Fishery management plan for the spiny lobster fishery of puerto rico and the u. S. Virgin islands

8.4 Description of the projected reporting, record-keeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for the preparation of the report or records

The two proposed actions would not impose reporting or record-keeping requirements on any U.S. entity. Alternatives 2 and 3 of Action 1 would establish import-size standards.

See Sections 7.5.1.2 and 7.5.1.3 for descriptions. Alternatives 2 through 4 of Action 2 would establish other import restrictions. See Sections 7.5.2.2 through 7.5.2.4 for descriptions.

8.5 Description and estimate of the number of small entities to which the proposed rule will apply

The two proposed actions would affect small businesses that import CSL into the United States from countries: 1) with legal minimum size standards that are less than those proposed in Alternatives 2 or 3 of Action 1 or without such standards and 2) without prohibitions against harvesting female lobsters with eggs, detaching eggs and/or removing pleopods (or swimmerets). It is anticipated that no small governmental jurisdictions or small not-for-profit organizations would be affected by this proposed action.

Nicaragua, Puerto Rico, Saint Kitts and Nevis, Trinidad and Tobago, Turks and Caicos Island, U.S., U.S. Virgin Islands, and Venezuela (Bolivarian Republic of). From 2002 through 2007 the following 17 countries that harvest Caribbean spiny lobster were countries of origin of rock lobster imported into the U.S.: Bahamas, Belize, Brazil,

In 2005 in Puerto Rico, there was one establishment in NAICS 31171, 13 in NAICS

8.5.1 Small Businesses that Could Be Affected by Alternatives 2 and 3

8.5.1.1 Small Businesses that Could Be Affected by Part A of Alt. 2

No legal imports from the following 7 countries of origin should be affected by Part A of Alternative 2 of Action 1 because of their size standards: Bahamas, Columbia, Dominican Republic, Honduras, Turks and Caicos Islands, Nicaragua, and Venezuela. See Section 7.5.1.2.1.

This action should affect more illegal importers of CSL than legal importers; however, some legal imports from Belize, Brazil, Costa Rica, Guatemala, Guyana, Haiti, Jamaica, Mexico, Panama, and Trinidad and Tobago could be affected by Part A of Alternative 2 of Action 1. In the past 6 years, Guyana and Trinidad and Tobago have been the country of origin only once and there have been no imports of rock lobster from these countries since 2004.
Florida law prohibits the possession of CSL that does not meet the size standards equivalent to Part A of this alternative. Hence, it is presumed that imports of CSL that enter the country in Florida come into possession in that state and already comply with the requirements established by Part A and would not be affected. All rock lobster imports from Haiti and Guatemala historically have entered at a Florida port, and therefore, this analysis presumes no legal imports of spiny lobster from Haiti or Guatemala would be affected by this alternative. Imports of rock lobster from Belize, Brazil, Costa Rica, Jamaica, Mexico and Panama enter the U.S. at both Florida and non-Florida ports. About 98 percent of the pounds and total dollar value of rock lobster annually imported from Jamaica enter at a Florida port. See Table 7.5.1.7. These rock lobster imports include all Palinurus species, Panulirus species and Jasus species.
Most rock lobster imports originate from Brazil. A preliminary review of 2006 through 2007 imports of frozen rock lobster from Brazil showed 17 different businesses that imported rock lobster from that country into the United States. Of those businesses, 3 were identified as being owned by a corporation or headquartered in a foreign country and at least 7 are not small businesses. Thus, it is initially concluded that at most 7 small businesses that import rock lobster from Brazil could be affected by the proposed action. At least 89 percent of the imports of rock lobster, however, are brought into the U.S. by foreign corporations and large businesses.
Small businesses indirectly affected would be those in Florida who benefit directly and indirectly from commercial and recreational harvest of Caribbean spiny lobster and are dependent upon the sustainability of the resource. See Section 5.3.7.
U.S. Customs data shows there were no imports of rock lobster (frozen or not) into the U.S. Virgin Islands from 2001 through 2007 and it is anticipated that few to zero imports and importers of rock lobster into the U.S. Virgin Islands would be affected by the alternative actions under consideration.

8.5.1.2 Small Businesses that Could Be Affected by Part B of Alt. 2

No legal imports of Caribbean spiny lobster into Puerto Rico or the U.S. Virgin Islands are expected to be affected by this Part B. See Section 7.5.1.2.2. Hence, no small businesses are expected to be affected by Part B of this alternative.

8.5.2 Small Businesses that Could Be Affected by Alternative 3

This alternative would: (1) directly and indirectly affect the same small businesses and have the same economic impact as Part A of Alternative 2 as described in Section 8.5.1.1 and (2) directly affect small businesses that import Caribbean spiny lobster into Puerto Rico and the U.S. Virgin Islands and indirectly small businesses that harvest and benefit from the harvest of Caribbean spiny lobster in Puerto Rico and the U.S. Virgin Islands. The impact on small businesses that import CSL into the two territories could be beneficial by increasing the allowed imports into the territories; however, the import standards would contradict existing laws in Puerto Rico and the U.S. Virgin Islands and could encourage overfishing of spiny lobster in territorial waters and illegal harvest in those waters, which would have an indirect and adverse impact small lobster fishing businesses. See Section 7.5.1.3.

8.5.3 Small Businesses that Could Be Affected by Alternatives 2 - 4

8.5.3.1 Small Businesses that Could Be Affected by Alternative 2

One method that illegal importers have used and continue to use to avoid detection is to remove the meat from the exoskeletons of undersized and berried spiny lobsters and then package the meat in chunks. This alternative would eliminate such illegal imports. It would also prohibit any currently legal imports of Caribbean spiny lobster meat that has been removed from the shell. Preliminary information suggests the ban on imports of lobster meat that has been extracted from the shell would have the greatest impact on illegal, not legal, trade. Most imported spiny lobster meat has the exoskeleton attached and would not be affected by this alternative; however, small businesses that import meat of the Caribbean spiny lobster that is separated from the shell would be directly affected by this alternative. See Section 7.5.2.2. Small businesses that exploit the resource or those that do business with those that do would benefit in the long-run by the improved status of the species.

From 2002 through 2007, rock lobster imports have originated from the following 17 countries that harvest Caribbean spiny lobster: The Bahamas, Belize, Brazil, Columbia, Costa Rica, Dominican Republic, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Turks and Caicos Islands, Trinidad and Tobago, and Venezuela. See Tables 7.5.1.1 and 7.5.1.2. Of these 17 countries, Guatemala, Guyana, and Trinidad and Tobago do not have laws that prohibit the harvest of spiny lobsters with eggs or removal of eggs. See Table 7.5.2.1. Combined rock lobster imports from these three countries represent $183,000 (about 0.05 percent) of $356 million of frozen imports and $9,000 (about 0.3 percent) of the $2.9 million of non-frozen imports. Panama has a law that prohibits the harvest of berried lobsters, but may not prohibit the removal of eggs. Imports of rock lobster from Panama represent about 0.7 percent of frozen rock lobster imports and none of the non-frozen imports. Therefore, this alternative may directly affect small businesses that import spiny lobster from Guatemala, Guyana, Panama, and Trinidad and Tobago by causing them to import fewer lobsters. However, the long-run improvement of the status of the species would generate beneficial economic impacts to those small businesses that directly and indirectly benefit from exploitation of the resource.

8.5.3.2 Small Businesses that Could Be Affected by Alternative 3

This alternative prohibits the importation of spiny lobster meat that is not attached to the exoskeleton. As stated previously, most spiny lobster imports have been meat within the shell; however, small businesses that import meat of the Caribbean spiny lobster that is separated from the shell would be affected by this alternative. See Section 7.2.2.2.2 and first paragraph of 8.5.3.1.

8.5.3.3 Small Businesses that Could Be Affected by Alternative 4

This alternative prohibits the importation of female lobsters with eggs attached and lobsters with either eggs or pleopods (or swimmerets) removed. See second paragraph of Section 8.5.3.1.

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downloads -> Tab c, no. 4 Rick sounds good to me. I would suggest using the most recent tor wording provided by sedar and making any necessary modifications to that wording. Then we will address at our March 2008 meeting. Gregg From
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BB%202008-06 -> Fishery management plan for the spiny lobster fishery of puerto rico and the u. S. Virgin islands

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