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Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 4, 2005 (Volume 70, Number 63)]
[Notices]
[Page 17070-17071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap05-64]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 033005A]
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The Director, State, Federal and Constituent Programs Office,
Northeast Region, NMFS (Office Director) has made a preliminary
determination that the subject Exempted Fishing Permit (EFP)
application contains all the required information and warrants further
consideration. The Office Director has also made a preliminary
determination that the activities authorized under the EFPs would be
consistent with the goals and objectives of Federal management of the
American lobster resource. However, further review and consultation may
be necessary before a final determination is made to issue EFPs.
Therefore, NMFS announces that the Office Director proposes to issue
EFPs that would allow a maximum of seven vessels to conduct fishing
operations involving the use of one juvenile lobster collector trap per
vessel that are otherwise restricted by the regulations governing the
American lobster fisheries of the Northeastern United States.
The EFP involves the non-destructive collection of size frequency
and population data on legal and sublegal lobsters as part of an
ongoing research project to monitor the offshore lobster fishery in
Lobster Management Area 3. It would not involve the authorization of
any additional trap gear in the area. A maximum of seven participating
commercial fishing vessels will collect detailed abundance and size
frequency data on the composition of lobsters in four general offshore
study areas in a collaborative effort with the Atlantic Offshore
Lobstermen's Association (AOLA). This EFP requests that each
participating commercial fishing vessel utilize one modified juvenile
lobster collector trap to collect population data. The lobster trap
modifications are to the escape vents, and trap entrance head, not to
the trap's size or configuration. Therefore, this modified trap would
impact its environment no differently than the regular lobster trap it
replaces and will add no additional traps to the area. After data is
collected on lobsters in the trap, all sub-legal and berried female
lobsters will be immediately returned to the sea. The EFP waives the
American lobster escape vent requirement for a maximum of one trap per
vessel for a maximum of seven vessels in the program. Therefore, this
document invites comments on the issuance of EFPs to allow a maximum of
seven commercial fishing vessels utilize a maximum of seven modified
lobster traps and to collect statistical data using modified lobster
trap gear.
DATES: Written comments on this lobster EFP notification for offshore
lobster monitoring and data collection must be received on or before
April 19, 2005.
ADDRESSES: Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope
``Comments - Lobster EFP Proposal''. Comments also may be sent via fax
to 978-281-9117. Or, comments may be submitted by e-mail to
Lob0205@noaa.gov. Include in the subject line the following document
identifier: ``Comments - Lobster EFP Proposal''.
FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management
Specialist, 978-281-9234, fax 978-281-9117.
SUPPLEMENTARY INFORMATION:
[[Page 17071]]
Background
The regulations that govern exempted fishing, at 50 CFR 600.745(b)
and 697.22 allow the Regional Administrator to authorize for limited
testing, public display, data collection, exploration, health and
safety, environmental clean-up, and/or hazardous removal purposes, and
the targeting or incidental harvest of managed species that would
otherwise be prohibited. An EFP to authorize such activity may be
issued, provided there is adequate opportunity for the public to
comment on the EFP application, the conservation goals and objectives
of Federal management of the American lobster resource are not
compromised, and issuance of the EFP is beneficial to the management of
the species.
The American lobster fishery is the most valuable fishery in the
northeastern United States. In 2003, approximately 72 million pounds
(26,873 metric tons) of American lobster were landed with an ex-vessel
value of approximately $286 million. American lobster experience very
high fishing mortality rates and are overfished throughout their range,
from Canada to Cape Hatteras. Although harvest and population abundance
are near record levels due to high recent recruitment and favorable
environmental conditions, there is significant risk of a sharp drop in
abundance, and such a decline would have serious implications.
Operating under the Atlantic States Marine Fisheries Commission's
interstate management process, American lobster are managed in state
waters under Amendment 3 to the American Lobster Interstate Fishery
Management Plan (Amendment 3). In Federal waters of the Exclusive
Economic Zone (EEZ), lobster is managed under Federal regulations at 50
CFR part 697. Amendment 3, and compatible Federal regulations
established a framework for area management, which includes industry
participation in the development of a management program that suits the
needs of each lobster management area while meeting targets established
in the Interstate Fisheries Management Program. The industry, through
area management teams, with the support of state agencies, have played
a vital role in advancing the area management program.
To facilitate the development of effective management tools,
extensive monitoring and detailed abundance and size frequency data on
the composition of lobsters throughout the range of the resource are
necessary. This proposed EFP will continue a project involved in
extensive monitoring and detailed population information of American
lobster in four offshore study areas using modified lobster trap gear
that would otherwise be prohibited.
Proposed EFP
The proposed EFP is a continuation of a project begun in 2003, and
is submitted by the AOLA and seven commercial lobster fishing vessels
that are also members of the AOLA. The EFP proposes to collect
statistical and scientific information as part of a project designed to
monitor the offshore American lobster fishery to collect data that will
assist the development of management practices appropriate to the fishery.
Each of seven commercial fishing vessels involved in this
monitoring and data collection program would collect detailed abundance
and size frequency data on the composition of all lobsters collected
from one modified juvenile lobster trap in a string of approximately 40
lobster traps, including data on sub-legal, and egg bearing females in
addition to legal lobsters. This EFP would not involve the
authorization of any additional lobster trap gear in the area. Vessels
would collect data from each of four general study areas: The Mid-
Atlantic - Chesapeake 50 Fathom Edge; the Southern - Hudson Canyon
Area; the Middle - Veatch Canyon Area; and the Northern - Georges Bank
and Gulf of Maine Area. The participating vessels may retain on deck
sub-legal lobsters, and egg bearing female lobsters, in addition to
legal lobsters, for the purpose of collecting the required abundance
and size frequency data specified by this project. Data collected would
include size, sex, shell disease index, and the total number of legals,
sub-legals, berried females, and v-notched females. All sub-legals,
berried females, and v-notched females would be returned to the sea as
quickly as possible after data collection. Pursuant to 50 CFR
600.745(3)(v), the Regional Administrator may attach terms and
conditions to the EFP consistent with the purpose of the exempted fishing.
This EFP requests the inclusion of a maximum of one modified
lobster trap per vessel, designated as a juvenile lobster collector
trap, in the string of approximately 40 traps. This modified lobster
trap would have a smaller entrance head, no escape vents and would be
made of a smaller mesh than the traditional offshore trap to catch and
retain a high percentage of juvenile lobsters in the 30-65 mm carapace
length range. The smaller entrance head would exclude large lobsters
from this trap and decrease the probability of cannibalism within the
trap. The modifications to the trap are to the escape vents, and trap
entrance head, not to the trap's size or configuration, therefore this
modified trap would impact its environment no differently than the
regular lobster trap it replaces. This EFP will add no additional traps
to the areas. Due to modifications to the escape vent, the EFP proposed
to waive the American lobster escape vent requirement specified at 50
CFR 697.21(c) for a maximum of one trap per vessel for a maximum of
seven vessels in the program. With the exception of the one modified
juvenile lobster collector trap, all traps fished by a maximum of seven
participating vessels would comply with all applicable lobster
regulations specified at 50 CFR part 697.
All sample collections would be conducted by seven federally
permitted commercial fishing vessels, during the course of regular
commercial fishing operations. There would not be observers or
researchers onboard the participating vessels.
This project, including the lobster handling protocols, was
initially developed in consultation with NOAA Fisheries and University
of New Hampshire scientists. To the greatest extent practicable, these
handling protocols are designed to avoid unnecessary adverse
environmental impact on lobsters involved in this project, while
achieving the data collection objectives of this project.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E5-1481 Filed 4-1-05; 8:45 am]
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