80 FR 46533 - Fisheries of the Northeastern United States; Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 150 (August 5, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 150 (August 5, 2015)
| Page Range | 46533-46537 | |
| FR Document | 2015-19233 |
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)] [Proposed Rules] [Pages 46533-46537] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19233] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 697 [Docket No. 150610515-5515-01] RIN 0648-BF16 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. ----------------------------------------------------------------------- SUMMARY: Based on Atlantic States Marine Fisheries Commission recommendations, we, the National Marine Fisheries Service, are proposing to modify the Lobster Conservation Management Area 4 seasonal closure and are requesting comment. This action is necessary to reduce fishing effort in Area 4 by 10 percent. This action is intended to ensure fishery regulations for the lobster fishery in Federal waters remain consistent with the Commission's Interstate Fishery Management Plan for American Lobster and previously implemented state measures and the intent of the Atlantic Coastal Fisheries Cooperative Management Act. DATES: Comments must be received on or before September 4, 2015. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0075, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0075, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. [[Page 46534]] Mail: Submit written comments to John K. Bullard, Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: ``Comments on American Lobster Proposed Rule.'' 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 personal identifying 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). FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy Analyst, (978) 281-9122. SUPPLEMENTARY INFORMATION: Background The American lobster fishery is managed by the Commission under Amendment 3 to the Interstate Fishery Management Pan for American Lobster (ISFMP). 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 three lobster stocks and seven Lobster Conservation Management Areas. [GRAPHIC] [TIFF OMITTED] TP05AU15.013 [[Page 46535]] The 2009 stock assessment indicated that the Southern New England American lobster stock, which includes all or part of six areas, is at a low level of abundance and is experiencing persistent recruitment failure, caused by a combination of environmental factors and continued fishing mortality. To address the poor condition of the Southern New England stock, the Commission adopted Addendum XVII to Amendment 3 of the ISFMP in February of 2012. The measures in Addendum XVII were intended to reduce fishing exploitation on the Southern New England lobster stock by 10 percent. Copies of the Addendum are available on the Commission's Web site at: http://www.asmfc.org. Consistent with the Commission's action in Addendum XVII, we issued complementary regulations (80 FR 2028; January 15, 2015) for Areas 2, 3, 4, and 5. Measures for Area 4 included mandatory v-notching requirement of egg-bearing female lobster and an annual seasonal closure from February 1-March 31. States, as required, came into compliance with Addendum XVII by January 1, 2013. Proposed Measures We are now proposing to change the Area 4 seasonal closure from February 1-March 31 to April 30-May 31, consistent with the Commission's recommendation. The American Lobster Technical Committee analyzed the effectiveness of the February 1-March 31 closure after it was implemented by the states and presented these results to the Commission in late 2014. The Technical Committee's analysis indicated that the February and March closure in Area 4 achieved only a 3.7- percent reduction in effort, falling short of the required 10-percent reduction. The Technical Committee recommended that the Lobster Board shift the annual seasonal closure from February 1-March 31 to April 30- May 31. The Technical Committee projected that this shift would achieve a 10.1-percent reduction in effort. The Lobster Board reviewed this analysis and approved the Area 4 seasonal closure modification during several meetings in late 2014 and early 2015. The Lobster Board also recommended that all jurisdictions change the closure date to April 30- May 31 annually. New York and New Jersey (the two states bordering Area 4) have already adjusted their regulatory closure to this later date. In addition, the states have retained the 1-week grace period at the end of the seasonal closure to reset unbaited gear. They did not retain the 2-week grace period at the start of the closure and state regulations. The affected states have already issued or are in the process of issuing regulations that comply with this change. We are proposing to shift the timing of the Area 4 seasonal closure, consistent with the Commission's recommendation. Classification This proposed rule has been preliminary determined to be consistent with the provisions of the Atlantic Coastal Act, the National Standards of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. This proposed rule has been determined to be not significant for the purposes of Executive Order (E.O.) 12866. This proposed rule does not contain policies with federalism implications as that term is defined in E.O. 13132. The proposed measures are based upon the American Lobster ISFMP that was created by and is overseen by the states. The proposed measures were a result of a modification to Addendum XVII measures, which was approved by the states, recommended by the states through the Commission for Federal adoption, and are in place at the state level. Consequently, NMFS has consulted with the states in the creation of the ISFMP, which makes recommendations for Federal action. Additionally, these proposed measures would not pre-empt state law and would do nothing to directly regulate the states. This proposed rule does not contain a collection of information requirement subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires agencies to assess the economic impacts of their proposed regulations on small entities. The objective of the RFA is to consider the impacts of a rulemaking on small entities, and the capacity of those affected by regulations to bear the direct and indirect costs of regulation. We prepared an Initial Regulatory Flexibility Analysis (IRFA) for this action as required by section 603 of the RFA. The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. The proposed management measure would affect small entities (i.e., Federal lobster permit holders) fishing in Southern New England, specifically in Area 4. Description of the Reasons Why Action by NMFS Is Being Considered For a full description of the reasons why this action is being considered, please refer to the Background section of the preamble. The Commission has recommended a change to the Area 4 seasonal closure, which is expected to better achieve the required effort reduction. The affected states have already issued regulations that comply with this change. Consistent with the Atlantic Coastal Act, we intend 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 the proposed action is to assist in the reduction of fishing exploitation by 10 percent as part of an overall effort to rebuild the Southern New England lobster stock. The legal basis for the proposed action is the ISFMP and promulgating regulations at 50 CFR part 697. Description and Estimate of the Number of Small Entities to Which the Proposed Rule Would Apply The RFA recognizes and defines three kinds of small entities: Small businesses; small organizations; and small governmental jurisdictions. The Small Business Administration (SBA) size standards define whether a business entity is small and, thus, eligible for Government programs and preferences reserved for ``small business'' concerns. Size standards have been established (and recently modified) for all for- profit economic activities or industries in the North American Industry Classification System (NAICS). Designations of large and small entities were based on each entity's 3-year average landings. For entities landing a plurality of revenue in shellfish (NAICS 111412), the threshold for ``large'' is $5.0 million. For entities landing a plurality of revenue in finfish (NAICS 111411), the threshold for ``large'' is $19.0 million. The number of directly regulated entities for purposes of analyzing the economic impacts and describing those that are small businesses is selected based on permits held. Since this proposed regulation applies only to the businesses that hold Area 4 permits, only those business entities are evaluated. Business entities that do not own vessels with directly regulated permits are not described. Of the 47 small entities identified in the IRFA, 23 are considered a shellfish business, 12 are considered a finfish business, and 12 could not be identified [[Page 46536]] as either because even though they had a lobster permit (in Area 4), they had no earned revenue from fishing activity. Because they had no revenue in the last 3 years, they would be considered small by default, but would also be considered as latent effort. The entity definition used by the Northeast Fisheries Science Center Social Sciences Branch uses only unique combinations of owners. That is, entities are not combined if they have a shared owner. Section 3 of the SBA defines affiliation as: Affiliation may arise among two or more persons with an identity of interest. Individuals or firms that have identical or substantially identical business or economic interests (such as family members, individuals or firms with common investments, or firms that are economically dependent through contractual or other relationships) may be treated as one party with such interests aggregated (13 CFR 121.103(f)). The recent addition of vessel owner information to the permit data allows us to better define fishing ``businesses.'' The vessel ownership data identify all the individual people who own fishing vessels. Vessels can be grouped together according to common owners, which can then be treated as a fishing business, for purposes of RFA analyses. Revenues summed across all vessels in the group and the activities that generate those revenues form the basis for determining whether the entity is a large or small business. Ownership data are available for the potentially impacted by the proposed action from 2010 onward. A person who does not currently own a fishing vessel, but who has owned a qualifying vessel that has sunk, been destroyed, or transferred to another person, must apply for and receive a ``confirmation of history'' (CPH) if the fishing and permit history of such vessel has been retained lawfully by the applicant. Issuance of a valid CPH preserves the eligibility of the applicant to apply for a permit for a replacement vessel based on the qualifying vessel's fishing and permit history at a subsequent time. The ownership data based on the permits held do not contain information on CPH permits. A total of six CPH's exist for lobster Area 4. While considering the number of affected entities, it is also worth noting that the vast majority of permit holders are either dually permitted (i.e., issued both a Federal and state permit) or otherwise subject to a state's lobster regulations. Accordingly, most all Federal permit holders will be required to comply with the proposed measures even if NMFS does not implement these measures. In other words, these Federal permit holders will be obligated to comply with these measures and responsibilities attendant to their state permit regardless of whether these same measures are also required under their Federal permit. In fact, if we do not take the proposed action, these dual permit holders will be restricted for a total of 3 months (February 1- March 31 under the Federal permit and April 30-May 31 under the state permit). Neither the Technical Committee or the Lobster Board recommended this scenario. Descriptions of Significant Alternatives Which Minimize Any Significant Economic Impact of Proposed Action on Small Entities Due to the expected high rate of dual permitting and that the fact that all of the impacted states already comply with the revised Area 4 seasonal closure or soon will, the majority of Federal vessels must already abide by these requirements, and therefore have already been impacted. For those vessels not dually permitted, this change in the Area 4 seasonal closure can be expected to have limited economic impact to permit holders. Because the proposed regulations are consistent with Commission recommendations and current state regulations, alternative measures, such as maintaining the status quo, would likely create inconsistencies and regulatory disconnects with the states and would likely worsen potential economic impacts. Therefore, the status quo was not considered reasonable, and, for similar reasons, other alternatives that maintained disconnected state and Federal closures were not considered. The status quo is also inconsistent with the objectives of Addendum XVII to the ISFMP and, consequently, was not considered. Reporting, Recordkeeping and Other Compliance Requirements This action contains no new collection-of-information, reporting, or recordkeeping requirements. Duplication, Overlap or Conflict With Other Federal Rules This action does not duplicate, overlap, or conflict with any other Federal Laws. List of Subjects in 50 CFR Part 697 Fisheries, fishing. Dated: July 30, 2015. 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. 5101 et seq. 0 2. In Sec. 697.7, revise paragraph (c)(1)(xxx)(B) to read as follows: Sec. 697.7 Prohibitions. * * * * * (c) * * * (1) * * * (xxx) * * * (B) Area 4 seasonal closure. The Federal waters of Area 4 shall be closed to lobster fishing from April 30 through May 31. (1) Lobster fishing is prohibited in Area 4 during this seasonal closure. Federal lobster permit holders are prohibited from possessing or landing lobster taken from Area 4 during the seasonal closure. (2) All lobster traps must be removed from Area 4 waters before the start of the seasonal closure and may not be re-deployed into Area 4 waters until after the seasonal closure ends. Federal trap fishers are prohibited from setting, hauling, storing, abandoning, or in any way leaving their traps in Area 4 waters during this seasonal closure. (i) Lobster fishers have a 1-week grace period from May 24 to May 31 to re-set gear in the closed area. During this grace period, re-set traps may not be re-hauled and any Federal lobster permit holder re- setting Area 4 traps during this grace period is prohibited from possessing on board any lobster regardless of the area from which the lobster may have been harvested. (ii) [Reserved] (3) Federal lobster permit holders are prohibited from possessing or carrying lobster traps aboard a vessel in Area 4 waters during this seasonal closure unless the vessel is operating subject to the grace period identified in paragraph (c)(1)(xxx)(B)(2)(ii) of this section or is transiting through Area 4 pursuant to paragraph (c)(1)(xxx)(B)(5) of this section. (4) The Area 4 seasonal closure relates only to Area 4. The restrictive provisions of Sec. 697.3 and Sec. 697.4(a)(7)(v) do not apply to this closure. Federal [[Page 46537]] lobster permit holders with an Area 4 designation and another Lobster Management Area designation on their Federal lobster permits would not have to similarly remove their lobster gear from the other designated management areas. (5) Transiting Area 4. Federal lobster permit holders may possess lobster traps on their vessels in Area 4 during the seasonal closure only if: (i) The trap gear is stowed; and (ii) The vessel is transiting the Area 4. For the purposes of this section, transiting shall mean passing through Area 4 without stopping, to reach a destination outside Area 4. (6) The Regional Administrator may authorize a permit holder or vessel owner to haul ashore lobster traps from Area 4 during the seasonal closure without having to engage in the exempted fishing process in Sec. 697.22, if the permit holder or vessel owner can establish the following: (i) That the lobster traps were not able to be hauled ashore before the seasonal closure due to incapacity, vessel/mechanical inoperability, and/or poor weather; and (ii) That all lobsters caught in the subject traps will be immediately returned to the sea. (iii) The Regional Administrator may condition this authorization as appropriate in order to maintain the overall integrity of the closure. * * * * * [FR Doc. 2015-19233 Filed 8-4-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules 46533
licenses, in addition to 82 commercial time and benefit from the exemption. with paragraphs (e) through (g) of this
dive licenses. In 2014, 438 of these Based on available information, NMFS section. In addition, a vessel issued a
licenses were active (i.e., landed has determined that all 40 NGOM- Federal Northern Gulf of Maine permit
scallops at least once). There are permitted vessels that would be fishing in State of Maine waters may
currently 40 federally NGOM-permitted impacted by this rule are small entities fish under the State of Maine state
vessels also issued Maine commercial under the Small Business waters exemption specified in
scallop licenses, and 12 of them are Administration’s size standards because paragraph (d) of this section, provided
currently active in the state fishery. If they are all engaged in the business of the vessel is in compliance with
these federally permitted vessels were fish harvesting, are independently paragraphs (e) through (g) of this
allowed to continue fishing for scallops owned or operated, are not dominant in section.
in Maine state waters after the NGOM their field of operation, and have annual * * * * *
TAC is harvested, Maines’s restrictive gross receipts not in excess of $5.5 [FR Doc. 2015–19149 Filed 8–4–15; 8:45 am]
scallop fishery regulations would still million if fishing for shellfish (NAICS BILLING CODE 3510–22–P
limit mortality and effort. Allowing for code: 114112).
this NGOM exemption would have no This exemption is expected to have
impact on the effectiveness of Federal positive impacts on the revenues of DEPARTMENT OF COMMERCE
management measures for the scallop applicable scallop vessels and positive
fishery overall or within the NGOM impacts on the overall economic National Oceanic and Atmospheric
management area because the NGOM benefits from the scallop resource in Administration
Federal TAC is set based only on the state waters. Should the Federal NGOM
portion of the resource in Federal fishery close, this exemption will result 50 CFR Part 697
waters. in moderate to high positive impacts on [Docket No. 150610515–5515–01]
Maine is the only state that has scallop revenue in Maine because
requested a NGOM closure exemption. NGOM scallopers will be able to RIN 0648–BF16
Maine requested that this exemption continue fishing for scallops in state
apply only to vessels with Federal waters. This proposed action would not Fisheries of the Northeastern United
NGOM permits. As such, all other have any additional impacts on States; Atlantic Coastal Fisheries
federally permitted scallop vessel federally permitted vessels beyond what Cooperative Management Act
categories would be prohibited from was analyzed in Framework 26 and Provisions; American Lobster Fishery
retaining, possessing, and landing would not create any additional AGENCY: National Marine Fisheries
scallops from within the NGOM economic impacts that were not Service (NMFS), National Oceanic and
management area, in both Federal and considered in that action’s FRFA. Atmospheric Administration (NOAA),
state waters, once the NGOM hard TAC Commerce.
is fully harvested. List of Subjects in 50 CFR Part 648
ACTION: Proposed rule; request for
Classification Fisheries, Fishing, Recordkeeping and
comments.
reporting requirements.
Pursuant to section 304(b)(1)(A) of the
Dated: July 30, 2015. SUMMARY: Based on Atlantic States
Magnuson-Stevens Act, the NMFS
Samuel D. Rauch III, Marine Fisheries Commission
Assistant Administrator has determined
Deputy Assistant Administrator for recommendations, we, the National
that this proposed rule is consistent
Regulatory Programs, National Marine Marine Fisheries Service, are proposing
with the FMP, other provisions of the
Fisheries Service. to modify the Lobster Conservation
Magnuson-Stevens Act, and other
Management Area 4 seasonal closure
applicable law, subject to further For the reasons set out in the
and are requesting comment. This
consideration after public comment. preamble, 50 CFR part 648 is proposed
This proposed rule has been action is necessary to reduce fishing
to be amended as follows:
determined to be not significant for effort in Area 4 by 10 percent. This
purposes of Executive Order 12866. PART 648—FISHERIES OF THE action is intended to ensure fishery
The Chief Council for Regulation of NORTHEASTERN UNITED STATES regulations for the lobster fishery in
the Department of Commerce certified Federal waters remain consistent with
to the Chief Council for Advocacy of the ■ 1. The authority citation for part 648 the Commission’s Interstate Fishery
Small Business Administration that this continues to read as follows: Management Plan for American Lobster
proposed rule, if adopted, would not Authority: 16 U.S.C. 1801 et seq. and previously implemented state
have a significant economic impact on measures and the intent of the Atlantic
■ 2. In § 648.54, paragraph (a)(4) is Coastal Fisheries Cooperative
a substantial number of small entities. revised to read as follows:
The ability for states with territorial Management Act.
waters located within the NGOM § 648.54 State waters exemption. DATES: Comments must be received on
management area to apply for this (a) * * * or before September 4, 2015.
specific exemption was included into (4) The Regional Administrator has ADDRESSES: You may submit comments
the Scallop FMP through Framework 26, determined that the State of Maine has on this document, identified by NOAA–
which was implemented in May 2015. a scallop fishery conservation program NMFS–2015–0075, by any of the
That action included a Final Regulatory for its scallop fishery that does not following methods:
• Electronic Submission: Submit all
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Flexibility Analyses (FRFA) that jeopardize the biomass and fishing
analyzed the economic impacts of this mortality/effort limit objectives of the electronic public comments via the
NGOM exemption on small entities. Scallop FMP. A vessel fishing in State Federal e-Rulemaking Portal. Go to
This action would impact up to 40 of Maine waters may fish under the www.regulations.gov/
NGOM-permitted vessels home ported State of Maine state waters exemption, #!docketDetail;D=NOAA-NMFS-2015-
in Maine. Although only 12 of these subject to the exemptions specified in 0075, click the ‘‘Comment Now!’’ icon,
vessels are currently active, more paragraphs (b) and (c) of this section, complete the required fields, and enter
vessels could enter the fishery at any provided the vessel is in compliance or attach your comments.
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![46536 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules
as either because even though they had measures. In other words, these Federal Dated: July 30, 2015.
a lobster permit (in Area 4), they had no permit holders will be obligated to Samuel D. Rauch III,
earned revenue from fishing activity. comply with these measures and Deputy Assistant Administrator for
Because they had no revenue in the last responsibilities attendant to their state Regulatory Programs, National Marine
3 years, they would be considered small permit regardless of whether these same Fisheries Service.
by default, but would also be considered measures are also required under their For the reasons set out in the
as latent effort. Federal permit. In fact, if we do not take preamble, 50 CFR part 697 is proposed
The entity definition used by the the proposed action, these dual permit to be amended as follows:
Northeast Fisheries Science Center
holders will be restricted for a total of
Social Sciences Branch uses only PART 697—ATLANTIC COASTAL
3 months (February 1–March 31 under
unique combinations of owners. That is, FISHERIES COOPERATIVE
entities are not combined if they have a the Federal permit and April 30–May 31
under the state permit). Neither the MANAGEMENT
shared owner. Section 3 of the SBA
defines affiliation as: Affiliation may Technical Committee or the Lobster ■ 1. The authority citation for part 697
arise among two or more persons with Board recommended this scenario. continues to read as follows:
an identity of interest. Individuals or Descriptions of Significant Alternatives Authority: 16 U.S.C. 5101 et seq.
firms that have identical or substantially Which Minimize Any Significant
identical business or economic interests ■ 2. In § 697.7, revise paragraph
Economic Impact of Proposed Action (c)(1)(xxx)(B) to read as follows:
(such as family members, individuals or
on Small Entities
firms with common investments, or § 697.7 Prohibitions.
firms that are economically dependent Due to the expected high rate of dual
through contractual or other * * * * *
permitting and that the fact that all of (c) * * *
relationships) may be treated as one the impacted states already comply with
party with such interests aggregated (13 (1) * * *
the revised Area 4 seasonal closure or (xxx) * * *
CFR 121.103(f)). soon will, the majority of Federal
The recent addition of vessel owner (B) Area 4 seasonal closure. The
vessels must already abide by these Federal waters of Area 4 shall be closed
information to the permit data allows us
to better define fishing ‘‘businesses.’’ requirements, and therefore have to lobster fishing from April 30 through
The vessel ownership data identify all already been impacted. For those May 31.
the individual people who own fishing vessels not dually permitted, this (1) Lobster fishing is prohibited in
vessels. Vessels can be grouped together change in the Area 4 seasonal closure Area 4 during this seasonal closure.
according to common owners, which can be expected to have limited Federal lobster permit holders are
can then be treated as a fishing business, economic impact to permit holders. prohibited from possessing or landing
for purposes of RFA analyses. Revenues Because the proposed regulations are lobster taken from Area 4 during the
summed across all vessels in the group consistent with Commission seasonal closure.
and the activities that generate those recommendations and current state (2) All lobster traps must be removed
revenues form the basis for determining regulations, alternative measures, such from Area 4 waters before the start of
whether the entity is a large or small as maintaining the status quo, would the seasonal closure and may not be re-
business. Ownership data are available likely create inconsistencies and deployed into Area 4 waters until after
for the potentially impacted by the regulatory disconnects with the states the seasonal closure ends. Federal trap
proposed action from 2010 onward. fishers are prohibited from setting,
and would likely worsen potential
A person who does not currently own hauling, storing, abandoning, or in any
economic impacts. Therefore, the status
a fishing vessel, but who has owned a way leaving their traps in Area 4 waters
quo was not considered reasonable, and, during this seasonal closure.
qualifying vessel that has sunk, been
for similar reasons, other alternatives (i) Lobster fishers have a 1-week grace
destroyed, or transferred to another
that maintained disconnected state and period from May 24 to May 31 to re-set
person, must apply for and receive a
‘‘confirmation of history’’ (CPH) if the Federal closures were not considered. gear in the closed area. During this grace
fishing and permit history of such vessel The status quo is also inconsistent with period, re-set traps may not be re-hauled
has been retained lawfully by the the objectives of Addendum XVII to the and any Federal lobster permit holder
applicant. Issuance of a valid CPH ISFMP and, consequently, was not re-setting Area 4 traps during this grace
preserves the eligibility of the applicant considered. period is prohibited from possessing on
to apply for a permit for a replacement Reporting, Recordkeeping and Other board any lobster regardless of the area
vessel based on the qualifying vessel’s from which the lobster may have been
Compliance Requirements
fishing and permit history at a harvested.
subsequent time. The ownership data This action contains no new (ii) [Reserved]
based on the permits held do not collection-of-information, reporting, or (3) Federal lobster permit holders are
contain information on CPH permits. A recordkeeping requirements. prohibited from possessing or carrying
total of six CPH’s exist for lobster Area lobster traps aboard a vessel in Area 4
4. Duplication, Overlap or Conflict With waters during this seasonal closure
While considering the number of Other Federal Rules unless the vessel is operating subject to
affected entities, it is also worth noting the grace period identified in paragraph
This action does not duplicate,
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that the vast majority of permit holders (c)(1)(xxx)(B)(2)(ii) of this section or is
are either dually permitted (i.e., issued overlap, or conflict with any other transiting through Area 4 pursuant to
both a Federal and state permit) or Federal Laws. paragraph (c)(1)(xxx)(B)(5) of this
otherwise subject to a state’s lobster List of Subjects in 50 CFR Part 697 section.
regulations. Accordingly, most all (4) The Area 4 seasonal closure relates
Federal permit holders will be required Fisheries, fishing. only to Area 4. The restrictive
to comply with the proposed measures provisions of § 697.3 and § 697.4(a)(7)(v)
even if NMFS does not implement these do not apply to this closure. Federal
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![Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules 46537
lobster permit holders with an Area 4 transiting shall mean passing through closure due to incapacity, vessel/
designation and another Lobster Area 4 without stopping, to reach a mechanical inoperability, and/or poor
Management Area designation on their destination outside Area 4. weather; and
Federal lobster permits would not have (6) The Regional Administrator may (ii) That all lobsters caught in the
to similarly remove their lobster gear authorize a permit holder or vessel subject traps will be immediately
from the other designated management owner to haul ashore lobster traps from returned to the sea.
areas. Area 4 during the seasonal closure
(5) Transiting Area 4. Federal lobster (iii) The Regional Administrator may
without having to engage in the condition this authorization as
permit holders may possess lobster traps
exempted fishing process in § 697.22, if appropriate in order to maintain the
on their vessels in Area 4 during the
the permit holder or vessel owner can overall integrity of the closure.
seasonal closure only if:
(i) The trap gear is stowed; and establish the following: * * * * *
(ii) The vessel is transiting the Area 4. (i) That the lobster traps were not able [FR Doc. 2015–19233 Filed 8–4–15; 8:45 am]
For the purposes of this section, to be hauled ashore before the seasonal BILLING CODE 3510–22–P
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Document Created: 2018-02-23 10:53:19
Document Modified: 2018-02-23 10:53:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Comments must be received on or before September 4, 2015. | |
| Contact | Allison Murphy, Fishery Policy Analyst, (978) 281-9122. | |
| FR Citation | 80 FR 46533 | |
| RIN Number | 0648-BF16 | |
| CFR Associated | Fisheries and Fishing |
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