[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Notices]
[Pages 19165-19166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-800]



[[Page 19165]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040504C]


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 conduct experimental 
fishing; request for comments.

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SUMMARY: 
    The Director, State, Federal and Constituent Programs Office, 
Northeast Region, NMFS (Office Director) has made a preliminary 
determination that the subject EFP application contains all the 
required information and warrants further consideration. The Office 
Director has also made a preliminary determination that the activities 
authorized under the EFPs 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 EFPs. Therefore, NMFS announces 
that the Office Director proposes to issue EFPs that would allow a 
maximum of six vessels to conduct fishing operations involving the use 
of one juvenile lobster collector trap per vessel that are otherwise 
restricted by the regulations governing the American lobster fisheries 
of the Northeastern United States.
    The EFP involves the non-destructive collection of size frequency 
and population data on legal and sublegal lobsters as part of an 
ongoing research project to monitor the offshore lobster fishery in 
Lobster Management Area 3. It would not involve the authorization of 
any additional trap gear in the area. A maximum of 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. This EFP requests that each participating commercial 
fishing vessel utilize one modified juvenile lobster collector trap to 
collect population data. The lobster trap modifications 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 
and will add no additional traps to the area. After data is collected 
on lobsters in the trap, all sub-legal and berried female lobsters will 
be immediately returned to the sea. The EFP waives the American lobster 
escape vent requirement specified at 50 CFR 697.21(c) for a maximum of 
one trap per vessel for a maximum of six vessels in the program. 
Therefore, this document invites comments on the issuance of EFPs to 
allow a maximum of six commercial fishing vessels utilize a maximum of 
six modified lobster traps and to collect statistical data using 
modified lobster trap gear.

DATES: Comments on this lobster EFP notification for offshore lobster 
monitoring and data collection must be received on or before April 27, 
2004.

ADDRESSES: 
    Written comments should be sent to Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930-2298. Mark the outside of the envelope 
``Comments--Lobster EFP Proposal.'' Comments also may be sent via 
facsimile (fax) to 978-281-9117. Comments on the Lobster EFP Proposal 
may be submitted by e-mail. The mailbox address for providing e-mail 
comments is [email protected]. Include in the subject line of the e-mail 
comment the following document identifier: ``Comments--Lobster EFP 
Proposal.''

FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management 
Specialist, (978) 281-9234, fax (978)-281-9117.

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, 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 2002, approximately 82 million pounds 
(37,324 metric tons (mt)) of American lobster were landed with an ex-
vessel value of approximately $293 million. American lobsters 
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 lobsters 
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. This proposed EFP will continue a project involved in 
extensive monitoring and detailed population information of American 
lobster in three offshore study areas using modified lobster trap gear 
that would otherwise be prohibited.

Proposed EFP

    The proposed EFP is a continuation of a project begun in 2003, and 
is submitted by UNH in a collaborative effort with the AOLA and six 
commercial lobster fishing vessels that are also members of the AOLA. 
The EFP 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

[[Page 19166]]

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 
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 sub-legals, berried females, and v-notched 
females 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.
    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. Due to modifications to the escape vent, the EFP proposed 
to waive the American lobster escape vent requirement specified at 50 
CFR 697.21(c) for a maximum of one trap per vessel for a maximum of six 
vessels in the program. With the exception of the one modified juvenile 
lobster collector trap, all traps fished by a maximum of six 
participating vessels would comply with all applicable lobster 
regulations specified at 50 CFR part 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.
    This project, including the lobster handling protocols, was 
initially 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.

    Dated: April 6, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E4-800 Filed 4-9-04; 8:45 am]
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