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, 66675-66681 [2011-27741]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Proposed Rules]
[Pages 66675-66681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27741]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100120037-1626-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement Amendment 2 to the Fishery 
Management Plan for Queen Conch Resources of Puerto Rico and the U.S. 
Virgin Islands and Amendment 5 to the Fishery Management Plan for the 
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands 
(Amendments 2 and 5), prepared by the Caribbean Fishery Management 
Council (Council). This proposed rule would: establish annual catch 
limits (ACLs) and accountability measures (AMs) for queen conch and for 
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 commercial and recreational sectors; revise the composition of 
the snapper and grouper complexes; prohibit fishing for and possession 
of three parrotfish species; 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 effect of the rule is 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 18, 
2011.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2010-0028,'' by any of the following methods:
     Electronic Submissions: Submit all 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: https://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 rule will not 
be considered.
    Electronic copies of Amendments 2 and 5, which include an 
Environmental Impact Statement (EIS), an initial regulatory flexibility 
analysis (IRFA), a regulatory impact review, and a fishery impact 
statement may be obtained from the Southeast Regional Office Web site 
at https://sero.nmfs.noaa.gov/sf/sf.htm.

FOR FURTHER INFORMATION CONTACT: Bill Arnold, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, e-mail: Bill.Arnold@noaa.gov.

SUPPLEMENTARY INFORMATION: 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 Fishery Management Plan of Puerto Rico and the USVI. 
These FMPs were prepared by the Council and are implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    The 2006 reauthorization of the Magnuson-Stevens Act requires that, 
in 2010, FMPs for the fisheries determined by the Secretary of Commerce 
to be subject to overfishing establish a mechanism of specifying ACLs 
at a level that prevents overfishing and helps achieve OY within a 
fishery. Additionally, FMPs must specify accountability measures to 
ensure ACLs are not exceeded or mitigate if they are exceeded.
    NMFS' 2011 Report on the Status of U.S. Fisheries classifies 
Caribbean queen conch, Grouper Units 1 and 4, Snapper Unit 1, and 
parrotfishes as undergoing overfishing.

Provisions Contained in This Proposed Rule

Amend the Composition of Stock Complexes

    The snapper and grouper complexes included within the Reef Fish FMP 
for the U.S. Caribbean are currently composed of four grouper units and 
four snapper units. Unit composition presently excludes several species 
of commonly harvested fish and also fails to aggregate species in an 
ecologically consistent manner.
    The black grouper (Mycteroperca bonaci) is not included in any of 
the units although this species is frequently caught by recreational 
anglers. This rule would add black grouper to Grouper Unit 4 along with 
other members of that unit with common habitat and depth preferences. 
Both misty (Epinephelus mystacinus) and yellowedge (E. flavolimbatus) 
grouper are presently included in Grouper Unit 4, but these two species 
are found at water depths much greater than are the other members of 
Grouper Unit 4. Therefore, the Council and NMFS propose to create a new 
Grouper Unit 5 that would contain both misty and yellowedge grouper. 
Finally, the creole-fish (Paranthias furcifer) is proposed to be 
removed from the FMP. An adjusted average of about 15 lb (6.8 kg) of 
creole-fish was reported to have been landed by the commercial sector 
between 1983 and 2007, and no recreational landings have been reported 
between 2000 and

[[Page 66676]]

2007. The Council determined that this species was not in need of 
Federal conservation and management.
    The cardinal snapper (Pristipomoides macropthalmus) is commonly 
caught by commercial fishers but is not currently included in any 
snapper unit. This rule would add cardinal snapper to Snapper Unit 2 
because of similarities with the queen snapper (Etelis oculatus) in 
landings records and depth distribution. In contrast, the wenchman (P. 
aquilonaris) presently is included as a member of Snapper Unit 2 but 
clusters most closely with members of Snapper Unit 1 (silk (Lutjanus 
vivanus), black (Apsilus dentatus), blackfin (L. buccanella), and 
vermilion (Rhomboplites aurorubens)), based upon depth and habitat 
preferences, and is therefore proposed to be moved into that unit.

Revise 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 that can be 
used to determine overfished and overfishing thresholds. These 
reference points are intended to provide the means to measure the 
status and performance of fisheries relative to established goals and 
are used to establish ACLs.
    Proxies have been established for these reference points because 
available data in the U.S. Caribbean are not sufficient to support 
direct estimation of these parameters. The FMP Amendments would revise 
three of those proxies. First, it would use average catch as a proxy 
for MSY for all units or complexes except queen conch and parrotfish. 
The time period during which average catch is calculated for those 
species is 1999-2005 for the commercial sectors of Puerto Rico and St. 
Croix, 2000-2005 for the recreational sector of Puerto Rico, and 2000-
2005 for the commercial sector of St. Thomas/St. John. These year 
sequences represent the longest time series of catch data prior to the 
Comprehensive Sustainable Fisheries Act Amendment (which included 
provisions that may have substantially altered catch patterns) that the 
Council considers to be consistently reliable across all U.S. Caribbean 
islands. The MSY proxy of queen conch and parrotfish would be set equal 
to the fishing level recommendation specified by the Council's SSC 
(i.e. the allowable biological catch (ABC)) for those species. Second, 
the Amendments would define the overfishing threshold of all species as 
the overfishing limit (OFL), which would equal the MSY proxy. Third, 
for most units or complexes, OY is proposed to equal the MSY proxy 
multiplied by a proposed reduction factor of 0.85 to account for 
uncertainty in the scientific and management process. The OY of queen 
conch would not be reduced below the MSY proxy. For Nassau grouper, 
goliath grouper, rainbow parrotfish, blue parrotfish, and midnight 
parrotfish, the rule would set the OY equal to zero.

Island Specific Management

    This rule also would establish island-specific management to enable 
application of AMs in response to harvesting activities on a single 
island (Puerto Rico, St. Croix) or island group (St. Thomas/St. John) 
without necessarily affecting fishing activities on the other islands 
or island groups. For example, if the ACL for the grouper complex is 
divided among Puerto Rico, St. Croix and St. Thomas/St. John and the 
St. Croix fishery exceeds its grouper ACL, then an AM can be applied in 
the Federal waters surrounding St. Croix without necessarily affecting 
the harvest of groupers in Federal waters surrounding Puerto Rico or 
St. Thomas/St. John. This rule would establish geographic boundaries 
between islands/island groups based upon an equidistant approach that 
uses a mid-point to divide the exclusive economic zone (EEZ) among 
islands. The three island management areas include: Puerto Rico, St. 
Croix, and St. Thomas/St. John.

Establish Annual Catch Limits and Accountability Measures

    This rule would establish ACLs and AMs for queen conch and for all 
snapper, grouper, and parrotfish units or complexes in the Caribbean 
Reef Fish FMP. Each ACL would be sub-divided among the three islands/
island groups. 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. For the 
other island management areas (St. Croix and St. Thomas/St. John), only 
commercial data are available; therefore, ACLs would be established for 
the St. Croix and St. Thomas/St. John management areas based on 
commercial landings data only. Commercial data used to monitor those 
ACLs would be derived from trip ticket reports collected from 
territorial governments and recreational data used to monitor the 
Puerto Rico recreational ACLs would be derived from the Marine 
Recreational Fisheries Statistics Survey or Marine Recreational 
Information Program (MRIP). U.S. Caribbean landings data generally do 
not provide useful information at the species level. The only exception 
to this situation is snapper data in Puerto Rico, where approximately 
95 percent of all fish are reported to the species level. In the USVI, 
all snapper, grouper, and parrotfish landings are reported only to the 
complex level. Even in Puerto Rico, approximately 99 percent of 
parrotfish are reported only to the complex level and roughly 65 
percent of grouper are reported only to the complex level. Thus, this 
rule would set unit-specific ACLs only for snapper units in Puerto 
Rico. For all other species in each island management area, aggregate 
ACLs would be established at the complex level.
    The ACLs proposed for these units or complexes 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 to St. Croix is reduced by an additional 
5.8822 percent to further reduce the impacts of parrotfish harvest on 
Acropora species in St. Croix waters, where parrotfish harvest is 
particularly intense. The rule would specify an ACL of zero for Nassau 
grouper, goliath grouper, rainbow parrotfish, blue parrotfish, and 
midnight parrotfish. The rule would establish an ACL equal to the ABC 
recommended by the SSC for queen conch, which is far below average 
landings.
    The AMs for queen conch are described in the 2010 regulatory 
amendment (final rule published on May 26, 2011, 76 FR 30554) to the 
FMP for Queen Conch Resources of Puerto Rico and the USVI, and state 
that when the USVI closes its territorial waters off St. Croix to the 
harvest and possession of queen conch, NMFS will concurrently close the 
EEZ in the area of Lang Bank until the start of the next territorial 
fishing season. For Puerto Rico and St. Thomas/St. John, the applicable 
ACL would be set at zero and so harvest would be prohibited in the EEZ 
for those areas.
    The AMs proposed in this rule are designed to prevent fishermen 
from exceeding the snapper, grouper, and parrotfish ACLs. For AMs, two 
components are considered, the first identifies the conditions under 
which AMs would be triggered and the second describes the action(s) 
that would occur if AMs are triggered. This rule triggers AMs if NMFS' 
SEFSC determines that an ACL has been exceeded based on a moving multi-
year average of landings as described in the FMP. Both commercial and 
recreational landings of

[[Page 66677]]

a species, unit, or complex vary substantially from year to year; 
applying a multi-year average is intended to address that variability. 
The rule would reduce the length of the fishing season for the affected 
species, unit or complex the year following any year it is determined 
that the ACL was exceeded by the amount needed to prevent such an 
overage from occurring again. The AM is triggered unless NMFS' SEFSC, 
in consultation with the Council and its SSC, determines the overage 
occurred because data collection and monitoring improved, rather than 
because catches actually increased. In such circumstances NMFS and the 
Council would review the relevant information and take further action 
as appropriate.

General Management Measures

    Parrotfish are considered to perform an important ecological 
function on U.S. Caribbean coral reefs, grazing algae, which competes 
for space with a variety of coral species. These species include 
Acropora palmata and A. cervicornis, both of which are listed as 
threatened under the Endangered Species Act. Critical habitat has been 
designated for these coral species, and the essential feature of the 
critical habitat is available substrate free of macroalgae at certain 
depths. Parrotfish are also considered a cultural component of the U.S. 
Caribbean diet in some areas, especially in St. Croix. This rule would 
prohibit the harvest of the three largest species of parrotfish that 
occur on Caribbean coral reefs blue (Scarus coeruleus), midnight (S. 
coelestinus), and rainbow (S. guacamaia) parrotfish. These species tend 
to grow slowly and have relatively long timeframes for population 
replenishment relative to other parrotfish species, making them 
particularly susceptible to overharvest.
    Additionally, this rule would establish an aggregate bag limit for 
the recreational harvest of snapper, grouper and parrotfish. The daily 
recreational bag limit for snapper, grouper, and parrotfish combined is 
proposed to be five fish per person per day, with no more than two 
parrotfish per person within the aggregate. This rule also would 
establish a vessel limit on snapper, grouper, and parrotfish of 15 fish 
per day, including no more than 6 parrotfish per vessel per day.

Framework Measures

    This rule would establish framework measures for both the reef fish 
and queen conch FMPs. Management measures proposed to be adjusted 
through framework amendments include but are not limited to quotas, 
closures, trip limits, bag limits, size limits, gear restrictions, 
fishing years, and reference points. The purpose of these framework 
measures is to allow the Council to more expeditiously adjust 
management in response to changing fishery conditions.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 2 to the Queen Conch FMP and Amendment 5 to 
the Reef Fish FMP, other provisions of the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. However, ACLs are a controversial 
issue in the U.S. Caribbean, which is a region with populations 
characterized by large percents of racial/ethnic minorities, high 
poverty rates, and low median household incomes. Moreover, commercial 
fishermen of St. Croix and St. Thomas/St. John would experience a 
substantially greater adverse economic impact relative to their 
counterparts in Puerto Rico.
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act (RFA), for this proposed rule. The IRFA describes the 
economic impact that this proposed rule, if adopted, would have on 
small entities. A description of the action, why it is being 
considered, the objectives of, and legal basis for this action are 
contained at the beginning of this section in the preamble and in the 
SUMMARY section of the preamble. A copy of the full analysis is 
available from the Council (see ADDRESSES). A summary of the IRFA 
follows.
    The proposed rule, which consists of several actions, would: 
Prohibit fishing for and possession of three species of parrotfish; 
establish recreational bag limits for parrotfish, snapper and grouper; 
specify ACLs and AMs for Caribbean queen conch, parrotfish, snapper and 
grouper; and establish framework measures to facilitate regulatory 
modifications. The establishment of ACLs is based on the revised 
management reference points and status determination criteria for 
Caribbean queen conch, snapper, grouper, and parrotfish that are 
contained in the FMP Amendment.
    The Magnuson-Stevens Act provides the statutory basis for the 
proposed rule.
    While existing Federal regulations that NMFS enforces presently 
impose seasonal or year-round prohibitions on fishing for snapper, 
grouper, parrotfish and queen conch in Federal waters of the U.S. 
Caribbean, no duplicative, overlapping, or conflicting Federal rules to 
these proposed rules have been identified. The proposed rule would not 
alter existing reporting or record-keeping requirements; however, it 
would prohibit fishing for and possession of blue, midnight and rainbow 
parrotfish in the EEZ; establish recreational bag limits for 
parrotfish, snapper and grouper; and provide NMFS the authority to 
restrict harvest in areas of the EEZ where annual or average annual 
landings of a stock, complex or unit exceed the ACL. The AMs may 
constitute a new compliance requirement and are analyzed later in the 
IRFA.
    A business is classified as a small business for the purposes of 
the RFA if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and has combined 
annual receipts or number of employees not in excess of the Small 
Business Administration's (SBA's) size standards. This proposed rule is 
expected to directly affect businesses that harvest parrotfish, 
snapper, grouper and queen conch from Federal waters off Puerto Rico 
and the USVI. These businesses are in the Finfish Fishing (NAICS 
114111), Shellfish Fishing (NAICS 114112) and Charter Fishing 
Industries (NAICS 487210). The Finfish and Shellfish Fishing Industries 
have an SBA size standard of $4.0 million in annual receipts, and the 
Charter Fishing Industry's size standard is $7.0 million in annual 
receipts. The IRFA assumes all commercial (finfish and shellfish) and 
charter fishing businesses that operate in the U.S. Caribbean have 
annual receipts less than these size standards, and therefore are small 
businesses.
    In 2008, there were 868 active commercial fishermen in Puerto Rico; 
74 percent of these fishermen were captains and the remaining 26 
percent were crew members. The IRFA assumes each captain represents a 
small business in the Finfish Fishing Industry and each member of the 
crew an employee of one of those businesses. Therefore, it is concluded 
that there are 638 small businesses in the Finfish Fishing Industry in 
Puerto Rico, and potentially all of these businesses could be directly 
affected by the proposed rule. In 2008, there were 223 licensed 
commercial fishermen in St. Croix and 160 in St. Thomas/St. John. There 
is a moratorium on the number of USVI commercial fishing licenses, so 
the IRFA assumes the 223 commercial fishermen in St. Croix and 160 
commercial fishermen in St. Thomas/St. John represent 383 small

[[Page 66678]]

businesses in the Finfish Fishing Industry in the USVI that could be 
directly affected by the proposed rule.
    Current regulations prohibit fishing for or transportation of queen 
conch in the EEZ off Puerto Rico and St. Thomas/St. John, and the 
proposed rule would not end that prohibition. Hence, the proposed rule 
would not apply to small businesses in the Shellfish Fishing Industry 
in Puerto Rico and St. Thomas/St. John. Thirty-nine percent of St. 
Croix's licensed commercial fishermen in 2003 reported that they 
targeted conch. Thus, it is assumed that 39 percent of St. Croix's 223 
commercial fishermen represent 87 small businesses in the Shellfish 
Fishing Industry that harvest queen conch and could be directly 
affected by the proposed rule.
    There are an estimated 9 small businesses in the Charter Fishing 
Industry in Puerto Rico, 12 such businesses in St. Thomas/St. John and 
1 in St. Croix. The proposed rule would apply to all of these small 
businesses.
    The proposed rule would apply to all small businesses in Puerto 
Rico, St. Croix and St. Thomas/St. John within the Finfish Fishing and 
Charter Fishing Industries. Moreover, it would apply to all of the 
small businesses in St. Croix in the Shellfish Fishing Industry. 
Therefore, the proposed rule applies to a substantial number of small 
entities in the U.S. Caribbean in these industries.
    Charter fishing operations in Puerto Rico and the USVI target 
pelagic species and tend not to target snapper, grouper, parrotfish or 
queen conch in Federal waters. Consequently, NMFS expects that small 
businesses in the Charter Fishing Industry in Puerto Rico, St. Croix or 
St. Thomas/St. John would experience little to no adverse economic 
impact because of the proposed rule.
    The proposed St. Croix Queen Conch ACL is consistent with the USVI 
Department of Planning and Natural Resources' (DPNR's) annual quota of 
50,000 lb (22,680 kg) of queen conch in St. Croix. Once the DPNR has 
determined that the quota is met, the queen conch fishery in both 
territorial and Federal waters is closed and no landings of queen conch 
in St. Croix are permitted for the remainder of the fishing season. The 
matching of the proposed St. Croix Queen Conch ACL with the already 
established annual quota in St. Croix should result in no adverse 
economic impact on small businesses of St. Croix in the Shellfish 
Fishing Industry.
    The proposed ban on fishing for and possession of blue, midnight 
and rainbow parrotfish in the EEZ is not expected to have an adverse 
economic impact on small businesses in the Finfish Fishing Industry in 
Puerto Rico because these species are harvested in territorial, not 
Federal, waters. Commercial landings of these species in the USVI are 
unknown, and, consequently, any adverse economic impacts of the 
prohibition on commercial fishing operations are unknown. One way for 
these small businesses in St. Croix and St. Thomas/St. John to mitigate 
loss of landings and associated revenues of these species of parrotfish 
would be to increase landings of other parrotfish or non-parrotfish 
species taken in the EEZ; however, the ability to increase landings of 
other parrotfish or snapper and grouper would be limited or could be 
eliminated by the proposed ACLs and AMs. USVI small businesses could 
also mitigate adverse impacts by increasing harvest in territorial 
waters. However, the ability of small businesses in Puerto Rico and the 
USVI to mitigate losses by increasing effort in territorial waters 
would be eliminated if Puerto Rico and the USVI were to implement 
compatible regulations.
    A comparison of the proposed Puerto Rico commercial ACLs for 
Snapper Units 1 through 4, Grouper, and Parrotfish to average annual 
commercial landings from 2006 to 2007 suggests the proposed commercial 
ACLs for Snapper Units 1, 3 and 4, Grouper, and Parrotfish would not 
require reductions in the lengths of the Federal commercial fishing 
seasons for these complexes and units in the Puerto Rico EEZ. 
Therefore, there would be no adverse economic impact on small 
businesses in Puerto Rico that harvest these species.
    The proposed Puerto Rico commercial Snapper Unit 2 ACL is less than 
the expected average annual landings of Snapper Unit 2 from 2010 and 
thereafter, which suggests there would be an overage of Snapper Unit 2 
landings beginning in 2010 that would require a shortened Federal 
fishing season in the Puerto Rico EEZ in a subsequent year by 1.2 days. 
Puerto Rico's commercial fishermen could mitigate the shortened Snapper 
Unit 2 fishing season in the Puerto Rico EEZ by targeting other snapper 
and non-snapper species during the time that the Federal Snapper Unit 2 
fishing season is closed, or they could move into territorial waters to 
harvest Snapper Unit 2 species during the time the Federal season is 
closed. Approximately 95 percent of fishable area off Puerto Rico is in 
territorial waters. If a shortened Federal fishing season is no more 
than 10 percent effective in reducing the overage as a result of 
shifting effort into territorial waters, the total loss of ex-vessel 
revenue from Snapper Unit 2 landings would be no more than 
approximately $104,812 over a 10-year period. The average 10-year loss 
per small business in the Finfish Fishing Industry in Puerto Rico would 
be approximately $163.
    This proposed rule is expected to have a greater adverse economic 
impact on small businesses in the Finfish Fishing Industry in St. Croix 
and St. Thomas/St. John. St. Croix small businesses would incur from 73 
to 76 percent of the total cost, and St. Thomas/St. John small 
businesses would incur from 23 to 26 percent of the total cost, while 
Puerto Rico's small businesses would incur approximately 1 percent of 
the total cost.
    The percent of fishable area in the USVI's territorial waters is 
significantly less than the percent of fishable area in Puerto Rico's 
territorial waters. Thirty-eight percent of fishable area off the USVI 
lies within the U.S. Caribbean EEZ, and a larger share of landings in 
St. Croix and St. Thomas/St. John derive from fishing in the EEZ than 
in Puerto Rico. Hence, it is more difficult for USVI fishermen to 
substitute fishing in territorial waters for fishing in Federal waters.
    The estimates of the adverse economic impacts of the proposed rule 
on small businesses in the Finfish Industry in St. Croix and St. 
Thomas/St. John include uncertainty regarding the ability of the 
proposed AMs to reduce the overage of landings depending on whether, 
and to what extent, fishing effort shifts into territorial waters. 
Three scenarios are assumed to incorporate that uncertainty. The first 
assumes the proposed AMs reduce the overage of landings by 30 percent, 
the second, by 50 percent, and the third, by 80 percent. The total 
adverse economic impact on St. Croix's 223 small businesses would be 
losses of ex-vessel revenue ranging from approximately $5.12 million to 
$7.68 million over the 10-year period from 2011 to 2020, and the 
adverse economic impact on St. Thomas/St. John's 160 small businesses 
would be losses of ex-vessel revenue ranging from approximately $1.81 
million to $2.30 million over the same period. The average total cost 
per small business in St. Croix would range from $22,959 to $34,437, 
and the average total cost per small business in St. Thomas/St. John 
would range from $11,304 to $14,359 over that period.
    Among the considered but rejected significant alternatives for 
Action 5A, which addresses the triggering of AMs, were Alternatives 2A 
and 3A, which would use a single year's landings to trigger the AMs. 
Also considered but rejected were Alternatives 2B and 3B

[[Page 66679]]

that would use a single year's landings in 2010 and then use a 2-year 
annual average starting in 2011 and continue it thereafter to trigger 
the AMs. Preferred Alternative 3C and Alternative 2C would use a 3-year 
average starting in 2012 and continue it thereafter. The adverse 
economic impact of Preferred Alternative 3C is less than the adverse 
economic impacts of rejected Alternatives 2B, 3B, 2A and 3A because it 
would likely result in fewer shortened fishing seasons as a result of 
triggering AMs.
    Alternative 3 of Action 5b, which addresses the application of AMs, 
was considered but rejected because it would require a larger reduction 
in the Federal fishing season than Preferred Alternative 2, which would 
increase the adverse economic impact.
    Considered but rejected significant alternatives would have 
established reduced ACLs with respect to the selected ACL alternative. 
Preferred Alternative 2d would have a smaller adverse economic impact 
than considered but rejected Alternatives 2e and 2f because the latter 
would set smaller ACLs. Rejected Alternative 2c would have a smaller 
adverse economic impact than Preferred Alternative 2d; however, 
Alternative 2c does not allow for uncertainty and could yield lower 
long-run benefits to small businesses.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: October 19, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority:  16 U.S.C. 1801 et seq.

    2. In Sec.  622.32, paragraph (b)(1)(v) is added to read as 
follows:


Sec.  622.32  Prohibited and limited-harvest species.

* * * * *
    (b) * * *
    (1) * * *
    (v) No person may fish for or possess midnight parrotfish, blue 
parrotfish, or rainbow parrotfish in or from the Caribbean EEZ. Such 
fish caught in the Caribbean EEZ must be released with a minimum of 
harm.
* * * * *
    3. In Sec.  622.33, paragraph (d)(1) is revised to read as follows:


Sec.  622.33  Caribbean EEZ seasonal and/or area closures.

* * * * *
    (d) * * *
    (1) Pursuant to the procedures and criteria established in the FMP 
for Queen Conch Resources in Puerto Rico and the U.S. Virgin Islands, 
when the ACL, as specified in Sec.  622.49(c)(2)(i)(A), is reached or 
projected to be reached, the Regional Administrator will close the 
Caribbean EEZ to the harvest and possession of queen conch, in the area 
east of 64[deg]34[min] W. longitude which includes Lang Bank, east of 
St. Croix, U.S. Virgin Islands, by filing a notification of closure 
with the Office of the Federal Register.
* * * * *
    4. In Sec.  622.39, paragraph (g) is added to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (g) Caribbean reef fish--(1) Applicability. Paragraph (a)(1) of 
this section notwithstanding, the bag limits of paragraph (g)(2) of 
this section do not apply to a person who has a valid commercial 
fishing license issued by Puerto Rico or the U.S. Virgin Islands.
    (2) Bag limits. Groupers, snappers, and parrotfishes combined--5 
per person per day or, if 3 or more persons are aboard, 15 per vessel 
per day; but not to exceed 2 parrotfish per person per day or 6 
parrotfish per vessel per day.
    5. In Sec.  622.48, paragraph (b) is revised and paragraph (m) is 
added to read as follows:


Sec.  622.48  Adjustment of management measures.

* * * * *
    (b) Caribbean reef fish. Fishery management units (FMUs), quotas, 
trip limits, bag limits, size limits, closed seasons or areas, gear 
restrictions, fishing years, MSY, OY, TAC, maximum fishing mortality 
threshold (MFMT), minimum stock size threshold (MSST), overfishing 
limit (OFL), acceptable biological catch (ABC) control rules, ACLs, 
AMs, ACTs, and actions to minimize the interaction of fishing gear with 
endangered species or marine mammals.
* * * * *
    (m) Caribbean queen conch. Quotas, trip limits, bag limits, size 
limits, closed seasons or areas, gear restrictions, fishing year, MSY, 
OY, TAC, MFMT, MSST, OFL, ABC control rules, ACLs, AMs, ACTs, and 
actions to minimize the interaction of fishing gear with endangered 
species or marine mammals.
    6. In Sec.  622.49, the section heading is revised and paragraph 
(c) is added to read as follows:


Sec.  622.49  Annual catch limits (ACLs) and accountability measures 
(AMs).

* * * * *
    (c) Caribbean island management areas. If landings from a Caribbean 
island management area, as specified in Appendix E to part 622, except 
for landings of queen conch (see Sec.  622.33(d)), are estimated by the 
SRD to have exceeded the applicable ACL, as specified in paragraph 
(c)(1) of this section for Puerto Rico management area species or 
species groups, paragraph (c)(2) of this section for St. Croix 
management area species or species groups, or paragraph (c)(3) for St. 
Thomas/St. John management area species or species groups, the AA will 
file a notification with the Office of the Federal Register, at or near 
the beginning of the following fishing year, to reduce the length of 
the fishing season for the applicable species or species groups that 
year by the amount necessary to ensure landings do not exceed the 
applicable ACL. If NMFS determines the ACL for a particular species or 
species group was exceeded because of enhanced data collection and 
monitoring efforts instead of an increase in total catch of the species 
or species group, NMFS will not reduce the length of the fishing season 
for the applicable species or species group the following fishing year. 
Landings will be evaluated relative to the applicable ACL based on a 
moving multi-year average of landings, as described in the FMP. With 
the exceptions of Caribbean queen conch in Puerto Rico and St. Thomas/
St. John management areas, goliath grouper, Nassau grouper, midnight 
parrotfish, blue parrotfish, and rainbow parrotfish, ACLs are based on 
the combined Caribbean EEZ and territorial landings for each management 
area. The ACLs specified in paragraphs (c)(1), (c)(2), and (c)(3) of 
this section are given in round weight. (See Sec.  622.32 for 
limitations on taking prohibited and limited harvest species. The 
limitations in Sec.  622.32 apply without regard to whether the species 
is harvested by a vessel operating under a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands or by a person 
subject to the bag limits.)
    (1) Puerto Rico--(i) Commercial ACLs. The following ACLs apply to 
commercial landings of Puerto Rico management area species or species 
groups.

[[Page 66680]]

    (A) Queen conch--0 lb (0 kg), for the EEZ only.
    (B) Parrotfishes--52,737 lb (23,915 kg).
    (C) Snapper Unit 1--284,685 lb (129,131 kg).
    (D) Snapper Unit 2--145,916 lb (66,186 kg).
    (E) Snapper Unit 3--345,775 lb (156,841 kg).
    (F) Snapper Unit 4--373,295 lb (169,324 kg).
    (G) Groupers--177,513 lb (80,519 kg).
    (ii) Recreational ACLs. The following ACLs apply to recreational 
landings of Puerto Rico management area species or species groups.
    (A) Queen conch--0 lb (0 kg), for the EEZ only.
    (B) Parrotfishes--15,263 lb (6,921 kg).
    (C) Snapper Unit 1--95,526 lb (43,330 kg).
    (D) Snapper Unit 2--34,810 lb (15,790 kg).
    (E) Snapper Unit 3--83,158 lb (37,720 kg).
    (F) Snapper Unit 4--28,509 lb (12,931 kg).
    (G) Groupers--77,213 lb (35,023 kg).
    (2) St. Croix--(i) ACLs. The following ACLs apply to landings of 
St. Croix management area species or species groups.
    (A) Queen conch--50,000 lb (22,680 kg).
    (B) Parrotfishes--240,000 lb (108,863 kg).
    (C) Snappers--102,946 lb (46,696 kg).
    (D) Groupers--30,435 lb (13,805 kg).
    (ii) [Reserved]
    (3) St. Thomas/St. John--(i) ACLs. The following ACLs apply to 
landings of St. Thomas/St. John management area species or species 
groups.
    (A) Queen conch--0 lb (0 kg), for the EEZ only.
    (B) Parrotfishes--42,500 lb (19,278 kg).
    (C) Snappers--133,775 lb (60,679 kg).
    (D) Groupers--51,849 lb (23,518 kg).
    (ii) [Reserved]
    7. In table 2 of Appendix A,
    a. Under Lutjanidae--Snappers, units 1 and 2 are revised;
    b. Under Serranidae--Sea basses and Groupers, units 3 and 4 are 
revised; and
    c. Under Serranidae--Sea basses and Groupers, unit 5 is added.
    The revisions and additions read as follows:

Appendix A to Part 622--Species Tables

* * * * *

Table 2 of Appendix A to Part 622--Caribbean Reef Fish

Lutjanidae--Snappers

Unit 1
    Black snapper, Apsilus dentatus
    Blackfin snapper, Lutjanus buccanella
    Silk snapper, Lutjanus vivanus
    Vermilion snapper, Rhomboplites aurorubens
    Wenchman, Pristipomoides aquilonaris
Unit 2
    Cardinal, Pristipomoides macrophthalmus
    Queen snapper, Etelis oculatus
* * * * *

Serranidae--Sea basses and Groupers

* * * * *
Unit 3
    Coney, Epinephelus fulvus
    Graysby, Epinephelus cruentatus
    Red hind, Epinephelus guttatus
    Rock hind, Epinephelus adscensionis
Unit 4
    Black grouper, Mycteroperca bonaci
    Red grouper, Epinephelus morio
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Unit 5
    Misty grouper, Epinephelus mystacinus
    Yellowedge grouper, Epinephelus flavolimbatus
* * * * *
    8. Appendix E to part 622 is added to read as follows:

Appendix E to Part 622--Caribbean Island/Island Group Management Areas

Table 1 of Appendix E to Part 622--Coordinates of the Puerto Rico 
Management Area.

    The Puerto Rico management area is bounded by rhumb lines 
connecting, in order, the following points.

------------------------------------------------------------------------
            Point                   North lat.            West long.
------------------------------------------------------------------------
A (intersects with the         19[deg]37'29''        65[deg]20'57''
 International/EEZ boundary).
B (intersects with the EEZ/    18[deg]25'46.3015''   65[deg]06'31.866''
 Territorial boundary).
From Point B, proceed          ....................  ...................
 southerly along the EEZ/
 Territorial boundary to
 Point C
C (intersects with the EEZ/    18[deg]13'59.0606''   65[deg]05'33.058''
 Territorial boundary).
D............................  18[deg]01'16.9636''   64[deg]57'38.817''
E............................  17[deg]30'00.000''    65[deg]20'00.1716''
F............................  16[deg]02'53.5812''   65[deg]20'00.1716''
From Point F, proceed          ....................  ...................
 southwesterly, then
 northerly, then easterly,
 and finally southerly along
 the International/EEZ
 boundary to Point A
A (intersects with the         19[deg]37'29''        65[deg]20'57''
 International/EEZ boundary).
------------------------------------------------------------------------

Table 2 of Appendix E to Part 622--Coordinates of the St. Croix 
Management Area.

    The St. Croix management area is bounded by rhumb lines 
connecting, in order, the following points.

------------------------------------------------------------------------
            Point                   North lat.            West long.
------------------------------------------------------------------------
G............................  18[deg]03'03''        64[deg]38'03''
From Point G, proceed          ....................  ...................
 easterly, then southerly,
 then southwesterly along the
 EEZ/Territorial boundary to
 Point F.
F............................  16[deg]02'53.5812''   65[deg]20'00.1716''
E............................  17[deg]30'00.000''    65[deg]20'00.1716''
D............................  18[deg]01'16.9636''   64[deg]57'38.817''
G............................  18[deg]03'03''        64[deg]38'03''
------------------------------------------------------------------------


[[Page 66681]]

Table 3 of Appendix E to Part 622--Coordinates of the St. Thomas/St. 
John Management Area.

    The St. Thomas/St. John management area is bounded by rhumb 
lines connecting, in order, the following points.

------------------------------------------------------------------------
            Point                   North lat.            West long.
------------------------------------------------------------------------
A (intersects with the         19[deg]37'29''        65[deg]20'57''
 International/EEZ boundary).
From Point A, proceed          ....................  ...................
 southeasterly along the EEZ/
 Territorial boundary to
 Point G
G............................  18[deg]03'03''        64[deg]38'03''
D............................  18[deg]01'16.9636''   64[deg]57'38.817''
C (intersects with the EEZ/    18[deg]13'59.0606''   65[deg]05'33.058''
 Territorial boundary).
From Point C, proceed          ....................  ...................
 northerly along the EEZ/
 Territorial boundary to
 Point B
B (intersects with the EEZ/    18[deg]25'46.3015''   65[deg]06'31.866''
 Territorial boundary).
A (intersects with the         19[deg]37'29''        65[deg]20'57''
 International/EEZ boundary).
------------------------------------------------------------------------

[FR Doc. 2011-27741 Filed 10-26-11; 8:45 am]
BILLING CODE 3510-22-P