SPINY LOBSTER (Panulirus argus)

Implementation of a minimum possession size BACKGROUND Panulirus argus

• One of 45 species in the family Palinuridae. • Range throughout western Atlantic from N.C to Brazil. • Predominant species comprising 95% of lobster harvested and marketed in Caribbean basin countries. • Long planktonic larval phase widely dispersed by ocean currents. • Long larval duration accounts for connectivity from source areas to settlement areas. • DNA analysis indicates single stock structure. Distribution MANAGEMENT

• Spiny lobster fisheries managed by other countries (I.e., Brazil, Nicaragua, Ecuador) are heavily exploited. • Millions of pounds of lobster exported to US that are at or below mean size at reproduction. • Overexploiting stocks in foreign countries could jeopardize abundance and structure of US stock- larval recruitment of US stock is dependent on reproductive potential of stocks managed by other countries. • Potential for overfishing is high because lucrative market exist for all sizes of spiny lobster. • The US imported 194 million lbs over the past 10 years, worth an estimated $2.27 billion dollars. SPINY LOBSTER IMPORTS INTO THE UNITED STATES (JAN 1999 THRU AUG 2001)

Costa Rica Honduras 1% 8% 386,859 lbs Colombia 2,015,476 lbs Bahamas 2% 26% 526,831 lbs 7,192,798 lbs

Brazil 25% 6,641,360 lbs

Panama 1% 292,476 lbs

Haiti Belize 1% 4% 372,397 lbs 941,102 lbs

Jamaica Nicaragua 3% Mexico 20% 677,039 lbs 8% Turks and Caicos 5,203,705 lbs 2,084,692 lbs 1% 271,744 lbs Source: U.S. Customs MANAGEMENT

• Approximately 90% of spiny lobster marketed in US is harvested by foreign fisheries managed by Central and South American countries. • Limiting Caribbean spiny lobster imports to uniform minimum size that protects juveniles would help stabilize reproductive potential of the Caribbean stock by reducing juvenile mortality in foreign fisheries. INTERNATIONAL

• 2006 Merida, Mexico workshop: • Reviewed and updated the assessments of the status of Caribbean spiny lobster at national and regional levels and considered the current levels of exploitation and recent trends in the fishery. • Reviewed and updated the assessments of the status of Caribbean spiny lobster at national and regional levels and considered the current levels of exploitation and recent trends in the fishery INTERNATIONAL

• In keeping with the recommendation to allow 50 percent of the stock to reach maturity, the national representatives agreed to a minimum harvest size of 74 mm (2.91 inches) carapace length. • Nations with minimum size limits greater than 76 mm were encouraged to retain the larger minimum size limits. ENFORCEMENT ISSUES

• Minimum size limits for spiny lobsters exported to US are not standardized. • Most illegal imports go undetected due to enforcement loopholes: 1) Lack of US minimal size that applies to imports; 2)use of secretive codes to disguise undersize lobster tail shipments; 3) increased use of trans-shipments through countries of convince. • Establishment of uniform minimum size for spiny lobster imported into US would assist law enforcement in restricting illegal product in the market. ENFORCEMENT ISSUES

• NOAA OLE recommends an import restriction establish a minimum size landing limit (using carapace and tail length). • Minimum size landing limit would also apply to US harvest of spiny lobster. • All spiny lobster would be required to be landed with shell attached. • Landing limit would be converted to minimum weight limit range (Florida FWC conversion table). • Minimum weight requirement critical for enforcement as industry processes, packs, ships, export, imports, and sells spiny lobster tails by weight. PROPOSED ACTIONS

• Action 1 - Minimum possession size of spiny lobster (Panulirus argus) products in the US. • Action 2 - Other possession restrictions. • Action 3 – Develop a framework to the Spiny Lobster FMP of Puerto Rico and the U.S. Virgin Islands and the Spiny Lobster FMP for the Gulf of Mexico and South Atlantic. Carapace Industry Alternative Tail Length Tail Weight Length Allowances > 3.0 inches - ≥ 5.5 inches - Gulf of Mexico Gulf of and South Mexico and 1 N/A N/A Atlantic; ≥ 3.5 South inches - Atlantic; N/A Caribbean for Caribbean > 3.0 inches - except ≥ 3.5 5 oz weights 2 ≥ 5.5 inches ≥ 4.2 oz inches in the = 4.2 - 5.4 oz Caribbean ≥ 3.25 inches - except ≥ 3.5 5 oz weights = 3 ≥ 5.9 inches ≥ 5.0 oz inches in the 5.0 - 5.9 oz Caribbean ≥ 3.5 inches - 6 oz weights = 4 ≥ 6.2 inches ≥ 5.9 oz All 5.9 - 6.9 oz 5 oz weights = 5N/A≥ 5.7 inches ≥ 4.5 oz 4.5 - 5.4 oz OTHER POSSESSION RESTRICTIONS

Prohibit the Import of Lobster Tail Meat and Prohibit possession of spiny lobster with eggs attached or possession where the eggs, swimmerets, or pleopods have been removed or stripped DEVELOP FRAMEWORK

• Develop a framework to the Spiny Lobster FMP of Puerto Rico and the U.S. Virgin Islands which would allow the RA to establish or modify definitions of: EHH; HAPCs; biomass levels, gear limitations; fishing seasons; and establish minimum import size requirements. • Include in the framework to the Spiny Lobster FMP for the Gulf and South Atlantic the authority to the RA to establish or modify changes in minimum size characteristics (domestic and imported), including but not limited to size limit, weight limits, or other prohibitions. TIMELINES

Completed • July 2007 - Publish NOI /scoping meeting notice. • August 2007 - Caribbean Council reviews scoping document. • October 2007 - Caribbean Council holds scoping meetings.

Current • October-November 2007 - Gulf Council reviews scoping document. TIMELINES

Scheduled • December 2007 - South Atlantic Council reviews scoping document. • December-January 2008 - Gulf and South Atlantic Council hold scoping meetings. • March 2008 - South Atlantic and Caribbean Councils approve public hearing draft/DEIS. • April 2008 - Gulf Council approves public hearing draft/DEIS. • May-June 2008 - Publish NOA for DEIS, begin 45-day comment period on DEIS, and hold public hearings. • August 2008 - Caribbean Council reviews public comments and takes final action. TIMELINES

Scheduled • September 2008 - South Atlantic Council reviews public comments and takes final action. • October 2008 - Gulf Council reviews public comments and takes final action. • November 2008 - Transmit package to HQ (Amendments/FEIS and proposed rule) • Mid-November 2008 - Publish NOAs for Amendments and FEIS, publish proposed rule; begin comment periods on all documents. • Mid-January 2009 - End comment periods on Amendment, FEIS and proposed rule. • Late January 2009 - Approve/partially approve/disapprove amendments, sign ROD, publish final rule • Late February 2009 - Rule effective.