[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24646-24647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6274]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041906D]


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: This request for the continuation of an 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.

DATES: Comments on this lobster EFP notification for offshore lobster 
monitoring and data collection must be received on or before May 11, 
2006.

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.
    Continuation of this EFP, until April 30, 2007, would not involve 
the authorization of any additional trap gear in the area. A maximum of 
seven participating commercial fishing vessels will continue the non-
destructive collection of 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). Continuation of this EFP would authorize each 
participating commercial fishing vessel to continue to utilize one 
modified juvenile lobster collector trap to collect population data. 
The lobster trap modifications are to the escape vents, and trap 
entrance head. 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 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 seven vessels in the program.
    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 continuation of 
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. NMFS announces that 
the Office Director proposes to renew 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. Therefore, this document invites 
comments on the renewal of EFPs to allow a maximum of seven commercial 
fishing vessels to utilize a maximum of seven modified lobster traps 
and to collect statistical data using modified lobster trap gear.
    The American lobster fishery is the most valuable fishery in the 
northeastern United States. In 2004, approximately 75 million pounds 
(34,169 metric tons (mt)) of American lobster were landed with an ex-
vessel value of approximately 315 million dollars. American lobster 
experience very high fishing mortality rates throughout their range, 
from Canada to Cape Hatteras. 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

[[Page 24647]]

of lobsters throughout the range of the resource are necessary. The 
need for additional monitoring and detailed abundance and size 
frequency data on the offshore fishery, as proposed by this EFP, is 
critical due to the lack of consistent statistical coverage of the 
offshore lobster fishery. 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 on all lobsters retained in one 
juvenile lobster collector trap, 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 female lobsters would be returned to the 
sea as quickly as possible after data collection. Pursuant to 50 CFR 
600.745 (b)(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. Renewal of 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 monitoring and data collection 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 NMFS 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 21, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-6274 Filed 4-25-06; 8:45 am]
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