Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and St. John; Spiny Lobster Management Measures, 78625-78630 [2022-27846]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78625-78630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27846]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 221219-0276]
RIN 0648-BK71


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and 
St. John; Spiny Lobster Management Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Framework Amendment 1 under the Fishery Management Plans for Puerto 
Rico, St. Croix, and St. Thomas and St. John (collectively, the island-
based FMPs) (Framework Amendment 1). If implemented, this proposed rule 
would modify annual catch limits (ACLs) for spiny lobster in the U.S. 
Caribbean exclusive economic zone (EEZ) off Puerto Rico, St. Croix, and 
St. Thomas and St. John. The proposed rule would also revise the 
accountability measure (AM) trigger for spiny lobster in the EEZ around 
each island group. The purpose of this proposed rule is to update 
management reference points for spiny lobster under the island-based 
FMPs, consistent with the best scientific information available to 
prevent overfishing and achieve optimum yield (OY).

DATES: Written comments must be received by January 23, 2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2022-0104'' by either of the following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter ``NOAA-NMFS-2022-0104'' in the Search box. Click on the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit all written comments to Sarah Stephenson, 
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, 
FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Framework Amendment 1, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis, may be obtained from the Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/generic-framework-amendment-1-modification-spiny-lobster-management-reference-points.

FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Puerto Rico, St. Croix, and St. Thomas 
and St. John fisheries include spiny lobster, and are managed under the 
island-based FMPs. The island-based FMPs were prepared by the Caribbean 
Fishery Management Council (Council) and NMFS. NMFS implemented the 
island-based FMPs through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Steven Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the OY from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems.
    On September 22, 2020, the Secretary of Commerce approved the 
island-based FMPs under section 304(a)(3) of the Magnuson-Stevens Act. 
For Puerto Rico and the U.S. Virgin Islands (USVI), the

[[Page 78626]]

Council and NMFS manage fisheries under the island-based FMPs. NMFS 
published the final rule in the Federal Register to implement the 
island-based FMPs on September 13, 2022 (87 FR 56204). The island-based 
FMPs contain management measures applicable for Federal waters off the 
respective island group. Federal waters around Puerto Rico extend 
seaward from 9 nautical miles (nmi; 16.7 km) from shore to the offshore 
boundary of the EEZ. Federal waters around St. Croix, and St. Thomas 
and St. John extend seaward from 3 nmi (5.6 km) from shore to the 
offshore boundary of the EEZ.
    The island-based FMPs establish status determination criteria (SDC) 
and other management reference points for all stocks and stock 
complexes included for Federal management, including spiny lobster, 
following a 3-step process. Step 1 adopts and applies a 4-tiered 
acceptable biological catch (ABC) control rule to specify SDC and 
reference points depending on differing levels of data availability. 
Step 2 establishes a proxy for maximum sustainable yield (MSY) when 
fishing mortality cannot be determined. Step 3 applies a reduction 
factor to the ABC for each stock or stock complex to specify the ACL, 
reflecting the Council's estimate of management uncertainty. The OY is 
equal to the ACL for each stock or stock complex.
    Under the ABC control rule, Tier 1 applies to stocks with the most 
data available, while each subsequent tier operates with less available 
data than the preceding tier. Tier 4, the final tier, is the most data 
limited and applies when no accepted quantitative assessment is 
available. Tier 4 introduces a new reference point, the sustainable 
yield level, which is determined under one of two sub-tiers, Tier 4a 
and Tier 4b, based on an understanding of the stock's vulnerability to 
fishing pressure. Tier 4a is less conservative and applies when the 
stock's vulnerability to fishing pressure is relatively low or 
moderate. Under each of the island-based FMPs, the SDC and other 
management reference points for spiny lobster are currently derived by 
applying the Tier 4a definitions using a period of stable and 
sustainable landings. For spiny lobster, only commercial landings data 
are collected. Because recreational landings data are not available, 
the ACLs for spiny lobster are based on commercial landings and apply 
to all harvest for the stock, whether commercial or recreational.
    In 2019, the Southeast Data, Assessment, and Review (SEDAR) 
completed separate stock assessments for spiny lobster in Puerto Rico, 
St. Croix, and St. Thomas and St. John (SEDAR 57), which were reviewed 
by the Council's Scientific and Statistical Committee (SSC) and 
determined to be suitable for management advice. Specifically, the SSC 
supported the stock assessments as providing the best scientific 
information available relative to the SDC of overfishing status and 
overfished status; accepted an MSY proxy of the fishing morality rate 
(F) at 30 percent spawning potential ratio 
(F30%SPR); supported the outcome that overfishing 
is not occurring and that the populations are not overfished; and 
supported and recommended the use of the assessments to update the 
values for management reference points and SDC in the island-based FMPs 
using definitions in Tier 3 (data limited, accepted assessment 
available) of the Council's ABC control rule.
    Under Tier 3 of the ABC control rule, if the biomass (B) of the 
stock falls below the minimum stock size threshold (MSST), which would 
be set equal to 75 percent of the long-term spawning stock biomass 
(0.75*SSBMFMT) at the maximum fishing mortality threshold 
(MFMT), the stock would be determined to be overfished; that is, if the 
ratio of B to MSST is less than 1. If NMFS determines the stock is 
overfished, the Council would then need to develop a rebuilding plan 
capable of returning the stock to a level that allows the stock to 
achieve MSY on a continuing basis. Additionally, under Tier 3, in years 
when there is a stock assessment, if F exceeds the MFMT, the stock is 
considered to be undergoing overfishing; that is, if the ratio of F to 
the MFMT is greater than 1. This level of fishing mortality, if 
continued, would reduce the stock biomass to an overfished condition. 
In years in which there is no assessment, the stock is considered to be 
undergoing overfishing if landings exceed the overfishing limit (OFL).
    Under Tier 3, the ABC is derived by reducing the OFL by the SSC's 
scientific uncertainty buffer (sigma; for spiny lobster stocks sigma = 
1.0) and reflecting the acceptable probability of overfishing 
determined by the Council (defined as P*; for spiny lobster stocks P* 
equals 0.45). The ACL is then derived by reducing the ABC by the 
Council's management uncertainty buffer.
    The Council requested that the SSC coordinate with the NMFS 
Southeast Fisheries Science Center (SEFSC) to provide recommended OFLs 
and ABCs for spiny lobster for each island group for years 2021 to 
2023. At its February 2021 meeting, the Council's SSC recommended both 
a variable-catch approach and a constant-catch approach for updating 
spiny lobster OFLs and ABCs for the period of 2021-2023 under each FMP. 
Under both approaches, the SSC recommended that the spiny lobster OFLs 
and ABCs for 2024 and subsequent fishing years be set equal to the OFL 
and ABC values specified for 2023 under the variable-catch approach. 
The Council requested that the SEFSC provide an interim assessment by 
2023 to update OFL projections to allow catch levels to later be 
revised for subsequent fishing years in an expected future amendment to 
each of the island-based FMPs. Interim assessments are designed to 
occur between regular SEDAR assessments to determine trends in stock 
condition and project future catch advice.
    Consistent with the SEDAR 57 stock assessment, and recommendations 
from the Council's SSC and the SEFSC, the Council developed Framework 
Amendment 1 to prevent overfishing of spiny lobster and achieve OY, 
consistent with the requirements of the Magnuson-Stevens Act. For each 
island-based FMP, the Council set constant-catch ACLs for spiny lobster 
for fishing years 2021-2023, and set ACLs for 2024 and later based on 
the ABCs specified for 2023 under the variable-catch approach. The ACLs 
are equal to 95 percent of the ABCs recommended by the SSC, which 
reflects the Council's management uncertainty buffer.
    All weights described in this proposed rule are in round weight.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the ACLs for spiny lobster in the 
EEZ around Puerto Rico, St. Croix, and St. Thomas and St. John. This 
proposed rule would also revise the sequence of landings data used by 
NMFS to determine if an AM is triggered for, or needs be applied to, 
spiny lobster in the EEZ around each island group.

Annual Catch Limits

    If implemented, this proposed rule would modify the spiny lobster 
ACLs in the EEZ around Puerto Rico, St. Croix, and St. Thomas and St. 
John for the 2023 fishing year and the 2024 and subsequent fishing 
years.
    For the Puerto Rico FMP, the ACL for spiny lobster would decrease 
from the current ACL of 527,232 lb (239,148.4 kg) to 369,313 lb 
(167,517 kg) for the 2023 fishing year, and then further decrease to 
366,965 lb (166,452 kg) for the 2024 and subsequent fishing years.
    For the St. Croix FMP, the ACL for spiny lobster would decrease 
from the current ACL of 197,528 lb (89,597.1 kg)

[[Page 78627]]

to 140,667 lb (63,805 kg) for the 2023 fishing year, and then would 
further decrease to 120,830 lb (54,807 kg) for the 2024 and subsequent 
fishing years.
    For the St. Thomas and St. John FMP, the ACL for spiny lobster 
would decrease from the current ACL of 209,210 lb (94,892 kg) to 
142,636 lb (64,698 kg) for the 2023 fishing year, and then would 
further decrease to 126,089 lb (57,193 kg) for the 2024 and subsequent 
fishing years.
    The updated management reference points, including the proposed ACL 
reductions, are expected to better protect against overfishing of the 
stock in relation to the current catch limits, thus ensuring, to the 
greatest extent practicable, continued access to the resource in future 
years.
    NMFS notes that Framework Amendment 1 includes recommended ACLs for 
the 2021 and 2022 fishing years. However, as a result of delays 
associated with the final rule implementing the island-based FMPs, 
which needed to precede this rulemaking, and the time needed by NMFS to 
develop and implement this current rulemaking, this proposed rule does 
not include proposed spiny lobster ACLs for the 2021 and 2022 fishing 
years.

Accountability Measures

    Under each island-based FMP, the current AM for spiny lobster 
states that NMFS compares available landings of spiny lobster to the 
spiny lobster ACL based on a moving multi-year average of landings. In 
the first year following implementation of the island-based FMPs, NMFS 
compares a single year of available landings to the ACL; in the second 
year following implementation, NMFS compares a single year of available 
landings to the ACL; in the third year following implementation, NMFS 
compares a 2-year average of available landings to the ACL; and in the 
fourth year following implementation, NMFS compares a 3-year average of 
available landings to the ACL. Thereafter, NMFS compares a progressive 
running 3-year average of available landings to the ACL. NMFS, in 
consultation with the Council, may deviate from the specific time 
sequences based on data availability.
    Framework Amendment 1 and this proposed rule would revise how NMFS 
evaluates whether landings of spiny lobster around each island group 
have exceeded the ACL and trigger the AM. As described in Framework 
Amendment 1, NMFS would compare the average of the most recent 3 years 
of available spiny lobster landings to the average of the ACLs in 
effect during those same fishing years. An AM may be triggered if the 
average annual landings exceeded the average of the ACLs in effect 
during those same fishing years. The Council determined this process 
would better anticipate changes to the spiny lobster ACLs moving 
forward, following future stock assessments for spiny lobster.
    Framework Amendment 1 also clarifies that if spiny lobster landings 
for a given year are available, but if NMFS has concerns with the data 
reliability, e.g., concerns with expansion factors applied to reported 
landings, then NMFS may use different data years to compare to the ACL 
to determine if the AM has been triggered, consistent with the best 
scientific information available. The process for how NMFS would apply 
the timing of an AM during a fishing year remains as described in each 
of the island-based FMPs and the implementing final rule.
    If NMFS determines that an ACL overage resulted from improved data 
collection or monitoring rather than from increased catch, the AM would 
not be triggered and NMFS would not reduce the length of the fishing 
season for spiny lobster.

Measures in Framework Amendment 1 Not Codified in This Proposed Rule

    In addition to the ACLs described in this proposed rule, Framework 
Amendment 1 specifies the MSY proxy, MFMT, and MSST for spiny lobster. 
Framework Amendment 1 also specifies the spiny lobster OFLs and ABCs 
for the 2021-2023 fishing years and for the 2024 and subsequent fishing 
years for Puerto Rico, St. Croix, and St. Thomas and St. John. However, 
as explained above, this proposed rule does not include spiny lobster 
management reference points for the 2021 and 2022 fishing years.
    For the Puerto Rico FMP, the MSY proxy, MFMT, and MSST for spiny 
lobster would be 432,501 lb (196,179 kg), 0.197 
(F30%SPR), and 84.8 billion eggs 
(0.75*SSBMFMT), respectively. The OFL for spiny lobster 
would be 440,803 lb (199,944 kg) for the 2023 fishing year, and then 
438,001 lb (198,673 kg) for the 2024 and subsequent fishing years. The 
ABC for spiny lobster would be 388,750 lb (176,334 kg) for the 2023 
fishing year, and then 386,279 lb (175,213 kg) for the 2024 and 
subsequent fishing years.
    For the St. Croix FMP, the MSY proxy, MFMT, and MSST for spiny 
lobster would be 127,742 lb (57,943 kg), 0.203 
(F30%SPR), and 23 billion eggs 
(0.75*SSBMFMT), respectively. The OFL for spiny lobster 
would be 167,897 lb (76,156 kg) for the 2023 fishing year, and then 
144,219 lb (65,416 kg) for the 2024 and subsequent fishing years. The 
ABC for spiny lobster would be 148,071 lb (67,163 kg) for the 2023 
fishing year, and then 127,189 lb (57,691 kg) for the 2024 and 
subsequent fishing years.
    For the St. Thomas and St. John FMP, the MSY proxy, MFMT, and MSST 
for spiny lobster would be 133,601 lb (60,600 kg), 0.244 
(F30%SPR), and 21.3 billion eggs 
(0.75*SSBMFMT), respectively. The OFL for spiny lobster 
would be 170,247 lb (77,222 kg) for the 2023 fishing year, and then 
150,497 lb (68,264 kg) for the 2024 and subsequent fishing years. The 
ABC for spiny lobster would be 150,143 lb (68,103 kg) for the 2023 
fishing year, and then 132,725 lb (60,203 kg) for the 2024 and 
subsequent fishing years.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Framework Amendment 1, the island-based FMPs for Puerto 
Rico, St. Croix, and St. Thomas and St. John, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal basis for this proposed 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting and record-keeping 
requirements are introduced by this proposed rule. This proposed rule 
contains no information collection requirements under the Paperwork 
Reduction Act of 1995.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact 
this proposed rule, if adopted, would have on small entities. A 
description of this proposed rule, why it is being considered, and the 
purposes of this proposed rule are contained in the SUMMARY and 
SUPPLEMENTARY INFORMATION sections of the preamble. A copy of the full 
analysis is available from NMFS (see ADDRESSES). A summary of the IRFA 
follows.
    The objective of this proposed rule and Framework Amendment 1 is to 
use the best scientific information available to update management 
reference points for spiny lobster under the each of island-based FMPs, 
based on the SEDAR 57 spiny lobster stock assessments and application 
of the Council's ABC Control Rule, and to revise the AM trigger for 
spiny lobster in the EEZ

[[Page 78628]]

around each island group. All monetary estimates in the following 
analysis are in 2020 dollars.
    This proposed rule, if implemented, would apply to all anglers 
(recreational fishermen) and commercial fishing businesses that harvest 
spiny lobster in the U.S. Caribbean EEZ off Puerto Rico, St. Croix, and 
St. Thomas and St. John. The RFA does not consider recreational anglers 
to be small entities, whether fishing from for-hire fishing, private, 
or leased vessels. Small entities include small businesses, small 
organizations, and small governmental jurisdictions (5 U.S.C. 601(6) 
and 601(3)-(5)). Recreational anglers are not businesses, 
organizations, or governmental jurisdictions. Therefore, neither 
estimates of the number of anglers nor the impacts on them are required 
or provided in this analysis, and only the impacts on commercial 
fishermen will be discussed.
    Any commercial fisherman that operates a fishing vessel that lands 
spiny lobster harvested from Federal or state waters off Puerto Rico or 
the U.S. Virgin Islands must be commercially licensed to do so by the 
respective territorial government. Each licensed commercial fisherman 
represents a unique commercial fishing business. In 2016, 811 licensed 
commercial fishermen in Puerto Rico submitted catch reports. In 2019, 
46.6 percent of active commercial fishermen reported landings of spiny 
lobster. Using the percentage of active commercial fishermen in 2019 
who reported landings of spiny lobster and the number of active 
commercial fishermen prior to the 2017 hurricane season, which had 
disastrous impacts on Puerto Rico's commercial fishermen, NMFS 
estimates 378 commercial fishing businesses in Puerto Rico may be 
directly affected by the proposed rule. NMFS estimates that 81 (57.4 
percent) of St. Croix's 141 licensed commercial fishermen and 35 (29.5 
percent) of St. Thomas and St. John's 119 licensed commercial fishermen 
target spiny lobster. Therefore, up to 81 commercial fishing businesses 
in St. Croix and 35 in St. Thomas and St. John may harvest spiny 
lobster in the EEZ and may be directly affected by the proposed rule.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 11411) is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts are not in excess of $11 million for all of its 
affiliated operations worldwide. The Puerto Rico fishery and U.S. 
Virgin Islands fisheries as a whole are estimated to generate direct 
revenues of $6.06 million and $5.48 million annually, respectively, 
assuming current landings have fully recovered from the significant 
negative impacts of the 2017 hurricane season and the COVID-19 
pandemic. If fully recovered from those events, the average small 
commercial fishing business in Puerto Rico and the U.S. Virgin Islands 
has annual revenues of $7,472 and $21,077, respectively. Whether there 
has been a full recovery or not, all commercial fishing businesses in 
Puerto Rico, St. Croix, and St. Thomas and St. John are identified to 
be small entities based on the NMFS size standard. No other small 
entities that would be directly affected by this proposed rule have 
been identified.
    Action 1 of Framework Amendment 1 would update the OFLs, ABCs, and 
ACLs for spiny lobster in the Puerto Rico FMP, the St. Croix FMP, and 
the St. Thomas and St. John FMP. The magnitude of the impact of this 
action is dependent on Action 2, which would revise the sequence of 
landings data used to compare to the ACLs for determining whether the 
AM for the spiny lobster stock under each FMP has been triggered. It 
would not change the process for applying an AM in Puerto Rico, St. 
Croix, and St. Thomas and St. John.
    Under this proposed rule and Framework Amendment 1, the average of 
the most recent 3 years of available spiny lobster landings, e.g., 
2019-2021, as estimated by NMFS and based on best scientific 
information available, would be compared to the average of the ACLs for 
those same years to determine if there has been an exceedance that 
triggers the AM.
    Data on the costs and profits of the small businesses directly 
regulated by this proposed rule are not collected. However, the 
estimates of annual revenue losses and the percentages of annual total 
revenues that those losses represent offer insight into if the proposed 
rule could significantly reduce profits.

Puerto Rico

    NMFS uses spiny lobster landings in Puerto Rico from 2012 through 
2019 to estimate the impacts because those were the most recent 
landings data available at the time of the analysis. The baseline ACL 
of spiny lobster in Puerto Rico is 527,232 lb (239,148 kg), and no 3-
year average or single year of those landings of spiny lobster exceeds 
the baseline ACL. Therefore, NMFS expects there would be no exceedance 
of the ACL and there would be no impacts on small businesses in Puerto 
Rico under the status quo.
    The highest and lowest 3 years of spiny lobster landings in Puerto 
Rico from 2012 through 2019 are used to evaluate a range of the impact 
of the proposed rule from 2023 through 2027. The average of the highest 
3 years of landings is 486,343 lb (220,601 kg), which is greater than 
the proposed moving 3-year average of ACLs for each year from 2023 
through 2027. Because the estimate of maximum average landings is 
greater than the proposed moving 3-year average of ACLs, the AM would 
be triggered each year from 2023 through 2027. That average of the 
highest 3 years of landings is also greater than the proposed ACL for 
each year from 2023 through 2027, and the difference is the ACL overage 
of landings, which from 2023 through 2027 would range from 117,030 to 
119,378 lb (53,084 to 54,149 kg) and average 118,908 lb (53,936 kg) 
annually. If the AM was triggered, the length of each spiny lobster 
fishing season in Federal waters off Puerto Rico would be reduced to 
eliminate the annual ACL overage of landings, unless NMFS determined 
that the best scientific information available indicated otherwise. The 
average price of spiny lobster is estimated to be $7.17 per pound. Over 
the 5-year period from 2023 through 2027, the average annual impact to 
all small businesses combined would range from $0 to a loss of annual 
revenues totaling $734,731. When that total annual impact is divided 
equally across the 378 (46.6 percent of 811) small businesses that may 
be directly affected by this action, the average small business would 
incur an average decrease in annual revenue of $1,944, which represents 
26.0 percent of the average annual total revenue of these small 
businesses. Note that the significance of this impact is based on the 
assumptions that spiny lobster landings have fully recovered from the 
adverse impacts of both the 2017 hurricane season and COVID-19 pandemic 
and that all spiny lobster landings in Puerto Rico are harvested from 
the EEZ. The maximum impact would be less if spiny lobster landings 
have not fully recovered to pre-2017 levels or if spiny lobster is 
harvested from both Federal and territorial waters. If landings from 
2023 through 2027 remain on pace with the average of the lowest 3 years 
of landings, rather than the highest, the estimate of average landings 
would be less than the moving

[[Page 78629]]

3-year average of ACLs. In that case, there would be no exceedance of 
the ACL and no impact on small businesses.

St. Croix

    NMFS uses spiny lobster landings in St. Croix from 2012 through 
2019 to estimate the impacts because those were the most recent 
landings data available at the time of the analysis. The baseline ACL 
of spiny lobster in St. Croix is 197,528 lb (89,597 kg), and during the 
8-year period, annual landings ranged from 10,970 to 87,073 lb (4,976 
to 39,496 kg). Consequently, NMFS expects that from 2023 through 2027 
baseline landings would be less than the baseline ACL. In that case, 
there would be no exceedance of the ACL and no impact on small 
businesses in St. Croix under the status quo.
    The highest and lowest 3 years of landings in St. Croix from 2012 
through 2019 are used to evaluate a range of the impact from 2023 
through 2027. The average of the highest 3 years of landings is 63,811 
lb (28,944 kg) and the lowest 3 years of landings is 17,628 lb (7,996 
kg), and both of those landings averages are lower than the proposed 3-
year moving average of ACLs. Consequently, NMFS expects there would be 
no exceedance of the ACL and there would be no impact on small 
commercial fishing businesses of St. Croix.

St. Thomas and St. John

    NMFS uses spiny lobster landings in St. Thomas and St. John from 
2012 through 2019 to estimate the impacts because those were the most 
recent landings data available at the time of the analysis. The 
baseline ACL of spiny lobster in St. Thomas and St. John is 209,201 lb 
(94,892 kg), and from 2012 through 2019, annual landings never exceeded 
121,695 lb (55,200 kg). Therefore, NMFS expects there would be no 
exceedance of the ACL and no impact on small businesses in St. Thomas 
and St. John under the status quo.
    The highest and lowest 3-year averages of spiny lobster landings in 
St. Thomas and St. John from 2012 through 2019 are used to evaluate a 
range of the impact from 2023 through 2027 under the proposed rule. The 
highest 3-year average is 107,804 lb (48,899 kg) and the lowest 3-year 
average is 84,793 lb (38,461 kg). The estimate of maximum average 
landings in 2023 (107,804 lb (48,899 kg)) is greater than the proposed 
3-year moving average ACL (104,199 lb (47,264 kg)) for that year, but 
the estimate of maximum average landings in 2024 and thereafter is less 
than the proposed 3-year moving average ACL in 2024 and thereafter. 
Consequently, if the estimate of maximum average landings were to 
occur, the AM would be triggered in 2023, but not thereafter. The 
proposed ACL in 2023 (142,636 lb (64,699 kg), however, would be greater 
than that maximum landings estimate (107,804 lb (48,899 kg)). Because 
there would be no (zero) overage estimate, and no reduction in the 
fishing season, and no impact on small businesses of St. Thomas and St. 
John is expected.
    If annual landings from 2023 through 2027 in St. Thomas and St. 
John are better represented by the lowest, 3-year average of landings 
from 2012 through 2019, rather than the highest, the estimate of annual 
landings would be less than the proposed ACL for each year. There would 
be no exceedance of the ACL, no application of the AM, and no impact on 
small businesses in Thomas and St. John.
    Table 1 provides a summary of estimated impacts to small businesses 
directly regulated by the proposed rule in the near term.

  Table 1--Summary of Average Annual Adverse Impacts by Island Area by Action per Small Business That Harvests
                                            Spiny Lobster, 2023-2027
----------------------------------------------------------------------------------------------------------------
                                                                                              St. Thomas &  St.
       Action          Brief description          Puerto Rico               St. Croix               John
----------------------------------------------------------------------------------------------------------------
1..................  Update OFLs, ABCs, &                      Impact dependent on Action 2.
                      ACLs.
----------------------------------------------------------------------------------------------------------------
2..................  Revise sequence of    $0 to $1,944 per small     $0 per small          $0 per small
                      landings data for     business (0 to 26.0        business.             business.
                      overage               percent of average
                      determination.        annual revenue for 46.6
                                            percent of active small
                                            commercial fishing
                                            businesses).
----------------------------------------------------------------------------------------------------------------

    Given the extent to which the maximum average adverse impact could 
reduce the annual revenue to approximately 46.6 percent of Puerto 
Rico's small commercial fishing businesses by $1,944, which represents 
26.0 percent of the average annual revenue of those small businesses, 
NMFS determined that this proposed rule could have a significant 
adverse impact on a substantial number of small entities in Puerto 
Rico. That magnitude, however, is based on the assumptions that 
landings of spiny lobster have fully recovered from both the 2017 
hurricane season and COVID-19 pandemic and all harvest of spiny lobster 
occurs in Federal waters. If landings have not fully recovered or if 
spiny lobster is harvested in both Federal and territorial waters, the 
maximum impact would be less. Moreover, the proposed rule may have no 
adverse economic impact on small businesses in Puerto Rico. The 
proposed rule would have no impact on small businesses in St. Croix or 
St. Thomas and St. John.
    Considered, but not selected, alternatives to Action 1 discussed in 
Framework Amendment 1 would have higher or lower ACLs than the 
preferred alternative. Under Alternative 1 (no action), the OFL proxy, 
ABC, and ACL for spiny lobster would remain as specified under each 
island-based FMP. Alternatives 2 and 3 would update the management 
reference points for spiny lobster based on the accepted stock 
assessments. Alternative 2 would set declining OFLs and ABCs for 2021-
2023 and includes three sub-alternatives (2a-2c) that would set the 
ACLs equal to a percentage of the ABC: Sub-alternative 2a would set the 
ACL equal to ABC; Sub-alternative 2b would set the ACL equal to 95 
percent of the ABC; and Sub-alternative 2c would set the ACL equal to 
90 percent of the ABC. Alternative 3 would set constant OFLs and ABCs 
for 2021-2023 and includes three sub-alternatives (3a-3c) that use the 
same reduction factors as the Alternative 2 sub-alternatives to set the 
ACLs equal to a percentage of the ABC.
    Generally, the more the ACL is reduced, the larger the potential 
adverse impact because landings and dockside revenue from those 
landings are similarly reduced. Alternatives 2c and 3c would have 
larger potential maximum adverse impacts than the proposed action, 
while Alternatives 2a and 3a would have smaller potential maximum 
adverse impact than the preferred alternative.

[[Page 78630]]

    Alternative 1 (no action) of Action 2 would compare a stepped 
progression of landings (starting with a single year of landings and 
then progressing to a 3-year average) to the ACL. A considered, but not 
selected, alternative to Action 2 (Alternative 3 in Framework Amendment 
1) would have the estimate of landings based on the most recent single 
year's landings. Such an estimate is vulnerable to atypical 
fluctuations, and consequently, that alternative would likely result in 
more seasons being shortened than the proposed action. Hence, the 
adverse impact on small businesses, especially in Puerto Rico, would 
likely be greater under that unselected alternative than the proposed 
action.

List of Subjects in 50 CFR Part 622

    Caribbean, Fisheries, Fishing, Spiny lobster.

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

    Dated: December 19, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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.  622.440, revise paragraph (c) to read as follows:


Sec.  622.440   Annual catch limits (ACLs), annual catch targets 
(ACTs), and accountability measures (AMs).

* * * * *
    (c) Spiny lobster. (1) For the 2023 fishing year, the ACL is 
369,313 lb (167,517 kg), round weight. For the 2024 and subsequent 
fishing years, the ACL is 366,965 lb (166,452 kg), round weight.
    (2) At or near the beginning of the fishing year, NMFS will compare 
a three year average of available landings to the average ACLs 
effective during those same years, as described in the FMP. If NMFS 
estimates that average landings have exceeded the average ACLs, the AA 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for spiny lobster within that 
fishing year by the amount necessary to prevent average landings from 
exceeding the ACL for that fishing year, as specified in paragraph 
(c)(1). If NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available, or if 
NMFS determines the ACL exceedance was due to improved data collection 
or monitoring rather than from increased landings, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
* * * * *
0
3. In Sec.  622.480, revise paragraph (c) to read as follows:


Sec.  622.480   Annual catch limits (ACLs), annual catch targets 
(ACTs), and accountability measures (AMs).

* * * * *
    (c) Spiny lobster. (1) For the 2023 fishing year, the ACL is 
140,667 lb (63,805 kg), round weight. For the 2024 and subsequent 
fishing years, the ACL is 120,830 lb (54,807 kg), round weight.
    (2) At or near the beginning of the fishing year, NMFS will compare 
a three year average of available landings to the average ACLs 
effective during those same years, as described in the FMP. If NMFS 
estimates that average landings have exceeded the average ACLs, the AA 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for spiny lobster within that 
fishing year by the amount necessary to prevent average landings from 
exceeding the ACL for that fishing year, as specified in paragraph 
(c)(1). If NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available, or if 
NMFS determines the ACL exceedance was due to improved data collection 
or monitoring rather than from increased landings, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
* * * * *
0
4. In Sec.  622.515, revise paragraph (c) to read as follows:


Sec.  622.515   Annual catch limits (ACLs), annual catch targets 
(ACTs), and accountability measures (AMs).

* * * * *
    (c) Spiny lobster. (1) For the 2023 fishing year, the ACL is 
142,636 lb (64,698 kg), round weight. For the 2024 and subsequent 
fishing years, the ACL is 126,089 lb (57,193 kg), round weight.
    (2) At or near the beginning of the fishing year, NMFS will compare 
a three year average of available landings to the average ACLs 
effective during those same years, as described in the FMP. If NMFS 
estimates that average landings have exceeded the average ACLs, the AA 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for spiny lobster within that 
fishing year by the amount necessary to prevent average landings from 
exceeding the ACL for that fishing year, as specified in paragraph 
(c)(1). If NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available, or if 
NMFS determines the ACL exceedance was due to improved data collection 
or monitoring rather than from increased landings, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
* * * * *
[FR Doc. 2022-27846 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-22-P