Fisheries of the Northeastern United States; Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery, 67667-67681 [2023-21466]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67667-67681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21466]



[[Page 67667]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 230929-0224]
RIN 0648-BF01


Fisheries of the Northeastern United States; Atlantic Coastal 
Fisheries Cooperative Management Act Provisions; American Lobster 
Fishery

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

ACTION: Interim final rule; request for comments.

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SUMMARY: Based on the Atlantic States Marine Fisheries Commission's 
recommendations, we are implementing aggregate ownership caps in 
Lobster Conservation Management Areas 2 and 3, a maximum trap cap 
reduction in Area 3, and mandatory coastwide electronic harvester 
reporting for all federally permitted lobster vessels. The ownership 
caps and trap cap reduction measures are intended to reduce fishing 
exploitation and latent effort in the trap fishery by scaling the 
fishery to the size of the Southern New England lobster stock. The 
harvester reporting requirement is intended to improve the spatial 
resolution of harvester data, and improve and expand the collection of 
fishery effort data. This action is necessary to better manage the 
lobster fishery toward sustainability and to ensure fishery regulations 
for the lobster fishery in Federal waters remain compatible with the 
intent of the Commission's Interstate Fishery Management Plan for 
American Lobster and consistent with the Atlantic Coastal Fisheries 
Cooperative Management Act.

DATES: 
    Effective dates: This rule is effective November 1, 2023; except 
for amendatory instructions 3(f) and 4 (Sec.  697.4(q) and (Sec.  
697.6(n)(1)(ii)(B)), which are effective April 1, 2024; and amendatory 
instruction 6 (Sec.  697.19(c) and (m)), which is effective May 1, 
2025.
    Comments due date: Written comments on this interim final rule must 
be received on or before December 1, 2023.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2022-0032, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0032'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    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 personally identifiable 
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).
    A copy of the environmental assessment, including the Regulatory 
Impact Review (RIR) and the Regulatory Flexibility Act (RFA) analyses 
is available online at: https://www.fisheries.noaa.gov/action/proposed-measures-federal-american-lobster-fishery. You may also request copies 
of the environmental assessment, including the Regulatory Impact Review 
(RIR) and the Regulatory Flexibility Act (RFA) analyses prepared for 
this action at: National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276 or by calling (978) 281-9315.
    Copies of the Atlantic States Marine Fisheries Commission's Addenda 
to the Interstate Fishery Management Plan for American Lobster are 
available at: https://asmfc.org/species/american-lobster under the 
heading Management Plans & FMP reviews.

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

SUPPLEMENTARY INFORMATION: 

Background

Statutory Authority

    These regulations modify Federal lobster fishery management 
measures in the Exclusive Economic Zone (EEZ) under the authority of 
section 803(b) of the Atlantic Coastal Fisheries Cooperative Management 
Act (16 U.S.C. 5101 et seq.). This authority states that, in the 
absence of an approved and implemented Fishery Management Plan under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) and, after consultation with the appropriate fishery 
management council(s), the Secretary of Commerce may implement 
regulations to govern fishing in the EEZ, from 3 to 200 nautical miles 
offshore. The regulations must be: (1) Compatible with the effective 
implementation of an Interstate Fishery Management Plan developed by 
the Atlantic States Marine Fisheries Commission (hereafter Commission); 
and (2) consistent with the National Standards set forth in section 301 
of the Magnuson-Stevens Act.

Purpose and Need for Management

    The purpose of this action is to manage the American lobster 
fishery to maximize resource sustainability, recognizing that Federal 
management occurs in concert with state management, and thus, that 
compatibility between state and Federal measures is crucial to the 
overall success of American lobster management. To achieve this 
purpose, we are responding to state management measures to address poor 
stock conditions and persistent recruitment failure of the Southern New 
England (SNE) American lobster stock. We are also responding to efforts 
to improve the spatial resolution of harvester data, and improve and 
expand the collection of fishery effort data. A full description of the 
Commission's recommendations and justification for measures, as well as 
NMFS' rationale for measures ultimately proposed is included in the 
proposed rule (87 FR 41084, July 11, 2022) and is not repeated here.

Approved Measures

Area 2 Measures

    In Area 2, we are implementing an ownership cap that would restrict 
an entity to 800 Area 2 traps, effective on May 1, 2025, as proposed, 
regardless of the status of those traps (actively fished, inactive, and 
associated with a permit in confirmation of permit history, etc.). We 
are accepting additional comment on this measure, as discussed below. 
This action does not place a limit on the number of permits that can be 
owned. This measure complements the Commission's Area 2 recommendations 
in Addendum XXI (see ADDRESSES), but does not include all of the 
specific Area 2 measures as originally envisioned. The Commission 
intended Addendum XXI measures be implemented in conjunction with the 
2016-2021 Area 2 trap reductions, including trap `banking.' Trap 
banking was intended to be a tool for industry to obtain additional 
allocation in excess of the maximum trap cap, and in advance of the 
annual trap reductions to avoid engaging in annual trap transfers to 
mitigate the trap cuts. Given that the

[[Page 67668]]

annual 2016-2021 trap reductions are complete, the trap `banking' 
provisions of Addendum XXI are no longer a necessary element of the 
Area 2 management plan. This ownership cap of 800 Area 2 traps, 
effective on May 1, 2025, incorporates elements of Addendum XXI within 
the current context of the fishery.

                  Table 1--Area 2 Ownership Cap Summary
------------------------------------------------------------------------
                                                              Ownership
                        Fishing year                             cap
------------------------------------------------------------------------
2023 (current limits)......................................          n/a
2025.......................................................          800
------------------------------------------------------------------------

    As discussed in greater detail in the proposed rule (87 FR 41084, 
July 11, 2022), the Commission's goals were to address latent effort 
and scale the fishery to the size of the lobster stock to allow for 
potential stock rebuilding, and to preserve the owner/operator nature 
of the fishery. Our analysis of 2019 permit and trap data indicated 
that the vast majority (85 percent) of Area 2 entities own a single 
permit, and thus have a trap allocation of 800 traps or fewer. Thus, as 
the vast majority of the fishery already complies with this 
requirement, few negative economic impacts are expected to result from 
this approved measure, though these entities would be prevented from 
building up their businesses beyond 800 traps in the future.
    Addendum XXI originally included a provision that would allow an 
entity owning two or more permits (i.e., 1,600 (or more) traps) as of 
2003 to retain their traps, but they would not be allowed to expand 
further by owning or sharing ownership of any additional traps. 
Consistent with this recommendation, entities who exceeded the 800-trap 
limit as of May 1, 2022, may retain their trap allocations, but cannot 
accrue ownership of additional traps.
    Based on 2019 permit data, approximately 15 percent of Area 2 
entities (5 entities) exceeded the approved ownership cap of 800 traps, 
due to owning outright, or having an ownership interest in, multiple 
Federal Area 2 permits. These five entities are a small portion of the 
fishery and demonstrate that substantial consolidation in the Area 2 
fishery has not taken place. As this measure allows entities who 
exceeded the 800-trap limit as of May 1, 2022, to retain their trap 
allocations, few negative economic impacts are expected to result from 
this action, though these entities would be prevented from acquiring 
additional traps beyond their current allocations in the future. This 
allowance is entity-specific, and does not transfer with permits if 
they are sold to a new entity that did not have a trap higher limit on 
May 1, 2022.
    This action does not place limits on the number of permits that an 
Area 2 entity may own. Entities would be free to own or purchase 
additional permits, provided that the total trap allocation across 
those permits does not exceed 800 traps (or the entity-specific 
allocation for those entities who exceeded the 800-trap limit as of May 
1, 2022). Entities with multiple Federal Area 2 permits would be free 
to determine how to divide their trap allocation across multiple 
permits and would be free to adjust permit-specific trap allocations 
using the annual trap transfer program.
    During the proposed rule (87 FR 41084, July 11, 2022) comment 
period, we received several comments that our management partners and 
industry need additional time to understand these measures, consider 
them in the current context of the fishery, and provide adequate 
comment. While we are approving these measures in this action, we are 
delaying implementation until May 1, 2025, while we accept additional 
public comments on these measures. Upon consideration of additional 
comments we receive, we will evaluate the Area 2 and 3 measures in this 
interim final rule, and, if necessary and appropriate, publish a 
subsequent rule to address any changes.

Area 3 Measures

    This action implements two separate but related measures in Area 3. 
First, this action reduces the maximum number of traps that could be 
allocated to a permit in Area 3 (i.e., maximum trap cap) from 1,945 
traps to 1,548 traps, over the course of three years, as outlined in 
Table 1. We will begin implementing the 3-year maximum trap cap 
reductions beginning on May 1, 2025, and at the start of the following 
two fishing years. This maximum trap cap will be assessed on a per 
permit basis and may result in trap reductions if a permit's trap 
allocation exceeds this limit in a given fishing year. A permit holder 
would be free to use the annual trap transfer program to adjust their 
vessels' trap allocations during the maximum trap cap reductions.
    Based on 2019 permit data, 21 permits have trap allocations that 
exceed the first-year cap of 1,805 by a total of just over 1,000 traps. 
In the second year of the reduction to a maximum trap cap of 1,629 
traps, 37 permits have trap allocations that exceed the cap, by a total 
of just over 6,000 traps. By the final year of the reductions to a 
maximum trap cap of 1,548 traps, 43 permits would have trap allocations 
that exceed the cap, by just over 9,000 traps. Only the permits that 
are in excess of the maximum trap cap would be affected by this 
measure. We expect that some negative economic impacts may result from 
decreasing the maximum trap cap for permit holders that exceed the 
ultimate cap of 1,548 traps. We estimated that, at most, a 
corresponding loss of $600,000 (in 2019 dollars) in collective lost 
trap value and profit in the first year could be expected by these 
permit holders, as discussed in greater detail below. As discussed 
above, these vessel owners would be free to use the trap transfer 
program to either sell the right to fish with these excess traps to 
recoup some potential economic losses or, if they own multiple vessels, 
adjust their trap allocations across their fleet.
    Second, as of May 1, 2025, we will implement an aggregate ownership 
cap, at the entity level, which would continue to allow an entity to 
accumulate and own as many permits as it desired, but would cap the 
number of traps an entity could own across permits to the equivalent of 
five times the maximum trap cap. The aggregate ownership cap would be 
reduced over three years, in proportion to the maximum trap cap 
reduction, as summarized in Table 1. This action does not place a limit 
on the number of permits that can be owned; but limits the total 
aggregate number of traps that an entity may own across all permits.

 Table 2--Area 3 Maximum Trap Cap and Aggregate Ownership Cap Reductions
------------------------------------------------------------------------
                                                              Aggregate
                  Fishing year                     Maximum    ownership
                                                   trap cap      cap
------------------------------------------------------------------------
2023 (current limits)...........................      1,945          n/a
2025............................................      1,805        9,025
2026............................................      1,629        8,145
2027............................................      1,548        7,740
------------------------------------------------------------------------

    As discussed in greater detail in the proposed rule (87 FR 41084, 
July 11, 2022), the Commission's goals were to address latent effort 
and scale the fishery to the size of the lobster stock to allow for 
potential stock rebuilding, and to limit consolidation in the Area 3 
fishery. A review of 2019 Area 3 permit and trap allocations by entity 
reveals that a substantial level of consolidation has not occurred, as 
only two entities exceed the final aggregate ownership allocation of 
7,740 traps. Entities below this limit as of May 1, 2022, would be

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allowed to purchase permits or additional traps up to the aggregate 
ownership cap of 7,740 traps. For entities that exceeded the aggregate 
ownership cap as of May 1, 2022, their trap allocations will be capped 
at their aggregate level as of May 1, 2022, and will be prohibited from 
exceeding this level. Although these entities may maintain ownership of 
their total May 1, 2022, trap allocations, each individual permit is 
still subject to the maximum trap cap, including the approved 3-year 
maximum trap cap reductions. In other words, the ownership cap is 
independent of the trap reductions. Even if an entity is able to retain 
an aggregate trap allocation above an ownership cap, the individual 
permits that comprise the overall allocation are still subject to the 
trap reduction. Therefore, an entity may have a reduction in overall 
traps through the reduced maximum trap cap of their individual permits, 
even if they would not be affected by the aggregate cap or reductions.
    As this measure would allow entities who exceeded the ownership cap 
as of May 1, 2022, to retain their trap allocations, few negative 
economic impacts are expected to result solely from this ownership cap, 
though these entities would be prevented from expanding their 
businesses beyond their current allocations in the future. As discussed 
above, the implementation of the maximum trap caps may result in some 
traps being retired from these entities; however, they would be free to 
use the trap transfer program to either sell traps to recoup some 
potential economic losses or, if they own multiple vessels, adjust 
their trap allocations across their fleet.
    Given that the annual 2016-2020 trap reductions are complete, as 
with Area 2, the individual permit cap or trap `banking' provisions of 
Addendum XXII (see ADDRESSES) are no longer a necessary element of the 
Area 3 management plan. Further, because of other Area 3 measures that 
will limit the number of total traps an entity can own, a limit on the 
number of permits is no longer necessary.
    This action does not place limits on the number of permits that an 
Area 3 entity may own. Entities would be free to own or purchase 
additional permits, provided that the total trap allocation across 
those permits does not exceed the ownership cap in any given year (and 
final ownership cap of 7,740 traps), and each individual vessel's trap 
allocation does not exceed the maximum trap cap in any given year (and 
final maximum trap cap of 1,548 traps). Entities with multiple Federal 
Area 3 permits would be free to determine how to divide their total 
trap allocation across multiple permits and would be free to adjust 
permit-specific trap allocations using the annual trap transfer 
program.
    During the proposed rule comment period, we received several 
comments that our management partners and industry need additional time 
to understand these measures, consider them in the current context of 
the fishery, and provide adequate comment. While we are proceeding with 
implementation of these measures as proposed on May 1, 2025, we are 
accepting comment for an additional 60 days through this interim final 
rule. Upon consideration of additional comments, we will publish a 
subsequent rule if changes to these measures are determined to be 
necessary and appropriate. If we make no changes to these measures, we 
will ensure adequate and appropriate notification of such is provided 
to the fishing industry in advance of the May 1, 2025, effective date.

Mandatory Reporting

    We are implementing mandatory electronic harvester reporting 
requirements for all Federal lobster permit holders and adding the 
collection of several additional data elements in the electronic form, 
within 48 hours following the completion of a trip, beginning April 1, 
2024. The submission of electronic vessel trip reports (eVTR) is being 
required that align the reporting requirements for Federal lobster 
permit holders with the existing reporting requirements for all other 
fisheries permitted by Greater Atlantic Regional Fisheries Office 
(GARFO).
    This rule also implements the collection of several additional data 
elements in the electronic form and includes some changes from the 
proposed rule. In addition to the existing reporting elements of the 
Federal eVTR, Addendum XXVI (see ADDRESSES) recommended that we collect 
information on: Lobster Management Area fished; 10-minute square 
fished; number of traps hauled; trip length; and total number of buoy 
lines in the water. As states and NMFS moved to consider modifying 
databases to accommodate the collection of these elements, the 
Commission convened a Data Working Group during 2020 consisting of 
state and Federal partners, Atlantic Coastal Cooperative Statistics 
Program (ACCSP) staff, and the Commission's lobster policy staff. The 
Working Group provided guidance for how jurisdictions should collect 
these data, which resulted in a March 8, 2021, letter recommending the 
collection of additional data elements, including: Total number of 
traps hauled by chart area; total number of traps in the water in each 
chart area fished; average number of traps per string hauled in each 
chart area fished; total number of buoy lines in each chart area 
fished; and total number of buoy lines in the water.
    While we proposed all new data elements, as recommended, we 
requested comment on the redundancy of several new data elements. 
First, we requested comment on the utility of several of these new data 
elements, as we are able to derive the lobster management area, 10-
minute square fished, and trip length from fields that are already on 
the VTR. Ultimately, we are approving data elements that are new. All 
of these are: Total number of traps hauled by chart area, number of 
traps in chart area fished, average number of traps per string hauled 
in the chart area fished, number of buoy lines in the chart area 
fished, and total number of buoy lines in the water. To alleviate the 
reporting burden to industry, we are not implementing or requiring 
redundant fields (the lobster management area, 10-minute square fished, 
and trip length) in the Federal eVTR. However, to remain consistent 
with the data that states are providing to the ACCSP data warehouse 
from state-level reporting requirements, we intend to derive these data 
elements from data collected and provide derived data to the ACCSP data 
warehouse.
    While other elements of this rule are set to become effective at 
the start of the 2025 fishing year, this rule implements mandatory 
harvester reporting requirements earlier, on April 1, 2024. We 
recognize that mandating the collection of this data as soon as 
possible is essential to improve the science and management of the 
lobster fishery, to understand the co-occurrence of the fishery with 
protected species, and to support our ability to determine impacts from 
other marine activities. Further, as discussed in greater detail in the 
comments and responses below, most comment letters supported proceeding 
with mandatory harvester requirements on an accelerated timeframe from 
the Area 2 and 3 requirements. Based on the need for the data and 
general support for this approach, Federal eVTRs will become required 
for all Federal American lobster permit holders beginning on April 1, 
2024.

Benefits, Costs and Other Economic Impacts

    Overall economic impacts, as summarized in the accompanying

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environmental assessment and presented in Table 2, are difficult to 
quantify but expected to be minimal.

                                Table 3--Summary of Anticipated Economic Impacts
----------------------------------------------------------------------------------------------------------------
                                            Number of
                 Measure                     permits                Cost                       Benefits
                                            affected
----------------------------------------------------------------------------------------------------------------
Area 2 Ownership Cap....................          ~200  Minimal, as codifies         Minimal, provides sustained
                                                         existing fishery,            fishery participation,
                                                         restricts future ability     mirrors state requirements
                                                         to increase capacity.        to avoid confusion.
Area 3 Ownership Cap....................          ~130  Minimal, as codifies         Minimal, provides sustained
                                                         existing fishery,            fishery participation,
                                                         restricts future ability     mirrors state requirements
                                                         to increase capacity.        to avoid confusion.
Area 3 Maximum Trap Cap Reduction.......            43  ~$600,000 in lost trap       Minimal, potential to help
                                                         value and profit loss (in    rebuild SNE lobster stock.
                                                         first year).
Mandatory Harvester Reporting...........        ~3,000  Minimal, requires device     Improved spatial resolution
                                                         and free reporting           of fishery data would aid
                                                         application. Monetized       lobster management,
                                                         cost approximately           understanding overlap with
                                                         $156,000/year (2019$).       protected species.
----------------------------------------------------------------------------------------------------------------

    Ownership caps in Areas 2 and 3 are expected to have minimal 
impacts, as these measures capture the Area 2 and 3 fisheries as they 
are prosecuted today in perpetuity. As entities that exceed these 
ownership caps will be capped at their aggregate level as of May 1, 
2022, and will be prohibited from exceeding this level in the future, 
no entity will lose traps as a result of this measure, and thus will 
not incur an economic loss. These caps would restrict entities that are 
at or above the caps from continuing to build up their businesses. 
Positive impacts can be expected to the larger fishing community, as 
such an action supports National Standard 8 of the Magnuson-Stevens 
Fishery Conservation and Management Act, by providing sustained fishery 
participation at current levels for communities engaged in the Area 2 
and 3 fisheries. In addition, implementation of Federal regulations 
that are mirrored at the state level would avoid administrative and 
regulatory disconnects that could have occurred if the states and the 
Federal government made disparate allocative decisions on a single 
entity. Such a situation would cause confusion for harvesters and 
enforcement, resulting in an ineffective management program, and 
avoidance of this situation creates a cost savings. Additional 
discussion of the costs and benefits can be found in sections 6 and 
8.14 of the environmental assessment.
    As discussed in greater detail in Section 7.2.2.2 of the 
environmental assessment accompanying this action, Area 3 maximum trap 
cap reductions may, at most, result in approximately 10,000 traps being 
retired from 43 permit holders whose trap allocation exceeds the year 3 
maximum trap cap of 1,548 traps. We estimated that, at most, a 
corresponding loss of $600,000 (in 2019 dollars) in collective lost 
trap value (based on the 2019 value of traps on the trap transfer 
market) and profit in the first year could be expected by these permit 
holders. However, these permit holders would be free to use the trap 
transfer program to either sell traps to recoup some potential economic 
losses or, if they own multiple vessels, adjust their trap allocations 
across their fleet. In addition, implementation of Federal regulations 
that are mirrored at the state level would avoid administrative and 
regulatory disconnects that could have occurred if the states and the 
Federal government made disparate allocative decisions on a single 
entity. Such a situation would cause confusion for harvesters and 
enforcement, resulting in an ineffective management program, and 
avoidance of this situation creates a cost savings. Further, any traps 
retired from the Area 3 fishery may reduce fishing pressure and aid in 
rebuilding on the SNE stock, leading to increased future catch by Area 
3 permit holders. Additional discussion of the costs and benefits can 
be found in sections 6 and 8.14 of the environmental assessment.
    As discussed in greater detail below in Classification, mandatory 
electronic harvester reporting is expected to apply to all 2,291 
Federal American lobster permits, 2,025 entities, and 1,683 small 
entities. It is also expected to have a minimal cost with associated 
benefits. Devices used to complete and submit reports (smartphones, 
tablets, etc.) are nearly universally used and reporting applications 
for these devices are available free of charge. Improved spatial 
resolution of fishery data would result in a better understanding of 
where fishing activity occurs, which would aid lobster management and 
assist with understanding the overlap between the fishery and protected 
species. It would also bring consistency with requirements for other 
permits, thus minimizing potential confusion about applicable 
requirements. Additional discussion of the costs and benefits can be 
found in sections 6 and 8.14 of the environmental assessment. Further, 
half (approximately 1,500) of all Federal lobster permit holders (see 
section 6.1.5 of the environmental assessment) are presently required 
to report to NMFS due to holding permits in other fisheries with 
mandatory reporting requirements. The remainder of Federal lobster 
permit holders (approximately 1,400) must, at this time, report to 
their state. Therefore, this action transitions Federal permit holders 
who currently report to their state to reporting to NMFS.

Corrections

    This rule also makes several regulatory corrections. We are 
removing regulations that are no longer necessary because they were 
time-limited and outdated or have been updated by this action, 
including:
     Area 1 participation requirements at Sec.  
697.4(a)(7)(vi);
     Outer Cape Area participation requirements at Sec.  
697.4(a)(7)(vii);
     Area 2 participation requirements at Sec.  
697.4(a)(7)(viii);
     Outdated lobster size restrictions at Sec.  697.20(a)(5) 
and (6); and
     Outdated gear marking requirements at Sec.  697.21(a)(1).
    In addition, we are correcting several regulations, including:
     Updating the Greater Atlantic Regional Fisheries Office 
name and address in several locations;
     Correcting management area coordinates at Sec.  697.18 and 
Sec.  697.23; and
     Trap transferability requirements at Sec.  
697.27(a)(1)(vi), allowing traps to be transferred in any increment.

Comments and Responses

    We published a proposed rule in the Federal Register on July 11, 
2022 (87 FR 41084), soliciting public comment. The comment period ended 
on August 10,

[[Page 67671]]

2022. We received comments from 10 different groups: Atlantic States 
Marine Fisheries Commission; the Maine Department of Marine Resources; 
the Massachusetts Lobstermen's Association; the Atlantic Offshore 
Lobstermen's Association; three members of the fishing industry; two 
members of the public; and a group of environmental organizations. Only 
comments that were applicable to the proposed measures are addressed 
below.

General Comments

    Comment 1: One member of the public supported the proposed rule, 
indicating that more regulation and data collection will increase 
sustainability. The commenter also cited the continued need for 
regulations to improve the condition of the critically endangered North 
Atlantic right whale.
    Response: We agree that this action will improve management of the 
lobster fishery. The measures being implemented in Areas 2 and 3 are 
designed to respond to the poor condition of the Southern New England 
lobster stock. They are intended to reduce fishing exploitation and 
latent effort in the trap fishery by scaling the fishery to the smaller 
size of the Southern New England lobster stock. Data resulting from 
mandatory harvester reporting through eVTRs will be critical to future 
evaluation of lobster stock condition and utilization, and fishery 
effort. These fishery effort data will be an invaluable part of 
understanding the overlap between the lobster fishery and the 
occurrence of all protected species, including the North Atlantic right 
whale, as well as understanding impacts from other marine activities.

Area 2 and 3 Measures

    Comment 2: The Atlantic States Marine Fisheries Commission, the 
Atlantic Offshore Lobstermen's Association, and two individuals 
requested that we extend the comment period on the Area 2 and 3 
measures, to allow industry, industry representatives, and management 
partners additional time to understand the proposed measures. The 
Commission, Association, and one individual noted that nearly 10 years 
have passed since the Commission finalized these measures, during which 
additional consolidation and other management measures (e.g., 
implementation of the Interstate Fishery Management Plan for Jonah crab 
and measures to protect North Atlantic right whales) have resulted in 
fundamental fishery changes. The Commission and Association also noted 
several points of confusion and requested clarification. One individual 
also suggested that any proposed trap cap, trap reduction, and 
ownership cap measures that were proposed for implementation in 2023 be 
delayed until 2024, giving industry time to optimize their trap 
allocations using the trap transfer program during the 2023 application 
period.
    Response: We agree that additional time for the industry and our 
management partners to understand the Area 2 and 3 measures is 
warranted. Through this interim final rule, we will solicit additional 
public comment for 60 days to provide more time for industry and our 
management partners to comment further upon these measures. As a 
result, we are also delaying implementation of the Area 2 and 3 
ownership caps and Area 3 maximum trap cap reductions until 2025. Upon 
consideration of additional comments, we will publish a subsequent rule 
if changes to these measures are determined to be necessary and 
appropriate. We appreciate the feedback on areas of confusion in the 
proposed rule, and have provided clarifications in the preamble of this 
interim final rule.
    Comment 3: A group of conservation organizations, including the 
Conservation Law Foundation, Center for Biological Diversity, Defenders 
of Wildlife, and Whale and Dolphin Conservation, commented in support 
of the Area 2 and 3 measures as proposed, as a means to reduce vertical 
lines used by the fishery. The organizations acknowledged that we may 
receive requests to take additional comments, and requested we use the 
additional time to ensure that unfished traps are not activated, 
resulting in additional vertical lines being deployed by the fishery.
    Response: Although we believe that the rule will have ancillary 
benefits to marine mammals, the purpose of this action is to improve 
the sustainable management of lobster and complement the Commission's 
Interstate Fishery Management Plan for American Lobster to ensure 
compatibility between state and federal regulations. As such, the 
comments are beyond the scope of this rulemaking. We note, however, 
that NMFS, in other actions, has and/or is in the process of 
implementing regulatory measures to protect marine mammals (see, e.g., 
the Atlantic Large Whale Take Reduction Plan Phase 1 action, 86 FR 
51970, September 17, 2021; Proposed Vessel Speed Rule, 87 FR 46921, 
August 1, 2022; and Notice of Intent to Prepare Environmental Impact 
Statement for Phase 2 and 3 actions, 87 FR 55405, September 9, 2022). 
All of these actions, including the present action, will reduce 
mortalities and serious injuries from Northeast lobster/Jonah crab pots 
and traps to North Atlantic right whales.
    Comment 4: The Massachusetts Lobstermen's Association supported an 
ownership cap of 800 traps to promote support of an owner/operator 
fishery. The Association opposed any additional trap cuts, or 
regulating the number of permits that could be owned, as owning 
additional permits has been used to weather past trap cuts by 
effectively `banking' traps. The Association further requested that the 
10-percent conservation tax associated with the trap transfer program 
be rescinded, as the Area 2 fishery has already reduced the number of 
traps permitted in the area by approximately 50 percent.
    Response: We agree, and are approving the Area 2 ownership cap of 
800 traps per entity for most Area 2 entities. While we are allowing 
any entity that exceeded the 800-trap limit as of May 1, 2022, to 
retain their trap allocations, these entities are prohibited from 
owning any additional traps beginning on May 1, 2025. We agree that 
this measure, along with prohibiting all entities under the 800-trap 
limit to not exceed an allocation of 800 traps in the future will work 
to preserve the owner/operator nature of the Area 2 fishery.
    This action did not propose, and does not include, any restrictions 
on the number of permits that can be owned. When considering the 
Commission's recommendation and developing these measures, we reviewed 
Area 2 permit data and were aware that some entities owned multiple 
permits, often transferring the trap allocation from a secondary permit 
to mitigate the 2016-2021 traps cuts and retain a full allocation of 
800 traps. Thus, this action only regulates the number of traps that 
can be owned per entity. Entities can determine how best to split traps 
across their permits to maximize their business operations. Further, 
these Area 2 measures will not result in NMFS assessing any additional 
trap reductions on Area 2 entities. Due to the 2016-2021 trap 
reductions, the vast majority of Area 2 entities hold 800 traps or 
fewer and, thus, are at or under the limits approved in this action. 
The Commission recommended that we allow entities that exceeded the 
800-trap limit to maintain their trap allocations, but prevent these 
entities from ownership in additional traps. Thus, this action allows 
any entity that exceeded the 800-trap limit as of May 1, 2022, to 
retain their trap allocation as of May 1, 2022, but prevents these 
entities from owning additional traps. Together, these measures codify 
the Area 2 fishery, as it exists in 2022, and will not

[[Page 67672]]

make any further changes or reduce Area 2 allocations.
    Finally, a change such as the removal of the trap transfer 
conservation tax, without concurrent implementation by the states, 
would create a misalignment in our trap transfer programs and would 
result in inconsistent individual vessel trap allocations. As we have 
stated in past actions, particularly our Final Rule (79 FR 19026, April 
7, 2014) implementing our Trap Transfer Program, incongruent state and 
federal management has the potential to undermine effective lobster 
management. Thus, this action includes no changes to the trap transfer 
conservation tax.
    Comment 5: One commenter opposed the Area 3 maximum trap cap 
reductions, and instead, suggested using enhanced enforcement of V-
Notch requirements, or possibly implementation of Zero Tolerance V-
Notch to achieve management and conservation objectives. The commenter 
stated:
    1. The measures were developed following the 2009 stock assessment, 
and are no longer based on the best available science;
    2. The Area 3 fishery has already undergone a near 25-percent trap 
reduction;
    3. The proposed measures, coupled with regulations to protect the 
North Atlantic right whale requiring longer trap trawls, will create 
inefficiencies for industry, including their ability to locate lobster, 
and will increase the fishery's carbon footprint; and
    4. These measures run counter to National Standards 5 and 7.
    Response: We disagree. First, while the commenter is correct that 
these measures were developed in response to the 2009 American lobster 
stock assessment, they are still based on the full suite of best 
available scientific information. Subsequent 2015 and 2020 stock 
assessments have yielded similar results to the 2009 assessment, 
indicating that the stock remains in recruitment failure and at record 
low levels of abundance. Despite these measures being developed in 2013 
following the 2009 assessment; the Commission, including numerous 
members of the lobster fishery, recently affirmed their support of the 
measures to appropriately scale the fishery to the Southern New England 
lobster stock. Further, the data used in developing the environmental 
assessment and supporting analyses drew on more recent data on lobsters 
and other managed species, habitat, protected species, and economics of 
the fishery, including the most recent permit data available. Thus, 
this action is consistent with National Standard 2 in using the best 
scientific information available, including the information used to 
develop these measures and information used in the impacts analyses and 
environmental assessment.
    The commenter is correct that we implemented a 5-year, 5-percent 
trap reduction, assessed at the permit level, from 2016 to 2020, 
complementing measures in Addendum XVIII. The Lobster Board developed 
Addendum XXI shortly after the approval of Addendum XVIII and intended 
for concurrent implementation, such that Area 3 allocations and the 
maximum trap cap would be reduced in tandem. Ultimately, Federal 
implementation of these measures did not proceed as originally 
conceived. As discussed in greater detail in the response to Comment 6, 
our outreach materials for the annual trap transfer program notified 
industry that future regulations may impact trap allocations, and to 
proceed at their own risk. Any permit holders who chose to rebuild 
their allocations made short-term business decisions, and were advised 
of the risks. Thus, these permit holders may have experienced 
unexpected benefits, but this does not change our obligation under the 
Atlantic Coastal Fisheries Cooperative Management Act to complement the 
measures recommended by the Commission.
    We recognize that the management landscape has changed in the 10 
years since the Commission approved Addendum XXI, including several 
NMFS actions to promote the recovery of North Atlantic right whales. As 
discussed in the above comment response, we are delaying implementation 
of the Area 2 and 3 measures approved in this interim final rule and 
accepting additional comment on these measures. This will give 
industry, partner states, and the Commission additional time to 
understand and formulate comments and recommendations on these 
measures, in light of recent changes to the fishery.
    We disagree that the proposed measures do not comply with National 
Standards 5 and 7. The proposed measures were developed by the 
Commission with a goal of scaling the fishery to the smaller size of 
the Southern New England lobster stock in light of the most recent 
stock assessment information. Ownership caps and the maximum trap cap 
reductions, in conjunction with the existing trap transfer program, 
promote efficiency by allowing participants to regulate their trap 
allocation or even exit the fishery based on their situation and the 
economics within the Area-specific fishery. Thus, we are promoting 
efficiencies in the Area 3 fishery, consistent with National Standard 
5, while meeting necessary conservation objectives for the Southern New 
England lobster stock. In addition, these measures are intended to 
ensure state and Federal regulations are compatible, minimize confusion 
by industry participants, enhance compliance, and avoid duplication. 
The Commission has mandated that the states implement these measures 
and has similarly requested that NMFS do the same. Compatible measures 
and coordinated management of the ownership caps also reduces 
administrative costs to agencies and industry participants, clarify and 
standardize application procedures, and more effectively quantifies 
trap fishing effort in the future. Thus, we are minimizing costs and 
avoiding unnecessary duplication. Failure to complement these 
recommended measures and unilaterally implement alternative measures 
would be inappropriate and not consistent with our authority under 
section 803(b) of the Atlantic Coastal Fisheries Cooperative Management 
Act (16 U.S.C. 5101 et seq.).
    Comment 6: One commenter argued against the proposed Area 3 maximum 
trap cap reductions, stating that the larger problem is gear fished in 
excess of the current 1,945-trap limit. The letter indicated that 1,548 
traps would not be sufficient for permit holders to make a living and 
plan for the future.
    Response: In general, fishery regulations exist to ensure 
sustainable fish populations and protect endangered species and 
habitat, and to ensure that resources are available for future 
generations to enjoy. We agree with the commenter that illegal fishing 
and willful violation of fishery management regulations threaten the 
sustainability of fisheries and put those who comply with the rules at 
a disadvantage. NOAA's Office of Law Enforcement, as well as the 
enforcement offices of our state partners, work to ensure compliance 
with these various regulations. NMFS recently acquired a remotely 
operated vehicle (ROV) to aid in enforcement efforts for the lobster 
fishery. This ROV better enables enforcement to ensure compliance with 
trap limits and tagging requirements, as well as measures to ensure the 
conservation of protected species.

[[Page 67673]]

    The Area 3 trap measures are intended to scale the fishery in light 
of the Southern New England lobster stock population. Our analysis 
indicated that approximately 40 Area 3 permit holders would be affected 
by the proposed maximum trap cap reductions, with a potential to affect 
approximately 9,000 traps. We acknowledge that this could result in 
some negative socio-economic impacts to these permit holders. However, 
these negative impacts may be mitigated by participating in the annual 
trap transfer program. At worst, a permit holder could recoup some of 
their potential losses. At best, permit holders with multiple vessels/
permits would have the opportunity to reconfigure their trap 
allocations across their fleet.
    As summarized in other response to comments and in the preamble of 
this rule, we acknowledge that these measures were recommended by the 
Commission 10 years ago, and much about the fishery and fishery 
management landscape has changed in the intervening years. 
Nevertheless, the Commission, which includes members of industry, 
supported this rulemaking and the proposed measures, but requested more 
time to consider the Area 2 and 3 measures in the current context of 
the fishery. As a result of public comments received, we are approving 
these measures and delaying implementation for 1 year to accept 
additional public comment and give industry time to better understand 
these measures and provide more input.
    Comment 7: One commenter inquired what would happen to traps 
purchased in recent years through the annual trap transfer program. The 
commenter questioned our perceived incentivizing of business growth 
through the trap transfer program, only to later take away traps 
purchased.
    Response: As discussed in the above comment response, our analysis 
indicates that approximately 40 permit holders would lose a total of 
9,000 traps with the implementation of the maximum trap cap reductions. 
Some of these traps were likely acquired through the trap transfer 
program. Regardless of their origin, traps over the proposed 3-year 
maximum trap cap reduction schedule will be retired, unless permit 
holders engage in the trap transfer program to either sell traps or 
realign their trap allocations across multiple permits.
    Since the inception of the trap transfer program, our outreach 
materials and trap transfer application notified permit holders to 
proceed with caution when participating in the program. Since we began 
rulemaking on these addenda in the late 2010s, we have specifically 
stated in these materials that we were undertaking rulemaking that 
could affect future trap allocations, and to proceed with transfers at 
their own risk. Thus, industry has been frequently cautioned about the 
implications of their individual business decisions. We also note, as 
we stated in the response to Comment 6, that the lobster management 
under the Commission is a bottoms-up approach where regulations are 
recommended to the states and Federal Government by the Commission, 
which is an entity comprised of a multitude of stakeholders, including 
members of the fishing industry. The Commission recommended this 
measure and supported it in its recent commentary.
    Comment 8: One commenter supported only permitting subsistence 
fishing as a way to support the recovery of the Southern New England 
lobster stock.
    Response: We work in partnership with regional fishery management 
councils and commissions to manage our nation's Federal fisheries. 
Through this process, we have implemented subsistence, tribal, and non-
commercial fishing opportunities throughout the nation. More 
information on these opportunities can be found at: https://www.fisheries.noaa.gov/topic/resources-fishing/subsistence-fishing.
    Subsistence fishing is not within the purpose and need of this 
action and has not, to date, been incorporated into the Commission's 
Interstate Fishery Management Plan for American Lobster. Thus, it would 
be inappropriate for us to implement such a measure as it would be a 
radical departure from the Lobster Plan and create incompatible state 
and federal regulations. The ownership and trap cap measures approved 
in this rule were developed to scale the fishery to the Southern New 
England lobster stock, and are expected to sufficiently meet this 
conservation objective, while still providing permit holders 
flexibility and ways to mitigate these reductions. Eliminating all 
fishing for this stock, with the exception of subsistence fishing, 
would not be consistent with the goals and objectives of the Fishery 
Management Plan.

Harvester Reporting

    Comment 9: The Atlantic State Marine Fisheries Commission, Maine 
Department of Marine Resources, the Atlantic Offshore Lobstermen's 
Association, and a group of conservation organizations, including the 
Conservation Law Foundation, Center for Biological Diversity, Defenders 
of Wildlife, and Whale and Dolphin Conservation, supported the proposed 
harvester reporting measures with a January 1, 2023, implementation 
date. The Commission, Department, and Association supported the 
derivation of redundant data. While the Department and Association 
noted potential data limitations associated with the reporting of a 
single point for reported fishing location on the Federal eVTR, they 
indicated that a future `vessel tracking' program may fill this gap. 
The Department and Commission noted that a successful transition to 
reporting must include a comprehensive outreach plan to inform permit 
holders of these new requirements. The conservation organizations 
supported the collection of additional fishing location and depth 
information.
    Response: We appreciate the support for Federal eVTRs, including 
minimizing reporting redundancy. We agree that additional reporting 
requirements approved and recommended by the Commission for state and 
Federal implementation (i.e., the vessel tracking program) will allow 
for a finer-scale understanding of effort in the lobster fishery, 
including location and depth information. The Commission's vessel 
tracking recommendation will be considered in a subsequent rulemaking.
    With regard to the implementation date, we understand the urgent 
need to begin collecting these data as quickly as possible. However, we 
must balance that need against the industry's ability to comply with 
new requirements. Thus, we intend to implement this requirement on 
April 1, 2024, which will provide industry with the opportunity to 
understand the requirements and options, receive any necessary 
training, obtain any technology, acquire a free reporting application, 
and begin to report.
    Comment 9: The Massachusetts Lobstermen's Association opposed the 
proposed mandatory harvester reporting requirements using the Federal 
eVTR, noting the recent burden on industry in complying with recent 
regulations aimed at protecting the critically endangered North 
Atlantic right whale.
    Response: As discussed in section 7.2.3.2 of the environmental 
assessment, we understand the regulatory burden on the lobster industry 
to comply with a host of new regulations; however, we disagree that 
this will place a significant new burden on the industry. Data 
presented in our environmental assessment indicated that of the 
approximate 900 Federal lobster permit holders who reside in 
Massachusetts, over 500 permit holders are already required to submit 
Federal trip reports because they hold Federal permits for

[[Page 67674]]

other species. Over 200 of these 900 permits are in confirmation of 
permit history and would not be required to submit reports due to their 
permit status. The remaining approximately 150 permits would be newly 
required to submit Federal eVTRs; however, as the Commonwealth has 
required harvester reporting for its state lobster permit holders for 
many years, we view this as a transition of reporting and not a wholly 
new requirement. Further, as discussed in the environmental assessment, 
because electronic reporting applications are free and run on 
electronic devices that are ubiquitous, minimal out-of-pocket costs are 
expected to result from this requirement.
    In addition, we intend to give industry sufficient time to comply 
with this harvester reporting requirement. We intend to implement this 
requirement on April 1, 2024, which will provide industry with the 
opportunity to understand the requirements and options, receive any 
necessary training, obtain any technology, acquire a free reporting 
application, and begin to report.

Changes From the Proposed Rule

    We are implementing the mandatory harvester reporting requirements, 
Area 2 cap measures, and corrections as proposed. Based on comments 
requesting additional time to consider the Area 2 and 3 proposed 
measures, we are approving the Area 3 measures largely as proposed, but 
with a 1-year delay. Upon consideration of additional comments, we will 
publish a subsequent rule if changes to these measures are determined 
to be necessary and appropriate. If we make no changes to these 
measures, we will ensure adequate and appropriate notification of such 
is provided to the fishing industry in advance of the May 1, 2025, 
effective date.

Classification

    The NMFS Assistant Administrator has determined that this final 
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.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments, and a 
summary of the analyses completed to support the action. A copy of this 
analysis is available from NMFS (see ADDRESSES).

A Statement of the Need for, and Objectives, of the Rule

    This is provided in the preamble to this rule and the proposed rule 
(87 FR 41084, July 11, 2022) and not repeated here.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    No public comments were received pertaining directly to the 
economic effects of this rule. Comments 2, 5 and 6 (see Comments and 
Responses) raised the need for additional time to understand the 
economic impacts of this action, citing that the impacts of this action 
plus recent actions regulating the lobster fishery will change the 
economics of the fishery. No specific data or dollar value estimates 
were provided. Responses to the comments are provided above.
    The response of the agency to any comments filed by the Chief 
Counsel for Advocacy of the Small Business Administration in response 
to the proposed rule, and a detailed statement of any change made to 
the proposed rule in the final rule as a result of the comments.
    NMFS received no comments on the proposed rule for this action from 
the Chief Counsel for Advocacy of the Small Business Administration; 
therefore, no changes were made in this final rule as a result.

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

    As of June 1, 2021, NMFS had issued 2,291 Federal American lobster 
permits that are potentially regulated by this action. The Area 2-
preferred alternative would apply to 131 Federal permits, and the Area 
3-preferred alternatives would apply to 82 Federal permits. The 
reporting requirements preferred alternative would apply to all 2,291 
Federal American lobster permits, though many of these permit holders 
are already subject to electronic trip reporting based on other species 
permits they hold that require eVTRs.
    Each vessel may be individually owned or part of a larger corporate 
ownership structure and, for RFA purposes, it is the ownership entity 
that is ultimately regulated by this action. Ownership entities are 
identified on June 1st of each year based on the list of all permit 
numbers, for the most recent complete calendar year, that have applied 
for any type of Greater Atlantic Region Federal fishing permit. The 
current ownership data set is based on calendar year 2020 permits and 
contains gross sales associated with those permits for calendar years 
2018 through 2020.
    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 Small Business Administration 
(SBA) has established size standards for all other major industry 
sectors in the U.S., including for-hire fishing (NAICS code 487210). 
These entities are classified as small businesses if combined annual 
receipts are not in excess of $8.0 million for all its affiliated 
operations. Similar to permit data, the annual average of the three 
most recent years (2018-2020) is used in determining annual receipts 
for fishing and for-hire businesses.
    Ownership data collected from permit holders indicates that there 
are 2,025 distinct business entities that hold at least one Federal 
permit regulated by this action. All 2,025 business entities identified 
could be directly regulated by this action. Of these 2,025 entities, 
1,685 are commercial fishing entities, 6 are for-hire entities, and 334 
did not have revenues (i.e., were inactive in 2020). Of the 1,685 
commercial fishing entities, 1,677 are categorized as small entities 
and 8 are categorized as large entities, per the NMFS guidelines. All 
six for-hire entities are categorized as small businesses. A summary of 
these entity designations is provided in Table 4.

[[Page 67675]]



                                          Table 4--Summary of Entities
----------------------------------------------------------------------------------------------------------------
                                                             Total entities    Small entities    Large entities
----------------------------------------------------------------------------------------------------------------
Entities Regulated by Action..............................             2,025             1,683                 8
Commercial fishing Entities...............................             1,685             1,677                 8
For-Hire Entities.........................................                 6                 6                 0
Unidentified (no revenue).................................               334               n/a               n/a
----------------------------------------------------------------------------------------------------------------

    The Area 2 cap of 800 traps is at, or higher than, most entities' 
trap allocations, and all entities with trap allocations in excess of 
the preferred cap will be able to retain their current allocation as of 
May 1, 2022. Thus, no costs are expected. The Area 3 ownership caps are 
similarly set higher than most entities' allocations, and all entities 
in excess of the preferred cap will be able to retain their current 
allocation. The maximum trap cap reduction may result in the loss of 
some traps, reducing fishing revenues and profits for fishing 
businesses. The loss in fishing profit from retired traps is estimated 
to be between $307,000 and $419,000, assuming a profit margin of 5 
percent. For harvester reporting, the GARFO-supported application for 
eVTRs is free of charge, and most individuals in the fishery own a 
device which can be used to submit eVTRs. Wage hours are summarized 
below. We requested comments in the proposed rule on economic impacts 
of the reporting requirements approved in this rule, including 
assumptions that impacts are discountable due to the prevalence of 
smartphones and tablets in society and the fact that reporting 
applications are free, and that entities are able to cover fixed costs 
on diminished revenues. No comments were received on the proposed 
approach.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action contains new reporting and recordkeeping requirements 
for Federal American lobster permit holders that would involve costs to 
vessels to catch lobsters. Vessels would be required to complete a 
Federal vessel trip report at sea and submit the report electronically 
to GARFO within 48 hours of returning to port. Costs in terms of burden 
is estimated to be 7 minutes per report, or 10,065 burden hours total. 
With a mean hourly wage of $14.49 dollars, total wage burden costs are 
$155,586 (in 2019 dollars).

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    This action imposes minimal impacts on small entities. Given the 
current state of the Area management programs, the implemented measures 
remain consistent with the Commission's recommendations, but do not 
consider outdated management measures (i.e., trap banking). Further, 
both the Area 2 and Area 3 ownership caps allow for entities who exceed 
the specified ownership cap limits to retain their permits and traps, 
but prevent these entities from ownership in additional permits and 
traps. For Area 3, we are also approving a reduction to the maximum 
number of traps that can be fished. Area 3 permit holders may 
participate in the Trap Transfer Program ahead of reductions going into 
place, and thus could either optimize trap allocations across vessels 
owned or sell traps and recoup some economic losses. Finally, approving 
mandatory harvester requirements using eVTR would leverage technology 
to minimize the burden of completing and submitting/mailing paper 
Federal vessel trip reports.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
this small entity compliance guide was prepared. Copies of the guide 
and this rule are available upon request from the Greater Atlantic 
Regional Office (see ADDRESSES), and the guide/permit holder bulletin 
will be sent to all holders of lobster permits.
    This final rule contains a new collection-of-information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act (PRA). The collection-of-information requirement in this 
rule, currently assigned Control Number 0648-0806, relates to the 
collection under Control Number 0648-0212, ``Greater Atlantic Region 
Logbook Family of Forms'' as both collect similar types of information. 
However, due to multiple concurrent actions revising Control Number 
0648-0212, the collection-of-information requirement in this final rule 
was assigned a temporary Control Number that will later be merged into 
Control Number 0648-0212. This rule creates new requirements by 
requiring all Federal lobster permit holders to submit electronic 
vessel trip reports, including several additional new data elements. 
Public reporting burden for electronic trip reports is estimated to 
average 7 minutes (0.117 hours) per individual response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Total annual cost to the public from 
this collection is estimated to be approximately $156,000 (in 2019 
dollars).
    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted on 
the following website: https://www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by selecting ``Currently under 
Review'' or by using the search function and entering the title of the 
collection.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number

List of Subjects in 50 CFR Part 697

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 67676]]


    Dated: September 26, 2023.
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 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. 1501 et seq.


0
2. In Sec.  697.2, remove the definition for ``Qualifying Year'' and 
revise the definition for ``Regional Administrator'' to read as 
follows:


Sec.  697.2  Definitions.

* * * * *
    Regional Administrator, means Regional Administrator, Greater 
Atlantic Region, NMFS, or Regional Administrator, Southeast Region, 
NMFS, whichever has the applicable jurisdiction, or a respective 
designee.
* * * * *

0
3. In Sec.  697.4,
0
a. Revise paragraph (a)(1) introductory text, and paragraphs (a)(7)(i) 
and (ii);
0
b. Remove and reserve paragraphs (a)(7)(vi) through (viii);
0
c. Revise paragraph (d)(1);
0
d. Revise paragraph (f)(1)(i);
0
e. Remove paragraph (f)(1)(v); and
0
f. Effective April 1, 2024, add paragraph (q).
    The revisions and addition read as follows:


Sec.  697.4  Vessel permits and trap tags.

    (a) * * *
    (1) Eligibility. To be eligible for issuance or renewal of a 
Federal limited access lobster permit, a vessel must:
* * * * *
    (7) * * *
    (i) It is unlawful for vessels issued a limited access American 
lobster permit fishing with traps, to retain on board, land, or possess 
American lobster in or from the management areas specified in Sec.  
697.18, unless such fishing vessel has been issued a valid management 
area designation certificate or valid limited access American lobster 
permit specifying such management area(s).
    (ii) Each owner of a fishing vessel that fishes with traps capable 
of catching lobster must declare to NMFS in his/her annual application 
for permit renewal which management areas, as described in Sec.  
697.18, the vessel will fish in for lobster with trap gear during that 
fishing season. A federal lobster permit holder may declare into 
Lobster Conservation Management Areas 1, 2, 3, 4, 5, and/or the Outer 
Cape Management Area to fish with traps, only in the following two 
circumstances:
    (A) The NOAA Regional Administrator previously qualified the permit 
into the requested area as part of the Area 1, 2, 3, 4, 5 and/or Outer 
Cape Cod Limited Access Program during the initial limited access area 
qualification process; and/or
    (B) The permit holder, even if the permit has not qualified as 
described in paragraph (a)(7)(ii)(A) of this section, is seeking access 
to Area 2, 3, and/or the Outer Cape Area based upon ownership of traps 
acquired as part of the Trap Transfer Program, described in Sec.  
697.27, that the NOAA Regional Administrator has previously qualified 
and allocated under the Area 2, 3, and/or the Outer Cape Cod Limited 
Access Programs.
* * * * *
    (d) * * *
    (1) Any lobster trap fished in Federal waters must have a valid 
Federal lobster trap tag permanently attached to the trap bridge or 
central cross-member, unless exempt under Sec.  697.26.
* * * * *
    (f) * * *
    (1) * * *
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and the 
applicant has submitted all applicable reports specified in paragraph 
(q) of this section.
* * * * *
    (q) Fishing Vessel Trip Reports--(1) Information to be Submitted. 
Beginning April 1, 2024, all federally permitted lobster vessels must 
maintain onboard the vessel and submit an electronic fishing log to 
NMFS for each fishing trip. Both the vessel permit owner and the vessel 
permit operator are responsible for ensuring the report is accurate and 
is filed. The report must be filed regardless of species fished for or 
taken during the trip and this report must be entered into and 
submitted through a software application approved by NMFS. The report 
must contain the following information:
    (i) Vessel name;
    (ii) USCG documentation number (or state registration number, if 
undocumented);
    (iii) Permit number;
    (iv) Date/time left port on fishing trip;
    (v) Date/time returned from port on fishing trip;
    (vi) Trip type (commercial, recreational, party, or charter);
    (vii) Number of crew;
    (viii) Number of anglers (if a charter or party boat);
    (ix) Gear fished;
    (x) Lobster trawl/string information;
    (A) Total number of trawls/strings in the water;
    (B) Average number of pots per trawl/string;
    (C) Total number of pots in the water;
    (xi) Entrance (ring/hoop) size;
    (xii) Chart area fished, based on the location of the start of haul 
back;
    (xiii) Latitude/longitude where the majority of fishing effort 
occurred;
    (xiv) Average depth where the majority of fishing effort occurred;
    (xv) Total number of strings hauled per chart area per trip;
    (xvi) Average soak time per trawl/string;
    (xvii) Hail weight, in pounds (or count of individual fish, if a 
party or charter vessel), by species, of all species, or parts of 
species;
    (xviii) Dealer permit number;
    (xix) Dealer name;
    (xx) Date sold, port and state landed; and
    (xxi) Vessel operator's name, signature, and operator's permit 
number (if applicable).
    (xxii) Total number of traps hauled by chart area;
    (xxiii) Number of traps in chart area fished;
    (xxiv) Average number of traps per string hauled in the chart area 
fished;
    (xxv) Number of buoy lines in the chart area fished; and
    (xxvi) Total number of buoy lines in the water.
    (2) When to fill out a vessel trip report. Vessel trip reports 
required by paragraph (q)(1)(i) of this section must be filled out with 
all required information, except for information not yet ascertainable, 
prior to entering port. Information that may be considered 
unascertainable prior to entering port includes dealer name, dealer 
permit number, and date sold. Vessel trip reports must be completed as 
soon as the missing information is ascertained.
    (3) Inspection. All persons required to submit reports under this 
part must make these reports and their underlying information available 
for inspection immediately upon the request of an authorized officer or 
an employee of NMFS designated by the Regional Administrator to make 
such inspections.
    (4) Submitting reports--(i) For any vessel issued a valid lobster 
permit, or eligible to renew a limited access permit under this part, 
fishing vessel trip reports, required by paragraph (b)(1) of this 
section, must be submitted within 48 hours of the conclusion of a trip.

[[Page 67677]]

    (ii) For the purposes of paragraph (q)(4)(i) of this section, the 
date when fish are offloaded from a commercial vessel will establish 
the conclusion of a commercial trip.
    (iii) For the purposes of paragraph (q)(4)(i) of this section, the 
date a charter/party vessel enters port will establish the conclusion 
of a for-hire trip.


0
4. Effective April 1, 2024, in Sec.  697.6, revise paragraph 
(n)(1)(ii)(B) to read as follows:


Sec.  697.6  Dealer permits.

* * * * *
    (n) * * *
    (1) * * *
    (ii) * * *
    (B) When purchasing or receiving fish from a vessel landing in a 
port located outside of the Greater Atlantic 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 Greater Atlantic 
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 this paragraph (n); and
* * * * *

0
5. Revise Sec.  697.18 to read as follows:


Sec.  697.18  Lobster management areas.

    The following lobster management areas are established for purposes 
of implementing the management measures specified in this part. (A copy 
of a chart showing the American lobster EEZ management areas is 
available upon request to the Office of the Regional Administrator, 
NMFS, 55 Great Republic Drive, Gloucester, MA 01930.)
    (a) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area 
1 includes state and federal waters nearshore in the Gulf of Maine that 
are bounded on the west and north by the coastlines of Massachusetts 
(including the southwestern extent of the Cape Cod Canal), New 
Hampshire, and Maine, bounded on the east by the U.S.-Canada Maritime 
Boundary, and bounded on the southeast by the following points 
connected in the order listed by straight lines:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  43[deg]58.25' N   67[deg]21.44' W      (1)
B...........................  43[deg]41' N      68[deg]00' N      ......
C...........................  43[deg]12' N      69[deg]00' W      ......
D...........................  42[deg]49' N      69[deg]40' W      ......
E...........................  42[deg]15.5' N    69[deg]40' W      ......
F...........................  42[deg]10' N      69[deg]56' W      ......
G...........................  42[deg]05.5' N    70[deg]14' W      ......
H...........................  42[deg]04.25' N   70[deg]17.22' W   ......
I...........................  42[deg]02.84' N   70[deg]16.1' W    ......
J...........................  42[deg]03.4' N    70[deg]14.2' W    ......
------------------------------------------------------------------------
(1) Point A is intended to fall on the U.S./Canada Maritime Boundary.

    (b) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area 
2 includes state and federal waters nearshore in Southern New England 
that are bounded on the north by the coastlines of Massachusetts 
(including the northeastern extent of the Cape Cod Canal) and Rhode 
Island, and bounded on all other sides by the following points 
connected in the order listed by straight lines:

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]40' N      70[deg]05' W      ......
B...........................  41[deg]15' N      70[deg]05' W      ......
C...........................  41[deg]21.5' N    69[deg]16' W      ......
D...........................  41[deg]10' N      69[deg]06.5' W    ......
E...........................  40[deg]55' N      68[deg]54' W      ......
F...........................  40[deg]27.5' N    72[deg]14' W      ......
G...........................  40[deg]45.5' N    71[deg]34' W      ......
H...........................  41[deg]07' N      71[deg]43' W      ......
I...........................  41[deg]06.5' N    71[deg]47' W      ......
J...........................  41[deg]11.5' N    71[deg]47.25' W   ......
K...........................  41[deg]18.5' N    71[deg]54.5' W       (1)
------------------------------------------------------------------------
(1) From Point K, the EEZ Nearshore Management Area 2 follows the
  maritime boundary between Connecticut and Rhode Island to the coastal
  Connecticut/Rhode Island boundary.

    (c) Area 2/3 Overlap. The Area 2/3 Overlap is defined by the area, 
comprised entirely of Federal waters, bounded by straight lines 
connecting the following points, in the order stated:

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
A...........................  41[deg]10' N          69[deg]06.5' W
B...........................  40[deg]55' N          68[deg]54' W
C...........................  40[deg]27.5' N        72[deg]14' W
D...........................  40[deg]45.5' N        71[deg]34' W
A...........................  41[deg]10' N          69[deg]06.5' W
------------------------------------------------------------------------

    (d) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3 
is defined by the area, comprised entirely of Federal waters, bounded 
by straight lines connecting the following points, in the order stated:

                        Table 4 to Paragraph (d)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  43[deg]58.25' N   67[deg]21' W      (1),(2
                                                                       )
B...........................  43[deg]41' N      68[deg]00' W      ......
C...........................  43[deg]12' N      69[deg]00' W      ......
D...........................  42[deg]49' N      69[deg]40' W      ......
E...........................  42[deg]15.5' N    69[deg]40' W      ......
F...........................  42[deg]10' N      69[deg]56' W      ......
G...........................  42[deg]21.5 N     69[deg]16' W      ......
H...........................  41[deg]10' N      69[deg]06.5' W    ......
I...........................  40[deg]45.5' N    71[deg]34' W      ......
J...........................  40[deg]27.5' N    72[deg]14' W      ......
K...........................  40[deg]12.5' N    72[deg]48.5' W    ......
L...........................  39[deg]50' N      73[deg]01' W      ......
M...........................  38[deg]39.5' N    73[deg]40' W      ......
N...........................  38[deg]12' N      73[deg]55' W      ......
O...........................  37[deg]12' N      74[deg]44' W      ......
P...........................  35[deg]34' N      74[deg]51' W      ......
Q...........................  35[deg]14.5' N    75[deg]31' W      ......
R...........................  35[deg]14.5' N    71[deg]24' W         (2)
------------------------------------------------------------------------
(1) Point A is intended to fall on the U.S.-Canada Maritime Boundary
(2) From Point R back to Point A along the outer limit of the US EEZ and
  the U.S.-Canada Maritime Boundary

    (e) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area 
4 includes state and federal waters nearshore in the northern Mid-
Atlantic, bounded on the west and north by the coastlines of New Jersey 
and New York (crossing the East River at 74[deg] W), and bounded on all 
other sides by the following points connected in the order listed by 
straight lines, unless otherwise noted:

                        Table 5 to Paragraph (e)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]0.7' N     72[deg]00' W      ......
B...........................  40[deg]57.33' N   72[deg]00' W      (1),(2
                                                                       )
C...........................  41[deg]06.5' N    71[deg]47' W      (2),(3
                                                                       )
D...........................  41[deg]07' N      71[deg]43' W      ......
E...........................  40[deg]45.5' N    71[deg]34' W      ......
F...........................  41[deg]27.5' N    72[deg]14' W      ......
G...........................  40[deg]12.5' N    72[deg]48.5' W    ......
H...........................  39[deg]50' N      73[deg]01' W      ......
I...........................  39[deg]50' N      72[deg]09.2' W    ......
------------------------------------------------------------------------
(1) Point B is intended to fall along the Three Nautical Mile line.
(2) From Point B to Point C following the Three Nautical Mile line.
(3) Point C is intended to fall along the Three Nautical Mile line.

    (f) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area 
5 includes state and Federal waters nearshore in the southern Mid-
Atlantic, bounded on the west by the coastline of the United states, 
and bounded on all other sides by the following points connected in the 
order listed by straight lines:

[[Page 67678]]



                        Table 6 to Paragraph (f)
------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
A...........................  39[deg]50' N          74[deg]09.2' W
B...........................  39[deg]50' N          72[deg]55' W
C...........................  38[deg]38.2' N        73[deg]33.8' W
D...........................  38[deg]10.4' N        73[deg]49' W
E...........................  37[deg]10.6' N        74[deg]38' W
F...........................  35[deg]31.9' N        74[deg]45.5' W
G...........................  35[deg]14.5' N        75[deg]19.3' W
H...........................  35[deg]14.5' N        75[deg]31.5' W
------------------------------------------------------------------------

    (g) Area 3/5 Overlap. The Area 3/5 Overlap includes state and 
Federal waters in the southern Mid-Atlantic bounded by the following 
points connected in the order listed by straight lines:

                        Table 7 to Paragraph (g)
------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
A...........................  39[deg]50' N          73[deg]01' W
B...........................  39[deg]50' N          72[deg]55' W
C...........................  38[deg]38.2' N        73[deg]33.8' W
D...........................  38[deg]10.4' N        73[deg]49' W
E...........................  37[deg]10.6' N        74[deg]38' W
F...........................  35[deg]31.9' N        74[deg]45.5' W
G...........................  35[deg]14.5' N        75[deg]19.3' W
H...........................  35[deg]14.5' N        75[deg]31' W
I...........................  35[deg]34' N          74[deg]51' W
J...........................  37[deg]12' N          74[deg]44' W
K...........................  38[deg]12' N          73[deg]55' W
L...........................  38[deg]39.5' N        73[deg]40' W
A...........................  39[deg]50' N          73[deg]01' W
------------------------------------------------------------------------

    (h) Nearshore Management Area 6. The Nearshore Management Area 6 
includes New York and Connecticut state waters, bounded by the Long 
Island Sound coastlines of both states (including the East River until 
74[deg] W, and the northern extent of the Harlem River), and bounded on 
the east by the following points connected in the order listed by 
straight lines:

                        Table 8 to Paragraph (h)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]0.7' N     72[deg]00' W      ......
B...........................  40[deg]57.33' N   72[deg]00' W      (1)(2)
C...........................  41[deg]06.5' N    71[deg]47' W      (2)(3)
D...........................  41[deg]11.5'' N   71[deg]47.25'' W  ......
E...........................  41[deg]18.5'' N   71[deg]54.5'' W      (4)
------------------------------------------------------------------------
(1) Point B is intended to fall along the Three Nautical Mile line.
(2) From Point B to Point C following the Three Nautical Mile line.
(3) Point C is intended to fall along the Three Nautical Mile line.
(4) From Point E, the Nearshore Management Area 6 follows the maritime
  boundary between Connecticut and Rhode Island to the coastal
  Connecticut/Rhode Island boundary.

    (i) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore 
Outer Cape Lobster Management Area includes state and Federal waters 
off Cape Cod, bounded by the following points connected in the order 
listed by straight lines, unless otherwise noted:

                        Table 9 to Paragraph (i)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Notes
------------------------------------------------------------------------
A...........................  41[deg]54.46' N   70[deg]03.99' W      (1)
B...........................  41[deg]52' N      70[deg]07.49' W   ......
C...........................  42[deg]02.84' N   70[deg]16.1' W    ......
D...........................  42[deg]04.25' N   70[deg]17.22' W   ......
E...........................  42[deg]05.5' N    70[deg]14' W      ......
F...........................  42[deg]10' N      69[deg]65' W      ......
G...........................  41[deg]21.5' N    69[deg]16' W      ......
H...........................  41[deg]15' N      70[deg]05' W      ......
I...........................  41[deg]40' N      70[deg]05' W         (1)
------------------------------------------------------------------------
(1) From Point I back to Point A following the outer coastline of Cape
  Cod.

    (j) Area management. NMFS may, consistent with Sec.  697.25, 
implement management measures necessary for each management area, in 
order to end overfishing and rebuild stocks of American lobster.


0
6. Effective May 1, 2025, in Sec.  697.19, revise the section heading 
and paragraph (c), and add paragraph (m), to read as follows:


Sec.  697.19  Trap limits, ownership caps, and trap tag requirements 
for vessels fishing with lobster traps.

* * * * *
    (c) Area 3 trap limits. (1) Effective May 1, 2025, the Area 3 trap 
limit is 1,805 traps. Federally permitted lobster fishing vessels may 
only fish with traps that have been previously qualified and allocated 
into Area 3 by the Regional Administrator, as part of the Federal Area 
3 Limited Access Program. This allocation may be modified by trap cuts 
and/or trap transfers, but in no case shall the allocation exceed the 
trap limit.
    (2) Effective May 1, 2026, the Area 3 trap limit is 1,629 traps. 
Federally permitted lobster fishing vessels may only fish with traps 
that have been previously qualified and allocated into Area 3 by the 
Regional Administrator, as part of the Federal Area 3 Limited Access 
Program. This allocation may be modified by trap cuts and/or trap 
transfers, but in no case shall the allocation exceed the trap limit.
    (3) Effective May 1, 2027, the Area 3 trap limit is 1,548 traps. 
Federally permitted lobster fishing vessels may only fish with traps 
that have been previously qualified and allocated into Area 3 by the 
Regional Administrator, as part of the Federal Area 3 Limited Access 
Program. This allocation may be modified by trap cuts and/or trap 
transfers, but in no case shall the allocation exceed the trap limit.
* * * * *
    (m) Ownership caps. (1) An entity shall be defined as any person 
having an ownership interest, including, but not limited to, persons 
who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a federally permitted lobster vessel. In determining an 
entity's ownership cap allocation, NMFS will not attribute based upon 
an entity's percentage ownership interest, but will attribute the full 
amount of a permit's allocation to the entity upon a finding of any 
ownership interest in the permit.
    (2) Area 2--Effective May 1, 2025, an entity's Area 2 ownership cap 
shall be based upon the entity's aggregate trap allocation as of May 1, 
2022 as follows:
    (i) Any entity who had a cumulative Area 2 trap allocation at or 
below 800 traps as of May 1, 2022 shall be restricted to an 800 
cumulative trap maximum for all permits with an Area 2 trap allocation. 
No such entity may possess Area 2 trap allocations in excess of 800 
traps.
    (ii) Any entity who had a cumulative Area 2 trap allocation above 
800 traps as of May 1, 2022 may retain their allocation at that May 1 
2022 level but shall be restricted from expanding this cumulative Area 
2 trap allocation above the May 1, 2022 trap allocation level. No such 
entity may possess Area 2 trap allocations in excess of their May 1, 
2022 level. This higher allocation is allowed only for the duration of 
the entity's ownership of Area 2 lobster permits, and is forfeited once 
ownership is lost, sold, or transferred.
    (iii) Vessel owners with an Area 2 lobster permit in confirmation 
of permit history, and in compliance with the ownership restrictions in 
paragraph (m)(1) of this section, are eligible to renew such permits(s) 
and/or confirmation(s) of permit history, but will be bound by the trap 
limits in paragraphs (m)(2)(i) or (m)(2)(ii) of this section.
    (3) Area 3. (i) Effective May 1, 2025, the Area 3 ownership cap 
shall be restricted to no more than 9,025 allocated traps. An entity is 
prohibited from possessing Area 3 trap allocations in excess of 9,025 
traps.
    (ii) Effective May 1, 2026, the Area 3 ownership cap shall be 
restricted to no more than 8,145 allocated traps. An entity is 
prohibited from possessing Area 3 trap allocations in excess of 8,145 
traps.
    (iii) Effective May 1, 2027, the Area 3 ownership cap shall be 
restricted to no more than 7,740 allocated traps. An entity is 
prohibited from possessing

[[Page 67679]]

Area 3 trap allocations in excess of 7,740 traps.
    (iv) Vessel owners with an Area 3 lobster permit in confirmation of 
permit history, and in compliance with the ownership restrictions in 
paragraph (m)(1) of this section, are eligible to renew such permits(s) 
and/or confirmation(s) of permit history, but will be bound by the trap 
limits in paragraphs (m)(3)(i) through (iii) of this section.
    (v) Paragraphs (m)(3)(i) through (iii) of this section do not apply 
to an entity's Area 3 lobster trap permits and/or confirmations of 
permit history if that entity's trap allocation exceeded 7,740 traps as 
of May 1, 2022. The trap allocations of all such entities will be 
capped at their May 1, 2022 trap allocation. This higher allocation is 
allowed only for the duration of the entity's ownership of Area 2 
lobster permits, and is forfeited once ownership is lost, sold, or 
transferred.

0
7. In Sec.  697.20, revise paragraphs (a)(5) through (7), and remove 
paragraphs (a)(8) and (9), to read as follows:


Sec.  697.20  Size, harvesting and landing requirements.

    (a) * * *
    (5) The minimum carapace length for all American lobsters harvested 
in or from the Offshore Management Area 3 is 3\17/32\ inches (8.97 cm).
    (6) The minimum 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).
    (7) 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.
* * * * *


0
8. In Sec.  697.21;
0
a. Revise paragraphs (a)(1);
0
b. Remove and reserve paragraph (a)(2);
0
c. Revise paragraphs (b)(4)(i) through (iii), (c)(3) and (4);
0
d. Remove paragraph (c)(5); and
0
e. Revise paragraphs (e) and (f).
    The revisions are to read as follows:


Sec.  697.21  Gear identification and marking, escape vent, maximum 
trap size, and ghost panel requirements.

    (a) * * *
    (1) Identification and trap tagging. Lobster gear must be marked 
with a trap tag (as specified in Sec.  697.19) with the following code 
of identification:
    (i) A number assigned by the Regional Administrator; or
    (ii) Whatever positive identification marking is required by the 
vessel's home-port state.
* * * * *
    (b) * * *
    (4) * * *
    (i) Gulf of Maine gear area. Gulf of Maine gear area is defined as 
all waters of the EEZ north of 42[deg]20' N lat. seaward of the outer 
boundary of the territorial sea (12 nautical miles (22.2 km) from the 
baseline);
    (ii) Georges Bank gear area. Georges Bank gear area is defined as 
all waters of the EEZ south of 42[deg]20' N lat. and east of 70[deg]00' 
W long. or the outer boundary of the territorial sea (12 nautical miles 
(22.2 km) from the baseline), whichever lies farther east;
    (iii) Southern New England gear area. Southern New England gear 
area is defined as all waters of the EEZ west of 70[deg]00' W long., 
east of 71[deg]30' W long., and north of 36[deg]33' N lat. at a depth 
greater than 25 fathoms (45.72 m); and
* * * * *
    (c) * * *
    (3) All American lobster traps deployed or possessed in the EEZ 
Offshore Management Area 3, or deployed or possessed by a person on or 
from a vessel issued a Federal limited access American lobster permit 
fishing in or electing to fish in the EEZ Offshore Management Area 3, 
must include either of the following escape vents in the parlor section 
of the trap, located in such a manner that it will not be blocked or 
obstructed by any portion of the trap, associated gear, or the sea 
floor in normal use:
    (i) A rectangular portal with an unobstructed opening not less than 
2\1/16\ inches (5.24 cm) x 5\3/4\ inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 
2\11/16\ inches (6.82 cm) in diameter.
    (4) The Regional Administrator may, at the request of, or after 
consultation with, the Commission, approve and specify, through a 
technical amendment, any other type of acceptable escape vent that the 
Regional Administrator finds to be consistent with paragraph (c) of 
this section.
* * * * *
    (e) Maximum trap size--(1) EEZ Nearshore Management Area maximum 
trap size. American lobster traps deployed or possessed in the EEZ, or, 
deployed or possessed by a person on or from a vessel issued a Federal 
limited access American lobster permit as specified under Sec.  697.4, 
if deployed or possessed by a person or vessel permitted to fish in any 
EEZ Nearshore Management Area (Area 1, Outer Cape, Area 2, Area 4, Area 
5, or Area 6) and the Area 2/3 Overlap, or only in the Area 2/3 
Overlap, shall not exceed 22,950 cubic inches (376,081 cubic 
centimeters) in volume as measured on the outside portion of the trap, 
exclusive of the runners.
    (2) EEZ Offshore Management Area maximum trap size. American 
lobster traps deployed or possessed in the EEZ, or, deployed or 
possessed by a person on or from a vessel issued a Federal limited 
access American lobster permit as specified under Sec.  697.4, if 
deployed or possessed by a person or vessel permitted to fish only in 
EEZ Offshore Management Area 3 or only in EEZ Offshore Management Area 
3 and the Area 2/3 Overlap, shall not exceed 30,100 cubic inches 
(493,249 cubic centimeters) in volume as measured on the outside 
portion of the trap, exclusive of the runners.
    (f) Enforcement action. Unidentified, unmarked, unvented, or 
improperly-vented American lobster traps, or any untagged American 
lobster traps, or any lobster traps subject to the requirements and 
specifications of Sec.  697.21, which fail to meet such requirements 
and specifications may be seized and disposed of in accordance with the 
provisions of 15 CFR part 904.
* * * * *

0
9. In Sec.  697.23, revise paragraphs (b)(2), (c)(2), (d)(2), and 
(e)(2) to read as follows:


Sec.  697.23  Restricted gear areas.

* * * * *
    (b) * * *
    (2) Definition of Restricted Gear Area I. Restricted Gear Area I is 
defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

                       Table 1 to Paragraph (b)(2)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
AB..........................  40[deg]02.45' N   70[deg]14.10' W      (*)
AC..........................  40[deg]05.20' N   70[deg]10.90' W      (*)
AD..........................  40[deg]03.75' N   70[deg]10.15' W      (*)
AE..........................  40[deg]00.70' N   70[deg]08.70' W      (*)
AF..........................  39[deg]59.20' N   70[deg]04.90' W      (*)
AG..........................  39[deg]58.25' N   70[deg]03.00' W      (*)
AH..........................  39[deg]56.90' N   69[deg]57.45' W      (*)
AI..........................  39[deg]57.40' N   69[deg]55.90' W      (*)
AJ..........................  39[deg]57.55' N   69[deg]54.05' W      (*)
AK..........................  39[deg]56.70' N   69[deg]53.60' W      (*)
AL..........................  39[deg]55.75' N   69[deg]41.40' W      (*)
AM..........................  39[deg]56.20' N   69[deg]40.20' W      (*)
AN..........................  39[deg]58.80' N   69[deg]38.45' W      (*)
AO..........................  39[deg]59.15' N   69[deg]37.30' W      (*)
AP..........................  40[deg]00.90' N   69[deg]37.30' W      (*)

[[Page 67680]]

 
AQ..........................  40[deg]00.65' N   69[deg]36.50' W      (*)
AR..........................  39[deg]57.85' N   69[deg]35.15' W      (*)
AS..........................  39[deg]56.80' N   69[deg]34.10' W      (*)
AT..........................  39[deg]56.50' N   69[deg]26.35' W      (*)
AU..........................  39[deg]56.75' N   69[deg]24.40' W      (*)
AV..........................  39[deg]57.80' N   69[deg]20.35' W      (*)
AW..........................  40[deg]00.05' N   69[deg]14.60' W      (*)
AX..........................  40[deg]02.65' N   69[deg]11.15' W      (*)
AY..........................  40[deg]02.00' N   69[deg]08.35' W      (*)
AZ..........................  40[deg]02.65' N   69[deg]05.60' W      (*)
BA..........................  40[deg]04.10' N   69[deg]03.90' W      (*)
BB..........................  40[deg]05.65' N   69[deg]03.55' W      (*)
BC..........................  40[deg]08.45' N   69[deg]03.60' W      (*)
BD..........................  40[deg]09.75' N   69[deg]04.15' W      (*)
BE..........................  40[deg]10.25' N   69[deg]04.40' W      (*)
BF..........................  40[deg]11.60' N   69[deg]05.40' W      (*)
BG..........................  40[deg]11.00' N   69[deg]03.80' W      (*)
BH..........................  40[deg]08.90' N   69[deg]01.75' W      (*)
BI..........................  40[deg]05.30' N   69[deg]01.10' W      (*)
BJ..........................  40[deg]05.20' N   69[deg]00.50' W      (*)
BK..........................  40[deg]04.35' N   69[deg]00.50' W      (*)
BL..........................  40[deg]03.65' N   69[deg]00.00' W      (*)
BM..........................  40[deg]03.60' N   68[deg]57.20' W      (*)
BN..........................  40[deg]05.70' N   68[deg]52.40' W      (*)
BO..........................  40[deg]08.10' N   68[deg]51.00' W      (*)
BP..........................  40[deg]08.70' N   68[deg]49.60' W      (*)
BQ..........................  40[deg]06.90' N   68[deg]46.50' W      (*)
BR..........................  40[deg]07.20' N   68[deg]38.40' W      (*)
BS..........................  40[deg]07.90' N   68[deg]36.00' W      (*)
BT..........................  40[deg]06.40' N   68[deg]35.80' W   ......
BU..........................  40[deg]05.25' N   68[deg]39.30' W   ......
BV..........................  40[deg]05.40' N   68[deg]44.50' W   ......
BW..........................  40[deg]06.00' N   68[deg]46.50' W   ......
BX..........................  40[deg]07.40' N   68[deg]49.60' W   ......
BY..........................  40[deg]05.55' N   68[deg]49.80' W   ......
BZ..........................  40[deg]03.90' N   68[deg]51.70' W   ......
CA..........................  40[deg]02.25' N   68[deg]55.40' W   ......
CB..........................  40[deg]02.60' N   69[deg]00.00' W   ......
CC..........................  40[deg]02.75' N   69[deg]00.75' W   ......
CD..........................  40[deg]04.20' N   69[deg]01.75' W   ......
CE..........................  40[deg]06.15' N   69[deg]01.95' W   ......
CF..........................  40[deg]07.25' N   69[deg]02.00' W   ......
CG..........................  40[deg]08.50' N   69[deg]02.25' W   ......
CH..........................  40[deg]09.20' N   69[deg]02.95' W   ......
CI..........................  40[deg]09.75' N   69[deg]03.30' W   ......
CJ..........................  40[deg]09.55' N   69[deg]03.85' W   ......
CK..........................  40[deg]08.40' N   69[deg]03.40' W   ......
CL..........................  40[deg]07.20' N   69[deg]03.30' W   ......
CM..........................  40[deg]06.00' N   69[deg]03.10' W   ......
CN..........................  40[deg]05.40' N   69[deg]03.05' W   ......
CO..........................  40[deg]04.80' N   69[deg]03.05' W   ......
CP..........................  40[deg]03.55' N   69[deg]03.55' W   ......
CQ..........................  40[deg]01.90' N   69[deg]03.95' W   ......
CR..........................  40[deg]01.00' N   69[deg]04.40' W   ......
CS..........................  39[deg]59.90' N   69[deg]06.25' W   ......
CT..........................  40[deg]00.60' N   69[deg]10.05' W   ......
CU..........................  39[deg]59.25' N   69[deg]11.15' W   ......
CV..........................  39[deg]57.45' N   69[deg]16.05' W   ......
CW..........................  39[deg]56.10' N   69[deg]20.10' W   ......
CX..........................  39[deg]54.60' N   69[deg]25.65' W   ......
CY..........................  39[deg]54.65' N   69[deg]26.90' W   ......
CZ..........................  39[deg]54.80' N   69[deg]30.95' W   ......
DA..........................  39[deg]54.35' N   69[deg]33.40' W   ......
DB..........................  39[deg]55.00' N   69[deg]34.90' W   ......
DC..........................  39[deg]56.55' N   69[deg]36.00' W   ......
DD..........................  39[deg]57.95' N   69[deg]36.45' W   ......
DE..........................  39[deg]58.75' N   69[deg]36.30' W   ......
DF..........................  39[deg]58.80' N   69[deg]36.95' W   ......
DG..........................  39[deg]57.95' N   69[deg]38.10' W   ......
DH..........................  39[deg]54.50' N   69[deg]38.25' W   ......
DI..........................  39[deg]53.60' N   69[deg]46.50' W   ......
DJ..........................  39[deg]54.70' N   69[deg]50.00' W   ......
DK..........................  39[deg]55.25' N   69[deg]51.40' W   ......
DL..........................  39[deg]55.20' N   69[deg]53.10' W   ......
DM..........................  39[deg]54.85' N   69[deg]53.90' W   ......
DN..........................  39[deg]55.70' N   69[deg]54.90' W   ......
DO..........................  39[deg]56.15' N   69[deg]55.35' W   ......
DP..........................  39[deg]56.05' N   69[deg]56.25' W   ......
DQ..........................  39[deg]55.30' N   69[deg]57.10' W   ......
DR..........................  39[deg]54.80' N   69[deg]58.60' W   ......
DS..........................  39[deg]56.05' N   70[deg]00.65' W   ......
DT..........................  39[deg]55.30' N   70[deg]02.95' W   ......
DU..........................  39[deg]56.90' N   70[deg]11.30' W   ......
DV..........................  39[deg]58.90' N   70[deg]11.50' W   ......
DW..........................  39[deg]59.60' N   70[deg]11.10' W   ......
DX..........................  40[deg]01.35' N   70[deg]11.20' W   ......
DY..........................  40[deg]02.60' N   70[deg]12.00' W   ......
DZ..........................  40[deg]00.40' N   70[deg]12.30' W   ......
EA..........................  39[deg]59.75' N   70[deg]13.05' W   ......
EB..........................  39[deg]59.30' N   70[deg]14.00' W        *
AA..........................  40[deg]02.75' N   70[deg]16.10' W        *
------------------------------------------------------------------------

    (c) * * *
    (2) Definition of Restricted Gear Area II. Restricted Gear Area II 
is defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

                       Table 2 to Paragraph (c)(2)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
EB..........................  39[deg]59.30' N   70[deg]14.00' W      (*)
EC..........................  39[deg]58.85' N   70[deg]15.20' W   ......
ED..........................  39[deg]59.30' N   70[deg]18.40' W   ......
EE..........................  39[deg]58.10' N   70[deg]19.40' W   ......
EF..........................  39[deg]57.00' N   70[deg]19.85' W   ......
EG..........................  39[deg]57.55' N   70[deg]21.25' W   ......
EH..........................  39[deg]57.50' N   70[deg]22.80' W   ......
EI..........................  39[deg]57.10' N   70[deg]25.40' W   ......
EJ..........................  39[deg]57.65' N   70[deg]27.05' W   ......
EK..........................  39[deg]58.58' N   70[deg]27.70' W   ......
EL..........................  40[deg]00.65' N   70[deg]28.80' W   ......
EM..........................  40[deg]02.20' N   70[deg]29.15' W   ......
EN..........................  40[deg]01.00' N   70[deg]30.20' W   ......
EO..........................  39[deg]58.58' N   70[deg]31.85' W   ......
EP..........................  39[deg]57.05' N   70[deg]34.35' W   ......
EQ..........................  39[deg]56.42' N   70[deg]36.80' W   ......
ER..........................  39[deg]58.15' N   70[deg]48.00' W   ......
ES..........................  39[deg]58.30' N   70[deg]51.10' W   ......
ET..........................  39[deg]58.10' N   70[deg]52.25' W   ......
EU..........................  39[deg]58.05' N   70[deg]53.55' W   ......
EV..........................  39[deg]58.40' N   70[deg]59.60' W   ......
EW..........................  39[deg]59.80' N   71[deg]01.05' W   ......
EX..........................  39[deg]58.20' N   71[deg]05.85' W   ......
EY..........................  39[deg]57.45' N   71[deg]12.15' W   ......
EZ..........................  39[deg]57.20' N   71[deg]15.00' W   ......
FA..........................  39[deg]56.30' N   71[deg]18.95' W   ......
FB..........................  39[deg]51.40' N   71[deg]36.10' W   ......
FC..........................  39[deg]51.75' N   71[deg]41.50' W   ......
FD..........................  39[deg]50.05' N   71[deg]42.50' W   ......
FE..........................  39[deg]50.00' N   71[deg]45.00' W   ......
FF..........................  39[deg]48.95' N   71[deg]46.05' W   ......
FG..........................  39[deg]46.60' N   71[deg]46.10' W   ......
FH..........................  39[deg]43.50' N   71[deg]49.40' W   ......
FI..........................  39[deg]41.30' N   71[deg]55.00' W   ......
FJ..........................  39[deg]39.00' N   71[deg]55.60' W   ......
FK..........................  39[deg]36.72' N   71[deg]58.25' W   ......
FL..........................  39[deg]35.15' N   71[deg]58.55' W   ......
FM..........................  39[deg]34.50' N   72[deg]00.75' W   ......
FN..........................  39[deg]32.20' N   72[deg]02.25' W   ......
FO..........................  39[deg]32.15' N   72[deg]04.10' W   ......
FP..........................  39[deg]28.50' N   72[deg]06.50' W   ......
FQ..........................  39[deg]29.00' N   72[deg]09.25' W   ......
FR..........................  39[deg]29.75' N   72[deg]09.80' W      (*)
FS..........................  39[deg]32.65' N   72[deg]06.10' W      (*)
FT..........................  39[deg]35.45' N   72[deg]02.00' W      (*)
FU..........................  39[deg]41.15' N   71[deg]57.10' W      (*)
FV..........................  39[deg]46.95' N   71[deg]49.00' W      (*)
FW..........................  39[deg]53.10' N   71[deg]42.70' W      (*)
FX..........................  39[deg]52.60' N   71[deg]40.35' W      (*)
FY..........................  39[deg]53.10' N   71[deg]36.10' W      (*)
FZ..........................  39[deg]57.50' N   71[deg]20.60' W      (*)
GA..........................  40[deg]00.70' N   71[deg]19.80' W      (*)
GB..........................  39[deg]59.30' N   71[deg]18.40' W      (*)
GC..........................  40[deg]02.00' N   71[deg]01.30' W      (*)
GD..........................  40[deg]00.50' N   70[deg]57.60' W      (*)
GE..........................  40[deg]00.10' N   70[deg]45.10' W      (*)
GF..........................  39[deg]58.90' N   70[deg]38.65' W      (*)
GG..........................  39[deg]59.15' N   70[deg]34.45' W      (*)
GH..........................  40[deg]00.55' N   70[deg]32.10' W      (*)
GI..........................  40[deg]03.85' N   70[deg]28.75' W      (*)
GJ..........................  39[deg]59.75' N   70[deg]25.50' W      (*)
GK..........................  39[deg]59.80' N   70[deg]21.75' W      (*)
GL..........................  40[deg]00.70' N   70[deg]18.60' W      (*)
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

    (d) * * *
    (2) Definition of Restricted Gear Area III. Restricted Gear Area 
III is defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

                       Table 3 to Paragraph (d)(2)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
GL..........................  40[deg]00.70' N   70[deg]18.60' W      (*)
GK..........................  39[deg]59.80' N   70[deg]21.75' W      (*)
GJ..........................  39[deg]59.75' N   70[deg]25.50' W      (*)
GI..........................  40[deg]03.85' N   70[deg]28.75' W      (*)
GH..........................  40[deg]00.55' N   70[deg]32.10' W      (*)
GG..........................  39[deg]59.15' N   70[deg]34.45' W      (*)
GF..........................  39[deg]58.90' N   70[deg]38.65' W      (*)
GE..........................  40[deg]00.10' N   70[deg]45.10' W      (*)
GD..........................  40[deg]00.50' N   70[deg]57.60' W      (*)
GC..........................  40[deg]02.00' N   71[deg]01.30' W      (*)
GB..........................  39[deg]59.30' N   71[deg]18.40' W      (*)
GA..........................  40[deg]00.70' N   71[deg]19.80' W      (*)
FZ..........................  39[deg]57.50' N   71[deg]20.60' W      (*)
FY..........................  39[deg]53.10' N   71[deg]36.10' W      (*)
FX..........................  39[deg]52.60' N   71[deg]40.35' W      (*)
FW..........................  39[deg]53.10' N   71[deg]42.70' W      (*)
FV..........................  39[deg]46.95' N   71[deg]49.00' W      (*)
FU..........................  39[deg]41.15' N   71[deg]57.10' W      (*)
FT..........................  39[deg]35.45' N   72[deg]02.00' W      (*)
FS..........................  39[deg]32.65' N   72[deg]06.10' W      (*)
FR..........................  39[deg]29.75' N   72[deg]09.80' W      (*)
GM..........................  39[deg]33.65' N   72[deg]15.00' W   ......
GN..........................  39[deg]47.20' N   72[deg]01.60' W   ......
GO..........................  39[deg]53.75' N   71[deg]52.25' W   ......
GP..........................  39[deg]55.85' N   71[deg]45.00' W   ......
GQ..........................  39[deg]55.60' N   71[deg]41.20' W   ......
GR..........................  39[deg]57.90' N   71[deg]28.70' W   ......
GS..........................  40[deg]10.70' N   71[deg]10.25' W   ......

[[Page 67681]]

 
GT..........................  40[deg]12.75' N   70[deg]55.05' W   ......
GU..........................  40[deg]11.05' N   70[deg]45.80' W   ......
GV..........................  40[deg]06.50' N   70[deg]40.05' W   ......
GW..........................  40[deg]05.60' N   70[deg]17.70' W   ......
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

    (e) * * *
    (2) Definition of Restricted Gear Area IV. Restricted Gear Area IV 
is defined by the following points connected in the order listed by 
straight lines (points followed by an asterisk are shared with an 
adjacent Restricted Gear Area):

                       Table 4 to Paragraph (e)(2)
------------------------------------------------------------------------
            Point                 Latitude          Longitude      Note
------------------------------------------------------------------------
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
GX..........................  40[deg]07.80' N   70[deg]09.20' W   ......
GY..........................  40[deg]07.60' N   70[deg]04.50' W   ......
GZ..........................  40[deg]02.10' N   69[deg]45.00' W   ......
HA..........................  40[deg]01.30' N   69[deg]45.00' W   ......
HB..........................  40[deg]00.50' N   69[deg]38.80' W   ......
HC..........................  40[deg]01.70' N   69[deg]37.40' W   ......
HD..........................  40[deg]01.70' N   69[deg]35.40' W   ......
HE..........................  40[deg]00.40' N   69[deg]35.20' W   ......
HF..........................  39[deg]57.30' N   69[deg]25.10' W   ......
HG..........................  40[deg]05.50' N   69[deg]09.00' W   ......
HH..........................  40[deg]14.30' N   69[deg]05.80' W   ......
HI..........................  40[deg]14.00' N   69[deg]04.70' W   ......
HJ..........................  40[deg]11.60' N   68[deg]53.00' W   ......
HK..........................  40[deg]13.60' N   68[deg]40.60' W   ......
BS..........................  40[deg]07.90' N   68[deg]36.00' W      (*)
BR..........................  40[deg]07.20' N   68[deg]38.40' W      (*)
BQ..........................  40[deg]06.90' N   68[deg]46.50' W      (*)
BP..........................  40[deg]08.70' N   68[deg]49.60' W      (*)
BO..........................  40[deg]08.10' N   68[deg]51.00' W      (*)
BN..........................  40[deg]05.70' N   68[deg]52.40' W      (*)
BM..........................  40[deg]03.60' N   68[deg]57.20' W      (*)
BL..........................  40[deg]03.65' N   69[deg]00.00' W      (*)
BK..........................  40[deg]04.35' N   69[deg]00.50' W      (*)
BJ..........................  40[deg]05.20' N   69[deg]00.50' W      (*)
BI..........................  40[deg]05.30' N   69[deg]01.10' W      (*)
BH..........................  40[deg]08.90' N   69[deg]01.75' W      (*)
BG..........................  40[deg]11.00' N   69[deg]03.80' W      (*)
BF..........................  40[deg]11.60' N   69[deg]05.40' W      (*)
BE..........................  40[deg]10.25' N   69[deg]04.40' W      (*)
BD..........................  40[deg]09.75' N   69[deg]04.15' W      (*)
BC..........................  40[deg]08.45' N   69[deg]03.60' W      (*)
BB..........................  40[deg]05.65' N   69[deg]03.55' W      (*)
BA..........................  40[deg]04.10' N   69[deg]03.90' W      (*)
AZ..........................  40[deg]02.65' N   69[deg]05.60' W      (*)
AY..........................  40[deg]02.00' N   69[deg]08.35' W      (*)
AX..........................  40[deg]02.65' N   69[deg]11.15' W      (*)
AW..........................  40[deg]00.05' N   69[deg]14.60' W      (*)
AV..........................  39[deg]57.80' N   69[deg]20.35' W      (*)
AU..........................  39[deg]56.75' N   69[deg]24.40' W      (*)
AT..........................  39[deg]56.50' N   69[deg]26.35' W      (*)
AS..........................  39[deg]56.80' N   69[deg]34.10' W      (*)
AR..........................  39[deg]57.85' N   69[deg]35.15' W      (*)
AQ..........................  40[deg]00.65' N   69[deg]36.50' W      (*)
AP..........................  40[deg]00.90' N   69[deg]37.30' W      (*)
AO..........................  39[deg]59.15' N   69[deg]37.30' W      (*)
AN..........................  39[deg]58.80' N   69[deg]38.45' W      (*)
AM..........................  39[deg]56.20' N   69[deg]40.20' W      (*)
AL..........................  39[deg]55.75' N   69[deg]41.40' W      (*)
AK..........................  39[deg]56.70' N   69[deg]53.60' W      (*)
AJ..........................  39[deg]57.55' N   69[deg]54.05' W      (*)
AI..........................  39[deg]57.40' N   69[deg]55.90' W      (*)
AH..........................  39[deg]56.90' N   69[deg]57.45' W      (*)
AG..........................  39[deg]58.25' N   70[deg]03.00' W      (*)
AF..........................  39[deg]59.20' N   70[deg]04.90' W      (*)
AE..........................  40[deg]00.70' N   70[deg]08.70' W      (*)
AD..........................  40[deg]03.75' N   70[deg]10.15' W      (*)
AC..........................  40[deg]05.20' N   70[deg]10.90' W      (*)
AB..........................  40[deg]02.45' N   70[deg]14.10' W      (*)
AA..........................  40[deg]02.75' N   70[deg]16.10' W      (*)
------------------------------------------------------------------------

* * * * *

0
10. Revise Sec.  697.24 to read as follows:


Sec.  697.24  Exempted waters for Maine State American lobster permits.

    A person or vessel holding a valid permit or license issued by the 
State of Maine that lawfully permits that person to engage in 
commercial fishing for American lobster may, with the approval of the 
State of Maine, engage in commercial fishing for American lobsters in 
the following areas designated as EEZ, if such fishing is conducted in 
such waters in accordance with all other applicable Federal and State 
regulations:
    (a) West of Monhegan Island in the Federal waters located north of 
the line from 43[deg]42.17' N lat., 69[deg]34.27' W long. to 
43[deg]42.25' N lat., 69[deg]19.30' W long.
    (b) East of Monhegan Island in the federal waters located northwest 
of the line from 43[deg]44' N lat., 69[deg]15.08' W long. to 
43[deg]48.17' N lat., 69[deg]8.02' W long.
    (c) South of Vinalhaven in the federal waters located west of the 
line from 43[deg]52.61' N lat., 68[deg]40.00' W long. to 43[deg]58.12' 
N lat., 68[deg]32.95' W long.
    (d) South of Boris Bubert Island in the federal waters located 
northwest of the line from 44[deg]19.27' N lat., 67[deg]49.50' W long. 
to 44[deg]23.67' N lat., 67[deg]40.50' W long.


0
11. In Sec.  697.27, revise paragraph (a)(2)(vi) to read as follows:


Sec.  697.27  Trap transferability.

    (a) * * *
    (2) * * *
    (vi) Trap allocations may be transferred in any increment.
* * * * *
[FR Doc. 2023-21466 Filed 9-29-23; 8:45 am]
BILLING CODE 3510-22-P