Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendment 10 to the Fishery Management Plan for Spiny Lobster Resources of the Gulf of Mexico and South Atlantic, 11843-11844 [2010-5466]
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Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
services; and facilitating the formation
of shippers’ associations.
II. Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
srobinson on DSKHWCL6B1PROD with NOTICES
III. Export Trade Activities and
Methods of Operation
1. With respect to the export of
Products and Services, licensing of
Technology Rights and provision of
Export Trade Facilitation Services, EFS
International, subject to the terms and
conditions listed below, may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services and engage in promotional and
marketing activities;
b. Collect information on trade
opportunities in the Export Markets and
distribute such information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets; and taking title to when
provided in order to facilitate the export
of goods or services produced in the
United States;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights;
i. Enter into contracts for shipping to
Export Markets; and
j. Refuse to provide Export Trade
Facilitation Services to customers in any
Export Market or Markets.
2. EFS International may exchange
information with individual Suppliers
on a one-to-one basis regarding that
Supplier’s inventories and near-term
production schedules in order that the
availability of Products for export can be
determined and effectively coordinated
by EFS International with its
distributors in Export Markets.
VerDate Nov<24>2008
17:18 Mar 11, 2010
Jkt 220001
IV. Terms and Conditions
1. In engaging in Export Trade
Activities and Methods of Operation,
EFS International will not intentionally
disclose, directly or indirectly, to any
Supplier any information about any
other Supplier’s costs, production,
capacity, inventories, domestic prices,
domestic sales, or U.S. business plans,
strategies, or methods that is not already
generally available to the trade or
public.
2. EFS International will comply with
requests made by the Secretary of
Commerce on behalf of the Secretary or
the Attorney General for information or
documents relevant to conduct under
the Certificate. The Secretary of
Commerce will request such
information or documents when either
the Attorney General or the Secretary of
Commerce believes that the information
or documents are required to determine
that the Export Trade, Export Trade
Activities and Methods of Operation of
a person protected by this Certificate of
Review continue to comply with the
standards of section 303(a) of the Act.
Definition
‘‘Supplier’’ means a person who
produces, provides, or sells Products,
Services, and/or Technology Rights.
Dated: March 8, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2010–5388 Filed 3–11–10; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AY72
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendment 10 to the Fishery
Management Plan for Spiny Lobster
Resources of the Gulf of Mexico and
South Atlantic
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Intent (NOI) to prepare
an environmental impact statement
(EIS); request for comments.
SUMMARY: NMFS, Southeast Region, in
collaboration with the Gulf of Mexico
and South Atlantic Fishery Management
Councils (Councils) intends to prepare
an EIS to describe and analyze a range
of alternatives for management actions
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
11843
to be included in an amendment to the
Fishery Management Plan for the Spiny
Lobster Resources of the Gulf of Mexico
and South Atlantic (FMP). These
alternatives will consider measures to
set annual catch limits (ACLs) and
accountability measures (AMs) for
Caribbean spiny lobster; delegate
management of Caribbean spiny lobster
to Florida; remove from the FMP or
reclassify several other species of lobster
currently in the FMP; establish sector
allocations; redefine biological reference
points; update the framework process;
and set other management measures.
The purpose of this NOI is to solicit
public comments on the scope of issues
to be addressed in the EIS.
DATES: Written comments on the scope
of issues to be addressed in the EIS must
be received by NMFS by April 12, 2010.
ADDRESSES: You may submit comments,
identified by RIN 0648–AY72, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal https://
www.regulations.gov
• Mail: Susan Gerhart, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701
Instructions: No comments will be
posted for public viewing until after the
comment period is over. All comments
received are a part of the public record
and will All comments received are a
part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. Comments
should apply to the control date as an
eligibility requirement for a catch share
program, not the catch share program
itself.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ‘‘NOAANMFS–2010–0044’’ in the keyword
search, then select ‘‘Send a Comment or
Submission.’’ NMFS will accept
anonymous comments (enter N/A in the
required fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart; phone: (727) 824–5305.
SUPPLEMENTARY INFORMATION: In 2006,
the Magnuson-Stevens Fishery
Conservation and Management Act was
re-authorized and included a number of
E:\FR\FM\12MRN1.SGM
12MRN1
srobinson on DSKHWCL6B1PROD with NOTICES
11844
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
changes to improve conservation of
managed fishery resources. Included in
these changes are requirements that the
Regional Councils establish both a
mechanism for specifying ACLs at a
level such that overfishing does not
occur in a fishery and AMs to correct if
overages occur. This EIS would analyze
actions to set initial ACLs and AMs for
Caribbean spiny lobster and possibly
other lobster species in the fishery
management unit.
The highest landings and most
Federal regulations are for the Caribbean
spiny lobster (Panulirus argus). One
action under consideration would
delegate some Caribbean spiny lobster
regulations (e.g., bag/possession limits
and size limits) to the Florida Fish and
Wildlife Conservation Commission
(FWC). If regulations under the FMP are
delegated to Florida FWC, NMFS and
the Councils would still need to meet
the ACL and AM requirements of the
Magnuson-Stevens Act.
Four other species of lobster are
within the FMP: the smoothtail spiny
lobster (Panulirus laevicaus), the
spotted spiny lobster (Panulirus
guttatus), the Spanish slipper lobster
(Scyllarides aequinoctialis), and the
ridged slipper lobster (Scyllarides
nodifer). Only the ridged slipper lobster
is specified in the regulations; the other
species are in the management unit for
data collection purposes only. Because
landings information is scarce and
incomplete, setting ACLs would be
difficult for these species. The Councils
could list these four species as
ecosystem components or remove them
from the FMP; in either case, ACLs and
AMs would not be required.
Current definitions of maximum
sustainable yield (MSY), optimum yield
(OY), overfishing, and overfished were
set for Caribbean spiny lobster in
Amendment 6 to the FMP. Currently,
the Gulf of Mexico and South Atlantic
Councils have different definitions for
each biological reference point. The
Councils may modify these definitions
based on the results of an upcoming
stock assessment and the
recommendation of the Council
Scientific and Statistical Committees. A
single definition for each biological
reference point that could be used by
both Councils would simplify
management.
The implementation process for a
plan amendment can take over a year
from initial scoping to final
implementation. Framework procedures
provide a mechanism for timelier
implementation of routine actions such
as setting ACLs, and a guideline for
implementing such actions in a
consistent manner. The Spiny Lobster
VerDate Nov<24>2008
17:18 Mar 11, 2010
Jkt 220001
FMP framework procedure was set in
Amendment 2 to the FMP and allows
changes to be made to gear and harvest
restrictions. Revision of the current
framework procedure would allow
adjustments to ACLs and catch targets.
Amendment 2 also contains a process
for the State of Florida to propose
modifications to regulations. This
process is now outdated and needs to be
updated.
Two current Federal regulations may
be causing detrimental impacts to the
resource as well as creating enforcement
problems. First, under certain situations
and with a Federal tailing permit,
Caribbean spiny lobster tails may be
separated from the body onboard a
fishing vessel. This allowance creates
difficulties for law enforcement in
determining if prohibited gear, such as
hooks and spears were used to harvest
the resource. Second, up to 50
Caribbean spiny lobsters under the
minimum size limit may be retained
aboard a vessel provided they are held
in a live well aboard a vessel. When in
a trap, such juveniles or ‘‘short’’ lobsters
are used to attract other lobsters for
harvest. This regulation increases the
fishing mortality on juvenile lobsters
and may facilitate their illegal trade.
The Councils are considering modifying
or repealing these two regulations.
On August 27, 2009, an Endangered
Species Act (ESA) biological opinion
evaluating the impacts of the continued
authorization of the spiny lobster
fishery on ESA-listed species was
completed. The opinion prescribed nondiscretionary reasonable and prudent
measures (RPMs), to help minimize the
impacts of takes by the spiny lobster
fishery. Specific terms and conditions
required to implement the prescribed
RPMs include: Creating new or
expanding existing closed areas to
protect coral, allowing the public to
remove trap-related marine debris, and
implementing trap line-marking
requirements. The Councils are
considering alternatives to meet these
requirements.
NMFS, in collaboration with the
Councils, will develop an EIS to
describe and analyze management
alternatives to address the management
needs described above. Those
alternatives will include a ‘‘no action’’
alternative regarding each action.
In accordance with NOAA’s
Administrative Order 216–6, Section
5.02(c), Scoping Process, NMFS, in
collaboration with the Councils, has
identified preliminary environmental
issues as a means to initiate discussion
for scoping purposes only. These
preliminary issues may not represent
PO 00000
Frm 00011
Fmt 4703
Sfmt 9990
the full range of issues that eventually
will be evaluated in the EIS.
Copies of an information packet will
be available from NMFS (see
ADDRESSES).
After the draft EIS associated with
Amendment 10 is completed, it will be
filed with the Environmental Protection
Agency (EPA). The EPA will publish a
notice of availability of the DEIS for
public comment in the Federal Register.
The draft EIS will have a 45-day
comment period. This procedure is
pursuant to regulations issued by the
Council on Environmental Quality
(CEQ) for implementing the procedural
provisions of the National
Environmental Policy Act (NEPA; 40
CFR parts 1500–1508) and to NOAA’s
Administrative Order 216–6 regarding
NOAA’s compliance with NEPA and the
CEQ regulations.
NMFS will consider public comments
received on the draft EIS in developing
the final EIS and before adopting final
management measures for the
amendment. NMFS will submit both the
final amendment and the supporting EIS
to the Secretary of Commerce
(Secretary) for review as per the
Magnuson-Stevens Act.
NMFS will announce, through a
notice published in the Federal
Register, the availability of the final
amendment for public review during the
Department of Commerce Secretarial
review period. During Secretarial
review, NMFS will also file the final EIS
with the EPA and the EPA will publish
a notice of availability for the final EIS
in the Federal Register. This comment
period will be concurrent with the
Secretarial review period and will end
prior to final agency action to approve,
disapprove, or partially approve the
amendment.
NMFS will announce, through a
document published in the Federal
Register, all public comment periods on
the final amendment, its proposed
implementing regulations, and the
availability of its associated final EIS.
NMFS will consider all public
comments received during the
Secretarial review period, whether they
are on the final amendment, the
proposed regulations, or the final EIS,
prior to final agency action.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 5, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–5466 Filed 3–11–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11843-11844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5466]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-AY72
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendment 10 to the Fishery Management Plan for Spiny Lobster Resources
of the Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent (NOI) to prepare an environmental impact
statement (EIS); request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of
Mexico and South Atlantic Fishery Management Councils (Councils)
intends to prepare an EIS to describe and analyze a range of
alternatives for management actions to be included in an amendment to
the Fishery Management Plan for the Spiny Lobster Resources of the Gulf
of Mexico and South Atlantic (FMP). These alternatives will consider
measures to set annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean spiny lobster; delegate management of Caribbean
spiny lobster to Florida; remove from the FMP or reclassify several
other species of lobster currently in the FMP; establish sector
allocations; redefine biological reference points; update the framework
process; and set other management measures. The purpose of this NOI is
to solicit public comments on the scope of issues to be addressed in
the EIS.
DATES: Written comments on the scope of issues to be addressed in the
EIS must be received by NMFS by April 12, 2010.
ADDRESSES: You may submit comments, identified by RIN 0648-AY72, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal https://www.regulations.gov
Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701
Instructions: No comments will be posted for public viewing until
after the comment period is over. All comments received are a part of
the public record and will All comments received are a part of the
public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
Comments should apply to the control date as an eligibility requirement
for a catch share program, not the catch share program itself.
To submit comments through the Federal e-Rulemaking Portal: https://www.regulations.gov, enter ``NOAA-NMFS-2010-0044'' in the keyword
search, then select ``Send a Comment or Submission.'' NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart; phone: (727) 824-5305.
SUPPLEMENTARY INFORMATION: In 2006, the Magnuson-Stevens Fishery
Conservation and Management Act was re-authorized and included a number
of
[[Page 11844]]
changes to improve conservation of managed fishery resources. Included
in these changes are requirements that the Regional Councils establish
both a mechanism for specifying ACLs at a level such that overfishing
does not occur in a fishery and AMs to correct if overages occur. This
EIS would analyze actions to set initial ACLs and AMs for Caribbean
spiny lobster and possibly other lobster species in the fishery
management unit.
The highest landings and most Federal regulations are for the
Caribbean spiny lobster (Panulirus argus). One action under
consideration would delegate some Caribbean spiny lobster regulations
(e.g., bag/possession limits and size limits) to the Florida Fish and
Wildlife Conservation Commission (FWC). If regulations under the FMP
are delegated to Florida FWC, NMFS and the Councils would still need to
meet the ACL and AM requirements of the Magnuson-Stevens Act.
Four other species of lobster are within the FMP: the smoothtail
spiny lobster (Panulirus laevicaus), the spotted spiny lobster
(Panulirus guttatus), the Spanish slipper lobster (Scyllarides
aequinoctialis), and the ridged slipper lobster (Scyllarides nodifer).
Only the ridged slipper lobster is specified in the regulations; the
other species are in the management unit for data collection purposes
only. Because landings information is scarce and incomplete, setting
ACLs would be difficult for these species. The Councils could list
these four species as ecosystem components or remove them from the FMP;
in either case, ACLs and AMs would not be required.
Current definitions of maximum sustainable yield (MSY), optimum
yield (OY), overfishing, and overfished were set for Caribbean spiny
lobster in Amendment 6 to the FMP. Currently, the Gulf of Mexico and
South Atlantic Councils have different definitions for each biological
reference point. The Councils may modify these definitions based on the
results of an upcoming stock assessment and the recommendation of the
Council Scientific and Statistical Committees. A single definition for
each biological reference point that could be used by both Councils
would simplify management.
The implementation process for a plan amendment can take over a
year from initial scoping to final implementation. Framework procedures
provide a mechanism for timelier implementation of routine actions such
as setting ACLs, and a guideline for implementing such actions in a
consistent manner. The Spiny Lobster FMP framework procedure was set in
Amendment 2 to the FMP and allows changes to be made to gear and
harvest restrictions. Revision of the current framework procedure would
allow adjustments to ACLs and catch targets. Amendment 2 also contains
a process for the State of Florida to propose modifications to
regulations. This process is now outdated and needs to be updated.
Two current Federal regulations may be causing detrimental impacts
to the resource as well as creating enforcement problems. First, under
certain situations and with a Federal tailing permit, Caribbean spiny
lobster tails may be separated from the body onboard a fishing vessel.
This allowance creates difficulties for law enforcement in determining
if prohibited gear, such as hooks and spears were used to harvest the
resource. Second, up to 50 Caribbean spiny lobsters under the minimum
size limit may be retained aboard a vessel provided they are held in a
live well aboard a vessel. When in a trap, such juveniles or ``short''
lobsters are used to attract other lobsters for harvest. This
regulation increases the fishing mortality on juvenile lobsters and may
facilitate their illegal trade. The Councils are considering modifying
or repealing these two regulations.
On August 27, 2009, an Endangered Species Act (ESA) biological
opinion evaluating the impacts of the continued authorization of the
spiny lobster fishery on ESA-listed species was completed. The opinion
prescribed non-discretionary reasonable and prudent measures (RPMs), to
help minimize the impacts of takes by the spiny lobster fishery.
Specific terms and conditions required to implement the prescribed RPMs
include: Creating new or expanding existing closed areas to protect
coral, allowing the public to remove trap-related marine debris, and
implementing trap line-marking requirements. The Councils are
considering alternatives to meet these requirements.
NMFS, in collaboration with the Councils, will develop an EIS to
describe and analyze management alternatives to address the management
needs described above. Those alternatives will include a ``no action''
alternative regarding each action.
In accordance with NOAA's Administrative Order 216-6, Section
5.02(c), Scoping Process, NMFS, in collaboration with the Councils, has
identified preliminary environmental issues as a means to initiate
discussion for scoping purposes only. These preliminary issues may not
represent the full range of issues that eventually will be evaluated in
the EIS.
Copies of an information packet will be available from NMFS (see
ADDRESSES).
After the draft EIS associated with Amendment 10 is completed, it
will be filed with the Environmental Protection Agency (EPA). The EPA
will publish a notice of availability of the DEIS for public comment in
the Federal Register. The draft EIS will have a 45-day comment period.
This procedure is pursuant to regulations issued by the Council on
Environmental Quality (CEQ) for implementing the procedural provisions
of the National Environmental Policy Act (NEPA; 40 CFR parts 1500-1508)
and to NOAA's Administrative Order 216-6 regarding NOAA's compliance
with NEPA and the CEQ regulations.
NMFS will consider public comments received on the draft EIS in
developing the final EIS and before adopting final management measures
for the amendment. NMFS will submit both the final amendment and the
supporting EIS to the Secretary of Commerce (Secretary) for review as
per the Magnuson-Stevens Act.
NMFS will announce, through a notice published in the Federal
Register, the availability of the final amendment for public review
during the Department of Commerce Secretarial review period. During
Secretarial review, NMFS will also file the final EIS with the EPA and
the EPA will publish a notice of availability for the final EIS in the
Federal Register. This comment period will be concurrent with the
Secretarial review period and will end prior to final agency action to
approve, disapprove, or partially approve the amendment.
NMFS will announce, through a document published in the Federal
Register, all public comment periods on the final amendment, its
proposed implementing regulations, and the availability of its
associated final EIS. NMFS will consider all public comments received
during the Secretarial review period, whether they are on the final
amendment, the proposed regulations, or the final EIS, prior to final
agency action.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 5, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-5466 Filed 3-11-10; 8:45 am]
BILLING CODE 3510-22-S
