[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Proposed Rules]
[Pages 48086-48087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23120]



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DEPARTMENT OF COMMERCE
50 CFR Part 649

[Docket No. 950912229-5229-01; I.D. 082895B]
RIN 0648-AF39


Management Options for the American Lobster Fishery

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: NMFS is seeking comment on options for improving management of 
the American lobster fishery. Two options specifically being considered 
are withdrawing the American Lobster Fishery Management Plan (FMP) 
under the Magnuson Fishery Conservation and Management Act (Magnuson 
Act) and implementing regulations to govern the lobster fishery under 
the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA), or 
preparing a Secretarial amendment to the FMP under the Magnuson Act.

DATES: Written comments on this ANPR must be received on or before 
November 2, 1995.

ADDRESSES: Comments on the ANPR should be sent to Dr. Andrew A. 
Rosenberg, Regional Director, National Marine Fisheries Service, 
Northeast Regional Office, 1 Blackburn Dr., Gloucester, MA 01930. 
Copies of current Effort Management Team (EMT) proposals or Amendment 5 
to the American Lobster Fishery Management Plan are available from 
Douglas 

[[Page 48087]]
Marshall, Executive Director, New England Fishery Management Council, 5 
Broadway, Saugus, MA 01906-1097.

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

SUPPLEMENTARY INFORMATION:

Background

    The American lobster fishery is prosecuted primarily in state 
waters, and is managed under an FMP developed by the New England 
Fishery Management Council (Council) in consultation with the Atlantic 
States Marine Fisheries Commission (ASMFC). The primary objective of 
the FMP is to serve as a vehicle for coordinated management of the 
American lobster fishery throughout its range, which encompasses both 
inshore waters under state jurisdictions and offshore waters under 
Federal jurisdiction. Because the lobster resource supports important 
inshore fisheries for States from Maine through New Jersey, these 
States have developed regulations in compliance with the ASMFC 
Interstate Management Plan. The Federal FMP and regulations both 
strengthen and unify the state programs by implementing complementary 
measures in Federal waters.
    In 1993, an assessment of the status of the lobster resource 
determined that it is overfished. In response, the Council developed 
Amendment 5 to the FMP, which was implemented on July 20, 1994 (59 FR 
31938, June 21, 1994). Amendment 5 established a limited access permit 
system and an EMT for each of the four management areas. EMTs were made 
up of industry members, state and Federal government personnel, and 
Council staff. This approach provided a unique opportunity for members 
of the industry to participate directly in the development of 
management measures. Each EMT was required to develop a stock 
rebuilding program for its area and make recommendations to the Council 
by January 20, 1995 (50 CFR 649.43(a)). The Council would then 
determine whether to adopt or modify the EMT's recommendations, provide 
opportunity for public testimony, and submit management measures 
sufficient to achieve the objectives of the FMP to the Director, 
Northeast Region, NMFS (Regional Director), on or before July 20, 1995 
(Sec. 649.43(c)). If the Council failed to submit management measures 
sufficient to achieve the objectives of the FMP on or before July 20, 
1995, NMFS, acting on behalf of the Secretary of Commerce, was to 
determine whether to prepare an amendment to the FMP 
(Sec. 649.42(a)(3)) (Secretarial amendment).
    The EMT proposals were submitted on schedule. However, on June 28-
29, 1995, the Chair of the Council's Lobster Oversight Committee 
reported that it would not meet the July 20, 1995, deadline. In 
addition, several state directors informed the Council that they would 
be unable to implement the EMT proposals, specifically with reference 
to achieving the fishing mortality rate reduction rates and 
administration of a trap-tag system embodied in Amendment 5. 
Consequently, as called for by Amendment 5, NMFS must now consider 
whether to prepare a Secretarial amendment or take other action, which 
could include the option of withdrawal of the FMP.

Options

FMP Withdrawal

    One option available to NMFS is to withdraw the FMP and implement 
regulations under the ACFCMA. Under ACFCMA, these regulations must be: 
(1) Necessary to support the effective implementation of an ASMFC 
Interstate Fishery Management Plan and (2) consistent with the national 
standards set forth in section 301 of the Magnuson Act. These 
regulations could include continuation of the limited access permit 
system as well as implementation of the EMT proposals to the extent 
that such proposals are consistent with ACFCMA. This option would 
remove management responsibility for the lobster fishery from the 
Council's purview.

Secretarial Amendment

    A second option provided under the Magnuson Act is for NMFS to 
prepare a Secretarial amendment to the existing FMP, in accordance with 
the national standards, the other provisions of the Magnuson Act, and 
any other applicable law. The Magnuson Act provides that such action 
can be taken if the Council fails to develop and submit, after a 
reasonable period of time, any necessary amendment to an FMP, if the 
fishery requires conservation and management.
    Under this option, a Secretarial amendment could maintain current 
regulations, such as the limited access permit system, and implement 
some or all of the measures proposed by the EMTs as deemed consistent 
with the objectives of the FMP. However, without the full commitment by 
the States to implement complementary measures to an FMP amendment, the 
EMT proposals may no longer be sufficient to achieve the fishing 
mortality reduction goals. Therefore, additional measures, such as time 
and/or area closures, for federally permitted vessels would be 
considered. Under this option, the Council would have the opportunity 
to comment on a Secretarial amendment and to amend the FMP in the 
future.

Request for Comments

    NMFS is interested in receiving comments on the options explained 
above. The options discussed are not all-inclusive; suggestions for 
alternative approaches are encouraged. After consideration of the 
comments, NMFS will decide whether to proceed with any of the options 
above or other options, as appropriate.

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 5101 et seq.

    Dated: September 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-23120 Filed 9-15-95; 8:45 am]
BILLING CODE 3510-22-F