 

lobster permit in confirmation of permit 

history, and in compliance with the 

ownership restrictions in paragraph 

(m)(2)(ii) 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)(1)(i) or (ii) of this 

section. 

(v) Paragraphs (m)(2)(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. 

* * * * * 

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

through (7), and remove paragraphs (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, revise paragraphs (a)(1), 

(b)(4)(i) through (iii), (c)(3) and (4), (e), 

and (f), and remove paragraphs (a)(2) 

and (c)(5), 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 


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41094 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 

the following points connected in the 

order listed by straight lines (points 

followed by an asterisk are shared with 

an adjacent Restricted Gear Area): 

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 (*) 

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 ..........

Point Latitude Longitude Note 

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 ..........

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): 

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 ..........

Point Latitude Longitude Note 

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 ..........

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): 

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 (*) 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 41095 

Point Latitude Longitude Note 

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 ..........

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): 

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 (*) 

Point Latitude Longitude Note 

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 (*) 

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. 2022–14596 Filed 7–8–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS