[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Rules and Regulations]
[Pages 61569-61582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24429]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 191023-0070]
RIN 0648-BF43


Fisheries of the Northeastern United States; Jonah Crab Fishery; 
Interstate Fishery Management Plan for Jonah Crab

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

ACTION: Final rule.

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SUMMARY: We, the National Marine Fisheries Service, are implementing 
regulations for the Jonah crab fishery in Federal waters based on 
Atlantic States Marine Fisheries Commission recommendations. This 
action is necessary to enact measures that provide stock protections to 
a previously unmanaged fishery. The action is intended to ensure 
compatibility between state and Federal Jonah crab management measures, 
consistent with the Commission's Interstate Fishery Management Plan for 
Jonah Crab and the intent of the Atlantic Coastal Fisheries Cooperative 
Management Act.

DATES: This rule is effective December 12, 2019.

ADDRESSES: You may request copies of the Final Environmental Impact 
Statement (FEIS), including the Regulatory Impact Review (RIR) and the 
Initial Regulatory Flexibility Analysis (IRFA), or the Record of 
Decision (ROD) prepared for this action at: National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930-2276 or by 
calling (978) 281-9315.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: 

Background

    Under its process for managing species that are managed by both the 
states and NMFS, the Atlantic States Marine Fisheries Commission makes 
a management decision, and then recommends that the Federal government 
enact regulations to complement these measures when appropriate. The 
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 
et seq.) directs the Federal government to support the management 
efforts of the Commission and, to the extent the Federal government 
seeks to regulate a Commission species, to develop regulations that are 
compatible with the Commission's Interstate Fishery Management Plan and 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act's National Standards.
    Historically, Jonah crabs (Cancer borealis) have been harvested as 
an incidental catch in the American lobster trap fishery. Lobster 
harvesters did not target Jonah crabs but sometimes retained and sold 
crabs caught while lobster fishing. Eventually, the Jonah crab market 
expanded, and lobster harvesters began modifying fishing practices to 
target Jonah crabs. Landings have dramatically increased from nearly 3 
million lb (1,361 mt) in 1994 to a high of over 17 million lb (7,711 
mt) in 2015.
    The Commission initiated management of Jonah crab out of concern 
for its future sustainability. Fishery managers became concerned by the 
rapid increase in Jonah crab landings, particularly because the impacts 
of the significantly increased fishing pressure are not clear. There is 
no stock assessment for Jonah crab and no biological reference points, 
so we do not know whether the stock is overfished or if overfishing is 
occurring. Managers fear that if overfishing does occur, that it could 
continue unabated, because the only regulatory protections for Jonah 
crabs are imposed by lobster fishery regulations. At present, the Jonah 
crab fishery is unregulated in Federal waters; any unpermitted vessel 
can fish for any amount of crabs, with unlimited amounts of gear. Prior 
to development of the Commission's Jonah Crab Plan, some states 
attempted to

[[Page 61570]]

implement some control over state Jonah crab harvesters (e.g., limiting 
Jonah crab harvest to those with a valid lobster permit), but these 
regulations were often inconsistent between the states. The market 
provided some additional stock protection. Only crabs above a 5-inch 
(12.7-cm) carapace length were marketable and, thus, crabs with a 
smaller carapace width were not harvested and returned to the sea.
    The Commission's American Lobster Management Board manages the 
Jonah crab fishery because of the link between the lobster and Jonah 
crab fisheries. The Commission approved an Interstate Fishery 
Management Plan for Jonah Crab in August 2015, following its public 
process for review and approval of management actions. The goal of the 
Commission's Jonah Crab Plan is ``to promote conservation, reduce the 
possibility of recruitment failure, and allow the full utilization of 
the resource by the industry.'' In general, the plan attempted to 
maintain the fishery as it existed prior to approval of the plan in 
2015 and cap fishing effort at the 2015 levels. For example, this 
involved establishing a fishery that was limited to and prosecuted by 
lobster trap harvesters. Shortly after the Commission approved the 
plan, the Commission initiated and approved Addenda I and II, refining 
incidental catch limits and claw-only measures. These documents are 
available on the Commission's website at: http://www.asmfc.org/species/jonah-crab. The Commission formally recommended that the Secretary of 
Commerce implement complementary Federal measures to the Jonah Crab 
Plan on September 8, 2015. The Commission amended the Jonah Crab Plan 
to include additional measures and the Secretary to include those 
additional measures as part of the Federal rulemaking process on 
February 8, 2017.

Approved Measures

    This rule approves the following measures (Table 1) which are 
consistent with the Commission's recommendations in the Jonah Crab Plan 
and its addenda. Measures are discussed in greater detail below.
[GRAPHIC] [TIFF OMITTED] TR13NO19.002

Commercial Measures

1. Permitting

    Only vessels with Federal lobster permits can fish for and harvest 
Jonah crab. As a result, there is no need to separately qualify or 
issue a Jonah crab-specific permit. Tying Jonah crab access to the 
lobster permits allows managers to take advantage of existing lobster 
regulations to protect Jonah crabs particularly because the Jonah crab 
fishery has historically been prosecuted by lobster permit holders 
using lobster traps. The Jonah crab fishery will have trap limits and 
gear configuration requirements because the pots used are considered 
lobster traps under our regulations at 50 CFR 697.2 and subject to all 
the restrictions required by our lobster regulations set forth in 50 
CFR part 697.
    This action is not expected to prevent historical Jonah crab 
harvesters from Jonah crab fishing in the future. Analysis of Federal 
and state harvest data completed during development of the Commission's 
plan identified that all Jonah crab trap harvesters held an American 
lobster permit. In multiple advance notices of proposed rulemaking (80 
FR 31347, June 2, 2015; 81 FR 70658, October 13, 2016), we requested 
information to identify any Jonah crab harvesters that did not hold a 
lobster permit, which would inform our proposal to link Jonah crab 
harvest to the existing lobster permit structure. We received no 
comments in response to these notices identifying Jonah crab harvesters 
that did not have a lobster permit. Since that time, one state has 
identified Jonah crab-only harvesters in state waters, and there is no 
evidence that these Jonah crab-only harvesters participated in the 
fishery in federal waters. We concluded that linking Jonah crab harvest 
to the existing American lobster permitting structure is appropriate.
    Commercial non-trap lobster permit holders may land an incidental 
amount of Jonah crabs (meeting both the incidental limit and incidental 
definition, discussed below) (see Table 1). As with trap harvesters, 
non-trap harvesters must comply with all applicable lobster 
regulations.
    Charter/party-permitted vessels and recreational anglers may 
possess Jonah crabs but must comply with the recreational requirements 
(see Table 1). Finally, recreational anglers may not set trap gear.

2. Minimum Size

    We are implementing a minimum carapace width size of 4\3/4\ inches 
(12.065 cm). The purpose of a minimum size restriction is to protect 
crabs until they mature and have an opportunity to reproduce. This size 
restriction should

[[Page 61571]]

have a negligible impact on the fishing industry because Jonah crabs 
smaller than 4\3/4\ inches (12.065 cm) have not been traditionally 
marketable and therefore, were not harvested. The Commission's Jonah 
Crab Plan Development Team (PDT) attempted to identify Jonah crab size 
at maturity and found that, ``data suggests that both sexes reach near 
100 percent maturity by 3 35/64 inches (9.0 cm).'' We are implementing 
the Commission-recommended minimum carapace width because it has 
biological benefits (i.e., ensures that the majority of crabs have the 
opportunity to reproduce) and is enforceable. Approving the same size 
restrictions in this action ensures consistent size restrictions in 
state and Federal waters.

3. Broodstock Protection

    We are approving a prohibition on retaining egg-bearing female 
Jonah crabs. Approving this prohibition helps to align state and 
Federal regulations. We are also prohibiting the removal of eggs from 
an egg-bearing female Jonah crab. While not specifically considered by 
the Commission, this measure complements the Jonah Crab Plan by closing 
a potential enforcement loophole which could allow a harvester to 
circumvent the prohibition of possessing egg-bearing female Jonah crabs 
by removing the eggs. Finally, this prohibition has been an important 
and effective element of our lobster regulations, and therefore we 
think it is important to include a similar provision for Jonah crabs.

4. Incidental Catch Limit

    We are implementing an incidental catch limit of up to 1,000 crabs 
per trip for commercial non-trap lobster permit holders, as recommended 
in Addendum I. The Commission originally approved an incidental catch 
limit of up to 200 crabs per day and up to 500 crabs per trip which 
largely mirrored the lobster incidental catch limit. The PDT reviewed 
available catch information and determined that the original Jonah Crab 
Plan limit would have restricted some past trips which landed more than 
200 crabs per day or 500 crabs per trip. The PDT determined that a 
limit of 1,000 crabs per trip would cover the majority of past landings 
from non-trap gear.
    Because of the PDT's findings, the Commission revised the Plan's 
incidental catch limit of up to 1,000 crabs per trip for both non-trap 
gear and non-lobster trap gear as part of Addendum I. Our catch data 
corroborate the Commission's basis for revising the incidental catch 
limit as only three trips between 2010 and 2014 landed more than 900 lb 
(408.2 kg). Therefore, a Federal incidental catch of up to 1,000 crabs 
provides consistency between Federal and state regulations.

5. Incidental Catch Definition

    We are implementing a requirement that Jonah crabs cannot comprise 
more than 50 percent, by weight, of all species kept onboard a 
commercial non-trap permitted vessel. This is a second requirement 
governing the incidental possession of Jonah crabs that complements the 
maximum incidental catch limit of 1,000 crabs per trip. To further 
ensure that the incidental catch of Jonah crabs does not expand into a 
targeted fishery, the Commission developed and approved an incidental 
catch definition (called a ``bycatch definition'') as part of Addendum 
II.
    Percentage-based incidental catch caps have been used in other 
regionally managed fisheries and are enforceable. Therefore, consistent 
with the Commission's recommendation and to complement state measures 
already in effect, we are approving a requirement that, in addition to 
the incidental catch limit, Jonah crabs cannot comprise more than 50 
percent, by weight, of all species kept onboard a vessel.

6. Mandatory Dealer Reporting

    We are approving a dealer-permitting requirement and a mandatory 
dealer-reporting requirement for any dealer purchasing Jonah crabs from 
federally permitted vessels, consistent with all other regionally 
managed species.
    The Commission did not explicitly discuss a permitting program for 
dealers purchasing Jonah crabs. Permitting is necessary to successfully 
implement a mandatory dealer-reporting program. Therefore, we are 
approving a requirement that a dealer obtain a Federal Jonah crab 
dealer permit if that dealer wishes to purchase Jonah crabs from a 
federally permitted lobster permit holder. Due to the overlap of Jonah 
crab and lobster harvest, our analysis shows that the vast majority of 
dealers currently purchasing Jonah crabs already have Federal dealer 
permits due to the other species purchased, specifically lobster. 
Requesting an additional fishery in the annual renewal application is 
not expected to add any additional burden to an applicant. Dealers may 
begin requesting this permit once the rule is effective. It will be 
issued and begin being enforced on January 1, 2020.
    We are also requiring that all federally permitted Jonah crab 
dealers submit dealer reports electronically, on a weekly basis, 
consistent with dealer reporting requirements for all other regionally 
managed commercial fisheries, including lobster. The Jonah Crab Plan 
specified information to be collected in dealer reports. We are 
approving the collection of the Commission's recommended information. 
We will require the same information currently required in other 
fisheries, as well as some additional information. These requirements 
include: Dealer name; dealer permit number; name and permit number or 
name and hull number (U.S. Coast Guard documentation number or state 
registration number, whichever is applicable) of the vessel from which 
fish are purchased; trip identifier (vessel trip report identification 
number for vessels with mandatory vessel trip reporting requirement); 
date of purchase; units of measure and amount by species (by market 
category, if applicable); price per unit by species (by market 
category, if applicable) or total value by species (by market category, 
if applicable); port landed; disposition of the seafood product; and 
any other information deemed necessary by the Regional Administrator. 
Finally, to facilitate reporting of all market categories, we are 
adding additional species market codes to the dealer report, which will 
help more accurately assess Jonah crab landings. While this dealer 
permitting and reporting program is more expansive than what is 
specified in the Jonah Crab Plan, it is consistent with the 
Commission's intent and will ensure consistency with the dealer 
reporting requirements for other federally managed fisheries.

Recreational Measures

1. Broodstock Protection

    We are approving a prohibition on retaining egg-bearing female 
Jonah crabs in the recreational fishery, consistent with the 
Commission's recommendation. Development of this measure occurred in 
parallel to broodstock protection measures for the commercial fishery. 
For more background, please see Broodstock Protection under the 
Commercial Measures heading above.

2. Recreational Catch Limit

    We are approving a recreational Jonah crab harvest limit of 50 
whole crabs per person, per day. Consistent with the Commission's 
recommendation and to complement state measures already in effect, we 
are implementing a recreational catch limit of 50 whole crabs per 
person, per day. Consistent with the regulations for recreational 
harvest of American lobster, non-trap

[[Page 61572]]

gear must be used to harvest Jonah crab recreationally, including 
diving, charter/party trips, and personal angling. While little 
information exists on the recreational fishery, this limit balances 
recreational access to the fishery while restricting future expansion.

Other Measures Considered by the Commission but Not Implemented

1. Landing Disposition Requirements (i.e., Whole Crab vs. Claw Only 
Fishery)

    We are not imposing a landing disposition requirement at this time. 
Landing disposition requirements, like the incidental landing limit, 
evolved during the development of the Jonah Crab Plan and its addenda. 
In a first attempt to capture regional harvesting differences in the 
Jonah Crab Plan, the Commission approved a whole crab fishery with an 
exemption for individuals who could prove a history of claw landings 
before the June 2, 2015, control date in the states of New Jersey, 
Delaware, Maryland, and Virginia. During the development of the Jonah 
Crab Plan, we advocated for a whole-crab fishery due to biological, 
enforcement, and for better coastwide management consistency.
    The Commission reconsidered its claw fishery requirements as part 
of Addendum II. This effort included a thorough investigation of state 
and Federal landings data in an attempt to determine the extent of 
Jonah crab claw landings. The Jonah Crab PDT developed a range of 
potential management measures, including: (1) Status quo (a whole crab 
fishery with an exemption for southern states); (2) a whole crab 
fishery coastwide; and (3) a coastwide regulated claw fishery. 
Incidental volumetric measure claw limits such as a maximum of one 5-
gallon (18.93 L) bucket were also discussed. During the development of 
Addendum II, we again advocated for a whole-crab fishery, but we 
supported options that would allow a small amount of claw-only 
landings. The Commission ultimately approved a measure that established 
a coastwide standard for claw harvest, allowing for an unlimited amount 
of claws to be harvested subject to a minimum claw length requirement.
    In response, states have implemented a wide range of measures. Some 
allow the harvest of an unlimited amount of claws that meet the minimum 
size; others allow harvest of a maximum of one 5-gallon (18.93 L) 
bucket of claws, while others allow only whole crabs to be landed. The 
Commission recommended that we implement complementary claw fishery 
measures, but the variety of state regulations complicates our ability 
to create complementary Federal regulations. Specifically, it is 
challenging to issue a single Federal regulation that is consistent 
with state landing disposition requirements, when the state regulations 
themselves are inconsistent. Because the states can effectively 
regulate this matter on shore without complementary regulations, we are 
not issuing regulations for a landing disposition at this time. As 
such, states will regulate crab landing disposition shore-side. We will 
monitor the effectiveness of these state regulations to determine 
whether future Federal regulation will be necessary. Deferring action 
on this issue is expected to minimize disconnects between state and 
Federal regulations.

2. Mandatory Commercial Harvester Reporting

    The Commission recommended a 100-percent mandatory harvester-
reporting program as part of the Jonah Crab Plan but allowed 
jurisdictions requiring less than 100 percent of lobster harvester 
reporting to maintain their current programs and extend them to Jonah 
crab. The Jonah Crab Plan established specific information to be 
reported, including: A unique trip identification (link to dealer 
report); vessel number; trip start date; location (NMFS stat area); 
traps hauled; traps set; quantity (lb); trip length; soak time in hours 
and minutes; and target species. We intend to restrict Jonah crab 
harvest to Federal lobster permit holders, and at present, there is no 
mandatory harvester-reporting requirement for Federal lobster permit 
holders. Therefore, we do not intend to modify Federal lobster permit 
holder's reporting requirements through this action. This action, 
however, will add an additional species code to the vessel trip report 
to better capture the landings of Jonah crab claws in states that 
permit such activity.
    In recent months, the Commission has given additional consideration 
to the reporting requirements in both the lobster and Jonah crab 
fisheries. In February 2018, the Commission approved Addendum XXVI to 
the Interstate Fishery Management Plan for American Lobster, which also 
serves as Addendum III to the Jonah Crab Plan. The intent of Lobster 
Addendum XXVI/Jonah crab Addendum III is to expand lobster harvester 
reporting requirements, enhance the spatial and effort data 
collections, and improve the amount and type of biological data 
collected in the offshore trap fishery. Given the offshore expansion of 
lobster trap effort in recent years, the Commission developed this 
addendum to address data gaps from inconsistent reporting and data 
collection requirements across state and Federal agencies. As a result, 
the recommended Jonah crab reporting will be subsumed by the lobster 
reporting requirements that the Commission already made as part of 
Addendum XXVI to the Lobster Plan/Addendum III to the Jonah Crab Plan. 
We are currently developing a proposed rule in a separate action to 
consider adopting these expanded lobster and Jonah crab harvester 
reporting recommendations. We expect the proposed measures to publish 
in late 2019 and the rule to implement requirements to occur in 2020.

Research Activities

    Since the Commission's approval of the Jonah Crab Plan, several 
organizations have established Jonah crab research programs focused on 
the research needs identified in the Plan. Researchers from the 
Massachusetts Division of Marine Fisheries (MA DMF), the Commercial 
Fisheries Research Foundation (CFRF), and the University of Maryland 
have requested exempted fishing permits (EFPs), including exemptions 
from Jonah crab regulations, to conduct research on migration, growth 
rates, and maturity in Federal waters. Because no Federal regulations 
existed for Jonah crab, we advised researchers that they were free to 
conduct their research activities in Federal waters, but that 
exemptions from lobster regulations would be required.
    We issued EFPs to MA DMF and CFRF, and the University of Maryland 
in 2019. These projects have centered on the collection of crabs and 
lobster using ventless traps and, to date, have received exemptions 
from the lobster trap regulations, including exemptions from escape 
vent, trap tagging, and number of allowable traps requirements. Several 
of these studies are also collecting information on lobsters, and 
therefore have exemptions from lobster possession provisions in 
regulations, including provisions on minimum and maximum size, egg-
bearing females, etc.
    This action expands the exemptions granted to these three research 
projects to include exemptions from the proposed Jonah crab 
regulations, as outlined in Table 2. New EFPs will be issued to these 
researchers, coinciding with the effective date of these measures. 
These exemptions do not expand the scope or scale of any existing 
research projects; they are intended to allow these research activities 
to continue without interruption.

[[Page 61573]]



    Table 2--Expanded Exemption Proposal to Existing Research Permits
------------------------------------------------------------------------
                                                          Jonah crab
          Organization               Project title        exemptions
------------------------------------------------------------------------
Commercial Fisheries Research     Southern New        Minimum size.
 Foundation.                       England
                                   Cooperative
                                   Ventless Trap
                                   Survey.
Massachusetts Division of Marine  Random Stratified   Minimum size.
 Fisheries.                        Coastwide          Prohibition on the
                                   Ventless Lobster    possession of egg-
                                   Trap Survey.        bearing female
                                                       Jonah crabs.
University of Maryland..........  Sexual maturity     Minimum size.
                                   investigation of
                                   Jonah crabs.
------------------------------------------------------------------------

    Once approved, the applicants may request minor modifications and 
extensions to the EFP throughout the year. We may grant EFP 
modifications and extensions without further notice if the 
modifications and extensions 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 requests. 
The EFPs would prohibit any fishing activity conducted outside the 
scope of the exempted fishing activities. Finally, we invite any other 
organizations conducting Jonah crab research to contact us to discuss 
whether their research activities will require Federal permits.

Comments and Responses

    Two documents solicited comment on this action: A control date 
advance notice of proposed rulemaking (80 FR 31347; June 2, 2015) and a 
notice of intent for the environmental impact statement (EIS)/advance 
notice of proposed rulemaking (81 FR 70658; October 13 2016). Comments 
were received from: The Atlantic Offshore Lobstermen's Association; the 
Center for Biological Diversity; and two members of the public. We 
published a proposed rule in the Federal Register on March 22, 2019 (84 
FR 10756), soliciting public comment on the proposed Jonah Crab Plan 
measures. The comment period ended on April 22, 2019. We received eight 
letters from two fishery organizations, the New England Fishery 
Management Council, two Jonah crab harvesters, a group of environmental 
advocacy organizations, and two members of the public. Only comments 
that were applicable to the proposed measures are addressed below. 
Consolidated responses are provided to similar comments on the proposed 
measures.
    Comment 1: The Atlantic Offshore Lobstermen's Association supported 
the establishment of a control date for the Jonah crab fishery, 
believing that it will discourage speculative entry into the fishery 
during the interim period before the states and NMFS published 
regulations to manage the fishery.
    Response: We agree. A central purpose of the control date was to 
put harvesters on notice of the potential regulatory restrictions and 
prevent speculation. Available information suggests that speculative 
fishing was limited.
    Comment 2: An anonymous comment opposed establishing a control 
date. The commenter argued that it was inappropriate for NMFS to issue 
a control date at the request of the Commission when the fishery takes 
place in Federal waters and the New England Fishery Management Council 
expressed interest in management, as Council management would take 
precedence over Commission management.
    Response: We disagree. The control date provided notice to the 
public of potential future regulations and its purpose and value is 
independent of its origin from either the Commission or the Council. 
Here, the Commission's involvement makes sense given the overlap 
between the lobster fishery and Jonah crab fishery. Notwithstanding the 
Commission's role in developing its Jonah Crab Plan, the New England 
and Mid-Atlantic Councils have been consulted on this matter. Many 
members of the Commission's Lobster Board are also Council members and 
a New England Council member was invited to represent the Council's 
Jonah crab interests on the Lobster Board. The Council has participated 
in Commission decision-making and voted to adopt Commission's actions 
at the Lobster Board. Because of this, we feel that it was appropriate 
to issue a control date at the Commission's request.
    Comment 3: During development of the rulemaking and EIS, the Center 
for Biological Diversity raised concern about large whale entanglements 
in Jonah crab traps and requested that the EIS consider impacts to 
large whales, specifically the north Atlantic right whale (Eubalaena 
glacialis).
    Response: We are mindful of potential impacts between the Jonah 
crab fishery and large whales and analyzed trap impacts in Section 5 of 
the EIS. This analysis will be ongoing because this action folds the 
Jonah crab fishery into the lobster fishery. Before this action, any 
unpermitted individual could fish an unlimited number of traps in 
Federal waters for Jonah crab. Now Jonah crab fishing is restricted to 
lobster permit holders and any traps used to target Jonah crabs are 
considered lobster traps, subject to all lobster regulations. This new 
regulatory framework ensures that the fishery's impacts to whales will 
be analyzed in NMFS' ongoing fishery Biological Opinion, as well as the 
recommendations made by the Large Whale Take Reduction Team in April 
2019, and all lobster reporting requirements in response to Commission 
Addendum XXVI.
    Comment 4: During development of the rulemaking and EIS, the Center 
for Biological Diversity stated the spatial information should be 
included in the reporting requirements.
    Response: We agree. NMFS is developing spatial information 
reporting requirements in a separate rulemaking that addresses the 
recommendations of Addendum XXVI to the Lobster Plan/Addendum III to 
the Jonah Crab Plan. This future rulemaking will also consider 
reporting needs from the Lobster and Jonah Crab Plan, which requires 
the following information as part of harvester reports: A unique trip 
ID (link to dealer report), vessel number, trip start date, location 
(statistical area), traps hauled, traps set, quantity (lb), trip 
length, soak time in hours and minutes, and target species. These 
requirements were intended to match the reporting requirements 
associated with the Interstate Fishery Management Plan for American 
Lobster, as these two fisheries are linked. Due to the overlap with 
North Atlantic right whales, the Atlantic Large Whale Take Reduction 
Team may recommend additional reporting requirements. Such requirements 
may be incorporated into this future rulemaking.
    Comment 5: During development of the rulemaking and EIS, one 
individual opposed the development of Federal Jonah crab regulations, 
preferring that the fishery be closed to commercial harvest, stating 
that Jonah crabs are a food source for birds and marine mammals.

[[Page 61574]]

    Response: The Commission developed the Jonah Crab Plan out of 
precaution and potential concern for the Jonah crab resource given the 
recent and rapid increase in landings. There is no stock assessment for 
Jonah crab, but the science does not presently support a complete 
closure of the fishery. The population has been able to sustain past 
increases in commercial landings, as described in Section 4.5.2 of the 
EIS. Fishing effort has been capped at such levels. We are taking 
action, as requested by the Commission, to implement complementary 
regulations in Federal waters. This action is expected to put some 
initial limits on Jonah crab harvest and implement reporting 
requirements, adding to our information and making a future stock 
assessment possible.
    Comment 6: The Atlantic Offshore Lobstermen's Association commented 
in support of Federal rulemaking at multiple stages and highlighted the 
need for the commercial management measures approved in this rule. One 
commercial lobster harvester resubmitted a copy of a letter that was 
submitted to the Commission in 2014 supporting Jonah Crab Plan 
development. The Cape Cod Commercial Fishermen's Alliance generally 
supported proposed measures. All three letters supported linking Jonah 
crab harvest to the lobster permit structure.
    Response: We agree and are developing regulations consistent with 
the Atlantic Coastal Fisheries Cooperative Management Act and the 
Commission's recommendations in the Jonah Crab Plan. For additional 
rationale, please refer to Approved Measures.
    Comment 7: One harvester, who identified himself as a Jonah crab-
only harvester without a lobster permit, disagreed with our proposal to 
link Jonah crab harvest to the lobster permit structure. Instead, the 
commenter proposed establishing a targeted Jonah crab permit to allow 
targeted harvesters to land an unlimited amount of crabs and 100 
lobster per day as bycatch, arguing that the Jonah crab fishery has 
``emerged as its own fishery separate from lobster.''
    Response: The best available information suggests that the Jonah 
crab fishery is not separate from the lobster fishery. Landings data 
available during the development of the Jonah Crab Plan indicated that 
between approximately 91-99 percent of Cancer crabs (both Jonah crabs 
and rock crabs) were harvested from lobster permit holder in their trap 
gear. Data further suggests that the fishery began as unintentional 
catch; crabs now are increasingly a targeted catch from lobster traps. 
This obvious linkage is the basis for the American Lobster Board 
overseeing management and is a primary driver behind the recommendation 
to link Jonah crab harvest to the lobster permit structure.
    There is no justification to qualify and issue Jonah crab-only 
permits. As discussed above, on several different occasions, we 
requested information to identify any Jonah crab harvesters that did 
not hold a lobster permit. One of these requests coincided with a 2015 
control date, intended to promote awareness of possible future 
rulemaking, and discourage speculative entry into and/or investment in 
the Jonah crab fishery. We received no comments in response to these 
earlier requests for information. In addition, only one state has 
identified Jonah-crab only harvesters and only in state waters. As no 
other information has been presented that helps to identify Jonah crab 
harvesters without a lobster permit in Federal waters prior to the 2015 
control date and the commenter indicated that his entry into the 
fishery occurred after the 2015 control date, which was designed to 
prevent such speculative entry, we are linking Jonah crab harvest to 
the lobster permit structure.
    Finally, it would be problematic for NMFS to authorize additional 
effort in the lobster fishery without consulting the Commission, the 
American Lobster Board, and our partner states as it would create an 
inconsistency with the Lobster Plan and with state regulations. The 
Commission specifically endorsed linking Jonah crab harvest to the 
lobster permit structure. The Interstate Fishery Management Plan for 
American Lobster strictly controls harvest. Any additional effort in 
the fishery should be considered through the Commission's open and 
public process.
    In sum, the administrative and enforcement efficiencies, as well as 
the biological benefits (to crabs, lobsters, and whales) weighed 
against the negative time and resources impacts and ineffectiveness 
caused by creating an inconsistent Federal Jonah crab-only fishery that 
would potentially benefit only one individual, all provide the basis 
for our linking the fisheries.
    Comment 8: The Atlantic Offshore Lobstermen's Association, Cape Cod 
Commercial Fishermen's Alliance, and one industry member supported the 
proposed minimum size. The other industry member supported a 5-inch 
(12.7-cm) minimum size.
    Response: We agree with the commenters and are approving a 4\3/4\-
inch (12.065-cm) minimum carapace width. Due to the significant overlap 
with the American lobster fishery, the Commission's American Lobster 
Board has overseen management, as recommended. The Board has developed 
many coastwide measures (i.e., all but claw provisions that are state-
by-state) that states have implemented, which will now be complemented 
in Federal waters through this action.
    When developing measures for the fishery, Lobster Board considered 
a range of minimum sizes. These measures were included in the draft 
Jonah Crab Plan and taken out to public comment. As discussed in 
greater detail in the proposed rule, the Commission selected a minimum 
size of 4\3/4\ inches (12.065 cm) because it balances market demands, 
biological concerns over the size at which crabs become mature, and 
industry concerns that enforcement officials would issue violations for 
crabs that are just under the market-preferred size in this high-volume 
fishery where measuring each crab may be difficult.
    We considered and analyzed both 4\3/4\-inch (12.065-cm) and 5-inch 
(12.7-cm) minimum sizes as alternatives in the accompanying EIS. While 
they are reasonable, approving a measure that is inconsistent with what 
the states have already promulgated would create a significant 
inconsistency between state and Federal regulations for this species. 
Any inconsistency increases the difficultly to achieve coordinated 
management, administrative and enforcement objectives, and creates 
additional confusion about applicable regulations for harvesters. Due 
to these potential negative effects, we have approved a minimum size 
that is consistent with Commission recommendations and state 
requirements.
    Comment 9: The Atlantic Offshore Lobstermen's Association, the New 
England Fishery Management Council, and one member of the public 
supported the prohibition on the retention of egg-bearing female Jonah 
crabs. Both harvesters supported prohibiting the retention of all 
female Jonah crabs, with one identifying egg-bearing female Jonah crabs 
as needing specific protections.
    Response: We agree with the associations and one member of the 
public that the approved broodstock protection measures will provide 
protections for the Jonah crab fishery, consistent with the Atlantic 
Coastal Fisheries Cooperative Management Act and the Commission's 
recommendations in the Jonah Crab Plan. When developing the Jonah Crab 
Plan, the Lobster Board considered protections

[[Page 61575]]

for egg bearing female crabs and all female crabs as management 
alternatives. Both alternatives help ensure that eggs are given the 
opportunity to hatch and add to the population and similar measures 
have been successfully used in the lobster fishery, under the 
Interstate Fishery Management Plan for American Lobster. Ultimately, 
the Commission selected to prohibit the possession of egg-bearing 
female crabs. The Jonah Crab Plan and the EIS both note that the vast 
majority of female crabs (96-98 percent) are smaller than the minimum 
size. As such, approving only a prohibition on egg-bearing female Jonah 
crabs is more targeted to the Commission's objective of giving eggs the 
opportunity to hatch and contribute to the overall crab population. 
Most states had already implemented regulations to prohibit possession 
of egg-bearing female crabs by June 1, 2016.
    While both broodstock protection alternatives are reasonable, 
approving measures that are inconsistent with what the states have 
already promulgated would create a significant inconsistency between 
state and Federal regulations for this species. Due to the potential 
negative effects associated with inconsistencies, we have approved a 
prohibition on the retention of egg-bearing female Jonah crabs, 
consistent with Commission recommendations and state requirements.
    Comment 10: The New England Council and one member of the public 
supported the incidental catch limit.
    Response: We agree. The Commission spent several meetings 
establishing the incidental catch limit in the original Jonah Crab Plan 
and then perfected it in Addendum I. Ultimately, the Commission 
approved a new, expanded limit of up to 1,000 crabs per trip for both 
non-trap gear and non-lobster trap gear as part of Addendum I. The 
Commission expected that this revised limit would be more consistent 
with the maximum incidental catch that existed in 2015 prior to 
developing the Jonah Crab Plan while preventing future expansion of the 
incidental fishery into a larger or more targeted fishery. Our catch 
data corroborated the Commission's basis for revising the incidental 
catch limit as only 3 trips between 2010 and 2014 landed more than 900 
lb (408.2 kg). A Federal incidental catch of up to 1,000 crabs provides 
consistency between Federal and state regulations, thereby avoiding 
negative impacts associated with inconsistency, as outlined in the 
response to Comment 8.
    Comment 11: The Council, the Cape Cod Commercial Fishermen's 
Alliance, and one member of the public supported the proposed dealer 
requirements.
    Response: We agree. Mandatory dealer reporting in the will provide 
much needed fishery information. Such information will inform future 
science and management of this species.
    Comment 12: The Cape Cod Commercial Fishermen's Alliance supported 
``measures to expand research in the fishery to fill gaps in 
knowledge,'' noting that such research could help refine management 
measures and encouraged that a stock assessment be conducted as soon as 
possible to ``ensure that overfishing is not likely to occur in this 
burgeoning fishery, allowing it to thrive for generations.''
    Response: We agree that additional data and research is needed on 
this data-poor species. Mandatory dealer reporting in the immediate 
future and mandatory harvester reporting through a separate, future 
action should provide much needed fishery information. Such information 
will feed into a future stock assessment, which the Commission 
identified as a high priority need in the Jonah Crab Plan. The Plan 
already requires jurisdictions to collect the following information 
from port/sea sampling: Carapace width, sex, discard information, egg-
bearing status, cull status, shell hardness, and whether the landings 
are whole crabs or parts. Together, this fishery dependent and 
independent data will be useful to measure the effectiveness of 
management measures, including the minimum size and to monitor the 
claw-only fishery in states where it is allowed. These data will inform 
a future stock assessment. In the interim, the Plan requires that the 
Lobster Board conduct an annual review of management measures, state 
data collections, and research needs, which helps to bridge the gap 
until a stock assessment is scheduled.
    Additional research will be critical to answering some of the 
larger questions about this species. The Plan specifies biological, 
habitat, and economic research needs, which partner states have begun 
to address with and without research permits. We encourage additional 
research on this species and will consider exemptions to lobster and 
Jonah crab regulations to facilitate future research.
    Comment 13: The Atlantic Offshore Lobstermen's Association noted, 
``it may be appropriate to modify the language in [F]ederal code 50 CFR 
697 to specify that those measures apply to both lobster and Jonah crab 
fisheries.''
    Response: We appreciate the collaboration with and support of the 
Association in the development and approval of these measures. Staff 
involved in the management of American lobster and Jonah crab reviewed 
the existing lobster regulation found at 50 CFR part 697 for any needed 
revisions based on this rulemaking. Several changes to the lobster-
specific regulations were proposed and are implemented by this final 
rule. No additional changes are necessary to 50 CFR part 697, as these 
measures are solely derived from Commission recommendations based on 
measures in the Interstate Fishery Management Plan for American 
Lobster, and further clarification is not necessary.
    Comment 14: The group of environmental advocacy organizations 
supported the proposed management measures and recommended the 
following additional requirements:
    1. A 100-percent catch reporting requirement at the trip-level for 
all limited-access American lobster permit holders;
    2. A lost gear reporting requirement;
    3. A requirement to report all data including fishing location by 
10-minute squares (10nm x 10nm) or a finer spatial scale if available;
    4. A requirement to report all data electronically;
    5. A requirement for electronic vessel monitoring; and
    6. A requirement to mark gear by fishery and statistical area 
fished on at least every 40 feet (12.2 m) of line.
    In addition, the Atlantic Offshore Lobstermen's Association 
supported the expeditious approval of 100-percent Jonah crab and 
lobster harvester reporting. Similarly, the Cape Cod Commercial 
Fishermen's Alliance noted that additional reporting requirements, 
including harvester reporting and vessel monitoring systems/electronic 
tracking would improve data collection and be consistent with other 
fisheries.
    Response: We agree. NMFS intends to propose joint Jonah crab/
American lobster harvester reporting requirements in a rulemaking based 
upon Addendum XXVI to the American Lobster Plan/Addendum III to the 
Jonah Crab Plan. Harvester reporting was not added to this action for 
several reasons. First, substantial development of this Jonah-crab 
specific action had already taken place. Second, adding Jonah crab-
specific reporting requirements would be a de-facto reporting 
requirement for the lobster industry which would have expanded the 
scope of this action. Third, a lobster-specific rulemaking was in 
development at a stage where lobster reporting could be easily 
considered. To that end, we published an advance notice of proposed 
rulemaking on June

[[Page 61576]]

14, 2018 (83 FR 27747), announcing our intent to consider expanded 
lobster and Jonah crab harvester reporting requirements and expect 
publication of a proposed rule later in 2019, with implementation 
targeted for 2020.
    We agree that additional data elements will aid in the future 
management of the lobster fishery and in assessing impacts to protected 
species. To that end, we have committed to a multi-year overhaul of our 
fishery reporting systems which will include an increase in electronic 
reporting, more intuitive forms, and additional data fields that may be 
pertinent to specific fisheries or gear types. We look forward to 
engaging with all of our partners on this effort.
    Comment 15: The group of environmental advocacy organizations 
stated, ``NMFS must ensure that the ASMFC's Interstate Fishery 
Management Plan for the Jonah crab fishery complies with the statutory 
and regulatory requirements of both the Endangered Species Act and the 
Marine Mammal Protection Act.'' The letter further noted that ``the 
existing Biological Opinion for the American lobster fishery is 
inadequate. . . therefore any new fishing authorized by the existing 
limited-access American lobster permit would be inherently unlawful 
until the new consultation is completed.'' Finally, the letter stated 
``until fishing gear that does not include an unattended endline/
buoyline is commercially available and legally required, NMFS must take 
every reasonable step to decrease the number of vertical lines in the 
water when North Atlantic right whales are present.''
    Response: The comment contains legal argument that is the subject 
of ongoing litigation and is beyond the scope of detailed response in 
this document. We note, however, that this action restricts the Jonah 
crab fishery and its gear. Previously unregulated, the Jonah crab 
fishery will now be regulated as part of the lobster fishery because 
the fisheries coincide and are both prosecuted using the same lobster 
trap gear. The lobster fishery which is managed pursuant to the ASMFC's 
Interstate Lobster Fishery Management Plan, is undergoing endline/
buoyline analysis and restriction as part of the Large Whale Take 
Reduction Team Process and Endangered Species Act Section 7 
consultation reinitiation. Because the lobster and Jonah crab fisheries 
coincide and overlap, the 2014 Biological Opinion for the American 
lobster fishery analyzed the effect of this mixed lobster and Jonah 
crab fishery on endangered species and provides Endangered Species Act 
Section 7 coverage for the Jonah crab fishery. The agency has re-
initiated Section 7 consultation on the lobster fishery, which will 
necessarily include analysis of the Jonah crab fishery.

Changes From the Proposed Rule

    Minor corrections to improve technical accuracy and clarity of the 
regulatory text were made between proposed and final rules.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
this final rule is necessary for the conservation and management of the 
Jonah crab fishery and that it is consistent with the Atlantic Coastal 
Fisheries Cooperative Management Act, applicable provisions of the 
Magnuson-Stevens Fishery Conservation and Management Act, and other 
applicable laws.
    NMFS prepared a final EIS for this action. The final EIS was filed 
with the Environmental Protection Agency on June 4, 2019. A notice of 
availability was published on June 14, 2019 (84 FR 27777). NMFS issued 
a Record of Decision (ROD) identifying the selected alternatives. A 
copy of the ROD is available from NMFS (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule does not contain policies with federalism 
implications as defined in E.O. 13132. NMFS has consulted with the 
states in the creation of the Jonah Crab Plan, which makes 
recommendations for Federal action. The approved measures are based 
upon the Jonah Crab Plan and its addenda, which were created by the 
Commission, and, as such, were created by, and are overseen by, the 
states. These measures are already in place at the state level. 
Additionally, these measures would not preempt state law and would not 
regulate the states.
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires 
agencies to assess the economic impacts of their proposed regulations 
on small entities. The objective of the RFA is to consider the impacts 
of a rulemaking on small entities, and the capacity of those affected 
by regulations to bear the direct and indirect costs of regulation. A 
final regulatory flexibility analysis (FRFA) was prepared, as required 
by section 603 of the Regulatory Flexibility Act (RFA). The FRFA 
consists of the Initial Regulatory Flexibility Analysis (IRFA), the 
relevant portions of the proposed rule describing the proposed 
management measures, the corresponding analysis in the EIS prepared for 
this action, and the responses to public comments included in this 
final rule. A copy of this analysis is available from NMFS (see 
ADDRESSES).

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    No public comments were received pertaining directly to the 
economic effects of this rule.

Description and Estimate of the Number of Small Entities to Which the 
Rule Will Apply

    The action will implement regulations affecting commercial fishing 
activities (North American Industry Classification System (NAICS) code 
11411), seafood dealers (NAICS code 424460), and operators of party/
charter businesses (NAICS code 487210). Because each of these 
activities has their own size standard under the RFA, consideration of 
the number of regulated entities and the potential economic impacts of 
the action for each NAICS code is discussed below.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The determination as to whether the 
entity is large or small is based on the average annual revenue for the 
three years from 2014 through 2016.
    Section 3 of the Small Business Act defines the term 
``affiliation'' in its regulations. According to these regulations, 
affiliation may arise among two or more persons with an identity of 
interest. Individuals or firms that have identical or substantially 
identical business or economic interests (such as family members, 
individuals or firms with common investments, or firms that are 
economically dependent through contractual or other relationships) may 
be treated as one party with such interests aggregated (13 CFR 
121.103(f)).
    We applied the Small Business Administration's definition of 
affiliation to NMFS's 2016 vessel ownership data to determine the 
number of affiliated

[[Page 61577]]

regulated entities that were associated with at least one limited 
access lobster permit. During 2016, there were 2,377 limited access 
lobster permits included in the ownership database, of which 640 
designated non-trap only, 1,597 designated trap only, and 140 
designated both a trap and a non-trap gear. Table 8 summarizes the 
number of large and small entities after the principals of affiliation 
were applied. Note that the number of regulated entities is less than 
the number of permitted vessels because a small number affiliated 
ownership groups own more than one permit.

    Table 3--Summary, by Entity Size, of Average Gross Sales, Number of Regulated Entities, and Lobster Sales
----------------------------------------------------------------------------------------------------------------
                                                                                                Mean lobster and
                                                             Number of       Mean gross sales   Jonah crab sales
                                                              entities          ($1,000's)         ($1,000's)
----------------------------------------------------------------------------------------------------------------
Large Entities.........................................                  8             21,562
Non-Participating Large Entities.......................                  4             21,729
Participating Large Entities...........................                  4             21,395              6,984
Small Entities.........................................              2,018                387
Non-Participating Small Entities.......................                609                564
Participating Small Entities...........................              1,409                311                220
----------------------------------------------------------------------------------------------------------------

    Dealer data are the primary source of data used to estimate gross 
receipts for purposes of size class determination. Although dealer data 
are the best available source of revenues earned from commercial 
fishing, it generally lacks gear information, which is needed to 
estimate the number of affected trap gear entities. For this reason, 
vessel trip reports (VTRs) are used to estimate the number of affected 
participating lobster trap gear entities. As previously noted, a 
significant number of vessel owners possess only a limited access 
lobster permit and are not subject to mandatory reporting. Despite 
this, the analysis, which is based on vessel owners that do possess at 
least one other permit for which VTRs are mandatory, is representative 
of the fleet of limited access lobster trap permit holders.
    The number of permitted limited access trap vessels that reported 
one or more lobster trap trips from 2014-2016 ranged from 400 in 2014 
to 412 in 2016. None of these vessels relied exclusively on Jonah crab. 
Percent of trips and vessels landing lobster-only, Jonah crab-only, or 
both is summarized in Table 4.

                     Table 4--Summary of Lobster Trap Effort and Number of Affected Entities
----------------------------------------------------------------------------------------------------------------
                                                                       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
Trips:                                                                                Percent
                                                                 -----------------------------------------------
    Lobster Only Effort.........................................            86.7            87.7            87.1
    Jonah Crab Only Effort......................................             0.5             0.4             0.4
    Lobster and Jonah Crab Effort...............................            12.8            11.9            12.5
                                                                 -----------------------------------------------
Vessels:                                                                               Count
                                                                 -----------------------------------------------
    Lobster Only Effort.........................................             252             251             258
    Jonah Crab Only Effort......................................               0               0               0
    Lobster and Jonah Crab Effort...............................             148             160             154
----------------------------------------------------------------------------------------------------------------

    As previously noted, the ownership data used to determine the 
number of affected entities is based on aggregated dealer data. Because 
the action will affect limited access lobster non-trap permits, we used 
VTR data to determine the number of participating vessels that will be 
affected by the action. Analysis of data from 2010 through 2014 
presented in Addendum I to the Jonah Crab Plan indicated only three 
trips would have exceeded the proposed trip limit. Table 6 summarizes 
the number of limited access lobster non-trap permit holders, trips, 
trips landings Jonah crabs, and trips exceeding the approved limit. 
While the incidental limit is defined in number of crabs, this analysis 
relies on lb landed, as weight of catch and counts of crabs is reported 
by harvesters and dealers. An assumption that a crab weighs one lb 
(0.45 kg) was used; however, this assumption may be an underestimate 
given that the market favors larger crabs. The median value of this 
distribution ranged from a high of 1,175 lb (533 kg) in 2014 to a low 
of 1,046 lb (474 kg) in 2015.

                                  Table 5--Affected Regulated Non-Trap Permits
----------------------------------------------------------------------------------------------------------------
                                                                       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
Number of Reporting Permits.....................................             647             659             660
Number of Affected Permits......................................              11              15              12
Number of trips.................................................          30,865          31,192          33,891
Trips Landing Jonah Crab........................................             502             608             413
Jonah Crab Above Limit..........................................             115             180             139
----------------------------------------------------------------------------------------------------------------


[[Page 61578]]

    Under existing regulations for other regulated species, NMFS 
requires a Federal dealer permit for the purchase of seafood from a 
federally permitted commercial vessel. NMFS regulations also require 
that dealers report all purchases of fish and/or shellfish from any 
vessel, including state-waters-only vessels. This means that any dealer 
issued a Federal dealer permit will be regulated under the action. 
During 2015, there were 750 Federal dealer permits issued to dealers in 
Greater Atlantic region states. According to 2015 County Business 
Patterns (CBP) data, there were 803 dealer establishments in Greater 
Atlantic Region states that employed 8,118 people. A summary of Federal 
permits, CBP establishments, CBP employment, and establishment by size 
class, by state, is provided in Table 7. Of note, for Maine, New 
Hampshire, Massachusetts, and Rhode Island, the CBP number of 
establishments ranged from 52 percent to 66 percent lower than the 
number of Federal permits issued to dealers in those states. By 
contrast, the number of establishments in the CBP data was 
approximately equal to the number of Federal permits in both Delaware 
and New Jersey, but the number of CBP establishments was substantially 
higher than the number of Federal permits in all other states in the 
Mid-Atlantic region. This disparity can arise for two reasons: (1) Not 
all dealers are active; and (2) CBP data classifies multi-activity 
establishments into only one NAICS code. Available data suggest that 
the seafood dealer sector is dominated by businesses that are 
considered small entities for purposes of the RFA.

                                 Table 6--Number of Regulated Seafood Dealers and Employment Size Distribution for 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               CBP number of establishments by employment size class
                    State                        Federal           CBP            CBP     --------------------------------------------------------------
                                                 permits     establishments    employment   1-4    5-9    10-19    20-49    50-99    100-249    250-499
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME...........................................          221               146        1,123     89     28       13       13        2          1          0
NH...........................................           17                 9          108      3      3        1        2        0          0          0
MA...........................................          204               129        1,808     57     26       17       20        7          2          0
RI...........................................           51                28          182     13      7        8        0        0          0          0
CT...........................................           12                20          211      9      2        5        4        0          0          0
NY...........................................          100               275        2,056    178     38       31       23        4          1          0
NJ...........................................           85                78          784     43     10       15        7        2          1          0
DE...........................................            6                 6           54      4      0        1        1        0          0          0
NC...........................................           42                59        1,187     27     10       10        8        3          0          1
--------------------------------------------------------------------------------------------------------------------------------------------------------

Reporting, Recordkeeping, and Other Compliance Requirements

    This action contains several new reporting and recordkeeping 
requirements that will involve costs to dealers intending to land or 
purchase Jonah crabs, however, these costs are expected to be limited. 
Dealers wishing to purchase Jonah crabs will be required to obtain a 
Jonah crab designation on their dealer permit and report their 
purchases weekly, as required for other federally managed species. 
These approved measures will impose new compliance requirements; 
however, the measures are already in place for states and are, by 
design, intended to be consistent with past fishing practices and 
market requirements, thereby limiting costs.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    This action imposes minimal impacts on small entities. Due to the 
expected high rate of dual permitting and the fact that the states are 
already compliant with these measures, the majority of Federal vessels 
are already abiding by these requirements, and therefore will not be 
impacted by the measures in this proposed rule. For those vessels not 
dually permitted, several approved measures that regulate the harvest 
of Jonah crabs (minimum size, broodstock protections, etc.) can be 
expected to have a limited economic impact on permit holders, because 
existing market preferences encompass these measures. That is, long 
before the existence of any minimum size restrictions, harvesters threw 
back small crabs because dealers would not buy them. These smaller 
crabs were already protected from harvest due to market forces, and 
under the changes in this rule, these smaller crabs would be protected 
for conservation purposes. As such, there will be limited economic 
impact on the fishing industry from establishing the recommended 
minimum size. Furthermore, because the Jonah crab fishery has largely 
been prosecuted by lobster trap harvesters, the Jonah crab fishery 
remains restricted by effort control measures that already exist in the 
lobster regulations. Non-trap harvest limits approved in this rule were 
set in a manner to ensure that the vast majority of past trips would be 
accounted for under the approved limit. Because the measures in this 
final rule are consistent with Commission recommendations, current 
state regulations, and existing lobster fishery requirements, this 
final rule minimizes the economic impact on small entities. Further, if 
we had approved alternate measures, this would likely create 
inconsistencies and regulatory disconnects with the states, and, 
therefore, would likely worsen potential economic impacts.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA), which the Office of 
Management and Budget (OMB) approved under the OMB control numbers 
listed below. Public reporting burden for these collections of 
information, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information, are estimated 
to average, as follows:
    1. Initial Federal dealer permit application, OMB# 0648-0202, (15 
minutes/response); and
    2. Dealer report of landings by species, OMB# 0648-0229, (4 
minutes/response).
    Send comments on these or any other aspects of the collection of 
information to the Greater Atlantic Regional Fisheries Office at the 
ADDRESSES above, and email to [email protected], or fax to 
(202) 395-5806. Notwithstanding any other provision of the law, no 
person is required to respond to, and no person shall be subject to 
penalty for failure to comply with, a collection of information subject 
to the requirements of the PRA, unless that collection of information 
displays a currently valid OMB control number.

List of Subjects in 50 CFR Part 697

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 61579]]


    Dated: November 5, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 697 is amended 
as follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

0
1. The authority citation for part 697 continues to read as follows:

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


0
2. In Sec.  697.2(a):
0
a. Remove the definition for ``Berried female;''
0
b. Add definitions for ``Berried female Jonah crab'' and ``Berried 
female lobster'' in alphabetical order;
0
c. Remove the definition for ``Carapace length;'' and
0
d. Add definitions for ``Jonah crab,'' ``Jonah crab carapace width,'' 
and ``Lobster carapace length'' in alphabetical order.
    The additions read as follows:


Sec.  697.2   Definitions.

    (a) * * *
    Berried female Jonah crab means a female Jonah crab bearing eggs 
attached to the abdomen.
    Berried female lobster means a female American lobster bearing eggs 
attached to the abdominal appendages.
* * * * *
    Jonah crab means Cancer borealis.
    Jonah crab carapace width is the straight line measurement across 
the widest part of the shell including the tips of the posterior-most, 
longest spines along the lateral margins of the carapace.
* * * * *
    Lobster carapace length is the straight line measurement from the 
rear of the eye socket parallel to the center line of the carapace to 
the posterior edge of the carapace. The carapace is the unsegmented 
body shell of the American lobster.
* * * * *

0
3. In Sec.  697.4, revise paragraph (a) introductory text to read as 
follows:


Sec.  697.4   Vessel permits and trap tags.

    (a) Limited access American lobster permit. Any vessel of the 
United States that fishes for, possesses, or lands American lobster or 
Jonah crab in or harvested from the EEZ must have been issued and carry 
on board a valid Federal limited access lobster permit. The requirement 
in this paragraph (a) does not apply to: Charter, head, and commercial 
dive vessels that possess 6 or fewer American lobsters per person or 50 
Jonah crab per person aboard the vessel if such lobsters or crabs are 
not intended for, nor used, in trade, barter or sale; recreational 
fishing vessels; and vessels that fish exclusively in state waters for 
American lobster or Jonah crab.
* * * * *

0
4. In Sec.  697.5, revise paragraph (a) to read as follows:


Sec.  697.5   Operator permits.

    (a) General. Any operator of a vessel issued a Federal limited 
access American lobster permit under Sec.  697.4(a), or any operator of 
a vessel of the United States that fishes for, possesses, or lands 
American lobsters or Jonah crabs, harvested in or from the EEZ must 
have been issued and carry on board a valid operator's permit issued 
under this section. The requirement in this paragraph (a) does not 
apply to: Charter, head, and commercial dive vessels that possess six 
or fewer American lobsters per person aboard the vessel if said 
lobsters are not intended for nor used in trade, barter or sale; 
recreational fishing vessels; and vessels that fish exclusively in 
state waters for American lobster.
* * * * *

0
5. In Sec.  697.6, revise paragraphs (a), (n)(1) introductory text, 
(n)(1)(i), (n)(1)(ii)(B), (n)(2), and (s) to read as follows:


Sec.  697.6   Dealer permits.

    (a) General. Any person who receives, for a commercial purpose 
(other than solely for transport on land), American lobster or Jonah 
crabs from the owner or operator of a vessel issued a valid permit 
under this part, or any person who receives, for a commercial purpose 
(other than solely for transport on land), American lobster or Jonah 
crabs, managed by this part, must have been issued, and have in his/her 
possession, a valid permit issued under this section.
* * * * *
    (n) Lobster and Jonah crab dealer recordkeeping and reporting 
requirements--(1) Detailed report. All federally-permitted lobster 
dealers and Jonah crab dealers, and any person acting in the capacity 
of a dealer, must submit to the Regional Administrator or to the 
official designee a detailed report of all fish purchased or received 
for a commercial purpose, other than solely for transport on land, 
within the time periods specified in paragraph (q) of this section, or 
as specified in Sec.  648.7(a)(1)(f) of this chapter, whichever is most 
restrictive, by one of the available electronic reporting mechanisms 
approved by NMFS, unless otherwise directed by the Regional 
Administrator. The following information, and any other information 
required by the Regional Administrator, must be provided in each 
report:
    (i) Required information. All dealers issued a Federal lobster or 
Jonah crab dealer permit under this part must provide the following 
information, as well as any additional information as applicable under 
Sec.  648.7(a)(1)(i) of this chapter: Dealer name; dealer permit 
number; name and permit number or name and hull number (USCG 
documentation number or state registration number, whichever is 
applicable) of vessel(s) from which fish are transferred, purchased or 
received for a commercial purpose; trip identifier for each trip from 
which fish are purchased or received from a commercial fishing vessel 
permitted under part 648 of this chapter with a mandatory vessel trip 
reporting requirement; date(s) of purchases and receipts; units of 
measure and amount by species (by market category, if applicable); 
price per unit by species (by market category, if applicable) or total 
value by species (by market category, if applicable); port landed; cage 
tag numbers for surfclams and ocean quahogs, if applicable; disposition 
of the seafood product; and any other information deemed necessary by 
the Regional Administrator. If no fish are purchased or received during 
a reporting week, a report so stating must be submitted.
    (ii) * * *
    (B) When purchasing or receiving fish from a vessel landing in a 
port located outside of the Northeast Region (Maine, New Hampshire, 
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, 
Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only 
purchases or receipts of species managed by the Northeast Region under 
this part (American lobster or Jonah crab), and part 648 of this 
chapter, must be reported. Other reporting requirements may apply to 
those species not managed by the Greater Atlantic Region, which are not 
affected by this paragraph (n); and
* * * * *
    (2) System requirements. All persons required to submit reports 
under paragraph (n)(1) of this section are required to have the 
capability to transmit data via the internet. To ensure compatibility 
with the reporting system and database, dealers are required to utilize 
a personal computer, in working condition, that meets the minimum

[[Page 61580]]

specifications identified by NMFS. New dealers will be notified of the 
minimum specifications via letter during the permitting process.
* * * * *
    (s) Additional dealer reporting requirements. All persons issued a 
lobster dealer permit or a Jonah crab dealer permit under this part are 
subject to the reporting requirements set forth in paragraph (n) of 
this section, as well as Sec. Sec.  648.6 and 648.7 of this chapter, 
whichever is most restrictive.

0
6. In Sec.  697.7, revise paragraphs (c)(1)(i), (iii), (iv), and (xxix) 
and add paragraph (h) to read as follows:


Sec.  697.7   Prohibitions.

* * * * *
    (c) * * *
    (1) * * *
    (i) Retain on board, land, or possess at or after landing, whole 
American lobsters that fail to meet the minimum lobster carapace length 
standard specified in Sec.  697.20(a). All American lobsters will be 
subject to inspection and enforcement action, up to and including the 
time when a dealer receives or possesses American lobsters for a 
commercial purpose.
* * * * *
    (iii) Retain on board, land, or possess any berried female lobster 
specified in Sec.  697.20(d).
    (iv) Remove eggs from any berried female lobster, land, or possess 
any such lobster from which eggs have been removed. No person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec.  697.4 or a vessel or person holding a State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec.  697.24 may land or possess any 
lobster that has come in contact with any substance capable of removing 
lobster eggs.
* * * * *
    (xxix) Retain on board, land, or possess at or after landing, whole 
American lobsters that exceed the maximum lobster carapace length 
standard specified in Sec.  697.20(b). All American lobsters will be 
subject to inspection and enforcement action, up to and including the 
time when a dealer receives or possesses American lobsters for a 
commercial purpose.
* * * * *
    (h) Jonah crab. (1) In addition to the prohibitions specified in 
Sec.  600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec.  697.4 or a vessel or person holding a valid State of 
Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec.  697.24 to do any 
of the following:
    (i) Retain on board, land, or possess at or after landing, Jonah 
crabs that fail to meet the minimum Jonah crab carapace width standard 
specified in Sec.  697.20(h)(1). All Jonah crabs will be subject to 
inspection and enforcement action, up to and including the time when a 
dealer receives or possesses Jonah crabs for a commercial purpose.
    (ii) Retain on board, land, or possess any berried female Jonah 
crabs specified in Sec.  697.20(h)(2).
    (iii) Remove eggs from any berried female Jonah crab, land, or 
possess any such Jonah crab from which eggs have been removed. No 
person owning or operating a vessel issued a Federal limited access 
American lobster permit under Sec.  697.4 or a vessel or person holding 
a State of Maine American lobster permit or license and fishing under 
the provisions of and under the areas designated in Sec.  697.24 may 
land or possess any Jonah crab that has come in contact with any 
substance capable of removing crab eggs.
    (iv) Sell, transfer, or barter or attempt to sell, transfer, or 
barter to a dealer any Jonah crabs, unless the dealer has a valid 
Federal Dealer's Permit issued under Sec.  697.6.
    (v) Fish for, take, catch, or harvest Jonah crabs on a fishing trip 
in or from the EEZ by a method other than traps, in excess of up to 
1,000 crabs per trip, unless otherwise restricted by paragraph 
(h)(2)(i)(C) of this section.
    (vi) Possess, retain on board, or land Jonah crabs by a vessel with 
any non-trap gear on board capable of catching Jonah crabs, in excess 
of up to 1,000 crabs per trip, unless otherwise restricted by paragraph 
(h)(2)(i)(C) of this section.
    (vii) Transfer or attempt to transfer Jonah crabs from one vessel 
to another vessel.
    (2) In addition to the prohibitions specified in Sec.  600.725 of 
this chapter and the prohibitions specified in paragraph (h)(1) of this 
section, it is unlawful for any person to do any of the following:
    (i) Retain on board, land, or possess Jonah crabs unless:
    (A) The Jonah crabs were harvested by a vessel that has been issued 
and carries on board a valid Federal limited access American lobster 
permit under Sec.  697.4; or
    (B) The Jonah crabs were harvested in state waters by a vessel 
without a valid Federal limited access American lobster permit; or
    (C) The Jonah crabs were harvested by a charter boat, head boat, or 
commercial dive vessel that possesses 50 or fewer Jonah crabs per 
person on board the vessel (including captain and crew) and the Jonah 
crabs are not intended to be, or are not, traded, bartered, or sold; or
    (D) The Jonah crabs were harvested for recreational purposes by a 
recreational fishing vessel; or
    (E) The Jonah crabs were harvested by a vessel or person holding a 
valid State of Maine American lobster permit or license and is fishing 
under the provisions of and in the areas designated in Sec.  697.24.
    (ii) Sell, barter, or trade, or otherwise transfer, or attempt to 
sell, barter, or trade, or otherwise transfer, for a commercial 
purpose, any Jonah crabs from a vessel, unless the vessel has been 
issued a valid Federal limited access American lobster permit under 
Sec.  697.4, or the Jonah crabs were harvested by a vessel without a 
valid Federal limited access American lobster permit that fishes for 
Jonah crabs exclusively in state waters or unless the vessel or person 
holds a valid State of Maine American lobster permit or license and 
that is fishing under the provisions of and in the areas designated in 
Sec.  697.24.
    (iii) To be, or act as, an operator of a vessel fishing for or 
possessing Jonah crabs in or from the EEZ, or issued a Federal limited 
access American lobster permit under Sec.  697.4, without having been 
issued and possessing a valid operator's permit under Sec.  697.5.
    (iv) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, as, 
or in the capacity of, a dealer, Jonah crabs taken from or harvested by 
a fishing vessel issued a Federal limited access American lobster 
permit, unless in possession of a valid dealer's permit issued under 
Sec.  697.6.
    (v) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, as, or in the 
capacity of, a dealer, Jonah crabs caught by a vessel other than one 
issued a valid Federal limited access American lobster permit under 
Sec.  697.4, or one holding or owned or operated by one holding a valid 
State of Maine American lobster permit or license and fishing under the 
provisions of and in the areas designated in Sec.  697.24, unless the 
Jonah crabs were harvested by a vessel without a Federal limited access 
American lobster permit and that fishes for Jonah crabs exclusively in 
state waters.
    (vi) Make any false statement, oral or written, to an authorized 
officer, concerning the taking, catching,

[[Page 61581]]

harvesting, landing, purchase, sale, or transfer of any Jonah crabs.
    (vii) Violate any provision of this part, the ACFCMA, the Magnuson-
Stevens Act, or any regulation, permit, or notification issued under 
this part, the ACFCMA, or the Magnuson-Stevens Act.
    (viii) Retain on board, land, or possess any Jonah crabs harvested 
in or from the EEZ in violation of Sec.  697.20.
    (ix) Ship, transport, offer for sale, sell, or purchase, in 
interstate or foreign commerce, any whole live Jonah crabs in violation 
of Sec.  697.20.
    (x) Violate any terms of a letter authorizing exempted fishing 
pursuant to Sec.  697.22 or to fail to keep such letter aboard the 
vessel during the time period of the exempted fishing.
    (xi) Possess, deploy, fish with, haul, harvest Jonah crabs from, or 
carry aboard a vessel any lobster trap gear on a fishing trip in the 
EEZ on a vessel that fishes for, takes, catches, or harvests Jonah 
crabs by a method other than lobster traps.
    (xii) Fish for, take, catch, or harvest Jonah crabs on a fishing 
trip in the EEZ by a method other than traps, in excess of up to 1,000 
crabs per trip, unless otherwise restricted by paragraph (h)(2)(i)(C) 
of this section.
    (xiii) Possess, retain on board, or land Jonah crabs by a vessel 
with any non-trap gear on board capable of catching lobsters, in excess 
of up to 1,000 crabs per trip, unless otherwise restricted by paragraph 
(h)(2)(i)(C) of this section.
    (xiv) Transfer or attempt to transfer Jonah crabs from one vessel 
to another vessel.
    (xv) Fail to comply with dealer record keeping and reporting 
requirements as specified in Sec.  697.6.
    (3) Any person possessing, or landing Jonah crabs at or prior to 
the time when those Jonah crabs are landed, or are received or 
possessed by a dealer for the first time, is subject to all of the 
prohibitions specified in paragraph (g) of this section, unless the 
Jonah crabs were harvested by a vessel without a Federal limited access 
American lobster permit and that fishes for Jonah crabs exclusively in 
state waters; or are from a charter, head, or commercial dive vessel 
that possesses or possessed 50 or fewer Jonah crabs per person aboard 
the vessel and the Jonah crabs are not intended for sale, trade, or 
barter; or are from a recreational fishing vessel.
    (i) Jonah crabs that are possessed, or landed at or prior to the 
time when the Jonah crabs are received by a dealer, or Jonah crabs that 
are possessed by a dealer, are presumed to have been harvested from the 
EEZ or by a vessel with a Federal limited access American lobster 
permit. A preponderance of all submitted evidence that such Jonah crabs 
were harvested by a vessel without a Federal limited access American 
lobster permit and fishing exclusively for Jonah crabs in state or 
foreign waters will be sufficient to rebut this presumption.
    (ii) The possession of egg-bearing female Jonah crabs in violation 
of the requirements set forth in Sec.  697.20(h)(1) or Jonah crabs that 
are smaller than the minimum sizes set forth in Sec.  697.20(h)(2), 
will be prima facie evidence that such Jonah crabs were taken or 
imported in violation of these regulations. A preponderance of all 
submitted evidence that such Jonah crabs were harvested by a vessel not 
holding a permit under this part and fishing exclusively within state 
or foreign waters will be sufficient to rebut the presumption.

0
7. Section 697.17 is revised to read as follows:


Sec.  697.17   Non-trap harvest restrictions.

    (a) Non-trap lobster landing limits. In addition to the 
prohibitions set forth in Sec.  600.725 of this chapter, it is unlawful 
for a vessel with any non-trap gear on board capable of catching 
lobsters, or, that fishes for, takes, catches, or harvests lobster on a 
fishing trip in or from the EEZ by a method other than traps, to 
possess, retain on board, or land, in excess of 100 lobsters (or parts 
thereof), for each lobster day-at-sea or part of a lobster day-at-sea, 
up to a maximum of 500 lobsters (or parts thereof) for any one trip, 
unless otherwise restricted by Sec.  648.80(a)(3)(i), (a)(4)(i)(A), 
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), or (b)(3)(ii) of 
this chapter or Sec.  697.7(c)(2)(i)(C).
    (b) Trap prohibition for non-trap lobster harvesters. All persons 
that fish for, take, catch, or harvest lobsters on a fishing trip in or 
from the EEZ are prohibited from transferring or attempting to transfer 
American lobster from one vessel to another vessel.
    (c) Trap prohibition for non-trap lobster vessels. Any vessel on a 
fishing trip in the EEZ that fishes for, takes, catches, or harvests 
lobster by a method other than traps may not possess on board, deploy, 
fish with, or haul back traps.
    (d) Non-trap Jonah crab landing limits. In addition to the 
prohibitions set forth in Sec.  600.725 of this chapter, it is unlawful 
for a vessel with any non-trap gear on board that fishes for, takes, 
catches, or harvests Jonah crabs on a fishing trip in or from the EEZ 
by a method other than traps, to possess, retain on board, or land, in 
excess of up to 1,000 Jonah crabs (or parts thereof), for each trip, 
unless otherwise restricted by Sec.  697.7.
    (e) Restrictions on fishing for, possessing, or landing fish other 
than Jonah crabs. Vessels are prohibited from possessing or landing 
Jonah crabs in excess of 50 percent, by weight, of all other species on 
board.
    (f) Trap prohibition for non-trap Jonah crab harvesters. All 
persons that fish for, take, catch, or harvest Jonah crabs on a fishing 
trip in or from the EEZ are prohibited from transferring or attempting 
to transfer Jonah crabs from one vessel to another vessel.

0
8. In Sec.  697.20, revise paragraph (a), (b), and (d), and add 
paragraph (h) to read as follows:


Sec.  697.20   Size, harvesting and landing requirements.

    (a) Minimum lobster carapace length. (1) The minimum lobster 
carapace length for all American lobsters harvested in or from the EEZ 
Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 
3\1/4\ inches (8.26 cm).
    (2) The minimum lobster carapace length for all American lobsters 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in the 
Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 3 
3\1/4\ inches (8.26 cm).
    (3) The minimum lobster carapace length for all American lobsters 
harvested in or from the EEZ Nearshore Management Area 2, 4, 5 and the 
Outer Cape Lobster Management Area is 3\3/8\ inches (8.57 cm).
    (4) The minimum lobster carapace length for all American lobsters 
landed, harvested or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in EEZ 
Nearshore Management Area 2, 4, 5 and the Outer Cape Lobster Management 
Area is 3\3/8\ inches (8.57 cm).
    (5) Through April 30, 2015, the minimum lobster carapace length for 
all American lobsters harvested in or from the Offshore Management Area 
3 is 3\1/2\ inches (8.89 cm).
    (6) Through April 30, 2015, the minimum lobster carapace length for 
all American lobsters landed, harvested or possessed by vessels issued 
a Federal limited access American lobster permit fishing in or electing 
to fish in EEZ Offshore Management Area 3 is 3\1/2\ inches (8.89 cm).
    (7) Effective May 1, 2015, the minimum lobster carapace length for 
all American lobsters harvested in or from

[[Page 61582]]

the Offshore Management Area 3 is 3\17/32\ inches (8.97 cm).
    (8) Effective May 1, 2015, the minimum lobster carapace length for 
all American lobsters landed, harvested, or possessed by vessels issued 
a Federal limited access American lobster permit fishing in or electing 
to fish in EEZ Offshore Management Area 3 is 3\17/32\ inches (8.97 cm).
    (9) No person may ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any whole live American 
lobster that is smaller than the minimum size specified in paragraph 
(a) of this section.
    (b) Maximum lobster carapace length. (1) The maximum lobster 
carapace length for all American lobster harvested in or from the EEZ 
Nearshore Management Area 1 is 5 inches (12.7 cm).
    (2) The maximum lobster carapace length for all American lobster 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in the 
EEZ Nearshore Management Area 1 is 5 inches (12.7 cm).
    (3) The maximum lobster carapace length for all American lobster 
harvested in or from the EEZ Nearshore Management Areas 2, 4, 5, and 6 
is 5\1/4\ inches (13.34 cm).
    (4) The maximum lobster carapace length for all American lobster 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in one or 
more of EEZ Nearshore Management Areas 2, 4, 5, and 6 is 5\1/4\ inches 
(13.34 cm).
    (5) The maximum lobster carapace length for all American lobster 
harvested in or from EEZ Offshore Management Area 3 or the Outer Cape 
Lobster Management Area is 6\3/4\ inches (17.15 cm).
    (6) The maximum lobster carapace length for all American lobster 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in EEZ 
Offshore Management Area 3 or the Outer Cape Lobster Management Area is 
6\3/4\ inches (17.15 cm).
* * * * *
    (d) Berried female lobsters. (1) Any berried female lobster 
harvested in or from the EEZ must be returned to the sea immediately. 
If any berried female lobster is harvested in or from the EEZ Nearshore 
Management Areas 1, 2, 4, or 5, or in or from the EEZ Offshore 
Management Area 3, north of 42[deg] 30' North latitude, it must be v-
notched before being returned to sea immediately.
    (2) Any berried female lobster harvested or possessed by a vessel 
issued a Federal limited access lobster permit must be returned to the 
sea immediately. If any berried female lobster is harvested in or from 
the EEZ Nearshore Management Areas 1, 2, 4, or 5, or in or from the EEZ 
Offshore Management Area 3, north of 42[deg] 30' North latitude, it 
must be v-notched before being returned to sea immediately.
    (3) No vessel, or owner, operator or person aboard a vessel issued 
a Federal limited access American lobster permit may possess any 
berried female lobster.
    (4) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any berried female 
lobster as specified in paragraph (d) of this section.
* * * * *
    (h) Jonah crabs--(1) Minimum Jonah crab carapace width. The minimum 
Jonah crab carapace width for all Jonah crabs harvested in or from the 
EEZ 4\3/4\ inches (12.065 inches).
    (2) Berried female Jonah crabs. (i) Any berried female Jonah crab 
harvested in or from the EEZ must be returned to the sea immediately.
    (ii) No vessel, or owner, operator or person aboard a vessel issued 
a Federal limited access American lobster permit may possess any 
berried female Jonah crab.
    (iii) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any berried female 
Jonah crab as specified in paragraph (d) of this section.
    (3) Removal of eggs. (i) No person may remove, including, but not 
limited to, the forcible removal and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female Jonah crab.
    (ii) No owner, operator or person aboard a vessel issued a Federal 
limited access American lobster permit may remove, including but not 
limited to, the forcible removal, and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female Jonah crab.
    (iii) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any whole live Jonah 
crab that bears evidence of the removal of extruded eggs from its 
abdominal appendages as specified in paragraph (e) of this section.

[FR Doc. 2019-24429 Filed 11-12-19; 8:45 am]
BILLING CODE 3510-22-P