[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Proposed Rules]
[Pages 64295-64300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25823]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 640
[Docket No. O70717349-7570-02]
RIN 0648-AV61
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendments to the Spiny Lobster Fishery Management Plans for the
Caribbean and Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule that would implement Amendment
4 to the Fishery Management Plan for the Spiny Lobster Fishery of
Puerto Rico and the U.S. Virgin Islands (Caribbean FMP) prepared by the
Caribbean Fishery Management Council (Caribbean Council) and Amendment
8 to the Fishery Management Plan for the Spiny Lobster Fishery of the
Gulf of Mexico and South Atlantic (Gulf and South Atlantic FMP)
prepared by the Gulf of Mexico and South Atlantic Fishery Management
Councils (Gulf and South Atlantic Councils). This proposed rule would
establish two minimum size restrictions for importation of spiny
lobster into the United States -one applicable to spiny lobster
imported into any place subject to the jurisdiction of the United
States other than Puerto Rico or the U.S. Virgin Islands, and a more
restrictive minimum size limit that applies to Puerto Rico and the U.S.
Virgin Islands. In addition, this proposed rule would prohibit
importation of egg-bearing spiny lobsters and importation of spiny
lobster tail meat that is not in whole tail form with the exoskeleton
attached. The intended effect of this proposed rule is to enhance the
conservation of the spiny lobster resource and improve effectiveness of
law enforcement related to such conservation.
DATES: Written comments must be received on or before December 15,
2008.
ADDRESSES: You may submit comments on the proposed rule, identified by
0648-AV61, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
Mail: Jason Rueter, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Fax: 727-824-5308; Attention: Jason Rueter.
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
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.
Copies of the combined Amendments 4 and 8, which include a draft
environmental impact statement (DEIS), an initial regulatory
flexibility analysis (IRFA), a regulatory impact review (RIR), and a
social impact assessment/fishery impact statement may be obtained from
Jason Rueter, Southeast Regional Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701 or may be downloaded from the Southeast
Regional Office website at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5305;
fax 727-824-5308; e-mail [email protected].
SUPPLEMENTARY INFORMATION: The spiny lobster fishery of the Caribbean
is managed under the Caribbean FMP prepared by the Caribbean Council
and is implemented through regulations at 50 CFR part 622. The spiny
lobster fishery of the Gulf of Mexico and South Atlantic is managed
under the Gulf and South Atlantic FMP prepared by the Gulf and South
Atlantic Councils and is implemented through regulations at 50 CFR part
640. Both regulations are implemented under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
Background
Fisheries for spiny lobster (Panulirus argus) exist throughout its
range in the Caribbean and tropical western Atlantic. Foreign and U.S.
scientists and fisheries managers concur that the spiny lobster stock
is fully exploited or over-exploited in much of its range.
Spiny lobster have a long (approximately 1-year) planktonic larval
phase during which the larvae can be widely distributed by ocean
currents over large geographic areas. Spiny lobster resources off
Florida and the U.S. Caribbean are dependent, in part, on recruitment
of larvae from areas in the Caribbean basin, outside the U.S. EEZ.
Large quantities of spiny lobster are being harvested outside the U.S.
exclusive economic zone (EEZ) at a size less than the respective
continental U.S. and U.S. Caribbean minimum size limits, which are
designed to prohibit harvest prior to the average size at sexual
maturity. Much of this harvest outside the U.S. EEZ also involves spiny
lobster less than the minimum size limits of the various foreign
countries where such harvest occurs; however, enforcement has not been
effective in curtailing this illegal activity.
Large-scale harvest of sexually immature, i.e. undersized, spiny
lobster outside the U.S. EEZ adversely impacts the reproductive
capacity of the spiny lobster resources and subsequent recruitment
throughout the Caribbean and Florida. A reduction of fishing effort on
undersized, sexually immature spiny lobster and a more comprehensive
and effective enforcement mechanism would increase spawning stock
biomass and increase potential yield from the fisheries.
Representatives of the spiny lobster seafood industry have recognized
that large-scale harvest of undersized spiny lobster adversely affect
the spiny lobster resource throughout large portions of its range
including areas subject to U.S. jurisdiction and have asked respective
governments to address the illegal harvest and exportation of
undersized spiny lobster tails to the United States.
The United States is a major importer of spiny lobster -importing
over 194 million lb (88 million kg) over the past 10 years. The United
States imports over 90 percent of the spiny lobster harvested in South
and Central America and other Caribbean countries. The major exporters
to the United States are the Bahamas, Brazil, Honduras, and Nicaragua.
There are two main issues associated with addressing the
importation of undersized spiny lobster. First is the importation of
spiny lobster that are
[[Page 64296]]
below the domestic size limits, and concurrently the mean size at
sexual maturity, that were legally harvested in another nation's
waters. Second is the importation of spiny lobster below the domestic
size limits, that were illegally harvested in violation of harvest
restrictions in other nations. This second activity is already illegal,
as the Lacey Act prohibits the importation of spiny lobster harvested
in violation of the laws of another nation.
Establishing minimum sizes for imports would address both of these
issues. Prohibiting the importation of spiny lobster smaller than the
domestic size limits will severely limit, if not eliminate, the market
for legally and illegally harvested undersized spiny lobster. This is
expected to serve as an incentive for countries that do not currently
have such measures to implement consistent size limits to protect
juvenile spiny lobster.
This proposed rule would also establish measures to enhance
protection of egg-bearing spiny lobster and to enhance enforcement of
the size requirements.
Measures Contained in This Proposed Rule
Minimum Size Limits for Importation of Spiny Lobster
This proposed rule would prohibit the importation of undersized,
sexually immature spiny lobster into the United States by establishing
minimum tail-weight requirements. Spiny lobster are rarely, if ever,
imported as whole animals, but instead are imported as frozen tails. It
is estimated over 99 percent of spiny lobster product enters the U.S.
in frozen-tail form. It is standard industry practice for spiny lobster
destined for importation into the United States to be marketed, sorted,
shipped, stored, and sold based on tail-weight categories. In addition,
U.S. Customs' entry documents and the seafood industry's sales, storage
and bills of lading documents typically include the tail weights (in
ounces), making this measurement an effective enforcement tool to track
undersized lobster, even after it enters a U.S. port.
This proposed rule would establish two minimum size limits that
would apply to importation of spiny lobster into the United States -one
that would apply any place subject to the jurisdiction of the United
States other than Puerto Rico or the U.S. Virgin Islands, and a more
restrictive minimum size limit that would apply to Puerto Rico and the
U.S. Virgin Islands. First, this proposed rule would prohibit any
person from importing spiny lobster with less than 5 ounces (142 grams)
tail weight (5 ounces (142 grams) is defined as a tail that weighs 4.2-
5.4 ounces (119-153 grams)) into any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands.
If the documentation accompanying an imported spiny lobster (including
but not limited to product packaging, customs entry forms, bills of
lading, brokerage forms, or commercial invoices) indicates that the
product does not satisfy the minimum tail-weight requirement, the
person importing such spiny lobster would have the burden to prove that
such spiny lobster actually does satisfy the minimum tail-weight
requirement or that such spiny lobster has a tail length of 5.5 inches
(13.97 cm) or greater or that such spiny lobster has or had a carapace
length of greater than 3.0 inches (7.62 cm). If the imported product
itself does not satisfy the minimum tail-weight requirement, the person
importing such spiny lobster would have the burden to prove that such
spiny lobster has a tail length of 5.5 inches (13.97 cm) or greater or
that such spiny lobster has or had a carapace length of greater than
3.0 inches (7.62 cm). If the burden is satisfied, such spiny lobster
would be considered to be in compliance with the minimum 5-ounce (142-
gram) tail-weight requirement.
Second, the proposed rule would also prohibit any person from
importing into Puerto Rico or the U.S. Virgin Islands any spiny lobster
of less than 6.0 ounces (170 grams) tail weight (6 ounces (170 grams)
is defined as a tail that weighs 5.9-6.4 ounces (167-181 grams)). If
the documentation accompanying an imported spiny lobster (including but
not limited to product packaging, customs entry forms, bills of lading,
brokerage forms, or commercial invoices) indicates that the product
does not satisfy the minimum tail-weight, the person importing such
spiny lobster would have the burden to prove that such spiny lobster
actually does satisfy the minimum tail-weight requirement or that such
spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or
that such spiny lobster has or had a carapace length of 3.5 inches
(8.89 cm) or greater. If the imported product itself does not satisfy
the minimum tail-weight requirement, the person importing such spiny
lobster would have the burden to prove that such spiny lobster has a
tail length of 6.2 inches (15.75 cm) or greater or that such spiny
lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the burden is satisfied such spiny lobster would be
considered to be in compliance with the minimum 6-ounce (170-gram)
tail-weight requirement.
These proposed minimum tail-weight requirements correspond to the
existing minimum size limits applicable to the U.S. fisheries in the
continental United States and in Puerto Rico and the U.S. Virgin
Islands, respectively.
Other Import Restrictions
This proposed rule would also prohibit importation of spiny lobster
tail meat in other than whole tail form with the exoskeleton attached
and would prohibit importation of egg-bearing spiny lobster or those
from which eggs or the abdominal appendages to which eggs attach
(swimmerets or pleopods) have been removed or stripped. Prohibiting
importation of tail meat in other than whole tail form is necessary for
effective enforcement of the tail-weight (or tail-length) requirement.
Because the vast majority of tail meet is imported in whole tail form,
any associated adverse economic impacts are expected to be minimal and
would be offset by conservation benefits. The prohibitions related to
egg-bearing spiny lobster would provide further protection for sexually
mature female spiny lobster and would enhance the reproductive capacity
of the resource.
Availability of Amendments 4 and 8
Additional background and rationale for the measures discussed
above are contained in Amendments 4 and 8. The availability of
Amendments 4 and 8 was announced in the Federal Register on October 15,
2008 (73 FR 61015). Written comments on Amendments 4 and 8 must be
received by 5 p.m., eastern time, on December 15, 2008. All comments
received on Amendments 4 and 8 or on this proposed rule during their
respective comment periods will be addressed in the preamble to the
final rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendments 4 and 8, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared a DEIS for this amendment. A notice of availability
for the DEIS was published on June 27, 2008 (73 FR 36503).
[[Page 64297]]
NMFS prepared an IRFA, as required by section 603 of the Regulatory
Flexibility Act, for this proposed rule. The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the objectives of, and legal basis for this action are contained at the
beginning of this section in the preamble and in the SUMMARY section of
the preamble. A copy of the full analysis is available from NMFS (see
ADDRESSES). A summary of the IRFA follows.
The Magnuson-Stevens Act provides the statutory basis for the
proposed rule. The proposed rule would implement importation standards
for spiny lobster, Panulirus argus.
The purpose of the proposed rule is to implement importation
standards that will increase law enforcement's ability to effectively
prevent the importation of undersized spiny lobster, spiny lobster with
eggs or from which eggs have been removed, and spiny lobster tail meat
in any form other than a whole tail with the exoskeleton attached.
No duplicate, overlapping or conflicting Federal rules have been
identified.
The primary entities that are expected to be affected would be
businesses that import spiny lobster into the United States from
countries: (1) with legal minimum size standards that are less than
those proposed or without such standards, and (2) without legal
prohibitions against harvesting female lobsters with eggs, detaching
their eggs and/or removing pleopods (swimmerets), or (3) without
prohibitions on marketing spiny lobster tail meat in a form other than
a whole tail with the exoskeleton attached.
Businesses that import spiny lobster are expected to be within the
following industries: Fish and Seafood Merchant Wholesalers (NAICS
424460), Fish and Seafood Markets (NAICS 445220), Fish and Frozen
Seafood Processing (NAICS 311712), Packaged Frozen Food Merchant
Wholesalers (NAICS 424420), and Supermarkets and Other Grocery, Except
Convenience, Stores (NAICS 445110). The Small Business Administration
(SBA) has established that a business in one of these industries is a
small business if it is independently owned and operated, not dominant
in its field of operation (including its affiliates), and if it has no
more than 100 employees (NAICS 424460 and 424420), 500 employees (NAICS
311712), $6.5 million in annual receipts (NAICS 445220) or $25 million
in annual receipts (NAICS 445110). According to Firm Size Data
(www.sba.gov/advo/research/data.html), in 2005 there were: 2,243 firms
in NAICS 424460 and at least 1,935 of those firms were small
businesses; 2,761 firms in NAICS 424420 and at least 2,113 of them were
small businesses; 504 firms in NAICS 311712 and 482 of them were small
businesses; 43,686 firms in NAICS 445110 and at least 35,511 of them
were small businesses; and 2,118 firms in NAICS 445220 and at least
2,008 were small businesses.
The U.S. is the largest importer of spiny lobster. From 2002
through 2007, U.S. rock lobster imports, which includes spiny lobster,
originated from 17 countries that harvest spiny lobster (Brazil,
Bahamas, Belize, Colombia, Costa Rica, Dominican Republic, Guatemala,
Haiti, Honduras, Jamaica, Martinique, Mexico, Nicaragua, Panama,
Trinidad and Tobago, Turks and Caicos Islands, and Venezuela), and of
these countries, only Costa Rica, Guatemala, and Trinidad and Tobago
have no harvest-size standards for spiny lobster. Additionally, a
preliminary review of Panama fishing laws has not shown such a
standard. Of the 13 countries with known harvest-size standards, 7 have
legal size standards for spiny lobster that meet or exceed the proposed
5-ounce (142-gram) minimum tail weight that would apply anywhere
subject to the jurisdiction of the United States (excluding Puerto Rico
and the U.S. Virgin Islands where a more restrictive 6-ounce (170-gram)
minimum tail weight would apply). These 7 countries are: The Bahamas,
Colombia, Dominican Republic, Honduras, Turks and Caicos Islands,
Nicaragua, and Venezuela. Thus, the 5-ounce (142-gram) minimum tail
weight proposed by this rule would affect small businesses that import
frozen spiny lobster from the following countries of origin into
anywhere subject to the jurisdiction of the U.S., excluding Puerto Rico
or the U.S. Virgin Islands: The Bahamas, Belize, Brazil, Colombia,
Jamaica, Martinique, Mexico, Nicaragua, Panama, and Trinidad and
Tobago.
Many of the 17 countries of origin that harvest spiny lobster also
prohibit harvest of berried (egg-bearing) lobsters and removal of
pleopods. The Bahamas, Brazil, Belize, Colombia, Costa Rica, Dominican
Republic, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Turks
and Caicos Islands, and Venezuela prohibit taking of berried lobsters.
Hence, the prohibition against importation of berried lobsters would
not affect these countries. However, the prohibition against
importation of berried lobsters could affect spiny lobster imports from
Guatemala, Martinique and Trinidad and Tobago. The Bahamas and Belize
have laws that prohibit the removal of pleopods. Consequently, the
prohibition against importation of spiny lobster with their pleopods
removed may affect imports from Brazil, Colombia, Costa Rica, Dominican
Republic, Guatemala, Haiti, Honduras, Jamaica, Martinique, Mexico,
Nicaragua, Panama, Trinidad and Tobago, Turks and Caicos Islands, and
Venezuela.
U.S. Customs data show there were no imports of rock lobster into
the U.S. Virgin Islands from 2001 through 2007. Consequently, it is
expected that there are no small businesses that import spiny lobster
into the U.S. Virgin Islands and would be affected by this proposed
rule. The same data show imports of rock lobster into Puerto Rico
originated from The Bahamas, Dominican Republic and Honduras, which
have legal size standards less than the minimum legal standards of
Puerto Rico and the U.S. Virgin Islands. Both Puerto Rico and the U.S.
Virgin Islands, however, prohibit the possession of spiny lobster with
a carapace less than 3.5 inches (8.89 cm), which, in turn, prohibits
the importation of lobsters that do not meet their size standard.
Puerto Rico also prohibits possession of berried lobsters. Therefore,
the proposed prohibition against importation of berried lobsters should
not affect small businesses that import spiny lobster into Puerto Rico.
Furthermore, preliminary evidence suggests little to none of the spiny
lobster imports into Puerto Rico include meat with the exoskeleton
removed.
This proposed rule would also prohibit importation of spiny lobster
with their pleopods removed. Most imports of spiny lobster are parts of
or whole lobster with the meat attached to the exoskeleton. Hence, this
particular prohibition is expected to affect a small minority of
imports.
The Western Central Atlantic Fishery Commission has reported that
harvesting and trading of spiny lobster below the minimum legal size is
a serious problem, especially in Brazil. It has also been reported to
be a problem in Nicaragua, Honduras and the Bahamas. From 2002 through
2007, of the top four countries of origin of imported frozen rock
lobster and other sea crawfish (HS 030611000) that harvest spiny
lobster, about 32 percent of frozen rock lobster and other sea crawfish
by value were imported from Brazil, followed by about 21 percent from
the Bahamas, about 18 percent from Honduras, and 16 percent from
Nicaragua, for a total of about 86 percent of the frozen rock lobster
imports from countries that harvest spiny lobster. The
[[Page 64298]]
remaining countries of origin are Colombia (about 4 percent), Belize
(about 3 percent), Mexico (about 3 percent), Jamaica (about 2 percent),
Panama (about 1 percent), and Dominican Republic, Turks and Caicos
Islands, Haiti, Costa Rica, Guatemala, Venezuela, Trinidad and Tobago,
and Martinique, all under one percent.
During the same period, U.S. imports of non-frozen rock lobster and
other sea crawfish (HS 030621000) from countries of origin that also
harvest spiny lobster were Costa Rica, Guatemala, Honduras, Jamaica,
Mexico, Nicaragua, Turks and Caicos Islands, and Venezuela. Because
Honduras, Nicaragua, Turks and Caicos Islands, and Venezuela have
minimum size standards that are equivalent to the proposed size
standards that would apply anywhere subject to the United States,
except Puerto Rico or the U.S. Virgin Islands, this proposed rule would
affect small businesses that import non-frozen spiny lobster from the
following countries of origin: Costa Rica, Guatemala, Jamaica, and
Mexico. About 93 percent of the non-frozen rock lobster imports by
value from countries of origin that harvest spiny lobster are from
Mexico, and increasingly these imports from Mexico have been live
lobsters. Collectively, the imports of non-frozen rock lobster from
these four countries of origin (Costa Rica, Guatemala, Jamaica, and
Mexico) represent about 94 percent of the non-frozen imports by value
for countries that harvest spiny lobster.
Frozen imports of rock lobster represent the large majority of rock
lobster imports. During the period from 2002 through 2007, of the top
four countries of origin that harvest spiny lobster, about 32 percent
of frozen rock lobster and other sea crawfish were imported from
Brazil, followed by about 21 percent from the Bahamas, about 18 percent
from Honduras, and 16 percent from Nicaragua, for a total of about 86
percent of the rock lobster imports from these countries.
Customs data from January 22, 2004, through December 31, 2007, for
frozen rock lobster imports from the top four countries of origin
(Brazil, Bahamas, Honduras, and Nicaragua), indicate 98 businesses
imported frozen rock lobster from these 4 countries. Thirteen of these
businesses are foreign-based, and at least 3 are subsidiaries of much
larger companies. Of the remaining 82 businesses, 45 of them imported
frozen rock lobster in 1 year, followed by 17 businesses in 2 years, 10
in 3 years, and 10 in 4 years. The number of small businesses in any 1
year that imported frozen rock lobster from one or more of these
countries ranged from 47 to 32 from 2004 through 2007, with an average
of 38 annually. Therefore, 86 percent of the annual imports of frozen
rock lobster from countries that harvest spiny lobster are brought in
by an average of 38 small businesses. This is indicative that this
proposed rule would not have an adverse impact on a substantial number
of small or large businesses.
List of Subjects
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 640
Fisheries, Fishing, Incorporation by reference, Reporting and
recordkeeping requirements.
Dated: October 23, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 622 and 640
are proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.1, a sentence is added to the end of paragraph (b)
to read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(b) * * * This part also governs importation of Caribbean spiny
lobster into Puerto Rico or the U.S. Virgin Islands.
* * * * *
3. In Sec. 622.2, the definition of ``Import'' is added in
alphabetical order to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Import means, for the purpose of Sec. Sec. 622.1(b) and 622.50
only,--
(1) To land on, bring into, or introduce into, or attempt to land
on, bring into, or introduce into, Puerto Rico or the U.S. Virgin
Islands, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of
the United States; but
(2) Does not include any activity described in paragraph (1) of
this definition with respect to fish caught in the U.S. exclusive
economic zone by a vessel of the United States.
* * * * *
4. In Sec. 622.3, paragraph (a) is revised and paragraph (f) is
added to read as follows:
Sec. 622.3 Relation to other laws and regulations.
(a) The relation of this part to other laws is set forth in Sec.
600.705 of this chapter and paragraphs (b) through (f) of this section.
* * * * *
(f) Regulations pertaining to additional prohibitions on
importation of spiny lobster into any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands
are set forth in part 640 of this chapter.
5. In Sec. 622.7, paragraph (ii) is added to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(ii) Fail to comply with the Caribbean spiny lobster import
prohibitions, as specified in Sec. 622.50.
6. Section 622.50 is added to subpart C to read as follows:
Sec. 622.50 Caribbean spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. There are two
minimum size limits that apply to importation of spiny lobster into the
United States -one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and a more restrictive minimum size limit that applies to Puerto Rico
and the U.S. Virgin Islands.
(1) No person may import a Caribbean spiny lobster with less than a
6-ounce (170-gram) tail weight into Puerto Rico or the U.S. Virgin
Islands. For the purposes of paragraph (a) of this section, a 6-ounce
(170-gram) tail weight is defined as a tail that weighs 5.9-6.4 ounces
(167-181 grams). If the documentation accompanying an imported
Caribbean spiny lobster (including but not limited to product
packaging, customs entry forms, bills of lading, brokerage forms, or
commercial invoices) indicates that the product does not satisfy the
minimum tail-weight, the person importing such Caribbean spiny lobster
has the burden to prove that such Caribbean spiny lobster actually does
satisfy the minimum tail-weight requirement or that such Caribbean
spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or
that such Caribbean spiny lobster has or had a carapace length of 3.5
inches (8.89 cm) or greater. If the imported product itself
[[Page 64299]]
does not satisfy the minimum tail-weight requirement, the person
importing such Caribbean spiny lobster has the burden to prove that
such Caribbean spiny lobster has a tail length of 6.2 inches (15.75 cm)
or greater or that such Caribbean spiny lobster has or had a carapace
length of 3.5 inches (8.89 cm) or greater. If the burden is satisfied
such Caribbean spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 640.27 of this chapter regarding the minimum size
limit that applies to spiny lobster imported into any place subject to
the jurisdiction of the United States other than Puerto Rico or the
U.S. Virgin Islands.
(b) Additional Caribbean spiny lobster import prohibitions--(1)
Prohibition related to tail meat. No person may import into any place
subject to the jurisdiction of the United States Caribbean spiny
lobster tail meat that is not in whole tail form with the exoskeleton
attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States Caribbean spiny lobster with eggs attached or Caribbean spiny
lobster from which eggs or pleopods (swimmerets) have been removed or
stripped. Pleopods (swimmerets) are the first five pairs of abdominal
appendages.
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH
ATLANTIC
7. The authority citation for part 640 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
8. Section 640.1 is revised to read as follows:
Sec. 640.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South
Atlantic prepared by the South Atlantic and Gulf of Mexico Fishery
Management Councils under the Magnuson-Stevens Act.
(b) This part governs conservation and management of spiny lobster
and slipper (Spanish) lobster in the EEZ in the Atlantic Ocean and Gulf
of Mexico off the Atlantic and Gulf of Mexico states from the Virginia/
North Carolina border south and through the Gulf of Mexico. This part
also governs importation of spiny lobster into any place subject to the
jurisdiction of the United States.
(c) An owner or operator of a vessel that has legally harvested
spiny lobsters in the waters of a foreign nation and possesses spiny
lobster, or separated tails, in the EEZ incidental to such foreign
harvesting is exempt from the requirements of this part 640, except for
Sec. 640.27 with which such an owner or operator must comply, provided
proof of lawful harvest in the waters of a foreign nation accompanies
such lobsters or tails.
9. In Sec. 640.2, the definition for ``Regional Director'' is
removed, the definition for ``Spiny lobster'' is revised, and
definitions for ``Import'' and ``Regional Administrator'' are added in
alphabetical order to read as follows:
Sec. 640.2 Definitions.
* * * * *
Import means--
(1) To land on, bring into, or introduce into, or attempt to land
on, bring into, or introduce into, any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the customs laws of the United States; but
(2) Does not include any activity described in paragraph (1) of
this definition with respect to fish caught in the U.S. exclusive
economic zone by a vessel of the United States.
* * * * *
Regional Administrator (RA) ,for the purposes of this part, means
the Administrator, Southeast Region, NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701, or a designee.
* * * * *
Spiny lobster means the species Panulirus argus, or a part thereof.
* * * * *
10. In Sec. 640.3, paragraph (a) is revised, and paragraph (c) is
added to read as follows:
Sec. 640.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in Sec.
600.705 of this chapter and paragraphs (b) and (c) of this section.
* * * * *
(c) Regulations pertaining to additional prohibitions on
importation of spiny lobster into Puerto Rico or the U.S. Virgin
Islands are set forth in part 622 of this chapter.
11. In Sec. 640.7, introductory text is revised, and paragraph (w)
is added to read as follows:
Sec. 640.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to do any of the
following:
* * * * *
(w) Fail to comply with the spiny lobster import prohibitions, as
specified in Sec. 640.27.
12. Section 640.8 is revised to read as follows:
Sec. 640.8 Facilitation of enforcement.
See Sec. 600.730 of this chapter.
13. Section 640.9 is revised to read as follows:
Sec. 640.9 Penalties.
See Sec. 600.735 of this chapter.
14. Section 640.27 is added to subpart B to read as follows:
Sec. 640.27 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. There are two
minimum size limits that apply to importation of spiny lobster into the
United States -one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and a more restrictive minimum size limit that applies to Puerto Rico
and the U.S. Virgin Islands.
(1) No person may import a spiny lobster with less than a 5-ounce
(142-gram) tail weight into any place subject to the jurisdiction of
the United States excluding Puerto Rico and the U.S. Virgin Islands.
For the purposes of paragraph (a) of this section, a 5-ounce (142-gram)
tail weight is defined as a tail that weighs 4.2-5.4 ounces (119-153
grams). If the documentation accompanying an imported spiny lobster
(including but not limited to product packaging, customs entry forms,
bills of lading, brokerage forms, or commercial invoices) indicates
that the product does not satisfy the minimum tail-weight requirement,
the person importing such spiny lobster has the burden to prove that
such spiny lobster actually does satisfy the minimum tail-weight
requirement or that such spiny lobster has a tail length of 5.5 inches
(13.97 cm) or greater or that such spiny lobster has or had a carapace
length of greater than 3.0 inches (7.62 cm). If the imported product
itself does not satisfy the minimum tail-weight requirement, the person
importing such spiny lobster has the burden to prove that such spiny
lobster has a tail length of 5.5 inches (13.97 cm) or greater or that
such spiny lobster has or had a carapace length of greater than 3.0
inches (7.62 cm). If the burden is satisfied, such spiny lobster will
be considered to be in compliance with the minimum 5-ounce (142-gram)
tail-weight requirement.
(2) See Sec. 622.50 of this chapter regarding a more restrictive
minimum
[[Page 64300]]
size limit that applies to spiny lobster imported into Puerto Rico or
the U.S. Virgin Islands.
(b) Additional spiny lobster import prohibitions -(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
(swimmerets) are the first five pairs of abdominal appendages.
PART 640--[AMENDED]
15. In addition to the amendments set forth above, in 50 CFR part
640, remove the words ``Magnuson Act'' and ``Regional Director'' and
add in their places the words ``Magnuson-Stevens Act'' and ``Regional
Administrator'', respectively, wherever they occur.
[FR Doc. E8-25823 Filed 10-28-08; 8:45 am]
BILLING CODE 3510-22-S