80_FR_69836 80 FR 69619 - Fisheries of the Northeastern United States; Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery

80 FR 69619 - 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 217 (November 10, 2015)

Page Range69619-69622
FR Document2015-28544

This action modifies the timing of the Lobster Conservation Management Area 4 seasonal closure. This action is necessary 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. This action is intended to ensure fishing effort is reduced in Area 4.

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Rules and Regulations]
[Pages 69619-69622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28544]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 150610515-5999-02]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action modifies the timing of the Lobster Conservation 
Management Area 4 seasonal closure. This action is necessary 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. 
This action is intended to ensure fishing effort is reduced in Area 4.

DATES: This rule is effective December 10, 2015.

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

SUPPLEMENTARY INFORMATION:

Background

    The American lobster fishery is managed by the Atlantic States 
Marine Fisheries Commission under Amendment 3 to the Interstate Fishery 
Management Plan for American Lobster (ISFMP). 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.

[[Page 69620]]

[GRAPHIC] [TIFF OMITTED] TR10NO15.000

    The 2009 stock assessment indicated that the Southern New England 
American lobster stock, which includes all or part of six areas 
including Area 4, is at a low level of abundance. The stock is 
experiencing persistent recruitment failure caused by a combination of 
environmental factors and continued fishing mortality. To address the 
poor condition of the stock, the Commission adopted Addendum XVII to 
Amendment 3 of the ISFMP in February of 2012. The measures in the 
addendum 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/uploads/file/amLobsterAddendumXVII_feb2012.pdf.
    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 a mandatory v-notching 
requirement for egg-bearing female lobsters and an annual seasonal 
closure from February 1-March 31. States came into compliance with 
Addendum XVII by January 1, 2013.

Approved Measures

    We are changing 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 initial February 1-March 31 Area 4 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 only achieved 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. 
The changes implemented by this rule ensure consistency between state 
and Federal Area 4 management measures.

Comments and Responses

    Our proposed rule, published August 5, 2015 (80 FR 46533), 
solicited comments through September 4, 2015. We received three 
comments, one from the Atlantic States Marine Fisheries Commission, one 
from the Atlantic Offshore Lobstermen's Association, and one from the 
Massachusetts Lobstermen's Association, in response to the proposed 
rule. A summary of the comments and our responses is provided below.
    Comment 1: All three comments supported our action to modify the 
date of the closure to April 30-May 31 to ensure consistency between 
American lobster management in state and Federal waters.
    Response: We agree and are implementing through this rule the 
annual seasonal closure shift to April 30-May 31.
    Comment 2: Both Associations suggested edits to the vessel 
transiting provisions of the Area 4 seasonal closure. Both groups asked 
that we clarify that lobster caught in other Lobster Conservation 
Management

[[Page 69621]]

Areas could be retained on board while a vessel transits Area 4.
    Response: We agree that a lobster vessel transiting Area 4 during 
the closure should be allowed to possess lobster legally caught in 
other areas. All of the seasonal closures (in Areas 4, 5, and the Outer 
Cape) contain transiting provisions allowing a vessel to transit 
through the area while closed, with gear properly stowed. The intent of 
the transiting provision is to allow a vessel to fish in an open area 
and transit through a seasonally closed area to return to port.
    The wording of the proposed rule already allows a lobster vessel to 
transit an area closure with lobsters legally caught in other areas. As 
a result, although we acknowledge the commenters' concerns, we are not 
modifying the Area 4 transiting provisions from those we proposed.
    In addition, changing transiting regulations for Area 4 would 
create an inconsistency with the transiting regulations for other 
areas. Changing the transiting provisions in Area 4 could lead industry 
to believe that lobsters could not be retained onboard while transiting 
Areas 5 or the Outer Cape. We do not want to create additional 
confusion. Therefore, we are not modifying the transiting provisions.

Classification

    This final rule has been determined to be consistent with the 
provisions of the Atlantic Coastal Act, the National Standards of the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order (E.O.) 12866.
    This final rule does not contain policies with federalism 
implications as that term is defined in E.O. 13132. The approved 
measures are based upon the American Lobster ISFMP that was created by 
and is overseen by the states. These measures were a result of a 
modification to Addendum XVII measures, which was approved by the 
Commission's American Lobster Board, recommended by 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 measures 
would not pre-empt state law and would do nothing to directly regulate 
the states.
    This final rule does not contain a collection of information 
requirement subject to review and approval by the Office of Management 
and Budget under the Paperwork Reduction Act.
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires 
agencies to assess the economic impacts of their 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 a Final Regulatory Flexibility Analysis (FRFA) for this action 
as required by section 603 of the RFA. The FRFA describes the economic 
impact this final rule would have on small entities. The approved 
management measure would affect small entities (i.e., Federal lobster 
permit holders) fishing in Southern New England, specifically in Area 
4.

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

    No public comments were submitted about the IRFA. See the Comments 
and Responses section for general comments received on the rule's 
measures.

Description and Estimate of the Number of Small Entities to Which the 
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 majority of revenue in shellfish (NAICS 111412), the 
threshold for ``large'' is $5.5 million. For entities landing a 
plurality of revenue in finfish (NAICS 111411), the threshold for 
``large'' is $20.5 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. Because 
this 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 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 and 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 Small Business Act 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 
those potentially impacted by this 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.

[[Page 69622]]

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements.

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

    Due to the expected high rate of dual permitting and that the 
states are already compliant with the revised Area 4 seasonal closure, 
the majority of Federal vessels must already abide by these 
requirements and have already been impacted. For those vessels not 
dually permitted, this change in the Area 4 seasonal closure can be 
expected to have a limited economic impact to permit holders. Because 
the regulations are consistent with Commission recommendations and 
current state regulations, alternative measures, such as maintain 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.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, we will send a small entity compliance guide 
to all Federal permit holders affected by this action. In addition, 
copies of this final rule and guide (i.e., information bulletin) are 
available from NMFS (see ADDRESSES) and at the following Web site: 
http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/lobster/index.html.

List of Subjects in 50 CFR Part 697

    Fisheries, fishing.

    Dated: November 5, 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 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 paragraphs (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)(i) 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. Sec.  697.3 and 697.4(a)(7)(v) do not 
apply to this closure. Federal 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. 2015-28544 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                              Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations                                                      69619

                                                                    EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
                                                                               Applicable geographical
                                                         Title                                                    State date            EPA approval                                 Comments
                                                                               or non-attainment area

                                             Section 110(a)(2) infra-         Statewide ......................      12/5/2007    7/13/2011, 76 FR 41075        Addresses the following CAA elements:
                                               structure requirements                                                                                            110(a)(2)(A)–(C), (D)(ii), (E)–(H), and (J)–(M).
                                               for the 1997 PM2.5
                                               NAAQS.
                                             Section 110(a)(2) infra-         Statewide ......................       9/4/2009    10/29/2012, 77 FR             Addresses the following CAA elements:
                                               structure requirements                                                              65478.                        110(a)(2)(A), (B), (C), (D)(ii), (E)(i) and (E)(iii),
                                               for the 2006 PM2.5                                                                                                (F)–(H), (J) {except PSD}, and (K)–(M).
                                               NAAQS.
                                             Section 110(a)(2) infra-         Statewide ......................       6/7/2013    4/7/2014, 79 FR 18999         Addresses the         following    CAA      elements:
                                               structure requirements                                                                                            110(a)(2)(E)(ii).
                                               for the 2006 PM2.5
                                               NAAQS.
                                             Section 110(a)(2) infra-         Statewide ......................    10/12/2011     10/6/2014, 79 FR 60075        Addresses the following CAA elements:
                                               structure requirements                                                                                            110(a)(2) (C), (D)(i)(II), (D)(ii), and the PSD
                                               for the 2008 lead                                                                                                 portion of (J).
                                               NAAQS.
                                             Section 110(a)(2) infra-         Statewide ......................       2/8/2013    10/6/2014, 79 FR 60075        Addresses the following CAA                 elements:
                                               structure requirements                                                                                            110(a)(2) (A) to (H) and (J) to (M).
                                               for the 2010 NO2
                                               NAAQS.
                                             Section 110(a)(2) infra-         Statewide ......................    12/27/2012     10/16/2014, 79 FR             Addresses the following CAA                 elements:
                                               structure requirements                                                              60219.                        110(a)(2) (A) to (H) and (J) to (M).
                                               for the 2008 ozone
                                               NAAQS.

                                                                                                                      Summary of Plan Element

                                             Particulate Matter (PM–          Statewide ......................    11/14/1991     6/27/1994, 59 FR 27464
                                               10) Plan.

                                                     Summary of the 15 Percent (%) Rate of Progress (ROP) Plan Control Measures for Volatile Organic Compounds (VOC) Emissions

                                             Cincinnati 15% Plan ......       Cincinnati (Butler,                   3/19/1994    3/30/1998, 63 FR 4188
                                                                                Clermont, Hamilton,
                                                                                and Warren Counties).



                                             § 52.1890    [Removed and Reserved]                          DEPARTMENT OF COMMERCE                                 Lobster and previously implemented
                                                                                                                                                                 state measures and the intent of the
                                             ■   3. Remove and reserve § 52.1890.                         National Oceanic and Atmospheric                       Atlantic Coastal Fisheries Cooperative
                                             § 52.1891    [Removed and Reserved]
                                                                                                          Administration                                         Management Act. This action is
                                                                                                                                                                 intended to ensure fishing effort is
                                             ■   4. Remove and reserve § 52.1891.                         50 CFR Part 697                                        reduced in Area 4.
                                             ■ 5. In the newly redesignated § 52.1894                     [Docket No. 150610515–5999–02]                         DATES: This rule is effective December
                                             revise the section heading and                                                                                      10, 2015.
                                                                                                          RIN 0648–BF16                                          FOR FURTHER INFORMATION CONTACT:
                                             paragraph (a) to read as follows:
                                                                                                                                                                 Allison Murphy, Fishery Policy Analyst,
                                             § 52.1894    Original Identification of plan                 Fisheries of the Northeastern United                   (978) 281–9122.
                                             section.                                                     States; Atlantic Coastal Fisheries
                                                                                                          Cooperative Management Act                             SUPPLEMENTARY INFORMATION:
                                                (a) This section identifies the original                  Provisions; American Lobster Fishery                   Background
                                             ‘‘Air Implementation Plan for the State
                                             of Ohio’’ and all revisions submitted by                     AGENCY:  National Marine Fisheries                        The American lobster fishery is
                                             Ohio that were federally approved prior                      Service (NMFS), National Oceanic and                   managed by the Atlantic States Marine
                                             to September 1, 2015.                                        Atmospheric Administration (NOAA),                     Fisheries Commission under
                                                                                                          Commerce.                                              Amendment 3 to the Interstate Fishery
                                             *      *     *    *     *                                                                                           Management Plan for American Lobster
                                                                                                          ACTION: Final rule.
                                             § 52.1919    [Removed and Reserved]                                                                                 (ISFMP). We manage the portion of the
                                                                                                          SUMMARY:   This action modifies the                    fishery conducted in Federal waters
                                             ■   6. Remove and reserve § 52.1919.                         timing of the Lobster Conservation                     from 3 to 200 miles offshore, based on
                                             [FR Doc. 2015–28498 Filed 11–9–15; 8:45 am]                  Management Area 4 seasonal closure.                    management recommendations made by
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                          This action is necessary to ensure                     the Commission.
                                             BILLING CODE 6560–50–P
                                                                                                          fishery regulations for the lobster fishery               The American lobster management
                                                                                                          in Federal waters remain consistent                    unit is divided between two lobster
                                                                                                          with the Commission’s Interstate                       stocks and seven Lobster Conservation
                                                                                                          Fishery Management Plan for American                   Management Areas.




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                                             69620            Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations




                                                The 2009 stock assessment indicated                  Approved Measures                                     implemented by this rule ensure
                                             that the Southern New England                                                                                 consistency between state and Federal
                                             American lobster stock, which includes                     We are changing the Area 4 seasonal                Area 4 management measures.
                                             all or part of six areas including Area 4,              closure from February 1–March 31 to
                                                                                                     April 30–May 31, consistent with the                  Comments and Responses
                                             is at a low level of abundance. The stock
                                             is experiencing persistent recruitment                  Commission’s recommendation. The                         Our proposed rule, published August
                                                                                                     American Lobster Technical Committee                  5, 2015 (80 FR 46533), solicited
                                             failure caused by a combination of
                                                                                                     analyzed the effectiveness of the initial             comments through September 4, 2015.
                                             environmental factors and continued
                                                                                                     February 1–March 31 Area 4 closure                    We received three comments, one from
                                             fishing mortality. To address the poor
                                                                                                     after it was implemented by the states                the Atlantic States Marine Fisheries
                                             condition of the stock, the Commission                  and presented these results to the
                                             adopted Addendum XVII to                                                                                      Commission, one from the Atlantic
                                                                                                     Commission in late 2014. The Technical                Offshore Lobstermen’s Association, and
                                             Amendment 3 of the ISFMP in February                    Committee’s analysis indicated that the
                                             of 2012. The measures in the addendum                                                                         one from the Massachusetts
                                                                                                     February and March closure in Area 4                  Lobstermen’s Association, in response
                                             were intended to reduce fishing                         only achieved a 3.7-percent reduction in
                                             exploitation on the Southern New                                                                              to the proposed rule. A summary of the
                                                                                                     effort, falling short of the required 10-             comments and our responses is
                                             England lobster stock by 10 percent.                    percent reduction. The Technical                      provided below.
                                             Copies of the addendum are available                    Committee recommended that the
                                             on the Commission’s Web site at:                                                                                 Comment 1: All three comments
                                                                                                     Lobster Board shift the annual seasonal
                                             http://www.asmfc.org/uploads/file/                                                                            supported our action to modify the date
                                                                                                     closure from February 1–March 31 to
                                             amLobsterAddendumXVII_feb2012.pdf.                                                                            of the closure to April 30–May 31 to
                                                                                                     April 30–May 31. The Technical
                                                                                                                                                           ensure consistency between American
                                                Consistent with the Commission’s                     Committee projected that this shift
                                                                                                                                                           lobster management in state and Federal
                                             action in Addendum XVII, we issued                      would achieve a 10.1-percent reduction
                                                                                                                                                           waters.
                                             complementary regulations (80 FR 2028;                  in effort. The Lobster Board reviewed
                                                                                                     this analysis and approved the Area 4                    Response: We agree and are
                                             January 15, 2015) for Areas 2, 3, 4, and                                                                      implementing through this rule the
                                             5. Measures for Area 4 included a                       seasonal closure modification during
                                                                                                     several meetings in late 2014 and early               annual seasonal closure shift to April
                                             mandatory v-notching requirement for                                                                          30–May 31.
                                                                                                     2015. The Lobster Board also
rmajette on DSK2TPTVN1PROD with RULES




                                             egg-bearing female lobsters and an
                                                                                                     recommended that all jurisdictions                       Comment 2: Both Associations
                                             annual seasonal closure from February
                                                                                                     change the closure date to April 30–May               suggested edits to the vessel transiting
                                             1–March 31. States came into
                                                                                                     31 annually. New York and New Jersey                  provisions of the Area 4 seasonal
                                             compliance with Addendum XVII by
                                                                                                     (the two states bordering Area 4) have                closure. Both groups asked that we
                                             January 1, 2013.                                        already adjusted their regulatory closure             clarify that lobster caught in other
                                                                                                                                                                                                      ER10NO15.000</GPH>




                                                                                                     to this later date. The changes                       Lobster Conservation Management


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                                                              Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations                                       69621

                                             Areas could be retained on board while                     The Regulatory Flexibility Act (RFA),                 Of the 47 small entities identified in
                                             a vessel transits Area 4.                               5 U.S.C. 601–612, requires agencies to                the IRFA, 23 are considered a shellfish
                                                Response: We agree that a lobster                    assess the economic impacts of their                  business, 12 are considered a finfish
                                             vessel transiting Area 4 during the                     regulations on small entities. The                    business, and 12 could not be identified
                                             closure should be allowed to possess                    objective of the RFA is to consider the               as either because even though they had
                                             lobster legally caught in other areas. All              impacts of a rulemaking on small                      a lobster permit (in Area 4), they had no
                                             of the seasonal closures (in Areas 4, 5,                entities, and the capacity of those                   earned revenue from fishing activity.
                                             and the Outer Cape) contain transiting                  affected by regulations to bear the direct            Because they had no revenue in the last
                                             provisions allowing a vessel to transit                 and indirect costs of regulation. We                  3 years, they would be considered small
                                             through the area while closed, with gear                prepared a Final Regulatory Flexibility               by default and would also be considered
                                             properly stowed. The intent of the                      Analysis (FRFA) for this action as                    as latent effort.
                                             transiting provision is to allow a vessel               required by section 603 of the RFA. The
                                             to fish in an open area and transit                     FRFA describes the economic impact                       The entity definition used by the
                                             through a seasonally closed area to                     this final rule would have on small                   Northeast Fisheries Science Center
                                             return to port.                                         entities. The approved management                     Social Sciences Branch uses only
                                                The wording of the proposed rule                     measure would affect small entities (i.e.,            unique combinations of owners. That is,
                                             already allows a lobster vessel to transit              Federal lobster permit holders) fishing               entities are not combined if they have a
                                             an area closure with lobsters legally                   in Southern New England, specifically                 shared owner. Section 3 of the Small
                                             caught in other areas. As a result,                     in Area 4.                                            Business Act defines affiliation as:
                                             although we acknowledge the                                                                                   Affiliation may arise among two or more
                                                                                                     A Summary of the Significant Issues
                                             commenters’ concerns, we are not                                                                              persons with an identity of interest.
                                                                                                     Raised by the Public in Response to the
                                             modifying the Area 4 transiting                         IRFA, a Summary of the Agency’s                       Individuals or firms that have identical
                                             provisions from those we proposed.                      Assessment of Such Issues, and a                      or substantially identical business or
                                                In addition, changing transiting                     Statement of Any Changes Made in the                  economic interests (such as family
                                             regulations for Area 4 would create an                  Final Rule as a Result of Such                        members, individuals or firms with
                                             inconsistency with the transiting                       Comments                                              common investments, or firms that are
                                             regulations for other areas. Changing the                                                                     economically dependent through
                                             transiting provisions in Area 4 could                     No public comments were submitted                   contractual or other relationships) may
                                             lead industry to believe that lobsters                  about the IRFA. See the Comments and                  be treated as one party with such
                                             could not be retained onboard while                     Responses section for general comments                interests aggregated (13 CFR 121.103(f)).
                                             transiting Areas 5 or the Outer Cape. We                received on the rule’s measures.
                                             do not want to create additional                                                                                 The recent addition of vessel owner
                                                                                                     Description and Estimate of the Number                information to the permit data allows us
                                             confusion. Therefore, we are not
                                                                                                     of Small Entities to Which the Rule                   to better define fishing ‘‘businesses.’’
                                             modifying the transiting provisions.
                                                                                                     Would Apply                                           The vessel ownership data identify all
                                             Classification                                                                                                the individual people who own fishing
                                                                                                        The RFA recognizes and defines three
                                               This final rule has been determined to                kinds of small entities: Small                        vessels. Vessels can be grouped together
                                             be consistent with the provisions of the                businesses; small organizations; and                  according to common owners, which
                                             Atlantic Coastal Act, the National                      small governmental jurisdictions. The                 can then be treated as a fishing business
                                             Standards of the Magnuson-Stevens Act,                  Small Business Administration (SBA)                   for purposes of RFA analyses. Revenues
                                             and other applicable laws.                              size standards define whether a                       summed across all vessels in the group
                                               This final rule has been determined to                business entity is small and, thus,                   and the activities that generate those
                                             be not significant for the purposes of                  eligible for Government programs and                  revenues form the basis for determining
                                             Executive Order (E.O.) 12866.                           preferences reserved for ‘‘small                      whether the entity is a large or small
                                               This final rule does not contain                      business’’ concerns. Size standards have              business. Ownership data are available
                                             policies with federalism implications as                been established (and recently                        for those potentially impacted by this
                                             that term is defined in E.O. 13132. The                 modified) for all for-profit economic                 action from 2010 onward.
                                             approved measures are based upon the                    activities or industries in the North                    A person who does not currently own
                                             American Lobster ISFMP that was                         American Industry Classification
                                                                                                                                                           a fishing vessel, but who has owned a
                                             created by and is overseen by the states.               System (NAICS). Designations of large
                                             These measures were a result of a                                                                             qualifying vessel that has sunk, been
                                                                                                     and small entities were based on each
                                             modification to Addendum XVII                           entity’s 3-year average landings. For                 destroyed, or transferred to another
                                             measures, which was approved by the                     entities landing a majority of revenue in             person, must apply for and receive a
                                             Commission’s American Lobster Board,                    shellfish (NAICS 111412), the threshold               ‘‘confirmation of history’’ (CPH) if the
                                             recommended by the Commission for                       for ‘‘large’’ is $5.5 million. For entities           fishing and permit history of such vessel
                                             Federal adoption, and are in place at the               landing a plurality of revenue in finfish             has been retained lawfully by the
                                             state level. Consequently, NMFS has                     (NAICS 111411), the threshold for                     applicant. Issuance of a valid CPH
                                             consulted with the states in the creation               ‘‘large’’ is $20.5 million. The number of             preserves the eligibility of the applicant
                                             of the ISFMP, which makes                               directly regulated entities for purposes              to apply for a permit for a replacement
                                             recommendations for Federal action.                     of analyzing the economic impacts and                 vessel based on the qualifying vessel’s
                                             Additionally, these measures would not                  describing those that are small                       fishing and permit history at a
                                             pre-empt state law and would do                         businesses is selected based on permits               subsequent time. The ownership data
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                                             nothing to directly regulate the states.                held. Because this regulation applies                 based on the permits held do not
                                               This final rule does not contain a                    only to the businesses that hold Area 4               contain information on CPH permits. A
                                             collection of information requirement                   permits, only those business entities are             total of six CPH’s exist for lobster
                                             subject to review and approval by the                   evaluated. Business entities that do not              Area 4.
                                             Office of Management and Budget under                   own vessels with directly regulated
                                             the Paperwork Reduction Act.                            permits are not described.


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                                             69622            Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations

                                             Description of Projected Reporting,                     site: http://                                         from which the lobster may have been
                                             Recordkeeping and Other Compliance                      www.greateratlantic.fisheries.noaa.gov/               harvested.
                                             Requirements                                            sustainable/species/lobster/index.html.                  (ii) [Reserved]
                                               This action contains no new                                                                                    (3) Federal lobster permit holders are
                                                                                                     List of Subjects in 50 CFR Part 697
                                             collection-of-information, reporting, or                                                                      prohibited from possessing or carrying
                                                                                                       Fisheries, fishing.                                 lobster traps aboard a vessel in Area 4
                                             recordkeeping requirements.
                                                                                                       Dated: November 5, 2015.                            waters during this seasonal closure
                                             Description of the Steps the Agency Has                 Samuel D. Rauch III,                                  unless the vessel is operating subject to
                                             Taken To Minimize the Significant                       Deputy Assistant Administrator for                    the grace period identified in paragraph
                                             Economic Impact on Small Entities                       Regulatory Programs, National Marine                  (c)(1)(xxx)(B)(2)(i) of this section or is
                                             Consistent With the Stated Objectives of                Fisheries Service.                                    transiting through Area 4 pursuant to
                                             Applicable Statutes                                                                                           paragraph (c)(1)(xxx)(B)(5) of this
                                                                                                       For the reasons set out in the
                                                Due to the expected high rate of dual                                                                      section.
                                                                                                     preamble, 50 CFR part 697 is amended
                                             permitting and that the states are                                                                               (4) The Area 4 seasonal closure relates
                                                                                                     as follows:
                                             already compliant with the revised Area                                                                       only to Area 4. The restrictive
                                             4 seasonal closure, the majority of                     PART 697—ATLANTIC COASTAL                             provisions of §§ 697.3 and 697.4(a)(7)(v)
                                             Federal vessels must already abide by                   FISHERIES COOPERATIVE                                 do not apply to this closure. Federal
                                             these requirements and have already                     MANAGEMENT                                            lobster permit holders with an Area 4
                                             been impacted. For those vessels not                                                                          designation and another Lobster
                                             dually permitted, this change in the                    ■ 1. The authority citation for part 697              Management Area designation on their
                                             Area 4 seasonal closure can be expected                 continues to read as follows:                         Federal lobster permits would not have
                                             to have a limited economic impact to                        Authority: 16 U.S.C. 5101 et seq.                 to similarly remove their lobster gear
                                             permit holders. Because the regulations                                                                       from the other designated management
                                                                                                     ■ 2. In § 697.7, revise paragraphs                    areas.
                                             are consistent with Commission                          (c)(1)(xxx)(B) to read as follows:
                                             recommendations and current state                                                                                (5) Transiting Area 4. Federal lobster
                                             regulations, alternative measures, such                 § 697.7    Prohibitions.                              permit holders may possess lobster traps
                                             as maintain the status quo, would likely                                                                      on their vessels in Area 4 during the
                                                                                                     *      *     *     *     *
                                             create inconsistencies and regulatory                      (c) * * *                                          seasonal closure only if:
                                             disconnects with the states and would                      (1) * * *                                             (i) The trap gear is stowed; and
                                             likely worsen potential economic                           (xxx) * * *                                           (ii) The vessel is transiting the Area 4.
                                             impacts. Therefore, the status quo was                     (B) Area 4 seasonal closure. The                   For the purposes of this section,
                                             not considered reasonable, and for                      Federal waters of Area 4 shall be closed              transiting shall mean passing through
                                             similar reasons, other alternatives that                to lobster fishing from April 30 through              Area 4 without stopping, to reach a
                                             maintained disconnected state and                       May 31.                                               destination outside Area 4.
                                             Federal closures were not considered.                      (1) Lobster fishing is prohibited in                  (6) The Regional Administrator may
                                                                                                     Area 4 during this seasonal closure.                  authorize a permit holder or vessel
                                             Small Entity Compliance Guide                                                                                 owner to haul ashore lobster traps from
                                                                                                     Federal lobster permit holders are
                                               Section 212 of the Small Business                     prohibited from possessing or landing                 Area 4 during the seasonal closure
                                             Regulatory Enforcement Fairness Act of                  lobster taken from Area 4 during the                  without having to engage in the
                                             1996 states that, for each rule or group                seasonal closure.                                     exempted fishing process in § 697.22, if
                                             of related rules for which an agency is                    (2) All lobster traps must be removed              the permit holder or vessel owner can
                                             required to prepare a FRFA, the agency                  from Area 4 waters before the start of                establish the following:
                                             shall publish one or more guides to                     the seasonal closure and may not be re-                  (i) That the lobster traps were not able
                                             assist small entities in complying with                 deployed into Area 4 waters until after               to be hauled ashore before the seasonal
                                             the rule, and shall designate such                      the seasonal closure ends. Federal trap               closure due to incapacity, vessel/
                                             publications as ‘‘small entity                          fishers are prohibited from setting,                  mechanical inoperability, and/or poor
                                             compliance guides.’’ The agency shall                   hauling, storing, abandoning, or in any               weather; and
                                             explain the actions a small entity is                   way leaving their traps in Area 4 waters                 (ii) That all lobsters caught in the
                                             required to take to comply with a rule                  during this seasonal closure.                         subject traps will be immediately
                                             or group of rules. As part of this                         (i) Lobster fishers have a 1-week grace            returned to the sea.
                                             rulemaking process, we will send a                      period from May 24 to May 31 to re-set                   (iii) The Regional Administrator may
                                             small entity compliance guide to all                    gear in the closed area. During this grace            condition this authorization as
                                             Federal permit holders affected by this                 period, re-set traps may not be re-hauled             appropriate in order to maintain the
                                             action. In addition, copies of this final               and any Federal lobster permit holder                 overall integrity of the closure.
                                             rule and guide (i.e., information                       re-setting Area 4 traps during this grace             *       *    *      *     *
                                             bulletin) are available from NMFS (see                  period is prohibited from possessing on               [FR Doc. 2015–28544 Filed 11–9–15; 8:45 am]
                                             ADDRESSES) and at the following Web                     board any lobster regardless of the area              BILLING CODE 3510–22–P
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Document Created: 2018-03-01 11:25:16
Document Modified: 2018-03-01 11:25:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective December 10, 2015.
ContactAllison Murphy, Fishery Policy Analyst, (978) 281-9122.
FR Citation80 FR 69619 
RIN Number0648-BF16
CFR AssociatedFisheries and Fishing

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