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Final Amendment 10 to the Fishery Management Plan

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Final Amendment 10 to the Fishery Management Plan 8/1/2011 FINAL AMENDMENT 10 TO THE FISHERY MANAGEMENT PLAN FOR SPINY LOBSTER IN THE GULF OF MEXICO AND SOUTH ATLANTIC Including Final Environmental Impact Statement, Regulatory Impact Review, and Regulatory Flexibility Act Analysis August 2011 Gulf of Mexico Fishery Management Council South Atlantic Fishery Management Council 2203 North Lois Avenue 4055 Faber Place Drive Suite 1100 Suite 201 Tampa, FL 33607 North Charleston, SC 29405 813-348-1630 Phone 843-571-4366 Phone 813-348-1711 Fax 843-769-4520 Fax www.gulfcouncil.org www.safmc.net National Oceanic & Atmospheric Administration National Marine Fisheries Service Southeast Regional Office 263 13th Avenue South St. Petersburg, Florida 33701 727-824-5305 Phone 727-824-5308 Fax http://sero.nmfs.noaa.gov This is a publication of the Gulf of Mexico Fishery Management Council Pursuant to National Oceanic and Atmospheric Administration Award No. NA10NMF4410011 and the South Atlantic Fishery Management Council Pursuant to NOAA Award No. FNA05NMF4410004 This page intentionally left blank ABBREVIATIONS USED IN THIS DOCUMENT ABC acceptable biological catch ACL annual catch limit ACT annual catch target AM accountability measure APA Administrative Procedure Act B Biomass BMSY Biomass at MSY CEA Cumulative Effects Analysis CEQ Council on Environmental Quality CFMC Caribbean Fishery Management Council CFR Code of Federal Regulations Councils Gulf of Mexico Fishery and South Atlantic Management Councils CPUE catch per unit effort CWA Clean Water Act CZMA Coastal Zone Management Act DQA Data Quality Act EEZ Exclusive Economic Zone EFH Essential Fish Habitat EIS Environmental Impact Statement EJ Environmental Justice EO Executive Order EPA Environmental Protection Agency ESA Endangered Species Act F instantaneous fishing mortality rate FAC Florida Administrative Code FAO Food and Agriculture Organization (United Nations) FIS Fishery Impact Statement FKNMS Florida Keys National Marine Sanctuary FMP fishery management plan FMSY Fishing Mortality Rate Yielding MSY FMU fishery management unit FWC Florida Fish and Wildlife Conservation Commission FWRI Fish and Wildlife Research Institute FWS United States Fish and Wildlife Service GC general counsel GMFMC Gulf of Mexico Fishery Management Council Gulf Gulf of Mexico IRFA initial regulatory flexibility analysis M instantaneous natural mortality rate Magnuson-Stevens Act Magnuson-Stevens Fishery Conservation and Management Act MBTA Migratory Bird Treaty Act MFMT Maximum Fishing Mortality Threshold MMPA Marine Mammal Protection Act mp million pounds MPA Marine Protected Area MRFSS Marine Recreational Fishery Statistics Survey SPINY LOBSTER AMENDMENT 10 i ACRONYMS/ABBREVIATIONS MRIP Marine Recreational Information Program MSST Minimum Stock Size Threshold MSY maximum sustainable yield NEPA National Environmental Policy Act NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NOAA Fisheries Same as NMFS OFL overfishing limit OMB Office of Management and Budget OY optimum yield PRA Paperwork Reduction Act RA Regional Administrator of NMFS RFA Regulatory Flexibility Act RIR regulatory impact review RSE restricted species endorsement SAFMC South Atlantic Fishery Management Council SBA Small Business Administration Secretary Secretary of Commerce SEDAR Southeast Data Assessment Review (stock assessment SEFSC Southeast Fisheries Science Center of NMFS SFA Sustainable Fisheries Act SoVI Social Vulnerability Index SPL saltwater products license (FL) SPR spawning potential ratio SRCL Special Recreational Crawfish License SSB spawning stock biomass SSBR spawning stock biomass per recruit SSC Scientific and Statistical Committee TED turtle excluder device TCP trap certification program USCG United States Coast Guard VEC valued environmental component ww whole weight SPINY LOBSTER AMENDMENT 10 ii ACRONYMS/ABBREVIATIONS AMENDMENT 10 TO THE FISHERY MANAGEMENT PLAN FOR SPINY LOBSTER IN THE GULF OF MEXICO AND SOUTH ATLANTIC REGIONS INCLUDING A FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS), REGULATORY IMPACT REVIEW (RIR), REGULATORY FLEXIBILITY ACT ANALYSIS (RFA) Proposed actions: Establish annual catch limits and accountability measures for Caribbean spiny lobster; remove several other species of lobster from the FMP; redefine biological reference points; update the framework process; and establish or modify other management measures. Lead agency: FMP Amendment – Gulf of Mexico and South Atlantic Fishery Management Councils EIS - NOAA Fisheries Service For Further Information Contact: Stephen A. Bortone, Ph.D. Gulf of Mexico Fishery Management Council 2203 N. Lois Avenue, Suite 1100 Tampa, FL 33607 (813) 348-1630 (Phone) (888) 833-1844 (Toll Free) [email protected] Website: www.gulfcouncil.org Robert K. Mahood South Atlantic Fishery Management Council 4055 Faber Place, Suite 201 North Charleston, SC 29405 (866) SAFMC-10 [email protected] Website: www.safmc.net Roy E. Crabtree, Ph.D. NOAA Fisheries, Southeast Region 263 13th Avenue South St. Petersburg, FL 33701 (727) 824-5301 [email protected] Website: www.nmfs.noaa.gov NOI for Amendment 10: 1/28/09 (74 FR 4943) – SAFMC 9/1/09 (74 FR 45182) – GMFMC SPINY LOBSTER AMENDMENT 10 iii EIS COVER SHEET Scoping meetings held: SAFMC as part of Comp. ACL Amendment (1/26/09 in Charleston, SC; 1/27/09 in New Bern, NC; 2/3/09 in Key Largo, FL; 2/4/09 in Cape Canaveral, FL and 2/5/09 in Pooler, GA) GMFMC (9/21/09 in Key West, FL and 9/22/09 in Marathon, FL) NOI for EIS: 3/12/10 (75 FR 11843) Public Hearings held: 4/11-20/11 (76 FR 16730) Public Hearings held: 5/9/2011 (76 FR 20957) DEIS filed: 4/8/11 DEIS notice published: 4/15/11_(76 FR 21345) DEIS Comments received by: 6/1/11 Abstract Revisions to the Magnuson-Stevens Fishery Management and Conservation Act in 2006 require that fishery management plans contain annual catch limits and accountability measures for all managed species to prevent overfishing. Annual catch limits must be set at levels that prevent overfishing and do not exceed the recommendations of the respective Councils’ Scientific and Statistical Committees for acceptable biological catch. Species in a fishery management plan not subject to overfishing should have annual catch limits and accountability measures effective in 2011. No species in the spiny lobster fishery management unit are known to be undergoing overfishing. Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic contains the following actions by the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council: Removing species from the fishery management plan (i.e., smoothtail spiny lobster, spotted spiny lobster, Spanish slipper lobster, and ridged slipper lobster); defining or modifying biological reference points (i.e., maximum sustainable yield, overfishing, and overfished thresholds); considering sector allocations; specifying an acceptable biological catch control rule; setting annual catch limits and annual catch targets; establishing accountability measures; updating the framework procedure and protocol for enhanced cooperative management; modifying or removing the allowance of undersized lobsters as bait in commercial traps; modifying or removing tailing permit regulations; and determining authority to remove derelict or abandoned spiny lobster traps from federal waters off Florida. This amendment also explored two additional actions pertaining to protected resources: one was limiting fishing areas to protect threatened staghorn and elkhorn corals (Acropora spp.) and the other was trap line marking requirements for the commercial sector. The Councils decided to take no action in this amendment, and will address them in a separate amendment to allow more time for stakeholder input. SPINY LOBSTER AMENDMENT 10 iv EIS COVER SHEET TABLE OF CONTENTS FOR THE ENVIRONMENTAL IMPACT STATEMENT Abstract ........................................................................................................................ iv Summary .................................................................................................................... S-1 Purpose and need ...........................................................................................................5 Alternatives ..................................................................................................................10 Affected environment ..................................................................................................63 Environmental consequences .....................................................................................119 List of preparers .........................................................................................................212 List of agencies, organizations, and persons to whom copies of the statement are sent ...............................................................213 Index ..........................................................................................................................227 SPINY LOBSTER AMENDMENT 10 v EIS COVER SHEET TABLE OF CONTENTS ABBREVIATIONS USED IN THIS DOCUMENT ....................................................................... i TABLE OF CONTENTS FOR THE ENVIRONMENTAL IMPACT STATEMENT ...................v LIST OF TABLES ...........................................................................................................................x LIST OF FIGURES ......................................................................................................................
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