Fisheries of the Northeastern United States; Jonah Crab Fishery; Interstate Fishery Management Plan for Jonah Crab, 10756-10768 [2019-05423]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10756-10768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05423]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151006928-9089-02]
RIN 0648-BF43


Fisheries of the Northeastern United States; Jonah Crab Fishery; 
Interstate Fishery Management Plan for Jonah Crab

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: Based on Atlantic States Marine Fisheries Commission 
recommendations, we, the National Marine Fisheries Service, are 
proposing to implement regulations for the Jonah crab fishery in 
Federal waters. This action is necessary to enact measures that provide 
stock protections to a previously unmanaged fishery. The action is 
intended to ensure compatibility between state and Federal Jonah crab 
management measures, consistent with the Commission's Interstate 
Fishery Management Plan for Jonah Crab and the intent of the Atlantic 
Coastal Fisheries Cooperative Management Act.

DATES: Public comments must be received by April 22, 2019.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0127, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2015-0127, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Jonah Crab Proposed Rule.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    You may request copies of the Draft Environmental Impact Statement 
(DEIS), including the Regulatory Impact Review (RIR) and the Initial 
Regulatory Flexibility Analysis (IRFA), prepared for this action at the 
mailing address specified above or by calling (978) 281-9225. The 
document is also available online at https://www.greateratlantic.fisheries.noaa.gov/nr/2018/May/jonahcrabDEIS.html.
    You may submit written comments regarding the burden-hour estimates 
or other aspects of the collection-of-information requirements 
contained in this proposed rule to the mailing address listed above and 
by email to OIRA_Submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: 

Background

    Under its process for managing species that are managed by both the 
states and NOAA's National Marine Fisheries Service, the Atlantic 
States Marine Fisheries Commission decides upon a management strategy, 
and then recommends that the states and Federal government enact 
regulations to complement these measures when appropriate. The Atlantic 
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.) 
directs the Federal government to support the management efforts of the 
Commission and, to the extent the Federal government seeks to regulate 
a Commission species, to develop regulations that are compatible with 
the Commission's Interstate Fishery Management Plan and consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act's National 
Standards.
    Historically, Jonah crabs (Cancer borealis) have been harvested as 
an incidental catch in the American lobster trap fishery. That is, 
traditionally, lobster harvesters did not target Jonah crabs, but 
sometimes kept and brought them to market if they caught some while 
lobster fishing. Eventually, the Jonah crab market expanded, and 
lobster harvesters began making legal modifications to their lobster 
traps and setting traps for the specific purpose of catching Jonah 
crabs. Landings have dramatically increased from nearly 3 million lb 
(1360.78 mt) in 1994 to a high of over 17 million lb (7711.07 mt) in 
2017.
    The rapid increase in Jonah crab landings concerned fishery 
managers. Little is known about the species within U.S. waters other 
than the fact that fishing pressure has significantly increased. There 
has been no scientific stock assessment, so we do not know whether the 
stock is overfished or whether overfishing is occurring. The Jonah crab 
fishery has been wholly unregulated in Federal waters; anybody could 
fish for any amount of crabs. Minimal and inconsistent regulations had 
been issued by some states. Some states tied the harvest of Jonah crabs 
to their state lobster license, while others did not. The market did 
provide limited stock protection: Harvest was tempered at times by a 
low demand, and Jonah crabs with a carapace width smaller than 5 inches 
(12.7 cm) were considered less marketable. In recent years, targeted 
fishing pressure has increased, likely due to the decline of the 
Southern New England lobster stock and the growing market demand for 
crab.
    The Commission initiated management of Jonah crab out of concern 
for its future sustainability. Given the linkage between the lobster 
and Jonah crab fisheries, the Jonah crab fishery is managed by the 
Commission's American Lobster Management Board. The Commission approved 
an Interstate Fishery Management Plan for Jonah Crab in August 2015, 
following its public process for review and approval of management 
actions. The goal of the Commission's Jonah Crab Plan is, ``to promote 
conservation, reduce the possibility of recruitment failure, and allow 
the full utilization of the resource by the industry.'' In general, the 
plan aimed to capture the fishery within the parameters that existed 
prior to approval of the plan in 2015. For example, this involved 
establishing a

[[Page 10757]]

fishery that was limited to and prosecuted by lobster trap harvesters. 
Shortly after the Commission approved the plan, the Commission 
initiated and approved Addenda I and II, refining incidental catch 
limits and claw-only measures. These documents are available on the 
Commission's website at: https://www.asmfc.org/species/jonah-crab. The 
Commission formally recommended that the Secretary of Commerce 
implement complementary measures to the Jonah Crab Plan on September 8, 
2015. The Commission amended the Jonah Crab Plan to include additional 
measures on February 8, 2017 and at that time contemporaneously asked 
the Secretary to include those additional measures as part of the 
Federal regulatory process.

Proposed Measures

    This rule proposes the following measures (Table 1) which are 
consistent with the Commission's recommendations in the Jonah Crab Plan 
and its addenda. Measures are discussed in greater detail below.
[GRAPHIC] [TIFF OMITTED] TP22MR19.004

Commercial Measures

1. Permitting

    We are proposing to limit Jonah crab fishing access and harvest to 
those harvesters who already have an existing permit within the 
limited-access American lobster permit system. As a result, there is no 
need to separately qualify or issue a Jonah crab-specific permit. Tying 
Jonah crab access to the lobster permits allows managers to take 
advantage of existing lobster regulations to protect Jonah crabs, which 
makes sense because the Jonah crab fishery has historically been 
prosecuted by lobster permit holders using lobster traps. This action 
is not expected to prevent historical Jonah crab harvesters from Jonah 
crab fishing in the future. Our analysis of Federal and state harvest 
data failed to identify a Jonah crab trap harvester that did not hold 
an American lobster permit. In multiple advance notices of proposed 
rulemaking (80 FR 31347, June 2, 2015; 81 FR 70658, October 13, 2016), 
we have requested information to identify any Jonah crab harvesters 
that did not hold a lobster permit, which would inform our proposal to 
link Jonah crab harvest to the existing lobster permit structure. To 
date, we have received no comments identifying Jonah crab harvesters 
that did not have a lobster permit. We conclude that linking Jonah crab 
harvest to the existing American lobster permitting structure is 
appropriate. We are, however, inviting the public to comment on this 
linkage between the Jonah crab and lobster permit structure.
    Approximately 95 percent of Jonah crab landings are caught in 
lobster traps. By combining Jonah crab harvest with the Federal lobster 
permit, a Jonah crab trap would be considered a lobster trap under 
Federal regulations at 50 CFR 697.7. As a result, commercial lobster 
trap permit holders harvesting Jonah crabs would be subject to the 
Federal lobster effort control measures set forth in 50 CFR part 697 et 
seq., including the trap tag program, allocation and trap cap limits, 
gear requirements, etc. Provided that all lobster requirements and the 
other requirements proposed by this rulemaking are complied with, a 
lobster trap permit holder may harvest an unlimited amount of crabs. No 
additional lobster traps are proposed to be authorized through this 
action.
    Approximately five percent of the Jonah crab harvest is taken by 
non-trap gear. We are proposing that commercial non-trap lobster permit 
holders would be permitted to land an incidental amount of Jonah crabs 
(meeting both the incidental limit and incidental definition, discussed 
below), should these proposed measures be approved (see Table 1). Jonah 
crabs have not been a directed catch using trawl gear. As with trap 
harvesters, non-trap harvesters would remain obligated to comply with 
all applicable lobster regulations.
    Charter/party permitted vessels must comply with the proposed 
recreational requirements (see Table 1). Finally,

[[Page 10758]]

recreational anglers and divers would be restricted to the recreational 
requirements, and, as with lobster, would not be permitted to set trap 
gear.

2. Minimum Size

    We are proposing to implement a minimum carapace width size of 4\3/
4\ inches (12.065 cm). The proposed size restriction should have a 
negligible impact on the fishing industry because Jonah crabs smaller 
than 4\3/4\ inches (12.065 cm) have not been traditionally marketable 
and therefore were not harvested and brought to market.
    The draft Jonah Crab Plan included a range of minimum carapace 
width size alternatives ranging from 4 inches (10.16 cm) to 5\1/2\ 
inches (13.97 cm) in quarter-inch (0.635-cm) increments, along with a 
no coastwide minimum size alternative. When developing these 
alternatives, the Commission's Jonah Crab Plan Development Team (PDT) 
attempted to identify Jonah crab size at maturity. The PDT found 
minimal information, stating in the Jonah Crab Plan that, ``what little 
is known comes from unpublished documents and published studies with 
low sample sizes.'' Nevertheless, ``examination of the data suggests 
that both sexes reach near 100 percent maturity by 3 35/64 inches (9.0 
cm).'' A 4\3/4\-inch (12.065-cm) size restriction should allow Jonah 
crabs to reproduce before they grow to harvestable size.
    The Commission's PDT looked at alternatives with larger and smaller 
carapace sizes and with different levels of enforcement tolerance (the 
amount of animals smaller than the minimum size which are harvested by 
mistake without the action being considered willful). Ultimately, the 
Commission selected a minimum carapace width size of 4\3/4\ inches 
(12.065 cm) with no tolerance for undersized crabs. This minimum size 
was selected by the Lobster Board because it balances current market 
demands, biological concerns over the size at which crabs become 
mature, and industry concerns that enforcement officials would issue 
violations for crabs that are just under the market-preferred size in 
this high-volume fishery where measuring each crab may be difficult. 
States were required to implement regulations consistent with the 4\3/
4\-inches (12.065-cm) minimum size by June 1, 2016.
    Minimum sizes are used in most Greater Atlantic commercial 
fisheries as a tool to protect immature fish and shellfish to ensure 
that some percentage of fish have the opportunity to reproduce. We 
support such measures because they have biological benefits and are 
enforceable. The measures are also recommended by the Commission and 
have already been implemented by most states. Adopting the same size 
restrictions in this action would provide for consistent size 
restrictions in state and Federal waters.

3. Broodstock Protection

    We are proposing to prohibit the retention of egg-bearing female 
Jonah crabs and prohibit the removal of eggs from egg-bearing female 
Jonah crabs. Three alternatives aimed at affording such protections 
were considered in the draft Jonah Crab Plan: 1. No prohibition; 2. a 
prohibition on egg-bearing female crabs; and 3. a prohibition on the 
retention of all female crabs with a tolerance. Prohibitions on 
possessing egg-bearing crabs were considered in the draft plan because 
they help ensure that eggs are given the opportunity to hatch and add 
to the population. Similar measures have been successfully used in the 
lobster fishery, under the Interstate Fishery Management Plan for 
American Lobster. Ultimately, the Commission selected to prohibit the 
possession of egg-bearing female crabs. Most states had already 
implemented regulations to prohibit possession of egg-bearing female 
crabs by June 1, 2016.
    Given the Commission's objective of giving eggs the opportunity to 
hatch and contribute to the overall crab population, we are also 
proposing to prohibit the removal of eggs from an egg-bearing female 
Jonah crab. While not specifically recommended by the Commission, this 
measure compliments the Jonah Crab Plan by providing an additional 
measure to fortify the Plan's biological objective of allowing eggs to 
hatch. It also closes a potential enforcement loophole which could 
allow a harvester to circumvent the Commission's prohibition of 
possessing egg-bearing female Jonah crabs. Finally, we believe this has 
been an important and effect element of our lobster regulations, and 
therefore we think it is important to include a similar provision for 
Jonah crabs.

4. Incidental Catch Limit

    We are proposing to implement an incidental catch limit of up to 
1,000 crabs per trip for commercial non-trap lobster permit holders, as 
recommended in Addendum I. The Commission spent several meetings 
establishing the incidental catch limit in the original Jonah Crab Plan 
and then perfected it in Addendum I. This Addendum also included 
discussion on gears that must abide by this limit. The Commission 
originally approved an incidental catch limit of up to 200 crabs per 
day and up to 500 crabs per trip which largely mirrored the lobster 
incidental catch limit. The Lobster Board believed that the original 
limit was sufficient to allow for an incidental catch while preventing 
non-trap gear from targeting Jonah crabs.
    Following approval of the Jonah Crab Plan, some stakeholders raised 
concern that the incidental catch limit did not include historic Jonah 
crab harvest amounts. Other management measures developed in the Jonah 
Crab Plan attempted to capture historic fishery practices. The PDT 
reviewed available catch information and determined that the original 
Jonah Crab Plan limit would have restricted some past trips which 
landed more than 200 crabs per day or 500 crabs per trip. The PDT 
determined that a limit of 1,000 crabs per trip would cover the 
majority of past landings from non-trap gear.
    Ultimately, the Commission approved a new, expanded limit of up to 
1,000 crabs per trip for both non-trap gear and non-lobster trap gear 
as part of Addendum I. The Commission expected that this revised limit 
would be more consistent with the maximum incidental catch that existed 
in 2015 prior to developing the Jonah Crab Plan. Our catch data 
corroborates the Commission's basis for revising the incidental catch 
limit. A Federal incidental catch of up to 1,000 crabs would provide 
consistency between Federal and state regulations.
    We support the Commission's Addendum I incidental limit of up to 
1,000 crabs per trip, as only 3 trips between 2010 and 2014 landed more 
than 900 lb (408.2 kg). This higher limit balances the Jonah Crab 
Plan's goals of maintaining historic catch levels while preventing 
future expansion of the incidental fishery into a larger or more 
targeted fishery. We are proposing to adopt and apply the incidental 
limit of up to 1,000 crabs per trip to the American lobster commercial 
non-trap permit category.

5. Incidental Catch Definition

    We are proposing to implement a requirement that Jonah crabs cannot 
comprise more than 50 percent, by weight, of all species kept onboard a 
commercial non-trap permitted vessel. This would be a second 
requirement governing the incidental possession of Jonah crabs and 
would complement the maximum incidental catch limit of 1,000 crabs per 
trip. To further ensure that the incidental catch of Jonah crabs does 
not expand into a targeted fishery, the Commission developed and 
approved an incidental catch definition (called a ``bycatch 
definition'') as part of Addendum II. Options included a status

[[Page 10759]]

quo no incidental catch limit and a 50-percent limit, which would 
require that Jonah crabs make up no more than 50 percent, by weight, of 
all species kept on board a vessel. This requirement is intended to 
work in conjunction with the incidental catch limit. In order to retain 
the full incidental Jonah crab trip limit, a vessel would need to have 
at least the same weight of other species, combined, onboard. The 
Commission developed this measure out of concern that fishermen 
harvesting Jonah crab under the incidental catch limit may, in fact, 
target Jonah crab by landing 1,000 crabs per trip. The Commission was 
also concerned that this small-scale targeted fishery would be allowed 
to land 1,000 crabs per trip, and nothing else. The Commission noted 
that these examples conflicted with their intent for the incidental 
catch limit, which was to account for Jonah crabs caught while 
targeting another species. States were required to implement 
regulations consistent with this definition by January 1, 2018.
    We support the Commission's Addendum II goal of further ensuring 
that historic incidental harvest does not evolve into targeted harvest. 
Percentage-based catch caps have been used in other regionally-managed 
fisheries and are enforceable. Therefore, consistent with the 
Commission's recommendation and to complement state measures already in 
effect, we are proposing to implement a requirement that, in addition 
to the incidental catch limit, Jonah crabs cannot comprise more than 50 
percent, by weight, of all species kept onboard a vessel.

6. Mandatory Dealer Reporting

    We are proposing a dealer permitting requirement and a mandatory 
dealer reporting requirement for any dealer wishing to purchase Jonah 
crabs from Federally-permitted vessels, consistent with all other 
regionally-managed species. The Jonah Crab Plan included a goal to 
``implement uniform collection, analysis, and dissemination of 
biological and economic information; and improve understanding of the 
status of the stock and the economics of harvest.'' To that end, the 
Commission developed several options requiring 100-percent dealer 
reporting in its draft Jonah Crab Plan, along with an option that did 
not require dealer reporting. Those options specified information for 
collection, including a unique trip identification number, species, 
quantity (lb), state and port of landing, market grade and category, 
areas fished and hours fished, and price per pound. As mandatory dealer 
reporting is now universally required in all other fisheries, this 
reporting requirement was passed with little debate at the Commission.
    The Commission did not explicitly discuss a permitting program for 
dealers purchasing Jonah crabs. Permitting would be necessary to 
successfully implement a mandatory dealer reporting program. Therefore, 
we are proposing to require that a dealer obtain a Federal Jonah crab 
dealer permit if that dealer wishes to purchase Jonah crabs from a 
federally-permitted lobster permit holder. Due to the overlap of Jonah 
crab and lobster harvest, our analysis shows that the vast majority of 
dealers currently purchasing Jonah crabs already have Federal dealer 
permits due to the other species purchased, specifically lobster. 
Therefore, requesting an additional permit in the annual renewal 
application is not expected to be burdensome.
    We are proposing to require that all federally-permitted Jonah crab 
dealers submit dealer reports electronically, on a weekly basis, 
consistent with dealer reporting requirements for all other regionally-
managed commercial fisheries. The Jonah Crab Plan specified information 
to be collected in dealer reports. We are proposing to collect the 
Commission's recommended information. We intend to require the same 
information currently required in other fisheries, which includes some 
additional information. These requirements include: Dealer name; dealer 
permit number; name and permit number or name and hull number (U.S. 
Coast Guard documentation number or state registration number, 
whichever is applicable) of the vessel from which fish are purchased; 
trip identifier (vessel trip report identification number for vessels 
with mandatory vessel trip reporting requirement); date of purchase; 
units of measure and amount by species (by market category, if 
applicable); price per unit by species (by market category, if 
applicable) or total value by species (by market category, if 
applicable); port landed; disposition of the seafood product; and any 
other information deemed necessary by the Regional Administrator. 
Finally, to facilitate reporting of all market categories, we are 
proposing to add additional dealer codes, which will help more 
accurately assess Jonah crab landings.
    We support the Commission's data collection and standardization 
goal, as well as the requirement for 100 percent dealer reporting. 
While our proposed dealer permitting and reporting program is more 
expansive than what is specified in the Jonah Crab Plan, we believe it 
is consistent with the Commission's intent and will ensure consistency 
with the dealer reporting requirements for other federally-managed 
fisheries.

Recreational Measures

1. Broodstock Protection

    We are proposing to prohibit the retention of egg-bearing female 
Jonah crabs in the recreational fishery, consistent with the 
Commission's recommendation. Development of this measure occurred in 
parallel to broodstock protection measures for the commercial fishery. 
For more background, please see Broodstock Protection under the 
Commercial Measures heading above.

2. Recreational Catch Limit

    We are proposing to limit the recreational Jonah crab harvest to 50 
whole crabs per person, per day. The PDT included three measures in the 
draft Jonah Crab Plan for Commission and public consideration: 1. No 
coastwide possession limit; 2. a possession limit of 50 (whole crabs); 
or 3. a possession limit of 100 claws per person. Cautious, restrictive 
recreational catch limits were developed by the PDT because few data 
existed on the extent of the existing recreational Jonah crab fishery. 
Further, it was believed that such a small limit would help to maintain 
a recreational harvester's participation in the fishery while 
preventing expansion of effort and targeting for illegal commercial 
harvest. Following public comment and discussion, the Commission 
elected to approve a 50 whole-crab per person, per day recreational 
limit of Jonah crabs without allowing a recreational claw harvest. 
States were required to implement recreational regulations by June 1, 
2016.
    Consistent with the Commission's recommendation and to complement 
state measures already in effect, we are proposing to implement a 
recreational catch limit of 50 whole crabs per person, per day. 
Consistent with the regulations for recreational harvest of American 
lobster, non-trap gear must be used to recreationally harvest Jonah 
crab, including diving, charter/party trips, and personal angling. 
While little information exists on the recreational fishery, we believe 
this limit balances recreational access to the fishery while 
restricting future expansion.

Other Measures Considered by the Commission

1. Landing Disposition Requirements (i.e., Claw Fishery)

    We do not intend to impose landing disposition requirements at this 
time. Landing disposition requirements, like

[[Page 10760]]

the incidental landing limit, evolved during the development of the 
Jonah Crab Plan and its addenda. In a first attempt to capture regional 
harvesting differences in the Jonah Crab Plan, the Commission approved 
a whole crab fishery with an exemption for individuals who could prove 
a history of claw landings before the June 2, 2015, control date in the 
states of New Jersey, Delaware, Maryland, and Virginia. During the 
development of the Jonah Crab Plan, we advocated for a whole-crab 
fishery due to biological, enforcement, and National Standard 4 
concerns. National Standard 4 requires that conservation and management 
measures shall not discriminate between residents of different states. 
Following approval of the Jonah Crab Plan, we raised several concerns 
with this measure, indicating in a February 29, 2016, letter, that ``it 
may prove challenging for us to implement the claw-only exemption, as 
constructed in the August 2015 Jonah Crab Plan because of National 
Standard 4,'' because the plan included little rationale for 
implementing this measure differently based on state affiliation.
    The Commission reconsidered its claw fishery requirements as part 
of Addendum II. This effort included a thorough investigation of state 
and Federal landings data in an attempt to determine the extent of 
Jonah crab claw landings. The Jonah Crab PDT developed a range of 
potential management measures, including: 1. Status quo (a whole crab 
fishery with an exemption for southern states); 2. a whole crab fishery 
coastwide; and 3. a coastwide regulated claw fishery. Incidental 
volumetric measure claw limits such as a maximum of one 5-gallon (18.93 
L) bucket were also discussed. During the development of Addendum II, 
we advocated for a whole-crab fishery due to biological and enforcement 
concerns, but supported options that would allow a small amount of 
claw-only landings. The Commission ultimately approved a measure that 
established a coastwide standard for claw harvest, allowing for an 
unlimited amount of claws to be harvested subject to a minimum claw 
length requirement.
    In response, states have implemented a wide range of measures. Some 
allow harvest of an unlimited claws that meet the minimum size, others 
allow harvest of a maximum of one 5-gallon (18.93 L) bucket of claws, 
while others allow only whole crabs to be landed. The Commission 
recommended that we implement complementary claw fishery measures, but 
the variety of state regulations complicated our ability to complement 
regulations. Specifically, we found it challenging to issue a single 
Federal regulation that is consistent with state landing disposition 
requirements, when the state regulations themselves are inconsistent. 
Therefore, we are not proposing regulations for the claw fishery at 
this time. As such, states will regulate crab landing disposition 
shore-side. We will monitor the effectiveness of these state 
regulations to determine whether future Federal regulation will be 
necessary. Deferring action on the claw fishery is expected to minimize 
disconnects between state and Federal regulations.

2. Mandatory Commercial Harvester Reporting

    The Commission recommended a 100-percent mandatory harvester 
reporting program as part of the Jonah Crab Plan but allowed 
jurisdictions requiring less than 100 percent of lobster harvester 
reporting to maintain their current programs and extend them to Jonah 
crab. The Jonah Crab Plan established specific information to be 
reported, including: A unique trip identification (link to dealer 
report); vessel number; trip start date; location (NMFS stat area); 
traps hauled; traps set; quantity (lb); trip length; soak time in hours 
and minutes; and target species. We intend to restrict Jonah crab 
harvest to only Federal lobster permit holders, and at present, there 
is no mandatory harvester reporting requirement for Federal lobster 
permit holders. Therefore, we do not intend to modify Federal lobster 
permit holder's reporting requirements though this action. This action 
proposes to add an additional species code to better capture the 
landings of Jonah crab claws in states that permit such activity.
    In recent months, the Commission has given additional consideration 
to the reporting requirements in both the lobster and Jonah crab 
fisheries. In February 2018, the Commission approved Addendum XXVI to 
the Interstate Fishery Management Plan for American Lobster, which also 
serves as Addendum III to the Jonah Crab Plan. The intent of this 
addendum is to expand lobster harvester reporting requirements, enhance 
the spatial and effort data collections, and improve the amount and 
type of biological data collected in the offshore trap fishery. Given 
the offshore expansion of lobster trap effort in recent years, the 
Commission developed this addendum to address data gaps due to 
inconsistent reporting and data collection requirements across state 
and Federal agencies. As a result, the recommended Jonah crab reporting 
would be subsumed by the lobster reporting requirements that the 
Commission already made as part of Addendum XXVI to the Lobster Plan/
Addendum III to the Jonah Crab Plan. We are currently developing a 
proposed rule in a separate action to consider adopting these expanded 
lobster and Jonah crab harvester reporting recommendations.

Research Activities

    Since the Commission's approval of the Jonah Crab Plan, several 
organizations have established Jonah crab research programs focused on 
the research needs identified in the plan. Researchers from the 
Massachusetts Division of Marine Fisheries (MA DMF), the Commercial 
Fisheries Research Foundation (CFRF), and the University of Maryland 
have requested exempted fishing permits (EFPs), including exemptions 
from Jonah crab regulations, to conduct research on migration, growth 
rates, and maturity in Federal waters. Because no Federal regulations 
existed for Jonah crab, we advised researchers that they were free to 
conduct their research activities in Federal waters, but that 
exemptions from lobster regulations would be required.
    We have issued EFPs to MA DMF and CFRF, and are considering an EFP 
for the University of Maryland. These projects have centered around the 
collection of crabs and lobster using ventless traps and, to date, have 
received exemptions from the lobster trap regulations, including 
exemptions from escape vent, trap tagging, and number of allowable 
traps requirements. Several of these studies are also collecting 
information on lobsters, and therefore also have exemptions from 
lobster possession provisions in regulations, including provisions on 
minimum and maximum size, egg-bearing females, etc.
    This action proposes to expand the exemptions granted to these 
three research projects to include exemptions from the proposed Jonah 
crab regulations, as outlined in Table 2. Exemptions would not be 
issued until a final rule for Jonah Crab Plan measures is published. 
These proposed exemptions do not expand the scope or scale of any 
existing research projects; they are intended to allow these research 
activities to continue without interruption.

[[Page 10761]]



    Table 2--Expanded Exemption Proposal to Existing Research Permits
------------------------------------------------------------------------
                                                          Jonah crab
          Organization               Project title        exemptions
------------------------------------------------------------------------
Commercial Fisheries Research     Southern New        Minimum size.
 Foundation.                       England
                                   Cooperative
                                   Ventless Trap
                                   Survey.
Massachusetts Division of Marine  Random Stratified   Minimum size
 Fisheries.                        Coastwide          Prohibition on the
                                   Ventless Lobster    possession of egg-
                                   Trap Survey.        bearing female
                                                       Jonah crabs.
University of Maryland..........  Sexual maturity     Minimum size.
                                   investigation of
                                   Jonah crabs.
------------------------------------------------------------------------

    If approved, the applicants may request minor modifications and 
extensions to the EFP throughout the year. We may grant EFP 
modifications and extensions without further notice if the 
modifications and extensions 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 requests. 
The EFPs would prohibit any fishing activity conducted outside the 
scope of the exempted fishing activities. Finally, we invite any other 
organizations conducting Jonah crab research to contact us to discuss 
whether their research activities will require Federal permits.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Atlantic Coastal Fisheries Cooperative 
Management Act, applicable provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable law, subject to 
further consideration after public comment.
    NMFS prepared a draft environmental impact statement for this Plan; 
a notice of availability was published on May 25, 2018 (83 FR 24305). 
This action establishes Federal management measures for the Jonah crab 
fishery. As the species was previously unregulated, slight positive 
impacts are expected on the target species. Such measures will help to 
ensure the future sustainability of the stock. This action is expected 
to have no impact to slight negative impacts on essential fish habitat 
because it authorizes trap gear to be used. Impacts are considered to 
be slight because these are the same traps that have already been 
authorized and are currently used in the lobster fishery, and trap gear 
is known to have a minimal footprint on the bottom. Other more 
administrate measures are expected to have no impact. No impact to 
slight negative impacts on protected species are expected because the 
fishery uses a gear type known to have interactions with several 
protected species, including North Atlantic right whales, humpback 
whales, fin whales, and sei whales; and Northwest Atlantic distinct 
population segment loggerhead and leatherback sea turtles. The number 
of traps will not increase through this proposed action. This action is 
expected to have a short-term slight negative impact, but a longer-term 
positive impact, on human communities. While, in general, the 
Commission recommended regulations that were consistent with industry 
norms, such regulations could limit a harvester's ability to land Jonah 
crabs in the short term to the extent that a harvester had previously 
fished outside of those norms. While our data does not suggest that 
harvesting outside of the norm took place, if it did, the restrictions 
could lead to a slight negative impact. In the longer term, the 
regulations proposed in this rule are likely to help ensure the 
sustainability of the Jonah crab population for future harvest, 
yielding slight positive long-term impacts.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule does not contain policies with federalism 
implications as defined in E.O. 13132. NMFS has consulted with the 
states in the creation of the Jonah Crab Plan, which makes 
recommendations for Federal action. The measures proposed in this rule 
are based upon the Jonah Crab Plan and its addenda, which were created 
by the Commission, and, as such, were created by, and are overseen by, 
the states. These measures are already in place at the state level. 
Additionally, these proposed measures would not preempt state law and 
would not regulate the states.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this preamble and in the SUMMARY section. A summary of 
the analysis follows. A copy of this analysis is available from the 
NMFS (see ADDRESSES).

Description of the Reasons Why Action by NMFS Is Being Considered

    Recent data indicate that Jonah crab landings have increased 
dramatically in the past 15 years. To ensure that the stock is 
sustainably harvested, the Commission initiated the Jonah Crab Plan, as 
well as Addenda I and II to the plan to implement coastwide 
regulations. The Commission recommended that the Federal government 
implement measures consistent with its plan. To the extent practicable, 
this proposed rule would implement regulations that are consistent with 
the Commission's recommendations and the regulations promulgated by our 
state partners.

The Objectives and Legal Basis for the Proposed Action

    The objective of the proposed action is to ensure sustainable 
management of the Jonah crab fishery in Federal waters, recognizing 
that Federal management occurs in concert with state management.
    The purpose of the proposed measures is to manage the Jonah crab 
fishery in Federal waters in a manner consistent with the Atlantic 
Coastal Fisheries Cooperative Management Act, the National Standards of 
the Magnuson-Stevens Fishery Conservation and Management Act, the Jonah 
Crab Plan, other applicable Federal laws, and, to the extent 
practicable, State laws and regulations.
    The Jonah Crab Plan, the Atlantic Coastal Fisheries Cooperative 
Management Act, and promulgating regulations at 50 CFR part 697 provide 
the legal basis for the proposed action.

Description and Estimate of the Number of Small Entities To Which the 
Proposed Rule Would Apply

    The proposed action would implement regulations affecting 
commercial fishing activities (North American Industry Classification 
System (NAICS) code 11411), seafood dealers (NAICS code 424460), and 
operators of party/charter businesses

[[Page 10762]]

(NAICS code 487210). Because each of these activities has their own 
size standard under the RFA, consideration of the number of regulated 
entities and the potential economic impacts of the proposed action for 
each NAICS code is discussed below.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The determination as to whether the 
entity is large or small is based on the average annual revenue for the 
three years from 2014 through 2016.
    Section 3 of the Small Business Act defines affiliation. 
Affiliation may arise among two or more persons with an identity of 
interest. Individuals or firms that have identical or substantially 
identical business or economic interests (such as family members, 
individuals or firms with common investments, or firms that are 
economically dependent through contractual or other relationships) may 
be treated as one party with such interests aggregated (13 CFR 
121.103(f)).
    Affiliated entities based on reported vessel ownership information 
on the 2016 permit application were used to ascertain the number of 
affiliated regulated entities that were associated with at least one 
limited access lobster permit. During 2016 there were 2,377 limited 
access lobster permits included in the ownership database, of which, 
640 held only a non-trap permit, 1,597 held only a trap permit, and 140 
held both a trap permit and a non-trap gear permit. Applying the 
principles of affiliation, and based on sales reported through the NMFS 
dealer database, the total number of regulated entities in 2016 was 
2,026, of which, 2,018 entities had gross receipts from all fishing 
activity less than $11 million, and 8 entities had combined gross sales 
by all affiliated permitted vessels that exceeded $11 million. Note 
that the number of regulated entities is less than the number of 
permitted vessels because some affiliated ownership groups own more 
than one permit; although the overwhelming majority of ownership groups 
(1,847) are associated with only one limited access lobster permit.


    Table 3--Summary, by Entity Size, of Average Gross Sales, Number of Regulated Entities, and Lobster Sales
----------------------------------------------------------------------------------------------------------------
                                                                                                Mean lobster and
                                                             Number of       Mean gross sales   Jonah Crab sales
                                                              entities          ($1,000's)         ($1,000's)
----------------------------------------------------------------------------------------------------------------
Large Entities.........................................                  8             21,562  .................
Non-Participating Large Entities.......................                  4             21,729  .................
Participating Large Entities...........................                  4             21,395              6,984
Small Entities.........................................              2,018                387  .................
Non-Participating Small Entities.......................                609                564  .................
Participating Small Entities...........................              1,409                311                220
----------------------------------------------------------------------------------------------------------------

    Dealer data are the primary source of data used to estimate gross 
receipts for purposes of size class determination. Although dealer data 
is the best available source of revenues earned from commercial 
fishing, it is prone to missing gear information, which is needed to 
estimate the number of affected trap gear entities. For this reason, 
vessel trip reports (VTRs) are used to estimate the number of affected 
participating lobster trap gear entities. As previously noted, a 
significant number of vessel owners possess only a limited access 
lobster permit and are not subject to mandatory reporting. For this 
reason, the analysis based on vessel owners that do possess at least 
one other permit for which VTRs are mandatory is representative of the 
fleet of limited access lobster trap permit holders.
    The number of permitted limited access trap vessels that reported 
one or more lobster trap trips from 2014-2016 ranged from 400 in 2014 
to 412 in 2016 (Table 4). None of these vessels relied exclusively on 
Jonah crab. About 62 percent of these vessels exclusively reported 
landing lobster while 38 percent of vessels reported landing both 
lobster and Jonah crab. In terms of lobster trap trips, 87 percent of 
VTR records reported landing lobster with no Jonah crab. Less than 1 
percent of trips reported landing Jonah crab and no lobster, and 12 
percent to 13 percent of trips reported landing both lobster and Jonah 
crab.

                     Table 4--Summary of Lobster Trap Effort and Number of Affected Entities
----------------------------------------------------------------------------------------------------------------
                                                                       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
Trips...........................................................                      Percent
                                                                 -----------------------------------------------
Lobster Only Effort.............................................            86.7            87.7            87.1
Jonah Crab Only Effort..........................................             0.5             0.4             0.4
Lobster and Jonah Crab Effort...................................            12.8            11.9            12.5
                                                                 -----------------------------------------------
Permits.........................................................                       Count
                                                                 -----------------------------------------------
Lobster Only Effort.............................................             252             251             258
Jonah Crab Only Effort..........................................               0               0               0
Lobster and Jonah Crab Effort...................................             148             160             154
----------------------------------------------------------------------------------------------------------------


[[Page 10763]]

    As previously noted, the ownership data used to determine the 
number of affected entities is based on aggregated dealer data. Because 
the proposed action would affect limited access lobster non-trap 
permits, VTR data were used to determine the number of participating 
vessels that would be affected by the proposed action. Analysis of data 
from 2010 through 2014 presented in Addendum I to the Jonah Crab Plan 
indicated only three trips would have exceeded the proposed trip limit. 
During calendar years 2014-2016, the number of limited access lobster 
non-trap permit holders was 647 in 2014 and 660 in 2016 (Table 6). 
These vessels took a reported total of between 30,000 to 34,000 trips 
each year. It should be noted that, while the incidental limit is 
defined in number of crabs, this analysis relies on pounds landed. It 
was assumed that a crab weighs one pound (0.45 kg), and this assumption 
may be an underestimate given that the market favors larger crabs. The 
median value of this distribution ranged from a high of 1,175 pounds in 
2014 to a low of 1,046 pounds in 2015. Comparing the incidental harvest 
definition to the VTR reported weight of Jonah crab results in an 
estimated average number of affected trips of 145 trips ranging from a 
high of 180 trips in 2015 to a low of 115 trips in 2014. This is about 
0.5 percent of the total number of trips taken by limited access 
lobster non-trap trip permitted vessels (Table 5). The total number of 
regulated entities that would be affected by at least one trip where 
harvested Jonah crabs would be constrained by the Jonah crab incidental 
harvest limit ranged from 11 to 15 vessels from 2014 to 2016.

                                  Table 6--Affected Regulated Non-Trap Permits
----------------------------------------------------------------------------------------------------------------
                                                                       2014            2015            2016
----------------------------------------------------------------------------------------------------------------
Number of Reporting Permits.....................................             647             659             660
Number of Affected Permits......................................              11              15              12
Number of trips.................................................          30,865          31,192          33,891
Trips Landing Jonah Crab........................................             502             608             413
Jonah Crab Above Limit..........................................             115             180             139
----------------------------------------------------------------------------------------------------------------

    Under existing regulations for other regulated species, NMFS 
requires a Federal dealer permit for the purchase of seafood from a 
Federally-permitted commercial vessel. NMFS regulations also require 
that dealers report all purchases of fish and/or shellfish from any 
vessel, including state-waters-only vessels. This means that any dealer 
issued a Federal dealer permit would be regulated under the proposed 
action. During 2015, there were 750 Federal dealer permits issued to 
dealers in Greater Atlantic region states, ranging from a high of 221 
dealer permits in Maine to a low of 6 dealer permits in Delaware (Table 
7). According to 2015 County Business Patterns (CBP) data, there were 
803 dealer establishments in Greater Atlantic Region states that 
employed a total of 8,118 people. For Maine, New Hampshire, 
Massachusetts, and Rhode Island, the CBP number of establishments 
ranged from 52 percent to 66 percent lower than the number of Federal 
permits issued to dealers in those states. By contrast, the number of 
CBP establishments was approximately equal to the number of Federal 
permits in both Delaware and New Jersey, but the number of CBP 
establishments was substantially higher than the number of Federal 
permits in all other states in the Mid-Atlantic region.
    The number of CBP establishments by employment size class 
demonstrates that the overwhelming majority of establishments (796 of 
803) employ fewer than 100 employees. Moreover, 86 percent of seafood 
dealer establishments in Greater Atlantic Region states employ fewer 
than 19 people. This suggests that the seafood dealer sector is 
dominated by businesses that are considered small entities for purposes 
of the RFA.

                                 Table 7--Number of Regulated Seafood Dealers and Employment Size Distribution for 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               CBP number of establishments by employment size class
                    State                        Federal           CBP            CBP     --------------------------------------------------------------
                                                 permits     establishments    employment   1-4    5-9    10-19    20-49    50-99    100-249    250-499
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME...........................................          221               146        1,123     89     28       13       13        2          1          0
NH...........................................           17                 9          108      3      3        1        2        0          0          0
MA...........................................          204               129        1,808     57     26       17       20        7          2          0
RI...........................................           51                28          182     13      7        8        0        0          0          0
CT...........................................           12                20          211      9      2        5        4        0          0          0
NY...........................................          100               275        2,056    178     38       31       23        4          1          0
NJ...........................................           85                78          784     43     10       15        7        2          1          0
DE...........................................            6                 6           54      4      0        1        1        0          0          0
NC...........................................           42                59        1,187     27     10       10        8        3          0          1
--------------------------------------------------------------------------------------------------------------------------------------------------------

Descriptions of Significant Alternatives Which Minimize any Significant 
Economic Impact of Proposed Action on Small Entities

    This action imposes minimal impacts on small entities. Due to the 
expected high rate of dual permitting and the fact that the states are 
already compliant with these measures, the majority of Federal vessels 
are already abiding by these requirements, and therefore will not be 
impacted by the measures in this proposed rule. For those vessels not 
dually permitted, several measures in this proposed rule that regulate 
the harvest of Jonah crabs (minimum size, broodstock protections, etc.) 
can be expected to have a limited economic impact on permit holders, 
because existing market preferences encompass these measures. That is, 
long before the existence of any minimum size restrictions, harvesters 
threw back small crabs because dealers would not buy them. In other 
words, these smaller crabs were already protected from harvest due to 
market forces, and under the changes in this proposed rule, these 
smaller crabs would be protected for conservation purposes. Regardless, 
no crab will be thrown back based upon this regulation that would not 
have already been thrown back as unmarketable. As such, there will be 
limited economic impact on the fishing

[[Page 10764]]

industry from establishing the recommended minimum size. Furthermore, 
because the Jonah crab fishery has largely been prosecuted by lobster 
trap harvesters, the Jonah crab fishery remains restricted by effort 
control measures that already exist in the lobster regulations. Non-
trap harvest limits proposed in this rule were set in a manner to 
ensure that the vast majority of past trips would be accounted for 
under the proposed limit. Because the measures in this proposed rule 
are consistent with Commission recommendations, current state 
regulations, and existing lobster fishery requirements, alternative 
measures would likely create inconsistencies and regulatory disconnects 
with the states, and, therefore, would likely worsen potential economic 
impacts.

Reporting, Recordkeeping and Other Compliance Requirements

    This action contains several new reporting and recordkeeping 
requirements that would involve costs to vessels and dealers intending 
to land or purchase Jonah crabs. Vessels would be required to obtain a 
permit that authorizes the retention and sale of Jonah crabs and may be 
required to report catch via the Federal vessel trip report. Dealers 
wishing to purchase Jonah crabs would be required to obtain a Federal 
Jonah crab permit and report their purchases weekly, as required for 
other Federally-managed species. These proposed measures would impose 
several new compliance requirements; however, the proposed measures are 
already in place for states and are, by design, are intended to be 
consistent with past fishing practices and market requirements.

Duplication, Overlap or Conflict With Other Federal Rules

    This action does not duplicate, overlap, or conflict with any other 
Federal laws.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. 
Following are estimated averages for the public reporting burden for 
dealer permitting and dealer reporting:
    1. Initial Federal dealer permit application, OMB# 0648-0202, (15 
minutes/response); and
    2. Dealer report of landings by species, OMB# 0648-0229, (4 
minutes/response).
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; 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 on these or any other aspects of 
the collection of information to the Greater Atlantic Regional 
Fisheries Office at the ADDRESSES section above, and by email to 
OIRA_Submission@omb.eop.gov.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

    Authority:  16 U.S.C. 5101-5108; 16 U.S.C. 1801 et seq.

     Dated: March 18, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 697 is 
proposed to be amended as follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

0
1. The authority citation for part 697 continues to read as follows:

    Authority:  16 U.S.C. 5101 et seq.

0
2. In Sec.  697.2:
0
a. Delete definitions for ``berried female'' and ``carapace length;'' 
and
0
b. Add new definitions for ``berried female Jonah crab,'' ``berried 
female lobster,'' ``Jonah crab'', ``Jonah crab carapace width'', and 
``lobster carapace length'', in alphabetical order.
    The deletions and additions read as follows:


Sec.  697.2   Definitions.

* * * * *
    Berried female Jonah crab means a female Jonah crab bearing eggs 
attached to the abdomen.
    Berried female lobster means a female American lobster bearing eggs 
attached to the abdominal appendages.
* * * * *
    Jonah crab means Cancer borealis.
    Jonah crab carapace width is the straight line measurement across 
the widest part of the shell including the tips of the posterior-most, 
longest spines along the lateral margins of the carapace.
* * * * *
    Lobster 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.
* * * * *
0
3. In Sec.  697.4, revise paragraph (a) introductory text to read as 
follows:


Sec.  697.4  Vessel permits and trap tags.

    (a) Limited access American lobster permit. Any vessel of the 
United States that fishes for, possesses, or lands American lobster or 
Jonah crab 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: Charter, head, and commercial dive 
vessels that possess 6 or fewer American lobsters per person or 50 
Jonah crab per person aboard the vessel if such lobsters or crabs are 
not intended for, nor used, in trade, barter or sale; recreational 
fishing vessels; and vessels that fish exclusively in state waters for 
American lobster or Jonah crab.
* * * * *
0
4. In Sec.  697.5, revise paragraph (a) to read as follows:


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 or Jonah crabs, 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: Charter, head, 
and commercial dive vessels 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 fishing vessels; and 
vessels that fish exclusively in state waters for American lobster.
* * * * *
0
5. In Sec.  697.6, revise paragraphs (a), (n)(1) introductory text, 
(n)(1)(i), (n)(1)(ii)(B), (n)(2), and (s) to read as follows:


Sec.  697.6   Dealer permits.

    (a) Any person who receives, for a commercial purpose (other than 
solely for transport on land), American lobster or Jonah crabs from the 
owner or operator of a vessel issued a valid permit under this part, or 
any person

[[Page 10765]]

who receives, for a commercial purpose (other than solely for transport 
on land), American lobster or Jonah crabs, managed by this part, must 
have been issued, and have in his/her possession, a valid permit issued 
under this section.
* * * * *
    (n) Lobster and Jonah crab dealer recordkeeping and reporting 
requirements. (1) Detailed report. All Federally-permitted lobster 
dealers and Jonah crab dealers, and any person acting in the capacity 
of a dealer, must submit to the Regional Administrator or to the 
official designee a detailed report of all fish purchased or received 
for a commercial purpose, other than solely for transport on land, 
within the time periods specified in paragraph (q) of this section, or 
as specified in Sec.  648.7(a)(1)(f) of this chapter, whichever is most 
restrictive, by one of the available electronic reporting mechanisms 
approved by NMFS, unless otherwise directed by the Regional 
Administrator. The following information, and any other information 
required by the Regional Administrator, must be provided in each 
report:
    (i) Required information. All dealers issued a Federal lobster or 
Jonah crab dealer permit under this part must provide the following 
information, as well as any additional information as applicable under 
Sec.  648.7(a)(1)(i) of this chapter: Dealer name; dealer permit 
number; name and permit number or name and hull number (USCG 
documentation number or state registration number, whichever is 
applicable) of vessel(s) from which fish are transferred, purchased or 
received for a commercial purpose; trip identifier for each trip from 
which fish are purchased or received from a commercial fishing vessel 
permitted under part 648 of this chapter with a mandatory vessel trip 
reporting requirement; date(s) of purchases and receipts; units of 
measure and amount by species (by market category, if applicable); 
price per unit by species (by market category, if applicable) or total 
value by species (by market category, if applicable); port landed; cage 
tag numbers for surfclams and ocean quahogs, if applicable; disposition 
of the seafood product; and any other information deemed necessary by 
the Regional Administrator. If no fish are purchased or received during 
a reporting week, a report so stating must be submitted.
    (ii) * * *
    (A) * * *
    (B) When purchasing or receiving fish from a vessel landing in a 
port located outside of the Northeast Region (Maine, New Hampshire, 
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, 
Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only 
purchases or receipts of species managed by the Northeast Region under 
this part (American lobster or Jonah crab), and part 648 of this 
chapter, must be reported. Other reporting requirements may apply to 
those species not managed by the Greater Atlantic Region, which are not 
affected by the provision; and
* * * * *
    (2) System requirements. All persons required to submit reports 
under paragraph (n)(1) of this section are required to have the 
capability to transmit data via the internet. To ensure compatibility 
with the reporting system and database, dealers are required to utilize 
a personal computer, in working condition, that meets the minimum 
specifications identified by NMFS.
* * * * *
    (s) Additional dealer reporting requirements. All persons issued a 
lobster dealer permit or a Jonah crab dealer permit under this part are 
subject to the reporting requirements set forth in paragraph (n) of 
this section, as well as Sec. Sec.  648.6 and 648.7 of this chapter, 
whichever is most restrictive.
0
6. In Sec.  697.7, revise paragraphs (c)(1)(i), (iii), (iv), and 
(xxix), and add paragraph (g), to read as follows:


Sec.  697.7  Prohibitions.

* * * * *
    (c) American lobster.
    (1) * * *
    (i) Retain on board, land, or possess at or after landing, whole 
American lobsters that fail to meet the minimum lobster carapace length 
standard specified in Sec.  697.20(a). All American lobsters will be 
subject to inspection and enforcement action, up to and including the 
time when a dealer receives or possesses American lobsters for a 
commercial purpose.
    (ii) * * *
    (iii) Retain on board, land, or possess any berried female lobster 
specified in Sec.  697.20(d).
    (iv) Remove eggs from any berried female lobster, land, or possess 
any such lobster from which eggs have been removed. No person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec.  697.4 or a vessel or person holding a State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec.  697.24 may land or possess any 
lobster that has come in contact with any substance capable of removing 
lobster eggs.
* * * * *
    (xxix) Retain on board, land, or possess at or after landing, whole 
American lobsters that exceed the maximum lobster carapace length 
standard specified in Sec.  697.20(b). All American lobsters will be 
subject to inspection and enforcement action, up to and including the 
time when a dealer receives or possesses American lobsters for a 
commercial purpose.
* * * * *
    (g) Jonah crab. (1) In addition to the prohibitions specified in 
Sec.  600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec.  697.4 or a vessel or person holding a valid State of 
Maine American lobster permit or license and fishing under the 
provisions of and under the areas designated in Sec.  697.24 to do any 
of the following:
    (i) Retain on board, land, or possess at or after landing, Jonah 
crabs that fail to meet the minimum Jonah crab carapace width standard 
specified in Sec.  697.20(h)(1). All Jonah crabs will be subject to 
inspection and enforcement action, up to and including the time when a 
dealer receives or possesses Jonah crabs for a commercial purpose.
    (ii) Retain on board, land, or possess any berried female Jonah 
crabs specified in Sec.  697.20(h)(2).
    (iii) Remove eggs from any berried female Jonah crab, land, or 
possess any such Jonah crab from which eggs have been removed. No 
person owning or operating a vessel issued a Federal limited access 
American lobster permit under Sec.  697.4 or a vessel or person holding 
a State of Maine American lobster permit or license and fishing under 
the provisions of and under the areas designated in Sec.  697.24 may 
land or possess any Jonah crab that has come in contact with any 
substance capable of removing crab eggs.
    (iv) Sell, transfer, or barter or attempt to sell, transfer, or 
barter to a dealer any Jonah crabs, unless the dealer has a valid 
Federal Dealer's Permit issued under Sec.  697.6.
    (v) Fish for, take, catch, or harvest Jonah crabs on a fishing trip 
in or from the EEZ by a method other than traps, in excess of up to 
1,000 crabs per trip, unless otherwise restricted by Sec.  
697.7(g)(2)(i)(C) of this chapter.
    (vi) Possess, retain on board, or land Jonah crabs by a vessel with 
any non-trap gear on board capable of catching Jonah crabs, in excess 
of up to 1,000 crabs per trip, unless otherwise

[[Page 10766]]

restricted by Sec.  697.7(g)(2)(i)(C) of this chapter.
    (vii) Transfer or attempt to transfer Jonah crabs from one vessel 
to another vessel.
    (2) In addition to the prohibitions specified in Sec.  600.725 of 
this chapter and the prohibitions specified in paragraph (g)(1) of this 
section, it is unlawful for any person to do any of the following:
    (i) Retain on board, land, or possess Jonah crabs unless:
    (A) The Jonah crabs 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; or
    (B) The Jonah crabs were harvested in state waters by a vessel 
without a valid Federal limited access American lobster permit; or
    (C) The Jonah crabs were harvested by a charter boat, head boat, or 
commercial dive vessel that possesses 50 or fewer Jonah crabs per 
person on board the vessel (including captain and crew) and the Jonah 
crabs are not intended to be, or are not, traded, bartered, or sold; or
    (D) The Jonah crabs were harvested for recreational purposes by a 
recreational fishing vessel; or
    (E) The Jonah crabs were harvested by a vessel or person holding a 
valid State of Maine American lobster permit or license and is fishing 
under the provisions of and in the areas designated in Sec.  697.24.
    (ii) Sell, barter, or trade, or otherwise transfer, or attempt to 
sell, barter, or trade, or otherwise transfer, for a commercial 
purpose, any Jonah crabs from a vessel, unless the vessel has been 
issued a valid Federal limited access American lobster permit under 
Sec.  697.4, or the Jonah crabs were harvested by a vessel without a 
valid Federal limited access American lobster permit that fishes for 
Jonah crabs exclusively in state waters or unless the vessel or person 
holds a valid State of Maine American lobster permit or license and 
that is fishing under the provisions of and in the areas designated in 
Sec.  697.24.
    (iii) To be, or act as, an operator of a vessel fishing for or 
possessing Jonah crabs in or from the EEZ, or issued a Federal limited 
access American lobster permit under Sec.  697.4, without having been 
issued and possessing a valid operator's permit under Sec.  697.5.
    (iv) 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, Jonah crabs 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.
    (v) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, as, or in the 
capacity of, a dealer, Jonah crabs caught by a vessel other than one 
issued a valid Federal limited access American lobster permit under 
Sec.  697.4, or one holding or owned or operated by one holding a valid 
State of Maine American lobster permit or license and fishing under the 
provisions of and in the areas designated in Sec.  697.24, unless the 
Jonah crabs were harvested by a vessel without a Federal limited access 
American lobster permit and that fishes for Jonah crabs exclusively in 
state waters.
    (vi) Make any false statement, oral or written, to an authorized 
officer, concerning the taking, catching, harvesting, landing, 
purchase, sale, or transfer of any Jonah crabs.
    (vii) 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.
    (viii) Retain on board, land, or possess any Jonah crabs harvested 
in or from the EEZ in violation of Sec.  697.20.
    (ix) Ship, transport, offer for sale, sell, or purchase, in 
interstate or foreign commerce, any whole live Jonah crabs in violation 
of Sec.  697.20.
    (x) Violate any terms of a letter authorizing exempted fishing 
pursuant to Sec.  697.22 or to fail to keep such letter aboard the 
vessel during the time period of the exempted fishing.
    (xi) Possess, deploy, fish with, haul, harvest Jonah crabs from, or 
carry aboard a vessel any lobster trap gear on a fishing trip in the 
EEZ on a vessel that fishes for, takes, catches, or harvests Jonah 
crabs by a method other than lobster traps.
    (xii) Fish for, take, catch, or harvest Jonah crabs on a fishing 
trip in the EEZ by a method other than traps, in excess of up to 1,000 
crabs per trip, unless otherwise restricted by Sec.  697.7(g)(2)(i)(C) 
of this chapter.
    (xiii) Possess, retain on board, or land Jonah crabs by a vessel 
with any non-trap gear on board capable of catching lobsters, in excess 
of up to 1,000 crabs per trip, unless otherwise restricted by Sec.  
697.7(g)(2)(i)(C) of this chapter.
    (xiv) Transfer or attempt to transfer Jonah crabs from one vessel 
to another vessel.
    (xv) Fail to comply with dealer record keeping and reporting 
requirements as specified in Sec.  697.6.
    (3) Presumptions. (i) Any person possessing, or landing Jonah crabs 
at or prior to the time when those Jonah crabs are landed, or are 
received or possessed by a dealer for the first time, is subject to all 
of the prohibitions specified in paragraph (g) of this section, unless 
the Jonah crabs were harvested by a vessel without a Federal limited 
access American lobster permit and that fishes for Jonah crabs 
exclusively in state waters; or are from a charter, head, or commercial 
dive vessel that possesses or possessed 50 or fewer Jonah crabs per 
person aboard the vessel and the Jonah crabs are not intended for sale, 
trade, or barter; or are from a recreational fishing vessel.
    (ii) Jonah crabs that are possessed, or landed at or prior to the 
time when the Jonah crabs are received by a dealer, or Jonah crabs that 
are possessed by a dealer, are presumed to have been harvested from the 
EEZ or by a vessel with a Federal limited access American lobster 
permit. A preponderance of all submitted evidence that such Jonah crabs 
were harvested by a vessel without a Federal limited access American 
lobster permit and fishing exclusively for Jonah crabs in state or 
foreign waters will be sufficient to rebut this presumption.
    (iii) The possession of egg-bearing female Jonah crabs in violation 
of the requirements set forth in Sec.  697.20(h)(1) or Jonah crabs that 
are smaller than the minimum sizes set forth in Sec.  697.20(h)(2), 
will be prima facie evidence that such Jonah crabs were taken or 
imported in violation of these regulations. A preponderance of all 
submitted evidence that such Jonah crabs 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.
0
7. In Sec.  697.17, revise paragraphs (a), (b), and (c), and add 
paragraphs (d), (e), and (f) to read as follows:


Sec.  697.17   Non-Trap Harvest Restrictions.

    (a) Non-trap lobster landing limits. In addition to the 
prohibitions set forth in Sec.  600.725 of this chapter, it is unlawful 
for a vessel with any non-trap gear on board capable of catching 
lobsters, or, that fishes for, takes, catches, or harvests lobster on a 
fishing trip in or from the EEZ by a method other than traps, to 
possess, retain on board, or land, in excess of 100 lobsters (or parts 
thereof), for each lobster day-at-sea or part of a lobster day-at-sea, 
up to a maximum of 500 lobsters (or parts thereof) for any one trip, 
unless otherwise restricted by Sec.  648.80(a)(3)(i), (a)(4)(i)(A), 
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec.  697.7(c)(2)(i)(C) of this chapter.

[[Page 10767]]

    (b) Trap prohibition for non-trap lobster harvesters. All persons 
that fish for, take, catch, or harvest lobsters on a fishing trip in or 
from the EEZ are prohibited from transferring or attempting to transfer 
American lobster from one vessel to another vessel.
    (c) Trap prohibition for non-trap lobster vessels. Any vessel on a 
fishing trip in the EEZ that fishes for, takes, catches, or harvests 
lobster by a method other than traps may not possess on board, deploy, 
fish with, or haul back traps.
    (d) Non-trap Jonah crab landing limits. In addition to the 
prohibitions set forth in Sec.  600.725 of this chapter, it is unlawful 
for a vessel with any non-trap gear on board that fishes for, takes, 
catches, or harvests Jonah crabs on a fishing trip in or from the EEZ 
by a method other than traps, to possess, retain on board, or land, in 
excess of up to 1,000 Jonah crabs (or parts thereof), for each trip, 
unless otherwise restricted by Sec.  697.7 of this chapter.
    (e) Restrictions on fishing for, possessing, or landing fish other 
than Jonah crabs. Vessels are prohibited from possessing or landing 
Jonah crabs in excess of 50 percent, by weight, of all other species on 
board.
    (f) Trap prohibition for non-trap Jonah crab harvesters. All 
persons that fish for, take, catch, or harvest Jonah crabs on a fishing 
trip in or from the EEZ are prohibited from transferring or attempting 
to transfer Jonah crabs from one vessel to another vessel.
* * * * *
0
8. In Sec.  697.20, revise paragraph (a), (b) and (d), and add 
paragraph (h) to read as follows:


Sec.  697.20  Size, harvesting and landing requirements.

    (a) Minimum lobster carapace length. (1) The minimum lobster 
carapace length for all American lobsters harvested in or from the EEZ 
Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 
3\1/4\ inches (8.26 cm).
    (2) The minimum lobster carapace length for all American lobsters 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in the 
Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 
3\1/4\ inches (8.26 cm).
    (3) The minimum lobster carapace length for all American lobsters 
harvested in or from the EEZ Nearshore Management Area 2, 4, 5 and the 
Outer Cape Lobster Management Area is 3\3/8\ inches (8.57 cm).
    (4) The minimum lobster carapace length for all American lobsters 
landed, harvested or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in EEZ 
Nearshore Management Area 2, 4, 5 and the Outer Cape Lobster Management 
Area is 3 3\3/8\ inches (8.57 cm).
    (5) Through April 30, 2015, the minimum lobster carapace length for 
all American lobsters harvested in or from the Offshore Management Area 
3 is 3\1/2\ inches (8.89 cm).
    (6) Through April 30, 2015, the minimum lobster carapace length for 
all American lobsters landed, harvested or possessed by vessels issued 
a Federal limited access American lobster permit fishing in or electing 
to fish in EEZ Offshore Management Area 3 is 3\1/2\ inches (8.89 cm).
    (7) Effective May 1, 2015, the minimum lobster carapace length for 
all American lobsters harvested in or from the Offshore Management Area 
3 is 3\17/32\ inches (8.97 cm).
    (8) Effective May 1, 2015, the minimum lobster carapace length for 
all American lobsters landed, harvested, or possessed by vessels issued 
a Federal limited access American lobster permit fishing in or electing 
to fish in EEZ Offshore Management Area 3 is 3\17/32\ inches (8.97 cm).
    (9) 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 
(a) of this section.
    (b) Maximum lobster carapace length. (1) The maximum lobster 
carapace length for all American lobster harvested in or from the EEZ 
Nearshore Management Area 1 is 5 inches (12.7 cm).
    (2) The maximum lobster carapace length for all American lobster 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in the 
EEZ Nearshore Management Area 1 is 5 inches (12.7 cm).
    (3) The maximum lobster carapace length for all American lobster 
harvested in or from the EEZ Nearshore Management Areas 2, 4, 5, and 6 
is 5\1/4\ inches (13.34 cm).
    (4) The maximum lobster carapace length for all American lobster 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in one or 
more of EEZ Nearshore Management Areas 2, 4, 5, and 6 is 5\1/4\ inches 
(13.34 cm).
    (5) The maximum lobster carapace length for all American lobster 
harvested in or from EEZ Offshore Management Area 3 or the Outer Cape 
Lobster Management Area is 6\3/4\ inches (17.15 cm).
    (6) The maximum lobster carapace length for all American lobster 
landed, harvested, or possessed by vessels issued a Federal limited 
access American lobster permit fishing in or electing to fish in EEZ 
Offshore Management Area 3 or the Outer Cape Lobster Management Area is 
6\3/4\ inches (17.15 cm).
    (c) * * *
    (d) Berried female lobsters.
    (1) Any berried female lobster harvested in or from the EEZ must be 
returned to the sea immediately. If any berried female lobster is 
harvested in or from the EEZ Nearshore Management Areas 1, 2, 4, or 5, 
or in or from the EEZ Offshore Management Area 3, north of 42[deg]30' 
North latitude, it must be v-notched before being returned to sea 
immediately.
    (2) Any berried female lobster harvested or possessed by a vessel 
issued a Federal limited access lobster permit must be returned to the 
sea immediately. If any berried female lobster is harvested in or from 
the EEZ Nearshore Management Areas 1, 2, 4, or 5, or in or from the EEZ 
Offshore Management Area 3, north of 42[deg]30' North latitude, it must 
be v-notched before being returned to 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 lobster.
    (4) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any berried female 
lobster as specified in paragraph (d) of this section.
* * * * *
    (h) Jonah crabs. (1) Minimum Jonah crab carapace width. The minimum 
Jonah crab carapace width for all Jonah crabs harvested in or from the 
EEZ 4\3/4\ inches (12.065 inches).
    (2) Berried female Jonah crabs. (A) Any berried female Jonah crab 
harvested in or from the EEZ must be returned to the sea immediately.
    (B) No vessel, or owner, operator or person aboard a vessel issued 
a Federal limited access American lobster permit may possess any 
berried female Jonah crab.
    (C) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any berried female 
Jonah

[[Page 10768]]

crab as specified in paragraph (d) of this section.
    (3) Removal of eggs. (A) No person may remove, including, but not 
limited to, the forcible removal and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female Jonah crab.
    (B) No owner, operator or person aboard a vessel issued a Federal 
limited access American lobster permit may remove, including but not 
limited to, the forcible removal, and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female Jonah crab.
    (C) No person may possess, ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any whole live Jonah 
crab that bears evidence of the removal of extruded eggs from its 
abdominal appendages as specified in paragraph (e) of this section.
* * * * *
[FR Doc. 2019-05423 Filed 3-21-19; 8:45 am]
 BILLING CODE 3510-22-P