[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16194-16196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04912]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230306-0066]
RIN 0648-BK71


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and 
St. John; Spiny Lobster Management Measures

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to implement management measures 
described in Framework Amendment 1 under the Fishery Management Plans 
for Puerto Rico, St. Croix, and St. Thomas and St. John (collectively, 
the island-based FMPs) (Framework Amendment 1). For spiny lobster, this 
final rule modifies annual catch limits (ACLs) in the U.S. Caribbean 
exclusive economic zone (EEZ) around Puerto Rico, St. Croix, and St. 
Thomas and St. John. The final rule also revises the accountability 
measure (AM) trigger for spiny lobster in the EEZ around each island 
group. The purpose of this final rule is to update management reference 
points for spiny lobster under the island-based FMPs, consistent with 
the best scientific information available to prevent overfishing and 
achieve optimum yield.

DATES: This final rule is effective on April 15, 2023.

ADDRESSES: An electronic copy of Framework Amendment 1, which includes 
an environmental assessment, a regulatory impact review, and a 
Regulatory Flexibility Act analysis, may be obtained from the Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/generic-framework-amendment-1-modification-spiny-lobster-management-reference-points.

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

SUPPLEMENTARY INFORMATION: The Puerto Rico, St. Croix, and St. Thomas 
and St. John fisheries target spiny lobster, which is managed under 
each island-based FMP. The island-based FMPs were prepared by the 
Caribbean Fishery Management Council (Council) and NMFS. NMFS 
implemented the island-based FMPs through regulations at 50 CFR part 
622 under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Steven Act).
    On December 22, 2022, NMFS published a proposed rule to implement 
management measures described in Framework Amendment 1 and requested 
public comment (87 FR 78625). The proposed rule and Framework Amendment 
1 outline the rationale for the actions contained in this final rule. A 
summary of the management measures described in Framework Amendment 1 
and implemented by this final rule is provided below.
    All weights described in this final rule are in round weight.

Management Measures Contained in This Final Rule

    For spiny lobster, this final rule revises the ACLs in the EEZ 
around Puerto Rico, St. Croix, and St. Thomas and St. John, and the 
sequence of landings data used by NMFS to determine if an AM is 
triggered for, or needs be applied in Federal waters around each island 
group.

Annual Catch Limits

    The ACLs for spiny lobster implemented by this final rule are based 
on stock assessments around each island group completed in 2019 through 
the Southeast Data, Assessment, and Review process (SEDAR 57). The 
SEDAR 57 assessments were reviewed by the Council's Scientific and 
Statistical Committee and determined to be suitable for management 
advice. For spiny lobster around each island group, only commercial 
landings data are collected. Because recreational landings data are not 
available, the ACLs for spiny lobster are based on commercial landings 
and apply to all harvest for the stock, whether commercial or 
recreational.
    For the Puerto Rico FMP, the ACL for spiny lobster will decrease to 
369,313 lb (167,517 kg) for the 2023 fishing year from the previous ACL 
of 527,232 lb (239,148 kg), and then further decrease to 366,965 lb 
(166,452 kg) for the 2024 and subsequent fishing years.
    For the St. Croix FMP, the ACL for spiny lobster will decrease to 
140,667 lb (63,805 kg) for the 2023 fishing year from the previous ACL 
of 197,528 lb (89,597 kg), and then further decrease to 120,830 lb 
(54,807 kg) for the 2024 and subsequent fishing years.
    For the St. Thomas and St. John FMP, the ACL for spiny lobster will 
decrease to 142,636 lb (64,698 kg) for the 2023 fishing year from the 
previous ACL of 209,210 lb (94,892 kg), and then further decrease to 
126,089 lb (57,193 kg) for the 2024 and subsequent fishing years.
    The updated management reference points, including the ACLs, are 
expected to better protect against overfishing of the stock in relation 
to the previous catch limits, thus ensuring, to the greatest extent 
practicable, continued access to the resource in future years.
    NMFS notes that Framework Amendment 1 includes recommended ACLs for 
the 2021 and 2022 fishing years. However, as a result of delays 
associated with the final rule implementing the island-based FMPs, 
which needed to precede this rulemaking, and the time needed by NMFS to 
develop and implement this rulemaking, this final rule does not include 
spiny lobster ACLs for the 2021 and 2022 fishing years.

Accountability Measures

    Under each island-based FMP, the AM for spiny lobster states that 
NMFS compares available landings of spiny lobster to the spiny lobster 
ACL based on a moving multi-year average of landings. In the first year 
following implementation of the island-based FMPs, NMFS compares a 
single year of available landings to the ACL; in the second year 
following implementation, NMFS compares a single year of available 
landings to the ACL; in the third year following implementation, NMFS 
compares a 2-year average of available landings to the ACL; and in

[[Page 16195]]

the fourth year following implementation, NMFS compares a 3-year 
average of available landings to the ACL. Thereafter, NMFS compares a 
progressive running 3-year average of available landings to the ACL. 
NMFS, in consultation with the Council, may deviate from the specific 
time sequences based on data availability.
    Framework Amendment 1 and this final rule revise how NMFS evaluates 
whether landings of spiny lobster around each island group have 
exceeded the ACL and trigger the AM. As described in Framework 
Amendment 1, NMFS will compare the average of the most recent 3 years 
of available spiny lobster landings to the average of the ACLs in 
effect during those same fishing years. An AM may be triggered if the 
average annual landings exceeds the average of the ACLs in effect 
during those same fishing years. The Council determined this process 
would better anticipate changes to the spiny lobster ACLs moving 
forward, following future stock assessments for spiny lobster.
    Framework Amendment 1 also clarifies that if spiny lobster landings 
for a given year are available, but if NMFS has concerns with the data 
reliability, e.g., concerns with expansion factors applied to reported 
landings, then NMFS may use different data years to compare to the ACL 
to determine if the AM has been triggered, consistent with the best 
scientific information available. The process for how NMFS would apply 
the timing of an AM during a fishing year remains as described in each 
of the island-based FMPs and the implementing final rule.
    If NMFS determines that an ACL overage resulted from improved data 
collection or monitoring rather than from increased catch, the AM would 
not be triggered and NMFS would not reduce the length of the fishing 
season for spiny lobster.

Measures in Framework Amendment 1 Not Codified in This Final Rule

    In addition to the ACLs described in this final rule, Framework 
Amendment 1 specifies the proxy for maximum sustainable yield (MSY 
proxy), as well as the maximum fishing mortality threshold (MFMT) and 
minimum stock size threshold (MSST) for spiny lobster. Framework 
Amendment 1 also specifies the overfishing limits and acceptable 
biological catch (ABC) levels for spiny lobster in the 2021-2023 
fishing years and in the 2024 and subsequent fishing years for Puerto 
Rico, St. Croix, and St. Thomas and St. John. However, as explained 
earlier, this final rule does not include spiny lobster management 
reference points for the 2021 and 2022 fishing years.
    For the Puerto Rico FMP, the MSY proxy, MFMT, and MSST for spiny 
lobster will be 432,501 lb (196,179 kg), 0.197 
(F30SPR), and 84.8 billion eggs 
(0.75*SSBMFMT), respectively. The OFL for spiny lobster will 
be 440,803 lb (199,944 kg) for the 2023 fishing year, and then 438,001 
lb (198,673 kg) for the 2024 and subsequent fishing years. The ABC for 
spiny lobster will be 388,750 lb (176,334 kg) for the 2023 fishing 
year, and then 386,279 lb (175,213 kg) for the 2024 and subsequent 
fishing years.
    For the St. Croix FMP, the MSY proxy, MFMT, and MSST for spiny 
lobster will be 127,742 lb (57,943 kg), 0.203 
(F30SPR), and 23 billion eggs 
(0.75*SSBMFMT), respectively. The OFL for spiny lobster will 
be 167,897 lb (76,156 kg) for the 2023 fishing year, and then 144,219 
lb (65,416 kg) for the 2024 and subsequent fishing years. The ABC for 
spiny lobster will be 148,071 lb (67,163 kg) for the 2023 fishing year, 
and then 127,189 lb (57,691 kg) for the 2024 and subsequent fishing 
years.
    For the St. Thomas and St. John FMP, the MSY proxy, MFMT, and MSST 
for spiny lobster will be 133,601 lb (60,600 kg), 0.244 
(F30%SPR), and 21.3 billion eggs 
(0.75*SSBMFMT), respectively. The OFL for spiny lobster will 
be 170,247 lb (77,222 kg) for the 2023 fishing year, and then 150,497 
lb (68,264 kg) for the 2024 and subsequent fishing years. The ABC for 
spiny lobster will be 150,143 lb (68,103 kg) for the 2023 fishing year, 
and then 132,725 lb (60,203 kg) for the 2024 and subsequent fishing 
years.

Comments and Responses

    NMFS received no comments on the proposed rule to implement 
management measures described in Framework Amendment 1. Therefore, no 
changes were made to this final rule based on public comment.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with Framework Amendment 1, the island-based FMPs, other 
provisions of the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal basis for this final 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting and record-keeping 
requirements are introduced by this final rule. This final rule 
contains no information collection requirements under the Paperwork 
Reduction Act of 1995. A description of this final rule, why it is 
being considered, and the purposes of this final rule are contained in 
the SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Caribbean, Fisheries, Fishing, Spiny lobster.

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

    Dated: March 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
622 as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.440, revise paragraph (c) to read as follows:


Sec.  622.440  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (c) Spiny lobster. (1) For the 2023 fishing year, the ACL is 
369,313 lb (167,517 kg), round weight. For the 2024 and subsequent 
fishing years, the ACL is 366,965 lb (166,452 kg), round weight.
    (2) At or near the beginning of the fishing year, NMFS will compare 
a 3 year average of available landings to the average ACLs effective 
during those same years, as described in the FMP. If NMFS estimates 
that average landings have exceeded the average ACLs, the AA will file 
a notification with the Office of the Federal Register to reduce the 
length of the fishing season for spiny lobster within that fishing year 
by the amount necessary to prevent average landings from exceeding the 
ACL for

[[Page 16196]]

that fishing year, as specified in paragraph (c)(1) of this section. If 
NMFS determines that a fishing season reduction is not necessary based 
on the best scientific information available, or if NMFS determines the 
ACL exceedance was due to improved data collection or monitoring rather 
than from increased landings, NMFS will not reduce the length of the 
fishing season. Any fishing season reduction required under this 
paragraph (c)(2) will be applied starting from September 30 and moving 
earlier toward the beginning of the fishing year. If the length of the 
required fishing season reduction exceeds the time period of January 1 
through September 30, any additional fishing season reduction will be 
applied starting from October 1 and moving later toward the end of the 
fishing year.
* * * * *

0
3. In Sec.  622.480, revise paragraph (c) to read as follows:


Sec.  622.480  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (c) Spiny lobster. (1) For the 2023 fishing year, the ACL is 
140,667 lb (63,805 kg), round weight. For the 2024 and subsequent 
fishing years, the ACL is 120,830 lb (54,807 kg), round weight.
    (2) At or near the beginning of the fishing year, NMFS will compare 
a 3 year average of available landings to the average ACLs effective 
during those same years, as described in the FMP. If NMFS estimates 
that average landings have exceeded the average ACLs, the AA will file 
a notification with the Office of the Federal Register to reduce the 
length of the fishing season for spiny lobster within that fishing year 
by the amount necessary to prevent average landings from exceeding the 
ACL for that fishing year, as specified in paragraph (c)(1) of this 
section. If NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available, or if 
NMFS determines the ACL exceedance was due to improved data collection 
or monitoring rather than from increased landings, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
* * * * *

0
4. In Sec.  622.515, revise paragraphs (c) to read as follows:


Sec.  622.515  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (c) Spiny lobster. (1) For the 2023 fishing year, the ACL is 
142,636 lb (64,698 kg), round weight. For the 2024 and subsequent 
fishing years, the ACL is 126,089 lb (57,193 kg), round weight.
    (2) At or near the beginning of the fishing year, NMFS will compare 
a 3 year average of available landings to the average ACLs effective 
during those same years, as described in the FMP. If NMFS estimates 
that average landings have exceeded the average ACLs, the AA will file 
a notification with the Office of the Federal Register to reduce the 
length of the fishing season for spiny lobster within that fishing year 
by the amount necessary to prevent average landings from exceeding the 
ACL for that fishing year, as specified in paragraph (c)(1) of this 
section. If NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available, or if 
NMFS determines the ACL exceedance was due to improved data collection 
or monitoring rather than from increased landings, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
* * * * *
[FR Doc. 2023-04912 Filed 3-15-23; 8:45 am]
BILLING CODE 3510-22-P