[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12360]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 649

[Docket No. 940366-4143; I.D. 051094A]
RIN 0648-AF39

 

American Lobster Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement one of the 
conservation and management measures in Amendment 5 to the Fishery 
Management Plan for the American Lobster Fishery (FMP). This final rule 
maintains the current 3\1/4\-inch (8.26-cm) minimum carapace length, 
thus rescinding the scheduled increases in the minimum size limit. The 
intent of this rule is to relieve a regulatory burden.

EFFECTIVE DATE: May 17, 1994.

ADDRESSES: Copies of Amendment 5, its regulatory impact review (RIR), 
initial regulatory flexibility analysis (IRFA), and the final 
supplemental environmental impact statement (FSEIS) are available from 
Douglas G. Marshall, Executive Director, New England Fishery Management 
Council, Suntaug Office Park, 5 Broadway (U.S. Rte. 1), Saugus, MA 
01906, telephone 617-565-8937.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
508-281-9273.

SUPPLEMENTARY INFORMATION: Amendment 5, with some exceptions, was 
approved by NMFS on May 11, 1994. Background to the amendment was 
discussed in the proposed rule (59 FR 11029, March 9, 1994), and is not 
repeated here. The following measures were disapproved on May 11, 1994: 
(1) The division of the fleet into vessel permit categories, (2) the 
limits on lobster landings according to a vessel's permit category and 
the quota for vessels that operate gear other than lobster pots, and 
(3) mandatory reporting.
    NMFS is implementing the approved measures of Amendment 5 by two 
separate final rules. This final rule implements one of the measures 
that was approved, which is to maintain the minimum carapace length for 
lobsters at the current size of 3\1/4\ inches (8.26 cm). Thus, this 
rule prevents the incremental increases in the minimum carapace length 
that are currently in the regulations and scheduled to go into effect 
on May 18, 1994, and subsequent dates. The second rule, which is 
scheduled to be published within the next 3 weeks, will implement the 
remaining approved provisions of Amendment 5. The second rule will 
discuss the comments and responses on the measures contained in that 
rule, and will explain the reasons for disapproving three provisions of 
Amendment 5. Publication of the first rule will not affect the purpose 
or impact of the other approved Amendment 5 measures.

Comments and Responses

    Comment: One industry association and one individual stated that 
the American lobster carapace length increases required in Amendment 2 
proved to be effective in protecting small, immature lobsters and egg-
bearing females and are preferable to the new management measures, 
which they oppose.
    Response: The minimum carapace length requirement remains a primary 
management measure for American lobster. However, the lobster resource 
has been determined to be overfished and the remaining 2 carapace 
length increases required under the existing regulations would not 
alone have prevented overfishing. Therefore, measures to reduce effort 
in the fishery are required. These new measures will be developed in 
detail by the effort management teams (EMTs) whose mandate is to make 
recommendations to the Council on management measures to achieve the 
objectives of the FMP. The EMTs have been given 6 months from the 
effective date of the second final rule to submit recommendations to 
the Council. The Council will have one year from the effective date of 
the second rule to submit management measures that will achieve the 
FMP's objective to reduce fishing mortality. NMFS has informed the 
Council that if the EMTs do not meet the schedule for making 
recommendations to the Council for measures to reduce fishing effort 
that will effect a reduction in fishing mortality, NMFS intends to 
initiate a process to withdraw the FMP.

Changes From the Proposed Rule

    The proposed rule published a proposed revision of 50 CFR part 649 
in its entirety, as it would have appeared if all of Amendment 5 were 
approved. Because this final rule implements only one measure of 
Amendment 5, it amends only the current language in Sec. 649.20(b). 
When the remaining measures in Amendment 5 are implemented, the entire 
part, as amended, will appear in that final rule in the Federal 
Register.

Classification

    The Council prepared an FSEIS for Amendment 5 that was filed by the 
Environmental Protection Agency with the Office of the Federal 
Register. The Assistant Administrator for Fisheries, NOAA, (AA), has 
determined, upon review of the FSEIS and public comments, that the 
preferred alternative of Amendment 5 versus the status quo is 
environmentally preferable. The FSEIS demonstrates that the preferred 
alternative contains management measures to rebuild the American 
lobster stock, provides positive economic and social benefits to the 
fishing industry in the long term, and provides balance in the 
ecosystem in terms of the American lobster resource.
    The General Counsel of the Department of Commerce certified to the 
Small Business Administration when this rule was proposed that it would 
not have a significant impact on a substantial number of small 
entities. The measures in Amendment 5 will not result in a reduction of 
annual gross revenues of more than 5 percent. Annual compliance costs 
are not expected to increase total costs by more than 5 percent and are 
not expected to be substantially higher for small, as compared to 
large, business entities. They will not force more than 2 percent of 
small business entities to cease business operations.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because this rule relieves a restriction, the AA finds that under 
section 553(d) of the Administrative Procedure Act, there is no need to 
delay the rule's effective date for 30 days.

List of Subjects in 50 CFR Part 649

    Fisheries.

    Dated: May 16, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 649 is amended 
as follows:

PART 649--AMERICAN LOBSTER FISHERY

    1. The authority citation for part 649 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 649.20, paragraph (b) is revised to read as follows:


Sec. 649.20  Harvesting and landing requirements.

* * * * *
    (b) Carapace length. (1) The minimum carapace length for all 
American lobsters harvested in or from the EEZ is 3\1/4\ inches (8.26 
cm).
    (2) The minimum carapace length for all American lobsters landed, 
harvested, or possessed at or after landing by vessels issued a Federal 
American lobster permit, is 3\1/4\ inches (8.26 cm).
* * * * *
[FR Doc. 94-12360 Filed 5-17-94; 2:34 pm]
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