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List of Subjects in 40 CFR Part 52 Administrator, National Marine Commission’s Interstate Fishery Environmental protection, Air Fisheries Service, 55 Great Republic Management Plan and consistent with pollution control, Incorporation by Drive, Gloucester, MA 01930–2276. the Magnuson-Stevens Fishery reference, Intergovernmental relations, Mark the outside of the envelope: Conservation and Management Act’s New Source Review, Particulate matter. ‘‘Comments on Jonah Crab Proposed National Standards. Rule.’’ Historically, Jonah crabs (Cancer Authority: 42 U.S.C. 7401 et seq. Instructions: Comments sent by any borealis) have been harvested as an Dated: March 13, 2018. other method, to any other address or incidental catch in the American lobster Michael Stoker, individual, or received after the end of trap fishery. That is, traditionally, Regional Administrator, Region IX. the comment period, may not be lobster harvesters did not target Jonah crabs, but sometimes kept and brought [FR Doc. 2019–05416 Filed 3–21–19; 8:45 am] considered by NMFS. All comments received are a part of the public record them to market if they caught some BILLING CODE 6560–50–P and will generally be posted for public while lobster fishing. Eventually, the viewing on www.regulations.gov Jonah crab market expanded, and without change. All personal identifying lobster harvesters began making legal DEPARTMENT OF COMMERCE information (e.g., name, address, etc.), modifications to their lobster traps and confidential business information, or setting traps for the specific purpose of National Oceanic and Atmospheric catching Jonah crabs. Landings have Administration otherwise sensitive information submitted voluntarily by the sender will dramatically increased from nearly 3 million lb (1360.78 mt) in 1994 to a high 50 CFR Part 648 be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ of over 17 million lb (7711.07 mt) in [Docket No. 151006928–9089–02] A’’ in the required fields if you wish to 2017. remain anonymous). Attachments to The rapid increase in Jonah crab RIN 0648–BF43 electronic comments will be accepted in landings concerned fishery managers. Microsoft Word, Excel, or Adobe PDF Little is known about the species within Fisheries of the Northeastern United U.S. waters other than the fact that States; Jonah Crab Fishery; Interstate file formats only. You may request copies of the Draft fishing pressure has significantly Fishery Management Plan for Jonah increased. There has been no scientific Crab Environmental Impact Statement (DEIS), including the Regulatory Impact Review stock assessment, so we do not know AGENCY: National Marine Fisheries (RIR) and the Initial Regulatory whether the stock is overfished or Service (NMFS), National Oceanic and Flexibility Analysis (IRFA), prepared for whether overfishing is occurring. The Atmospheric Administration (NOAA), this action at the mailing address Jonah crab fishery has been wholly Commerce. specified above or by calling (978) 281– unregulated in Federal waters; anybody could fish for any amount of crabs. ACTION: Proposed rule. 9225. The document is also available online at https:// Minimal and inconsistent regulations SUMMARY: Based on Atlantic States www.greateratlantic.fisheries.noaa.gov/ had been issued by some states. Some states tied the harvest of Jonah crabs to Marine Fisheries Commission nr/2018/May/jonahcrabDEIS.html. recommendations, we, the National You may submit written comments their state lobster license, while others did not. The market did provide limited Marine Fisheries Service, are proposing regarding the burden-hour estimates or stock protection: Harvest was tempered to implement regulations for the Jonah other aspects of the collection-of- at times by a low demand, and Jonah crab fishery in Federal waters. This information requirements contained in crabs with a carapace width smaller action is necessary to enact measures this proposed rule to the mailing than 5 inches (12.7 cm) were considered that provide stock protections to a address listed above and by email to less marketable. In recent years, targeted previously unmanaged fishery. The [email protected]. fishing pressure has increased, likely action is intended to ensure FOR FURTHER INFORMATION CONTACT: compatibility between state and Federal due to the decline of the Southern New Allison Murphy, Fishery Policy Analyst, England lobster stock and the growing Jonah crab management measures, (978) 281–9122. consistent with the Commission’s market demand for crab. SUPPLEMENTARY INFORMATION: The Commission initiated Interstate Fishery Management Plan for management of Jonah crab out of Jonah Crab and the intent of the Atlantic Background concern for its future sustainability. Coastal Fisheries Cooperative Under its process for managing Given the linkage between the lobster Management Act. species that are managed by both the and Jonah crab fisheries, the Jonah crab DATES: Public comments must be states and NOAA’s National Marine fishery is managed by the Commission’s received by April 22, 2019. Fisheries Service, the Atlantic States American Lobster Management Board. ADDRESSES: You may submit comments Marine Fisheries Commission decides The Commission approved an Interstate on this document, identified by NOAA– upon a management strategy, and then Fishery Management Plan for Jonah NMFS–2015–0127, by either of the recommends that the states and Federal Crab in August 2015, following its following methods: government enact regulations to public process for review and approval • Electronic Submission: Submit all complement these measures when of management actions. The goal of the electronic public comments via the appropriate. The Atlantic Coastal Commission’s Jonah Crab Plan is, ‘‘to Federal e-Rulemaking Portal. Go to Fisheries Cooperative Management Act promote conservation, reduce the www.regulations.gov/#!docketDetail;D= (16 U.S.C. 5101 et seq.) directs the possibility of recruitment failure, and NOAA-NMFS-2015-0127, click the Federal government to support the allow the full utilization of the resource ‘‘Comment Now!’’ icon, complete the management efforts of the Commission by the industry.’’ In general, the plan required fields, and enter or attach your and, to the extent the Federal aimed to capture the fishery within the comments. government seeks to regulate a parameters that existed prior to • Mail: Submit written comments to Commission species, to develop approval of the plan in 2015. For Michael Pentony, Regional regulations that are compatible with the example, this involved establishing a

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fishery that was limited to and recommended that the Secretary of Proposed Measures prosecuted by lobster trap harvesters. Commerce implement complementary Shortly after the Commission approved measures to the Jonah Crab Plan on This rule proposes the following the plan, the Commission initiated and September 8, 2015. The Commission measures (Table 1) which are consistent approved Addenda I and II, refining amended the Jonah Crab Plan to include with the Commission’s incidental catch limits and claw-only additional measures on February 8, recommendations in the Jonah Crab measures. These documents are 2017 and at that time Plan and its addenda. Measures are available on the Commission’s website contemporaneously asked the Secretary discussed in greater detail below. at: http://www.asmfc.org/species/jonah- to include those additional measures as crab. The Commission formally part of the Federal regulatory process.

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

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recreational anglers and divers would be also recommended by the Commission to 500 crabs per trip which largely restricted to the recreational and have already been implemented by mirrored the lobster incidental catch requirements, and, as with lobster, most states. Adopting the same size limit. The Lobster Board believed that would not be permitted to set trap gear. restrictions in this action would provide the original limit was sufficient to allow for consistent size restrictions in state for an incidental catch while preventing 2. Minimum Size and Federal waters. non-trap gear from targeting Jonah crabs. We are proposing to implement a Following approval of the Jonah Crab 3 3. Broodstock Protection minimum carapace width size of 4 ⁄4 Plan, some stakeholders raised concern inches (12.065 cm). The proposed size We are proposing to prohibit the that the incidental catch limit did not restriction should have a negligible retention of egg-bearing female Jonah include historic Jonah crab harvest impact on the fishing industry because crabs and prohibit the removal of eggs amounts. Other management measures Jonah crabs smaller than 43⁄4 inches from egg-bearing female Jonah crabs. developed in the Jonah Crab Plan (12.065 cm) have not been traditionally Three alternatives aimed at affording attempted to capture historic fishery marketable and therefore were not such protections were considered in the practices. The PDT reviewed available harvested and brought to market. draft Jonah Crab Plan: 1. No prohibition; catch information and determined that The draft Jonah Crab Plan included a 2. a prohibition on egg-bearing female the original Jonah Crab Plan limit would range of minimum carapace width size crabs; and 3. a prohibition on the have restricted some past trips which alternatives ranging from 4 inches retention of all female crabs with a landed more than 200 crabs per day or (10.16 cm) to 51⁄2 inches (13.97 cm) in tolerance. Prohibitions on possessing 500 crabs per trip. The PDT determined quarter-inch (0.635-cm) increments, egg-bearing crabs were considered in the that a limit of 1,000 crabs per trip would along with a no coastwide minimum draft plan because they help ensure that cover the majority of past landings from size alternative. When developing these eggs are given the opportunity to hatch non-trap gear. alternatives, the Commission’s Jonah and add to the population. Similar Ultimately, the Commission approved Crab Plan Development Team (PDT) measures have been successfully used a new, expanded limit of up to 1,000 attempted to identify Jonah crab size at in the lobster fishery, under the crabs per trip for both non-trap gear and maturity. The PDT found minimal Interstate Fishery Management Plan for non-lobster trap gear as part of information, stating in the Jonah Crab American Lobster. Ultimately, the Addendum I. The Commission expected Plan that, ‘‘what little is known comes Commission selected to prohibit the that this revised limit would be more from unpublished documents and possession of egg-bearing female crabs. consistent with the maximum incidental published studies with low sample Most states had already implemented catch that existed in 2015 prior to sizes.’’ Nevertheless, ‘‘examination of regulations to prohibit possession of developing the Jonah Crab Plan. Our the data suggests that both sexes reach egg-bearing female crabs by June 1, catch data corroborates the near 100 percent maturity by 3 35/64 2016. Commission’s basis for revising the inches (9.0 cm).’’ A 43⁄4-inch (12.065- Given the Commission’s objective of incidental catch limit. A Federal cm) size restriction should allow Jonah giving eggs the opportunity to hatch and incidental catch of up to 1,000 crabs crabs to reproduce before they grow to contribute to the overall crab would provide consistency between harvestable size. population, we are also proposing to Federal and state regulations. The Commission’s PDT looked at prohibit the removal of eggs from an We support the Commission’s alternatives with larger and smaller egg-bearing female Jonah crab. While Addendum I incidental limit of up to carapace sizes and with different levels not specifically recommended by the 1,000 crabs per trip, as only 3 trips of enforcement tolerance (the amount of Commission, this measure compliments between 2010 and 2014 landed more animals smaller than the minimum size the Jonah Crab Plan by providing an than 900 lb (408.2 kg). This higher limit which are harvested by mistake without additional measure to fortify the Plan’s balances the Jonah Crab Plan’s goals of the action being considered willful). biological objective of allowing eggs to maintaining historic catch levels while Ultimately, the Commission selected a hatch. It also closes a potential preventing future expansion of the minimum carapace width size of 43⁄4 enforcement loophole which could incidental fishery into a larger or more inches (12.065 cm) with no tolerance for allow a harvester to circumvent the targeted fishery. We are proposing to undersized crabs. This minimum size Commission’s prohibition of possessing adopt and apply the incidental limit of was selected by the Lobster Board egg-bearing female Jonah crabs. Finally, up to 1,000 crabs per trip to the because it balances current market we believe this has been an important American lobster commercial non-trap demands, biological concerns over the and effect element of our lobster permit category. size at which crabs become mature, and regulations, and therefore we think it is 5. Incidental Catch Definition industry concerns that enforcement important to include a similar provision officials would issue violations for crabs for Jonah crabs. We are proposing to implement a that are just under the market-preferred requirement that Jonah crabs cannot size in this high-volume fishery where 4. Incidental Catch Limit comprise more than 50 percent, by measuring each crab may be difficult. We are proposing to implement an weight, of all species kept onboard a States were required to implement incidental catch limit of up to 1,000 commercial non-trap permitted vessel. regulations consistent with the 43⁄4- crabs per trip for commercial non-trap This would be a second requirement inches (12.065-cm) minimum size by lobster permit holders, as recommended governing the incidental possession of June 1, 2016. in Addendum I. The Commission spent Jonah crabs and would complement the Minimum sizes are used in most several meetings establishing the maximum incidental catch limit of Greater Atlantic commercial fisheries as incidental catch limit in the original 1,000 crabs per trip. To further ensure a tool to protect immature fish and Jonah Crab Plan and then perfected it in that the incidental catch of Jonah crabs shellfish to ensure that some percentage Addendum I. This Addendum also does not expand into a targeted fishery, of fish have the opportunity to included discussion on gears that must the Commission developed and reproduce. We support such measures abide by this limit. The Commission approved an incidental catch definition because they have biological benefits originally approved an incidental catch (called a ‘‘bycatch definition’’) as part of and are enforceable. The measures are limit of up to 200 crabs per day and up Addendum II. Options included a status

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quo no incidental catch limit and a 50- fisheries, this reporting requirement was dealer reporting requirements for other percent limit, which would require that passed with little debate at the federally-managed fisheries. Jonah crabs make up no more than 50 Commission. Recreational Measures percent, by weight, of all species kept The Commission did not explicitly on board a vessel. This requirement is discuss a permitting program for dealers 1. Broodstock Protection intended to work in conjunction with purchasing Jonah crabs. Permitting We are proposing to prohibit the the incidental catch limit. In order to would be necessary to successfully retention of egg-bearing female Jonah retain the full incidental Jonah crab trip implement a mandatory dealer reporting crabs in the recreational fishery, limit, a vessel would need to have at program. Therefore, we are proposing to consistent with the Commission’s least the same weight of other species, require that a dealer obtain a Federal recommendation. Development of this combined, onboard. The Commission Jonah crab dealer permit if that dealer measure occurred in parallel to developed this measure out of concern wishes to purchase Jonah crabs from a broodstock protection measures for the that fishermen harvesting Jonah crab federally-permitted lobster permit commercial fishery. For more under the incidental catch limit may, in holder. Due to the overlap of Jonah crab background, please see Broodstock fact, target Jonah crab by landing 1,000 and lobster harvest, our analysis shows Protection under the Commercial crabs per trip. The Commission was also that the vast majority of dealers Measures heading above. concerned that this small-scale targeted currently purchasing Jonah crabs fishery would be allowed to land 1,000 already have Federal dealer permits due 2. Recreational Catch Limit crabs per trip, and nothing else. The to the other species purchased, We are proposing to limit the Commission noted that these examples specifically lobster. Therefore, recreational Jonah crab harvest to 50 conflicted with their intent for the requesting an additional permit in the whole crabs per person, per day. The incidental catch limit, which was to annual renewal application is not PDT included three measures in the account for Jonah crabs caught while expected to be burdensome. draft Jonah Crab Plan for Commission targeting another species. States were We are proposing to require that all and public consideration: 1. No required to implement regulations federally-permitted Jonah crab dealers coastwide possession limit; 2. a consistent with this definition by submit dealer reports electronically, on possession limit of 50 (whole crabs); or January 1, 2018. a weekly basis, consistent with dealer 3. a possession limit of 100 claws per We support the Commission’s reporting requirements for all other person. Cautious, restrictive recreational Addendum II goal of further ensuring regionally-managed commercial catch limits were developed by the PDT that historic incidental harvest does not fisheries. The Jonah Crab Plan specified because few data existed on the extent evolve into targeted harvest. Percentage- information to be collected in dealer of the existing recreational Jonah crab based catch caps have been used in reports. We are proposing to collect the fishery. Further, it was believed that Commission’s recommended other regionally-managed fisheries and such a small limit would help to information. We intend to require the are enforceable. Therefore, consistent maintain a recreational harvester’s same information currently required in with the Commission’s recommendation participation in the fishery while other fisheries, which includes some and to complement state measures preventing expansion of effort and additional information. These already in effect, we are proposing to targeting for illegal commercial harvest. requirements include: Dealer name; implement a requirement that, in Following public comment and dealer permit number; name and permit addition to the incidental catch limit, discussion, the Commission elected to Jonah crabs cannot comprise more than number or name and hull number (U.S. approve a 50 whole-crab per person, per 50 percent, by weight, of all species kept Coast Guard documentation number or day recreational limit of Jonah crabs onboard a vessel. state registration number, whichever is applicable) of the vessel from which fish without allowing a recreational claw 6. Mandatory Dealer Reporting are purchased; trip identifier (vessel trip harvest. States were required to We are proposing a dealer permitting report identification number for vessels implement recreational regulations by requirement and a mandatory dealer with mandatory vessel trip reporting June 1, 2016. Consistent with the Commission’s reporting requirement for any dealer requirement); date of purchase; units of recommendation and to complement wishing to purchase Jonah crabs from measure and amount by species (by state measures already in effect, we are Federally-permitted vessels, consistent market category, if applicable); price per proposing to implement a recreational with all other regionally-managed unit by species (by market category, if species. The Jonah Crab Plan included applicable) or total value by species (by catch limit of 50 whole crabs per a goal to ‘‘implement uniform market category, if applicable); port person, per day. Consistent with the collection, analysis, and dissemination landed; disposition of the seafood regulations for recreational harvest of of biological and economic information; product; and any other information American lobster, non-trap gear must be and improve understanding of the status deemed necessary by the Regional used to recreationally harvest Jonah of the stock and the economics of Administrator. Finally, to facilitate crab, including diving, charter/party harvest.’’ To that end, the Commission reporting of all market categories, we are trips, and personal angling. While little developed several options requiring proposing to add additional dealer information exists on the recreational 100-percent dealer reporting in its draft codes, which will help more accurately fishery, we believe this limit balances Jonah Crab Plan, along with an option assess Jonah crab landings. recreational access to the fishery while that did not require dealer reporting. We support the Commission’s data restricting future expansion. Those options specified information for collection and standardization goal, as Other Measures Considered by the collection, including a unique trip well as the requirement for 100 percent Commission identification number, species, quantity dealer reporting. While our proposed (lb), state and port of landing, market dealer permitting and reporting program 1. Landing Disposition Requirements grade and category, areas fished and is more expansive than what is specified (i.e., Claw Fishery) hours fished, and price per pound. As in the Jonah Crab Plan, we believe it is We do not intend to impose landing mandatory dealer reporting is now consistent with the Commission’s intent disposition requirements at this time. universally required in all other and will ensure consistency with the Landing disposition requirements, like

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the incidental landing limit, evolved regulations complicated our ability to Jonah crab reporting would be during the development of the Jonah complement regulations. Specifically, subsumed by the lobster reporting Crab Plan and its addenda. In a first we found it challenging to issue a single requirements that the Commission attempt to capture regional harvesting Federal regulation that is consistent already made as part of Addendum differences in the Jonah Crab Plan, the with state landing disposition XXVI to the Lobster Plan/Addendum III Commission approved a whole crab requirements, when the state regulations to the Jonah Crab Plan. We are currently fishery with an exemption for themselves are inconsistent. Therefore, developing a proposed rule in a separate individuals who could prove a history we are not proposing regulations for the action to consider adopting these of claw landings before the June 2, 2015, claw fishery at this time. As such, states expanded lobster and Jonah crab control date in the states of New Jersey, will regulate crab landing disposition harvester reporting recommendations. Delaware, Maryland, and Virginia. shore-side. We will monitor the During the development of the Jonah effectiveness of these state regulations to Research Activities Crab Plan, we advocated for a whole- determine whether future Federal crab fishery due to biological, regulation will be necessary. Deferring Since the Commission’s approval of enforcement, and National Standard 4 action on the claw fishery is expected to the Jonah Crab Plan, several concerns. National Standard 4 requires minimize disconnects between state and organizations have established Jonah that conservation and management Federal regulations. crab research programs focused on the measures shall not discriminate research needs identified in the plan. 2. Mandatory Commercial Harvester between residents of different states. Reporting Researchers from the Massachusetts Following approval of the Jonah Crab Division of Marine Fisheries (MA DMF), Plan, we raised several concerns with The Commission recommended a 100- the Commercial Fisheries Research this measure, indicating in a February percent mandatory harvester reporting Foundation (CFRF), and the University 29, 2016, letter, that ‘‘it may prove program as part of the Jonah Crab Plan of Maryland have requested exempted challenging for us to implement the but allowed jurisdictions requiring less fishing permits (EFPs), including than 100 percent of lobster harvester claw-only exemption, as constructed in exemptions from Jonah crab regulations, reporting to maintain their current the August 2015 Jonah Crab Plan to conduct research on migration, because of National Standard 4,’’ programs and extend them to Jonah growth rates, and maturity in Federal because the plan included little crab. The Jonah Crab Plan established waters. Because no Federal regulations rationale for implementing this measure specific information to be reported, differently based on state affiliation. including: A unique trip identification existed for Jonah crab, we advised The Commission reconsidered its (link to dealer report); vessel number; researchers that they were free to claw fishery requirements as part of trip start date; location (NMFS stat area); conduct their research activities in Addendum II. This effort included a traps hauled; traps set; quantity (lb); trip Federal waters, but that exemptions thorough investigation of state and length; soak time in hours and minutes; from lobster regulations would be Federal landings data in an attempt to and target species. We intend to restrict required. determine the extent of Jonah crab claw Jonah crab harvest to only Federal We have issued EFPs to MA DMF and landings. The Jonah Crab PDT lobster permit holders, and at present, CFRF, and are considering an EFP for developed a range of potential there is no mandatory harvester the University of Maryland. These reporting requirement for Federal management measures, including: 1. projects have centered around the lobster permit holders. Therefore, we do Status quo (a whole crab fishery with an collection of crabs and lobster using exemption for southern states); 2. a not intend to modify Federal lobster ventless traps and, to date, have whole crab fishery coastwide; and 3. a permit holder’s reporting requirements received exemptions from the lobster coastwide regulated claw fishery. though this action. This action proposes Incidental volumetric measure claw to add an additional species code to trap regulations, including exemptions limits such as a maximum of one 5- better capture the landings of Jonah crab from escape vent, trap tagging, and gallon (18.93 L) bucket were also claws in states that permit such activity. number of allowable traps requirements. discussed. During the development of In recent months, the Commission has Several of these studies are also Addendum II, we advocated for a given additional consideration to the collecting information on lobsters, and whole-crab fishery due to biological and reporting requirements in both the therefore also have exemptions from enforcement concerns, but supported lobster and Jonah crab fisheries. In lobster possession provisions in options that would allow a small February 2018, the Commission regulations, including provisions on amount of claw-only landings. The approved Addendum XXVI to the minimum and maximum size, egg- Commission ultimately approved a Interstate Fishery Management Plan for bearing females, etc. measure that established a coastwide American Lobster, which also serves as This action proposes to expand the standard for claw harvest, allowing for Addendum III to the Jonah Crab Plan. exemptions granted to these three an unlimited amount of claws to be The intent of this addendum is to research projects to include exemptions harvested subject to a minimum claw expand lobster harvester reporting from the proposed Jonah crab length requirement. requirements, enhance the spatial and regulations, as outlined in Table 2. In response, states have implemented effort data collections, and improve the a wide range of measures. Some allow amount and type of biological data Exemptions would not be issued until a harvest of an unlimited claws that meet collected in the offshore trap fishery. final rule for Jonah Crab Plan measures the minimum size, others allow harvest Given the offshore expansion of lobster is published. These proposed of a maximum of one 5-gallon (18.93 L) trap effort in recent years, the exemptions do not expand the scope or bucket of claws, while others allow only Commission developed this addendum scale of any existing research projects; whole crabs to be landed. The to address data gaps due to inconsistent they are intended to allow these Commission recommended that we reporting and data collection research activities to continue without implement complementary claw fishery requirements across state and Federal interruption. measures, but the variety of state agencies. As a result, the recommended

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TABLE 2—EXPANDED EXEMPTION PROPOSAL TO EXISTING RESEARCH PERMITS

Organization Project title Jonah crab exemptions

Commercial Fisheries Research Foundation .... Southern New England Cooperative Ventless Minimum size. Trap Survey. Massachusetts Division of Marine Fisheries ..... Random Stratified Coastwide Ventless Lob- Minimum size ster Trap Survey. Prohibition on the possession of egg-bearing female Jonah crabs. University of Maryland ...... Sexual maturity investigation of Jonah crabs .. Minimum size.

If approved, the applicants may whales, humpback whales, fin whales, of this analysis is available from the request minor modifications and and sei whales; and Northwest Atlantic NMFS (see ADDRESSES). extensions to the EFP throughout the distinct population segment loggerhead Description of the Reasons Why Action year. We may grant EFP modifications and leatherback sea turtles. The number by NMFS Is Being Considered and extensions without further notice if of traps will not increase through this the modifications and extensions are proposed action. This action is expected Recent data indicate that Jonah crab deemed essential to facilitate to have a short-term slight negative landings have increased dramatically in completion of the proposed research impact, but a longer-term positive the past 15 years. To ensure that the and have minimal impacts that do not impact, on human communities. While, stock is sustainably harvested, the change the scope or impact of the in general, the Commission Commission initiated the Jonah Crab initially approved EFP requests. The recommended regulations that were Plan, as well as Addenda I and II to the EFPs would prohibit any fishing activity consistent with industry norms, such plan to implement coastwide conducted outside the scope of the regulations could limit a harvester’s regulations. The Commission exempted fishing activities. Finally, we ability to land Jonah crabs in the short recommended that the Federal invite any other organizations term to the extent that a harvester had government implement measures conducting Jonah crab research to previously fished outside of those consistent with its plan. To the extent contact us to discuss whether their norms. While our data does not suggest practicable, this proposed rule would research activities will require Federal that harvesting outside of the norm took implement regulations that are permits. place, if it did, the restrictions could consistent with the Commission’s recommendations and the regulations Classification lead to a slight negative impact. In the longer term, the regulations proposed in promulgated by our state partners. The NMFS Assistant Administrator this rule are likely to help ensure the has determined that this proposed rule The Objectives and Legal Basis for the sustainability of the Jonah crab Proposed Action is consistent with the Atlantic Coastal population for future harvest, yielding Fisheries Cooperative Management Act, slight positive long-term impacts. The objective of the proposed action applicable provisions of the Magnuson- This proposed rule has been is to ensure sustainable management of Stevens Fishery Conservation and determined to be not significant for the Jonah crab fishery in Federal waters, Management Act, and other applicable purposes of Executive Order 12866. recognizing that Federal management law, subject to further consideration occurs in concert with state after public comment. This proposed rule does not contain management. NMFS prepared a draft environmental policies with federalism implications as The purpose of the proposed impact statement for this Plan; a notice defined in E.O. 13132. NMFS has measures is to manage the Jonah crab of availability was published on May 25, consulted with the states in the creation fishery in Federal waters in a manner 2018 (83 FR 24305). This action of the Jonah Crab Plan, which makes consistent with the Atlantic Coastal establishes Federal management recommendations for Federal action. Fisheries Cooperative Management Act, measures for the Jonah crab fishery. As The measures proposed in this rule are the National Standards of the the species was previously unregulated, based upon the Jonah Crab Plan and its Magnuson-Stevens Fishery slight positive impacts are expected on addenda, which were created by the Conservation and Management Act, the the target species. Such measures will Commission, and, as such, were created Jonah Crab Plan, other applicable help to ensure the future sustainability by, and are overseen by, the states. Federal laws, and, to the extent of the stock. This action is expected to These measures are already in place at practicable, State laws and regulations. have no impact to slight negative the state level. Additionally, these The Jonah Crab Plan, the Atlantic impacts on essential fish habitat because proposed measures would not preempt Coastal Fisheries Cooperative it authorizes trap gear to be used. state law and would not regulate the Management Act, and promulgating Impacts are considered to be slight states. regulations at 50 CFR part 697 provide because these are the same traps that An initial regulatory flexibility the legal basis for the proposed action. have already been authorized and are analysis (IRFA) was prepared, as currently used in the lobster fishery, required by section 603 of the Description and Estimate of the Number and trap gear is known to have a Regulatory Flexibility Act (RFA). The of Small Entities To Which the Proposed minimal footprint on the bottom. Other IRFA describes the economic impact Rule Would Apply more administrate measures are this proposed rule, if adopted, would The proposed action would expected to have no impact. No impact have on small entities. A description of implement regulations affecting to slight negative impacts on protected the action, why it is being considered, commercial fishing activities (North species are expected because the fishery and the legal basis for this action are American Industry Classification uses a gear type known to have contained at the beginning of this System (NAICS) code 11411), seafood interactions with several protected preamble and in the SUMMARY section. A dealers (NAICS code 424460), and species, including North Atlantic right summary of the analysis follows. A copy operators of party/charter businesses

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

TABLE 3—SUMMARY, BY ENTITY SIZE, OF AVERAGE GROSS SALES, NUMBER OF REGULATED ENTITIES, AND LOBSTER SALES

Mean lobster Number of Mean and Jonah Crab entities gross sales sales ($1,000’s) ($1,000’s)

Large Entities ...... 8 21,562 ...... Non-Participating Large Entities ...... 4 21,729 ...... Participating Large Entities ...... 4 21,395 6,984 Small Entities ...... 2,018 387 ...... Non-Participating Small Entities ...... 609 564 ...... Participating Small Entities ...... 1,409 311 220

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

TABLE 4—SUMMARY OF LOBSTER TRAP EFFORT AND NUMBER OF AFFECTED ENTITIES

2014 2015 2016

Trips ...... Percent

Lobster Only Effort ...... 86.7 87.7 87.1 Jonah Crab Only Effort ...... 0.5 0.4 0.4 Lobster and Jonah Crab Effort ...... 12.8 11.9 12.5

Permits ...... Count

Lobster Only Effort ...... 252 251 258 Jonah Crab Only Effort ...... 0 0 0 Lobster and Jonah Crab Effort ...... 148 160 154

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

TABLE 6—AFFECTED REGULATED NON-TRAP PERMITS

2014 2015 2016

Number of Reporting Permits ...... 647 659 660 Number of Affected Permits ...... 11 15 12 Number of trips ...... 30,865 31,192 33,891 Trips Landing Jonah Crab ...... 502 608 413 Jonah Crab Above Limit ...... 115 180 139

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

CBP number of establishments by employment size class State Federal CBP CBP permits establishments employment 1–4 5–9 10–19 20–49 50–99 100–249 250–499

ME ...... 221 146 1,123 89 28 13 13 2 1 0 NH ...... 17 9 108 3 3 1 2 0 0 0 MA ...... 204 129 1,808 57 26 17 20 7 2 0 RI ...... 51 28 182 13 7 8 0 0 0 0 CT ...... 12 20 211 9 2 5 4 0 0 0 NY ...... 100 275 2,056 178 38 31 23 4 1 0 NJ ...... 85 78 784 43 10 15 7 2 1 0 DE ...... 6 6 54 4 0 1 1 0 0 0 NC ...... 42 59 1,187 27 10 10 8 3 0 1

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

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industry from establishing the performance of the functions of the along the lateral margins of the recommended minimum size. agency, including whether the carapace. Furthermore, because the Jonah crab information shall have practical utility; * * * * * fishery has largely been prosecuted by the accuracy of the burden estimate; Lobster carapace length is the straight lobster trap harvesters, the Jonah crab ways to enhance the quality, utility, and line measurement from the rear of the fishery remains restricted by effort clarity of the information to be eye socket parallel to the center line of control measures that already exist in collected; and ways to minimize the the carapace to the posterior edge of the the lobster regulations. Non-trap harvest burden of the collection of information, carapace. The carapace is the limits proposed in this rule were set in including through the use of automated unsegmented body shell of the a manner to ensure that the vast collection techniques or other forms of American lobster. majority of past trips would be information technology. Send comments * * * * * accounted for under the proposed limit. on these or any other aspects of the ■ 3. In § 697.4, revise paragraph (a) Because the measures in this proposed collection of information to the Greater introductory text to read as follows: rule are consistent with Commission Atlantic Regional Fisheries Office at the recommendations, current state ADDRESSES section above, and by email § 697.4 Vessel permits and trap tags. regulations, and existing lobster fishery to [email protected]. (a) Limited access American lobster requirements, alternative measures Notwithstanding any other provision permit. Any vessel of the United States would likely create inconsistencies and of the law, no person is required to that fishes for, possesses, or lands regulatory disconnects with the states, respond to, and no person shall be American lobster or Jonah crab in or and, therefore, would likely worsen subject to penalty for failure to comply harvested from the EEZ must have been potential economic impacts. with, a collection of information subject issued and carry on board a valid Reporting, Recordkeeping and Other to the requirements of the PRA, unless Federal limited access lobster permit. Compliance Requirements that collection of information displays a This requirement does not apply to: currently valid OMB control number. Charter, head, and commercial dive This action contains several new vessels that possess 6 or fewer American reporting and recordkeeping Authority: 16 U.S.C. 5101–5108; 16 U.S.C. lobsters per person or 50 Jonah crab per requirements that would involve costs 1801 et seq. person aboard the vessel if such lobsters to vessels and dealers intending to land Dated: March 18, 2019. or crabs are not intended for, nor used, or purchase Jonah crabs. Vessels would Samuel D. Rauch III, in trade, barter or sale; recreational be required to obtain a permit that Deputy Assistant Administrator for fishing vessels; and vessels that fish authorizes the retention and sale of Regulatory Programs, National Marine exclusively in state waters for American Jonah crabs and may be required to Fisheries Service. lobster or Jonah crab. report catch via the Federal vessel trip For the reasons set out in the report. Dealers wishing to purchase preamble, 50 CFR part 697 is proposed * * * * * Jonah crabs would be required to obtain to be amended as follows: ■ 4. In § 697.5, revise paragraph (a) to a Federal Jonah crab permit and report read as follows: PART 697—ATLANTIC COASTAL their purchases weekly, as required for § 697.5 Operator permits. other Federally-managed species. These FISHERIES COOPERATIVE (a) General. Any operator of a vessel proposed measures would impose MANAGEMENT issued a Federal limited access several new compliance requirements; ■ American lobster permit under however, the proposed measures are 1. The authority citation for part 697 § 697.4(a), or any operator of a vessel of already in place for states and are, by continues to read as follows: the United States that fishes for, design, are intended to be consistent Authority: 16 U.S.C. 5101 et seq. possesses, or lands American lobsters or with past fishing practices and market ■ 2. In § 697.2: Jonah crabs, harvested in or from the requirements. ■ a. Delete definitions for ‘‘berried EEZ must have been issued and carry on Duplication, Overlap or Conflict With female’’ and ‘‘carapace length;’’ and board a valid operator’s permit issued Other Federal Rules ■ b. Add new definitions for ‘‘berried under this section. This requirement female Jonah crab,’’ ‘‘berried female This action does not duplicate, does not apply to: Charter, head, and lobster,’’ ‘‘Jonah crab’’, ‘‘Jonah crab overlap, or conflict with any other commercial dive vessels that possess six carapace width’’, and ‘‘lobster carapace Federal laws. or fewer American lobsters per person This proposed rule contains a length’’, in alphabetical order. aboard the vessel if said lobsters are not collection-of-information requirement The deletions and additions read as intended for nor used in trade, barter or subject to review and approval by OMB follows: sale; recreational fishing vessels; and under the Paperwork Reduction Act § 697.2 Definitions. vessels that fish exclusively in state waters for American lobster. (PRA). This requirement has been * * * * * * * * * * submitted to OMB for approval. Berried female Jonah crab means a ■ 5. In § 697.6, revise paragraphs (a), Following are estimated averages for the female Jonah crab bearing eggs attached (n)(1) introductory text, (n)(1)(i), public reporting burden for dealer to the abdomen. permitting and dealer reporting: (n)(1)(ii)(B), (n)(2), and (s) to read as Berried female lobster means a female 1. Initial Federal dealer permit follows: application, OMB# 0648–0202, (15 American lobster bearing eggs attached minutes/response); and to the abdominal appendages. § 697.6 Dealer permits. 2. Dealer report of landings by * * * * * (a) Any person who receives, for a species, OMB# 0648–0229, (4 minutes/ Jonah crab means Cancer borealis. commercial purpose (other than solely response). Jonah crab carapace width is the for transport on land), American lobster Public comment is sought regarding straight line measurement across the or Jonah crabs from the owner or whether this proposed collection of widest part of the shell including the operator of a vessel issued a valid information is necessary for the proper tips of the posterior-most, longest spines permit under this part, or any person

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who receives, for a commercial purpose New Hampshire, Massachusetts, contact with any substance capable of (other than solely for transport on land), Connecticut, Rhode Island, New York, removing lobster eggs. American lobster or Jonah crabs, New Jersey, Pennsylvania, Maryland, * * * * * managed by this part, must have been Delaware, Virginia and North Carolina), (xxix) Retain on board, land, or issued, and have in his/her possession, only purchases or receipts of species possess at or after landing, whole a valid permit issued under this section. managed by the Northeast Region under American lobsters that exceed the * * * * * this part (American lobster or Jonah maximum lobster carapace length (n) Lobster and Jonah crab dealer crab), and part 648 of this chapter, must standard specified in § 697.20(b). All recordkeeping and reporting be reported. Other reporting American lobsters will be subject to requirements. (1) Detailed report. All requirements may apply to those species inspection and enforcement action, up Federally-permitted lobster dealers and not managed by the Greater Atlantic to and including the time when a dealer Jonah crab dealers, and any person Region, which are not affected by the receives or possesses American lobsters acting in the capacity of a dealer, must provision; and for a commercial purpose. submit to the Regional Administrator or * * * * * * * * * * to the official designee a detailed report (2) System requirements. All persons (g) Jonah crab. (1) In addition to the of all fish purchased or received for a required to submit reports under prohibitions specified in § 600.725 of commercial purpose, other than solely paragraph (n)(1) of this section are this chapter, it is unlawful for any for transport on land, within the time required to have the capability to person owning or operating a vessel periods specified in paragraph (q) of this transmit data via the internet. To ensure issued a Federal limited access section, or as specified in § 648.7(a)(1)(f) compatibility with the reporting system American lobster permit under § 697.4 of this chapter, whichever is most and database, dealers are required to or a vessel or person holding a valid restrictive, by one of the available utilize a personal computer, in working State of Maine American lobster permit electronic reporting mechanisms condition, that meets the minimum or license and fishing under the approved by NMFS, unless otherwise specifications identified by NMFS. provisions of and under the areas directed by the Regional Administrator. * * * * * designated in § 697.24 to do any of the The following information, and any (s) Additional dealer reporting following: other information required by the requirements. All persons issued a (i) Retain on board, land, or possess Regional Administrator, must be lobster dealer permit or a Jonah crab at or after landing, Jonah crabs that fail provided in each report: dealer permit under this part are subject to meet the minimum Jonah crab (i) Required information. All dealers to the reporting requirements set forth carapace width standard specified in issued a Federal lobster or Jonah crab in paragraph (n) of this section, as well § 697.20(h)(1). All Jonah crabs will be dealer permit under this part must as §§ 648.6 and 648.7 of this chapter, subject to inspection and enforcement provide the following information, as whichever is most restrictive. action, up to and including the time well as any additional information as ■ 6. In § 697.7, revise paragraphs when a dealer receives or possesses applicable under § 648.7(a)(1)(i) of this (c)(1)(i), (iii), (iv), and (xxix), and add Jonah crabs for a commercial purpose. chapter: Dealer name; dealer permit (ii) Retain on board, land, or possess paragraph (g), to read as follows: number; name and permit number or any berried female Jonah crabs specified name and hull number (USCG § 697.7 Prohibitions. in § 697.20(h)(2). documentation number or state * * * * * (iii) Remove eggs from any berried registration number, whichever is (c) American lobster. female Jonah crab, land, or possess any applicable) of vessel(s) from which fish such Jonah crab from which eggs have (1) * * * are transferred, purchased or received been removed. No person owning or for a commercial purpose; trip identifier (i) Retain on board, land, or possess operating a vessel issued a Federal for each trip from which fish are at or after landing, whole American limited access American lobster permit purchased or received from a lobsters that fail to meet the minimum under § 697.4 or a vessel or person commercial fishing vessel permitted lobster carapace length standard holding a State of Maine American under part 648 of this chapter with a specified in § 697.20(a). All American lobster permit or license and fishing mandatory vessel trip reporting lobsters will be subject to inspection under the provisions of and under the requirement; date(s) of purchases and and enforcement action, up to and areas designated in § 697.24 may land or receipts; units of measure and amount including the time when a dealer possess any Jonah crab that has come in by species (by market category, if receives or possesses American lobsters contact with any substance capable of applicable); price per unit by species (by for a commercial purpose. removing crab eggs. market category, if applicable) or total (ii) * * * (iv) Sell, transfer, or barter or attempt value by species (by market category, if (iii) Retain on board, land, or possess to sell, transfer, or barter to a dealer any applicable); port landed; cage tag any berried female lobster specified in Jonah crabs, unless the dealer has a numbers for surfclams and ocean § 697.20(d). valid Federal Dealer’s Permit issued quahogs, if applicable; disposition of the (iv) Remove eggs from any berried under § 697.6. seafood product; and any other female lobster, land, or possess any such (v) Fish for, take, catch, or harvest information deemed necessary by the lobster from which eggs have been Jonah crabs on a fishing trip in or from Regional Administrator. If no fish are removed. No person owning or the EEZ by a method other than traps, purchased or received during a operating a vessel issued a Federal in excess of up to 1,000 crabs per trip, reporting week, a report so stating must limited access American lobster permit unless otherwise restricted by be submitted. under § 697.4 or a vessel or person § 697.7(g)(2)(i)(C) of this chapter. (ii) * * * holding a State of Maine American (vi) Possess, retain on board, or land (A) * * * lobster permit or license and fishing Jonah crabs by a vessel with any non- (B) When purchasing or receiving fish under the provisions of and under the trap gear on board capable of catching from a vessel landing in a port located areas designated in § 697.24 may land or Jonah crabs, in excess of up to 1,000 outside of the Northeast Region (Maine, possess any lobster that has come in crabs per trip, unless otherwise

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restricted by § 697.7(g)(2)(i)(C) of this possession of a valid dealer’s permit prior to the time when those Jonah crabs chapter. issued under § 697.6. are landed, or are received or possessed (vii) Transfer or attempt to transfer (v) Purchase, possess, or receive for by a dealer for the first time, is subject Jonah crabs from one vessel to another commercial purposes, or attempt to to all of the prohibitions specified in vessel. purchase or receive for commercial paragraph (g) of this section, unless the (2) In addition to the prohibitions purposes, as, or in the capacity of, a Jonah crabs were harvested by a vessel specified in § 600.725 of this chapter dealer, Jonah crabs caught by a vessel without a Federal limited access and the prohibitions specified in other than one issued a valid Federal American lobster permit and that fishes paragraph (g)(1) of this section, it is limited access American lobster permit for Jonah crabs exclusively in state unlawful for any person to do any of the under § 697.4, or one holding or owned waters; or are from a charter, head, or following: or operated by one holding a valid State commercial dive vessel that possesses or (i) Retain on board, land, or possess of Maine American lobster permit or possessed 50 or fewer Jonah crabs per Jonah crabs unless: license and fishing under the provisions person aboard the vessel and the Jonah (A) The Jonah crabs were harvested by of and in the areas designated in crabs are not intended for sale, trade, or a vessel that has been issued and carries § 697.24, unless the Jonah crabs were barter; or are from a recreational fishing on board a valid Federal limited access harvested by a vessel without a Federal vessel. American lobster permit under § 697.4; limited access American lobster permit (ii) Jonah crabs that are possessed, or or and that fishes for Jonah crabs landed at or prior to the time when the (B) The Jonah crabs were harvested in exclusively in state waters. Jonah crabs are received by a dealer, or state waters by a vessel without a valid (vi) Make any false statement, oral or Jonah crabs that are possessed by a Federal limited access American lobster written, to an authorized officer, dealer, are presumed to have been permit; or concerning the taking, catching, harvested from the EEZ or by a vessel (C) The Jonah crabs were harvested by harvesting, landing, purchase, sale, or with a Federal limited access American a charter boat, head boat, or commercial transfer of any Jonah crabs. lobster permit. A preponderance of all dive vessel that possesses 50 or fewer (vii) Violate any provision of this part, submitted evidence that such Jonah Jonah crabs per person on board the the ACFCMA, the Magnuson-Stevens crabs were harvested by a vessel vessel (including captain and crew) and Act, or any regulation, permit, or without a Federal limited access the Jonah crabs are not intended to be, notification issued under the ACFCMA, American lobster permit and fishing or are not, traded, bartered, or sold; or the Magnuson-Stevens Act, or these exclusively for Jonah crabs in state or (D) The Jonah crabs were harvested regulations. foreign waters will be sufficient to rebut for recreational purposes by a (viii) Retain on board, land, or possess this presumption. recreational fishing vessel; or any Jonah crabs harvested in or from the (iii) The possession of egg-bearing (E) The Jonah crabs were harvested by EEZ in violation of § 697.20. female Jonah crabs in violation of the a vessel or person holding a valid State (ix) Ship, transport, offer for sale, sell, requirements set forth in § 697.20(h)(1) of Maine American lobster permit or or purchase, in interstate or foreign or Jonah crabs that are smaller than the license and is fishing under the commerce, any whole live Jonah crabs minimum sizes set forth in provisions of and in the areas in violation of § 697.20. § 697.20(h)(2), will be prima facie designated in § 697.24. (x) Violate any terms of a letter evidence that such Jonah crabs were (ii) Sell, barter, or trade, or otherwise authorizing exempted fishing pursuant taken or imported in violation of these transfer, or attempt to sell, barter, or to § 697.22 or to fail to keep such letter regulations. A preponderance of all trade, or otherwise transfer, for a aboard the vessel during the time period submitted evidence that such Jonah commercial purpose, any Jonah crabs of the exempted fishing. crabs were harvested by a vessel not from a vessel, unless the vessel has been (xi) Possess, deploy, fish with, haul, holding a permit under this part and issued a valid Federal limited access harvest Jonah crabs from, or carry fishing exclusively within state or American lobster permit under § 697.4, aboard a vessel any lobster trap gear on foreign waters will be sufficient to rebut or the Jonah crabs were harvested by a a fishing trip in the EEZ on a vessel that the presumption. vessel without a valid Federal limited fishes for, takes, catches, or harvests ■ 7. In § 697.17, revise paragraphs (a), access American lobster permit that Jonah crabs by a method other than (b), and (c), and add paragraphs (d), (e), fishes for Jonah crabs exclusively in lobster traps. and (f) to read as follows: state waters or unless the vessel or (xii) Fish for, take, catch, or harvest person holds a valid State of Maine Jonah crabs on a fishing trip in the EEZ § 697.17 Non-Trap Harvest Restrictions. American lobster permit or license and by a method other than traps, in excess (a) Non-trap lobster landing limits. In that is fishing under the provisions of of up to 1,000 crabs per trip, unless addition to the prohibitions set forth in and in the areas designated in § 697.24. otherwise restricted by § 600.725 of this chapter, it is unlawful (iii) To be, or act as, an operator of a § 697.7(g)(2)(i)(C) of this chapter. for a vessel with any non-trap gear on vessel fishing for or possessing Jonah (xiii) Possess, retain on board, or land board capable of catching lobsters, or, crabs in or from the EEZ, or issued a Jonah crabs by a vessel with any non- that fishes for, takes, catches, or harvests Federal limited access American lobster trap gear on board capable of catching lobster on a fishing trip in or from the permit under § 697.4, without having lobsters, in excess of up to 1,000 crabs EEZ by a method other than traps, to been issued and possessing a valid per trip, unless otherwise restricted by possess, retain on board, or land, in operator’s permit under § 697.5. § 697.7(g)(2)(i)(C) of this chapter. excess of 100 lobsters (or parts thereof), (iv) Purchase, possess, or receive for (xiv) Transfer or attempt to transfer for each lobster day-at-sea or part of a a commercial purpose, or attempt to Jonah crabs from one vessel to another lobster day-at-sea, up to a maximum of purchase, possess, or receive for a vessel. 500 lobsters (or parts thereof) for any commercial purpose, as, or in the (xv) Fail to comply with dealer record one trip, unless otherwise restricted by capacity of, a dealer, Jonah crabs taken keeping and reporting requirements as § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), from or harvested by a fishing vessel specified in § 697.6. (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), issued a Federal limited access (3) Presumptions. (i) Any person (b)(3)(ii) or § 697.7(c)(2)(i)(C) of this American lobster permit, unless in possessing, or landing Jonah crabs at or chapter.

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(b) Trap prohibition for non-trap (4) The minimum lobster carapace (5) The maximum lobster carapace lobster harvesters. All persons that fish length for all American lobsters landed, length for all American lobster for, take, catch, or harvest lobsters on a harvested or possessed by vessels issued harvested in or from EEZ Offshore fishing trip in or from the EEZ are a Federal limited access American Management Area 3 or the Outer Cape prohibited from transferring or lobster permit fishing in or electing to Lobster Management Area is 63⁄4 inches attempting to transfer American lobster fish in EEZ Nearshore Management Area (17.15 cm). from one vessel to another vessel. 2, 4, 5 and the Outer Cape Lobster (6) The maximum lobster carapace (c) Trap prohibition for non-trap Management Area is 3 33⁄8 inches (8.57 length for all American lobster landed, lobster vessels. Any vessel on a fishing cm). harvested, or possessed by vessels trip in the EEZ that fishes for, takes, (5) Through April 30, 2015, the issued a Federal limited access catches, or harvests lobster by a method minimum lobster carapace length for all American lobster permit fishing in or other than traps may not possess on American lobsters harvested in or from electing to fish in EEZ Offshore board, deploy, fish with, or haul back the Offshore Management Area 3 is 31⁄2 Management Area 3 or the Outer Cape traps. inches (8.89 cm). Lobster Management Area is 63⁄4 inches (d) Non-trap Jonah crab landing (6) Through April 30, 2015, the (17.15 cm). limits. In addition to the prohibitions set minimum lobster carapace length for all (c) * * * forth in § 600.725 of this chapter, it is American lobsters landed, harvested or (d) Berried female lobsters. unlawful for a vessel with any non-trap possessed by vessels issued a Federal (1) Any berried female lobster gear on board that fishes for, takes, limited access American lobster permit harvested in or from the EEZ must be catches, or harvests Jonah crabs on a fishing in or electing to fish in EEZ returned to the sea immediately. If any 1 fishing trip in or from the EEZ by a Offshore Management Area 3 is 3 ⁄2 berried female lobster is harvested in or method other than traps, to possess, inches (8.89 cm). from the EEZ Nearshore Management retain on board, or land, in excess of up (7) Effective May 1, 2015, the Areas 1, 2, 4, or 5, or in or from the EEZ to 1,000 Jonah crabs (or parts thereof), minimum lobster carapace length for all Offshore Management Area 3, north of for each trip, unless otherwise restricted American lobsters harvested in or from 42°30′ North latitude, it must be v- the Offshore Management Area 3 is notched before being returned to sea by § 697.7 of this chapter. 17 (e) Restrictions on fishing for, 3 ⁄32 inches (8.97 cm). immediately. (8) Effective May 1, 2015, the possessing, or landing fish other than (2) Any berried female lobster minimum lobster carapace length for all Jonah crabs. Vessels are prohibited from harvested or possessed by a vessel American lobsters landed, harvested, or possessing or landing Jonah crabs in issued a Federal limited access lobster possessed by vessels issued a Federal excess of 50 percent, by weight, of all permit must be returned to the sea limited access American lobster permit other species on board. immediately. If any berried female fishing in or electing to fish in EEZ (f) Trap prohibition for non-trap lobster is harvested in or from the EEZ Offshore Management Area 3 is 317⁄32 Jonah crab harvesters. All persons that Nearshore Management Areas 1, 2, 4, or inches (8.97 cm). 5, or in or from the EEZ Offshore fish for, take, catch, or harvest Jonah (9) No person may ship, transport, Management Area 3, north of 42°30′ crabs on a fishing trip in or from the offer for sale, sell, or purchase, in North latitude, it must be v-notched EEZ are prohibited from transferring or interstate or foreign commerce, any before being returned to sea attempting to transfer Jonah crabs from whole live American lobster that is immediately. one vessel to another vessel. smaller than the minimum size (3) No vessel, or owner, operator or * * * * * specified in paragraph (a) of this person aboard a vessel issued a Federal ■ 8. In § 697.20, revise paragraph (a), (b) section. and (d), and add paragraph (h) to read (b) Maximum lobster carapace length. limited access American lobster permit as follows: (1) The maximum lobster carapace may possess any berried female lobster. length for all American lobster (4) No person may possess, ship, § 697.20 Size, harvesting and landing harvested in or from the EEZ Nearshore transport, offer for sale, sell, or requirements. Management Area 1 is 5 inches (12.7 purchase, in interstate or foreign (a) Minimum lobster carapace length. cm). commerce, any berried female lobster as (1) The minimum lobster carapace (2) The maximum lobster carapace specified in paragraph (d) of this length for all American lobsters length for all American lobster landed, section. harvested in or from the EEZ Nearshore harvested, or possessed by vessels * * * * * Management Area 1 or the EEZ issued a Federal limited access (h) Jonah crabs. (1) Minimum Jonah Nearshore Management Area 6 is 31⁄4 American lobster permit fishing in or crab carapace width. The minimum inches (8.26 cm). electing to fish in the EEZ Nearshore Jonah crab carapace width for all Jonah (2) The minimum lobster carapace Management Area 1 is 5 inches (12.7 crabs harvested in or from the EEZ 43⁄4 length for all American lobsters landed, cm). inches (12.065 inches). harvested, or possessed by vessels (3) The maximum lobster carapace (2) Berried female Jonah crabs. (A) issued a Federal limited access length for all American lobster Any berried female Jonah crab harvested American lobster permit fishing in or harvested in or from the EEZ Nearshore in or from the EEZ must be returned to electing to fish in the Nearshore Management Areas 2, 4, 5, and 6 is 51⁄4 the sea immediately. Management Area 1 or the EEZ inches (13.34 cm). (B) No vessel, or owner, operator or Nearshore Management Area 6 is 31⁄4 (4) The maximum lobster carapace person aboard a vessel issued a Federal inches (8.26 cm). length for all American lobster landed, limited access American lobster permit (3) The minimum lobster carapace harvested, or possessed by vessels may possess any berried female Jonah length for all American lobsters issued a Federal limited access crab. harvested in or from the EEZ Nearshore American lobster permit fishing in or (C) No person may possess, ship, Management Area 2, 4, 5 and the Outer electing to fish in one or more of EEZ transport, offer for sale, sell, or Cape Lobster Management Area is 33⁄8 Nearshore Management Areas 2, 4, 5, purchase, in interstate or foreign inches (8.57 cm). and 6 is 51⁄4 inches (13.34 cm). commerce, any berried female Jonah

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crab as specified in paragraph (d) of this caught fish with no more than 15 SUPPLEMENTARY INFORMATION: The CPS section. percent of any load being live bait from fishery in the U.S. exclusive economic (3) Removal of eggs. (A) No person the overfished stock. The intent of zone off the West Coast is managed may remove, including, but not limited Amendment 17 is to allow the Council under the CPS FMP. The Pacific Fishery to, the forcible removal and removal by flexibility in recommending restrictions Management Council (Council) chemicals or other substances or on the live bait portion of the fishery developed the CPS FMP pursuant to the liquids, extruded eggs attached to the when a stock is overfished. NMFS will Magnuson-Stevens Fishery abdominal appendages from any female consider public comments in deciding Conservation and Management Act Jonah crab. whether to approve, disapprove, or (Magnuson-Stevens Act), 16 U.S.C. 1801 (B) No owner, operator or person partially approve Amendment 17. et seq. The Secretary of Commerce aboard a vessel issued a Federal limited DATES: Comments on Amendment 17 approved the CPS FMP and access American lobster permit may must be received by May 21, 2019. implemented the provisions of the plan remove, including but not limited to, ADDRESSES: You may submit comments through regulations at 50 CFR part 660, the forcible removal, and removal by on this document, identified by NOAA– subpart I. Species managed under the chemicals or other substances or NMFS–2018–0137, by any of the CPS FMP include Pacific sardine, liquids, extruded eggs attached to the following methods: Pacific mackerel, jack mackerel, abdominal appendages from any female • Electronic Submissions: Submit all northern anchovy, market squid and Jonah crab. electronic public comments via the krill. The Magnuson-Stevens Act requires (C) No person may possess, ship, Federal e-Rulemaking Portal. Go to each regional fishery management transport, offer for sale, sell, or www.regulations.gov/#!docketDetail;D= council to submit any amendment to an purchase, in interstate or foreign NOAA-NMFS-2018-0137, click the FMP to NMFS for review and approval, commerce, any whole live Jonah crab ‘‘Comment Now!’’ icon, complete the disapproval, or partial approval. The that bears evidence of the removal of required fields, and enter or attach your Magnuson-Stevens Act also requires extruded eggs from its abdominal comments. that NMFS, upon receiving an appendages as specified in paragraph (e) • Mail: Submit written comments to amendment to an FMP, publish of this section. Barry A. Thom, Regional Administrator, notification in the Federal Register that * * * * * West Coast Region, NMFS, 501 W Ocean the amendment is available for public [FR Doc. 2019–05423 Filed 3–21–19; 8:45 am] Blvd., Ste. 4200, Long Beach, CA review and comment. NMFS will BILLING CODE 3510–22–P 90802–4250; Attn: Lynn Massey. consider the public comments received Instructions: Comments must be during the comment period described submitted by one of the above methods above in determining whether to DEPARTMENT OF COMMERCE to ensure that the comments are approve, disapprove, or partially received, documented, and considered National Oceanic and Atmospheric approve Amendment 17. by NMFS. Comments sent by any other Administration The live bait fishery provides live bait method, to any other address or to anglers and commercial vessels in individual, or received after the end of 50 CFR Part 660 California, Oregon, and Washington, the comment period, may not be making it an extremely important RIN 0648–XG660 considered. All comments received are component of the West Coast’s a part of the public record and will recreational fishing community, as well Fisheries Off West Coast States; generally be posted for public viewing Coastal Pelagic Species Fisheries; as some commercial fishery sectors such on www.regulations.gov without change. as the albacore tuna fishery. At the June Amendment 17 to the Coastal Pelagic All personal identifying information Species Fishery Management Plan 2018 Council meeting, in anticipation (e.g., name, address, etc.) submitted that the Northern subpopulation of AGENCY: National Marine Fisheries voluntarily by the sender will be Pacific sardine might be declared Service (NMFS), National Oceanic and publicly accessible. Do not submit overfished if there were even a minor Atmospheric Administration (NOAA), confidential business information, or decline in the 2019 biomass estimate, Commerce. otherwise sensitive or protected the Council initiated an FMP information. NMFS will accept ACTION: Announcement of availability of amendment to address the prosecution fishery management plan amendment; anonymous comments (enter ‘‘N/A’’ in of the live bait sector of the CPS fishery request for comments. the required fields if you wish to remain (primarily consisting of Pacific sardine anonymous). and northern anchovy) after a stock is SUMMARY: NMFS announces that the Copies of the draft Coastal Pelagic declared overfished. Additionally, Pacific Fishery Management Council Species (CPS) Fishery Management Plan several industry members offered has submitted Amendment 17 to the (FMP) as amended through Amendment testimony at the June and September Coastal Pelagic Species Fishery 17, with notations showing how 2018 Council meetings about probable Management Plan for review by the Amendment 17 would change the FMP, adverse impacts to the live bait fishery Secretary of Commerce. Amendment 17 if approved, are available via the if Pacific sardine were to become would remove the pre-specified Federal eRulemaking Portal: http:// overfished in the 2019–2020 fishing incidental landing limit that would www.regulations.gov, docket NOAA– year. At the November 2018 meeting, become effective for live bait were a NMFS–2018–0137, or by contacting the the Council took final action and stock managed under the Fishery Pacific Fisheries Management Council, approved Amendment 17 to the CPS Management Plan to become overfished. 7700 NE Ambassador Place, Suite 101, FMP for submission to the Secretary for Currently, if a coastal pelagic species Portland, OR 97220–1384. review under section 304(a) of the stock were to become overfished, and FOR FURTHER INFORMATION CONTACT: Magnuson-Stevens Act, 16 U.S.C. even prior to adoption of a rebuilding Lynn Massey, Sustainable Fisheries 1854(a). plan, the Fishery Management Plan Division, NMFS, at 562–436–2462; or Amendment 17 would remove the would automatically limit retention of Kerry Griffin, Pacific Fishery pre-specified incidental catch limit in live bait of that stock to incidentally Management Council, at 503–820–2280. the live bait fishery that would become

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