Evaluating Alternative Accountability Measures for Spiny Lobster under the Puerto Rico Fishery Management Plan (FMP) Discussion/Options Paper, August 2025
Background The Caribbean spiny lobster stock in waters around Puerto Rico is managed by the Puerto Rico Department of Natural and Environmental Resources (DNER) (state waters) and by the National Marine Fisheries Service (NMFS) with the advice from the Caribbean Fishery Management Council (CFMC) (federal waters). The Puerto Rico Fishing Regulations 7949 apply to fishing for spiny lobster in state waters, while the Puerto Rico Fishery Management Plan (FMP) and implementing regulations contained in 50 CFR 622 apply to fishing for spiny lobster in federal waters. As one of the most important species targeted by commercial fishers in Puerto Rico, both federal and state regulations limit catch to ensure the sustainability of this stock (see Puerto Rico FMP, Chapter 5). Among others, these regulations address the size and reproductive conditions of the species, and establish areas closed to fishing and gear restrictions. Issue: Commercial landings of spiny lobster in Puerto Rico are not monitored in-season, only post-season. Often commercial landings are two years old before they are available for management. Recreational landings are not currently monitored or reported. The commercial and recreational sectors are managed under a stock annual catch limit (ACL) and a post-season accountability measure (AM) for the entire stock, described below. A recent evaluation of Puerto Rico spiny lobster landings for ACL monitoring purposes indicates that the three-year average of the most recent commercial landings of Puerto Rico spiny lobster has exceeded the three-year average of the applicable ACLs. The exceedance is attributed to increases in harvest, rather than to improved data collection or monitoring. Based on current harvest patterns, it is expected that landings will continue to exceed the applicable ACL (i.e., average landings 2021-2023 = 589,169 lbs vs average ACLs 2021-2023 = 408,155 lbs) under status quo regulations. Currently, when commercial landings of the stock exceed the applicable ACL, the AM provides that NMFS reduce the length of the fishing season by the amount necessary to prevent another overage. However, the vast majority of spiny lobster harvest in Puerto Rico occurs in state waters (~90% or more). Therefore, applying an AM that closes harvest in federal waters is not sufficient to fully constrain total spiny lobster landings to the applicable ACL unless Puerto Rico implements compatible regulations in state waters. For example, commercial landings of spiny lobster could increase to such a level that an AM-based closure could require harvest in federal waters to close year-round. Additionally, an update to the SEDAR 57 assessment completed in 2022 supported a determination that the Puerto Rico spiny lobster stock was subject to overfishing. This was 1