Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Accountability Measure-Based Closures for Recreational Species in the U.S. Caribbean off Puerto Rico, 18400-18401 [2017-07914]
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
to packaging manufacture or
qualification) is subject to a civil
penalty of up to $78,376 or $182,877 for
a violation occurring on or after April
19, 2017. * * *
*
*
*
*
*
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
4. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4; Pub. L. 104–134,
section 31001; Pub. L. 114–74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
5. In § 171.1, paragraph (g) is revised
to read as follows:
■
§ 171.1 Applicability of Hazardous
Materials Regulations (HMR) to persons and
functions.
*
*
*
*
*
(g) Penalties for noncompliance. Each
person who knowingly violates a
requirement of the Federal hazardous
material transportation law, an order
issued under Federal hazardous
material transportation law, subchapter
A of this chapter, or a special permit or
approval issued under subchapter A or
C of this chapter is liable for a civil
penalty of not more than $78,376 for
each violation, except the maximum
civil penalty is $182,877 if the violation
results in death, serious illness, or
severe injury to any person or
substantial destruction of property.
There is no minimum civil penalty,
except for a minimum civil penalty of
$471 for a violation relating to training.
Issued in Washington, DC on April 14,
2017, under authority delegated in 49 CFR
part 1.97.
Howard W. McMillan,
Acting Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2017–07908 Filed 4–18–17; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 100120037–1626–02 and
101217620–1788–03]
jstallworth on DSK7TPTVN1PROD with RULES
RIN 0648–XF344
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2017
Accountability Measure-Based
Closures for Recreational Species in
the U.S. Caribbean off Puerto Rico
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
VerDate Sep<11>2014
12:38 Apr 18, 2017
Jkt 241001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closures.
NMFS implements
accountability measures (AMs) for two
species groups in the exclusive
economic zone (EEZ) of the U.S.
Caribbean off Puerto Rico for the 2017
fishing year through this temporary rule.
NMFS has determined that recreational
sector annual catch limits (ACLs) in the
EEZ off Puerto Rico were exceeded for
wrasses and parrotfishes based on
average landings during the 2013–2015
fishing years. This temporary rule
reduces the lengths of the 2017 fishing
seasons for these species groups by the
amounts necessary to ensure that
landings do not exceed the applicable
recreational ACLs in 2017. NMFS closes
the recreational sectors for these species
groups beginning on the dates specified
in the DATES section and continuing
through the end of the current fishing
year, December 31, 2017. These AMs are
necessary to protect the Caribbean reef
fish resources in the EEZ off Puerto
Rico.
DATES: This rule is effective for
recreational sector wrasses in the EEZ
off Puerto Rico at 12:01 a.m., local time,
April 19, 2017, until 12:01 a.m., local
time, January 1, 2018. This rule is
effective for recreational sector
parrotfishes in the EEZ off Puerto Rico
May 19, 2017, until 12:01 a.m., local
time, January 1, 2018. The AM-based
closure for recreational parrotfishes
applies at 12:01 a.m., local time,
November 4, 2017, until 12:01 a.m.,
local time, January 1, 2018.
FOR FURTHER INFORMATION CONTACT:
´
´
Marıa del Mar Lopez, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: maria.lopez@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Caribbean EEZ
includes wrasses and parrotfishes, and
is managed under the Fishery
Management Plan for the Reef Fish
Fishery of Puerto Rico and the U.S.
Virgin Islands (Reef Fish FMP). The
Reef Fish FMP was prepared by the
Caribbean Fishery Management Council
(Council) and is implemented by NMFS
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 622.
The 2010 Caribbean ACL Amendment
(Amendment 2 to the FMP for the
Queen Conch Resources of Puerto Rico
and the U.S. Virgin Islands (Queen
Conch FMP) and Amendment 5 to the
Reef Fish FMP) and 2011 Caribbean
ACL Amendment (Amendment 3 to the
Queen Conch FMP, Amendment 6 to the
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Reef Fish FMP, Amendment 5 to the
Spiny Lobster FMP, and Amendment 3
to FMP for Corals and Reef Associated
Plants and Invertebrates of Puerto Rico
and the U.S. Virgin Islands) revised the
Reef Fish FMP (76 FR 82404, December
30, 2011, and 76 FR 82414, December
30, 2011). Among other actions, the
2010 and 2011 Caribbean ACL
Amendments and the associated final
rules established ACLs and AMs for
Caribbean reef fish, including the
species groups identified in this
temporary rule. The 2010 and 2011
Caribbean ACL Amendments and final
rules also allocated 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. The ACLs for reef fish species
and species groups in the Puerto Rico
management area were further allocated
between the commercial and
recreational sectors, and AMs apply to
each of these sectors separately. The
Puerto Rico management area
encompasses the EEZ off Puerto Rico.
The recreational ACLs in the EEZ off
Puerto Rico for the species groups
covered by this temporary rule are as
follows and are given in round weight:
• The recreational ACL for wrasses is
5,050 lb (2,291 kg), as specified in
§ 622.12(a)(1)(ii)(L).
• The recreational ACL for
parrotfishes is 15,263 lb (6,921 kg), as
specified in § 622.12(a)(1)(ii)(B).
In accordance with regulations at 50
CFR 622.12(a), if landings from a
Caribbean island management area are
estimated to have exceeded the
applicable ACL, the Assistant
Administrator for NOAA Fisheries (AA)
will file a notification with the Office of
the Federal Register to reduce the length
of the fishing season for the applicable
species or species group the following
fishing year by the amount necessary to
ensure landings do not exceed the
applicable ACL. NMFS evaluates
landings relative to the applicable ACL
based on a moving 3-year average of
landings, as described in the Reef Fish
FMP.
Based on the most recent available
landings data, from the 2013–2015
fishing years, NMFS has determined
that the recreational ACLs for wrasses
and parrotfishes in the EEZ off Puerto
Rico have been exceeded. In addition,
NMFS has determined that the
recreational ACLs for these species
groups were exceeded because of
increased catches and not as a result of
enhanced data collection and
monitoring efforts.
This temporary rule implements AMs
for both recreational wrasses and
E:\FR\FM\19APR1.SGM
19APR1
Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
parrotfishes, to reduce the respective
2017 fishing season lengths to ensure
that landings do not exceed the
applicable recreational ACLs in the
2017 fishing year. The 2017 fishing
seasons for the recreational sectors for
these species groups in the Puerto Rico
management area of the EEZ are closed
at the times and dates listed below.
These recreational closures remain in
effect until the 2018 fishing seasons
begin at 12:01 a.m., local time, January
1, 2018.
• The recreational sector for wrasses
is closed effective at 12:01 a.m., local
time, April 19, 2017. Wrasses include
hogfish, puddingwife, and Spanish
hogfish.
• The recreational sector for
parrotfishes is closed effective at 12:01
a.m., local time, November 4, 2017.
Parrotfishes include queen, princess,
striped, redband, redfin, redtail, and
stoplight parrotfish.
During the Puerto Rico recreational
sector closures for the wrasses and
parrotfishes announced in this
temporary rule, all recreational harvest
of these species groups is closed, and
the recreational bag and possession
limits for these species groups in or
from the Puerto Rico management area
are zero.
jstallworth on DSK7TPTVN1PROD with RULES
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
VerDate Sep<11>2014
12:38 Apr 18, 2017
Jkt 241001
this temporary rule is necessary for the
conservation and management of the
species groups included in this
temporary rule, in the EEZ off Puerto
Rico, and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.12(a) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The AA
finds good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rules
implementing the ACLs and AMs for
these species groups have been subject
to notice and comment, and all that
remains is to notify the public that the
recreational ACLs were exceeded and
that the AMs are being implemented for
the 2017 fishing year. Prior notice and
opportunity for public comment on this
action would be contrary to the public
interest for recreational sector wrasses
in the EEZ off Puerto Rico, because
PO 00000
Frm 00019
Fmt 4700
Sfmt 9990
18401
allowing those procedures would
require additional time and would be
expected to result in harvest in excess
of the established recreational ACL.
Additionally, prior notice and
opportunity for public comment on this
action would be contrary to the public
interest for recreational sector
parrotfishes in the EEZ off Puerto Rico,
because many of those affected by the
length of the recreational fishing
seasons, including charter vessel and
headboat operations that book trips for
clients in advance, need advance notice
to adjust their business plans to account
for the reduced recreational fishing
seasons.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action for the wrasses recreational sector
under 5 U.S.C. 553(d)(3). The AA has
determined that waiver of the 30-day
delay in the effectiveness of this action
for the parrotfishes recreational sector is
not needed or appropriate, as the
closure date in this temporary rule is
not until November 4, 2017.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 14, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–07914 Filed 4–14–17; 4:15 pm]
BILLING CODE 3510–22–P
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19APR1
]]>Agencies
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18400-18401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07914]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 100120037-1626-02 and 101217620-1788-03]
RIN 0648-XF344
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2017 Accountability Measure-Based Closures for Recreational Species in
the U.S. Caribbean off Puerto Rico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for two species
groups in the exclusive economic zone (EEZ) of the U.S. Caribbean off
Puerto Rico for the 2017 fishing year through this temporary rule. NMFS
has determined that recreational sector annual catch limits (ACLs) in
the EEZ off Puerto Rico were exceeded for wrasses and parrotfishes
based on average landings during the 2013-2015 fishing years. This
temporary rule reduces the lengths of the 2017 fishing seasons for
these species groups by the amounts necessary to ensure that landings
do not exceed the applicable recreational ACLs in 2017. NMFS closes the
recreational sectors for these species groups beginning on the dates
specified in the DATES section and continuing through the end of the
current fishing year, December 31, 2017. These AMs are necessary to
protect the Caribbean reef fish resources in the EEZ off Puerto Rico.
DATES: This rule is effective for recreational sector wrasses in the
EEZ off Puerto Rico at 12:01 a.m., local time, April 19, 2017, until
12:01 a.m., local time, January 1, 2018. This rule is effective for
recreational sector parrotfishes in the EEZ off Puerto Rico May 19,
2017, until 12:01 a.m., local time, January 1, 2018. The AM-based
closure for recreational parrotfishes applies at 12:01 a.m., local
time, November 4, 2017, until 12:01 a.m., local time, January 1, 2018.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez,
NMFS Southeast Regional Office, telephone: 727-824-5305, email:
maria.lopez@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean EEZ
includes wrasses and parrotfishes, and is managed under the Fishery
Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S.
Virgin Islands (Reef Fish FMP). The Reef Fish FMP was prepared by the
Caribbean Fishery Management Council (Council) and is implemented by
NMFS under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
The 2010 Caribbean ACL Amendment (Amendment 2 to the FMP for the
Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (Queen
Conch FMP) and Amendment 5 to the Reef Fish FMP) and 2011 Caribbean ACL
Amendment (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 FMP
for Corals and Reef Associated Plants and Invertebrates of Puerto Rico
and the U.S. Virgin Islands) revised the Reef Fish FMP (76 FR 82404,
December 30, 2011, and 76 FR 82414, December 30, 2011). Among other
actions, the 2010 and 2011 Caribbean ACL Amendments and the associated
final rules established ACLs and AMs for Caribbean reef fish, including
the species groups identified in this temporary rule. The 2010 and 2011
Caribbean ACL Amendments and final rules also allocated 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. The ACLs for reef fish species and
species groups in the Puerto Rico management area were further
allocated between the commercial and recreational sectors, and AMs
apply to each of these sectors separately. The Puerto Rico management
area encompasses the EEZ off Puerto Rico.
The recreational ACLs in the EEZ off Puerto Rico for the species
groups covered by this temporary rule are as follows and are given in
round weight:
The recreational ACL for wrasses is 5,050 lb (2,291 kg),
as specified in Sec. 622.12(a)(1)(ii)(L).
The recreational ACL for parrotfishes is 15,263 lb (6,921
kg), as specified in Sec. 622.12(a)(1)(ii)(B).
In accordance with regulations at 50 CFR 622.12(a), if landings
from a Caribbean island management area are estimated to have exceeded
the applicable ACL, the Assistant Administrator for NOAA Fisheries (AA)
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for the applicable species or
species group the following fishing year by the amount necessary to
ensure landings do not exceed the applicable ACL. NMFS evaluates
landings relative to the applicable ACL based on a moving 3-year
average of landings, as described in the Reef Fish FMP.
Based on the most recent available landings data, from the 2013-
2015 fishing years, NMFS has determined that the recreational ACLs for
wrasses and parrotfishes in the EEZ off Puerto Rico have been exceeded.
In addition, NMFS has determined that the recreational ACLs for these
species groups were exceeded because of increased catches and not as a
result of enhanced data collection and monitoring efforts.
This temporary rule implements AMs for both recreational wrasses
and
[[Page 18401]]
parrotfishes, to reduce the respective 2017 fishing season lengths to
ensure that landings do not exceed the applicable recreational ACLs in
the 2017 fishing year. The 2017 fishing seasons for the recreational
sectors for these species groups in the Puerto Rico management area of
the EEZ are closed at the times and dates listed below. These
recreational closures remain in effect until the 2018 fishing seasons
begin at 12:01 a.m., local time, January 1, 2018.
The recreational sector for wrasses is closed effective at
12:01 a.m., local time, April 19, 2017. Wrasses include hogfish,
puddingwife, and Spanish hogfish.
The recreational sector for parrotfishes is closed
effective at 12:01 a.m., local time, November 4, 2017. Parrotfishes
include queen, princess, striped, redband, redfin, redtail, and
stoplight parrotfish.
During the Puerto Rico recreational sector closures for the wrasses
and parrotfishes announced in this temporary rule, all recreational
harvest of these species groups is closed, and the recreational bag and
possession limits for these species groups in or from the Puerto Rico
management area are zero.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of the species groups included in this temporary rule, in
the EEZ off Puerto Rico, and is consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR 622.12(a) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best scientific information available.
The AA finds good cause to waive the requirements to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for
public comment is unnecessary and contrary to the public interest. Such
procedures are unnecessary because the rules implementing the ACLs and
AMs for these species groups have been subject to notice and comment,
and all that remains is to notify the public that the recreational ACLs
were exceeded and that the AMs are being implemented for the 2017
fishing year. Prior notice and opportunity for public comment on this
action would be contrary to the public interest for recreational sector
wrasses in the EEZ off Puerto Rico, because allowing those procedures
would require additional time and would be expected to result in
harvest in excess of the established recreational ACL. Additionally,
prior notice and opportunity for public comment on this action would be
contrary to the public interest for recreational sector parrotfishes in
the EEZ off Puerto Rico, because many of those affected by the length
of the recreational fishing seasons, including charter vessel and
headboat operations that book trips for clients in advance, need
advance notice to adjust their business plans to account for the
reduced recreational fishing seasons.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action for the
wrasses recreational sector under 5 U.S.C. 553(d)(3). The AA has
determined that waiver of the 30-day delay in the effectiveness of this
action for the parrotfishes recreational sector is not needed or
appropriate, as the closure date in this temporary rule is not until
November 4, 2017.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 14, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-07914 Filed 4-14-17; 4:15 pm]
BILLING CODE 3510-22-P
