[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Rules and Regulations]
[Pages 14500-14502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6080]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 001120327-1037-02; I.D. 091800H]
RIN 0648-AO58


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 regulations to modify the management measures 
applicable to the American lobster fishery. This action exempts black 
sea bass fishers who concurrently hold limited access lobster and 
limited access black sea bass permits from the more restrictive gear 
requirements in the lobster regulations when fishing in Lobster 
Conservation Management Area 5 (LCMA 5) if they obtain a ``Area 5 Trap 
Waiver'' category permit. Under this exemption, such fishers are 
restricted to the non-trap lobster allowance while targeting black sea 
bass in LCMA 5. This regulation also clarifies that lobster trap 
regulations do not affect trap gear requirements for fishermen who do 
not possess a Federal limited access American lobster permit. The 
intent of these regulations is to relieve restrictions on fishers that 
were unintended, without compromising lobster conservation goals.

DATES: Effective April 12, 2001.

ADDRESSES: Copies of the Final Environmental Assessment/Regulatory 
Impact Review (EA/RIR) are available from the Director, State, Federal, 
and Constituent Programs Office, NMFS, One Blackburn Drive, Gloucester, 
MA 01930. Send comments on any ambiguity or unnecessary complexity 
arising from the language used in this final rule to the same address. 
Comments regarding the collection of information requirements contained 
in the final rule should be sent to: the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (ATTN: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: A proposed rule for this action was 
published in the Federal Register on December 5, 2000 (65 FR 75916). 
The comment period closed on December 26, 2000.

Black Sea Bass LCMA 5 Trap Waiver Permit

    The black sea bass LCMA 5 trap waiver permit measures contained in 
this final rule are unchanged from those in the proposed rule. A 
complete discussion of background issues that led to the development of 
these measures is contained in the preamble to the proposed rule and is 
not repeated here. This final rule establishes an American lobster 
limited access category permit to allow dual permit status vessels--
vessels having limited access eligibility in the black sea bass and 
lobster fisheries--to elect to participate in a program that exempts 
them from the lobster gear restrictions while targeting black sea bass 
in LCMA 5 but which limits them to the non-trap lobster allowance. The 
non-trap allowance is a landing limit of 100 lobsters per day and up to 
500 lobsters per trip for trips 5 days or longer.
    To be exempt to lobster gear restrictions while targeting black sea 
bass in LCMA 5, a vessel will obtain an ``Area 5 Trap Waiver'' category 
permit through the normal permitting process. A vessel with an ``Area 5 
Trap Waiver'' category permit will be limited to the non-trap allowance 
and may only land lobsters in greater numbers by formally canceling the 
``Area 5 Trap Waiver'' category permit and switching to the commercial 
lobster category permit, again through the normal Federal permitting 
process. Cancellations of the ``Area 5 Trap Waiver'' category permit 
will be treated administratively as a lobster permit category change 
and will not result in the loss of limited access eligibility in either 
the lobster or the black sea bass fisheries. Vessels will be required 
to comply with the regulations that are appropriate for the target 
fishery and with the category of permits presently issued.
    The creation of this new permit category addresses a common problem 
in managing overlapping or mixed fisheries. Ideally, conservation 
restrictions should be tailored as closely as possible to the target 
fishery; for instance, lobster fishers will be required to comply with 
the lobster gear restrictions and black sea bass fishers with sea bass 
restrictions. In mixed fisheries, tailoring becomes more difficult 
because the least restricted fishery can be used as a loophole for the 
other; in this case, black sea bass traps can become a loophole in the 
lobster conservation program. This final rule isolates and prohibits 
the problematic trips, namely, those that would target lobster with 
black sea bass traps. Only incidental amounts of lobster could be 
retained from such trips. These measures preserve the ability to fish 
in both fisheries in a single year under rules appropriate to the 
fisher's preferred target and without the loss of limited access status 
in either fishery. Detection of violations is simplified through the 
permit mechanism because an agent will need only to compare the 
observed landings with the rules associated with the permit.

Comments and Responses

    There were no comments submitted in response to the proposed rule 
during the comment period.

[[Page 14501]]

Changes From the Proposed Rule

    In Sec. 697.26, the word ``lobster'' is removed and the words ``EEZ 
Nearshore'' were added to maintain consistency with existing text 
describing lobster management areas in Sec. 697.18.
    In Sec. 697.26(b), the word ``Lobster'' in the phrase ``Lobster 
Management Area 5'' is removed and the words ``EEZ Nearshore'' were 
added to maintain consistency with existing text describing lobster 
management areas in Sec. 697.18.
    No other changes were made from the proposed rule.

Classification

    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule. Such comments should be sent to the Director, State, Federal and 
Constituent Programs Office (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is published under the authority of the ACFCMA. 
Section 804(b)(1) of the ACFCMA authorizes the Secretary of Commerce 
(Secretary) to issue regulations in the EEZ that are compatible with 
the effective implementation of a coastal fishery management plan and 
consistent with the national standards set forth in section 301 of the 
Magnuson-Stevens Act. This authority has been delegated to the Acting 
Assistant Administrator for Fisheries, NOAA (AA). The AA has determined 
that these actions are consistent with the national standards of the 
Magnuson-Stevens Act and compatible with the effective implementation 
of the ISFMP for American Lobster.
    As a result of these lobster management measures in the final rule, 
black sea bass traps in the waters of Area 5 could increase, compared 
to the constraints on the number of traps fished in this area 
undercurrent regulations (imposed in December 1999 and implemented in 
January 2000). However, there has been no observed takes of ESA or MMPA 
listed species in the black sea bass trap fishery, and these measures 
are expected to affect only a small number of fishers. Therefore, this 
action would not change the basis of the Biological Opinion made on 
December 17, 1998 or affect any ongoing consultation for this fishery 
under Section 7 of the ESA.
    The measures for an Area 5 Black Sea Bass Trap Waiver fall within 
the scope of consultations on previous American lobster and Black Sea 
Bass FMP actions. Given the number of vessels affected by these 
measures, the limited presence of protected species most susceptible to 
trap gear (i.e., right whales, humpback whales) in the addition of 
adverse impacts which would change the basis for the determinations in 
those consultations. Should activities under this action change or new 
information become available that changes the basis for this 
determination, then consultation will be reinitiated.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration, when this rule was proposed that it would not have a 
significant economic impact on a substantial number of small entities. 
No comments were received regarding the economic effects of this rule. 
Accordingly the basis for the certification has not changed.
    Notwithstanding any other provision of 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 final rule contains collection-of-information requirements 
subject to the PRA, and modifies (or adds new) collection-of-
information requirements previously (approved under OMB control number 
0648-0202) (15 minutes per response to initiate a permit category 
change and select the LCMA 5 Trap Waiver Permit category, 2 minutes per 
response to return a suspended limited access lobster trap permit, and 
15 minutes per response to initiate cancellation of a LCMA 5 Trap 
Waiver Permit and re-activate a suspended limited access lobster trap 
permit). The following collection-of-information requirements are being 
restated and have already been approved by OMB as shown: vessel permit 
applications approved under OMB control number 0648-0202 with the 
response times per application of 30 minutes for a new application, and 
15 minutes for renewal applications, and a lobster trap tag requirement 
approved under OMB control number 0648-0351 with a response time of 1 
minute per tag.
    Send comments regarding these burden estimates or any other aspect 
of the data requirements, including suggestions for reducing the 
burden, to NMFS (see ADDRESSES) and to the Office of Information and 
Regulatory Affairs (see ADDRESSES).

List of Subjects in 50 CFR Part 697

    Fisheries, Fishing.

    Dated: March 5, 2001.
Clarence G. Pautzke,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 697 is amended 
as follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

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

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

Subpart A--General Provisions

    2. In Sec. 697.2, the definition of ``Trap'' is removed and a 
definition for ``Lobster trap'' is added to read as follows:


Sec. 697.2  Definitions.

* * * * *
    Lobster 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), and fishing gear fished 
by a vessel not issued a limited access lobster permit under Sec.  
697.4(a), are gear deemed not to be lobster traps for the purpose of 
this part, and are not subject to the provisions of this part.
* * * * *

    3. In Sec. 697.4, paragraph (d)(1) is revised and paragraph (p) is 
added to read as follows:


Sec. 697.4  Vessel permits and trap tags.

* * * * *
    (d) * * * (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, unless 
exempt under Sec. 697.26.
* * * * *
    (p) Permit category change. A vessel permit category change (for 
individuals who possess a dual Federal limited access permit for 
American lobster and black sea bass and who restrict fishing operations 
to Area 5) may be issued by the Regional Administrator when requested 
in writing by the owner or by an authorized representative of a vessel 
meeting the eligibility requirements under Sec. 697.26(a).

    4. In Sec. 697.7, paragraphs (c)(1)(vii) through (x) are revised to 
read as follows:

[[Page 14502]]

Sec. 697.7  Prohibitions.

* * * * *
    (c) * * *
    (1) * * *
    (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 unless exempted pursuant to Sec. 697.26
    (viii) Possess, deploy, haul, harvest lobster from, or carry aboard 
a vessel any trap gear that does not satisfy the requirements on gear 
identification and marking, escape vents, ghost panel and maximum trap 
size specified in Sec. 697.21, unless such gear has been rendered 
unfishable, or unless exempted pursuant to Sec. 697.26.
    (ix) 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, or unless 
exempted pursuant to Sec. 697.26.
    (x) Fail to produce, or cause to be produced, lobster trap tags 
when requested by an authorized officer, unless exempted pursuant to 
Sec. 697.26.
* * * * *

Subpart B--Management Measures

    5. In Sec. 697.19, paragraph (e) is added to read as follows:


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

* * * * *
    (e) Exemption. Any vessel issued an Area 5 Trap Waiver permit under 
Sec.  697.4(p) is exempt from the provisions of this section.

    6. In Sec. 697.21, paragraph (g) is added to read as follows:


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

* * * * *
    (g) Exemption. Any vessel issued an Area 5 Trap Waiver permit under 
Sec.  697.4(p) is exempt from the provisions of this section.

    7. A new Sec. 697.26 is added to subpart B to read as follows:


Sec. 697.26  EEZ Nearshore Management Area 5 Trap Waiver.

    (a) Eligibility. Vessels eligible for limited access lobster 
permits under Sec.  697.4(a)(1) and limited access black sea bass 
permits under Sec. 648.4(a)(7)(i) of this chapter may request an Area 5 
Trap Waiver Permit, under the procedures described in Sec. 697.4.
    (b) Restrictions. A vessel issued an Area 5 Trap Waiver permit 
under this section may engage in trap fishing for black sea bass in EEZ 
Nearshore Management Area 5 and is exempt from the provisions of 
Sec. 697.19 and Sec. 697.21 if such fishing is conducted in accordance 
with all other provisions of this section and all other Federal and 
state laws and regulations applicable to lobster and black sea bass 
fishing.
    (1) A vessel issued a permit under this section may retain, land 
and sell an incidental allowance of lobster equal to the non-trap 
harvest restrictions specified in Sec. 697.17(a).
    (2) A vessel issued a permit under this section may not possess on 
board or deploy bait or baited traps.
[FR Doc. 01-6080 Filed 3-12-01; 8:45 am]
BILLING CODE 3510-22-S