[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12573-12574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05969]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BI11


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; 
Amendment 13

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: The Gulf of Mexico (Gulf) and South Atlantic Fishery 
Management Councils (Councils) have submitted Amendment 13 to the 
Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and 
South Atlantic (FMP), for review, approval, and implementation by NMFS. 
Amendment 13 would modify the applicable Federal regulations for the 
harvest of spiny lobster in the exclusive economic zone (EEZ) off 
Florida to be compatible with Florida regulations, and would re-
establish a procedure for an enhanced cooperative management with 
Florida. The purpose of Amendment 13 is to more effectively manage and 
enforce the harvest of spiny lobster.

DATES: Written comments on Amendment 13 must be received on or before 
June 3, 2019.

ADDRESSES: You may submit comments on Amendment 13, identified by 
``NOAA-NMFS-2018-0088'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0088, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Susan Gerhart, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
     Instructions: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by NMFS. All comments received are a part 
of the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Amendment 13 may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-13-modifications-spiny-lobster-gear-requirements-and-cooperative-management. Amendment 13 includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, Southeast Regional 
Office, NMFS, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or amendment to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    The FMP being revised by Amendment 13 was prepared by the Councils 
and implemented by NMFS through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Act.

Background

    In the Gulf and South Atlantic, spiny lobster are harvested 
primarily off the coast of Florida. The original FMP, implemented in 
1982, largely complemented Florida's management regime and provided 
protection for the fishery throughout its range in the Gulf and the 
South Atlantic (47 FR 29202; July 2, 1982). The FMP adopted many of the 
management measures implemented by Florida to achieve its conservation 
and management objectives and effectively coordinate management with 
Florida. However, it was difficult to keep Federal regulations 
consistent with changing state regulations because Florida can adjust 
its management measures more quickly than the Councils and NMFS can 
change Federal regulations. As a result, NMFS and the Councils 
developed Amendment 2 to the FMP (54 FR 48059; November 20, 1989), 
which established a procedure to allow Florida to directly propose to 
NMFS its state spiny lobster regulations for subsequent implementation 
in the EEZ off Florida. That procedure was developed to provide a more 
timely regulatory mechanism to implement compatible regulations and a 
more formal process for state and Federal coordination.
    In 2017, representatives from the Florida Fish and Wildlife 
Conservation Commission contacted the NMFS Southeast Regional Office 
requesting that Federal regulations be aligned with Florida state 
regulations concerning requirements for spiny lobster bully net gear 
and for daily commercial possession limits of spiny lobster harvested 
by bully net or diving. However, NMFS determined that the previously 
established cooperative management procedure for the spiny lobster 
protocol established in Amendment 2 was removed in Amendment 10 to the 
FMP (76 FR 75488; December 2, 2011). Consequently, there is no 
procedure to implement regulations proposed by Florida without a plan 
amendment or framework to the FMP developed by the Council. These more 
lengthy processes are inconsistent with promoting compatible 
regulations for the fishery off Florida.

Actions Contained in Amendment 13

    Amendment 13 includes measures to modify the Federal regulations 
for the harvest of spiny lobster that apply in the EEZ off Florida to 
be compatible with Florida regulations concerning bully net gear 
requirements and commercial daily possession limits when using bully 
nets or diving. These changes include updating the incorporations by 
reference to the Florida regulations, as appropriate. Amendment 13 
would also re-establish a procedure for an enhanced cooperative 
management system to provide the state of Florida with a mechanism to 
propose spiny lobster regulations directly to NMFS for implementation, 
without a full amendment or framework action to the FMP.

Florida Bully Net Permit and Gear Marking Requirements and Prohibitions

    In 2017, Florida implemented a bully net permit, gear marking 
requirements, and gear prohibitions. There is limited information as to 
how much spiny lobster bully netting effort occurs in the Federal 
waters off Florida. However, stakeholders have expressed concerns that 
spiny lobster bully net vessels are

[[Page 12574]]

used to disguise unlawful activities and that there are growing 
conflicts between recreational bully netters and commercial bully 
netters. Amendment 13 proposes to align Federal and Florida regulations 
to address these concerns. In addition, consistency between Florida and 
Federal regulations is expected to improve enforcement and reduce 
potential confusion among fishers.
    Amendment 13 would require commercial bully net vessels in the EEZ 
off Florida to have a bully net permit from Florida, require that the 
vessel be marked with the harvester's Florida bully net permit number 
using reflective paint or other reflective material, prohibit 
commercial bully net vessels from having trap pullers onboard, and 
prohibit the simultaneous possession of a bully net and any underwater 
breathing apparatus (not including dive masks or snorkels) onboard a 
vessel used to harvest or transport spiny lobster for commercial 
purposes.

Commercial Spiny Lobster Bully Net and Diving Trip Limits

    The Federal regulations do not include an express commercial daily 
vessel harvest and possession limit for spiny lobster harvested by 
bully net or diving. However, current Federal regulations require 
commercial spiny lobster harvesters in the EEZ off Florida to have the 
licenses and certificates specified to be a ``commercial harvester,'' 
as defined in Florida's regulations as of 2008. The 2008 version of 
``commercial harvester'' included a person holding the appropriate 
licenses and certificates for traps and dive gear.
    Amendment 13 would incorporate by reference the most recent Florida 
regulations, which define a commercial harvester as a person who holds 
a valid saltwater products license with a restricted species 
endorsement issued by the Florida Fish and Wildlife Conservation 
Commission (FWC) and (1) a valid crawfish license or trap number and 
lobster trap certificates, if traps are used to harvest spiny lobster; 
(2) a valid commercial dive permit if harvest is by diving; or (3) a 
valid bully net permit if harvest is by bully net. Under Florida's 
regulations, commercial harvesters are restricted to the commercial 
harvest limits when bully net gear or dive gear is used. Therefore, 
bully net and dive fishermen would be restricted to the state bag limit 
regardless where the spiny lobster are harvested. However, to make the 
requirements in the EEZ off Florida more clear, Amendment 13 would add 
an express commercial vessel limit of 250 spiny lobster per vessel per 
day for spiny lobster harvested by bully net off all Florida counties 
and harvested by diving off Broward, Dade, Monroe, Collier, and Lee 
Counties, Florida.

Establish an Enhanced Cooperative Management Procedure for Federal and 
Florida State Agencies

    The procedure for the protocol, as last modified in Amendment 2 to 
the FMP, provided NMFS the flexibility to respond quickly to changes in 
the spiny lobster fishery by allowing Florida to propose its spiny 
lobster regulations directly to NMFS for implementation in the EEZ off 
Florida. The procedure was removed in 2012 when Amendment 10 to the FMP 
established a new framework procedure (76 FR 75488; December 2, 2011). 
Without the procedure, Florida cannot propose rules directly to NMFS, 
limiting the ability to implement consistent regulations in a timely 
manner.
    Amendment 13 would re-establish a procedure for an enhanced 
cooperative management system to provide Florida with a mechanism to 
propose regulations concerning spiny lobster directly to NMFS for 
implementation.

Proposed Rule for Amendment 13

    A proposed rule that would implement Amendment 13 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 laws. 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 have submitted Amendment 13 for Secretarial review, 
approval, and implementation. Comments on Amendment 13 must be received 
by June 3, 2019. Comments received during the respective comment 
periods, whether specifically directed to Amendment 13 or the proposed 
rule, will be considered by NMFS in its decision to approve, partially 
approve, or disapprove Amendment 13. Comments received after the 
comment periods will not be considered by NMFS in this decision. All 
comments received by NMFS on Amendment 13 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: March 25, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-05969 Filed 4-1-19; 8:45 am]
 BILLING CODE 3510-22-P