[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Proposed Rules]
[Pages 25116-25117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10248]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 640

RIN 0648-BB44


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; 
Amendment 11

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS announces that the Gulf of Mexico and South Atlantic 
Fishery Management Councils (Councils) have submitted Amendment 11 to 
the Fishery Management Plan for the Spiny Lobster Fishery of the Gulf 
of Mexico and South Atlantic (FMP) for review, approval, and 
implementation by NMFS. Amendment 11 proposes to limit spiny lobster 
fishing using trap gear in certain areas in the exclusive economic zone 
off the Florida Keys to protect threatened species of corals.

DATES: Written comments must be received on or before June 26, 2012.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2011-0223'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
``Instructions'' for submitting comments.
     Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: 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. NMFS will accept 
anonymous comments (enter N/A in the required field if you wish to 
remain anonymous).
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2011-0223'' in the search field 
and click on ``search.'' After you locate the document ``Fisheries of 
the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster 
Fishery of the Gulf of Mexico and South Atlantic; Amendment 11,'' click 
the ``Submit a Comment'' link in that row. This will display the 
comment web form. You can then enter your submitter information (unless 
you prefer to remain anonymous), and type your comment on the web form. 
You can also attach additional files (up to 10MB) in Microsoft Word, 
Excel, WordPerfect, or Adobe PDF file formats only.
    Comments received through means not specified in this notice will 
not be considered.
    For further assistance with submitting a comment, see the 
``Commenting'' section at http://www.regulations.gov/#!faqs or the Help 
section at http://www.regulations.gov.
    Electronic copies of Amendment 11 may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The spiny lobster fishery of the Gulf of 
Mexico (Gulf) and the South Atlantic is managed under the FMP. The FMP 
was prepared by the Councils and implemented through regulations at 50 
CFR parts 622 and 640 under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    As required under the Endangered Species Act (ESA), NMFS completed 
a formal consultation, and resulting biological opinion, on the 
continued authorization of the Gulf of Mexico and South Atlantic spiny 
lobster fishery in 2009 (http://sero.nmfs.noaa.gov/pr/esa/Fishery%20Biops/Final%20SL%20BO.pdf). The biological opinion contained 
specific terms and conditions required to implement the prescribed 
reasonable and prudent measures (RPMs), including creation of new or 
expansion of existing closed areas to protect coral and implementation 
of trap line-marking requirements. These actions were originally 
included in Amendment 10 to the FMP; however, the Councils chose to 
take no action in Amendment 10 to the FMP to allow for additional 
stakeholder input into the development of any potential areas closed to 
spiny lobster harvest and trap line-marking requirments.

Actions Contained in Amendment 11

    Amendment 11 considered actions to prohibit spiny lobster trap 
fishing in designated areas in the Florida Keys to protect threatened 
Acropora species of coral and to require markings on lobster trap lines 
unique to the spiny lobster fishery.

Lobster Trap Gear Closed Areas

    The ESA requires analyses to determine whether, and to what extent, 
fishing operations impact threatened species such as threatened 
staghorn and elkhorn corals. The 2009 biological opinion on the spiny 
lobster fishery requires NMFS and the Councils to work together to 
protect areas of staghorn and elkhorn coral. RPMs included expansion of 
existing or creation of new areas closed to lobster trap fishing where 
colonies of these threatened coral species are present.
    Staff from the Councils and NMFS worked with various stakeholders 
to develop the proposed lobster trap gear closed areas. Areas were 
chosen to protect colonies with high conservation value and areas of 
high coral density. Lobster trap fishing would be prohibited in the 
proposed closed areas. The 60 proposed closed areas would cover 5.9 mi 
\2\ (15.3 km \2\) and are distributed throughout the Florida Keys.

Spiny Lobster Trap Line Markings

    As described in Amendment 11, trap lines or rope are consistently 
found as marine debris and most frequently recovered without the buoys 
or traps still attached. These conditions cause significant difficulty 
for NMFS and other agencies when determining if line found in the 
environment, or entangling protected species, originated from the spiny 
lobster trap fishery. Trap line marking requirements are intended to 
allow greater accuracy in identifying fishery interaction impacts to 
benthic habitats and protected species by leading to more targeted 
measures to reduce the level and severity of those impacts. However, 
costs and labor for the spiny lobster fishery to mark their lobster 
trap gear could be high, with little evidence of the durability of the 
markings. The Florida Fish and Wildlife Conservation Commission is 
currently conducting a study of various methods

[[Page 25117]]

for marking lobster trap lines that should be completed during 2013. 
The Councils intend to revisit the spiny lobster trap gear marking 
issue when the results of that study are available. The biological 
opinion, as amended, requires implementation of the terms and 
conditions regarding lobster trap line marking by August 6, 2017.

Proposed Rule for Amendment 11

    A proposed rule that would implement measures outlined in Amendment 
11 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS 
is evaluating the proposed rule to determine whether it is consistent 
with the FMP, 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.

Consideration of Public Comments

    The Councils submitted Amendment 11 for Secretarial review, 
approval, and implementation on April 05, 2012. NMFS' decision to 
approve, partially approve, or disapprove Amendment 11 will be based, 
in part, on consideration of comments, recommendations, and information 
received during the comment period on this notice of availability.
    Public comments received on or before June 26, 2012, will be 
considered by NMFS in its decision to approve, partially approve, or 
disapprove Amendment 11. All comments received by NMFS on Amendment 11 
or the proposed rule for Amendment 11 during their respective comment 
periods will be addressed in a final rule.

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

    Dated: April 24, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-10248 Filed 4-26-12; 8:45 am]
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