Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Queen Conch and Reef Fish Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands, 59375-59377 [2011-24676]
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AY55
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendments to the Queen Conch and
Reef Fish Fishery Management Plans
of Puerto Rico and the U.S. Virgin
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Caribbean Fishery
Management Council (Council) has
submitted Amendment 2 to the Fishery
Management Plan (FMP) for the Queen
Conch Resources of Puerto Rico and the
U.S. Virgin Islands and Amendment 5 to
the FMP for the Reef Fish Fishery of
Puerto Rico and the U.S. Virgin Islands
(Amendments 2 and 5) for review,
approval, and implementation by
NMFS. These amendments would
establish annual catch limits (ACLs) and
accountability measures (AMs) for
queen conch and all reef fish units or
complexes that are classified as
undergoing overfishing or that contain
sub-units which are classified as
undergoing overfishing (i.e. snapper,
grouper and parrotfish); allocate ACLs
among island management areas and, in
Puerto Rico only, among the commercial
and recreational sectors; revise the
composition of the snapper and grouper
complexes; prohibit fishing for and
possession of three parrotfish species
(midnight, blue, rainbow); establish
recreational bag limits for snappers,
groupers, and parrotfishes; and establish
framework procedures for queen conch
and reef fish species. Amendments 2
and 5 would also revise management
reference points and status
determination criteria for queen conch,
snappers, groupers, and parrotfishes.
The intended effects of Amendments 2
and 5 are to prevent overfishing of
queen conch and reef fish species while
maintaining catch levels consistent with
achieving optimum yield (OY).
DATES: Written comments must be
received on or before November 25,
2011.
jlentini on DSK4TPTVN1PROD with PROPOSALS
SUMMARY:
You may submit comments
on Amendments 2 and 5, identified by
‘‘NOAA–NMFS–2010–0028’’ by any of
the following methods:
ADDRESSES:
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17:36 Sep 23, 2011
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• Electronic Submissions: Submit
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Bill Arnold, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal:
http:www.regulations.gov, click on
‘‘submit a comment,’’ then enter
‘‘NOAA–NMFS–2010–0028’’ in the
keyword search and click on ‘‘search.’’
To view posted comments during the
comment period, enter ‘‘NOAA–NMFS–
2010–0028’’ in the keyword search and
click on ‘‘search’’. NMFS will accept
anonymous comments (enter N/A in the
required fields if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Comments received through means
not specified in this notice will not be
considered.
Electronic copies of Amendments 2
and 5, which include a Final
Environmental Impact Statement (FEIS),
an initial regulatory flexibility analysis
(IRFA), a regulatory impact review
(RIR), and a fishery impact statement
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
Bill
Arnold, Southeast Regional Office,
NMFS, telephone: 727–824–5305,
e-mail: Bill.Arnold@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan or
amendment to NMFS for review and
approval, disapproval, or partial
approval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a plan or amendment, publish an
announcement in the Federal Register
notifying the public that the plan or
amendment is available for review and
comment.
In the exclusive economic zone (EEZ)
of the U.S. Caribbean, the queen conch
FOR FURTHER INFORMATION CONTACT:
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59375
fishery is managed under the Fishery
Management Plan (FMP) for Queen
Conch Resources of Puerto Rico and the
U.S. Virgin Islands (USVI) and the reef
fish fishery is managed under the Reef
Fish FMP of Puerto Rico and the USVI.
The two FMPs being revised by
Amendments 2 and 5 were prepared by
the Council and are implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Act.
Background
The 2006 revisions to the MagnusonStevens Act require that, by 2010, FMPs
for the fisheries determined by the
Secretary of Commerce to be subject to
overfishing must establish a mechanism
of specifying ACLs at a level that
prevents overfishing and does not
exceed the fishing level
recommendations of the Council’s
Scientific and Statistical Committee
(SSC) or other established peer-review
processes. Additionally, AMs must be
designed that are implemented when an
ACL is exceeded. According to the 2010
NMFS’ Report on the Status of the U.S.
Fisheries, Caribbean queen conch is
undergoing overfishing, as are Grouper
Units 1 and 4, Snapper Unit 1, and
Parrotfish.
Actions Contained in the Amendment
Amendments 2 and 5 modify the
species compositions in the reef fish
fishery management unit (FMU). The
amendments also revise management
reference points to transition U.S.
Caribbean reef fish and queen conch
management from that established in
the Comprehensive Sustainable
Fisheries Amendment (Caribbean SFA
Amendment) of 2005 to that mandated
by the revised Magnuson-Stevens Act.
Additionally, Amendments 2 and 5
would establish the necessary
procedures for determining and
implementing ACLs for the U.S.
Caribbean island groups, including
Puerto Rico, St. Croix in the USVI, and
the island group of St. Thomas and St.
John in the USVI. Management
measures are also proposed to
implement harvest prohibitions for
three parrotfish species (midnight, blue,
rainbow). Recreational bag limits for
reef fish are proposed and an additional
harvest reduction for parrotfish only for
St. Croix would be established. The
amendment also establishes AMs to
respond to and manage future harvest
with respect to the ACLs. Finally, the
amendment establishes framework
provisions for reef fish and queen
conch.
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59376
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
Amend the Stock Complexes in the Reef
Fish Fishery Management Unit
The snapper and grouper complexes
included within the Reef Fish FMP are
currently composed of four grouper and
four snapper units. At the present time,
unit composition excludes several
species of commonly harvested fish and
does not aggregate species in an
ecologically consistent manner.
The black grouper is currently not
included in any of the reef fish species
units although this species is frequently
caught by recreational anglers. The
Council and NMFS propose to add black
grouper to Grouper Unit 4 with other
grouper species that share common
habitat and depth preferences. Both
misty and yellowedge grouper are
presently included in Grouper Unit 4,
but these two species are found at water
depths much greater than are the other
members currently in Grouper Unit 4.
Therefore, Amendments 2 and 5
propose to create a new Grouper Unit 5
that would contain both misty and
yellowedge grouper. Finally, the creolefish is rarely caught by commercial or
recreational fishers and is proposed to
be removed from Grouper Unit 3.
The cardinal snapper is commonly
caught by commercial fishers but is not
included in any current snapper unit.
The amendment proposes to add
cardinal snapper to Snapper Unit 2
because of similarities with the queen
snapper in landings records and depth
distribution. In contrast, the wenchman
is presently included as a member of
Snapper Unit 2 but clusters most closely
with members of Snapper Unit 1 based
upon depth and habitat preferences and
is therefore proposed to be moved into
that unit.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Revision of Management Reference
Points
The Magnuson-Stevens Act requires
that FMPs specify a number of reference
points for managed fish stocks,
including maximum sustainable yield
(MSY), OY, and stock status
determination criteria (including
overfished and overfishing thresholds).
These reference points are determined
for the entire U.S. Caribbean and are
intended to provide the means to
measure the status and performance of
fisheries relative to established goals.
Available data in the U.S. Caribbean are
not sufficient to support direct
estimation of these parameters. Thus,
the amendment proposes to use average
landings as a proxy for MSY for all units
or complexes except queen conch and
parrotfish. The MSY proxy of queen
conch and parrotfish would be set equal
to the fishing level recommendation
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specified by the Council’s Scientific and
Statistical Committee (SSC) (i.e. the
allowable biological catch (ABC)) for
those species. The overfishing threshold
of all species will be defined as the
overfishing limit (OFL), which would
equal the MSY proxy. For most units or
complexes, OY is proposed to equal the
MSY proxy multiplied by a reduction
factor to account for uncertainty in the
scientific and management process, the
proposed reduction factor being 0.85.
The OY of queen conch would not be
reduced below the MSY proxy.
Specifically for Nassau grouper, goliath
grouper, rainbow parrotfish, blue
parrotfish, and midnight parrotfish, the
rule proposes to set the OY equal to
zero.
Island Specific Management
This amendment also proposes
island-specific management to enable
determination of ACLs and application
of AMs in response to harvesting
activities on a single island (Puerto
Rico, St. Croix) or island group (St.
Thomas/St. John) without affecting
fishing activities on the other islands or
island groups. This amendment
proposes to implement geographical
boundaries between islands and island
groups based upon an equidistant
approach that uses the mid-point to
divide the EEZ among islands. The three
proposed island management areas are
Puerto Rico, St. Croix, and St. Thomas/
St. John.
Annual Catch Limits and Accountability
Measures
This amendment proposes to establish
ACLs and AMs for queen conch and for
all snapper, grouper, and parrotfish
units or complexes in the Caribbean
Reef Fish FMP. Separate sector ACLs
(commercial and recreational) would be
established for the Puerto Rico
management area where landings data
are available for both the commercial
and recreational sectors. The other
island management areas have only
commercial data available and therefore,
ACLs would be established for the St.
Croix and St. Thomas/St. John
management areas based on commercial
landings data only.
The ACLs proposed in Amendments 2
and 5 are derived from the OFL (MSY
proxy) (or SSC-recommended ABC) and
most are reduced by 15 percent to buffer
against scientific and management
uncertainty, reducing the probability
that overfishing will occur. The portion
of the parrotfish ACL allocated St. Croix
is reduced by an additional 5.8822
percent to further reduce the impacts of
parrotfish harvest on Acropora coral
species in St. Croix waters, where
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Fmt 4702
Sfmt 4702
parrotfish harvest is particularly
intense. This amendment specifies an
ACL of zero for Nassau grouper, goliath
grouper, rainbow parrotfish, blue
parrotfish, and midnight parrotfish. The
amendment also proposes an ACL equal
to the ABC recommended by the SSC for
queen conch, which is far below recent
average landings.
Management Measures
Amendments 2 and 5 propose to
establish a recreational bag limit for the
harvest of snapper, grouper and
parrotfish. This amendment also
proposes a vessel limit on snapper,
grouper, and parrotfish.
Accountability Measures
Accountability measures are designed
to prevent fishermen from exceeding the
snapper, grouper, parrotfish and queen
conch ACLs. The amendment proposes
to implement AMs if an ACL has been
exceeded based upon a moving multiyear average of landings. Post-season
AMs are proposed that would ensure
the ACL is not exceeded in the year
following a reported ACL overage based
on a moving-year evaluation of landings
and a subsequent reduction in the
length of the fishing season in the
following year. If it is determined that
the overage occurred because data
collection and monitoring improved
rather than because catches actually
increased, AMs may not be applied.
Framework Measures
Amendments 2 and 5 propose
framework measures for both the reef
fish and queen conch FMPs.
Management measures proposed to be
adjusted through the framework
procedure include quotas, closures,
limits, gear rules, and reference point
modifications. The purpose of the
framework is to allow the Council to
expeditiously adjust these reference
points and management measures in
response to changing fishery conditions.
Consideration of Public Comments
A proposed rule that would
implement measures outlined in
Amendments 2 and 5 has been received
from the Council. In accordance with
the Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMPs, the Magnuson-Stevens Act,
and other applicable law. If the
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Comments received by November 25,
2011, whether specifically directed to
the amendment or the proposed rule,
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
will be considered by NMFS in its
decision to approve, disapprove, or
partially approve the amendment.
Comments received after that date will
not be considered by NMFS in this
decision. All comments received by
NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–24676 Filed 9–23–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BA62
Amendments to the Reef Fish, Spiny
Lobster, Queen Conch and Coral and
Reef Associated Plants and
Invertebrates Fishery Management
Plans of Puerto Rico and the U.S.
Virgin Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
NMFS announces that the
Caribbean Fishery Management Council
(Council) has submitted a 2011 Annual
Catch Limits/Accountability Measures
Amendment (2011 Caribbean ACL
Amendment) to the Fishery
Management Plans (FMPs) for Reef Fish
Resources, Spiny Lobster, Queen Conch,
and Coral and Reef Associated Plants
and Invertebrates for the U.S. Caribbean
for review, approval, and
implementation by NMFS. This
amendment proposes actions to
establish annual catch limits (ACLs) and
accountability measures (AMs) if ACLs
should be exceeded for selected reef
fish, spiny lobster, and aquarium trade
species identified by the Secretary as
not undergoing overfishing; allocate
ACLs for island management areas and
for the commercial and recreational
sectors; revise the species within the
conch FMU; establish bag limits for
selected reef fish species and spiny
lobster; and establish framework
procedures for spiny lobster and coral
and reef associated plants and
jlentini on DSK4TPTVN1PROD with PROPOSALS
SUMMARY:
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invertebrates species. The 2011
Caribbean ACL Amendment would also
revise management reference points and
status determination criteria for
angelfish, boxfish, goatfish, grunts,
hogfish, jacks, scups and porgies, spiny
lobster, squirrelfish, surgeonfish,
triggerfish and tilefish, and aquarium
trade species. The intended effect of the
2011 Caribbean ACL Amendment is
prevent overfishing of reef fish, spiny
lobster and aquarium trade species
while maintaining catch levels
consistent with achieving optimum
yield (OY).
DATES: Written comments must be
received on or before November 25,
2011.
ADDRESSES: You may submit comments
on these Amendments, identified by
NOAA–NMFS–2011–0017, by any of the
following methods:
• Electronic Submissions: Submit
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Miguel Lugo and Maria
Lopez, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, click on ‘‘submit a
comment,’’ then enter ‘‘NOAA–NMFS–
2011–0017’’ in the keyword search and
click on ‘‘search.’’ To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2011–0017’’ in
the keyword search and click on
‘‘search’’. NMFS will accept anonymous
comments (enter N/A in the required
fields if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Comments received through means
not specified in this notice will not be
considered.
Electronic copies of the amendment
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Miguel Lugo or Maria Lopez, telephone:
727–824–5305, or e-mail:
PO 00000
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59377
Miguel.Lugo@noaa.gov or
Maria.Lopez@noaa.gov.
The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan or
amendment to NMFS for review and
approval, disapproval, or partial
approval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a plan or amendment, publish an
announcement in the Federal Register
notifying the public that the plan or
amendment is available for review and
comment.
The four FMPs being revised by the
2011 Caribbean ACL Amendment were
prepared by the Council and
implemented through regulations at 50
CFR parts 622 under the authority of the
Magnuson-Stevens Act.
SUPPLEMENTARY INFORMATION:
Background
The 2006 revisions to the MagnusonStevens Act require that, in 2011, for
fish stocks determined by the Secretary
to not be subject to overfishing, ACLs
must be established at a level that
prevents overfishing and helps to
achieve OY within a fishery. The
Magnuson-Stevens Act requires NMFS
and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the OY
from federally managed stocks. These
mandates are intended to ensure fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, and protecting marine
ecosystems.
Actions Contained in the Amendment
The 2011 Caribbean ACL Amendment
considers alternatives to revise
management reference points, and
implement ACLs for those species not
subject to overfishing. In addition, the
2011 Caribbean ACL Amendment would
redefine the aquarium trade species
FMUs within the Reef Fish FMP and the
Coral and Reef Associated Plants and
Invertebrates FMP, revise the species
composition of the FMU within the
Queen Conch Resources FMP, manage
selected Federal fisheries through
defined island management areas in the
exclusive economic zone (EEZ).
Additionally, the 2011 Caribbean ACL
Amendment would establish
recreational bag limits for reef fish and
spiny lobster species, establish AMs if
ACLs are exceeded, and establish
framework procedures for implementing
management changes in a timelier
E:\FR\FM\26SEP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Proposed Rules]
[Pages 59375-59377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24676]
[[Page 59375]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AY55
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendments to the Queen Conch and Reef Fish Fishery Management Plans of
Puerto Rico and the U.S. Virgin Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Caribbean Fishery Management Council (Council) has
submitted Amendment 2 to the Fishery Management Plan (FMP) for the
Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands and
Amendment 5 to the FMP for the Reef Fish Fishery of Puerto Rico and the
U.S. Virgin Islands (Amendments 2 and 5) for review, approval, and
implementation by NMFS. These amendments would establish annual catch
limits (ACLs) and accountability measures (AMs) for queen conch and all
reef fish units or complexes that are classified as undergoing
overfishing or that contain sub-units which are classified as
undergoing overfishing (i.e. snapper, grouper and parrotfish); allocate
ACLs among island management areas and, in Puerto Rico only, among the
commercial and recreational sectors; revise the composition of the
snapper and grouper complexes; prohibit fishing for and possession of
three parrotfish species (midnight, blue, rainbow); establish
recreational bag limits for snappers, groupers, and parrotfishes; and
establish framework procedures for queen conch and reef fish species.
Amendments 2 and 5 would also revise management reference points and
status determination criteria for queen conch, snappers, groupers, and
parrotfishes. The intended effects of Amendments 2 and 5 are to prevent
overfishing of queen conch and reef fish species while maintaining
catch levels consistent with achieving optimum yield (OY).
DATES: Written comments must be received on or before November 25,
2011.
ADDRESSES: You may submit comments on Amendments 2 and 5, identified by
``NOAA-NMFS-2010-0028'' by any of the following methods:
Electronic Submissions: Submit electronic public comments
via the Federal e-Rulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
Mail: Bill Arnold, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal:
http:www.regulations.gov, click on ``submit a comment,'' then enter
``NOAA-NMFS-2010-0028'' in the keyword search and click on ``search.''
To view posted comments during the comment period, enter ``NOAA-NMFS-
2010-0028'' in the keyword search and click on ``search''. NMFS will
accept anonymous comments (enter N/A in the required fields if you wish
to remain anonymous). You may submit attachments to electronic comments
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this notice will
not be considered.
Electronic copies of Amendments 2 and 5, which include a Final
Environmental Impact Statement (FEIS), an initial regulatory
flexibility analysis (IRFA), a regulatory impact review (RIR), and a
fishery impact statement may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Bill Arnold, Southeast Regional
Office, NMFS, telephone: 727-824-5305, e-mail: Bill.Arnold@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or
amendment to NMFS for review and approval, disapproval, or partial
approval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving a plan or amendment, publish an announcement in the Federal
Register notifying the public that the plan or amendment is available
for review and comment.
In the exclusive economic zone (EEZ) of the U.S. Caribbean, the
queen conch fishery is managed under the Fishery Management Plan (FMP)
for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands
(USVI) and the reef fish fishery is managed under the Reef Fish FMP of
Puerto Rico and the USVI. The two FMPs being revised by Amendments 2
and 5 were prepared by the Council and are implemented through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.
Background
The 2006 revisions to the Magnuson-Stevens Act require that, by
2010, FMPs for the fisheries determined by the Secretary of Commerce to
be subject to overfishing must establish a mechanism of specifying ACLs
at a level that prevents overfishing and does not exceed the fishing
level recommendations of the Council's Scientific and Statistical
Committee (SSC) or other established peer-review processes.
Additionally, AMs must be designed that are implemented when an ACL is
exceeded. According to the 2010 NMFS' Report on the Status of the U.S.
Fisheries, Caribbean queen conch is undergoing overfishing, as are
Grouper Units 1 and 4, Snapper Unit 1, and Parrotfish.
Actions Contained in the Amendment
Amendments 2 and 5 modify the species compositions in the reef fish
fishery management unit (FMU). The amendments also revise management
reference points to transition U.S. Caribbean reef fish and queen conch
management from that established in the Comprehensive Sustainable
Fisheries Amendment (Caribbean SFA Amendment) of 2005 to that mandated
by the revised Magnuson-Stevens Act. Additionally, Amendments 2 and 5
would establish the necessary procedures for determining and
implementing ACLs for the U.S. Caribbean island groups, including
Puerto Rico, St. Croix in the USVI, and the island group of St. Thomas
and St. John in the USVI. Management measures are also proposed to
implement harvest prohibitions for three parrotfish species (midnight,
blue, rainbow). Recreational bag limits for reef fish are proposed and
an additional harvest reduction for parrotfish only for St. Croix would
be established. The amendment also establishes AMs to respond to and
manage future harvest with respect to the ACLs. Finally, the amendment
establishes framework provisions for reef fish and queen conch.
[[Page 59376]]
Amend the Stock Complexes in the Reef Fish Fishery Management Unit
The snapper and grouper complexes included within the Reef Fish FMP
are currently composed of four grouper and four snapper units. At the
present time, unit composition excludes several species of commonly
harvested fish and does not aggregate species in an ecologically
consistent manner.
The black grouper is currently not included in any of the reef fish
species units although this species is frequently caught by
recreational anglers. The Council and NMFS propose to add black grouper
to Grouper Unit 4 with other grouper species that share common habitat
and depth preferences. Both misty and yellowedge grouper are presently
included in Grouper Unit 4, but these two species are found at water
depths much greater than are the other members currently in Grouper
Unit 4. Therefore, Amendments 2 and 5 propose to create a new Grouper
Unit 5 that would contain both misty and yellowedge grouper. Finally,
the creole-fish is rarely caught by commercial or recreational fishers
and is proposed to be removed from Grouper Unit 3.
The cardinal snapper is commonly caught by commercial fishers but
is not included in any current snapper unit. The amendment proposes to
add cardinal snapper to Snapper Unit 2 because of similarities with the
queen snapper in landings records and depth distribution. In contrast,
the wenchman is presently included as a member of Snapper Unit 2 but
clusters most closely with members of Snapper Unit 1 based upon depth
and habitat preferences and is therefore proposed to be moved into that
unit.
Revision of Management Reference Points
The Magnuson-Stevens Act requires that FMPs specify a number of
reference points for managed fish stocks, including maximum sustainable
yield (MSY), OY, and stock status determination criteria (including
overfished and overfishing thresholds). These reference points are
determined for the entire U.S. Caribbean and are intended to provide
the means to measure the status and performance of fisheries relative
to established goals. Available data in the U.S. Caribbean are not
sufficient to support direct estimation of these parameters. Thus, the
amendment proposes to use average landings as a proxy for MSY for all
units or complexes except queen conch and parrotfish. The MSY proxy of
queen conch and parrotfish would be set equal to the fishing level
recommendation specified by the Council's Scientific and Statistical
Committee (SSC) (i.e. the allowable biological catch (ABC)) for those
species. The overfishing threshold of all species will be defined as
the overfishing limit (OFL), which would equal the MSY proxy. For most
units or complexes, OY is proposed to equal the MSY proxy multiplied by
a reduction factor to account for uncertainty in the scientific and
management process, the proposed reduction factor being 0.85. The OY of
queen conch would not be reduced below the MSY proxy. Specifically for
Nassau grouper, goliath grouper, rainbow parrotfish, blue parrotfish,
and midnight parrotfish, the rule proposes to set the OY equal to zero.
Island Specific Management
This amendment also proposes island-specific management to enable
determination of ACLs and application of AMs in response to harvesting
activities on a single island (Puerto Rico, St. Croix) or island group
(St. Thomas/St. John) without affecting fishing activities on the other
islands or island groups. This amendment proposes to implement
geographical boundaries between islands and island groups based upon an
equidistant approach that uses the mid-point to divide the EEZ among
islands. The three proposed island management areas are Puerto Rico,
St. Croix, and St. Thomas/St. John.
Annual Catch Limits and Accountability Measures
This amendment proposes to establish ACLs and AMs for queen conch
and for all snapper, grouper, and parrotfish units or complexes in the
Caribbean Reef Fish FMP. Separate sector ACLs (commercial and
recreational) would be established for the Puerto Rico management area
where landings data are available for both the commercial and
recreational sectors. The other island management areas have only
commercial data available and therefore, ACLs would be established for
the St. Croix and St. Thomas/St. John management areas based on
commercial landings data only.
The ACLs proposed in Amendments 2 and 5 are derived from the OFL
(MSY proxy) (or SSC-recommended ABC) and most are reduced by 15 percent
to buffer against scientific and management uncertainty, reducing the
probability that overfishing will occur. The portion of the parrotfish
ACL allocated St. Croix is reduced by an additional 5.8822 percent to
further reduce the impacts of parrotfish harvest on Acropora coral
species in St. Croix waters, where parrotfish harvest is particularly
intense. This amendment specifies an ACL of zero for Nassau grouper,
goliath grouper, rainbow parrotfish, blue parrotfish, and midnight
parrotfish. The amendment also proposes an ACL equal to the ABC
recommended by the SSC for queen conch, which is far below recent
average landings.
Management Measures
Amendments 2 and 5 propose to establish a recreational bag limit
for the harvest of snapper, grouper and parrotfish. This amendment also
proposes a vessel limit on snapper, grouper, and parrotfish.
Accountability Measures
Accountability measures are designed to prevent fishermen from
exceeding the snapper, grouper, parrotfish and queen conch ACLs. The
amendment proposes to implement AMs if an ACL has been exceeded based
upon a moving multi-year average of landings. Post-season AMs are
proposed that would ensure the ACL is not exceeded in the year
following a reported ACL overage based on a moving-year evaluation of
landings and a subsequent reduction in the length of the fishing season
in the following year. If it is determined that the overage occurred
because data collection and monitoring improved rather than because
catches actually increased, AMs may not be applied.
Framework Measures
Amendments 2 and 5 propose framework measures for both the reef
fish and queen conch FMPs. Management measures proposed to be adjusted
through the framework procedure include quotas, closures, limits, gear
rules, and reference point modifications. The purpose of the framework
is to allow the Council to expeditiously adjust these reference points
and management measures in response to changing fishery conditions.
Consideration of Public Comments
A proposed rule that would implement measures outlined in
Amendments 2 and 5 has been received from the Council. In accordance
with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to
determine whether it is consistent with the FMPs, the Magnuson-Stevens
Act, and other applicable law. If the determination is affirmative,
NMFS will publish the proposed rule in the Federal Register for public
review and comment.
Comments received by November 25, 2011, whether specifically
directed to the amendment or the proposed rule,
[[Page 59377]]
will be considered by NMFS in its decision to approve, disapprove, or
partially approve the amendment. Comments received after that date will
not be considered by NMFS in this decision. All comments received by
NMFS on the amendment or the proposed rule during their respective
comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-24676 Filed 9-23-11; 8:45 am]
BILLING CODE 3510-22-P
