82 FR 52871 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Control Date for Lobster Conservation Management Areas
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 219 (November 15, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 219 (November 15, 2017)
| Page Range | 52871-52872 | |
| FR Document | 2017-24714 |
[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)] [Proposed Rules] [Pages 52871-52872] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24714] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 697 [Docket No. 150401332-7999-01] RIN 0648-BF01 Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Control Date for Lobster Conservation Management Areas AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking (ANPR); request for comments. ----------------------------------------------------------------------- SUMMARY: This document announces that NMFS is considering changes to the lobster management program and may select a control date to restrict the number of permits or traps an individual or business entity may own, with specific emphasis on Lobster Conservation Management Areas (LCMAs) 2 and 3. NMFS may use the existing control date of January 27, 2014, which was published in the Federal Register, the publication date of this present ANPR, or another date for this purpose, pending public comment and further input by the Atlantic States Marine Fisheries Commission (Commission). This action may be necessary to control effort in the American lobster fishery and mitigate impacts on the depleted Southern New England (SNE) lobster stock. NMFS intends for this document to promote awareness of possible rulemaking and notify the public that actions taken to acquire lobster trap allocation and permits after the control date may not be recognized in the future. DATES: We must receive written comments on or before December 15, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2013-0169 by any of the following methods: [ssquf] Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0169, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. [ssquf] Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on Lobster Control Date.'' Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. We may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). We accept attachments to electronic comments only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats. FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Policy Analyst, 978-281-9144. SUPPLEMENTARY INFORMATION: Background NMFS works cooperatively with the states to conserve the American lobster resource within the framework of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for American Lobster (ISFMP). Through the ISFMP, the Commission adopts fishery conservation and management strategies for the American lobster resource and coordinates the efforts of the states and NMFS to implement these strategies. The Commission, NMFS, and the affected states have worked to develop a strategy to address the declining SNE stock and control effort in the American lobster fishery. That strategy, which took shape in several addenda to Amendment 3 of the Commission's ISFMP, attempted to achieve this goal while maintaining the historic character of the lobster fishery, which has traditionally been comprised of small owner- operator businesses. As the Commission's ISFMP limited access to the fishery, the Commission was concerned that lobster permits might consolidate among a concentrated number of larger conglomerates. As a result, the Commission's ISFMP introduced the concept of permit restrictions in 2003 in Addendum IV and again in 2005 in Addendum VII. These two addenda contemplated limiting the aggregate number of permits an individual or entity may own in LCMAs 2 and 3. Concern about fishery consolidation and conglomeration intensified with the advent of the Commission's Trap Transfer Program in 2014. The Trap Transfer Program allows lobster fishermen to buy or sell partial trap allocations up to, but not exceeding, any applicable LCMA trap cap. Attrition in the fishery from the SNE stock decline resulted in a relatively high amount of latent trap effort in the SNE LCMAs. The Commission became concerned that businesses could cheaply purchase and combine latent permits and then activate them by transferring the trap allocation onto the permit or by activating traps that were already associated with a permit under the trap banking provisions of Addendum XVIII. Accordingly, the Commission revisited permit and effort restriction strategies in Addendum XXI in August 2013 and Addendum XXII in October 2013. These addenda limit the number of traps that any one individual or entity may own in LCMAs 2 and 3 and are the focus of this rulemaking action. Under these addenda, permit holders may also purchase traps in excess of the active permit cap and ``bank'' them. The banked allocation may be used in the future to offset the economic impacts associated with a multi-year schedule of annual trap reductions in LCMAs 2 and 3 that were adopted in Addendum XVIII [[Page 52872]] to address the continued decline in the SNE lobster stock. In response to the Commission's recommendations for Federal action in Addenda XXI and XXII, NMFS notified the public that we were considering establishing a control date for the purposes of determining the number of traps or permits an individual or entity may hold in LCMAs 2 and 3. The notification, an advance notice of proposed rulemaking (79 FR 4319; January 27, 2014), announced that NMFS could use that publication date, January 27, 2014, or another date for such purpose and that it was developing a rulemaking action to consider the measures set forth in Addenda XXI and XXII. Subsequently, the Commission announced the results of the 2015 American Lobster Stock Assessment that found the SNE lobster stock was severely depleted, with record low abundance and recruitment failure, due to changing environmental conditions and continued fishing mortality. The Commission then focused its efforts on a new addendum to the ISFMP, Addendum XXV, to address the deteriorating condition of the SNE stock. NMFS deferred action on Addenda XXI and XXII while the Commission developed draft Addendum XXV during 2016 and 2017, because elements of Addendum XXV could have rendered the measures in the prior addenda unnecessary. In August 2017, the Commission decided to take no further action on Addendum XXV and requested that we advance the measures in Addenda XXI and XXII for Federal rulemaking. In response, we stet this advance notice of proposed rulemaking to reconsider the use of a control date in consideration of the measures in the two addenda. This document informs the public that NMFS may select January 27, 2014, or another date, as the control date, depending on public comments and input from the Commission. It also gives the public notice that interested participants should locate and preserve records that substantiate and verify their participation in the American lobster fishery. Participation in the fishery after the control date may not be treated the same as participation before the control date. Establishing a control date does not commit NMFS to develop any particular management regime or criteria for participation in these fisheries. Additionally, we may also choose to take no further action to control effort or consolidation in the American lobster fishery. NMFS is seeking specific comments on the appropriateness of using the existing January 27, 2014, control date. The public may also comment on whether another date is better suited as a control date for the lobster fishery. NMFS is also considering several clarifications to existing regulations:Due to enforcement concerns, we are considering modifications to the gear marking requirement for lobster trap trawls with more than three traps to be more consistent with industry practices; The Trap Transfer Program currently requires that trap transfers occur in increments of 10. We intend to remove this restriction to allow permit holders to transfer traps in any increment up to the permit cap for the fishing year to allow permit holders to take full advantage of the program; NMFS is also considering adding a provision to allow a substitute vessel to haul and fish the traps of a federally-permitted lobster vessel that is inoperable or mechanically impaired. The intent is to allow a Federal permit holder to maintain his or her revenue from lobster fishing while the vessel is repaired or replaced. Currently, the regulations only allow a substitute vessel to bring the trap gear ashore; however, some states already permit the use of a substitute vessel to haul and fish traps under specific circumstances. Any future action taken by NMFS will be pursuant to the Atlantic Coastal Fisheries Cooperative Management Act and the Magnuson-Stevens Fishery Conservation and Management Act. This notification and control date do not impose any legal obligations, requirements, or expectation. Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq. Dated: November 8, 2017. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-24714 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Proposed Rules 52871
§ 25.146 [Amended] (Commission). This action may be Commission’s Interstate Fishery
■ 2. In § 25.146, remove paragraph (b) necessary to control effort in the Management Plan for American Lobster
and redesignate paragraphs (c), (d), and American lobster fishery and mitigate (ISFMP). Through the ISFMP, the
(e) as paragraphs (b), (c), and (d). impacts on the depleted Southern New Commission adopts fishery conservation
■ 3. In § 25.217 revise paragraph (b)(1) England (SNE) lobster stock. NMFS and management strategies for the
to read as follows: intends for this document to promote American lobster resource and
awareness of possible rulemaking and coordinates the efforts of the states and
§ 25.217 Default service rules. notify the public that actions taken to NMFS to implement these strategies.
* * * * * acquire lobster trap allocation and The Commission, NMFS, and the
(b)(1) For all NGSO-like satellite permits after the control date may not be affected states have worked to develop
licenses for which the application was recognized in the future. a strategy to address the declining SNE
filed pursuant to the procedures set DATES: We must receive written stock and control effort in the American
forth in § 25.157 after August 27, 2003, comments on or before December 15, lobster fishery. That strategy, which
authorizing operations in a frequency 2017. took shape in several addenda to
band for which the Commission has not Amendment 3 of the Commission’s
adopted frequency band-specific service ADDRESSES: You may submit comments
on this document, identified by ISFMP, attempted to achieve this goal
rules at the time the license is granted, while maintaining the historic character
the licensee will be required to comply NOAA–NMFS–2013–0169 by any of
the following methods: of the lobster fishery, which has
with the following technical
D Electronic Submission: Submit all traditionally been comprised of small
requirements, notwithstanding the owner-operator businesses. As the
electronic public comments via the
frequency bands specified in these rule Commission’s ISFMP limited access to
Federal e-Rulemaking Portal. Go to
provisions: §§ 25.143(b)(2)(ii) (except the fishery, the Commission was
www.regulations.gov/#!docketDetail;D=
NGSO FSS systems), (iii) (except NGSO concerned that lobster permits might
NOAA-NMFS-2013-0169, click the
FSS systems), 25.204(e), 25.210(f), (i). consolidate among a concentrated
‘‘Comment Now!’’ icon, complete the
* * * * * required fields, and enter or attach your number of larger conglomerates. As a
[FR Doc. 2017–24726 Filed 11–14–17; 8:45 am] comments. result, the Commission’s ISFMP
BILLING CODE 6712–01–P D Mail: Submit written comments to introduced the concept of permit
John K. Bullard, Regional restrictions in 2003 in Addendum IV
Administrator, National Marine and again in 2005 in Addendum VII.
DEPARTMENT OF COMMERCE Fisheries Service, 55 Great Republic These two addenda contemplated
Drive, Gloucester, MA 01930. Mark the limiting the aggregate number of permits
National Oceanic and Atmospheric outside of the envelope, ‘‘Comments on an individual or entity may own in
Administration Lobster Control Date.’’ LCMAs 2 and 3.
Instructions: Comments must be Concern about fishery consolidation
50 CFR Part 697 submitted by one of the above methods and conglomeration intensified with the
to ensure that the comments are advent of the Commission’s Trap
[Docket No. 150401332–7999–01]
received, documented, and considered Transfer Program in 2014. The Trap
RIN 0648–BF01 by NMFS. We may not consider Transfer Program allows lobster
comments sent by any other method, to fishermen to buy or sell partial trap
Atlantic Coastal Fisheries Cooperative any other address or individual, or allocations up to, but not exceeding, any
Management Act Provisions; American received after the end of the comment applicable LCMA trap cap. Attrition in
Lobster Fishery; Control Date for period. All comments received are a the fishery from the SNE stock decline
Lobster Conservation Management part of the public record and will resulted in a relatively high amount of
Areas generally be posted for public viewing latent trap effort in the SNE LCMAs.
AGENCY: National Marine Fisheries on www.regulations.gov without change. The Commission became concerned that
Service (NMFS), National Oceanic and All personal identifying information businesses could cheaply purchase and
Atmospheric Administration (NOAA), (e.g., name, address, etc.) submitted combine latent permits and then
Commerce. voluntarily by the sender will be activate them by transferring the trap
ACTION: Advance notice of proposed
publicly accessible. Do not submit allocation onto the permit or by
rulemaking (ANPR); request for confidential business information, or activating traps that were already
comments. otherwise sensitive or protected associated with a permit under the trap
information. NMFS will accept banking provisions of Addendum XVIII.
SUMMARY: This document announces anonymous comments (enter ‘‘N/A’’ in Accordingly, the Commission revisited
that NMFS is considering changes to the the required fields if you wish to remain permit and effort restriction strategies in
lobster management program and may anonymous). We accept attachments to Addendum XXI in August 2013 and
select a control date to restrict the electronic comments only in Microsoft Addendum XXII in October 2013. These
number of permits or traps an Word or Excel, WordPerfect, or Adobe addenda limit the number of traps that
individual or business entity may own, PDF file formats. any one individual or entity may own
with specific emphasis on Lobster FOR FURTHER INFORMATION CONTACT: in LCMAs 2 and 3 and are the focus of
Conservation Management Areas Peter Burns, Fishery Policy Analyst, this rulemaking action. Under these
sradovich on DSK3GMQ082PROD with PROPOSALS
(LCMAs) 2 and 3. NMFS may use the 978–281–9144. addenda, permit holders may also
existing control date of January 27, SUPPLEMENTARY INFORMATION: purchase traps in excess of the active
2014, which was published in the permit cap and ‘‘bank’’ them. The
Federal Register, the publication date of Background banked allocation may be used in the
this present ANPR, or another date for NMFS works cooperatively with the future to offset the economic impacts
this purpose, pending public comment states to conserve the American lobster associated with a multi-year schedule of
and further input by the Atlantic States resource within the framework of the annual trap reductions in LCMAs 2 and
Marine Fisheries Commission Atlantic States Marine Fisheries 3 that were adopted in Addendum XVIII
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![52872 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Proposed Rules
to address the continued decline in the requested that we advance the measures • The Trap Transfer Program
SNE lobster stock. in Addenda XXI and XXII for Federal currently requires that trap transfers
In response to the Commission’s rulemaking. In response, we stet this occur in increments of 10. We intend to
recommendations for Federal action in advance notice of proposed rulemaking remove this restriction to allow permit
Addenda XXI and XXII, NMFS notified to reconsider the use of a control date holders to transfer traps in any
the public that we were considering in consideration of the measures in the increment up to the permit cap for the
establishing a control date for the two addenda. fishing year to allow permit holders to
purposes of determining the number of This document informs the public take full advantage of the program;
traps or permits an individual or entity that NMFS may select January 27, 2014, • NMFS is also considering adding a
may hold in LCMAs 2 and 3. The or another date, as the control date,
provision to allow a substitute vessel to
notification, an advance notice of depending on public comments and
haul and fish the traps of a federally-
proposed rulemaking (79 FR 4319; input from the Commission. It also gives
permitted lobster vessel that is
January 27, 2014), announced that the public notice that interested
inoperable or mechanically impaired.
NMFS could use that publication date, participants should locate and preserve
The intent is to allow a Federal permit
January 27, 2014, or another date for records that substantiate and verify their
holder to maintain his or her revenue
such purpose and that it was developing participation in the American lobster
from lobster fishing while the vessel is
a rulemaking action to consider the fishery. Participation in the fishery after
repaired or replaced. Currently, the
measures set forth in Addenda XXI and the control date may not be treated the
regulations only allow a substitute
XXII. same as participation before the control
Subsequently, the Commission vessel to bring the trap gear ashore;
date. Establishing a control date does
announced the results of the 2015 however, some states already permit the
not commit NMFS to develop any
American Lobster Stock Assessment use of a substitute vessel to haul and
particular management regime or
that found the SNE lobster stock was fish traps under specific circumstances.
criteria for participation in these
severely depleted, with record low fisheries. Additionally, we may also Any future action taken by NMFS will
abundance and recruitment failure, due choose to take no further action to be pursuant to the Atlantic Coastal
to changing environmental conditions control effort or consolidation in the Fisheries Cooperative Management Act
and continued fishing mortality. The American lobster fishery. NMFS is and the Magnuson-Stevens Fishery
Commission then focused its efforts on seeking specific comments on the Conservation and Management Act.
a new addendum to the ISFMP, appropriateness of using the existing This notification and control date do
Addendum XXV, to address the January 27, 2014, control date. The not impose any legal obligations,
deteriorating condition of the SNE public may also comment on whether requirements, or expectation.
stock. another date is better suited as a control
NMFS deferred action on Addenda Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C.
date for the lobster fishery. 5101 et seq.
XXI and XXII while the Commission NMFS is also considering several
developed draft Addendum XXV during clarifications to existing regulations: Dated: November 8, 2017.
2016 and 2017, because elements of • Due to enforcement concerns, we Samuel D. Rauch, III,
Addendum XXV could have rendered are considering modifications to the Deputy Assistant Administrator for
the measures in the prior addenda gear marking requirement for lobster Regulatory Programs, National Marine
unnecessary. In August 2017, the trap trawls with more than three traps Fisheries Service.
Commission decided to take no further to be more consistent with industry [FR Doc. 2017–24714 Filed 11–14–17; 8:45 am]
action on Addendum XXV and practices; BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014 16:22 Nov 14, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 9990 E:\FR\FM\15NOP1.SGM 15NOP1](https://thefederalregister.org/doc/82_FR_53090/page/2.svg)
Document Created: 2018-10-25 10:35:54
Document Modified: 2018-10-25 10:35:54
| 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 | Advance notice of proposed rulemaking (ANPR); request for comments. | |
| Dates | We must receive written comments on or before December 15, 2017. | |
| Contact | Peter Burns, Fishery Policy Analyst, 978-281-9144. | |
| FR Citation | 82 FR 52871 | |
| RIN Number | 0648-BF01 |
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