[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Proposed Rules]
[Pages 61015-61016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24484]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-AV61


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Spiny Lobster (Panulirus argus) Resources of the Caribbean, Gulf of 
Mexico, and South Atlantic; Minimum Conservation Standards for Imported 
Spiny Lobster

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

ACTION: Announcement of availability of fishery management plan 
amendments; request for comments.

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SUMMARY: NMFS announces the availability of Amendment 4 to the Spiny 
Lobster Fishery Management Plan (FMP) of Puerto Rico and the U.S. 
Virgin Islands and Amendment 8 to the Joint Spiny Lobster FMP of the 
Gulf of Mexico and South Atlantic prepared by the Caribbean, South 
Atlantic, and Gulf of Mexico Fishery Management Councils (Councils). 
Amendments 4 and 8 would establish minimum conservation standards for 
imported spiny lobster. The intended effect of Amendments 4 and 8 is to 
eliminate the primary market for lobster that do not meet the minimum 
size limit or mean size at sexual maturity, which is expected to result 
in a reduction in the foreign harvest of these undersized animals and 
increase the spawning stock biomass and long-term potential yield 
within the pan-Caribbean spiny lobster fishery.

DATES: Written comments must be received no later than 5 p.m., eastern 
time, on December 15, 2008.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the subject 
line the following document identifier: 0648-AV61-NOA.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Jason Rueter, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308, Attention: Jason Rueter.
    Copies of Amendments 4 and 8, which include an Environmental Impact 
Statement, a Regulatory Impact Review (RIR), and an Initial Regulatory 
Flexibility Analysis are available from NMFS Southeast Regional Office, 
263 13th Avenue South, St Petersburg, FL 33701; e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jason Rueter, 727-824-5305; fax 727-
824-5308; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The United States is a major importer of 
spiny lobster, importing over 88,000 tons (over 194 million lbs) over 
the past 10 years, worth an estimated $2.27 billion dollars. The United 
States imports over 90 percent of the spiny lobster harvested in South 
and Central America and the Caribbean countries. Some of the exporting 
countries have minimum size limits, but other countries do not. As a 
result, some of the imported product is legally harvested, but the 
majority of the undersized product is illegally harvested in the 
exporting countries. The major exporters to the United States are the 
Bahamas, Brazil, Honduras, and Nicaragua. All of these exporting 
countries have some form of minimum size requirement, but the 
requirements are variable and enforcement is severely lacking. 
Therefore, NOAA Fisheries Service in coordination with the Caribbean, 
South Atlantic, and Gulf of Mexico Fishery Management Councils is 
considering minimum conservation standards on imports to curtail the 
flow of imported undersized lobster harvested in foreign countries. The 
pan-Caribbean spiny lobster stock is considered to be fully exploited 
or over-exploited in much of its range. Therefore, additional 
restrictions on the harvest of animals below the mean size at sexual 
maturity (i.e., undersized animals) would greatly benefit the stock. 
Eliminating the primary market for undersized lobster is expected to 
result in a reduction in the foreign harvest of undersized animals and 
increase the spawning stock biomass and long-term potential yield 
within the pan-Caribbean spiny lobster fishery.
    A proposed rule that would implement the measures outlined in 
Amendments 4 and 8 has been received from the Councils. In accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), NMFS is evaluating the proposed rule to 
determine whether it is consistent with the FMPs, the Magnuson-Stevens 
Act, and other applicable law. If that determination is affirmative, 
NMFS will publish the proposed rule in the Federal Register for public 
review and comment.
    Comments received by December 15, 2008 whether specifically 
directed to the Amendments 4 and 8 or the

[[Page 61016]]

proposed rule, will be considered by NMFS in its decision to approve, 
disapprove, or partially approve the amendments. Comments received 
after that date will not be considered by NMFS in this decision. All 
comments received by NMFS on the amendments or the proposed rule during 
their respective comment periods will be addressed in the final rule.

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

    Dated: October 9, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-24484 Filed 10-14-08; 8:45 am]
BILLING CODE 3510-22-S