Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Spiny Lobster Fishery Management Plans for the Caribbean and Gulf of Mexico and South Atlantic, 1148-1152 [E9-372]
Download as PDF
<![CDATA[
1148
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
including minority and low-income
communities.
§ 52.477
matter.
B. Submission to Congress and the
Comptroller General
Determination of Attainment. EPA
has determined, as of January 12, 2009,
the District of Columbia portion of the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to
attainment of the standard for as long as
the area continues to attain the 1997
PM2.5 NAAQS.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Control strategy: Particulate
Subpart V—Maryland
3. Section 52.1081 is added to read as
follows:
■
Control strategy: Particulate
the area continues to attain the 1997
PM2.5 NAAQS.
[FR Doc. E8–31305 Filed 1–9–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2007–0915; FRL–8747–7]
Approval and Promulgation of State
Implementation Plans: Oregon; Salem
Carbon Monoxide Nonattainment Area;
Designation of Areas for Air Quality
Planning Purposes
Correction
In rule document E8–30825 beginning
on page 79655 in the issue of Tuesday,
December 30, 2008, make the following
corrections:
1. On page 79655, in the third
column, in the DATES section, in the
fourth line, ‘‘January 29, 2008’’ should
read ‘‘January 29, 2009’’.
C. Petitions for Judicial Review
§ 52.1081
matter.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 13, 2009. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action, pertaining to the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
Determination of Attainment. EPA
has determined, as of January 12, 2009,
the Maryland portion of the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to
attainment of the standard for as long as
the area continues to attain the 1997
PM2.5 NAAQS.
§81.338
Subpart VV—Virginia
[Docket No. 070717349–81641–03]
List of Subjects in 40 CFR Part 52
Dated: December 19, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
dwashington3 on PROD1PC60 with RULES
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. Section 52.477 is added to read as
follows:
■
VerDate Nov<24>2008
15:14 Jan 09, 2009
Jkt 217001
[FR Doc. Z8–30825 Filed 1–9–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622 and 640
RIN 0648–AV61
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
■
[Corrected]
2. On page 79661, in § 81.338, in the
table ‘‘OREGON—CARBON
MONOXIDE’’, in the ‘‘Date’’ column,
both instances of ‘‘3/2/08’’ should read
‘‘3/2/09’’
4. Section 52.2429 is added to read as
follows:
■
§ 52.2429
matter.
Control strategy: Particulate
Determination of Attainment. EPA
has determined, as of January 12, 2009,
the Virginia portion of the Metropolitan
Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to
attainment of the standard for as long as
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendments to the Spiny Lobster
Fishery Management Plans for the
Caribbean and Gulf of Mexico and
South Atlantic
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement Amendment 4 to the Fishery
Management Plan for the Spiny Lobster
Fishery of Puerto Rico and the U.S.
Virgin Islands (Caribbean FMP)
prepared by the Caribbean Fishery
Management Council (Caribbean
E:\FR\FM\12JAR1.SGM
12JAR1
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
Council) and Amendment 8 to the
Fishery Management Plan for the Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic (Gulf and South
Atlantic FMP) prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Gulf and South
Atlantic Councils). This final rule
establishes two minimum size
restrictions for importation of spiny
lobster into the United States -one
applicable to spiny lobster imported
into any place subject to the jurisdiction
of the United States other than Puerto
Rico or the U.S. Virgin Islands, and a
more restrictive minimum size limit that
applies to Puerto Rico and the U.S.
Virgin Islands. In addition, this final
rule prohibits importation of egg-bearing
spiny lobsters and importation of spiny
lobster tail meat that is not in whole tail
form with the exoskeleton attached. The
intended effect of this final rule is to
enhance the conservation of the spiny
lobster resource and improve
effectiveness of law enforcement related
to such conservation.
DATES: This final rule is effective
February 11, 2009.
ADDRESSES: Copies of the Final
Environmental Impact Statement (FEIS),
Initial Regulatory Flexibility Analysis
(IRFA), and the Record of Decision
(ROD) may be obtained from Jason
Rueter, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701; telephone 727–
824–5305; fax 727–824–5308; e-mail
jason.rueter@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jason Rueter, telephone 727–824–5305;
fax 727–824–5308; e-mail
jason.rueter@noaa.gov.
The spiny
lobster fishery of the Caribbean is
managed under the Caribbean FMP
prepared by the Caribbean Council and
is implemented through regulations at
50 CFR part 622. The spiny lobster
fishery of the Gulf of Mexico and South
Atlantic is managed under the Gulf and
South Atlantic FMP prepared by the
Gulf and South Atlantic Councils and is
implemented through regulations at 50
CFR part 640. Both regulations are
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On October 15, 2008, NMFS
published a notice of availability of
Amendments 4 and 8 and requested
public comments (73 FR 61015). On
October 29, 2008, NMFS published the
proposed rule to implement
Amendments 4 and 8 and requested
public comments (73 FR 64295). NMFS
dwashington3 on PROD1PC60 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
15:14 Jan 09, 2009
Jkt 217001
approved Amendments 4 and 8 on
December 22, 2008. The rationale for the
measures in Amendments 4 and 8 is
provided in the amendments and in the
preamble to the proposed rule and is not
repeated here.
Comments and Responses
NMFS received four comments on the
proposed rule from two individuals, a
conservation organization,, and a
governmental agency. Three of the
comments supported all of the actions
contained in the proposed rule. One
comment opposed one aspect of the
proposed rule. The opposing comment
and NMFS’ response are provided
below.
Comment 1: One commenter opposed
the wording of the prohibition of spiny
lobster imports smaller than the
proposed minimum size limits. The
commenter believed the smaller 5–
ounce (142–gram) tail weight minimum
size limit applicable to the continental
United States could undermine the
effectiveness of the 6–ounce (170–gram)
tail weight minimum size limit
applicable to Puerto Rico and the U.S.
Virgin Islands, i.e., that the smaller
minimum size spiny lobster from the
continental United States could legally
be subsequently imported into Puerto
Rico or the U.S. Virgin Islands.
Response: This rule defines ‘‘import’’
to mean to land on, bring into, or
introduce into Puerto Rico or the U.S.
Virgin Islands, whether or not such
landing, bringing, or introduction
constitutes an importation within the
meaning of the custom laws of the
United States. This rule will prohibit
any person from importing a spiny
lobster, as defined by the rule, into
Puerto Rico or the U.S. Virgin Islands
that is less than the applicable 6–ounce
(170–gram) tail weight minimum size
limit. Thus, spiny lobster legally
imported into the continental United
States at a size less than a 6–ounce
(170–gram) tail weight could not be
legally imported into Puerto Rico or the
U.S. Virgin Islands.
Classification
The Administrator, Southeast Region,
NMFS, determined that Amendments 4
and 8 are necessary for the conservation
and management of the spiny lobster
fishery and are consistent with the
Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS prepared an FEIS for this
amendment. A notice of availability for
the FEIS was published on October 24,
2008 (73 FR 63470). A copy of the ROD
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
1149
is available from NMFS (see
ADDRESSES).
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
rule will not have a significant
economic impact on a substantial
number of small entities. The basis for
this certification follows:
This rule will implement importation
standards for spiny lobster, Panulirus
argus. These standards will increase law
enforcement’s ability to effectively
prevent the importation of undersized
spiny lobster, spiny lobster with eggs or
from which eggs have been removed,
and spiny lobster tail meat in any form
other than a whole tail with the
exoskeleton attached.
The primary entities that are expected
to be affected by this rule are businesses
that import spiny lobster into the United
States from countries: (1) Without legal
minimum size standards or with legal
minimum size standards that are less
than those of this rule, (2) without legal
prohibitions against harvesting female
lobsters with eggs, detaching their eggs
and/or removing pleopods
(swimmerets), or (3) without
prohibitions on marketing spiny lobster
tail meat in a form other than a whole
tail with the exoskeleton attached.
Businesses that import spiny lobster
are expected to be within the following
industries: Fish and Seafood Merchant
Wholesalers (NAICS 424460), Fish and
Seafood Markets (NAICS 445220), Fish
and Frozen Seafood Processing (NAICS
311712), Packaged Frozen Food
Merchant Wholesalers (NAICS 424420),
and Supermarkets and Other Grocery,
Except Convenience, Stores (NAICS
445110). The Small Business
Administration (SBA) has established
that a business in one of these industries
is a small business if it is independently
owned and operated, not dominant in
its field of operation (including its
affiliates), and if it has no more than 100
employees (NAICS 424460 and 424420),
500 employees (NAICS 311712), $6.5
million in annual receipts (NAICS
445220) or $25 million in annual
receipts (NAICS 445110). According to
Firm Size Data (www.sba.gov/advo/
research/data.html), in 2005 there were:
2,243 firms in NAICS 424460 and at
least 1,935 of those firms were small
businesses; 2,761 firms in NAICS
424420 and at least 2,113 of them were
small businesses; 504 firms in NAICS
311712 and 482 of them were small
businesses; 43,686 firms in NAICS
445110 and at least 35,511 of them were
small businesses; and 2,118 firms in
NAICS 445220 and at least 2,008 were
small businesses.
E:\FR\FM\12JAR1.SGM
12JAR1
dwashington3 on PROD1PC60 with RULES
1150
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
The U.S. is the largest importer of
spiny lobster. From 2002 through 2007,
U.S. rock lobster imports, which
includes spiny lobster, originated from
17 countries that harvest spiny lobster
(Brazil, Bahamas, Belize, Colombia,
Costa Rica, Dominican Republic,
Guatemala, Guyana, Haiti, Honduras,
Jamaica, Mexico, Nicaragua, Panama,
Trinidad and Tobago, Turks and Caicos
Islands, and Venezuela), and of these
countries, only Costa Rica, Guatemala,
Panama, and Trinidad and Tobago have
no harvest-size standards for spiny
lobster. Of the 13 countries with known
harvest-size standards, 7 have legal size
standards for spiny lobster that meet or
exceed the 5–ounce (142–gram)
minimum tail weight specified by the
rule that will apply anywhere subject to
U.S. jurisdiction, except Puerto Rico
and the U.S. Virgin Islands where a
more restrictive 6–ounce (170–gram)
minimum tail weight will apply. These
countries are: The Bahamas, Colombia,
Dominican Republic, Honduras,
Nicaragua, Turks and Caicos Islands,
and Venezuela. Three countries, Belize,
Brazil, and Mexico, have standards
similar to the minimum tail weight in
this rule and the imports from these
countries are expected to be subject to
little or no impact. Thus, the 5–ounce
(142–gram) minimum tail weight
specified by this rule could affect small
businesses that import frozen spiny
lobster from the following countries of
origin into areas subject to U.S.
jurisdiction, excluding Puerto Rico or
the U.S. Virgin Islands: Costa Rica,
Guatemala, Guyana, Haiti, Jamaica,
Panama, and Trinidad and Tobago.
Among the 17 countries of origin that
harvest spiny lobster, the following
countries prohibit the harvest of berried
(egg-bearing) lobsters: The Bahamas,
Brazil, Belize, Colombia, Costa Rica,
Dominican Republic, Haiti, Honduras,
Jamaica, Mexico, Nicaragua, Panama,
the Turks and Caicos Islands, and
Venezuela. Hence, the prohibition
against importation of berried lobsters
will not affect legal imports from these
countries. However, the prohibition
against importation of berried lobsters
could affect spiny lobster imports from
Guatemala, Martinique and Trinidad
and Tobago. Among the 17 countries of
origin listed above, only the Bahamas
and Belize have laws that prohibit the
removal of pleopods. Consequently, the
prohibition against importation of spiny
lobster with their pleopods removed
may affect imports from Brazil,
Colombia, Costa Rica, Dominican
Republic, Guatemala, Haiti, Honduras,
Jamaica, Martinique, Mexico, Nicaragua,
VerDate Nov<24>2008
15:14 Jan 09, 2009
Jkt 217001
Panama, Trinidad and Tobago, Turks
and Caicos Islands, and Venezuela.
Most imports of spiny lobster into the
U.S. (excluding Puerto Rico and the U.S.
Virgin Islands) are parts of or whole
lobster with the meat attached to the
exoskeleton. Hence, the prohibition
against imports of meat without the
exoskeleton attached is expected to
affect a small minority of imports.
U.S. Customs data show there were no
imports of rock lobster into the U.S.
Virgin Islands from 2001 through 2007.
Consequently, no small businesses that
import spiny lobster into the U.S. Virgin
Islands are expected to be affected by
this rule. The same data show imports
of rock lobster into Puerto Rico
originated from The Bahamas,
Dominican Republic and Honduras,
which have legal size standards less
than the minimum legal standards of
Puerto Rico and the U.S. Virgin Islands.
Both Puerto Rico and the U.S. Virgin
Islands, however, prohibit the
possession of spiny lobster with a
carapace less than 3.5 inches (8.89 cm),
which, in turn, prohibits the
importation of lobsters that do not meet
their size standard. Puerto Rico also
prohibits possession of berried lobsters.
Furthermore, data suggest little to none
of the spiny lobster imports into Puerto
Rico include meat with the exoskeleton
removed. Therefore, because of existing
restrictions and the absence of or
minimal spiny lobster meat imports,
this rule is not expected to affect small
businesses that import spiny lobster into
Puerto Rico.
Despite existing regulations in the
respective countries, the Western
Central Atlantic Fishery Commission
has reported that harvesting and trading
of spiny lobster below the minimum
legal size is a problem in Brazil,
Nicaragua, Honduras, and the Bahamas.
Frozen imports of rock lobster represent
the large majority of rock lobster
imports. Of the top four countries of
origin of imported frozen rock lobster
and other sea crawfish (HS 030611000)
that harvest spiny lobster,
approximately 32 percent of frozen rock
lobster and other sea crawfish by value
imported from 2002 through 2007 were
from Brazil, followed by approximately
21 percent from the Bahamas, 18
percent from Honduras, and 16 percent
from Nicaragua, for a total of about 86
percent of the frozen rock lobster
imports from countries that harvest
spiny lobster. The remaining countries
of origin are Colombia (4 percent),
Belize (3 percent), Mexico (3 percent),
Jamaica (2 percent), Panama (1 percent),
and Dominican Republic, Turks and
Caicos Islands, Haiti, Costa Rica,
Guatemala, Venezuela, Trinidad and
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Tobago, and Martinique, all under one
percent.
During the same period, 2002 through
2007, U.S. imports of non-frozen rock
lobster and other sea crawfish (HS
030621000) from countries of origin that
also harvest spiny lobster were Costa
Rica, Guatemala, Honduras, Jamaica,
Mexico, Nicaragua, Turks and Caicos
Islands, and Venezuela. Because
Honduras, Nicaragua, Turks and Caicos
Islands, and Venezuela have minimum
size standards that are equivalent to the
size standards that will apply anywhere
subject to the U.S. jurisdiction, except
Puerto Rico or the U.S. Virgin Islands,
this rule will affect small businesses
that import non-frozen spiny lobster
from the following countries of origin:
Costa Rica, Guatemala, Jamaica, and
Mexico. About 93 percent of the nonfrozen rock lobster imports by value
from countries of origin that harvest
spiny lobster are from Mexico, and
increasingly these imports from Mexico
have been live lobsters. Collectively, the
imports of non-frozen rock lobster from
these four countries of origin (Costa
Rica, Guatemala, Jamaica, and Mexico)
represent about 94 percent of the nonfrozen imports by value for countries
that harvest spiny lobster.
Customs data from January 22, 2004,
through December 31, 2007, for frozen
rock lobster imports from the top four
countries of origin (Brazil, Bahamas,
Honduras, and Nicaragua), indicate 98
businesses imported frozen rock lobster
from these 4 countries. Thirteen of these
businesses are foreign-based, and at
least 3 are subsidiaries of much larger
companies. Of the remaining 82
businesses, 45 of them imported frozen
rock lobster in 1 year, followed by 17
businesses in 2 years, 10 in 3 years, and
10 in 4 years. The number of small
businesses in any 1 year that imported
frozen rock lobster from one or more of
these countries ranged from 47 to 32
from 2004 through 2007, with an
average of 38 annually. Therefore, 86
percent of the annual imports of frozen
rock lobster from countries that harvest
spiny lobster are brought in by an
average of 38 small businesses.
The information provided above
supports a determination that this rule
will not have a significant economic
impact on a substantial number of small
or large business entities. An Initial
Regulatory Flexibility Act Analysis was
prepared for the proposed rule, and the
resultant analysis concluded the same
finding of no significant economic
impact. Public comment was solicited
on this determination through the
proposed rule. No challenge of this
determination or other substantive issue
was received through public comment
E:\FR\FM\12JAR1.SGM
12JAR1
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
on the proposed rule and, thus, no
changes were made in the rule.
Accordingly, a final regulatory
flexibility analysis was not required or
prepared. Copies of the RIR and IRFA
available (see ADDRESSES).
List of Subjects
50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 640
Fisheries, Fishing, Incorporation by
reference, Reporting and recordkeeping
requirements.
Dated: January 6, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.1, a sentence is added to
the end of paragraph (b) to read as
follows:
■
Purpose and scope.
*
*
*
*
*
(b) * * * This part also governs
importation of Caribbean spiny lobster
into Puerto Rico or the U.S. Virgin
Islands.
*
*
*
*
*
■ 3. In § 622.2, the definition of
‘‘Import’’ is added in alphabetical order
to read as follows:
Definitions and acronyms.
dwashington3 on PROD1PC60 with RULES
*
*
*
*
Import means, for the purpose of
§§ 622.1(b) and 622.50 only,—
(1) To land on, bring into, or
introduce into, or attempt to land on,
bring into, or introduce into, Puerto
Rico or the U.S. Virgin Islands, whether
or not such landing, bringing, or
introduction constitutes an importation
within the meaning of the customs laws
of the United States; but
(2) Does not include any activity
described in paragraph (1) of this
definition with respect to fish caught in
the U.S. exclusive economic zone by a
vessel of the United States.
*
*
*
*
*
VerDate Nov<24>2008
15:14 Jan 09, 2009
Jkt 217001
Prohibitions.
*
*
*
*
(ii) Fail to comply with the Caribbean
spiny lobster import prohibitions, as
specified in § 622.50.
■ 6. Section 622.50 is added to subpart
C to read as follows:
§ 622.50 Caribbean spiny lobster import
prohibitions.
■
*
(a) The relation of this part to other
laws is set forth in § 600.705 of this
chapter and paragraphs (b) through (f) of
this section.
*
*
*
*
*
(f) Regulations pertaining to
additional prohibitions on importation
of spiny lobster into any place subject
to the jurisdiction of the United States
other than Puerto Rico or the U.S. Virgin
Islands are set forth in part 640 of this
chapter.
■ 5. In § 622.7, paragraph (ii) is added
to read as follows:
*
For the reasons set out in the
preamble, 50 CFR parts 622 and 640 are
amended as follows:
§ 622.2
§ 622.3 Relation to other laws and
regulations.
§ 622.7
■
§ 622.1
4. In § 622.3, paragraph (a) is revised
and paragraph (f) is added to read as
follows:
■
(a) Minimum size limits for imported
spiny lobster. There are two minimum
size limits that apply to importation of
spiny lobster into the United States -one
that applies any place subject to the
jurisdiction of the United States other
than Puerto Rico or the U.S. Virgin
Islands, and a more restrictive minimum
size limit that applies to Puerto Rico
and the U.S. Virgin Islands.
(1) No person may import a Caribbean
spiny lobster with less than a 6–ounce
(170–gram) tail weight into Puerto Rico
or the U.S. Virgin Islands. For the
purposes of paragraph (a) of this section,
a 6–ounce (170–gram) tail weight is
defined as a tail that weighs 5.9–6.4
ounces (167–181 grams). If the
documentation accompanying an
imported Caribbean spiny lobster
(including but not limited to product
packaging, customs entry forms, bills of
lading, brokerage forms, or commercial
invoices) indicates that the product does
not satisfy the minimum tail-weight, the
person importing such Caribbean spiny
lobster has the burden to prove that
such Caribbean spiny lobster actually
does satisfy the minimum tail-weight
requirement or that such Caribbean
spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such
Caribbean spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm)
or greater. If the imported product itself
does not satisfy the minimum tailweight requirement, the person
importing such Caribbean spiny lobster
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
1151
has the burden to prove that such
Caribbean spiny lobster has a tail length
of 6.2 inches (15.75 cm) or greater or
that such Caribbean spiny lobster has or
had a carapace length of 3.5 inches (8.89
cm) or greater. If the burden is satisfied
such Caribbean spiny lobster will be
considered to be in compliance with the
minimum 6–ounce (170–gram) tailweight requirement.
(2) See § 640.27 of this chapter
regarding the minimum size limit that
applies to spiny lobster imported into
any place subject to the jurisdiction of
the United States other than Puerto Rico
or the U.S. Virgin Islands.
(b) Additional Caribbean spiny lobster
import prohibitions—(1) Prohibition
related to tail meat. No person may
import into any place subject to the
jurisdiction of the United States
Caribbean spiny lobster tail meat that is
not in whole tail form with the
exoskeleton attached.
(2) Prohibitions related to egg-bearing
spiny lobster. No person may import
into any place subject to the jurisdiction
of the United States Caribbean spiny
lobster with eggs attached or Caribbean
spiny lobster from which eggs or
pleopods (swimmerets) have been
removed or stripped. Pleopods
(swimmerets) are the first five pairs of
abdominal appendages.
PART 640—SPINY LOBSTER FISHERY
OF THE GULF OF MEXICO AND
SOUTH ATLANTIC
7. The authority citation for part 640
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
8. Section 640.1 is revised to read as
follows:
■
§ 640.1
Purpose and scope.
(a) The purpose of this part is to
implement the Fishery Management
Plan for the Spiny Lobster Fishery of the
Gulf of Mexico and South Atlantic
prepared by the South Atlantic and Gulf
of Mexico Fishery Management
Councils under the Magnuson-Stevens
Act.
(b) This part governs conservation and
management of spiny lobster and
slipper (Spanish) lobster in the EEZ in
the Atlantic Ocean and Gulf of Mexico
off the Atlantic and Gulf of Mexico
states from the Virginia/North Carolina
border south and through the Gulf of
Mexico. This part also governs
importation of spiny lobster into any
place subject to the jurisdiction of the
United States.
(c) An owner or operator of a vessel
that has legally harvested spiny lobsters
in the waters of a foreign nation and
possesses spiny lobster, or separated
E:\FR\FM\12JAR1.SGM
12JAR1
1152
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
tails, in the EEZ incidental to such
foreign harvesting is exempt from the
requirements of this part 640, except for
§ 640.27 with which such an owner or
operator must comply, provided proof
of lawful harvest in the waters of a
foreign nation accompanies such
lobsters or tails.
■ 9. In § 640.2, the definition for
‘‘Regional Director’’ is removed, the
definition for ‘‘Spiny lobster’’ is revised,
and definitions for ‘‘Import’’ and
‘‘Regional Administrator’’ are added in
alphabetical order to read as follows:
§ 640.2
Definitions.
*
*
*
*
*
Import means—
(1) To land on, bring into, or
introduce into, or attempt to land on,
bring into, or introduce into, any place
subject to the jurisdiction of the United
States, whether or not such landing,
bringing, or introduction constitutes an
importation within the meaning of the
customs laws of the United States; but
(2) Does not include any activity
described in paragraph (1) of this
definition with respect to fish caught in
the U.S. exclusive economic zone by a
vessel of the United States.
*
*
*
*
*
Regional Administrator (RA), for the
purposes of this part, means the
Administrator, Southeast Region,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701, or a designee.
*
*
*
*
*
Spiny lobster means the species
Panulirus argus, or a part thereof.
*
*
*
*
*
■ 10. In § 640.3, paragraph (a) is revised,
and paragraph (c) is added to read as
follows:
§ 640.3
Relation to other laws.
dwashington3 on PROD1PC60 with RULES
(a) The relation of this part to other
laws is set forth in § 600.705 of this
chapter and paragraphs (b) and (c) of
this section.
*
*
*
*
*
(c) Regulations pertaining to
additional prohibitions on importation
of spiny lobster into Puerto Rico or the
VerDate Nov<24>2008
21:30 Jan 09, 2009
Jkt 217001
U.S. Virgin Islands are set forth in part
622 of this chapter.
■ 11. In § 640.7, introductory text is
revised, and paragraph (w) is added to
read as follows:
§ 640.7
Prohibitions.
In addition to the general prohibitions
specified in § 600.725 of this chapter, it
is unlawful for any person to do any of
the following:
*
*
*
*
*
(w) Fail to comply with the spiny
lobster import prohibitions, as specified
in § 640.27.
■ 12. Section 640.8 is revised to read as
follows:
§ 640.8
Facilitation of enforcement.
See § 600.730 of this chapter.
■ 13. Section 640.9 is revised to read as
follows:
§ 640.9
Penalties.
See § 600.735 of this chapter.
■ 14. Section 640.27 is added to subpart
B to read as follows:
§ 640.27
Spiny lobster import prohibitions.
(a) Minimum size limits for imported
spiny lobster. There are two minimum
size limits that apply to importation of
spiny lobster into the United States -one
that applies any place subject to the
jurisdiction of the United States other
than Puerto Rico or the U.S. Virgin
Islands, and a more restrictive minimum
size limit that applies to Puerto Rico
and the U.S. Virgin Islands.
(1) No person may import a spiny
lobster with less than a 5–ounce (142–
gram) tail weight into any place subject
to the jurisdiction of the United States
excluding Puerto Rico and the U.S.
Virgin Islands. For the purposes of
paragraph (a) of this section, a 5–ounce
(142–gram) tail weight is defined as a
tail that weighs 4.2–5.4 ounces (119–153
grams). If the documentation
accompanying an imported spiny
lobster (including but not limited to
product packaging, customs entry forms,
bills of lading, brokerage forms, or
commercial invoices) indicates that the
product does not satisfy the minimum
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
tail-weight requirement, the person
importing such spiny lobster has the
burden to prove that such spiny lobster
actually does satisfy the minimum tailweight requirement or that such spiny
lobster has a tail length of 5.5 inches
(13.97 cm) or greater or that such spiny
lobster has or had a carapace length of
greater than 3.0 inches (7.62 cm). If the
imported product itself does not satisfy
the minimum tail-weight requirement,
the person importing such spiny lobster
has the burden to prove that such spiny
lobster has a tail length of 5.5 inches
(13.97 cm) or greater or that such spiny
lobster has or had a carapace length of
greater than 3.0 inches (7.62 cm). If the
burden is satisfied, such spiny lobster
will be considered to be in compliance
with the minimum 5–ounce (142–gram)
tail-weight requirement.
(2) See § 622.50 of this chapter
regarding a more restrictive minimum
size limit that applies to spiny lobster
imported into Puerto Rico or the U.S.
Virgin Islands.
(b) Additional spiny lobster import
prohibitions —(1) Prohibition related to
tail meat. No person may import into
any place subject to the jurisdiction of
the United States spiny lobster tail meat
that is not in whole tail form with the
exoskeleton attached.
(2) Prohibitions related to egg-bearing
spiny lobster. No person may import
into any place subject to the jurisdiction
of the United States spiny lobster with
eggs attached or spiny lobster from
which eggs or pleopods (swimmerets)
have been removed or stripped.
Pleopods (swimmerets) are the first five
pairs of abdominal appendages.
PART 640 [AMENDED]
15. In addition to the amendments set
forth above, in 50 CFR part 640, remove
the words ‘‘Magnuson Act’’ and
‘‘Regional Director’’ and add in their
places the words ‘‘Magnuson-Stevens
Act’’ and ‘‘Regional Administrator’’,
respectively, wherever they occur.
■
[FR Doc. E9–372 Filed 1–9–09; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\12JAR1.SGM
12JAR1
]]>Agencies
[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Rules and Regulations]
[Pages 1148-1152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-372]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 640
[Docket No. 070717349-81641-03]
RIN 0648-AV61
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendments to the Spiny Lobster Fishery Management Plans for the
Caribbean and Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Amendment 4 to the
Fishery Management Plan for the Spiny Lobster Fishery of Puerto Rico
and the U.S. Virgin Islands (Caribbean FMP) prepared by the Caribbean
Fishery Management Council (Caribbean
[[Page 1149]]
Council) and Amendment 8 to the Fishery Management Plan for the Spiny
Lobster Fishery of the Gulf of Mexico and South Atlantic (Gulf and
South Atlantic FMP) prepared by the Gulf of Mexico and South Atlantic
Fishery Management Councils (Gulf and South Atlantic Councils). This
final rule establishes two minimum size restrictions for importation of
spiny lobster into the United States -one applicable to spiny lobster
imported into any place subject to the jurisdiction of the United
States other than Puerto Rico or the U.S. Virgin Islands, and a more
restrictive minimum size limit that applies to Puerto Rico and the U.S.
Virgin Islands. In addition, this final rule prohibits importation of
egg-bearing spiny lobsters and importation of spiny lobster tail meat
that is not in whole tail form with the exoskeleton attached. The
intended effect of this final rule is to enhance the conservation of
the spiny lobster resource and improve effectiveness of law enforcement
related to such conservation.
DATES: This final rule is effective February 11, 2009.
ADDRESSES: Copies of the Final Environmental Impact Statement (FEIS),
Initial Regulatory Flexibility Analysis (IRFA), and the Record of
Decision (ROD) may be obtained from Jason Rueter, Southeast Regional
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701;
telephone 727-824-5305; fax 727-824-5308; e-mail jason.rueter@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5305;
fax 727-824-5308; e-mail jason.rueter@noaa.gov.
SUPPLEMENTARY INFORMATION: The spiny lobster fishery of the Caribbean
is managed under the Caribbean FMP prepared by the Caribbean Council
and is implemented through regulations at 50 CFR part 622. The spiny
lobster fishery of the Gulf of Mexico and South Atlantic is managed
under the Gulf and South Atlantic FMP prepared by the Gulf and South
Atlantic Councils and is implemented through regulations at 50 CFR part
640. Both regulations are implemented under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On October 15, 2008, NMFS published a notice of availability of
Amendments 4 and 8 and requested public comments (73 FR 61015). On
October 29, 2008, NMFS published the proposed rule to implement
Amendments 4 and 8 and requested public comments (73 FR 64295). NMFS
approved Amendments 4 and 8 on December 22, 2008. The rationale for the
measures in Amendments 4 and 8 is provided in the amendments and in the
preamble to the proposed rule and is not repeated here.
Comments and Responses
NMFS received four comments on the proposed rule from two
individuals, a conservation organization,, and a governmental agency.
Three of the comments supported all of the actions contained in the
proposed rule. One comment opposed one aspect of the proposed rule. The
opposing comment and NMFS' response are provided below.
Comment 1: One commenter opposed the wording of the prohibition of
spiny lobster imports smaller than the proposed minimum size limits.
The commenter believed the smaller 5-ounce (142-gram) tail weight
minimum size limit applicable to the continental United States could
undermine the effectiveness of the 6-ounce (170-gram) tail weight
minimum size limit applicable to Puerto Rico and the U.S. Virgin
Islands, i.e., that the smaller minimum size spiny lobster from the
continental United States could legally be subsequently imported into
Puerto Rico or the U.S. Virgin Islands.
Response: This rule defines ``import'' to mean to land on, bring
into, or introduce into Puerto Rico or the U.S. Virgin Islands, whether
or not such landing, bringing, or introduction constitutes an
importation within the meaning of the custom laws of the United States.
This rule will prohibit any person from importing a spiny lobster, as
defined by the rule, into Puerto Rico or the U.S. Virgin Islands that
is less than the applicable 6-ounce (170-gram) tail weight minimum size
limit. Thus, spiny lobster legally imported into the continental United
States at a size less than a 6-ounce (170-gram) tail weight could not
be legally imported into Puerto Rico or the U.S. Virgin Islands.
Classification
The Administrator, Southeast Region, NMFS, determined that
Amendments 4 and 8 are necessary for the conservation and management of
the spiny lobster fishery and are consistent with the Magnuson-Stevens
Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an FEIS for this amendment. A notice of availability
for the FEIS was published on October 24, 2008 (73 FR 63470). A copy of
the ROD is available from NMFS (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant economic
impact on a substantial number of small entities. The basis for this
certification follows:
This rule will implement importation standards for spiny lobster,
Panulirus argus. These standards will increase law enforcement's
ability to effectively prevent the importation of undersized spiny
lobster, spiny lobster with eggs or from which eggs have been removed,
and spiny lobster tail meat in any form other than a whole tail with
the exoskeleton attached.
The primary entities that are expected to be affected by this rule
are businesses that import spiny lobster into the United States from
countries: (1) Without legal minimum size standards or with legal
minimum size standards that are less than those of this rule, (2)
without legal prohibitions against harvesting female lobsters with
eggs, detaching their eggs and/or removing pleopods (swimmerets), or
(3) without prohibitions on marketing spiny lobster tail meat in a form
other than a whole tail with the exoskeleton attached.
Businesses that import spiny lobster are expected to be within the
following industries: Fish and Seafood Merchant Wholesalers (NAICS
424460), Fish and Seafood Markets (NAICS 445220), Fish and Frozen
Seafood Processing (NAICS 311712), Packaged Frozen Food Merchant
Wholesalers (NAICS 424420), and Supermarkets and Other Grocery, Except
Convenience, Stores (NAICS 445110). The Small Business Administration
(SBA) has established that a business in one of these industries is a
small business if it is independently owned and operated, not dominant
in its field of operation (including its affiliates), and if it has no
more than 100 employees (NAICS 424460 and 424420), 500 employees (NAICS
311712), $6.5 million in annual receipts (NAICS 445220) or $25 million
in annual receipts (NAICS 445110). According to Firm Size Data
(www.sba.gov/advo/research/data.html), in 2005 there were: 2,243 firms
in NAICS 424460 and at least 1,935 of those firms were small
businesses; 2,761 firms in NAICS 424420 and at least 2,113 of them were
small businesses; 504 firms in NAICS 311712 and 482 of them were small
businesses; 43,686 firms in NAICS 445110 and at least 35,511 of them
were small businesses; and 2,118 firms in NAICS 445220 and at least
2,008 were small businesses.
[[Page 1150]]
The U.S. is the largest importer of spiny lobster. From 2002
through 2007, U.S. rock lobster imports, which includes spiny lobster,
originated from 17 countries that harvest spiny lobster (Brazil,
Bahamas, Belize, Colombia, Costa Rica, Dominican Republic, Guatemala,
Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Trinidad
and Tobago, Turks and Caicos Islands, and Venezuela), and of these
countries, only Costa Rica, Guatemala, Panama, and Trinidad and Tobago
have no harvest-size standards for spiny lobster. Of the 13 countries
with known harvest-size standards, 7 have legal size standards for
spiny lobster that meet or exceed the 5-ounce (142-gram) minimum tail
weight specified by the rule that will apply anywhere subject to U.S.
jurisdiction, except Puerto Rico and the U.S. Virgin Islands where a
more restrictive 6-ounce (170-gram) minimum tail weight will apply.
These countries are: The Bahamas, Colombia, Dominican Republic,
Honduras, Nicaragua, Turks and Caicos Islands, and Venezuela. Three
countries, Belize, Brazil, and Mexico, have standards similar to the
minimum tail weight in this rule and the imports from these countries
are expected to be subject to little or no impact. Thus, the 5-ounce
(142-gram) minimum tail weight specified by this rule could affect
small businesses that import frozen spiny lobster from the following
countries of origin into areas subject to U.S. jurisdiction, excluding
Puerto Rico or the U.S. Virgin Islands: Costa Rica, Guatemala, Guyana,
Haiti, Jamaica, Panama, and Trinidad and Tobago.
Among the 17 countries of origin that harvest spiny lobster, the
following countries prohibit the harvest of berried (egg-bearing)
lobsters: The Bahamas, Brazil, Belize, Colombia, Costa Rica, Dominican
Republic, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, the
Turks and Caicos Islands, and Venezuela. Hence, the prohibition against
importation of berried lobsters will not affect legal imports from
these countries. However, the prohibition against importation of
berried lobsters could affect spiny lobster imports from Guatemala,
Martinique and Trinidad and Tobago. Among the 17 countries of origin
listed above, only the Bahamas and Belize have laws that prohibit the
removal of pleopods. Consequently, the prohibition against importation
of spiny lobster with their pleopods removed may affect imports from
Brazil, Colombia, Costa Rica, Dominican Republic, Guatemala, Haiti,
Honduras, Jamaica, Martinique, Mexico, Nicaragua, Panama, Trinidad and
Tobago, Turks and Caicos Islands, and Venezuela.
Most imports of spiny lobster into the U.S. (excluding Puerto Rico
and the U.S. Virgin Islands) are parts of or whole lobster with the
meat attached to the exoskeleton. Hence, the prohibition against
imports of meat without the exoskeleton attached is expected to affect
a small minority of imports.
U.S. Customs data show there were no imports of rock lobster into
the U.S. Virgin Islands from 2001 through 2007. Consequently, no small
businesses that import spiny lobster into the U.S. Virgin Islands are
expected to be affected by this rule. The same data show imports of
rock lobster into Puerto Rico originated from The Bahamas, Dominican
Republic and Honduras, which have legal size standards less than the
minimum legal standards of Puerto Rico and the U.S. Virgin Islands.
Both Puerto Rico and the U.S. Virgin Islands, however, prohibit the
possession of spiny lobster with a carapace less than 3.5 inches (8.89
cm), which, in turn, prohibits the importation of lobsters that do not
meet their size standard. Puerto Rico also prohibits possession of
berried lobsters. Furthermore, data suggest little to none of the spiny
lobster imports into Puerto Rico include meat with the exoskeleton
removed. Therefore, because of existing restrictions and the absence of
or minimal spiny lobster meat imports, this rule is not expected to
affect small businesses that import spiny lobster into Puerto Rico.
Despite existing regulations in the respective countries, the
Western Central Atlantic Fishery Commission has reported that
harvesting and trading of spiny lobster below the minimum legal size is
a problem in Brazil, Nicaragua, Honduras, and the Bahamas. Frozen
imports of rock lobster represent the large majority of rock lobster
imports. Of the top four countries of origin of imported frozen rock
lobster and other sea crawfish (HS 030611000) that harvest spiny
lobster, approximately 32 percent of frozen rock lobster and other sea
crawfish by value imported from 2002 through 2007 were from Brazil,
followed by approximately 21 percent from the Bahamas, 18 percent from
Honduras, and 16 percent from Nicaragua, for a total of about 86
percent of the frozen rock lobster imports from countries that harvest
spiny lobster. The remaining countries of origin are Colombia (4
percent), Belize (3 percent), Mexico (3 percent), Jamaica (2 percent),
Panama (1 percent), and Dominican Republic, Turks and Caicos Islands,
Haiti, Costa Rica, Guatemala, Venezuela, Trinidad and Tobago, and
Martinique, all under one percent.
During the same period, 2002 through 2007, U.S. imports of non-
frozen rock lobster and other sea crawfish (HS 030621000) from
countries of origin that also harvest spiny lobster were Costa Rica,
Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Turks and Caicos
Islands, and Venezuela. Because Honduras, Nicaragua, Turks and Caicos
Islands, and Venezuela have minimum size standards that are equivalent
to the size standards that will apply anywhere subject to the U.S.
jurisdiction, except Puerto Rico or the U.S. Virgin Islands, this rule
will affect small businesses that import non-frozen spiny lobster from
the following countries of origin: Costa Rica, Guatemala, Jamaica, and
Mexico. About 93 percent of the non-frozen rock lobster imports by
value from countries of origin that harvest spiny lobster are from
Mexico, and increasingly these imports from Mexico have been live
lobsters. Collectively, the imports of non-frozen rock lobster from
these four countries of origin (Costa Rica, Guatemala, Jamaica, and
Mexico) represent about 94 percent of the non-frozen imports by value
for countries that harvest spiny lobster.
Customs data from January 22, 2004, through December 31, 2007, for
frozen rock lobster imports from the top four countries of origin
(Brazil, Bahamas, Honduras, and Nicaragua), indicate 98 businesses
imported frozen rock lobster from these 4 countries. Thirteen of these
businesses are foreign-based, and at least 3 are subsidiaries of much
larger companies. Of the remaining 82 businesses, 45 of them imported
frozen rock lobster in 1 year, followed by 17 businesses in 2 years, 10
in 3 years, and 10 in 4 years. The number of small businesses in any 1
year that imported frozen rock lobster from one or more of these
countries ranged from 47 to 32 from 2004 through 2007, with an average
of 38 annually. Therefore, 86 percent of the annual imports of frozen
rock lobster from countries that harvest spiny lobster are brought in
by an average of 38 small businesses.
The information provided above supports a determination that this
rule will not have a significant economic impact on a substantial
number of small or large business entities. An Initial Regulatory
Flexibility Act Analysis was prepared for the proposed rule, and the
resultant analysis concluded the same finding of no significant
economic impact. Public comment was solicited on this determination
through the proposed rule. No challenge of this determination or other
substantive issue was received through public comment
[[Page 1151]]
on the proposed rule and, thus, no changes were made in the rule.
Accordingly, a final regulatory flexibility analysis was not required
or prepared. Copies of the RIR and IRFA available (see ADDRESSES).
List of Subjects
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 640
Fisheries, Fishing, Incorporation by reference, Reporting and
recordkeeping requirements.
Dated: January 6, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR parts 622 and 640 are
amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.1, a sentence is added to the end of paragraph (b) to
read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(b) * * * This part also governs importation of Caribbean spiny
lobster into Puerto Rico or the U.S. Virgin Islands.
* * * * *
0
3. In Sec. 622.2, the definition of ``Import'' is added in
alphabetical order to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Import means, for the purpose of Sec. Sec. 622.1(b) and 622.50
only,--
(1) To land on, bring into, or introduce into, or attempt to land
on, bring into, or introduce into, Puerto Rico or the U.S. Virgin
Islands, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of
the United States; but
(2) Does not include any activity described in paragraph (1) of
this definition with respect to fish caught in the U.S. exclusive
economic zone by a vessel of the United States.
* * * * *
0
4. In Sec. 622.3, paragraph (a) is revised and paragraph (f) is added
to read as follows:
Sec. 622.3 Relation to other laws and regulations.
(a) The relation of this part to other laws is set forth in Sec.
600.705 of this chapter and paragraphs (b) through (f) of this section.
* * * * *
(f) Regulations pertaining to additional prohibitions on
importation of spiny lobster into any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands
are set forth in part 640 of this chapter.
0
5. In Sec. 622.7, paragraph (ii) is added to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(ii) Fail to comply with the Caribbean spiny lobster import
prohibitions, as specified in Sec. 622.50.
0
6. Section 622.50 is added to subpart C to read as follows:
Sec. 622.50 Caribbean spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. There are two
minimum size limits that apply to importation of spiny lobster into the
United States -one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and a more restrictive minimum size limit that applies to Puerto Rico
and the U.S. Virgin Islands.
(1) No person may import a Caribbean spiny lobster with less than a
6-ounce (170-gram) tail weight into Puerto Rico or the U.S. Virgin
Islands. For the purposes of paragraph (a) of this section, a 6-ounce
(170-gram) tail weight is defined as a tail that weighs 5.9-6.4 ounces
(167-181 grams). If the documentation accompanying an imported
Caribbean spiny lobster (including but not limited to product
packaging, customs entry forms, bills of lading, brokerage forms, or
commercial invoices) indicates that the product does not satisfy the
minimum tail-weight, the person importing such Caribbean spiny lobster
has the burden to prove that such Caribbean spiny lobster actually does
satisfy the minimum tail-weight requirement or that such Caribbean
spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or
that such Caribbean spiny lobster has or had a carapace length of 3.5
inches (8.89 cm) or greater. If the imported product itself does not
satisfy the minimum tail-weight requirement, the person importing such
Caribbean spiny lobster has the burden to prove that such Caribbean
spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or
that such Caribbean spiny lobster has or had a carapace length of 3.5
inches (8.89 cm) or greater. If the burden is satisfied such Caribbean
spiny lobster will be considered to be in compliance with the minimum
6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 640.27 of this chapter regarding the minimum size
limit that applies to spiny lobster imported into any place subject to
the jurisdiction of the United States other than Puerto Rico or the
U.S. Virgin Islands.
(b) Additional Caribbean spiny lobster import prohibitions--(1)
Prohibition related to tail meat. No person may import into any place
subject to the jurisdiction of the United States Caribbean spiny
lobster tail meat that is not in whole tail form with the exoskeleton
attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States Caribbean spiny lobster with eggs attached or Caribbean spiny
lobster from which eggs or pleopods (swimmerets) have been removed or
stripped. Pleopods (swimmerets) are the first five pairs of abdominal
appendages.
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH
ATLANTIC
0
7. The authority citation for part 640 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
8. Section 640.1 is revised to read as follows:
Sec. 640.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South
Atlantic prepared by the South Atlantic and Gulf of Mexico Fishery
Management Councils under the Magnuson-Stevens Act.
(b) This part governs conservation and management of spiny lobster
and slipper (Spanish) lobster in the EEZ in the Atlantic Ocean and Gulf
of Mexico off the Atlantic and Gulf of Mexico states from the Virginia/
North Carolina border south and through the Gulf of Mexico. This part
also governs importation of spiny lobster into any place subject to the
jurisdiction of the United States.
(c) An owner or operator of a vessel that has legally harvested
spiny lobsters in the waters of a foreign nation and possesses spiny
lobster, or separated
[[Page 1152]]
tails, in the EEZ incidental to such foreign harvesting is exempt from
the requirements of this part 640, except for Sec. 640.27 with which
such an owner or operator must comply, provided proof of lawful harvest
in the waters of a foreign nation accompanies such lobsters or tails.
0
9. In Sec. 640.2, the definition for ``Regional Director'' is removed,
the definition for ``Spiny lobster'' is revised, and definitions for
``Import'' and ``Regional Administrator'' are added in alphabetical
order to read as follows:
Sec. 640.2 Definitions.
* * * * *
Import means--
(1) To land on, bring into, or introduce into, or attempt to land
on, bring into, or introduce into, any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the customs laws of the United States; but
(2) Does not include any activity described in paragraph (1) of
this definition with respect to fish caught in the U.S. exclusive
economic zone by a vessel of the United States.
* * * * *
Regional Administrator (RA), for the purposes of this part, means
the Administrator, Southeast Region, NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701, or a designee.
* * * * *
Spiny lobster means the species Panulirus argus, or a part thereof.
* * * * *
0
10. In Sec. 640.3, paragraph (a) is revised, and paragraph (c) is
added to read as follows:
Sec. 640.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in Sec.
600.705 of this chapter and paragraphs (b) and (c) of this section.
* * * * *
(c) Regulations pertaining to additional prohibitions on
importation of spiny lobster into Puerto Rico or the U.S. Virgin
Islands are set forth in part 622 of this chapter.
0
11. In Sec. 640.7, introductory text is revised, and paragraph (w) is
added to read as follows:
Sec. 640.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to do any of the
following:
* * * * *
(w) Fail to comply with the spiny lobster import prohibitions, as
specified in Sec. 640.27.
0
12. Section 640.8 is revised to read as follows:
Sec. 640.8 Facilitation of enforcement.
See Sec. 600.730 of this chapter.
0
13. Section 640.9 is revised to read as follows:
Sec. 640.9 Penalties.
See Sec. 600.735 of this chapter.
0
14. Section 640.27 is added to subpart B to read as follows:
Sec. 640.27 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. There are two
minimum size limits that apply to importation of spiny lobster into the
United States -one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and a more restrictive minimum size limit that applies to Puerto Rico
and the U.S. Virgin Islands.
(1) No person may import a spiny lobster with less than a 5-ounce
(142-gram) tail weight into any place subject to the jurisdiction of
the United States excluding Puerto Rico and the U.S. Virgin Islands.
For the purposes of paragraph (a) of this section, a 5-ounce (142-gram)
tail weight is defined as a tail that weighs 4.2-5.4 ounces (119-153
grams). If the documentation accompanying an imported spiny lobster
(including but not limited to product packaging, customs entry forms,
bills of lading, brokerage forms, or commercial invoices) indicates
that the product does not satisfy the minimum tail-weight requirement,
the person importing such spiny lobster has the burden to prove that
such spiny lobster actually does satisfy the minimum tail-weight
requirement or that such spiny lobster has a tail length of 5.5 inches
(13.97 cm) or greater or that such spiny lobster has or had a carapace
length of greater than 3.0 inches (7.62 cm). If the imported product
itself does not satisfy the minimum tail-weight requirement, the person
importing such spiny lobster has the burden to prove that such spiny
lobster has a tail length of 5.5 inches (13.97 cm) or greater or that
such spiny lobster has or had a carapace length of greater than 3.0
inches (7.62 cm). If the burden is satisfied, such spiny lobster will
be considered to be in compliance with the minimum 5-ounce (142-gram)
tail-weight requirement.
(2) See Sec. 622.50 of this chapter regarding a more restrictive
minimum size limit that applies to spiny lobster imported into Puerto
Rico or the U.S. Virgin Islands.
(b) Additional spiny lobster import prohibitions --(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
(swimmerets) are the first five pairs of abdominal appendages.
PART 640 [AMENDED]
0
15. In addition to the amendments set forth above, in 50 CFR part 640,
remove the words ``Magnuson Act'' and ``Regional Director'' and add in
their places the words ``Magnuson-Stevens Act'' and ``Regional
Administrator'', respectively, wherever they occur.
[FR Doc. E9-372 Filed 1-9-09; 8:45 am]
BILLING CODE 3510-22-S
