[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11843-11844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5466]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AY72


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendment 10 to the Fishery Management Plan for Spiny Lobster Resources 
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 (NOI) to prepare an environmental impact 
statement (EIS); request for comments.

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SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of 
Mexico and South Atlantic Fishery Management Councils (Councils) 
intends to prepare an EIS to describe and analyze a range of 
alternatives for management actions to be included in an amendment to 
the Fishery Management Plan for the Spiny Lobster Resources of the Gulf 
of Mexico and South Atlantic (FMP). These alternatives will consider 
measures to set annual catch limits (ACLs) and accountability measures 
(AMs) for Caribbean spiny lobster; delegate management of Caribbean 
spiny lobster to Florida; remove from the FMP or reclassify several 
other species of lobster currently in the FMP; establish sector 
allocations; redefine biological reference points; update the framework 
process; and set other management measures. The purpose of this NOI is 
to solicit public comments on the scope of issues to be addressed in 
the EIS.

DATES: Written comments on the scope of issues to be addressed in the 
EIS must be received by NMFS by April 12, 2010.

ADDRESSES: You may submit comments, identified by RIN 0648-AY72, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov
     Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701
    Instructions: No comments will be posted for public viewing until 
after the comment period is over. All comments received are a part of 
the public record and will All comments received are a part of the 
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information. 
Comments should apply to the control date as an eligibility requirement 
for a catch share program, not the catch share program itself.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2010-0044'' in the keyword 
search, then select ``Send a Comment or Submission.'' NMFS will accept 
anonymous comments (enter N/A in the required fields, if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart; phone: (727) 824-5305.

SUPPLEMENTARY INFORMATION: In 2006, the Magnuson-Stevens Fishery 
Conservation and Management Act was re-authorized and included a number 
of

[[Page 11844]]

changes to improve conservation of managed fishery resources. Included 
in these changes are requirements that the Regional Councils establish 
both a mechanism for specifying ACLs at a level such that overfishing 
does not occur in a fishery and AMs to correct if overages occur. This 
EIS would analyze actions to set initial ACLs and AMs for Caribbean 
spiny lobster and possibly other lobster species in the fishery 
management unit.
    The highest landings and most Federal regulations are for the 
Caribbean spiny lobster (Panulirus argus). One action under 
consideration would delegate some Caribbean spiny lobster regulations 
(e.g., bag/possession limits and size limits) to the Florida Fish and 
Wildlife Conservation Commission (FWC). If regulations under the FMP 
are delegated to Florida FWC, NMFS and the Councils would still need to 
meet the ACL and AM requirements of the Magnuson-Stevens Act.
    Four other species of lobster are within the FMP: the smoothtail 
spiny lobster (Panulirus laevicaus), the spotted spiny lobster 
(Panulirus guttatus), the Spanish slipper lobster (Scyllarides 
aequinoctialis), and the ridged slipper lobster (Scyllarides nodifer). 
Only the ridged slipper lobster is specified in the regulations; the 
other species are in the management unit for data collection purposes 
only. Because landings information is scarce and incomplete, setting 
ACLs would be difficult for these species. The Councils could list 
these four species as ecosystem components or remove them from the FMP; 
in either case, ACLs and AMs would not be required.
    Current definitions of maximum sustainable yield (MSY), optimum 
yield (OY), overfishing, and overfished were set for Caribbean spiny 
lobster in Amendment 6 to the FMP. Currently, the Gulf of Mexico and 
South Atlantic Councils have different definitions for each biological 
reference point. The Councils may modify these definitions based on the 
results of an upcoming stock assessment and the recommendation of the 
Council Scientific and Statistical Committees. A single definition for 
each biological reference point that could be used by both Councils 
would simplify management.
    The implementation process for a plan amendment can take over a 
year from initial scoping to final implementation. Framework procedures 
provide a mechanism for timelier implementation of routine actions such 
as setting ACLs, and a guideline for implementing such actions in a 
consistent manner. The Spiny Lobster FMP framework procedure was set in 
Amendment 2 to the FMP and allows changes to be made to gear and 
harvest restrictions. Revision of the current framework procedure would 
allow adjustments to ACLs and catch targets. Amendment 2 also contains 
a process for the State of Florida to propose modifications to 
regulations. This process is now outdated and needs to be updated.
    Two current Federal regulations may be causing detrimental impacts 
to the resource as well as creating enforcement problems. First, under 
certain situations and with a Federal tailing permit, Caribbean spiny 
lobster tails may be separated from the body onboard a fishing vessel. 
This allowance creates difficulties for law enforcement in determining 
if prohibited gear, such as hooks and spears were used to harvest the 
resource. Second, up to 50 Caribbean spiny lobsters under the minimum 
size limit may be retained aboard a vessel provided they are held in a 
live well aboard a vessel. When in a trap, such juveniles or ``short'' 
lobsters are used to attract other lobsters for harvest. This 
regulation increases the fishing mortality on juvenile lobsters and may 
facilitate their illegal trade. The Councils are considering modifying 
or repealing these two regulations.
    On August 27, 2009, an Endangered Species Act (ESA) biological 
opinion evaluating the impacts of the continued authorization of the 
spiny lobster fishery on ESA-listed species was completed. The opinion 
prescribed non-discretionary reasonable and prudent measures (RPMs), to 
help minimize the impacts of takes by the spiny lobster fishery. 
Specific terms and conditions required to implement the prescribed RPMs 
include: Creating new or expanding existing closed areas to protect 
coral, allowing the public to remove trap-related marine debris, and 
implementing trap line-marking requirements. The Councils are 
considering alternatives to meet these requirements.
    NMFS, in collaboration with the Councils, will develop an EIS to 
describe and analyze management alternatives to address the management 
needs described above. Those alternatives will include a ``no action'' 
alternative regarding each action.
    In accordance with NOAA's Administrative Order 216-6, Section 
5.02(c), Scoping Process, NMFS, in collaboration with the Councils, has 
identified preliminary environmental issues as a means to initiate 
discussion for scoping purposes only. These preliminary issues may not 
represent the full range of issues that eventually will be evaluated in 
the EIS.
    Copies of an information packet will be available from NMFS (see 
ADDRESSES).
    After the draft EIS associated with Amendment 10 is completed, it 
will be filed 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 draft EIS 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.
    NMFS will consider public comments received on the draft EIS in 
developing the final EIS and before adopting final management measures 
for the amendment. NMFS will submit both the final amendment and the 
supporting EIS to the Secretary of Commerce (Secretary) for review as 
per the Magnuson-Stevens Act.
    NMFS will announce, through a notice published in the Federal 
Register, the availability of the final amendment for public review 
during the Department of Commerce Secretarial review period. During 
Secretarial review, NMFS will also file the final EIS with the EPA and 
the EPA will publish a notice of availability for the final EIS in the 
Federal Register. 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 amendment.
    NMFS will announce, through a document published in the Federal 
Register, all public comment periods on the final amendment, its 
proposed implementing regulations, and the availability of its 
associated final EIS. NMFS will consider all public comments received 
during the Secretarial review period, whether they are on the final 
amendment, the proposed regulations, or the final EIS, prior to final 
agency action.

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

    Dated: March 5, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-5466 Filed 3-11-10; 8:45 am]
BILLING CODE 3510-22-S