[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34168-34170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240424-0118]
RIN 0648-BM63


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and 
St. John; Framework Amendment 2

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in Framework Amendment 2 to each of the Puerto Rico, St. 
Croix, and St. Thomas and St. John Fishery Management Plans (FMPs). 
This final rule modifies annual catch limits (ACLs) for spiny lobster 
in the U.S. Caribbean exclusive economic zone (EEZ) around Puerto Rico, 
St. Croix, and St. Thomas and St. John. The purpose of this final rule 
is to update management reference points for spiny lobster under the 
FMPs, consistent with the best scientific information available to 
prevent overfishing and achieve optimum yield (OY).

DATES: This final rule is effective on May 30, 2024.

ADDRESSES: An electronic copy of Framework Amendment 2, 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-2-updates-spiny-lobster-overfishing-limit-acceptable-biological.

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

SUPPLEMENTARY INFORMATION: The Puerto Rico, St. Croix, and St. Thomas 
and St. John fisheries target spiny lobster, and are managed under 
their respective FMPs. The FMPs were prepared by the Caribbean Fishery 
Management Council (Council) and NMFS. NMFS implements the FMPs through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On January 31, 2024, NMFS published a proposed rule to implement 
management measures described in Framework Amendment 2 and requested 
public comment (89 FR 6085). The proposed rule and Framework Amendment 
2 describe the rationale for the actions contained in this final rule. 
A summary of the management measures described in Framework Amendment 2 
and implemented by this final rule is provided below.
    All weights described in this final rule are in round weight.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the OY from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the Nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems.
    For Puerto Rico and the U.S. Virgin Islands, NMFS, with the advice 
of the Council, manages fisheries under the Puerto Rico, St. Croix, and 
St. Thomas and St. John FMPs. The FMPs contain management measures 
applicable for Federal waters off the respective island group. Federal 
waters around Puerto Rico extend seaward from 9 nautical miles [nmi; 
16.7 kilometers (km)] from shore to the offshore boundary of the EEZ. 
Federal waters around St. Croix, and St. Thomas and St. John extend 
seaward from 3 nmi (5.6 km) from shore to the offshore boundary of the 
EEZ.
    For spiny lobster in the U.S. Caribbean EEZ, 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.
    In 2019, the Southeast Data, Assessment, and Review (SEDAR) 
completed three separate assessments for spiny lobster for the Puerto 
Rico, St. Croix, and St. Thomas and St. John management areas (SEDAR 
57). In response to SEDAR 57 and recommendations from their Scientific 
and Statistical Committee (SSC), the Council prepared Framework 
Amendment 1 to the FMPs to update the overfishing limits (OFLs), 
acceptable biological catch (ABCs), ACLs, and accountability measures 
(AMs) for spiny lobster. NMFS published the final rule that implemented 
Framework Amendment 1 on March 16, 2023 (88 FR 16194).
    After NMFS implemented the final rule for Framework Amendment 1, 
the Council requested that the NMFS Southeast Fisheries Science Center 
(SEFSC) conduct an update to SEDAR 57 to provide OFL and ABC estimates 
for spiny lobster for each island group for 2024 to 2026, which were 
not included in SEDAR 57. The SEFSC presented results of the 2022 
Update Assessment to SEDAR 57 (SEDAR 57 Update) to the Council's SSC at 
its November-December 2022 meeting. The SSC accepted the SEDAR 57 
Update and OFLs and ABCs for spiny lobster under each FMP.
    Consistent with the SEDAR 57 Update, and recommendations from the 
SSC, the Council developed Framework Amendment 2 to prevent overfishing 
of spiny lobster and achieve OY for each stock, consistent with the 
requirements of the Magnuson-Stevens Act. For each FMP, the Council 
recommended ACLs for spiny lobster equal to 95 percent of the ABCs 
recommended by the SSC, which reflects the Council's management 
uncertainty buffer.

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 based on the 
SEDAR 57 Update.
    For the EEZ around Puerto Rico, the ACL for spiny lobster will 
decrease from the current ACL of 366,965 pounds (lb) or 166,452 
kilograms (kg) to 357,629 lb (162,218 kg).
    For the EEZ around St. Croix, the ACL for spiny lobster will 
increase from the current ACL of 120,830 lb (54,807 kg) to 137,254 lb 
(62,257 kg).
    For the EEZ around St. Thomas and St. John, the ACL for spiny 
lobster will increase from the current ACL of 126,089 lb (57,193 kg) to 
133,207 lb (60,422 kg).

Measures in Framework Amendment 2 Not Codified in This Final Rule

    In addition to the ACLs described in this final rule, Framework 
Amendment 2 specifies the OFL and ABC for spiny lobster for Puerto 
Rico, St. Croix, and St. Thomas and St. John.
    For the Puerto Rico FMP, the OFL for spiny lobster will decrease 
from 438,001 lb (198,673 kg) to 426,858 lb (193,620 kg) and the ABC for 
spiny lobster would

[[Page 34169]]

decrease from 386,279 lb (175,213 kg) to 376,452 lb (170,756 kg).
    For the St. Croix FMP, the OFL for spiny lobster will increase from 
144,219 lb (65,416 kg) to 163,823 lb (74,309 kg) and the ABC for spiny 
lobster would increase from 127,189 lb (57,691 kg) to 144,478 lb 
(65,534 kg).
    For the St. Thomas and St. John FMP, the OFL for spiny lobster will 
increase from 150,497 lb (68,264 kg) to 158,993 lb (75,118 kg) and the 
ABC for spiny lobster would increase from 132,725 lb (60,203 kg) to 
140,218 (63,602 kg).

Comments and Responses

    NMFS received two comment submissions on the proposed rule 
implementing Framework Amendment 2. One comment received was in support 
of the proposed rule and one was opposed. The comment in opposition 
included multiple points, which are stated below in three separate 
comments, along with NMFS' responses. The commenter also noted the need 
for more research on spiny lobster, which was outside the scope of the 
proposed rule. There have been no changes to the proposed rule as a 
result of public comment.
    Comment 1: If the purpose of the proposed rule implementing 
Framework Amendment 2 is to achieve OY and address overfishing, it will 
not do this.
    Response 1: NMFS disagrees that the regulations it has proposed 
would not achieve OY. These regulations implement Framework Amendment 
2, which the Council developed to update OFLs, ABCs, and ACLs for spiny 
lobster stocks based on the best scientific information available (the 
SEDAR 57 Update) to prevent overfishing and achieve OY. NMFS has 
determined that Framework Amendment 2 is based on the best scientific 
information available, consistent with the Magnuson-Stevens Act.
    Comment 2: The action should expand beyond the Caribbean EEZ into 
other areas where spiny lobsters are fished like Florida.
    Response 2: Under the Magnuson-Stevens Act, the Caribbean Council 
does not have the authority to decide on management measures for areas 
beyond the range of the Caribbean island management areas. 16 U.S.C. 
1852(a)(1)(D). This comment is also beyond the scope of the proposed 
rule.
    Comment 3: In the most recent seasons, Puerto Rico did not come 
remotely close to exceeding their ACL, so it does not make sense to 
decrease their ACL. It also does not make sense to increase St. Croix, 
St. Thomas and St. John's ACL considering they have been significantly 
under the ACL for years. Additionally, NMFS states that the stocks are 
not overfished. Therefore, localized management by the proposed action 
does not make sense, especially considering its skewed effect on 
fishing in Puerto Rican waters.
    Response 3: As described in Framework Amendment 2 and the proposed 
rule, the SEDAR 57 Update included spiny lobster stocks in Puerto Rico, 
St. Croix, and St. Thomas and St. John, and updated the OFLs and ABCs 
for spiny lobster for each island management area. The Council 
recommended ACLs for spiny lobster in each FMP based on the updated 
ABCs. Reference points derived from stock assessments help fishery 
managers determine the level of catch that can be removed from the 
population each year. If the catch levels used in the stock assessment 
model are well below the sustainable population level (i.e., maximum 
sustainable yield) estimated for the species, then the resulting catch 
targets (OFL, ABC, and ACL) could increase and fishermen would be able 
to catch fish that were previously left in the water. This scenario 
explains the increase in spiny lobster ACLs for St. Croix and St. 
Thomas and St. John. Conversely, if catch levels used in the stock 
assessment model are above, or are projected to be above, the 
sustainable population level estimated for the species, then the 
resulting catch targets (OFL, ABC, and ACL) could decrease, as is the 
scenario for Puerto Rico spiny lobster.
    SEDAR 57 included landings data through 2016, and the SEDAR 57 
Update included landings data through 2021. Catch of spiny lobster in 
Puerto Rico from 2017 through 2019 increased substantially, requiring 
accountability-based seasonal closures in fishing years 2021 (86 FR 
40787, July 29, 2021) and 2022 (87 FR 38008, June 27, 2022). The next 
stock assessments for spiny lobster, SEDAR 91, are scheduled to begin 
in late-summer or early-fall of 2024, and would use updated information 
for the species.

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 2, the 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. 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.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Caribbean, Fisheries, Fishing, Spiny lobster.

    Dated: April 24, 2024.
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)(1) to read as follows:


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

* * * * *
    (c) * * *
    (1) The ACL is 357,629 lb (162,218 kg), round weight.
* * * * *

0
3. In Sec.  622.480, revise paragraph (c)(1) to read as follows:

[[Page 34170]]

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

* * * * *
    (c) * * *
    (1) The ACL is 137,254 lb (62,257 kg), round weight.
* * * * *

0
4. In Sec.  622.515, revise paragraph (c)(1) to read as follows:


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

* * * * *
    (c) * * *
    (1) The ACL is 133,207 lb (60,422 kg), round weight.
* * * * *
[FR Doc. 2024-09227 Filed 4-29-24; 8:45 am]
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