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Caribbean Spiny Lobster Import Prohibitions

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Caribbean Spiny Lobster Import Prohibitions Fishery Conservation and Management § 622.50 the gag commercial quota for that fol- the AA will file a notification with the lowing year at the level of the prior Office of the Federal Register, at or year’s quota. The applicable commer- near the beginning of the following cial ACLs for gag, in gutted weight, are fishing year, to maintain the red 1.71 million lb (0.78 million kg) for 2010, grouper target catch level for that fol- and 1.76 million lb (0.80 million kg) for lowing year at the level of the prior 2011 and subsequent fishing years. year’s target catch. In addition, the no- (ii) Recreational fishery. If gag rec- tification will reduce the length of the reational landings, as estimated by the recreational SWG fishing season the SRD, exceed the applicable ACL speci- following fishing year by the amount fied in this paragraph (a)(4)(ii), the AA necessary to ensure red grouper rec- will file a notification with the Office reational landings do not exceed the of the Federal Register, at or near the recreational target catch level the fol- beginning of the following fishing year, lowing fishing year. The recreational to maintain the gag target catch level ACL for red grouper, in gutted weight, for that following year at the level of is 1.85 million lb (0.84 million kg). The the prior year’s target catch. In addi- recreational target catch level for red tion, the notification will reduce the grouper, in gutted weight, is 1.82 mil- length of the recreational SWG fishing lion lb (0.82 million kg). Recreational season the following fishing year by landings will be evaluated relative to the amount necessary to ensure gag the applicable ACL as follows. For 2009, recreational landings do not exceed the only 2009 recreational landings will be recreational target catch level in that compared to the ACL; in 2010, the aver- following fishing year. The applicable age of 2009 and 2010 recreational land- recreational ACLs for gag, in gutted ings will be compared to the ACL; and weight, are 2.59 million lb (1.17 million in 2011 and subsequent fishing years, kg) for 2009, 2.64 million lb (1.20 million the 3-year running average rec- kg) for 2010, and 2.67 million lb (1.21 reational landings will be compared to million kg) for 2011 and subsequent the ACL. fishing years. The recreational target (b) [Reserved] catch levels for gag, in gutted weight, [73 FR 31843, July 3, 2008, as amended at 74 are 2.06 million lb (0.93 million kg) for FR 17610, Apr. 16, 2009; 75 FR 9118, Mar. 1, 2009, 2.14 million lb (0.97 million kg) for 2010] 2010, and 2.20 million lb (1.00 million kg) for 2011 and subsequent fishing § 622.50 Caribbean spiny lobster im- years. Recreational landings will be port prohibitions. evaluated relative to the applicable (a) Minimum size limits for imported ACL as follows. For 2009, only 2009 rec- spiny lobster. There are two minimum reational landings will be compared to size limits that apply to importation of the ACL; in 2010, the average of 2009 spiny lobster into the United States and 2010 recreational landings will be -one that applies any place subject to compared to the ACL; and in 2011 and the jurisdiction of the United States subsequent fishing years, the 3-year other than Puerto Rico or the U.S. Vir- running average recreational landings gin Islands, and a more restrictive min- will be compared to the ACL. imum size limit that applies to Puerto (5) Red grouper—(i) Commercial fishery. Rico and the U.S. Virgin Islands. If red grouper commercial landings ex- (1) No person may import a Carib- ceed the ACL, 5.87 million lb (2.66 mil- bean spiny lobster with less than a 6- lion kg) gutted weight, the AA will file ounce (170-gram) tail weight into Puer- a notification with the Office of the to Rico or the U.S. Virgin Islands. For Federal Register, at or near the begin- the purposes of paragraph (a) of this ning of the following fishing year, to section, a 6-ounce (170-gram) tail maintain the red grouper commercial weight is defined as a tail that weighs quota for that following year at the 5.9-6.4 ounces (167-181 grams). If the level of the prior year’s quota. documentation accompanying an im- (ii) Recreational fishery. If red grouper ported Caribbean spiny lobster (includ- recreational landings, as estimated by ing but not limited to product pack- the SRD, exceed the applicable ACL aging, customs entry forms, bills of specified in this paragraph (a)(5)(ii), lading, brokerage forms, or commercial 303 VerDate Mar<15>2010 11:07 Dec 21, 2010 Jkt 220228 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Y:\SGML\220228.XXX 220228 jdjones on DSK8KYBLC1PROD with CFR Pt. 622, App. A 50 CFR Ch. VI (10–1–10 Edition) invoices) indicates that the product Millepora spp., Fire corals does not satisfy the minimum tail- Family Stylasteridae weight, the person importing such Car- Stylaster roseus, Rose lace corals ibbean spiny lobster has the burden to B. Anthozoans—Class Anthozoa 1. Soft corals—Order Alcyonacea prove that such Caribbean spiny lob- Family Anthothelidae ster actually does satisfy the minimum Erythropodium caribaeorum, Encrusting tail-weight requirement or that such gorgonian Caribbean spiny lobster has a tail Iciligorgia schrammi, Deepwater sea fan length of 6.2 inches (15.75 cm) or great- Family Briaridae er or that such Caribbean spiny lobster Briareum asbestinum, Corky sea finger has or had a carapace length of 3.5 Family Clavulariidae inches (8.89 cm) or greater. If the im- Carijoa riisei Telesto spp. ported product itself does not satisfy 2. Gorgonian corals—Order Gorgonacea the minimum tail-weight requirement, Family Ellisellidae the person importing such Caribbean Ellisella spp., Sea whips spiny lobster has the burden to prove Family Gorgoniidae that such Caribbean spiny lobster has a Gorgonia flabellum, Venus sea fan tail length of 6.2 inches (15.75 cm) or G. mariae, Wide-mesh sea fan greater or that such Caribbean spiny G. ventalina, Common sea fan lobster has or had a carapace length of Pseudopterogorgia acerosa, Sea plume P. albatrossae 3.5 inches (8.89 cm) or greater. If the P. americana, Slimy sea plume burden is satisfied such Caribbean P. bipinnata, Bipinnate plume spiny lobster will be considered to be in P. rigida compliance with the minimum 6-ounce Pterogorgia anceps, Angular sea whip (170-gram) tail-weight requirement. P. citrina, Yellow sea whip (2) See § 640.27 of this chapter regard- Family Plexauridae ing the minimum size limit that ap- Eunicea calyculata, Warty sea rod plies to spiny lobster imported into E. clavigera E. fusca, Doughnut sea rod any place subject to the jurisdiction of E. knighti the United States other than Puerto E. laciniata Rico or the U.S. Virgin Islands. E. laxispica (b) Additional Caribbean spiny lobster E. mammosa, Swollen-knob import prohibitions—(1) Prohibition re- E. succinea, Shelf-knob sea rod lated to tail meat. No person may import E. touneforti into any place subject to the jurisdic- Muricea atlantica tion of the United States Caribbean M. elongata, Orange spiny rod M. laxa, Delicate spiny rod spiny lobster tail meat that is not in M. muricata, Spiny sea fan whole tail form with the exoskeleton M. pinnata, Long spine sea fan attached. Muriceopsis spp. (2) Prohibitions related to egg-bearing M. flavida, Rough sea plume spiny lobster. No person may import M. sulphurea into any place subject to the jurisdic- Plexaura flexuosa, Bent sea rod tion of the United States Caribbean P. homomalla, Black sea rod spiny lobster with eggs attached or Plexaurella dichotoma, Slit-pore sea rod P. fusifera Caribbean spiny lobster from which P. grandiflora eggs or pleopods (swimmerets) have P. grisea been removed or stripped. Pleopods P. nutans, Giant slit-pore (swimmerets) are the first five pairs of Pseudoplexaura crucis abdominal appendages. P. flagellosa P. porosa, Porous sea rod [74 FR 1151, Jan. 12, 2009] P. wagenaari 3. Hard Corals—Order Scleractinia APPENDIX A TO PART 622—SPECIES Family Acroporidae TABLES Acropora cervicornis, Staghorn coral A. palmata, Elkhorn coral TABLE 1 OF APPENDIX A TO PART 622— A. prolifera, Fused staghorn CARIBBEAN CORAL REEF RESOURCES Family Agaricidae I. Coelenterates—Phylum Coelenterata Agaricia agaricities, Lettuce leaf coral A. Hydrocorals—Class Hydrozoa A. fragilis, Fragile saucer 1. Hydroids—Order Athecatae A. lamarcki, Lamarck’s sheet Family Milleporidae A. tenuifolia, Thin leaf lettuce 304 VerDate Mar<15>2010 11:07 Dec 21, 2010 Jkt 220228 PO 00000 Frm 00314 Fmt 8010 Sfmt 8002 Y:\SGML\220228.XXX 220228 jdjones on DSK8KYBLC1PROD with CFR.
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