[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Proposed Rules]
[Pages 68556-68558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28701]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 697

[I.D. 110402A]


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Application for Exempted Fishing Permits (EFPs)

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

ACTION: Notification of a request for EFPs to harvest American lobster; 
request for comments.

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SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that the subject 
EFP application contains all the required information and warrants 
further consideration. The Regional Administrator has also made a 
preliminary determination that the activities authorized under the EFP 
would be consistent with the goals and objectives of Federal management 
of the American lobster resource. However, further review and 
consultation may be necessary before a final determination is made to 
issue the EFP. Therefore, NMFS announces that the Regional 
Administrator proposes to issue EFPs that would allow a maximum of six 
vessels to conduct fishing operations that are otherwise restricted by 
the regulations governing the American lobster fisheries of the 
Northeastern United States.
    The EFP involves the catching, retaining and dissecting of 200 sub-
legal lobsters as part of an ongoing research project to both monitor 
the offshore lobster fishery and to determine the size at which 
offshore lobster reach reproductive maturity. The experiment would 
involve only one experimental trap per vessel, and a total of six 
vessels, for a 1-month time period in the fall of 2002 and a 1-month 
time period in the spring of 2003. It would not involve the 
authorization of any additional trap gear in the area. The six 
participating commercial fishing vessels will collect detailed 
abundance and size frequency data on the composition of lobsters in 
three general offshore study areas in a collaborative effort with the 
University of New Hampshire (UNH) and the Atlantic Offshore 
Lobstermen's Association (AOLA) project on an American lobster 
monitoring and data collection program. Part of this research includes 
a size at maturity study using lobsters from each of the three study 
areas. One of the most reliable methods to determine size at maturity 
involves dissection of the female ovaries and examination of the eggs. 
This EFP requests that each of the six participating commercial fishing 
vessels utilize one modified juvenile lobster collector trap each to 
collect a project total of 200 sub-legal lobsters that would be 
collected and dissected from the three study areas to accurately 
determine size at maturity. Therefore, this document invites comments 
on the issuance of EFPs to allow six commercial fishing vessels utilize 
a maximum of six modified lobster traps and to collect, and retain a 
project total of 200 sub-legal American lobsters.

DATES: Comments on this action and application for an EFP for offshore 
lobster monitoring and data collection must be received on or before 
November 27, 2002.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NOAA Fisheries, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Lobster EFP Proposal''. Comments may also be sent via 
facsimile (fax) to (978) 281-9117.

FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management 
Specialist, (978) 281-9234.

SUPPLEMENTARY INFORMATION:

Background

    The regulations that govern exempted fishing, at 50 CFR 600.745(b) 
and 697.22 allow the Regional Administrator to authorize for limited 
testing, public display, data collection, exploration, health and 
safety, environmental clean-up, and/or hazardous removal purposes, and 
the targeting or incidental harvest of managed species that would 
otherwise be prohibited. An EFP to authorize such activity may be 
issued, provided there is adequate opportunity for the public to 
comment on the EFP application, the conservation goals and objectives 
of Federal management of the American lobster resource are not 
compromised,

[[Page 68557]]

and issuance of the EFP is beneficial to the management of the species.
    The American lobster fishery is the most valuable fishery in the 
northeastern United States. In 2001, approximately 74 million pounds 
(33,439 metric tons (mt)) of American lobster were landed with an ex-
vessel value of approximately $255 million dollars. American lobster 
experience very high fishing mortality rates and are overfished 
throughout their range, from Canada to Cape Hatteras. Although harvest 
and population abundance are near record levels due to high recent 
recruitment and favorable environmental conditions, there is 
significant risk of a sharp drop in abundance, and such a decline would 
have serious implications. Operating under the Atlantic States Marine 
Fisheries Commission's interstate management process, American lobster 
are managed in state waters under Amendment 3 to the American Lobster 
Interstate Fishery Management Plan (Amendment 3). In Federal waters of 
the Exclusive Economic Zone (EEZ), lobster is managed under Federal 
regulations at 50 CFR part 697. Amendment 3, and compatible Federal 
regulations established a framework for area management, which includes 
industry participation in the development of a management program which 
suits the needs of each lobster management area while meeting targets 
established in the Interstate Fisheries Management Program. The 
industry, through area management teams, with the support of state 
agencies, have played a vital role in advancing the area management 
program.
    To facilitate the development of effective management tools, 
extensive monitoring and detailed abundance and size frequency data on 
the composition of lobsters throughout the range of the resource are 
necessary. One of the main tools of regulation implemented throughout 
the lobster fishery has been the imposition of a minimum lobster 
carapace size limit. The purpose of implementing a minimum carapace 
size is to allow females to reach sexual maturity before they can be 
legally landed. This minimum carapace size limit attempts to 
approximate the size at which 50 percent of female lobsters are mature, 
thereby ensuring that 50 percent of the female lobsters in the 
population will reproduce at least once before they are caught. 
Currently the minimum size is fixed at 3 1/4 inches (83 mm) carapace 
length for the entire offshore lobster fishery.

Proposed EFP

    The proposed EFP, submitted by UNH in a collaborative effort with 
the AOLA and six commercial lobster fishing vessels that are also 
members of the AOLA, proposes to collect statistical and scientific 
information as part of a project designed to monitor the offshore 
American lobster fishery to collect data that will assist the 
development of management practices appropriate to the fishery. 
Participants in this project are funded by, and under the direction of 
the Northeast Consortium, a group of four research institutions 
(University of New Hampshire, University of Maine, Massachusetts 
Institute of Technology, and Woods Hole Oceanographic Institution) 
which are working together to foster this initiative.
    Each of six commercial fishing vessels involved in this monitoring 
and data collection program would collect detailed abundance and size 
frequency data on the composition of all lobsters collected from one 
research string of approximately 40 lobster traps, including data on 
sub-legal, and egg bearing females in addition to legal lobsters. This 
EFP would not involve the authorization of any additional lobster trap 
gear in the area. Two vessels would collect data from each of three 
general study areas: The Southern - Hudson Canyon Area; the Middle - 
Veatch Canyon Area; and the Northern - Georges Bank and Gulf of Maine 
Area. The participating vessels may retain on deck sub-legal lobsters, 
and egg bearing female lobsters, in addition to legal lobsters, for the 
purpose of collecting the required abundance and size frequency data 
specified by this project. Data collected would include size, sex, 
shell disease index, and the total number of legals, sub-legals, 
berried females, and v-notched females. All berried females would be 
returned to the sea as quickly as possible after data collection. In 
addition, all sub-legals captured from the experimental 40-trap string, 
except the modified trap, would be returned to the sea as quickly as 
possible after data collection. Pursuant to 50 CFR 600.745(3)(v), the 
Regional Administrator may attach terms and conditions to the EFP 
consistent with the purpose of the exempted fishing.
    Part of this research includes a size at maturity study using 
lobsters from each of the three study areas. Previous research on size 
at maturity for the offshore area was generalized and did not look at 
regional differences. Since research has shown large variations in size 
at maturity between inshore sites, one objective of the program would 
seek to determine if similar regional variations exist within the 
offshore fishery. Previous data collected on legal sized lobsters, 3 1/
4 inches (83 mm) or larger, has shown that lobsters from the Southern 
and Middle Study Areas were mature at the minimum size of 83 mm. One of 
the most reliable methods to determine size at maturity involves 
dissection of the female ovaries and examination of the eggs. 
Therefore, to determine size at maturity for the three study areas, 
sub-legal lobsters would be dissected, and the eggs examined to 
determine the stage of sexual maturity.
    To complete the size at maturity component of this study, this EFP 
requests the inclusion of a maximum of one modified lobster trap per 
vessel, designated as a juvenile lobster collector trap, in the string 
of approximately 40 traps. This modified lobster trap would have a 
smaller entrance head, no escape vents and would be made of a smaller 
mesh than the traditional offshore trap to catch and retain a high 
percentage of juvenile lobsters in the 30-65 mm carapace length range. 
The smaller entrance head would exclude large lobsters from this trap 
and decrease the probability of cannibalism within the trap. The 
modifications to the trap are to the escape vents, and trap entrance 
head, not to the trap's size or configuration, therefore this modified 
trap would impact its environment no differently than the regular 
lobster trap it replaces. This EFP will add no additional traps to the 
areas. This EFP requests that the six participating commercial lobster 
fishing vessels each be allowed to use one modified juvenile lobster 
collector trap to collect for dissection a total of 20 lobsters 
(ranging in size from 65-83 mm) in each sub-legal 5-mm carapace length 
(CL) group from the Southern Study Area and Middle Study Area, for a 
total of 160 sub-legal lobsters, and 40 sub-legal lobsters (ranging in 
size from 75-83 mm) in the Northern Study Area. Thus, in total, 200 
sub-legal lobsters would be collected and dissected as part of the size 
at maturity study. With the exception of the one modified juvenile 
lobster collector trap, all traps fished by the six participating 
vessels would comply with all applicable lobster regulations specified 
at 50 CFR 697.
    All sample collections would be conducted by six federally 
permitted commercial fishing vessels, during the course of regular 
commercial fishing operations. There would not be observers or 
researchers onboard every participating vessel. Upon landing, UNH 
personnel would retrieve the samples and take them to the UNH 
laboratory for analysis. All lobsters would be disposed of immediately 
upon

[[Page 68558]]

completion of the size at maturity analysis.
    This project, including the lobster handling protocols, was 
developed in consultation with NOAA Fisheries and University of New 
Hampshire scientists. To the greatest extent practicable, these 
handling protocols are designed to avoid unnecessary adverse 
environmental impact on lobsters involved in this project, while 
achieving the data collection objectives of this project.

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

    Date: November 5, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-28701 Filed 11-8-02; 8:45 am]
BILLING CODE 3510-22-S