[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Notices]
[Page 17834-17836]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-44]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040306B]
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of a request for Exempted Fishing Permits to
conduct experimental fishing; request for comments.
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SUMMARY: This Exempted Fishing Permit (EFP) application is a
continuation of a collaborative project involving the University of New
Hampshire (UNH), Durham, New Hampshire (NH); the Lobster Conservancy,
Friendship, Maine; the New England Aquarium, Boston, Massachusetts; and
the Atlantic Offshore Lobstermen's Association, Candia, NH. The EFP
proposes to continue monitoring a total of 150 legal sized egg bearing
female lobsters (berried lobsters) carrying early-stage eggs until the
eggs mature and are released. Each berried lobster will be tagged and
fitted with a small ambient temperature recording device (Tidbit
temperature-loggers) and then the movement and egg-development stages
of these tagged berried lobsters will be documented. When a tagged
berried lobster is recaptured in commercial lobster gear, participating
lobstermen will download thermal data from the attached Tidbit
temperature-logger, and also preserve a maximum of 10 eggs from each
tagged berried lobster to allow researchers to estimate the egg
developmental stage and time to maturity. The tagged berried lobsters
will then be released unharmed. The EFP would waive the prohibition on
removal of eggs specified at 50 CFR 697.7(c)(1)(iv) for a maximum of 16
participating vessels and is limited to the 150 pre-tagged berried
lobsters in this project.
The Director, State, Federal and Constituent Programs Office,
Northeast
[[Page 17835]]
Region, NMFS (Office Director) has made a preliminary determination
that the subject EFP application contains all the required information
and warrants further consideration. The Office Director has also made a
preliminary determination that the activities authorized under the EFPs
would be consistent with the goals and objectives of Federal management
of the American lobster resource. However, further review and
consultation may be necessary before a final determination is made to
issue EFPs. Therefore, NMFS announces that the Office Director proposes
to issue EFPs that would allow a maximum of 16 Federally permitted
commercial fishing vessels to participate in the continuation of a
project designed to monitor the movement of berried lobsters in two
inshore locations in the vicinity of Portsmouth, New Hampshire, and
Friendship, Maine, and in two offshore locations along the northern
edge of Georges Bank and in Corsair and Lydonia Canyons to the
southeast of Georges Bank.
This project would not involve the authorization of any additional
trap gear, and all trap gear would conform to existing Federal lobster
regulations. There would be no anticipated adverse effects on protected
resources or habitat as a result of this research. Therefore, this
document invites comments on the issuance of EFPs to allow a maximum of
16 commercial fishing vessels in possession of Federal lobster permits
to remove a maximum of 10 eggs each time any one of the 150 tagged
berried lobsters are captured during the course of normal fishing
operations in the designated study areas.
DATES: Comments on this lobster EFP notification for berried lobster
monitoring and data collection must be received on or before April 24,
2006.
ADDRESSES: Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope
``Comments - Lobster EFP Proposal''. Comments also may be sent via
facsimile (fax) to 978-281-9117. Comments on the Lobster EFP Proposal
may be submitted by e-mail. The mailbox address for providing e-mail
comments is Lobster2006@noaa.gov. Include in the subject line of the e-
mail comment the following document identifier: ``Comments - Lobster
EFP Proposal''.
FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management
Specialist, (978) 281-9234, fax (978)-281-9117.
SUPPLEMENTARY INFORMATION:
Background
The regulations that govern exempted fishing, at 50 CFR 600.745(b)
and 697.22 allow the Regional Administrator to authorize for limited
testing, public display, data collection, exploration, health and
safety, environmental clean-up, and/or hazardous removal purposes, and
the targeting or incidental harvest of managed species that would
otherwise be prohibited. An EFP to authorize such activity may be
issued, provided there is adequate opportunity for the public to
comment on the EFP application, the conservation goals and objectives
of Federal management of the American lobster resource are not
compromised, and issuance of the EFP is beneficial to the management of
the species.
The American lobster fishery is one of the most valuable fisheries
in the northeastern United States. In 2004, approximately 75 million
pounds (34,169 metric tons (mt)) of American lobster were landed with
an ex-vessel value of approximately 315 million dollars. Operating
under the Atlantic States Marine Fisheries Commission's interstate
management process, American lobster are managed in state waters under
Amendment 3 to the American Lobster Interstate Fishery Management Plan
(Amendment 3). In Federal waters of the Exclusive Economic Zone (EEZ),
lobster is managed under Federal regulations at 50 CFR part 697.
Amendment 3, and compatible Federal regulations established a framework
for area management, which includes industry participation in the
development of a management program which suits the needs of each
lobster management area while meeting targets established in the
Interstate Fisheries Management Program. The industry, through area
management teams, with the support of state agencies, have played a
vital role in advancing the area management program.
American lobster experience very high fishing mortality rates
throughout their range, from Canada to Cape Hatteras, North Carolina.
Although harvest and population abundance are near record levels due to
high recent recruitment and favorable environmental conditions, there
is significant risk of a sharp drop in abundance, and such a decline
would have serious implications. To facilitate the development of
effective management tools, extensive monitoring and detailed data on
the biology and composition of lobsters throughout the range of the
resource are necessary. To facilitate effective management, this
proposed EFP would monitor egg growth and development of tagged berried
lobsters in four study areas using traditional lobster trap gear.
Proposed EFP
The EFP proposes to continue the collection of statistical and
scientific information as part of a project, originally announced in
the Federal Register on October 21, 2004 (69 FR 19165), that is
designed to monitor the movement of tagged berried lobsters to collect
data that will assist in the assessment of the lobster resource and in
the development of management practices appropriate to the fishery.
Participants in this project are funded by, and under the direction of
the Northeast Consortium, a group of four research institutions
(University of New Hampshire, University of Maine, Massachusetts
Institute of Technology, and Woods Hole Oceanographic Institution)
which are working together to foster this initiative.
Each of the maximum of 16 commercial fishing vessels in possession
of Federal lobster permits involved in this monitoring and data
collection program would collect temperature data and a maximum of 10
eggs from each tagged berried lobster harvested using traditional
lobster trap gear. Participating vessels would collect data from each
of the four general study areas in the vicinity of Portsmouth, New
Hampshire, and Friendship, Maine, the northern edge of Georges Bank and
in the vicinity of Corsair and Lydonia Canyons along the southern edge
of Georges Bank. This EFP would not involve the authorization of any
additional lobster trap gear in the study areas. The participating
vessels may retain on deck tagged egg bearing female lobsters, in
addition to legal lobsters, for the purpose of collecting temperature
data from the attached Tidbit temperature-loggers, and for the purpose
of collecting a maximum of 10 eggs from each tagged berried lobster to
allow researchers to estimate the egg developmental stage and time to
maturity. All berried lobsters would be returned to the sea as quickly
as possible after data collection. Pursuant to 50 CFR 600.745(b)(3)(v),
the Regional Administrator may attach terms and conditions to the EFP
consistent with the purpose of the exempted fishing.
This project would not involve the authorization of any additional
lobster trap gear. All traps fished by the participating vessels would
comply with all applicable lobster regulations specified at 50 CFR part
697. To allow for the collection of temperature data and the removal of
a maximum of 10 eggs from each tagged berried lobster,
[[Page 17836]]
the EFP would waive the American lobster prohibition on removal of eggs
specified at 50 CFR 697.7(c)(1)(iv). All sample collections would be
conducted by a maximum of 16 federally permitted commercial fishing
vessels, during the course of regular commercial fishing operations.
There would not be observers or researchers onboard every participating
vessel.
This project, including the lobster handling protocols, was
initially developed in consultation with University of New Hampshire
scientists. To the greatest extent practicable, these handling
protocols are designed to avoid unnecessary adverse environmental
impact on lobsters involved in this project, while achieving the data
collection objectives of this project.
Authority:
16 U.S.C. 1801 et seq.
Dated: April 3, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-5119 Filed 4-6-06; 8:45 am]
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