[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17070-17071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1481]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 033005A]


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

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

ACTION: Notice; 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 Exempted Fishing Permit (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 seven 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 seven participating 
commercial fishing vessels will collect detailed abundance and size 
frequency data on the composition of lobsters in four general offshore 
study areas in a collaborative effort with the Atlantic Offshore 
Lobstermen's Association (AOLA). 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 for a maximum of one trap per 
vessel for a maximum of seven vessels in the program. Therefore, this 
document invites comments on the issuance of EFPs to allow a maximum of 
seven commercial fishing vessels utilize a maximum of seven modified 
lobster traps and to collect statistical data using modified lobster 
trap gear.

DATES: Written comments on this lobster EFP notification for offshore 
lobster monitoring and data collection must be received on or before 
April 19, 2005.

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 fax 
to 978-281-9117. Or, comments may be submitted by e-mail to 
[email protected]. Include in the subject line 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:

[[Page 17071]]

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 2003, approximately 72 million pounds 
(26,873 metric tons) of American lobster were landed with an ex-vessel 
value of approximately $286 million. 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 that 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 four 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 the AOLA and seven 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.
    Each of seven 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 modified juvenile lobster trap in a 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. Vessels 
would collect data from each of four general study areas: The Mid-
Atlantic - Chesapeake 50 Fathom Edge; 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 
seven vessels in the program. With the exception of the one modified 
juvenile lobster collector trap, all traps fished by a maximum of seven 
participating vessels would comply with all applicable lobster 
regulations specified at 50 CFR part 697.
    All sample collections would be conducted by seven federally 
permitted commercial fishing vessels, during the course of regular 
commercial fishing operations. There would not be observers or 
researchers onboard the participating vessels.
    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: March 30, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E5-1481 4-1-05; 8:45 am]
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