American Lobster Fishery; Exclusive Economic Zone From Maine Through North Carolina

Part II

Department of Commerce

_______________________________________________________________________

National Oceanic and Atmospheric Administration

_______________________________________________________________________

50 CFR Parts 649 and 697

American Lobster Fishery; Exclusive Economic Zone From Maine Through

North Carolina; Proposed Rule

Proposed Rules

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 649 and 697

[Docket No. 990105002-9002-01; I.D. 110598D]

RIN 0648-AH41

American Lobster Fishery; Exclusive Economic Zone From Maine

Through North Carolina

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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

SUMMARY: NMFS solicits comments on proposed regulations to implement

proposed management measures for the American lobster fishery in the

Exclusive Economic Zone (EEZ) from Maine through North Carolina. The

intent of these regulations is, in combination with state regulations

governing the American lobster fishery in non-Federal waters, to end

overfishing and rebuild stocks of American lobsters. NMFS proposes to

withdraw approval of the Fishery Management Plan for the American

Lobster Fishery (FMP), to remove existing regulations issued under the

authority of the Magnuson-Stevens Fishery Conservation and Management

Act (Magnuson-Stevens Act) which implement that FMP, and to implement

the existing management measures and a variety of new measures

including designation of lobster management areas, restrictions on

fishing gear and tagging requirements for lobster traps, under

regulations issued under the authority of the Atlantic Coastal

Fisheries Cooperative Management Act (ACFCMA). The proposed regulations

are compatible with the recommendations we received from the Atlantic

States Marine Fisheries Commission (Commission).

w measures

including designation of lobster management areas, restrictions on

fishing gear and tagging requirements for lobster traps, under

regulations issued under the authority of the Atlantic Coastal

Fisheries Cooperative Management Act (ACFCMA). The proposed regulations

are compatible with the recommendations we received from the Atlantic

States Marine Fisheries Commission (Commission).

DATES: Comments on the proposed rule must be received by February 10,

1999.

ADDRESSES: Comments on the rule should be sent to, and copies of

supporting documents, including a Draft Environmental Impact Statement/

Regulatory Impact Review (DEIS/RIR) and an Initial Regulatory

Flexibility Analysis (IRFA), are available from the Director, State,

Federal and Constituent Programs Office, NMFS, 1 Blackburn Drive,

Gloucester, MA 01930. Comments regarding burden estimates should be

sent to: the Office of Information and Regulatory Affairs, Office of

Management and Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Robert Ross, NMFS, Northeast Region,

978-281-9234.

SUPPLEMENTARY INFORMATION: NMFS proposes to withdraw approval of the

American Lobster FMP, to remove existing regulations issued under the

Magnuson-Stevens Act, and to issue new regulations under the ACFCMA to

implement existing management measures and a variety of new measures.

American lobster, Homarus americanus, from the Magnuson-Stevens Act to

the ACFCMA by withdrawing approval of the lobster fishery management

plan (48 FR 36368) at the same time as this rule would be implemented.

Since the majority of the lobster fishery (approximately 80 percent)

takes place in state waters, regulatory action in the EEZ (3 nautical

miles [nm] to 200 nm from shore) alone, even a total moratorium on

harvesting lobsters, would not end overfishing of the resource without

implementation of effective management measures by state jurisdictions

he same time as this rule would be implemented.

Since the majority of the lobster fishery (approximately 80 percent)

takes place in state waters, regulatory action in the EEZ (3 nautical

miles [nm] to 200 nm from shore) alone, even a total moratorium on

harvesting lobsters, would not end overfishing of the resource without

implementation of effective management measures by state jurisdictions.

Adequate state lobster conservation measures, therefore, are essential

to end overfishing of American lobster. It is clear to the agency that

it is not possible to meet the requirements of the Magnuson-Stevens Act

without full cooperation of states with lobster fisheries, and thus a

cooperative management partnership under the ACFCMA is preferable.

Accordingly, NMFS is proposing Federal lobster conservation measures in

the EEZ under the authority of the ACFCMA. Section 804(b) of ACFCMA

authorizes the Federal government to implement regulations to govern

fishing in the EEZ that are compatible with the effective

implementation of a Commission American Lobster Interstate Fishery

Management Plan (ISFMP) and consistent with the national standards set

forth in section 301 of the Magnuson-Stevens Act. Given limitations on

NMFS to manage the lobster resource throughout its range, NMFS has

determined that this approach is the best option to encourage and

expedite partnership in state and Federal jurisdictional waters in a

time frame that minimizes the potential for a stock collapse of the

resource and has the best potential for complying with national

standards of the Magnuson-Stevens Act.

The Commission approved Amendment 3 to the American Lobster ISFMP

in December 1997. The goal of Amendment 3 is to have a healthy lobster

resource and a management regime that provides for a sustained harvest

of lobsters, maintains appropriate opportunities for participation, and

provides for cooperative development of conservation measures by all

stakeholders

rds of the Magnuson-Stevens Act.

The Commission approved Amendment 3 to the American Lobster ISFMP

in December 1997. The goal of Amendment 3 is to have a healthy lobster

resource and a management regime that provides for a sustained harvest

of lobsters, maintains appropriate opportunities for participation, and

provides for cooperative development of conservation measures by all

stakeholders. Amendment 3 includes recommended measures in Federal

waters as well as in state waters (specific measures are described

later in this proposed rule), and it establishes a procedure whereby

fishermen, including some who fish exclusively in Federal waters, may

make recommendations for further management measures to meet predefined

targets designed to end overfishing and to facilitate stock rebuilding.

The Magnuson-Stevens Act requires NMFS to develop plans to end

overfishing and rebuild overfished stocks. NMFS has identified lobster

as overfished throughout its range. This finding has been confirmed by

an independent review panel convened by NMFS and the Commission.

Therefore, NMFS is required by the Magnuson-Stevens Act to develop a

plan by June 1999 to end overfishing of lobsters and rebuild the

lobster fishery within 10 years. The regulations in this proposed rule,

together with a process for working with the Commission to devise

future measures, constitute a proposed plan to meet this mandate.

On March 27, 1996, NMFS first proposed to withdraw approval of the

FMP and issue complementary regulations under the ACFCMA (61 FR 13478).

NMFS proposed that the final withdrawal of the approval of the FMP, and

the removing of its implementing regulations, would occur upon

completion of an effective state management program developed by the

Commission.

Amendment 3 is a comprehensive plan for managing the lobster

fishery in state and Federal waters

l of the

FMP and issue complementary regulations under the ACFCMA (61 FR 13478).

NMFS proposed that the final withdrawal of the approval of the FMP, and

the removing of its implementing regulations, would occur upon

completion of an effective state management program developed by the

Commission.

Amendment 3 is a comprehensive plan for managing the lobster

fishery in state and Federal waters. While it does not specify all

future steps that are needed to rebuild egg production and end the

overfished status of lobster, it does provide a framework for the

development of those measures to rebuild the resource.

Status of Stock

The most recent NMFS assessment of the lobster stock concluded that

it is overfished throughout its range (22nd Northeast Regional Stock

Assessment Workshop Document 96-13, dated September, 1996). There has

been a dramatic increase in fishing effort since the 1970s. Fishing is

now removing a large proportion of lobsters before they have had a

chance to spawn even once, and the average size of lobsters landed

continues to drop. Although landings have been high in recent years,

there is a risk that the stocks could collapse. Such a risk could be

reduced if fishing mortality were reduced.

The major signs of risk to the resource and to the fishery are:

1. The landings of lobsters, throughout the range, are becoming

increasingly dependent on animals that have just reached minimum size.

Most females at this size have not yet had a chance to spawn.

2. Extremely high exploitation of lobsters (exceeding 70 percent of

the legal sized animals) continues to lessen the benefits of the

current conservation measures, since relatively few live long enough to

be protected.

3. Although abundance is currently high in some areas, this is due,

in part, to favorable environmental conditions that are enhancing

survival. If these conditions deteriorate, the resource cannot be

expected to support the high level of harvesting that currently exists.

4

ues to lessen the benefits of the

current conservation measures, since relatively few live long enough to

be protected.

3. Although abundance is currently high in some areas, this is due,

in part, to favorable environmental conditions that are enhancing

survival. If these conditions deteriorate, the resource cannot be

expected to support the high level of harvesting that currently exists.

4. The overall size composition of the resource is becoming

dominated by small, not fully mature animals. As a result, the

population is predominantly relying on first time spawners to create

successive generations. In addition to the low egg production of first

time spawners, there is evidence that the eggs they produce are less

viable, and the survival of the larvae produced is lower than those

produced by larger spawners.

The lobster stock is considered to be overfished because the number

of eggs produced each year is less than 10 percent of the number that

would have been produced if the stock were not fished. The goal of the

stock rebuilding program is not to increase the number of harvestable

lobsters--that portion of the population is currently at an all-time

high. Rather, the goal is to increase egg production. The more eggs

produced, the greater the margin of safety for the population if

environmental conditions become unfavorable for the survival of

juvenile lobsters to marketable size and the greater the likelihood of

rebuilding. In other words, increasing egg production will reduce the

risk that a stock will collapse and increase the chances of rebuilding

the resource. The Commission has developed a schedule to rebuild egg

production that calls for increases in the level of egg production each

year until 2005.

The Fishery

survival of

juvenile lobsters to marketable size and the greater the likelihood of

rebuilding. In other words, increasing egg production will reduce the

risk that a stock will collapse and increase the chances of rebuilding

the resource. The Commission has developed a schedule to rebuild egg

production that calls for increases in the level of egg production each

year until 2005.

The Fishery

The sale of lobsters in 1997 was valued at $268 million--27 percent

of the region's entire revenue from commercial fishing. The lobster

fishery takes place from North Carolina to Maine. It is primarily a

cold water fishery, however. Over half of all lobsters from the

northeast are landed in Maine. Approximately 20 percent are landed in

Massachusetts. Rhode Island, Long Island Sound and George's Bank are

other areas with significant lobster fisheries. Most lobsters (over 80

percent) are taken in state waters, which extend from the coast to

three miles from shore. The offshore fishery, particularly that using

trap gear, has developed only in the past ten to fifteen years.

Lobster fishing has increased dramatically since the 1970s. Effort

is now at an all-time high. For example, in Maine, it has been reported

that the number of traps per boat has doubled in the last 30 years.

Each trap now remains in the water about 30 percent longer than in 1970

before being hauled.

This is a year-round fishery in the United States. Traps are set

even in summer and fall, when the lobsters are molting. Harvesters

depend heavily on lobsters within one molt of the legal size (3\1/4\

inches or 8.26 cm carapace length). In recent years, 85 percent or more

of landings have been composed of animals in this size range.

The fishery also takes place in Canadian waters, but the Canadian

fishery is closed during the molting season. There are limits on the

numbers of traps that can be set, on the total allowable catch, and on

the number of lobster licenses issued

gal size (3\1/4\

inches or 8.26 cm carapace length). In recent years, 85 percent or more

of landings have been composed of animals in this size range.

The fishery also takes place in Canadian waters, but the Canadian

fishery is closed during the molting season. There are limits on the

numbers of traps that can be set, on the total allowable catch, and on

the number of lobster licenses issued.

Virtually all lobsters (approximately 97 percent) are taken in

lobster traps. Small numbers of lobsters are also taken in trawls,

gillnets, and by divers.

Lobster Conservation Measures Already in Place

Most current management measures and prohibitions for Federal

waters are promulgated under the authority of the Magnuson-Stevens Act

and are codified at 50 CFR part 649. These include:

1. A moratorium on new entrants into the fishery through December

31, 1999,

2. A prohibition on the possession of lobsters bearing eggs or from

which eggs have been removed (``scrubbed'') by any means,

3. A prohibition on the possession of lobster meat and detached

tails, claws or other parts of lobster,

4. A prohibition on the possession of V-notched lobsters (female

lobsters that have carried eggs and are marked with a V-shaped cut in

the tail),

5. A requirement to install a biodegradable ``ghost'' panel for

traps (to eventually allow lobsters to exit from a lost trap),

6. A minimum carapace size of 3\1/4\ inches (8.26 cm),

7. A requirement to install escape vents on traps of at least 5\3/

4\ inches by 1\7/8\ inches (14.6 cm by 4.8 cm) to allow undersized

lobsters to exit,

8. A prohibition on the possession at any time of more than six

lobsters per person when aboard a head, charter, or dive vessel,

9. A requirement that gear be marked in order to identify the

permit holder;

10. A prohibition on the interstate or international trade of live

whole lobsters smaller than the Federal minimum size, and

11

(14.6 cm by 4.8 cm) to allow undersized

lobsters to exit,

8. A prohibition on the possession at any time of more than six

lobsters per person when aboard a head, charter, or dive vessel,

9. A requirement that gear be marked in order to identify the

permit holder;

10. A prohibition on the interstate or international trade of live

whole lobsters smaller than the Federal minimum size, and

11. A landing limit of 100 lobsters (or parts thereof) per day, up

to a maximum of 500 lobsters per trip of five or more days for

fishermen using non-trap methods (this limit is imposed by regulations

issued under the authority of the ACFCMA and are codified at 50 CFR

697.7).

NMFS proposes to continue all of these measures, as well as new

measures described herein, but to implement them by regulations issued

under authority of the ACFCMA instead of the Magnuson-Stevens Act.

Accordingly, the lobster regulations currently codified at 50 CFR part

649 would be removed and replaced with regulations to be codified at

under 50 CFR part 697.

Management measures in state waters vary by state. At a minimum,

states must comply with the requirements of the Commission, but

additional management measures have been taken by a number of states,

including limiting entry into the fishery and further restrictions on

fishing effort. The current Commission lobster management measures

require that state jurisdictions:

1. Set a minimum carapace size of 3\1/4\ inches (8.26 cm);

2. Prohibit the possession of lobsters bearing eggs and lobsters

from which eggs have been removed;

3. Prohibit fishermen from possessing of lobster meat, tails or

other parts;

4. Require that traps have escape vents;

5. Require that traps have biodegradable ``ghost'' panels; and

6. Prohibit spearing lobsters.

NMFS published a DEIS/RIR on March 17, 1998, (63 FR 14922) that

presented several alternative lobster management measures for both the

trap and the non-trap sector of the fishery, in order to meet the

mandate of the Magnuson-Stevens Act

ails or

other parts;

4. Require that traps have escape vents;

5. Require that traps have biodegradable ``ghost'' panels; and

6. Prohibit spearing lobsters.

NMFS published a DEIS/RIR on March 17, 1998, (63 FR 14922) that

presented several alternative lobster management measures for both the

trap and the non-trap sector of the fishery, in order to meet the

mandate of the Magnuson-Stevens Act. The DEIS/RIR recognized the

problem associated with meeting the Sustainable Fisheries Act (SFA)

requirements, given that approximately 80 percent of the American

lobster fishery occurs in state waters and is subject primarily to

state, not Federal, management measures. Thirteen public hearings were

held in

nine states from Maine to North Carolina to discuss these alternatives

and any other ideas about lobster management. Public comments were

received from March 20 to May 19, 1998. Overall public comment on these

alternatives indicated strong support for the plan embodied by the

Commission's Amendment 3 and little support for other measures upon

which NMFS sought comments.

The DEIS/RIR included three alternatives specific to the non-trap

(mobile gear) fishery. The non-trap fishery alternatives included:

taking no action; implementing a possession limit of 100 lobsters per

day and a maximum of 500 lobsters per trip; or, implementing a

possession limit of 500 lobsters per trip, regardless of trip length.

The analysis concluded that a landing limit of 100/day and 500/trip

would cap landings from the non-trap sector at current levels and

ensure no future expansion of the non-trap sector.

Measures Proposed by Commission

nting a possession limit of 100 lobsters per

day and a maximum of 500 lobsters per trip; or, implementing a

possession limit of 500 lobsters per trip, regardless of trip length.

The analysis concluded that a landing limit of 100/day and 500/trip

would cap landings from the non-trap sector at current levels and

ensure no future expansion of the non-trap sector.

Measures Proposed by Commission

The states, through adoption of Amendment 3 to the Commission's

American Lobster ISFMP, recognized the need to end overfishing and

rebuild stocks of American lobster. New requirements in state waters,

approved in December 1997, include a prohibition in all waters on the

possession of ``V-notched'' lobsters throughout the species range and a

limit to landings by non-trap fishermen of 100 lobsters per day, up to

a maximum of 500 lobsters per trip of 5 or more days. In addition, the

following measures would be applicable to all states and areas along

the Atlantic coast.

1. All commercial fishermen would have to have a permit to land or

possess lobster.

2. All lobster traps would have to contain at least one escape vent

with a minimum size of 5\3/4\ inches by 1\15/16\ inches (14.6 cm by 4.9

cm).

3. Traps could not exceed 22,950 cubic inches (376,082 cubic cm),

except offshore, where the maximum trap size would be 30,100 cubic

inches (493,249 cubic cm).

The Commission Plan will identify additional measures, with the

opportunity for consideration of alternatives having equal or greater

conservation benefits, to achieve the resource rebuilding objectives of

the American Lobster ISFMP. The Commission has also identified specific

management measures for some regions. This area management approach is

being developed with industry participation on seven individual lobster

conservation management teams (LCMT) established by the Commission.

Except for Area 6 (Long Island Sound), each of these areas include some

Federal waters. For the coordinates of the Commission lobster

management areas, see Sec

lso identified specific

management measures for some regions. This area management approach is

being developed with industry participation on seven individual lobster

conservation management teams (LCMT) established by the Commission.

Except for Area 6 (Long Island Sound), each of these areas include some

Federal waters. For the coordinates of the Commission lobster

management areas, see Sec. 697.31 of the proposed regulations. The

Commission area-specific management measures currently include:

Area 1, Inshore Gulf of Maine

(1) A 1000 limit on the number of traps a vessel may set in 1999,

and a 800 trap limit per vessel in 2000.

(2) A prohibition on the possession of lobsters with a carapace

length greater than 5 inches (12.7 cm).

Area 2, Inshore Southern New England

A plan to cap and then reduce the maximum number of traps per

vessel was submitted by the Area 2 LCMT. It is currently under review

by the Commission.

Area 3, Offshore Waters (Entirely in Federal Waters)

The Commission recommends that NMFS implement a limit of 2000 traps

per vessel beginning January 1, 1999. A plan prepared by the Area 3

LCMT is currently under review by the Commission.

Areas 4, 5 and 6, Long Island and South

The need for trap reductions or other measures to rebuild the stock

will be investigated. Plans submitted by Area 4 and Area 6 LCMTs are

currently under review by the Commission. A plan is expected to be

submitted by the Area 5 LCMT in the near future.

Outer Cape Cod Lobster Management Area

the Area 3

LCMT is currently under review by the Commission.

Areas 4, 5 and 6, Long Island and South

The need for trap reductions or other measures to rebuild the stock

will be investigated. Plans submitted by Area 4 and Area 6 LCMTs are

currently under review by the Commission. A plan is expected to be

submitted by the Area 5 LCMT in the near future.

Outer Cape Cod Lobster Management Area

The same trap limits required in Area 1 will apply, but there will

be no maximum size limitation.

The Commission also recommended several measures not directly

related to the trap fishery. For example, it recommended a prohibition

on spearing lobsters by making it illegal to possess any lobster that

has a shell that has been pierced by a spear. The Commission also

recommended that NMFS continue the moratorium on issuing new permits to

fish for lobster in Federal waters and a mandatory reporting

requirement. The current moratorium will expire on December 31, 1999.

The NMFS Proposed Plan

NMFS proposes to retain all current Federal measures for the

management of the lobster fishery, but to implement those measures by

regulations issued under the authority of the ACFCMA instead of by the

currently regulations issued under the authority of the Magnuson-

Stevens Act. In addition, NMFS proposes the following new measures

designed to implement the Commission's American Lobster ISFMP. Note

that some measures would apply to all Federal permit holders while

others would apply only in specific areas.

1. Moratorium on new entrants into the fishery. There are currently

approximately 3000 vessels with permits to fish for lobster in Federal

waters. Under a current moratorium scheduled to end on December 31,

1999, no new permits are being issued. Persons may only enter the

fishery by purchasing an existing vessel that already has a limited

access permit and then contacting NMFS to request a change of

ownership. NMFS proposes to continue the moratorium

rrently

approximately 3000 vessels with permits to fish for lobster in Federal

waters. Under a current moratorium scheduled to end on December 31,

1999, no new permits are being issued. Persons may only enter the

fishery by purchasing an existing vessel that already has a limited

access permit and then contacting NMFS to request a change of

ownership. NMFS proposes to continue the moratorium. This would avoid

any increase in the number of vessels permitted to take lobsters in

Federal waters. Such an increase could undermine the conservation

benefits of other measures.

2. Designation of Lobster Management Areas. In order to be

compatible with the Amendment 3, NMFS proposes to adopt the boundaries

of the lobster management areas specified by the Commission. The

coordinates marking the perimeter of the areas can be found in the

proposed regulations in Sec. 697.31.

3. Lobster management area designation for vessels fishing with

traps. NMFS proposes that owners of vessels that elect to use traps

must inform NMFS each year of the lobster management areas they will

set trap gear in. A permit holder may set traps in more than one area,

but if any near-shore areas are elected (Areas 1, 2, 4, 5, 6 or the

Outer Cape Lobster Management Area), then Area 3, the offshore area,

may not also be elected in that year or any subsequent year. If a

permit holder elects to fish in Area 3, that person may not fish in any

other designated lobster management area except where Areas 2 and 3

overlap. The most restrictive of either Area 2 or Area 3 regulations

(including trap limits) will apply when fishing in this overlap area.

Once a vessel owner has designated one or more of the nearshore

management areas, the vessel would be required to fish only in those

areas. Permit holders electing to fish in EEZ Offshore Management Area

3 will have one opportunity to change to one or more of the EEZ

nearshore management areas, but thereafter would be prohibited from re-

electing Offshore Management Area 3

this overlap area.

Once a vessel owner has designated one or more of the nearshore

management areas, the vessel would be required to fish only in those

areas. Permit holders electing to fish in EEZ Offshore Management Area

3 will have one opportunity to change to one or more of the EEZ

nearshore management areas, but thereafter would be prohibited from re-

electing Offshore Management Area 3. The reason for these provisions is

that different trap limits and maximum trap sizes are proposed for Area

3 than for the near-shore areas. A person receiving the

higher number of traps and trap tags would not be allowed to set gear

in the near-shore areas. At the same time, there may be a conservation

benefit to keeping effort in Area 3 from expanding. This provision

would slow the movement of fishermen from the near-shore areas into

Area 3, and may prevent an expansion of effort on the offshore brood

stock.

4. Near-shore area trap limits. In order to cap effort in the near-

shore areas, NMFS proposes that Federal permit holders electing to fish

in Areas 1, 2, the Area 2/3 overlap, 4, 5, 6 and in the Outer Cape

Lobster Management Area be limited to a maximum of 1000 traps in 1999

and to 800 traps in the year 2000. Further trap limits may be required

in the future if the egg-rebuilding schedule is not met by these limits

or other conservation equivalent measures. The purpose of this measure

is to ensure that the conservation benefits that might be achieved by

other measures are not lost by further expansion of fishing effort in

the near-shore areas. Although many of the states are adopting similar

limits, measures in this rule would only apply to Federal permit

holders. Alternative and/or additional management measures other than

those pertaining to trap limits will be considered in Federal waters in

accordance with Commission recommendations and procedures identified in

Sec. 697.36 of this proposed rule.

5. Near-shore area maximum trap size

ugh many of the states are adopting similar

limits, measures in this rule would only apply to Federal permit

holders. Alternative and/or additional management measures other than

those pertaining to trap limits will be considered in Federal waters in

accordance with Commission recommendations and procedures identified in

Sec. 697.36 of this proposed rule.

5. Near-shore area maximum trap size. One way to increase fishing

effort without increasing the number of traps in the water is to

increase the size of those traps. The larger the trap, the more

lobsters it can hold. To minimize this, NMFS proposes to prohibit

Federal permit holders from setting traps in the near-shore areas that

are larger than 22,950 cubic inches (376,082 cubic centimeters).

6. Area 1 maximum carapace size. For Federal permit holders fishing

in Area 1, NMFS proposes that there be a maximum harvestable size, in

order to have compatible measures with the Commission's ISFMP

recommendation. The Commission did not approve a maximum carapace size

for any other management area. Lobsters with a carapace size greater

than 5 inches (12.7 cm) could not be retained in Area 1, or by

fishermen who elect Area 1 as one of their designated management areas.

The carapace length is the straight line measurement from the rear of

the eye socket parallel to the center line of the carapace to the

posterior edge of the carapace (the unsegmented shell of the lobster).

The purpose of this measure is to protect large females that are

capable of producing many eggs. This measure will provide increasing

conservation benefits as the number of larger individuals increases in

the American lobster population.

7. Off-shore area trap limits and maximum trap size. NMFS proposes

that Federal permit holders electing to fish in Area 3 be limited to no

more than 2000 traps in 1999 and no more than 1800 traps in 2000.

Further reductions of this trap limit may be required in the future if

the egg-rebuilding schedule is not met by these limits

arger individuals increases in

the American lobster population.

7. Off-shore area trap limits and maximum trap size. NMFS proposes

that Federal permit holders electing to fish in Area 3 be limited to no

more than 2000 traps in 1999 and no more than 1800 traps in 2000.

Further reductions of this trap limit may be required in the future if

the egg-rebuilding schedule is not met by these limits. In addition,

NMFS proposes that traps set in Area 3 be no larger than 30,100 cubic

inches (493,249 cc). A higher maximum number of traps and larger

maximum trap size are proposed for Area 3 to offset the additional

costs and time required for fishing offshore. Alternative and/or

additional management measures will be considered in Federal waters in

accordance with Commission recommendations and procedures identified in

Sec. 697.36 of this proposed rule.

8. Trap tag allocations. As a way to enforce the trap limits

proposed for each lobster management area, NMFS proposes to require

that each trap set by a Federal permit holder have a trap tag attached

to the trap bridge or central cross-member. Lobster fishermen would be

required to purchase tags from NMFS or a NMFS-authorized distributor.

Each permit holder would be allowed to purchase tags, up to the maximum

number of traps allowed in his or her area, plus ten percent to cover

in-season loss. Those persons fishing in near-shore areas would be

allowed to purchase up to 1100 tags in 1999 and 880 tags in 2000. Those

persons fishing in Area 3 would be allowed to purchase up to 2200 tags

in 1999 and 1980 tags in 2000. The cost per tag is expected to be

approximately $0.14. Tags will only be valid for one year and must be

replaced each year. Tags may not be sold, transferred or given away.

The requirement to affix a tag to each trap would be in lieu of the

current requirement that gear be marked with a vessel's official

number, Federal permit or tag number, or other specified form of

identification.

9. State/Federal Coordination

cted to be

approximately $0.14. Tags will only be valid for one year and must be

replaced each year. Tags may not be sold, transferred or given away.

The requirement to affix a tag to each trap would be in lieu of the

current requirement that gear be marked with a vessel's official

number, Federal permit or tag number, or other specified form of

identification.

9. State/Federal Coordination. NMFS may consider alternative

tagging programs with cooperating states through appropriate formal

agreements.

10. Non-trap harvest restrictions. NMFS proposes similar

regulations pertaining to non-trap landing limits as currently exist.

Under the proposed rule, it would be unlawful for a vessel that takes

lobster by a method other than traps to possess, retain on board, or

land, in excess of 100 lobsters, for each lobster day-at-sea, or part

of a lobster day-at-sea, up to a maximum of 500 lobsters for any one

trip, unless otherwise restricted.

11. Modifications to the plan. This is not a static plan. NMFS will

specify additional fishery measures as necessary to meet the egg

rebuilding schedule established by the Commission. Some of the measures

that might be considered are (1) continued reductions in fishing effort

(e.g., number of traps fished) and (2) increases in the minimum

harvestable size. NMFS will consult with the Commission in the

identification of measures.

ACFCMA requires that Federal regulations be consistent with the

national standards of the Magnuson-Stevens Act. National Standard 1

requires NMFS to develop conservation and management measures to

prevent overfishing while achieving, on a continuing basis, the optimum

yield for each fishery. The degree to which the current management

strategy under the Commission plan will achieve ISFMP objectives and

ensure maximum sustainable yield on a stock by stock basis will be

further assessed by state and NMFS fishery experts through scientific

peer review, currently scheduled for early 1999

o

prevent overfishing while achieving, on a continuing basis, the optimum

yield for each fishery. The degree to which the current management

strategy under the Commission plan will achieve ISFMP objectives and

ensure maximum sustainable yield on a stock by stock basis will be

further assessed by state and NMFS fishery experts through scientific

peer review, currently scheduled for early 1999. If NMFS believes that

measures to meet the egg-rebuilding schedule which forms the basis of

the Commission plan are not sufficient to end overfishing and rebuild

stocks of American lobster, it will seek public comment on additional

or substitute measures to achieve that.

In addition, section 304(c) of the SFA requires the establishment

of a stock rebuilding plan for all overfished stocks. On September 30,

1997, NMFS issued its list of overfished fisheries, which includes the

American lobster fishery. NMFS, in consultation with the Commission,

will afford special attention to a refined evaluation of the relative

contributions of egg production, stock biomass, and population size

composition toward meeting stock rebuilding objectives. The ISFMP's

rebuilding schedule calls for a threefold increase in lobster egg

production in the Gulf of Maine from 1999-2005. The ISFMP also calls

for a sixfold increase in egg production on Georges Bank and South and

a fourfold to fivefold increase in the southern Cape Cod-Long Island

Sound region over the same time period. The rebuilding schedules

correspond to a substantial decrease in fishing mortality rate and an

increase in yield per recruit. If achieved, the higher levels of egg

production should improve the outlook for stock rebuilding, resulting

in

in egg production on Georges Bank and South and

a fourfold to fivefold increase in the southern Cape Cod-Long Island

Sound region over the same time period. The rebuilding schedules

correspond to a substantial decrease in fishing mortality rate and an

increase in yield per recruit. If achieved, the higher levels of egg

production should improve the outlook for stock rebuilding, resulting

in

positive conservation and economic benefits.

National Standard 2 requires that management measures be based upon

the best scientific information available. The information base for

these management measures incorporate the most current peer-reviewed

information available on the stock status of the American lobster. This

information confirms the overfished status of the resource and supports

a reduction of fishing effort to minimize the potential for a stock

collapse.

National Standard 3 requires, as practicable, that an individual

stock be managed as a unit throughout its range, and that interrelated

stocks be managed as a unit or in close coordination. Three stock areas

for American lobster have been defined: (1) The Gulf of Maine; (2) the

Southern Cape Cod to Long Island Sound; and (3) the Georges Bank and

south to Cape Hatteras. The three stocks would be managed, throughout

the range of the population from Maine to North Carolina, through an

area management approach in coordination with state jurisdictional

management through the Commission's American Lobster ISFMP.

National Standard 4 requires that conservation and management

measures not discriminate between residents of different states. The

proposed regulations for the EEZ were developed in consultation with

the Commission and the lobster industry and take into account the

social and economic distinction between the nearshore and offshore EEZ

fisheries. The regulations strive to maintain historical participation

levels in the U.S. American lobster fishery

ment

measures not discriminate between residents of different states. The

proposed regulations for the EEZ were developed in consultation with

the Commission and the lobster industry and take into account the

social and economic distinction between the nearshore and offshore EEZ

fisheries. The regulations strive to maintain historical participation

levels in the U.S. American lobster fishery.

National Standard 5 requires that, where practicable, conservation

and management measures promote efficiency in the utilization of

fishery resources. The excess of fishing gear is the primary reason for

the overfished condition of the American lobster resource. The increase

in the number of lobster traps in recent years has likely reduced the

net income of most lobster fishermen. The capping and reduction of

fishing effort provides a means to reduce excessive levels of fishing

gear and to improve economic efficiency. Continued reductions in

fishing effort, however, will likely reduce gross revenues by more than

5 percent, or require significant changes in business operations for a

substantial number of individual entities for at least some portion of

the stock rebuilding period. The primary intent of the trap reduction

schedule is to afford the necessary level of resource protection to

prevent overfishing, and promote rebuilding, of the American lobster

population.

National Standard 6 requires that conservation and management

measures take into account and allow for variations among, and

contingencies in, fisheries, fishery resources, and catches. The

proposed regulations take into account the variations in fisheries,

fishery resources, and catches between the nearshore and offshore EEZ

fisheries through the differential trap limits for the trap gear sector

and through a possession limit designed to maintain historical

participation by the non-trap fishery

iations among, and

contingencies in, fisheries, fishery resources, and catches. The

proposed regulations take into account the variations in fisheries,

fishery resources, and catches between the nearshore and offshore EEZ

fisheries through the differential trap limits for the trap gear sector

and through a possession limit designed to maintain historical

participation by the non-trap fishery. The proposed higher trap limit

for Federal permit holders in the offshore EEZ fishery is based upon

the historical character and economics of that industry sector.

Additionally, adaptive management measures enable future consideration

of state/Federal collaboration efforts, in consultation with the

lobster industry, to accommodate specific industry needs on an area by

area basis.

National Standard 7 requires that, where practicable, conservation

and management measures minimize costs and avoid unnecessary

duplication. The implementation of a lobster trap tag program and a

gear requirement to increase the minimum escape vent size in lobster

traps, for example, will increase industry costs. These measures and

their associated cost would assist in ending overfishing and

uncontrolled increases in numbers of traps used by vessel operators.

Additional requirements relating to mandatory reporting for Federal

permit holders would be addressed by NMFS and state fishery management

agencies during the development of the Commission's Atlantic Coastal

Cooperative Statistics Program in a manner to avoid unnecessary

duplication between state and Federal reporting requirements.

National Standard 8 requires that, consistent with fishery

conservation requirements, conservation and management measures take

into account the importance of fishery resources to fishing

communities. There would likely be some initial negative effects on

fishing communities. However, the rebuilding of stocks would benefit

fishing communities throughout the Atlantic coast historical range for

American lobster

8 requires that, consistent with fishery

conservation requirements, conservation and management measures take

into account the importance of fishery resources to fishing

communities. There would likely be some initial negative effects on

fishing communities. However, the rebuilding of stocks would benefit

fishing communities throughout the Atlantic coast historical range for

American lobster. Sustained participation of communities and

consideration of economic impacts would be facilitated by industry

participation through the ISFMP's area management provisions. Data

currently available cannot fully describe levels of fishing effort in

the EEZ. However, the provisions associated with the management action

would allow, in collaboration with the Commission and state fishery

agencies, consideration of alternative conservation-equivalent

management measures on an area by area basis to meet industry needs and

help alleviate any adverse impact management measures might otherwise

have on fishing communities.

National Standard 9 requires that, to the extent practicable,

conservation and management measures minimize bycatch. Bycatch has not

been identified as a significant issue in the ISFMP for American

lobster. The proposed action would have no anticipated adverse impacts

on bycatch in the EEZ lobster fishery.

National Standard 10 requires that, to the extent practicable,

conservation and management measures promote the safety of human life

at sea. Reduction in number of lobster traps used by fishermen may

result in more frequent tending (reduced soak time) of lobster gear by

individual fishermen, but the specific effects of the potential

regulations on fishing activities are unknown.

Classification

tional Standard 10 requires that, to the extent practicable,

conservation and management measures promote the safety of human life

at sea. Reduction in number of lobster traps used by fishermen may

result in more frequent tending (reduced soak time) of lobster gear by

individual fishermen, but the specific effects of the potential

regulations on fishing activities are unknown.

Classification

This proposed rule is published under the authority of the ACFCMA.

Paragraphs (A) and (B) of section 804(b)(1) of the ACFCMA authorize the

Secretary of Commerce (Secretary) to issue regulations in the EEZ that

are compatible with the effective implementation of a coastal fishery

management plan and consistent with the national standards set forth in

section 301 of the Magnuson-Stevens Act. This authority has been

delegated to the Assistant Administrator for Fisheries, NOAA (AA). The

AA has preliminarily determined that these actions are consistent with

the national standards of the Magnuson-Stevens Act. The AA, before

making the final determinations, will take into account the data,

views, and comments received during the comment period.

NMFS prepared a DEIS/RIR for this action; a notice of availability

was published on March 27, 1998 (63 FR 14922). The DEIS analyzed six

different alternatives for the lobster trap fishery. The trap fishery

alternatives included: taking no action; implementing measures in

Federal waters recommended by the Commission; implementing additional

nearshore/offshore trap limits with a buffer zone; implementing a four-

tier nearshore/offshore trap limit; implementing nearshore fixed trap

limits in combination with offshore limits based on historical

participation; and prohibiting lobster fishing in Federal waters. The

analysis concluded that

; implementing measures in

Federal waters recommended by the Commission; implementing additional

nearshore/offshore trap limits with a buffer zone; implementing a four-

tier nearshore/offshore trap limit; implementing nearshore fixed trap

limits in combination with offshore limits based on historical

participation; and prohibiting lobster fishing in Federal waters. The

analysis concluded that

Federal action in the EEZ alone is not likely to stop overfishing,

rebuild lobster egg production, or meet Federal management requirements

to do so. Only cooperative state and Federal action would rebuild the

lobster stocks.

The DEIS/RIR also analyzed three alternatives for the non-trap

(mobile gear) fishery. The non-trap fishery alternatives included:

taking no action; implementing a possession limit of 100 lobsters per

day or a maximum of 500 lobsters per trip; and implementing a

possession limit of 500 lobsters per trip, regardless of trip length.

The analysis concluded that a landing limit of 100/day and 500/trip

would cap landings from the non-trap sector at current levels and

ensure no future expansion of the non-trap sector.

NMFS prepared an IRFA, supplemented by the preamble to this

proposed rule, that describes the impact this proposed rule, if

adopted, would have on small entities. Virtually all participants in

the lobster fishery are considered to be small entities. Consequently,

management measures in the proposed rule affect small entities only,

and all analyses of such effects are necessarily analyses of effects on

small entities. Since management alternatives differ between the non-

trap (mobile gear) and trap (fixed gear) groups, the analysis was

performed separately for each gear group.

The proposed action for the trap sector would initially cap and

then reduce fishing effort (gear in the water), in addition to other

management measures. These measures would apply to all the small

entities in the trap sector

tities. Since management alternatives differ between the non-

trap (mobile gear) and trap (fixed gear) groups, the analysis was

performed separately for each gear group.

The proposed action for the trap sector would initially cap and

then reduce fishing effort (gear in the water), in addition to other

management measures. These measures would apply to all the small

entities in the trap sector. NMFS's analysis indicates that these

measures could result in a reduction of gross annual revenues of at

least 5 percent, or an increase in compliance costs of at least 5

percent, for at least 20 percent of the affected small entities. In

addition, it is possible that these measures will cause at least 2% of

the affected small entities to cease operations. Therefore, the

potential action is determined to have a significant economic impact on

a substantial number of small Federally permitted lobster trap vessels.

The ISFMP, however, through its area management approach, identifies

and addresses socio-economic impacts among the industry sectors on an

area by area basis. In the ISFMP, the management unit for American

lobster (state and Federal waters from Maine to North Carolina) was

subdivided into seven areas, and Lobster Conservation Management Teams

(LCMT's) were established for each of these areas. These LCMT's,

comprised of lobster industry members, make recommendations for

management measures to meet predefined targets designed to end

overfishing. Industry recommended LCMT measures, implemented on an area

by area basis after review and approval by the Commission, will

mitigate adverse economic impacts to area participants by allowing for

variable regulations by area, depending on the fishing practices and

unique fishery characteristics for each management area. This approach,

with industry participation, strives to alleviate adverse economic

impacts to the extent possible

plemented on an area

by area basis after review and approval by the Commission, will

mitigate adverse economic impacts to area participants by allowing for

variable regulations by area, depending on the fishing practices and

unique fishery characteristics for each management area. This approach,

with industry participation, strives to alleviate adverse economic

impacts to the extent possible.

NMFS found no significant impact on small entities for the non-trap

sector, primarily because the majority of these vessels do not rely on

lobster as their principal source of income. A copy of this analysis is

available from NMFS (see ADDRESSES).

Alternatives considered and their impacts have been discussed here.

Notwithstanding any other provision of the law, no person is

required to respond to, nor shall any person be subject to a penalty

for failure to comply with, a collection of information subject to the

requirements of the Paperwork Reduction Act (PRA), unless that

collection of information displays a currently valid Office of

Management and Budget (OMB) control number.

This rule contains collection-of-information requirements subject

to the PRA. The following are proposed new collection-of-information

requirements that have been submitted to OMB for approval.

The estimated time per individual response is shown.

1. Revision of existing gear (trap) marking requirements (1

minute);

2. Lobster management area designation, request for trap tags, and

preparing payment for trap tags (5 minutes);

3. Reporting lost trap tags and requesting replacement trap tags (3

minutes);

4. Requests for additional trap tags (2 minutes); and

5. Extend observer coverage to include the American lobster fishery

(2 minutes)

1. Revision of existing gear (trap) marking requirements (1

minute);

2. Lobster management area designation, request for trap tags, and

preparing payment for trap tags (5 minutes);

3. Reporting lost trap tags and requesting replacement trap tags (3

minutes);

4. Requests for additional trap tags (2 minutes); and

5. Extend observer coverage to include the American lobster fishery

(2 minutes).

The following collection-of-information requirements are being

restated and have already been approved by OMB control number 0648-0202

with the response times per application as shown: vessel permit

applications (30 minutes for a new application, 15 minutes for renewal

applications), confirmations of permit history (30 minutes); operator

permit applications (1 hour); and dealer permit applications (5

minutes).

The following collection-of-information requirement is being

restated and has already been approved by OMB under control number

0648-0350: vessel identification requirements, estimated at 45 minutes

per vessel.

The following collection-of-information requirement is referred to

and has already been approved by OMB under control number 0648-0309:

experimental fishing exemption, estimated at one hour per vessel.

Public comment is sought regarding whether these proposed

collections of information are necessary for the proper performance of

the functions of the agency, including whether the information has

practical utility; the accuracy of the burden estimates; ways to

enhance the quality, utility, and clarity of the information to be

collected; and ways to minimize the burden of the collection of

information, including through the use of automated collection

techniques or other forms of information technology.

Send comments regarding these burden estimates or any other aspect

of the data requirements, including suggestions for reducing the

burden, to NMFS (see ADDRESSES) and to the Office of Information and

Regulatory Affairs (see ADDRESSES)

o minimize the burden of the collection of

information, including through the use of automated collection

techniques or other forms of information technology.

Send comments regarding these burden estimates or any other aspect

of the data requirements, including suggestions for reducing the

burden, to NMFS (see ADDRESSES) and to the Office of Information and

Regulatory Affairs (see ADDRESSES).

A formal section 7 consultation under the Endangered Species Act

was initiated for this rule in a biological opinion by NMFS. After

reviewing the best available information on the status of endangered

and threatened species under NMFS jurisdiction, the environmental

baseline for the action area, the effects of the action, and the

cumulative effects, it is NMFS'' Biological Opinion that the continued

operation of the Federal lobster fishery, with modifications to reduce

impacts of entanglement through the Atlantic Large Whale Take Reduction

Plan, is not likely to jeopardize the continued existence of the

northern right whale, humpback whale, fin whale, blue whale, sperm

whale, sei whale, leatherback sea turtle, and loggerhead sea turtle. In

addition, the proposed changes are not likely to destroy or adversely

modify right whale critical habitat.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

Although this proposed rule does not modify existing regulations

found at 50 CFR part 697 pertaining to weakfish and striped bass, the

entirety of part 697, as proposed, is repeated here.

List of Subjects in 50 CFR Parts 649 and 697

Fisheries, Fishing.

Dated: January 8, 1999.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, under the authority of 16

U.S.C. 1801 et seq., 50 CFR part 649 is proposed to be removed and 50

CFR part 697 is proposed to be revised to read as follows:

PART 649--[REMOVED]

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

ted: January 8, 1999.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, under the authority of 16

U.S.C. 1801 et seq., 50 CFR part 649 is proposed to be removed and 50

CFR part 697 is proposed to be revised to read as follows:

PART 649--[REMOVED]

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

Subpart A--General Provisions

Sec.

697.1 Purpose and scope.

697.2 Definitions.

697.3 Relation to other Federal and state laws.

697.4 Vessel permits.

697.5 Operator permits.

697.6 Dealer permits.

697.7 Prohibitions.

697.8 Vessel identification.

697.9 Facilitation of enforcement.

697.10 Penalties.

697.11 Civil procedures.

697.12 At-sea sea sampler/observer coverage.

Subpart B--Management Measures

697.20 Harvesting and landing requirements.

697.21 Gear identification and marking, escape vent, maximum trap

size, trap tagging and ghost panel requirements.

697.22 Experimental fishing exemption.

697.23 Restricted gear areas.

Subpart C--Egg Production Rebuilding Schedule and Adaptive Management

Adjustments to Management Measures

697.30 Purpose and scope.

697.31 Egg production rebuilding schedule lobster management areas.

697.32 Management area designations.

697.33 Trap allocations.

697.34 Trap tag allocations.

697.35 Non-trap trap harvest restrictions.

697.36 Adjustment to management measures.

Authority: 16 U.S.C. 1851 note; 16 U.S.C. 5101 et seq.

Subpart A--General Provisions

Sec. 697.1 Purpose and scope.

The regulations in this part are issued under the authority of

section 804(b) of the Atlantic Coastal Fisheries Cooperative Management

Act, 16 U.S.C. 5101 et seq., and section 6 of the Atlantic Striped Bass

Conservation Act Appropriations Authorization, 16 U.S.C. 1851 note, and

govern fishing in the EEZ on the Atlantic Coast for species covered by

those acts.

Sec. 697.2 Definitions.

scope.

The regulations in this part are issued under the authority of

section 804(b) of the Atlantic Coastal Fisheries Cooperative Management

Act, 16 U.S.C. 5101 et seq., and section 6 of the Atlantic Striped Bass

Conservation Act Appropriations Authorization, 16 U.S.C. 1851 note, and

govern fishing in the EEZ on the Atlantic Coast for species covered by

those acts.

Sec. 697.2 Definitions.

(a) In addition to the definitions in the Magnuson-Stevens Act and

in Secs. 600.10 and 648.2 of this chapter, for the purposes of this

part, the following terms have the following meanings:

American lobster or lobster means Homarus americanus.

Approved TED means any approved TED as defined at Sec. 217.12 of

this title.

Atlantic striped bass means members of stocks or populations of the

species Morone saxatilis found in the waters of the Atlantic Ocean

north of Key West, FL.

Berried female means a female American lobster bearing eggs

attached to the abdominal appendages.

Block Island Southeast Light means the aid to navigation light

located at Southeast Point, Block Island, RI, and defined as follows:

Located at 40 deg.09.2' N. lat., 71 deg.33.1' W. long; is 201 ft (61.3

m) above the water; and is shown from a brick octagonal tower 67 ft

(20.4 m) high attached to a dwelling on the southeast point of Block

Island, RI.

BRD means bycatch reduction device.

Carapace length is the straight line measurement from the rear of

the eye socket parallel to the center line of the carapace to the

posterior edge of the carapace. The carapace is the unsegmented body

shell of the American lobster.

Certified BRDs mean any BRD, as defined in part 622, Appendix D of

this title: Specifications for Certified BRDs.

Charter or head boat means any vessel carrying fishing persons or

parties for a per capita fee or for a charter fee.

Commercial purposes means for the purpose of selling or bartering

all or part of the fish harvested

arapace is the unsegmented body

shell of the American lobster.

Certified BRDs mean any BRD, as defined in part 622, Appendix D of

this title: Specifications for Certified BRDs.

Charter or head boat means any vessel carrying fishing persons or

parties for a per capita fee or for a charter fee.

Commercial purposes means for the purpose of selling or bartering

all or part of the fish harvested.

Commission means the Atlantic States Marine Fisheries Commission

established under the interstate compact consented to and approved by

Congress in Pub. L. 77-539 and Pub. L. 81-721.

Continuous transit means that a vessel does not have fishing gear

in the water and remains continuously underway.

CPH means Confirmation of Permit History.

Crab trawl means any trawl net that is rigged for fishing and has a

mesh size of 3.0 inches (7.62 cm), as measured between the centers of

opposite knots when pulled taut.

Cull American lobster means a whole American lobster that is

missing one or both claws.

De minimis state means any state where the landings are so low that

the Commission's Fisheries Management Board has exempted that state

from some of its regulatory responsibilities under an Interstate

Fishery Management Plan.

Dive vessel means any vessel carrying divers for a per capita fee

or a charter fee.

Egg Production Rebuilding Schedule means the schedule identified in

section 2.5 of Amendment 3 to the Commission's ISFMP.

Escape vent means an opening in a lobster trap designed to allow

lobster smaller than the legal minimum size to escape from the trap.

Fishing trip or trip means a period of time during which fishing is

conducted, beginning when the vessel leaves port and ending when the

vessel returns to port.

Fishing year means, for the American lobster fishery, the time

period from May 1 through April 30 of the following year.

Flynet means any trawl net, except shrimp trawl nets containing

certified BRDs and approved TEDs, when required under Sec

rip or trip means a period of time during which fishing is

conducted, beginning when the vessel leaves port and ending when the

vessel returns to port.

Fishing year means, for the American lobster fishery, the time

period from May 1 through April 30 of the following year.

Flynet means any trawl net, except shrimp trawl nets containing

certified BRDs and approved TEDs, when required under Sec. 227.72(e)(2)

of this title, and except trawl nets that comply with the gear

restrictions specified at Sec. 648.104 of this chapter for the summer

flounder fishery and contain an approved TED, when required under

Sec. 227.72 (e)(2) of this title.

Ghost panel means a panel, or other mechanism, designed to allow

for the escapement of lobster after a period of time if the trap has

been abandoned or lost.

ISFMP means the Commission's Interstate Fishery Management Plan for

American Lobster, as amended.

Land means to begin offloading fish, to offload fish, or to enter

port with fish.

Lobster Day-at-Sea with respect to the American lobster fishery

means each 24 hour period of time during which a fishing vessel is

absent from port in which the vessel intends to fish for, possess, or

land, or fishes for, possesses, or lands American lobster.

Lobster permit means a Federal limited access American lobster

permit.

Lobster trap trawl means 2 or more lobster traps, all attached to a

single ground line.

Management area means each of the geographical areas identified for

management purposes under the ISFMP.

Montauk Light means the aid to navigation light located at Montauk

Point, NY, and defined as follows: Located at 41 deg.04.3' N. lat.,

71 deg.51.5' W. long.; is shown from an octagonal, pyramidal tower, 108

ft (32.9 m) high; and has a covered way to a dwelling.

Parts thereof means any part of an American lobster. A part of a

lobster counts as one lobster.

Point Judith Light means the aid to navigation light located at

Point Judith,

light located at Montauk

Point, NY, and defined as follows: Located at 41 deg.04.3' N. lat.,

71 deg.51.5' W. long.; is shown from an octagonal, pyramidal tower, 108

ft (32.9 m) high; and has a covered way to a dwelling.

Parts thereof means any part of an American lobster. A part of a

lobster counts as one lobster.

Point Judith Light means the aid to navigation light located at

Point Judith,

RI, and defined as follows: Located at 41 deg.21.7' N. lat.,

71 deg.28.9' W. long.; is 65 ft (19.8 m) above the water; and is shown

from an octagonal tower 51 ft (15.5 m) high.

Retain means to fail to return any species specified under

Sec. 696.7 of this chapter to the sea immediately after the hook has

been removed or after the species has otherwise been released from the

capture gear.

Scrubbing is the intentional removal of eggs from a berried female.

Shrimp trawl net means any trawl net that is rigged for fishing and

has a mesh size less than 2.50 inches (6.35 cm), as measured between

the centers of opposite knots when pulled taut, and each try net, as

defined in Sec. 622.2 of this chapter, that is rigged for fishing and

has a headrope length longer than 16 ft (4.9 m).

Regional Administrator means the Regional Administrator, Northeast

Region, NMFS, or a designee.

TED means Turtle Excluder Device, which is a device designed to be

installed in a trawl net forward of the codend for the purpose of

excluding sea turtles from the net.

Trap means any structure or other device, other than a net, that is

placed on the ocean bottom and is designed for or is capable of,

catching lobsters.

V-notched American lobster means any female American lobster

bearing a V-shaped notch in the flipper next to and to the right of the

center flipper as viewed from the rear of the lobster (underside of the

lobster down and tail toward the viewer), or any female American

lobster that is mutilated in a manner that could hide or obliterate

such a mark

ed for or is capable of,

catching lobsters.

V-notched American lobster means any female American lobster

bearing a V-shaped notch in the flipper next to and to the right of the

center flipper as viewed from the rear of the lobster (underside of the

lobster down and tail toward the viewer), or any female American

lobster that is mutilated in a manner that could hide or obliterate

such a mark.

V-shaped notch means a straight-sided triangular cut, without setal

hairs, at least \1/4\ inch (0.64 cm) in depth and tapering to a point.

Weakfish means members of the stock or population of the species

Cynoscion regalis, found along the Atlantic Coast from southern Florida

to Massachusetts Bay.

Whole American lobster means a lobster with an intact and

measurable body (tail and carapace). An American lobster with an intact

and measurable body that is missing one or both claws, i.e., a cull

lobster, is considered to be a whole American lobster.

Sec. 697.3 Relation to other Federal and state laws.

(a) The provisions of sections 307 through 311 of the Magnuson-

Stevens Act, as amended, regarding prohibited acts, civil penalties,

criminal offenses, civil forfeitures, and enforcement apply with

respect to the regulations in this part, as if the regulations in this

part were issued under the Magnuson-Stevens Act.

(b) The relation of this part to other laws is set forth in

Sec. 600.705 of this chapter.

(c) The regulations in this part do not preempt more restrictive

state laws, or state enforcement of more restrictive state laws, with

respect to: weakfish fishing and American lobster fishing. If a

requirement of this part and a management measure required by state or

local law differ, any vessel owner permitted to fish in the EEZ must

comply with the more restrictive requirement.

Sec. 697.4 Vessel permits.

ns in this part do not preempt more restrictive

state laws, or state enforcement of more restrictive state laws, with

respect to: weakfish fishing and American lobster fishing. If a

requirement of this part and a management measure required by state or

local law differ, any vessel owner permitted to fish in the EEZ must

comply with the more restrictive requirement.

Sec. 697.4 Vessel permits.

(a) Limited access American lobster permit. Any vessel of the

United States that fishes for, possesses, or lands American lobster in

or harvested from the EEZ must have been issued and carry on board a

valid Federal limited access lobster permit. This requirement does not

apply to: head, charter and dive boats that possess six or fewer

American lobsters per person aboard the vessel if said lobsters are not

intended for, nor used, in trade, barter or sale; recreational vessels;

and vessels that fish exclusively in state waters for American lobster.

(1) Eligibility. To be eligible to apply for a Federal limited

access lobster permit a vessel must have been issued either a Federal

limited access lobster for the preceding year, be replacing a vessel

that was issued a Federal limited access lobster permit for the

preceding year or be replacing a vessel issued a confirmation of permit

history.

(2) Application/renewal restrictions. All limited access permits

established under this section must be issued on an annual basis by the

last day of the fishing year for which the permit is required, unless a

CPH has been issued as specified in paragraph (a)(6) of this section.

Application for such permits must be received no later than 30 days

before the last day of the fishing year. Failure to renew a limited

access permit in any fishing year bars the renewal of the permit in

subsequent years.

sued on an annual basis by the

last day of the fishing year for which the permit is required, unless a

CPH has been issued as specified in paragraph (a)(6) of this section.

Application for such permits must be received no later than 30 days

before the last day of the fishing year. Failure to renew a limited

access permit in any fishing year bars the renewal of the permit in

subsequent years.

(3) Qualification restriction. Unless the Regional Administrator

determines otherwise, no more than one vessel may qualify, at any one

time, for a Federal limited access lobster permit based on that or

another vessel's fishing and permit history. If more than one vessel

owner claims eligibility for a limited access permit, based on one

vessel's fishing and permit history, the Regional Administrator will

determine who is eligible for the permit or a CPH under paragraph

(a)(4) of this section.

(4) Change in ownership. The fishing and permit history of a vessel

is presumed to transfer with the vessel whenever it is bought, sold or

otherwise transferred, unless there is a written agreement, signed by

the transferor/seller and transferee/buyer, or other credible written

evidence, verifying that the transferor/seller is retaining the

vessel's fishing and permit history for the purposes of replacing the

vessel.

(5) Consolidation restriction. Federal limited access American

lobster permits, and any rights or privileges associated thereto, may

not be combined or consolidated.

ment, signed by

the transferor/seller and transferee/buyer, or other credible written

evidence, verifying that the transferor/seller is retaining the

vessel's fishing and permit history for the purposes of replacing the

vessel.

(5) Consolidation restriction. Federal limited access American

lobster permits, and any rights or privileges associated thereto, may

not be combined or consolidated.

(6) Confirmation of permit history. Notwithstanding any other

provisions of this part, 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 CPH if the fishing and permit history of such vessel has been

retained lawfully by the applicant. To be eligible to obtain a CPH, the

applicant must show that the qualifying vessel meets the eligibility

requirements, as applicable, in this part. Issuance of a valid CPH

preserves the eligibility of the applicant to apply for a limited

access permit for a replacement vessel based on the qualifying vessel's

fishing and permit history at a subsequent time, subject to the

replacement provisions specified in this section. If fishing privileges

have been assigned or allocated previously under this part, based on

the qualifying vessel's fishing and permit history, the CPH also

preserves such fishing privileges. A CPH must be applied for in order

for the applicant to preserve the fishing rights and limited access

eligibility of the qualifying vessel. An application for a CPH must be

received by the Regional Administrator no later than 30 days prior to

the end of the first full fishing year in which a vessel permit cannot

be issued. Failure to do so is considered abandonment of the permit as

described in paragraph (o) of this section. A CPH issued under this

part will remain valid until the fishing and permit history preserved

by the CPH is used to qualify a replacement vessel for a limited access

permit

ator no later than 30 days prior to

the end of the first full fishing year in which a vessel permit cannot

be issued. Failure to do so is considered abandonment of the permit as

described in paragraph (o) of this section. A CPH issued under this

part will remain valid until the fishing and permit history preserved

by the CPH is used to qualify a replacement vessel for a limited access

permit. Any decision regarding the issuance of a CPH for a qualifying

vessel that has been applied for or been issued previously a limited

access permit is a final agency action subject to judicial review under

5 U.S.C. 704. Information requirements for the CPH application are the

same as those for a limited access permit. Any request for information

about the vessel on the CPH application form means the qualifying

vessel that has been sunk, destroyed, or

transferred. Vessel permit applicants who have been issued a CPH and

who wish to obtain a vessel permit for a replacement vessel based upon

the previous vessel history may do so pursuant to paragraph (c) of this

section.

(7) Restriction on permit splitting. A Federal limited access

lobster permit will not be issued to a vessel or its replacement, or

remain valid, if the vessels's permit or fishing history has been used

to qualify another vessel for another Federal fishery.

(8) Management area designation restrictions. A vessel may not

change management area designation during the fishing year, except as

provided in Sec. 697.32. Prior to the start of the fishing year, vessel

owners will have one opportunity to request a change in management area

designation by submitting an application to the Regional Administrator

prior to the start of the fishing year and within 45 days of issuance

of the previous designation. After that date, the vessel must remain in

the management area elected for the remainder of the fishing year.

or to the start of the fishing year, vessel

owners will have one opportunity to request a change in management area

designation by submitting an application to the Regional Administrator

prior to the start of the fishing year and within 45 days of issuance

of the previous designation. After that date, the vessel must remain in

the management area elected for the remainder of the fishing year.

(b) Condition. Vessel owners who apply for a Federal limited access

American lobster permit under this section must agree, as a condition

of the permit, that the vessel and vessel's fishing, catch, and

pertinent gear (without regard to whether such fishing occurs in the

EEZ or landward of the EEZ, and without regard to where such fish or

gear are possessed, taken, or landed), are subject to all requirements

of this part. The vessel and all such fishing, catch, and gear shall

remain subject to all applicable state or local requirements. If a

requirement of this part and a management measure required by state or

local law differ, any vessel owner permitted to fish in the EEZ must

comply with the more restrictive requirement.

(c) Vessel permit application. Applicants for a Federal limited

access American lobster permit under this section must submit a

completed application on an appropriate form obtained from the Regional

Administrator. The application must be signed by the owner of the

vessel, or the owner's authorized representative, and be submitted to

the Regional Administrator at least 30 days before the date on which

the applicant desires to have the permit made effective. Eligibility

requirements are specified in paragraph (a)(1) of this section. The

Regional Administrator will notify the applicant of any deficiency in

the application pursuant to this section.

of the

vessel, or the owner's authorized representative, and be submitted to

the Regional Administrator at least 30 days before the date on which

the applicant desires to have the permit made effective. Eligibility

requirements are specified in paragraph (a)(1) of this section. The

Regional Administrator will notify the applicant of any deficiency in

the application pursuant to this section.

(d) Information requirements. In addition to applicable information

required to be provided by paragraph (c) of this section, an

application for a Federal limited access American lobster permit must

contain at least the following information, and any other information

required by the Regional Administrator: Vessel name; owner name,

mailing address, and telephone number; U.S. Coast Guard documentation

number and a copy of the vessel's U.S. Coast Guard documentation or, if

undocumented, state registration number and a copy of the state

registration; home port and principal port of landing; overall length;

gross tonnage; net tonnage; engine horsepower; year the vessel was

built; type of construction; type of propulsion; approximate fish-hold

capacity; type of fishing gear used by the vessel; number of crew;

permit category; lobster fishing area declaration; if the owner is a

corporation, a copy of the Certificate of Incorporation; and the names

and addresses of all shareholders owning 25 percent or more of the

corporation's shares; if the owner is a partnership, a copy of the

Partnership Agreement and the names and addresses of all partners; if

there is more than one owner, names of all owners having more than a 25

percent interest; and name and signature of the owner or the owner's

authorized representative.

oration; and the names

and addresses of all shareholders owning 25 percent or more of the

corporation's shares; if the owner is a partnership, a copy of the

Partnership Agreement and the names and addresses of all partners; if

there is more than one owner, names of all owners having more than a 25

percent interest; and name and signature of the owner or the owner's

authorized representative.

(e) Fees. The Regional Administrator may charge a fee to recover

the administrative expense of issuing a Federal limited access American

lobster permit required under this section. The amount of the fee shall

be calculated in accordance with the procedures of the NOAA Finance

Handbook for determining administrative costs of each special product

or service. The NOAA Finance Handbook can be obtained from the Regional

Administrator, NMFS (see Table 1 to Sec. 600.502 of this chapter). The

fee may not exceed such costs and will be specified with each

application form. The applicable fee must accompany each application;

if it does not, the application will be considered incomplete for

purposes of paragraph (f) of this section. Any fee paid by an

insufficiently funded commercial instrument shall render any permit

issued on the basis thereof null and void.

(f) Issuance. (1) Except as provided in subpart D of 15 CFR part

904, the Regional Administrator shall issue a Federal American lobster

vessel permit within 30 days of receipt of the application unless:

red incomplete for

purposes of paragraph (f) of this section. Any fee paid by an

insufficiently funded commercial instrument shall render any permit

issued on the basis thereof null and void.

(f) Issuance. (1) Except as provided in subpart D of 15 CFR part

904, the Regional Administrator shall issue a Federal American lobster

vessel permit within 30 days of receipt of the application unless:

(i) The applicant has failed to submit a completed application. An

application is complete when all requested forms, information,

documentation, and fees, if applicable, have been received; or

(ii) The application was not received by the Regional Administrator

by the deadlines set forth in paragraph (a)(2) of this section; or

(iii) The applicant has failed to meet any other application

requirements stated in this part.

(2) Upon receipt of an incomplete or improperly executed

application, the Regional Administrator shall notify the applicant of

the deficiency in the application. If the applicant fails to correct

the deficiency within 30 days following the date of notification, the

application will be considered abandoned.

(g) Expiration. A Federal limited access American lobster permit

will expire upon the renewal date specified in the permit.

(h) Duration. A permit will continue in effect unless it is

revoked, suspended, or modified under 15 CFR part 904, or until it

otherwise expires, or ownership of the vessel changes, or the applicant

has failed to report any change in the information on the permit

application to the Regional Administrator as specified in paragraph (k)

of this section.

(i) Reissuance. Reissued permits, for an otherwise valid permit,

may be issued by the Regional Administrator when requested in writing

by the owner or authorized representative, stating the need for

reissuance, the name of the vessel, and the Federal Fisheries Permit

number assigned. An application for a reissued permit will not be

considered a new application. An appropriate fee may be charged.

Reissuance. Reissued permits, for an otherwise valid permit,

may be issued by the Regional Administrator when requested in writing

by the owner or authorized representative, stating the need for

reissuance, the name of the vessel, and the Federal Fisheries Permit

number assigned. An application for a reissued permit will not be

considered a new application. An appropriate fee may be charged.

(j) Transfer. Permits issued under this section are not

transferable or assignable. A permit is valid only for the vessel and

owner/or person to which it is issued.

(k) Change in application information. Within 15 days after a

change in the information contained in an application submitted under

this section, a written notice of the change must be submitted to the

Regional Administrator. If the written notice of the change in

information is not received by the Regional Administrator within 15

days, the permit is void.

(l) Alteration. Any permit that has been altered, erased, or

mutilated is invalid.

(m) Display. Any permit issued under this part must be maintained

in legible condition and displayed for inspection upon request by any

authorized officer.

(n) Sanctions. The Assistant Administrator may suspend, revoke, or

modify, any permit issued or sought under this section. Procedures

governing enforcement-related permit sanctions and denials are found at

subpart D of 15 CFR part 904.

(o) Abandonment or voluntary relinquishment of limited access

American lobster permits. If a vessel's Federal limited access American

lobster permit or CPH is voluntarily relinquished to the Regional

Administrator, or abandoned through failure to renew or otherwise, no

Federal limited access American lobster permit or CPH may be reissued

or renewed based on the qualifying vessel's history.

Sec. 697.5 Operator permits.

y relinquishment of limited access

American lobster permits. If a vessel's Federal limited access American

lobster permit or CPH is voluntarily relinquished to the Regional

Administrator, or abandoned through failure to renew or otherwise, no

Federal limited access American lobster permit or CPH may be reissued

or renewed based on the qualifying vessel's history.

Sec. 697.5 Operator permits.

(a) General. Any operator of a vessel issued a Federal limited

access American lobster permit under Sec. 697.4(a), or any operator of

a vessel of the United States that fishes for, possesses, or lands

American lobsters, harvested in or from the EEZ must have been issued

and carry on board a valid operator's permit issued under this section.

This requirement does not apply to: head, charter and dive boats that

possess six or fewer American lobsters per person aboard the vessel if

said lobsters are not intended for nor used in trade, barter or sale;

recreational vessels; and vessels that fish exclusively in state waters

for American lobster.

(b) Operator application. Applicants for a permit under this

section must submit a completed permit application on an appropriate

form obtained from the Regional Administrator. The application must be

signed by the applicant and submitted to the Regional Administrator at

least 30 days prior to the date on which the applicant desires to have

the permit made effective. The Regional Administrator will notify the

applicant of any deficiency in the application, pursuant to this

section.

permit application on an appropriate

form obtained from the Regional Administrator. The application must be

signed by the applicant and submitted to the Regional Administrator at

least 30 days prior to the date on which the applicant desires to have

the permit made effective. The Regional Administrator will notify the

applicant of any deficiency in the application, pursuant to this

section.

(c) Condition. Vessel operators who apply for an operator's permit

under this section must agree, as a condition of this permit, that the

operator and vessel's fishing, catch, crew size, and pertinent gear

(without regard to whether such fishing occurs in the EEZ or landward

of the EEZ, and without regard to where such fish or gear are

possessed, taken, or landed), are subject to all requirements of this

part while fishing in the EEZ or on board a vessel permitted under

Sec. 697.4(a). The vessel and all such fishing, catch, and gear will

remain subject to all applicable state or local requirements. Further,

such operators must agree, as a condition of this permit, that if the

permit is suspended or revoked pursuant to 15 CFR part 904, the

operator cannot be on board any fishing vessel issued a Federal

Fisheries Permit or any vessel subject to Federal fishing regulations

while the vessel is at sea or engaged in off loading. If a requirement

of this part and a management measure required by state or local law

differ, any operator issued a permit under this part must comply with

the more restrictive requirement.

(d) Information requirements. An applicant must provide at least

all the following information and any other information required by the

Regional Administrator: Name, mailing address, and telephone number;

date of birth; hair color; eye color; height; weight; social security

number (optional) and signature of the applicant. The applicant must

also provide two recent (no more than one year old) color passport-size

photographs.

(e) Fees. See Sec. 697.4(e).

all the following information and any other information required by the

Regional Administrator: Name, mailing address, and telephone number;

date of birth; hair color; eye color; height; weight; social security

number (optional) and signature of the applicant. The applicant must

also provide two recent (no more than one year old) color passport-size

photographs.

(e) Fees. See Sec. 697.4(e).

(f) Issuance. See Sec. 697.4(f).

(g) Expiration. See Sec. 697.4(g).

(h) Duration. A permit is valid until it is revoked, suspended, or

modified under subpart D of 15 CFR part 904, or otherwise expires, or

the applicant has failed to report a change in the information on the

permit application to the Regional Administrator as specified in

paragraph (k) of this section.

(i) Reissuance. Reissued permits, for otherwise valid permits, may

be issued by the Regional Administrator when requested in writing by

the applicant, stating the need for reissuance and the Federal operator

permit number assigned. An applicant for a reissued permit must also

provide two recent (no more than one year old) color passport-size

photos of the applicant. An application for a reissued permit will not

be considered a new application. An appropriate fee may be charged.

(j) Transfer. Permits issued under this section are not

transferable or assignable. A permit is valid only for the person to

whom it is issued.

(k) Change in application information. Notice of a change in the

permit holder's name, address, or telephone number must be submitted in

writing to, and received by, the Regional Administrator within 15 days

of the change in information. If written notice of the change in

information is not received by the Regional Administrator within 15

days, the permit is void.

(l) Alteration. See Sec. 697.4(l).

(m) Display. Any permit issued under this part must be maintained

in legible condition and displayed for inspection upon request by any

authorized officer.

, the Regional Administrator within 15 days

of the change in information. If written notice of the change in

information is not received by the Regional Administrator within 15

days, the permit is void.

(l) Alteration. See Sec. 697.4(l).

(m) Display. Any permit issued under this part must be maintained

in legible condition and displayed for inspection upon request by any

authorized officer.

(n) Sanctions. Vessel operators with suspended or revoked permits

may not be on board a federally permitted fishing vessel in any

capacity while the vessel is at sea or engaged in offloading. The

Assistant Administrator may suspend, revoke, or modify, any permit

issued or sought under this section. Procedures governing enforcement

related permit sanctions and denials are found at subpart D of 15 CFR

part 904.

(o) Vessel owner responsibility. Vessel owners are responsible for

ensuring that their vessels are operated by an individual with a valid

operator's permit issued under this section.

Sec. 697.6 Dealer permits.

(a) All American lobster dealers must have been issued, and have in

their possession, a valid permit issued under this section.

(b) Dealer application. See Sec. 697.5(b).

(c) Information requirements. Applications must contain at least

the following information and any other information required by the

Regional Administrator: Company name, place(s) of business, mailing

address(es) and telephone number(s); owner's name; dealer permit number

(if a renewal); and name and signature of the person responsible for

the truth and accuracy of the report. If the dealer is a corporation, a

copy of the Certificate of Incorporation; and the names and addresses

of all shareholders owning 25 percent or more of the corporation's

shares, must be included with the application

address(es) and telephone number(s); owner's name; dealer permit number

(if a renewal); and name and signature of the person responsible for

the truth and accuracy of the report. If the dealer is a corporation, a

copy of the Certificate of Incorporation; and the names and addresses

of all shareholders owning 25 percent or more of the corporation's

shares, must be included with the application. If the dealer is a

partnership, a copy of the Partnership Agreement and the names and

addresses of all partners; if there is more than one partner, names of

all partners having more than a 25 percent interest; and name and

signature of all partner or partners authorized must be included with

the application.

(d) Fees. See Sec. 697.4(e).

(e) Issuance. Except as provided in subpart D of 15 CFR part 904,

the Regional Administrator will issue a permit at any time during the

fishing year to an applicant, unless the applicant has failed to submit

a completed application. An application is complete when all requested

forms, information, and documentation have been received. Upon receipt

of an incomplete or improperly executed application, the Regional

Administrator will notify the applicant of the deficiency in the

application. If the applicant fails to correct the deficiency within 30

days following the date of notification, the application will be

considered abandoned.

(f) Expiration. See Sec. 697.4(g).

(g) Duration. A permit is valid until it is revoked, suspended, or

modified under 15 CFR part 904, or otherwise expires, or ownership

changes, or the applicant has failed to report any change in the

information on the permit application to the Regional Administrator as

required by paragraph (j) of this section.

the application will be

considered abandoned.

(f) Expiration. See Sec. 697.4(g).

(g) Duration. A permit is valid until it is revoked, suspended, or

modified under 15 CFR part 904, or otherwise expires, or ownership

changes, or the applicant has failed to report any change in the

information on the permit application to the Regional Administrator as

required by paragraph (j) of this section.

(h) Reissuance. Reissued permits, for otherwise valid permits, may

be issued by the Regional Administrator when requested in writing by

the applicant, stating the need for reissuance and the Federal dealer

permit number assigned. An application for a reissued permit will not

be considered a new application. An appropriate fee may be charged.

(i) Transfer. Permits issued under this section are not

transferable or assignable. A permit is valid only for the person, or

other business entity, to which it is issued.

(j) Change in application information. See Sec. 697.5(k).

(k) Alteration. See Sec. 697.4(l).

(l) Display. See Sec. 697.5(m).

(m) Federal versus state requirements. If a requirement of this

part differs from a fisheries management measure required by state law,

any dealer issued a Federal dealer permit must comply with the more

restrictive requirement.

(n) Sanctions. See Sec. 697.4(n).

Sec. 697.7 Prohibitions.

(a) Atlantic Coast weakfish fishery. In addition to the

prohibitions set forth in Sec. 600.725 of this chapter, the following

prohibitions apply. It is unlawful for any person to do any of the

following:

(1) Fish for, harvest, or possess any weakfish less than 12 inches

(30.5 cm) in total length (measured as a straight line along the bottom

of the fish from the tip of the lower jaw with the mouth closed to the

end of the lower tip of the tail) from the EEZ.

(2) Retain any weakfish less than 12 inches (30.5 cm) in total

length taken in or from the EEZ.

any person to do any of the

following:

(1) Fish for, harvest, or possess any weakfish less than 12 inches

(30.5 cm) in total length (measured as a straight line along the bottom

of the fish from the tip of the lower jaw with the mouth closed to the

end of the lower tip of the tail) from the EEZ.

(2) Retain any weakfish less than 12 inches (30.5 cm) in total

length taken in or from the EEZ.

(3) Fish for weakfish in the EEZ with a minimum mesh size less than

3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the

centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm)

diamond stretch mesh for trawls and 2\7/8\-inch (7.3 cm) stretch mesh

for gillnets.

(4) To possess more than 150 lb (67 kg) of weakfish during any one

day or trip, whichever is longer, in the EEZ when using a mesh size

less than 3\1/4\-inch (8.3 cm) square stretch mesh (as measured between

the centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5

cm) diamond stretch mesh for finfish trawls and 2\7/8\-inch (7.3 cm)

stretch mesh for gillnets.

(5) To fish using a flynet in the EEZ off North Carolina in the

area bounded as follows:

(i) On the north by a straight line connecting points 35 deg.10.8'

N. lat., 75 deg.29.2' W. long. (3 nm off Cape Hatteras) and

35 deg.03.5' N. lat., 75 deg.11.8' W. long. (20 nm off Cape Hatteras).

(ii) The east by a straight line connecting points 35 deg.03.5' N.

lat., 75 deg.11.8' W. long. (20 nm off Cape Hatteras) and 33 deg.21.1'

N. lat., 77 deg.57.5' W. long., (about 30 nm off Cape Fear on the

extension of the North Carolina/South Carolina state line into the

EEZ).

(iii) On the south by a straight line connecting points

33 deg.21.1' N. lat., 77 deg.57.5' W. long., and 33 deg.48.8' N. lat.,

78 deg.29.7' W. long. (3 nm off Little River Inlet on the North

Carolina/South Carolina state line).

(iv) On the west by state waters.

, 77 deg.57.5' W. long., (about 30 nm off Cape Fear on the

extension of the North Carolina/South Carolina state line into the

EEZ).

(iii) On the south by a straight line connecting points

33 deg.21.1' N. lat., 77 deg.57.5' W. long., and 33 deg.48.8' N. lat.,

78 deg.29.7' W. long. (3 nm off Little River Inlet on the North

Carolina/South Carolina state line).

(iv) On the west by state waters.

(6) To possess any weakfish in the closed area of the EEZ, as

described in paragraph (a)(5) of this section, when fishing with shrimp

trawls or crab trawls.

(7) To land weakfish for commercial purposes caught in the EEZ in

any state other than Massachusetts, Rhode Island, Connecticut, New

York, New Jersey, Delaware, Maryland, Virginia, or North Carolina.

(b) Atlantic striped bass fishery. In addition to the prohibitions

set forth in Sec. 600.725 of this chapter, the following prohibitions

apply. It is unlawful for any person to do any of the following:

(1) Fish for Atlantic striped bass in the EEZ.

(2) Harvest any Atlantic striped bass from the EEZ.

(3) Possess any Atlantic striped bass in or from the EEZ, except in

the following area: The EEZ within Block Island Sound, north of a line

connecting Montauk Light, Montauk Point, NY, and Block Island Southeast

Light, Block Island, RI; and west of a line connecting Point Judith

Light, Point Judith, RI, and Block Island Southeast Light, Block

Island, RI. Within this area, possession of Atlantic striped bass is

permitted, provided no fishing takes place from the vessel while in the

EEZ and the vessel is in continuous transit.

(4) Retain any Atlantic striped bass taken in or from the EEZ.

nd Southeast

Light, Block Island, RI; and west of a line connecting Point Judith

Light, Point Judith, RI, and Block Island Southeast Light, Block

Island, RI. Within this area, possession of Atlantic striped bass is

permitted, provided no fishing takes place from the vessel while in the

EEZ and the vessel is in continuous transit.

(4) Retain any Atlantic striped bass taken in or from the EEZ.

(c) American lobster. In addition to the prohibitions specified in

Sec. 600.725 of this chapter, the following prohibitions apply. It is

unlawful for any person owning or operating a vessel issued a Federal

limited access American lobster permit under Sec. 697.4 to do any of

the following:

(1) Retain on board, land, or possess at or after landing, American

lobsters that fail to meet the minimum carapace length standard

specified in Sec. 697.20(b). All American lobsters will be subject to

inspection and enforcement, up to and including the time when a dealer

receives or possesses American lobsters for a commercial purpose.

(2) Retain on board, land, or possess any American lobster or parts

thereof in violation of the mutilation standards specified in

Sec. 697.20(c).

(3) Retain on board, land, or possess any berried female American

lobster specified in Sec. 697.20(d).

(4) Remove eggs from any berried female American lobster, land, or

possess any such lobster from which eggs have been removed. No person

may land or possess any lobster that has come in contact with any

substance capable of removing lobster eggs.

(5) Retain on board, land, or possess any V-notched female American

lobster throughout the range of the stock.

(6) Spear any American lobster, or land or possess any American

lobster which has been speared.

(7) Possess, deploy, haul, harvest lobster from, or carry aboard a

vessel any gear not identified, marked, vented, tagged, paneled, and of

a volume larger than specified in accordance with the requirements in

Sec. 697.21, unless such gear has been rendered unfishable.

ghout the range of the stock.

(6) Spear any American lobster, or land or possess any American

lobster which has been speared.

(7) Possess, deploy, haul, harvest lobster from, or carry aboard a

vessel any gear not identified, marked, vented, tagged, paneled, and of

a volume larger than specified in accordance with the requirements in

Sec. 697.21, unless such gear has been rendered unfishable.

(8) Fail to affix and maintain permanent markings, as required by

Sec. 697.8.

(9) Fish for, land, or possess American lobsters, unless the

operator of the vessel has been issued an operator's permit under

Sec. 697.5, and the permit is on board the vessel and is valid.

(10) Fail to report to the Regional Administrator within 15 days

any change in the information contained in the permit application as

required under Sec. 697.4(k) or Sec. 697.5(k).

(11) Make any false statement in connection with an application

under Sec. 697.4 or Sec. 697.5.

(12) Sell, transfer, or barter or attempt to sell, transfer, or

barter to a dealer any American lobsters, unless the dealer has a valid

Federal Dealer's Permit issued under Sec. 697.6.

(d) Presumptions. Any person possessing, or landing American

lobsters at or prior to the time when those American lobsters are

landed, or are received or possessed by a dealer, is subject to all of

the prohibitions specified in paragraph (c) of this section, unless the

American lobsters were harvested by a vessel without a Federal limited

access American lobster permit that fishes for American lobsters

exclusively in state waters; or are from a head, charter, or dive

vessel that possesses or possessed six or fewer American lobsters per

person aboard the vessel and the lobsters are not intended for sale,

trade, or barter; or are from a recreational vessel.

American lobsters were harvested by a vessel without a Federal limited

access American lobster permit that fishes for American lobsters

exclusively in state waters; or are from a head, charter, or dive

vessel that possesses or possessed six or fewer American lobsters per

person aboard the vessel and the lobsters are not intended for sale,

trade, or barter; or are from a recreational vessel.

(1) American lobsters that are possessed, or landed at or prior to

the time when the American lobsters are received by a dealer, or

American lobsters that are possessed by a dealer,

are presumed to be harvested from the EEZ or by a vessel with a Federal

limited access American lobster permit. A preponderance of all

submitted evidence that such American lobsters were harvested by a

vessel without a Federal limited access American lobster permit and

fishing exclusively for American lobsters in state waters will be

sufficient to rebut the presumption.

(2) The possession of egg-bearing female American lobsters, V-

notched female American lobsters, or American lobsters that are smaller

than the minimum size set forth in Sec. 697.20(b), will be prima facie

evidence that such American lobsters were taken or imported in

violation of these regulations. A preponderance of all submitted

evidence that such American lobsters were harvested by a vessel not

holding a permit under this part and fishing exclusively within state

or foreign waters will be sufficient to rebut the presumption.

(e) American lobster. In addition to the prohibitions specified in

Sec. 600.725 of this chapter and the prohibitions specified in

paragraph (c) of this section, the following prohibitions apply. It is

unlawful for any person to do any of the following:

(1) Retain on board, land, or possess American lobsters unless:

y within state

or foreign waters will be sufficient to rebut the presumption.

(e) American lobster. In addition to the prohibitions specified in

Sec. 600.725 of this chapter and the prohibitions specified in

paragraph (c) of this section, the following prohibitions apply. It is

unlawful for any person to do any of the following:

(1) Retain on board, land, or possess American lobsters unless:

(i) The American lobsters were harvested by a vessel that has been

issued and carries on board a valid Federal limited access American

lobster permit under Sec. 697.4(a); or

(ii) The American lobsters were harvested by a vessel without a

valid Federal limited access American lobster permit and that fishes

for American lobsters exclusively in state waters; or

(iii) The American lobsters were harvested by a head, charter, or

dive vessel that possesses six or fewer American lobsters per person on

board the vessel and the lobsters are not intended to be, or are not,

traded, bartered, or sold; or

(iv) The American lobsters were harvested by a recreational fishing

vessel.

(2) Sell, barter, or trade, or otherwise transfer, or attempt to

sell, barter, or trade, or otherwise transfer, for a commercial

purpose, any American lobsters from a vessel, unless the vessel has

been issued a valid Federal limited access American lobster permit

under Sec. 697.4, or the American lobsters were harvested by a vessel

without a valid Federal limited access American lobster permit that

fishes for American lobsters exclusively in state waters;

(3) To be, or act as, an operator of a vessel fishing for or

possessing American lobsters in or from the EEZ, or issued a Federal

limited access American lobster permit under Sec. 697.4(a), without

having been issued and possessing a valid operator's permit under

Sec. 697.5.

a valid Federal limited access American lobster permit that

fishes for American lobsters exclusively in state waters;

(3) To be, or act as, an operator of a vessel fishing for or

possessing American lobsters in or from the EEZ, or issued a Federal

limited access American lobster permit under Sec. 697.4(a), without

having been issued and possessing a valid operator's permit under

Sec. 697.5.

(4) Purchase, possess, or receive for a commercial purpose, or

attempt to purchase, possess, or receive for a commercial purpose, as,

or in the capacity of, a dealer, American lobsters taken from or

harvested by a fishing vessel issued a Federal limited access American

lobster permit, unless in possession of a valid dealer's permit issued

under Sec. 697.6.

(5) Purchase, possess, or receive for commercial purposes, or

attempt to purchase or receive for commercial purposes, as, or in the

capacity of, a dealer, American lobsters caught by a vessel other than

one issued a valid Federal limited access American lobster permit under

Sec. 697.4, unless the American lobsters were harvested by a vessel

without a Federal limited access American lobster permit that fishes

for American lobsters exclusively in state waters.

(6) Assault, resist, oppose, impede, harass, intimidate, or

interfere with either a NMFS-approved observer aboard a vessel, or an

authorized officer conducting any search, inspection, investigation, or

seizure in connection with enforcement of this part.

(7) Make any false statement, oral or written, to an authorized

officer, concerning the taking, catching, harvesting, landing,

purchase, sale, or transfer of any American lobster.

(8) Violate any provision of this part, the ACFCMA, the Magnuson-

Stevens Act, or any regulation, permit, or notification issued under

the ACFCMA, the Magnuson-Stevens Act, or these regulations.

(9) Retain on board, land, or possess any American lobsters

harvested in or from the EEZ in violation of Sec. 697.20.

atching, harvesting, landing,

purchase, sale, or transfer of any American lobster.

(8) Violate any provision of this part, the ACFCMA, the Magnuson-

Stevens Act, or any regulation, permit, or notification issued under

the ACFCMA, the Magnuson-Stevens Act, or these regulations.

(9) Retain on board, land, or possess any American lobsters

harvested in or from the EEZ in violation of Sec. 697.20.

(10) Ship, transport, offer for sale, sell, or purchase, in

interstate or foreign commerce, any whole live American lobster in

violation of Sec. 697.20.

(11) Fish, or be in the areas described in Sec. 697.23(b)(2),

(c)(2), (d)(2), and (e)(2) on a fishing vessel with mobile gear during

the time periods specified in Sec. 697.23(b)(1), (c)(1), (d)(1), and

(e)(1), except as provided in Sec. 697.23(b)(1), (c)(1), (d)(1), and

(e)(1).

(12) Fish, or be in the areas described in Sec. 697.23(b)(2),

(c)(2), and (d)(2) on a fishing vessel with lobster trap gear on board

during the time periods specified in Sec. 697.23(b)(1), (c)(1), and

(d)(1).

(13) Deploy or fail to remove lobster trap gear in the areas

described in Sec. 697.23(b)(2), (c)(2), and (d)(2) during the time

periods specified in Sec. 697.23(b)(1), (c)(1), and (d)(1).

Sec. 697.8 Vessel identification.

(a) Vessel name and official number. Each fishing vessel subject to

this part and over 25 ft (7.6 m) in registered length must:

(1) Have affixed permanently its name on the port and starboard

sides of the bow and, if possible, on its stern.

(2) Have its official number displayed on the port and starboard

sides of the deckhouse or hull, and on an appropriate weather deck so

as to be clearly visible from enforcement vessels and aircraft. The

official number is the USCG documentation number or the vessel's state

registration number for vessels not required to be documented under

title 46 U.S.C.

bow and, if possible, on its stern.

(2) Have its official number displayed on the port and starboard

sides of the deckhouse or hull, and on an appropriate weather deck so

as to be clearly visible from enforcement vessels and aircraft. The

official number is the USCG documentation number or the vessel's state

registration number for vessels not required to be documented under

title 46 U.S.C.

(b) Numerals. Except as provided in paragraph (d) of this section,

the official number must be displayed in block arabic numerals in

contrasting color at least 18 inches (45.7 cm) in height for fishing

vessels over 65 ft (19.8 m) in registered length, and at least 10

inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in

registered length. The registered length of a vessel, for purposes of

this section, is that registered length set forth in USCG or state

records.

(c) Duties of owner. The owner of each vessel subject to this part

shall ensure that--

(1) The vessel's name and official number are kept clearly legible

and in good repair.

(2) No part of the vessel, its rigging, its fishing gear, or any

other object obstructs the view of the official number from any

enforcement vessel or aircraft.

(d) Non-permanent marking. Vessels carrying recreational fishing

parties on a per capita basis or by charter must use markings that meet

the above requirements, except for the requirement that they be affixed

permanently to the vessel. The non-permanent markings must be displayed

in conformity with the above requirements.

Sec. 697.9 Facilitation of enforcement.

See Sec. 648.15 of this chapter.

Sec. 697.10 Penalties.

See Sec. 600.735 of this chapter.

Sec. 697.11 Civil procedures.

The civil procedure regulations at 15 CFR part 904 apply to civil

penalties, permit sanctions, seizures, and forfeitures under the

Atlantic Striped Bass Act and the ACFCMA, and to the regulations of

this part.

Sec. 697.12 At-sea sea sampler/observer coverage.

rcement.

See Sec. 648.15 of this chapter.

Sec. 697.10 Penalties.

See Sec. 600.735 of this chapter.

Sec. 697.11 Civil procedures.

The civil procedure regulations at 15 CFR part 904 apply to civil

penalties, permit sanctions, seizures, and forfeitures under the

Atlantic Striped Bass Act and the ACFCMA, and to the regulations of

this part.

Sec. 697.12 At-sea sea sampler/observer coverage.

(a) The Regional Administrator may request any vessel holding a

Federal limited access American lobster permit to carry a NMFS-approved

sea sampler/observer. If requested by the Regional Administrator to

carry an observer or sea sampler, a vessel may not engage in any

fishing operations in the respective fishery unless an observer or sea

sampler is on board, or unless the requirement is waived.

(b) If requested by the Regional Administrator to carry an observer

or sea sampler, it is the responsibility of the vessel owner to arrange

for and facilitate observer or sea sampler placement. Owners of vessels

selected for sea sampler/observer coverage must notify the appropriate

Regional or Science and Research Administrator, as specified by the

Regional Administrator, before commencing any fishing trip that may

result in the harvest of resources of the respective fishery.

Notification procedures will be specified in election letters to vessel

owners.

(c) The Regional Administrator may waive the requirement to carry a

sea sampler or observer if the facilities on a vessel for housing the

observer or sea sampler, or for carrying out observer or sea sampler

functions, are so inadequate or unsafe that the health or safety of the

observer or sea sampler, or the safe operation of the vessel, would be

jeopardized.

tion letters to vessel

owners.

(c) The Regional Administrator may waive the requirement to carry a

sea sampler or observer if the facilities on a vessel for housing the

observer or sea sampler, or for carrying out observer or sea sampler

functions, are so inadequate or unsafe that the health or safety of the

observer or sea sampler, or the safe operation of the vessel, would be

jeopardized.

(d) An owner or operator of a vessel on which a NMFS-approved sea

sampler/observer is embarked must:

(1) Provide accommodations and food that are equivalent to those

provided to the crew.

(2) Allow the sea sampler/observer access to and use of the

vessel's communications equipment and personnel upon request for the

transmission and receipt of messages related to the sea sampler's/

observer's duties.

(3) Provide true vessel locations, by latitude and longitude or

loran coordinates, as requested by the observer/sea sampler, and allow

the sea sampler/observer access to and use of the vessel's navigation

equipment and personnel upon request to determine the vessel's

position.

(4) Notify the sea sampler/observer in a timely fashion of when

fishing operations are to begin and end.

(5) Allow for the embarking and debarking of the sea sampler/

observer, as specified by the Regional Administrator, ensuring that

transfers of observers/sea samplers at sea are accomplished in a safe

manner, via small boat or raft, during daylight hours as weather and

sea conditions allow, and with the agreement of the sea samplers/

observers involved.

(6) Allow the sea sampler/observer free and unobstructed access to

the vessel's bridge, working decks, holding bins, weight scales, holds,

and any other space used to hold, process, weigh, or store fish.

(7) Allow the sea sampler/observer to inspect and copy any of the

vessel's log, communications log, and records associated with the catch

and distribution of fish for that trip.

rs involved.

(6) Allow the sea sampler/observer free and unobstructed access to

the vessel's bridge, working decks, holding bins, weight scales, holds,

and any other space used to hold, process, weigh, or store fish.

(7) Allow the sea sampler/observer to inspect and copy any of the

vessel's log, communications log, and records associated with the catch

and distribution of fish for that trip.

(e) The owner or operator of a vessel issued a Federal limited

access American lobster permit, if requested by the sea sampler/

observer also must:

(1) Notify the sea sampler/observer of any sea turtles, marine

mammals, or other specimens taken by the vessel.

(2) Provide the sea sampler/observer with sea turtles, marine

mammals, or other specimens taken by the vessel.

(f) NMFS may accept observer coverage funded by outside sources if:

(1) All coverage conducted by such observers is determined by NMFS

to be in compliance with NMFS' observer guidelines and procedures.

(2) The owner or operator of the vessel complies with all other

provisions of this part.

(3) The observer is approved by the Regional Administrator.

Subpart B--Management Measures

Sec. 697.20 Harvesting and landing requirements.

(a) Condition. By being issued a Federal limited access American

lobster permit, the vessel owner is subject to all measures in this

subpart, regardless of where American lobsters were harvested.

(b) Carapace length. (1) The minimum carapace length for all

American lobsters harvested in or from the EEZ is 3\1/4\ inches (8.26

cm).

(2) The minimum carapace length for all American lobsters landed,

harvested, or possessed by vessels issued a Federal limited access

American lobster permit, is 3\1/4\ inches (8.26 cm).

in this

subpart, regardless of where American lobsters were harvested.

(b) Carapace length. (1) The minimum carapace length for all

American lobsters harvested in or from the EEZ is 3\1/4\ inches (8.26

cm).

(2) The minimum carapace length for all American lobsters landed,

harvested, or possessed by vessels issued a Federal limited access

American lobster permit, is 3\1/4\ inches (8.26 cm).

(3) The maximum carapace length for all American lobster harvested

in or from the EEZ Nearshore Management Area 1, as defined in

Sec. 697.31 (a)(1), is 5 inches (12.7 cm). Any vessel fishing in or

permitted to fish in the EEZ Nearshore Management Area 1 must comply

with the 5 inch (12.7 cm) maximum carapace length requirement

regardless of where the lobsters are harvested.

(4) No person may ship, transport, offer for sale, sell, or

purchase, in interstate or foreign commerce, any whole live American

lobster that is smaller than the minimum size specified in paragraph

(b) in this section.

(c) Mutilation. (1) Prior to offloading from the vessel no person

may remove meat or any body appendage from any American lobster

harvested in or from the EEZ, or have in possession on board any

American lobster part other than whole lobsters.

(2) Prior to offloading from the vessel no owner, operator or

person aboard a vessel issued a Federal limited access American lobster

permit may remove meat or any body appendage from any American lobster,

or have in possession on board any American lobster part other than

whole lobsters.

in or from the EEZ, or have in possession on board any

American lobster part other than whole lobsters.

(2) Prior to offloading from the vessel no owner, operator or

person aboard a vessel issued a Federal limited access American lobster

permit may remove meat or any body appendage from any American lobster,

or have in possession on board any American lobster part other than

whole lobsters.

(d) Berried females. (1) Any berried female harvested in or from

the EEZ must be returned to the sea immediately.

(2) Any berried female harvested or possessed by a vessel issued a

Federal limited access American lobster permit must be returned to the

sea immediately.

(3) No vessel, or owner, operator or person aboard a vessel issued

a Federal limited access American lobster permit may possess any

berried female.

(4) No person may possess, ship, transport, offer for sale, sell,

or purchase, in interstate or foreign commerce, any berried female as

specified in paragraph (d) of this section.

(e) Scrubbing. (1) No person may intentionally remove extruded eggs

attached to the abdominal appendages from any female American lobster.

(2) No owner, operator or person aboard a vessel issued a Federal

limited access American lobster permit may intentionally remove

extruded eggs attached to the abdominal appendages from any female

American lobster.

(3) No person may possess, ship, transport, offer for sale, sell,

or purchase, in interstate or foreign commerce, any whole live American

lobster that bears evidence of the removal of extruded eggs from its

abdominal appendages as specified in paragraph (e) of this section.

er permit may intentionally remove

extruded eggs attached to the abdominal appendages from any female

American lobster.

(3) No person may possess, ship, transport, offer for sale, sell,

or purchase, in interstate or foreign commerce, any whole live American

lobster that bears evidence of the removal of extruded eggs from its

abdominal appendages as specified in paragraph (e) of this section.

(f) Spearing. (1) No person may spear any American lobster in the

EEZ.

(2) No person on a vessel issued a federal lobster license may

spear a lobster.

(3) No person may harvest or possess any American lobster which has

been speared in the EEZ.

(4) No person may possess, ship, transport, offer for sale, sell,

or purchase, in interstate or foreign commerce, any American lobster

which has been speared.

Sec. 697.21 Gear identification and marking, escape vent, maximum trap

size, trap tagging, and ghost panel requirements.

(a) Identification. All lobster gear deployed or possessed in the

EEZ, or, deployed or possessed by a person on or from a vessel issued a

Federal limited access American lobster permit, and not permanently

attached to the vessel, must be marked with a trap tag (as specified in

Sec. 697.34) marked with the Federal permit number assigned by the

Regional Administrator.

(b) Gear configuration. In the EEZ, lobster trap trawls are to be

configured as follows:

(1) Lobster trap trawls of three or fewer traps must be configured

with a single buoy.

ed access American lobster permit, and not permanently

attached to the vessel, must be marked with a trap tag (as specified in

Sec. 697.34) marked with the Federal permit number assigned by the

Regional Administrator.

(b) Gear configuration. In the EEZ, lobster trap trawls are to be

configured as follows:

(1) Lobster trap trawls of three or fewer traps must be configured

with a single buoy.

(2) Lobster trap trawls consisting of more than three traps must

have a radar reflector and a single flag or pennant on the westernmost

end (marking the half compass circle from magnetic south through west,

to and including north), while the easternmost end (meaning the half

compass circle from magnetic north through east, to and including

south) of an American lobster trap trawl must be configured with a

radar reflector only. Standard tetrahedral corner radar reflectors of

at least 8 inches (20.32 cm) (both in height and width, and made from

metal) must be employed. (A copy of a diagram showing a standard

tetrahedral corner radar reflector is available upon request to the

Office of the Regional Administrator, see Table 1 to Sec. 600.502 of

this title.)

(3) No American lobster trap trawl shall exceed 1.5 nautical miles

(2.78 km) in length, as measured from radar reflector to radar

reflector.

(c) Trap tagging. (1) Each owner of a vessel issued a valid permit

under Sec. 697.4 and fishing with traps for American lobster in the EEZ

must properly tag all lobster traps as specified under Sec. 697.34. The

Regional Administrator may, by agreement with state agencies, recognize

trap tags issued by those agencies endorsed for fishing for lobster in

the EEZ, provided that such tagging programs accurately identify

persons who fish in the EEZ, and that the Regional Administrator can

either individually, or in concert with the state agency, act to

suspend the permit or license for EEZ fishing for any violation under

this part.

ederal limited access American lobster permit as specified

under Sec. 697.4, must be constructed to include one of the following

escape vents in the parlor section of the trap. The vent must be

located in such a manner that it would not be blocked or obstructed by

any portion of the trap, associated gear, or the sea floor in normal

use.

(1) The specifications for escape vents are as follows:

(i) A rectangular portal with an unobstructed opening not less than

1\15/16\ inches (4.92 cm) by 5\3/4\ inches (14.61 cm);

(ii) Two circular portals with unobstructed openings not less than

2\7/16\ inches (6.19 cm) in diameter.

(2) The Regional Administrator may, at the request of, or after

consultation with, the Commission, approve and specify, through a

technical amendment of this rule, any other type of acceptable escape

vent that the Regional Administrator finds to be consistent with

paragraphs (d)(1)(i) and (ii) of this section.

(e) Ghost panel. Lobster traps not constructed entirely of wood

must contain a ghost panel.

(1) The specifications for ghost panels are as follows:

(i) The opening to be covered by the ghost panel must be

rectangular and must not be less than 3\3/4\ inches (9.53 cm) by 3\3/4\

inches (9.53 cm).

(ii) The panel must be constructed of, or fastened to the trap

with, one of the following untreated materials: wood lath, cotton,

hemp, sisal or jute twine not greater than \3/16\ inch (0.48 cm) in

diameter, or non-stainless, uncoated ferrous metal not greater than \3/

32\ inch (0.24 cm) in diameter.

(iii) The door of the trap may serve as the ghost panel, if

fastened with a material specified in paragraph (e)(1)(ii) of this

section.

(iv) The ghost panel must be located in the outer parlor(s) of the

trap and not in the bottom of the trap.

twine not greater than \3/16\ inch (0.48 cm) in

diameter, or non-stainless, uncoated ferrous metal not greater than \3/

32\ inch (0.24 cm) in diameter.

(iii) The door of the trap may serve as the ghost panel, if

fastened with a material specified in paragraph (e)(1)(ii) of this

section.

(iv) The ghost panel must be located in the outer parlor(s) of the

trap and not in the bottom of the trap.

(2) The Regional Administrator may, at the request of, or after

consultation with, the Commission, approve and specify, through a

technical amendment of this rule, any other design, mechanism,

material, or other parameter that serves to create an escape portal not

less than 3\3/4\ inches (9.53 cm) by 3\3/4\ inches (9.53 cm).

(f) Maximum trap size. American lobster traps deployed or possessed

in the EEZ, or, deployed or possessed by a person on or from a vessel

issued a Federal limited access American lobster permit as specified

under Sec. 697.4 shall have a volume not to exceed the following

specifications;

(i) EEZ Nearshore Management Area--22,950 cubic inches (376,081

cubic centimeters) as measured on the outside portion of the trap,

exclusive of the runners, if deployed or possessed by a person or

vessel permitted to fish in any EEZ Nearshore Management Area (Area 1,

Outer Cape, Area 2, Area 4, Area 5, or Area 6), or the Area \2/3\

Overlap; or

(ii) EEZ Offshore Management Area--30,100 cubic inches (493,249

cubic centimeters) as measured on the outside portion of the trap,

exclusive of the runners, if deployed or possessed by a person or

vessel permitted to fish in EEZ Offshore Management Area 3.

itted to fish in any EEZ Nearshore Management Area (Area 1,

Outer Cape, Area 2, Area 4, Area 5, or Area 6), or the Area \2/3\

Overlap; or

(ii) EEZ Offshore Management Area--30,100 cubic inches (493,249

cubic centimeters) as measured on the outside portion of the trap,

exclusive of the runners, if deployed or possessed by a person or

vessel permitted to fish in EEZ Offshore Management Area 3.

(g) Enforcement action. Unidentified, unmarked, untagged, unvented,

or improperly vented American lobster traps, or any lobster traps

subject to the requirements and specifications of Sec. 697.21, which

fail to meet such requirements and specifications may be seized and

disposed of in accordance with the provisions of part 219 of this

title.

Sec. 697.22 Experimental fishing exemption.

The Regional Administrator may exempt any person or vessel from the

requirements of this part for the conduct of experimental fishing

beneficial to the management of the American lobster, Atlantic striped

bass or weakfish, resource or fishery pursuant to the provisions of

Sec. 600.745 of this chapter.

(a) The Regional Administrator may not grant such exemption unless

it is determined that the purpose, design, and administration of the

exemption is consistent with the objectives of any applicable stock

rebuilding program, the provisions of the ACFCMA, the Magnuson-Stevens

Act, and other applicable law, and that granting the exemption will

not:

(1) Have a detrimental effect on the American lobster, Atlantic

striped bass or weakfish, resource or fishery; or

(2) Create significant enforcement problems.

administration of the

exemption is consistent with the objectives of any applicable stock

rebuilding program, the provisions of the ACFCMA, the Magnuson-Stevens

Act, and other applicable law, and that granting the exemption will

not:

(1) Have a detrimental effect on the American lobster, Atlantic

striped bass or weakfish, resource or fishery; or

(2) Create significant enforcement problems.

(b) Each vessel participating in any exempted experimental fishing

activity is subject to all provisions of this part,

except those explicitly relating to the purpose and nature of the

exemption. The exemption will be specified in a letter issued by the

Regional Administrator to each vessel participating in the exempted

activity. This letter must be carried aboard the vessel seeking the

benefit of such exemption. Exempted experimental fishing activity shall

be authorized pursuant to and consistent with Sec. 600.745 of this

chapter.

Sec. 697.23 Restricted gear areas.

(a) Resolution of lobster gear conflicts with fisheries managed

under the Magnuson-Stevens Act shall be done under provisions of

Sec. 648.55 of this chapter.

(b) Restricted Gear Area I.--(1) Duration.--(i) Mobile Gear. From

October 1 through June 15, no fishing vessel with mobile gear or person

on a fishing vessel with mobile gear may fish, or be, in Restricted

Gear Area I, as defined in paragraph (b)(2) of this section, unless

transiting. Vessels may transit this area provided that all mobile gear

is on board the vessel while inside the area.

(ii) Lobster trap gear. From June 16 through September 30, no

fishing vessel with lobster trap gear or person on a fishing vessel

with lobster trap gear may fish, and no lobster trap gear may be

deployed or remain, in Restricted Gear Area I as defined in paragraph

on, unless

transiting. Vessels may transit this area provided that all mobile gear

is on board the vessel while inside the area.

(ii) Lobster trap gear. From June 16 through September 30, no

fishing vessel with lobster trap gear or person on a fishing vessel

with lobster trap gear may fish, and no lobster trap gear may be

deployed or remain, in Restricted Gear Area I as defined in paragraph

(b)(2) of this section.

(2) Definition of Restricted Gear Area I. Restricted Gear Area I is

defined by straight lines connecting the following points in the order

stated:

Inshore Boundary

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

Point to 120 Latitude Longitude

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

69............................ 40 deg.07.9' N. 68 deg.36.0' W.

70............................ 40 deg.07.2' N. 68 deg.38.4' W.

71............................ 40 deg.06.9' N. 68 deg.46.5' W.

72............................ 40 deg.08.7' N. 68 deg.49.6' W.

73............................ 40 deg.08.1' N. 68 deg.51.0' W.

74............................ 40 deg.05.7' N. 68 deg.52.4' W.

75............................ 40 deg.03.6' N. 68 deg.57.2' W.

76............................ 40 deg.03.65' N. 69 deg.00.0' W.

77............................ 40 deg.04.35' N. 69 deg.00.5' W.

78............................ 40 deg.05.2' N. 69 deg.00.5' W.

79............................ 40 deg.05.3' N. 69 deg.01.1' W.

80............................ 40 deg.08.9' N. 69 deg.01.75' W.

81............................ 40 deg.11.0' N. 69 deg.03.8' W.

82............................ 40 deg.11.6' N. 69 deg.05.4' W.

83............................ 40 deg.10.25' N. 69 deg.04.4' W.

84............................ 40 deg.09.75' N. 69 deg.04.15' W.

85............................ 40 deg.08.45' N. 69 deg.03.6' W.

86............................ 40 deg.05.65' N. 69 deg.03.55' W.

87............................ 40 deg.04.1' N. 69 deg.03.9' W.

88............................ 40 deg.02.65' N. 69 deg.05.6' W

69 deg.05.4' W.

83............................ 40 deg.10.25' N. 69 deg.04.4' W.

84............................ 40 deg.09.75' N. 69 deg.04.15' W.

85............................ 40 deg.08.45' N. 69 deg.03.6' W.

86............................ 40 deg.05.65' N. 69 deg.03.55' W.

87............................ 40 deg.04.1' N. 69 deg.03.9' W.

88............................ 40 deg.02.65' N. 69 deg.05.6' W.

89............................ 40 deg.02.00' N. 69 deg.08.35' W.

90............................ 40 deg.02.65' N. 69 deg.11.15' W.

91............................ 40 deg.00.05' N. 69 deg.14.6' W.

92............................ 39 deg.57.8' N. 69 deg.20.35' W.

93............................ 39 deg.56.65' N. 69 deg.24.4' W.

94............................ 39 deg.56.1' N. 69 deg.26.35' W.

95............................ 39 deg.56.55' N. 69 deg.34.1' W.

96............................ 39 deg.57.85' N. 69 deg.35.5' W.

97............................ 40 deg.00.65' N. 69 deg.36.5' W.

98............................ 40 deg.00.9' N. 69 deg.37.3' W.

99............................ 39 deg.59.15' N. 69 deg.37.3' W.

100........................... 39 deg.58.8' N. 69 deg.38.45' W.

102........................... 39 deg.56.2' N. 69 deg.40.2' W.

103........................... 39 deg.55.75' N. 69 deg.41.4' W.

104........................... 39 deg.56.7' N. 69 deg.53.6' W.

105........................... 39 deg.57.55' N. 69 deg.54.05' W.

106........................... 39 deg.57.4' N. 69 deg.55.9' W.

107........................... 39 deg.56.9' N. 69 deg.57.45' W.

108........................... 39 deg.58.25' N. 70 deg.03.0' W.

110........................... 39 deg.59.2' N. 70 deg.04.9' W.

111........................... 40 deg.00.7' N. 70 deg.08.7' W.

112........................... 40 deg.03.75' N. 70 deg.10.15' W.

115........................... 40 deg.05.2' N. 70 deg.10.9' W.

116........................... 40 deg.02.45' N. 70 deg.14.1' W.

119 to 181.................... 40 deg.02.75' N. 70 deg.16.1' W

N. 70 deg.03.0' W.

110........................... 39 deg.59.2' N. 70 deg.04.9' W.

111........................... 40 deg.00.7' N. 70 deg.08.7' W.

112........................... 40 deg.03.75' N. 70 deg.10.15' W.

115........................... 40 deg.05.2' N. 70 deg.10.9' W.

116........................... 40 deg.02.45' N. 70 deg.14.1' W.

119 to 181.................... 40 deg.02.75' N. 70 deg.16.1' W.

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

Offshore Boundary

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

Point to 69 Latitude Longitude

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

120........................... 40 deg.06.4' N. 68 deg.35.8' W.

121........................... 40 deg.05.25' N. 68 deg.39.3' W.

122........................... 40 deg.05.4' N. 68 deg.44.5' W.

123........................... 40 deg.06.0' N. 68 deg.46.5' W.

124........................... 40 deg.07.4' N. 68 deg.49.6' W.

125........................... 40 deg.05.55' N. 68 deg.49.8' W.

126........................... 40 deg.03.9' N. 68 deg.51.7' W.

127........................... 40 deg.02.25' N. 68 deg.55.4' W.

128........................... 40 deg.02.6' N. 69 deg.00.0' W.

129........................... 40 deg.02.75' N. 69 deg.00.75' W.

130........................... 40 deg.04.2' N. 69 deg.01.75' W.

131........................... 40 deg.06.15' N. 69 deg.01.95' W.

132........................... 40 deg.07.25' N. 69 deg.02.0' W.

133........................... 40 deg.08.5' N. 69 deg.02.25' W.

134........................... 40 deg.09.2' N. 69 deg.02.95' W.

135........................... 40 deg.09.75' N. 69 deg.03.3' W.

136........................... 40 deg.09.55' N. 69 deg.03.85' W.

137........................... 40 deg.08.4' N. 69 deg.03.4' W.

138........................... 40 deg.07.2' N. 69 deg.03.3' W.

139........................... 40 deg.06.0' N. 69 deg.03.1' W.

140........................... 40 deg.05.4' N. 69 deg.03.05' W.

141..........................

................... 40 deg.09.75' N. 69 deg.03.3' W.

136........................... 40 deg.09.55' N. 69 deg.03.85' W.

137........................... 40 deg.08.4' N. 69 deg.03.4' W.

138........................... 40 deg.07.2' N. 69 deg.03.3' W.

139........................... 40 deg.06.0' N. 69 deg.03.1' W.

140........................... 40 deg.05.4' N. 69 deg.03.05' W.

141........................... 40 deg.04.8' N. 69 deg.03.05' W.

142........................... 40 deg.03.55' N. 69 deg.03.55' W.

143........................... 40 deg.01.9' N. 69 deg.03.95' W.

144........................... 40 deg.01.0' N. 69 deg.04.4' W.

146........................... 39 deg.59.9' N. 69 deg.06.25' W.

147........................... 40 deg.00.6' N. 69 deg.10.05' W.

148........................... 39 deg.59.25' N. 69 deg.11.15' W.

149........................... 39 deg.57.45' N. 69 deg.16.05' W.

150........................... 39 deg.56.1' N. 69 deg.20.1' W.

151........................... 39 deg.54.6' N. 69 deg.25.65' W.

152........................... 39 deg.54.65' N. 69 deg.26.9' W.

153........................... 39 deg.54.8' N. 69 deg.30.95' W.

154........................... 39 deg.54.35' N. 69 deg.33.4' W.

155........................... 39 deg.55.0' N. 69 deg.34.9' W.

156........................... 39 deg.56.55' N. 69 deg.36.0' W.

157........................... 39 deg.57.95' N. 69 deg.36.45' W.

158........................... 39 deg.58.75' N. 69 deg.36.3' W.

159........................... 39 deg.58.8' N. 69 deg.36.95' W.

160........................... 39 deg.57.95' N. 69 deg.38.1' W.

161........................... 39 deg.54.5' N. 69 deg.38.25' W.

162........................... 39 deg.53.6' N. 69 deg.46.5' W.

163........................... 39 deg.54.7' N. 69 deg.50.0' W.

164........................... 39 deg.55.25' N. 69 deg.51.4' W.

165........................... 39 deg.55.2' N. 69 deg.53.1' W.

166........................... 39 deg.54.85' N. 69 deg.53.9' W.

167........................... 39 deg.55.7' N. 69 deg.54.9' W

' N. 69 deg.38.25' W.

162........................... 39 deg.53.6' N. 69 deg.46.5' W.

163........................... 39 deg.54.7' N. 69 deg.50.0' W.

164........................... 39 deg.55.25' N. 69 deg.51.4' W.

165........................... 39 deg.55.2' N. 69 deg.53.1' W.

166........................... 39 deg.54.85' N. 69 deg.53.9' W.

167........................... 39 deg.55.7' N. 69 deg.54.9' W.

168........................... 39 deg.56.15' N. 69 deg.55.35' W.

169........................... 39 deg.56.05' N. 69 deg.56.25' W.

170........................... 39 deg.55.3' N. 69 deg.57.1' W.

171........................... 39 deg.54.8' N. 69 deg.58.6' W.

172........................... 39 deg.56.05' N. 70 deg.00.65' W.

173........................... 39 deg.55.3' N. 70 deg.02.95' W.

174........................... 39 deg.56.9' N. 70 deg.11.3' W.

175........................... 39 deg.58.9' N. 70 deg.11.5' W.

176........................... 39 deg.59.6' N. 70 deg.11.1' W.

177........................... 40 deg.01.35' N. 70 deg.11.2' W.

178........................... 40 deg.02.6' N. 70 deg.12.0' W.

179........................... 40 deg.00.4' N. 70 deg.12.3' W.

180........................... 39 deg.59.75' N. 70 deg.13.05' W.

181 to 119.................... 39 deg.59.3' N. 70 deg.14.0' W.

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

(c) Restricted Gear Area II.--(1) Duration.--(i) Mobile Gear. From

November 27 through June 15, no fishing vessel with mobile gear or

person on a fishing vessel with mobile gear may fish, or be, in

Restricted Gear Area II (as defined in paragraph (c)(2) of this

section) unless transiting. Vessels may transit this area provided that

all mobile gear is on board the vessel while inside the area.

(ii) Lobster trap gear. From June 16 through November 26, no

fishing vessel with lobster trap gear or person on a fishing vessel

with lobster trap gear may fish, and no lobster trap gear may be

deployed or remain, in Restricted Gear Area II as defined in paragraph

ion) unless transiting. Vessels may transit this area provided that

all mobile gear is on board the vessel while inside the area.

(ii) Lobster trap gear. From June 16 through November 26, no

fishing vessel with lobster trap gear or person on a fishing vessel

with lobster trap gear may fish, and no lobster trap gear may be

deployed or remain, in Restricted Gear Area II as defined in paragraph

(c)(2) of this section.

(2) Definition of Restricted Gear Area II. Restricted Gear Area II

is defined by straight lines connecting the following points in the

order stated:

Inshore Boundary

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

Point to 1 Latitude Longitude

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

49........................... 40 deg.02.75' N...... 70 deg.16.1' W.

50........................... 40 deg.00.7' N....... 70 deg.18.6' W.

51........................... 39 deg.59.8' N....... 70 deg.21.75' W.

52........................... 39 deg.59.75' N...... 70 deg.25.5' W.

53........................... 40 deg.03.85' N...... 70 deg.28.75' W.

54........................... 40 deg.00.55' N...... 70 deg.32.1' W.

55........................... 39 deg.59.15' N...... 70 deg.34.45' W.

56........................... 39 deg.58.9' N....... 70 deg.38.65' W.

57........................... 40 deg.00.1' N....... 70 deg.45.1' W.

58........................... 40 deg.00.5' N....... 70 deg.57.6' W.

59........................... 40 deg.02.0' N....... 71 deg.01.3' W.

60........................... 39 deg.59.3' N....... 71 deg.18.4' W.

61........................... 40 deg.00.7' N....... 71 deg.19.8' W.

62........................... 39 deg.57.5' N....... 71 deg.20.6' W.

63........................... 39 deg.53.1' N....... 71 deg.36.1' W.

64........................... 39 deg.52.6' N....... 71 deg.40.35' W.

65........................... 39 deg.53.1' N....... 71 deg.42.7' W.

66........................... 39 deg.46.95' N...... 71 deg.49.0' W.

67..........................

00.7' N....... 71 deg.19.8' W.

62........................... 39 deg.57.5' N....... 71 deg.20.6' W.

63........................... 39 deg.53.1' N....... 71 deg.36.1' W.

64........................... 39 deg.52.6' N....... 71 deg.40.35' W.

65........................... 39 deg.53.1' N....... 71 deg.42.7' W.

66........................... 39 deg.46.95' N...... 71 deg.49.0' W.

67........................... 39 deg.41.15' N...... 71 deg.57.1' W.

68........................... 39 deg.35.45' N...... 72 deg.02.0' W.

69........................... 39 deg.32.65' N...... 72 deg.06.1' W.

70 to 48..................... 39 deg.29.75' N...... 72 deg.09.8' W.

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

Offshore Boundary

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

Point to 49 Latitude Longitude

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

1............................ 39 deg.59.3' N....... 70 deg.14.0' W.

2............................ 39 deg.58.85' N...... 70 deg.15.2' W.

3............................ 39 deg.59.3' N....... 70 deg.18.4' W.

4............................ 39 deg.58.1' N....... 70 deg.19.4' W.

5............................ 39 deg.57.0' N....... 70 deg.19.85' W.

6............................ 39 deg.57.55' N...... 70 deg.21.25' W.

7............................ 39 deg.57.5' N....... 70 deg.22.8' W.

8............................ 39 deg.57.1' N....... 70 deg.25.4' W.

9............................ 39 deg.57.65' N...... 70 deg.27.05' W.

10........................... 39 deg.58.58' N...... 70 deg.27.7' W.

11........................... 40 deg.00.65' N...... 70 deg.28.8' W.

12........................... 40 deg.02.2' N....... 70 deg.29.15' W.

13........................... 40 deg.01.0' N....... 70 deg.30.2' W.

14........................... 39 deg.58.58' N...... 70 deg.31.85' W.

15........................... 39 deg.57.05' N...... 70 deg.34.35' W.

16........................... 39 deg.56.42' N...... 70 deg.36.8' W.

21..........................

.65' N...... 70 deg.28.8' W.

12........................... 40 deg.02.2' N....... 70 deg.29.15' W.

13........................... 40 deg.01.0' N....... 70 deg.30.2' W.

14........................... 39 deg.58.58' N...... 70 deg.31.85' W.

15........................... 39 deg.57.05' N...... 70 deg.34.35' W.

16........................... 39 deg.56.42' N...... 70 deg.36.8' W.

21........................... 39 deg.58.15' N...... 70 deg.48.0' W.

24........................... 39 deg.58.3' N....... 70 deg.51.1' W.

25........................... 39 deg.58.1' N....... 70 deg.52.25' W.

26........................... 39 deg.58.05' N...... 70 deg.53.55' W.

27........................... 39 deg.58.4' N....... 70 deg.59.6' W.

28........................... 39 deg.59.8' N....... 71 deg.01.05' W.

29........................... 39 deg.58.2' N....... 71 deg.05.85' W.

30........................... 39 deg.57.45' N...... 71 deg.12.15' W.

31........................... 39 deg.57.2' N....... 71 deg.15.0' W.

32........................... 39 deg.56.3' N....... 71 deg.18.95' W.

33........................... 39 deg.51.4' N....... 71 deg.36.1' W.

34........................... 39 deg.51.75' N...... 71 deg.41.5' W.

35........................... 39 deg.50.05' N...... 71 deg.42.5' W.

36........................... 39 deg.50.0' N....... 71 deg.45.0' W.

37........................... 39 deg.48.95' N...... 71 deg.46.05' W.

38........................... 39 deg.46.6' N....... 71 deg.46.1' W.

39........................... 39 deg.43.5' N....... 71 deg.49.4' W.

40........................... 39 deg.41.3' N....... 71 deg.55.0' W.

41........................... 39 deg.39.0' N....... 71 deg.55.6' W.

42........................... 39 deg.36.72' N...... 71 deg.58.25' W.

43........................... 39 deg.35.15' N...... 71 deg.58.55' W.

44........................... 39 deg.34.5' N....... 72 deg.00.75' W.

45........................... 39 deg.32.2' N....... 72 deg.02.25' W.

46........................... 39 deg.32.15' N...... 72 deg.04.1' W.

47..........................

0' N....... 71 deg.55.6' W.

42........................... 39 deg.36.72' N...... 71 deg.58.25' W.

43........................... 39 deg.35.15' N...... 71 deg.58.55' W.

44........................... 39 deg.34.5' N....... 72 deg.00.75' W.

45........................... 39 deg.32.2' N....... 72 deg.02.25' W.

46........................... 39 deg.32.15' N...... 72 deg.04.1' W.

47........................... 39 deg.28.5' N....... 72 deg.06.5' W.

48 to 70..................... 39 deg.29.0' N....... 72 deg.09.25' W.

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

5(d) Restricted Gear Area III.--(1) Duration.--(i) Mobile Gear.

From June 16 through November 26, no fishing vessel with mobile gear or

person on a fishing vessel with mobile gear may fish, or be, in

Restricted Gear Area III (as

defined in paragraph (d)(2) of this section) unless transiting. Vessels

may transit this area provided that all mobile gear is on board the

vessel while inside the area.

(ii) Lobster trap gear. From January 1 through April 30, no fishing

vessel with lobster trap gear or person on a fishing vessel with

lobster trap gear may fish, and no lobster trap gear may be deployed or

remain, in Restricted Gear Area III as defined in paragraph (d)(2) of

this section.

(2) Definition of Restricted Gear Area III. Restricted Gear Area

III is defined by straight lines connecting the following points in the

order stated:

April 30, no fishing

vessel with lobster trap gear or person on a fishing vessel with

lobster trap gear may fish, and no lobster trap gear may be deployed or

remain, in Restricted Gear Area III as defined in paragraph (d)(2) of

this section.

(2) Definition of Restricted Gear Area III. Restricted Gear Area

III is defined by straight lines connecting the following points in the

order stated:

Inshore Boundary

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

Point to 49 Latitude Longitude

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

182........................... 40 deg.05.6' N. 70 deg.17.7' W.

183........................... 40 deg.06.5' N. 70 deg.40.05' W.

184........................... 40 deg.11.05' N. 70 deg.45.8' W.

185........................... 40 deg.12.75' N. 70 deg.55.05' W.

186........................... 40 deg.10.7' N. 71 deg.10.25' W.

187........................... 39 deg.57.9' N. 71 deg.28.7' W.

188........................... 39 deg.55.6' N. 71 deg.41.2' W.

189........................... 39 deg.55.85' N. 71 deg.45.0' W.

190........................... 39 deg.53.75' N. 71 deg.52.25' W.

191........................... 39 deg.47.2' N. 72 deg.01.6' W.

192 to 70..................... 39 deg.33.65' N. 72 deg.15.0' W.

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

Offshore Boundary

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

Point to 182 Latitude Longitude

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

49........................... 40 deg.02.75' N...... 70 deg.16.1' W.

50........................... 40 deg.00.7' N....... 70 deg.18.6' W.

51........................... 39 deg.59.8' N....... 70 deg.21.75' W.

52........................... 39 deg.59.75' N...... 70 deg.25.5' W.

53........................... 40 deg.03.85' N...... 70 deg.28.75' W.

54........................... 40 deg.00.55' N...... 70 deg.32.1' W.

55........................... 39 deg.59.15' N.....

6.1' W.

50........................... 40 deg.00.7' N....... 70 deg.18.6' W.

51........................... 39 deg.59.8' N....... 70 deg.21.75' W.

52........................... 39 deg.59.75' N...... 70 deg.25.5' W.

53........................... 40 deg.03.85' N...... 70 deg.28.75' W.

54........................... 40 deg.00.55' N...... 70 deg.32.1' W.

55........................... 39 deg.59.15' N...... 70 deg.34.45' W.

56........................... 39 deg.58.9' N....... 70 deg.38.65' W.

57........................... 40 deg.00.1' N....... 70 deg.45.1' W.

58........................... 40 deg.00.5' N....... 70 deg.57.6' W.

59........................... 40 deg.02.0' N....... 71 deg.01.3' W.

60........................... 39 deg.59.3' N....... 71 deg.18.4' W.

61........................... 40 deg.00.7' N....... 71 deg.19.8' W.

62........................... 39 deg.57.5' N....... 71 deg.20.6' W.

63........................... 39 deg.53.1' N....... 71 deg.36.1' W.

64........................... 39 deg.52.6' N....... 71 deg.40.35' W.

65........................... 39 deg.53.1' N....... 71 deg.42.7' W.

66........................... 39 deg.46.95' N...... 71 deg.49.0' W.

67........................... 39 deg.41.15' N...... 71 deg.57.1' W.

68........................... 39 deg.35.45' N...... 72 deg.02.0' W.

69........................... 39 deg.32.65' N...... 72 deg.06.1' W.

70 to 192.................... 39 deg.29.75' N...... 72 deg.09.8' W.

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

................. 39 deg.46.95' N...... 71 deg.49.0' W.

67........................... 39 deg.41.15' N...... 71 deg.57.1' W.

68........................... 39 deg.35.45' N...... 72 deg.02.0' W.

69........................... 39 deg.32.65' N...... 72 deg.06.1' W.

70 to 192.................... 39 deg.29.75' N...... 72 deg.09.8' W.

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

(e) Restricted Gear Area IV.--(1) Duration for Mobile Gear. From

June 16 through September 30, no fishing vessel with mobile gear or

person on a fishing vessel with mobile gear may fish, or be, in

Restricted Gear Area IV (as defined in paragraph (e)(2) of this

section) unless transiting. Vessels may transit this area provided that

all mobile gear is on board the vessel while inside the area.

(2) Definition of Restricted Gear Area IV. Restricted Gear Area IV

is defined by straight lines connecting the following points in the

order stated:

Inshore Boundary

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

Point Latitude Longitude

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

193........................... 40 deg.13.60' N. 68 deg.40.60' W.

194........................... 40 deg.11.60' N. 68 deg.53.00' W.

195........................... 40 deg.14.00' N. 69 deg.04.70' W.

196........................... 40 deg.14.30' N. 69 deg.05.80' W.

197........................... 40 deg.05.50' N. 69 deg.09.00' W.

198........................... 39 deg.57.30' N. 69 deg.25.10' W.

199........................... 40 deg.00.40' N. 69 deg.35.20' W.

200........................... 40 deg.01.70' N. 69 deg.35.40' W.

201........................... 40 deg.01.70' N. 69 deg.37.40' W.

202........................... 40 deg.00.50' N. 69 deg.38.80' W.

203........................... 40 deg.01.30' N. 69 deg.45.00' W.

204........................... 40 deg.02.10' N. 69 deg.45.00' W.

205........................... 40 deg.07.60' N. 70 deg.04.50' W.

206 to 119.................... 40 deg.07.80' N

g.01.70' N. 69 deg.35.40' W.

201........................... 40 deg.01.70' N. 69 deg.37.40' W.

202........................... 40 deg.00.50' N. 69 deg.38.80' W.

203........................... 40 deg.01.30' N. 69 deg.45.00' W.

204........................... 40 deg.02.10' N. 69 deg.45.00' W.

205........................... 40 deg.07.60' N. 70 deg.04.50' W.

206 to 119.................... 40 deg.07.80' N. 70 deg.09.20' W.

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

Offshore Boundary

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

Point to 193 Latitude Longitude

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

69............................ 40 deg.07.90' N.... 68 deg.36.00' W.

70............................ 40 deg.07.20' N.... 68 deg.38.40' W.

71............................ 40 deg.06.90' N.... 68 deg.46.50' W.

72............................ 40 deg.08.70' N.... 68 deg.49.60' W.

73............................ 40 deg.08.10' N.... 68 deg.51.00' W.

74............................ 40 deg.05.70' N.... 68 deg.52.40' W.

75............................ 40 deg.03.60' N.... 68 deg.57.20' W.

76............................ 40 deg.03.65' N.... 69 deg.00.00' W.

77............................ 40 deg.04.35' N.... 69 deg.00.50' W.

78............................ 40 deg.05.20' N.... 69 deg.00.50' W.

79............................ 40 deg.05.30' N.... 69 deg.01.10' W.

80............................ 40 deg.08.90' N.... 69 deg.01.75' W.

81............................ 40 deg.11.00' N.... 69 deg.03.80' W.

82............................ 40 deg.11.60' N.... 69 deg.05.40' W.

83............................ 40 deg.10.25' N.... 69 deg.04.40' W.

84............................ 40 deg.09.75' N.... 69 deg.04.15' W.

85............................ 40 deg.08.45' N.... 69 deg.03.60' W.

86............................ 40 deg.05.65' N.... 69 deg.03.55' W.

....................... 40 deg.11.00' N.... 69 deg.03.80' W.

82............................ 40 deg.11.60' N.... 69 deg.05.40' W.

83............................ 40 deg.10.25' N.... 69 deg.04.40' W.

84............................ 40 deg.09.75' N.... 69 deg.04.15' W.

85............................ 40 deg.08.45' N.... 69 deg.03.60' W.

86............................ 40 deg.05.65' N.... 69 deg.03.55' W.

87............................ 40 deg.04.10' N.... 69 deg.03.90' W.

88............................ 40 deg.02.65' N.... 69 deg.05.60' W.

89............................ 40 deg.02.00' N.... 69 deg.08.35' W.

90............................ 40 deg.02.65' N.... 69 deg.11.15' W.

91............................ 40 deg.00.05' N.... 69 deg.14.60' W.

92............................ 39 deg.57.80' N.... 69 deg.20.35' W.

93............................ 39 deg.56.75' N.... 69 deg.24.40' W.

94............................ 39 deg.56.50' N.... 69 deg.26.35' W.

95............................ 39 deg.56.80' N.... 69 deg.34.10' W.

96............................ 39 deg.57.85' N.... 69 deg.35.05' W.

97............................ 40 deg.00.65' N.... 69 deg.36.50' W.

98............................ 40 deg.00.90' N.... 69 deg.37.30' W.

99............................ 39 deg.59.15' N.... 69 deg.37.30' W.

100........................... 39 deg.58.80' N.... 69 deg.38.45' W.

102........................... 39 deg.56.20' N.... 69 deg.40.20' W.

103........................... 39 deg.55.75' N.... 69 deg.41.40' W.

104........................... 39 deg.56.70' N.... 69 deg.53.60' W.

105........................... 39 deg.57.55' N.... 69 deg.54.05' W.

106........................... 39 deg.57.40' N.... 69 deg.55.90' W.

107........................... 39 deg.56.90' N.... 69 deg.57.45' W.

108........................... 39 deg.58.25' N.... 70 deg.03.00' W.

110........................... 39 deg.59.20' N.... 70 deg.04.90' W.

111........................... 40 deg.00.70' N.... 70 deg.08.7'# W.

112........................... 40 deg.03.75' N.... 70 deg.10.15' W

........................ 39 deg.57.40' N.... 69 deg.55.90' W.

107........................... 39 deg.56.90' N.... 69 deg.57.45' W.

108........................... 39 deg.58.25' N.... 70 deg.03.00' W.

110........................... 39 deg.59.20' N.... 70 deg.04.90' W.

111........................... 40 deg.00.70' N.... 70 deg.08.7'# W.

112........................... 40 deg.03.75' N.... 70 deg.10.15' W.

115........................... 40 deg.05.20' N.... 70 deg.10.90' W.

116........................... 40 deg.02.45' N.... 70 deg.14.1' W.

119 to 206.................... 40 deg.02.75' N.... 70 deg.16.1' W.

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

Subpart C--Egg Production Rebuilding Schedule and Adaptive

Management Adjustments

Sec. 697.30 Purpose and scope.

The purpose of this subpart is to specify the requirements and

adaptive area management procedures for implementing the egg production

rebuilding schedule for American lobster, intended to eliminate

overfishing in all resource areas and rebuild the stock.

Sec. 697.31 Egg production rebuilding schedule Lobster Management

Areas.

(a) Management areas. The egg production rebuilding schedule shall

be developed based on the status of stock of American lobsters and

management considerations for each of the following lobster management

areas described and defined in paragraph (a) of this section.

(1) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area

1 including state and Federal waters that are near-shore in the Gulf of

Maine, as defined by the area bounded by straight lines connecting the

following points, in the order stated, and the coastline of Maine, New

Hampshire, and Massachusetts to the northernmost point on Cape Cod:

and defined in paragraph (a) of this section.

(1) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area

1 including state and Federal waters that are near-shore in the Gulf of

Maine, as defined by the area bounded by straight lines connecting the

following points, in the order stated, and the coastline of Maine, New

Hampshire, and Massachusetts to the northernmost point on Cape Cod:

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

This text is long and has been trimmed here. Open the source document for the complete record.