Rule2023-04912
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
March 16, 2023
Effective
April 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations 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). For spiny lobster, this final rule modifies annual catch limits (ACLs) in the U.S. Caribbean exclusive economic zone (EEZ) around Puerto Rico, St. Croix, and St. Thomas and St. John. The final rule also revises the accountability measure (AM) trigger for spiny lobster in the EEZ around each island group. The purpose of this final 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.
Full Text
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<title>Federal Register, Volume 88 Issue 51 (Thursday, March 16, 2023)</title>
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[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16194-16196]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04912]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230306-0066]
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: Final rule.
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SUMMARY: NMFS issues regulations 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). For spiny lobster, this
final rule modifies annual catch limits (ACLs) in the U.S. Caribbean
exclusive economic zone (EEZ) around Puerto Rico, St. Croix, and St.
Thomas and St. John. The final rule also revises the accountability
measure (AM) trigger for spiny lobster in the EEZ around each island
group. The purpose of this final 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.
DATES: This final rule is effective on April 15, 2023.
ADDRESSES: An electronic copy of Framework Amendment 1, which includes
an environmental assessment, a regulatory impact review, and a
Regulatory Flexibility Act 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, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
<a href="/cdn-cgi/l/email-protection#780b190a1910560b0c1d08101d160b17163816171919561f170e"><span class="__cf_email__" data-cfemail="1b687a697a7335686f7e6b737e756874755b75747a7a357c746d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Puerto Rico, St. Croix, and St. Thomas
and St. John fisheries target spiny lobster, which is managed under
each island-based FMP. 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).
On December 22, 2022, NMFS published a proposed rule to implement
management measures described in Framework Amendment 1 and requested
public comment (87 FR 78625). The proposed rule and Framework Amendment
1 outline the rationale for the actions contained in this final rule. A
summary of the management measures described in Framework Amendment 1
and implemented by this final rule is provided below.
All weights described in this final rule are in round weight.
Management Measures Contained in This Final Rule
For spiny lobster, this final rule revises the ACLs in the EEZ
around Puerto Rico, St. Croix, and St. Thomas and St. John, and the
sequence of landings data used by NMFS to determine if an AM is
triggered for, or needs be applied in Federal waters around each island
group.
Annual Catch Limits
The ACLs for spiny lobster implemented by this final rule are based
on stock assessments around each island group completed in 2019 through
the Southeast Data, Assessment, and Review process (SEDAR 57). The
SEDAR 57 assessments were reviewed by the Council's Scientific and
Statistical Committee and determined to be suitable for management
advice. For spiny lobster around each island group, 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.
For the Puerto Rico FMP, the ACL for spiny lobster will decrease to
369,313 lb (167,517 kg) for the 2023 fishing year from the previous ACL
of 527,232 lb (239,148 kg), 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 will decrease to
140,667 lb (63,805 kg) for the 2023 fishing year from the previous ACL
of 197,528 lb (89,597 kg), and then 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 will
decrease to 142,636 lb (64,698 kg) for the 2023 fishing year from the
previous ACL of 209,210 lb (94,892 kg), and then further decrease to
126,089 lb (57,193 kg) for the 2024 and subsequent fishing years.
The updated management reference points, including the ACLs, are
expected to better protect against overfishing of the stock in relation
to the previous 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 rulemaking, this final rule does not include
spiny lobster ACLs for the 2021 and 2022 fishing years.
Accountability Measures
Under each island-based FMP, the 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
[[Page 16195]]
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 final rule 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 will 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 exceeds 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 Final Rule
In addition to the ACLs described in this final rule, Framework
Amendment 1 specifies the proxy for maximum sustainable yield (MSY
proxy), as well as the maximum fishing mortality threshold (MFMT) and
minimum stock size threshold (MSST) for spiny lobster. Framework
Amendment 1 also specifies the overfishing limits and acceptable
biological catch (ABC) levels for spiny lobster in the 2021-2023
fishing years and in the 2024 and subsequent fishing years for Puerto
Rico, St. Croix, and St. Thomas and St. John. However, as explained
earlier, this final 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 will be 432,501 lb (196,179 kg), 0.197
(F<INF>30</INF><not-eq><INF>SPR</INF>), and 84.8 billion eggs
(0.75*SSB<INF>MFMT</INF>), respectively. The OFL for spiny lobster will
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 will 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 will be 127,742 lb (57,943 kg), 0.203
(F<INF>30</INF><not-eq><INF>SPR</INF>), and 23 billion eggs
(0.75*SSB<INF>MFMT</INF>), respectively. The OFL for spiny lobster will
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 will 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 will be 133,601 lb (60,600 kg), 0.244
(F<INF>30</INF><INF>%<INF>SPR</INF></INF>), and 21.3 billion eggs
(0.75*SSB<INF>MFMT</INF>), respectively. The OFL for spiny lobster will
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 will 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.
Comments and Responses
NMFS received no comments on the proposed rule to implement
management measures described in Framework Amendment 1. Therefore, no
changes were made to this final rule based on public comment.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with Framework Amendment 1, the island-based FMPs, other
provisions of 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 legal basis for this final
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting and record-keeping
requirements are introduced by this final rule. This final rule
contains no information collection requirements under the Paperwork
Reduction Act of 1995. A description of this final rule, why it is
being considered, and the purposes of this final rule are contained in
the SUMMARY and SUPPLEMENTARY INFORMATION sections of 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 action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Caribbean, Fisheries, Fishing, Spiny lobster.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 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 3 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
[[Page 16196]]
that fishing year, as specified in paragraph (c)(1) of this section. 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 3 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) of this
section. 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 paragraphs (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 3 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) of this
section. 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. 2023-04912 Filed 3-15-23; 8:45 am]
BILLING CODE 3510-22-P
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