[Federal Register Volume 63, Number 40 (Monday, March 2, 1998)]
[Rules and Regulations]
[Pages 10154-10155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5319]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 980129023-8023-01; I.D. 121997B]
RIN: 0648-AJ74


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Lobster Fishery; Interim Prohibition on Certain Vessels 
Landing Lobster in Excess of Specified Limits

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

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS issues this interim final rule to implement 
Congressionally mandated regulations contained in the Sustainable 
Fisheries Act (SFA), which amended the Atlantic Coastal Fisheries 
Cooperative Management Act (Atlantic Coastal Act). The interim final 
rule implements regulations that prohibit any vessel that takes lobster 
in the Exclusive Economic Zone (EEZ) by a method other than pots or 
traps from landing lobsters (or any parts thereof) at any location 
within the United States in excess of 100 lobsters (or parts thereof) 
for each fishing trip of 24 hours, or less duration, 500 lobsters (or 
parts thereof) during any 5-day period; or 500 lobsters (or parts 
thereof) for each fishing trip of 5 days or longer.

DATES: Effective March 1, 1998. Written comments must be received on or 
before April 1, 1998. Comments will be considered by NMFS during 
separate and forthcoming proposed regulations to end overfishing of 
American lobsters by all methods of harvest in the EEZ.

ADDRESSES: Comments on the rule should be sent to, and copies of the 
environmental assessment/regulatory impact review (EA/RIR) are 
available from, Richard H. Schaefer, Chief, Staff Office for 
Intergovernmental and Recreational Fisheries, NMFS, 8484 Georgia 
Avenue, Suite 425, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Tom Meyer, Telephone 301-427-2014

SUPPLEMENTARY INFORMATION:

Background

    On October 11, 1996, the Sustainable Fisheries Act (SFA) was signed 
into law (Pub. L. 104-297). The SFA amended, among other statutes, the 
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 
et seq.). Section 404(c) of the SFA amended the Atlantic Coastal Act by 
adding a new section 810 to require that, if no regulations have been 
issued under section 804(b) of the Atlantic Coastal Act by December 31, 
1997, to implement a coastal fishery management plan for American 
lobster, the Secretary of Commerce (Secretary) shall issue interim 
regulations before March 1, 1998, that will prohibit any vessel that 
takes lobsters in the EEZ by a method other than pots or traps from 
landing lobsters (or any parts thereof) at any location within the 
United States in excess of 100 lobsters (or parts thereof) for each 
fishing trip of 24-hours, or less duration, 500 lobsters (or parts 
thereof) during any 5-day period, or 500 lobsters (or parts thereof) 
for a trip of 5 days or longer. Additionally, the Secretary, before 
January 1, 1998, shall monitor, on a timely basis, landings of American 
lobster, and, if the Secretary determines that catches from vessels 
that take

[[Page 10155]]

lobsters in the EEZ by a method other than pots or traps have increased 
significantly, then the Secretary may, consistent with the national 
standards in section 301 of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act)(16 U.S.C. 1801) and after 
opportunity for public comment and consultation with the Atlantic 
States Marine Fisheries Commission (ASMFC), implement regulations under 
section 804(b) of the Atlantic Coastal Act that are necessary for the 
conservation of American lobster. Regulations issued under section 810 
of the Atlantic Coastal Act shall remain in effect until the Secretary 
implements regulations under section 804(b) of the Atlantic Coastal Act 
to implement a coastal fishery management plan for American lobster.

Discussion

    The ASMFC's Amendment 3 to the Fishery Management Plan for American 
Lobster (Lobster Plan) was approved by ASMFC on December 12, 1997. NMFS 
participated in the development of the Lobster Plan, and, therefore, 
until the Lobster Plan was completed, could not develop regulations 
compatible with ASMFC's plan under section 804(b) of the Atlantic 
Coastal Act. Since approval of Amendment 3, NMFS has begun developing 
regulations under section 804(b) of the Atlantic Coastal Act, but these 
regulations will not be in place by March 1, 1998. Therefore, the 
Congressionally mandated interim regulations contained herein are being 
issued under section 810(a) of the Atlantic Coastal Act until 
regulations under section 804(b) are completed. These interim 
regulations will be one of the alternatives assessed in developing 
regulations under section 804(b).
    This interim final rule consists of definitions of terms and three 
prohibitions that apply to vessels that take lobsters in the EEZ by any 
method other than pots or traps. The first prohibition applies to 
fishing trips of 24 hours, or less in duration, and implements a 
landing limit of 100 lobsters, or parts thereof, for each such trip. 
The second prohibition applies to any 5-day period, and implements a 
landing limit of 500 lobster, or parts thereof. The third prohibition 
applies to fishing trips longer than 5 days and implements a 500 
lobster, or parts thereof, landing limit for any trip longer than 5 
days. This interim final rule does not supersede the existing 
regulations under the Magnuson-Stevens Act that appear at 50 CFR part 
648 and 649, including applicability to vessels that have lobster 
permits under 50 CFR 649.4.

Classification

    This rule is consistent with 5107b of the Atlantic Coastal 
Fisheries Cooperative Management Act.
    Under authority of 5 U.S.C 553(b)(B), NMFS is waiving the 
requirement to provide prior notice and an opportunity for public 
comment as these procedures are unnecessary. This rule and its 
provisions are mandated by the Atlantic Coastal Fisheries Cooperative 
Management Act (16 U.S.C. 5101 et seq.). NMFS has no discretion in 
implementing the provisions of this statute; therefore, prior notice 
and comment are unnecessary, as NMFS has no authority to alter any 
provisions of the statute. However, NMFS is requesting comments on this 
rule for consideration during the development of separate and 
forthcoming proposed regulations to end overfishing of American 
lobsters by all methods of harvest in the EEZ. Pursuant to 5 U.S.C. 
553(d)(3), the Assistant Administrator for Fisheries, NOAA, finds for 
good cause that a full 30-day delay in the effective date of this rule 
is unnecessary because the possession limits implemented herein are not 
a requirement for which regulated entities require time to come into 
compliance.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 553, or any law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Therefore, no initial regulatory flexibility 
analysis was prepared.
    This interim final rule has been determined to be not significant 
for purposes of E.O. 12866.

List of Subjects in 50 CFR Part 697

    Administrative practice and procedure, Fisheries, Fishing.

    Dated: February 25, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
    For the reasons set out in the preamble, 50 CFR part 697 is 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. 1851 note; 16 U.S.C. 5101 et seq.

    2. In Sec. 697.2, definitions for ``American lobster,'' ``Fishing 
trip,'' ``Parts thereof,'' ``Pot or Trap,'' are added, in alphabetical 
order, to read as follows:


Sec. 697.2  Definitions.

* * * * *
    American lobster orlobster means the species Homarus americanus.
* * * * *
    Fishing trip or trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
* * * * *
     Parts thereof means any part of an American lobster.
* * * * *
    Pot or Trap means any structure or other device that, other than a 
net, is placed on the ocean bottom and is designed to or is capable of 
catching lobsters.
* * * * *
    3. In Sec. 697.6, paragraph (c) is added to read as follows:


Sec. 697.6  Prohibitions.

* * * * *
    (c) American Lobster fishery. In addition to the prohibitions set 
forth in Sec. 600.725 of this chapter and the restrictions set forth in 
Sec. 648.80 of this chapter, it is unlawful for a vessel that has a 
vessel permit issued under 50 CFR 649.4, that takes lobsters by any 
method other than pots or traps, or that takes lobsters on a fishing 
trip in the EEZ by any method other than pots or traps to do any of the 
following:
    (1) For each fishing trip of 24 hours or less duration, land 
American lobsters in excess of 100 lobsters, or parts thereof.
    (2) During any 5-day period, land American lobsters in excess of 
500 lobsters, or parts thereof.
    (3) For each fishing trip of 5 or more days duration, land American 
lobsters in excess of 500 lobsters, or parts thereof.
[FR Doc. 98-5319 Filed 2-25-98; 3:11 pm]
BILLING CODE 3510-22-F