[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68228-68262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30824]



[[Page 68227]]

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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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15 CFR Part 902



50 CFR Parts 649 and 697



American Lobster Fishery; Final Rule

  Federal Register / Vol. 64, No. 233 / Monday, December 6, 1999 / 
Rules and Regulations  

[[Page 68228]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 649 and 697

[Docket No. 990105002-9285-03; I.D. 110598D]
RIN 0648-AH41


American Lobster Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS issues final regulations to manage the American lobster 
fishery in the Exclusive Economic Zone (EEZ) from Maine through North 
Carolina. These final regulations remove existing management measures 
issued under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) and replaces them with the 
same and a variety of new management measures issued under the 
authority of the Atlantic Coastal Fisheries Cooperative Management Act 
(ACFCMA). New measures include designation of lobster management areas, 
restrictions on fishing gear and tagging requirements for lobster 
traps. In addition, these regulations establish an annual regulatory 
adjustment process for implementation of additional measures in 
consultation with the Atlantic States Marine Fisheries Commission 
(Commission). The intent of these regulations, in combination with 
state regulations governing the American lobster fishery in non-Federal 
waters, is to end overfishing and rebuild stocks of American lobsters.

DATES: Effective January 5, 2000.

ADDRESSES: Copies of supporting documents, including a Final 
Environmental Impact Statement and Regulatory Impact Review (FEIS/RIR) 
are available from Harold C. Mears, State, Federal and Constituent 
Programs Office, NMFS Northeast Region, One Blackburn Drive, 
Gloucester, MA 01930. Comments regarding burden estimates should be 
sent to: The Regional Administrator, NMFS, 1 Blackburn Drive, 
Gloucester, MA 01930, and 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: These final regulations remove existing 
regulations issued under the authority of the Magnuson-Stevens Act. 
NMFS has withdrawn the approval for the American Lobster Fishery 
Management Plan (FMP) because the majority of the lobster fishery 
(approximately 80 percent) takes place in state waters. Regulatory 
action in the EEZ (3 nautical miles [nm] (5.56 kilometers [km]) to 200 
nm (370.4 km) from shore) alone, even a total moratorium on harvesting 
lobsters, would not end overfishing of the resource. Adequate state 
lobster conservation measures, therefore, are essential to end 
overfishing of American lobster. It is clear to NMFS that it is not 
possible to meet the rebuilding requirements of the Magnuson-Stevens 
Act without full cooperation of the Atlantic coast states. Accordingly, 
NMFS is implementing Federal lobster conservation measures in the EEZ 
under the authority of the ACFCMA as part of Federal/state cooperative 
management.
    Section 804(b) of ACFCMA authorizes the Federal government to issue 
regulations governing fishing in the EEZ that are compatible with the 
effective implementation of the Commission's 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 regulations under ACFCMA 
in conjunction with the ISFMP, constitute the best option for 
management of the American lobster resource.
    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 preamble), 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 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 to end overfishing of lobsters and rebuild the lobster fishery. 
These regulations, together with a process for working with the 
Commission to devise future measures, constitute a 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 removal 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 future 
steps that are needed to rebuild egg production and end overfishing 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). Background 
information on the status of lobster stocks and the lobster fishery was 
presented in the preamble to the proposed rule (64 FR 2708) and is not 
repeated here. Additional background is available and contained in a 
FEIS/RIR prepared by NMFS for this rule (see ADDRESSES). Lobster 
Conservation Measures Currently in Place
    Most current management measures and prohibitions for Federal 
waters were 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 by any means,
    3. A prohibition on the possession of lobster meat and detached 
tails, claws or other parts of lobster,

[[Page 68229]]

    4. A prohibition on the possession of V-notched lobsters (i.e., 
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 in each 
trap (to allow lobsters to escape 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,
    8. A prohibition on the possession at any time of more than six 
lobsters per person when aboard a head, charter, or commercial 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 (or parts thereof) per trip of 5 or more 
days for fishermen using non-trap methods (this limit is imposed by 
regulations issued under the authority of the ACFCMA and is codified at 
50 CFR 697.7).
    This final regulation continues all of these measures, as well as 
imposes new measures described herein, but implements them under 
authority of the ACFCMA instead of the Magnuson-Stevens Act. 
Accordingly, this rule removes the lobster regulations currently 
codified at 50 CFR part 649 and replaces them with regulations codified 
at 50 CFR part 697.

Measures Adopted by the 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. Approved in December 1997, this 
amendment established an 8 year stock rebuilding schedule to restore 
egg production which would be 10 percent or more of the level produced 
by an unfished lobster population. The associated management measures 
are discussed in the proposed rule (64 FR 2708), and are not repeated 
here. The Commission approved Addendum 1 to that amendment on August 3, 
1999. That action approved additional area-based measures identified by 
the lobster conservation management teams for the seven lobster 
conservation management areas, comprised of industry representatives 
and established by the Commission. Except for Area 6 (Long Island 
Sound), each of the seven areas includes waters under Federal 
jurisdiction. The Commission recommended to the Secretary that he 
implement compatible regulations in Federal waters. The final 
regulations being issued by this rulemaking implement the Commission's 
recommendations contained in Amendment 3 of the American Lobster ISFMP. 
The Commission's recommendations contained in the more recent Addendum 
1, including imposing limitations on fishing for lobster based on 
historical participation and fishing practices in selected management 
areas, will be evaluated in accordance with Federal rulemaking and 
public review procedures. Toward this end, an advance notice of 
proposed rulemaking was published on September 1, 1999 (64 FR 47756) to 
promote awareness of potential eligibility criteria for future access 
to lobster management areas and to discourage shifts in the type of 
gear used to harvest lobster by Federal permit holders.
    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 fishing 
year 1999, and a 800 trap limit per vessel in fishing year 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 a 
vessel may set.

Area 3, Offshore Waters (Entirely in Federal Waters)

    The Commission, in Amendment 3, recommended that NMFS implement a 
limit of 2000 traps per vessel. The Commission in Addendum 1 to the 
American Lobster ISFMP recommends trap limits based upon historical 
participation.

Areas 4, 5 and 6, Long Island and South

    Trap reductions based upon historical participation in these 
management areas.

Outer Cape Cod Lobster Management Area

    The same trap limits as for Area 1, but no maximum carapace size.
    The Commission also adopted several measures for state waters which 
are not directly related to the trap fishery. For example, under 
Amendment 3, it adopted a prohibition on spearing lobsters, and also 
established limitations on harvesting lobsters by non-trap gear.

The NMFS Plan

    The NMFS Plan retains all current Federal measures for the 
management of the lobster fishery, but implements them by regulations 
issued under the authority of the ACFCMA. In addition, the following 
new measures are implemented to make the Federal plan compatible with 
the Commission's American Lobster ISFMP. Note that some measures apply 
to all Federal permit holders while others 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 the current moratorium scheduled to end on December 31, 
1999, no new permits are being issued. Persons may enter the fishery 
only by purchasing an existing vessel that already has a limited access 
permit and then contacting NMFS to request a permit transfer. The 
moratorium is continued. This will prevent any increase in the number 
of vessels permitted to take lobsters in Federal waters. 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, the boundaries of the lobster 
management areas specified by the Commission are adopted. The 
coordinates marking the perimeter of the areas are found in the 
regulations at Sec. 697.18.
    3. Lobster management area designation for vessels fishing for 
American lobsters with traps. Owners of vessels that elect to harvest 
American lobsters with traps are required to inform NMFS each year of 
the lobster management areas they intend to set trap gear in. Beginning 
May 1, 2000, vessels issued a limited access American lobster permit 
and fishing with traps, in any of the lobster conservation management 
areas (specified in Sec. 697.18), must have on board the vessel a 
management area designation certificate or valid limited access 
American lobster permit specifying the management area(s) the vessel is 
allowed to fish in.
    For fishing years 2000 and beyond, a vessel owner fishing with 
traps capable of catching American lobster must inform NMFS in which 
lobster management areas the vessel intends to fish when the vessel 
owner applies for or renews his/her limited access American lobster 
permit. Once a vessel has been issued a lobster management area 
designation certificate or limited access American lobster permit 
specifying the lobster EEZ management areas in which the vessel may 
fish, no

[[Page 68230]]

changes to the EEZ management areas specified may be made for the 
vessel for the remainder of the fishing year unless the vessel becomes 
a replacement vessel for another qualified vessel.
    A vessel issued a lobster management area designation certificate 
or limited access American lobster permit specifying more than one EEZ 
management area must abide by the most restrictive management measures 
in effect for any one of the specified areas, regardless of the area 
being fished, for the entire fishing year.
    4. Near-shore area trap limits. In order to cap effort in the near-
shore areas, Federal permit holders fishing in or electing to fish in 
Areas 1, 2, 4, 5, 6, the Outer Cape Lobster Management Area and/or only 
the Area 2/3 Overlap, are limited to setting a maximum of 1000 traps in 
fishing year 1999 and to setting a maximum of 800 traps in fishing year 
2000. Further trap limits or alternative conservation equivalent 
measures may be required in the future to meet stock rebuilding 
objectives. The purpose of this approach 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. 
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 the adaptive management 
procedures identified in Sec. 697.25 of the regulations.
    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, the size of lobster traps in 
the near-shore areas is restricted. To allow Federal permit holders a 
phase-in period to replace traps currently being fished that are larger 
than those allowed in Amendment 3, a two-step process restricting the 
size of traps fished in any nearshore area(s) is implemented.
    Beginning January 5, 2000, vessels cannot possess or deploy traps 
larger than 25,245 cubic inches (413,690 cubic centimeters) in volume 
as measured on the outside portion of the trap, exclusive of runners, 
in any nearshore area (Area 1, 2, 4, 5, 6, the Outer Cape Lobster 
Management Area, and/or only in the Area 2/3 Overlap). Beginning May 1, 
2003, vessels cannot possess or deploy traps larger than 22,950 cubic 
inches (376,081 cubic centimeters) in volume as measured on the outside 
portion of the trap, exclusive of runners, in any nearshore management 
area.
    6. Escape vents. Lobster trap gear must have a rectangular escape 
vent of at least 5\3/4\ inches by 1\15/16\ inches (14.6 cm by 4.92 cm), 
or two circular portals of at least 2\7/16\ inches (6.19 cm) in 
diameter.
    7. Area 1 maximum carapace size. In order to be compatible with the 
Commission's American Lobster ISFMP recommendations, the maximum 
carapace size is 5 inches (12.7 cm) in all areas, for Federal permit 
holders fishing in or electing to fish in Area 1. 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.
    8. Off-shore area trap limits and maximum trap size. Federal permit 
holders fishing in, or, electing to fish in Area 3, or only Area 3 and 
the Area 2/3 overlap, are limited to setting no more than 2000 traps 
from the permitted vessel in fishing year 1999 and no more than 1800 
traps from the permitted vessel in fishing year 2000. Further 
reductions of this trap limit may be required to meet lobster stock 
rebuilding objectives. The size of lobster traps in Area 3 and in the 
Area 2/3 overlap also is restricted. To allow Federal permit holders a 
phase-in period to replace traps currently being fished that are larger 
than those allowed in Amendment 3, a two-step process restricting the 
size of traps fished only in Area 3, or only in Area 3 and the Area 2/3 
Overlap is implemented.
    Beginning January 5, 2000, vessels fishing with traps only in Area 
3 or only in Area 3 and the Area 2/3 Overlap cannot possess or deploy a 
trap larger than 33,110 cubic inches (542,573 cubic centimeters) in 
volume as measured on the outside portion of the trap, exclusive of 
runners.
    Beginning May 1, 2003, vessels fishing with traps only in Area 3 or 
only in Area 3 and the Area 2/3 Overlap cannot possess or deploy a trap 
larger than 30,100 cubic inches (493,249 cubic centimeters) in volume 
as measured on the outside portion of the trap, exclusive of runners. 
Vessels fishing only in Area 3 or only in Area 3 and the Area 2/3 
Overlap are allowed a higher maximum number of traps and a larger 
maximum trap size in order to offset the additional costs and time 
required for fishing offshore. Federal permit holders who fish or elect 
to fish in Area 3 and any of the near-shore areas (Areas 1, 2, 4, 5, 6, 
and/or the Outer Cape Lobster Management Area), except the Area 2/3 
Overlap, are limited to setting a maximum of 1000 traps from the 
permitted vessel in fishing year 1999 and to setting a maximum of 800 
traps from the permitted vessel in fishing year 2000. Federal permit 
holders who elect to fish in Area 3 and any of the near-shore areas 
(Areas 1, 2, 4, 5, 6 and/or the Outer Cape Lobster Management Area) 
except the Area 2/3 Overlap, are prohibited from setting traps that are 
larger than the near-shore maximum size limit. Alternative and/or 
additional management measures will be considered in Federal waters in 
accordance with Commission recommendations and procedures identified in 
Sec. 697.25.
    9. Trap tag allocations. As a way to enforce the trap limits for 
each lobster management area, effective May 1, 2000, each trap set by a 
Federal permit holder must have a trap tag attached to the trap bridge 
or central cross-member. Lobster fishermen are required to purchase 
tags from NMFS or a NMFS-authorized distributor. On or after January 1, 
2000, a permit holder letter will be sent to all eligible Federal 
limited access American lobster vessels informing them of the costs 
associated with the tagging requirement and directions for obtaining 
tags. Each permit holder will be allowed to purchase tags, up to the 
maximum number of traps allowed in his or her area(s), plus 10 percent 
to cover in-season losses. Those persons fishing in near-shore areas 
will be allowed to purchase up to 880 tags in fishing year 2000. Those 
persons fishing only in Area 3 or only in Area 3 and the Area 2/3 
Overlap will be allowed to purchase up to 1980 tags in fishing year 
2000. 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, beginning May 1, 2000, will 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.
    10. State/Federal coordination. NMFS may consider alternative 
tagging programs with cooperating states through appropriate formal 
agreements to allow American lobster permit holders to use trap tags 
issued by those agencies to fish for lobster in the EEZ in lieu of trap 
tags issued by NMFS. NMFS will provide notice, as appropriate, to 
American lobster permit holders concerning procedures for procuring 
trap tags.
    11. Non-trap harvest restrictions. The regulations pertaining to 
non-trap

[[Page 68231]]

landing limits that are currently in place are continued. It is 
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 (or 
parts thereof), for each lobster day-at-sea, or part of a lobster day-
at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one 
trip, unless otherwise restricted.
    12. Modifications to the plan. On or before February 15, 2001, and 
at least annually on or before February 15, thereafter, NMFS may 
publish a proposed rule for evaluation of additional or different 
management measures for Federal waters to meet ISFMP and/or lobster 
stock rebuilding objectives. 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.
    NMFS endorses an area management approach which allows industry-
tailored management measures to meet industry needs on an area-by-area 
basis. Under this process, NMFS will work in partnership with the 
Commission and the states, under the provisions of the American Lobster 
ISFMP, in continuing efforts to develop a unified ``seamless'' approach 
to bridge state and Federal jurisdictions on an area-by-area basis.

Comments and Responses

    NMFS received hundreds of written comments on the American Lobster 
proposed rule during the public comment period, which ran from January 
11--February 26, 1999. Written comments were received from four members 
of the Senate of the United States, three members of the U.S. Congress, 
the Mid-Atlantic Fishery Management Council, the Atlantic States Marine 
Fisheries Commission, the U.S. Department of Interior, eight state 
fishery and environmental protection agencies, one state senator, nine 
fishing industry associations, two environmental groups, and 748 
individuals. One environmental group and two individuals supported 
implementation of the management measures as identified in the proposed 
Federal rule for American lobster. Conversely, 642 individuals 
submitted letters and postcards that expressed general opposition to 
the implementation of management measures in the proposed federal rule 
for American lobster. All of the comments were carefully considered. 
Concerns or opposition to specific aspects of the proposed Federal rule 
are identified and responded to here.
    Comment 1: Four hundred and seventy-eight commenters requested that 
NMFS delay implementation of management measures until the Commission 
approves the LCMT area management plans identified in the American 
Lobster ISFMP Amendment 3, addenda 1 and 2, scheduled for public 
hearings during 1999.
    Response: Selected aspects of the LCMT plans, e.g., management 
measures to control fishing effort in some areas based upon historical 
fishing practices, were recently approved by the Commission through an 
addendum to the American Lobster ISFMP. Approval of other measures 
proposed by the LCMTs to end lobster overfishing has been further 
postponed until a date uncertain, pending the results of an updated 
stock assessment. NMFS believes that continued delay for full 
consideration of the LCMT plans until a date yet to be determined by 
the Commission jeopardizes needed management measures to protect the 
lobster resource. On the basis of the recent ISFMP addendum, an advance 
notice of proposed rulemaking was published on September 1, 1999, in 
the Federal Register, to seek public comment on the potential for 
compatible action to limit fishing effort in the EEZ on the basis of 
historical participation. Additional area-specific management measures 
in the EEZ, as may be recommended by the Commission under future 
revisions to the ISFMP, will be considered under separate rulemaking. 
Also, supplemental measures to achieve the ISFMP's objective to end 
overfishing of American lobster will be implemented as described in the 
preamble to this final rule during subsequent years of the stock 
rebuilding period.
    All management measures in the final rule, with the exception of 
trap tag requirements and the requirement for possession of a 
certificate or a permit relating to area management designations, 
become effective January 5, 2000. A fishing area certificate or a 
permit relating to area management designations and the lobster trap 
tag program becomes effective May 1, 2000, coincident with the 2000/
2001 Federal fishing year. The delay of the certificate or a permit 
requirement relating to area management designations affords the time 
required for notification to Federal lobster permit holders and the 
subsequent response and mailing of the certificates or permits. The 
delay of the trap tag requirements allows additional time for 
coordination of trap tag regulations with the Commission and state 
fishery agencies, and will also allow additional time for the selection 
of a trap tag vendor and subsequent purchase and deployment of tags by 
Federal lobster permit holders coincident with the beginning of the 
next fishing year.
    Comment 2: Fourteen commenters opposed implementation of uniform 
trap limits as described in the proposed rule, and provided 
recommendations for alternative methods to determine trap allocations, 
especially allocations based on historic trap levels.
    Response: The capping and reduction of fishing effort, through 
uniform trap limits, is an important first step in reducing lobster 
fishing mortality that, when combined with other management measures, 
will increase the effectiveness of those measures in achieving ISFMP 
objectives to end overfishing and rebuild stocks of American lobster. 
The LCMTs have submitted area management proposals to the Commission, 
including management measures to control effort (some of which involve 
historic participation considerations) and increase egg production. The 
Commission adopted a two-phase approach to incorporate the LCMT 
recommendations, which will involve two addenda to Amendment 3 to the 
ISFMP. Addendum 1 incorporates measures from the LCMT proposals 
directed at controlling fishing effort, while other management measures 
to rebuild lobster stocks will be addressed in Addendum 2. The 
Commission held public hearings during April-May 1999 on Addendum 1, 
and will hold additional hearings on Addendum 2 in the future to 
receive public comments on egg production objectives and other facets 
of lobster management on an area by area basis. Since lobstermen 
throughout the range of the resource often fish in more than one 
management area, and since the plans vary with respect to proposed 
regulatory measures (including trap allocation strategies), these 
hearings provide an essential mechanism to enable an integrated public 
and policy evaluation of a unified approach for lobster area 
management. On August 3, 1999, the Commission approved guidelines as 
part of Addendum 1 to Amendment 3 of the ISFMP for the determination of 
trap limits based upon historical participation in certain lobster 
management areas. As a result of that action, an advance notice of 
proposed rulemaking was published on September 1, 1999 (64 FR 47756), 
to seek public comment on whether there is a need to restrict access of 
Federal permit holders to the lobster EEZ fishery on the basis of 
historical participation. Continued Federal rulemaking, along with the 
associated biological and

[[Page 68232]]

economic analyses, may be initiated in the near future.
    Comment 3: Forty-eight commenters felt that NMFS should adopt a 
plan and regulations that more specifically complement the Commission 
plan, especially with regard to implementation dates for default 
measures, including trap limits and trap tags.
    Response: NMFS is attempting to the extent practicable to implement 
EEZ regulations compatible with those in state waters identified in the 
ISFMP. One of the ISFMP goals is to minimize inconsistencies between 
state and Federal management regimes. The successful implementation of 
needed measures to achieve lobster management objectives is contingent 
not only on the resolve of state agencies to achieve those objectives, 
but also by the Commission's timeframe for the technical, public and 
policy review of area management proposals. The successful attainment 
of management goals is also influenced by the ISFMP's specifications of 
mandatory regulations in state waters, the establishment of a 
compliance schedule for implementation of those measures, and the 
inclusion of recommendations in the ISFMP for actions in the EEZ. Area 
management is further challenged by the time required to implement 
regulatory measures in state waters on a state by state basis, which 
can vary from several days to several months. Similarly, timing of 
lobster management measures in the EEZ is subject to Federal 
legislative requirements and rulemaking.
    With regard to the establishment of a resource-wide trap tagging 
program, the Commission recommends an implementation date of January 1, 
2000, rather than the May 1, 1999, implementation date for Federal 
waters referenced in the proposed rule. Accordingly, NMFS is delaying 
the implementation of a trap tag program for Federal lobster permit 
holders until the beginning (May 1) of the Federal lobster fishing year 
in the year 2000.
    In response to public comments, NMFS has decided, beyond fishing 
year 2000, not to identify, at this time, continued trap reductions as 
a ``default'' management measure. Instead, NMFS will evaluate 
forthcoming Commission recommendations for resource-wide management of 
American lobster, based upon the Commission's review and approval of 
conservation-equivalent proposals submitted by the LCMTs. Thus, NMFS is 
attempting to be as compatible as possible with ISFMP implementation 
dates, yet retaining the commitment to implement additional management 
measures during the stock rebuilding period necessary to end 
overfishing and rebuild stocks of American lobster.
    Comment 4: Twenty-seven commenters objected to the mutual exclusion 
provisions of the proposed rule which would prohibit vessels from 
fishing in the offshore area if any nearshore management area was 
elected, and would prohibit vessels from fishing in any of the 
nearshore management areas if the vessel elected the offshore 
management area.
    Response: This ``mutual exclusion'' provision has been deleted from 
the Federal regulations to be compatible with the Commission's ISFMP 
management measures. Accordingly, the final rule allows Federal lobster 
permit holders access to both inshore and offshore waters. A vessel 
issued a lobster management area designation certificate or limited 
access American lobster permit specifying more than one EEZ management 
area must abide by the most restrictive management measures in effect 
for any one of the specified areas, regardless of the area being 
fished, for the entire fishing year.
    Comment 5: Several commenters stressed the need for the regulations 
to be adaptable for each lobster management area, preferably through 
the use of industry LCMTs, to fit the needs and fishing patterns of the 
industry in each area.
    Response: The regulations were developed to accommodate 
consideration of unique management strategies for each of the lobster 
management areas. Proposals submitted by the respective LCMTs have been 
evaluated and approved by the Commission during the approval procedures 
for Addendum 1 to Amendment 3 of the ISFMP. See response to Comment 2. 
At such time when the Commission may adopt future modifications to LCMT 
proposals, NMFS will consider these changes, along with biological and 
socio-economic analyses, through rule-making procedures.
    Comment 6: One commenter does not believe that American lobsters 
are overfished and, therefore, no additional management measures are 
necessary.
    Response: NMFS disagrees. The most recent NMFS assessment of the 
lobster stock concluded that the resource is overfished throughout its 
range (22nd Northeast Regional Stock Assessment Workshop Document 96-
13, dated September 1996).
    Comment 7: Eight commenters stated that the measures identified in 
the proposed rule do not adequately demonstrate that the proposed 
management measures will end overfishing, increase egg production, or 
protect the lobster resource.
    Response: Management measures in Federal waters alone cannot end 
overfishing or rebuild American lobster stocks. Since most of the 
lobster fishery takes place in state waters, a joint management 
approach in cooperation with the states and Commission is the best way 
to protect the lobster resource. NMFS intends to work closely with the 
Commission and its LCMTs to implement whatever further compatible 
regulations are necessary to end overfishing and rebuild the lobster 
resource.
    Comment 8: Fifty-six commenters stated that NMFS should revise the 
proposed gear marking requirements and allow vessels to continue to use 
buoys instead of radar reflectors on lobster trawls containing more 
than three traps when fishing within 12 nm (22.2 km) of shore. A 
requirement to use radar reflectors would be cost prohibitive, 
unnecessary, and could become a hazard to navigation in heavily fished 
areas where dense concentrations of reflectors could appear as a solid 
land mass on ship radar.
    Response: NMFS agrees, and will maintain ``status quo'' gear 
marking requirements.
    Comment 9: One commenter felt NMFS should not mandate the compass 
direction of gear marking trap trawls consisting of more than three 
traps, but should allow fishermen to determine the appropriate 
direction.
    Response: NMFS disagrees. This requirement, contained in current 
regulations, is necessary to facilitate the enforcement and 
standardization of gear marking practices throughout the range of the 
resource.
    Comment 10: Several commenters stated that there is no accurate up-
to-date stock assessment or industry information (e.g., landings data, 
fishing effort) upon which to base management decisions.
    Response: NMFS disagrees. See response to Comment 6. The next stock 
assessment, as well as a peer review of that assessment, has been 
scheduled by the Commission to take place during the Fall 1999. The 
conclusion that American lobster is overfished is based upon the best 
available scientific information, as required by the ACFCMA. NMFS 
agrees, however, that statistics on landings and fishing effort should 
be improved to better characterize the resource and the lobster 
fishery, for example, through increased sea sampling and mandatory 
reporting at the vessel and dealer level on a trip-

[[Page 68233]]

by-trip basis. The associated requirements for such a program to 
monitor the eventual success of fishery management measures are being 
developed under the auspices of the State/Federal Atlantic Coastal 
Cooperative Statistics Program (ACCSP).
    Comment 11: Two commenters felt NMFS should increase the sea 
sampling program for vessels using trap gear.
    Response: NMFS agrees that there is a need to increase sea 
sampling. However, increasing sea sampling is restricted by budgetary 
constraints. NMFS has consulted with the Maine Department of Marine 
Resources to enhance sea sampling of American lobsters in Maine state 
waters during 1999.
    Comment 12: Five commenters supported continuation of the current 
moratorium on new entrants in the Federal lobster fishery until lobster 
is no longer overfished.
    Response: The current moratorium has been extended.
    Comment 13: Twenty-two commenters felt that license holders with 
Federal limited access lobster licenses who have not harvested lobsters 
within a predetermined time period should lose their ability to renew 
their permits.
    Response: Current Federal regulations for Federal American lobster 
(limited access) permit holders require annual renewals, but do not 
require that the permit be used in order for it to be renewed. The 
potential and rationale for requiring participation in the lobster 
fishery as a requirement to renewal is currently being evaluated 
through an advance notice of proposed rulemaking (64 FR 47756).
    Comment 14: Fifteen commenters supported the use of historic 
participation and historic trap allocations when determining where a 
lobsterman is allowed to fish and how much trap gear an individual may 
have in the water at any one time.
    Response: Industry-wide evaluation of lobster management area plans 
and management alternatives, including historic participation, is being 
coordinated through the Commission's adaptive management procedures. 
See Response for Comment 2.
    Comment 15: Two hundred and three commenters supported 
implementation of a management plan for the offshore area proposed by 
the Atlantic Offshore Lobstermen's Association (AOLA).
    Response: A primary component of the AOLA plan involves a capping 
of fishing effort based upon historic participation in the Area 3 
fishery. See response to Comment 2.
    Comment 16: Five commenters stated that the expansion of the 
offshore lobster fishery in the past 10 to 15 years represents a shift 
in traditional fishing practices of the industry and should not be the 
basis for higher trap allocations.
    Response: A higher trap limit in the offshore EEZ (Area 3) is based 
upon the Commission's recommendations and the historical character and 
economics of that fishery sector. Although not always the case, vessels 
in excess of 50 feet (15.24 meters) are required to prosecute the 
offshore fishery. Operating expenses are generally higher for these 
larger boats. Generally, it has also been necessary for these vessels 
to fish a greater number of lobster traps in efforts to increase and 
maintain harvest levels to offset the higher operational costs, as well 
as to adequately ensure effective fishing operations offshore. 
Therefore, in an attempt to achieve parity with inshore vessels in 
terms of impacts from reduction in trap limits, a higher trap limit is 
justified.
    Comment 17: Sixty-two commenters supported the coast-wide 
implementation of a maximum carapace size limit, varying from 4\1/4\ 
(11.43 cm) to 5\1/2\ inches (13.97 cm), for American lobster. Several 
of the commenters identified the benefit of maintaining a broodstock of 
large, prolific, female egg-bearing lobsters, which also have more 
viable and healthier eggs than lobsters at the current minimum legal 
size of 3\1/4\ inches (8.26 cm).
    Response: This rule implements a 5-inch (12.7 cm) maximum size, as 
recommended in Amendment 3 of the Commission's American Lobster ISFMP 
for the Area 1 (Gulf of Maine) lobster management area, in part, to 
maintain a long standing management measure in this fishing region. 
NMFS agrees that the implementation of a maximum size limit has benefit 
to the rebuilding of lobster stocks, but this benefit at the current 
time is limited, due to the paucity of larger lobsters since most 
lobsters are harvested before they become sexually mature. NMFS has 
determined that the uncertain benefits of the maximum size limit in 
areas other than Area 1 are outweighed by the costs of fishermen 
adjusting to such a measure. Nevertheless, the measure has strong 
support in the Gulf of Maine fishery as an area-specific regulation, 
and has been in place in Maine state waters for a number of years. On 
balance, therefore, since the maximum size limit is not a new measure 
for many fishermen, continuing the status quo provides some 
conservation benefit without introducing new management measures.
    Comment 18: Four commenters opposed the coast-wide implementation 
of a maximum carapace size limit of 5 inches (12.7cm) for American 
lobster. One commenter objected, identifying the high percentage of 
larger lobsters its members harvest and the adverse economic impact of 
a maximum gauge size would have on its members. Another commenter 
identified the need for ``trophy lobsters'' by its members and objected 
to implementation of a maximum carapace size limit restriction on the 
dive industry.
    Response: A maximum size requirement is being implemented only in 
Area 1 (Gulf of Maine), as recommended in the ISFMP.
    Comment 19: Three commenters expressed general concern about the 
continuing buildup in the number of traps fished by individual 
fishermen and the resulting increase in fishing effort on the lobster 
resource. Commenters stated that the practice of setting traps to stake 
out or claim productive fishing areas is becoming more common, and 
this, in turn, forces all other lobstermen to increase their traps to 
hold on to their existing fishing grounds.
    Response: Concern regarding increasing fishing effort in the 
American lobster fishery was noted in the Commission's American lobster 
ISFMP and the Federal Draft Environmental Impact Statement and 
Regulatory Impact Review (DEIS/RIR). Measures under this final rule cap 
fishing effort in both the nearshore and offshore EEZ. Further 
restrictions on fishing effort may be evaluated under the ISFMP 
provisions in future years in order to achieve stock rebuilding 
objectives for the American lobster resource.
    Comment 20: Fifty-two commenters supported a ban on the harvest of 
American lobster by non-trap fishing gear (otter trawls, dredges, 
gillnets, diving).
    Response: EEZ management measures continue a newly implemented 
(March 1998) landing limit of 100 lobsters (or parts thereof) per day, 
up to a maximum of 500 lobsters (or parts thereof) per trip of 5 or 
more days using non-trap methods. This possession limit allows for a 
legitimate bycatch of lobsters by non-trap gear, but creates a 
disincentive to target lobsters, thereby eliminating the potential for 
an unpredictable increase in effort by fishing vessels that are being 
severely restricted in other fisheries. Under this measure, historical 
levels of harvest by the non-trap fishery are not anticipated to be 
substantively impacted, resulting in a no-net decrease in revenues for 
approximately 76 percent of participants in this fishery.

[[Page 68234]]

On the basis of information available to NMFS, additional restrictions 
on the non-trap fishing sector, which accounts for approximately 2.2 
percent of total annual lobster landings, are not warranted at this 
time.
    Comment 21: One commenter stated that the proposed Federal 
regulations have failed to define a recreational dive vessel, one that 
is not a charter boat.
    Response: The definition for ``recreational fishing vessel'' has 
been clarified in the regulations to exclude ``commercial'' dive 
vessels. A commercial dive vessel means any vessel carrying divers for 
a per capita fee, a charter fee, or any other type of fee.
    Comment 22: One commenter sought clarification on whether the 
restricted gear areas apply to the sport diving community.
    Response: Restricted gear areas (50 CFR Sec. 697.23) apply only to 
lobster traps and mobile gear.
    Comment 23: One commenter supported continuation of Federal landing 
limits of 100 lobsters (or parts thereof) per day up to a maximum of 
500 lobsters (or parts thereof) per trip of 5 days or more on the non-
trap gear sector (otter trawl, dredge, gillnet, divers).
    Response: This restriction will be continued in the current 
regulations.
    Comment 24: One commenter sought clarification on whether Federal 
landing limits of 100 lobsters per day up to a maximum of 500 lobsters 
per trip of 5 days or more would apply to commercial dive vessels or if 
commercial dive vessels would be limited to six lobsters per person on 
board.
    Response: The possession limits for commercial dive vessels is six 
or fewer American lobsters per person on board the vessel. See 
Sec. 697.7(c)(2)(i)(C).
    Comment 25: Twenty-four commenters opposed any management measure 
that would result in an increase in the minimum carapace size of 3\1/4\ 
inches (8.26 cm).
    Response: An increase in the minimum carapace size as a fishery 
management measure is not currently included in the Federal 
regulations.
    Comment 26: Forty-one commenters supported an increase in the 
minimum legal size for American lobster. Several proposals recommended 
gradual incremental carapace increases spread out over multiple years 
with the most support centered on four \1/16\ of an inch (0.159 cm) 
increases over a 5-year period. Several commenters felt the gauge 
increase provided the single most effective conservation benefit to the 
lobster resource of any identified management measure.
    Response: Proposals to increase the minimum size of American 
lobster have been controversial due to potential and/or perceived 
economic impacts of marketing a slightly larger and marginally more 
expensive lobster. In addition, there has been concern over the 
financial impacts of a minimum size increase on those overseas markets 
that prefer a smaller-sized lobster. However, NMFS agrees that an 
increase in the minimum legal size has the potential to be an effective 
management measure in achieving ISFMP stock-rebuilding objectives. The 
potential for achieving this benefit is being evaluated for several 
lobster management areas by peer review and deliberations among the 
respective LCMTs through the Commission's adaptive management 
procedures. In response to recommendations contained in the ISFMP, NMFS 
has initiated consultations with the Canadian government concerning 
coordination of any future gauge size increases in both U.S. and 
Canadian waters.
    Comment 27: Sixty commenters supported a Federal requirement to v-
notch the tail section of egg-bearing female lobsters throughout the 
range of the resource. Several commenters wanted the definition of what 
constitutes a v-notched lobster to match the more restrictive Maine 
regulations.
    Response: A requirement to v-notch lobsters in Federal waters alone 
would not be compatible with the ISFMP, and benefits associated with 
the mandatory v-notching of lobsters have been disputed. However, NMFS 
has accepted the ISFMP recommendation to continue the prohibition on 
the possession of V-notched female lobsters in the EEZ. The current 
definition of a v-notched lobster conforms with the Commission's 
definition. NMFS is open to further refinement of this definition in 
consultation with the Commission.
    Comment 28: One commenter opposed v-notching the tail section of 
egg-bearing female lobsters, expressing concerns about an increased 
likelihood of bacterial infections to the cut tail flipper of v-notched 
lobsters and questionable conservation benefits of the practice.
    Response: See response for Comment 27.
    Comment 29: Eight commenters supported a regulation requiring the 
owner-operator to be present on board whenever the vessel is fishing.
    Response: Such a regulation at this time has not been considered 
for management of American lobster because it has not been proposed 
under the ISFMP. However, it is open for future consideration through 
the ISFMP's adaptive management procedures, and as may be appropriate, 
through subsequent Federal rulemaking procedures.
    Comment 30: Several commenters supported the need for a per vessel 
trap limit of 800 traps in the nearshore area by fishing year 2000.
    Response: For fishing year 1999, the trap limit is 1000 per vessel, 
and for fishing year 2000, the trap limit is 800 per vessel.
    Comment 31: Six commenters did not support the use of trap limits 
as a means to end overfishing of lobsters. Commenters indicated that 
trap limits would be too difficult to enforce and felt that trap 
reductions would force fishermen to fish more frequently due to 
economic necessity, which would increase the risk to personal health 
and safety.
    Response: Enforcement of a trap tag program has been a topic of 
concern and discussion throughout the development of the ISFMP. The 
Commission's Law Enforcement Committee, comprised of state and Federal 
law enforcement representatives, is addressing how best to enforce trap 
tag programs, given the importance of this management measure in 
reducing lobster fishing mortality and achieving ISFMP stock rebuilding 
objectives for American lobster. The impacts of management measures on 
fishing practices and the behavior of fishermen are difficult to 
predict. However, NMFS believes that most lobster fishermen will abide 
by the trap limits, notwithstanding enforceability concerns of the 
measures.
    Comment 32: Several commenters wrote in support of implementing 
maximum size limits on lobster traps as specified in the Commission's 
ISFMP and allowing for an exemption process for individuals with traps 
that exceed the specified maximum size.
    Response: To phase-in the implementation of a maximum size for 
American lobster trap gear in the EEZ, the regulations allow a 10-
percent overage to the maximum trap size recommended by the ISFMP until 
May 1, 2003, at which time the maximum trap size will be compatible 
with the recommendations in the Commissions ISFMP. This phase-in will 
help minimize economic burdens on lobstermen who currently use larger 
traps.
    Comment 33: Two commenters objected to the implementation of a trap 
tag program for Federal permit holders, and identified the measure as 
an unfunded Federal requirement that will be expensive to comply with.

[[Page 68235]]

    Response: NMFS believes that a trap tag program is an essential 
component of the American Lobster ISFMP to help ensure enforceability 
of trap limits in both state and Federal waters throughout the range of 
the American lobster.
    Comment 34: Fifteen commenters supported the implementation of a 
trap tag program to enforce proposed trap limits on Federal permit 
holders, but stressed the need to implement the requirement in 
coordination with the Commission. Commenters also stated that NMFS 
should recognize state tagging programs and require only one tag per 
trap to avoid duplication.
    Response: Implementation of some area management measures, such as 
trap limits, may initially result in duplication and/or differences 
between state and Federal regulations on a lobster management area by 
area basis. NMFS, working with the Commission, will consider ways to 
streamline and jointly administer such regulations with cooperating 
states through appropriate formal agreements.
    Comment 35: One commenter felt the current moratorium on the 
issuance of new permits in Federal waters should be eased by allowing a 
limited number of new permits for young people in the fishery.
    Response: NMFS believes that this would be counter to the 
objectives of the moratorium and the ISFMP goals during the American 
lobster stock rebuilding period.
    Comment 36: Thirty commenters supported increasing the minimum size 
of required rectangular escape vents from 1\3/4\ inches (4.45 cm) by 
5\3/4\ inches (14.61 cm) up to 1\15/16\ inches (4.92 cm) by 5\3/4\ 
inches (14.61 cm). A complementary circular vent size increase 
providing equivalent conservation was also supported.
    Response: Federal regulations will implement increased sizes of 
escape vents for all lobster traps deployed or possessed in the EEZ, or 
deployed, or possessed on or from a vessel issued a Federal limited 
access lobster permit. The specifications for escape vents are: 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) or two circular portals 
with unobstructed openings not less than 2\7/16\ inches (6.19 cm) in 
diameter.
    Comment 37: Twenty-six commenters objected to an increase in the 
minimum size of required rectangular escape vents, arguing that the 
increased vent size would allow legal lobsters to escape from the trap.
    Response: The implementation of an increased vent size, as 
recommended in the ISFMP, is a necessary component of measures to 
rebuild stocks of American lobster, i.e., to help ensure the escapement 
of sub-legal size lobsters.
    Comment 38: Fourteen commenters stated that NMFS should implement 
measures, including a control date, which would maintain the current 
structure of the industry and prevent vessels from shifting from non-
trap gear to trap gear.
    Response: The potential for a shift in effort from non-trap gear to 
trap gear is difficult to predict based on information before the 
agency at this time. The design and rationale of measures to address 
this potential, given this lack of information, is not possible without 
a more comprehensive evaluation of this concern. NMFS will consider 
public comments on potential limited access through the Advance Notice 
of Proposed Rulemaking that was published on September 1, 1999 (64 FR 
47756).
    Comment 39: One commenter supported the implementation of a 
prohibition on spearing lobsters.
    Response: This prohibition is included in the final rule.
    Comment 40: Several commenters objected to the boundary line 
between the Area 1 and Area 3 lobster management areas that occurs 
farther offshore from the line approved under the American Lobster FMP.
    Response: Designation of the boundary line as currently defined 
reflects the current consensus, in collaboration with the lobster 
industry, as referenced in Amendment 3 to the American Lobster ISFMP.
    Comment 41: Two individuals supported the use of seasonal closures 
to all lobster fishing as a management measure to end overfishing of 
lobster and allow for better enforcement of proposed Federal trap 
limits.
    Response: Seasonal closures as a management approach have not been 
evaluated under the ISFMP. Such closures may be, however, appropriate 
for public review and consideration through deliberations of the LCMTs.
    Comment 42: Six commenters proposed that the entire Gulf of Maine 
north of 42 deg. should be one management area, primarily to ensure 
enforcement of the 5 inch (12.7 cm) maximum carapace size prohibition 
in the offshore areas of the Gulf of Maine.
    Response: This suggestion would not be compatible with the lobster 
area designations, and associated boundary lines, recommended by the 
Commission and its member states under Amendment 3 to the ISFMP. The 
waters north of 42 deg. encompass separated portions of Lobster 
Management Area 1, the Outer Cape Management Area, and Lobster 
Management Area 3.
    Comment 43: Six commenters expressed concern that restrictive trap 
limits and trap reductions in Federal waters would result in a shift of 
effort to state waters with less restrictive regulations.
    Response: The trap limits in Federal waters for fishing years 1999 
and 2000 are similar to the trap limits for state waters in the Gulf of 
Maine and southern New England, as recommended in the ISFMP. There will 
be an annual adjustment of additional or different management measures 
for Federal waters which may include, but not be limited to, continued 
reductions in fishing effort and/or other management area-specific 
measures as may be recommended by the Commission to end overfishing and 
rebuild stock of American lobster. The behavior of fishermen and 
associated fishing practices, which may occur due to differing 
management measures in state and Federal waters, are difficult to 
predict. The potential impacts if they occur can be addressed through 
the ISFMP's adaptive management provisions, and adjustments to EEZ 
regulations for American lobster can be accomplished through Federal 
rulemaking procedures.
    Comment 44: One commenter felt that the entire offshore management 
area 3 should be closed to the harvest of American lobster to protect 
the population of large lobsters which may replenish the nearshore 
areas with larval and juvenile lobsters.
    Response: NMFS is aware of no compelling information which would 
justify closure of the Area 3 fishery to attain ISFMP objectives. In 
the absence of this information, such an action would not be based on 
the best scientific information available and would not be fair and 
equitable to the offshore EEZ industry sector. Geographical and 
seasonal closures of management areas or portions thereof, are a 
possible regulatory measure which may be potentially considered under 
the adaptive management provisions of the ISFMP.
    Comment 45: One commenter identified the need to prevent or reduce 
mortality on softshell lobsters, lobsters which have just molted or 
shed their shell.
    Response: Although NMFS agrees that it is important to protect 
softshell lobster, specific regulations for their protection have not 
been proposed under the ISFMP. Appropriate management measures, in 
consultation with the LCMTs, can be addressed during future years of 
the American

[[Page 68236]]

lobster stock rebuilding period through the ISFMP adaptive management 
provisions.
    Comment 46: One commenter supported implementation of lobster 
management area lines in Federal waters, as specified in the 
Commission's lobster ISFMP Amendment 3.
    Response: The final rule implements the lobster management areas as 
specified in Amendment 3 of the ISFMP.
    Comment 47: Twenty-five commenters expressed concern that the trap 
limits specified in this final rule could actually result in an 
increase in the number of traps fished. Commenters identified concerns 
over allowing permit holders currently fishing less than the proposed 
limits to increase their traps up to the proposed limit. In addition, a 
larger trap limit in Management Area 3 may attract nearshore vessels 
into Area 3, thereby increasing effort in the offshore fishery.
    Response: The behavior of fishermen and associated changes in 
fishing practices may or may not occur, and are difficult to predict. 
See response to Comment 45. NMFS questions whether new trap limits in 
nearshore and offshore EEZ waters would actually attract vessels to 
Area 3, since Federal permit holders fishing only in nearshore waters 
have always had this option. Those who have historically fished 
nearshore, and now opt to fish both nearshore and offshore, would have 
to abide by the stricter nearshore trap limits, regardless of where the 
fishing for lobster occurs.
    Comment 48: Seven commenters stated that proposed trap limits and 
escape vent regulations would create economic hardship for Federal 
permit holders who have historically fished primarily for black sea 
bass and also hold a Federal lobster permit. Commenters recommended an 
exemption or waiver for vessels legally fishing for black sea bass so 
the traps could be fitted with nonconforming escape vents and still 
retain American lobster.
    Response: A previous evaluation of this suggestion in 1986 (51 FR 
19210) under the New England Fishery Management Council's FMP concluded 
that such a measure is not justified or appropriate for management of 
the lobster resource. Such a measure could have the unintended effect 
of creating a loophole for Federal permit holders intending to fish 
primarily for black sea bass and yet would allow the retention of a 
significant harvest of lobsters, and would compromise the 
enforceability of the vent size requirement in the lobster fishery. 
NMFS concludes that, on balance, the need to maintain the integrity of 
the vent size requirement, and its benefits as a lobster management 
measure, outweigh the loss resulting from a possible but unquantified 
escapement of black sea bass through the required size vents of trap 
fishing gear. The final rule minimizes hardship on Federal permit 
holders, while initiating necessary additional management measures to 
end overfishing and rebuild stocks of American lobster. The rule 
requires vessels with a Federal limited access lobster permit fishing 
with traps to comply with lobster escape vent requirements specified in 
Sec. 697.21(c).
    Comment 49: Five commenters stated the need to allow vessels to 
fish under their particular area regulations for Area 2 or Area 3 when 
fishing in the area defined as the Area 2/3 Overlap.
    Response: NMFS has made this change to the regulations.
    Comment 50: One commenter asked why replacement tags will be 
limited to only 10 percent of the annual trap tag allocation.
    Response: The 10-percent initial limitation for replacement tags is 
based upon the successful implementation of an identical limitation in 
a trap tag program which has been in existence in Maine waters for a 
number of years, and upon Commission recommendations for future 
implementation of trap tag programs in state and Federal waters. These 
recommendations were developed jointly among state, NMFS, industry, and 
law enforcement representatives to provide uniformity between state and 
Federal programs. The 10-percent initial limitation also serves to 
streamline the administrative logistics of a trap tag program in 
Federal waters and minimizes potential abuse of trap tag allocations. 
The regulations provide for reissuance of lobster tags above the 10-
percent annual tag allocation to accommodate catastrophic loss of tags. 
A request for the reissuance of tags above the 10-percent limit must be 
submitted in writing to the Regional Administrator and a decision will 
be reached in the number of replacement tags, if any, to be issued, on 
a case-by-case basis.
    Comment 51: One commenter requested that NMFS recognize and respect 
the Commission's management tool of conservation equivalency which 
allows states to develop management measures which are equal to, or 
more restrictive than, what is called for in the ISFMP.
    Response: NMFS agrees and acknowledges the provisions for 
conservation equivalency in the ISFMP. As conservation equivalent 
measures are proposed and approved by the Commission, NMFS will 
evaluate such measures and, as appropriate, consider them for 
implementation in the EEZ through Federal rulemaking procedures.
    Comment 52: One commenter stated that lobstermen fishing 
exclusively in state waters should not be limited to Federal trap 
limits, even if they hold a Federal lobster permit.
    Response: NMFS disagrees. Federal lobster permit holders must abide 
by stricter Federal regulations, when such regulations exist, even when 
fishing in state waters. This promotes enforceability and consistency 
between state and Federal jurisdictions. A vessel fishing exclusively 
in state waters has the option of turning in the Federal permit.
    Comment 53: One commenter asked for clarification on whether 
federally permitted lobster fishermen could sell their lobsters to 
federally permitted dealers only or to other dealers, as well.
    Response: Current and continuing regulations prohibit the sale of 
American lobster by federally permitted vessels to any dealer, unless 
the dealer has a valid Federal dealer's permit to purchase, possess, or 
receive for a commercial purpose, American lobster.
    Comment 54: Several commenters stated that NMFS should implement 
horsepower and vessel length restrictions that have been implemented in 
other Federal fisheries to curb an increase in fishing effort in the 
offshore fishery.
    Response: Although such restrictions could provide a disincentive 
for inshore vessels to participate in the offshore EEZ fishery, the 
lobster fishery has historically, and continues to be, primarily an 
inshore fishery. Horsepower and vessel length restrictions however, 
have recently been recommended by the ASMFC for the offshore fishery, 
and may be evaluated through future Federal rulemaking procedures.
    Comment 55: One commenter asked for clarification on several 
aspects of the Federal regulations (Sec. 697.12) concerning at-sea sea 
sampler/observer coverage; specifically, can a lobster vessel continue 
to fish once notified that the vessel has been selected to take a sea 
sampler/observer; does the sea sampler/observer provide his/her own 
liability insurance; and does the sea sampler/observer provide his/her 
safety equipment such as the survival suit?
    Response: Once a vessel is requested to carry a NMFS-approved area 
sea sampler/observer, that vessel may not engage in any lobster fishing 
operations unless a sea sampler/observer is on board, or until NMFS 
waives the

[[Page 68237]]

requirement. It would be the responsibility of the vessel owner to 
arrange for and facilitate sea sampler/observer placement. In similar 
situations for other fisheries, NMFS has helped arrange or provided 
guidance regarding liability coverage and access to survival gear. See 
the regulations at 50 CFR 600.746.
    Comment 56: Several commenters asked NMFS to specify more clearly 
the ghost panel requirement, since no trap is made entirely of wood.
    Response: The requirements relating to a ghost panel for lobster 
traps not constructed entirely of wood have been clarified and are 
specified in Sec. 697.21(d).
    Comment 57: One commenter noted that the approved Area 1 line 
heading west does not hit land at the northernmost part of Cape Cod, MA 
and requested NMFS look closely at this line and work with the 
Commission to correct this error.
    Response: This oversight was acknowledged during public hearings 
relating to proposed addendum 1 to the ISFMP. Accordingly, this final 
rule changes the Area 1 line to reflect the correction proposed by the 
Commission.
    Comment 58: One commenter opposed the proposed Federal requirement 
to display lobsters traps for an on-shore count, upon request by an 
authorized officer, to verify the number of lobster traps being fished 
in compliance with limits on lobster trap allocations.
    Response: NMFS agrees, and concludes that the proposed regulation 
is burdensome and ineffective for the intended purpose of ensuring 
compliance with the trap limit requirement, and, therefore, has deleted 
the provision.
    Comment 59: Several commenters opposed the wording requiring 
notification of lost trap tags as not practical, and stated that NMFS 
should reconsider this provision.
    Response: NMFS has reconsidered the logistics requiring 
notification of lost tags, and has increased the notification from 24 
hours to ``as soon as feasible, but not more than 7 days after tags 
have been discovered lost.'' This notification may be made by letter or 
fax to the Regional Administrator.
    Comment 60: Seven commenters requested that NMFS extend the comment 
period to allow adequate time to review and respond to measures 
described in the proposed Federal rule.
    Response: NMFS extended the public comment period from February 10, 
1999, to February 26, 1999. A second request to further extend this 
period through March 15, 1999, was not approved, since the February 26 
extension was determined to afford adequate time for the public to 
provide comments on the proposed rule.
    Comment 61: One commenter requested NMFS review the coordinates 
identifying points Q and R which delineate the boundary for Area 6 in 
Sec. 697.31, which describe the lobster management areas. The commenter 
stated that these coordinates have been transposed by the Commission 
and in the proposed Federal rule.
    Response: NMFS has made this correction for both Area 2 and Area 6.

Changes From the Proposed Rule

    Changes were made to several sections of the proposed rule to 
clarify the measures, respond to public comments, and to ensure 
consistency with other fishery regulations. Changes were made as 
follows:
    In Sec. 697.2, the definition of ``dealer'' was added.
    In Sec. 697.2, the definition of ``Dive boat'' was modified to add 
the word ``commercial'' and the word ``boat'' was changed to 
``vessel''. The intent of this modification is to clarify and 
differentiate any vessel carrying divers for a per capita fee, a 
charter fee, or any other fee, from other recreational fishing vessels 
where any lobsters taken are not intended to be, or are not, traded, 
bartered, or sold.
    In Sec. 697.2, the definition of ``recreational fishing'' was 
added.
    In Sec. 697.2, the definition of ``recreational fishing vessel'' 
was added.
    In Sec. 697.2, the definition of ``scrubbing'' was removed. The 
reference to the definition occurred in Sec. 697.20 ``Size, harvesting 
and landing requirements'' in paragraph (e) which has been more clearly 
described as ``Removal of eggs'', eliminating the need to define the 
word ``scrubbing'.
    In Sec. 697.2, the definition of ``trap'' was revised to include 
the sentence ``Red crab fishing gear, fished deeper than 200 fathoms 
(365.8 m), is gear deemed not to be a trap for the purposes of this 
part, and is not subject to the provisions of this part.''. The 
exemption from lobster regulations for red crab fishing gear is in 
existing regulations and was added because it was inadvertently omitted 
in the proposed rule.
    In Sec. 697.4, paragraph (a)(1), the text was revised to more 
clearly indicate that vessels currently holding a limited access 
American lobster permit issued under Sec. 649.4 do not need to renew 
their existing permit upon transfer of management authority from the 
Magnuson-Stevens Act to the ACFCMA.
    In Sec. 697.4, paragraph (a)(3), the text regarding change of 
ownership was revised by adding the phrase ``and management area 
designation, when required'' to clearly indicate that lobster 
management area designations are presumed to transfer with the vessel 
whenever it is bought, sold, or otherwise transferred, unless there is 
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.
    In Sec. 697.4, paragraph (a)(7), was redesignated as (a)(7) and the 
text was simplified. Paragraph (a)(7) was expanded to more clearly 
indicate the date of implementation for the management area designation 
requirement is specified as May 1, 2000, and now includes text on the 
management area designation requirements previously located at 
Sec. 697.32(a). See the text describing additional Sec. 697.32 
revisions located further along in this section.
    In Sec. 697.4, paragraph (c), the phrase ``lobster management area 
designation, as specified in Sec. 697.18, the vessel will fish if 
fishing with traps capable of catching American lobster'' was added to 
the vessel permit requirements, to incorporate the requirement to 
declare the lobster management area(s) the vessel will specify, as part 
of the annual permit renewal process.
    In Sec. 697.4, paragraph (d) was added to consolidate and clarify 
the trap tag information requirements for vessels fishing with traps, 
previously located at Sec. 697.34(a).
    In Sec. 697.5, paragraphs (d), (e), (f), and (k) were revised to 
eliminate a referral to see similar text found in Sec. 697.4 and, in 
place of the referral, text was added to specifically apply to 
requirements for operator permits.
    In Sec. 697.6, paragraphs (b), (c), (r), (i), (j), (k), and (m) 
were revised to eliminate a referral to see similar text found in 
Sec. 697.4 and Sec. 697.5 and, in place of the referral, text was added 
to specifically apply to requirements for dealer permits.
    In Sec. 697.7, paragraphs (c), (d), and (e) containing all lobster 
prohibitions and presumptions were revised and consolidated under 
paragraph (c) for clarity. Paragraph (c)(1) now contains prohibitions 
previously identified as (c), paragraph (c)(2) now contains 
prohibitions previously identified as (e), and paragraph (c)(3) now 
contains prohibitions previously identified as (d) in the proposed 
rule. Paragraph (d) now

[[Page 68238]]

contains prohibitions for Atlantic sturgeon.
    In Sec. 697.7, paragraph (c), redesignated as (c)(1), the phrase 
``or a vessel or person holding a valid State of Maine American lobster 
permit or license and fishing under the provisions of and under the 
areas designated in Sec. 697.24 to do any of the following:'' is a 
continuation of existing regulations inadvertently omitted from the 
proposed rule text and was added back to the prohibitions. On October 
11, 1996, the Sustainable Fisheries Act (SFA) was signed into law and 
amended, among other statutes, the ACFCMA (16 U.S.C. 5101 et seq.) to 
allow fishing for lobster by vessels issued Maine State American 
lobster permits in designated areas of the EEZ. These areas are often 
referred to as Maine pocket waters. The SFA provides that any person 
holding a valid permit issued by the State of Maine may engage in 
lobster fishing in these pocket waters, if such fishing is in 
accordance with all other applicable Federal and state regulations. 
These pocket waters are small areas of the EEZ that lie between two 
areas of State waters, created by islands near the coast of Maine.
    In Sec. 697.7, paragraph (c)(1)(vii) was added to the Prohibitions 
section to make it unlawful for any person owning or operating a vessel 
issued a Federal limited access American lobster permit under 
Sec. 697.4 or a vessel or person holding a valid State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec. 697.24 to possess, deploy, fish 
with, haul, harvest lobster from, or carry aboard a vessel trap gear in 
excess of the trap limits specified in Sec. 697.19. This management 
requirement was identified under management measures in the Proposed 
Rule, but was inadvertently omitted from the prohibition section at 
that time.
    In Sec. 697.7, paragraph (c)(1) (xix) and (xx) were added to the 
Prohibitions section to make it unlawful for any person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec. 697.4 or a vessel or person holding a valid State of 
Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec. 697.24 to refuse 
or fail to carry a sea sampler/observer if requested to do so by the 
Regional Administrator, or to fail to provide a sea sampler/observer 
with required food, accommodations, access, and assistance, as 
specified in Sec. 697.12. This management requirement was identified 
under management measures in the proposed rule, but was inadvertently 
omitted from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(1)(xxi) was added to the prohibitions 
section to make it unlawful to for any person owning or operating a 
vessel issued a Federal limited access American lobster permit under 
Sec. 697.4 or a vessel or person holding a valid State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec. 697.24 to violate any terms of a 
letter authorizing exempted fishing pursuant to Sec. 697.22 or to fail 
to keep such letter aboard the vessel during the time period of the 
exempted fishing. This management requirement was identified under 
management measures in the proposed rule, but was inadvertently omitted 
from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(1)(xxii) was added to the Prohibitions 
section to make it unlawful for any person owning or operating a vessel 
issued a Federal limited access American lobster permit under 
Sec. 697.4 or a vessel or person holding a valid State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec. 697.24 to possess, deploy, fish 
with, haul, harvest lobster from, or carry aboard a vessel any trap 
gear on a fishing trip in the EEZ from a vessel that fishes for, takes, 
catches, or harvests lobster by a method other than traps. This 
management requirement was identified under management measures in the 
Proposed Rule, but was inadvertently omitted from the prohibition 
section at that time.
    In Sec. 697.7, paragraph (c)(1)(xxiii) was added to the 
Prohibitions section to make it unlawful for any person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec. 697.4 or a vessel or person holding a valid State of 
Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec. 697.24 to fish 
for, take, catch, or harvest lobster on a fishing trip in or from the 
EEZ by a method other than traps, in excess of 100 lobsters (or parts 
thereof) for each lobster day-at-sea or part of a lobster day-at-sea, 
up to a maximum of 500 lobsters (or parts thereof) for any one trip 
unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), 
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was 
identified under management measures in the proposed rule, but was 
inadvertently omitted from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(1)(xxiv) was added to the prohibitions 
section to make it unlawful for any person owning or operating a vessel 
issued a Federal limited access American lobster permit under 
Sec. 697.4 or a vessel or person holding a valid State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec. 697.24 to possess, retain on 
board, or land lobster by a vessel with any non-trap gear on board 
capable of catching lobsters, in excess of 100 lobsters (or parts 
thereof) for each lobster day-at-sea or part of a lobster day-at-sea, 
up to a maximum of 500 lobsters (or parts thereof) for any one trip 
unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), 
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was 
identified under management measures in the proposed rule, but was 
inadvertently omitted from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(1)(xxv) was added to the prohibitions 
section to make it unlawful for any person owning or operating a vessel 
issued a Federal limited access American lobster permit under 
Sec. 697.4 or a vessel or person holding a valid State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec. 697.24 to transfer or attempt to 
transfer American lobster from one vessel to another vessel. This 
management requirement was identified under management measures in the 
proposed rule, but was inadvertently omitted from the prohibition 
section at that time.
    In Sec. 697.7, paragraph (c)(1)(xxvi) was added to the prohibitions 
section to make it unlawful, beginning May 1, 2000, for any person 
owning or operating a vessel issued a Federal limited access American 
lobster permit under Sec. 697.4 or a vessel or person holding a valid 
State of Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec. 697.24 to possess, 
deploy, fish with, haul, harvest lobster from, or carry aboard a vessel 
any trap gear in or from the management areas specified in Sec. 697.18, 
unless such fishing vessel has been issued a valid management area 
designation certificate or valid limited access American lobster permit 
specifying such management area(s) as required under Sec. 697.4(a)(7). 
This management requirement was identified under management measures in 
the proposed rule, but was inadvertently omitted from the prohibition 
section at that time.

[[Page 68239]]

    In Sec. 697.7, paragraph (c)(2), redesignated as (c)(1)(ii), the 
phrase ``up to the time when a dealer receives or possesses American 
lobster for a commercial purpose,'' was added to clarify that the 
prohibition against possession of lobster parts in violation of the 
mutilation standards applies up to the point of possession by a 
licensed dealer.
    In Sec. 697.7, paragraph (c)(2)(vi) was added to the prohibitions 
section to make it unlawful for any person to assault, resist, oppose, 
impede, harass, intimidate, or interfere with or bar by command, 
impediment, threat, or coercion any NMFS-approved sea sampler/observer 
aboard a vessel conducting his or her duties aboard a vessel, or any 
authorized officer conducting any search, inspection, investigation, or 
seizure in connection with enforcement of this part, or any official 
designee of the Regional Administrator conducting his or her duties. 
This management requirement was identified under management measures in 
the proposed rule, but was inadvertently omitted from the prohibition 
section at that time.
    In Sec. 697.7, paragraph (c)(2)(vii) was added to the prohibitions 
section to make it unlawful for any person to refuse to carry a sea 
sampler/observer if requested to do so by the Regional Administrator. 
This management requirement was identified under management measures in 
the proposed rule, but was inadvertently omitted from the prohibition 
section at that time.
    In Sec. 697.7, paragraph (c)(2)(viii) was added to the prohibitions 
section to make it unlawful for any person to refuse reasonable 
assistance to either a NMFS-approved sea sampler/observer conducting 
his or her duties aboard a vessel. This management requirement was 
identified under management measures in the proposed rule, but was 
inadvertently omitted from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(2)(xvi) was added to the prohibitions 
section to make it unlawful for any person to violate any terms of a 
letter authorizing exempted fishing pursuant to Sec. 697.22 or to fail 
to keep such letter aboard the vessel during the time period of the 
exempted fishing. This management requirement was identified under 
management measures in the proposed rule, but was inadvertently omitted 
from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(2)(xvii) was added to the prohibitions 
section to make it unlawful for any person to possess, deploy, fish 
with, haul, harvest lobster from, or carry aboard a vessel any trap 
gear on a fishing trip in the EEZ from a vessel that fishes for, takes, 
catches, or harvests lobster by a method other than traps. This 
management requirement was identified under management measures in the 
proposed rule, but was inadvertently omitted from the prohibition 
section at that time.
    In Sec. 697.7, paragraph (c)(2)(xviii) was added to the 
prohibitions section to make it unlawful for any person to fish for, 
take, catch, or harvest lobster on a fishing trip in or from the EEZ by 
a method other than traps, in excess of 100 lobsters (or parts thereof) 
for each lobster day-at-sea or part of a lobster day-at-sea, up to a 
maximum of 500 lobsters (or parts thereof) for any one trip unless 
otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), 
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was 
identified under management measures in the proposed rule, but was 
inadvertently omitted from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(2)(xix) was added to the prohibitions 
section to make it unlawful for any person to possess, retain on board, 
or land lobster by a vessel with any non-trap gear on board capable of 
catching lobsters, in excess of 100 lobsters (or parts thereof) for 
each lobster day-at-sea or part of a lobster day-at-sea, up to a 
maximum of 500 lobsters (or parts thereof) for any one trip unless 
otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), 
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter. This management requirement was 
identified under management measures in the proposed rule, but was 
inadvertently omitted from the prohibition section at that time.
    In Sec. 697.7, paragraph (c)(2)(xx) was added to the prohibitions 
section to make it unlawful for any person to transfer or attempt to 
transfer American lobster from one vessel to another vessel. This 
management requirement was identified under management measures in the 
proposed rule, but was inadvertently omitted from the prohibition 
section at that time.
    In Sec. 697.7, paragraph (c)(7), redesignated as (c)(1)(viii), the 
word ``trap'' was added to clarify NMFS' intent to exclude non-trap 
gear from the trap gear requirements to mark, vent, tag, panel, and 
limit the maximum trap size.
    In Sec. 697.7, paragraphs (c)(1)(ix) through (c)(1)(xiii) were 
added to address the lag in implementation of the lobster trap tag 
requirements, which will also replace the existing gear marking 
requirements, effective May 1, 2000.
    In Sec. 697.7, paragraph (e)(1), redesignated as (c)(2)(i), 
paragraph (E) was added. This text, which addresses the regulations 
relating to the areas often referred to as Maine pocket waters, was 
inadvertently omitted from the proposed rule text, and is a 
continuation of existing regulations.
    In Sec. 697.7, paragraph (e)(2), redesignated as (c)(2)(ii), the 
phrase ``or unless the vessel or person holds a valid State of Maine 
American lobster permit or license and is fishing under the provisions 
of and in the areas designated in Sec. 697.24.'' was added. This text, 
which addresses the regulations relating to the areas often referred to 
as Maine pocket waters, was inadvertently omitted from the proposed 
rule text, and is a continuation of existing regulations.
    In Sec. 697.7, paragraph (e)(5), redesignated as (c)(2)(v), the 
phrase ``or one holding or owned or operated by one holding a valid 
State of Maine American lobster permit or license and fishing under the 
provisions of and in the areas designated in Sec. 697.24,'' was added. 
This text, which addresses the regulations relating to the areas often 
referred to as Maine pocket waters, was inadvertently omitted from the 
proposed rule text, and is a continuation of existing regulations.
    In Sec. 697.7, paragraph (d)(1), redesignated as (c)(3)(i), the 
phrase ``or parts thereof'' was added to the first sentence to clarify 
the intent to include lobster parts as well as whole lobsters taken in 
violation of Federal regulations. The word ``whole'' was added to the 
first sentence to clarify dealer possession requirements. The words 
``or foreign'' was added to the second sentence to clarify that 
lobsters harvested by non-U.S. vessels in a foreign country are 
exempted from the identified Federal regulations.
    In Sec. 697.7, paragraph (d)(2), redesignated as (c)(3)(ii), in the 
first sentence, the phrase ``or parts thereof possessed at or prior to 
the time when the parts are received by a dealer'' was added to clarify 
that possession of parts prior to possession by a dealer is prohibited. 
In the same sentence, the phrase ``or parts thereof'' was added to 
clarify that possession of parts prior to possession by a dealer is 
prohibited.
    In Sec. 697.8, paragraph (d) was revised by adding the phrase 
``over 25 ft (7.6 m) in registered length, fishing in the EEZ and'' to 
make the non-permanent marking requirements applicable to vessels 
carrying recreational fishing parties on a per capita basis or by 
charter, compatible with the vessel marking requirements for each 
vessel

[[Page 68240]]

issued a limited access American lobster permit.
    In Sec. 697.9, paragraph (b) was added to notify permit holders, as 
applicable, to be alert for communication conveying enforcement 
instructions.
    In Sec. 697.20 paragraphs (c)(1) and (c)(2), the phrase ``Subject 
to the rebuttable presumption in Sec. 697.7(d),'' was added to clarify 
exemptions to the mutilation requirements if it can be shown 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 charter, head, or commercial 
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 fishing vessel.
    In Sec. 697.20 paragraphs (c)(1) and (c)(2), the phrase ``prior to 
offloading from a vessel'' was removed, and the phrase ``before, or at 
the time of landing'' and the phrase ``up to the time when a dealer 
first receives or possesses American lobster'' were added to clarify 
the prohibition against mutilation applies on board the vessel and up 
to the point of purchase by a dealer.
    In Sec. 697.20, paragraph (e), the title was revised by removing 
the word ``scrubbing'' and inserting the phase ``Removal of eggs'' to 
more clearly describe the contents of the paragraph. In addition, the 
text in paragraph (e) was revised and clarified by adding the text 
``including, but not limited to the forcible removal, or removal by 
chemicals, or other substances or liquids''.
    In Sec. 697.21, paragraphs (a) and (c) were combined and 
redesignated as Sec. 697.21(a), to allow the continuation of the 
current Federal gear marking requirements until the trap tag marking 
requirement is implemented on May, 1, 2000.
    In Sec. 697.21, paragraph (b), the text was re-labeled from ``Gear 
configuration'' to ``Deployment and gear configuration'' and the text 
was rewritten to refer to the gear areas identified in paragraph 
(b)(4). Paragraph (b)(4) of this section was rewritten to identify and 
continue the existing gear marking requirements currently in place, 
which were inadvertently omitted in the proposed rule.
    In Sec. 697.21, paragraphs (d) through (g) were redesignated as 
Sec. 697.21, paragraph (c) through (f), because, as described 
previously, paragraphs (a) and (c) are combined and redesignated as 
Sec. 697.21(a).
    In Sec. 697.21, paragraph (e), redesignated as paragraph (d), the 
phrase ``excluding heading or parlor twine and the escape vent'' was 
added to the introductory sentence to clarify the fact that no lobster 
trap is made entirely of wood.
    In Sec. 697.21, paragraph (f), redesignated as paragraph (e), the 
paragraph was revised to allow for and to describe an exemption period, 
extending until April 30, 2003, to the maximum trap size restriction 
for vessels currently fishing with traps in excess of the identified 
maximum trap size.
    In Sec. 697.21(f)(1), redesignated as paragraph (e)(2), the text 
was modified to clarify that the larger offshore maximum trap size 
applies to vessels who elect to fish only in EEZ Offshore Management 
Area 3 or EEZ Offshore Management Area 3 and the Area 2/3 Overlap.
    In Sec. 697.21, paragraph (g), redesignated as paragraph (f), the 
paragraph was revised to specify that the trap tag requirement will be 
implemented beginning on May 1, 2000.
    As described previously, Sec. 697.34 was removed and the regulatory 
text was redesignated as Sec. 697.7, containing prohibitions and 
Sec. 697.19, containing the trap tag measures. The following text 
provides specific information on the removal or redesignation of 
Sec. 697.34.
    Subpart C and section Sec. 697.30 of Subpart C, containing the Egg 
Production Rebuilding Schedule and Adaptive Management Adjustments--
Purpose and Scope text, was deleted. Subpart C represented a 
continuation of general provisions and lobster management measures 
which were more appropriately contained in Subpart A--General 
Provisions, and Subpart B--Management Measures. The following text 
addresses other sections of Subpart C which were either redesignated as 
other sections, or removed in whole or in part to provide the reader 
with clearer information on the regulatory text of the lobster 
management measures in this final rule.
    Section Sec. 697.31, describing the coordinates for the lobster 
management areas, was redesignated as Sec. 697.18 to enhance the 
readability of the document. In addition, Sec. 697.31 (a)(1) through 
(a)(9) was redesignated as Sec. 697.18 (a) through (i) and 
Sec. 697.31(b) is removed.
    In Sec. 697.31, paragraph (a)(1), redesignated as Sec. 697.18(a), 
the narrative at the end of the EEZ Nearshore Management Area 1 was 
modified to clarify the description of the boundary line from the Maine 
coast along the seaward EEZ boundary back to point A.
    In Sec. 697.31, paragraphs (a)(2) and (a)(7), redesignated as 
Sec. 697.18 (b) and (g), the point coordinates designated as Q and R, 
which help define the EEZ Nearshore Area 2 and Nearshore Area 6 were 
revised to correct an error. Point Q was relabeled as point R and point 
R was relabeled as point Q.
    In Sec. 697.31, paragraph (a)(4), redesignated as Sec. 697.18(d), 
the EEZ Offshore Management Area 3 boundary coordinate designated as 
point C was modified to be consistent with the EEZ Nearshore Area 1 
boundary coordinate designated as point C which follows the Loran C 
navigation frequency coordinate 9960-X-25600.
    In Sec. 697.31, paragraph (a)(7), redesignated as Sec. 697.18(g), 
the title and introductory text were modified by removing the word 
``EEZ''. Nearshore Management Area 6 is entirely within state waters 
and, as noted during the public comment period, a more accurate 
description of Area 6 would not include a reference to the EEZ for this 
management area.
    In Sec. 697.31, paragraph (a)(1) and (a)(8), redesignated as 
Sec. 697.18 (a) and (h), the point coordinates `` G1'' identified as 
42 deg.04.25' N. lat. and 70 deg.17.22' W. long., ``G2'' identified as 
42 deg.02.84' N. lat. and 70 deg.16.1' W. long., and ``G3'' identified 
as 42 deg.03.35' N. lat. and 70 deg.14.2' W. long. were added. The 
boundary line separating EEZ Nearshore Management Area 1 and EEZ 
Nearshore Outer Cape Lobster Management Area does not come to land at 
point G: therefore, the EEZ Nearshore Management Area 1 and EEZ 
Nearshore Outer Cape Lobster Management Area are not effectively 
separated as intended. This discrepancy was identified during the 
public comment period on the proposed rule and was discussed and 
addressed by the Commission during development of Addendum 1 to the 
ISFMP. To facilitate enforcement of area based management measures, the 
three new point coordinates, which are compatible with those proposed 
by the Commission in Addendum 1, were added to EEZ Nearshore Management 
Area 1 and EEZ Nearshore Outer Cape Lobster Management Area to clearly 
delineate and separate these management areas.
    In Sec. 697.32, paragraphs (a)(1) through (a)(4) and (a)(9), were 
redesignated as Sec. 697.4, paragraph (a)(7)(i) through (a)(7)(v). The 
text describes the election of lobster management areas which will 
become part of the annual vessel permit renewal process and is more 
appropriately included in the vessel permit renewal section, 
Sec. 697.4(a)(7).
    In Sec. 697.32, paragraphs (a)(5) through (a)(8), were removed 
because similar language is more appropriately located in Sec. 697.19, 
the section containing

[[Page 68241]]

regulations on trap limits and trap tag requirements for vessels 
fishing with traps.
    In Sec. 697.32, paragraph (a)(1)(i), redesignated as Sec. 697.4 
(a)(7)(i), May 1, 2000, was specified as the date of implementation of 
the requirement to have a lobster management area designation 
certificate or valid limited access American lobster permit containing 
the elected management area designation(s) on board all vessels with a 
limited access lobster permit fishing with traps to allow adequate time 
for notification, mailing and return of permit holder area designation 
election forms prior to implementation of the requirement.
    In Sec. 697.33, paragraphs (a) through (d), redesignated as 
Sec. 697.19 paragraphs (a) and (b), were extensively rewritten to 
remove the mutual exclusion requirement which prohibited vessels 
electing any of the nearshore management areas from also electing to 
fish in the Offshore Management Area 3. Vessels may elect to fish in 
any or all of the lobster management areas, but must fish by the most 
restrictive regulations that apply to any of the management areas 
elected, regardless of which management area the vessel may currently 
be fishing in.
    In Sec. 697.33, paragraphs (a) through (d), redesignated as 
Sec. 697.19 paragraphs (a) and (b), were rewritten to clarify the 
management measure requirements for the Area 2/3 Overlap. All vessels 
electing the Area 2/3 Overlap alone, or in addition to any of the 
nearshore management areas must abide by the most restrictive 
management measures in effect for any of the elected nearshore 
management areas while fishing in the Area 2/3 Overlap. All vessels 
electing the Area 2/3 Overlap and only the offshore management Area 3 
must abide by the management measures in effect for the offshore 
management Area 3 while fishing in the Area 2/3 Overlap. All vessels 
electing to fish only in the Area 2/3 Overlap must abide by trap and 
trap tag allocations requirements applicable to the nearshore 
management areas as specified in Sec. 697.19.
    The trap limits and other trap management measures contained in 
Sec. 697.33 and the trap tag management measures contained in 
Sec. 697.34 were combined for reader clarity and are redesignated 
Sec. 697.19. Section 697.33, paragraphs (a) through (d), were 
consolidated and redesignated as Sec. 697.19, paragraphs (a) and (b), 
and describe the trap limits for the EEZ nearshore and offshore lobster 
fishery for fishing years 1999 and 2000 and Sec. 697.34, paragraph (b) 
was redesignated as Sec. 697.19, paragraph (d)(1), and describes trap 
tag administrative procedures.
    In Sec. 697.33, paragraphs (a) through (d), were combined and 
redesignated as Sec. 697.19, paragraphs (a) and (b), text was added to 
specify that the date of implementation of the requirement to have a 
lobster management area designation certificate or a permit relating to 
area management designations on board all vessels with a limited access 
lobster permit fishing with traps is May 1, 2000, to allow adequate 
time for notification, mailing and return of permit holder area 
designation election forms prior to implementation of the requirement.
    In Sec. 697.33, paragraphs (a) through (d), consolidated and 
redesignated as Sec. 697.19, paragraphs (a) and (b), were rewritten to 
postpone the trap tag requirement until May 1, 2000, following 
recommendations received by the Commission, several state agencies and 
numerous individuals.
    In Sec. 697.33, paragraph (e), requiring an on-shore trap count if 
requested by an authorized officer, was deleted as burdensome and 
ineffective for the intended purpose of ensuring compliance with the 
trap limit requirement.
    In Sec. 697.34, redesignated as Sec. 697.19, paragraph (a) was 
removed because paragraph (a) described administrative procedures for a 
trap tag program as well as possible alternative state tagging 
programs. Administrative procedures are not appropriate for inclusion 
in the regulatory text describing management measures.
    In Sec. 697.34, paragraph (b) was redesignated as Sec. 697.19(d) to 
consolidate and clarify both the trap limits and trap tag aspects of 
the management measures.
    In Sec. 697.34, paragraph (b)(2), redesignated as 
Sec. 697.19(d)(2), the phrase ``within 24 hours'' was replaced by the 
phrase ``as soon as feasible within 7 days'' and the phrase ``on an 
official lobster trap tag replacement order form signed by the permit 
holder or authorized representative'' was replaced by ``by letter or 
fax to the Regional Administrator''. The notification requirement was 
modified and extended to allow a reasonable time period for lobstermen 
to notify NMFS concerning requests for replacement of lost tags.
    In Sec. 697.34, paragraph (c)(1) was redesignated as Sec. 697.19(c) 
to consolidate the trap tag requirement to permanently attach a trap 
tag to any lobster trap in Federal waters beginning May 1, 2000, with 
other trap tag management measures.
    In Sec. 697.34, paragraphs (c)(2) through (c)(5) were redesignated 
as Sec. 697.7, paragraphs (c)(1)(ix)(B) through (c)(1)(xiii)(E) to 
consolidate trap tag prohibitions for reader clarity.
    Section 697.35 was redesignated as Sec. 697.17 to consolidate non-
trap lobster management measures under Subpart B--Management Measures 
rather than have management measures under both Subpart B and Subpart 
C.
    In Sec. 697.35, paragraph (a), redesignanted Sec. 697.17, paragraph 
(a), the paragraph was modified to include the non-trap landing 
restriction found in Sec. 697.7(d)(1)(iii) to add the more restrictive 
regulations which apply to the charter and head boats and commercial 
dive vessels which are restricted to 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.
    Section 697.24 ``Exempted waters for Maine State American lobster 
permits.'' was added. On October 11, 1996, the SFA was signed into law 
and amended, among other statutes, the ACFCMA (16 U.S.C. 5101 et seq.) 
to allow fishing for lobster by vessels issued Maine State American 
lobster permits in designated areas of the EEZ. These areas are often 
referred to as Maine pocket waters. The SFA provides that any person 
holding a valid permit issued by the State of Maine may engage in 
lobster fishing in these pocket waters, if such fishing is in 
accordance with all other applicable Federal and State regulations. The 
SFA specifications for these areas apparently included an unintentional 
line across land which is repeated in these regulations until further 
clarification is received from Congress. These pocket waters are small 
areas of the EEZ that lie between two areas of state waters, created by 
islands near the coast of Maine, and are described in Sec. 697.24. This 
section, which contains existing lobster regulations currently in place 
was inadvertently omitted in the proposed rule.
    Section 697.36 was redesignated Sec. 697.25 in its entirety. As 
previously discussed, this change was made to consolidate lobster 
management measures under Subpart B--Management Measures, rather than 
have management measures under both Subpart B and Subpart C.
    NOAA codifies its OMB control numbers for information collection at 
15 CFR part 902. Part 902 collects and displays the control numbers 
assigned to information collection requirements of NOAA by OMB pursuant 
to the Paperwork Reduction Act (PRA). This final rule codifies OMB 
control number 0648-0202 for Secs. 697.4 through 697.6

[[Page 68242]]

and Sec. 697.12, OMB control number 0648-0309 for Sec. 697.22, OMB 
control number 0648-0350 for Sec. 697.8, and OMB control number 0648-
0351 for Sec. 697.21.
    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the Under Secretary for Oceans and Atmosphere has delegated to the 
Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

Atlantic Coastal Fisheries Cooperative Management Act

    Paragraphs (A) and (B) of section 804(b)(1) of the ACFCMA authorize 
the Secretary of Commerce 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 determined that these actions are compatible with the 
Commission's American Lobster Interstate Management Plan and consistent 
with the national standards of the Magnuson-Stevens Act. Federal action 
alone in the EEZ is not likely to stop overfishing, to rebuild lobster 
egg production, or to meet Federal management requirements to do so. 
Only cooperative state and Federal action will rebuild American lobster 
stocks.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of E.O. 12866. Industry revenues were projected to increase 
$2.13 million annually. Projected over a 10 year period at a discount 
rate of 7.0 percent, the management measures in this rule would exceed 
the status quo (current management measures) by $16.09 million in 
present value. If states do not implement any fishing mortality rate 
reduction initiatives, the expected benefit of implementing the 
management measures in this rule in the EEZ only will be greatly 
diminished but is still positive. Specifically, an EEZ-only effort 
reduction program would result in an annual net gain of $0.18 million. 
Projected over 10 years at 7.0 percent, the present value of an EEZ-
only effort reduction program would be $1.22 million. The cost for trap 
tags and tag replacement to the inshore and offshore sectors for 
complying with the final rule is estimated at $332,900 for the first 
year.

Executive Order 13132

    This rule does not contain policies with federalism implications 
sufficient to warrant preparation of a federalism assessment under E.O. 
13132.

Paperwork Reduction Act

    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 new collection-of-information requirements 
have been approved by OMB. The estimated time per individual response 
is shown.
    1. Revision of existing gear (trap) marking requirements (1 minute) 
has been approved by OMB under control number 0648-0351;
    2. Lobster management area designation, request for trap tags, and 
preparing payment for trap tags (5 minutes) has been approved by OMB 
under control number 0648-0202;
    3. Reporting lost trap tags and requesting replacement trap tags (3 
minutes) has been approved by OMB under control number 0648-0202;
    4. Requests for additional trap tags (2 minutes) has been approved 
by OMB under control number 0648-0202; and
    5. Extend sea sampler/observer coverage to include the American 
lobster fishery (2 minutes) has been approved by OMB under control 
number 0648-0202.
    The following collection-of-information requirements are being 
restated and have 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 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 been approved by OMB under control number 0648-0309: exempted 
fishing, estimated at one hour per vessel.
    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, OMB (see ADDRESSES).

Endangered Species Act and Marine Mammal Protection Act

    A formal section 7 consultation under the Endangered Species Act 
was initiated for this rule in a biological opinion by NMFS dated 
December 17, 1998. 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 
changes are not likely to destroy or adversely modify right whale 
critical habitat.

Essential Fish Habitat

    An Essential Fish Habitat (EFH) consultation was performed on this 
action. The management measures for the trap sector that could impact 
EFH for species managed under the MSA include: declaration of fishing 
area; trap limits; and the maximum trap size. The implementation of 
limits on the number and size of traps and areas fished by Federal 
permit holders should serve to reduce the effects of fishing on EFH. No 
new conservation recommendations were provided, since this action 
already minimizes impacts to EFH, to the extent practicable.
    For the non-trap sector, the implementation of a landing limit of 
100 lobsters (or parts thereof) per day, up to a maximum of 500 
lobsters (or parts thereof) per trip of 5 days or longer, effectively 
limits landings by the non-trap sector to a bycatch fishery. A 
significant portion of lobster landed by non-trap lobster permit 
holders is landed by fishermen also holding permits for multispecies; 
sea scallop; squid, mackerel, butterfish; scup; black sea bass, and 
summer flounder fisheries. Impacts to habitat from each of these 
fisheries is managed according to the Magnuson-Stevens Act under the 
FMP for each fishery. The appropriate vehicle for fully analyzing these 
impacts is

[[Page 68243]]

through the FMPs for the directed fishery rather than the regulations 
for the lobster non-trap bycatch fishery, although it can be determined 
that these regulations may reduce the amount of time draggers will have 
contact with the benthic environment while fishing for lobsters.

National Environmental Policy Act

    NMFS prepared a Draft Environmental Impact Statement and Regulatory 
Impact Review (DEIS/RIR) for this action; a notice of availability was 
published in the Federal Register on March 27, 1998 (63 FR 14922). 
Public comments on the DEIS/RIR were addressed, and NMFS prepared a 
Final Environmental Impact Statement and Regulatory Impact Review 
(FEIS/RIR) following publication of a proposed rule on lobster 
management in Federal waters on January 15, 1999 (64 FR 2708). A notice 
of availability for the FEIS/RIR was published in the Federal Register 
on May 28, 1999 (64 FR 29026). NMFS determined that implementation of 
this action is environmentally preferable to the status quo. The FEIS/
RIR demonstrates that, notwithstanding potential, yet unknown, changes 
in fishing practices and behavior, this action contains management 
measures able to end overfishing and rebuild stocks of American 
lobster; protect marine mammals and sea turtles; and provide economic 
and social benefits to the lobster industry in the long term. The FEIS/
RIR further emphasizes the importance of concurrent action by the 
states during the stock rebuilding period to the realization of these 
benefits.

Final Regulatory Flexibility Analysis

    In compliance with the Regulatory Flexibility Act, NMFS prepared an 
Initial Regulatory Flexibility Analysis (IRFA), supplemented by the 
preamble to the proposed rule (64 FR 2708), as well as by further 
analysis contained in the FEIS/RIR (64 FR 29026), that describes the 
impact this action may have on small entities. The Final Regulatory 
Flexibility Analysis (FRFA) consists of the IRFA, public comments and 
responses thereto, and the preamble to the proposed rule, the analysis 
of impacts and alternatives to this action, and the summary that 
follows.

Objectives

    The objective of lobster management is to prevent overfishing of 
American lobster throughout the species' range and to rebuild lobster 
stocks to a level that will produce optimum yield. To accomplish this, 
NMFS must ensure that existing lobster conservation measures in federal 
waters are maintained and take further action in concert with actions 
by the States in coastal waters under their jurisdiction. As documented 
in Amendment 5 of the New England Fishery Management Council's American 
Lobster FMP (May 1994), the American lobster resource is considered 
recruitment overfished when, throughout its range, the fishing 
mortality rate (F), given the regulations in place at that time under 
the suite of regulatory management measures, results in a reduction in 
estimated egg production per recruit to 10 percent or less of a non-
fished population.

Public Comment

    Sixty-one public comments and responses are presented under 
Comments and Responses.

Estimate of Small Entities

    Virtually all participants in the lobster fishery are considered to 
be small entities. Consequently, management measures, including all 
measures to mitigate impacts, affect small entities only, and all 
analyses of such effects are necessarily analyses of effects on small 
entities.
    As of December, 1997, 3,153 vessel owners held Federal lobster 
permits. The majority of these are associated with smaller vessels and 
the bulk are identified with Maine or Massachusetts as the primary port 
of landing, followed distantly by Rhode Island, and then New Jersey, 
New York and New Hampshire. Of these 3,153 vessels, 1,962 also hold at 
least one other federal permit. As of December, 1997, there were a 
total of 2785 Federal permit holders fishing with traps to harvest 
lobsters. Although not always the case, it is generally recognized that 
vessels in excess of 50 feet are required to prosecute the offshore 
fishery. Based on this distinction, there were 297 trap vessels that 
may be involved in the offshore fishery and 2,488 trap vessels that may 
fish predominantly in the nearshore zones. An additional 802 non-trap 
vessels possessed American lobster permits.
    Based on dealer reports, the total value of American lobster landed 
by Federal permit holders in 1997 was $23.97 million. This value 
represented 10.7 percent of the total value of American lobster ($223.7 
million) landed in the Northeast region in 1997. Note that landings by 
Federal permit holders can come from a mixture of state waters, and 
nearshore/offshore EEZ areas. Revenues by Federal permit holders were 
divided among trap and trawl vessels, with trap vessels accounting for 
90 percent of the revenues ($21.5 million). Among trap vessels in 
excess of 50 feet in overall length, American lobster landings were 
valued at $13.95 million in 1997.
    A detailed description of the small businesses which may be 
impacted by Federal lobster management actions is available and 
contained in a FEIS/RIR prepared by NMFS for this rule (see ADDRESSES).

Recordkeeping and Reporting Requirements

    Collection-of-information requirements are presented in this final 
rule in the Classification section under Paperwork Reduction Act. 
According to the data provided, there are a total of 2,785 Federal 
permit holders that use traps to harvest American lobster and will have 
to comply with both the trap tag and the area designation requirements 
of these regulations. The average number of traps fished by these 
vessels was 667 and 1,321 by nearshore and offshore vessels, 
respectively.
    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 Trap Sector

    The action for the trap sector initially cap and then will reduce 
fishing effort (gear in the water), in addition to other management 
measures. These measures apply to all participants in the trap sector.

Trap Caps, Trap Tags, and Maximum Carapace Size

    Two measures that could directly affect revenues are the trap cap 
for both the nearshore and offshore EEZ and the maximum carapace in 
Area 1. There are a total of 2,785 Federal permit holders fishing with 
traps that will have to comply with both the trap regulations and the 
maximum carapace in Area 1. The average number of traps fished by these 
vessels was 667 and 1,321 by nearshore and offshore vessels, 
respectively. For an average nearshore zone vessel fishing 667 traps, 
trap tag regulations will require an annual increase in compliance 
costs of $247. For an average offshore vessel fishing 1,321 traps, the 
annual increase in compliance costs for trap tags will be $515.
    The regulations prohibit the taking of lobsters in excess of the 
maximum size by anyone fishing with either trap or trawl gear in Area 
1. The prohibition also applies to any trap vessel that selects Area 1 
no matter where it fishes. Entities that currently fish in Area 1 will 
not be able to sell lobsters above the maximum carapace length and will 
lose

[[Page 68244]]

a portion of their revenues. Landings data by carapace length are not 
available to provide a quantitative estimate of these lost revenues. 
However, estimates of the size structure of female lobsters landed in 
the Gulf of Maine produced for the stock assessment for American 
lobster during June 1993 at the NMFS Northeast Region's Stock 
Assessment Workshop No. 16 indicate lobsters in excess of 128 mm 
(approximately 5'') comprised 0.06 percent of 1992 landings. Given this 
finding, the proportion of total revenues to Area 1 vessels comprised 
of lobsters in excess of the maximum size is not likely to be very 
high.
    NMFS analysis indicates that approximately 30 percent of trap 
fishermen will have to reduce the numbers of traps fished. However, 
within certain limits, adjustments to days fished, trap hauls, crew, 
soak times, and trap configurations may be adopted to at least 
partially offset the loss in traps. These adaptive strategies, together 
with an anticipated reduction in fishing mortality rates, will likely 
result in an eventual increase in catch per unit effort (i.e., catch 
per trap hauled). However, given the difference in timing between the 
trap reductions and the anticipated longer term increases in catch, it 
seems likely that a substantial number of individual entities will 
experience reductions in total revenues that exceed 5 percent for at 
least some portion of the stock rebuilding schedule. Even if vessels 
find ways of maintaining gross revenues, it will likely require 
substantial changes in the way in which they organize their business. 
Further, as described above, for at least some portion of fishermen 
operating in Area 1, additional revenues will be lost from the sale of 
lobsters in excess of the proposed maximum carapace length. Therefore, 
it appears likely that a substantial number of vessels will experience 
a reduction in revenues, and that trap reductions will likely require 
significant changes in business operations for a substantial number of 
entities.

Maximum Trap Size and Increased Escape Vent

    In addition, it is likely that at least some portion of the trap 
fishery will bear compliance costs relating to maximum trap size, and 
increased escape vent size. These regulations impose a limit on trap 
size in terms of volume. The maximum size differs between offshore and 
nearshore fishing zones and affect all Federal permit holders that use 
trap gear. The maximum trap size is intended as a capping mechanism to 
prevent increased trapping efficiency by limiting expansion of trap 
sizes. No data is currently available to document the numbers of traps 
that are currently above the size cap in either nearshore or offshore 
areas. However, the size caps were determined through a series of 
Commission meetings with industry representatives and were set at or 
above known industry standards at the time. For this reason, the 
maximum trap size has been set to accommodate the majority of gear 
currently in use. For the worst case scenario, the average nearshore 
vessel fishing 667 traps have to replace every trap at a cost of $50 
per trap for a total cost of $33,350. Similarly, the cost burden for an 
average offshore vessel will be $66,050 (1,321 traps at $50/trap). The 
regulations require installation of an escape vent that is 1/16th of an 
inch (0.159 cm) greater than what the regulations use to require. This 
regulation applies to all traps fished by Federal lobster permit 
holders. Evidence offered by Effort Management Team (EMTs) members 
during the development of Amendment 5 to the American lobster FMP 
indicates that at least some portion of the lobster industry is already 
using escape vents larger than old regulations use to require, and are 
in compliance with the new regulation. No data is currently available 
to document the actual number of escape panels that will be replaced. 
However, assuming a worst case scenario, replacement of escape vents 
cost an average nearshore vessel fishing 667 traps a total of $933. The 
cost to an average offshore vessel fishing 1,321 traps will be $1,848. 
These costs represent a one-time only increase in compliance costs 
since the new escape vents will be incorporated into traps through 
normal replacement and maintenance. Vessels that are currently using 
conforming escape vents will not have to bear these costs. The added 
costs of replacing escape vents may be partially offset with cost 
savings, as the time required to cull the catch will be reduced (the 
principal reason why many industry participants already are using 
escape vents larger than required by the old regulations).
    Although it is likely that compliance costs for some vessels will 
increase by 5 percent or more compared to current compliance costs, the 
exact number of vessels that will be effected cannot be determined with 
the maximum trap size, trap tags requirements, and increased escape 
vents requirements. Some amount of cash outlay will be required to come 
into compliance. Under a worst case scenario, for an average vessel, 
the cumulative cost of replacing escape vents and purchasing trap tags 
is estimated to be $1,180 and $2,363 for nearshore and offshore 
vessels, respectively. Surveys of offshore and nearshore lobster 
vessels by the University of Rhode Island indicate that average annual 
operating costs for offshore vessels will be approximately $190,000 per 
year, exclusive of crew payments. Similarly, the estimated average 
operating costs for nearshore vessels are $24,000. As a proportion of 
operating costs, the estimated compliance costs (1.2 percent) for 
offshore vessels does not exceed NMFS threshold. The proportional 
increase (4.9 percent) in compliance costs for replacement of escape 
panels and trap tags by nearshore vessels does not approach the NMFS 
threshold for significance. Replacement of nonconforming traps 
represents a significantly larger increase in compliance costs, since 
new traps are estimated to cost $50 each. It is likely that at least 
some portion of small entities will bear compliance costs that will 
exceed the NMFS threshold of a 5 percent or greater increase in 
compliance costs. However, given available data, it is not possible to 
determine with reasonable certainty whether a substantial number of 
entities will be significantly impacted.
    Vessels that are currently fishing a number of traps greater than 
the trap caps under this final rule will likely suffer greater short 
run revenue losses. If these same vessels also previously used traps in 
excess of the maximum trap size dimensions, the combined impacts of 
revenue losses and gear replacement cost (compliance costs) could 
likely put some of these vessels out of business. Unfortunately, while 
the possibility exists for these circumstances to occur, because of 
lack of data it is not possible to determine how many vessels will 
actually be affected.

Non-Trap Sector

    Interim non-trap regulations on March 2, 1998 (63 FR 10154) become 
permanent this rulemaking. The non-trap regulations impose a possession 
limit of 100 lobsters (or parts thereof) per day up to a maximum of 500 
lobsters (or parts thereof) per trip for vessels using mobile gear to 
harvest lobsters. The impact of this limit was evaluated by examining 
Northeast dealer data for the 1996 calendar year for all Federally 
permitted vessels using bottom trawl gear. Dealer data does not include 
landings on a count basis or vessel fishing time. To overcome this lack 
of information, two assumptions were required. First, it is assumed 
that

[[Page 68245]]

the average weight of a trawl-caught lobster is 1 lb (0.454 kg). A one 
pound lobster is approximately the weight of a lobster at its minimum 
legal size. Second, all landings are associated with one 24-hour 
period. These two assumptions are equivalent to a 100-pound (45.4 kg) 
possession limit for mobile gear fishing participants. Based on this 
analysis and the threshold of a 5 percent reduction in gross revenues, 
48 (5.3 percent) trawl vessels will be impacted by more than a 5 
percent reduction in revenues. By contrast, 76 percent of all trawl 
vessels included in the analysis will not be impacted at all because 
their documented landings did not exceed the possession limit on any 
trips taken during the 1996 calendar year. Based on these findings, the 
threshold of a 5 percent reduction in gross revenues for more than 20 
percent of participants is not exceeded. The majority of vessels 
harvesting lobster by mobile gear in the EEZ do not rely on lobster as 
the principal source of annual income.
    The ISFMP, 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) is subdivided 
into seven areas, and LCMTs were established for each of these areas. 
These LCMTs, 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 favorable review and by the 
Commission and NMFS, would 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 regulations, under this action, do not identify ``default'' 
management measures (such as continued trap reductions) beyond the 
fishing year 2000. Instead, NMFS will evaluate the Commission's 
recommendations for resource-wide management of lobster in the EEZ, 
based upon the Commission's review and approval of conservation-
equivalent proposals submitted by the LCMTs. On at least an annual 
basis, NMFS will identify, in consultation with the Commission and its 
LCMTs, these and/or additional measures in Federal waters to meet ISFMP 
objectives to end overfishing and to rebuild stocks of American 
lobster. If additional measures are necessary, NMFS will conduct a 
rulemaking action, including the appropriate biological and economic 
analyses.

Selection of Alternative

    The DEIS/RIR analyzed six different alternatives for the lobster 
trap fishery and three alternatives for the non-trap (mobile gear) 
fishery. For the trap fishery, the six alternatives included: Taking no 
action (status quo); 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 non-trap fishery 
alternatives included: A possession limit of 100 lobsters (or parts 
thereof) per day or a maximum of 500 per trip (no action/status quo); a 
possession limit of 500 per trip regardless of trip length, and a 
prohibition on the harvest and possession of American lobster in 
Federal waters. In addition, various alternatives were suggested by the 
commenters which were rejected for reasons given in the response to 
such sections.
    Overall public comment during review of the DEIS/RIR indicated 
strong support for the plan embodied by the Commission's ISFMP 
(Alternative 2, for the lobster trap fishery and Alternative 1 for the 
non-trap fishery), and little support for other alternatives. Due to 
the preponderance of public comment for the alternatives noted here, 
NMFS continued development of those alternatives in the FEIS/RIR and in 
the proposed rule. See also Section III of the FEIS/RIR for rationale 
for the adoption of the subject action.

Trap Fishery

    In this regulatory action, management of the American lobster trap 
fishery in the EEZ implements Alternative 2 identified in the DEIS: 
Implement ASMFC Interstate FMP Amendment 3 measures in Federal waters 
recommended by the Commission. The regulations implement a trap tag 
program and trap limits in Federal waters throughout the species' 
range. For nearshore management areas (Area 1, 2, 4, 5, 6, and the 
Outer Cape), fishermen are limited to a maximum of 1000 traps in 1999, 
and to a maximum of 800 traps in fishing year 2000. For the offshore 
fishery (Management Area 3), fishermen are limited to a maximum of 2000 
traps in 1999, and to a maximum of 1800 traps in fishing year 2000. 
Additional new measures include: A prohibition on spearing lobster; 
adopting the lobster management areas specified in the Commission's 
ISFMP; a requirement that vessel owners who elect to use traps must 
inform NMFS each year of the lobster management areas in which they 
will set gear; a near-shore maximum trap size which, after a phase-in 
period will, beginning May 1, 2003, be in line with the Commission's 
Amendment 3 recommended size of 22,950 cubic inches (376,081 cubic 
centimeters); an off-shore maximum trap size which, after a phase in 
period will, beginning May 1, 2003, be in line with the Commission's 
Amendment 3 size of 30,100 cubic inches (493,249 cubic centimeters); 
increasing the minimum size of rectangular escape vents on lobster 
traps to not less than 1\15/16\ inches (\4/92\ cm) by 5\3/4\ inches 
(14.61 cm) or an increase in the minimum size of circular escape vents 
to two portals with unobstructed openings not less than 2\7/16\ inches 
(6.19 cm) diameter; for Federal permit holders fishing in lobster 
management area 1, lobsters with a carapace size greater than 5 inches 
(12.7 cm) cannot be retained, or effective May 1, 2000, when the area 
designation requirement is implemented, lobsters with a carapace size 
greater than 5 inches (12.7 cm) cannot be retained by fishermen who 
elect Area 1 as one of their designated management areas; and a 
requirement, effective May 1, 2000, that each trap set by a Federal 
permit holder have a trap tag attached to the trap bridge or cental 
cross-member.
    In addition, a continuation of existing measures include: Extending 
the moratorium on new entrants into the fishery; a prohibition on the 
possession of lobsters bearing eggs or from which eggs have been 
removed; a prohibition on the possession of lobster meat and detached 
tails, claws, or other parts; a prohibition on the possession of V-
notched lobsters; a requirement to install a biodegradable ``ghost'' 
panel on traps; a minimum carapace size of 3\1/4\ inches (8.26 cm); a 
requirement to install escape vents on traps; a prohibition on the 
possession at any time of more than six lobsters per person when aboard 
a head, charter, or dive vessel; a requirement that gear be marked in 
order to identify the permit holder; and a prohibition on the 
interstate or international trade of live whole lobsters smaller than 
the Federal minimum size.

1. Alternative 1--No Action/Status Quo

    See Section III.2.A of the DEIS/RIR.

[[Page 68246]]

    Taking no action would continue current regulations pertaining to 
harvest, possession, sale, purchase, or receipt of American lobster. No 
other management measures would be implemented for the trap fishery. 
Alternative 2, containing the measures implemented by this final rule, 
was selected and Alternative 1 was rejected since current fishing 
effort levels, if left unchecked under this alternative, would 
jeopardize the ability of the lobster population to sustain itself and 
would continue the danger of a possible stock collapse. Requirements 
for trap tags and tag replacement costs in Alternative 2, compared to 
alternative 1 (taking no action), will cost industry approximately 
$2,501,821 over 10 years. The estimated costs for administrating the 
trap tag program implemented by this final rule will be $94,506 for the 
first and subsequent years of the program. Enforcement costs will focus 
on verifying lobster management area designations and enforcing the 
trap tag requirement. Enforcement costs should stabilize unless future 
management measures include additional reductions in trap limits in 
future years. (For a full description containing the details used in 
determining the economic costs, see the FEIS, Regulatory Impact Review 
under A--Costs to the Industry, B--Administrative Costs, and C--
Enforcement costs and burden).

2. Alternative 3--Nearshore/Offshore Trap Limits With a Buffer Zone

    See Section III.2.C of the DEIS/RIR.
    Alternative 3 would implement a four-year annual reduction in the 
maximum number of lobster traps fished by, and would establish a 10 nm 
(18.52 km) buffer zone where no traps could be deployed, in an effort 
to separate the inshore and offshore EEZ fisheries for enforcement and 
conservation purposes. No positive comments were provided on this 
alternative at the 1998 public hearings. The 4-year reduction in trap 
limits was rejected as a ``default'' approach in favor of an allowance 
for primary consideration of conservation-equivalent measures to be 
identified by the LCMTs. The buffer zone concept also received little, 
if any, favorable public support, primarily since it was construed as 
an unfair restriction on the trap vs. non-trap lobster fishery. 
Requirements for trap tags and tag replacement costs in Alternative 2, 
measures implemented by this final rule, will cost industry 
approximately $2,501,821 over 10 years compared to this alternative 3, 
which would cost industry approximately $1,804,754 over 10 years, due 
to the trap reduction schedule in this alternative of 10 percent a year 
up to a 40 percent reduction in the total number of traps fished. The 
estimated costs for administrating the trap tag program implemented by 
the final rule will be $94,506 for the first and subsequent years of 
the program, while Alternative 3 would cost $94,506.00 for the first 
and second year. By year 3, the trap tag reduction schedule would 
impact traps in the water with a scheduled 10 percent reduction 
continuing until year five. Costs therefore in year three would be 
approximately $85,000, year four would be $75,600 and year five and 
thereafter would be $66,150. Enforcement costs under alternative 3 
would focus on verifying lobster management area designations, 
enforcing the buffer zone prohibition and enforcing the trap tag 
requirement. Enforcement costs under alternative 3 would increase, 
compared to measures implemented under Alternative 2, since the 
additional 10 percent reductions in trap limits in Alternative 3 would 
require additional enforcement effort. (For a full description 
containing the details used in determining the economic costs, see the 
FEIS, Regulatory Impact Review under A--Costs to the Industry, B--
Administrative Costs, and C--Enforcement costs and burden).

3. Alternative 4--Four-tier Trap Reduction Strategy

    See Section III.2.D of the DEIS/RIR.
    This alternative compared to Alternative 3, would further limit 
trap allocations among Federal permit holders, based upon the number of 
traps actually fished in 1997. When compared to Alternative 2, 
Alternative 4 was rejected since further analysis and public comments 
indicates that this strategy is more germane to trap fisheries in 
certain state waters, and not germane to the EEZ fishery. Available 
data indicates that Federal permit holders tend to fish at or above the 
maximum trap limits proposed in Alternative 4.
    Requirements for trap tags and tag replacement costs in this final 
rule will cost industry approximately $2,501,821 over 10 years, while 
costs in Alternative 4 would cost industry approximately $1,353,566 
over 10 years. Under Alternative 4, the estimated costs for 
administrating the trap tag program would be approximately $70,880.00 
for the first year and second year, $63,750 in year three, $56,700 for 
year four, and $49,600 for year five and thereafter verses $94,506 for 
the first and subsequent years of the program to be implemented by 
regulations in this rule. Under the final rule and under Alternative 4, 
enforcement costs will focus on verifying lobster management area 
designations and enforcing the trap tag requirement. Enforcement costs 
should stabilize unless future management measures include additional 
reductions in trap limits in future years. (For a full description 
containing the details used in determining the economic costs, see the 
FEIS, Regulatory Impact Review under A--Costs to the Industry, B--
Administrative Costs, and C--Enforcement costs and burden).

4. Alternative 5--Nearshore Fixed Trap Limits/Offshore Historical 
Participation

    See Section III.2.E of the DEIS/RIR.
    This alternative is similar to Alternative 3, but would allow 
higher trap allocations to Federal permit holders in the offshore vs 
nearshore EEZ fishery. This strategy for the offshore fishery is 
supported by the Area 3 LCMT, which has been evaluated by the 
Commission through public hearings. Issues concerning how this approach 
relates to fishing effort limitations and other elements of the other 
six lobster area management plans, have been contentious. Lobstermen 
often fish in more than one management area in both nearshore and 
offshore EEZ waters, and area plans under the ISFMP vary with respect 
to proposed regulatory measures such as lobster minimum size, historic 
participation, trap limits, and trap allocation procedures. The 
Commission has recently approved guidelines for historical 
participation in four of the seven lobster management areas (including 
Area 3), and has recommended that NMFS implement such measures in the 
EEZ portion of those areas. In follow-up to that recommendation, an 
Advance Notice of Proposed Rulemaking (ANPR) was published in the 
Federal Register on September 1, 1999 (64 FR 47756), to seek public 
comment on whether there is a need to restrict access of Federal permit 
holders to the lobster EEZ fishery on the basis of historical 
participation. Depending on this public response, continued Federal 
rulemaking, along with associated biological and economic analyses, may 
be initiated in the near future. Accordingly, Alternative 5 was 
rejected, but may be re-considered during future rulemaking, depending 
on public response to the ANPR.
    Requirements for trap tags and tag replacement costs in this final 
rule will cost industry approximately $2,501,821 over 10 years, 
compared to Alternative 5 which will cost industry approximately 
$1,679,095 over 10 years. The estimated costs for administrating the 
trap tag program implemented by

[[Page 68247]]

this final rule will be $94,506 for the first and subsequent years of 
the program, while administrative costs under Alternative 5 would be 
$86,945.00 for the first and second year, approximately $78,200 in year 
three, $69,550 in year four, and in year five and thereafter costs 
would be approximately $60,850. Also, it should be noted that 
Alternative 5 would have an additional requirement to identify and 
verify the recent historical trap possession by about 200 offshore 
permitted vessels and allow the vessel owners to appeal to resolve trap 
tag allocation. The additional requirement would accrue an additional 
administrative task which is estimated to require a 0.5 staff year at 
the cost to the government of approximately $16,000.00 for the first 
year. Enforcement costs will focus on verifying lobster management area 
designations and enforcing the trap tag requirement. Enforcement costs 
should stabilize, unless future management measures include additional 
reductions in trap limits in future years. (For a full description 
containing the details used in determining the economic costs, see the 
FEIS, Regulatory Impact Review under A--Costs to the Industry, B--
Administrative Costs, and C--Enforcement costs and burden).

5. Alternative 6--Ban Fishing for and Possession of Lobster

    See Section III.2.F of the DEIS/RIR.
    Alternative 6 would require removal of all trap gear and closure of 
the EEZ to fishing for, and possession of lobster by any fishing vessel 
until lobster stocks recover throughout their range. This alternative 
was rejected when compared to Alternative 2, since it would have severe 
socio-economic impacts on Federal permit holders and would likely 
result in an adverse, substantial shift of fishing effort to other EEZ, 
as well as inshore fisheries.
    Requirements for trap tags and tag replacement costs in this final 
rule will cost industry approximately $2,501,821 over 10 years compared 
to Alternative 6 which would close Federal waters and therefore have no 
tagging requirements or associated costs. However, based on exvessel 
value for 1997, the trap ban would result in revenue loss to Federal 
permit holders of $21.5 million in the first year. It is not known 
whether these vessels would be able to move into state waters or other 
fisheries to continue in business.
    Compared to Alternative 6, the estimated costs for administrating 
the trap tag program implemented by this final rule will be $94,506 for 
the first and subsequent years of the program. Enforcement costs under 
Alternative 6 would provide the most cost savings of any alternative, 
since there would be no requirement to verify lobster management area 
designations or enforce a trap tag requirement. Enforcement activities 
under Alternative 6 would focus on compliance of the trap gear ban and 
lobster possession prohibitions from EEZ waters. (For a full 
description containing the details used in determining the economic 
costs, see the FEIS, Regulatory Impact Review under A--Costs to the 
Industry, B--Administrative Costs, and C--Enforcement costs and 
burden).

Non-Trap Fishery

    NMFS will continue the regulations pertaining to the non-trap 
landing limits that are currently in place, implemented in Federal 
waters as an interim final regulation (63 FR 10154) March 2, 1998. It 
will 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 
(or parts thereof), for each lobster day-at-sea, or part of a lobster 
day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any 
one trip, unless otherwise restricted.

1. Alternative 2--Limit Landings to 500 Lobster Per Day, Regardless of 
Trip Length

    See Section III.3.B of the DEIS/RIR.
    Alternative 2 was rejected in favor of Alternative 1, the status 
quo option because Alternative 1 will retain lobster landings by the 
non-trap fishery at historical levels, and prevent any potential 
expansion of harvest during the American lobster stock rebuilding 
period.

2. Alternative 3--Ban Fishing for and Possession of Lobster

    See Section III.3.C of the DEIS/RIR.
    This alternative was rejected in favor of Alternative 1, the status 
quo option, because Alternative 3 would have severe economic impacts on 
Federal permit holders and would likely result in an adverse, 
substantial shift of fishing effort to other EEZ, as well as inshore 
fisheries.
    Although this rule does not modify existing regulations found at 50 
CFR part 697 pertaining to weakfish, Atlantic striped bass, and 
Atlantic sturgeon, the entirety of part 697, as proposed, is repeated 
here.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Parts 649 and 697

    Fisheries, Fishing.

    Dated: November 22, 1999.
Andrew A. Rosenberg,
Deputy 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., 15 CFR chapter IX and 50 CFR parts chapter VI, are 
amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, the table in paragraph (b) is amended by:
    A. Removing under 50 CFR the entries for Secs. 649.4, 649.5, 649.6, 
649.7 and 649.21; and
    B. Adding under 50 CFR the following entries in numerical order.


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
    CFR part or section where the information collection
                   requirement is located                     Number \1\
------------------------------------------------------------------------
 
                  *        *        *        *        *
50 CFR:
                  *        *        *        *        *
  697.4(a), (d) and (e).....................................   0648-0202
  697.5.....................................................       -0202
  697.6.....................................................       -0202
  697.8.....................................................       -0350
  697.12....................................................       -0202
  697.21....................................................       -0351
  697.22....................................................      -0309
------------------------------------------------------------------------
\1\ Current OMB control number (all numbers begin with 0648--).

50 CFR CHAPTER VI

PART 649--AMERICAN LOBSTER FISHERY--[REMOVED]

    3. Part 649 is removed.

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

    4. The authority citation for part 697 continues to read as 
follows:

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

    5. Part 697 is revised to read as follows:

[[Page 68248]]

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 and trap tags.
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
697.17  Non-trap harvest restrictions.
697.18  Lobster management areas.
697.19  Trap limits and trap tag requirements for vessels fishing 
with traps.
697.20  Size, harvesting and landing requirements.
697.21  Gear identification and marking, escape vent, maximum trap 
size, and ghost panel requirements.
697.22  Exempted fishing.
697.23  Restricted gear areas.
697.24  Exempted waters for Maine State American lobster permits.
697.25  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.
    Atlantic sturgeon means members of stocks or populations of the 
species Acipenser oxyrhynchus.
    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 BRD means any BRD, as defined in part 622, Appendix D of 
this chapter: Specifications for Certified BRDs.
    Charter or head boat means any vessel carrying fishing persons or 
parties for a per capita fee, for a charter fee, or any other type of 
fee.
    Commercial dive vessel means any vessel carrying divers for a per 
capita fee, a charter fee, or any other type of fee.
    Commercial purposes means for the purpose of selling, trading, 
transferring, 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.
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land), any species of fish, the 
harvest of which is managed by this part, from the owner or operator of 
a vessel issued a valid permit under this part, or any person who 
receives, for a commercial purpose (other than solely for transport on 
land), any species of fish managed under this part.
    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.
    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, 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 in 
this part for management purposes under the lobster 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.
    Natural Atlantic sturgeon means any Atlantic sturgeon that is not 
the result of a commercial aquaculture operation, and includes any 
naturally occurring Atlantic sturgeon (those Atlantic sturgeon 
naturally spawned and grown

[[Page 68249]]

in rivers and ocean waters of the Atlantic Coast).
    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, 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.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel means any vessel from which no fishing 
other than recreational fishing is conducted. Charter and head boats 
and commercial dive vessels are not considered recreational fishing 
vessels.
    Regional Administrator means the Regional Administrator, Northeast 
Region, NMFS, or a designee.
    Retain means to fail to return any species specified under 
Sec. 697.7 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.
    Sea sampler/observer means any person required or authorized to be 
carried on a vessel for conservation and management purposes by 
regulations or permits.
    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).
    Stocked Atlantic sturgeon means any Atlantic sturgeon cultured in a 
hatchery that is placed in rivers and ocean waters of the Atlantic 
Coast to enhance the Atlantic sturgeon spawning stocks.
    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, or designed to be placed, on the ocean bottom and is designed 
for or is capable of, catching lobsters. Red crab fishing gear, fished 
deeper than 200 fathoms (365.8 m), is gear deemed not to be a trap for 
the purpose of this part, and is not subject to the provisions of this 
part.
    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.
    (b) [Reserved]


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 or measure.


Sec. 697.4  Vessel permits and trap tags.

    (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: charter, head, and commercial dive vessels that possess six 
or fewer American lobsters per person aboard the vessel if such 
lobsters are not intended for, nor used, in trade, barter or sale; 
recreational fishing vessels; and vessels that fish exclusively in 
state waters for American lobster.
    (1) Eligibility in 1999 and thereafter. To be eligible for issuance 
or renewal of a Federal limited access lobster permit for fishing year 
1999 and thereafter, a vessel must:
    (i) Have been issued a Federal limited access lobster permit for 
the preceding fishing year by the last day of such fishing year unless 
a CPH has been issued as specified in paragraph (a)(5) of this section 
or unless otherwise authorized by the Regional Administrator;
    (ii) Be replacing a vessel that was issued a Federal limited access 
lobster permit for the preceding year; or
    (iii) Be replacing a vessel issued a CPH.
    (2) 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)(3) of this section.
    (3) Change in ownership. The fishing and permit history, and 
management area designation, when required 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, and management area designation, 
for the purposes of replacing the vessel.
    (4) Consolidation restriction. Federal limited access American 
lobster permits, and any rights or privileges associated thereto, may 
not be combined or consolidated.
    (5) 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

[[Page 68250]]

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 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.
    (6) 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' permit or fishing history has been used 
to qualify another vessel for another Federal fishery.
    (7) Management area designations for vessels fishing with traps. 
(i) For fishing year 2000 and beyond, it is unlawful for vessels issued 
a limited access American lobster permit fishing with traps, to retain 
on board, land, or possess American lobster in or from the management 
areas specified in Sec. 697.18, unless such fishing vessel has been 
issued a valid management area designation certificate or valid limited 
access American lobster permit specifying such management area(s).
    (ii) For fishing year 2000 and beyond, each owner of a vessel which 
fishes with traps capable of catching American lobster, applying for a 
limited access American lobster permit must declare to NMFS in his/her 
application for a permit or permit renewal, in which management areas 
described in Sec. 697.18 the vessel will fish.
    (iii) A lobster management area designation certificate or limited 
access American lobster permit shall specify in which lobster 
management area or areas the vessel may fish.
    (iv) Once a vessel has been issued a lobster management area 
designation certificate or limited access American lobster permit 
specifying the lobster EEZ management areas in which the vessel may 
fish, no changes to the EEZ management areas specified may be made for 
such vessel for the remainder of the fishing year unless such vessel 
becomes a replacement vessel for another qualified vessel.
    (v) A vessel issued a lobster management area designation 
certificate or limited access American lobster permit specifying more 
than one EEZ management area must abide by the most restrictive 
management measures in effect for any one of the specified areas, 
regardless of the area being fished, for the entire 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. To be complete, an application for a Federal limited 
access American lobster permit must contain at least the following 
information, and any other information specified on the application 
form or otherwise 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; lobster management area designation the 
vessel will fish in, as specified in Sec. 697.18, if fishing with traps 
capable of catching American lobster; 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; 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. 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 prior to the date on which 
the permit is needed by the applicant. The Regional Administrator shall 
notify the applicant of any deficiency in the application.
    (d) Trap tag application, lost and replacement tags. (1) Beginning 
fishing year 2000, any lobster trap fished in Federal waters must have 
a valid Federal lobster trap tag permanently attached to the trap 
bridge or central cross-member.
    (2) Trap tags shall be issued by the Regional Administrator, or, by 
state agencies, by agreement with the Regional Administrator, provided 
that such state tagging programs accurately identify the Federal 
limited access American lobster permit holder. NMFS will provide notice 
to American lobster permit holders as to the procedure for applying for 
trap tags and any required fees.
    (3) Vessel owners or operators are required to report to the 
Regional Administrator lost, destroyed, and missing tags as soon as 
feasible within 7 days after the tags have been discovered lost, 
destroyed, or missing, by letter or fax to the Regional Administrator.
    (4) Requests for replacement of lost tags in excess of the tag 
limit specified in Sec. 697.19(c) must be submitted in writing to the 
Regional Administrator on an appropriate form obtained from the 
Regional Administrator and 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.
    (e) Fees. The Regional Administrator may charge a fee to recover 
the administrative expenses of issuing a permit or trap tags required 
under this section. Fee amounts shall be calculated in accordance with 
the procedures of

[[Page 68251]]

the NOAA Finance Handbook, available from the Regional Administrator, 
for determining administrative costs of each special product or 
service. Fees may not exceed such costs and shall 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 permit or tags, as 
applicable, 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;
    (ii) The application was not received by the Regional Administrator 
by any applicable deadline set forth in this section;
    (iii) The applicant and applicant's vessel failed to meet all 
applicable eligibility requirements set forth in this section or the 
number of tags requested exceeds the applicable tag limit specified in 
Sec. 697.19(c);
    (iv) The applicant has failed to meet any other application or tag 
requirements stated in this part.
    (2) Incomplete applications. Upon receipt of an incomplete or 
improperly executed application for any permit under this part, 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 permit expires annually upon the renewal date 
specified in the permit.
    (h) Duration. A permit will continue in effect until the renewal 
date unless 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 specified in paragraph (k) 
of this section.
    (i) Reissuance. A vessel permit may be reissued 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 number of the permit requested to be reissued. An 
application for a reissued permit is not considered a new application. 
The fee for a reissued permit shall be the same as for an initial 
permit.
    (j) Transfer. A permit issued under this part is not transferable 
or assignable. A permit will be valid only for the fishing vessel, 
owner and/or person for 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. A vessel permit must be carried, at all times, on 
board the vessel for which it is issued and shall be subject to 
inspection upon request by any authorized officer. Any permit issued 
under this part must be maintained in legible condition.
    (n) Sanctions. Permits issued or sought under this section may be 
suspended, revoked, or modified, by procedures governing enforcement-
related permit sanctions and denials, found at subpart D of 15 CFR part 
904.
    (o) Abandonment or voluntary relinquishment of limited access 
American lobster permits. Failure to renew a limited access permit in 
any fishing year bars the renewal of the permit in subsequent years. 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: Charter, head, and commercial dive 
vessels 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 fishing 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. To be complete, an 
application must contain at least the following information, and any 
other information specified on the application form or otherwise 
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 1 year old) color 
passport-size photographs. 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.
    (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 vessels 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. 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 or measure.
    (d) Fees. The Regional Administrator may charge a fee to recover 
the administrative expenses of issuing a permit required under this 
section. The amount of the fee shall be calculated in accordance with 
the procedures of the NOAA Finance Handbook, available from the 
Regional Administrator, for determining administrative costs of each 
special product or service. The fee may not exceed such costs and shall 
be specified with each application form.

[[Page 68252]]

The applicable fee must accompany each application; if it does not, the 
application will be considered incomplete for purposes of paragraph (e) 
of this section. Any fee paid by an insufficiently funded commercial 
instrument shall render any permit issued on the basis thereof null and 
void.
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator shall issue an operator's permit within 30 
days of receipt of the application if the criteria specified herein are 
met. Upon receipt of an incomplete or improperly executed application, 
the Regional Administrator will notify the applicant of the deficiency 
in the application. If the application fails to correct the deficiency 
within 30 days following the date of notification, the application will 
be considered abandoned.
    (f) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (g) Duration. An operator 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 (j) of this section.
    (h) Reissuance. An operator permit may be reissued by the Regional 
Administrator when requested in writing by the applicant, stating the 
need for reissuance and the number of the permit requested to be 
reissued. An applicant for a reissued operator permit must also provide 
two recent (no more than 1 year old) color passport-size photos of the 
applicant. An application for a reissued permit is not 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 to 
whom it is issued.
    (j) 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.
    (k) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (l) Display. Any permit issued under this part must be maintained 
in legible condition and displayed for inspection upon request by any 
authorized officer.
    (m) 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. Permits 
issued or sought under this section may be suspended, revoked, or 
modified, by procedures governing enforcement-related permit sanctions 
and denials, found at subpart D of 15 CFR part 904.
    (n) 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) Any person who receives, for a commercial purpose (other than 
solely for transport on land), American lobster from the owner or 
operator of a vessel issued a valid permit under this part, or any 
person who receives, for a commercial purpose (other than solely for 
transport on land), American lobster, managed by this part, must have 
been issued, and have in his/her possession, a valid permit issued 
under this section.
    (b) Dealer application. Applicants for a dealer permit under this 
section must submit a completed permit application on an appropriate 
form obtained from the Regional Administrator. To be complete, an 
application must contain at least the following information, and any 
other information specified on the application form or otherwise 
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. 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 needs the permit. The 
Regional Administrator will notify the applicant of any deficiency in 
the application.
    (c) Fees. The Regional Administrator may charge a fee to recover 
the administrative expenses of issuing a permit required under this 
section. The amount of the fee shall be calculated in accordance with 
the procedures of the NOAA Finance Handbook, available from the 
Regional Administrator, for determining administrative costs of each 
special product or service. The fee may not exceed such costs and shall 
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 (e) of this section. 
Any fee paid by an insufficiently funded commercial instrument shall 
render any permit issued on the basis thereof null and void.
    (d) 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.
    (e) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (f) 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 (i) of this section.
    (g) Reissuance. A dealer permit may be reissued by the Regional 
Administrator when requested in writing by the applicant, stating the 
need for reissuance and the number of the permit requested to be 
reissued. An application for a reissued permit is not considered a new 
application. An appropriate fee may be charged.
    (h) 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.
    (i) Change in application information. Notice of a change in the 
dealers 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

[[Page 68253]]

Regional Administrator within 15 days, the permit is void.
    (j) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (k) Display. Any permit issued under this part must be maintained 
in legible condition and displayed for inspection upon request by any 
authorized officer.
    (l) 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 under this part must comply 
with the more restrictive requirement.
    (m) Sanctions. Permits issued or sought under this section may be 
suspended, revoked, or modified, by procedures governing enforcement-
related permit sanctions and denials, found at subpart D of 15 CFR part 
904.


Sec. 697.7  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the 
prohibitions set forth in Sec. 600.725 of this chapter, 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) 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) 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) 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) 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, 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. (1) In addition to the prohibitions specified 
in Sec. 600.725 of this chapter, it is unlawful for any person owning 
or operating a vessel issued a Federal limited access American lobster 
permit under Sec. 697.4 or a vessel or person holding a valid State of 
Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec. 697.24 to do any 
of the following:
    (i) Retain on board, land, or possess at or after landing, whole 
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 action, up to and including the 
time when a dealer receives or possesses American lobsters for a 
commercial purpose.
    (ii) Retain on board, land, or possess, up to the time when a 
dealer first receives or possesses American lobster for a commercial 
purpose, any American lobster or parts thereof in violation of the 
mutilation standards specified in Sec. 697.20(c).
    (iii) Retain on board, land, or possess any berried female American 
lobster specified in Sec. 697.20(d).
    (iv) Remove eggs from any berried female American lobster, land, or 
possess any such lobster from which eggs have been removed. No person 
owning or operating a vessel issued a Federal limited access American 
lobster permit under Sec. 697.4 or a vessel or person holding a State 
of Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec. 697.24 may land or 
possess any lobster that has come in contact with any substance capable 
of removing lobster eggs.
    (v) Retain on board, land, or possess any V-notched female American 
lobster.
    (vi) Spear any American lobster, or land or possess any American 
lobster which has been speared.
    (vii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel trap gear in excess of the trap limits specified 
in Sec. 697.19.
    (viii) Possess, deploy, haul, harvest lobster from, or carry aboard 
a vessel any trap gear not identified, vented, paneled, and of a volume 
larger than specified in accordance with the requirements in 
Sec. 697.21, unless such gear has been rendered unfishable.
    (ix) Beginning May 1, 2000, possess, deploy, haul, harvest lobster 
from, or carry aboard a vessel any trap gear not tagged in accordance 
with the requirements in Sec. 697.19, unless such gear has been 
rendered unfishable.
    (x) Beginning May 1, 2000, fail to produce, or cause to be 
produced, lobster trap tags when requested by an authorized officer.
    (xi) Beginning May 1, 2000, reproduce, or cause to be reproduced, 
lobster trap tags without the written consent of the Regional 
Administrator.
    (xii) Beginning May 1, 2000, possess a lobster trap tag, tag a 
lobster trap with, or use, a lobster trap tag that has been reported 
lost, missing, destroyed, or issued to another vessel.
    (xiii) Beginning May 1, 2000, sell, transfer, or give away lobster 
trap tags that have been reported lost, missing, destroyed, or issued 
to another vessel.
    (xiv) Fail to affix and maintain permanent markings, as required by 
Sec. 697.8.
    (xv) Fish for, retain on board, land, or possess American lobsters, 
unless the operator of the vessel has been issued an

[[Page 68254]]

operator's permit under Sec. 697.5, and the permit is on board the 
vessel and is valid.
    (xvi) 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(j).
    (xvii) Make any false statement in connection with an application 
under Sec. 697.4, Sec. 697.5, or Sec. 697.6.
    (xviii) 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.
    (xix) Refuse or fail to carry a sea sampler/observer if requested 
to do so by the Regional Administrator.
    (xx) Fail to provide a sea sampler/observer with required food, 
accommodations, access, and assistance, as specified in Sec. 697.12.
    (xxi) Violate any terms of a letter authorizing exempted fishing 
pursuant to Sec. 697.22 or to fail to keep such letter aboard the 
vessel during the time period of the exempted fishing.
    (xxii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel any trap gear on a fishing trip in the EEZ from a 
vessel that fishes for, takes, catches, or harvests lobster by a method 
other than traps.
    (xxiii) Fish for, take, catch, or harvest lobster on a fishing trip 
in or from the EEZ by a method other than traps, in excess of 100 
lobsters (or parts thereof), for each lobster day-at-sea or part of a 
lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) 
for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), 
(a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), 
(b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter.
    (xxiv) Possess, retain on board, or land lobster by a vessel with 
any non-trap gear on board capable of catching lobsters, in excess of 
100 lobsters (or parts thereof), for each lobster day-at-sea or part of 
a lobster day-at-sea, up to a maximum of 500 lobsters (or parts 
thereof) for any one trip unless otherwise restricted by 
Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), 
(a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of 
this chapter.
    (xxv) Transfer or attempt to transfer American lobster from one 
vessel to another vessel.
    (xxvi) Beginning May 1, 2000, possess, deploy, fish with, haul, 
harvest lobster from, or carry aboard a vessel any trap gear in or from 
the management areas specified in Sec. 697.18, unless such fishing 
vessel has been issued a valid management area designation certificate 
or valid limited access American lobster permit specifying such 
management area(s) as required under Sec. 697.4(a)(7).
    (2) In addition to the prohibitions specified in Sec. 600.725 of 
this chapter and the prohibitions specified in paragraph (c)(1) of this 
section, it is unlawful for any person to do any of the following:
    (i) Retain on board, land, or possess American lobsters unless:
    (A) 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; or
    (B) 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
    (C) The American lobsters were harvested by a charter boat, head 
boat, or commercial 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
    (D) The American lobsters were harvested by a recreational fishing 
vessel; or
    (E) The American lobsters were harvested by a vessel or person 
holding a valid State of Maine American lobster permit or license and 
is fishing under the provisions of and in the areas designated in 
Sec. 697.24.
    (ii) 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 or unless the 
vessel or person holds a valid State of Maine American lobster permit 
or license and that is fishing under the provisions of and in the areas 
designated in Sec. 697.24.
    (iii) 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, without having 
been issued and possessing a valid operator's permit under Sec. 697.5.
    (iv) 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.
    (v) 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, or one holding or owned or operated by one holding a valid 
State of Maine American lobster permit or license and fishing under the 
provisions of and in the areas designated in Sec. 697.24, unless the 
American lobsters were harvested by a vessel without a Federal limited 
access American lobster permit and that fishes for American lobsters 
exclusively in state waters.
    (vi) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved sea sampler/observer aboard a vessel conducting his or 
her duties aboard a vessel, or any authorized officer conducting any 
search, inspection, investigation, or seizure in connection with 
enforcement of this part, or any official designee of the Regional 
Administrator conducting his or her duties.
    (vii) Refuse to carry a sea sampler/observer if requested to do so 
by the Regional Administrator.
    (viii) Refuse reasonable assistance to either a NMFS-approved sea 
sampler/observer conducting his or her duties aboard a vessel.
    (ix) 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.
    (x) 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.
    (xi) Retain on board, land, or possess any American lobsters 
harvested in or from the EEZ in violation of Sec. 697.20.
    (xii) Ship, transport, offer for sale, sell, or purchase, in 
interstate or foreign commerce, any whole live American lobster in 
violation of Sec. 697.20.
    (xiii) 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).
    (xiv) 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

[[Page 68255]]

board during the time periods specified in Sec. 697.23(b)(1), (c)(1), 
and (d)(1).
    (xv) 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).
    (xvi) Violate any terms of a letter authorizing exempted fishing 
pursuant to Sec. 697.22 or to fail to keep such letter aboard the 
vessel during the time period of the exempted fishing.
    (xvii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel any trap gear on a fishing trip in the EEZ on a 
vessel that fishes for, takes, catches, or harvests lobster by a method 
other than traps.
    (xviii) Fish for, take, catch, or harvest lobster on a fishing trip 
in the EEZ by a method other than traps, in excess of 100 lobsters (or 
parts thereof), for each lobster day-at-sea or part of a lobster day-
at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one 
trip unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), 
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter.
    (xix) Possess, retain on board, or land lobster by a vessel with 
any non-trap gear on board capable of catching lobsters, in excess of 
100 lobsters (or parts thereof), for each lobster day-at-sea or part of 
a lobster day-at-sea, up to a maximum of 500 lobsters (or parts 
thereof) for any one trip unless otherwise restricted by 
Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), 
(a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of 
this chapter.
    (xx) Transfer or attempt to transfer American lobster from one 
vessel to another vessel.
    (3) Presumptions. (i) Any person possessing, or landing American 
lobsters or parts thereof at or prior to the time when those American 
lobsters are landed, or are received or possessed by a dealer for the 
first time, 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 and that fishes for American lobsters exclusively in state 
waters; or are from a charter, head, or commercial 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 fishing vessel.
    (ii) American lobsters or parts thereof that are possessed, or 
landed at or prior to the time when the American lobsters are received 
by a dealer, or whole American lobsters that are possessed by a dealer, 
are presumed to have been 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 or foreign waters 
will be sufficient to rebut this presumption.
    (iii) The possession of egg-bearing female American lobsters, V-
notched female American lobsters, American lobsters that are smaller 
than the minimum size set forth in Sec. 697.20(b), or lobster parts, 
possessed at or prior to the time when the aforementioned lobsters or 
parts are received by a dealer, will be prima facie evidence that such 
American lobsters or parts 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.
    (d) Atlantic sturgeon fishery. In addition to the prohibitions set 
forth in Sec. 600.725, it is unlawful for any person to do any of the 
following:
    (1) Fish for Atlantic sturgeon in the EEZ.
    (2) Harvest any Atlantic sturgeon from the EEZ.
    (3) Possess any natural or stocked Atlantic sturgeon in or from the 
EEZ.
    (4) Retain any Atlantic sturgeon taken in or from the EEZ.
    (5) Possess any natural Atlantic sturgeon parts, including Atlantic 
sturgeon eggs, in the EEZ.


Sec. 697.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel issued a 
limited access American lobster permit 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, 
each fishing vessel issued a limited access American lobster permit 
must display its official number 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 issued a limited 
access American lobster permit 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 over 25 ft (7.6 m) in registered 
length, fishing in the EEZ and 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 aforementioned requirements.


Sec. 697.9  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.
    (b) Radio hails. Permit holders, while underway, must be alert for 
communication conveying enforcement instructions and immediately answer 
via VHF-FM radio, channel 16, when hailed by an enforcement officer. 
Vessels not required to have VHF-FM radios by the Coast Guard are 
exempt from this requirement.


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 Conservation Act and the ACFCMA, and to the 
regulations of this part.


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

    (a) The Regional Administrator may request any vessel issued a 
Federal limited access American lobster permit to carry a NMFS-approved 
sea sampler/observer. If requested by the Regional Administrator to 
carry a sea sampler/observer, a vessel may not engage in any fishing 
operations in the respective fishery unless a sea sampler/observer is 
on board, or unless the requirement is

[[Page 68256]]

waived, as specified in paragraph (c) of this section.
    (b) If requested in writing by the Regional Administrator to carry 
an sea sampler/observer, it is the responsibility of the vessel owner 
to arrange for and facilitate sea sampler/observer 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 in writing the requirement 
to carry a sea sampler/observer if the facilities on a vessel for 
housing the sea sampler/observer, or for carrying out sea sampler/
observer functions, are so inadequate or unsafe that the health or 
safety of the sea sampler/observer, 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 sea sampler/observer, 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 sea samplers/observers 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 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 sea sampler/observer coverage funded by outside 
sources if:
    (1) All coverage conducted by such sea samplers/observers is 
determined by NMFS to be in compliance with NMFS' sea sampler/observer 
guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The sea sampler/observer is approved by the Regional 
Administrator.

Subpart B--Management Measures


Sec. 697.17  Non-trap harvest restrictions.

    (a) Non-trap landing limits. In addition to the prohibitions set 
forth in Sec. 600.725 of this chapter, it is unlawful for a vessel with 
any non-trap gear on board capable of catching lobsters, or, that 
fishes for, takes, catches, or harvests lobster on a fishing trip in or 
from the EEZ by a method other than traps, to possess, retain on board, 
or land, in excess of 100 lobsters (or parts thereof), for each lobster 
day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 
lobsters (or parts thereof) for any one trip, unless otherwise 
restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), 
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter.
    (b) All persons that fish for, take, catch, or harvest lobsters on 
a fishing trip in or from 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 fishes for, takes, 
catches, or harvests lobster by a method other than traps may not 
possess on board, deploy, fish with, or haul back traps.


Sec. 697.18  Lobster management areas.

    The following lobster management areas are established for purposes 
of implementing the management measures specified in this part. (A copy 
of a chart showing the American lobster EEZ management areas is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (a) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area 
1 is defined by the area, including state and Federal waters that are 
near-shore in the Gulf of Maine, 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.
G1............................  42 deg.04.25' N.     70 deg.17.22' W.
G2............................  42 deg.02.84' N.     70 deg.16.1' W.
G3............................  42 deg.03.35' N.     70 deg.14.2' W.
------------------------------------------------------------------------

    Along the coastline of Massachusetts, New Hampshire, Maine, and the 
seaward EEZ boundary back to point A.
    (b) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area 
2 is defined by the area, including state and Federal waters that are 
near-shore in Southern New England, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             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.11'30'' N.    71 deg.47'15'' W.
R.............................  41 deg.18'30'' N.    71 deg.54'30'' 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.
    (c) Area 2/3 Overlap. The Area 2/3 Overlap is defined by the area, 
comprised entirely of Federal waters, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    (d) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3 
is defined by the area, comprised entirely

[[Page 68257]]

of Federal waters, 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' 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''.
------------------------------------------------------------------------

    (e) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area 
4 is defined by the area, including state and Federal waters that are 
near-shore in the northern Mid-Atlantic, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             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''.
------------------------------------------------------------------------

    (f) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area 
5 is defined by the area, including state and Federal waters that are 
near-shore in the southern Mid-Atlantic, 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''.
------------------------------------------------------------------------

    (g) Nearshore Management Area 6. The Nearshore Management Area 6 is 
defined by the area, including New York and Connecticut state waters, 
bounded by straight lines connecting the following points, in the order 
stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
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.11'30'' N.    71 deg.47'15'' W.
R.............................  41 deg.18'30'' N.    71 deg.54'30'' 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''.
------------------------------------------------------------------------

    (h) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore 
Outer Cape Lobster Management Area is defined by the area, including 
state and Federal waters off Cape Cod, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
F.............................  42 deg.10' N.        69 deg.56' W.
G.............................  42 deg.05.5' N.      70 deg.14' W.
G1............................  42 deg.04.25' N.     70 deg.17.22' W.
G2............................  42 deg.02.84' N.     70 deg.16.1' W.
G3............................  42 deg.03.35' N.     70 deg.14.2' W.
From Point G3 along the outer Cape Cod coast to Point H
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'' back to Point ``F''.
------------------------------------------------------------------------

    (i) NMFS may, consistent with Sec. 697.25, implement management 
measures necessary for each management area, in order to end 
overfishing and rebuild stocks of American lobster.


Sec. 697.19  Trap limits and trap tag requirements for vessels fishing 
with traps.

    (a) Trap limits for vessels fishing or authorized to fish in any 
Nearshore Management Area. (1) Beginning January 5, 2000, through April 
30, 2000, vessels fishing in any EEZ management area except EEZ 
Offshore Management Area 3, shall not fish with, deploy in, possess in, 
or haul back from such area more than 1,000 traps.
    (2) Beginning May 1, 2000, vessels fishing in or issued a 
management area designation certificate or valid limited access 
American lobster permit specifying the EEZ Nearshore Management Area(s) 
and the Area 2/3 Overlap, or, only the Area 2/3 Overlap, shall not fish 
with, deploy in, possess in, or haul back from such area more than 800 
traps.
    (b) Trap limits for vessels fishing or authorized to fish in the 
EEZ Offshore Management Area. (1) Beginning January 5, 2000, through 
April 30, 2000, vessels fishing only EEZ Offshore Management Area 3, 
or, fishing only EEZ Offshore Management Area 3 and the Area 2/3 
Overlap, shall not fish with, deploy in, possess in, or haul back from 
such area more than 2,000 traps.
    (2) Beginning May 1, 2000, vessels fishing only in or issued a 
management area designation certificate or valid limited access 
American lobster permit specifying only EEZ Offshore Management Area 3, 
or, specifying only EEZ Offshore Management Area 3 and the Area 2/3 
Overlap, shall not fish with, deploy in, possess in, or haul back from 
such area more than 1,800 traps.
    (c) Trap tag requirements for vessels fishing with traps. Beginning 
May 1, 2000, any lobster trap fished in Federal waters must have a 
valid Federal lobster trap tag permanently attached to the trap bridge 
or central cross-member.
    (d) In any fishing year, the maximum number of tags authorized for 
direct purchase by each permit holder is the applicable trap limit 
specified in paragraphs (a) and (b) of this section plus an additional 
10 percent to cover trap loss.


Sec. 697.20  Size, 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, unless otherwise specified, 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 EEZ Nearshore Management Area 1, as defined in 
Sec. 697.18(a)(1), is 5 inches (12.7 cm). Any vessel fishing in or 
permitted to fish in 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.

[[Page 68258]]

    (c) Mutilation. (1) Subject to the rebuttable presumption in 
Sec. 697.7(c)(3), no person may remove meat or any body appendage from 
any American lobster harvested in or from the EEZ before, or at the 
time of landing, or have in possession any American lobster part other 
than whole lobsters, up to the time when a dealer first receives or 
possesses American lobster.
    (2) Subject to the rebuttable presumption in Sec. 697.7(c)(3), no 
owner, operator or person aboard a vessel issued a Federal American 
lobster permit may remove meat or any body appendage from any American 
lobster before or at the time of landing, or have in possession any 
American lobster part other than whole lobsters, up to the time when a 
dealer first receives or possesses American lobster.
    (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) Removal of eggs. (1) No person may remove, including, but not 
limited to, the forcible removal and removal by chemicals or other 
substances or liquids, 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 remove, including but not 
limited to, the forcible removal, and removal by chemicals or other 
substances or liquids, 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.


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

    (a) Gear identification and marking. 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 legibly and indelibly 
marked with the following:
    (1) Identification. Effective through April 30, 2000, all lobster 
gear must be marked with the following code of identification:
    (i) A number assigned by the Regional Administrator; or
    (ii) Whatever positive identification marking is required by the 
vessel's home-port state.
    (2) Identification and trap tagging. Beginning May 1, 2000, lobster 
gear must be marked with a trap tag (as specified in Sec. 697.19) with 
the following code of identification:
    (i) A number assigned by the Regional Administrator; or
    (ii) Whatever positive identification marking is required by the 
vessel's home-port state.
    (b) Deployment and gear configuration. In the areas of the EEZ 
described in paragraph (b)(4) of this section, lobster trap trawls are 
to be displayed and configured as follows:
    (1) Lobster trap trawls of three or fewer traps deployed in the EEZ 
must be attached to and marked 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.)
    (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.
    (4) Gear deployment and configuration requirements specified in 
paragraphs (b)(1) through (b)(3) of this section apply in the following 
areas:
    (i) Gulf of Maine gear area. Gulf of Maine gear area is defined as 
all waters of the EEZ north of 42 deg.20' N. lat. seaward of a line 
drawn 12 nautical miles (22.2 km) from the baseline of the territorial 
sea;
    (ii) Georges Bank gear area. Georges Bank gear area is defined as 
all waters of the EEZ south of 42 deg.20' N. lat. and east of 
70 deg.00' W. long. or the outer boundary of the territorial sea, 
whichever lies farther east;
    (iii) Southern New England gear area. Southern New England gear 
area is defined as all waters of the EEZ west of 70 deg.00' W. long., 
east of 71 deg.30' W. long. at a depth greater than 25 fathoms (45.72 
m); and
    (iv) Mid-Atlantic gear area. Mid-Atlantic gear area is defined as 
all waters of the EEZ, west of 71 deg.30' W. long. and north of 
36 deg.33' N. lat. at a depth greater than 40 fathoms (73.15 m).
    (c) Escape vents. (1) 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 include either of the following escape 
vents in the parlor section of the trap, located in such a manner that 
it will not be blocked or obstructed by any portion of the trap, 
associated gear, or the sea floor in normal use:
    (i) A rectangular portal with an unobstructed opening not less than 
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 final rule, any other type of acceptable 
escape vent that the Regional Administrator finds to be consistent with 
paragraphs (c)(1)(i) and (ii) of this section.
    (d) Ghost panel. (1) Lobster traps not constructed entirely of wood 
(excluding heading or parlor twine and the escape vent) must contain a 
ghost panel located in the outer parlor(s) of the trap and not in the 
bottom of the trap 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

[[Page 68259]]

(0.24 cm) in diameter and covering a rectangular opening not less than 
3\3/4\ inches (9.53 cm) by 3\3/4\ inches (9.53 cm). The door of the 
trap may serve as the ghost panel, if fastened with one of these 
materials.
    (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).
    (e) Maximum trap size. (1) EEZ Nearshore Management Area maximum 
trap size. (i) Beginning January 5, 2000, 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, if deployed or possessed by a 
person or vessel permitted to fish in any EEZ Nearshore Management Area 
(Area 1, Outer Cape, Area 2, Area 4, Area 5, or Area 6) and the Area 2/
3 Overlap, or only in the Area 2/3 Overlap shall not exceed 25,245 
cubic inches (413,690 cubic centimeters) in volume, as measured on the 
outside portion of the trap, exclusive of the runners;
    (ii) Beginning May 1, 2003, 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, if deployed or possessed by a person or 
vessel permitted to fish in any EEZ Nearshore Management Area (Area 1, 
Outer Cape, Area 2, Area 4, Area 5, or Area 6) and the Area 2/3 
Overlap, or only in the Area 2/3 Overlap, shall not exceed 22,950 cubic 
inches (376,081 cubic centimeters) in volume as measured on the outside 
portion of the trap, exclusive of the runners.
    (2) EEZ Offshore Management Area maximum trap size. (i) Beginning 
January 5, 2000, 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, if deployed or possessed by a person or vessel permitted to 
fish only in EEZ Offshore Management Area 3 or only in EEZ Offshore 
Management Area 3 and the Area 2/3 Overlap, shall not exceed 33,110 
cubic inches (542,573 cubic centimeters) in volume as measured on the 
outside portion of the trap, exclusive of the runners;
    (ii) Beginning May 1, 2003, 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, if deployed or possessed by a person or 
vessel permitted to fish only in EEZ Offshore Management Area 3 or only 
in EEZ Offshore Management Area 3 and the Area 2/3 Overlap, shall not 
exceed 30,100 cubic inches (493,249 cubic centimeters) in volume as 
measured on the outside portion of the trap, exclusive of the runners.
    (f) Enforcement action. Unidentified, unmarked, unvented, 
improperly vented American lobster traps, or, beginning May 1, 2000, 
any untagged 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  Exempted fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of this part for the conduct of exempted fishing 
beneficial to the management of the American lobster, weakfish, 
Atlantic striped bass, or Atlantic sturgeon, 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, weakfish, or Atlantic sturgeon resource or fishery; or
    (2) Create significant enforcement problems.
    (b) Each vessel participating in any exempted fishing activity is 
subject to all provisions of this part, 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 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 of each fishing year, 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 only, provided that all mobile gear is on 
board the vessel while inside the area.
    (ii) Lobster trap gear. From June 16 through September 30 of each 
fishing year, 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                   Latitude            Longitude
------------------------------------------------------------------------
120...........................  40 deg.06.4' N.      68 deg.35.8' W.
 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.

[[Page 68260]]

 
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...........................  40 deg.02.75' N.     70 deg.16.1' W.
to 181........................  39 deg.59.3' N.      70 deg.14.0' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
 69...........................  40 deg.07.9' N.      68 deg.36.0' W.
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.59.7' N.      70 deg.13.05' W.
181...........................  39 deg.59.3' N.      70 deg.14.0' W. to
119...........................  40 deg.02.75' N.     70 deg.16.1' W.
------------------------------------------------------------------------

    (c) Restricted Gear Area II--(1) Duration--(i) Mobile Gear. From 
November 27 through June 15 of each fishing year, 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 only, provided that all mobile gear 
is on board the vessel while inside the area.
    (ii) Lobster trap gear. From June 16 through November 26 of each 
fishing year, 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                   Latitude            Longitude
------------------------------------------------------------------------
 1............................  39 deg.59.3' N.      70 deg.14.0' W.
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............................  39 deg.29.75' N.     72 deg.09.8' W.
to 48.........................  39 deg.29.0' N.      72 deg.09.25' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
49............................  40 deg.02.75' N.     70 deg.16.1' W.
 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............................  39 deg.29.0' N.      72 deg.09.25' W.
to 70.........................  39 deg.29.75' N.     72 deg.09.8' W.
------------------------------------------------------------------------

    (d) Restricted Gear Area III--(1) Duration--(i) Mobile Gear. From 
June 16 through November 26 of each fishing year, 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 defined in paragraph 
(d)(2) of this section) unless transiting only, provided that all 
mobile gear is on board the vessel while inside the area.
    (ii) Lobster trap gear. From January 1 through April 30 of each 
fishing year, 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                   Latitude            Longitude
------------------------------------------------------------------------
 49...........................  40 deg.02.75' N.     70 deg.16.1' W.
182...........................  40 deg.05.6' N.      70 deg.17.7' W.
183...........................  40 deg.06.5' N.      70 deg.40.05' W.

[[Page 68261]]

 
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...........................  39 deg.33.65' N.     72 deg.15.0' W.
to 70.........................  39 deg.29.75' N.     72 deg.09.8' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
182...........................  40 deg.05.6' N.      70 deg.17.7' W.
 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...........................  39 deg.29.75' N.     72 deg.09.8' W.
to 192........................  39 deg.33.65' N.     72 deg.15.0' W.
------------------------------------------------------------------------

    (e) Restricted Gear Area IV--(1) Duration for Mobile Gear. From 
June 16 through September 30 of each fishing year, 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 only, 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.     70 deg.45.00' W.
205...........................  40 deg.07.60' N.     70 deg.04.50' W.
206...........................  40 deg.07.80' N.     70 deg.09.20' W.
to 119........................  40 deg.02.75' N.     70 deg.16.1' W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
193...........................  40 deg.13.60' N.     68 deg.40.60' W.
 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.
 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.08.70' 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...........................  40 deg.02.75' N.     70 deg.16.1' W.
to 206........................  40 deg.07.80' N.     70 deg.09.20' W.
------------------------------------------------------------------------

Sec. 697.24  Exempted waters for Maine State American lobster permits.

    A person or vessel holding a valid permit or license issued by the 
State of Maine that lawfully permits that person to engage in 
commercial fishing for American lobster may, with the approval of the 
State of Maine, engage in commercial fishing for American lobsters in 
the following areas designated as EEZ, if such fishing is conducted in 
such waters in accordance with all other applicable Federal and State 
regulations:
    (a) West of Monhegan Island in the area located north of the line 
43.5 deg.42 deg.08'' N. lat., 69.5 deg.34'18'' W. long., and 43.5 
deg.42'15'' N. lat., 69.5 deg.19'18'' W. long.
    (b) East of Monhegan Island in the area located west of the line 
43.5 deg.44'00'' N. lat., 69.5 deg.15'05'' W. long., and 43.5 
deg.48'10'' N. lat., 69.5 deg.08'01'' W. long.
    (c) South of Vinalhaven in the area located west of the line 43.5 
deg.52'21'' N. lat., 68.5 deg.39'54'' W. long., and 43.5 deg.48'10'' N. 
lat., 67.5 deg.40'33'' W. long.
    (d) South of Boris Bubert Island in the area located north of the 
line 44.5 deg.19'15'' N. lat, 67.5 deg.49'30'' W. long. and 44.5 
deg.23'45'' N. lat., 67.5 deg.40'33'' W. long.


Sec. 697.25  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, publish a proposed rule to implement additional or 
different management measures for Federal waters in any of the 
management areas specified in Sec. 697.18 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 decreases in 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 public comment, NMFS may publish a final rule to implement 
any such measures.
    (b) At any other time, NMFS may publish a proposed rule, after 
consultation with the Commission, to implement any additional or 
different management measures in order to achieve ISFMP objectives or 
be compatible with Commission measures or recommendations or to be 
consistent with the national standards of the Magnuson-Stevens Act, or 
to meet overfishing and rebuilding requirements of the Magnuson-Stevens 
Act. After

[[Page 68262]]

considering public comments, NMFS may publish 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. 99-30824 Filed 12-3-99; 8:45 am]
BILLING CODE 3510-22-P