Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Amendment 13, 37149-37153 [2019-16265]

Download as PDF Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and the sale and purchase provisions of the commercial closure for snowy grouper would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification Authority: 16 U.S.C. 1801 et seq. 19:26 Jul 30, 2019 [FR Doc. 2019–16272 Filed 7–26–19; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 190725–0004] The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of snowy grouper and the South Atlantic snapper-grouper fishery and is consistent with the MagnusonStevens Act and other applicable laws. This action is taken under 50 CFR 622.193(b)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA), finds that the need to immediately implement this action to close the commercial sector for snowy grouper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the implementing final rule for these AMs has already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect snowy grouper since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). VerDate Sep<11>2014 Dated: July 26, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Jkt 247001 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. ACTION: Final rule. AGENCY: 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 final rule is to align Federal regulations for spiny lobster that apply to the EEZ off Florida with Florida state regulations, reestablish a procedure for an enhanced cooperative management system, and update the regulations to aid law enforcement and the public. DATES: This final rule is effective August 30, 2019, except for the amendments to §§ 622.403(b) and 622.413(b)(3), which are effective July 26, 2019. The incorporation by reference of certain materials listed in this rule is approved by the Director of the Federal Register as of August 30, 2019. The incorporation by reference of the material in § 622.413(b)(3), is approved by the Director of the Federal Register as of July 26, 2019. ADDRESSES: 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) SUMMARY: PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 37149 analysis, and a regulatory impact review. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, Southeast Regional Office, NMFS, telephone: 727–824– 5305; email: Kelli.ODonnell@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.). On April 2, 2019, NMFS published a notice of availability (NOA) for Amendment 13 and requested public comment (83 FR 12573). On April 18, 2019, NMFS published a proposed rule for Amendment 13 and requested public comment (84 FR 16233). Amendment 13 and the proposed rule outline the rationale for the actions contained in this final rule. A summary of the management measures described in Amendment 13 and implemented by this final rule is provided below. Management Measures Contained in This Final Rule This final rule implements measures to modify the Federal regulations regarding spiny lobster to be compatible with Florida regulations concerning bully net gear requirements and commercial daily possession limits. This rule also clarifies outdated language in the spiny lobster Federal regulations and updates the incorporations by reference to the Florida regulations. In addition, Amendment 13 re-establishes a procedure for an enhanced cooperative management system to provide Florida a mechanism to propose spiny lobster regulations directly to NMFS for implementation. Florida Bully Net Permit and Gear Marking Requirements and Prohibitions This final rule aligns Federal and Florida bully net regulations to improve enforcement and reduce potential confusion among fishers. The rule requires commercial bully net vessels in the EEZ off Florida to have a bully net permit from Florida; requires such a vessel to be marked with the harvester’s Florida bully net permit number using reflective paint or other reflective material; prohibits commercial bully net vessels from having trap pullers onboard; and prohibits the simultaneous possession of a bully net and any underwater breathing apparatus (not E:\FR\FM\31JYR1.SGM 31JYR1 37150 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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 This final rule incorporates by reference the most recent Florida definition of commercial harvester, which is 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 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 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 final rule also revises and clarifies language in the spiny lobster Federal regulations, including updating phone numbers and websites referenced in 50 CFR 622.413, and correcting a typographic mistake in 50 CFR 622.415. This rule also removes the phrase ‘‘during times other than the authorized fishing season’’ from 50 CFR 622.402(c)(1), to clarify that unmarked traps are illegal gear, regardless of the time of year, and may be removed in accordance with Florida regulations. Incorporation by Reference The final rule updates the incorporation by reference in 50 CFR 622.400(a)(1)(i) which provides the definition of commercial harvester. The rule also updates 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 VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 Florida comply with Florida vessel and gear identification requirements. The final 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 similarly updates 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 final rule adds new incorporation by reference of the Florida Administrative Code, in 50 CFR 622.404(e) and (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 http://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 Final Rule In addition to the measures in this final rule, Amendment 13 re-establishes a procedure that allows Florida to propose rules directly to NMFS, which will increase NMFS’ ability to implement consistent Federal regulations in a timely manner. Comments and Responses During the public comment period, NMFS received one comment from the Florida Fish and Wildlife Conservation Commission (FWC) and two comments from individuals on Amendment 13 and the proposed rule. These comments, as well as NMFS’ respective response, are detailed below. No changes are being made in response to the comments. Comment 1: The Florida Fish and Wildlife Conservation Commission (FWC) suggests additional changes to paragraph (c)(1) in section 622.402 to allow for the removal of all derelict traps in the EEZ of Florida, instead of only unmarked traps. Response: NMFS has determined that it is not appropriate to make the suggested changes in this final rule because they would expand the scope of paragraph (c) beyond what was contemplated in the proposed rule. Section 622.402(c) addresses ‘‘unmarked traps and buoys,’’ stating PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 that these traps and buoys are illegal gear. Paragraph (c)(1) currently states that this gear, during times other than the authorized fishing season, will be considered derelict and may be disposed of consistent with 65B–55.002 and 65B–55.004 of the Florida Administrative Code. This final rule removes the phrase ‘‘during times other than the authorized fishing season,’’ to clarify that unmarked gear are illegal gear, regardless of the time and year, and may be removed in accordance with Florida regulations. Because the definition of ‘‘derelict trap’’ in the Florida regulations includes more than just an unmarked trap, authorizing the removal of all derelict traps would expand the gear currently identified as illegal under section 622.402, as amended by this final rule. Therefore, NMFS is not changing the proposed rule in response to this comment. However, we note that Amendment 13 reestablishes a procedure to allow Florida to propose rules directly to NMFS. If appropriate, FWC could consider using this new procedure to propose changes to section 622.402(c) to make the illegal gear identified in this provision consistent with the Florida regulations. Comment 2: The regulations for spiny lobster that apply in the EEZ off Florida should also apply in the EEZ off the coasts of North Carolina, South Carolina, and Georgia. Response: NMFS disagrees. As noted above, the majority of spiny lobster in the Gulf and South Atlantic occurs off the coast of Florida. The purpose of Amendment 13 is to align Florida and Federal regulations to both enhance enforcement in this area and reduce potential confusion by fishers. The Councils did not consider expanding the regulations for spiny lobster that apply off the coast of Florida throughout the entire South Atlantic EEZ. Comment 3: The procedure to allow Florida to propose regulations directly to NMFS could allow Florida to implement measures that are not sufficiently protective of the spiny lobster stock. Response: NMFS disagrees. The procedure that allows Florida to submit proposed regulations for spiny lobster management directly to NMFS requires that the proposed regulations be consistent with the objectives of the FMP, the Magnuson-Stevens Act, and other applicable law. In addition, the Councils must approve the proposed regulations and NMFS must implement these regulations consistent with Administrative Procedure Act. This includes publishing a proposed rule and soliciting public comment. After E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations reviewing the public comments, NMFS may, in consultation with the Councils, make appropriate revisions to the proposed regulations prior to publishing a final rule. Classification The Regional Administrator, Southeast Region, NMFS has determined that this final rule is consistent with Amendment 13, the FMP, the Magnuson-Stevens Act, and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record keeping, or other compliance requirements are introduced by this final rule. Accordingly, the Paperwork Reduction Act does not apply to this final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. None of the public comments that were received specifically addressed the certification and NMFS has not received any new information that would affect its determination that this rule would not have a significant economic impact on a substantial number of small entities. As a result, a final regulatory flexibility analysis was not required and none was prepared. Pursuant to 5 U.S.C. 553(d)(3), the AA finds good cause to waive the 30-day delay in the date of effectiveness for the incorporation by reference of Florida Administrative Code (F.A.C.) provisions (F.A.C., Chapter 68B–24: Spiny lobster (crawfish) and slipper lobster, Rule 68B–24.005: Seasons) as referenced in 50 CFR 622.413(b)(3), because such a delay would be contrary to the public interest. The F.A.C. provisions referenced in 50 CFR 622.413(b)(3) include a provision to allow spiny lobster harvesters to bait and place their traps in the water beginning on the Saturday immediately following the recreational sport season; this year, the Saturday immediately following the recreational sport season is July 27, 2019. Once this section is effective, it will allow the commercial harvesters to place their traps to soak in the water on July 27, instead of requiring them to VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 wait until August 1. Because the state of Florida will allow the spiny lobster harvesters to place their traps in state waters on July 27, 2019, having a different date to place their traps in Federal waters off Florida may create significant confusion and unnecesarily complicate law enforcement efforts, which is contrary to the public interest. If this part of the final rule were delayed by 30 days, the spiny lobster trap harvesters in Federal waters off Florida would miss the earliest possible date they could set their traps, which may result in a reduced harvest opportunity and lower economic benefits. In addition, because this measure allows traps to be placed in the water on July 27 instead of August 1, it relieves a restriction, and therefore it also falls within the 5 U.S.C. 553(d)(1) exception to the 30-day delay in the date of effectiveness requirement. The commercial spiny lobster season begins on August 6, 2019, and NMFS wants to allow all spiny lobster harvesters the earliest opportunity to place their traps in Federal waters off Florida beginning in 2019, as intended by the Councils in Amendment 13. Waiving the 30-day delay in the date of effectiveness for § 622.413(b)(3) will allow this final rule to more fully benefit the fishery through increased fishing opportunities as described in Amendment 13 and as intended by the Councils. Only the provisions of § 622.413(b)(3) are effective on the date of filing for inspection with the Office of the Federal Register. All other management measures contained in this final rule are effective 30 days after publication in the Federal Register. 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: July 25, 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 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: ■ PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 § 622.400 37151 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, 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. * * * * * E:\FR\FM\31JYR1.SGM 31JYR1 37152 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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 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. * * * VerDate Sep<11>2014 * * 19:26 Jul 30, 2019 Jkt 247001 (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. In § 622.408, revise paragraph (b) to read as follows: § 622.408 Bag/possession limits. * * * * * (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 (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 PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 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 § 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. In § 622.412, revise the 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. In § 622.413: ■ a. Revise paragraphs (b) introductory text and (b)(2) through (4); ■ b. Redesignate paragraphs (b)(5) through (7) as (b)(6) through (8); ■ d. Add new paragraph (b)(5); and ■ e. Revise 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 Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399; E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations telephone: 850–487–0554; http:// www.flrules.org. * * * * * (2) F.A.C., Chapter 68B–24: Spiny lobster (crawfish) and slipper lobster, Rule 68B–24.002: Definitions, amended 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, amended November 1, 2018, IBR approved for § 622.403(b). (4) F.A.C., Chapter 68B–24: Spiny lobster (crawfish) and slipper lobster, Rule 68B–24.006: Gear: Traps, Buoys, Identification Requirements, Prohibited VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 Devices, amended 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, amended May 1, 2017, IBR approved for § 622.404(e). * * * * * (c) Florida Statute: Florida Fish and Wildlife Commission, 620 South Meridian Street, Tallahassee, FL 32399; telephone: 850–487–0554; http:// www.leg.state.fl.us/statutes/. * * * * * ■ 10. Revise § 622.415 to read as follows: PO 00000 Frm 00095 Fmt 4700 Sfmt 9990 37153 § 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 § 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. 2019–16265 Filed 7–26–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\31JYR1.SGM 31JYR1

Agencies

[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37149-37153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16265]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 190725-0004]
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: Final rule.

-----------------------------------------------------------------------

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 final 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: This final rule is effective August 30, 2019, except for the 
amendments to Sec. Sec.  622.403(b) and 622.413(b)(3), which are 
effective July 26, 2019. The incorporation by reference of certain 
materials listed in this rule is approved by the Director of the 
Federal Register as of August 30, 2019. The incorporation by reference 
of the material in Sec.  622.413(b)(3), is approved by the Director of 
the Federal Register as of July 26, 2019.

ADDRESSES: 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: Kelli O'Donnell, Southeast Regional 
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.).
    On April 2, 2019, NMFS published a notice of availability (NOA) for 
Amendment 13 and requested public comment (83 FR 12573). On April 18, 
2019, NMFS published a proposed rule for Amendment 13 and requested 
public comment (84 FR 16233). Amendment 13 and the proposed rule 
outline the rationale for the actions contained in this final rule. A 
summary of the management measures described in Amendment 13 and 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule implements measures to modify the Federal 
regulations regarding spiny lobster to be compatible with Florida 
regulations concerning bully net gear requirements and commercial daily 
possession limits. This rule also clarifies outdated language in the 
spiny lobster Federal regulations and updates the incorporations by 
reference to the Florida regulations. In addition, Amendment 13 re-
establishes a procedure for an enhanced cooperative management system 
to provide Florida a mechanism to propose spiny lobster regulations 
directly to NMFS for implementation.

Florida Bully Net Permit and Gear Marking Requirements and Prohibitions

    This final rule aligns Federal and Florida bully net regulations to 
improve enforcement and reduce potential confusion among fishers. The 
rule requires commercial bully net vessels in the EEZ off Florida to 
have a bully net permit from Florida; requires such a vessel to be 
marked with the harvester's Florida bully net permit number using 
reflective paint or other reflective material; prohibits commercial 
bully net vessels from having trap pullers onboard; and prohibits the 
simultaneous possession of a bully net and any underwater breathing 
apparatus (not

[[Page 37150]]

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

    This final rule incorporates by reference the most recent Florida 
definition of commercial harvester, which is 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 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 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 final rule also revises and clarifies language in the spiny 
lobster Federal regulations, including updating phone numbers and 
websites referenced in 50 CFR 622.413, and correcting a typographic 
mistake in 50 CFR 622.415. This rule also removes the phrase ``during 
times other than the authorized fishing season'' from 50 CFR 
622.402(c)(1), to clarify that unmarked traps are illegal gear, 
regardless of the time of year, and may be removed in accordance with 
Florida regulations.

Incorporation by Reference

    The final rule updates the incorporation by reference in 50 CFR 
622.400(a)(1)(i) which provides the definition of commercial harvester.
    The rule also updates 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 final 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 similarly updates 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 final rule adds new incorporation by 
reference of the Florida Administrative Code, in 50 CFR 622.404(e) and 
(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 http://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 Final Rule

    In addition to the measures in this final rule, Amendment 13 re-
establishes a procedure that allows Florida to propose rules directly 
to NMFS, which will increase NMFS' ability to implement consistent 
Federal regulations in a timely manner.

Comments and Responses

    During the public comment period, NMFS received one comment from 
the Florida Fish and Wildlife Conservation Commission (FWC) and two 
comments from individuals on Amendment 13 and the proposed rule. These 
comments, as well as NMFS' respective response, are detailed below. No 
changes are being made in response to the comments.
    Comment 1: The Florida Fish and Wildlife Conservation Commission 
(FWC) suggests additional changes to paragraph (c)(1) in section 
622.402 to allow for the removal of all derelict traps in the EEZ of 
Florida, instead of only unmarked traps.
    Response: NMFS has determined that it is not appropriate to make 
the suggested changes in this final rule because they would expand the 
scope of paragraph (c) beyond what was contemplated in the proposed 
rule. Section 622.402(c) addresses ``unmarked traps and buoys,'' 
stating that these traps and buoys are illegal gear. Paragraph (c)(1) 
currently states that this gear, during times other than the authorized 
fishing season, will be considered derelict and may be disposed of 
consistent with 65B-55.002 and 65B-55.004 of the Florida Administrative 
Code. This final rule removes the phrase ``during times other than the 
authorized fishing season,'' to clarify that unmarked gear are illegal 
gear, regardless of the time and year, and may be removed in accordance 
with Florida regulations. Because the definition of ``derelict trap'' 
in the Florida regulations includes more than just an unmarked trap, 
authorizing the removal of all derelict traps would expand the gear 
currently identified as illegal under section 622.402, as amended by 
this final rule. Therefore, NMFS is not changing the proposed rule in 
response to this comment. However, we note that Amendment 13 
reestablishes a procedure to allow Florida to propose rules directly to 
NMFS. If appropriate, FWC could consider using this new procedure to 
propose changes to section 622.402(c) to make the illegal gear 
identified in this provision consistent with the Florida regulations.
    Comment 2: The regulations for spiny lobster that apply in the EEZ 
off Florida should also apply in the EEZ off the coasts of North 
Carolina, South Carolina, and Georgia.
    Response: NMFS disagrees. As noted above, the majority of spiny 
lobster in the Gulf and South Atlantic occurs off the coast of Florida. 
The purpose of Amendment 13 is to align Florida and Federal regulations 
to both enhance enforcement in this area and reduce potential confusion 
by fishers. The Councils did not consider expanding the regulations for 
spiny lobster that apply off the coast of Florida throughout the entire 
South Atlantic EEZ.
    Comment 3: The procedure to allow Florida to propose regulations 
directly to NMFS could allow Florida to implement measures that are not 
sufficiently protective of the spiny lobster stock.
    Response: NMFS disagrees. The procedure that allows Florida to 
submit proposed regulations for spiny lobster management directly to 
NMFS requires that the proposed regulations be consistent with the 
objectives of the FMP, the Magnuson-Stevens Act, and other applicable 
law. In addition, the Councils must approve the proposed regulations 
and NMFS must implement these regulations consistent with 
Administrative Procedure Act. This includes publishing a proposed rule 
and soliciting public comment. After

[[Page 37151]]

reviewing the public comments, NMFS may, in consultation with the 
Councils, make appropriate revisions to the proposed regulations prior 
to publishing a final rule.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 13, the FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. In addition, no new reporting, record keeping, or 
other compliance requirements are introduced by this final rule. 
Accordingly, the Paperwork Reduction Act does not apply to this final 
rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. None of the public comments 
that were received specifically addressed the certification and NMFS 
has not received any new information that would affect its 
determination that this rule would not have a significant economic 
impact on a substantial number of small entities. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.
    Pursuant to 5 U.S.C. 553(d)(3), the AA finds good cause to waive 
the 30-day delay in the date of effectiveness for the incorporation by 
reference of Florida Administrative Code (F.A.C.) provisions (F.A.C., 
Chapter 68B-24: Spiny lobster (crawfish) and slipper lobster, Rule 68B-
24.005: Seasons) as referenced in 50 CFR 622.413(b)(3), because such a 
delay would be contrary to the public interest. The F.A.C. provisions 
referenced in 50 CFR 622.413(b)(3) include a provision to allow spiny 
lobster harvesters to bait and place their traps in the water beginning 
on the Saturday immediately following the recreational sport season; 
this year, the Saturday immediately following the recreational sport 
season is July 27, 2019. Once this section is effective, it will allow 
the commercial harvesters to place their traps to soak in the water on 
July 27, instead of requiring them to wait until August 1. Because the 
state of Florida will allow the spiny lobster harvesters to place their 
traps in state waters on July 27, 2019, having a different date to 
place their traps in Federal waters off Florida may create significant 
confusion and unnecesarily complicate law enforcement efforts, which is 
contrary to the public interest. If this part of the final rule were 
delayed by 30 days, the spiny lobster trap harvesters in Federal waters 
off Florida would miss the earliest possible date they could set their 
traps, which may result in a reduced harvest opportunity and lower 
economic benefits.
    In addition, because this measure allows traps to be placed in the 
water on July 27 instead of August 1, it relieves a restriction, and 
therefore it also falls within the 5 U.S.C. 553(d)(1) exception to the 
30-day delay in the date of effectiveness requirement. The commercial 
spiny lobster season begins on August 6, 2019, and NMFS wants to allow 
all spiny lobster harvesters the earliest opportunity to place their 
traps in Federal waters off Florida beginning in 2019, as intended by 
the Councils in Amendment 13. Waiving the 30-day delay in the date of 
effectiveness for Sec.  622.413(b)(3) will allow this final rule to 
more fully benefit the fishery through increased fishing opportunities 
as described in Amendment 13 and as intended by the Councils.
    Only the provisions of Sec.  622.413(b)(3) are effective on the 
date of filing for inspection with the Office of the Federal Register. 
All other management measures contained in this final rule are 
effective 30 days after publication in the Federal Register.


    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: July 25, 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 amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.400, 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).
* * * * *

0
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.
* * * * *

[[Page 37152]]


0
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 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.
* * * * *

0
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).

0
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).
* * * * *

0
7. In Sec.  622.408, revise paragraph (b) to read as follows:


Sec.  622.408  Bag/possession limits.

* * * * *
    (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 (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.
* * * * *

0
8. In Sec.  622.412, revise the 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:
* * * * *

0
9. In Sec.  622.413:
0
a. Revise paragraphs (b) introductory text and (b)(2) through (4);
0
b. Redesignate paragraphs (b)(5) through (7) as (b)(6) through (8);
0
d. Add new paragraph (b)(5); and
0
e. Revise 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 Fish and Wildlife 
Conservation Commission, 620 South Meridian Street, Tallahassee, FL 
32399;

[[Page 37153]]

telephone: 850-487-0554; http://www.flrules.org.
* * * * *
    (2) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.002: Definitions, amended 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, amended November 1, 2018, IBR 
approved for Sec.  622.403(b).
    (4) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.006: Gear: Traps, Buoys, Identification 
Requirements, Prohibited Devices, amended 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, amended May 1, 2017, IBR 
approved for Sec.  622.404(e).
* * * * *
    (c) Florida Statute: Florida Fish and Wildlife Commission, 620 
South Meridian Street, Tallahassee, FL 32399; telephone: 850-487-0554; 
http://www.leg.state.fl.us/statutes/.
* * * * *

0
10. Revise Sec.  622.415 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. 2019-16265 Filed 7-26-19; 4:15 pm]
 BILLING CODE 3510-22-P