[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Proposed Rules]
[Pages 41084-41095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14596]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 220701-0149]
RIN 0648-BF01


Fisheries of the Northeastern United States; Atlantic Coastal 
Fisheries Cooperative Management Act Provisions; American Lobster 
Fishery

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

ACTION: Proposed rule; request for comments.

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SUMMARY: Based on the Atlantic States Marine Fisheries Commission's 
recommendations, we are proposing to establish individual and aggregate 
trap caps in Lobster Conservation Management Areas 2 and 3, and 
institute mandatory coastwide electronic harvester reporting for all 
Federal lobster vessels. The proposed ownership caps and trap cap 
reduction measures are intended to reduce fishing exploitation and 
latent effort in the trap fishery by scaling the fishery to the size of 
the Southern New England lobster

[[Page 41085]]

stock. The proposed harvester reporting requirement is intended to 
improve the spatial resolution of harvester data, and improve and 
expand the collection of fishery effort data. This action is necessary 
to ensure fishery regulations for the lobster fishery in Federal waters 
remain compatible with the intent of the Commission's Interstate 
Fishery Management Plan for American Lobster and consistent with the 
Atlantic Coastal Fisheries Cooperative Management Act.

DATES: Comments must be received on or before August 10, 2022.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2022-0032, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0032'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personally identifiable 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields, if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to (enter office name) and to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.

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

SUPPLEMENTARY INFORMATION:

Background

Statutory Authority

    The proposed regulations would modify Federal lobster fishery 
management measures in the Exclusive Economic Zone (EEZ) under the 
authority of section 803(b) of the Atlantic Coastal Fisheries 
Cooperative Management Act (16 U.S.C. 5101 et seq.), which states, in 
the absence of an approved and implemented Fishery Management Plan 
under the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) and, after consultation with the appropriate 
fishery management council(s), the Secretary of Commerce may implement 
regulations to govern fishing in the EEZ, from 3 to 200 nautical miles 
offshore. The regulations must be: (1) Compatible with the effective 
implementation of an Interstate Fishery Management Plan developed by 
the Atlantic States Marine Fisheries Commission; and (2) consistent 
with the National Standards set forth in section 301 of the Magnuson-
Stevens Act.

Purpose and Need for Management

    The purpose of the proposed action is to manage the American 
lobster fishery in a manner that maximizes resource sustainability, 
recognizing that Federal management occurs in concert with state 
management, and thus, that compatibility between state and Federal 
measures is crucial to the overall success of American lobster 
management. To achieve this purpose, we are responding to state 
management measures to address poor stock conditions and persistent 
recruitment failure of the Southern New England (SNE) American lobster 
stock. We are also responding to efforts to improve the spatial 
resolution of harvester data, and improve and expand the collection of 
fishery effort data. We request public comment and data on the 
potential impact of the proposed provisions given the need for 
compatibility with state measures and the need to address the declining 
SNE American lobster stock.

Background

    The American lobster fishery is managed by the Commission under 
Amendment 3 to the Interstate Fishery Management Plan for American 
Lobster. Since 1997, the Commission has coordinated the efforts of the 
states and Federal Government toward sustainable management of the 
American lobster fishery. We manage the portion of the fishery 
conducted in Federal waters from 3 to 200 miles offshore, based on 
management recommendations made by the Commission.
    The American lobster management unit is divided between two lobster 
stocks and seven Lobster Conservation Management Areas. There have been 
a number of stock assessments over the last decade--the most recent 
being in 2020--but the 2009 stock assessment was a critical starting 
point for much of what is being proposed in this action. The 2009 stock 
assessment indicated that the SNE American lobster stock, which 
includes all or part of six Areas, was at a low level of abundance and 
was experiencing persistent recruitment failure caused by a combination 
of environmental factors and continued fishing mortality. The 2015 and 
2020 assessments have since yielded similar results.
    To address the poor condition of the SNE stock, the Commission 
adopted Addenda XXI and XXII in 2013 as part of an attempt to scale the 
SNE fishery to the diminished size of the SNE resource. These addenda 
were developed to address latent effort in the fishery and, by reducing 
trap limits to reduce harvest, allow for potential stock rebuilding. We 
temporarily delayed this rulemaking action from 2016 through 2017 
because the Commission was contemplating additional measures to address 
the poor condition of the SNE stock in Addendum XXV. We did not want to 
initiate a regulatory regime that the Commission might eventually seek 
to rescind. Ultimately, the Commission abandoned Addendum XXV. We again 
began development of Federal waters Addenda XXI and XXII measures.
    While we were developing this action, the Commission adopted 
Addendum XXVI in February 2018, which aimed at improving harvester 
reporting and biological data collection in state and Federal waters. 
Addendum XXVI intends to improve the spatial resolution of harvester 
data, improve and expand the collection of fishery effort data, and 
obtain better data on the offshore fishery and lobster stock through 
increased biological sampling. This proposed rule also seeks to 
implement elements of Addendum XXVI into Federal regulations. Copies of 
the addenda are available on the Commission's website at: https://www.asmfc.org.

Proposed Measures

Area 2 Measures

    In Area 2, we propose an ownership cap that would restrict a 
Federal permit holder to 800 active Area 2 traps, effective on May 1, 
2024. This measure complements the Commission's Area 2 recommendations 
in Addendum XXI, but does not propose the specific Area 2 measures as 
originally envisioned. The Commission intended Addendum XXI measures be 
implemented in conjunction with the 2016-2021 Area 2 trap reductions, 
which were completed as of May 1, 2021. We request comment on whether 
these proposed measures meet the Commission's intent, given the current 
state of the Area 2 fishery.

[[Page 41086]]

    When approved by the Commission in 2013, Addendum XXI included 
three main provisions for the Area 2 fishery:
    1. A `single ownership or individual permit cap' that would allow 
an entity, in this case a Federal vessel, an allocation of no more than 
1,600 traps (800 active traps and 800 banked traps). In effect, this 
would allow for the banking of traps above and beyond the Area's 
maximum trap cap under one permit.
    2. An `aggregate ownership cap' intended to reduce the chance of 
any entity exerting significant control over the markets and to 
maintain cultural and geographic diversity in the fishery that would 
limit each entity to an allocation of not more than 1,600 Area 2 
lobster traps (800 active and 800 banked), regardless of the overall 
number of permits held by a single entity. The addendum did not provide 
a specific definition of an entity, but we propose below to use a 
definition that is consistent with the definition used in other 
federally managed Greater Atlantic Regional Fisheries Office (GARFO) 
fisheries; and
    3. A `sunset provision' for the single ownership cap, which would 
revert the allocation cap to no more than 800 Area 2 traps, effective 
two years after the last Addendum XVIII trap reduction (May 1, 2023).
    The Commission intended its Area 2 measures to allow a permit 
holder the ability to acquire a total of 1,600 Area 2 lobster traps 
(800 active and 800 `banked') on one permit by purchasing traps in 
excess of the 800 active-trap limit through the annual trap transfer 
program. As the Area 2 allocations were reduced by annual 2016-2021 
trap cuts, the permit holder could activate these excess or `banked' 
traps to maintain their vessel's former allocation of fishable traps, 
without incurring a repeated 10-percent conservation tax associated 
with the trap transfer program (although the 10-percent conservation 
tax would nevertheless apply when initially purchased). When the trap 
reductions were completed, the sunset clause was intended to give 
permit holders two years to make any final adjustments to their active 
allocations using banked traps. After the two-year adjustment period, 
banked traps would be eliminated and a permit holder would be limited 
to the active allocations associated with their Area 2 permits, not to 
exceed 800 Area 2 traps, as the ownership cap would revert to 800 
traps. This was intended to eliminate from the fishery any unused or 
latent traps that had been banked and revert Area 2 to an owner/
operator fishery. Permit holders could still use the Trap Transfer 
Program after banking is eliminated to make further adjustments to 
their active trap allocations through purchase or sale agreements with 
other Federal lobster permit holders.
    Given that the annual 2016-2021 trap reductions are complete, trap 
`banking' provisions of Addendum XXI are no longer a necessary element 
of the Area 2 management plan. Our proposed ownership cap of 800 active 
Area 2 traps, effective on May 1, 2024, incorporates elements of the 
Addendum XXI within the current context of the fishery. Despite 
excluding the now-moot banking recommendation, this proposed cap makes 
an effort to realize the ultimate desired outcome of Addendum XXI: 
Implementing the `aggregate ownership cap' by restricting an entity 
holding an Area 2 permit, defined as persons who are shareholders in a 
vessel owned by a corporation, who are partners (general or limited) to 
a vessel owner, or who, in any way, partly own a vessel, to 800 active 
Area 2 traps at the end of a two-year adjustment period. The Addendum 
also included a provision whereby an entity owning two or more permits 
(i.e., 1,600 traps) would be allowed to retain those permits and traps, 
but may not own or share ownership of any additional permits.
    The provisions of Addendum XXI allow a two-year sunset clause, 
whereby all banked allocation is eliminated. With banking no longer a 
necessary element of the Area 2 plan, the sunset clause will not act to 
eliminate residual allocation, but here we consider its implementation 
as a means of offering another tool for adjusting allocations prior to 
finalizing the active ownership cap. Therefore, the proposed rule would 
cap all entities at 800 active traps two years after the last wave of 
trap reductions (i.e., May 1, 2024), regardless of the number of 
individual permits owned. This option would further restrict the 
fishery by establishing a de facto owner/operator fishery. That is, a 
single entity would be restricted to fish no more than 800 traps, 
regardless of how many permits they owned. In other words, this action 
would not take away federal lobster permits, but an entity would be 
limited to fishing no more than 800 traps no matter how many Federal 
lobster permits the entity owned.
    Addendum XXI originally included a provision that would allow an 
entity owning two or more permits (i.e., 1,600 traps) as of 2003 to 
retain those permits and traps, but they would not be allowed to expand 
further by owning or sharing ownership of any additional permits. Our 
analysis indicates that, as of 2018, only five entities with Area 2 
permits exceeded this limit of two or more permits. Given that the vast 
majority of the Area 2 fishery remains owner/operator, these five 
entities are an extremely small portion of the fishery and allowing 
them to fish at status quo levels will not undermine the purpose and 
need for this rule. We propose to allow all five entities to retain 
these permits and traps, but prevent these entities from ownership in 
additional permits and traps. We believe these proposed Area 2 measures 
are consistent with the Commission's intent to maintain an owner/
operator fishery without unnecessarily restricting entry and exit of 
operators or negatively affecting fishing communities in Area 2 and 
request specific comment on this proposal.

Area 3 Measures

    In Area 3, we propose a reduction of the existing active trap cap 
from 1,945 traps to 1,548 traps, over the course of three fishing years 
(i.e., 2023, 2024, and 2025). We also propose establishing an aggregate 
ownership cap that would continue to allow a permit holder to 
accumulate and hold as many permits as they desired, but that would 
nevertheless cap the number of traps a permit holder could fish to the 
equivalent of five times the active trap cap. The aggregate ownership 
cap would be reduced over three years, in proportion to the active trap 
cap reduction, as summarized in Table 1. For permit holders who 
currently exceed the proposed limits, we propose to cap their 
allocations at current levels as of the publication of this proposed 
rule and prohibit them from exceeding this level.

 Table 1--Area 3 Active Trap Cap and Aggregate Ownership Cap Reductions
------------------------------------------------------------------------
                                            Active trap      Aggregate
              Fishing year                      cap        ownership cap
------------------------------------------------------------------------
2021 (current limits)...................           1,945             n/a
2023....................................           1,805           9,025
2024....................................           1,629           8,145
2025....................................           1,548           7,740
------------------------------------------------------------------------

    These measures would complement the Commission's recommendations in 
Addenda XXI and XXII, but do not propose the Area 3 measures as 
originally envisioned. The differences are minor and are due to the 
addenda's intention to be implemented in conjunction with the 2016-2020 
Area 3 trap reductions, which were completed

[[Page 41087]]

on May 1, 2020. We request comment on whether these proposed measures 
meet the Commission's intent given the current state of the Area 3 
fishery.
    Addenda XXI and XXII included the following provisions for Area 3:
    1. A reduction in the active trap cap of 5 percent per year over 
five years, from 2,000 traps to 1,548 traps. (The current Federal Area 
3 active trap cap is 1,945 traps and would start from this slightly 
lower trap level.)
    2. An `individual permit cap' that would allow a permit holder to 
bank traps in excess of the active trap cap for one permit. The 
individual permit cap would be lowered over five years, proportionate 
to the active trap cap reductions; and
    3. An `aggregate ownership cap' that would limit each entity to an 
allocation of not more than 5 times the individual permit cap. The 
addendum did not provide a specific definition of an entity, but we 
propose below to use a definition that is consistent with the 
definition used in other federally managed GARFO fisheries. The 
aggregate ownership cap would be lowered over five years, commensurate 
with the active trap cap reductions.
    The Commission intended the active trap cap reductions to scale the 
size of the Area 3 fishery to the stock and to prevent consolidation. 
As with Area 2, the Commission intended its Area 3 individual permit 
cap to allow harvesters the ability to acquire traps in excess of the 
active trap limit through the annual trap transfer program and activate 
``banked'' traps during the 2016-2020 trap cuts, thus maintaining the 
permit's former allocation of fishable traps, without incurring an 
additional 10-percent conservation tax associated with the initial trap 
transfer. Finally, the aggregate ownership cap was intended as another 
tool to help prevent excessive consolidation of the Area 3 fishery.
    Given that the annual 2016-2020 trap reductions are complete, the 
individual permit cap or trap `banking' provisions of Addendum XXII are 
no longer a necessary element of the Area 3 management plan. Further, 
because of other proposed Area 3 measures that will limit the number of 
total traps a permit holder can own, a limit on the number of permits 
is no longer necessary. Therefore, we are not proposing an individual 
permit cap.
    Instead, we propose only the active trap cap reductions, with an 
aggregate ownership cap that is equal to five times the active trap 
cap. This differs slightly from the Commission's original 
recommendation, but it nevertheless remains consistent with the 
Commission's intent to limit future consolidation. And more to the 
point, it acts upon Addenda XXI and XXII recommendations within the 
current context of the fishery. If approved, permit holders would be 
allowed to use transferability to adjust their allocations.
    Understanding the desire by industry to implement these reductions 
as soon as possible, and being aware that these reductions count toward 
Area 3 risk reduction measures implemented in the Atlantic Large Whale 
Take Reduction Plan final rule (86 FR 51970, September 17, 2021), we 
propose to implement these reductions on an accelerated schedule 
relative to the Commission's recommendation, achieving the reductions 
over three years instead of five years. We request comment on this 
reduction schedule.

Mandatory Reporting

    Currently, all commercial and for-hire fishing vessels permitted by 
GARFO, except Federal lobster permit holders, are required to submit 
vessel trip reports electronically within 48 hours of the end of a 
trip. We are proposing expand the mandatory electronic harvester 
reporting requirements to Federal lobster permit holders and add the 
collection of several additional data elements in the electronic form, 
no earlier than January 1, 2023, as recommended by the Commission. The 
submission of electronic vessel trip reports (eVTR) is being proposed 
to align the reporting requirements for Federal lobster permit holders 
with the existing reporting requirements for all other fisheries 
permitted by GARFO. As discussed above, the Commission adopted Addendum 
XXVI in February 2018 to improve the spatial resolution of harvester 
data, to improve and expand the collection of fishery effort data, and 
to obtain better data on the offshore fishery and lobster stock through 
improved biological sampling. More specifically, it recommends that we 
implement a Federal mandatory reporting requirement as soon as 
possible, and develop and use a specialized, fixed-gear reporting form 
that includes data fields for improved spatial fishery data and fishing 
effort information. It also provides specific recommendations for 
expanded sea sampling and biological sampling requirements. We 
published an advance notice of proposed rulemaking in 2018 (83 FR 
27747, June 14, 2018) to inform the public that we were considering 
implementing a mandatory harvester reporting requirement and analyzing 
it within this action. We do not intend to take action on biological 
and sea sampling recommendations at this time.
    Since that time, the New England and Mid Atlantic Fishery 
Management Councils completed, and we implemented, a joint action 
requiring all vessels holding permits under their management authority 
to submit mandatory eVTRs. In addition to changing the submission 
method, the Council's joint action advanced the submission requirement 
for all Federal fisheries under Council jurisdiction to 48 hours 
following the completion of a trip. We published a final rule (85 FR 
71575) requiring electronic submission of VTRs for Council-managed 
fisheries on November 10, 2020, and implemented this requirement for 
all limited access commercial fisheries managed by the Councils, which 
eliminated the option to submit VTRs using a paper form, on November 
10, 2021. These actions, and the recommendations of the Commission and 
others to expand harvester reporting to the lobster fleet, have 
prompted us to consider a universal approach to revising harvester 
reporting requirements.
    Therefore, we are proposing to implement mandatory trip-level 
electronic harvester reporting of existing data elements for all 
Federal lobster permit holders, beginning January 1, 2023, using the 
requirements outlined above. This action would implement consistent 
reporting requirements, methods, and timing of submission across all 
GARFO fisheries. We specifically request comment on the timing of this 
requirement. We recognize that mandating the collection of this data as 
soon as possible is essential to improve the science and management of 
the lobster fishery, to understand the co-occurrence of the fishery 
with protected species, and to support our ability to determine impacts 
from other marine activities. However, this requirement constitutes a 
change for Federal lobster permit holders. Providing sufficient time 
between this notice and implementation will be essential to ensure 
compliance with this new requirement. Thus, we request comment on an 
implementation date that balances the need for this data with 
sufficient time for industry to prepare.
    This rule also proposes the collection of several additional data 
elements in the electronic form, no earlier than January 1, 2023. In 
addition to the existing reporting elements of the Federal VTR, 
Addendum XXVI recommended that we collect Lobster Management Area 
fished, 10-minute square fished, number of traps hauled, trip length, 
and total number of buoy lines in the water. As states and NMFS moved 
to consider modifying databases

[[Page 41088]]

to accommodate the collection of these elements, the Commission 
convened a Data Working Group during 2020, consisting of state and 
Federal partners, Atlantic Coastal Cooperative Statistics Program 
(ACCSP) staff, and the Commission's lobster policy staff. The Working 
Group provided guidance for how jurisdictions should collect these 
data, which resulted in a March 8, 2021, letter recommending the 
collection of additional data elements, including: Total number of 
traps hauled by chart area; total number of traps in the water in each 
chart area fished; average number of traps per string hauled in each 
chart area fished; total number of buoy lines in each chart area 
fished; and total number of buoy lines in the water.
    We are able to derive the lobster management area and 10-minute 
square fished using the latitude/longitude information already 
collected on the eVTR. Similarly, trip length can be derived using the 
difference between date/time landed and date/time sailed, fields that 
are already collected on the eVTR. We believe that the collection of 
this information is redundant and therefore contrary to public interest 
to collect. Therefore, we are not proposing to collect these data 
elements; however, these derived data could be made available to the 
ACCSP data warehouse. We specifically request comment on the utility of 
these data elements and on the proposal to not collect these data 
elements.
    Given Addendum XXVI and the March 8, 2021, recommendations, we 
propose the collection of the following additional information:

------------------------------------------------------------------------
              Data element                         Description
------------------------------------------------------------------------
Total number of traps hauled by chart    This data element includes the
 area.                                    direct collection of the
                                          number of traps hauled in a
                                          chart area. This data element
                                          could be calculated from data
                                          that is currently collected,
                                          but has been recommended for
                                          direct collection.
Number of traps in chart area fished...  In addition to total number of
                                          traps in the water already on
                                          the VTR, this data element
                                          includes the direct collection
                                          of the number of traps in a
                                          given chart area at the
                                          beginning of each trip.
Average number of traps per string       In addition to average number
 hauled in the chart area fished.         of traps per string already on
                                          the VTR, this data element
                                          includes the average number of
                                          traps per string in the chart
                                          area fished.
Number of buoy lines in the chart area   This data element includes the
 fished.                                  direct collection of the
                                          number of buoy lines in a
                                          given chart area at the
                                          beginning of each trip.
Total number of buoy lines in the water  This data element includes the
                                          direct collection of the total
                                          number of buoy lines in the
                                          water.
------------------------------------------------------------------------

    We are proposing to require the additional data elements no sooner 
than January 1, 2023. A potential delay in implementation may be 
necessary to provide sufficient time to complete regional and ACCSP 
database and programming modifications by vendors for all currently 
approved and pending eVTR applications. We request comment on this 
delay in data collection for Federal lobster permit holders.

Proposed Corrections

    We intend to use this rule to make several regulatory corrections. 
We intend to remove several regulations that are no longer necessary, 
including:
     Area 1 participation requirements at Sec.  
697.4(a)(7)(vi);
     Outer Cape Area participation requirements at Sec.  
697.4(a)(7)(vii);
     Area 2 participation requirements at Sec.  
697.4(a)(7)(viii);
     Outdated lobster size restrictions at Sec.  697.20(a)(5) 
and (6); and
     Outdated gear marking requirements at Sec.  697.21(a)(1).
    In addition, we propose to make corrections to several regulations, 
including:
     Updating the Greater Atlantic Regional Fisheries Office 
name and address in several locations;
     Correcting management area coordinates at Sec.  697.18 and 
Sec.  697.23; and
     Trap transferability requirements at Sec.  
697.27(a)(1)(vi), allowing traps in any increment to be transferred.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Atlantic Coastal Fisheries Cooperative 
Management Act, applicable provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable law, subject to 
further consideration after public comment.
    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. A summary of the analysis follows. A copy of 
this analysis is available from NMFS (see ADDRESSES).

Description of the Reasons Why Action by the Agency is Being Considered

    In response to the continued decline of the SNE lobster stock, the 
Commission approved Addenda XXI and XXII to revise the Areas 2 and 3 
management programs. In addition, the Commission approved Addendum XXVI 
to improve data collection programs. The Commission recommended that 
Federal government to implement measures consistent with these addenda. 
To the extent practicable, we aim to implement regulations consistent 
with Commission recommendations, and those promulgated by our partner 
states.

Statement of the Objectives of, and Legal Basis for, this Proposed Rule

    The objective of this action is to adjust American lobster 
management in response Addenda XXI, XXII, and XXVI to the American 
Lobster Plan. The purpose of the proposed measures is to manage the 
Federal lobster fishery in a manner consistent with:
     The Atlantic Coastal Act;
     the National Standards of the Magnuson-Stevens Act;
     the Jonah Crab Plan;
     states laws and regulations;
     and other applicable Federal laws.
    The legal basis for the proposed action is the American Lobster 
Plan and promulgating regulations at part 697.

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    As of June 1, 2021, NMFS had issued 2,291 Federal American lobster 
permits that are potentially regulated by this action. The Area 2 
preferred alternative would apply to 131 Federal permits, and the Area 
3 preferred alternatives would apply to 82 Federal permits. The 
reporting requirements preferred alternative would apply to all 2,291 
Federal American lobster permits, though many of these permit holders 
are already subject to electronic trip reporting pursuant to the 
Council action described above.

[[Page 41089]]

    Each vessel may be individually owned or part of a larger corporate 
ownership structure, and for RFA purposes, it is the ownership entity 
that is ultimately regulated by the proposed action. Ownership entities 
are identified on June 1st of each year based on the list of all permit 
numbers, for the most recent complete calendar year, that have applied 
for any type of Greater Atlantic Region Federal fishing permit. The 
current ownership data set is based on calendar year 2020 permits and 
contains gross sales associated with those permits for calendar years 
2018 through 2020.
    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 Small Business Administration 
(SBA) has established size standards for all other major industry 
sectors in the U.S., including for-hire fishing (NAICS code 487210). 
These entities are classified as small businesses if combined annual 
receipts are not in excess of $8.0 million for all its affiliated 
operations. Similar to permit data, the annual average of the three 
most recent years (2018-2020) is used in determining annual receipts 
for fishing and for-hire businesses.
    Ownership data collected from permit holders indicates that there 
are 2,025 distinct business entities that hold at least one Federal 
permit regulated by the proposed action. All 2,025 business entities 
identified could be directly regulated by this proposed action. Of 
these 2,025 entities, 1,685 are commercial fishing entities, 6 are for-
hire entities, and 334 did not have revenues (i.e., were inactive in 
2020). Of the 1,685 commercial fishing entities, 1,677 are categorized 
as small entities and 8 are categorized as large entities, per the NMFS 
guidelines. All six for-hire entities are categorized as small 
businesses.
    The proposed Area 2 cap of 800 traps is at or higher than most 
entities' trap allocations, and all entities in excess of the preferred 
cap will be able to retain their current allocation. Thus, no costs are 
expected. The proposed Area 3 ownership caps are similarly largely set 
higher than most entities' allocations and all entities in excess of 
the preferred cap will be able to retain their current allocation. The 
active trap cap reduction may result in the loss of some traps, 
reducing fishing revenues and profits for fishing businesses. The loss 
in fishing profit from retired traps is estimated to be between 
$307,000 and $419,000, assuming a profit margin of 5 percent. For 
harvester reporting, the GARFO supported application for eVTRs is free 
of charge, and most individuals in the fishery own a device which can 
be used to submit eVTRs, wage hours are summarized below. We request 
comments on the assumptions underlying losses due to the proposal, 
including assumptions that no entities will go out of business due to 
the proposal and that entities are able to cover fixed costs on 
diminished revenues.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

    This action contains a new reporting and recordkeeping requirements 
for Federal American lobster permit holders that would involve costs to 
vessels to catch lobsters. Vessels would be required to complete a 
Federal vessel trip report at sea and submit the report electronically 
to GARFO within 48 hours of returning to port. Costs in terms of burden 
is estimated to be 7 minutes per report, or 10,065 burden hours total. 
With a mean hourly wage of $14.49 dollars, total wage burden costs are 
$155,586.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    This action does not duplicate, overlap, or conflict with any other 
federal laws.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    Most alternatives analyzed in the draft environmental assessment 
minimize impacts of the proposed action on small entities. A no action 
alternative was analyzed for Area 2, Area 3 and reporting measures, all 
of which maintain the status quo and do not increase costs. Non-
preferred alternatives were also proposed for each measures. For Area 
2, the non-preferred alternative of implementing an ownership trap cap 
of 1,600 traps was expected to have similar impacts, and thus no costs. 
For Area 3, non-preferred alternatives included alternate ownership 
caps and applying historic control dates to the implementation of the 
ownership caps. The alternative ownership caps are expected to result 
in similar impacts, as the same entities exceed both the preferred and 
non-preferred ownership caps. The application of historic control dates 
would be more costly, as they would have impacted more traps. For 
harvester reporting, the non-preferred alternative included a paper 
reporting option which would have increased costs (associated with 
mailing forms).
    Given the current state of the Area management programs, the 
alternatives remain consistent with the Commission's recommendations 
but do not consider implemented outdated management measures (i.e., 
trap banking). Further, the preferred reporting alternative would 
leverage technology to minimize the burden of completing and 
submitting/mailing paper Federal vessel trip reports. We request public 
comment on all alternatives.

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This rule includes a temporary information collection. The 
collection-of-information requirement in this proposed rule relates to 
the collection under Control Number 0648-0212, ``Greater Atlantic 
Region Logbook Family of Forms.'' However, due to multiple concurrent 
actions for that collection, the collection-of-information requirement 
in this proposed rule will be assigned a temporary Control Number that 
will later be merged into Control Number 0648-0212. Public reporting 
burden for eVTRs is estimated to average 7 minutes (0.117 hours), 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspects of the collection of information at 
www.reginfo.gov/public/do/PRAMain.

[[Page 41090]]

    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a 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.

    Dated: July 5, 2022.
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 
proposed to be 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. 1501 et seq.

0
2. In Sec.  697.2, remove the definition for ``Qualifying Year'' and 
revise the definition for ``Regional Administrator'' to read as 
follows:


Sec.  697.2   Definitions.

* * * * *
    Regional Administrator, means Regional Administrator, Greater 
Atlantic Region, NMFS, or Regional Administrator, Southeast Region, 
NMFS, whichever has the applicable jurisdiction, or a respective 
designee.
* * * * *
0
3. In Sec.  697.4,
0
a. Revise paragraph (a)(1) introductory text, and paragraphs (a)(7)(i) 
and (ii), and (d)(1);
0
b. Remove and reserve paragraphs (a)(7)(vi) through (viii);
0
c. Revise paragraph (f)(1)(i);
0
d. Remove paragraph (f)(1)(v); and
0
e. Add paragraph (q).
    The revisions and addition read as follows:


Sec.  697.4   Vessel permits and trap tags.

    (a) * * *
    (1) Eligibility. To be eligible for issuance or renewal of a 
Federal limited access lobster permit, a vessel must:
* * * * *
    (7) * * *
    (i) It is unlawful for vessels issued a limited access American 
lobster permit fishing with traps, to retain on board, land, or possess 
American lobster in or from the management areas specified in Sec.  
697.18, unless such fishing vessel has been issued a valid management 
area designation certificate or valid limited access American lobster 
permit specifying such management area(s).
    (ii) Each owner of a fishing vessel that fishes with traps capable 
of catching lobster must declare to NMFS in his/her annual application 
for permit renewal which management areas, as described in Sec.  
697.18, the vessel will fish in for lobster with trap gear during that 
fishing season. A permit federal lobster permit holder may declare into 
Lobster Conservation Management Areas 1, 2, 3, 4, 5, and/or the Outer 
Cape Management Area to fish with traps, only in the following two 
circumstances:
    (A) The NOAA Regional Administrator previously qualified the permit 
into the requested area as part of the Area 1, 2, 3, 4, 5 and/or Outer 
Cape Cod Limited Access Program during the initial limited access area 
qualification process; and/or
    (B) The permit holder, even if the permit has not qualified as 
described in paragraph (a)(7)(ii)(A) of this section, is seeking access 
to Area 2, 3, and/or the Outer Cape Area based upon ownership of traps 
acquired as part of the Trap Transfer Program, described in Sec.  
697.27, that the NOAA Regional Administrator has previously qualified 
and allocated under the Area 2, 3, and/or Outer Cape Cod Limited Access 
Programs.
* * * * *
    (d) * * *
    (1) Any lobster trap fished in Federal waters must have a valid 
Federal lobster trap tag permanently attached to the trap bridge or 
central cross-member, unless exempt under Sec.  697.26.
* * * * *
    (f) * * *
    (1) * * *
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and the 
applicant has submitted all applicable reports specified in paragraph 
(q) of this section.
* * * * *
    (q) Fishing Vessel Trip Reports--(1) Information to be Submitted. 
All federally permitted lobster vessels must maintain onboard the 
vessel, and submit an electronic fishing log to NMFS for each fishing 
trip. Both the vessel permit owner and the vessel permit operator are 
responsible for ensuring the report is accurate and is filed. The 
report must be filed regardless of species fished for or taken during 
the trip and this report-must be entered into and submitted through a 
software application approved by NMFS. The report must contain the 
following information:
    (i) Vessel name;
    (ii) USCG documentation number (or state registration number, if 
undocumented);
    (iii) Permit number;
    (iv) Date/time left port on fishing trip;
    (v) Date/time returned from port on fishing trip;
    (vi) Trip type (commercial, recreational, party, or charter);
    (vii) Number of crew;
    (viii) Number of anglers (if a charter or party boat);
    (ix) Gear fished;
    (x) Lobster trawl/string information;
    (A) Total number of trawls/strings in the water;
    (B) Average number of pots per trawl/string;
    (C) Total number of pots in the water;
    (xi) Entrance (ring/hoop) size;
    (xii) Chart area fished, based on the location of the start of haul 
back begins;
    (xiii) Latitude/longitude where the majority of fishing effort 
occurred;
    (xiv) Average depth where the majority of fishing effort occurred;
    (xv) Total number of strings hauled per chart area per trip;
    (xvi) Average soak time per trawl/string;
    (xvii) Hail weight, in pounds (or count of individual fish, if a 
party or charter vessel), by species, of all species, or parts of 
species;
    (xviii) Dealer permit number;
    (xix) Dealer name;
    (xx) Date sold, port and state landed; and
    (xxi) Vessel operator's name, signature, and operator's permit 
number (if applicable).
    (xxii) Total number of traps hauled by chart area;
    (xxiii) Number of traps in chart area fished;
    (xxiv) Average number of traps per string hauled in the chart area 
fished;
    (xxv) Number of buoy lines in the chart area fished; and
    (xxvi) Total number of buoy lines in the water.
    (2) When to fill out a vessel trip report. Vessel trip reports 
required by paragraph (q)(1)(i) of this section must be filled out with 
all required information, except for information not yet ascertainable, 
prior to entering port. Information that may be considered 
unascertainable prior to entering port includes dealer name, dealer 
permit number, and date sold. Vessel trip reports must be completed as 
soon as the missing information is ascertained.
    (3) Inspection. All persons required to submit reports under this 
part must make these reports and their underlying information available 
for inspection immediately upon the request of an

[[Page 41091]]

authorized officer or an employee of NMFS designated by the Regional 
Administrator to make such inspections.
    (4) Submitting reports--(i) For any vessel issued a valid lobster 
permit, or eligible to renew a limited access permit under this part, 
fishing vessel trip reports, required by paragraph (b)(1) of this 
section, must be submitted within 48 hours at the conclusion of a trip.
    (ii) For the purposes of paragraph (q)(4)(i) of this section, the 
date when fish are offloaded from a commercial vessel will establish 
the conclusion of a commercial trip.
    (iii) For the purposes of paragraph (q)(4)(i) of this section, the 
date a charter/party vessel enters port will establish the conclusion 
of a for-hire trip.
* * * * *
0
4. In Sec.  697.6, revise paragraph (n)(1)(ii)(B) to read as follows:


Sec.  697.6   Dealer permits.

* * * * *
    (n) * * *
    (1) * * *
    (ii) * * *
    (B) When purchasing or receiving fish from a vessel landing in a 
port located outside of the Greater Atlantic 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 Greater Atlantic 
Region under this part (American lobster or Jonah crab), and part 697 
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
* * * * *
0
5. Revise Sec.  697.18 to read as follows:


Sec.  697.18   Lobster management areas.

    The following lobster management areas are established for purposes 
of implementing the management measures specified in this part. (A copy 
of a chart showing the American lobster EEZ management areas is 
available upon request to the Office of the Regional Administrator, 
NMFS, 55 Great Republic Drive, Gloucester, MA 01930.)
    (a) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area 
1 includes state and federal waters nearshore in the Gulf of Maine that 
are bounded on the west and north by the coastlines of Massachusetts 
(including the southwestern extent of the Cape Cod Canal), New 
Hampshire, and Maine, bounded on the east by the U.S.-Canada Maritime 
Boundary, and bounded on the southeast by the following points 
connected in the order listed by straight lines:

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  43[deg]58.25' N   67[deg]21.44' W      (1)
B...........................  43[deg]41' N      68[deg]00' N      ......
C...........................  43[deg]12' N      69[deg]00' W      ......
D...........................  42[deg]49' N      69[deg]40' W      ......
E...........................  42[deg]15.5' N    69[deg]40' W      ......
F...........................  42[deg]10' N      69[deg]56' W      ......
G...........................  42[deg]05.5' N    70[deg]14' W      ......
H...........................  42[deg]04.25' N   70[deg]17.22' W   ......
I...........................  42[deg]02.84' N   70[deg]16.1' W    ......
J...........................  42[deg]03.4' N    70[deg]14.2' W    ......
------------------------------------------------------------------------
(1) Point A is intended to fall on the U.S./Canada Maritime Boundary.

    (b) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area 
2 includes state and federal waters nearshore in Southern New England 
that are bounded on the north by the coastlines of Massachusetts 
(including the northeastern extent of the Cape Cod Canal) and Rhode 
Island, and bounded on all other sides by the following points 
connected in the order listed by straight lines:

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]40' N      70[deg]05' W      ......
B...........................  41[deg]15' N      70[deg]05' W      ......
C...........................  41[deg]21.5' N    69[deg]16' W      ......
D...........................  41[deg]10' N      69[deg]06.5' W    ......
E...........................  40[deg]55' N      68[deg]54' W      ......
F...........................  40[deg]27.5' N    72[deg]14' W      ......
G...........................  40[deg]45.5' N    71[deg]34' W      ......
H...........................  41[deg]07' N      71[deg]43' W      ......
I...........................  41[deg]06.5' N    71[deg]47' W      ......
J...........................  41[deg]11.5' N    71[deg]47.25' W   ......
K...........................  41[deg]18.5' N    71[deg]54.5' W       (1)
------------------------------------------------------------------------
(1) From Point K, the EEZ Nearshore Management Area 2 follows the
  maritime boundary between Connecticut and Rhode Island to the coastal
  Connecticut/Rhode Island boundary.

    (c) Area 2/3 Overlap. The Area 2/3 Overlap is defined by the area, 
comprised entirely of Federal waters, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
A...........................  41[deg]10' N          69[deg]06.5' W
B...........................  40[deg]55' N          68[deg]54' W
C...........................  40[deg]27.5' N        72[deg]14' W
D...........................  40[deg]45.5' N        71[deg]34' W
A...........................  41[deg]10' N          69[deg]06.5' W
------------------------------------------------------------------------

    (d) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3 
is defined by the area, comprised entirely of Federal waters, bounded 
by straight lines connecting the following points, in the order stated:

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  43[deg]58.25' N   67[deg]21' W      (1),(2
                                                                       )
B...........................  43[deg]41' N      68[deg]00' W      ......
C...........................  43[deg]12' N      69[deg]00' W      ......
D...........................  42[deg]49' N      69[deg]40' W      ......
E...........................  42[deg]15.5' N    69[deg]40' W      ......
F...........................  42[deg]10' N      69[deg]56' W      ......
G...........................  42[deg]21.5 N     69[deg]16' W      ......
H...........................  41[deg]10' N      69[deg]06.5' W    ......
I...........................  40[deg]45.5' N    71[deg]34' W      ......
J...........................  40[deg]27.5' N    72[deg]14' W      ......
K...........................  40[deg]12.5' N    72[deg]48.5' W    ......
L...........................  39[deg]50' N      73[deg]01' W      ......
M...........................  38[deg]39.5' N    73[deg]40' W      ......
N...........................  38[deg]12' N      73[deg]55' W      ......
O...........................  37[deg]12' N      74[deg]44' W      ......
P...........................  35[deg]34' N      74[deg]51' W      ......
Q...........................  35[deg]14.5' N    75[deg]31' W      ......
R...........................  35[deg]14.5' N    71[deg]24' W         (2)
------------------------------------------------------------------------
(1) Point A is intended to fall on the U.S.-Canada Maritime Boundary.
(2) From Point R back to Point A along the outer limit of the US EEZ and
  the U.S.-Canada Maritime Boundary.

    (e) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area 
4 includes state and federal waters nearshore in the northern Mid-
Atlantic, bounded on the west and north by the coastlines of New Jersey 
and New York (crossing the East River at 74[deg]W), and bounded on all 
other sides by the following points connected in the order listed by 
straight lines, unless otherwise noted:

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]0.7' N     72[deg]00' W      ......
B...........................  40[deg]57.33' N   72[deg]00' W      (1),(2
                                                                       )
C...........................  41[deg]06.5' N    71[deg]47' W      (2),(3
                                                                       )
D...........................  41[deg]07' N      71[deg]43' W      ......
E...........................  40[deg]45.5' N    71[deg]34' W      ......
F...........................  41[deg]27.5' N    72[deg]14' W      ......
G...........................  40[deg]12.5' N    72[deg]48.5' W    ......
H...........................  39[deg]50' N      73[deg]01' W      ......
I...........................  39[deg]50' N      72[deg]09.2' W    ......
------------------------------------------------------------------------
(1) Point B is intended to fall along the Three Nautical Mile line.
(2) From Point B to Point C following the Three Nautical Mile line.
(3) Point C is intended to fall along the Three Nautical Mile line.

    (f) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area 
5 includes state and Federal waters nearshore in the southern Mid-
Atlantic, bounded on the west by the coastline of the United States, 
and bounded on all other sides by the following points connected in the 
order listed by straight lines:

------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
A...........................  39[deg]50' N          74[deg]09.2' W
B...........................  39[deg]50' N          72[deg]55' W
C...........................  38[deg]38.2' N        73[deg]33.8' W
D...........................  38[deg]10.4' N        73[deg]49' W
E...........................  37[deg]10.6' N        74[deg]38' W
F...........................  35[deg]31.9' N        74[deg]45.5' W
G...........................  35[deg]14.5' N        75[deg]19.3' W
H...........................  35[deg]14.5' N        75[deg]31.5' W
------------------------------------------------------------------------


[[Page 41092]]

    (g) Area 3/5 Overlap. The Area 3/5 Overlap includes state and 
Federal waters in the southern Mid-Atlantic bounded by the following 
points connected in the order listed by straight lines:

------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
A...........................  39[deg]50' N          73[deg]01' W
B...........................  39[deg]50' N          72[deg]55' W
C...........................  38[deg]38.2' N        73[deg]33.8' W
D...........................  38[deg]10.4' N        73[deg]49' W
E...........................  37[deg]10.6' N        74[deg]38' W
F...........................  35[deg]31.9' N        74[deg]45.5' W
G...........................  35[deg]14.5' N        75[deg]19.3' W
H...........................  35[deg]14.5' N        75[deg]31' W
I...........................  35[deg]34' N          74[deg]51' W
J...........................  37[deg]12' N          74[deg]44' W
K...........................  38[deg]12' N          73[deg]55' W
L...........................  38[deg]39.5' N        73[deg]40' W
A...........................  39[deg]50' N          73[deg]01' W
------------------------------------------------------------------------

    (h) Nearshore Management Area 6. The Nearshore Management Area 6 
includes New York and Connecticut state waters, bounded by the Long 
Island Sound coastlines of both states (including the East River until 
74[deg] W, and the northern extent of the Harlem River), and bounded on 
the east by the following points connected in the order listed by 
straight lines:

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]0.7' N     72[deg]00' W      ......
B...........................  40[deg]57.33' N   72[deg]00' W      (1)(2)
C...........................  41[deg]06.5' N    71[deg]47' W      (2)(3)
D...........................  41[deg]11.5'' N   71[deg]47.25'' W  ......
E...........................  41[deg]18.5'' N   71[deg]54.5'' W      (4)
------------------------------------------------------------------------
(1) Point B is intended to fall along the Three Nautical Mile line.
(2) From Point B to Point C following the Three Nautical Mile line.
(3) Point C is intended to fall along the Three Nautical Mile line.
(4) From Point E, the Nearshore Management Area 6 follows the maritime
  boundary between Connecticut and Rhode Island to the coastal
  Connecticut/Rhode Island boundary.

    (i) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore 
Outer Cape Lobster Management Area includes state and Federal waters 
off Cape Cod, bounded by the following points connected in the order 
listed by straight lines, unless otherwise noted:

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]54.46' N   70[deg]03.99' W      (1)
B...........................  41[deg]52' N      70[deg]07.49' W   ......
C...........................  42[deg]02.84' N   70[deg]16.1' W    ......
D...........................  42[deg]04.25' N   70[deg]17.22' W   ......
E...........................  42[deg]05.5' N    70[deg]14' W      ......
F...........................  42[deg]10' N      69[deg]65' W      ......
G...........................  41[deg]21.5' N    69[deg]16' W      ......
H...........................  41[deg]15' N      70[deg]05' W      ......
I...........................  41[deg]40' N      70[deg]05' W         (1)
------------------------------------------------------------------------
(1) From Point I back to Point A following the outer coastline of Cape
  Cod.

    (j) Area management. NMFS may, consistent with Sec.  697.25, 
implement management measures necessary for each management area, in 
order to end overfishing and rebuild stocks of American lobster.
0
6. In Sec.  697.19, revise the section heading, paragraph (c), and add 
paragraph (m).


Sec.  697.19   Trap limits, ownership caps, and trap tag requirements 
for vessels fishing with lobster traps.

* * * * *
    (c) Area 3 trap limits.--(1) Effective May 1, 2023, the Area 3 trap 
limit is 1,805 traps. Federally permitted lobster fishing vessels may 
only fish with traps that have been previously qualified and allocated 
into Area 3 by the Regional Administrator, as part of the Federal Area 
3 Limited Access Program. This allocation may be modified by trap cuts 
and/or trap transfers, but in no case shall the allocation exceed the 
trap limit.
    (2) Effective May 1, 2024, the Area 3 trap limit is 1,629 traps. 
Federally permitted lobster fishing vessels may only fish with traps 
that have been previously qualified and allocated into Area 3 by the 
Regional Administrator, as part of the Federal Area 3 Limited Access 
Program. This allocation may be modified by trap cuts and/or trap 
transfers, but in no case shall the allocation exceed the trap limit.
    (3) Effective May 1, 2025, the Area 3 trap limit is 1,548 traps. 
Federally permitted lobster fishing vessels may only fish with traps 
that have been previously qualified and allocated into Area 3 by the 
Regional Administrator, as part of the Federal Area 3 Limited Access 
Program. This allocation may be modified by trap cuts and/or trap 
transfers, but in no case shall the allocation exceed the trap limit.
* * * * *
    (m) Ownership caps. (1) Area 2--(i) The Area 2 ownership cap shall 
be restricted to no more than 1,600 allocated traps. An entity is 
prohibited from possessing Area 2 trap allocations in excess of 1,600 
traps. An entity shall be defined as any person having an ownership 
interest, including, but not limited to, persons who are shareholders 
in a vessel owned by a corporation, who are partners (general or 
limited) to a vessel owner, or who, in any way, partly own a Federally 
permitted lobster vessel. In determining an entity's ownership cap 
allocation, NMFS will not attribute based upon an entity's percentage 
ownership interest, but will attribute the full amount of a permit's 
allocation to the entity upon a finding of any ownership interest in 
the permit. An entity with an ownership interest above this cap on May 
1, 2022 shall not be reduced to this 1,600 trap cap, but may not expand 
their ownership interest beyond that which existed on May 1, 2022.
    (ii) Effective May 1, 2024, the Area 2 ownership cap shall be 
restricted to no more than 800 allocated traps. An entity is prohibited 
from possessing Area 2 trap allocations in excess of 800 traps. An 
entity shall be defined as any person having an ownership interest, 
including, but not limited to, persons who are shareholders in a vessel 
owned by a corporation, who are partners (general or limited) to a 
vessel owner, or who, in any way, partly own a Federally permitted 
lobster vessel. In determining an entity's ownership cap allocation, 
NMFS will not attribute based upon an entity's percentage ownership 
interest, but will attribute the full amount of a permit's allocation 
to the entity upon a finding of any ownership interest in the permit. 
An entity with an ownership interest above this cap on May 1, 2022 
shall not be reduced to this 1,600 cap, but may not expand their 
ownership interest beyond that which existed on May 1, 2022.
    (iii) Vessel owners with an Area 2 lobster permit in confirmation 
of permit history, and in compliance with the ownership restrictions in 
paragraph (m)(2)(ii) of this section, are eligible to renew such 
permits(s) and/or confirmation(s) of permit history, but will be bound 
by the trap limits in paragraphs (m)(1)(i) or (ii) of this section.
    (2) Area 3.--(i) Effective May 1, 2023, the Area 3 ownership cap 
shall be restricted to no more than 9,025 allocated traps. An entity is 
prohibited from possessing Area 3 trap allocations in excess of 9,025 
traps. An entity shall be defined as any person having an ownership 
interest, including, but not limited to, persons who are shareholders 
in a vessel owned by a corporation, who are partners (general or 
limited) to a vessel owner, or who, in any way, partly own a Federally 
permitted lobster vessel. In determining an entity's ownership cap 
allocation, NMFS will not attribute based upon an entity's percentage 
ownership interest, but will attribute the full amount of a permit's 
allocation to the entity upon a finding of any ownership interest in 
the permit.
    (ii) Effective May 1, 2024, the Area 3 ownership cap shall be 
restricted to no more than 8,145 allocated traps. An entity is 
prohibited from possessing Area 3 trap allocations in excess of 8,145 
traps. An entity shall be defined as any person having an ownership

[[Page 41093]]

interest, including, but not limited to, persons who are shareholders 
in a vessel owned by a corporation, who are partners (general or 
limited) to a vessel owner, or who, in any way, partly own a Federally 
permitted lobster vessel. In determining an entity's ownership cap 
allocation, NMFS will not attribute based upon an entity's percentage 
ownership interest, but will attribute the full amount of a permit's 
allocation to the entity upon a finding of any ownership interest in 
the permit.
    (iii) Effective May 1, 2025, the Area 3 ownership cap shall be 
restricted to no more than 7,740 allocated traps. An entity is 
prohibited from possessing Area 3 trap allocations in excess of 7,740 
traps. An entity shall be defined as any person having an ownership 
interest, including, but not limited to, persons who are shareholders 
in a vessel owned by a corporation, who are partners (general or 
limited) to a vessel owner, or who, in any way, partly own a Federally 
permitted lobster vessel. In determining an entity's ownership cap 
allocation, NMFS will not attribute based upon an entity's percentage 
ownership interest, but will attribute the full amount of a permit's 
allocation to the entity upon a finding of any ownership interest in 
the permit.
    (iv) Vessel owners with an Area 3 lobster permit in confirmation of 
permit history, and in compliance with the ownership restrictions in 
paragraph (m)(2)(ii) of this section, are eligible to renew such 
permits(s) and/or confirmation(s) of permit history, but will be bound 
by the trap limits in paragraphs (m)(1)(i) or (ii) of this section.
    (v) Paragraphs (m)(2)(i) through (iii) of this section do not apply 
to an entity's Area 3 lobster trap permits and/or confirmations of 
permit history if that entity's trap allocation exceeded 7,740 traps as 
of May 1, 2022. The trap allocations of all such entities will be 
capped at their May 1, 2022 trap allocation.
* * * * *
0
7. In Sec.  697.20, revise paragraphs (a)(5) through (7), and remove 
paragraphs (8) and (9), to read as follows:


Sec.  697.20   Size, harvesting and landing requirements.

    (a) * * *
    (5) The minimum carapace length for all American lobsters harvested 
in or from the Offshore Management Area 3 is 3\17/32\ inches (8.97 cm).
    (6) The minimum 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).
    (7) 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.
* * * * *
0
8. In Sec.  697.21, revise paragraphs (a)(1), (b)(4)(i) through (iii), 
(c)(3) and (4), (e), and (f), and remove paragraphs (a)(2) and (c)(5), 
to read as follows:


Sec.  697.21   Gear identification and marking, escape vent, maximum 
trap size, and ghost panel requirements.

    (a) * * *
    (1) Identification and trap tagging. Lobster gear must be marked 
with a trap tag (as specified in Sec.  697.19) with the following code 
of identification:
    (i) A number assigned by the Regional Administrator; or
    (ii) Whatever positive identification marking is required by the 
vessel's home-port state.
* * * * *
    (b) * * *
    (4) * * *
    (i) Gulf of Maine gear area. Gulf of Maine gear area is defined as 
all waters of the EEZ north of 42[deg]20' N lat. seaward of the outer 
boundary of the territorial sea (12 nautical miles (22.2 km) from the 
baseline);
    (ii) Georges Bank gear area. Georges Bank gear area is defined as 
all waters of the EEZ south of 42[deg]20' N lat. and east of 70[deg]00' 
W long. or the outer boundary of the territorial sea (12 nautical miles 
(22.2 km) from the baseline), whichever lies farther east;
    (iii) Southern New England gear area. Southern New England gear 
area is defined as all waters of the EEZ west of 70[deg]00' W long., 
east of 71[deg]30' W long., and north of 36[deg]33' N lat. at a depth 
greater than 25 fathoms (45.72 m); and
* * * * *
    (c) * * *
    (3) All American lobster traps deployed or possessed in the EEZ 
Offshore Management Area 3, or deployed or possessed by a person on or 
from a vessel issued a Federal limited access American lobster permit 
fishing in or electing to fish in the EEZ Offshore Management Area 3, 
must include either of the following escape vents in the parlor section 
of the trap, located in such a manner that it will not be blocked or 
obstructed by any portion of the trap, associated gear, or the sea 
floor in normal use:
    (i) A rectangular portal with an unobstructed opening not less than 
2\1/16\ inches (5.24 cm) x 5\3/4\ inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 
2\11/16\ inches (6.82 cm) in diameter.
    (4) The Regional Administrator may, at the request of, or after 
consultation with, the Commission, approve and specify, through a 
technical amendment, any other type of acceptable escape vent that the 
Regional Administrator finds to be consistent with paragraph (c) of 
this section.
* * * * *
    (e) Maximum trap size--(1) EEZ Nearshore Management Area maximum 
trap size. American lobster traps deployed or possessed in the EEZ, or, 
deployed or possessed by a person on or from a vessel issued a Federal 
limited access American lobster permit as specified under Sec.  697.4, 
if deployed or possessed by a person or vessel permitted to fish in any 
EEZ Nearshore Management Area (Area 1, Outer Cape, Area 2, Area 4, Area 
5, or Area 6) and the Area \2/3\ Overlap, or only in the Area \2/3\ 
Overlap, shall not exceed 22,950 cubic inches (376,081 cubic 
centimeters) in volume as measured on the outside portion of the trap, 
exclusive of the runners.
    (2) EEZ Offshore Management Area maximum trap size. American 
lobster traps deployed or possessed in the EEZ, or, deployed or 
possessed by a person on or from a vessel issued a Federal limited 
access American lobster permit as specified under Sec.  697.4, if 
deployed or possessed by a person or vessel permitted to fish only in 
EEZ Offshore Management Area 3 or only in EEZ Offshore Management Area 
3 and the Area \2/3\ Overlap, shall not exceed 30,100 cubic inches 
(493,249 cubic centimeters) in volume as measured on the outside 
portion of the trap, exclusive of the runners.
    (f) Enforcement action. Unidentified, unmarked, unvented, or 
improperly-vented American lobster traps, or any untagged American 
lobster traps, or any lobster traps subject to the requirements and 
specifications of Sec.  697.21, which fail to meet such requirements 
and specifications may be seized and disposed of in accordance with the 
provisions of 15 CFR part 904.
* * * * *
0
9. In Sec.  697.23, revise paragraphs (b)(2), (c)(2), (d)(2), and 
(e)(2) to read as follows:


Sec.  697.23  Restricted gear areas.

* * * * *
    (b) * * *
    (2) Definition of Restricted Gear Area I. Restricted Gear Area I is 
defined by

[[Page 41094]]

the following points connected in the order listed by straight lines 
(points followed by an asterisk are shared with an adjacent Restricted 
Gear Area):

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
AB..........................  40[deg]02.45' N   70[deg]14.10' W      (*)
AC..........................  40[deg]05.20' N   70[deg]10.90' W      (*)
AD..........................  40[deg]03.75' N   70[deg]10.15' W      (*)
AE..........................  40[deg]00.70' N   70[deg]08.70' W      (*)
AF..........................  39[deg]59.20' N   70[deg]04.90' W      (*)
AG..........................  39[deg]58.25' N   70[deg]03.00' W      (*)
AH..........................  39[deg]56.90' N   69[deg]57.45' W      (*)
AI..........................  39[deg]57.40' N   69[deg]55.90' W      (*)
AJ..........................  39[deg]57.55' N   69[deg]54.05' W      (*)
AK..........................  39[deg]56.70' N   69[deg]53.60' W      (*)
AL..........................  39[deg]55.75' N   69[deg]41.40' W      (*)
AM..........................  39[deg]56.20' N   69[deg]40.20' W      (*)
AN..........................  39[deg]58.80' N   69[deg]38.45' W      (*)
AO..........................  39[deg]59.15' N   69[deg]37.30' W      (*)
AP..........................  40[deg]00.90' N   69[deg]37.30' W      (*)
AQ..........................  40[deg]00.65' N   69[deg]36.50' W      (*)
AR..........................  39[deg]57.85' N   69[deg]35.15' W      (*)
AS..........................  39[deg]56.80' N   69[deg]34.10' W      (*)
AT..........................  39[deg]56.50' N   69[deg]26.35' W      (*)
AU..........................  39[deg]56.75' N   69[deg]24.40' W      (*)
AV..........................  39[deg]57.80' N   69[deg]20.35' W      (*)
AW..........................  40[deg]00.05' N   69[deg]14.60' W      (*)
AX..........................  40[deg]02.65' N   69[deg]11.15' W      (*)
AY..........................  40[deg]02.00' N   69[deg]08.35' W      (*)
AZ..........................  40[deg]02.65' N   69[deg]05.60' W      (*)
BA..........................  40[deg]04.10' N   69[deg]03.90' W      (*)
BB..........................  40[deg]05.65' N   69[deg]03.55' W      (*)
BC..........................  40[deg]08.45' N   69[deg]03.60' W      (*)
BD..........................  40[deg]09.75' N   69[deg]04.15' W      (*)
BE..........................  40[deg]10.25' N   69[deg]04.40' W      (*)
BF..........................  40[deg]11.60' N   69[deg]05.40' W      (*)
BG..........................  40[deg]11.00' N   69[deg]03.80' W      (*)
BH..........................  40[deg]08.90' N   69[deg]01.75' W      (*)
BI..........................  40[deg]05.30' N   69[deg]01.10' W      (*)
BJ..........................  40[deg]05.20' N   69[deg]00.50' W      (*)
BK..........................  40[deg]04.35' N   69[deg]00.50' W      (*)
BL..........................  40[deg]03.65' N   69[deg]00.00' W      (*)
BM..........................  40[deg]03.60' N   68[deg]57.20' W      (*)
BN..........................  40[deg]05.70' N   68[deg]52.40' W      (*)
BO..........................  40[deg]08.10' N   68[deg]51.00' W      (*)
BP..........................  40[deg]08.70' N   68[deg]49.60' W      (*)
BQ..........................  40[deg]06.90' N   68[deg]46.50' W      (*)
BR..........................  40[deg]07.20' N   68[deg]38.40' W      (*)
BS..........................  40[deg]07.90' N   68[deg]36.00' W      (*)
BT..........................  40[deg]06.40' N   68[deg]35.80' W   ......
BU..........................  40[deg]05.25' N   68[deg]39.30' W   ......
BV..........................  40[deg]05.40' N   68[deg]44.50' W   ......
BW..........................  40[deg]06.00' N   68[deg]46.50' W   ......
BX..........................  40[deg]07.40' N   68[deg]49.60' W   ......
BY..........................  40[deg]05.55' N   68[deg]49.80' W   ......
BZ..........................  40[deg]03.90' N   68[deg]51.70' W   ......
CA..........................  40[deg]02.25' N   68[deg]55.40' W   ......
CB..........................  40[deg]02.60' N   69[deg]00.00' W   ......
CC..........................  40[deg]02.75' N   69[deg]00.75' W   ......
CD..........................  40[deg]04.20' N   69[deg]01.75' W   ......
CE..........................  40[deg]06.15' N   69[deg]01.95' W   ......
CF..........................  40[deg]07.25' N   69[deg]02.00' W   ......
CG..........................  40[deg]08.50' N   69[deg]02.25' W   ......
CH..........................  40[deg]09.20' N   69[deg]02.95' W   ......
CI..........................  40[deg]09.75' N   69[deg]03.30' W   ......
CJ..........................  40[deg]09.55' N   69[deg]03.85' W   ......
CK..........................  40[deg]08.40' N   69[deg]03.40' W   ......
CL..........................  40[deg]07.20' N   69[deg]03.30' W   ......
CM..........................  40[deg]06.00' N   69[deg]03.10' W   ......
CN..........................  40[deg]05.40' N   69[deg]03.05' W   ......
CO..........................  40[deg]04.80' N   69[deg]03.05' W   ......
CP..........................  40[deg]03.55' N   69[deg]03.55' W   ......
CQ..........................  40[deg]01.90' N   69[deg]03.95' W   ......
CR..........................  40[deg]01.00' N   69[deg]04.40' W   ......
CS..........................  39[deg]59.90' N   69[deg]06.25' W   ......
CT..........................  40[deg]00.60' N   69[deg]10.05' W   ......
CU..........................  39[deg]59.25' N   69[deg]11.15' W   ......
CV..........................  39[deg]57.45' N   69[deg]16.05' W   ......
CW..........................  39[deg]56.10' N   69[deg]20.10' W   ......
CX..........................  39[deg]54.60' N   69[deg]25.65' W   ......
CY..........................  39[deg]54.65' N   69[deg]26.90' W   ......
CZ..........................  39[deg]54.80' N   69[deg]30.95' W   ......
DA..........................  39[deg]54.35' N   69[deg]33.40' W   ......
DB..........................  39[deg]55.00' N   69[deg]34.90' W   ......
DC..........................  39[deg]56.55' N   69[deg]36.00' W   ......
DD..........................  39[deg]57.95' N   69[deg]36.45' W   ......
DE..........................  39[deg]58.75' N   69[deg]36.30' W   ......
DF..........................  39[deg]58.80' N   69[deg]36.95' W   ......
DG..........................  39[deg]57.95' N   69[deg]38.10' W   ......
DH..........................  39[deg]54.50' N   69[deg]38.25' W   ......
DI..........................  39[deg]53.60' N   69[deg]46.50' W   ......
DJ..........................  39[deg]54.70' N   69[deg]50.00' W   ......
DK..........................  39[deg]55.25' N   69[deg]51.40' W   ......
DL..........................  39[deg]55.20' N   69[deg]53.10' W   ......
DM..........................  39[deg]54.85' N   69[deg]53.90' W   ......
DN..........................  39[deg]55.70' N   69[deg]54.90' W   ......
DO..........................  39[deg]56.15' N   69[deg]55.35' W   ......
DP..........................  39[deg]56.05' N   69[deg]56.25' W   ......
DQ..........................  39[deg]55.30' N   69[deg]57.10' W   ......
DR..........................  39[deg]54.80' N   69[deg]58.60' W   ......
DS..........................  39[deg]56.05' N   70[deg]00.65' W   ......
DT..........................  39[deg]55.30' N   70[deg]02.95' W   ......
DU..........................  39[deg]56.90' N   70[deg]11.30' W   ......
DV..........................  39[deg]58.90' N   70[deg]11.50' W   ......
DW..........................  39[deg]59.60' N   70[deg]11.10' W   ......
DX..........................  40[deg]01.35' N   70[deg]11.20' W   ......
DY..........................  40[deg]02.60' N   70[deg]12.00' W   ......
DZ..........................  40[deg]00.40' N   70[deg]12.30' W   ......
EA..........................  39[deg]59.75' N   70[deg]13.05' W   ......
EB..........................  39[deg]59.30' N   70[deg]14.00' W      (*)
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (2) Definition of Restricted Gear Area II. Restricted Gear Area II 
is defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
EB..........................  39[deg]59.30' N   70[deg]14.00' W      (*)
EC..........................  39[deg]58.85' N   70[deg]15.20' W   ......
ED..........................  39[deg]59.30' N   70[deg]18.40' W   ......
EE..........................  39[deg]58.10' N   70[deg]19.40' W   ......
EF..........................  39[deg]57.00' N   70[deg]19.85' W   ......
EG..........................  39[deg]57.55' N   70[deg]21.25' W   ......
EH..........................  39[deg]57.50' N   70[deg]22.80' W   ......
EI..........................  39[deg]57.10' N   70[deg]25.40' W   ......
EJ..........................  39[deg]57.65' N   70[deg]27.05' W   ......
EK..........................  39[deg]58.58' N   70[deg]27.70' W   ......
EL..........................  40[deg]00.65' N   70[deg]28.80' W   ......
EM..........................  40[deg]02.20' N   70[deg]29.15' W   ......
EN..........................  40[deg]01.00' N   70[deg]30.20' W   ......
EO..........................  39[deg]58.58' N   70[deg]31.85' W   ......
EP..........................  39[deg]57.05' N   70[deg]34.35' W   ......
EQ..........................  39[deg]56.42' N   70[deg]36.80' W   ......
ER..........................  39[deg]58.15' N   70[deg]48.00' W   ......
ES..........................  39[deg]58.30' N   70[deg]51.10' W   ......
ET..........................  39[deg]58.10' N   70[deg]52.25' W   ......
EU..........................  39[deg]58.05' N   70[deg]53.55' W   ......
EV..........................  39[deg]58.40' N   70[deg]59.60' W   ......
EW..........................  39[deg]59.80' N   71[deg]01.05' W   ......
EX..........................  39[deg]58.20' N   71[deg]05.85' W   ......
EY..........................  39[deg]57.45' N   71[deg]12.15' W   ......
EZ..........................  39[deg]57.20' N   71[deg]15.00' W   ......
FA..........................  39[deg]56.30' N   71[deg]18.95' W   ......
FB..........................  39[deg]51.40' N   71[deg]36.10' W   ......
FC..........................  39[deg]51.75' N   71[deg]41.50' W   ......
FD..........................  39[deg]50.05' N   71[deg]42.50' W   ......
FE..........................  39[deg]50.00' N   71[deg]45.00' W   ......
FF..........................  39[deg]48.95' N   71[deg]46.05' W   ......
FG..........................  39[deg]46.60' N   71[deg]46.10' W   ......
FH..........................  39[deg]43.50' N   71[deg]49.40' W   ......
FI..........................  39[deg]41.30' N   71[deg]55.00' W   ......
FJ..........................  39[deg]39.00' N   71[deg]55.60' W   ......
FK..........................  39[deg]36.72' N   71[deg]58.25' W   ......
FL..........................  39[deg]35.15' N   71[deg]58.55' W   ......
FM..........................  39[deg]34.50' N   72[deg]00.75' W   ......
FN..........................  39[deg]32.20' N   72[deg]02.25' W   ......
FO..........................  39[deg]32.15' N   72[deg]04.10' W   ......
FP..........................  39[deg]28.50' N   72[deg]06.50' W   ......
FQ..........................  39[deg]29.00' N   72[deg]09.25' W   ......
FR..........................  39[deg]29.75' N   72[deg]09.80' W      (*)
FS..........................  39[deg]32.65' N   72[deg]06.10' W      (*)
FT..........................  39[deg]35.45' N   72[deg]02.00' W      (*)
FU..........................  39[deg]41.15' N   71[deg]57.10' W      (*)
FV..........................  39[deg]46.95' N   71[deg]49.00' W      (*)
FW..........................  39[deg]53.10' N   71[deg]42.70' W      (*)
FX..........................  39[deg]52.60' N   71[deg]40.35' W      (*)
FY..........................  39[deg]53.10' N   71[deg]36.10' W      (*)
FZ..........................  39[deg]57.50' N   71[deg]20.60' W      (*)
GA..........................  40[deg]00.70' N   71[deg]19.80' W      (*)
GB..........................  39[deg]59.30' N   71[deg]18.40' W      (*)
GC..........................  40[deg]02.00' N   71[deg]01.30' W      (*)
GD..........................  40[deg]00.50' N   70[deg]57.60' W      (*)
GE..........................  40[deg]00.10' N   70[deg]45.10' W      (*)
GF..........................  39[deg]58.90' N   70[deg]38.65' W      (*)
GG..........................  39[deg]59.15' N   70[deg]34.45' W      (*)
GH..........................  40[deg]00.55' N   70[deg]32.10' W      (*)
GI..........................  40[deg]03.85' N   70[deg]28.75' W      (*)
GJ..........................  39[deg]59.75' N   70[deg]25.50' W      (*)
GK..........................  39[deg]59.80' N   70[deg]21.75' W      (*)
GL..........................  40[deg]00.70' N   70[deg]18.60' W      (*)
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (2) Definition of Restricted Gear Area III. Restricted Gear Area 
III is defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
GL..........................  40[deg]00.70' N   70[deg]18.60' W      (*)
GK..........................  39[deg]59.80' N   70[deg]21.75' W      (*)
GJ..........................  39[deg]59.75' N   70[deg]25.50' W      (*)
GI..........................  40[deg]03.85' N   70[deg]28.75' W      (*)
GH..........................  40[deg]00.55' N   70[deg]32.10' W      (*)
GG..........................  39[deg]59.15' N   70[deg]34.45' W      (*)
GF..........................  39[deg]58.90' N   70[deg]38.65' W      (*)
GE..........................  40[deg]00.10' N   70[deg]45.10' W      (*)
GD..........................  40[deg]00.50' N   70[deg]57.60' W      (*)
GC..........................  40[deg]02.00' N   71[deg]01.30' W      (*)
GB..........................  39[deg]59.30' N   71[deg]18.40' W      (*)
GA..........................  40[deg]00.70' N   71[deg]19.80' W      (*)
FZ..........................  39[deg]57.50' N   71[deg]20.60' W      (*)
FY..........................  39[deg]53.10' N   71[deg]36.10' W      (*)
FX..........................  39[deg]52.60' N   71[deg]40.35' W      (*)
FW..........................  39[deg]53.10' N   71[deg]42.70' W      (*)
FV..........................  39[deg]46.95' N   71[deg]49.00' W      (*)
FU..........................  39[deg]41.15' N   71[deg]57.10' W      (*)

[[Page 41095]]

 
FT..........................  39[deg]35.45' N   72[deg]02.00' W      (*)
FS..........................  39[deg]32.65' N   72[deg]06.10' W      (*)
FR..........................  39[deg]29.75' N   72[deg]09.80' W      (*)
GM..........................  39[deg]33.65' N   72[deg]15.00' W   ......
GN..........................  39[deg]47.20' N   72[deg]01.60' W   ......
GO..........................  39[deg]53.75' N   71[deg]52.25' W   ......
GP..........................  39[deg]55.85' N   71[deg]45.00' W   ......
GQ..........................  39[deg]55.60' N   71[deg]41.20' W   ......
GR..........................  39[deg]57.90' N   71[deg]28.70' W   ......
GS..........................  40[deg]10.70' N   71[deg]10.25' W   ......
GT..........................  40[deg]12.75' N   70[deg]55.05' W   ......
GU..........................  40[deg]11.05' N   70[deg]45.80' W   ......
GV..........................  40[deg]06.50' N   70[deg]40.05' W   ......
GW..........................  40[deg]05.60' N   70[deg]17.70' W   ......
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

* * * * *
    (e) * * *
    (2) Definition of Restricted Gear Area IV. Restricted Gear Area IV 
is defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
GX..........................  40[deg]07.80' N   70[deg]09.20' W   ......
GY..........................  40[deg]07.60' N   70[deg]04.50' W   ......
GZ..........................  40[deg]02.10' N   69[deg]45.00' W   ......
HA..........................  40[deg]01.30' N   69[deg]45.00' W   ......
HB..........................  40[deg]00.50' N   69[deg]38.80' W   ......
HC..........................  40[deg]01.70' N   69[deg]37.40' W   ......
HD..........................  40[deg]01.70' N   69[deg]35.40' W   ......
HE..........................  40[deg]00.40' N   69[deg]35.20' W   ......
HF..........................  39[deg]57.30' N   69[deg]25.10' W   ......
HG..........................  40[deg]05.50' N   69[deg]09.00' W   ......
HH..........................  40[deg]14.30' N   69[deg]05.80' W   ......
HI..........................  40[deg]14.00' N   69[deg]04.70' W   ......
HJ..........................  40[deg]11.60' N   68[deg]53.00' W   ......
HK..........................  40[deg]13.60' N   68[deg]40.60' W   ......
BS..........................  40[deg]07.90' N   68[deg]36.00' W      (*)
BR..........................  40[deg]07.20' N   68[deg]38.40' W      (*)
BQ..........................  40[deg]06.90' N   68[deg]46.50' W      (*)
BP..........................  40[deg]08.70' N   68[deg]49.60' W      (*)
BO..........................  40[deg]08.10' N   68[deg]51.00' W      (*)
BN..........................  40[deg]05.70' N   68[deg]52.40' W      (*)
BM..........................  40[deg]03.60' N   68[deg]57.20' W      (*)
BL..........................  40[deg]03.65' N   69[deg]00.00' W      (*)
BK..........................  40[deg]04.35' N   69[deg]00.50' W      (*)
BJ..........................  40[deg]05.20' N   69[deg]00.50' W      (*)
BI..........................  40[deg]05.30' N   69[deg]01.10' W      (*)
BH..........................  40[deg]08.90' N   69[deg]01.75' W      (*)
BG..........................  40[deg]11.00' N   69[deg]03.80' W      (*)
BF..........................  40[deg]11.60' N   69[deg]05.40' W      (*)
BE..........................  40[deg]10.25' N   69[deg]04.40' W      (*)
BD..........................  40[deg]09.75' N   69[deg]04.15' W      (*)
BC..........................  40[deg]08.45' N   69[deg]03.60' W      (*)
BB..........................  40[deg]05.65' N   69[deg]03.55' W      (*)
BA..........................  40[deg]04.10' N   69[deg]03.90' W      (*)
AZ..........................  40[deg]02.65' N   69[deg]05.60' W      (*)
AY..........................  40[deg]02.00' N   69[deg]08.35' W      (*)
AX..........................  40[deg]02.65' N   69[deg]11.15' W      (*)
AW..........................  40[deg]00.05' N   69[deg]14.60' W      (*)
AV..........................  39[deg]57.80' N   69[deg]20.35' W      (*)
AU..........................  39[deg]56.75' N   69[deg]24.40' W      (*)
AT..........................  39[deg]56.50' N   69[deg]26.35' W      (*)
AS..........................  39[deg]56.80' N   69[deg]34.10' W      (*)
AR..........................  39[deg]57.85' N   69[deg]35.15' W      (*)
AQ..........................  40[deg]00.65' N   69[deg]36.50' W      (*)
AP..........................  40[deg]00.90' N   69[deg]37.30' W      (*)
AO..........................  39[deg]59.15' N   69[deg]37.30' W      (*)
AN..........................  39[deg]58.80' N   69[deg]38.45' W      (*)
AM..........................  39[deg]56.20' N   69[deg]40.20' W      (*)
AL..........................  39[deg]55.75' N   69[deg]41.40' W      (*)
AK..........................  39[deg]56.70' N   69[deg]53.60' W      (*)
AJ..........................  39[deg]57.55' N   69[deg]54.05' W      (*)
AI..........................  39[deg]57.40' N   69[deg]55.90' W      (*)
AH..........................  39[deg]56.90' N   69[deg]57.45' W      (*)
AG..........................  39[deg]58.25' N   70[deg]03.00' W      (*)
AF..........................  39[deg]59.20' N   70[deg]04.90' W      (*)
AE..........................  40[deg]00.70' N   70[deg]08.70' W      (*)
AD..........................  40[deg]03.75' N   70[deg]10.15' W      (*)
AC..........................  40[deg]05.20' N   70[deg]10.90' W      (*)
AB..........................  40[deg]02.45' N   70[deg]14.10' W      (*)
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

* * * * *
0
10. Revise Sec.  697.24 to read as follows:


Sec.  697.24  Exempted waters for Maine State American lobster permits.

    A person or vessel holding a valid permit or license issued by the 
State of Maine that lawfully permits that person to engage in 
commercial fishing for American lobster may, with the approval of the 
State of Maine, engage in commercial fishing for American lobsters in 
the following areas designated as EEZ, if such fishing is conducted in 
such waters in accordance with all other applicable Federal and State 
regulations:
    (a) West of Monhegan Island in the federal waters located north of 
the line from 43[deg]42.17' N lat., 69[deg]34.27' W long. to 
43[deg]42.25' N lat., 69[deg]19.30' W long.
    (b) East of Monhegan Island in the federal waters located northwest 
of the line from 43[deg]44' N lat., 69[deg]15.08' W long. to 
43[deg]48.17' N lat., 69[deg]8.02' W long.
    (c) South of Vinalhaven in the federal waters located west of the 
line from 43[deg]52.61' N lat., 68[deg]40.00' W long. to 43[deg]58.12'N 
lat., 68[deg]32.95' W long.
    (d) South of Boris Bubert Island in the federal waters located 
northwest of the line from 44[deg]19.27' N lat., 67[deg]49.50' W long. 
to 44[deg]23.67' N lat., 67[deg]40.50' W long.
0
11. In Sec.  697.27, revise paragraph (a)(2)(vi) to read as follows:


Sec.  697.27  Trap transferability.

    (a) * * *
    (2) * * *
    (vi) Trap allocations may be transferred in any increment.
* * * * *

[FR Doc. 2022-14596 Filed 7-8-22; 8:45 am]
BILLING CODE 3510-22-P