[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31291-31292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10765]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA62


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

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

ACTION: Notification of a request to conduct experimental fishing; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: This exempted fishing permit (EFP) application is a 
continuation of a collaborative project involving the University of New 
Hampshire (UNH), Durham, NH; the Lobster Conservancy, Friendship, 
Maine; the New England Aquarium, Boston, MA; and the Atlantic Offshore 
Lobstermen's Association, Candia, NH. The EFP proposes to continue 
monitoring legal sized egg bearing female lobsters (berried lobsters) 
carrying early-stage eggs. The continuation of this project will allow 
participating Federal lobster permit holders, fishing in designated 
study areas, to preserve a maximum of ten eggs from each berried 
lobster captured in commercial lobster gear, to allow researchers to 
determine what percentage of eggs are fertilized, and estimate the egg 
developmental stage and time to maturity. The berried lobsters will 
then be released unharmed. This project would not involve the 
authorization of any additional trap gear, and all trap gear would 
conform to existing Federal lobster regulations. There would be no 
anticipated adverse effects on protected resources or habitat as a 
result of this research. The EFP would waive the prohibition on removal 
of eggs for a maximum of 13 participating vessels. 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. NMFS 
announces that the Office Director proposes to issue EFPs and, 
therefore, invites comments on the issuance of EFPs for this research.

DATES: Comments on this lobster EFP notification for berried lobster 
monitoring and data collection must be received on or before June 21, 
2007.

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, or by e-mail to 
[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:

[[Page 31292]]

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 one of the most valuable fisheries 
in the northeastern United States. In 2005, approximately 87 million 
pounds (39,712 metric tons) of American lobster were landed with an ex-
vessel value of approximately 414 million dollars. 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.
    American lobster experience very high fishing mortality rates 
throughout their range, from Canada to Cape Hatteras, North Carolina. 
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. To facilitate the development of 
effective management tools, extensive monitoring and detailed data on 
the biology and composition of lobsters throughout the range of the 
resource are necessary. To facilitate effective management, this 
proposed EFP would monitor egg growth and development of berried 
lobsters in three study areas using traditional lobster trap gear.

Proposed EFP

    The EFP proposes to continue the collection of statistical and 
scientific information as part of a project, originally announced in 
the Federal Register on October 21, 2004 (69 FR 19165), that is 
designed to monitor berried lobsters to collect data that will assist 
in the assessment of the lobster resource and in the development of 
management practices appropriate to the fishery. Previous data 
collected in 2005 and 2006 from tagged berried lobsters that were 
monitored for egg-development stages, indicated a percentage of berried 
females are carrying eggs that are not fertilized. This continuation of 
the research will focus on quantifying fertilization success, and 
monitor egg growth and development.
    Each of the maximum of 13 commercial fishing vessels in possession 
of Federal lobster permits involved in this monitoring and data 
collection program would collect a maximum of ten eggs from each 
berried lobster harvested, up to a maximum of 50 berried lobster per 
vessel, using traditional lobster trap gear. Removal of a maximum of 
ten eggs from each berried lobster should have no impact on the health 
or survival of the lobsters, since lobsters typically experience 
significantly greater rates of daily egg loss throughout their 13-month 
incubation period, with cumulative egg loss as high as 36 percent. 
Participating vessels would collect data from each of the three general 
study areas in the vicinity of Portsmouth, NH, the northern edge of 
Georges Bank, and in the vicinity of Veatch and Hydrographer Canyons 
along the southern edge of Georges Bank. The participating vessels may 
retain on deck egg bearing female lobsters, in addition to legal 
lobsters, for the purpose of collecting a maximum of ten eggs from each 
berried lobster to allow researchers to determine what percentage of 
eggs are fertilized, and to estimate the egg developmental stage, and 
time to maturity. All berried 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 project would not involve the authorization of any additional 
lobster trap gear. All traps fished by the participating vessels would 
comply with all applicable lobster regulations specified at 50 CFR part 
697. To allow for the removal of a maximum of ten eggs from each 
berried lobster, the EFP would waive the American lobster prohibition 
on removal of eggs specified at 50 CFR 697.7(c)(1)(iv). All sample 
collections would be conducted by a maximum of 13 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 UNH 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: May 31, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-10765 Filed 6-5-07; 8:45 am]
BILLING CODE 3510-22-S