[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Pages 41063-41064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14451]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AV61


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment 3 to the Fishery Management Plan for the Spiny Lobster 
Fishery of the Caribbean and Amendment 5 to the Joint Fishery 
Management Plan for the Spiny Lobster Fishery Gulf of Mexico and South 
Atlantic

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 41064]]

Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice of intent to prepare a draft environmental impact 
statement (DEIS).

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SUMMARY:  The Caribbean Fishery Management Council (Council) intends to 
prepare a DEIS to describe and analyze management alternatives to be 
included in an amendment to the Fishery Management Plan (FMP) for the 
Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands and 
the FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South 
Atlantic. These alternatives will consider measures to implement a 
minimum import size on spiny lobster. The purpose of this notice of 
intent is to solicit public comments on the scope of issues to be 
addressed in the DEIS.

DATES:  Written comments on the scope of issues to be addressed in the 
DEIS must be received by the Council by August 27, 2007. A series of 
scoping meetings will be held in September, 2007.

ADDRESSES:  Written comments on the scope of the DEIS and requests for 
additional information on the amendment should be sent to the Caribbean 
Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San 
Juan, Puerto Rico 00918-25772203; telephone: 787-766-5927; fax: 787-
766-6239. Comments may also be sent by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Graciela Garcia-Moliner; phone: 787-
766-5927; fax: 787-766-6239; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Spiny Lobster (Paniluris argus)in the 
Southeast Region is managed under a Caribbean FMP and a joint Gulf of 
Mexico and South Atlantic FMP. All three Southeast fishery mangement 
councils have expressed concern recently about the effects of imports 
of spiny lobster that are smaller than the size limits in the U.S. 
spiny lobster FMPs. In many instances, imports are also undersized 
based on size limits established in the country of origin. Many 
Caribbean and Central and South American nations share these concerns, 
and scientific evidence suggests that larvae from one area or region 
within this species' range may contribute to stock recruitment in other 
areas or regions.
    The Caribbean Fishery Management Council has expressed intent to 
amend its Spiny Lobster FMP to consider application of a minimum size 
limit on imported spiny lobster. NOAA Fisheries believes amendment of 
the Gulf and South Atlantic Spiny Lobster FMP should be addressed 
concurrently. After conferring with the Gulf of Mexico Fishery 
Management Council and South Atlantic Fishery Management Council, the 
Caribbean Council was designated as the administrative lead to address 
spiny lobster issues. Thus, the Caribbean Council will prepare one 
document, which contains an amendment to the Caribbean Spiny Lobster 
FMP and also an amendment to the Gulf and South Atlantic Spiny Lobster 
FMP.
    The Caribbean Council will develop a DEIS to describe and analyze 
management alternatives to implement a minimum size limit on imported 
spiny lobster. The amendment will provide updates to the best available 
scientific information regarding Paniluris argus, and based on the 
information, the Councils will determine what actions and alternatives 
are necessary to protect spiny lobster throughout its range. Those 
alternatives may include, but are not limited to: a ``no action'' 
alternative regarding the fishery; alternatives to restrict the minimum 
import size based on carapace length; alternatives to restrict the 
minimum import size based on tail length; and alternatives to restrict 
the importation of meat, which is not whole lobster or tailed lobster.
    In accordance with NOAA's Administrative Order NAO 216-6, Section 
5.02(c), the Caribbean Council has identified this preliminary range of 
alternatives as a means to initiate discussion for scoping purposes 
only. This may not represent the full range of alternatives that 
eventually will be evaluated by the Caribbean Council.
    Once the Caribbean Council completes the DEIS associated with the 
amendment to the Spiny Lobster Fishery of the Caribbean, it must be 
approved by a majority of the voting members, present and voting, of 
the Carribean Council. Similarly, the Gulf and South Atlantic Spiny 
Lobster FMP amendment and associated DEIS must be approved by those 
Councils. After the Councils approve this document, the DEIS will be 
submitted to NMFS for filing with the Environmental Protection Agency 
(EPA). The EPA will publish a notice of availability of the DEIS for 
public comment in the Federal Register. The DEIS will have a 45-day 
comment period. This procedure is pursuant to regulations issued by the 
Council on Environmental Quality (CEQ) for implementing the procedural 
provisions of the National Environmental Policy Act (NEPA; 40 CFR parts 
1500-1508) and to NOAA's Administrative Order 216-6 regarding NOAA's 
compliance with NEPA and the CEQ regulations.
    The Councils will consider public comments received on the DEIS in 
developing the final environmental impact statement (FEIS) and before 
adopting final management measures for the amendment. The Councils will 
submit both the final joint amendment and the supporting FEIS to NMFS 
for review by the Secretary of Commerce (Secretary) under the Magnuson-
Stevens Fishery Conservation and Management Act.
    NMFS will announce, through a notice published in the Federal 
Register, the availability of the final joint amendment for public 
review during the Secretarial review period. During Secretarial review, 
NMFS will also file the FEIS with the EPA for a final 30-day public 
comment period. This comment period will be concurrent with the 
Secretarial review period and will end prior to final agency action to 
approve, disapprove, or partially approve the final joint amendment.
    NMFS will announce, through a notice published in the Federal 
Register, all public comment periods on the final joint amendment, its 
proposed implementing regulations, and its associated FEIS. NMFS will 
consider all public comments received during the Secretarial review 
period, whether they are on the final amendment, the proposed 
regulations, or the FEIS, prior to final agency action.

    Dated: July 20, 2007.
Emily Menashes,
Acting Director, Office Of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-14451 Filed 7-25-07; 8:45 am]
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