[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Proposed Rules]
[Pages 73717-73719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 051129315-5315-01; I.D. 112505A]
RIN 0648-AU07


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.

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SUMMARY: NMFS announces that it is considering, and seeking public 
comment on the implementation of further minimum carapace length 
(gauge) increases and escape vent size increases in the Federal lobster 
fishery, consistent with recommendations for Federal action in the 
Atlantic States Marine Fisheries Commission's (Commission) Interstate 
Fishery Management Plan for American Lobster (ISFMP). NMFS would issue 
these regulations according to its authority under the Atlantic Coastal 
Fisheries Cooperative Management Act (ACFCMA). While a September 2, 
2005, proposed rule considered gauge increases and escape vent size 
increases as scheduled through 2004 in Addenda II and III to Amendment 
3 of the ISFMP, the proposed rule did not address; additional gauge 
increases scheduled annually from 2005 through 2008 in Lobster 
Conservation Management Areas (LCMA) 3 and the Outer Cape Lobster 
Conservation Management Area (OCLCMA), an increase to the escape vent 
size in LCMA 3 and the OCLCMA scheduled for 2008, and an escape vent 
size increase for LCMA 1 scheduled for 2007. Accordingly, NMFS is 
seeking written public comments on these additional gauge and escape 
vent size requirements as set forth in the ISFMP and recommended for 
Federal implementation by the Commission.

DATES: Comments must be received by January 12, 2006.

ADDRESSES: Written comments should be sent to Harold Mears, Director, 
State, Federal and Constituent Programs Office, Northeast Region, NMFS, 
One Blackburn Drive, Gloucester, MA 01930. Comments may also be sent 
via e-mail to [email protected], via fax (978) 281-9117 or via the 
Federal e-Rulemaking portal at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Management 
Specialist, (978) 281-9144, fax (978) 281-9117, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Addenda II through VII are part of an overall lobster fishery 
management regime set forth in Amendment 3 to the ISFMP. The intent of 
Amendment 3, approved by the Commission in December 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. In short, Amendment 3 was 
envisioned to provide much of the framework upon which future lobster 
management - to be set forth in later addenda - would be based. In 
particular, 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 Lobster Management 
Board (Board) to meet the lobster egg production and effort reduction 
goals of the ISFMP. NMFS has the authority under the 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.
    Commission Addendum 1 to Amendment 3 focused largely on effort 
control measures. The Commission approved Addendum 1 in August 1999, 
with NMFS promulgating compatible regulations on March 27, 2003 (68 FR 
14902). 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 
began a rulemaking in response to these addenda, and most recently 
published a proposed rule on September 2, 2005 (70 FR 52346). In 
December 2003, the Board approved Addendum IV which, in part, included 
additional egg production measures. Addenda V and VI did not include 
any further measures pertinent to egg production and, therefore, are 
not included within the scope of this advance notice of proposed 
rulemaking (ANPR). Addendum VII, approved by the Board in November 
2005, facilitates effort control measures and constitutes a limited 
access program for the lobster trap fishery in the state waters of LCMA 
2 based on historical participation. In approving Addendum VII, the 
Board opted not to continue with the previously adopted schedule of 
minimum carapace length increases in LCMA 2 (Addendum III) and voted to 
maintain the minimum legal carapace length (gauge) at 3 3/8 inches 
(8.57 centimeters (cm)). This option allows the Board to adjust the 
minimum gauge size in the future pending new stock assessment results 
and changes to the plan addenda or amendments.

ISFMP Measures Already Analyzed and Proposed by NMFS

    The American lobster egg production and broodstock protection 
measures in the collective addenda include annual minimum gauge size 
increases, lobster trap escape vent size increases, maximum carapace 
size restrictions and v-notch protection. Many of these measures in the 
collective addenda were already analyzed and proposed for 
implementation by NMFS in the September 2, 2005, proposed rule. These 
include: maximum carapace length restrictions for LCMAs 4 and 5; 
mandatory v-notching of egg-bearing female lobsters in LCMA 1 and the 
portion of LCMA 3 that lies north of the 42[deg]30' N. latitude line; a 
zero tolerance definition of v-notched female lobster in LCMA 1; 
minimum gauge size increases to 3 3/8 inches (8.57 cm) in LCMAs 2, 3, 
4, 5 and the OCLCMA; and lobster trap escape vent size increases to 2 
inches X 5 3/4 inches rectangular (5.08 cm X 14.61 cm) and 2 5/8 inches 
(6.67 cm) diameter circular in LCMAs 2, 3, 4, 5 and the OCLCMA.
    Additional minimum gauge increases and escape vent size increases 
are included in the addenda but were not addressed in the September 2, 
2005, proposed rule because the entire gauge increase schedule, 
although included in the approved Commission addenda, had not actually 
occurred at the time of analysis for corresponding changes to the 
Federal rules. In other words, the

[[Page 73718]]

proposed rule moves to implement the minimum gauge size and escape vent 
size for the specified LCMAs as required through 2004 in the addenda, 
when the Federal analysis of these measures was conducted.
    Table 1 illustrates the gauge and vent size schedule set forth in 
the Commission addenda and provides the corresponding Federal actions 
that address them.



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[GRAPHIC] [TIFF OMITTED] TP13DE05.011


[[Page 73719]]



Scope of This ANPR

    The Commission's plan calls for additional management measures that 
have yet to be proposed or implemented by NMFS. These include four 
additional 1/32 inch (0.08 cm) gauge increases that would result in a 3 
1/2 inch (8.89 cm) minimum gauge size requirement for LCMA 3 and the 
OCLCMA by July 1, 2008; escape vent size increases in LCMA 3 and the 
OCLCMA to 2 1/16 inches X 5 3/4 inches rectangular (5.24 cm X 14.61 cm) 
or two circular vents at 2 11/16 inches diameter (6.83 cm) by July 1, 
2008; and an increase to the escape vent size in LCMA 1 to 2 inches X 5 
3/4 inches rectangular (5.08 cm X 14.61 cm) or two circular vents at 2 
5/8 inches (6.67 cm) in diameter by July 1, 2007. Consequently, NMFS is 
requesting comments on the need for these additional measures by way of 
this ANPR.

Other ISFMP Measures Not Considered in This ANPR

    The Commission's plan also includes escape vent and gauge increases 
in LCMA 6 (Long Island Sound). Since this area is comprised entirely of 
New York and Connecticut state waters, NMFS has no authority to 
implement measures specific to LCMA 6. However, federally permitted 
lobster vessels that have New York or Connecticut state licenses are 
bound to the most restrictive of state and Federal regulations if the 
Federal permit is endorsed for trap gear in LCMA 6.
    The Commission recently passed Addendum VII to the ISFMP that 
constitutes a limited access lobster trap qualification program based 
on historical participation. In Addendum VII, the Commission chose to 
maintain the minimum gauge size at 3 3/8 inches (8.57 cm) indefinitely. 
Therefore, the minimum gauge size for this area under the Commission's 
Plan is 3 3/8 inches (8.57 cm) and the escape vent size is 2 inches X 5 
3/4 inches (5.08 cm X 14.61 cm) rectangular or two circular vents at 2 
5/8 inches (6.67 cm) in diameter. This is consistent with the measures 
proposed for LCMA 2 in the September 2, 2005, proposed rule. Any future 
changes to the Federal regulations in LCMA 2, subject to Addendum VII, 
will be conducted in a separate rulemaking to analyze and seek public 
comment on the limited access and trap transferability measures set 
forth for LCMAs 2, 3 and the OCLCMA. NMFS published an ANPR along with 
a notice of intent in the Federal Register on May 10, 2005 (70 FR 
24995) to address these lobster fishing effort control measures.

Classification

    This ANPR has been determined to be not significant for the 
purposes of Executive Order 12866.

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

    Dated: December 7, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 05-23984 Filed 12-12-05; 8:45 am]
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