Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Amendment 10, 75488-75492 [2011-31025]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75488-75492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31025]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622 and 640

[Docket No. 100305126-1576-04]
RIN 0648-AY72


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; 
Amendment 10

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 10 to the 
Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of 
Mexico and South Atlantic (FMP), as prepared and submitted by the Gulf 
of Mexico and South Atlantic Fishery Management Councils (Councils). 
This rule revises the lobster species contained within the fishery 
management unit; establishes an annual catch limit (ACL) for Caribbean 
spiny lobster; revises the Federal spiny lobster tail-separation permit 
requirements; revises the regulations specifying the condition of spiny 
lobster landed during a fishing trip; modifies the undersized 
attractant regulations; modifies the framework procedures and the 
protocol for cooperative management with Florida; and authorizes the 
removal of derelict traps in Federal waters off Florida through 
Florida's trap cleanup program. Additionally, this rule revises 
codified text to reflect updated contact information for the state of 
Florida and regulatory references for the Florida Administrative Code. 
The intent of this final rule is to specify ACLs for spiny lobster 
while maintaining catch levels consistent with achieving optimum yield 
(OY) for the resource.

DATES: This rule is effective January 3, 2012. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of January 3, 2012.

ADDRESSES: Electronic copies of the amendment, which includes an 
environmental impact statement, a regulatory impact review, and the 
initial regulatory flexibility analysis (IRFA), may be obtained from 
the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/pdfs/Spiny_Lobster_Amendment_10_August2011.pdf.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: (727) 824-
5305, or email: Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The spiny lobster fishery of the Gulf of 
Mexico (Gulf) and the South Atlantic is managed under the FMP. The FMP 
was prepared by the Councils and implemented through regulations at 50 
CFR parts 622 and 640 under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On September 2, 2011, NMFS published a notice of availability for 
Amendment 10 and requested public comment (76 FR 54227). On September 
23, 2011, NMFS published a proposed rule for Amendment 10 and requested 
public comment (76 FR 59102). The proposed rule and Amendment 10 
outline the rationale for the actions contained in this final rule. A 
summary of the actions implemented by this final rule are provided 
below.
    This final rule will remove all species from the FMP except the 
Caribbean spiny lobster (spiny lobster). The Councils and NMFS have 
determined the four other lobster species currently in the FMP are not 
in need of Federal management at this time. If landings or effort 
change for the lobster species being removed from the FMP and the 
Councils determine management at the Federal level is needed, these 
species could be added back into the FMP at a later date.
    This rule will establish an ACL, an annual catch target (ACT) and 
an AM for spiny lobster. For the recreational and commercial spiny 
lobster sectors combined, the ACL is 7.32 million lb (3.32 million kg), 
whole weight. The combined ACT is 6.59 million lb, (2.99 million kg) 
whole weight. The ACT will serve as the AM for the spiny lobster stock. 
If the ACT is exceeded in any year, the Councils will convene a 
scientific panel to review the ACL and ACT, and determine if additional 
AMs are needed.
    This final rule revises the Federal spiny lobster tail-separation 
permit requirements to ensure permit issuance is limited to commercial 
fishermen. This rule requires applicants for a Federal spiny lobster 
tail-separation permit to possess either (1) a Federal spiny lobster 
permit or (2) a valid Florida Restricted Species Endorsement and a 
valid Crawfish Endorsement associated with a valid Florida Saltwater 
Products License.
    This rule also requires lobster to be landed either all whole or 
all tailed during a single fishing trip to discourage selective tailing 
of potentially undersized lobsters and thereby aid the enforcement of 
the minimum size limit.
    This rule revises Federal regulations specific to the use of 
undersized attractants to be consistent with current Florida 
regulations, which allow the retention of as many as 50 spiny lobsters 
less than the minimum size limit and one per trap.
    To facilitate timely adjustments to harvest parameters and other 
management measures, this final rule revises the current framework 
procedures. This revision gives the Councils and NMFS greater 
flexibility to more promptly alter harvest parameters and other 
management measures as new scientific information becomes available.
    An Endangered Species Act (ESA) biological opinion, completed on 
August 27, 2009, evaluated the impacts of the continued authorization 
of the spiny lobster fishery on ESA-listed species. The biological 
opinion required the consideration of alternatives to allow the public 
to remove trap-related marine debris in the exclusive economic zone 
(EEZ) off Florida. This rule authorizes the removal of traps in Federal 
waters off Florida through Florida's trap cleanup program, as provided 
in existing Florida regulations. Florida's trap cleanup program 
includes provisions for public participation.
    Additionally, this rule includes new incorporations by reference 
and revises a number of references within the Federal regulations for 
spiny lobster. Specifically, this rule updates the spiny lobster 
regulations with the contact information for the state of Florida 
administrative offices and the relevant references within the Florida 
statutes and administrative code that are contained within the Federal 
regulations at 50 CFR parts 622 and 640.

[[Page 75489]]

New material that is incorporated by reference includes Florida 
Administrative Code Rules 68B-55.002 (Retrieval of Trap Debris) and 
68B-55.004 (Retrieval of Derelict and Traps Located in Areas 
Permanently Closed to Trapping). These additional revisions are 
unrelated to the actions contained in Amendment 10.

Comments and Responses

    NMFS received nine public comment submissions on Amendment 10 and 
the proposed rule, including two comments from individuals, four copies 
of a form letter sent by individuals, and two comments from non-
governmental organizations. A Federal agency also submitted a letter 
stating they had no comment on the rule. Comments related to the 
actions contained in the amendment or the proposed rule are summarized 
and responded to below.
    Comment 1: New regulations on recreational lobster fishermen will 
not help protect lobster and corals because commercial fishing has a 
bigger impact on these resources than the recreational sector.
    Response: The Magnuson-Stevens Act requires ACLs and AMs for most 
federally managed species. Both the commercial and recreational sectors 
must be accountable. This rule sets a single ACL and a single ACT that 
apply to both sectors. The ACT of 6.59 million lb (2.99 million kg) is 
higher than the recent 10-year average of landings for the commercial 
and recreational sectors combined, and has only been exceeded once in 
the past 10 years. Therefore, this ACT is not expected to be exceeded 
and AMs are not expected to be triggered, resulting in no change to how 
commercial or recreational lobster fishing is prosecuted.
    Comment 2: The use of undersized attractants in the lobster 
commercial sector should be prohibited.
    Response: Although the use of undersized lobsters as attractants 
results in increased confinement mortality, to prohibit their use may 
actually increase total bycatch because traps with alternate types of 
bait need to soak longer to achieve the same catch levels as traps with 
undersized attractants. Additionally, recent information shows the 
majority of recruits do not come from within the United States, 
suggesting that the use of undersized Caribbean spiny lobsters and 
other management measures for the Caribbean spiny lobster fishery would 
have negligible biological impacts on the lobster population within the 
United States. Based in part on these findings, it is unlikely that the 
continued use of undersized Caribbean spiny lobsters as attractants 
would have significant adverse effects on the biological environment.
    Comment 3: Actions to remove species from the FMP, set an ACL and 
AM, update the framework procedures, and give authority to Florida to 
clean up traps in the EEZ were supported.
    Response: NMFS agrees these actions are necessary and appropriate.
    Comment 4: Allocations between the lobster commercial and 
recreational sectors should be set with at least 26 percent of the 
stock allocated to the recreational sector.
    Response: Allocations would be necessary if sector ACLs were set. 
However, the Councils chose to set a single stock ACL and ACT. The 
Councils chose not to designate sector allocations to minimize the 
administrative burden of tracking separate landings for each sector. 
Also, because the ACL will likely not be exceeded under the current 
fishery conditions, which will allow both sectors to harvest what they 
have in past years, thereby avoiding the need to specifically allocate 
the resource. The Councils may review the decision for sector 
allocations if landings increase in the future.
    Comment 5: Federal tailing permits should be eliminated and lobster 
should be landed all whole.
    Response: The ability to tail spiny lobsters is important to 
fishermen who do not have the storage capacity to hold large amounts of 
whole spiny lobster onboard over long trip durations. Tailing allows 
such fishermen to safely store more product in coolers without 
compromising quality, thus maximizing the profitability of each trip. A 
Federal spiny lobster tail-separation permit is required to possess 
spiny lobsters that have been tailed, and the trips must be 48 hours or 
longer in duration. The regulations implemented through this rule 
require permits designating the entity as a commercial fisher to obtain 
a tail-separation permit.
    Comment 6: Do not finalize Amendment 10 until the supplemental 
environmental impact statement for Amendment 11 to the Spiny Lobster 
FMP is completed and impacts to Acropora are analyzed.
    Response: Delaying implementation of Amendment 10 would produce no 
benefit to Acropora. The impacts of spiny lobster trapping on Acropora 
were analyzed in the biological opinion. The measures to protect 
Acropora will be addressed in Amendment 11, which is currently being 
developed and is expected to be implemented before the beginning of the 
next fishing season, which begins August 6, 2012.
    Comment 7: Lobster traps should be prohibited in all areas with 
Acropora, cumulative impacts to Acropora should be analyzed, and the 
benefits to marine mammals and other imperiled species should be 
considered when establishing closed areas.
    Response: The impacts of lobster trap fishing on protected species, 
including cumulative impacts, were analyzed in the 2009 biological 
opinion, which can be found in Appendix I of Amendment 10. Amendment 11 
will address closing areas with Acropora to lobster fishing.
    Comment 8: NMFS should analyze the decision to take four spiny 
lobster species off the federally managed list under the ESA. The four 
species should be designated as ecosystem component species.
    Response: The decision to remove species from the FMP was analyzed 
in Amendment 10. These species were originally added to the FMP for 
data collection purposes; however, even after these species are removed 
from the FMP, if they are landed and sold to a Federally permitted 
dealer, landings data will still be recorded for these species. 
Designation of these species as ecosystem component species provides no 
additional protection to these stocks. Additionally, these species are 
not listed under the ESA, as stated in one comment letter.
    Comment 9: NMFS should ensure that the state management of the 
lobster fishery does not violate the ESA by strongly encouraging 
Florida to pursue an ESA Section 10 incidental take permit and to 
develop a conservation plan for the state's spiny lobster fishery.
    Response: NMFS encourages states to ensure protection of threatened 
and endangered species, and will request affected states to enact 
compatible regulations for the spiny lobster fishery in state waters.
    Comment 10: The AM implemented through this rule will not hold the 
fishery within its ACL.
    Response: The AM is to have an ACT that is 90 percent of the ACL. 
The Councils determined an ACT that is 10 percent lower than the ACL 
would provide an adequate buffer between the target level of harvest 
and the annual limit on harvest. An overage of the ACT would trigger 
the Councils to convene a review panel to assess whether or not 
corrective action is needed to prevent the ACL from being exceeded. It 
is unlikely the ACL would be exceeded based on recent landings by the 
fishery; however, the updated framework procedures contained within 
Amendment 10 will facilitate timely adjustments to potential management 
measures in the future. The ability to

[[Page 75490]]

expeditiously implement framework modifications for Caribbean spiny 
lobster would limit any negative biological impact that could result 
from an ACT overage.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with Amendment 10 and the FMP subject to this rulemaking, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA for the proposed rule that described the 
economic impact of the rule. As described in the IRFA, only the action 
addressing the possession and landing of tailed lobsters in or from the 
EEZ was expected to have any adverse economic effect on small entities, 
specifically for-hire vessels. Although the economic effects of this 
action could not be quantified because of an absence of data, the 
analysis concluded that because the majority of for-hire vessels are 
not expected to engage in the practice of landing tailed lobsters, or 
depend on extended trips on which tailing may be the more practical 
alternative for a significant portion of their revenues, this action 
would not be expected to affect a substantial number of entities in the 
for-hire fleet. As a result, the IRFA concluded that the actions in 
this rule would not be expected to significantly reduce profits for a 
substantial number of small entities. Because of the absence of data, 
however, public comment was requested on this determination and a 
certification was not prepared. No comments were received regarding the 
determination. Therefore, the Chief Counsel for Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this action will not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for the certification was published in the proposed 
rule and is not repeated here. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects

50 CFR Part 622

    Fisheries, Fishing, Incorporation by reference, Puerto Rico, 
Reporting and recordkeeping requirements, Virgin Islands.

50 CFR Part 640

    Fisheries, Fishing, Incorporation by reference, Reporting and 
recordkeeping requirements.

    Dated: November 29, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    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.  622.2, the definition for ``Caribbean spiny lobster'' is 
removed and the definition for ``Caribbean spiny lobster or spiny 
lobster'' is added in alphabetical order to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Caribbean spiny lobster or spiny lobster means the species 
Panulirus argus, or a part thereof.
* * * * *

0
3. In Sec.  622.6, paragraph (b)(1)(iv) is revised to read as follows:


Sec.  622.6  Vessel and gear identification.

* * * * *
    (b) * * *
    (1) * * *
    (iv) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny 
lobster trap, a fish trap, a golden crab trap, a sea bass pot, or a 
buoy deployed in the EEZ where such trap, pot, or buoy is required to 
be marked is illegal and may be disposed of in any appropriate manner 
by the Assistant Administrator or an authorized officer. In the EEZ off 
Florida, during times other than the authorized fishing season, a 
Caribbean spiny lobster trap, buoy, or any connecting lines will be 
considered derelict and may be disposed of in accordance with Florida 
Administrative Code Chapter 68B-55: Trap retrieval and trap debris 
removal, Rule 68B-55.002: Retrieval of Trap Debris and Chapter 68B-55: 
Trap retrieval and trap debris removal, Rule 68B-55.004: Retrieval of 
Derelict and Traps Located in Areas Permanently Closed to Trapping, 
both in effect as of October 15, 2007. This incorporation by reference 
was approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of approval and a notice of any 
change in these materials will be published in the Federal Register. 
All material incorporated by reference is available for inspection at 
the NMFS, Office of Sustainable Fisheries, Office of the Regional 
Administrator, 1315 East-West Highway, Silver Spring, MD; and the 
National Archives and Records Administration (NARA), Office of the 
Federal Register, 800 North Capitol Street NW., Suite 700, Washington, 
DC. For more information on the availability of this material at NARA, 
call (202) 741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of the 
incorporated material may be obtained from the Florida Division of 
Marine Fisheries Management, 620 South Meridian Street, Tallahassee, FL 
32399; telephone: (850) 488-4676.
* * * * *

PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH 
ATLANTIC

0
4. The authority citation for part 640 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
5. In Sec.  640.1, paragraph (b) is revised to read as follows:


Sec.  640.1  Purpose and scope.

* * * * *
    (b) This part governs the conservation and management of Caribbean 
spiny lobster (spiny 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.
* * * * *

0
6. In Sec.  640.2, the definitions for ``slipper (Spanish) lobster'' 
and ``spiny lobster'' are removed and the definition for ``Caribbean 
spiny lobster or spiny lobster'' is added in alphabetical order to read 
as follows:


Sec.  640.2  Definitions.

* * * * *
    Caribbean spiny lobster or spiny lobster means the species 
Panulirus argus, or a part thereof.
* * * * *

0
7. In Sec.  640.4, paragraphs (a)(1)(i) and (a)(2) are revised to read 
as follows:


Sec.  640.4  Permits and fees.

    (a) * * *
    (1) * * *

[[Page 75491]]

    (i) EEZ off Florida and spiny lobster landed in Florida. For a 
person to sell, trade, or barter, or attempt to sell, trade, or barter, 
a spiny lobster harvested or possessed in the EEZ off Florida, or 
harvested in the EEZ other than off Florida and landed from a fishing 
vessel in Florida, or for a person to be exempt from the daily bag and 
possession limit specified in ``640.23(b)(1) for such spiny lobster, 
such person must have the licenses and certificates specified to be a 
``commercial harvester,'' as defined in Rule 68B-24.002, Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec.  640.29).
* * * * *
    (2) Tail-separation permits. For a person to possess aboard a 
fishing vessel a separated spiny lobster tail in or from the EEZ as 
defined in Sec.  640.1(b), a valid Federal tail-separation permit must 
be issued to the vessel and must be on board. Permitting prerequisites 
for the tail-separation permit are either a valid Federal vessel permit 
for spiny lobster or a valid Florida Saltwater Products License with a 
valid Florida Restricted Species Endorsement and a valid Crawfish 
Endorsement.
* * * * *

0
8. In Sec.  640.6, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  640.6  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobster by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements specified 
in sections 379.367(2)(a)1 and 379.367(3), Florida Statutes, in effect 
as of July 1, 2009 and in Rule 68B-24.006(3), (4), and (5), Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec.  640.29).
    (2) An owner or operator of a vessel that is used to harvest spiny 
lobsters by diving in the EEZ off Florida must comply with the vessel 
identification requirements applicable to the harvesting of spiny 
lobsters by diving in Florida's waters in Rule 68B-24.006(6), Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec.  640.29).
* * * * *
    (c) Unmarked traps and buoys. An unmarked spiny lobster trap or 
buoy in the EEZ is illegal gear.
    (1) EEZ off Florida. Such trap or buoy, and any connecting lines, 
during times other than the authorized fishing season, will be 
considered derelict and may be disposed of in accordance with Rules 
68B-55.002 and 68B-55.004 of the Florida Administrative Code, in effect 
as of October 15, 2007 (incorporated by reference, see Sec.  640.29). 
An owner of such trap or buoy remains subject to appropriate civil 
penalties.
    (2) EEZ other than off Florida. Such trap or buoy, and any 
connecting lines, will be considered unclaimed or abandoned property 
and may be disposed of in any manner considered appropriate by the 
Assistant Administrator or an authorized officer. An owner of such trap 
or buoy remains subject to appropriate civil penalties.

0
9. In Sec.  640.7, paragraph (g) is revised to read as follows:


Sec.  640.7  Prohibitions.

* * * * *
    (g) Fail to return immediately to the water a berried spiny 
lobster; strip eggs from or otherwise molest a berried spiny lobster; 
or possess a spiny lobster, or part thereof, from which eggs, 
swimmerettes, or pleopods have been removed or stripped; as specified 
in Sec.  640.21(a).
* * * * *

0
10. In Sec.  640.20, paragraph (b)(3)(iii) is removed, and paragraphs 
(b)(3)(i) and (b)(3)(ii) are revised to read as follows:


Sec.  640.20  Seasons.

* * * * *
    (b) * * *
    (3) * * *
    (i) In the EEZ off Florida, the rules and regulations applicable to 
the possession of spiny lobster traps in Florida's waters in Rule 68B-
24.005(3), (4), and (5), Florida Administrative Code, in effect as of 
June 1, 1994 (incorporated by reference, see Sec.  640.29), apply in 
their entirety to the possession of spiny lobster traps in the EEZ off 
Florida. A spiny lobster trap, buoy, or rope in the EEZ off Florida, 
during periods not authorized in this paragraph will be considered 
derelict and may be disposed of in accordance with Rules 68B-55.002 and 
68B-55.004 of the Florida Administrative Code, in effect as of October 
15, 2007 (incorporated by reference, see Sec.  640.29). An owner of 
such trap, buoy, or rope remains subject to appropriate civil 
penalties.
    (ii) In the EEZ off the Gulf states, other than Florida, a spiny 
lobster trap may be placed in the water prior to the commercial and 
recreational fishing season, which is specified in paragraph (b)(1) of 
this section, beginning on August 1 and must be removed from the water 
after such season not later than April 5. A spiny lobster trap, buoy, 
or rope in the EEZ off the Gulf states, other than Florida, during 
periods not authorized in this paragraph will be considered unclaimed 
or abandoned property and may be disposed of in any manner considered 
appropriate by the Assistant Administrator or an authorized officer. An 
owner of such trap, buoy, or rope remains subject to appropriate civil 
penalties.
* * * * *

0
11. In Sec.  640.21, paragraphs (a), (c), and (d) are revised to read 
as follows:


Sec.  640.21  Harvest limitations.

    (a) Berried lobsters. A berried (egg-bearing) spiny lobster in or 
from the EEZ must be returned immediately to the water unharmed. If 
found in a trap in the EEZ, a berried spiny lobster may not be retained 
in the trap. A berried spiny lobster in or from the EEZ may not be 
stripped of its eggs or otherwise molested. The possession of a spiny 
lobster, or part thereof, in or from the EEZ from which eggs, 
swimmerettes, or pleopods have been removed or stripped is prohibited.
* * * * *
    (c) Undersized attractants. A live spiny lobster under the minimum 
size limit specified in paragraph (b)(1) of this section that is 
harvested in the EEZ by a trap may be retained aboard the harvesting 
vessel for future use as an attractant in a trap provided it is held in 
a live well aboard the vessel. No more than fifty undersized spiny 
lobsters, and one per trap aboard the vessel, whichever is greater, may 
be retained aboard for use as attractants. The live well must provide a 
minimum of \3/4\ gallons (1.7 liters) of seawater per spiny lobster. An 
undersized spiny lobster so retained must be released to the water 
alive and unharmed immediately upon leaving the trap lines and prior to 
one hour after official sunset each day. No more than fifty undersized 
spiny lobsters and one per trap aboard the vessel, may be retained 
aboard for use as attractants.
    (d) Tail separation. (1) The possession aboard a fishing vessel of 
a separated spiny lobster tail in or from the EEZ as defined in Sec.  
640.1(b), is authorized only when the possession is incidental to 
fishing exclusively in the EEZ on a trip of 48 hours or more and a 
valid Federal tail-separation permit, and either a valid Federal vessel 
permit for spiny lobster or a valid Florida Saltwater Products License 
with a valid Florida Restricted Species Endorsement and a valid 
Crawfish Endorsement, as specified in Sec.  640.4(a)(2), has been 
issued to and are on board the vessel.

[[Page 75492]]

    (2) Spiny lobster must be landed either all whole or all tailed on 
a single fishing trip.

0
12. In Sec.  640.22, paragraphs (a)(3) and (b)(3)(i) are revised to 
read as follows:


Sec.  640.22  Gear and diving restrictions.

    (a) * * *
    (3) Poisons and explosives may not be used to take a spiny lobster 
in the EEZ as defined in Sec.  640.1(b). For the purposes of this 
paragraph (a)(3), chlorine, bleach, and similar substances, which are 
used to flush a spiny lobster out of rocks or coral, are poisons. A 
vessel in the spiny lobster fishery may not possess on board in the EEZ 
any dynamite or similar explosive substance.
* * * * *
    (b) * * *
    (3) * * *
    (i) For traps in the EEZ off Florida, by the Division of Law 
Enforcement, Florida Fish and Wildlife Conservation Commission, in 
accordance with the procedures in Rule 68B-24.006(7), Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec.  640.29).
* * * * *

0
13. Section 640.25 is revised to read as follows:


Sec.  640.25  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery 
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and 
South Atlantic, the Regional Administrator may establish or modify the 
following items: Reporting and monitoring requirements, permitting 
requirements, bag and possession limits, size limits, vessel trip 
limits, closed seasons, closed areas, reopening of sectors that have 
been prematurely closed, annual catch limits (ACLs), annual catch 
targets (ACTs), quotas, accountability measures (AMs), maximum 
sustainable yield (or proxy), optimum yield, total allowable catch 
(TAC), management parameters such as overfished and overfishing 
definitions, gear restrictions, gear markings and identification, 
vessel identification requirements, allowable biological catch (ABC) 
and ABC control rule, rebuilding plans, and restrictions relative to 
conditions of harvested fish (such as tailing lobster, undersized 
attractants, and use as bait).

0
14. Add Sec.  640.28 to read as follows:


Sec.  640.28  Annual catch limits (ACLs) and accountability measures 
(AMs).

    For recreational and commercial spiny lobster landings combined, 
the ACL is 7.32 million lb (3.32 million kg), whole weight. The ACT is 
6.59 million lb, (2.99 million kg) whole weight.

0
15. Add Sec.  640.29 to read as follows:


Sec.  640.29  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they 
exist on the date of approval and a notice of any change in these 
materials will be published in the Federal Register. This incorporation 
by reference was approved by the Director of the Office of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated as they exist on the date of approval and a 
notice of any change in these materials will be published in the 
Federal Register. All material incorporated by reference is available 
for inspection at the NMFS, Office of Sustainable Fisheries, Office of 
the Regional Administrator, 1315 East-West Highway, Silver Spring, MD; 
and the National Archives and Records Administration (NARA), Office of 
the Federal Register, 800 North Capitol Street NW., Suite 700, 
Washington, DC. For more information on the availability of this 
material at NARA, call (202) 741-6030 or go to https://www.archives.gov/federal_resister/code_of_federal_regulations/ibr_locations.html.
    (b) Florida Administrative Code (F.A.C.): Florida Division of 
Marine Fisheries Management, 620 South Meridian Street, Tallahassee, FL 
32399; telephone: (850) 488-4676; https://laws.flrules.org.
    (1) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.002: Definitions, in effect as of July 1, 2008, 
IBR approved for Sec.  640.4.
    (2) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.005: Seasons, in effect as of June 1, 2004, IBR 
approved for Sec.  640.20.
    (3) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.006: Gear: Traps, Buoys, Identification 
Requirements, Prohibited Devices, in effect as of July 1, 2008, IBR 
approved for Sec.  640.6 and Sec.  640.22.
    (4) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, 
Rule 68B-55.002: Retrieval of Trap Debris, in effect as of October 15, 
2007, IBR approved for Sec.  640.6 and Sec.  640.20.
    (5) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, 
Rule 68B-55.004: Retrieval of Derelict and Traps Located in Areas 
Permanently Closed to Trapping, in effect as of October 15, 2007, IBR 
approved for Sec.  640.6 and Sec.  640.20.
    (c) Florida Statute: Florida Division of Marine Fisheries 
Management, 620 South Meridian Street, Tallahassee, FL 32399; 
telephone: (850) 488-4676; https://www.leg.state.fl.us/Statutes/index.cfm.
    (1) Florida Statutes, Chapter 379: Fish and Wildlife Conservation, 
Part VII: Nonrecreational Licenses, Section 379.367: Spiny lobster; 
regulation, 379.367, in effect as of June 1, 1994, IBR approved for 
Sec.  640.6.
    (2) [Reserved]

[FR Doc. 2011-31025 Filed 12-1-11; 8:45 am]
BILLING CODE 3510-22-P