Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands, 9800-9803 [2016-04094]
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Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules
prohibit several particularly effective
methods and means for take of
predators; and to update our public
participation and closure procedures.
The proposed rule would not change
Federal subsistence regulations or
restrict the taking of fish or wildlife for
subsistence uses under Federal
subsistence regulations.
We received multiple requests from
several entities, including the Alaska
Congressional Delegation and the
Governor of Alaska, to extend the
comment period on the proposed rule.
In order to provide all interested parties
an additional opportunity to review and
comment on our proposed rule, we are
extending the comment period on the
proposed rule for an additional 30 days,
until April 7, 2016.
If you previously submitted
comments or information on the
proposed rule, please do not resubmit
them. We have incorporated them into
the public record, and we will fully
consider them in our final rulemaking.
Our final determination concerning the
proposed rulemaking will take into
consideration all written comments and
any additional information we receive.
You may submit your comments and
any associated materials concerning the
proposed rule by one of the methods
listed in ADDRESSES. We request that
you send comments only by the
methods described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
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We will post all hardcopy submissions
on https://www.regulations.gov.
Authority
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The authority for this action is 5
U.S.C. 301; 16 U.S.C. 460k et seq., 664,
668dd–668ee, 715i, and 3101 et seq.
Dated: February 19, 2016.
Michael J. Bean,
Deputy Assistant Secretary, Fish and Wildlife
and Parks.
[FR Doc. 2016–04133 Filed 2–25–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150623546–6098–01]
RIN 0648–BF18
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendments to the Reef Fish, Spiny
Lobster, Queen Conch, and Corals 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: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
measures described in Amendment 7 to
the Fishery Management Plan (FMP) for
the Reef Fish Fishery of Puerto Rico and
the U.S. Virgin Islands (USVI) (Reef Fish
FMP), Amendment 6 to the FMP for the
Spiny Lobster Fishery of Puerto Rico
and the USVI (Spiny Lobster FMP),
Amendment 5 to the FMP for Corals and
Reef Associated Plants and Invertebrates
of Puerto Rico and the USVI (Coral
FMP), and Amendment 4 to the FMP for
the Queen Conch Resources of Puerto
Rico and the USVI (Queen Conch FMP),
as prepared by the Caribbean Fishery
Management Council (Council). In
combination, these amendments
represent the Application of
Accountability Measures (AM)
Amendment (AM Application
Amendment). If implemented, the AM
Application Amendment would resolve
an existing inconsistency between
language in the FMPs and the
regulations implementing the
application of AMs in the U.S.
Caribbean exclusive economic zone
(EEZ). The purpose of the AM
Application Amendment is to ensure
the authorizing FMPs are consistent
with the regulations governing AMs in
the Caribbean EEZ. Additionally, this
proposed rule would clarify the AM
closure provisions, the application of
the spiny lobster ACL in the Puerto Rico
management area of the Caribbean EEZ,
and the minimum size limit for queen
conch in the Caribbean EEZ.
DATES: Written comments must be
received on or before March 28, 2016.
ADDRESSES: You may submit comments
on the proposed rule identified by
SUMMARY:
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‘‘NOAA–NMFS–2015–0124’’ by any of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150124, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
´
´
Marıa del Mar Lopez, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the AM
Application Amendment, which
includes an environmental assessment,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact review
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/caribbean/.
FOR FURTHER INFORMATION CONTACT:
´
´
Marıa del Mar Lopez, telephone: 727–
824–5305; email: maria.lopez@
noaa.gov.
In the
Caribbean EEZ, the reef fish, spiny
lobster, queen conch, and corals and
reef associated plants and invertebrates
fisheries are managed under their
respective FMPs. The 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).
SUPPLEMENTARY INFORMATION:
Background
The final rule implementing
Amendment 2 to the Queen Conch FMP
and Amendment 5 to the Reef Fish FMP
(2010 Caribbean Annual Catch Limit
(ACL) Amendment) established ACLs
and AMs for species/species groups that
were at the time experiencing
overfishing (i.e., parrotfish, snapper,
grouper, queen conch) (76 FR 82404,
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Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules
December 30, 2011). The final rule
implementing Amendment 3 to the
Queen Conch FMP, Amendment 6 to the
Reef Fish FMP, Amendment 5 to the
Spiny Lobster FMP, and Amendment 3
to the Coral FMP (2011 Caribbean ACL
Amendment) established ACLs and
AMs for the remaining Councilmanaged species/species groups which
were not undergoing overfishing at the
time or for which the overfishing status
was unknown (e.g., grunts, squirrelfish,
jacks) (76 FR 82414, December 30,
2011). As described at § 622.12(a) for
reef fish, spiny lobster, and corals and
at § 622.491(b) for queen conch , the
current AM regulations in the Caribbean
EEZ require NMFS to shorten the length
of the fishing season for a species/
species group in the year following a
determination that the applicable 3-year
landings average exceeded the
respective ACL, unless NMFS
determines that the exceedance is due to
enhanced data collection and
monitoring efforts. The extent to which
fishing seasons are shortened equates to
the number of days necessary to remove
the overage in pounds and to therefore
constrain landings to the ACL. Pursuant
to regulations at §§ 622.12(a) and
622.491(b), any such AM-based closures
remain in effect only during the
particular fishing year in which they are
implemented. However, the AM closure
language in the four authorizing FMPs
states that any AM-based closure ‘‘will
remain in effect until modified by the
Council,’’ thereby carrying these
closures over from year to year, unless
or until the closures are revised by
subsequent Council action.
The AM Application Amendment
would correct this inconsistency,
between the authorizing FMPs and the
regulatory language at §§ 622.12(a) and
622.491(b), by revising the applicable
text within the four FMPs to be
consistent with the language in the
regulations. Specifically, the phrase in
the four authorizing FMPs that states
‘‘The needed changes will remain in
effect until modified by the Council,’’
which describes the duration of AMs,
would be removed from the four FMPs.
The result of this proposed change
would be that under both the
authorizing FMPs and AM-based
closure regulatory language, any AMbased closure would only apply for the
fishing year in which it was
implemented. This approach is
consistent with the intent of the Council
and the regulations used by NMFS to
apply AMs in the Caribbean EEZ. As
this proposed change would only revise
the language in the respective FMPs, no
changes to the codified text would
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9801
value would not change through this
proposed rule.
The ACLs for species/species groups
Additional Proposed Changes to
in the St. Croix and St. Thomas/St. John
Codified Text Not Part of the AM
management areas are not allocated
Application Amendment
between sectors, and if AMs are
This proposed rule would also revise
triggered they are applied to both the
items in the codified text that are not
commercial and recreational sector.
part of the AM Application
If an AM is triggered by an ACL being
Amendment. Specifically, NMFS
exceeded based on the 3-year landings
proposes to clarify the closure
average, and NMFS determines that the
provisions when an ACL has been
exceedance was not due to enhanced
exceeded and an AM is implemented,
data collection and monitoring efforts,
based on the Council’s intent as
NMFS files a notification with the
expressed in the 2010 and 2011
Office of the Federal Register to reduce
Caribbean ACL Amendments (76 FR
the length of the following fishing
82404, December 30, 2011 and 76 FR
season for the applicable species or
82414, December 30, 2011). NMFS also
species groups that year by the amount
proposes to clarify the application of the necessary, to ensure landings do not
spiny lobster ACL for the Puerto Rico
again exceed the applicable ACL. The
management area of the EEZ to be
current regulations do not specifically
consistent with the Council’s intent
state what restrictions on fishing occur
expressed in the 2011 ACL Caribbean
during such a closure.
NMFS proposes to add § 622.12(b) to
Amendment and to clarify minimum
the regulatory text to specify that, if
size requirements for queen conch.
The 2010 and 2011 Caribbean ACL
AMs are triggered as a result of an ACL
Amendments established AMs and
overage and NMFS reduces the length of
ACLs and allocated those ACLs among
the fishing season for a species or
three Caribbean island management
species group, certain closure
areas, i.e., the Puerto Rico, St. Croix, and provisions would apply to species with
St. Thomas/St. John management areas
Caribbean-wide ACLs, Caribbean reef
of the EEZ, as specified in Appendix E
fish species, and Caribbean spiny
to part 622, except for the ACLs for
lobster.
For Caribbean reef fish species in the
tilefish and aquarium trade species,
Puerto Rico management area,
which are for the Caribbean EEZ as a
§ 622.12(b)(1)(i) through (iii) would be
whole. The ACLs for species/species
added to specify what restrictions apply
groups in the Puerto Rico management
area, except for spiny lobster, are further during a commercial closure,
recreational closure, or a closure of both
allocated between the commercial and
sectors. In the event that the commercial
recreational sectors, and AMs apply to
fishing season is reduced for a species
each of these sectors separately.
or species group due to a Puerto Rico
Through this rule, NMFS proposes to
clarify that the spiny lobster ACL for the commercial ACL overage, all harvest or
Puerto Rico management area is applied possession of the indicated species or
as a single ACL for both the commercial species group in or from the Puerto Rico
and recreational sectors, consistent with management area would be limited to
the bag and possession limits specified
the intent of the Council in the 2011
in § 622.437, and the sale or purchase of
Caribbean ACL Amendment (76 FR
82414, December 30, 2011). The current the indicated species or species group in
regulations, as described in
or from the Puerto Rico management
§ 622.12(a)(1)(i)(R), specify only a
area would be prohibited during the
commercial ACL for spiny lobster in the closure. If the recreational fishing
Puerto Rico management area. No
season is reduced for a species or
recreational ACL is specified for spiny
species group due to a Puerto Rico
lobster in Puerto Rico. The intent of the
recreational ACL overage, the bag and
Council in the 2011 Caribbean ACL
possession limits for the indicated
Amendment was to manage the spiny
species or species group would be zero
lobster commercial and recreational
during the closure. If both the
sectors for the Puerto Rico management
commercial and recreational sectors for
area under the same ACL, derived from
a species or species group in the Puerto
commercial landings. The Council
Rico management area are closed, such
intended that this single ACL would be
species or species groups may not be
the AM trigger for both sectors for spiny harvested, possessed, purchased, or sold
lobster in the Puerto Rico management
and the bag and possession limits for
area. NMFS proposes to add paragraph
such species or species groups would be
§ 622.12(a)(1)(iii) to the regulatory text
zero.
For Caribbean reef fish species and
to specify that the spiny lobster ACL
spiny lobster in the St. Croix and St.
applies to both sectors in the Puerto
Thomas/St. John island management
Rico management area. The actual ACL
result from the AM Application
Amendment.
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Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules
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areas, and species or species groups
with Caribbean-wide ACLs,
§ 622.12(b)(2) would be added to specify
that, if AMs are triggered as a result of
an ACL overage and the fishing season
is reduced for a species or species
group, such species or species groups in
or from the applicable management area
of the Caribbean EEZ may not be
harvested, possessed, purchased, or
sold, and the bag and possession limits
for such species in or from the
applicable management area of the
Caribbean EEZ would be zero.
For Caribbean spiny lobster in the
Puerto Rico management area,
§ 622.12(b)(1)(iv) would be added to
clarify that, if the AM is triggered due
to a spiny lobster ACL overage, the
commercial and recreational fishing
seasons are reduced. During such a
closure, spiny lobster in or from the
Puerto Rico management area may not
be harvested, possessed, purchased, or
sold, and the bag and possession limits
for spiny lobster in or from the Puerto
Rico management area would be zero.
Additionally, through this proposed
rule, NMFS would revise § 622.492(a) to
clarify the minimum size limit for a
Caribbean queen conch. Currently,
§ 622.492(a) states that the minimum
size limit is ‘‘9 inches (22.9 cm) in
length, that is, from the tip of the spire
to the distal end of the shell, and 3⁄8
inch (9.5 cm) in lip width at its widest
point.’’ However, this provision goes on
to state that ‘‘A queen conch with a
length of at least 9 inches (22.9 cm) or
a lip width of at least 3⁄8 inch (9.5 mm)
is not undersized.’’ The use of ‘‘and’’ in
the first sentence and ‘‘or’’ in the second
sentence of this provision has caused
confusion among the public about
whether both of these measurements are
required to meet the minimum size limit
for queen conch. Therefore, NMFS
proposes to change the ‘‘and’’ to ‘‘or’’ in
the first sentence and to remove the
second sentence in paragraph (a) of
§ 622.492. The purpose of this change is
to clarify that only one of the
measurement descriptions must be met
to fulfill the minimum size limit for
Caribbean queen conch, consistent with
the original intent of the Council in the
Queen Conch FMP.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries has
determined that this proposed rule is
consistent with the U.S. Caribbean
FMPs, 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
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Executive Order 12866. The Chief
Counsel for Regulation of the
Department of Commerce certified to
the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if implemented,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows:
The purpose of this proposed rule is
to revise the language within U.S.
Caribbean FMPs to make it consistent
with current regulations concerning the
application of AMs. Because it would
produce no regulatory changes, the
action would have no economic impact
on the estimated 1,037 to 1,185 small
businesses in the finfish (NAICS code
114111) and shellfish (NAICS code
114112) fishing industries of the U.S.
Caribbean.
The rule would also include
regulatory text to clarify the closure
provisions for AMs, how the spiny
lobster ACL is applied in the Puerto
Rico management area, and the
minimum size requirements for queen
conch, all unrelated to the amendment.
Because those clarifications would not
affect current fishing practices, or
change the manner in which fisheries in
the Caribbean EEZ are regulated, they
would not have an economic impact on
the above-mentioned small businesses.
Because this proposed rule, if
implemented, would not have a
significant direct adverse economic
effect on a substantial number of small
entities, an initial regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Accountability measures, Caribbean,
Fisheries, Fishing, Queen conch.
Dated: February 22, 2016.
Samuel D. Rauch III,
Deputy Assistant 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 OF MEXICO, 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 § 622.12, remove paragraph
(a)(1)(i)(R) and add paragraphs (a)(1)(iii)
and (b) to read as follows:
■
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§ 622.12 Annual catch limits (ACLs) and
accountability measures (AMs) for
Caribbean island management areas/
Caribbean EEZ.
*
*
*
*
*
(a) * * *
(1) * * *
(iii) Spiny lobster. The following ACL
applies to landings of spiny lobster
throughout the Puerto Rico management
area—327,920 lb (148,742 kg).
*
*
*
*
*
(b) Closure provisions—(1)
Restrictions applicable after a Puerto
Rico closure. (i) Restrictions applicable
after a Puerto Rico commercial closure,
except for spiny lobster. During the
closure period announced in the
notification filed pursuant to paragraph
(a)(1)(i) of this section, the commercial
sector for species or species groups
included in the notification is closed
and such species or species groups in or
from the Puerto Rico management area
may not be purchased or sold. Harvest
or possession of such species or species
groups in or from the Puerto Rico
management area is limited to the
recreational bag and possession limits
unless the recreational sector for the
species or species group is closed and
the restrictions specified in paragraph
(b)(1)(iii) apply.
(ii) Restrictions applicable after a
Puerto Rico recreational closure, except
for spiny lobster. During the closure
period announced in the notification
filed pursuant to paragraph (a)(1)(ii) of
this section, the recreational sector for
species or species groups included in
the notification is closed and the
recreational bag and possession limits
for such species or species groups in or
from the Puerto Rico management area
are zero. If the seasons for both the
commercial and recreational sectors for
such species or species groups are
closed, the restrictions specified in
paragraph (b)(1)(iii) apply.
(iii) Restrictions applicable when both
Puerto Rico commercial and Puerto Rico
recreational sectors are closed, except
for spiny lobster. If the seasons for both
the commercial and recreational sectors
for a species or species group are closed,
such species or species groups in or
from the Puerto Rico management area
may not be harvested, possessed,
purchased, or sold, and the bag and
possession limits for such species or
species groups in or from the Puerto
Rico management area are zero.
(iv) Restrictions applicable after a
spiny lobster closure in Puerto Rico.
During the closure period announced in
the notification filed pursuant to
paragraph (a)(1)(iii) of this section, both
the commercial and recreational sectors
are closed. Spiny lobster in or from the
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Puerto Rico management area may not
be harvested, possessed, purchased, or
sold, and the bag and possession limits
for spiny lobster in or from the Puerto
Rico management area are zero.
(2) Restrictions applicable after a St.
Croix, St. Thomas/St. John, or
Caribbean EEZ closure. During the
closure period announced in the
notification filed pursuant to paragraph
(a)(2), (3), or (4) of this section, such
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species or species groups in or from the
applicable management area of the
Caribbean EEZ may not be harvested,
possessed, purchased, or sold, and the
bag and possession limits for such
species or species groups in or from the
applicable management area of the
Caribbean EEZ are zero.
■ 3. In § 622.492, paragraph (a) is
revised to read as follows:
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§ 622.492
9803
Minimum size limit.
(a) The minimum size limit for
Caribbean queen conch is either 9
inches (22.9 cm) in length, that is, from
the tip of the spire to the distal end of
the shell, or 3⁄8 inch (9.5 mm) in lip
width at its widest point.
*
*
*
*
*
[FR Doc. 2016–04094 Filed 2–25–16; 8:45 am]
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]]>Agencies
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Proposed Rules]
[Pages 9800-9803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04094]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150623546-6098-01]
RIN 0648-BF18
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and
Reef Associated Plants and Invertebrates 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.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement measures described in Amendment 7
to the Fishery Management Plan (FMP) for the Reef Fish Fishery of
Puerto Rico and the U.S. Virgin Islands (USVI) (Reef Fish FMP),
Amendment 6 to the FMP for the Spiny Lobster Fishery of Puerto Rico and
the USVI (Spiny Lobster FMP), Amendment 5 to the FMP for Corals and
Reef Associated Plants and Invertebrates of Puerto Rico and the USVI
(Coral FMP), and Amendment 4 to the FMP for the Queen Conch Resources
of Puerto Rico and the USVI (Queen Conch FMP), as prepared by the
Caribbean Fishery Management Council (Council). In combination, these
amendments represent the Application of Accountability Measures (AM)
Amendment (AM Application Amendment). If implemented, the AM
Application Amendment would resolve an existing inconsistency between
language in the FMPs and the regulations implementing the application
of AMs in the U.S. Caribbean exclusive economic zone (EEZ). The purpose
of the AM Application Amendment is to ensure the authorizing FMPs are
consistent with the regulations governing AMs in the Caribbean EEZ.
Additionally, this proposed rule would clarify the AM closure
provisions, the application of the spiny lobster ACL in the Puerto Rico
management area of the Caribbean EEZ, and the minimum size limit for
queen conch in the Caribbean EEZ.
DATES: Written comments must be received on or before March 28, 2016.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2015-0124'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: https://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2015-0124, click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments.
Mail: Submit written comments to Mar[iacute]a del Mar
L[oacute]pez, Southeast Regional Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the AM Application Amendment, which includes
an environmental assessment, a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact review may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez,
telephone: 727-824-5305; email: maria.lopez@noaa.gov.
SUPPLEMENTARY INFORMATION: In the Caribbean EEZ, the reef fish, spiny
lobster, queen conch, and corals and reef associated plants and
invertebrates fisheries are managed under their respective FMPs. The
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 final rule implementing Amendment 2 to the Queen Conch FMP and
Amendment 5 to the Reef Fish FMP (2010 Caribbean Annual Catch Limit
(ACL) Amendment) established ACLs and AMs for species/species groups
that were at the time experiencing overfishing (i.e., parrotfish,
snapper, grouper, queen conch) (76 FR 82404,
[[Page 9801]]
December 30, 2011). The final rule implementing Amendment 3 to the
Queen Conch FMP, Amendment 6 to the Reef Fish FMP, Amendment 5 to the
Spiny Lobster FMP, and Amendment 3 to the Coral FMP (2011 Caribbean ACL
Amendment) established ACLs and AMs for the remaining Council-managed
species/species groups which were not undergoing overfishing at the
time or for which the overfishing status was unknown (e.g., grunts,
squirrelfish, jacks) (76 FR 82414, December 30, 2011). As described at
Sec. 622.12(a) for reef fish, spiny lobster, and corals and at Sec.
622.491(b) for queen conch , the current AM regulations in the
Caribbean EEZ require NMFS to shorten the length of the fishing season
for a species/species group in the year following a determination that
the applicable 3-year landings average exceeded the respective ACL,
unless NMFS determines that the exceedance is due to enhanced data
collection and monitoring efforts. The extent to which fishing seasons
are shortened equates to the number of days necessary to remove the
overage in pounds and to therefore constrain landings to the ACL.
Pursuant to regulations at Sec. Sec. 622.12(a) and 622.491(b), any
such AM-based closures remain in effect only during the particular
fishing year in which they are implemented. However, the AM closure
language in the four authorizing FMPs states that any AM-based closure
``will remain in effect until modified by the Council,'' thereby
carrying these closures over from year to year, unless or until the
closures are revised by subsequent Council action.
The AM Application Amendment would correct this inconsistency,
between the authorizing FMPs and the regulatory language at Sec. Sec.
622.12(a) and 622.491(b), by revising the applicable text within the
four FMPs to be consistent with the language in the regulations.
Specifically, the phrase in the four authorizing FMPs that states ``The
needed changes will remain in effect until modified by the Council,''
which describes the duration of AMs, would be removed from the four
FMPs. The result of this proposed change would be that under both the
authorizing FMPs and AM-based closure regulatory language, any AM-based
closure would only apply for the fishing year in which it was
implemented. This approach is consistent with the intent of the Council
and the regulations used by NMFS to apply AMs in the Caribbean EEZ. As
this proposed change would only revise the language in the respective
FMPs, no changes to the codified text would result from the AM
Application Amendment.
Additional Proposed Changes to Codified Text Not Part of the AM
Application Amendment
This proposed rule would also revise items in the codified text
that are not part of the AM Application Amendment. Specifically, NMFS
proposes to clarify the closure provisions when an ACL has been
exceeded and an AM is implemented, based on the Council's intent as
expressed in the 2010 and 2011 Caribbean ACL Amendments (76 FR 82404,
December 30, 2011 and 76 FR 82414, December 30, 2011). NMFS also
proposes to clarify the application of the spiny lobster ACL for the
Puerto Rico management area of the EEZ to be consistent with the
Council's intent expressed in the 2011 ACL Caribbean Amendment and to
clarify minimum size requirements for queen conch.
The 2010 and 2011 Caribbean ACL Amendments established AMs and ACLs
and allocated those ACLs among three Caribbean island management areas,
i.e., the Puerto Rico, St. Croix, and St. Thomas/St. John management
areas of the EEZ, as specified in Appendix E to part 622, except for
the ACLs for tilefish and aquarium trade species, which are for the
Caribbean EEZ as a whole. The ACLs for species/species groups in the
Puerto Rico management area, except for spiny lobster, are further
allocated between the commercial and recreational sectors, and AMs
apply to each of these sectors separately. Through this rule, NMFS
proposes to clarify that the spiny lobster ACL for the Puerto Rico
management area is applied as a single ACL for both the commercial and
recreational sectors, consistent with the intent of the Council in the
2011 Caribbean ACL Amendment (76 FR 82414, December 30, 2011). The
current regulations, as described in Sec. 622.12(a)(1)(i)(R), specify
only a commercial ACL for spiny lobster in the Puerto Rico management
area. No recreational ACL is specified for spiny lobster in Puerto
Rico. The intent of the Council in the 2011 Caribbean ACL Amendment was
to manage the spiny lobster commercial and recreational sectors for the
Puerto Rico management area under the same ACL, derived from commercial
landings. The Council intended that this single ACL would be the AM
trigger for both sectors for spiny lobster in the Puerto Rico
management area. NMFS proposes to add paragraph Sec. 622.12(a)(1)(iii)
to the regulatory text to specify that the spiny lobster ACL applies to
both sectors in the Puerto Rico management area. The actual ACL value
would not change through this proposed rule.
The ACLs for species/species groups in the St. Croix and St.
Thomas/St. John management areas are not allocated between sectors, and
if AMs are triggered they are applied to both the commercial and
recreational sector.
If an AM is triggered by an ACL being exceeded based on the 3-year
landings average, and NMFS determines that the exceedance was not due
to enhanced data collection and monitoring efforts, NMFS files a
notification with the Office of the Federal Register to reduce the
length of the following fishing season for the applicable species or
species groups that year by the amount necessary, to ensure landings do
not again exceed the applicable ACL. The current regulations do not
specifically state what restrictions on fishing occur during such a
closure.
NMFS proposes to add Sec. 622.12(b) to the regulatory text to
specify that, if AMs are triggered as a result of an ACL overage and
NMFS reduces the length of the fishing season for a species or species
group, certain closure provisions would apply to species with
Caribbean-wide ACLs, Caribbean reef fish species, and Caribbean spiny
lobster.
For Caribbean reef fish species in the Puerto Rico management area,
Sec. 622.12(b)(1)(i) through (iii) would be added to specify what
restrictions apply during a commercial closure, recreational closure,
or a closure of both sectors. In the event that the commercial fishing
season is reduced for a species or species group due to a Puerto Rico
commercial ACL overage, all harvest or possession of the indicated
species or species group in or from the Puerto Rico management area
would be limited to the bag and possession limits specified in Sec.
622.437, and the sale or purchase of the indicated species or species
group in or from the Puerto Rico management area would be prohibited
during the closure. If the recreational fishing season is reduced for a
species or species group due to a Puerto Rico recreational ACL overage,
the bag and possession limits for the indicated species or species
group would be zero during the closure. If both the commercial and
recreational sectors for a species or species group in the Puerto Rico
management area are closed, such species or species groups may not be
harvested, possessed, purchased, or sold and the bag and possession
limits for such species or species groups would be zero.
For Caribbean reef fish species and spiny lobster in the St. Croix
and St. Thomas/St. John island management
[[Page 9802]]
areas, and species or species groups with Caribbean-wide ACLs, Sec.
622.12(b)(2) would be added to specify that, if AMs are triggered as a
result of an ACL overage and the fishing season is reduced for a
species or species group, such species or species groups in or from the
applicable management area of the Caribbean EEZ may not be harvested,
possessed, purchased, or sold, and the bag and possession limits for
such species in or from the applicable management area of the Caribbean
EEZ would be zero.
For Caribbean spiny lobster in the Puerto Rico management area,
Sec. 622.12(b)(1)(iv) would be added to clarify that, if the AM is
triggered due to a spiny lobster ACL overage, the commercial and
recreational fishing seasons are reduced. During such a closure, spiny
lobster in or from the Puerto Rico management area may not be
harvested, possessed, purchased, or sold, and the bag and possession
limits for spiny lobster in or from the Puerto Rico management area
would be zero.
Additionally, through this proposed rule, NMFS would revise Sec.
622.492(a) to clarify the minimum size limit for a Caribbean queen
conch. Currently, Sec. 622.492(a) states that the minimum size limit
is ``9 inches (22.9 cm) in length, that is, from the tip of the spire
to the distal end of the shell, and \3/8\ inch (9.5 cm) in lip width at
its widest point.'' However, this provision goes on to state that ``A
queen conch with a length of at least 9 inches (22.9 cm) or a lip width
of at least \3/8\ inch (9.5 mm) is not undersized.'' The use of ``and''
in the first sentence and ``or'' in the second sentence of this
provision has caused confusion among the public about whether both of
these measurements are required to meet the minimum size limit for
queen conch. Therefore, NMFS proposes to change the ``and'' to ``or''
in the first sentence and to remove the second sentence in paragraph
(a) of Sec. 622.492. The purpose of this change is to clarify that
only one of the measurement descriptions must be met to fulfill the
minimum size limit for Caribbean queen conch, consistent with the
original intent of the Council in the Queen Conch FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries has determined that this proposed
rule is consistent with the U.S. Caribbean FMPs, 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. The Chief Counsel
for Regulation of the Department of Commerce certified to the Chief
Counsel for Advocacy of the Small Business Administration (SBA) that
this proposed rule, if implemented, would not have a significant
economic impact on a substantial number of small entities. The factual
basis for this determination is as follows:
The purpose of this proposed rule is to revise the language within
U.S. Caribbean FMPs to make it consistent with current regulations
concerning the application of AMs. Because it would produce no
regulatory changes, the action would have no economic impact on the
estimated 1,037 to 1,185 small businesses in the finfish (NAICS code
114111) and shellfish (NAICS code 114112) fishing industries of the
U.S. Caribbean.
The rule would also include regulatory text to clarify the closure
provisions for AMs, how the spiny lobster ACL is applied in the Puerto
Rico management area, and the minimum size requirements for queen
conch, all unrelated to the amendment. Because those clarifications
would not affect current fishing practices, or change the manner in
which fisheries in the Caribbean EEZ are regulated, they would not have
an economic impact on the above-mentioned small businesses.
Because this proposed rule, if implemented, would not have a
significant direct adverse economic effect on a substantial number of
small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Accountability measures, Caribbean, Fisheries, Fishing, Queen
conch.
Dated: February 22, 2016.
Samuel D. Rauch III,
Deputy Assistant 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 OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.12, remove paragraph (a)(1)(i)(R) and add paragraphs
(a)(1)(iii) and (b) to read as follows:
Sec. 622.12 Annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean island management areas/Caribbean EEZ.
* * * * *
(a) * * *
(1) * * *
(iii) Spiny lobster. The following ACL applies to landings of spiny
lobster throughout the Puerto Rico management area--327,920 lb (148,742
kg).
* * * * *
(b) Closure provisions--(1) Restrictions applicable after a Puerto
Rico closure. (i) Restrictions applicable after a Puerto Rico
commercial closure, except for spiny lobster. During the closure period
announced in the notification filed pursuant to paragraph (a)(1)(i) of
this section, the commercial sector for species or species groups
included in the notification is closed and such species or species
groups in or from the Puerto Rico management area may not be purchased
or sold. Harvest or possession of such species or species groups in or
from the Puerto Rico management area is limited to the recreational bag
and possession limits unless the recreational sector for the species or
species group is closed and the restrictions specified in paragraph
(b)(1)(iii) apply.
(ii) Restrictions applicable after a Puerto Rico recreational
closure, except for spiny lobster. During the closure period announced
in the notification filed pursuant to paragraph (a)(1)(ii) of this
section, the recreational sector for species or species groups included
in the notification is closed and the recreational bag and possession
limits for such species or species groups in or from the Puerto Rico
management area are zero. If the seasons for both the commercial and
recreational sectors for such species or species groups are closed, the
restrictions specified in paragraph (b)(1)(iii) apply.
(iii) Restrictions applicable when both Puerto Rico commercial and
Puerto Rico recreational sectors are closed, except for spiny lobster.
If the seasons for both the commercial and recreational sectors for a
species or species group are closed, such species or species groups in
or from the Puerto Rico management area may not be harvested,
possessed, purchased, or sold, and the bag and possession limits for
such species or species groups in or from the Puerto Rico management
area are zero.
(iv) Restrictions applicable after a spiny lobster closure in
Puerto Rico. During the closure period announced in the notification
filed pursuant to paragraph (a)(1)(iii) of this section, both the
commercial and recreational sectors are closed. Spiny lobster in or
from the
[[Page 9803]]
Puerto Rico management area may not be harvested, possessed, purchased,
or sold, and the bag and possession limits for spiny lobster in or from
the Puerto Rico management area are zero.
(2) Restrictions applicable after a St. Croix, St. Thomas/St. John,
or Caribbean EEZ closure. During the closure period announced in the
notification filed pursuant to paragraph (a)(2), (3), or (4) of this
section, such species or species groups in or from the applicable
management area of the Caribbean EEZ may not be harvested, possessed,
purchased, or sold, and the bag and possession limits for such species
or species groups in or from the applicable management area of the
Caribbean EEZ are zero.
0
3. In Sec. 622.492, paragraph (a) is revised to read as follows:
Sec. 622.492 Minimum size limit.
(a) The minimum size limit for Caribbean queen conch is either 9
inches (22.9 cm) in length, that is, from the tip of the spire to the
distal end of the shell, or \3/8\ inch (9.5 mm) in lip width at its
widest point.
* * * * *
[FR Doc. 2016-04094 Filed 2-25-16; 8:45 am]
BILLING CODE 3510-22-P
