[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Pages 23245-23247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AT31


American Lobster Fishery Management

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

ACTION:  Notice of public meetings; request for comments.

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SUMMARY:  NMFS has prepared a draft environmental impact statement 
(DEIS) that identifies several proposed management actions and 
alternatives for the American lobster fishery in Federal waters. The 
management actions are based on recommendations to NMFS by the Atlantic 
States Marine Fisheries Commission (Commission) as part of the 
Commission's Interstate Fishery Management Plan for American Lobster 
(ISFMP). Two of the three proposed management measures evaluated in the 
DEIS would implement limited access programs (LAPs), limiting future 
access in two Lobster Conservation Management Areas (Areas) Area 2 and 
the Outer Cape Area based upon historical participation within the 
fishery. The third proposed measure would implement an individual 
transferable trap program (ITT) in three Areas--Area 2, Area 3, and the 
Outer Cape Area. The DEIS evaluates four ITT alternatives. NMFS has not 
selected a preferred alternative to implement the ITT program. NMFS 
will hold public meetings to receive comments on the potential 
biological, economic, and social impacts of proposed measures evaluated 
in this DEIS.

DATES:  Written comments on the DEIS must be received no later than 5 
p.m., Eastern Standard Time, on June 29, 2010. Also, verbal comments 
may be presented at public meetings which are

[[Page 23246]]

scheduled to be held in Maine, New Hampshire, Massachusetts, Rhode 
Island, New York, and New Jersey. See SUPPLEMENTARY INFORMATION for 
meeting dates, times, locations, and special accommodations.

ADDRESSES:  Written comments on the DEIS may be submitted by any one of 
the following methods:
     Electronic submissions: Submit all electronic public 
comments to the following email address: [email protected]
     Mail: Lobster Comments - Sustainable Fisheries Division, 
National Marine Fisheries Service, Northeast Region, 55 Great Republic 
Drive, Gloucester, MA 01930-2298.
     Fax: (978) 281-9117.
     Hand Delivery or Courier: Deliver comments to the above 
Mail address.
    Instructions: All comments received are part of the public record 
and will generally be available without change. All Personal 
Identifying Information (for example, name, address, etc.) voluntarily 
submitted by the commenter may be publically accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information. NMFS will accept anonymous comments. Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of the DEIS, which includes a draft environmental impact 
statement, an initial regulatory impact review, and an initial 
regulatory flexibility analysis, are available from the Sustainable 
Fisheries Division, National Marine Fisheries Service, 55 Great 
Republic Drive, Gloucester, MA 01930-2298 mark the outside of the 
envelope Lobster DEIS; fax: (978) 281-9117; email: 
[email protected]; telephone 978-675-2162. The DEIS is also 
available at the Northeast Regional Office website: http://www.nero.noaa.gov/nero/ and select menu item ``Hot News''.

FOR FURTHER INFORMATION CONTACT:  Bob Ross, NMFS, Northeast Region, 
telephone: (978) 675-2162; fax (978) 281-9117; email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS is considering several new management 
measures for the American lobster fishery in Federal waters in response 
to the Commission's recommendations in the lobster ISFMP.

Limited Access Program

    NMFS is considering implementing a limited access program to 
control fishing effort in the lobster trap fishery in the Federal 
waters of Area 2 (the management area that includes the state and 
Federal waters adjacent to southern MA and RI), and in the Outer Cape 
Area (the management area that includes the state and Federal waters 
adjacent to Cape Cod, MA). Future trap fishing access in Area 2 and the 
Outer Cape Area would be limited to only those Federal permit holders 
who can substantiate a history of trap fishing in these areas. Under 
the Commission's plan (NMFS's preferred Alternative), the eligibility 
criteria for access to these management areas would be based upon 
industry advice developed by the ISFMP's lobster conservation 
management teams, and approved by the Commission in Addenda VII and 
XIII to the ISFMP.
    In the Outer Cape Area, eligible permit holders would have to meet 
all of the following criteria:
    1. Federal lobster permit holders would be qualified to fish with 
traps under a limited access program in the Outer Cape Area based on a 
demonstration of prior trap fishing history (1999-2001) within the 
Outer Cape Area.
    2. Once qualified, individual history-based trap allocations for 
Outer Cape Area Federal lobster permit holders would be based on 
effective traps fished during 2000-2002.
    In Area 2, eligible permit holders would have to meet all of the 
following criteria:
    1. Federal lobster permit holders would be qualified to fish with 
traps under a limited access program in Area 2 based on a demonstration 
of prior trap fishing history (2001-2003) in Area 2.
    2. Once qualified, individual history-based trap allocations for 
Area 2 Federal lobster permit holders would be based on effective traps 
fished during 2001-2003.

Individual Transferable Trap Program

    This DEIS also analyzes the potential biological, social, and 
economic impacts of an individual transferable trap program for three 
lobster Areas: Area 2; the Outer Cape Area; and Area 3 (the offshore 
Area from the U.S./Canada border to Cape Hatteras, NC). The proposed 
ITT program would allow Federal lobster permit holders fishing with 
traps in Area 2, the Outer Cape Area, and Area 3, once qualified and in 
receipt of an individual history based trap allocation, to transfer 
(buy and/or sell) blocks of lobster traps to other lobstermen. By 
allowing fishers to buy and sell lobster traps, the ITT program is 
meant to provide permit holders with opportunities to enhance economic 
efficiency or respond to inadequate trap allocation by obtaining 
additional allocation from other fishers who may want to scale down 
their own business or leave the fishery. With each transfer of traps, a 
percentage of the total traps transferred, ranging from 10 to 20 
percent, would be permanently eliminated as a resource conservation 
tax. In the long run, however, the primary purpose of a transferable 
trap program is to improve the overall economic efficiency of the 
lobster industry.
    NMFS has not selected a preferred alternative to implement an ITT 
program in this DEIS. This DEIS evaluates the following four proposed 
ITT alternatives for public comment:
    1. No Action ITT Alternative - No Federal trap transfer program 
would be implemented. State-level trap transfer programs, currently in 
Area 2, and the Outer Cape Area, would continue.
    2. Commission ITT Alternative - Qualifiers in Area 2, Area 3, and 
the Outer Cape Area would be allowed to buy and sell traps subject to 
Area-specific conservation taxes and trap limits.
    3. ITT for Area 3 Only - Trap transfers would be limited to Area 3 
Federal permit holders only and would be administered by NMFS. All 
transfers would be in increments of 50 or more traps, and subject to a 
conservation tax.
    4. Optional ITT Program - Qualifiers would not be obligated to take 
part in the transferability program, but could choose to do so, subject 
to a number of additional parameters designed to make the application 
of an ITT program more uniform across Area jurisdictions.

Public Meeting Dates, Times, and Locations

    NMFS will hold six public meetings to receive comments on the 
potential biological, economic, and social impacts of proposed measures 
evaluated in this DEIS. The dates, times, and locations of the meetings 
are scheduled as follows:
    1. Monday, May 24, 2010, 3 p.m.--Gulf of Maine Research Institute, 
350 Commercial Street, Portland, ME.
    2. Tuesday, May 25, 2010, 3 p.m.--Urban Forestry Center, 45 Elwyn 
Road, Portsmouth, NH.
    3. Tuesday, June 1, 2010, 3 p.m.--Chatham Community Center, 702 
Main Street, Chatham, MA.
    4. Wednesday, June 2, 2010, 3 p.m--Narragansett Town Hall Assembly 
Room, 25 Fifth Street, Narragansett, RI.
    5. Monday, June 7, 2010, 3 p.m.--Riverhead Town Board Room at Town 
Hall, 200 Howell Ave, Riverhead, NY.
    6. Tuesday, June 8, 2010, 3 p.m.--Rutgers Cooperative Extension, 
Cape May Court House, 355 Court House/South Dennis Road (Route 657), 
Cape May Court House, NJ.

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Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Bob Ross (see FOR FURTHER 
INFORMATION CONTACT) at least 5 days prior to the meeting date.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: April 28, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-10262 Filed 4-30-10; 8:45 am]
BILLING CODE 3510-22-S