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quota has been reached, or is projected notice and opportunity for public prepared for this action at: National to be reached, by filing a notification comment pursuant to the authority set Marine Fisheries Service, 55 Great with the Office of the Federal Register. forth in 5 U.S.C. 553(b)(B), because prior Republic Drive, Gloucester, MA 01930– On February 8, 2019, NMFS determined notice and opportunity for public 2276 or by calling (978) 281–9315. that the 2018–2019 commercial gillnet comment on this temporary rule is FOR FURTHER INFORMATION CONTACT: quota had been reached, and closed the unnecessary. Such procedure is Allison Murphy, Fishery Policy Analyst, commercial gillnet component for the unnecessary because the rule (978) 281–9122. remainder of the 2018–2019 fishing year implementing the commercial ACL and SUPPLEMENTARY INFORMATION: (84 FR 3723, February 13, 2019). the associated AM for the commercial NMFS’ most recent landings data for ACL reduction has already been subject Background the 2018–2019 fishing year indicate that to public notice and comment, and all Under its process for managing the commercial gillnet component that remains is to notify the public of species that are managed by both the exceeded the 585,900-lb (265,760-kg) the commercial ACL reduction. states and NMFS, the Atlantic States quota by 45,357 lb (20,573 kg). The AM Authority: 16 U.S.C. 1801 et seq. Marine Fisheries Commission makes a specified in 50 CFR 622.388(a)(1)(iii) Dated: November 6, 2019. management decision, and then states if commercial landings of king recommends that the Federal Jennifer M. Wallace, mackerel caught by run-around gillnet government enact regulations to gear exceed the commercial gillnet ACL, Acting Director, Office of Sustainable complement these measures when Fisheries, National Marine Fisheries Service. then NMFS will reduce the commercial appropriate. The Atlantic Coastal gillnet ACL in the following fishing year [FR Doc. 2019–24516 Filed 11–12–19; 8:45 am] Fisheries Cooperative Management Act by the amount of the overage. BILLING CODE 3510–22–P (16 U.S.C. 5101 et seq.) directs the The 2019–2020 commercial gillnet Federal government to support the ACL for Gulf king mackerel in the management efforts of the Commission southern zone is 575,400 lb (260,997 kg) DEPARTMENT OF COMMERCE and, to the extent the Federal (50 CFR 622.384(b)(1)(iii)(B)). The government seeks to regulate a fishing season is currently closed from National Oceanic and Atmospheric Commission species, to develop July 1, 2019, through January 20, 2020, Administration regulations that are compatible with the and will open at 6 a.m. on January 21, Commission’s Interstate Fishery 2020. The 2019–2020 fishing year runs 50 CFR Part 648 Management Plan and consistent with through June 30, 2020. [Docket No. 191023–0070] Consistent with the AM, NMFS the Magnuson-Stevens Fishery reduces the 2019–2020 commercial RIN 0648–BF43 Conservation and Management Act’s gillnet quota by the amount of the 2018– National Standards. 2019 commercial gillnet ACL overage to Fisheries of the Northeastern United Historically, Jonah crabs (Cancer 530,043 lb (240,423 kg). If king mackerel States; Jonah Crab Fishery; Interstate borealis) have been harvested as an commercial gillnet landings do not Fishery Management Plan for Jonah incidental catch in the American lobster exceed the ACL in the 2019–2020 Crab trap fishery. Lobster harvesters did not fishing year, then in the 2020–2021 target Jonah crabs but sometimes AGENCY: National Marine Fisheries retained and sold crabs caught while fishing year, the component’s Service (NMFS), National Oceanic and commercial quota will again be 575,400 lobster fishing. Eventually, the Jonah Atmospheric Administration (NOAA), crab market expanded, and lobster lb (260,997 kg) as specified in 50 CFR Commerce. 622.384(b)(1)(iii)(B). harvesters began modifying fishing ACTION: Final rule. practices to target Jonah crabs. Landings Classification have dramatically increased from nearly SUMMARY: We, the National Marine 3 million lb (1,361 mt) in 1994 to a high The Regional Administrator for the Fisheries Service, are implementing NMFS Southeast Region has determined of over 17 million lb (7,711 mt) in 2015. regulations for the Jonah crab fishery in The Commission initiated this temporary rule is necessary for the Federal waters based on Atlantic States conservation and management of Gulf management of Jonah crab out of Marine Fisheries Commission concern for its future sustainability. king mackerel and is consistent with the recommendations. This action is FMP, the Magnuson-Stevens Act, and Fishery managers became concerned by necessary to enact measures that the rapid increase in Jonah crab other applicable laws. provide stock protections to a This action is taken under 50 CFR landings, particularly because the previously unmanaged fishery. The impacts of the significantly increased 622.8(b) and 622.388(a)(1)(iii) and is action is intended to ensure exempt from review under Executive fishing pressure are not clear. There is compatibility between state and Federal no stock assessment for Jonah crab and Order 12866. Jonah crab management measures, These measures are exempt from the no biological reference points, so we do consistent with the Commission’s procedures of the Regulatory Flexibility not know whether the stock is Interstate Fishery Management Plan for Act because the temporary rule is issued overfished or if overfishing is occurring. Jonah Crab and the intent of the Atlantic without prior notice and opportunity for Managers fear that if overfishing does Coastal Fisheries Cooperative public comment. occur, that it could continue unabated, This action responds to the best Management Act. because the only regulatory protections scientific information available. The DATES: This rule is effective December for Jonah crabs are imposed by lobster NOAA Assistant Administrator for 12, 2019. fishery regulations. At present, the Fisheries (AA) finds that the need to ADDRESSES: You may request copies of Jonah crab fishery is unregulated in immediately implement this action to the Final Environmental Impact Federal waters; any unpermitted vessel reduce the commercial ACL for the Statement (FEIS), including the can fish for any amount of crabs, with fishery component that uses run-around Regulatory Impact Review (RIR) and the unlimited amounts of gear. Prior to gillnet gear constitutes good cause to Initial Regulatory Flexibility Analysis development of the Commission’s Jonah waive the requirements to provide prior (IRFA), or the Record of Decision (ROD) Crab Plan, some states attempted to

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implement some control over state of management actions. The goal of the species/jonah-crab. The Commission Jonah crab harvesters (e.g., limiting Commission’s Jonah Crab Plan is ‘‘to formally recommended that the Jonah crab harvest to those with a valid promote conservation, reduce the Secretary of Commerce implement lobster permit), but these regulations possibility of recruitment failure, and complementary Federal measures to the were often inconsistent between the allow the full utilization of the resource Jonah Crab Plan on September 8, 2015. states. The market provided some by the industry.’’ In general, the plan The Commission amended the Jonah additional stock protection. Only crabs attempted to maintain the fishery as it Crab Plan to include additional above a 5-inch (12.7-cm) carapace existed prior to approval of the plan in measures and the Secretary to include length were marketable and, thus, crabs 2015 and cap fishing effort at the 2015 those additional measures as part of the with a smaller carapace width were not levels. For example, this involved Federal rulemaking process on February harvested and returned to the sea. establishing a fishery that was limited to 8, 2017. The Commission’s American Lobster and prosecuted by lobster trap Approved Measures Management Board manages the Jonah harvesters. Shortly after the Commission crab fishery because of the link between approved the plan, the Commission This rule approves the following the lobster and Jonah crab fisheries. The initiated and approved Addenda I and measures (Table 1) which are consistent Commission approved an Interstate II, refining incidental catch limits and with the Commission’s Fishery Management Plan for Jonah claw-only measures. These documents recommendations in the Jonah Crab Crab in August 2015, following its are available on the Commission’s Plan and its addenda. Measures are public process for review and approval website at: http://www.asmfc.org/ discussed in greater detail below.

Commercial Measures Jonah crab fishing in the future. lobster permitting structure is Analysis of Federal and state harvest appropriate. 1. Permitting data completed during development of Commercial non-trap lobster permit Only vessels with Federal lobster the Commission’s plan identified that holders may land an incidental amount permits can fish for and harvest Jonah all Jonah crab trap harvesters held an of Jonah crabs (meeting both the crab. As a result, there is no need to American lobster permit. In multiple incidental limit and incidental separately qualify or issue a Jonah crab- advance notices of proposed rulemaking definition, discussed below) (see Table specific permit. Tying Jonah crab access (80 FR 31347, June 2, 2015; 81 FR 1). As with trap harvesters, non-trap to the lobster permits allows managers 70658, October 13, 2016), we requested harvesters must comply with all to take advantage of existing lobster information to identify any Jonah crab applicable lobster regulations. regulations to protect Jonah crabs harvesters that did not hold a lobster Charter/party-permitted vessels and particularly because the Jonah crab permit, which would inform our recreational anglers may possess Jonah fishery has historically been prosecuted proposal to link Jonah crab harvest to crabs but must comply with the by lobster permit holders using lobster the existing lobster permit structure. We recreational requirements (see Table 1). traps. The Jonah crab fishery will have received no comments in response to Finally, recreational anglers may not set trap limits and gear configuration these notices identifying Jonah crab trap gear. requirements because the pots used are harvesters that did not have a lobster 2. Minimum Size considered lobster traps under our permit. Since that time, one state has regulations at 50 CFR 697.2 and subject identified Jonah crab-only harvesters in We are implementing a minimum to all the restrictions required by our state waters, and there is no evidence carapace width size of 43⁄4 inches lobster regulations set forth in 50 CFR that these Jonah crab-only harvesters (12.065 cm). The purpose of a minimum part 697. participated in the fishery in federal size restriction is to protect crabs until This action is not expected to prevent waters. We concluded that linking Jonah they mature and have an opportunity to historical Jonah crab harvesters from crab harvest to the existing American reproduce. This size restriction should

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have a negligible impact on the fishing between 2010 and 2014 landed more reporting requirements for all other industry because Jonah crabs smaller than 900 lb (408.2 kg). Therefore, a regionally managed commercial than 43⁄4 inches (12.065 cm) have not Federal incidental catch of up to 1,000 fisheries, including lobster. The Jonah been traditionally marketable and crabs provides consistency between Crab Plan specified information to be therefore, were not harvested. The Federal and state regulations. collected in dealer reports. We are Commission’s Jonah Crab Plan 5. Incidental Catch Definition approving the collection of the Development Team (PDT) attempted to Commission’s recommended identify Jonah crab size at maturity and We are implementing a requirement information. We will require the same found that, ‘‘data suggests that both that Jonah crabs cannot comprise more information currently required in other sexes reach near 100 percent maturity than 50 percent, by weight, of all fisheries, as well as some additional by 3 35/64 inches (9.0 cm).’’ We are species kept onboard a commercial non- information. These requirements implementing the Commission- trap permitted vessel. This is a second include: Dealer name; dealer permit recommended minimum carapace width requirement governing the incidental number; name and permit number or because it has biological benefits (i.e., possession of Jonah crabs that name and hull number (U.S. Coast ensures that the majority of crabs have complements the maximum incidental Guard documentation number or state the opportunity to reproduce) and is catch limit of 1,000 crabs per trip. To registration number, whichever is enforceable. Approving the same size further ensure that the incidental catch applicable) of the vessel from which fish restrictions in this action ensures of Jonah crabs does not expand into a are purchased; trip identifier (vessel trip consistent size restrictions in state and targeted fishery, the Commission report identification number for vessels Federal waters. developed and approved an incidental with mandatory vessel trip reporting catch definition (called a ‘‘bycatch 3. Broodstock Protection requirement); date of purchase; units of definition’’) as part of Addendum II. measure and amount by species (by We are approving a prohibition on Percentage-based incidental catch market category, if applicable); price per retaining egg-bearing female Jonah caps have been used in other regionally unit by species (by market category, if crabs. Approving this prohibition helps managed fisheries and are enforceable. applicable) or total value by species (by to align state and Federal regulations. Therefore, consistent with the market category, if applicable); port We are also prohibiting the removal of Commission’s recommendation and to landed; disposition of the seafood eggs from an egg-bearing female Jonah complement state measures already in product; and any other information crab. While not specifically considered effect, we are approving a requirement deemed necessary by the Regional by the Commission, this measure that, in addition to the incidental catch Administrator. Finally, to facilitate complements the Jonah Crab Plan by limit, Jonah crabs cannot comprise more reporting of all market categories, we are closing a potential enforcement than 50 percent, by weight, of all adding additional species market codes loophole which could allow a harvester species kept onboard a vessel. to the dealer report, which will help to circumvent the prohibition of 6. Mandatory Dealer Reporting more accurately assess Jonah crab possessing egg-bearing female Jonah landings. While this dealer permitting crabs by removing the eggs. Finally, this We are approving a dealer-permitting and reporting program is more prohibition has been an important and requirement and a mandatory dealer- expansive than what is specified in the effective element of our lobster reporting requirement for any dealer Jonah Crab Plan, it is consistent with the regulations, and therefore we think it is purchasing Jonah crabs from federally Commission’s intent and will ensure important to include a similar provision permitted vessels, consistent with all consistency with the dealer reporting for Jonah crabs. other regionally managed species. The Commission did not explicitly requirements for other federally 4. Incidental Catch Limit discuss a permitting program for dealers managed fisheries. We are implementing an incidental purchasing Jonah crabs. Permitting is Recreational Measures catch limit of up to 1,000 crabs per trip necessary to successfully implement a for commercial non-trap lobster permit mandatory dealer-reporting program. 1. Broodstock Protection holders, as recommended in Addendum Therefore, we are approving a We are approving a prohibition on I. The Commission originally approved requirement that a dealer obtain a retaining egg-bearing female Jonah crabs an incidental catch limit of up to 200 Federal Jonah crab dealer permit if that in the recreational fishery, consistent crabs per day and up to 500 crabs per dealer wishes to purchase Jonah crabs with the Commission’s trip which largely mirrored the lobster from a federally permitted lobster recommendation. Development of this incidental catch limit. The PDT permit holder. Due to the overlap of measure occurred in parallel to reviewed available catch information Jonah crab and lobster harvest, our broodstock protection measures for the and determined that the original Jonah analysis shows that the vast majority of commercial fishery. For more Crab Plan limit would have restricted dealers currently purchasing Jonah background, please see Broodstock some past trips which landed more than crabs already have Federal dealer Protection under the Commercial 200 crabs per day or 500 crabs per trip. permits due to the other species Measures heading above. The PDT determined that a limit of purchased, specifically lobster. 1,000 crabs per trip would cover the Requesting an additional fishery in the 2. Recreational Catch Limit majority of past landings from non-trap annual renewal application is not We are approving a recreational Jonah gear. expected to add any additional burden crab harvest limit of 50 whole crabs per Because of the PDT’s findings, the to an applicant. Dealers may begin person, per day. Consistent with the Commission revised the Plan’s requesting this permit once the rule is Commission’s recommendation and to incidental catch limit of up to 1,000 effective. It will be issued and begin complement state measures already in crabs per trip for both non-trap gear and being enforced on January 1, 2020. effect, we are implementing a non-lobster trap gear as part of We are also requiring that all federally recreational catch limit of 50 whole Addendum I. Our catch data corroborate permitted Jonah crab dealers submit crabs per person, per day. Consistent the Commission’s basis for revising the dealer reports electronically, on a with the regulations for recreational incidental catch limit as only three trips weekly basis, consistent with dealer harvest of American lobster, non-trap

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gear must be used to harvest Jonah crab complementary claw fishery measures, Commission developed this addendum recreationally, including diving, but the variety of state regulations to address data gaps from inconsistent charter/party trips, and personal complicates our ability to create reporting and data collection angling. While little information exists complementary Federal regulations. requirements across state and Federal on the recreational fishery, this limit Specifically, it is challenging to issue a agencies. As a result, the recommended balances recreational access to the single Federal regulation that is Jonah crab reporting will be subsumed fishery while restricting future consistent with state landing disposition by the lobster reporting requirements expansion. requirements, when the state regulations that the Commission already made as themselves are inconsistent. Because the part of Addendum XXVI to the Lobster Other Measures Considered by the states can effectively regulate this matter Plan/Addendum III to the Jonah Crab Commission but Not Implemented on shore without complementary Plan. We are currently developing a 1. Landing Disposition Requirements regulations, we are not issuing proposed rule in a separate action to (i.e., Whole Crab vs. Claw Only Fishery) regulations for a landing disposition at consider adopting these expanded this time. As such, states will regulate lobster and Jonah crab harvester We are not imposing a landing crab landing disposition shore-side. We reporting recommendations. We expect disposition requirement at this time. will monitor the effectiveness of these the proposed measures to publish in late Landing disposition requirements, like state regulations to determine whether 2019 and the rule to implement the incidental landing limit, evolved future Federal regulation will be requirements to occur in 2020. during the development of the Jonah necessary. Deferring action on this issue Crab Plan and its addenda. In a first Research Activities is expected to minimize disconnects attempt to capture regional harvesting between state and Federal regulations. Since the Commission’s approval of differences in the Jonah Crab Plan, the the Jonah Crab Plan, several Commission approved a whole crab 2. Mandatory Commercial Harvester organizations have established Jonah fishery with an exemption for Reporting crab research programs focused on the individuals who could prove a history The Commission recommended a 100- research needs identified in the Plan. of claw landings before the June 2, 2015, percent mandatory harvester-reporting Researchers from the Massachusetts control date in the states of New Jersey, program as part of the Jonah Crab Plan Division of Marine Fisheries (MA DMF), Delaware, Maryland, and Virginia. but allowed jurisdictions requiring less the Commercial Fisheries Research During the development of the Jonah than 100 percent of lobster harvester Foundation (CFRF), and the University Crab Plan, we advocated for a whole- reporting to maintain their current of Maryland have requested exempted crab fishery due to biological, programs and extend them to Jonah fishing permits (EFPs), including enforcement, and for better coastwide crab. The Jonah Crab Plan established exemptions from Jonah crab regulations, management consistency. specific information to be reported, to conduct research on migration, The Commission reconsidered its including: A unique trip identification growth rates, and maturity in Federal claw fishery requirements as part of (link to dealer report); vessel number; waters. Because no Federal regulations Addendum II. This effort included a trip start date; location (NMFS stat area); existed for Jonah crab, we advised thorough investigation of state and traps hauled; traps set; quantity (lb); trip researchers that they were free to Federal landings data in an attempt to length; soak time in hours and minutes; conduct their research activities in determine the extent of Jonah crab claw and target species. We intend to restrict Federal waters, but that exemptions landings. The Jonah Crab PDT Jonah crab harvest to Federal lobster from lobster regulations would be developed a range of potential permit holders, and at present, there is required. management measures, including: (1) no mandatory harvester-reporting We issued EFPs to MA DMF and Status quo (a whole crab fishery with an requirement for Federal lobster permit CFRF, and the University of Maryland exemption for southern states); (2) a holders. Therefore, we do not intend to in 2019. These projects have centered whole crab fishery coastwide; and (3) a modify Federal lobster permit holder’s on the collection of crabs and lobster coastwide regulated claw fishery. reporting requirements through this using ventless traps and, to date, have Incidental volumetric measure claw action. This action, however, will add received exemptions from the lobster limits such as a maximum of one 5- an additional species code to the vessel trap regulations, including exemptions gallon (18.93 L) bucket were also trip report to better capture the landings from escape vent, trap tagging, and discussed. During the development of of Jonah crab claws in states that permit number of allowable traps requirements. Addendum II, we again advocated for a such activity. Several of these studies are also whole-crab fishery, but we supported In recent months, the Commission has collecting information on lobsters, and options that would allow a small given additional consideration to the therefore have exemptions from lobster amount of claw-only landings. The reporting requirements in both the possession provisions in regulations, Commission ultimately approved a lobster and Jonah crab fisheries. In including provisions on minimum and measure that established a coastwide February 2018, the Commission maximum size, egg-bearing females, etc. standard for claw harvest, allowing for approved Addendum XXVI to the This action expands the exemptions an unlimited amount of claws to be Interstate Fishery Management Plan for granted to these three research projects harvested subject to a minimum claw American Lobster, which also serves as to include exemptions from the length requirement. Addendum III to the Jonah Crab Plan. proposed Jonah crab regulations, as In response, states have implemented The intent of Lobster Addendum XXVI/ outlined in Table 2. New EFPs will be a wide range of measures. Some allow Jonah crab Addendum III is to expand issued to these researchers, coinciding the harvest of an unlimited amount of lobster harvester reporting with the effective date of these claws that meet the minimum size; requirements, enhance the spatial and measures. These exemptions do not others allow harvest of a maximum of effort data collections, and improve the expand the scope or scale of any one 5-gallon (18.93 L) bucket of claws, amount and type of biological data existing research projects; they are while others allow only whole crabs to collected in the offshore trap fishery. intended to allow these research be landed. The Commission Given the offshore expansion of lobster activities to continue without recommended that we implement trap effort in recent years, the interruption.

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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.

Once approved, the applicants may Response: We agree. A central the lobster fishery. Before this action, request minor modifications and purpose of the control date was to put any unpermitted individual could fish extensions to the EFP throughout the harvesters on notice of the potential an unlimited number of traps in Federal year. We may grant EFP modifications regulatory restrictions and prevent waters for Jonah crab. Now Jonah crab and extensions without further notice if speculation. Available information fishing is restricted to lobster permit the modifications and extensions are suggests that speculative fishing was holders and any traps used to target deemed essential to facilitate limited. Jonah crabs are considered lobster traps, completion of the proposed research Comment 2: An anonymous comment subject to all lobster regulations. This and have minimal impacts that do not opposed establishing a control date. The new regulatory framework ensures that change the scope or impact of the commenter argued that it was the fishery’s impacts to whales will be initially approved EFP requests. The inappropriate for NMFS to issue a analyzed in NMFS’ ongoing fishery EFPs would prohibit any fishing activity control date at the request of the Biological Opinion, as well as the conducted outside the scope of the Commission when the fishery takes recommendations made by the Large exempted fishing activities. Finally, we place in Federal waters and the New Whale Take Reduction Team in April invite any other organizations England Fishery Management Council 2019, and all lobster reporting conducting Jonah crab research to expressed interest in management, as requirements in response to contact us to discuss whether their Council management would take Commission Addendum XXVI. research activities will require Federal precedence over Commission Comment 4: During development of permits. management. the rulemaking and EIS, the Center for Response: We disagree. The control Biological Diversity stated the spatial Comments and Responses date provided notice to the public of information should be included in the Two documents solicited comment on potential future regulations and its reporting requirements. this action: A control date advance purpose and value is independent of its Response: We agree. NMFS is notice of proposed rulemaking (80 FR origin from either the Commission or developing spatial information reporting 31347; June 2, 2015) and a notice of the Council. Here, the Commission’s requirements in a separate rulemaking intent for the environmental impact involvement makes sense given the that addresses the recommendations of statement (EIS)/advance notice of overlap between the lobster fishery and Addendum XXVI to the Lobster Plan/ proposed rulemaking (81 FR 70658; Jonah crab fishery. Notwithstanding the Addendum III to the Jonah Crab Plan. October 13 2016). Comments were Commission’s role in developing its This future rulemaking will also received from: The Atlantic Offshore Jonah Crab Plan, the New England and consider reporting needs from the Lobstermen’s Association; the Center for Mid-Atlantic Councils have been Lobster and Jonah Crab Plan, which Biological Diversity; and two members consulted on this matter. Many requires the following information as of the public. We published a proposed members of the Commission’s Lobster part of harvester reports: A unique trip rule in the Federal Register on March Board are also Council members and a ID (link to dealer report), vessel number, 22, 2019 (84 FR 10756), soliciting public New England Council member was trip start date, location (statistical area), comment on the proposed Jonah Crab invited to represent the Council’s Jonah traps hauled, traps set, quantity (lb), trip Plan measures. The comment period crab interests on the Lobster Board. The length, soak time in hours and minutes, ended on April 22, 2019. We received Council has participated in Commission and target species. These requirements eight letters from two fishery decision-making and voted to adopt were intended to match the reporting organizations, the New England Fishery Commission’s actions at the Lobster requirements associated with the Management Council, two Jonah crab Board. Because of this, we feel that it Interstate Fishery Management Plan for harvesters, a group of environmental was appropriate to issue a control date American Lobster, as these two fisheries advocacy organizations, and two at the Commission’s request. are linked. Due to the overlap with members of the public. Only comments Comment 3: During development of North Atlantic right whales, the Atlantic that were applicable to the proposed the rulemaking and EIS, the Center for Large Whale Take Reduction Team may measures are addressed below. Biological Diversity raised concern recommend additional reporting Consolidated responses are provided to about large whale entanglements in requirements. Such requirements may similar comments on the proposed Jonah crab traps and requested that the be incorporated into this future measures. EIS consider impacts to large whales, rulemaking. Comment 1: The Atlantic Offshore specifically the north Atlantic right Comment 5: During development of Lobstermen’s Association supported the whale (Eubalaena glacialis). the rulemaking and EIS, one individual establishment of a control date for the Response: We are mindful of potential opposed the development of Federal Jonah crab fishery, believing that it will impacts between the Jonah crab fishery Jonah crab regulations, preferring that discourage speculative entry into the and large whales and analyzed trap the fishery be closed to commercial fishery during the interim period before impacts in Section 5 of the EIS. This harvest, stating that Jonah crabs are a the states and NMFS published analysis will be ongoing because this food source for birds and marine regulations to manage the fishery. action folds the Jonah crab fishery into mammals.

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Response: The Commission crabs now are increasingly a targeted width. Due to the significant overlap developed the Jonah Crab Plan out of catch from lobster traps. This obvious with the American lobster fishery, the precaution and potential concern for the linkage is the basis for the American Commission’s American Lobster Board Jonah crab resource given the recent and Lobster Board overseeing management has overseen management, as rapid increase in landings. There is no and is a primary driver behind the recommended. The Board has stock assessment for Jonah crab, but the recommendation to link Jonah crab developed many coastwide measures science does not presently support a harvest to the lobster permit structure. (i.e., all but claw provisions that are complete closure of the fishery. The There is no justification to qualify and state-by-state) that states have population has been able to sustain past issue Jonah crab-only permits. As implemented, which will now be increases in commercial landings, as discussed above, on several different complemented in Federal waters described in Section 4.5.2 of the EIS. occasions, we requested information to through this action. Fishing effort has been capped at such identify any Jonah crab harvesters that When developing measures for the levels. We are taking action, as did not hold a lobster permit. One of fishery, Lobster Board considered a requested by the Commission, to these requests coincided with a 2015 range of minimum sizes. These implement complementary regulations control date, intended to promote measures were included in the draft in Federal waters. This action is awareness of possible future Jonah Crab Plan and taken out to public expected to put some initial limits on rulemaking, and discourage speculative comment. As discussed in greater detail Jonah crab harvest and implement entry into and/or investment in the in the proposed rule, the Commission reporting requirements, adding to our Jonah crab fishery. We received no selected a minimum size of 43⁄4 inches information and making a future stock comments in response to these earlier (12.065 cm) because it balances market assessment possible. requests for information. In addition, demands, biological concerns over the Comment 6: The Atlantic Offshore only one state has identified Jonah-crab size at which crabs become mature, and Lobstermen’s Association commented in only harvesters and only in state waters. industry concerns that enforcement support of Federal rulemaking at As no other information has been officials would issue violations for crabs multiple stages and highlighted the presented that helps to identify Jonah that are just under the market-preferred need for the commercial management crab harvesters without a lobster permit size in this high-volume fishery where measures approved in this rule. One in Federal waters prior to the 2015 measuring each crab may be difficult. commercial lobster harvester control date and the commenter We considered and analyzed both resubmitted a copy of a letter that was indicated that his entry into the fishery 43⁄4-inch (12.065-cm) and 5-inch (12.7- submitted to the Commission in 2014 occurred after the 2015 control date, cm) minimum sizes as alternatives in supporting Jonah Crab Plan which was designed to prevent such the accompanying EIS. While they are development. The Cape Cod speculative entry, we are linking Jonah reasonable, approving a measure that is Commercial Fishermen’s Alliance crab harvest to the lobster permit inconsistent with what the states have generally supported proposed measures. structure. already promulgated would create a All three letters supported linking Jonah Finally, it would be problematic for significant inconsistency between state crab harvest to the lobster permit NMFS to authorize additional effort in and Federal regulations for this species. structure. the lobster fishery without consulting Any inconsistency increases the Response: We agree and are the Commission, the American Lobster difficultly to achieve coordinated developing regulations consistent with Board, and our partner states as it would management, administrative and the Atlantic Coastal Fisheries create an inconsistency with the Lobster enforcement objectives, and creates Cooperative Management Act and the Plan and with state regulations. The additional confusion about applicable Commission’s recommendations in the Commission specifically endorsed regulations for harvesters. Due to these Jonah Crab Plan. For additional linking Jonah crab harvest to the lobster potential negative effects, we have rationale, please refer to Approved permit structure. The Interstate Fishery approved a minimum size that is Measures. Management Plan for American Lobster consistent with Commission Comment 7: One harvester, who strictly controls harvest. Any additional recommendations and state identified himself as a Jonah crab-only effort in the fishery should be requirements. harvester without a lobster permit, considered through the Commission’s Comment 9: The Atlantic Offshore disagreed with our proposal to link open and public process. Lobstermen’s Association, the New Jonah crab harvest to the lobster permit In sum, the administrative and England Fishery Management Council, structure. Instead, the commenter enforcement efficiencies, as well as the and one member of the public proposed establishing a targeted Jonah biological benefits (to crabs, lobsters, supported the prohibition on the crab permit to allow targeted harvesters and whales) weighed against the retention of egg-bearing female Jonah to land an unlimited amount of crabs negative time and resources impacts and crabs. Both harvesters supported and 100 lobster per day as bycatch, ineffectiveness caused by creating an prohibiting the retention of all female arguing that the Jonah crab fishery has inconsistent Federal Jonah crab-only Jonah crabs, with one identifying egg- ‘‘emerged as its own fishery separate fishery that would potentially benefit bearing female Jonah crabs as needing from lobster.’’ only one individual, all provide the specific protections. Response: The best available basis for our linking the fisheries. Response: We agree with the information suggests that the Jonah crab Comment 8: The Atlantic Offshore associations and one member of the fishery is not separate from the lobster Lobstermen’s Association, Cape Cod public that the approved broodstock fishery. Landings data available during Commercial Fishermen’s Alliance, and protection measures will provide the development of the Jonah Crab Plan one industry member supported the protections for the Jonah crab fishery, indicated that between approximately proposed minimum size. The other consistent with the Atlantic Coastal 91–99 percent of Cancer crabs (both industry member supported a 5-inch Fisheries Cooperative Management Act Jonah crabs and rock crabs) were (12.7-cm) minimum size. and the Commission’s recommendations harvested from lobster permit holder in Response: We agree with the in the Jonah Crab Plan. When their trap gear. Data further suggests that commenters and are approving a 43⁄4- developing the Jonah Crab Plan, the the fishery began as unintentional catch; inch (12.065-cm) minimum carapace Lobster Board considered protections

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for egg bearing female crabs and all and one member of the public Association in the development and female crabs as management supported the proposed dealer approval of these measures. Staff alternatives. Both alternatives help requirements. involved in the management of ensure that eggs are given the Response: We agree. Mandatory American lobster and Jonah crab opportunity to hatch and add to the dealer reporting in the will provide reviewed the existing lobster regulation population and similar measures have much needed fishery information. Such found at 50 CFR part 697 for any needed been successfully used in the lobster information will inform future science revisions based on this rulemaking. fishery, under the Interstate Fishery and management of this species. Several changes to the lobster-specific Management Plan for American Lobster. Comment 12: The Cape Cod regulations were proposed and are Ultimately, the Commission selected to Commercial Fishermen’s Alliance implemented by this final rule. No prohibit the possession of egg-bearing supported ‘‘measures to expand additional changes are necessary to 50 female crabs. The Jonah Crab Plan and research in the fishery to fill gaps in CFR part 697, as these measures are the EIS both note that the vast majority knowledge,’’ noting that such research solely derived from Commission of female crabs (96–98 percent) are could help refine management measures recommendations based on measures in smaller than the minimum size. As and encouraged that a stock assessment the Interstate Fishery Management Plan such, approving only a prohibition on be conducted as soon as possible to for American Lobster, and further egg-bearing female Jonah crabs is more ‘‘ensure that overfishing is not likely to clarification is not necessary. targeted to the Commission’s objective occur in this burgeoning fishery, Comment 14: The group of of giving eggs the opportunity to hatch allowing it to thrive for generations.’’ environmental advocacy organizations and contribute to the overall crab Response: We agree that additional supported the proposed management population. Most states had already data and research is needed on this measures and recommended the implemented regulations to prohibit data-poor species. Mandatory dealer following additional requirements: possession of egg-bearing female crabs reporting in the immediate future and 1. A 100-percent catch reporting by June 1, 2016. mandatory harvester reporting through a requirement at the trip-level for all While both broodstock protection separate, future action should provide limited-access American lobster permit alternatives are reasonable, approving much needed fishery information. Such holders; measures that are inconsistent with information will feed into a future stock 2. A lost gear reporting requirement; what the states have already assessment, which the Commission 3. A requirement to report all data promulgated would create a significant identified as a high priority need in the including fishing location by 10-minute inconsistency between state and Federal Jonah Crab Plan. The Plan already squares (10nm x 10nm) or a finer spatial regulations for this species. Due to the requires jurisdictions to collect the scale if available; potential negative effects associated following information from port/sea 4. A requirement to report all data with inconsistencies, we have approved sampling: Carapace width, sex, discard electronically; a prohibition on the retention of egg- information, egg-bearing status, cull 5. A requirement for electronic vessel bearing female Jonah crabs, consistent status, shell hardness, and whether the monitoring; and with Commission recommendations and landings are whole crabs or parts. 6. A requirement to mark gear by state requirements. Together, this fishery dependent and fishery and statistical area fished on at Comment 10: The New England independent data will be useful to least every 40 feet (12.2 m) of line. Council and one member of the public measure the effectiveness of In addition, the Atlantic Offshore supported the incidental catch limit. management measures, including the Lobstermen’s Association supported the Response: We agree. The Commission minimum size and to monitor the claw- expeditious approval of 100-percent spent several meetings establishing the only fishery in states where it is Jonah crab and lobster harvester incidental catch limit in the original allowed. These data will inform a future reporting. Similarly, the Cape Cod Jonah Crab Plan and then perfected it in stock assessment. In the interim, the Commercial Fishermen’s Alliance noted Addendum I. Ultimately, the Plan requires that the Lobster Board that additional reporting requirements, Commission approved a new, expanded conduct an annual review of including harvester reporting and vessel limit of up to 1,000 crabs per trip for management measures, state data monitoring systems/electronic tracking both non-trap gear and non-lobster trap collections, and research needs, which would improve data collection and be gear as part of Addendum I. The helps to bridge the gap until a stock consistent with other fisheries. Commission expected that this revised assessment is scheduled. Response: We agree. NMFS intends to limit would be more consistent with the Additional research will be critical to propose joint Jonah crab/American maximum incidental catch that existed answering some of the larger questions lobster harvester reporting requirements in 2015 prior to developing the Jonah about this species. The Plan specifies in a rulemaking based upon Addendum Crab Plan while preventing future biological, habitat, and economic XXVI to the American Lobster Plan/ expansion of the incidental fishery into research needs, which partner states Addendum III to the Jonah Crab Plan. a larger or more targeted fishery. Our have begun to address with and without Harvester reporting was not added to catch data corroborated the research permits. We encourage this action for several reasons. First, Commission’s basis for revising the additional research on this species and substantial development of this Jonah- incidental catch limit as only 3 trips will consider exemptions to lobster and crab specific action had already taken between 2010 and 2014 landed more Jonah crab regulations to facilitate place. Second, adding Jonah crab- than 900 lb (408.2 kg). A Federal future research. specific reporting requirements would incidental catch of up to 1,000 crabs Comment 13: The Atlantic Offshore be a de-facto reporting requirement for provides consistency between Federal Lobstermen’s Association noted, ‘‘it may the lobster industry which would have and state regulations, thereby avoiding be appropriate to modify the language in expanded the scope of this action. negative impacts associated with [F]ederal code 50 CFR 697 to specify Third, a lobster-specific rulemaking was inconsistency, as outlined in the that those measures apply to both in development at a stage where lobster response to Comment 8. lobster and Jonah crab fisheries.’’ reporting could be easily considered. To Comment 11: The Council, the Cape Response: We appreciate the that end, we published an advance Cod Commercial Fishermen’s Alliance, collaboration with and support of the notice of proposed rulemaking on June

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14, 2018 (83 FR 27747), announcing our coverage for the Jonah crab fishery. The prepared for this action, and the intent to consider expanded lobster and agency has re-initiated Section 7 responses to public comments included Jonah crab harvester reporting consultation on the lobster fishery, in this final rule. A copy of this analysis requirements and expect publication of which will necessarily include analysis is available from NMFS (see a proposed rule later in 2019, with of the Jonah crab fishery. ADDRESSES). implementation targeted for 2020. We agree that additional data Changes From the Proposed Rule A Summary of the Significant Issues elements will aid in the future Minor corrections to improve Raised by the Public in Response to the management of the lobster fishery and technical accuracy and clarity of the IRFA, a Summary of the Agency’s in assessing impacts to protected regulatory text were made between Assessment of Such Issues, and a species. To that end, we have proposed and final rules. Statement of Any Changes Made in the Final Rule as a Result of Such committed to a multi-year overhaul of Classification our fishery reporting systems which will Comments include an increase in electronic The Administrator, Greater Atlantic No public comments were received reporting, more intuitive forms, and Region, NMFS, determined that this pertaining directly to the economic additional data fields that may be final rule is necessary for the effects of this rule. conservation and management of the pertinent to specific fisheries or gear Description and Estimate of the Number types. We look forward to engaging with Jonah crab fishery and that it is consistent with the Atlantic Coastal of Small Entities to Which the Rule Will all of our partners on this effort. Apply Comment 15: The group of Fisheries Cooperative Management Act, environmental advocacy organizations applicable provisions of the Magnuson- The action will implement regulations stated, ‘‘NMFS must ensure that the Stevens Fishery Conservation and affecting commercial fishing activities ASMFC’s Interstate Fishery Management Act, and other applicable (North American Industry Classification Management Plan for the Jonah crab laws. System (NAICS) code 11411), seafood fishery complies with the statutory and NMFS prepared a final EIS for this dealers (NAICS code 424460), and regulatory requirements of both the action. The final EIS was filed with the operators of party/charter businesses Endangered Species Act and the Marine Environmental Protection Agency on (NAICS code 487210). Because each of Mammal Protection Act.’’ The letter June 4, 2019. A notice of availability these activities has their own size further noted that ‘‘the existing was published on June 14, 2019 (84 FR standard under the RFA, consideration Biological Opinion for the American 27777). NMFS issued a Record of of the number of regulated entities and lobster fishery is inadequate. . . Decision (ROD) identifying the selected the potential economic impacts of the therefore any new fishing authorized by alternatives. A copy of the ROD is action for each NAICS code is discussed the existing limited-access American available from NMFS (see ADDRESSES). below. lobster permit would be inherently This final rule has been determined to For RFA purposes only, NMFS has unlawful until the new consultation is be not significant for purposes of established a small business size completed.’’ Finally, the letter stated Executive Order 12866. standard for businesses, including their ‘‘until fishing gear that does not include This final rule does not contain affiliates, whose primary industry is an unattended endline/buoyline is policies with federalism implications as commercial fishing (see 50 CFR 200.2). commercially available and legally defined in E.O. 13132. NMFS has A business primarily engaged in required, NMFS must take every consulted with the states in the creation commercial fishing (NAICS code 11411) reasonable step to decrease the number of the Jonah Crab Plan, which makes is classified as a small business if it is of vertical lines in the water when North recommendations for Federal action. independently owned and operated, is Atlantic right whales are present.’’ The approved measures are based upon not dominant in its field of operation Response: The comment contains the Jonah Crab Plan and its addenda, (including its affiliates), and has legal argument that is the subject of which were created by the Commission, combined annual receipts not in excess ongoing litigation and is beyond the and, as such, were created by, and are of $11 million for all its affiliated scope of detailed response in this overseen by, the states. These measures operations worldwide. The document. We note, however, that this are already in place at the state level. determination as to whether the entity action restricts the Jonah crab fishery Additionally, these measures would not is large or small is based on the average and its gear. Previously unregulated, the preempt state law and would not annual revenue for the three years from Jonah crab fishery will now be regulated regulate the states. 2014 through 2016. as part of the lobster fishery because the The Regulatory Flexibility Act (RFA), Section 3 of the Small Business Act fisheries coincide and are both 5 U.S.C. 601–612, requires agencies to defines the term ‘‘affiliation’’ in its prosecuted using the same lobster trap assess the economic impacts of their regulations. According to these gear. The lobster fishery which is proposed regulations on small entities. regulations, affiliation may arise among managed pursuant to the ASMFC’s The objective of the RFA is to consider two or more persons with an identity of Interstate Lobster Fishery Management the impacts of a rulemaking on small interest. Individuals or firms that have Plan, is undergoing endline/buoyline entities, and the capacity of those identical or substantially identical analysis and restriction as part of the affected by regulations to bear the direct business or economic interests (such as Large Whale Take Reduction Team and indirect costs of regulation. A final family members, individuals or firms Process and Endangered Species Act regulatory flexibility analysis (FRFA) with common investments, or firms that Section 7 consultation reinitiation. was prepared, as required by section are economically dependent through Because the lobster and Jonah crab 603 of the Regulatory Flexibility Act contractual or other relationships) may fisheries coincide and overlap, the 2014 (RFA). The FRFA consists of the Initial be treated as one party with such Biological Opinion for the American Regulatory Flexibility Analysis (IRFA), interests aggregated (13 CFR 121.103(f)). lobster fishery analyzed the effect of this the relevant portions of the proposed We applied the Small Business mixed lobster and Jonah crab fishery on rule describing the proposed Administration’s definition of affiliation endangered species and provides management measures, the to NMFS’s 2016 vessel ownership data Endangered Species Act Section 7 corresponding analysis in the EIS to determine the number of affiliated

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regulated entities that were associated designated trap only, and 140 entities is less than the number of with at least one limited access lobster designated both a trap and a non-trap permitted vessels because a small permit. During 2016, there were 2,377 gear. Table 8 summarizes the number of number affiliated ownership groups limited access lobster permits included large and small entities after the own more than one permit. in the ownership database, of which 640 principals of affiliation were applied. designated non-trap only, 1,597 Note that the number of regulated

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

Mean lobster Number of Mean gross sales and entities ($1,000’s) Jonah crab sales ($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 affected participating lobster representative of the fleet of limited data used to estimate gross receipts for trap gear entities. As previously noted, access lobster trap permit holders. purposes of size class determination. a significant number of vessel owners The number of permitted limited Although dealer data are the best possess only a limited access lobster access trap vessels that reported one or available source of revenues earned permit and are not subject to mandatory more lobster trap trips from 2014–2016 from commercial fishing, it generally reporting. Despite this, the analysis, ranged from 400 in 2014 to 412 in 2016. lacks gear information, which is needed which is based on vessel owners that do None of these vessels relied exclusively to estimate the number of affected trap possess at least one other permit for on Jonah crab. Percent of trips and gear entities. For this reason, vessel trip which VTRs are mandatory, is vessels landing lobster-only, Jonah crab- reports (VTRs) are used to estimate the only, or both is summarized in Table 4.

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

Vessels: Count

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

As previously noted, the ownership Crab Plan indicated only three trips harvesters and dealers. An assumption data used to determine the number of would have exceeded the proposed trip that a crab weighs one lb (0.45 kg) was affected entities is based on aggregated limit. Table 6 summarizes the number of used; however, this assumption may be dealer data. Because the action will limited access lobster non-trap permit an underestimate given that the market affect limited access lobster non-trap holders, trips, trips landings Jonah favors larger crabs. The median value of permits, we used VTR data to determine crabs, and trips exceeding the approved this distribution ranged from a high of the number of participating vessels that limit. While the incidental limit is 1,175 lb (533 kg) in 2014 to a low of will be affected by the action. Analysis defined in number of crabs, this analysis 1,046 lb (474 kg) in 2015. of data from 2010 through 2014 relies on lb landed, as weight of catch presented in Addendum I to the Jonah and counts of crabs is reported by

TABLE 5—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

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Under existing regulations for other 803 dealer establishments in Greater in both Delaware and New Jersey, but regulated species, NMFS requires a Atlantic Region states that employed the number of CBP establishments was Federal dealer permit for the purchase 8,118 people. A summary of Federal substantially higher than the number of of seafood from a federally permitted permits, CBP establishments, CBP Federal permits in all other states in the commercial vessel. NMFS regulations employment, and establishment by size Mid-Atlantic region. This disparity can also require that dealers report all class, by state, is provided in Table 7. arise for two reasons: (1) Not all dealers purchases of fish and/or shellfish from Of note, for Maine, New Hampshire, are active; and (2) CBP data classifies any vessel, including state-waters-only Massachusetts, and Rhode Island, the multi-activity establishments into only vessels. This means that any dealer CBP number of establishments ranged one NAICS code. Available data suggest issued a Federal dealer permit will be from 52 percent to 66 percent lower that the seafood dealer sector is regulated under the action. During 2015, than the number of Federal permits dominated by businesses that are there were 750 Federal dealer permits issued to dealers in those states. By considered small entities for purposes of issued to dealers in Greater Atlantic contrast, the number of establishments region states. According to 2015 County in the CBP data was approximately the RFA. Business Patterns (CBP) data, there were equal to the number of Federal permits TABLE 6—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

Reporting, Recordkeeping, and Other protections, etc.) can be expected to This final rule contains a collection- Compliance Requirements have a limited economic impact on of-information requirement subject to the Paperwork Reduction Act (PRA), This action contains several new permit holders, because existing market which the Office of Management and reporting and recordkeeping preferences encompass these measures. Budget (OMB) approved under the OMB requirements that will involve costs to That is, long before the existence of any control numbers listed below. Public dealers intending to land or purchase minimum size restrictions, harvesters reporting burden for these collections of Jonah crabs, however, these costs are threw back small crabs because dealers information, including the time for expected to be limited. Dealers wishing would not buy them. These smaller reviewing instructions, searching to purchase Jonah crabs will be required crabs were already protected from existing data sources, gathering and to obtain a Jonah crab designation on harvest due to market forces, and under maintaining the data needed, and their dealer permit and report their the changes in this rule, these smaller completing and reviewing the collection purchases weekly, as required for other crabs would be protected for of information, are estimated to average, federally managed species. These conservation purposes. As such, there as follows: approved measures will impose new will be limited economic impact on the compliance requirements; however, the fishing industry from establishing the 1. Initial Federal dealer permit measures are already in place for states recommended minimum size. application, OMB# 0648–0202, (15 and are, by design, intended to be Furthermore, because the Jonah crab minutes/response); and consistent with past fishing practices fishery has largely been prosecuted by 2. Dealer report of landings by and market requirements, thereby lobster trap harvesters, the Jonah crab species, OMB# 0648–0229, (4 minutes/ limiting costs. fishery remains restricted by effort response). control measures that already exist in Send comments on these or any other Description of the Steps the Agency Has the lobster regulations. Non-trap harvest aspects of the collection of information Taken To Minimize the Significant limits approved in this rule were set in to the Greater Atlantic Regional Economic Impact on Small Entities a manner to ensure that the vast Fisheries Office at the ADDRESSES above, Consistent With the Stated Objectives of majority of past trips would be and email to OIRA_Submission@ Applicable Statutes accounted for under the approved limit. omb.eop.gov, or fax to (202) 395–5806. This action imposes minimal impacts Because the measures in this final rule Notwithstanding any other provision of on small entities. Due to the expected are consistent with Commission the law, no person is required to high rate of dual permitting and the fact recommendations, current state respond to, and no person shall be that the states are already compliant regulations, and existing lobster fishery subject to penalty for failure to comply with these measures, the majority of requirements, this final rule minimizes with, a collection of information subject Federal vessels are already abiding by the economic impact on small entities. to the requirements of the PRA, unless these requirements, and therefore will Further, if we had approved alternate that collection of information displays a not be impacted by the measures in this measures, this would likely create currently valid OMB control number. proposed rule. For those vessels not inconsistencies and regulatory List of Subjects in 50 CFR Part 697 dually permitted, several approved disconnects with the states, and, measures that regulate the harvest of therefore, would likely worsen potential Fisheries, Fishing, Reporting and Jonah crabs (minimum size, broodstock economic impacts. recordkeeping requirements.

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Dated: November 5, 2019. commercial dive vessels that possess 6 electronic reporting mechanisms Samuel D. Rauch III, or fewer American lobsters per person approved by NMFS, unless otherwise Deputy Assistant Administrator for or 50 Jonah crab per person aboard the directed by the Regional Administrator. Regulatory Programs, National Marine vessel if such lobsters or crabs are not The following information, and any Fisheries Service. intended for, nor used, in trade, barter other information required by the For the reasons set out in the or sale; recreational fishing vessels; and Regional Administrator, must be preamble, 50 CFR part 697 is amended vessels that fish exclusively in state provided in each report: as follows: waters for American lobster or Jonah (i) Required information. All dealers crab. issued a Federal lobster or Jonah crab PART 697—ATLANTIC COASTAL * * * * * dealer permit under this part must FISHERIES COOPERATIVE ■ 4. In § 697.5, revise paragraph (a) to provide the following information, as MANAGEMENT read as follows: well as any additional information as applicable under § 648.7(a)(1)(i) of this ■ 1. The authority citation for part 697 § 697.5 Operator permits. chapter: Dealer name; dealer permit continues to read as follows: (a) General. Any operator of a vessel number; name and permit number or Authority: 16 U.S.C. 5101 et seq. issued a Federal limited access name and hull number (USCG ■ 2. In § 697.2(a): American lobster permit under documentation number or state ■ a. Remove the definition for ‘‘Berried § 697.4(a), or any operator of a vessel of registration number, whichever is female;’’ the United States that fishes for, applicable) of vessel(s) from which fish ■ b. Add definitions for ‘‘Berried female possesses, or lands American lobsters or are transferred, purchased or received Jonah crab’’ and ‘‘Berried female Jonah crabs, harvested in or from the for a commercial purpose; trip identifier lobster’’ in alphabetical order; EEZ must have been issued and carry on for each trip from which fish are ■ c. Remove the definition for board a valid operator’s permit issued purchased or received from a ‘‘Carapace length;’’ and under this section. The requirement in commercial fishing vessel permitted ■ d. Add definitions for ‘‘Jonah crab,’’ this paragraph (a) does not apply to: under part 648 of this chapter with a ‘‘Jonah crab carapace width,’’ and Charter, head, and commercial dive mandatory vessel trip reporting ‘‘Lobster carapace length’’ in vessels that possess six or fewer requirement; date(s) of purchases and alphabetical order. American lobsters per person aboard the receipts; units of measure and amount The additions read as follows: vessel if said lobsters are not intended by species (by market category, if for nor used in trade, barter or sale; applicable); price per unit by species (by § 697.2 Definitions. recreational fishing vessels; and vessels market category, if applicable) or total (a) * * * that fish exclusively in state waters for value by species (by market category, if Berried female Jonah crab means a American lobster. applicable); port landed; cage tag female Jonah crab bearing eggs attached * * * * * numbers for surfclams and ocean to the abdomen. ■ quahogs, if applicable; disposition of the Berried female lobster means a female 5. In § 697.6, revise paragraphs (a), (n)(1) introductory text, (n)(1)(i), seafood product; and any other American lobster bearing eggs attached information deemed necessary by the to the abdominal appendages. (n)(1)(ii)(B), (n)(2), and (s) to read as follows: Regional Administrator. If no fish are * * * * * purchased or received during a Jonah crab means Cancer borealis. § 697.6 Dealer permits. reporting week, a report so stating must Jonah crab carapace width is the (a) General. Any person who receives, be submitted. straight line measurement across the for a commercial purpose (other than (ii) * * * widest part of the shell including the solely for transport on land), American (B) When purchasing or receiving fish tips of the posterior-most, longest spines lobster or Jonah crabs from the owner or from a vessel landing in a port located along the lateral margins of the operator of a vessel issued a valid outside of the Northeast Region (Maine, carapace. permit under this part, or any person New Hampshire, Massachusetts, * * * * * who receives, for a commercial purpose Connecticut, Rhode Island, New York, Lobster carapace length is the straight (other than solely for transport on land), New Jersey, Pennsylvania, Maryland, line measurement from the rear of the American lobster or Jonah crabs, Delaware, Virginia and North Carolina), eye socket parallel to the center line of managed by this part, must have been only purchases or receipts of species the carapace to the posterior edge of the issued, and have in his/her possession, managed by the Northeast Region under carapace. The carapace is the a valid permit issued under this section. this part (American lobster or Jonah unsegmented body shell of the * * * * * crab), and part 648 of this chapter, must American lobster. (n) Lobster and Jonah crab dealer be reported. Other reporting * * * * * recordkeeping and reporting requirements may apply to those species ■ 3. In § 697.4, revise paragraph (a) requirements—(1) Detailed report. All not managed by the Greater Atlantic introductory text to read as follows: federally-permitted lobster dealers and Region, which are not affected by this Jonah crab dealers, and any person paragraph (n); and § 697.4 Vessel permits and trap tags. acting in the capacity of a dealer, must * * * * * (a) Limited access American lobster submit to the Regional Administrator or (2) System requirements. All persons permit. Any vessel of the United States to the official designee a detailed report required to submit reports under that fishes for, possesses, or lands of all fish purchased or received for a paragraph (n)(1) of this section are American lobster or Jonah crab in or commercial purpose, other than solely required to have the capability to harvested from the EEZ must have been for transport on land, within the time transmit data via the internet. To ensure issued and carry on board a valid periods specified in paragraph (q) of this compatibility with the reporting system Federal limited access lobster permit. section, or as specified in § 648.7(a)(1)(f) and database, dealers are required to The requirement in this paragraph (a) of this chapter, whichever is most utilize a personal computer, in working does not apply to: Charter, head, and restrictive, by one of the available condition, that meets the minimum

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specifications identified by NMFS. New State of Maine American lobster permit (C) The Jonah crabs were harvested by dealers will be notified of the minimum or license and fishing under the a charter boat, head boat, or commercial specifications via letter during the provisions of and under the areas dive vessel that possesses 50 or fewer permitting process. designated in § 697.24 to do any of the Jonah crabs per person on board the * * * * * following: vessel (including captain and crew) and (s) Additional dealer reporting (i) Retain on board, land, or possess the Jonah crabs are not intended to be, requirements. All persons issued a at or after landing, Jonah crabs that fail or are not, traded, bartered, or sold; or lobster dealer permit or a Jonah crab to meet the minimum Jonah crab (D) The Jonah crabs were harvested dealer permit under this part are subject carapace width standard specified in for recreational purposes by a to the reporting requirements set forth § 697.20(h)(1). All Jonah crabs will be recreational fishing vessel; or in paragraph (n) of this section, as well subject to inspection and enforcement (E) The Jonah crabs were harvested by as §§ 648.6 and 648.7 of this chapter, action, up to and including the time a vessel or person holding a valid State whichever is most restrictive. when a dealer receives or possesses of Maine American lobster permit or license and is fishing under the ■ 6. In § 697.7, revise paragraphs Jonah crabs for a commercial purpose. (ii) Retain on board, land, or possess provisions of and in the areas (c)(1)(i), (iii), (iv), and (xxix) and add designated in § 697.24. paragraph (h) to read as follows: any berried female Jonah crabs specified in § 697.20(h)(2). (ii) Sell, barter, or trade, or otherwise § 697.7 Prohibitions. (iii) Remove eggs from any berried transfer, or attempt to sell, barter, or trade, or otherwise transfer, for a * * * * * female Jonah crab, land, or possess any (c) * * * such Jonah crab from which eggs have commercial purpose, any Jonah crabs (1) * * * been removed. No person owning or from a vessel, unless the vessel has been (i) Retain on board, land, or possess operating a vessel issued a Federal issued a valid Federal limited access at or after landing, whole American limited access American lobster permit American lobster permit under § 697.4, lobsters that fail to meet the minimum under § 697.4 or a vessel or person or the Jonah crabs were harvested by a lobster carapace length standard holding a State of Maine American vessel without a valid Federal limited specified in § 697.20(a). All American lobster permit or license and fishing access American lobster permit that lobsters will be subject to inspection under the provisions of and under the fishes for Jonah crabs exclusively in and enforcement action, up to and areas designated in § 697.24 may land or state waters or unless the vessel or including the time when a dealer possess any Jonah crab that has come in person holds a valid State of Maine receives or possesses American lobsters contact with any substance capable of American lobster permit or license and for a commercial purpose. removing crab eggs. that is fishing under the provisions of and in the areas designated in § 697.24. * * * * * (iv) Sell, transfer, or barter or attempt to sell, transfer, or barter to a dealer any (iii) To be, or act as, an operator of a (iii) Retain on board, land, or possess vessel fishing for or possessing Jonah any berried female lobster specified in Jonah crabs, unless the dealer has a valid Federal Dealer’s Permit issued crabs in or from the EEZ, or issued a § 697.20(d). Federal limited access American lobster (iv) Remove eggs from any berried under § 697.6. permit under § 697.4, without having female lobster, land, or possess any such (v) Fish for, take, catch, or harvest been issued and possessing a valid lobster from which eggs have been Jonah crabs on a fishing trip in or from operator’s permit under § 697.5. removed. No person owning or the EEZ by a method other than traps, in excess of up to 1,000 crabs per trip, (iv) Purchase, possess, or receive for operating a vessel issued a Federal a commercial purpose, or attempt to limited access American lobster permit unless otherwise restricted by paragraph (h)(2)(i)(C) of this section. purchase, possess, or receive for a under § 697.4 or a vessel or person commercial purpose, as, or in the holding a State of Maine American (vi) Possess, retain on board, or land Jonah crabs by a vessel with any non- capacity of, a dealer, Jonah crabs taken lobster permit or license and fishing from or harvested by a fishing vessel under the provisions of and under the trap gear on board capable of catching Jonah crabs, in excess of up to 1,000 issued a Federal limited access areas designated in § 697.24 may land or American lobster permit, unless in possess any lobster that has come in crabs per trip, unless otherwise restricted by paragraph (h)(2)(i)(C) of possession of a valid dealer’s permit contact with any substance capable of issued under § 697.6. removing lobster eggs. this section. (vii) Transfer or attempt to transfer (v) Purchase, possess, or receive for * * * * * Jonah crabs from one vessel to another commercial purposes, or attempt to (xxix) Retain on board, land, or vessel. purchase or receive for commercial possess at or after landing, whole (2) In addition to the prohibitions purposes, as, or in the capacity of, a American lobsters that exceed the specified in § 600.725 of this chapter dealer, Jonah crabs caught by a vessel maximum lobster carapace length and the prohibitions specified in other than one issued a valid Federal standard specified in § 697.20(b). All paragraph (h)(1) of this section, it is limited access American lobster permit American lobsters will be subject to unlawful for any person to do any of the under § 697.4, or one holding or owned inspection and enforcement action, up following: or operated by one holding a valid State to and including the time when a dealer (i) Retain on board, land, or possess of Maine American lobster permit or receives or possesses American lobsters Jonah crabs unless: license and fishing under the provisions for a commercial purpose. (A) The Jonah crabs were harvested by of and in the areas designated in * * * * * a vessel that has been issued and carries § 697.24, unless the Jonah crabs were (h) Jonah crab. (1) In addition to the on board a valid Federal limited access harvested by a vessel without a Federal prohibitions specified in § 600.725 of American lobster permit under § 697.4; limited access American lobster permit this chapter, it is unlawful for any or and that fishes for Jonah crabs person owning or operating a vessel (B) The Jonah crabs were harvested in exclusively in state waters. issued a Federal limited access state waters by a vessel without a valid (vi) Make any false statement, oral or American lobster permit under § 697.4 Federal limited access American lobster written, to an authorized officer, or a vessel or person holding a valid permit; or concerning the taking, catching,

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harvesting, landing, purchase, sale, or lobster permit. A preponderance of all for each trip, unless otherwise restricted transfer of any Jonah crabs. submitted evidence that such Jonah by § 697.7. (vii) Violate any provision of this part, crabs were harvested by a vessel (e) Restrictions on fishing for, the ACFCMA, the Magnuson-Stevens without a Federal limited access possessing, or landing fish other than Act, or any regulation, permit, or American lobster permit and fishing Jonah crabs. Vessels are prohibited from notification issued under this part, the exclusively for Jonah crabs in state or possessing or landing Jonah crabs in ACFCMA, or the Magnuson-Stevens foreign waters will be sufficient to rebut excess of 50 percent, by weight, of all Act. this presumption. other species on board. (viii) Retain on board, land, or possess (ii) The possession of egg-bearing (f) Trap prohibition for non-trap any Jonah crabs harvested in or from the female Jonah crabs in violation of the Jonah crab harvesters. All persons that EEZ in violation of § 697.20. requirements set forth in § 697.20(h)(1) fish for, take, catch, or harvest Jonah (ix) Ship, transport, offer for sale, sell, or Jonah crabs that are smaller than the crabs on a fishing trip in or from the or purchase, in interstate or foreign minimum sizes set forth in EEZ are prohibited from transferring or commerce, any whole live Jonah crabs § 697.20(h)(2), will be prima facie attempting to transfer Jonah crabs from in violation of § 697.20. evidence that such Jonah crabs were one vessel to another vessel. (x) Violate any terms of a letter taken or imported in violation of these ■ 8. In § 697.20, revise paragraph (a), authorizing exempted fishing pursuant regulations. A preponderance of all (b), and (d), and add paragraph (h) to to § 697.22 or to fail to keep such letter submitted evidence that such Jonah read as follows: aboard the vessel during the time period crabs were harvested by a vessel not of the exempted fishing. holding a permit under this part and § 697.20 Size, harvesting and landing (xi) Possess, deploy, fish with, haul, fishing exclusively within state or requirements. harvest Jonah crabs from, or carry foreign waters will be sufficient to rebut (a) Minimum lobster carapace length. aboard a vessel any lobster trap gear on the presumption. (1) The minimum lobster carapace a fishing trip in the EEZ on a vessel that ■ 7. Section 697.17 is revised to read as length for all American lobsters fishes for, takes, catches, or harvests follows: harvested in or from the EEZ Nearshore Jonah crabs by a method other than Management Area 1 or the EEZ lobster traps. § 697.17 Non-trap harvest restrictions. Nearshore Management Area 6 is 31⁄4 (xii) Fish for, take, catch, or harvest (a) Non-trap lobster landing limits. In inches (8.26 cm). Jonah crabs on a fishing trip in the EEZ addition to the prohibitions set forth in (2) The minimum lobster carapace by a method other than traps, in excess § 600.725 of this chapter, it is unlawful length for all American lobsters landed, of up to 1,000 crabs per trip, unless for a vessel with any non-trap gear on harvested, or possessed by vessels otherwise restricted by paragraph board capable of catching lobsters, or, issued a Federal limited access (h)(2)(i)(C) of this section. that fishes for, takes, catches, or harvests (xiii) Possess, retain on board, or land lobster on a fishing trip in or from the American lobster permit fishing in or Jonah crabs by a vessel with any non- EEZ by a method other than traps, to electing to fish in the Nearshore possess, retain on board, or land, in Management Area 1 or the EEZ trap gear on board capable of catching 1 lobsters, in excess of up to 1,000 crabs excess of 100 lobsters (or parts thereof), Nearshore Management Area 6 is 3 3 ⁄4 per trip, unless otherwise restricted by for each lobster day-at-sea or part of a inches (8.26 cm). paragraph (h)(2)(i)(C) of this section. lobster day-at-sea, up to a maximum of (3) The minimum lobster carapace (xiv) Transfer or attempt to transfer 500 lobsters (or parts thereof) for any length for all American lobsters Jonah crabs from one vessel to another one trip, unless otherwise restricted by harvested in or from the EEZ Nearshore vessel. § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), Management Area 2, 4, 5 and the Outer 3 (xv) Fail to comply with dealer record (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), or Cape Lobster Management Area is 3 ⁄8 keeping and reporting requirements as (b)(3)(ii) of this chapter or inches (8.57 cm). specified in § 697.6. § 697.7(c)(2)(i)(C). (4) The minimum lobster carapace (3) Any person possessing, or landing (b) Trap prohibition for non-trap length for all American lobsters landed, Jonah crabs at or prior to the time when lobster harvesters. All persons that fish harvested or possessed by vessels issued those Jonah crabs are landed, or are for, take, catch, or harvest lobsters on a a Federal limited access American received or possessed by a dealer for the fishing trip in or from the EEZ are lobster permit fishing in or electing to first time, is subject to all of the prohibited from transferring or fish in EEZ Nearshore Management Area prohibitions specified in paragraph (g) attempting to transfer American lobster 2, 4, 5 and the Outer Cape Lobster of this section, unless the Jonah crabs from one vessel to another vessel. Management Area is 33⁄8 inches (8.57 were harvested by a vessel without a (c) Trap prohibition for non-trap cm). Federal limited access American lobster lobster vessels. Any vessel on a fishing (5) Through April 30, 2015, the permit and that fishes for Jonah crabs trip in the EEZ that fishes for, takes, minimum lobster carapace length for all exclusively in state waters; or are from catches, or harvests lobster by a method American lobsters harvested in or from a charter, head, or commercial dive other than traps may not possess on the Offshore Management Area 3 is 31⁄2 vessel that possesses or possessed 50 or board, deploy, fish with, or haul back inches (8.89 cm). fewer Jonah crabs per person aboard the traps. (6) Through April 30, 2015, the vessel and the Jonah crabs are not (d) Non-trap Jonah crab landing minimum lobster carapace length for all intended for sale, trade, or barter; or are limits. In addition to the prohibitions set American lobsters landed, harvested or from a recreational fishing vessel. forth in § 600.725 of this chapter, it is possessed by vessels issued a Federal (i) Jonah crabs that are possessed, or unlawful for a vessel with any non-trap limited access American lobster permit landed at or prior to the time when the gear on board that fishes for, takes, fishing in or electing to fish in EEZ Jonah crabs are received by a dealer, or catches, or harvests Jonah crabs on a Offshore Management Area 3 is 31⁄2 Jonah crabs that are possessed by a fishing trip in or from the EEZ by a inches (8.89 cm). dealer, are presumed to have been method other than traps, to possess, (7) Effective May 1, 2015, the harvested from the EEZ or by a vessel retain on board, or land, in excess of up minimum lobster carapace length for all with a Federal limited access American to 1,000 Jonah crabs (or parts thereof), American lobsters harvested in or from

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the Offshore Management Area 3 is Management Area 3 or the Outer Cape (h) Jonah crabs—(1) Minimum Jonah 317⁄32 inches (8.97 cm). Lobster Management Area is 63⁄4 inches crab carapace width. The minimum (8) Effective May 1, 2015, the (17.15 cm). Jonah crab carapace width for all Jonah minimum lobster carapace length for all (6) The maximum lobster carapace crabs harvested in or from the EEZ 43⁄4 American lobsters landed, harvested, or length for all American lobster landed, inches (12.065 inches). possessed by vessels issued a Federal harvested, or possessed by vessels (2) Berried female Jonah crabs. (i) Any limited access American lobster permit issued a Federal limited access berried female Jonah crab harvested in fishing in or electing to fish in EEZ American lobster permit fishing in or or from the EEZ must be returned to the Offshore Management Area 3 is 317⁄32 electing to fish in EEZ Offshore sea immediately. inches (8.97 cm). Management Area 3 or the Outer Cape (ii) No vessel, or owner, operator or 3 (9) No person may ship, transport, Lobster Management Area is 6 ⁄4 inches person aboard a vessel issued a Federal offer for sale, sell, or purchase, in (17.15 cm). limited access American lobster permit interstate or foreign commerce, any * * * * * may possess any berried female Jonah whole live American lobster that is (d) Berried female lobsters. (1) Any crab. smaller than the minimum size berried female lobster harvested in or (iii) No person may possess, ship, specified in paragraph (a) of this from the EEZ must be returned to the transport, offer for sale, sell, or section. sea immediately. If any berried female purchase, in interstate or foreign (b) Maximum lobster carapace length. lobster is harvested in or from the EEZ commerce, any berried female Jonah (1) The maximum lobster carapace Nearshore Management Areas 1, 2, 4, or crab as specified in paragraph (d) of this length for all American lobster 5, or in or from the EEZ Offshore section. harvested in or from the EEZ Nearshore ° ′ Management Area 3, north of 42 30 (3) Removal of eggs. (i) No person may Management Area 1 is 5 inches (12.7 North latitude, it must be v-notched remove, including, but not limited to, cm). before being returned to sea the forcible removal and removal by (2) The maximum lobster carapace immediately. chemicals or other substances or length for all American lobster landed, (2) Any berried female lobster liquids, extruded eggs attached to the harvested, or possessed by vessels harvested or possessed by a vessel abdominal appendages from any female issued a Federal limited access issued a Federal limited access lobster Jonah crab. American lobster permit fishing in or permit must be returned to the sea electing to fish in the EEZ Nearshore immediately. If any berried female (ii) No owner, operator or person Management Area 1 is 5 inches (12.7 lobster is harvested in or from the EEZ aboard a vessel issued a Federal limited cm). Nearshore Management Areas 1, 2, 4, or access American lobster permit may (3) The maximum lobster carapace 5, or in or from the EEZ Offshore remove, including but not limited to, length for all American lobster Management Area 3, north of 42° 30′ the forcible removal, and removal by harvested in or from the EEZ Nearshore North latitude, it must be v-notched chemicals or other substances or liquids, extruded eggs attached to the Management Areas 2, 4, 5, and 6 is 51⁄4 before being returned to sea inches (13.34 cm). immediately. abdominal appendages from any female (4) The maximum lobster carapace (3) No vessel, or owner, operator or Jonah crab. length for all American lobster landed, person aboard a vessel issued a Federal (iii) No person may possess, ship, harvested, or possessed by vessels limited access American lobster permit transport, offer for sale, sell, or issued a Federal limited access may possess any berried female lobster. purchase, in interstate or foreign American lobster permit fishing in or (4) No person may possess, ship, commerce, any whole live Jonah crab electing to fish in one or more of EEZ transport, offer for sale, sell, or that bears evidence of the removal of Nearshore Management Areas 2, 4, 5, purchase, in interstate or foreign extruded eggs from its abdominal and 6 is 51⁄4 inches (13.34 cm). commerce, any berried female lobster as appendages as specified in paragraph (e) (5) The maximum lobster carapace specified in paragraph (d) of this of this section. length for all American lobster section. [FR Doc. 2019–24429 Filed 11–12–19; 8:45 am] harvested in or from EEZ Offshore * * * * * BILLING CODE 3510–22–P

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