Proposed Rule2022-27846
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
Primary source
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Published
December 22, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Proposed Rules]
[Pages 78625-78630]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
<bullet> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www.fisheries.noaa.gov/action/generic-framework-amendment-1-modification-spiny-lobster-management-reference-points">https://www.fisheries.noaa.gov/action/generic-framework-amendment-1-modification-spiny-lobster-management-reference-points</a>.
FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email:
<a href="/cdn-cgi/l/email-protection#73001201121b5d000716031b161d001c1d331d1c12125d141c05"><span class="__cf_email__" data-cfemail="7e0d1f0c1f16500d0a1b0e161b100d11103e10111f1f50191108">[email protected]</span></a>.
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
(F<INF>30</INF>%<INF>SPR</INF>); 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*SSB<INF>MFMT</INF>) 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
(F<INF>30</INF>%<INF>SPR</INF>), and 84.8 billion eggs
(0.75*SSB<INF>MFMT</INF>), 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
(F<INF>30</INF>%<INF>SPR</INF>), and 23 billion eggs
(0.75*SSB<INF>MFMT</INF>), 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
(F<INF>30</INF>%<INF>SPR</INF>), and 21.3 billion eggs
(0.75*SSB<INF>MFMT</INF>), 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
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