Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Amendment 13, 16233-16238 [2019-07110]
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Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Proposed Rules
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Based upon our review of these
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
these submissions or referenced in the
Albuquerque-Bernalillo County, New
Mexico or New Mexico SIP, the EPA
finds that New Mexico and
Albuquerque-Bernalillo County have the
infrastructure in place to address
required elements of CAA sections
110(a)(1) and (2) to ensure that the 2015
O3 NAAQS are implemented throughout
the State of New Mexico, including
Albuquerque-Bernalillo County.
We are also proposing to approve the
submitted revisions to the New Mexico
SIP that provide modifications to the
NMAC and update the federally
approved New Mexico SIP accordingly.
The approved SIP revision will repeal
the TSP NMAAQS from section 109 of
20.2.3 NMAC, as the EPA found that
such a revision will not adversely affect
the attainment of applicable CAA
requirements.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
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Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 10, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019–07582 Filed 4–17–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 180713631–9275–01]
RIN 0648–BI11
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic; Amendment 13
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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16233
Proposed rule; request for
comments.
ACTION:
The Gulf of Mexico (Gulf
Council) and South Atlantic Fishery
Management Councils (South Atlantic
Council) (Councils) have submitted
Amendment 13 to the Fishery
Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
(FMP), for review, approval, and
implementation by NMFS. The purpose
of Amendment 13 and this proposed
rule is to align Federal regulations for
spiny lobster that apply to the EEZ off
Florida with Florida state regulations,
re-establish a procedure for an enhanced
cooperative management system, and
update the regulations to aid law
enforcement and the public.
DATES: Written comments must be
received on or before May 20, 2019.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2018–0088’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180088, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Susan Gerhart, 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 Amendment 13 may be obtained from
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-13-modifications-spinylobster-gear-requirements-andcooperative-management. Amendment
13 includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact
review.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, Southeast Regional
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Office, NMFS, telephone: 727–824–
5305; email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Councils manage the spiny lobster
fishery under the FMP. The Councils
prepared the FMP and NMFS
implements the FMP 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
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield from federally managed
fish stocks. These mandates are
intended to ensure that fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, while also protecting
marine ecosystems. To further attain
this goal, the Magnuson-Stevens Act
requires fishery managers to consider,
among other things, efficiency in the
utilization of fishery resources.
In the Gulf and South Atlantic, spiny
lobster are harvested primarily off the
coast of Florida. The original FMP,
implemented in 1982, largely
complemented Florida’s management
measures and provided protection for
the fishery throughout its range in the
Gulf and the South Atlantic (47 FR
29202; July 2, 1982). However, it was
difficult to keep Federal regulations
consistent with changing state
regulations because Florida can adjust
its management measures more quickly
than the Councils and NMFS can
change Federal regulations. As a result,
NMFS and the Councils developed
Amendment 2 to the FMP (54 FR 48059;
November 20, 1989), which established
a procedure to allow Florida to directly
propose to NMFS its state spiny lobster
regulations for subsequent
implementation in the EEZ off Florida.
That procedure was developed to
provide a more timely regulatory
mechanism to implement compatible
regulations and a more formal process
for state and Federal coordination.
In 2017, representatives from the
Florida Fish and Wildlife Conservation
Commission contacted the NMFS
Southeast Regional Office requesting
that Federal regulations be aligned with
Florida state regulations concerning
requirements for spiny lobster bully net
gear and for daily commercial
possession limits of spiny lobster
harvested by bully net or diving.
However, NMFS determined that the
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cooperative management procedure that
accompanied the spiny lobster protocol
established in Amendment 2 was
removed in Amendment 10 to the FMP
(76 FR 75488; December 2, 2011).
Consequently, there is no procedure to
implement regulations proposed by
Florida under the existing protocol
without a plan amendment or
framework to the FMP developed by the
Councils. These more lengthy processes
are inconsistent with promoting
compatible regulations for the fishery
off Florida.
Management Measures Contained in
This Proposed Rule
This proposed rule would implement
measures to modify the Federal
regulations for the harvest of spiny
lobster that apply in the EEZ off Florida
to be compatible with Florida
regulations concerning bully net gear
requirements and commercial daily
possession limits when using bully nets
or diving. This rule would also clarify
outdated language in the spiny lobster
Federal regulations and update the
incorporations by reference to the
Florida regulations. In addition,
Amendment 13 would re-establish a
procedure for an enhanced cooperative
management system to provide Florida
a mechanism to propose spiny lobster
regulations directly to NMFS for
implementation, without the need to
seek a full amendment or framework
action to the FMP.
Florida Bully Net Permit and Gear
Marking Requirements and Prohibitions
In 2017, Florida implemented a bully
net permit, gear marking requirements,
and gear prohibitions. There is limited
information as to how much spiny
lobster bully netting effort occurs in the
Federal waters off Florida. However,
stakeholders have expressed concerns
that spiny lobster bully net vessels are
used to disguise unlawful activities, and
that there are growing conflicts between
recreational bully netters and
commercial bully netters. This proposed
rule would align Federal and Florida
bully net regulations to address these
concerns. In addition, consistency
between Florida and Federal regulations
is expected to improve enforcement and
reduce potential confusion among
fishers.
The proposed rule would require
commercial bully net vessels in the EEZ
off Florida to have a bully net permit
from Florida, require that the vessel be
marked with the harvester’s Florida
bully net permit number using reflective
paint or other reflective material,
prohibit commercial bully net vessels
from having trap pullers onboard, and
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prohibit the simultaneous possession of
a bully net and any underwater
breathing apparatus (not including dive
masks or snorkels) onboard a vessel
used to harvest or transport spiny
lobster for commercial purposes.
Commercial Spiny Lobster Bully Net
and Diving Trip Limits
The Federal regulations do not
include an express commercial daily
vessel harvest and possession limit for
spiny lobster harvested by bully net or
diving. However, current Federal
regulations require commercial spiny
lobster harvesters in the EEZ off Florida
to have the licenses and certificates
specified to be a ‘‘commercial
harvester,’’ as defined in Florida’s
regulations as of 2008. The 2008 version
of ‘‘commercial harvester’’ included a
person holding the appropriate licenses
and certificates for traps and dive gear.
This proposed rule would incorporate
by reference the most recent Florida
regulations, which define a commercial
harvester as a person who holds a valid
saltwater products license with a
restricted species endorsement issued
by the Florida Fish and Wildlife
Conservation Commission (FWC) and
(1) a valid crawfish license or trap
number and lobster trap certificates, if
traps are used to harvest spiny lobster;
(2) a valid commercial dive permit if
harvest is by diving; or (3) a valid bully
net permit if harvest is by bully net.
Under Florida’s regulations, commercial
harvesters are restricted to the
commercial harvest limits when bully
net gear or dive gear is used. Therefore,
bully net and dive fishers would be
restricted to the state bag limit
regardless of where the spiny lobster are
harvested. However, to make the
requirements in the EEZ off Florida
more clear, this proposed rule would
modify Federal regulations to
specifically state that the commercial
vessel limit for spiny lobster harvested
by bully net off all Florida counties, and
harvested by diving off Broward, Dade,
Monroe, Collier, and Lee Counties,
Florida, is 250 spiny lobster per vessel
per day.
Clarifications and Updates to
Regulatory Language
This proposed rule would also revise
and clarify language in the spiny lobster
Federal regulations. The rule would
update the phone numbers and websites
referenced in 50 CFR 622.413, and
correct a typographic mistake in 50 CFR
622.415 by changing ‘‘forign’’ to
‘‘foreign.’’ Last, this rule would remove
the phrase ‘‘during times other than the
authorized fishing season’’ from 50 CFR
622.402(c)(1), to clarify that unmarked
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Classification
traps are illegal gear, regardless of the
time of year, and may be removed in
accordance with Florida regulations.
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Incorporation by Reference
The proposed rule would update the
incorporation by reference in 50 CFR
622.400(a)(1)(i) which provides the
definition of commercial harvester.
The proposed rule would also update
the incorporation by reference of the
Florida Administrative Code in 50 CFR
622.402(a)(1) and (2) to reflect the
effective dates of the current Florida
regulations, which mandate that vessel
owners and/or operators who harvest
spiny lobster by traps in the EEZ off
Florida comply with Florida vessel and
gear identification requirements. The
proposed rule designates a new
incorporation by reference which
specifies vessel identification
requirements for commercial spiny
lobster harvesters who use bully nets to
the paragraph added at 50 CFR
622.402(a)(3). It would similarly update
the incorporation by reference of the
Florida Administrative Code in 50 CFR
622.403(b)(3)(i) and 622.405(b)(2)(i) to
reflect the effective dates of the current
Florida regulations and address derelict
spiny lobster traps as well as the
requirements for lawful spiny lobster
trap pulling, respectively. The proposed
rule would add new incorporation by
reference of the Florida Administrative
Code, in 50 CFR 622.404(e) and
622.404(f), which address the alignment
of management measures with Florida’s
regulations, including prohibiting the
simultaneous possession of a bully net
and any underwater breathing
apparatus, and prohibiting the
possession of trap pullers, respectively,
as discussed above.
The Florida regulations are available
at https://www.flrules.org and the Florida
Division of Marine Fisheries
Management, 620 South Meridian
Street, Tallahassee, FL 32399
(telephone: 850–487–0554).
Measures in Amendment 13 Not
Codified Through This Proposed Rule
In addition to the measures proposed
in this rule, Amendment 13 would reestablish a procedure that is similar to
the procedure established in
Amendment 2, and combine it with the
existing cooperative management
protocol. The procedure established in
Amendment 2 was removed in 2012
when Amendment 10 to the FMP
established a new framework procedure.
Without such a procedure, Florida
cannot propose rules directly to NMFS,
which, therefore, limits NMFS’ ability to
implement consistent Federal
regulations in a timely manner.
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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 Amendment 13, the FMP, the
Magnuson-Stevens Act, and other
applicable laws, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration 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 determination
follows.
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the preamble. The
Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule, if implemented,
would apply to all commercial vessels
that fish for or harvest spiny lobster in
Federal waters off Florida. In the EEZ
off Florida, anyone who possesses, sells,
trades, or barters or attempts to sell,
trade, or barter spiny lobster must have
the appropriate licenses, permit, and
certificates necessary to be a
‘‘commercial harvester,’’ as defined in
the Florida Administrative Code. In the
2017/2018 fishing season, Florida
issued 1,539 commercial spiny lobster
licenses; this includes 261 commercial
dive permits, and 445 commercial bully
net permits. Data from the years of 2012
through 2016 were used in Amendment
13, and these data provided the basis for
the Councils’ decisions. Although this
proposed rule would apply to all
commercial spiny lobster license
holders in Florida, it is expected that
those with reported landings of spiny
lobster would be the most likely to be
affected. On average from 2012 through
2016, there were 788 individual vessels
identified that harvested spiny lobster
in Florida each year. During this time,
these vessels earned an average annual
revenue of approximately $74,400 (2017
dollars), and spiny lobster accounted for
69 percent of this revenue. It is
important to note that some commercial
fishing businesses own (or lease) and
operate more than one vessel. On
average, from 2012 through 2016, there
were 770 commercial fishing businesses
identified with reported landings of
spiny lobster in Florida. During this
time, these businesses earned an average
annual revenue of approximately
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$82,000 (2017 dollars), and spiny
lobster accounted for 67 percent of this
revenue. The maximum annual revenue
from all species reported by a single one
of these commercial fishing businesses
from 2012 through 2016 was
approximately $1.88 million (2017
dollars).
For RFA purposes only, the 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 engaged in
commercial fishing (NAICS code 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 has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. All of the
commercial fishing businesses directly
regulated by this proposed rule are
believed to be small entities based on
the NMFS size standard. No other small
entities that would be directly affected
by this proposed rule have been
identified.
This proposed rule would align
Federal regulations to be more
consistent with Florida regulations for
spiny lobster harvesters. It would
require that commercial bully net
harvesters in the EEZ off Florida have a
Florida bully net permit and properly
mark their vessel with their bully net
permit number using reflective paint or
other reflective material. In addition, the
proposed rule would prohibit
commercial bully net vessels from
having trap pullers on board. It would
also prohibit the simultaneous
possession of a bully net and
underwater breathing apparatus (not
including dive masks or snorkels)
onboard a vessel used to harvest or
transport spiny lobster for commercial
purposes. These requirements would
not be expected to alter the commercial
harvest of spiny lobster and, therefore,
no changes to ex-vessel revenue would
be anticipated. The requirements would
impose additional costs on bully net
fishery participants if these participants
only use the bully net gear in Federal
waters; however, NMFS assumes there
are few, if any, participants that fit this
description. Because commercial spiny
lobster harvesters fishing in the EEZ off
Florida are already required to have
both a Florida saltwater product license
and spiny lobster license, and there is
no additional cost for a bully net permit,
this proposed rule would not be
expected to increase permitting costs.
The labor and supply costs associated
with purchasing reflective paint or other
reflective material and applying it to the
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vessel hull would be expected to be
minimal, as well. Finally, the gear
prohibitions would reduce the
flexibility of commercial vessels to
switch between bully nets and other
gear while fishing for spiny lobster in
Federal waters. However, commercial
vessels must already comply with
Florida gear regulations in order to
transit through Florida state waters
while in possession of spiny lobster.
Overall, bully net gear is not useful for
harvesting spiny lobster at depths
typically found in the EEZ, and it is
highly likely that fishery participants
would also use the gear in state waters
off Florida, and thus would already
need to comply with state regulations.
In summary, any direct negative
economic effects associated with the
proposed bully net permitting
requirements, vessel marking
requirements, or gear prohibitions
would be negligible.
This proposed rule would also
establish a commercial daily vessel
harvest and possession limit of 250 per
day per vessel for spiny lobsters
harvested by bully net in or from the
entire EEZ off Florida. This limit would
be consistent with the harvest and
possession limit for bully nets in Florida
state waters. As discussed earlier, it is
not likely that bully net gear is used to
harvest spiny lobster in the EEZ off
Florida, and most commercial bully
netters would already be subject to state
regulations. As such, the proposed
harvest and possession limit would not
be expected to alter the commercial
harvest of spiny lobster, nor would it
result in direct economic effects on any
small entities.
This proposed rule would similarly
establish a commercial daily vessel
harvest and possession limit of 250 per
day per vessel for spiny lobsters
harvested by diving in or from the EEZ
only off Broward, Dade, Monroe,
Collier, and Lee Counties, Florida. This
limit would be consistent with the
harvest and possession limit for
commercial dive gear in Florida state
waters off of those counties. Under
existing Federal regulations, vessels that
harvest spiny lobster in the EEZ off
Florida using dive gear must have a
Florida commercial spiny lobster dive
permit; thus, they are already subject to
the state limit. Therefore, the proposed
harvest and possession limit would not
be expected to alter the commercial
harvest of spiny lobster, nor would it
result in direct economic effects on any
small entities.
Finally, this proposed rule would
establish an enhanced cooperative
management procedure that allows
Florida to request changes to the spiny
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lobster Federal regulations through
NMFS rulemaking, and combine the
procedure with the existing protocol as
specified in Amendment 10 to the FMP.
This would be expected to streamline
the regulatory process and result in a
more timely implementation of
regulatory changes requested by Florida;
however, it is an administrative change
only, and, as such, it would not have
any direct economic effects on any
small entities.
The information provided above
supports a determination that this
proposed rule would not have a
significant adverse economic impact on
a substantial number of small entities.
Because this rule, if implemented, is not
expected to have a significant adverse
economic impact on any small entities,
an initial regulatory flexibility analysis
is not required and none has been
prepared.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new reporting
or record-keeping requirements are
introduced by this proposed rule.
Accordingly, the Paperwork Reduction
Act does not apply to this proposed
rule.
Authority: 16 U.S.C. 1801 et seq.
List of Subjects in 50 CFR Part 622
Bully nets, Fisheries, Fishing, Florida,
Gear, Gulf, Incorporation by reference,
South Atlantic, Spiny lobster.
Dated: April 4, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.400, revise paragraph
(a)(1)(i) to read as follows:
■
§ 622.400
Permits and fees.
(a) * * * (1) * * * (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
§ 622.408(b)(1) for such spiny lobster,
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such person must have the licenses and
certificates specified to be a
‘‘commercial harvester,’’ as defined in
Rule 68B–24.002(4), Florida
Administrative Code, in effect as of May
1, 2017 (incorporated by reference, see
§ 622.413).
*
*
*
*
*
■ 3. In § 622.402, revise paragraphs (a)
and (c)(1) to read as follows:
§ 622.402
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 Rule 68B–24.006(3), (4),
and (5), Florida Administrative Code, in
effect as of May 1, 2017 (incorporated by
reference, see § 622.413).
(2) An owner or operator of a vessel
that is used to harvest spiny lobster 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 May 1, 2017 (incorporated by
reference, see § 622.413).
(3) An owner or operator of a vessel
that is used to harvest spiny lobster by
bully net in the EEZ off Florida must
comply with the vessel identification
requirements applicable to the
harvesting of spiny lobsters by bully net
in Florida’s waters in Rule 68B–
24.006(7), Florida Administrative Code,
in effect as of May 1, 2017 (incorporated
by reference, see § 622.413).
*
*
*
*
*
(c) * * *
(1) EEZ off Florida. Such trap or buoy,
and any connecting lines 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 § 622.413). An owner of
such trap or buoy remains subject to
appropriate civil penalties.
*
*
*
*
*
■ 4. In § 622.403, revise paragraph
(b)(3)(i) to read as follows:
§ 622.403
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 November 1, 2018
(incorporated by reference, see
§ 622.413), apply in their entirety to the
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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 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 § 622.413). An owner of
such trap, buoy, or rope remains subject
to appropriate civil penalties.
*
*
*
*
*
■ 5. In § 622.404, add paragraphs (e) and
(f) to read as follows:
§ 622.404
Prohibited gear and methods.
*
*
*
*
*
(e) In the EEZ off Florida,
simultaneous possession of a bully net
and any underwater breathing
apparatus, not including dive masks or
snorkels, onboard a vessel used to
harvest or transport spiny lobster for
commercial purposes is prohibited in
accordance with Rule 68B–24.007(5),
Florida Administrative Code, in effect as
of May 1, 2017 (incorporated by
reference, see § 622.413). For the
purpose of this paragraph, an
‘‘underwater breathing apparatus’’ is
any apparatus, whether self-contained
or connected to a distant source of air
or other gas, whereby a person wholly
or partially submerged in water is able
to obtain or reuse air or any other gas
or gasses for breathing without returning
to the surface of the water.
(f) In the EEZ off Florida, vessels that
are or are required to be marked with or
have identification associated with a
bully net permit for the harvest of spiny
lobster are prohibited from having trap
pullers aboard, in accordance with Rule
68B–24.006(8), the Florida
Administrative Code, in effect as of May
1, 2017 (incorporated by reference, see
§ 622.413).
■ 6. In § 622.405, revise paragraph
(b)(2)(i) to read as follows:
§ 622.405 Trap construction specifications
and tending restrictions.
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*
*
*
*
*
(b) * * *
(2) * * *
(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(9),
Florida Administrative Code, in effect as
of May 1, 2017 (incorporated by
reference, see § 622.413).
*
*
*
*
*
■ 7. Revise § 622.408(b) to read as
follows:
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§ 622.408
Bag/possession limits.
(a) * * *
(b) EEZ off Florida and off the Gulf
states, other than Florida—(1)
Commercial and recreational fishing
season. Except as specified in
paragraphs (b)(3) and (b)(4) of this
section, during the commercial and
recreational fishing season specified in
§ 622.403(b)(1), the daily bag or
possession limit of spiny lobster in or
from the EEZ off Florida and off the Gulf
states, other than Florida, is six per
person.
(2) Special recreational fishing
seasons. During the special recreational
fishing seasons specified in
§ 622.403(b)(2), the daily bag or
possession limit of spiny lobster—
(i) In or from the EEZ off the Gulf
states, other than Florida, is six per
person;
(ii) In or from the EEZ off Florida
other than off Monroe County, Florida,
is twelve per person; and
(iii) In or from the EEZ off Monroe
County, Florida, is six per person.
(3) Exemption from the bag/
possession limit. During the commercial
and recreational fishing season specified
in § 622.403(b)(1), a person is exempt
from the bag and possession limit
specified in paragraph (b)(1) of this
section, provided—
(i) The harvest of spiny lobsters is by
diving, or by the use of a bully net, hoop
net, or spiny lobster trap; and
(ii) The vessel from which the person
is operating has on board the required
licenses, certificates, or permits, as
specified in § 622.400(a)(1).
(4) Harvest by net or trawl. During the
commercial and recreational fishing
season specified in § 622.403(b)(1),
aboard a vessel with the required
licenses, certificates, or permits
specified in § 622.400(a)(1) that harvests
spiny lobster by net or trawl or has on
board a net or trawl, the possession of
spiny lobster in or from the EEZ off
Florida and off the Gulf states, other
than Florida, may not exceed at any
time 5 percent, whole weight, of the
total whole weight of all fish lawfully in
possession on board such vessel. If such
vessel lawfully possesses a separated
spiny lobster tail, the possession of
spiny lobster in or from the EEZ may
not exceed at any time 1.6 percent, by
weight of the spiny lobster or parts
thereof, of the total whole weight of all
fish lawfully in possession on board
such vessel. For the purposes of this
paragraph (b)(4), the term ‘‘net or trawl’’
does not include a hand-held net, a
loading or dip net, a bully net, or a hoop
net.
(5) Harvest by diving. (i) The
commercial daily harvest and
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Fmt 4702
Sfmt 4702
16237
possession limit of spiny lobster
harvested by diving in or from the EEZ
off Broward, Miami-Dade, Monroe,
Collier, and Lee Counties, Florida, is
250 spiny lobster per vessel.
(ii) Diving at night. The provisions of
paragraph (b)(3) of this section
notwithstanding, a person who harvests
spiny lobster in the EEZ by diving at
night, that is, from 1 hour after official
sunset to 1 hour before official sunrise,
is limited to the bag limit specified in
paragraph (b)(1) of this section, whether
or not a Federal vessel permit specified
in § 622.400(a)(1) has been issued to and
is on board the vessel from which the
diver is operating.
(6) Harvest by bully nets in the EEZ
off Florida. The commercial daily
harvest and possession limit of spiny
lobster harvested by bully net in the
EEZ off Florida is 250 spiny lobsters per
vessel.
*
*
*
*
*
■ 8. Revise § 622.412 introductory text
to read as follows:
§ 622.412 Adjustment of management
measures.
In accordance with the framework
procedures of the Fishery Management
Plan for the Spiny Lobster Fishery of the
Gulf of Mexico and South Atlantic, the
RA may establish or modify the
following items:
*
*
*
*
*
■ 9. Amend § 622.413 by:
■ a. Revising paragraph (b) introductory
text;
■ b. Revising paragraphs (b)(2) through
(b)(4);
■ c. Redesignating paragraphs (b)(5)
through (7) as (b)(6) through (8);
■ d. Adding new paragraph (b)(5); and
■ e. Revising paragraph (c) introductory
text.
The revisions and addition read as
follows:
§ 622.413
Incorporation by reference (IBR).
*
*
*
*
*
(b) Florida Administrative Code
(F.A.C.): Florida Division of Marine
Fisheries Management, 620 South
Meridian Street, Tallahassee, FL 32399;
telephone: 850–487–0554; https://
www.flrules.org.
*
*
*
*
*
(2) F.A.C., Chapter 68B–24: Spiny
lobster (crawfish) and slipper lobster,
Rule 68B–24.002: Definitions, in effect
as of May 1, 2017, IBR approved for
§ 622.400(a).
(3) F.A.C., Chapter 68B–24: Spiny
lobster (crawfish) and slipper lobster,
Rule 68B–24.005: Seasons, in effect as of
November 1, 2018, IBR approved for
§ 622.403(b).
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(4) 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 May 1, 2017, IBR
approved for § 622.402(a), § 622.404(f),
and § 622.405(b).
(5) F.A.C., Chapter 68B–24: Spiny
lobster (crawfish) and slipper lobster,
Rule 68B–24.007: Other Prohibitions, in
effect as of May 1, 2017, IBR approved
for § 622.404(e).
*
*
*
*
*
VerDate Sep<11>2014
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Jkt 247001
(c) Florida Statute: Florida Division of
Marine Fisheries Management, 620
South Meridian Street, Tallahassee, FL
32399; telephone: 850–487–0554; https://
www.leg.state.fl.us/statutes/.
*
*
*
*
*
■ 10. Amend § 622.415 by revising
paragraph (a) and reserving paragraph
(b) to read as follows:
§ 622.415 Limited exemption regarding
harvest in waters of a foreign nation.
(a) An owner or operator of a vessel
that has legally harvested spiny lobsters
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Fmt 4702
Sfmt 9990
in the waters of a foreign nation and
possesses spiny lobster, or separated
tails, in the EEZ incidental to such
foreign harvesting is exempt from the
requirements of this subpart, except for
§ 622.409 with which such an owner or
operator must comply, provided proof
of lawful harvest in the waters of a
foreign nation accompanies such
lobsters or tails.
(b) [Reserved]
[FR Doc. 2019–07110 Filed 4–17–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Proposed Rules]
[Pages 16233-16238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07110]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 180713631-9275-01]
RIN 0648-BI11
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic;
Amendment 13
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico (Gulf Council) and South Atlantic Fishery
Management Councils (South Atlantic Council) (Councils) have submitted
Amendment 13 to the Fishery Management Plan for Spiny Lobster in the
Gulf of Mexico and South Atlantic (FMP), for review, approval, and
implementation by NMFS. The purpose of Amendment 13 and this proposed
rule is to align Federal regulations for spiny lobster that apply to
the EEZ off Florida with Florida state regulations, re-establish a
procedure for an enhanced cooperative management system, and update the
regulations to aid law enforcement and the public.
DATES: Written comments must be received on or before May 20, 2019.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2018-0088'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0088, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Susan Gerhart, 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 Amendment 13 may be obtained from the Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/amendment-13-modifications-spiny-lobster-gear-requirements-and-cooperative-management. Amendment 13 includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, Southeast Regional
[[Page 16234]]
Office, NMFS, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Councils manage the spiny
lobster fishery under the FMP. The Councils prepared the FMP and NMFS
implements the FMP 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
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, while also
protecting marine ecosystems. To further attain this goal, the
Magnuson-Stevens Act requires fishery managers to consider, among other
things, efficiency in the utilization of fishery resources.
In the Gulf and South Atlantic, spiny lobster are harvested
primarily off the coast of Florida. The original FMP, implemented in
1982, largely complemented Florida's management measures and provided
protection for the fishery throughout its range in the Gulf and the
South Atlantic (47 FR 29202; July 2, 1982). However, it was difficult
to keep Federal regulations consistent with changing state regulations
because Florida can adjust its management measures more quickly than
the Councils and NMFS can change Federal regulations. As a result, NMFS
and the Councils developed Amendment 2 to the FMP (54 FR 48059;
November 20, 1989), which established a procedure to allow Florida to
directly propose to NMFS its state spiny lobster regulations for
subsequent implementation in the EEZ off Florida. That procedure was
developed to provide a more timely regulatory mechanism to implement
compatible regulations and a more formal process for state and Federal
coordination.
In 2017, representatives from the Florida Fish and Wildlife
Conservation Commission contacted the NMFS Southeast Regional Office
requesting that Federal regulations be aligned with Florida state
regulations concerning requirements for spiny lobster bully net gear
and for daily commercial possession limits of spiny lobster harvested
by bully net or diving. However, NMFS determined that the cooperative
management procedure that accompanied the spiny lobster protocol
established in Amendment 2 was removed in Amendment 10 to the FMP (76
FR 75488; December 2, 2011). Consequently, there is no procedure to
implement regulations proposed by Florida under the existing protocol
without a plan amendment or framework to the FMP developed by the
Councils. These more lengthy processes are inconsistent with promoting
compatible regulations for the fishery off Florida.
Management Measures Contained in This Proposed Rule
This proposed rule would implement measures to modify the Federal
regulations for the harvest of spiny lobster that apply in the EEZ off
Florida to be compatible with Florida regulations concerning bully net
gear requirements and commercial daily possession limits when using
bully nets or diving. This rule would also clarify outdated language in
the spiny lobster Federal regulations and update the incorporations by
reference to the Florida regulations. In addition, Amendment 13 would
re-establish a procedure for an enhanced cooperative management system
to provide Florida a mechanism to propose spiny lobster regulations
directly to NMFS for implementation, without the need to seek a full
amendment or framework action to the FMP.
Florida Bully Net Permit and Gear Marking Requirements and Prohibitions
In 2017, Florida implemented a bully net permit, gear marking
requirements, and gear prohibitions. There is limited information as to
how much spiny lobster bully netting effort occurs in the Federal
waters off Florida. However, stakeholders have expressed concerns that
spiny lobster bully net vessels are used to disguise unlawful
activities, and that there are growing conflicts between recreational
bully netters and commercial bully netters. This proposed rule would
align Federal and Florida bully net regulations to address these
concerns. In addition, consistency between Florida and Federal
regulations is expected to improve enforcement and reduce potential
confusion among fishers.
The proposed rule would require commercial bully net vessels in the
EEZ off Florida to have a bully net permit from Florida, require that
the vessel be marked with the harvester's Florida bully net permit
number using reflective paint or other reflective material, prohibit
commercial bully net vessels from having trap pullers onboard, and
prohibit the simultaneous possession of a bully net and any underwater
breathing apparatus (not including dive masks or snorkels) onboard a
vessel used to harvest or transport spiny lobster for commercial
purposes.
Commercial Spiny Lobster Bully Net and Diving Trip Limits
The Federal regulations do not include an express commercial daily
vessel harvest and possession limit for spiny lobster harvested by
bully net or diving. However, current Federal regulations require
commercial spiny lobster harvesters in the EEZ off Florida to have the
licenses and certificates specified to be a ``commercial harvester,''
as defined in Florida's regulations as of 2008. The 2008 version of
``commercial harvester'' included a person holding the appropriate
licenses and certificates for traps and dive gear.
This proposed rule would incorporate by reference the most recent
Florida regulations, which define a commercial harvester as a person
who holds a valid saltwater products license with a restricted species
endorsement issued by the Florida Fish and Wildlife Conservation
Commission (FWC) and (1) a valid crawfish license or trap number and
lobster trap certificates, if traps are used to harvest spiny lobster;
(2) a valid commercial dive permit if harvest is by diving; or (3) a
valid bully net permit if harvest is by bully net. Under Florida's
regulations, commercial harvesters are restricted to the commercial
harvest limits when bully net gear or dive gear is used. Therefore,
bully net and dive fishers would be restricted to the state bag limit
regardless of where the spiny lobster are harvested. However, to make
the requirements in the EEZ off Florida more clear, this proposed rule
would modify Federal regulations to specifically state that the
commercial vessel limit for spiny lobster harvested by bully net off
all Florida counties, and harvested by diving off Broward, Dade,
Monroe, Collier, and Lee Counties, Florida, is 250 spiny lobster per
vessel per day.
Clarifications and Updates to Regulatory Language
This proposed rule would also revise and clarify language in the
spiny lobster Federal regulations. The rule would update the phone
numbers and websites referenced in 50 CFR 622.413, and correct a
typographic mistake in 50 CFR 622.415 by changing ``forign'' to
``foreign.'' Last, this rule would remove the phrase ``during times
other than the authorized fishing season'' from 50 CFR 622.402(c)(1),
to clarify that unmarked
[[Page 16235]]
traps are illegal gear, regardless of the time of year, and may be
removed in accordance with Florida regulations.
Incorporation by Reference
The proposed rule would update the incorporation by reference in 50
CFR 622.400(a)(1)(i) which provides the definition of commercial
harvester.
The proposed rule would also update the incorporation by reference
of the Florida Administrative Code in 50 CFR 622.402(a)(1) and (2) to
reflect the effective dates of the current Florida regulations, which
mandate that vessel owners and/or operators who harvest spiny lobster
by traps in the EEZ off Florida comply with Florida vessel and gear
identification requirements. The proposed rule designates a new
incorporation by reference which specifies vessel identification
requirements for commercial spiny lobster harvesters who use bully nets
to the paragraph added at 50 CFR 622.402(a)(3). It would similarly
update the incorporation by reference of the Florida Administrative
Code in 50 CFR 622.403(b)(3)(i) and 622.405(b)(2)(i) to reflect the
effective dates of the current Florida regulations and address derelict
spiny lobster traps as well as the requirements for lawful spiny
lobster trap pulling, respectively. The proposed rule would add new
incorporation by reference of the Florida Administrative Code, in 50
CFR 622.404(e) and 622.404(f), which address the alignment of
management measures with Florida's regulations, including prohibiting
the simultaneous possession of a bully net and any underwater breathing
apparatus, and prohibiting the possession of trap pullers,
respectively, as discussed above.
The Florida regulations are available at https://www.flrules.org and
the Florida Division of Marine Fisheries Management, 620 South Meridian
Street, Tallahassee, FL 32399 (telephone: 850-487-0554).
Measures in Amendment 13 Not Codified Through This Proposed Rule
In addition to the measures proposed in this rule, Amendment 13
would re-establish a procedure that is similar to the procedure
established in Amendment 2, and combine it with the existing
cooperative management protocol. The procedure established in Amendment
2 was removed in 2012 when Amendment 10 to the FMP established a new
framework procedure. Without such a procedure, Florida cannot propose
rules directly to NMFS, which, therefore, limits NMFS' ability to
implement consistent Federal regulations in a timely manner.
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 Amendment 13, the FMP, the Magnuson-Stevens Act, and
other applicable laws, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration 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 determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble.
The Magnuson-Stevens Act provides the statutory basis for this proposed
rule.
This proposed rule, if implemented, would apply to all commercial
vessels that fish for or harvest spiny lobster in Federal waters off
Florida. In the EEZ off Florida, anyone who possesses, sells, trades,
or barters or attempts to sell, trade, or barter spiny lobster must
have the appropriate licenses, permit, and certificates necessary to be
a ``commercial harvester,'' as defined in the Florida Administrative
Code. In the 2017/2018 fishing season, Florida issued 1,539 commercial
spiny lobster licenses; this includes 261 commercial dive permits, and
445 commercial bully net permits. Data from the years of 2012 through
2016 were used in Amendment 13, and these data provided the basis for
the Councils' decisions. Although this proposed rule would apply to all
commercial spiny lobster license holders in Florida, it is expected
that those with reported landings of spiny lobster would be the most
likely to be affected. On average from 2012 through 2016, there were
788 individual vessels identified that harvested spiny lobster in
Florida each year. During this time, these vessels earned an average
annual revenue of approximately $74,400 (2017 dollars), and spiny
lobster accounted for 69 percent of this revenue. It is important to
note that some commercial fishing businesses own (or lease) and operate
more than one vessel. On average, from 2012 through 2016, there were
770 commercial fishing businesses identified with reported landings of
spiny lobster in Florida. During this time, these businesses earned an
average annual revenue of approximately $82,000 (2017 dollars), and
spiny lobster accounted for 67 percent of this revenue. The maximum
annual revenue from all species reported by a single one of these
commercial fishing businesses from 2012 through 2016 was approximately
$1.88 million (2017 dollars).
For RFA purposes only, the 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
engaged in commercial fishing (NAICS code 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 has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. All of the commercial fishing
businesses directly regulated by this proposed rule are believed to be
small entities based on the NMFS size standard. No other small entities
that would be directly affected by this proposed rule have been
identified.
This proposed rule would align Federal regulations to be more
consistent with Florida regulations for spiny lobster harvesters. It
would require that commercial bully net harvesters in the EEZ off
Florida have a Florida bully net permit and properly mark their vessel
with their bully net permit number using reflective paint or other
reflective material. In addition, the proposed rule would prohibit
commercial bully net vessels from having trap pullers on board. It
would also prohibit the simultaneous possession of a bully net and
underwater breathing apparatus (not including dive masks or snorkels)
onboard a vessel used to harvest or transport spiny lobster for
commercial purposes. These requirements would not be expected to alter
the commercial harvest of spiny lobster and, therefore, no changes to
ex-vessel revenue would be anticipated. The requirements would impose
additional costs on bully net fishery participants if these
participants only use the bully net gear in Federal waters; however,
NMFS assumes there are few, if any, participants that fit this
description. Because commercial spiny lobster harvesters fishing in the
EEZ off Florida are already required to have both a Florida saltwater
product license and spiny lobster license, and there is no additional
cost for a bully net permit, this proposed rule would not be expected
to increase permitting costs. The labor and supply costs associated
with purchasing reflective paint or other reflective material and
applying it to the
[[Page 16236]]
vessel hull would be expected to be minimal, as well. Finally, the gear
prohibitions would reduce the flexibility of commercial vessels to
switch between bully nets and other gear while fishing for spiny
lobster in Federal waters. However, commercial vessels must already
comply with Florida gear regulations in order to transit through
Florida state waters while in possession of spiny lobster. Overall,
bully net gear is not useful for harvesting spiny lobster at depths
typically found in the EEZ, and it is highly likely that fishery
participants would also use the gear in state waters off Florida, and
thus would already need to comply with state regulations. In summary,
any direct negative economic effects associated with the proposed bully
net permitting requirements, vessel marking requirements, or gear
prohibitions would be negligible.
This proposed rule would also establish a commercial daily vessel
harvest and possession limit of 250 per day per vessel for spiny
lobsters harvested by bully net in or from the entire EEZ off Florida.
This limit would be consistent with the harvest and possession limit
for bully nets in Florida state waters. As discussed earlier, it is not
likely that bully net gear is used to harvest spiny lobster in the EEZ
off Florida, and most commercial bully netters would already be subject
to state regulations. As such, the proposed harvest and possession
limit would not be expected to alter the commercial harvest of spiny
lobster, nor would it result in direct economic effects on any small
entities.
This proposed rule would similarly establish a commercial daily
vessel harvest and possession limit of 250 per day per vessel for spiny
lobsters harvested by diving in or from the EEZ only off Broward, Dade,
Monroe, Collier, and Lee Counties, Florida. This limit would be
consistent with the harvest and possession limit for commercial dive
gear in Florida state waters off of those counties. Under existing
Federal regulations, vessels that harvest spiny lobster in the EEZ off
Florida using dive gear must have a Florida commercial spiny lobster
dive permit; thus, they are already subject to the state limit.
Therefore, the proposed harvest and possession limit would not be
expected to alter the commercial harvest of spiny lobster, nor would it
result in direct economic effects on any small entities.
Finally, this proposed rule would establish an enhanced cooperative
management procedure that allows Florida to request changes to the
spiny lobster Federal regulations through NMFS rulemaking, and combine
the procedure with the existing protocol as specified in Amendment 10
to the FMP. This would be expected to streamline the regulatory process
and result in a more timely implementation of regulatory changes
requested by Florida; however, it is an administrative change only,
and, as such, it would not have any direct economic effects on any
small entities.
The information provided above supports a determination that this
proposed rule would not have a significant adverse economic impact on a
substantial number of small entities. Because this rule, if
implemented, is not expected to have a significant adverse economic
impact on any small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting or record-keeping
requirements are introduced by this proposed rule. Accordingly, the
Paperwork Reduction Act does not apply to this proposed rule.
Authority: 16 U.S.C. 1801 et seq.
List of Subjects in 50 CFR Part 622
Bully nets, Fisheries, Fishing, Florida, Gear, Gulf, Incorporation
by reference, South Atlantic, Spiny lobster.
Dated: April 4, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
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1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 622.400, revise paragraph (a)(1)(i) to read as follows:
Sec. 622.400 Permits and fees.
(a) * * * (1) * * * (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 Sec. 622.408(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(4), Florida Administrative Code, in effect as of May 1, 2017
(incorporated by reference, see Sec. 622.413).
* * * * *
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3. In Sec. 622.402, revise paragraphs (a) and (c)(1) to read as
follows:
Sec. 622.402 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 Rule 68B-24.006(3), (4), and (5), Florida Administrative Code, in
effect as of May 1, 2017 (incorporated by reference, see Sec.
622.413).
(2) An owner or operator of a vessel that is used to harvest spiny
lobster 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 May 1, 2017 (incorporated by
reference, see Sec. 622.413).
(3) An owner or operator of a vessel that is used to harvest spiny
lobster by bully net in the EEZ off Florida must comply with the vessel
identification requirements applicable to the harvesting of spiny
lobsters by bully net in Florida's waters in Rule 68B-24.006(7),
Florida Administrative Code, in effect as of May 1, 2017 (incorporated
by reference, see Sec. 622.413).
* * * * *
(c) * * *
(1) EEZ off Florida. Such trap or buoy, and any connecting lines
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.
622.413). An owner of such trap or buoy remains subject to appropriate
civil penalties.
* * * * *
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4. In Sec. 622.403, revise paragraph (b)(3)(i) to read as follows:
Sec. 622.403 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 November 1, 2018 (incorporated by reference, see Sec.
622.413), apply in their entirety to the
[[Page 16237]]
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 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. 622.413). An owner of such trap, buoy, or rope
remains subject to appropriate civil penalties.
* * * * *
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5. In Sec. 622.404, add paragraphs (e) and (f) to read as follows:
Sec. 622.404 Prohibited gear and methods.
* * * * *
(e) In the EEZ off Florida, simultaneous possession of a bully net
and any underwater breathing apparatus, not including dive masks or
snorkels, onboard a vessel used to harvest or transport spiny lobster
for commercial purposes is prohibited in accordance with Rule 68B-
24.007(5), Florida Administrative Code, in effect as of May 1, 2017
(incorporated by reference, see Sec. 622.413). For the purpose of this
paragraph, an ``underwater breathing apparatus'' is any apparatus,
whether self-contained or connected to a distant source of air or other
gas, whereby a person wholly or partially submerged in water is able to
obtain or reuse air or any other gas or gasses for breathing without
returning to the surface of the water.
(f) In the EEZ off Florida, vessels that are or are required to be
marked with or have identification associated with a bully net permit
for the harvest of spiny lobster are prohibited from having trap
pullers aboard, in accordance with Rule 68B-24.006(8), the Florida
Administrative Code, in effect as of May 1, 2017 (incorporated by
reference, see Sec. 622.413).
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6. In Sec. 622.405, revise paragraph (b)(2)(i) to read as follows:
Sec. 622.405 Trap construction specifications and tending
restrictions.
* * * * *
(b) * * *
(2) * * *
(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(9), Florida
Administrative Code, in effect as of May 1, 2017 (incorporated by
reference, see Sec. 622.413).
* * * * *
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7. Revise Sec. 622.408(b) to read as follows:
Sec. 622.408 Bag/possession limits.
(a) * * *
(b) EEZ off Florida and off the Gulf states, other than Florida--
(1) Commercial and recreational fishing season. Except as specified in
paragraphs (b)(3) and (b)(4) of this section, during the commercial and
recreational fishing season specified in Sec. 622.403(b)(1), the daily
bag or possession limit of spiny lobster in or from the EEZ off Florida
and off the Gulf states, other than Florida, is six per person.
(2) Special recreational fishing seasons. During the special
recreational fishing seasons specified in Sec. 622.403(b)(2), the
daily bag or possession limit of spiny lobster--
(i) In or from the EEZ off the Gulf states, other than Florida, is
six per person;
(ii) In or from the EEZ off Florida other than off Monroe County,
Florida, is twelve per person; and
(iii) In or from the EEZ off Monroe County, Florida, is six per
person.
(3) Exemption from the bag/possession limit. During the commercial
and recreational fishing season specified in Sec. 622.403(b)(1), a
person is exempt from the bag and possession limit specified in
paragraph (b)(1) of this section, provided--
(i) The harvest of spiny lobsters is by diving, or by the use of a
bully net, hoop net, or spiny lobster trap; and
(ii) The vessel from which the person is operating has on board the
required licenses, certificates, or permits, as specified in Sec.
622.400(a)(1).
(4) Harvest by net or trawl. During the commercial and recreational
fishing season specified in Sec. 622.403(b)(1), aboard a vessel with
the required licenses, certificates, or permits specified in Sec.
622.400(a)(1) that harvests spiny lobster by net or trawl or has on
board a net or trawl, the possession of spiny lobster in or from the
EEZ off Florida and off the Gulf states, other than Florida, may not
exceed at any time 5 percent, whole weight, of the total whole weight
of all fish lawfully in possession on board such vessel. If such vessel
lawfully possesses a separated spiny lobster tail, the possession of
spiny lobster in or from the EEZ may not exceed at any time 1.6
percent, by weight of the spiny lobster or parts thereof, of the total
whole weight of all fish lawfully in possession on board such vessel.
For the purposes of this paragraph (b)(4), the term ``net or trawl''
does not include a hand-held net, a loading or dip net, a bully net, or
a hoop net.
(5) Harvest by diving. (i) The commercial daily harvest and
possession limit of spiny lobster harvested by diving in or from the
EEZ off Broward, Miami-Dade, Monroe, Collier, and Lee Counties,
Florida, is 250 spiny lobster per vessel.
(ii) Diving at night. The provisions of paragraph (b)(3) of this
section notwithstanding, a person who harvests spiny lobster in the EEZ
by diving at night, that is, from 1 hour after official sunset to 1
hour before official sunrise, is limited to the bag limit specified in
paragraph (b)(1) of this section, whether or not a Federal vessel
permit specified in Sec. 622.400(a)(1) has been issued to and is on
board the vessel from which the diver is operating.
(6) Harvest by bully nets in the EEZ off Florida. The commercial
daily harvest and possession limit of spiny lobster harvested by bully
net in the EEZ off Florida is 250 spiny lobsters per vessel.
* * * * *
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8. Revise Sec. 622.412 introductory text to read as follows:
Sec. 622.412 Adjustment of management measures.
In accordance with the framework procedures of the Fishery
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and
South Atlantic, the RA may establish or modify the following items:
* * * * *
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9. Amend Sec. 622.413 by:
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a. Revising paragraph (b) introductory text;
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b. Revising paragraphs (b)(2) through (b)(4);
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c. Redesignating paragraphs (b)(5) through (7) as (b)(6) through (8);
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d. Adding new paragraph (b)(5); and
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e. Revising paragraph (c) introductory text.
The revisions and addition read as follows:
Sec. 622.413 Incorporation by reference (IBR).
* * * * *
(b) Florida Administrative Code (F.A.C.): Florida Division of
Marine Fisheries Management, 620 South Meridian Street, Tallahassee, FL
32399; telephone: 850-487-0554; https://www.flrules.org.
* * * * *
(2) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper
lobster, Rule 68B-24.002: Definitions, in effect as of May 1, 2017, IBR
approved for Sec. 622.400(a).
(3) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper
lobster, Rule 68B-24.005: Seasons, in effect as of November 1, 2018,
IBR approved for Sec. 622.403(b).
[[Page 16238]]
(4) 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 May 1, 2017, IBR
approved for Sec. 622.402(a), Sec. 622.404(f), and Sec. 622.405(b).
(5) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper
lobster, Rule 68B-24.007: Other Prohibitions, in effect as of May 1,
2017, IBR approved for Sec. 622.404(e).
* * * * *
(c) Florida Statute: Florida Division of Marine Fisheries
Management, 620 South Meridian Street, Tallahassee, FL 32399;
telephone: 850-487-0554; https://www.leg.state.fl.us/statutes/.
* * * * *
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10. Amend Sec. 622.415 by revising paragraph (a) and reserving
paragraph (b) to read as follows:
Sec. 622.415 Limited exemption regarding harvest in waters of a
foreign nation.
(a) An owner or operator of a vessel that has legally harvested
spiny lobsters in the waters of a foreign nation and possesses spiny
lobster, or separated tails, in the EEZ incidental to such foreign
harvesting is exempt from the requirements of this subpart, except for
Sec. 622.409 with which such an owner or operator must comply,
provided proof of lawful harvest in the waters of a foreign nation
accompanies such lobsters or tails.
(b) [Reserved]
[FR Doc. 2019-07110 Filed 4-17-19; 8:45 am]
BILLING CODE 3510-22-P
