[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19748-19749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8451]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA312
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
General Provisions for Domestic Fisheries; Application for Exempted
Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator),
has made a preliminary determination that an Exempted Fishing Permit
(EFP) application contains all of the required information and warrants
further consideration. This EFP application would exempt commercial
fishing vessels from the following Federal American lobster
regulations: (1) Gear specifications (including escape vents, ghost
panel and maximum trap size; (2) trap limits; and (3) trap tags to
allow 11 Federally permitted vessels to utilize a combined total of 35
modified lobster traps to catch juvenile lobsters, (30-50 mm carapace
length), throughout lobster management area 3 (Area 3), in an attempt
to understand patterns of larval dispersal and settlement. This
proposed project would be conducted by the Atlantic Offshore Lobster
Association (AOLA) in conjunction with scientists and the fishing
industry.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act require publication of this notification to provide
interested parties the opportunity to comment on applications for
proposed EFPs.
DATES: Comments must be received on or before April 25, 2011.
ADDRESSES: Comments on this notice may be submitted by e-mail. The
mailbox address for providing e-mail comments is [email protected].
Include in the subject line ``Comments on AOLA Lobster EFP.'' Written
comments should be sent to Patricia A. Kurkul, Regional Administrator,
NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope ``Comments on AOLA Lobster
EFP.''
Fax: (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Carol Sh[eacute], Fishery Policy
Analyst, 978-282-8464, [email protected].
SUPPLEMENTARY INFORMATION: AOLA submitted a complete application for an
EFP on March 11, 2011, to conduct commercial fishing activities that
the regulations would otherwise restrict. This EFP application would
exempt commercial fishing vessels from the following Federal
regulations: gear specifications (including escape vents, ghost panel
and maximum trap size) specified under 50 CFR 697.21(c)(4), 697.21(d)
and 697.21(e)(2)(ii); trap limits specified under Sec. 697.19(b)(5);
and trap tags specified under Sec. 697.19(f). The EFP would authorize
11 Federally permitted vessels to be exempted from parts of the Federal
lobster regulations to allow the participating vessels to fish modified
lobster traps, exceed trap limits, and deploy the modified traps
without trap tags in an attempt to formalize the anecdotal presence of
young lobsters. Some lobster scientists believe that larvae will only
survive in the inshore fishery due to the depths and available light,
and that there are no small lobsters offshore; however, data resulting
from this project are intended to determine whether there are new
lobster nursery grounds offshore.
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. AOLA will work in conjunction
with scientists and the fishing industry to build and test various trap
modifications to determine the optimal design for use in offshore
waters. The modified gear may exceed the Federal maximum trap size
restrictions, include smaller wire mesh sizes, modified entrance heads/
rings, closed or modified escape vents, and cobble acting as shelter
material. The deployment of the experimental traps throughout lobster
management area 3 (Area 3) statistical areas 464, 522, 561, 562, 525,
526, 533, 537, 613, 616, and 622, would begin in April 2011 and extend
through August 2012. AOLA would submit progress reports in December
2011 and September 2012, since the project would exceed 1 year.
Participating vessels would include between one and three experimental
lobster traps as part of a commercial lobster trap trawl deployed under
routine industry conditions. Modified traps would remain in the water
for up to 6 consecutive months (182 days), being hauled approximately
weekly
[[Page 19749]]
following the normal fishing schedule of the participating vessels. The
gear would be compliant with the Atlantic Large Whale Take Reduction
Plan; therefore, impacts to protected resources would be negligible.
Subsequently, AOLA will provide data necessary to assist in better
future management of the lobster fishery.
The activities occurring in Area 3 statistical areas are not
anticipated to have any more environmental impacts than those already
occurring as part of a commercial lobster trap trawl deployed under
usual industry conditions. Impacts to the lobster resource would be
negligible. Given the small mesh and entrance heads, the modified gear
is not expected to catch legal lobsters. Any sublegal lobsters caught
would briefly be retained onboard only for the purposes of recording
their size, sex, and presence of shell disease, before being promptly
released back into the ocean. There should be minimal impact to bycatch
species due to the use of small mesh and small entrance heads and, in
addition, all bycatch species hauled from modified gear would be
returned promptly to the ocean. Likewise, there would not be
significant impacts on benthic habitats. As the gear would be compliant
with the Atlantic Large Whale Take Reduction Plan and would be deployed
under usual industry conditions, impacts to protected resources would
be negligible.
If approved, the applicant may request minor modifications and
extensions to the EFP throughout the year. EFP modifications and
extensions may be granted without further notice if they are deemed
essential to facilitate completion of the proposed research and have
minimal impacts that do not change the scope or impact of the initially
approved EFP request. Any fishing activity conducted outside the scope
of the exempted fishing activity would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 4, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-8451 Filed 4-7-11; 8:45 am]
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