[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Notices]
[Pages 58648-58649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5107]



[[Page 58648]]

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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 of the Gulf of Mexico and 
South Atlantic

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

ACTION: Notice of intent to prepare a draft environmental impact 
statement (DEIS); scoping meetings; request for comments.

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SUMMARY: The Caribbean Fishery Management Council (Caribbean 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 Caribbean Council by November 15, 2007. A 
series of scoping meetings will be held in October 2007. See 
SUPPLEMENTARY INFORMATION for the specific dates, times, and locations 
of the scoping meetings.

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; 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 (Panulirus argus) in the 
Southeast Region is managed under a Caribbean Council FMP and a joint 
Gulf of Mexico and South Atlantic Council FMP. All three Southeast 
fishery management 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 Council has expressed intent to amend its Spiny 
Lobster FMP to consider application of a minimum size limit on imported 
spiny lobster. NMFS believes amendment of the Gulf of Mexico and South 
Atlantic Spiny Lobster FMP should be addressed concurrently. After 
conferring with the Gulf of Mexico and South Atlantic Councils, 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 Panulirus argus, and based on that 
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 Caribbean Council. Similarly, the Gulf of Mexico and South Atlantic 
Councils 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 Caribbean 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.

Scoping Meeting Dates, Times, and Locations

    All scoping meetings are scheduled to be held from 7 p.m. to 10 
p.m. The meetings will be physically accessible to people with 
disabilities. Request for sign language interpretation or other 
auxiliary aids should be directed to the Caribbean Council (see 
ADDRESSES).

[[Page 58649]]

    October 16--Windward Passage Hotel, Charlotte Amalie, St. Thomas, 
USVI.
    October 17--Buccaneer Hotel, Christiansted, St Croix, USVI.
    October 23--Pierre Hotel, De Diego Avenue, San Juan, PR.
    October 24--Ponce Golf and Casino Resort, 1150 Caribe Avenue, 
Ponce, PR.
    October 25--Mayaguez Holiday Inn, 2701 Highway 2, 
Mayaguez, PR.

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

    Dated: October 11, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-5107 Filed 10-11-07; 4:13 pm]
BILLING CODE 3510-22-P