[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66585-66586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27078]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC304


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 11 commercial 
fishing vessels from the following Federal American lobster 
regulations: (1) Gear specifications, including escape vents; (2) trap 
limits; and (3) trap tag requirements. In order to understand patterns 
of larval dispersal and settlement in the offshore Lobster Management 
Area 3 (Area 3), 11 federally permitted vessels would utilize a maximum 
combined total of 50 modified lobster traps to target juvenile American 
lobsters.
    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 November 21, 2012.

ADDRESSES: Comments on this notice may be submitted by email. The 
mailbox address for providing email comments is [email protected]. 
Include in the subject line ``Comments on AOLA Lobster EFP.'' Written 
comments should be sent to: John Bullard, 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: Maria Jacob, Environmental Technician, 
978-281-9180, [email protected].

SUPPLEMENTARY INFORMATION: This proposed project would be conducted by 
the Atlantic Offshore Lobstermen's Association (AOLA) in conjunction 
with scientists and the fishing industry. AOLA submitted a complete 
application for an EFP on September 28, 2012, to conduct commercial 
fishing activities that the regulations would otherwise restrict. This 
EFP application would exempt 11 commercial fishing vessels from the 
following Federal regulations: Gear specifications (including escape 
vents) specified under Sec.  697.21(c); 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 to analyze the extent to which 
young lobsters are present in the offshore Area 3. Some scientists 
believe that the lobster 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.
    The modified gear may include smaller wire mesh sizes, modified 
entrance heads/rings, and closed escape vents. The deployment of the 
experimental traps throughout Area 3 (statistical areas 464, 465, 561, 
562, 525, 526, 537, 613, 616, and 626) would begin shortly after the 
issuance of the EFP and is expected to continue for 1 year. AOLA would 
submit progress reports twice a year to cover the first and second half 
of the 12-month study period. The exact specification for the chosen 
design would be provided in the first progress report. Participating 
vessels would use the experimental lobster traps as part of a 
commercial lobster trap trawl deployed under routine industry 
conditions, by adding up to three of the modified traps to the trap 
trawl. Under these exemptions, each vessel would be allowed to fish up 
to 10 traps in excess of its Federal trap allocation, for no more than 
50 modified traps in the water at any given time. Modified traps would 
remain in the water for up to 12 consecutive months (365 days), being 
hauled weekly following the normal fishing schedule of the 
participating vessels. The gear would be compliant with the Atlantic 
Large Whale Take Reduction Plan.
    The research activities occurring in Area 3 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 limited scope of the exempted activity. 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, egg stage 
of female lobsters, 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, given that 50 additional traps 
is negligible in comparison to the number of traps deployed by the 
lobster commercial fishery at large.

[[Page 66586]]

    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: November 1, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-27078 Filed 11-5-12; 8:45 am]
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