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]
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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.
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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:
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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
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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
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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 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 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
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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
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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
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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:
■
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§ 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.
*
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*
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*
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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.
*
*
*
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*
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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. 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
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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; https://
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; https://
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 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 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; https://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;
https://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
