[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19748-19749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8451]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA312


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
General Provisions for Domestic Fisheries; Application for Exempted 
Fishing Permits

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

ACTION: Notice; request for comments.

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SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), 
has made a preliminary determination that an Exempted Fishing Permit 
(EFP) application contains all of the required information and warrants 
further consideration. This EFP application would exempt commercial 
fishing vessels from the following Federal American lobster 
regulations: (1) Gear specifications (including escape vents, ghost 
panel and maximum trap size; (2) trap limits; and (3) trap tags to 
allow 11 Federally permitted vessels to utilize a combined total of 35 
modified lobster traps to catch juvenile lobsters, (30-50 mm carapace 
length), throughout lobster management area 3 (Area 3), in an attempt 
to understand patterns of larval dispersal and settlement. This 
proposed project would be conducted by the Atlantic Offshore Lobster 
Association (AOLA) in conjunction with scientists and the fishing 
industry.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed EFPs.

DATES: Comments must be received on or before April 25, 2011.

ADDRESSES: Comments on this notice may be submitted by e-mail. The 
mailbox address for providing e-mail comments is [email protected]. 
Include in the subject line ``Comments on AOLA Lobster EFP.'' Written 
comments should be sent to Patricia A. Kurkul, Regional Administrator, 
NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Comments on AOLA Lobster 
EFP.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Carol Sh[eacute], Fishery Policy 
Analyst, 978-282-8464, [email protected].

SUPPLEMENTARY INFORMATION: AOLA submitted a complete application for an 
EFP on March 11, 2011, to conduct commercial fishing activities that 
the regulations would otherwise restrict. This EFP application would 
exempt commercial fishing vessels from the following Federal 
regulations: gear specifications (including escape vents, ghost panel 
and maximum trap size) specified under 50 CFR 697.21(c)(4), 697.21(d) 
and 697.21(e)(2)(ii); trap limits specified under Sec.  697.19(b)(5); 
and trap tags specified under Sec.  697.19(f). The EFP would authorize 
11 Federally permitted vessels to be exempted from parts of the Federal 
lobster regulations to allow the participating vessels to fish modified 
lobster traps, exceed trap limits, and deploy the modified traps 
without trap tags in an attempt to formalize the anecdotal presence of 
young lobsters. Some lobster scientists believe that larvae will only 
survive in the inshore fishery due to the depths and available light, 
and that there are no small lobsters offshore; however, data resulting 
from this project are intended to determine whether there are new 
lobster nursery grounds offshore.
    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. AOLA will work in conjunction 
with scientists and the fishing industry to build and test various trap 
modifications to determine the optimal design for use in offshore 
waters. The modified gear may exceed the Federal maximum trap size 
restrictions, include smaller wire mesh sizes, modified entrance heads/
rings, closed or modified escape vents, and cobble acting as shelter 
material. The deployment of the experimental traps throughout lobster 
management area 3 (Area 3) statistical areas 464, 522, 561, 562, 525, 
526, 533, 537, 613, 616, and 622, would begin in April 2011 and extend 
through August 2012. AOLA would submit progress reports in December 
2011 and September 2012, since the project would exceed 1 year. 
Participating vessels would include between one and three experimental 
lobster traps as part of a commercial lobster trap trawl deployed under 
routine industry conditions. Modified traps would remain in the water 
for up to 6 consecutive months (182 days), being hauled approximately 
weekly

[[Page 19749]]

following the normal fishing schedule of the participating vessels. The 
gear would be compliant with the Atlantic Large Whale Take Reduction 
Plan; therefore, impacts to protected resources would be negligible. 
Subsequently, AOLA will provide data necessary to assist in better 
future management of the lobster fishery.
    The activities occurring in Area 3 statistical areas are not 
anticipated to have any more environmental impacts than those already 
occurring as part of a commercial lobster trap trawl deployed under 
usual industry conditions. Impacts to the lobster resource would be 
negligible. Given the small mesh and entrance heads, the modified gear 
is not expected to catch legal lobsters. Any sublegal lobsters caught 
would briefly be retained onboard only for the purposes of recording 
their size, sex, and presence of shell disease, before being promptly 
released back into the ocean. There should be minimal impact to bycatch 
species due to the use of small mesh and small entrance heads and, in 
addition, all bycatch species hauled from modified gear would be 
returned promptly to the ocean. Likewise, there would not be 
significant impacts on benthic habitats. As the gear would be compliant 
with the Atlantic Large Whale Take Reduction Plan and would be deployed 
under usual industry conditions, impacts to protected resources would 
be negligible.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.

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

    Dated: April 4, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-8451 Filed 4-7-11; 8:45 am]
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