[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Proposed Rules]
[Pages 24495-24497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9331]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 050329085-5085-01; I.D. 032305A]
RIN 0648-AT31


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Lobster Fishery

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

ACTION: Advance Notice of Proposed Rulemaking (ANPR), Notice of Intent 
(NOI) to combine rulemaking and prepare an Environmental Impact 
Statement (EIS); request for comments.

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SUMMARY: NMFS announces its intent to consider revisions to the Federal 
lobster regulations in response to the effort control recommendations 
of the Atlantic States Marine Fisheries Commission (Commission) in 
Addenda II, III, IV, V and VI to Amendment 3 of the Interstate Fishery 
Management Plan for American Lobster (ISFMP), and prepare an EIS to 
assess the impact on the human environment of controlling fishing 
effort in the American lobster fishery, in the U.S. Exclusive Economic 
Zone (EEZ). Written comments are requested from the public regarding 
issues that NMFS should address in this EIS relative to fishing effort 
reduction measures as proposed in Addenda II through VI.

DATES: Written comments must be received no later than 5 p.m. Eastern 
Standard Time on or before June 9, 2005.

ADDRESSES: Written comments should be sent to Harold C. Mears, 
Director, State, Federal, and Constituent Programs Office, Northeast 
Region, NMFS, One Blackburn Drive, Gloucester, MA 01930. Comments may 
also be sent via email at [email protected] , via fax (978) 281-

[[Page 24496]]

9117, or via the Federal e-Rulemaking Portal at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Thomas Fletcher, (978) 281-9349, fax 
(978) 281-9117, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Commission proposed a wide range of 
measures in Addenda II through VI, such as transferable trap programs, 
that aim to control lobster fishing effort. Because the effort control 
measures contain similar interrelated elements and might involve the 
creation of a single management program, these measures lend themselves 
to a single rulemaking and analysis. Although Addenda II and III have 
effort control elements, those addenda principally relate to broodstock 
protective measures, and the effort control measures are presented in 
less detail. The Commission's Addenda IV, V, and VI recommendations, 
however, principally involve effort control measures and more robustly 
present effort control measures. Accordingly, NMFS proposes to combine 
measures from all five addenda that control fishing effort for the 
American Lobster into one rulemaking and a single environmental impacts 
analysis.
    This action augments an earlier ANPR and NOI (67 FR 56800) that 
NMFS published on September 5, 2002, in response to the Commission's 
recommendation that NMFS implement regulations in the EEZ that are 
compatible with Addenda II and III to Amendment 3 of the ISFMP. That 
earlier document explains NMFS' intention to solicit written comments 
and inform the public of the development of an EIS relative to Addenda 
II and III. In addition, that earlier document further stated NMFS' 
intention to combine the Addendum II and Addendum III rulemakings 
because the addenda involved similar subject matter - namely management 
measures designed to increase egg production and protect broodstock. 
Those measures included: a series of minimum gauge size increases 
(increases to the minimum legal length of the carapace, defined as the 
unsegmented body shell of the American lobster), and an increase in the 
minimum escape vent size of lobster trap gear fished in the following 
state and Federal waters of Lobster Conservation Management Area 2 
(Area 2) (inshore Southern New England), Area 3 (offshore area, 
comprised entirely of Federal waters), Area 4 (nearshore Northern Mid-
Atlantic), Area 5 (nearshore Southern Mid-Atlantic), and the Outer Cape 
Area (nearshore waters east of Cape Cod); a maximum gauge increase in 
Areas 4 and 5; a boundary change between Areas 3 and 5; and amending 
the timeline to end overfishing. The effects of these broodstock 
measures will be analyzed in a forthcoming environmental assessment.
    Although designed principally as broodstock protection plans, 
Addenda II and III contain other management measures aimed at reducing 
fishing effort in the American lobster fishery. These measures are set 
forth in greater detail and relate to different lobster management 
areas in the subsequently developed Addenda IV, V and VI.

Background

    The following is a summary of effort control measures approved by 
the Commission and recommended for Federal rulemaking.
    Addenda II through VI are part of an overall management regime set 
forth in Amendment 3 to the ISFMP. The intent of Amendment 3, approved 
by the Commission in December of 1997, is to achieve a healthy American 
lobster resource and to develop a management regime that provides for 
sustained harvest, maintains opportunities for participation, and 
provides for the cooperative development of conservation measures by 
all stakeholders. Amendment 3 employed a participatory management 
approach by creating the seven lobster management areas, each with its 
own lobster conservation management team (LCMT) comprised of industry 
members.
    Amendment 3 tasked the LCMTs with providing recommendations for 
area-specific management measures to the Commission's American Lobster 
Management Board (Board) to meet the lobster egg production and effort 
reduction goals of the ISFMP. Certain effort reduction measures of the 
area plans were approved by the Board in August of 1999 as part of 
Addendum I to Amendment 3 (Addendum I). After technical evaluation, the 
Board approved the egg production measures as Addenda II and III in 
February 2001, and February 2002, respectively, and recommended that 
NMFS implement complementary Federal regulations. NMFS has the 
authority under the Atlantic Coastal Fisheries Cooperative Management 
Act (ACFCMA) to implement regulations in Federal waters that are 
compatible with the effective implementation of the ISFMP and 
consistent with the National Standards of the Magnuson-Stevens Fishery 
Conservation and Management Act. These Federal regulations are 
promulgated pursuant to the ACFCMA and are codified at 50 CFR part 697.
    A brief outline of lobster effort control measures in Addenda II 
through VI are summarized in the following sections.

Addendum II Summary

    Addendum II, approved on February 1, 2001, updated the lobster egg 
production rebuilding schedule and reconvened the LCMTs to develop 
recommendations for area management based on the stock assessment 
completed in 2000. The measure that addresses effort control is the 
following:
Trap Reduction Schedule for Areas 3, 4, and 5
    In Addendum I, the Commission implemented a plan that limited 
fishing access to Areas 3, 4 and 5, allocated traps to qualifiers and 
capped the number of traps that can be fished. Addendum II established 
a timeline for additional trap reductions for qualified permit holders 
in Area 3. Each trap allocation in Area 3, that exceeds 1,200 traps, 
would be reduced on a sliding scale over four years, with reductions 
not going below a baseline of 1,200 traps. Allocations of less than 
1,200 traps would remain at their initial qualifying level. This 
measure was implemented by Federal rulemaking dated March 27, 2003, (68 
FR 14902).

Addendum III Summary

    Addendum III, approved February 20, 2002, was developed in response 
to an Addendum II requirement whereby each LCMT was asked to review the 
revised egg rebuilding schedule and area management plan and present 
the Board with alternative measures that are intended to achieve the 
stock rebuilding targets. Measures that address lobster effort control 
include:
Trap Reduction in the Outer Cape Area
    In Addendum III, the Commission proposed limiting fishing access to 
the Outer Cape Area, allocating traps to qualifiers and then reducing 
the numbers allocated, and allowing traps to be transferred among those 
permit holders who qualify for access. Beginning in 2002 and extending 
through 2008, a 20-percent reduction in trap allocations was proposed 
for the Outer Cape Area. These trap allocations may be transferred 
among Outer Cape lobster fishers to allow an individual business to 
build up or down within the maximum allowable 800 trap limit. Any trap 
transfer invokes a 10-percent trap reduction or ``conservation tax'' on 
the number of traps involved in the transfer. An additional 5-percent 
reduction, per year, in trap allocations may be employed in 2006 and 
2007, if

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necessary, to meet lobster egg production goals and objectives.
Choose and Use in Area 3
    The Commission in Addendum III approved a management measure 
specific to Area 3 entitled ``Choose and Use''. Currently, Federal 
permit holders are allowed to elect which Area(s) they intend to fish 
on an annual basis. However, Choose and Use would obligate Area 3 
permit holders to designate (i.e. ``choose'') Area 3 on their Federal 
permits when renewing Federal permits each year. If a permit holder did 
not choose Area 3, then that permit holder would be prohibited from 
designating Area 3 on the vessel permit in future years. The permit 
would still retain its Area 3 qualification, and each successive owner 
would be given the opportunity to either permanently designate Area 3 
or drop the Area 3 designation for the duration of possession of the 
qualified permit.

Addendum IV Summary

    Addendum IV, approved December 17, 2003, addresses four issues: an 
effort reduction proposal from the Area 3 LCMT; broodstock and effort 
control measures in Area 2; new information about escape vent 
selectivity; and a change to the interpretation of the most restrictive 
rule. Measures that address effort control include:
Trap Reduction in Area 3
    Addendum IV includes a plan to increase trap reductions by 10-
percent (5-percent in each year for 2007 and 2008) for all qualified 
Area 3 permit holders.
Trap Transferability and Passive Reduction in Area 3
    The Area 3 transferable trap plan includes measures that would 
allow transfers of trap allocations among qualified Area 3 permit 
holders. These measures include: trap transfer minimums, an anti-
monopoly clause, and a 10-percent trap reduction or ``conservation 
tax'' on any trap transfers.

Changes to the Most Restrictive Rule

    In Amendment 3, the ISFMP for American lobster required multiple 
area fishermen to comply with the most restrictive management measures 
of all areas fished including the smallest number of traps allocated to 
them for each of the areas fished. The original intention of the most 
restrictive rule was to allow multi-area fishermen to continue to fish 
in the areas that they historically have fished in while maintaining 
the conservation benefits unique to each area. With the implementation 
of Amendment 3, permit holders in all areas were restricted to a 
maximum of 800 to 1,800 traps; however, qualification for historic 
participation in several areas resulted in individual area-specific 
trap allocations that vary from the initial fixed trap limits in 
Amendment
    3. An unintended consequence of this rule limited multi-area 
fishermen to the lowest number of traps they have been allocated in any 
Area.

Effort Control in Area 2

    The Commission approved an effort control plan developed by the 
Area 2 LCMT that proposed limiting fishing access to Area 2, allocating 
traps to qualifiers, allowing traps to be transferred among qualifiers, 
and a passive trap reduction or ``conservation tax'' on any trap 
transfers. Due to implementation concerns identified by the impacted 
regulatory agencies, the effort control components of the Area 2 plan 
were withdrawn in Addendum VI in February 2005, and will be amended in 
a forthcoming Addendum.

Addendum V Summary

    Addendum V, approved March 2004, was initiated to address one 
particular aspect of the Area 3 trap transferability program approved 
in Addendum IV: a new proposal that reduced the overall trap cap from 
2,600 to 2,200, with a higher passive reduction or ``conservation tax'' 
imposed when the purchaser owns 1,800 to 2,200 traps rather than 2,200 
to 2,600 traps.
    Measures that address effort reduction include:
Total Trap Cap and Conservation Tax
    A conservation tax (passive reduction) of 10-percent would be 
assessed for each transfer that equates to a purchaser owning up to 
1,800 traps. For all transfers where the transfer of traps results in a 
permit exceeding 1,800 traps, those traps over 1,800 would be taxed at 
50-percent, up to the total trap cap of 2,200. This measure would be 
applicable to Area 3 permit holders only.

Addendum VI Summary

    Addendum VI withdrew the Addendum IV effort control plan for Area 2 
except for two points; a prohibition on issuance of any new lobster 
permits for Area 2 and the eligibility period for participation in the 
fishery. It also directs all jurisdictions with Area 2 permit holders 
and the Area 2 LCMT to develop a new effort control plan, which caps 
effort at or near current levels with the potential to adjust the 
levels based on the outcome of the upcoming stock assessment.

Classification

    This ANPR has been determined to be significant for the purposes of 
Executive Order 12866.

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

    Dated: May 5, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 05-9331 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-22-S