[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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