[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Notices]
[Pages 7876-7877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3643]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN32


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

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SUMMARY: This exempted fishing permit (EFP) application is a 
continuation of a collaborative project involving the University of New 
Hampshire (UNH), Durham, New Hampshire (NH); the Lobster Conservancy, 
Friendship, Maine; the New England Aquarium, Boston, Massachusetts; 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. 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 specified at 50 CFR 697.7(c)(1)(iv) for a maximum of three 
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 March 9, 
2009.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, 55 Great 
Republic 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

[[Page 7877]]

[email protected]. Include in the subject line of the e-mail 
comment the following document identifier: ``Comments - Lobster EFP 
Proposal''.

FOR FURTHER INFORMATION CONTACT: Patience Whitten, Fishery Management 
Specialist, (978) 281-9349, 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.
    The American lobster fishery is one of the most valuable fisheries 
in the northeastern United States. In 2007, approximately 75 million 
pounds (34,107 metric tons) of American lobster were landed with an ex-
vessel value of approximately 350,000 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 two 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 2007 and 2008 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 three 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 project total of 100 berried 
lobsters 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 thirteen month incubation period, with cumulative egg loss as 
high as thirty six percent. Participating vessels would collect data 
from each of the two general study areas in the vicinity of 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 three 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 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: February 17, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3643 Filed 2-19-09; 8:45 am]
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