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Spiny Lobster Annual Catch Limits and Targets and Recreational Trap

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Spiny Lobster Annual Catch Limits and Targets and Recreational Trap 7/11/2017 Modifications to Management Benchmarks, Annual Catch Limit, Annual Catch Target, and Prohibition of Traps for Recreational Harvest in the South Atlantic Exclusive Economic Zone FINAL REGULATORY AMENDMENT 4 TO THE FISHERY MANAGEMENT PLAN FOR SPINY LOBSTER IN THE GULF OF MEXICO AND THE SOUTH ATLANTIC INCLUDING ENVIRONMENTAL ASSESSMENT, REGULATORY IMPACT REVIEW, AND REGULATORY FLEXIBILITY ACT ANALYSIS JULY 2017 This is a publication of the Gulf of Mexico Fishery Management Council Pursuant to National Oceanic and Atmospheric Administration Award No. NA15NMF4410011. This page intentionally left blank ENVIRONMENTAL ASSESSMENT COVER SHEET Modifications to Management Benchmarks, Annual Catch Limit, Annual Catch Target, and Prohibition of Traps for Recreational Harvest in the South Atlantic Exclusive Economic Zone Including Environmental Assessment, Regulatory Impact Review, and Regulatory Flexibility Act Analysis Type of Action ( ) Administrative ( ) Legislative ( ) Draft (X) Final Responsible Agencies: National Marine Fisheries Service Gulf of Mexico Fishery Management Southeast Regional Office Council 263 13th Avenue South 2203 North Lois Avenue, Suite 1100 St. Petersburg, Florida 33701 Tampa, Florida 33607 727-824-5305 813-348-1630 727-824-5308 (fax) 813-348-1711 (fax) http://sero.nmfs.noaa.gov http://www.gulfcouncil.org Contact: Cynthia Meyer Contact: Morgan Kilgour [email protected] [email protected] Contact: Nikhil Mehta [email protected] South Atlantic Fishery Management Council 4055 Faber Place Dr., Suite 201 North Charleston, SC 29405 843-571-4366 www.safmc.net Contact: Kari MacLauchlin [email protected] Spiny Lobster Modifications to ACL, Regulatory Amendment 4 Review Trigger, and Trap Prohibition i ABBREVIATIONS USED IN THIS DOCUMENT ABC acceptable biological catch ACL annual catch limit ACT annual catch target ALS Accumulated Landings System AM accountability measure AP advisory panel ASMFC Atlantic States Marine Fisheries Commission CFR code of federal regulations Councils Gulf of Mexico and South Atlantic Fishery Management Councils CS consumer surplus DPS distinct population segment EA environmental assessment EEZ exclusive economic zone EFH essential fish habitat EIS environmental impact statement EJ environmental justice E.O. Executive Order EPA Environmental Protection Agency ESA Endangered Species Act F fishing mortality rate FAC Florida administrative code FEUS Fisheries Economics of the United States FMP fishery management plan FMSY fishing mortality rate at maximum sustainable yield FWC Florida Fish and Wildlife Conservation Commission FWRI Fish and Wildlife Research Institute GMFMC Gulf of Mexico Fishery Management Council GSMFC Gulf States Marine Fisheries Commission Gulf Gulf of Mexico Gulf Council Gulf of Mexico Fishery Management Council HAPC Habitat Area of Particular Concern Magnuson-Stevens Act Magnuson-Stevens Fishery Conservation and Management Act MFMT maximum fishing mortality threshold MMPA Marine Mammal Protection Agency mp million pounds MRIP Marine Recreational Information Program MSY maximum sustainable yield NARW north Atlantic right whales NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Agency NWA northwest Atlantic OFL overfishing limit PDARP Programmatic Damage Assessment and Restoration Plan Review Panel Spiny Lobster Review Panel Spiny Lobster Modifications to ACL, Regulatory Amendment 4 Review Trigger, and Trap Prohibition ii RFA Regulatory Flexibility Act RQ regional quotient SAFMC South Atlantic Fishery Management Council SEDAR Southeast Data, Assessment, and Review SERO Southeast Regional Office Spiny Lobster FMP Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic South Atlantic Council South Atlantic Fishery Management Council SPR spawning potential ratio SSC Scientific and Statistical Committee USCG United States Coast Guard ww whole weight Spiny Lobster Modifications to ACL, Regulatory Amendment 4 Review Trigger, and Trap Prohibition iii TABLE OF CONTENTS Environmental Assessment Cover Sheet ......................................................................................... i Abbreviations Used in this Document ............................................................................................ ii Table of Contents ........................................................................................................................... iv List of Tables ................................................................................................................................ vii List of Figures .............................................................................................................................. viii Chapter 1. Introduction .................................................................................................................. 1 1.1 Background ........................................................................................................................... 1 1.2 Purpose and Need ................................................................................................................. 4 1.3 History of Management ........................................................................................................ 5 Chapter 2. Management Alternatives ............................................................................................ 8 2.1. Action 1: Modify the Current Definitions of Management Benchmarks ........................... 8 Action 1.1: Maximum Sustainable Yield (MSY) and Overfishing Threshold (Maximum Fishing Mortality Threshold [MFMT]) ................................................................................ 8 Action 1.2: Modify the ACL and ACT for Spiny Lobster ........................................................ 11 2.2 Action 2: Prohibit the Use of Traps for Recreational Harvest of Spiny Lobster in the South Atlantic Exclusive Economic Zone (EEZ) ......................................................................... 13 Chapter 3. Affected Environment ................................................................................................ 16 3.1 Description of the Fishery ................................................................................................. 16 3.2 Description of the Physical Environment .......................................................................... 19 3.3 Description of the Biological/Ecological Environment ..................................................... 21 3.3.1 Bycatch ..................................................................................................................... 23 3.3.2 Protected Species ...................................................................................................... 24 3.4 Description of the Economic Environment ........................................................................ 25 3.4.1 Commercial Fishing Sector....................................................................................... 25 3.3.2 Recreational Fishing Sector ...................................................................................... 33 3.5 Description of the Social Environment ............................................................................. 34 3.5.1 Fishing Communities ................................................................................................ 34 3.5.2 Environmental Justice Considerations ...................................................................... 40 3.6 Description of the Administrative Environment ............................................................... 42 3.6.1 Federal Fishery Management .................................................................................... 42 3.6.2 State Fishery Management ........................................................................................ 43 Chapter 4. Environmental Consequences ..................................................................................... 45 Spiny Lobster Modifications to ACL, Regulatory Amendment 4 Review Trigger, and Trap Prohibition iv 4.1 Action 1.1: Maximum Sustainable Yield (MSY) and Overfishing Threshold (Maximum Fishing Mortality Threshold [MFMT]) .............................................................................. 45 4.1.1 Direct and Indirect Effects on the Physical and Biological Environments ............... 45 4.1.2 Direct and Indirect Effects on the Economic Environment ...................................... 47 4.1.3 Direct and Indirect Effects on the Social Environment ............................................ 47 4.1.4 Direct and Indirect Effects on the Administrative Environment .............................. 48 4.2 Action 1.2: Modify the Annual Catch Limit (ACL) and Annual Catch Target (ACT) for Spiny Lobster ..................................................................................................................... 49 4.2.1 Direct and Indirect Effects on the Physical and Biological Environments ................... 49 4.2.2 Direct and Indirect Effects on the Economic Environment ...................................... 50 4.2.3 Direct and Indirect Effects on the Social Environment ............................................ 52 4.2.4 Direct and Indirect Effects on the Administrative Environment .............................. 53 4.3 Action 2: Prohibit the Use of Traps for Recreational Harvest of Spiny Lobster in the South Atlantic Exclusive Economic Zone (EEZ) ........................................................................
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