[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Proposed Rules]
[Pages 43785-43786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18096]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 190816-0015]
RIN 0648-BJ10


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Lobster Fishery; Control Date for Lobster Conservation 
Management Areas

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces a 
control date that may be used for potential changes to the lobster 
management program. This action is necessary to inform American lobster 
permit holders and any potential new entrants that future participation 
and eligibility may be affected by past participation, documentation of 
landings, effort, and/or gear configuration prior to the control date. 
The control date is intended to promote awareness of possible 
rulemaking and notify the public that actions taken after the control 
date may not be recognized in the future.

DATES: We must receive written comments on or before September 23, 
2019.

ADDRESSES: You may submit comments on this document, identified by 
[NOAA-NMFS-2019-0095] by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to [NOAA-NMFS-2019-
0095], click the ``Comment Now!'' icon, complete the required fields, 
and enter or attach your comments.
    [ssquf] Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Lobster Control Date.''
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. We may not consider comments sent by any other 
method, to any other address or individual, or

[[Page 43786]]

received after the end of the comment period. All comments received are 
a part of the public record and will generally be posted for public 
viewing on www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous). We accept attachments to electronic comments 
only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS works cooperatively with the states to conserve the American 
lobster resource within the framework of the Atlantic States Marine 
Fisheries Commission's Interstate Fishery Management Plan for American 
Lobster (ISFMP). Through the ISFMP, the Commission adopts fishery 
conservation and management strategies for the American lobster 
resource and coordinates the efforts of the states and NMFS to 
implement these strategies.
    To carry out Congressionally-mandated responsibilities under the 
Endangered Species Act and Marine Mammal Protection Act (MMPA), NMFS 
convened the Atlantic Large Whale Take Reduction Team (TRT) during the 
last week of April 2019. The TRT is composed of representatives from 
state and Federal fishery agencies, conservation groups, researchers, 
and the fishing industry, including the lobster industry. As required 
under the MMPA, the TRT is tasked with recommending management measures 
to reduce the risk of serious injury and entanglement of endangered 
whales in fishing gear. At the meeting, the New England states and the 
offshore lobster industry committed to reducing the risk of serious 
injury and mortality from lobster gear to North Atlantic right whales 
by 60 percent in all lobster management areas. The specific measures to 
achieve this goal are not yet finalized, but will focus on reducing the 
number, and lowering the breaking strength of, vertical lines used in 
the lobster trap fishery.
    Following the outcome of the TRT meeting, the Commission met and 
voted to establish a control date of April 29, 2019, to notify American 
lobster permit holders and any potential new entrants that future 
participation and eligibility may be affected by past participation, 
documentation of landings, effort, and/or gear configuration prior to 
the control date. Participation in the fishery after the control date 
may not be treated the same as participation before the control date. 
NMFS will use April 29, 2019, as a control date for the same reasons 
outlined by the Commission. In the coming months, NMFS will be working 
with the states and the industry to develop more specific management 
measures to achieve the goals recommended by the TRT. Should the 
Commission take additional action, NMFS will consider complementary 
action pursuant to the Atlantic Coastal Fisheries Cooperative 
Management Act and the Magnuson-Stevens Fishery Conservation and 
Management Act.
    This notification and control date do not impose any legal 
obligations, requirements, or expectation.

    Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.

    Dated: August 19, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2019-18096 Filed 8-21-19; 8:45 am]
 BILLING CODE 3510-22-P