[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Rules and Regulations]
[Pages 9993-9994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5440]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 649

[Docket No. 970219034-7034-01; I.D. 021097D]
RIN 0648-XX81


American Lobster Fishery; Technical Amendment

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues this final rule to add a provision allowing 
vessels issued Maine state lobster permits to fish in designated waters 
of the Federal exclusive economic zone (EEZ). This technical amendment 
conforms the American lobster regulations to existing statutory 
language, as amended by the Sustainable Fisheries Act.

EFFECTIVE DATE: February 28, 1997.

FOR FURTHER INFORMATION CONTACT: Mary Tokarcik, Fisheries Management 
Specialist, 508-281-9326.

SUPPLEMENTARY INFORMATION: On October 11, 1996, the Sustainable 
Fisheries Act (SFA) was signed into law. The SFA amended, among other 
statutes, the Atlantic Coastal Fisheries Cooperative Management Act (16 
U.S.C. 5101 et seq.) to allow fishing for lobster by vessels issued 
Maine State American lobster permits in designated areas of the EEZ. 
These areas are often referred to as Maine pocket waters. The SFA 
provides that any person holding a valid permit issued by the State of 
Maine may engage in lobster fishing in these pocket waters, if such 
fishing is in accordance with all other applicable Federal and State 
regulations. These pocket waters are small areas of the EEZ that lie 
between two areas of State waters, created by islands near the coast of 
Maine. This technical amendment changes Sec. 649.8, modifying the 
prohibitions to allow for this provision. It also adds Sec. 649.24 to 
designate areas of the EEZ in which State-permitted vessels may harvest 
American lobster.

Classification

    This rule only conforms to an existing set of regulations to a 
recently enacted statutory provision for which the agency has no 
discretion. As such, under authority at 5 U.S.C. 553(b)(B), there is 
good cause to waive the requirement to provide prior notice and an 
opportunity for public comment as such procedures are unnecessary. 
Similarly, as the statute is already effective, there is good cause 
under authority at 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effective date.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 649

    Fisheries.

    Dated: February 27, 1997.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR Part 649 is amended 
as follows:

PART 649--AMERICAN LOBSTER FISHERY

    1. The authority citation for part 649 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 649.8, paragraphs (a) introductory text, (b), (c) 
introductory text, (c)(1)(iv), (c)(2), and (c)(4) are revised and 
(c)(1)(v) is added to read as follows.


Sec. 649.8  Prohibitions.

    (a) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a Federal American lobster permit under 
Sec. 649.4 or a vessel or person holding a valid State of Maine 
American lobster permit or license and fishing under the provisions of 
and under the areas designated in Sec. 649.24 to do any of the 
following:
* * * * *
    (b) In addition to the prohibitions specified in paragraph (a) of 
this section, it is unlawful for any person owning or operating a 
vessel that has not been issued a limited access American lobster 
permit as described under Sec. 649.4(b) or a vessel or person holding a 
valid State of Maine American lobster permit or license and fishing 
under the provisions of and in the area designated under Sec. 649.24, 
to possess on board a vessel or land American lobsters unless the 
vessel is a party, charter, or dive boat and there are six or fewer 
American lobsters per person on such boats, and the lobster are not 
sold, traded or bartered, or unless the vessel is a recreational 
vessel, or a vessel fishing for American lobsters exclusively in State 
waters.
    (c) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and the prohibitions specified in 
paragraphs (a) and (b) of this section, it is unlawful for any person 
to do any of the following:
    (1) * * *
    (iv) The American lobsters were harvested by a recreational fishing 
vessel; or
    (v) The American lobsters were harvested by a vessel or person 
holding a valid State of Maine American lobster permit or license that 
is fishing under the provisions of and in the areas designated in 
Sec. 649.24.
    (2) Sell, barter or trade, or otherwise transfer, or attempt to 
sell, barter, or trade, or otherwise transfer for a commercial purpose, 
any American lobsters from a vessel, unless the vessel had been issued 
a valid Federal American lobster permit under Sec. 649.4, the American 
lobsters were harvested by a vessel without a Federal lobster permit 
that fishes for lobsters exclusively in State waters or unless the 
vessel or person holds a valid State of Maine American lobster permit 
or license and is fishing under the provisions of and in the areas 
designated in Sec. 649.24.
* * * * *
    (4) Purchase, possess, or attempt to purchase or receive for 
commercial purposes, as, or in the capacity of, a dealer, American 
lobsters caught by a vessel other than one issued a Federal American 
lobster permit under Sec. 649.4 or one holding or owned or operated by 
one holding a valid State of Maine American lobster permit or license 
and fishing under the provisions of and in the areas designated in 
Sec. 649.24, unless the American lobsters were harvested by a vessel 
without a Federal American lobster permit and that fishes for American 
lobster exclusively in state waters.
* * * * *
    3. Section 649.24 is added to subpart B to read as follows:


Sec. 649.24  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:

[[Page 9994]]

    (a) West of Monhegan Island in the area located north of the line 
43.5 deg.42'08'' N. lat., 69.5 deg.34'18'' W. long., and 
43.5 deg.42'15'' N. lat., 69.5 deg.19'18'' W. long.
    (b) East of Monhegan Island in the area located west of the line 
43.5 deg.44'00'' N. lat., 69.5 deg.15'05'' W. long., and 
43.5 deg.48'10'' N. lat., 69.5 deg.08'01'' W. long.
    (c) South of Vinalhaven in the area located west of the line 
43.5 deg.52'21'' N. lat., 68.5 deg.39'54'' W. long., and 
43.5 deg.48'10'' N. lat., 67.5 deg.40'33'' W. long.
    (d) South of Boris Bubert Island in the area located north of the 
line 44.5 deg.19'15'' N. lat, 67.5 deg.49'30'' W. long. and 
44.5 deg.23'45'' N. lat., 67.5 deg.40'33'' W. long.
[FR Doc. 97-5440 Filed 2-28-97; 4:43 pm]
BILLING CODE 3510-22-F