Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Regulatory Amendment 4, 4890-4893 [2018-02119]
Download as PDF
4890
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
Dated: January 22, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018–02061 Filed 2–1–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170630611–8032–01]
RIN 0648–BH01
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic; Regulatory
Amendment 4
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Regulatory Amendment 4 to the Fishery
Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
(FMP), as prepared and submitted by
the Gulf of Mexico and South Atlantic
Fishery Management Councils
(Councils). If implemented, this
proposed rule would increase the
annual catch limit (ACL) for spiny
lobster based on updated landings
information and revised scientific
recommendations. This proposed rule
would also prohibit the use of traps for
recreational harvest of spiny lobster in
the South Atlantic exclusive economic
zone (EEZ) off Georgia, South Carolina,
and North Carolina. The purposes of
this proposed rule and Regulatory
Amendment 4 are to ensure catch levels
for spiny lobster are based on the best
scientific information available, to
prevent overfishing, and to minimize
potential negative effects of traps on
habitat and protected species
interactions in the South Atlantic EEZ.
DATES: Written comments must be
received on or before March 4, 2018.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2017–0125’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2017-
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:38 Feb 01, 2018
Jkt 244001
0125, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Nikhil Mehta, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of Regulatory
Amendment 4, which includes an
environmental assessment and a
regulatory flexibility analysis, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_sa/spiny_lobster/A4_
lobster_acl/a4_lobster_acl_index.html.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, telephone: 727–824–
5305, or email: nikhil.mehta@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 part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) (16 U.S.C 1801
et seq.).
Background
In 2012, NMFS implemented
Amendment 10 to the FMP, which
included an overfishing limit (OFL),
acceptable biological catch (ABC), ACL,
annual catch target (ACT),
accountability measure (AM), and status
determination criteria for spiny lobster
(76 FR 75488; December 2, 2011). The
OFL and ABC were specified using Tier
3a of the Gulf Council’s ABC Control
Rule (control rule), as recommended by
the Scientific and Statistical Committees
(SSCs) of the South Atlantic and Gulf of
Mexico Fishery Management Councils
(Councils). Applying the control rule,
the SSCs recommended an OFL equal to
the mean of the most recent 10 years of
landings (fishing years 2000/2001
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
through 2009/2010) plus 2 standard
deviations, and an ABC equal to the
mean of the most recent 10 years of
landings plus 1.5 standard deviations.
This resulted in an OFL of 7.9 million
lb (3.58 million kg) and an ABC of 7.32
million lb (3.32 million kg). The
maximum sustainable yield (MSY)
proxy and overfishing threshold
(maximum fishing mortality threshold
(MFMT)) were set equal to the OFL. The
ACL was set equal to the ABC. The
ACT, which equals the optimum yield
(OY), was set at 90 percent of the ACL.
Since that time, the spiny lobster ACT
has been exceeded three times, the ACL
has been exceeded twice, and the OFL
has been exceeded once. The AM
established in Amendment 10 requires
that the Councils convene a review
panel if the spiny lobster ACT is
exceeded, and the National Standard 1
guidelines state that if the ACL is
exceeded more than once in a 4-year
period, then the system of ACLs and
AMs should be re-evaluated and
modified, as necessary, to improve its
performance and effectiveness (50 CFR
600.310(g)(7)). Therefore, The Councils
convened a Spiny Lobster Review Panel
(Review Panel) in February 2015, and
again in March 2016, to assess whether
action was needed to prevent the ACL
from being exceeded. The Review Panel
recommended that the catch levels for
spiny lobster be based on the mean of
landings during the fishing years 1991/
1992 through 2015/2016, which is a
longer time period than the 10-year
period that was used to determine the
current catch levels (fishing years 2000/
2001 through 2009/2010). This is
because the landings were historically
low during the 2000/2001 through 2009/
2010 time period used for the
calculation of the current catch levels.
The Review Panel determined that using
the longer time period to calculate catch
levels would better capture the
dynamics of the fishery. Both SSCs
agreed with the Review Panel and
recommended using the longer time
series of landings under Tier 3a of the
control rule for setting the OFL and
ABC. Using the longer time series of
landings results in a revised OFL of
10.46 million lb (4.74 million kg) and a
revised ABC of 9.60 million lb (4.35
million kg). Although the revised OFL
and ABC are higher than the current
OFL and ABC, using the longer time
series is a more precautionary approach
for calculating OFL and ABC than using
the most recent 10 years of landings
(2006/2007 through 2015/2016) because
these landings have been historically
high. The longer time series
E:\FR\FM\02FEP1.SGM
02FEP1
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
incorporates periods of both low and
high landings.
Management Measures Contained in
This Proposed Rule
This proposed rule would modify the
stock ACL and ACT for spiny lobster
and prohibit the use of traps for the
recreational harvest of spiny lobster in
the South Atlantic EEZ.
sradovich on DSK3GMQ082PROD with PROPOSALS
Stock ACL and ACT
This proposed rule would revise the
stock ACL and ACT based on the new
ABC recommendation provided by the
Councils’ SSCs. As stated above, the
current spiny lobster stock ACL is equal
to the ABC, and the stock ACT is set at
90 percent of the ACL. This proposed
rule would set the ACL equal to the
ABC of 9.60 million lb (4.35 million kg),
which is based on the mean landings
from the years 1991/1992–2015/2016
plus 1.5 standard deviations. The ACT
would be set at 8.64 million lb (3.92
million kg), which is 90 percent of the
proposed ACL. As established in
Amendment 10, the OY equals the ACT.
NMFS does not expect the increase in
the ACT and ACL to result in negative
biological effects on the stock because
current fishing effort is limited by the
number of trap tags issued by the state
of Florida, by commercial and
recreational bag and possession limits in
the EEZ in the South Atlantic and the
Gulf EEZ, and by the duration of the
fishing season, which varies depending
on the area where spiny lobsters are
harvested.
Recreational Harvest of Spiny Lobster
Using Traps in the South Atlantic EEZ
Currently, the use of traps is not
allowed for recreational harvest of spiny
lobster in the EEZ off Florida, but traps
may be used for recreational harvest of
spiny lobster in the South Atlantic EEZ
off the states of Georgia, South Carolina,
and North Carolina. This proposed rule
would prohibit the use of traps for
recreational harvest of spiny lobster in
all of the South Atlantic EEZ.
The public has expressed little
interest in using traps for the
recreational harvest of spiny lobster,
which may be a result of the two
lobsters per person per trip limit
applicable to harvest from Federal
waters of the South Atlantic. However,
the Councils are concerned that using
this gear may become more popular and
result in potential negative impacts on
essential fish habitat and an increase in
the use of vertical lines that may
interact with protected species, for
example, by creating entanglement
issues. Trap gear also has the potential
to ‘‘ghost fish,’’ which occurs when a
VerDate Sep<11>2014
16:38 Feb 01, 2018
Jkt 244001
trap continues to fish after it is lost.
Because spiny lobsters are larger in size
in the EEZ off Georgia, South Carolina,
and North Carolina than in the EEZ off
Florida, current trap configuration may
not be efficient in capturing spiny
lobster in these areas, and recreational
traps used in these areas may require
larger mouths (entrances), which could
result in greater bycatch of fish, crabs,
and other invertebrates, including
undersized spiny lobsters.
Measures in Regulatory Amendment 4
Not in Codified Through This Proposed
Rule
As established in Amendment 10, the
MSY proxy and MFMT are equal to the
OFL, which was set at 7.9 million lb
(3.58 million kg). Consistent with
Amendment 10, Regulatory Amendment
4 would modify the MSY proxy and
MFMT values, so that they are equal to
the revised OFL of 10.46 million lb (4.74
million kg).
Corrections in This Proposed Rule Not
Included in Regulatory Amendment 4
In addition to the measures associated
with Regulatory Amendment 4, this
proposed rule would also correct
regulatory language that was mistakenly
included in the final rule implementing
Amendment 10. Amendment 10
modified the restrictions on the
possession of undersized spiny lobsters
for use as attractants in the commercial
sector. Prior to Amendment 10, no more
than fifty undersized spiny lobsters, or
one per trap aboard the vessel,
whichever was greater, could be
retained on board for use as attractants.
Amendment 10 changed this restriction
to allow for no more than fifty per vessel
plus one per trap aboard the vessel. This
change was correctly included in the
proposed rule to implement
Amendment 10 (76 FR 59102;
September 23, 2011), but was
inadvertently changed in the final rule
to include the additional phrase (from
the prior language), ‘‘whichever is
greater’’ (76 FR 75488; December 2,
2011). The final rule also inadvertently
included this restriction twice in the
applicable paragraph. To correct these
mistakes, this proposed rule would
change 50 CFR 622.407(c) to remove the
phase ‘‘whichever is greater’’ and
remove the first occurrence of the
duplicative sentence. This proposed
rule would also change the wording of
the restriction slightly to more directly
state that the total number of undersized
spiny lobster allowed onboard a vessel
is fifty plus one per trap. The restriction
currently states: ‘‘No more than fifty
undersized spiny lobsters, and one per
trap aboard the vessel, may be retained
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
4891
aboard for use as attractants.’’ The
proposed rule would change the ‘‘and’’
to ‘‘plus’’ so that the sentence reads:
‘‘No more than fifty undersized spiny
lobsters plus one per trap aboard the
vessel may be retained aboard for use as
attractants.’’
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Regulatory Amendment 4, the
FMP, the Magnuson-Stevens Act, and
other applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. A description of this
proposed rule and its purpose and need
are contained in the SUMMARY section of
the preamble.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is described below.
This proposed rule would directly
affect commercial and recreational
fishing for spiny lobster in the Gulf EEZ
and the South Atlantic EEZ. Anglers
(recreational fishers) are not considered
small entities as that term is defined in
5 U.S.C. 601(6). Consequently, estimates
of the number of anglers directly
affected by the rule and the impacts on
them are not provided here.
Any commercial fishing business that
operates a fishing vessel that lands
whole spiny lobster in the Gulf EEZ
and/or the South Atlantic EEZ, except
off Florida, must have a valid Federal
spiny lobster permit that is specifically
assigned to that vessel. In the EEZ off
Florida, a commercial vessel must have
either a valid Federal spiny lobster
permit or all required Florida licenses
and certificates to harvest the species.
Any vessel that lands only the tail from
a spiny lobster caught in the EEZ must
have a Federal tailing permit on board
in addition to either a valid Federal
spiny lobster permit or all required
Florida licenses and certificates. Both
Federal permits are open access permits.
As of March 1, 2017, there were 185
Federal spiny lobster and 210 spiny
lobster tailing permits issued to a total
of 272 vessels. Approximately 45
E:\FR\FM\02FEP1.SGM
02FEP1
4892
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
percent of those vessels have both
Federal permits. These 272 vessels make
up the federally permitted spiny lobster
fleet. Approximately 75 percent of the
Federal permits are held by businesses
in Florida, followed in turn by those in
North Carolina with approximately 12
percent. Florida businesses account for
all but one of the vessels with only a
tailing permit. NMFS estimates a total of
198 businesses hold all of the Federal
spiny lobster permits assigned to the
above 272 vessels.
The individual businesses have from
1 to 11 vessels in the federally permitted
spiny lobster fleet. Approximately 84
percent of the 198 businesses have only
one vessel in the fleet, and collectively
these businesses account for 61 percent
of the 272 federally permitted vessels.
Approximately 95 percent of the
businesses have no more than 2 vessels,
while 3 percent have 6 or more vessels
and collectively make up approximately
18 percent of the 272 vessels.
Approximately 99 percent of
commercial landings of spiny lobster
occur in Florida. Hence, NMFS expects
that almost all of the impacts of the rule
will be on commercial fishing
businesses located in Florida, and
within Florida, approximately 91
percent of the state’s landings are in
Monroe County.
For purposes of the Regulatory
Flexibility Act, NMFS has established a
small business size standard for
businesses, including their affiliates,
whose primary industry is commercial
fishing (see 50 CFR 200.2). A business
primarily involved in commercial
fishing (NAICS 11411) is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and its combined annual
receipts are not in excess of $11 million
for all of its affiliated operations
worldwide. NMFS expects that most to
all of the businesses that harvest spiny
lobster in the EEZ (with or without a
Federal permit) are small businesses,
based on historical average annual
revenues per vessel that are less than
$50,000.
Regulatory Amendment 4 would
revise the MSY proxy and MFMT.
Those revisions would have no direct
impact on any small businesses, and
any indirect impact is dependent on
subsequent action.
This proposed rule would increase
the ACL to 9.60 million lb (4.35 million
kg), and ACT to 8.64 million lb (3.92
million kg), whole weight. There would
be no impact on small businesses,
however, because there is no Federal
closure if landings reach or are
projected to reach the ACL or ACT.
In conclusion, NMFS expects this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Therefore, an initial regulatory
flexibility analysis is not required, and
none has been prepared.
No new reporting, record-keeping, or
other compliance requirements are
introduced by this proposed rule.
Accordingly, this proposed rule does
not implicate the Paperwork Reduction
Act.
List of Subjects in 50 CFR Part 640
Fisheries, Fishing, Gulf, South
Atlantic, Spiny lobster, Trap.
Dated: January 30, 2018.
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 600 and 622 are
proposed to be amended as follows:
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
1. The authority citation for part 600
continues to read as follows:
■
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
Subpart R—Spiny Lobster Fishery of
the Gulf of Mexico and South Atlantic
2. In § 600.725, in the table in
paragraph (v), under heading ‘‘III. South
Atlantic Fishery Management Council,’’
under entry 7, revise entry B pertaining
to the ‘‘Recreational fishery’’ in the
‘‘Authorized gear types’’ column to read
as follows:
■
§ 600.725
*
Fishery
*
*
General prohibitions.
*
*
(v) * * *
*
*
Authorized gear types
*
*
*
*
*
*
*
III. South Atlantic Fishery Management Council
*
*
7. South Atlantic Spiny Lobster Fishery (FMP):
*
*
*
*
*
*
*
*
*
*
B. Recreational fishery ................................................................................................................ B. Dip net, bully net, snare, hand harvest.
sradovich on DSK3GMQ082PROD with PROPOSALS
*
*
*
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
3. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
4. In § 622.404, add paragraph (d) to
read as follows:
■
VerDate Sep<11>2014
16:38 Feb 01, 2018
Jkt 244001
*
§ 622.404
*
Prohibited gear and methods.
*
*
*
*
*
(d) Except for black sea bass pots and
golden crab traps as allowed in
§ 622.188 and § 622.248, respectively,
the possession of all other traps is
prohibited onboard a vessel in the South
Atlantic EEZ when spiny lobster subject
to the recreational bag and possession
limits specified in § 622.408 is also
onboard the vessel. The recreational
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
*
*
harvest of spiny lobster using a trap is
prohibited in the South Atlantic EEZ.
■ 5. In § 622.407, revise paragraph (c) to
read as follows:
§ 622.407 Minimum size limits and other
harvest limitations.
*
*
*
*
*
(c) Undersized attractants. A live
spiny lobster under the minimum size
limit specified in paragraph (a)(1) of this
E:\FR\FM\02FEP1.SGM
02FEP1
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
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. 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
VerDate Sep<11>2014
16:38 Feb 01, 2018
Jkt 244001
hour after official sunset each day. No
more than fifty undersized spiny
lobsters plus one per trap aboard the
vessel may be retained aboard for use as
attractants.
*
*
*
*
*
■ 6. Revise § 622.411, to read as follows:
PO 00000
4893
§ 622.411 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
For recreational and commercial
spiny lobster landings combined, the
ACL is 9.60 million lb (4.35 million kg),
whole weight. The ACT is 8.64 million
lb, (3.92 million kg) whole weight.
*
*
*
*
*
[FR Doc. 2018–02119 Filed 2–1–18; 8:45 am]
BILLING CODE 3510–22–P
Frm 00031
Fmt 4702
Sfmt 9990
E:\FR\FM\02FEP1.SGM
02FEP1
Agencies
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Proposed Rules]
[Pages 4890-4893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02119]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170630611-8032-01]
RIN 0648-BH01
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic;
Regulatory Amendment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster
in the Gulf of Mexico and South Atlantic (FMP), as prepared and
submitted by the Gulf of Mexico and South Atlantic Fishery Management
Councils (Councils). If implemented, this proposed rule would increase
the annual catch limit (ACL) for spiny lobster based on updated
landings information and revised scientific recommendations. This
proposed rule would also prohibit the use of traps for recreational
harvest of spiny lobster in the South Atlantic exclusive economic zone
(EEZ) off Georgia, South Carolina, and North Carolina. The purposes of
this proposed rule and Regulatory Amendment 4 are to ensure catch
levels for spiny lobster are based on the best scientific information
available, to prevent overfishing, and to minimize potential negative
effects of traps on habitat and protected species interactions in the
South Atlantic EEZ.
DATES: Written comments must be received on or before March 4, 2018.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2017-0125'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0125, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Nikhil Mehta,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Regulatory Amendment 4, which includes an
environmental assessment and a regulatory flexibility analysis, and a
regulatory impact review, may be obtained from the Southeast Regional
Office website at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/spiny_lobster/A4_lobster_acl/a4_lobster_acl_index.html.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
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 part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C 1801
et seq.).
Background
In 2012, NMFS implemented Amendment 10 to the FMP, which included
an overfishing limit (OFL), acceptable biological catch (ABC), ACL,
annual catch target (ACT), accountability measure (AM), and status
determination criteria for spiny lobster (76 FR 75488; December 2,
2011). The OFL and ABC were specified using Tier 3a of the Gulf
Council's ABC Control Rule (control rule), as recommended by the
Scientific and Statistical Committees (SSCs) of the South Atlantic and
Gulf of Mexico Fishery Management Councils (Councils). Applying the
control rule, the SSCs recommended an OFL equal to the mean of the most
recent 10 years of landings (fishing years 2000/2001 through 2009/2010)
plus 2 standard deviations, and an ABC equal to the mean of the most
recent 10 years of landings plus 1.5 standard deviations. This resulted
in an OFL of 7.9 million lb (3.58 million kg) and an ABC of 7.32
million lb (3.32 million kg). The maximum sustainable yield (MSY) proxy
and overfishing threshold (maximum fishing mortality threshold (MFMT))
were set equal to the OFL. The ACL was set equal to the ABC. The ACT,
which equals the optimum yield (OY), was set at 90 percent of the ACL.
Since that time, the spiny lobster ACT has been exceeded three
times, the ACL has been exceeded twice, and the OFL has been exceeded
once. The AM established in Amendment 10 requires that the Councils
convene a review panel if the spiny lobster ACT is exceeded, and the
National Standard 1 guidelines state that if the ACL is exceeded more
than once in a 4-year period, then the system of ACLs and AMs should be
re-evaluated and modified, as necessary, to improve its performance and
effectiveness (50 CFR 600.310(g)(7)). Therefore, The Councils convened
a Spiny Lobster Review Panel (Review Panel) in February 2015, and again
in March 2016, to assess whether action was needed to prevent the ACL
from being exceeded. The Review Panel recommended that the catch levels
for spiny lobster be based on the mean of landings during the fishing
years 1991/1992 through 2015/2016, which is a longer time period than
the 10-year period that was used to determine the current catch levels
(fishing years 2000/2001 through 2009/2010). This is because the
landings were historically low during the 2000/2001 through 2009/2010
time period used for the calculation of the current catch levels. The
Review Panel determined that using the longer time period to calculate
catch levels would better capture the dynamics of the fishery. Both
SSCs agreed with the Review Panel and recommended using the longer time
series of landings under Tier 3a of the control rule for setting the
OFL and ABC. Using the longer time series of landings results in a
revised OFL of 10.46 million lb (4.74 million kg) and a revised ABC of
9.60 million lb (4.35 million kg). Although the revised OFL and ABC are
higher than the current OFL and ABC, using the longer time series is a
more precautionary approach for calculating OFL and ABC than using the
most recent 10 years of landings (2006/2007 through 2015/2016) because
these landings have been historically high. The longer time series
[[Page 4891]]
incorporates periods of both low and high landings.
Management Measures Contained in This Proposed Rule
This proposed rule would modify the stock ACL and ACT for spiny
lobster and prohibit the use of traps for the recreational harvest of
spiny lobster in the South Atlantic EEZ.
Stock ACL and ACT
This proposed rule would revise the stock ACL and ACT based on the
new ABC recommendation provided by the Councils' SSCs. As stated above,
the current spiny lobster stock ACL is equal to the ABC, and the stock
ACT is set at 90 percent of the ACL. This proposed rule would set the
ACL equal to the ABC of 9.60 million lb (4.35 million kg), which is
based on the mean landings from the years 1991/1992-2015/2016 plus 1.5
standard deviations. The ACT would be set at 8.64 million lb (3.92
million kg), which is 90 percent of the proposed ACL. As established in
Amendment 10, the OY equals the ACT. NMFS does not expect the increase
in the ACT and ACL to result in negative biological effects on the
stock because current fishing effort is limited by the number of trap
tags issued by the state of Florida, by commercial and recreational bag
and possession limits in the EEZ in the South Atlantic and the Gulf
EEZ, and by the duration of the fishing season, which varies depending
on the area where spiny lobsters are harvested.
Recreational Harvest of Spiny Lobster Using Traps in the South Atlantic
EEZ
Currently, the use of traps is not allowed for recreational harvest
of spiny lobster in the EEZ off Florida, but traps may be used for
recreational harvest of spiny lobster in the South Atlantic EEZ off the
states of Georgia, South Carolina, and North Carolina. This proposed
rule would prohibit the use of traps for recreational harvest of spiny
lobster in all of the South Atlantic EEZ.
The public has expressed little interest in using traps for the
recreational harvest of spiny lobster, which may be a result of the two
lobsters per person per trip limit applicable to harvest from Federal
waters of the South Atlantic. However, the Councils are concerned that
using this gear may become more popular and result in potential
negative impacts on essential fish habitat and an increase in the use
of vertical lines that may interact with protected species, for
example, by creating entanglement issues. Trap gear also has the
potential to ``ghost fish,'' which occurs when a trap continues to fish
after it is lost. Because spiny lobsters are larger in size in the EEZ
off Georgia, South Carolina, and North Carolina than in the EEZ off
Florida, current trap configuration may not be efficient in capturing
spiny lobster in these areas, and recreational traps used in these
areas may require larger mouths (entrances), which could result in
greater bycatch of fish, crabs, and other invertebrates, including
undersized spiny lobsters.
Measures in Regulatory Amendment 4 Not in Codified Through This
Proposed Rule
As established in Amendment 10, the MSY proxy and MFMT are equal to
the OFL, which was set at 7.9 million lb (3.58 million kg). Consistent
with Amendment 10, Regulatory Amendment 4 would modify the MSY proxy
and MFMT values, so that they are equal to the revised OFL of 10.46
million lb (4.74 million kg).
Corrections in This Proposed Rule Not Included in Regulatory Amendment
4
In addition to the measures associated with Regulatory Amendment 4,
this proposed rule would also correct regulatory language that was
mistakenly included in the final rule implementing Amendment 10.
Amendment 10 modified the restrictions on the possession of undersized
spiny lobsters for use as attractants in the commercial sector. Prior
to Amendment 10, no more than fifty undersized spiny lobsters, or one
per trap aboard the vessel, whichever was greater, could be retained on
board for use as attractants. Amendment 10 changed this restriction to
allow for no more than fifty per vessel plus one per trap aboard the
vessel. This change was correctly included in the proposed rule to
implement Amendment 10 (76 FR 59102; September 23, 2011), but was
inadvertently changed in the final rule to include the additional
phrase (from the prior language), ``whichever is greater'' (76 FR
75488; December 2, 2011). The final rule also inadvertently included
this restriction twice in the applicable paragraph. To correct these
mistakes, this proposed rule would change 50 CFR 622.407(c) to remove
the phase ``whichever is greater'' and remove the first occurrence of
the duplicative sentence. This proposed rule would also change the
wording of the restriction slightly to more directly state that the
total number of undersized spiny lobster allowed onboard a vessel is
fifty plus one per trap. The restriction currently states: ``No more
than fifty undersized spiny lobsters, and one per trap aboard the
vessel, may be retained aboard for use as attractants.'' The proposed
rule would change the ``and'' to ``plus'' so that the sentence reads:
``No more than fifty undersized spiny lobsters plus one per trap aboard
the vessel may be retained aboard for use as attractants.''
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Regulatory Amendment 4, the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. A description of this proposed rule and its
purpose and need are contained in the SUMMARY section of the preamble.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is described below.
This proposed rule would directly affect commercial and
recreational fishing for spiny lobster in the Gulf EEZ and the South
Atlantic EEZ. Anglers (recreational fishers) are not considered small
entities as that term is defined in 5 U.S.C. 601(6). Consequently,
estimates of the number of anglers directly affected by the rule and
the impacts on them are not provided here.
Any commercial fishing business that operates a fishing vessel that
lands whole spiny lobster in the Gulf EEZ and/or the South Atlantic
EEZ, except off Florida, must have a valid Federal spiny lobster permit
that is specifically assigned to that vessel. In the EEZ off Florida, a
commercial vessel must have either a valid Federal spiny lobster permit
or all required Florida licenses and certificates to harvest the
species. Any vessel that lands only the tail from a spiny lobster
caught in the EEZ must have a Federal tailing permit on board in
addition to either a valid Federal spiny lobster permit or all required
Florida licenses and certificates. Both Federal permits are open access
permits.
As of March 1, 2017, there were 185 Federal spiny lobster and 210
spiny lobster tailing permits issued to a total of 272 vessels.
Approximately 45
[[Page 4892]]
percent of those vessels have both Federal permits. These 272 vessels
make up the federally permitted spiny lobster fleet. Approximately 75
percent of the Federal permits are held by businesses in Florida,
followed in turn by those in North Carolina with approximately 12
percent. Florida businesses account for all but one of the vessels with
only a tailing permit. NMFS estimates a total of 198 businesses hold
all of the Federal spiny lobster permits assigned to the above 272
vessels.
The individual businesses have from 1 to 11 vessels in the
federally permitted spiny lobster fleet. Approximately 84 percent of
the 198 businesses have only one vessel in the fleet, and collectively
these businesses account for 61 percent of the 272 federally permitted
vessels. Approximately 95 percent of the businesses have no more than 2
vessels, while 3 percent have 6 or more vessels and collectively make
up approximately 18 percent of the 272 vessels.
Approximately 99 percent of commercial landings of spiny lobster
occur in Florida. Hence, NMFS expects that almost all of the impacts of
the rule will be on commercial fishing businesses located in Florida,
and within Florida, approximately 91 percent of the state's landings
are in Monroe County.
For purposes of the Regulatory Flexibility Act, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily involved in commercial fishing (NAICS
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. NMFS expects
that most to all of the businesses that harvest spiny lobster in the
EEZ (with or without a Federal permit) are small businesses, based on
historical average annual revenues per vessel that are less than
$50,000.
Regulatory Amendment 4 would revise the MSY proxy and MFMT. Those
revisions would have no direct impact on any small businesses, and any
indirect impact is dependent on subsequent action.
This proposed rule would increase the ACL to 9.60 million lb (4.35
million kg), and ACT to 8.64 million lb (3.92 million kg), whole
weight. There would be no impact on small businesses, however, because
there is no Federal closure if landings reach or are projected to reach
the ACL or ACT.
In conclusion, NMFS expects this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Therefore, an initial regulatory flexibility analysis is not required,
and none has been prepared.
No new reporting, record-keeping, or other compliance requirements
are introduced by this proposed rule. Accordingly, this proposed rule
does not implicate the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 640
Fisheries, Fishing, Gulf, South Atlantic, Spiny lobster, Trap.
Dated: January 30, 2018.
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 600 and 622
are proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Subpart R--Spiny Lobster Fishery of the Gulf of Mexico and South
Atlantic
0
2. In Sec. 600.725, in the table in paragraph (v), under heading
``III. South Atlantic Fishery Management Council,'' under entry 7,
revise entry B pertaining to the ``Recreational fishery'' in the
``Authorized gear types'' column to read as follows:
Sec. 600.725 General prohibitions.
* * * * *
(v) * * *
----------------------------------------------------------------------------------------------------------------
Fishery Authorized gear types
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
III. South Atlantic Fishery Management Council
----------------------------------------------------------------------------------------------------------------
* * * * * * *
7. South Atlantic Spiny Lobster Fishery (FMP):
* * * * * * *
B. Recreational fishery................ B. Dip net, bully net, snare, hand harvest.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
3. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. In Sec. 622.404, add paragraph (d) to read as follows:
Sec. 622.404 Prohibited gear and methods.
* * * * *
(d) Except for black sea bass pots and golden crab traps as allowed
in Sec. 622.188 and Sec. 622.248, respectively, the possession of all
other traps is prohibited onboard a vessel in the South Atlantic EEZ
when spiny lobster subject to the recreational bag and possession
limits specified in Sec. 622.408 is also onboard the vessel. The
recreational harvest of spiny lobster using a trap is prohibited in the
South Atlantic EEZ.
0
5. In Sec. 622.407, revise paragraph (c) to read as follows:
Sec. 622.407 Minimum size limits and other harvest limitations.
* * * * *
(c) Undersized attractants. A live spiny lobster under the minimum
size limit specified in paragraph (a)(1) of this
[[Page 4893]]
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. 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 plus one per trap aboard the vessel may
be retained aboard for use as attractants.
* * * * *
0
6. Revise Sec. 622.411, to read as follows:
Sec. 622.411 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
For recreational and commercial spiny lobster landings combined,
the ACL is 9.60 million lb (4.35 million kg), whole weight. The ACT is
8.64 million lb, (3.92 million kg) whole weight.
* * * * *
[FR Doc. 2018-02119 Filed 2-1-18; 8:45 am]
BILLING CODE 3510-22-P