[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Proposed Rules]
[Pages 2708-2727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-835]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Parts 649 and 697



American Lobster Fishery; Exclusive Economic Zone From Maine Through 
North Carolina; Proposed Rule

  Federal Register / Vol. 64, No. 10 / Friday, January 15, 1999 / 
Proposed Rules  

[[Page 2708]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 649 and 697

[Docket No. 990105002-9002-01; I.D. 110598D]
RIN 0648-AH41


American Lobster Fishery; Exclusive Economic Zone From Maine 
Through North Carolina

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

ACTION: Proposed rule.

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SUMMARY: NMFS solicits comments on proposed regulations to implement 
proposed management measures for the American lobster fishery in the 
Exclusive Economic Zone (EEZ) from Maine through North Carolina. The 
intent of these regulations is, in combination with state regulations 
governing the American lobster fishery in non-Federal waters, to end 
overfishing and rebuild stocks of American lobsters. NMFS proposes to 
withdraw approval of the Fishery Management Plan for the American 
Lobster Fishery (FMP), to remove existing regulations issued under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) which implement that FMP, and to implement 
the existing management measures and a variety of new measures 
including designation of lobster management areas, restrictions on 
fishing gear and tagging requirements for lobster traps, under 
regulations issued under the authority of the Atlantic Coastal 
Fisheries Cooperative Management Act (ACFCMA). The proposed regulations 
are compatible with the recommendations we received from the Atlantic 
States Marine Fisheries Commission (Commission).

DATES: Comments on the proposed rule must be received by February 10, 
1999.

ADDRESSES: Comments on the rule should be sent to, and copies of 
supporting documents, including a Draft Environmental Impact Statement/
Regulatory Impact Review (DEIS/RIR) and an Initial Regulatory 
Flexibility Analysis (IRFA), are available from the Director, State, 
Federal and Constituent Programs Office, NMFS, 1 Blackburn Drive, 
Gloucester, MA 01930. Comments regarding burden estimates should be 
sent to: the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Robert Ross, NMFS, Northeast Region, 
978-281-9234.

SUPPLEMENTARY INFORMATION: NMFS proposes to withdraw approval of the 
American Lobster FMP, to remove existing regulations issued under the 
Magnuson-Stevens Act, and to issue new regulations under the ACFCMA to 
implement existing management measures and a variety of new measures. 
American lobster, Homarus americanus, from the Magnuson-Stevens Act to 
the ACFCMA by withdrawing approval of the lobster fishery management 
plan (48 FR 36368) at the same time as this rule would be implemented. 
Since the majority of the lobster fishery (approximately 80 percent) 
takes place in state waters, regulatory action in the EEZ (3 nautical 
miles [nm] to 200 nm from shore) alone, even a total moratorium on 
harvesting lobsters, would not end overfishing of the resource without 
implementation of effective management measures by state jurisdictions. 
Adequate state lobster conservation measures, therefore, are essential 
to end overfishing of American lobster. It is clear to the agency that 
it is not possible to meet the requirements of the Magnuson-Stevens Act 
without full cooperation of states with lobster fisheries, and thus a 
cooperative management partnership under the ACFCMA is preferable. 
Accordingly, NMFS is proposing Federal lobster conservation measures in 
the EEZ under the authority of the ACFCMA. Section 804(b) of ACFCMA 
authorizes the Federal government to implement regulations to govern 
fishing in the EEZ that are compatible with the effective 
implementation of a Commission American Lobster Interstate Fishery 
Management Plan (ISFMP) and consistent with the national standards set 
forth in section 301 of the Magnuson-Stevens Act. Given limitations on 
NMFS to manage the lobster resource throughout its range, NMFS has 
determined that this approach is the best option to encourage and 
expedite partnership in state and Federal jurisdictional waters in a 
time frame that minimizes the potential for a stock collapse of the 
resource and has the best potential for complying with national 
standards of the Magnuson-Stevens Act.
    The Commission approved Amendment 3 to the American Lobster ISFMP 
in December 1997. The goal of Amendment 3 is to have a healthy lobster 
resource and a management regime that provides for a sustained harvest 
of lobsters, maintains appropriate opportunities for participation, and 
provides for cooperative development of conservation measures by all 
stakeholders. Amendment 3 includes recommended measures in Federal 
waters as well as in state waters (specific measures are described 
later in this proposed rule), and it establishes a procedure whereby 
fishermen, including some who fish exclusively in Federal waters, may 
make recommendations for further management measures to meet predefined 
targets designed to end overfishing and to facilitate stock rebuilding.
    The Magnuson-Stevens Act requires NMFS to develop plans to end 
overfishing and rebuild overfished stocks. NMFS has identified lobster 
as overfished throughout its range. This finding has been confirmed by 
an independent review panel convened by NMFS and the Commission. 
Therefore, NMFS is required by the Magnuson-Stevens Act to develop a 
plan by June 1999 to end overfishing of lobsters and rebuild the 
lobster fishery within 10 years. The regulations in this proposed rule, 
together with a process for working with the Commission to devise 
future measures, constitute a proposed plan to meet this mandate.
    On March 27, 1996, NMFS first proposed to withdraw approval of the 
FMP and issue complementary regulations under the ACFCMA (61 FR 13478). 
NMFS proposed that the final withdrawal of the approval of the FMP, and 
the removing of its implementing regulations, would occur upon 
completion of an effective state management program developed by the 
Commission.
    Amendment 3 is a comprehensive plan for managing the lobster 
fishery in state and Federal waters. While it does not specify all 
future steps that are needed to rebuild egg production and end the 
overfished status of lobster, it does provide a framework for the 
development of those measures to rebuild the resource.

Status of Stock

    The most recent NMFS assessment of the lobster stock concluded that 
it is overfished throughout its range (22nd Northeast Regional Stock 
Assessment Workshop Document 96-13, dated September, 1996). There has 
been a dramatic increase in fishing effort since the 1970s. Fishing is 
now removing a large proportion of lobsters before they have had a 
chance to spawn even once, and the average size of lobsters landed

[[Page 2709]]

continues to drop. Although landings have been high in recent years, 
there is a risk that the stocks could collapse. Such a risk could be 
reduced if fishing mortality were reduced.
    The major signs of risk to the resource and to the fishery are:
    1. The landings of lobsters, throughout the range, are becoming 
increasingly dependent on animals that have just reached minimum size. 
Most females at this size have not yet had a chance to spawn.
    2. Extremely high exploitation of lobsters (exceeding 70 percent of 
the legal sized animals) continues to lessen the benefits of the 
current conservation measures, since relatively few live long enough to 
be protected.
    3. Although abundance is currently high in some areas, this is due, 
in part, to favorable environmental conditions that are enhancing 
survival. If these conditions deteriorate, the resource cannot be 
expected to support the high level of harvesting that currently exists.
    4. The overall size composition of the resource is becoming 
dominated by small, not fully mature animals. As a result, the 
population is predominantly relying on first time spawners to create 
successive generations. In addition to the low egg production of first 
time spawners, there is evidence that the eggs they produce are less 
viable, and the survival of the larvae produced is lower than those 
produced by larger spawners.
    The lobster stock is considered to be overfished because the number 
of eggs produced each year is less than 10 percent of the number that 
would have been produced if the stock were not fished. The goal of the 
stock rebuilding program is not to increase the number of harvestable 
lobsters--that portion of the population is currently at an all-time 
high. Rather, the goal is to increase egg production. The more eggs 
produced, the greater the margin of safety for the population if 
environmental conditions become unfavorable for the survival of 
juvenile lobsters to marketable size and the greater the likelihood of 
rebuilding. In other words, increasing egg production will reduce the 
risk that a stock will collapse and increase the chances of rebuilding 
the resource. The Commission has developed a schedule to rebuild egg 
production that calls for increases in the level of egg production each 
year until 2005.

The Fishery

    The sale of lobsters in 1997 was valued at $268 million--27 percent 
of the region's entire revenue from commercial fishing. The lobster 
fishery takes place from North Carolina to Maine. It is primarily a 
cold water fishery, however. Over half of all lobsters from the 
northeast are landed in Maine. Approximately 20 percent are landed in 
Massachusetts. Rhode Island, Long Island Sound and George's Bank are 
other areas with significant lobster fisheries. Most lobsters (over 80 
percent) are taken in state waters, which extend from the coast to 
three miles from shore. The offshore fishery, particularly that using 
trap gear, has developed only in the past ten to fifteen years.
    Lobster fishing has increased dramatically since the 1970s. Effort 
is now at an all-time high. For example, in Maine, it has been reported 
that the number of traps per boat has doubled in the last 30 years. 
Each trap now remains in the water about 30 percent longer than in 1970 
before being hauled.
    This is a year-round fishery in the United States. Traps are set 
even in summer and fall, when the lobsters are molting. Harvesters 
depend heavily on lobsters within one molt of the legal size (3\1/4\ 
inches or 8.26 cm carapace length). In recent years, 85 percent or more 
of landings have been composed of animals in this size range.
    The fishery also takes place in Canadian waters, but the Canadian 
fishery is closed during the molting season. There are limits on the 
numbers of traps that can be set, on the total allowable catch, and on 
the number of lobster licenses issued.
    Virtually all lobsters (approximately 97 percent) are taken in 
lobster traps. Small numbers of lobsters are also taken in trawls, 
gillnets, and by divers.

Lobster Conservation Measures Already in Place

    Most current management measures and prohibitions for Federal 
waters are promulgated under the authority of the Magnuson-Stevens Act 
and are codified at 50 CFR part 649. These include:
    1. A moratorium on new entrants into the fishery through December 
31, 1999,
    2. A prohibition on the possession of lobsters bearing eggs or from 
which eggs have been removed (``scrubbed'') by any means,
    3. A prohibition on the possession of lobster meat and detached 
tails, claws or other parts of lobster,
    4. A prohibition on the possession of V-notched lobsters (female 
lobsters that have carried eggs and are marked with a V-shaped cut in 
the tail),
    5. A requirement to install a biodegradable ``ghost'' panel for 
traps (to eventually allow lobsters to exit from a lost trap),
    6. A minimum carapace size of 3\1/4\ inches (8.26 cm),
    7. A requirement to install escape vents on traps of at least 5\3/
4\ inches by 1\7/8\ inches (14.6 cm by 4.8 cm) to allow undersized 
lobsters to exit,
    8. A prohibition on the possession at any time of more than six 
lobsters per person when aboard a head, charter, or dive vessel,
    9. A requirement that gear be marked in order to identify the 
permit holder;
    10. A prohibition on the interstate or international trade of live 
whole lobsters smaller than the Federal minimum size, and
    11. A landing limit of 100 lobsters (or parts thereof) per day, up 
to a maximum of 500 lobsters per trip of five or more days for 
fishermen using non-trap methods (this limit is imposed by regulations 
issued under the authority of the ACFCMA and are codified at 50 CFR 
697.7).
    NMFS proposes to continue all of these measures, as well as new 
measures described herein, but to implement them by regulations issued 
under authority of the ACFCMA instead of the Magnuson-Stevens Act. 
Accordingly, the lobster regulations currently codified at 50 CFR part 
649 would be removed and replaced with regulations to be codified at 
under 50 CFR part 697.
    Management measures in state waters vary by state. At a minimum, 
states must comply with the requirements of the Commission, but 
additional management measures have been taken by a number of states, 
including limiting entry into the fishery and further restrictions on 
fishing effort. The current Commission lobster management measures 
require that state jurisdictions:
    1. Set a minimum carapace size of 3\1/4\ inches (8.26 cm);
    2. Prohibit the possession of lobsters bearing eggs and lobsters 
from which eggs have been removed;
    3. Prohibit fishermen from possessing of lobster meat, tails or 
other parts;
    4. Require that traps have escape vents;
    5. Require that traps have biodegradable ``ghost'' panels; and
    6. Prohibit spearing lobsters.
    NMFS published a DEIS/RIR on March 17, 1998, (63 FR 14922) that 
presented several alternative lobster management measures for both the 
trap and the non-trap sector of the fishery, in order to meet the 
mandate of the Magnuson-Stevens Act. The DEIS/RIR recognized the 
problem associated with meeting the Sustainable Fisheries Act (SFA) 
requirements, given that approximately 80 percent of the American 
lobster fishery occurs in state waters and is subject primarily to 
state, not Federal, management measures. Thirteen public hearings were 
held in

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nine states from Maine to North Carolina to discuss these alternatives 
and any other ideas about lobster management. Public comments were 
received from March 20 to May 19, 1998. Overall public comment on these 
alternatives indicated strong support for the plan embodied by the 
Commission's Amendment 3 and little support for other measures upon 
which NMFS sought comments.
    The DEIS/RIR included three alternatives specific to the non-trap 
(mobile gear) fishery. The non-trap fishery alternatives included: 
taking no action; implementing a possession limit of 100 lobsters per 
day and a maximum of 500 lobsters per trip; or, implementing a 
possession limit of 500 lobsters per trip, regardless of trip length. 
The analysis concluded that a landing limit of 100/day and 500/trip 
would cap landings from the non-trap sector at current levels and 
ensure no future expansion of the non-trap sector.

Measures Proposed by Commission

    The states, through adoption of Amendment 3 to the Commission's 
American Lobster ISFMP, recognized the need to end overfishing and 
rebuild stocks of American lobster. New requirements in state waters, 
approved in December 1997, include a prohibition in all waters on the 
possession of ``V-notched'' lobsters throughout the species range and a 
limit to landings by non-trap fishermen of 100 lobsters per day, up to 
a maximum of 500 lobsters per trip of 5 or more days. In addition, the 
following measures would be applicable to all states and areas along 
the Atlantic coast.
    1. All commercial fishermen would have to have a permit to land or 
possess lobster.
    2. All lobster traps would have to contain at least one escape vent 
with a minimum size of 5\3/4\ inches by 1\15/16\ inches (14.6 cm by 4.9 
cm).
    3. Traps could not exceed 22,950 cubic inches (376,082 cubic cm), 
except offshore, where the maximum trap size would be 30,100 cubic 
inches (493,249 cubic cm).
    The Commission Plan will identify additional measures, with the 
opportunity for consideration of alternatives having equal or greater 
conservation benefits, to achieve the resource rebuilding objectives of 
the American Lobster ISFMP. The Commission has also identified specific 
management measures for some regions. This area management approach is 
being developed with industry participation on seven individual lobster 
conservation management teams (LCMT) established by the Commission. 
Except for Area 6 (Long Island Sound), each of these areas include some 
Federal waters. For the coordinates of the Commission lobster 
management areas, see Sec. 697.31 of the proposed regulations. The 
Commission area-specific management measures currently include:

Area 1, Inshore Gulf of Maine

    (1) A 1000 limit on the number of traps a vessel may set in 1999, 
and a 800 trap limit per vessel in 2000.
    (2) A prohibition on the possession of lobsters with a carapace 
length greater than 5 inches (12.7 cm).

Area 2, Inshore Southern New England

    A plan to cap and then reduce the maximum number of traps per 
vessel was submitted by the Area 2 LCMT. It is currently under review 
by the Commission.

Area 3, Offshore Waters (Entirely in Federal Waters)

    The Commission recommends that NMFS implement a limit of 2000 traps 
per vessel beginning January 1, 1999. A plan prepared by the Area 3 
LCMT is currently under review by the Commission.

Areas 4, 5 and 6, Long Island and South

    The need for trap reductions or other measures to rebuild the stock 
will be investigated. Plans submitted by Area 4 and Area 6 LCMTs are 
currently under review by the Commission. A plan is expected to be 
submitted by the Area 5 LCMT in the near future.

Outer Cape Cod Lobster Management Area

    The same trap limits required in Area 1 will apply, but there will 
be no maximum size limitation.
    The Commission also recommended several measures not directly 
related to the trap fishery. For example, it recommended a prohibition 
on spearing lobsters by making it illegal to possess any lobster that 
has a shell that has been pierced by a spear. The Commission also 
recommended that NMFS continue the moratorium on issuing new permits to 
fish for lobster in Federal waters and a mandatory reporting 
requirement. The current moratorium will expire on December 31, 1999.

The NMFS Proposed Plan

    NMFS proposes to retain all current Federal measures for the 
management of the lobster fishery, but to implement those measures by 
regulations issued under the authority of the ACFCMA instead of by the 
currently regulations issued under the authority of the Magnuson-
Stevens Act. In addition, NMFS proposes the following new measures 
designed to implement the Commission's American Lobster ISFMP. Note 
that some measures would apply to all Federal permit holders while 
others would apply only in specific areas.
    1. Moratorium on new entrants into the fishery. There are currently 
approximately 3000 vessels with permits to fish for lobster in Federal 
waters. Under a current moratorium scheduled to end on December 31, 
1999, no new permits are being issued. Persons may only enter the 
fishery by purchasing an existing vessel that already has a limited 
access permit and then contacting NMFS to request a change of 
ownership. NMFS proposes to continue the moratorium. This would avoid 
any increase in the number of vessels permitted to take lobsters in 
Federal waters. Such an increase could undermine the conservation 
benefits of other measures.
    2. Designation of Lobster Management Areas. In order to be 
compatible with the Amendment 3, NMFS proposes to adopt the boundaries 
of the lobster management areas specified by the Commission. The 
coordinates marking the perimeter of the areas can be found in the 
proposed regulations in Sec. 697.31.
    3. Lobster management area designation for vessels fishing with 
traps. NMFS proposes that owners of vessels that elect to use traps 
must inform NMFS each year of the lobster management areas they will 
set trap gear in. A permit holder may set traps in more than one area, 
but if any near-shore areas are elected (Areas 1, 2, 4, 5, 6 or the 
Outer Cape Lobster Management Area), then Area 3, the offshore area, 
may not also be elected in that year or any subsequent year. If a 
permit holder elects to fish in Area 3, that person may not fish in any 
other designated lobster management area except where Areas 2 and 3 
overlap. The most restrictive of either Area 2 or Area 3 regulations 
(including trap limits) will apply when fishing in this overlap area. 
Once a vessel owner has designated one or more of the nearshore 
management areas, the vessel would be required to fish only in those 
areas. Permit holders electing to fish in EEZ Offshore Management Area 
3 will have one opportunity to change to one or more of the EEZ 
nearshore management areas, but thereafter would be prohibited from re-
electing Offshore Management Area 3. The reason for these provisions is 
that different trap limits and maximum trap sizes are proposed for Area 
3 than for the near-shore areas. A person receiving the

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higher number of traps and trap tags would not be allowed to set gear 
in the near-shore areas. At the same time, there may be a conservation 
benefit to keeping effort in Area 3 from expanding. This provision 
would slow the movement of fishermen from the near-shore areas into 
Area 3, and may prevent an expansion of effort on the offshore brood 
stock.
    4. Near-shore area trap limits. In order to cap effort in the near-
shore areas, NMFS proposes that Federal permit holders electing to fish 
in Areas 1, 2, the Area 2/3 overlap, 4, 5, 6 and in the Outer Cape 
Lobster Management Area be limited to a maximum of 1000 traps in 1999 
and to 800 traps in the year 2000. Further trap limits may be required 
in the future if the egg-rebuilding schedule is not met by these limits 
or other conservation equivalent measures. The purpose of this measure 
is to ensure that the conservation benefits that might be achieved by 
other measures are not lost by further expansion of fishing effort in 
the near-shore areas. Although many of the states are adopting similar 
limits, measures in this rule would only apply to Federal permit 
holders. Alternative and/or additional management measures other than 
those pertaining to trap limits will be considered in Federal waters in 
accordance with Commission recommendations and procedures identified in 
Sec. 697.36 of this proposed rule.
    5. Near-shore area maximum trap size. One way to increase fishing 
effort without increasing the number of traps in the water is to 
increase the size of those traps. The larger the trap, the more 
lobsters it can hold. To minimize this, NMFS proposes to prohibit 
Federal permit holders from setting traps in the near-shore areas that 
are larger than 22,950 cubic inches (376,082 cubic centimeters).
    6. Area 1 maximum carapace size. For Federal permit holders fishing 
in Area 1, NMFS proposes that there be a maximum harvestable size, in 
order to have compatible measures with the Commission's ISFMP 
recommendation. The Commission did not approve a maximum carapace size 
for any other management area. Lobsters with a carapace size greater 
than 5 inches (12.7 cm) could not be retained in Area 1, or by 
fishermen who elect Area 1 as one of their designated management areas. 
The carapace length is the straight line measurement from the rear of 
the eye socket parallel to the center line of the carapace to the 
posterior edge of the carapace (the unsegmented shell of the lobster). 
The purpose of this measure is to protect large females that are 
capable of producing many eggs. This measure will provide increasing 
conservation benefits as the number of larger individuals increases in 
the American lobster population.
    7. Off-shore area trap limits and maximum trap size. NMFS proposes 
that Federal permit holders electing to fish in Area 3 be limited to no 
more than 2000 traps in 1999 and no more than 1800 traps in 2000. 
Further reductions of this trap limit may be required in the future if 
the egg-rebuilding schedule is not met by these limits. In addition, 
NMFS proposes that traps set in Area 3 be no larger than 30,100 cubic 
inches (493,249 cc). A higher maximum number of traps and larger 
maximum trap size are proposed for Area 3 to offset the additional 
costs and time required for fishing offshore. Alternative and/or 
additional management measures will be considered in Federal waters in 
accordance with Commission recommendations and procedures identified in 
Sec. 697.36 of this proposed rule.
    8. Trap tag allocations. As a way to enforce the trap limits 
proposed for each lobster management area, NMFS proposes to require 
that each trap set by a Federal permit holder have a trap tag attached 
to the trap bridge or central cross-member. Lobster fishermen would be 
required to purchase tags from NMFS or a NMFS-authorized distributor. 
Each permit holder would be allowed to purchase tags, up to the maximum 
number of traps allowed in his or her area, plus ten percent to cover 
in-season loss. Those persons fishing in near-shore areas would be 
allowed to purchase up to 1100 tags in 1999 and 880 tags in 2000. Those 
persons fishing in Area 3 would be allowed to purchase up to 2200 tags 
in 1999 and 1980 tags in 2000. The cost per tag is expected to be 
approximately $0.14. Tags will only be valid for one year and must be 
replaced each year. Tags may not be sold, transferred or given away. 
The requirement to affix a tag to each trap would be in lieu of the 
current requirement that gear be marked with a vessel's official 
number, Federal permit or tag number, or other specified form of 
identification.
    9. State/Federal Coordination. NMFS may consider alternative 
tagging programs with cooperating states through appropriate formal 
agreements.
    10. Non-trap harvest restrictions. NMFS proposes similar 
regulations pertaining to non-trap landing limits as currently exist. 
Under the proposed rule, it would be unlawful for a vessel that takes 
lobster by a method other than traps to possess, retain on board, or 
land, in excess of 100 lobsters, for each lobster day-at-sea, or part 
of a lobster day-at-sea, up to a maximum of 500 lobsters for any one 
trip, unless otherwise restricted.
    11. Modifications to the plan. This is not a static plan. NMFS will 
specify additional fishery measures as necessary to meet the egg 
rebuilding schedule established by the Commission. Some of the measures 
that might be considered are (1) continued reductions in fishing effort 
(e.g., number of traps fished) and (2) increases in the minimum 
harvestable size. NMFS will consult with the Commission in the 
identification of measures.
    ACFCMA requires that Federal regulations be consistent with the 
national standards of the Magnuson-Stevens Act. National Standard 1 
requires NMFS to develop conservation and management measures to 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield for each fishery. The degree to which the current management 
strategy under the Commission plan will achieve ISFMP objectives and 
ensure maximum sustainable yield on a stock by stock basis will be 
further assessed by state and NMFS fishery experts through scientific 
peer review, currently scheduled for early 1999. If NMFS believes that 
measures to meet the egg-rebuilding schedule which forms the basis of 
the Commission plan are not sufficient to end overfishing and rebuild 
stocks of American lobster, it will seek public comment on additional 
or substitute measures to achieve that.
    In addition, section 304(c) of the SFA requires the establishment 
of a stock rebuilding plan for all overfished stocks. On September 30, 
1997, NMFS issued its list of overfished fisheries, which includes the 
American lobster fishery. NMFS, in consultation with the Commission, 
will afford special attention to a refined evaluation of the relative 
contributions of egg production, stock biomass, and population size 
composition toward meeting stock rebuilding objectives. The ISFMP's 
rebuilding schedule calls for a threefold increase in lobster egg 
production in the Gulf of Maine from 1999-2005. The ISFMP also calls 
for a sixfold increase in egg production on Georges Bank and South and 
a fourfold to fivefold increase in the southern Cape Cod-Long Island 
Sound region over the same time period. The rebuilding schedules 
correspond to a substantial decrease in fishing mortality rate and an 
increase in yield per recruit. If achieved, the higher levels of egg 
production should improve the outlook for stock rebuilding, resulting 
in

[[Page 2712]]

positive conservation and economic benefits.
    National Standard 2 requires that management measures be based upon 
the best scientific information available. The information base for 
these management measures incorporate the most current peer-reviewed 
information available on the stock status of the American lobster. This 
information confirms the overfished status of the resource and supports 
a reduction of fishing effort to minimize the potential for a stock 
collapse.
    National Standard 3 requires, as practicable, that an individual 
stock be managed as a unit throughout its range, and that interrelated 
stocks be managed as a unit or in close coordination. Three stock areas 
for American lobster have been defined: (1) The Gulf of Maine; (2) the 
Southern Cape Cod to Long Island Sound; and (3) the Georges Bank and 
south to Cape Hatteras. The three stocks would be managed, throughout 
the range of the population from Maine to North Carolina, through an 
area management approach in coordination with state jurisdictional 
management through the Commission's American Lobster ISFMP.
    National Standard 4 requires that conservation and management 
measures not discriminate between residents of different states. The 
proposed regulations for the EEZ were developed in consultation with 
the Commission and the lobster industry and take into account the 
social and economic distinction between the nearshore and offshore EEZ 
fisheries. The regulations strive to maintain historical participation 
levels in the U.S. American lobster fishery.
    National Standard 5 requires that, where practicable, conservation 
and management measures promote efficiency in the utilization of 
fishery resources. The excess of fishing gear is the primary reason for 
the overfished condition of the American lobster resource. The increase 
in the number of lobster traps in recent years has likely reduced the 
net income of most lobster fishermen. The capping and reduction of 
fishing effort provides a means to reduce excessive levels of fishing 
gear and to improve economic efficiency. Continued reductions in 
fishing effort, however, will likely reduce gross revenues by more than 
5 percent, or require significant changes in business operations for a 
substantial number of individual entities for at least some portion of 
the stock rebuilding period. The primary intent of the trap reduction 
schedule is to afford the necessary level of resource protection to 
prevent overfishing, and promote rebuilding, of the American lobster 
population.
    National Standard 6 requires that conservation and management 
measures take into account and allow for variations among, and 
contingencies in, fisheries, fishery resources, and catches. The 
proposed regulations take into account the variations in fisheries, 
fishery resources, and catches between the nearshore and offshore EEZ 
fisheries through the differential trap limits for the trap gear sector 
and through a possession limit designed to maintain historical 
participation by the non-trap fishery. The proposed higher trap limit 
for Federal permit holders in the offshore EEZ fishery is based upon 
the historical character and economics of that industry sector. 
Additionally, adaptive management measures enable future consideration 
of state/Federal collaboration efforts, in consultation with the 
lobster industry, to accommodate specific industry needs on an area by 
area basis.
    National Standard 7 requires that, where practicable, conservation 
and management measures minimize costs and avoid unnecessary 
duplication. The implementation of a lobster trap tag program and a 
gear requirement to increase the minimum escape vent size in lobster 
traps, for example, will increase industry costs. These measures and 
their associated cost would assist in ending overfishing and 
uncontrolled increases in numbers of traps used by vessel operators. 
Additional requirements relating to mandatory reporting for Federal 
permit holders would be addressed by NMFS and state fishery management 
agencies during the development of the Commission's Atlantic Coastal 
Cooperative Statistics Program in a manner to avoid unnecessary 
duplication between state and Federal reporting requirements.
    National Standard 8 requires that, consistent with fishery 
conservation requirements, conservation and management measures take 
into account the importance of fishery resources to fishing 
communities. There would likely be some initial negative effects on 
fishing communities. However, the rebuilding of stocks would benefit 
fishing communities throughout the Atlantic coast historical range for 
American lobster. Sustained participation of communities and 
consideration of economic impacts would be facilitated by industry 
participation through the ISFMP's area management provisions. Data 
currently available cannot fully describe levels of fishing effort in 
the EEZ. However, the provisions associated with the management action 
would allow, in collaboration with the Commission and state fishery 
agencies, consideration of alternative conservation-equivalent 
management measures on an area by area basis to meet industry needs and 
help alleviate any adverse impact management measures might otherwise 
have on fishing communities.
    National Standard 9 requires that, to the extent practicable, 
conservation and management measures minimize bycatch. Bycatch has not 
been identified as a significant issue in the ISFMP for American 
lobster. The proposed action would have no anticipated adverse impacts 
on bycatch in the EEZ lobster fishery.
    National Standard 10 requires that, to the extent practicable, 
conservation and management measures promote the safety of human life 
at sea. Reduction in number of lobster traps used by fishermen may 
result in more frequent tending (reduced soak time) of lobster gear by 
individual fishermen, but the specific effects of the potential 
regulations on fishing activities are unknown.

Classification

    This proposed rule is published under the authority of the ACFCMA. 
Paragraphs (A) and (B) of section 804(b)(1) of the ACFCMA authorize the 
Secretary of Commerce (Secretary) to issue regulations in the EEZ that 
are compatible with the effective implementation of a coastal fishery 
management plan and consistent with the national standards set forth in 
section 301 of the Magnuson-Stevens Act. This authority has been 
delegated to the Assistant Administrator for Fisheries, NOAA (AA). The 
AA has preliminarily determined that these actions are consistent with 
the national standards of the Magnuson-Stevens Act. The AA, before 
making the final determinations, will take into account the data, 
views, and comments received during the comment period.
    NMFS prepared a DEIS/RIR for this action; a notice of availability 
was published on March 27, 1998 (63 FR 14922). The DEIS analyzed six 
different alternatives for the lobster trap fishery. The trap fishery 
alternatives included: taking no action; implementing measures in 
Federal waters recommended by the Commission; implementing additional 
nearshore/offshore trap limits with a buffer zone; implementing a four-
tier nearshore/offshore trap limit; implementing nearshore fixed trap 
limits in combination with offshore limits based on historical 
participation; and prohibiting lobster fishing in Federal waters. The 
analysis concluded that

[[Page 2713]]

Federal action in the EEZ alone is not likely to stop overfishing, 
rebuild lobster egg production, or meet Federal management requirements 
to do so. Only cooperative state and Federal action would rebuild the 
lobster stocks.
    The DEIS/RIR also analyzed three alternatives for the non-trap 
(mobile gear) fishery. The non-trap fishery alternatives included: 
taking no action; implementing a possession limit of 100 lobsters per 
day or a maximum of 500 lobsters per trip; and implementing a 
possession limit of 500 lobsters per trip, regardless of trip length. 
The analysis concluded that a landing limit of 100/day and 500/trip 
would cap landings from the non-trap sector at current levels and 
ensure no future expansion of the non-trap sector.
    NMFS prepared an IRFA, supplemented by the preamble to this 
proposed rule, that describes the impact this proposed rule, if 
adopted, would have on small entities. Virtually all participants in 
the lobster fishery are considered to be small entities. Consequently, 
management measures in the proposed rule affect small entities only, 
and all analyses of such effects are necessarily analyses of effects on 
small entities. Since management alternatives differ between the non-
trap (mobile gear) and trap (fixed gear) groups, the analysis was 
performed separately for each gear group.
    The proposed action for the trap sector would initially cap and 
then reduce fishing effort (gear in the water), in addition to other 
management measures. These measures would apply to all the small 
entities in the trap sector. NMFS's analysis indicates that these 
measures could result in a reduction of gross annual revenues of at 
least 5 percent, or an increase in compliance costs of at least 5 
percent, for at least 20 percent of the affected small entities. In 
addition, it is possible that these measures will cause at least 2% of 
the affected small entities to cease operations. Therefore, the 
potential action is determined to have a significant economic impact on 
a substantial number of small Federally permitted lobster trap vessels. 
The ISFMP, however, through its area management approach, identifies 
and addresses socio-economic impacts among the industry sectors on an 
area by area basis. In the ISFMP, the management unit for American 
lobster (state and Federal waters from Maine to North Carolina) was 
subdivided into seven areas, and Lobster Conservation Management Teams 
(LCMT's) were established for each of these areas. These LCMT's, 
comprised of lobster industry members, make recommendations for 
management measures to meet predefined targets designed to end 
overfishing. Industry recommended LCMT measures, implemented on an area 
by area basis after review and approval by the Commission, will 
mitigate adverse economic impacts to area participants by allowing for 
variable regulations by area, depending on the fishing practices and 
unique fishery characteristics for each management area. This approach, 
with industry participation, strives to alleviate adverse economic 
impacts to the extent possible.
    NMFS found no significant impact on small entities for the non-trap 
sector, primarily because the majority of these vessels do not rely on 
lobster as their principal source of income. A copy of this analysis is 
available from NMFS (see ADDRESSES).
    Alternatives considered and their impacts have been discussed here.
    Notwithstanding any other provision 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 Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) control number.
    This rule contains collection-of-information requirements subject 
to the PRA. The following are proposed new collection-of-information 
requirements that have been submitted to OMB for approval.
    The estimated time per individual response is shown.
    1. Revision of existing gear (trap) marking requirements (1 
minute);
    2. Lobster management area designation, request for trap tags, and 
preparing payment for trap tags (5 minutes);
    3. Reporting lost trap tags and requesting replacement trap tags (3 
minutes);
    4. Requests for additional trap tags (2 minutes); and
    5. Extend observer coverage to include the American lobster fishery 
(2 minutes).
    The following collection-of-information requirements are being 
restated and have already been approved by OMB control number 0648-0202 
with the response times per application as shown: vessel permit 
applications (30 minutes for a new application, 15 minutes for renewal 
applications), confirmations of permit history (30 minutes); operator 
permit applications (1 hour); and dealer permit applications (5 
minutes).
    The following collection-of-information requirement is being 
restated and has already been approved by OMB under control number 
0648-0350: vessel identification requirements, estimated at 45 minutes 
per vessel.
    The following collection-of-information requirement is referred to 
and has already been approved by OMB under control number 0648-0309: 
experimental fishing exemption, estimated at one hour per vessel.
    Public comment is sought regarding whether these proposed 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimates; 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.
    Send comments regarding these burden estimates or any other aspect 
of the data requirements, including suggestions for reducing the 
burden, to NMFS (see ADDRESSES) and to the Office of Information and 
Regulatory Affairs (see ADDRESSES).
    A formal section 7 consultation under the Endangered Species Act 
was initiated for this rule in a biological opinion by NMFS. After 
reviewing the best available information on the status of endangered 
and threatened species under NMFS jurisdiction, the environmental 
baseline for the action area, the effects of the action, and the 
cumulative effects, it is NMFS'' Biological Opinion that the continued 
operation of the Federal lobster fishery, with modifications to reduce 
impacts of entanglement through the Atlantic Large Whale Take Reduction 
Plan, is not likely to jeopardize the continued existence of the 
northern right whale, humpback whale, fin whale, blue whale, sperm 
whale, sei whale, leatherback sea turtle, and loggerhead sea turtle. In 
addition, the proposed changes are not likely to destroy or adversely 
modify right whale critical habitat.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    Although this proposed rule does not modify existing regulations 
found at 50 CFR part 697 pertaining to weakfish and striped bass, the 
entirety of part 697, as proposed, is repeated here.

List of Subjects in 50 CFR Parts 649 and 697

    Fisheries, Fishing.


[[Page 2714]]


    Dated: January 8, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, under the authority of 16 
U.S.C. 1801 et seq., 50 CFR part 649 is proposed to be removed and 50 
CFR part 697 is proposed to be revised to read as follows:

PART 649--[REMOVED]

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

Subpart A--General Provisions

Sec.
697.1  Purpose and scope.
697.2  Definitions.
697.3  Relation to other Federal and state laws.
697.4  Vessel permits.
697.5  Operator permits.
697.6  Dealer permits.
697.7  Prohibitions.
697.8  Vessel identification.
697.9  Facilitation of enforcement.
697.10  Penalties.
697.11  Civil procedures.
697.12  At-sea sea sampler/observer coverage.

Subpart B--Management Measures

697.20  Harvesting and landing requirements.
697.21  Gear identification and marking, escape vent, maximum trap 
size, trap tagging and ghost panel requirements.
697.22  Experimental fishing exemption.
697.23  Restricted gear areas.

Subpart C--Egg Production Rebuilding Schedule and Adaptive Management 
Adjustments to Management Measures

697.30  Purpose and scope.
697.31  Egg production rebuilding schedule lobster management areas.
697.32  Management area designations.
697.33  Trap allocations.
697.34  Trap tag allocations.
697.35  Non-trap trap harvest restrictions.
697.36  Adjustment to management measures.

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

Subpart A--General Provisions


Sec. 697.1  Purpose and scope.

    The regulations in this part are issued under the authority of 
section 804(b) of the Atlantic Coastal Fisheries Cooperative Management 
Act, 16 U.S.C. 5101 et seq., and section 6 of the Atlantic Striped Bass 
Conservation Act Appropriations Authorization, 16 U.S.C. 1851 note, and 
govern fishing in the EEZ on the Atlantic Coast for species covered by 
those acts.


Sec. 697.2  Definitions.

    (a) In addition to the definitions in the Magnuson-Stevens Act and 
in Secs. 600.10 and 648.2 of this chapter, for the purposes of this 
part, the following terms have the following meanings:
    American lobster or lobster means Homarus americanus.
    Approved TED means any approved TED as defined at Sec. 217.12 of 
this title.
    Atlantic striped bass means members of stocks or populations of the 
species Morone saxatilis found in the waters of the Atlantic Ocean 
north of Key West, FL.
    Berried female means a female American lobster bearing eggs 
attached to the abdominal appendages.
    Block Island Southeast Light means the aid to navigation light 
located at Southeast Point, Block Island, RI, and defined as follows: 
Located at 40 deg.09.2' N. lat., 71 deg.33.1' W. long; is 201 ft (61.3 
m) above the water; and is shown from a brick octagonal tower 67 ft 
(20.4 m) high attached to a dwelling on the southeast point of Block 
Island, RI.
    BRD means bycatch reduction device.
    Carapace length is the straight line measurement from the rear of 
the eye socket parallel to the center line of the carapace to the 
posterior edge of the carapace. The carapace is the unsegmented body 
shell of the American lobster.
    Certified BRDs mean any BRD, as defined in part 622, Appendix D of 
this title: Specifications for Certified BRDs.
    Charter or head boat means any vessel carrying fishing persons or 
parties for a per capita fee or for a charter fee.
    Commercial purposes means for the purpose of selling or bartering 
all or part of the fish harvested.
    Commission means the Atlantic States Marine Fisheries Commission 
established under the interstate compact consented to and approved by 
Congress in Pub. L. 77-539 and Pub. L. 81-721.
    Continuous transit means that a vessel does not have fishing gear 
in the water and remains continuously underway.
    CPH means Confirmation of Permit History.
    Crab trawl means any trawl net that is rigged for fishing and has a 
mesh size of 3.0 inches (7.62 cm), as measured between the centers of 
opposite knots when pulled taut.
    Cull American lobster means a whole American lobster that is 
missing one or both claws.
    De minimis state means any state where the landings are so low that 
the Commission's Fisheries Management Board has exempted that state 
from some of its regulatory responsibilities under an Interstate 
Fishery Management Plan.
    Dive vessel means any vessel carrying divers for a per capita fee 
or a charter fee.
    Egg Production Rebuilding Schedule means the schedule identified in 
section 2.5 of Amendment 3 to the Commission's ISFMP.
    Escape vent means an opening in a lobster trap designed to allow 
lobster smaller than the legal minimum size to escape from the trap.
    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.
    Fishing year means, for the American lobster fishery, the time 
period from May 1 through April 30 of the following year.
    Flynet means any trawl net, except shrimp trawl nets containing 
certified BRDs and approved TEDs, when required under Sec. 227.72(e)(2) 
of this title, and except trawl nets that comply with the gear 
restrictions specified at Sec. 648.104 of this chapter for the summer 
flounder fishery and contain an approved TED, when required under 
Sec. 227.72 (e)(2) of this title.
    Ghost panel means a panel, or other mechanism, designed to allow 
for the escapement of lobster after a period of time if the trap has 
been abandoned or lost.
    ISFMP means the Commission's Interstate Fishery Management Plan for 
American Lobster, as amended.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Lobster Day-at-Sea with respect to the American lobster fishery 
means each 24 hour period of time during which a fishing vessel is 
absent from port in which the vessel intends to fish for, possess, or 
land, or fishes for, possesses, or lands American lobster.
    Lobster permit means a Federal limited access American lobster 
permit.
    Lobster trap trawl means 2 or more lobster traps, all attached to a 
single ground line.
    Management area means each of the geographical areas identified for 
management purposes under the ISFMP.
    Montauk Light means the aid to navigation light located at Montauk 
Point, NY, and defined as follows: Located at 41 deg.04.3' N. lat., 
71 deg.51.5' W. long.; is shown from an octagonal, pyramidal tower, 108 
ft (32.9 m) high; and has a covered way to a dwelling.
    Parts thereof means any part of an American lobster. A part of a 
lobster counts as one lobster.
    Point Judith Light means the aid to navigation light located at 
Point Judith,

[[Page 2715]]

RI, and defined as follows: Located at 41 deg.21.7' N. lat., 
71 deg.28.9' W. long.; is 65 ft (19.8 m) above the water; and is shown 
from an octagonal tower 51 ft (15.5 m) high.
    Retain means to fail to return any species specified under 
Sec. 696.7 of this chapter to the sea immediately after the hook has 
been removed or after the species has otherwise been released from the 
capture gear.
    Scrubbing is the intentional removal of eggs from a berried female.
    Shrimp trawl net means any trawl net that is rigged for fishing and 
has a mesh size less than 2.50 inches (6.35 cm), as measured between 
the centers of opposite knots when pulled taut, and each try net, as 
defined in Sec. 622.2 of this chapter, that is rigged for fishing and 
has a headrope length longer than 16 ft (4.9 m).
    Regional Administrator means the Regional Administrator, Northeast 
Region, NMFS, or a designee.
    TED means Turtle Excluder Device, which is a device designed to be 
installed in a trawl net forward of the codend for the purpose of 
excluding sea turtles from the net.
    Trap means any structure or other device, other than a net, that is 
placed on the ocean bottom and is designed for or is capable of, 
catching lobsters.
    V-notched American lobster means any female American lobster 
bearing a V-shaped notch in the flipper next to and to the right of the 
center flipper as viewed from the rear of the lobster (underside of the 
lobster down and tail toward the viewer), or any female American 
lobster that is mutilated in a manner that could hide or obliterate 
such a mark.
    V-shaped notch means a straight-sided triangular cut, without setal 
hairs, at least \1/4\ inch (0.64 cm) in depth and tapering to a point.
    Weakfish means members of the stock or population of the species 
Cynoscion regalis, found along the Atlantic Coast from southern Florida 
to Massachusetts Bay.
    Whole American lobster means a lobster with an intact and 
measurable body (tail and carapace). An American lobster with an intact 
and measurable body that is missing one or both claws, i.e., a cull 
lobster, is considered to be a whole American lobster.


Sec. 697.3  Relation to other Federal and state laws.

    (a) The provisions of sections 307 through 311 of the Magnuson-
Stevens Act, as amended, regarding prohibited acts, civil penalties, 
criminal offenses, civil forfeitures, and enforcement apply with 
respect to the regulations in this part, as if the regulations in this 
part were issued under the Magnuson-Stevens Act.
    (b) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter.
    (c) The regulations in this part do not preempt more restrictive 
state laws, or state enforcement of more restrictive state laws, with 
respect to: weakfish fishing and American lobster fishing. If a 
requirement of this part and a management measure required by state or 
local law differ, any vessel owner permitted to fish in the EEZ must 
comply with the more restrictive requirement.


Sec. 697.4  Vessel permits.

    (a) Limited access American lobster permit. Any vessel of the 
United States that fishes for, possesses, or lands American lobster in 
or harvested from the EEZ must have been issued and carry on board a 
valid Federal limited access lobster permit. This requirement does not 
apply to: head, charter and dive boats that possess six or fewer 
American lobsters per person aboard the vessel if said lobsters are not 
intended for, nor used, in trade, barter or sale; recreational vessels; 
and vessels that fish exclusively in state waters for American lobster.
    (1) Eligibility. To be eligible to apply for a Federal limited 
access lobster permit a vessel must have been issued either a Federal 
limited access lobster for the preceding year, be replacing a vessel 
that was issued a Federal limited access lobster permit for the 
preceding year or be replacing a vessel issued a confirmation of permit 
history.
    (2) Application/renewal restrictions. All limited access permits 
established under this section must be issued on an annual basis by the 
last day of the fishing year for which the permit is required, unless a 
CPH has been issued as specified in paragraph (a)(6) of this section. 
Application for such permits must be received no later than 30 days 
before the last day of the fishing year. Failure to renew a limited 
access permit in any fishing year bars the renewal of the permit in 
subsequent years.
    (3) Qualification restriction. Unless the Regional Administrator 
determines otherwise, no more than one vessel may qualify, at any one 
time, for a Federal limited access lobster permit based on that or 
another vessel's fishing and permit history. If more than one vessel 
owner claims eligibility for a limited access permit, based on one 
vessel's fishing and permit history, the Regional Administrator will 
determine who is eligible for the permit or a CPH under paragraph 
(a)(4) of this section.
    (4) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the 
vessel's fishing and permit history for the purposes of replacing the 
vessel.
    (5) Consolidation restriction. Federal limited access American 
lobster permits, and any rights or privileges associated thereto, may 
not be combined or consolidated.
    (6) Confirmation of permit history. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, must apply for and receive 
a CPH if the fishing and permit history of such vessel has been 
retained lawfully by the applicant. To be eligible to obtain a CPH, the 
applicant must show that the qualifying vessel meets the eligibility 
requirements, as applicable, in this part. Issuance of a valid CPH 
preserves the eligibility of the applicant to apply for a limited 
access permit for a replacement vessel based on the qualifying vessel's 
fishing and permit history at a subsequent time, subject to the 
replacement provisions specified in this section. If fishing privileges 
have been assigned or allocated previously under this part, based on 
the qualifying vessel's fishing and permit history, the CPH also 
preserves such fishing privileges. A CPH must be applied for in order 
for the applicant to preserve the fishing rights and limited access 
eligibility of the qualifying vessel. An application for a CPH must be 
received by the Regional Administrator no later than 30 days prior to 
the end of the first full fishing year in which a vessel permit cannot 
be issued. Failure to do so is considered abandonment of the permit as 
described in paragraph (o) of this section. A CPH issued under this 
part will remain valid until the fishing and permit history preserved 
by the CPH is used to qualify a replacement vessel for a limited access 
permit. Any decision regarding the issuance of a CPH for a qualifying 
vessel that has been applied for or been issued previously a limited 
access permit is a final agency action subject to judicial review under 
5 U.S.C. 704. Information requirements for the CPH application are the 
same as those for a limited access permit. Any request for information 
about the vessel on the CPH application form means the qualifying 
vessel that has been sunk, destroyed, or

[[Page 2716]]

transferred. Vessel permit applicants who have been issued a CPH and 
who wish to obtain a vessel permit for a replacement vessel based upon 
the previous vessel history may do so pursuant to paragraph (c) of this 
section.
    (7) Restriction on permit splitting. A Federal limited access 
lobster permit will not be issued to a vessel or its replacement, or 
remain valid, if the vessels's permit or fishing history has been used 
to qualify another vessel for another Federal fishery.
    (8) Management area designation restrictions. A vessel may not 
change management area designation during the fishing year, except as 
provided in Sec. 697.32. Prior to the start of the fishing year, vessel 
owners will have one opportunity to request a change in management area 
designation by submitting an application to the Regional Administrator 
prior to the start of the fishing year and within 45 days of issuance 
of the previous designation. After that date, the vessel must remain in 
the management area elected for the remainder of the fishing year.
    (b) Condition. Vessel owners who apply for a Federal limited access 
American lobster permit under this section must agree, as a condition 
of the permit, that the vessel and vessel's fishing, catch, and 
pertinent gear (without regard to whether such fishing occurs in the 
EEZ or landward of the EEZ, and without regard to where such fish or 
gear are possessed, taken, or landed), are subject to all requirements 
of this part. The vessel and all such fishing, catch, and gear shall 
remain subject to all applicable state or local requirements. If a 
requirement of this part and a management measure required by state or 
local law differ, any vessel owner permitted to fish in the EEZ must 
comply with the more restrictive requirement.
    (c) Vessel permit application. Applicants for a Federal limited 
access American lobster permit under this section must submit a 
completed application on an appropriate form obtained from the Regional 
Administrator. The application must be signed by the owner of the 
vessel, or the owner's authorized representative, and be submitted to 
the Regional Administrator at least 30 days before the date on which 
the applicant desires to have the permit made effective. Eligibility 
requirements are specified in paragraph (a)(1) of this section. The 
Regional Administrator will notify the applicant of any deficiency in 
the application pursuant to this section.
    (d) Information requirements. In addition to applicable information 
required to be provided by paragraph (c) of this section, an 
application for a Federal limited access American lobster permit must 
contain at least the following information, and any other information 
required by the Regional Administrator: Vessel name; owner name, 
mailing address, and telephone number; U.S. Coast Guard documentation 
number and a copy of the vessel's U.S. Coast Guard documentation or, if 
undocumented, state registration number and a copy of the state 
registration; home port and principal port of landing; overall length; 
gross tonnage; net tonnage; engine horsepower; year the vessel was 
built; type of construction; type of propulsion; approximate fish-hold 
capacity; type of fishing gear used by the vessel; number of crew; 
permit category; lobster fishing area declaration; if the owner is a 
corporation, a copy of the Certificate of Incorporation; and the names 
and addresses of all shareholders owning 25 percent or more of the 
corporation's shares; if the owner is a partnership, a copy of the 
Partnership Agreement and the names and addresses of all partners; if 
there is more than one owner, names of all owners having more than a 25 
percent interest; and name and signature of the owner or the owner's 
authorized representative.
    (e) Fees. The Regional Administrator may charge a fee to recover 
the administrative expense of issuing a Federal limited access American 
lobster permit required under this section. The amount of the fee shall 
be calculated in accordance with the procedures of the NOAA Finance 
Handbook for determining administrative costs of each special product 
or service. The NOAA Finance Handbook can be obtained from the Regional 
Administrator, NMFS (see Table 1 to Sec. 600.502 of this chapter). The 
fee may not exceed such costs and will be specified with each 
application form. The applicable fee must accompany each application; 
if it does not, the application will be considered incomplete for 
purposes of paragraph (f) of this section. Any fee paid by an 
insufficiently funded commercial instrument shall render any permit 
issued on the basis thereof null and void.
    (f) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Administrator shall issue a Federal American lobster 
vessel permit within 30 days of receipt of the application unless:
    (i) The applicant has failed to submit a completed application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received; or
    (ii) The application was not received by the Regional Administrator 
by the deadlines set forth in paragraph (a)(2) of this section; or
    (iii) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Upon receipt of an incomplete or improperly executed 
application, the Regional Administrator shall notify the applicant of 
the deficiency in the application. If the applicant fails to correct 
the deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (g) Expiration. A Federal limited access American lobster permit 
will expire upon the renewal date specified in the permit.
    (h) Duration. A permit will continue in effect unless it is 
revoked, suspended, or modified under 15 CFR part 904, or until it 
otherwise expires, or ownership of the vessel changes, or the applicant 
has failed to report any change in the information on the permit 
application to the Regional Administrator as specified in paragraph (k) 
of this section.
    (i) Reissuance. Reissued permits, for an otherwise valid permit, 
may be issued by the Regional Administrator when requested in writing 
by the owner or authorized representative, stating the need for 
reissuance, the name of the vessel, and the Federal Fisheries Permit 
number assigned. An application for a reissued permit will not be 
considered a new application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this section are not 
transferable or assignable. A permit is valid only for the vessel and 
owner/or person to which it is issued.
    (k) Change in application information. Within 15 days after a 
change in the information contained in an application submitted under 
this section, a written notice of the change must be submitted to the 
Regional Administrator. If the written notice of the change in 
information is not received by the Regional Administrator within 15 
days, the permit is void.
    (l) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (m) Display. Any permit issued under this part must be maintained 
in legible condition and displayed for inspection upon request by any 
authorized officer.
    (n) Sanctions. The Assistant Administrator may suspend, revoke, or 
modify, any permit issued or sought under this section. Procedures 
governing enforcement-related permit sanctions and denials are found at 
subpart D of 15 CFR part 904.

[[Page 2717]]

    (o) Abandonment or voluntary relinquishment of limited access 
American lobster permits. If a vessel's Federal limited access American 
lobster permit or CPH is voluntarily relinquished to the Regional 
Administrator, or abandoned through failure to renew or otherwise, no 
Federal limited access American lobster permit or CPH may be reissued 
or renewed based on the qualifying vessel's history.


Sec. 697.5  Operator permits.

    (a) General. Any operator of a vessel issued a Federal limited 
access American lobster permit under Sec. 697.4(a), or any operator of 
a vessel of the United States that fishes for, possesses, or lands 
American lobsters, harvested in or from the EEZ must have been issued 
and carry on board a valid operator's permit issued under this section. 
This requirement does not apply to: head, charter and dive boats that 
possess six or fewer American lobsters per person aboard the vessel if 
said lobsters are not intended for nor used in trade, barter or sale; 
recreational vessels; and vessels that fish exclusively in state waters 
for American lobster.
    (b) Operator application. Applicants for a permit under this 
section must submit a completed permit application on an appropriate 
form obtained from the Regional Administrator. The application must be 
signed by the applicant and submitted to the Regional Administrator at 
least 30 days prior to the date on which the applicant desires to have 
the permit made effective. The Regional Administrator will notify the 
applicant of any deficiency in the application, pursuant to this 
section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree, as a condition of this permit, that the 
operator and vessel's fishing, catch, crew size, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward 
of the EEZ, and without regard to where such fish or gear are 
possessed, taken, or landed), are subject to all requirements of this 
part while fishing in the EEZ or on board a vessel permitted under 
Sec. 697.4(a). The vessel and all such fishing, catch, and gear will 
remain subject to all applicable state or local requirements. Further, 
such operators must agree, as a condition of this permit, that if the 
permit is suspended or revoked pursuant to 15 CFR part 904, the 
operator cannot be on board any fishing vessel issued a Federal 
Fisheries Permit or any vessel subject to Federal fishing regulations 
while the vessel is at sea or engaged in off loading. If a requirement 
of this part and a management measure required by state or local law 
differ, any operator issued a permit under this part must comply with 
the more restrictive requirement.
    (d) Information requirements. An applicant must provide at least 
all the following information and any other information required by the 
Regional Administrator: Name, mailing address, and telephone number; 
date of birth; hair color; eye color; height; weight; social security 
number (optional) and signature of the applicant. The applicant must 
also provide two recent (no more than one year old) color passport-size 
photographs.
    (e) Fees. See Sec. 697.4(e).
    (f) Issuance. See Sec. 697.4(f).
    (g) Expiration. See Sec. 697.4(g).
    (h) Duration. A permit is valid until it is revoked, suspended, or 
modified under subpart D of 15 CFR part 904, or otherwise expires, or 
the applicant has failed to report a change in the information on the 
permit application to the Regional Administrator as specified in 
paragraph (k) of this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by 
the applicant, stating the need for reissuance and the Federal operator 
permit number assigned. An applicant for a reissued permit must also 
provide two recent (no more than one year old) color passport-size 
photos of the applicant. An application for a reissued permit will not 
be considered a new application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this section are not 
transferable or assignable. A permit is valid only for the person to 
whom it is issued.
    (k) Change in application information. Notice of a change in the 
permit holder's name, address, or telephone number must be submitted in 
writing to, and received by, the Regional Administrator within 15 days 
of the change in information. If written notice of the change in 
information is not received by the Regional Administrator within 15 
days, the permit is void.
    (l) Alteration. See Sec. 697.4(l).
    (m) Display. Any permit issued under this part must be maintained 
in legible condition and displayed for inspection upon request by any 
authorized officer.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be on board a federally permitted fishing vessel in any 
capacity while the vessel is at sea or engaged in offloading. The 
Assistant Administrator may suspend, revoke, or modify, any permit 
issued or sought under this section. Procedures governing enforcement 
related permit sanctions and denials are found at subpart D of 15 CFR 
part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.


Sec. 697.6  Dealer permits.

    (a) All American lobster dealers must have been issued, and have in 
their possession, a valid permit issued under this section.
    (b) Dealer application. See Sec. 697.5(b).
    (c) Information requirements. Applications must contain at least 
the following information and any other information required by the 
Regional Administrator: Company name, place(s) of business, mailing 
address(es) and telephone number(s); owner's name; dealer permit number 
(if a renewal); and name and signature of the person responsible for 
the truth and accuracy of the report. If the dealer is a corporation, a 
copy of the Certificate of Incorporation; and the names and addresses 
of all shareholders owning 25 percent or more of the corporation's 
shares, must be included with the application. If the dealer is a 
partnership, a copy of the Partnership Agreement and the names and 
addresses of all partners; if there is more than one partner, names of 
all partners having more than a 25 percent interest; and name and 
signature of all partner or partners authorized must be included with 
the application.
    (d) Fees. See Sec. 697.4(e).
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator will issue a permit at any time during the 
fishing year to an applicant, unless the applicant has failed to submit 
a completed application. An application is complete when all requested 
forms, information, and documentation have been received. Upon receipt 
of an incomplete or improperly executed application, the Regional 
Administrator will notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Expiration. See Sec. 697.4(g).
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Administrator as 
required by paragraph (j) of this section.

[[Page 2718]]

    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by 
the applicant, stating the need for reissuance and the Federal dealer 
permit number assigned. An application for a reissued permit will not 
be considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this section are not 
transferable or assignable. A permit is valid only for the person, or 
other business entity, to which it is issued.
    (j) Change in application information. See Sec. 697.5(k).
    (k) Alteration. See Sec. 697.4(l).
    (l) Display. See Sec. 697.5(m).
    (m) Federal versus state requirements. If a requirement of this 
part differs from a fisheries management measure required by state law, 
any dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. See Sec. 697.4(n).


Sec. 697.7  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the 
prohibitions set forth in Sec. 600.725 of this chapter, the following 
prohibitions apply. It is unlawful for any person to do any of the 
following:
    (1) Fish for, harvest, or possess any weakfish less than 12 inches 
(30.5 cm) in total length (measured as a straight line along the bottom 
of the fish from the tip of the lower jaw with the mouth closed to the 
end of the lower tip of the tail) from the EEZ.
    (2) Retain any weakfish less than 12 inches (30.5 cm) in total 
length taken in or from the EEZ.
    (3) Fish for weakfish in the EEZ with a minimum mesh size less than 
3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the 
centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm) 
diamond stretch mesh for trawls and 2\7/8\-inch (7.3 cm) stretch mesh 
for gillnets.
    (4) To possess more than 150 lb (67 kg) of weakfish during any one 
day or trip, whichever is longer, in the EEZ when using a mesh size 
less than 3\1/4\-inch (8.3 cm) square stretch mesh (as measured between 
the centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 
cm) diamond stretch mesh for finfish trawls and 2\7/8\-inch (7.3 cm) 
stretch mesh for gillnets.
    (5) To fish using a flynet in the EEZ off North Carolina in the 
area bounded as follows:
    (i) On the north by a straight line connecting points 35 deg.10.8' 
N. lat., 75 deg.29.2' W. long. (3 nm off Cape Hatteras) and 
35 deg.03.5' N. lat., 75 deg.11.8' W. long. (20 nm off Cape Hatteras).
    (ii) The east by a straight line connecting points 35 deg.03.5' N. 
lat., 75 deg.11.8' W. long. (20 nm off Cape Hatteras) and 33 deg.21.1' 
N. lat., 77 deg.57.5' W. long., (about 30 nm off Cape Fear on the 
extension of the North Carolina/South Carolina state line into the 
EEZ).
    (iii) On the south by a straight line connecting points 
33 deg.21.1' N. lat., 77 deg.57.5' W. long., and 33 deg.48.8' N. lat., 
78 deg.29.7' W. long. (3 nm off Little River Inlet on the North 
Carolina/South Carolina state line).
    (iv) On the west by state waters.
    (6) To possess any weakfish in the closed area of the EEZ, as 
described in paragraph (a)(5) of this section, when fishing with shrimp 
trawls or crab trawls.
    (7) To land weakfish for commercial purposes caught in the EEZ in 
any state other than Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Delaware, Maryland, Virginia, or North Carolina.
    (b) Atlantic striped bass fishery. In addition to the prohibitions 
set forth in Sec. 600.725 of this chapter, the following prohibitions 
apply. It is unlawful for any person to do any of the following:
    (1) Fish for Atlantic striped bass in the EEZ.
    (2) Harvest any Atlantic striped bass from the EEZ.
    (3) Possess any Atlantic striped bass in or from the EEZ, except in 
the following area: The EEZ within Block Island Sound, north of a line 
connecting Montauk Light, Montauk Point, NY, and Block Island Southeast 
Light, Block Island, RI; and west of a line connecting Point Judith 
Light, Point Judith, RI, and Block Island Southeast Light, Block 
Island, RI. Within this area, possession of Atlantic striped bass is 
permitted, provided no fishing takes place from the vessel while in the 
EEZ and the vessel is in continuous transit.
    (4) Retain any Atlantic striped bass taken in or from the EEZ.
    (c) American lobster. In addition to the prohibitions specified in 
Sec. 600.725 of this chapter, the following prohibitions apply. It is 
unlawful for any person owning or operating a vessel issued a Federal 
limited access American lobster permit under Sec. 697.4 to do any of 
the following:
    (1) Retain on board, land, or possess at or after landing, American 
lobsters that fail to meet the minimum carapace length standard 
specified in Sec. 697.20(b). All American lobsters will be subject to 
inspection and enforcement, up to and including the time when a dealer 
receives or possesses American lobsters for a commercial purpose.
    (2) Retain on board, land, or possess any American lobster or parts 
thereof in violation of the mutilation standards specified in 
Sec. 697.20(c).
    (3) Retain on board, land, or possess any berried female American 
lobster specified in Sec. 697.20(d).
    (4) Remove eggs from any berried female American lobster, land, or 
possess any such lobster from which eggs have been removed. No person 
may land or possess any lobster that has come in contact with any 
substance capable of removing lobster eggs.
    (5) Retain on board, land, or possess any V-notched female American 
lobster throughout the range of the stock.
    (6) Spear any American lobster, or land or possess any American 
lobster which has been speared.
    (7) Possess, deploy, haul, harvest lobster from, or carry aboard a 
vessel any gear not identified, marked, vented, tagged, paneled, and of 
a volume larger than specified in accordance with the requirements in 
Sec. 697.21, unless such gear has been rendered unfishable.
    (8) Fail to affix and maintain permanent markings, as required by 
Sec. 697.8.
    (9) Fish for, land, or possess American lobsters, unless the 
operator of the vessel has been issued an operator's permit under 
Sec. 697.5, and the permit is on board the vessel and is valid.
    (10) Fail to report to the Regional Administrator within 15 days 
any change in the information contained in the permit application as 
required under Sec. 697.4(k) or Sec. 697.5(k).
    (11) Make any false statement in connection with an application 
under Sec. 697.4 or Sec. 697.5.
    (12) Sell, transfer, or barter or attempt to sell, transfer, or 
barter to a dealer any American lobsters, unless the dealer has a valid 
Federal Dealer's Permit issued under Sec. 697.6.
    (d) Presumptions. Any person possessing, or landing American 
lobsters at or prior to the time when those American lobsters are 
landed, or are received or possessed by a dealer, is subject to all of 
the prohibitions specified in paragraph (c) of this section, unless the 
American lobsters were harvested by a vessel without a Federal limited 
access American lobster permit that fishes for American lobsters 
exclusively in state waters; or are from a head, charter, or dive 
vessel that possesses or possessed six or fewer American lobsters per 
person aboard the vessel and the lobsters are not intended for sale, 
trade, or barter; or are from a recreational vessel.
    (1) American lobsters that are possessed, or landed at or prior to 
the time when the American lobsters are received by a dealer, or 
American lobsters that are possessed by a dealer,

[[Page 2719]]

are presumed to be harvested from the EEZ or by a vessel with a Federal 
limited access American lobster permit. A preponderance of all 
submitted evidence that such American lobsters were harvested by a 
vessel without a Federal limited access American lobster permit and 
fishing exclusively for American lobsters in state waters will be 
sufficient to rebut the presumption.
    (2) The possession of egg-bearing female American lobsters, V-
notched female American lobsters, or American lobsters that are smaller 
than the minimum size set forth in Sec. 697.20(b), will be prima facie 
evidence that such American lobsters were taken or imported in 
violation of these regulations. A preponderance of all submitted 
evidence that such American lobsters were harvested by a vessel not 
holding a permit under this part and fishing exclusively within state 
or foreign waters will be sufficient to rebut the presumption.
    (e) American lobster. In addition to the prohibitions specified in 
Sec. 600.725 of this chapter and the prohibitions specified in 
paragraph (c) of this section, the following prohibitions apply. It is 
unlawful for any person to do any of the following:
    (1) Retain on board, land, or possess American lobsters unless:
    (i) The American lobsters were harvested by a vessel that has been 
issued and carries on board a valid Federal limited access American 
lobster permit under Sec. 697.4(a); or
    (ii) The American lobsters were harvested by a vessel without a 
valid Federal limited access American lobster permit and that fishes 
for American lobsters exclusively in state waters; or
    (iii) The American lobsters were harvested by a head, charter, or 
dive vessel that possesses six or fewer American lobsters per person on 
board the vessel and the lobsters are not intended to be, or are not, 
traded, bartered, or sold; or
    (iv) The American lobsters were harvested by a recreational fishing 
vessel.
    (2) Sell, barter, or trade, or otherwise transfer, or attempt to 
sell, barter, or trade, or otherwise transfer, for a commercial 
purpose, any American lobsters from a vessel, unless the vessel has 
been issued a valid Federal limited access American lobster permit 
under Sec. 697.4, or the American lobsters were harvested by a vessel 
without a valid Federal limited access American lobster permit that 
fishes for American lobsters exclusively in state waters;
    (3) To be, or act as, an operator of a vessel fishing for or 
possessing American lobsters in or from the EEZ, or issued a Federal 
limited access American lobster permit under Sec. 697.4(a), without 
having been issued and possessing a valid operator's permit under 
Sec. 697.5.
    (4) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, as, 
or in the capacity of, a dealer, American lobsters taken from or 
harvested by a fishing vessel issued a Federal limited access American 
lobster permit, unless in possession of a valid dealer's permit issued 
under Sec. 697.6.
    (5) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, as, or in the 
capacity of, a dealer, American lobsters caught by a vessel other than 
one issued a valid Federal limited access American lobster permit under 
Sec. 697.4, unless the American lobsters were harvested by a vessel 
without a Federal limited access American lobster permit that fishes 
for American lobsters exclusively in state waters.
    (6) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with either a NMFS-approved observer aboard a vessel, or an 
authorized officer conducting any search, inspection, investigation, or 
seizure in connection with enforcement of this part.
    (7) Make any false statement, oral or written, to an authorized 
officer, concerning the taking, catching, harvesting, landing, 
purchase, sale, or transfer of any American lobster.
    (8) Violate any provision of this part, the ACFCMA, the Magnuson-
Stevens Act, or any regulation, permit, or notification issued under 
the ACFCMA, the Magnuson-Stevens Act, or these regulations.
    (9) Retain on board, land, or possess any American lobsters 
harvested in or from the EEZ in violation of Sec. 697.20.
    (10) Ship, transport, offer for sale, sell, or purchase, in 
interstate or foreign commerce, any whole live American lobster in 
violation of Sec. 697.20.
    (11) Fish, or be in the areas described in Sec. 697.23(b)(2), 
(c)(2), (d)(2), and (e)(2) on a fishing vessel with mobile gear during 
the time periods specified in Sec. 697.23(b)(1), (c)(1), (d)(1), and 
(e)(1), except as provided in Sec. 697.23(b)(1), (c)(1), (d)(1), and 
(e)(1).
    (12) Fish, or be in the areas described in Sec. 697.23(b)(2), 
(c)(2), and (d)(2) on a fishing vessel with lobster trap gear on board 
during the time periods specified in Sec. 697.23(b)(1), (c)(1), and 
(d)(1).
    (13) Deploy or fail to remove lobster trap gear in the areas 
described in Sec. 697.23(b)(2), (c)(2), and (d)(2) during the time 
periods specified in Sec. 697.23(b)(1), (c)(1), and (d)(1).


Sec. 697.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel subject to 
this part and over 25 ft (7.6 m) in registered length must:
    (1) Have affixed permanently its name on the port and starboard 
sides of the bow and, if possible, on its stern.
    (2) Have its official number displayed on the port and starboard 
sides of the deckhouse or hull, and on an appropriate weather deck so 
as to be clearly visible from enforcement vessels and aircraft. The 
official number is the USCG documentation number or the vessel's state 
registration number for vessels not required to be documented under 
title 46 U.S.C.
    (b) Numerals. Except as provided in paragraph (d) of this section, 
the official number must be displayed in block arabic numerals in 
contrasting color at least 18 inches (45.7 cm) in height for fishing 
vessels over 65 ft (19.8 m) in registered length, and at least 10 
inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in 
registered length. The registered length of a vessel, for purposes of 
this section, is that registered length set forth in USCG or state 
records.
    (c) Duties of owner. The owner of each vessel subject to this part 
shall ensure that--
    (1) The vessel's name and official number are kept clearly legible 
and in good repair.
    (2) No part of the vessel, its rigging, its fishing gear, or any 
other object obstructs the view of the official number from any 
enforcement vessel or aircraft.
    (d) Non-permanent marking. Vessels carrying recreational fishing 
parties on a per capita basis or by charter must use markings that meet 
the above requirements, except for the requirement that they be affixed 
permanently to the vessel. The non-permanent markings must be displayed 
in conformity with the above requirements.


Sec. 697.9  Facilitation of enforcement.

    See Sec. 648.15 of this chapter.


Sec. 697.10  Penalties.

    See Sec. 600.735 of this chapter.


Sec. 697.11  Civil procedures.

    The civil procedure regulations at 15 CFR part 904 apply to civil 
penalties, permit sanctions, seizures, and forfeitures under the 
Atlantic Striped Bass Act and the ACFCMA, and to the regulations of 
this part.

[[Page 2720]]

Sec. 697.12  At-sea sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
Federal limited access American lobster permit to carry a NMFS-approved 
sea sampler/observer. If requested by the Regional Administrator to 
carry an observer or sea sampler, a vessel may not engage in any 
fishing operations in the respective fishery unless an observer or sea 
sampler is on board, or unless the requirement is waived.
    (b) If requested by the Regional Administrator to carry an observer 
or sea sampler, it is the responsibility of the vessel owner to arrange 
for and facilitate observer or sea sampler placement. Owners of vessels 
selected for sea sampler/observer coverage must notify the appropriate 
Regional or Science and Research Administrator, as specified by the 
Regional Administrator, before commencing any fishing trip that may 
result in the harvest of resources of the respective fishery. 
Notification procedures will be specified in election letters to vessel 
owners.
    (c) The Regional Administrator may waive the requirement to carry a 
sea sampler or observer if the facilities on a vessel for housing the 
observer or sea sampler, or for carrying out observer or sea sampler 
functions, are so inadequate or unsafe that the health or safety of the 
observer or sea sampler, or the safe operation of the vessel, would be 
jeopardized.
    (d) An owner or operator of a vessel on which a NMFS-approved sea 
sampler/observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the sea sampler/observer access to and use of the 
vessel's communications equipment and personnel upon request for the 
transmission and receipt of messages related to the sea sampler's/
observer's duties.
    (3) Provide true vessel locations, by latitude and longitude or 
loran coordinates, as requested by the observer/sea sampler, and allow 
the sea sampler/observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's 
position.
    (4) Notify the sea sampler/observer in a timely fashion of when 
fishing operations are to begin and end.
    (5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Administrator, ensuring that 
transfers of observers/sea samplers at sea are accomplished in a safe 
manner, via small boat or raft, during daylight hours as weather and 
sea conditions allow, and with the agreement of the sea samplers/
observers involved.
    (6) Allow the sea sampler/observer free and unobstructed access to 
the vessel's bridge, working decks, holding bins, weight scales, holds, 
and any other space used to hold, process, weigh, or store fish.
    (7) Allow the sea sampler/observer to inspect and copy any of the 
vessel's log, communications log, and records associated with the catch 
and distribution of fish for that trip.
    (e) The owner or operator of a vessel issued a Federal limited 
access American lobster permit, if requested by the sea sampler/
observer also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, or other specimens taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, or other specimens taken by the vessel.
    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Administrator.

Subpart B--Management Measures


Sec. 697.20  Harvesting and landing requirements.

    (a) Condition. By being issued a Federal limited access American 
lobster permit, the vessel owner is subject to all measures in this 
subpart, regardless of where American lobsters were harvested.
    (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 by vessels issued a Federal limited access 
American lobster permit, is 3\1/4\ inches (8.26 cm).
    (3) The maximum carapace length for all American lobster harvested 
in or from the EEZ Nearshore Management Area 1, as defined in 
Sec. 697.31 (a)(1), is 5 inches (12.7 cm). Any vessel fishing in or 
permitted to fish in the EEZ Nearshore Management Area 1 must comply 
with the 5 inch (12.7 cm) maximum carapace length requirement 
regardless of where the lobsters are harvested.
    (4) 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 
(b) in this section.
    (c) Mutilation. (1) Prior to offloading from the vessel no person 
may remove meat or any body appendage from any American lobster 
harvested in or from the EEZ, or have in possession on board any 
American lobster part other than whole lobsters.
    (2) Prior to offloading from the vessel no owner, operator or 
person aboard a vessel issued a Federal limited access American lobster 
permit may remove meat or any body appendage from any American lobster, 
or have in possession on board any American lobster part other than 
whole lobsters.
    (d) Berried females. (1) Any berried female harvested in or from 
the EEZ must be returned to the sea immediately.
    (2) Any berried female harvested or possessed by a vessel issued a 
Federal limited access American lobster permit must be returned to the 
sea immediately.
    (3) No vessel, or owner, operator or person aboard a vessel issued 
a Federal limited access American lobster permit may possess any 
berried female.
    (4) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any berried female as 
specified in paragraph (d) of this section.
    (e) Scrubbing. (1) No person may intentionally remove extruded eggs 
attached to the abdominal appendages from any female American lobster.
    (2) No owner, operator or person aboard a vessel issued a Federal 
limited access American lobster permit may intentionally remove 
extruded eggs attached to the abdominal appendages from any female 
American lobster.
    (3) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any whole live American 
lobster that bears evidence of the removal of extruded eggs from its 
abdominal appendages as specified in paragraph (e) of this section.
    (f) Spearing. (1) No person may spear any American lobster in the 
EEZ.
    (2) No person on a vessel issued a federal lobster license may 
spear a lobster.
    (3) No person may harvest or possess any American lobster which has 
been speared in the EEZ.
    (4) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any American lobster 
which has been speared.

[[Page 2721]]

Sec. 697.21  Gear identification and marking, escape vent, maximum trap 
size, trap tagging, and ghost panel requirements.

    (a) Identification. All lobster gear 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, and not permanently 
attached to the vessel, must be marked with a trap tag (as specified in 
Sec. 697.34) marked with the Federal permit number assigned by the 
Regional Administrator.
    (b) Gear configuration. In the EEZ, lobster trap trawls are to be 
configured as follows:
    (1) Lobster trap trawls of three or fewer traps must be configured 
with a single buoy.
    (2) Lobster trap trawls consisting of more than three traps must 
have a radar reflector and a single flag or pennant on the westernmost 
end (marking the half compass circle from magnetic south through west, 
to and including north), while the easternmost end (meaning the half 
compass circle from magnetic north through east, to and including 
south) of an American lobster trap trawl must be configured with a 
radar reflector only. Standard tetrahedral corner radar reflectors of 
at least 8 inches (20.32 cm) (both in height and width, and made from 
metal) must be employed. (A copy of a diagram showing a standard 
tetrahedral corner radar reflector is available upon request to the 
Office of the Regional Administrator, see Table 1 to Sec. 600.502 of 
this title.)
    (3) No American lobster trap trawl shall exceed 1.5 nautical miles 
(2.78 km) in length, as measured from radar reflector to radar 
reflector.
    (c) Trap tagging. (1) Each owner of a vessel issued a valid permit 
under Sec. 697.4 and fishing with traps for American lobster in the EEZ 
must properly tag all lobster traps as specified under Sec. 697.34. The 
Regional Administrator may, by agreement with state agencies, recognize 
trap tags issued by those agencies endorsed for fishing for lobster in 
the EEZ, provided that such tagging programs accurately identify 
persons who fish in the EEZ, and that the Regional Administrator can 
either individually, or in concert with the state agency, act to 
suspend the permit or license for EEZ fishing for any violation under 
this part.
    (2) Alternate state EEZ tagging programs may be established through 
a letter of agreement between the Regional Administrator and the 
director of the state marine fisheries agency concerned. The letter of 
agreement will specify the information to be collected by the alternate 
EEZ tagging program and the mode and frequency of provision of that 
information to the Regional Administrator. The Regional Administrator 
will, in cooperation with the state director, arrange for notification 
of the existence and terms of any such agreements to the affected 
persons. Persons intending to fish in the EEZ should determine whether 
an alternate EEZ tagging program is in force for their state before 
applying for a Federal permit under Sec. 697.4.
    (d) Escape vents. All 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 Sec. 697.4, must be constructed to include one of the following 
escape vents in the parlor section of the trap. The vent must be 
located in such a manner that it would not be blocked or obstructed by 
any portion of the trap, associated gear, or the sea floor in normal 
use.
    (1) The specifications for escape vents are as follows:
    (i) A rectangular portal with an unobstructed opening not less than 
1\15/16\ inches (4.92 cm) by 5\3/4\ inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 
2\7/16\ inches (6.19 cm) in diameter.
    (2) The Regional Administrator may, at the request of, or after 
consultation with, the Commission, approve and specify, through a 
technical amendment of this rule, any other type of acceptable escape 
vent that the Regional Administrator finds to be consistent with 
paragraphs (d)(1)(i) and (ii) of this section.
    (e) Ghost panel. Lobster traps not constructed entirely of wood 
must contain a ghost panel.
    (1) The specifications for ghost panels are as follows:
    (i) The opening to be covered by the ghost panel must be 
rectangular and must not be less than 3\3/4\ inches (9.53 cm) by 3\3/4\ 
inches (9.53 cm).
    (ii) The panel must be constructed of, or fastened to the trap 
with, one of the following untreated materials: wood lath, cotton, 
hemp, sisal or jute twine not greater than \3/16\ inch (0.48 cm) in 
diameter, or non-stainless, uncoated ferrous metal not greater than \3/
32\ inch (0.24 cm) in diameter.
    (iii) The door of the trap may serve as the ghost panel, if 
fastened with a material specified in paragraph (e)(1)(ii) of this 
section.
    (iv) The ghost panel must be located in the outer parlor(s) of the 
trap and not in the bottom of the trap.
    (2) The Regional Administrator may, at the request of, or after 
consultation with, the Commission, approve and specify, through a 
technical amendment of this rule, any other design, mechanism, 
material, or other parameter that serves to create an escape portal not 
less than 3\3/4\ inches (9.53 cm) by 3\3/4\ inches (9.53 cm).
    (f) 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 Sec. 697.4 shall have a volume not to exceed the following 
specifications;
    (i) EEZ Nearshore Management Area--22,950 cubic inches (376,081 
cubic centimeters) as measured on the outside portion of the trap, 
exclusive of the runners, 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), or the Area \2/3\ 
Overlap; or
    (ii) EEZ Offshore Management Area--30,100 cubic inches (493,249 
cubic centimeters) as measured on the outside portion of the trap, 
exclusive of the runners, if deployed or possessed by a person or 
vessel permitted to fish in EEZ Offshore Management Area 3.
    (g) Enforcement action. Unidentified, unmarked, untagged, unvented, 
or improperly vented American lobster traps, or any lobster traps 
subject to the requirements and specifications of Sec. 697.21, which 
fail to meet such requirements and specifications may be seized and 
disposed of in accordance with the provisions of part 219 of this 
title.


Sec. 697.22  Experimental fishing exemption.

    The Regional Administrator may exempt any person or vessel from the 
requirements of this part for the conduct of experimental fishing 
beneficial to the management of the American lobster, Atlantic striped 
bass or weakfish, resource or fishery pursuant to the provisions of 
Sec. 600.745 of this chapter.
    (a) The Regional Administrator may not grant such exemption unless 
it is determined that the purpose, design, and administration of the 
exemption is consistent with the objectives of any applicable stock 
rebuilding program, the provisions of the ACFCMA, the Magnuson-Stevens 
Act, and other applicable law, and that granting the exemption will 
not:
    (1) Have a detrimental effect on the American lobster, Atlantic 
striped bass or weakfish, resource or fishery; or
    (2) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of this part,

[[Page 2722]]

except those explicitly relating to the purpose and nature of the 
exemption. The exemption will be specified in a letter issued by the 
Regional Administrator to each vessel participating in the exempted 
activity. This letter must be carried aboard the vessel seeking the 
benefit of such exemption. Exempted experimental fishing activity shall 
be authorized pursuant to and consistent with Sec. 600.745 of this 
chapter.


Sec. 697.23  Restricted gear areas.

    (a) Resolution of lobster gear conflicts with fisheries managed 
under the Magnuson-Stevens Act shall be done under provisions of 
Sec. 648.55 of this chapter.
    (b) Restricted Gear Area I.--(1) Duration.--(i) Mobile Gear. From 
October 1 through June 15, no fishing vessel with mobile gear or person 
on a fishing vessel with mobile gear may fish, or be, in Restricted 
Gear Area I, as defined in paragraph (b)(2) of this section, unless 
transiting. Vessels may transit this area provided that all mobile gear 
is on board the vessel while inside the area.
    (ii) Lobster trap gear. From June 16 through September 30, no 
fishing vessel with lobster trap gear or person on a fishing vessel 
with lobster trap gear may fish, and no lobster trap gear may be 
deployed or remain, in Restricted Gear Area I as defined in paragraph 
(b)(2) of this section.
    (2) Definition of Restricted Gear Area I. Restricted Gear Area I is 
defined by straight lines connecting the following points in the order 
stated:

                            Inshore Boundary
------------------------------------------------------------------------
         Point to 120                 Latitude            Longitude
------------------------------------------------------------------------
69............................  40 deg.07.9' N.      68 deg.36.0' W.
70............................  40 deg.07.2' N.      68 deg.38.4' W.
71............................  40 deg.06.9' N.      68 deg.46.5' W.
72............................  40 deg.08.7' N.      68 deg.49.6' W.
73............................  40 deg.08.1' N.      68 deg.51.0' W.
74............................  40 deg.05.7' N.      68 deg.52.4' W.
75............................  40 deg.03.6' N.      68 deg.57.2' W.
76............................  40 deg.03.65' N.     69 deg.00.0' W.
77............................  40 deg.04.35' N.     69 deg.00.5' W.
78............................  40 deg.05.2' N.      69 deg.00.5' W.
79............................  40 deg.05.3' N.      69 deg.01.1' W.
80............................  40 deg.08.9' N.      69 deg.01.75' W.
81............................  40 deg.11.0' N.      69 deg.03.8' W.
82............................  40 deg.11.6' N.      69 deg.05.4' W.
83............................  40 deg.10.25' N.     69 deg.04.4' W.
84............................  40 deg.09.75' N.     69 deg.04.15' W.
85............................  40 deg.08.45' N.     69 deg.03.6' W.
86............................  40 deg.05.65' N.     69 deg.03.55' W.
87............................  40 deg.04.1' N.      69 deg.03.9' W.
88............................  40 deg.02.65' N.     69 deg.05.6' W.
89............................  40 deg.02.00' N.     69 deg.08.35' W.
90............................  40 deg.02.65' N.     69 deg.11.15' W.
91............................  40 deg.00.05' N.     69 deg.14.6' W.
92............................  39 deg.57.8' N.      69 deg.20.35' W.
93............................  39 deg.56.65' N.     69 deg.24.4' W.
94............................  39 deg.56.1' N.      69 deg.26.35' W.
95............................  39 deg.56.55' N.     69 deg.34.1' W.
96............................  39 deg.57.85' N.     69 deg.35.5' W.
97............................  40 deg.00.65' N.     69 deg.36.5' W.
98............................  40 deg.00.9' N.      69 deg.37.3' W.
99............................  39 deg.59.15' N.     69 deg.37.3' W.
100...........................  39 deg.58.8' N.      69 deg.38.45' W.
102...........................  39 deg.56.2' N.      69 deg.40.2' W.
103...........................  39 deg.55.75' N.     69 deg.41.4' W.
104...........................  39 deg.56.7' N.      69 deg.53.6' W.
105...........................  39 deg.57.55' N.     69 deg.54.05' W.
106...........................  39 deg.57.4' N.      69 deg.55.9' W.
107...........................  39 deg.56.9' N.      69 deg.57.45' W.
108...........................  39 deg.58.25' N.     70 deg.03.0' W.
110...........................  39 deg.59.2' N.      70 deg.04.9' W.
111...........................  40 deg.00.7' N.      70 deg.08.7' W.
112...........................  40 deg.03.75' N.     70 deg.10.15' W.
115...........................  40 deg.05.2' N.      70 deg.10.9' W.
116...........................  40 deg.02.45' N.     70 deg.14.1' W.
119 to 181....................  40 deg.02.75' N.     70 deg.16.1' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
          Point to 69                 Latitude            Longitude
------------------------------------------------------------------------
120...........................  40 deg.06.4' N.      68 deg.35.8' W.
121...........................  40 deg.05.25' N.     68 deg.39.3' W.
122...........................  40 deg.05.4' N.      68 deg.44.5' W.
123...........................  40 deg.06.0' N.      68 deg.46.5' W.
124...........................  40 deg.07.4' N.      68 deg.49.6' W.
125...........................  40 deg.05.55' N.     68 deg.49.8' W.
126...........................  40 deg.03.9' N.      68 deg.51.7' W.
127...........................  40 deg.02.25' N.     68 deg.55.4' W.
128...........................  40 deg.02.6' N.      69 deg.00.0' W.
129...........................  40 deg.02.75' N.     69 deg.00.75' W.
130...........................  40 deg.04.2' N.      69 deg.01.75' W.
131...........................  40 deg.06.15' N.     69 deg.01.95' W.
132...........................  40 deg.07.25' N.     69 deg.02.0' W.
133...........................  40 deg.08.5' N.      69 deg.02.25' W.
134...........................  40 deg.09.2' N.      69 deg.02.95' W.
135...........................  40 deg.09.75' N.     69 deg.03.3' W.
136...........................  40 deg.09.55' N.     69 deg.03.85' W.
137...........................  40 deg.08.4' N.      69 deg.03.4' W.
138...........................  40 deg.07.2' N.      69 deg.03.3' W.
139...........................  40 deg.06.0' N.      69 deg.03.1' W.
140...........................  40 deg.05.4' N.      69 deg.03.05' W.
141...........................  40 deg.04.8' N.      69 deg.03.05' W.
142...........................  40 deg.03.55' N.     69 deg.03.55' W.
143...........................  40 deg.01.9' N.      69 deg.03.95' W.
144...........................  40 deg.01.0' N.      69 deg.04.4' W.
146...........................  39 deg.59.9' N.      69 deg.06.25' W.
147...........................  40 deg.00.6' N.      69 deg.10.05' W.
148...........................  39 deg.59.25' N.     69 deg.11.15' W.
149...........................  39 deg.57.45' N.     69 deg.16.05' W.
150...........................  39 deg.56.1' N.      69 deg.20.1' W.
151...........................  39 deg.54.6' N.      69 deg.25.65' W.
152...........................  39 deg.54.65' N.     69 deg.26.9' W.
153...........................  39 deg.54.8' N.      69 deg.30.95' W.
154...........................  39 deg.54.35' N.     69 deg.33.4' W.
155...........................  39 deg.55.0' N.      69 deg.34.9' W.
156...........................  39 deg.56.55' N.     69 deg.36.0' W.
157...........................  39 deg.57.95' N.     69 deg.36.45' W.
158...........................  39 deg.58.75' N.     69 deg.36.3' W.
159...........................  39 deg.58.8' N.      69 deg.36.95' W.
160...........................  39 deg.57.95' N.     69 deg.38.1' W.
161...........................  39 deg.54.5' N.      69 deg.38.25' W.
162...........................  39 deg.53.6' N.      69 deg.46.5' W.
163...........................  39 deg.54.7' N.      69 deg.50.0' W.
164...........................  39 deg.55.25' N.     69 deg.51.4' W.
165...........................  39 deg.55.2' N.      69 deg.53.1' W.
166...........................  39 deg.54.85' N.     69 deg.53.9' W.
167...........................  39 deg.55.7' N.      69 deg.54.9' W.
168...........................  39 deg.56.15' N.     69 deg.55.35' W.
169...........................  39 deg.56.05' N.     69 deg.56.25' W.
170...........................  39 deg.55.3' N.      69 deg.57.1' W.
171...........................  39 deg.54.8' N.      69 deg.58.6' W.
172...........................  39 deg.56.05' N.     70 deg.00.65' W.
173...........................  39 deg.55.3' N.      70 deg.02.95' W.
174...........................  39 deg.56.9' N.      70 deg.11.3' W.
175...........................  39 deg.58.9' N.      70 deg.11.5' W.
176...........................  39 deg.59.6' N.      70 deg.11.1' W.
177...........................  40 deg.01.35' N.     70 deg.11.2' W.
178...........................  40 deg.02.6' N.      70 deg.12.0' W.
179...........................  40 deg.00.4' N.      70 deg.12.3' W.
180...........................  39 deg.59.75' N.     70 deg.13.05' W.
181 to 119....................  39 deg.59.3' N.      70 deg.14.0' W.
------------------------------------------------------------------------

    (c) Restricted Gear Area II.--(1) Duration.--(i) Mobile Gear. From 
November 27 through June 15, no fishing vessel with mobile gear or 
person on a fishing vessel with mobile gear may fish, or be, in 
Restricted Gear Area II (as defined in paragraph (c)(2) of this 
section) unless transiting. Vessels may transit this area provided that 
all mobile gear is on board the vessel while inside the area.
    (ii) Lobster trap gear. From June 16 through November 26, no 
fishing vessel with lobster trap gear or person on a fishing vessel 
with lobster trap gear may fish, and no lobster trap gear may be 
deployed or remain, in Restricted Gear Area II as defined in paragraph 
(c)(2) of this section.
    (2) Definition of Restricted Gear Area II. Restricted Gear Area II 
is defined by straight lines connecting the following points in the 
order stated:

                            Inshore Boundary
------------------------------------------------------------------------
          Point to 1                  Latitude             Longitude
------------------------------------------------------------------------
49...........................  40 deg.02.75' N......  70 deg.16.1' W.
50...........................  40 deg.00.7' N.......  70 deg.18.6' W.
51...........................  39 deg.59.8' N.......  70 deg.21.75' W.
52...........................  39 deg.59.75' N......  70 deg.25.5' W.

[[Page 2723]]

 
53...........................  40 deg.03.85' N......  70 deg.28.75' W.
54...........................  40 deg.00.55' N......  70 deg.32.1' W.
55...........................  39 deg.59.15' N......  70 deg.34.45' W.
56...........................  39 deg.58.9' N.......  70 deg.38.65' W.
57...........................  40 deg.00.1' N.......  70 deg.45.1' W.
58...........................  40 deg.00.5' N.......  70 deg.57.6' W.
59...........................  40 deg.02.0' N.......  71 deg.01.3' W.
60...........................  39 deg.59.3' N.......  71 deg.18.4' W.
61...........................  40 deg.00.7' N.......  71 deg.19.8' W.
62...........................  39 deg.57.5' N.......  71 deg.20.6' W.
63...........................  39 deg.53.1' N.......  71 deg.36.1' W.
64...........................  39 deg.52.6' N.......  71 deg.40.35' W.
65...........................  39 deg.53.1' N.......  71 deg.42.7' W.
66...........................  39 deg.46.95' N......  71 deg.49.0' W.
67...........................  39 deg.41.15' N......  71 deg.57.1' W.
68...........................  39 deg.35.45' N......  72 deg.02.0' W.
69...........................  39 deg.32.65' N......  72 deg.06.1' W.
70 to 48.....................  39 deg.29.75' N......  72 deg.09.8' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
         Point to 49                  Latitude             Longitude
------------------------------------------------------------------------
1............................  39 deg.59.3' N.......  70 deg.14.0' W.
2............................  39 deg.58.85' N......  70 deg.15.2' W.
3............................  39 deg.59.3' N.......  70 deg.18.4' W.
4............................  39 deg.58.1' N.......  70 deg.19.4' W.
5............................  39 deg.57.0' N.......  70 deg.19.85' W.
6............................  39 deg.57.55' N......  70 deg.21.25' W.
7............................  39 deg.57.5' N.......  70 deg.22.8' W.
8............................  39 deg.57.1' N.......  70 deg.25.4' W.
9............................  39 deg.57.65' N......  70 deg.27.05' W.
10...........................  39 deg.58.58' N......  70 deg.27.7' W.
11...........................  40 deg.00.65' N......  70 deg.28.8' W.
12...........................  40 deg.02.2' N.......  70 deg.29.15' W.
13...........................  40 deg.01.0' N.......  70 deg.30.2' W.
14...........................  39 deg.58.58' N......  70 deg.31.85' W.
15...........................  39 deg.57.05' N......  70 deg.34.35' W.
16...........................  39 deg.56.42' N......  70 deg.36.8' W.
21...........................  39 deg.58.15' N......  70 deg.48.0' W.
24...........................  39 deg.58.3' N.......  70 deg.51.1' W.
25...........................  39 deg.58.1' N.......  70 deg.52.25' W.
26...........................  39 deg.58.05' N......  70 deg.53.55' W.
27...........................  39 deg.58.4' N.......  70 deg.59.6' W.
28...........................  39 deg.59.8' N.......  71 deg.01.05' W.
29...........................  39 deg.58.2' N.......  71 deg.05.85' W.
30...........................  39 deg.57.45' N......  71 deg.12.15' W.
31...........................  39 deg.57.2' N.......  71 deg.15.0' W.
32...........................  39 deg.56.3' N.......  71 deg.18.95' W.
33...........................  39 deg.51.4' N.......  71 deg.36.1' W.
34...........................  39 deg.51.75' N......  71 deg.41.5' W.
35...........................  39 deg.50.05' N......  71 deg.42.5' W.
36...........................  39 deg.50.0' N.......  71 deg.45.0' W.
37...........................  39 deg.48.95' N......  71 deg.46.05' W.
38...........................  39 deg.46.6' N.......  71 deg.46.1' W.
39...........................  39 deg.43.5' N.......  71 deg.49.4' W.
40...........................  39 deg.41.3' N.......  71 deg.55.0' W.
41...........................  39 deg.39.0' N.......  71 deg.55.6' W.
42...........................  39 deg.36.72' N......  71 deg.58.25' W.
43...........................  39 deg.35.15' N......  71 deg.58.55' W.
44...........................  39 deg.34.5' N.......  72 deg.00.75' W.
45...........................  39 deg.32.2' N.......  72 deg.02.25' W.
46...........................  39 deg.32.15' N......  72 deg.04.1' W.
47...........................  39 deg.28.5' N.......  72 deg.06.5' W.
48 to 70.....................  39 deg.29.0' N.......  72 deg.09.25' W.
------------------------------------------------------------------------

    5(d) Restricted Gear Area III.--(1) Duration.--(i) Mobile Gear. 
From June 16 through November 26, no fishing vessel with mobile gear or 
person on a fishing vessel with mobile gear may fish, or be, in 
Restricted Gear Area III (as

[[Page 2724]]

defined in paragraph (d)(2) of this section) unless transiting. Vessels 
may transit this area provided that all mobile gear is on board the 
vessel while inside the area.
    (ii) Lobster trap gear. From January 1 through April 30, no fishing 
vessel with lobster trap gear or person on a fishing vessel with 
lobster trap gear may fish, and no lobster trap gear may be deployed or 
remain, in Restricted Gear Area III as defined in paragraph (d)(2) of 
this section.
    (2) Definition of Restricted Gear Area III. Restricted Gear Area 
III is defined by straight lines connecting the following points in the 
order stated:

                            Inshore Boundary
------------------------------------------------------------------------
          Point to 49                 Latitude            Longitude
------------------------------------------------------------------------
182...........................  40 deg.05.6' N.      70 deg.17.7' W.
183...........................  40 deg.06.5' N.      70 deg.40.05' W.
184...........................  40 deg.11.05' N.     70 deg.45.8' W.
185...........................  40 deg.12.75' N.     70 deg.55.05' W.
186...........................  40 deg.10.7' N.      71 deg.10.25' W.
187...........................  39 deg.57.9' N.      71 deg.28.7' W.
188...........................  39 deg.55.6' N.      71 deg.41.2' W.
189...........................  39 deg.55.85' N.     71 deg.45.0' W.
190...........................  39 deg.53.75' N.     71 deg.52.25' W.
191...........................  39 deg.47.2' N.      72 deg.01.6' W.
192 to 70.....................  39 deg.33.65' N.     72 deg.15.0' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
         Point to 182                 Latitude             Longitude
------------------------------------------------------------------------
49...........................  40 deg.02.75' N......  70 deg.16.1' W.
50...........................  40 deg.00.7' N.......  70 deg.18.6' W.
51...........................  39 deg.59.8' N.......  70 deg.21.75' W.
52...........................  39 deg.59.75' N......  70 deg.25.5' W.
53...........................  40 deg.03.85' N......  70 deg.28.75' W.
54...........................  40 deg.00.55' N......  70 deg.32.1' W.
55...........................  39 deg.59.15' N......  70 deg.34.45' W.
56...........................  39 deg.58.9' N.......  70 deg.38.65' W.
57...........................  40 deg.00.1' N.......  70 deg.45.1' W.
58...........................  40 deg.00.5' N.......  70 deg.57.6' W.
59...........................  40 deg.02.0' N.......  71 deg.01.3' W.
60...........................  39 deg.59.3' N.......  71 deg.18.4' W.
61...........................  40 deg.00.7' N.......  71 deg.19.8' W.
62...........................  39 deg.57.5' N.......  71 deg.20.6' W.
63...........................  39 deg.53.1' N.......  71 deg.36.1' W.
64...........................  39 deg.52.6' N.......  71 deg.40.35' W.
65...........................  39 deg.53.1' N.......  71 deg.42.7' W.
66...........................  39 deg.46.95' N......  71 deg.49.0' W.
67...........................  39 deg.41.15' N......  71 deg.57.1' W.
68...........................  39 deg.35.45' N......  72 deg.02.0' W.
69...........................  39 deg.32.65' N......  72 deg.06.1' W.
70 to 192....................  39 deg.29.75' N......  72 deg.09.8' W.
------------------------------------------------------------------------

    (e) Restricted Gear Area IV.--(1) Duration for Mobile Gear. From 
June 16 through September 30, no fishing vessel with mobile gear or 
person on a fishing vessel with mobile gear may fish, or be, in 
Restricted Gear Area IV (as defined in paragraph (e)(2) of this 
section) unless transiting. Vessels may transit this area provided that 
all mobile gear is on board the vessel while inside the area.
    (2) Definition of Restricted Gear Area IV. Restricted Gear Area IV 
is defined by straight lines connecting the following points in the 
order stated:

                            Inshore Boundary
------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
193...........................  40 deg.13.60' N.     68 deg.40.60' W.
194...........................  40 deg.11.60' N.     68 deg.53.00' W.
195...........................  40 deg.14.00' N.     69 deg.04.70' W.
196...........................  40 deg.14.30' N.     69 deg.05.80' W.
197...........................  40 deg.05.50' N.     69 deg.09.00' W.
198...........................  39 deg.57.30' N.     69 deg.25.10' W.
199...........................  40 deg.00.40' N.     69 deg.35.20' W.
200...........................  40 deg.01.70' N.     69 deg.35.40' W.
201...........................  40 deg.01.70' N.     69 deg.37.40' W.
202...........................  40 deg.00.50' N.     69 deg.38.80' W.
203...........................  40 deg.01.30' N.     69 deg.45.00' W.
204...........................  40 deg.02.10' N.     69 deg.45.00' W.
205...........................  40 deg.07.60' N.     70 deg.04.50' W.
206 to 119....................  40 deg.07.80' N.     70 deg.09.20' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
         Point to 193                 Latitude            Longitude
------------------------------------------------------------------------
69............................  40 deg.07.90' N....  68 deg.36.00' W.
70............................  40 deg.07.20' N....  68 deg.38.40' W.
71............................  40 deg.06.90' N....  68 deg.46.50' W.
72............................  40 deg.08.70' N....  68 deg.49.60' W.
73............................  40 deg.08.10' N....  68 deg.51.00' W.
74............................  40 deg.05.70' N....  68 deg.52.40' W.
75............................  40 deg.03.60' N....  68 deg.57.20' W.
76............................  40 deg.03.65' N....  69 deg.00.00' W.
77............................  40 deg.04.35' N....  69 deg.00.50' W.
78............................  40 deg.05.20' N....  69 deg.00.50' W.
79............................  40 deg.05.30' N....  69 deg.01.10' W.
80............................  40 deg.08.90' N....  69 deg.01.75' W.
81............................  40 deg.11.00' N....  69 deg.03.80' W.
82............................  40 deg.11.60' N....  69 deg.05.40' W.
83............................  40 deg.10.25' N....  69 deg.04.40' W.
84............................  40 deg.09.75' N....  69 deg.04.15' W.
85............................  40 deg.08.45' N....  69 deg.03.60' W.
86............................  40 deg.05.65' N....  69 deg.03.55' W.

[[Page 2725]]

 
87............................  40 deg.04.10' N....  69 deg.03.90' W.
88............................  40 deg.02.65' N....  69 deg.05.60' W.
89............................  40 deg.02.00' N....  69 deg.08.35' W.
90............................  40 deg.02.65' N....  69 deg.11.15' W.
91............................  40 deg.00.05' N....  69 deg.14.60' W.
92............................  39 deg.57.80' N....  69 deg.20.35' W.
93............................  39 deg.56.75' N....  69 deg.24.40' W.
94............................  39 deg.56.50' N....  69 deg.26.35' W.
95............................  39 deg.56.80' N....  69 deg.34.10' W.
96............................  39 deg.57.85' N....  69 deg.35.05' W.
97............................  40 deg.00.65' N....  69 deg.36.50' W.
98............................  40 deg.00.90' N....  69 deg.37.30' W.
99............................  39 deg.59.15' N....  69 deg.37.30' W.
100...........................  39 deg.58.80' N....  69 deg.38.45' W.
102...........................  39 deg.56.20' N....  69 deg.40.20' W.
103...........................  39 deg.55.75' N....  69 deg.41.40' W.
104...........................  39 deg.56.70' N....  69 deg.53.60' W.
105...........................  39 deg.57.55' N....  69 deg.54.05' W.
106...........................  39 deg.57.40' N....  69 deg.55.90' W.
107...........................  39 deg.56.90' N....  69 deg.57.45' W.
108...........................  39 deg.58.25' N....  70 deg.03.00' W.
110...........................  39 deg.59.20' N....  70 deg.04.90' W.
111...........................  40 deg.00.70' N....  70 deg.08.7'# W.
112...........................  40 deg.03.75' N....  70 deg.10.15' W.
115...........................  40 deg.05.20' N....  70 deg.10.90' W.
116...........................  40 deg.02.45' N....  70 deg.14.1' W.
119 to 206....................  40 deg.02.75' N....  70 deg.16.1' W.
------------------------------------------------------------------------

Subpart C--Egg Production Rebuilding Schedule and Adaptive 
Management Adjustments


Sec. 697.30  Purpose and scope.

    The purpose of this subpart is to specify the requirements and 
adaptive area management procedures for implementing the egg production 
rebuilding schedule for American lobster, intended to eliminate 
overfishing in all resource areas and rebuild the stock.


Sec. 697.31  Egg production rebuilding schedule Lobster Management 
Areas.

    (a) Management areas. The egg production rebuilding schedule shall 
be developed based on the status of stock of American lobsters and 
management considerations for each of the following lobster management 
areas described and defined in paragraph (a) of this section.
    (1) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area 
1 including state and Federal waters that are near-shore in the Gulf of 
Maine, as defined by the area bounded by straight lines connecting the 
following points, in the order stated, and the coastline of Maine, New 
Hampshire, and Massachusetts to the northernmost point on Cape Cod:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
A.............................  43 deg.58' N.......  67 deg.22' W.
B.............................  43 deg.41' N.......  68 deg.00' W.
C.............................  43 deg.12' N.......  69 deg.00' W.
D.............................  42 deg.49' N.......  69 deg.40' W.
E.............................  42 deg.15.5' N.....  69 deg.40' W.
G.............................  42 deg.05.5' N.....  70 deg.14' W.
------------------------------------------------------------------------

    (2) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area 
2 including state and Federal waters that are near-shore in Southern 
New England, defined as follows:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
H.............................  41 deg.40' N.......  70 deg.00' W.
I.............................  41 deg.15' N.......  70 deg.00' W.
J.............................  41 deg.21.5' N.....  69 deg.16' W.
K.............................  41 deg.10' N.......  69 deg.06.5' W.
L.............................  40 deg.55' N.......  68 deg.54' W.
M.............................  40 deg.27.5' N.....  72 deg.14' W.
N.............................  40 deg.45.5' N.....  71 deg.34' W.
O.............................  41 deg.07' N.......  71 deg.43' W.
P.............................  41 deg.06.5' N.....  71 deg.47' W.
Q.............................  41 deg.18'30'' N...  71 deg.54'30'' W.
R.............................  41 deg.11'30'' N...  71 deg.47'15'' W.
------------------------------------------------------------------------

    From point ``R'' along the maritime boundary between Connecticut 
and Rhode Island to the coastal Connecticut/Rhode Island boundary and 
then back to point ``H'' along the Rhode Island and Massachusetts 
coast.
    (3) Area 2/3 Overlap. In the southern New England area, there shall 
be an area of overlap between Area 2 and Area 3, defined as follows:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
K.............................  41 deg.10' N.......  69 deg.06.5' W.
L.............................  40 deg.55' N.......  68 deg.54' W.
M.............................  40 deg.27.5' N.....  72 deg.14' W.
N.............................  40 deg.45.5' N.....  71 deg.34' W.
------------------------------------------------------------------------

    (4) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3 
comprises entirely Federal waters defined by the area bounded by 
straight lines connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
A.............................  43 deg.58' N.        67 deg.22' W.
B.............................  43 deg.41' N.        68 deg.00' W.
C.............................  43 deg.12.5' N.      69 deg.00' W.
D.............................  42 deg.49' N.        69 deg.40' W.
E.............................  42 deg.15.5' N.      69 deg.40' W.
F.............................  42 deg.10' N.        69 deg.56' W.
K.............................  41 deg.10' N.        69 deg.06.5' W.
N.............................  40 deg.45.5' N.      71 deg.34' W.
M.............................  40 deg.27.5' N.      72 deg.14' W.
U.............................  40 deg.12.5' N.      72 deg.48.5' W.
V.............................  39 deg.50' N.        73 deg.01' W.
X.............................  38 deg.39.5' N.      73 deg.40' W.
Y.............................  38 deg.12' N.        73 deg.55' W.
Z.............................  37 deg.12' N.        74 deg.44' W.
ZA............................  35 deg.34' N.        74 deg.51' W.
ZB............................  35 deg.14.5' N.      75 deg.31' W.
ZC............................  35 deg.14.5' N.      71 deg.24' W.
------------------------------------------------------------------------

From point ``ZC'' along the seaward EEZ boundary to point ``A''.
    (5) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area 
4 including state and Federal waters that are near-shore in the 
northern Mid-Atlantic area, defined by the area bounded by straight 
lines connecting the following points:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
M.............................  40 deg.27.5' N.      72 deg.14' W.
N.............................  40 deg.45.5' N.      71 deg.34' W.
O.............................  41 deg.07' N.        71 deg.43' W.
P.............................  41 deg.06.5' N.      71 deg.47' W.
S.............................  40 deg.58' N.        72 deg.00' W.
T.............................  41 deg.00.5' N.      72 deg.00' W.
 
From Point ``T'', along the New York/New Jersey coast to Point ``W''....
W.............................  39 deg.50' N.        74 deg.09' W.
V.............................  39 deg.50' N.        73 deg.01' W.
U.............................  40 deg.12.5' N.      72 deg.48.5' W.
------------------------------------------------------------------------

From Point ``U'' back to Point ``M''.
    (6) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area 
5 including state and Federal waters that are near-shore in the 
southern Mid-Atlantic area, defined by the area bounded by straight 
lines connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
W.............................  39 deg.50' N.        74 deg.09' W.
V.............................  39 deg.50' N.        73 deg.01' W.
X.............................  38 deg.39.5' N.      73 deg.40' W.
Y.............................  38 deg.12' N.        73 deg.55' W.
Z.............................  37 deg.12' N.        74 deg.44' W.
ZA............................  35 deg.34' N.        74 deg.51' W.
ZB............................  35 deg.14.5' N.      75 deg.31' W.
------------------------------------------------------------------------

From Point ``ZB'' along the coasts of North Carolina, Virginia, 
Maryland, Delaware, New Jersey back to Point ``W''.
    (7) EEZ Nearshore Management Area 6. The EEZ Nearshore Management 
Area 6 includes New York and Connecticut state waters specified as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
T.............................  41 deg.00.5' N.      72 deg.00' W.
S.............................  40 deg.58' N.        72 deg.00' W.
------------------------------------------------------------------------

From Point ``S'', boundary follows the 3 mile limit of New York as it 
curves around Montauk Point to Point ``P''

------------------------------------------------------------------------
 
------------------------------------------------------------------------
P.............................  41 deg.06.5' N.      71 deg.47' W.
Q.............................  41 deg.18'30'' N.    71 deg.54'30'' W.
R.............................  41 deg.11'30'' N.    71 deg.47'15'' W.
------------------------------------------------------------------------

From point ``R'', along the maritime boundary between Connecticut and 
Rhode Island to the coast; then west along the coast of Connecticut to 
the western entrance of Long Island Sound; then east along the New York 
coast of Long Island Sound and back to Point ``T''.
    (8) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore

[[Page 2726]]

Outer Cape Lobster Management Area including state and Federal waters 
off Cape Cod, specified as follows:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
F.............................  42 deg.10' N.        69 deg.56' W.
G.............................  42 deg.05.5' N.      70 deg.14' W.
H.............................  41 deg.40' N.        70 deg.00' W.
I.............................  41 deg.15' N.        70 deg.00' W.
J.............................  41 deg.21.5' N.      69 deg.16' W.
------------------------------------------------------------------------

From Point ``J'' along the outer Cape Cod coast to Point ``F''.
    (9) NMFS may, consistent with Sec. 697.36, implement management 
measures necessary for each management area, in order to end 
overfishing and rebuild stocks of American lobster.
    (b) [Reserved]


Sec. 697.32  Management area designations.

    (a) Management area designations for vessels fishing with traps. 
(1) Each owner of a vessel issued a Federal limited access American 
lobster permit or CPH which fishes with traps capable of catching 
American lobster must complete a lobster management area designation 
and trap program application form and declare to NMFS in which 
management areas described in Sec. 697.31(a) the vessel intends to 
fish. The Regional Administrator will notify the applicant of any 
deficiency in the application pursuant to this section. It shall be 
unlawful to retain on board, land, or possess American lobster until 
the application is complete and the designation certificate is issued.
    (2) A lobster designation certificate will indicate which lobster 
management area or areas the vessel has elected.
    (3) Vessels issued a designation certificate electing to fish in 
any or all of the lobster EEZ Nearshore Management Areas (Area 1, Outer 
Cape Lobster Management Area, Area 2, Area 4, Area 5, or Area 6) 
regardless of whether the vessel has changed ownership after election, 
are prohibited from:
    (i) Fishing for, landing from, or possessing lobster in, unless in 
continuous transit, the lobster EEZ Offshore Management Area 3.
    (ii) Changing the elected management area designation to the EEZ 
Offshore Management Area 3.
    (iii) Changing the elected EEZ Nearshore Management Area 
designation for the remainder of the fishing year in which the EEZ 
Nearshore Management Area designation was elected.
    (4) A vessel issued a designation certificate electing more than 
one EEZ Nearshore Management Area (Area 1, Outer Cape Lobster 
Management Area, Area 2, Area 4, Area 5, or Area 6) and/or the Area \2/
3\ Overlap must abide by the most restrictive management measures in 
effect for the areas elected for the entire fishing year.
    (5) Vessels issued a designation certificate electing any of the 
EEZ Nearshore Management Area designations (Area 1, Outer Cape Lobster 
Management Area, Area 2, Area 4, Area 5, or Area 6) or the Area \2/3\ 
Overlap are subject to trap allocation requirements established in 
Sec. 697.33 (a) and (b) and subject to trap tag allocation requirements 
established in Sec. 697.34.
    (6) Vessels issued a designation certificate electing the lobster 
EEZ Offshore Management Area 3 regardless of whether the vessel changes 
ownership after election, are prohibited from:
    (i) Fishing for, landing from, or possessing lobsters in, unless in 
continuous transit, any of the lobster EEZ Nearshore Management Areas 
(Area 1, Outer Cape Lobster Management Area, Area 2, Area 4, Area 5, or 
Area 6), or;
    (ii) Changing the elected management area designation for the 
duration of the fishing year in which the EEZ Offshore Management Area 
3 was elected.
    (7) A vessel issued a designation certificate electing the lobster 
EEZ Offshore Management Area 3 may elect to change to the lobster EEZ 
Nearshore Management Areas (Area 1, Outer Cape Lobster Management Area, 
Area 2, Area 4, Area 5, or Area 6) during the annual permit renewal 
process, but once the vessel is issued a designation certificate in any 
of the EEZ Nearshore Management Areas (Area 1, Outer Cape Lobster 
Management Area, Area 2, Area 4, Area 5, or Area 6), regardless of 
whether the vessel changes ownership after election, the vessel is 
prohibited from:
    (i) Fishing for, landing from, or possessing lobster in the EEZ 
Offshore Management Area 3, for that fishing year or;
    (ii) Changing the elected management area designation to the EEZ 
Offshore Management Area 3 for any subsequent fishing year.
    (8) Vessels issued a designation certificate electing the EEZ 
Offshore Management Area 3 shall be subject to trap allocation 
requirements established in Sec. 697.33 (c) and (d) and subject to trap 
tag allocation requirements established in Sec. 697.34 for the entire 
fishing year, regardless of whether the vessel changes ownership after 
election.
    (9) A vessel issued a designation certificate electing the EEZ 
Offshore Management Area 3 and the Area \2/3\ Overlap must abide by the 
most restrictive management measures in effect for the areas elected 
for the entire fishing year, regardless of whether the vessel changes 
ownership after election.
    (10) If a vessel is bought, sold, or otherwise transferred, the 
management area designation(s) transfer with the vessel.
    (b) [Reserved]


Sec. 697.33  Trap allocations.

    (a) Beginning on May 1, 1999, it shall be unlawful for vessels 
issued a designation certificate electing to fish in any EEZ Nearshore 
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2, 
Area 4, Area 5, or Area 6) or the Area \2/3\ Overlap to fish with, 
deploy in, possess in, or haul back from such area more than 1,000 
traps.
    (b) Beginning on May 1, 2000, it shall be unlawful for vessels 
issued a designation certificate electing to fish in any EEZ Nearshore 
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2, 
Area \2/3\ Overlap, Area 4, Area 5, or Area 6) or the Area \2/3\ 
Overlap to fish with, deploy in, possess in, or haul back from such 
area more than 800 traps.
    (c) Beginning on May 1, 1999, it shall be unlawful for vessels 
issued a designation certificate electing to fish in the EEZ Offshore 
Management Area 3 to:
    (1) Fish with, deploy in, possess in, or haul back from such area 
more than 2,000 traps.
    (2) Fish with, deploy in, or haul back traps in any EEZ Nearshore 
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2, 
Area 4, Area 5, or Area 6) or state waters.
    (d) Beginning on May 1, 2000, it shall be unlawful for vessels 
issued a designation certificate electing to fish in the EEZ Offshore 
Management Area 3 to:
    (1) Fish with, deploy in, possess in, or haul back from such area 
more than 1,800 traps.
    (2) Fish with, deploy in, or haul back traps in any EEZ Nearshore 
Management Area (Area 1, Outer Cape Lobster Management Area, Area 2, 
Area 4, Area 5, or Area 6) or state waters.
    (e) On-shore trap count. When requested by an authorized officer, 
vessel owners must display lobsters traps for an on-shore count to 
verify the amount of lobster traps being fished in compliance with this 
section.


Sec. 697.34  Trap tag allocations.

    (a) A permit holder letter will be sent to all eligible Federal 
limited access American lobster vessels informing them of the costs 
associated with the

[[Page 2727]]

tagging requirement and directions for obtaining tags.
    (1) Each owner of a vessel issued a Federal limited access American 
lobster permit that fishes with traps capable of catching American 
lobster must complete a lobster management area designation and trap 
program application form, indicate the number of lobster trap tags that 
they are requesting, and include a check for the cost of the tags. The 
Regional Administrator will notify the applicant of any deficiency in 
the application pursuant to this section. It shall be unlawful to fish 
for, retain on board, land, or possess American lobster until the 
application is complete and the permit is issued.
    (2) The Regional Administrator may, by agreement with state 
agencies, permit trap tags issued by those agencies to fish for lobster 
in the EEZ in lieu of trap tags required by this part, provided that 
such tagging programs accurately identify Federal limited access 
American lobster permit holders who fish in the EEZ, and that the 
Regional Administrator can either individually, or in concert with the 
state agency, act to suspend the permit or license for EEZ fishing for 
any violation under this part.
    (3) Alternate state EEZ tagging programs may be established through 
an appropriate agreement between the Regional Administrator and the 
state concerned, dependent upon state and Federal enabling authorities. 
The letter of agreement will specify the information to be collected, 
how it will be collected, and how often it will be collected and 
provided to the Regional Administrator by the alternate EEZ tagging 
program. The Regional Administrator will, in cooperation with the 
state, arrange for notification of the existence and terms of any such 
agreements to the affected persons. Persons intending to fish in the 
EEZ should determine whether an alternate EEZ tagging program is in 
force for their state before applying for a Federal permit under 
Sec. 697.4.
    (b) (1) In any fishing year, the maximum number of tags authorized 
for direct purchase by each permit holder shall be the applicable trap 
limit specified in Sec. 697.33 plus an additional 10 percent to cover 
trap loss.
    (2) Lost tags. Vessel owners or operators are required to report in 
writing to the Regional Administrator lost, destroyed, and missing tags 
within 24 hours after the tags have been discovered lost, destroyed, or 
missing, on an official lobster trap tag replacement order form signed 
by the permit holder or authorized representative.
    (3) Replacement tags. Requests for replacement of lost tags in 
excess of the tag limit specified in paragraph (b)(1) of this section 
must be submitted in writing to the Regional Administrator on an 
official lobster trap tag replacement order form, signed by the permit 
holder or authorized representative. The form and request for 
replacement tags will be reviewed by the Regional Administrator on a 
case by case basis and a decision will be reached on the number of 
replacement tags to be issued, if any. A check for the cost of the 
replacement tags must be received before tags will be re-issued.
    (c) Effective May 1, 1999, it shall be unlawful to:
    (1) Fish any lobster trap in Federal waters unless a valid Federal 
lobster trap tag is permanently attached to the trap bridge or central 
cross-member.
    (2) Fail to produce, or cause to be produced, lobster trap tags 
when requested by an authorized officer.
    (3) Reproduce, or cause to be reproduced, lobster trap tags without 
the written consent of the Regional Administrator.
    (4) Tag a lobster trap with, or use, a lobster trap tag that has 
been reported lost, missing, destroyed, or issued to another vessel.
    (5) Sell, transfer, or give away lobster trap tags that have been 
reported lost, missing, destroyed, or issued to another vessel.


Sec. 697.35  Non-trap harvest restrictions.

    (a) Non-trap trap landing limits. In addition to the prohibitions 
set forth in Sec. 600.725 of this chapter, it is unlawful for a vessel 
that takes lobster on a fishing trip in the EEZ by a method other than 
traps to possess, retain on board, or land, in excess of 100 lobsters, 
for each lobster day-at-sea or part of a lobster day-at-sea, up to a 
maximum of 500 lobsters for any one trip, unless otherwise restricted 
by Sec. 648.80(a)(3)(i), Sec. 648.80(a)(4)(i)(A), (a)(8)(i), 
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), or (b)(3)(ii) of this 
chapter.
    (b) All persons that take lobsters on a fishing trip in the EEZ are 
prohibited from transferring or attempting to transfer American lobster 
from one vessel to another vessel.
    (c) Any vessel on a fishing trip in the EEZ that takes lobster by a 
method other than traps may not possess on board, deploy, fish with, or 
haul back traps.


Sec. 697.36  Adjustment to management measures.

    (a) On or before February 15, 2001, and annually on or before 
February 15, thereafter, NMFS may, after consultation with the 
Commission, file with the Office of Federal Register for publication of 
a proposed rule to implement additional or different management 
measures for Federal waters in any of the management areas specified in 
Sec. 697.31(a) if it is determined such measures are necessary to 
achieve or be compatible with ISFMP objectives, or the ISFMP, to be 
consistent with the national standards of the Magnuson-Stevens Act, or 
to meet overfishing and rebuilding requirements of the Magnuson-Stevens 
Act. These management measures may include, but are not limited to, 
continued reductions of fishing effort or numbers of traps, increases 
in minimum or maximum size, increases in the escape vent size, 
decreases in the lobster trap size, closed areas, closed seasons, 
landing limits, trip limits and other management area-specific measures 
as may be identified and recommended by the Commission prior to 
December 1 of the previous year. After considering comment, NMFS shall 
file with the Office of Federal Register for publication of a final 
rule to implement any such measures.
    (b) At any other time, NMFS may file with the Office of Federal 
Register for publication of a proposed rule, after consultation with 
the Commission, to implement any additional or different management 
measures in order to achieve ISFMP objectives or be consistent or 
compatible with Commission measures or recommendations. After 
considering public comments, NMFS may file with the Office of Federal 
Register for publication of a final rule to implement any such 
measures.
    (c) Notwithstanding other provisions of this part, NMFS may publish 
any additional or different management measures as described herein 
without prior public comment, pursuant to and consistent with 5 U.S.C. 
553.

[FR Doc. 99-835 Filed 1-11-99; 3:35 pm]
BILLING CODE 3510-22-P