Amendments to the Reef Fish, Spiny Lobster, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands, 21475-21477 [2017-09360]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21475-21477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09360]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160810719-7353-02]
RIN 0648-BG29


Amendments to the Reef Fish, Spiny Lobster, 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: Final rule.

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SUMMARY: NMFS issues regulations to implement measures described in 
Amendment 8 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 7 to the FMP for the Spiny Lobster Fishery of Puerto 
Rico and the USVI (Spiny Lobster FMP), and Amendment 6 to the FMP for 
Corals and Reef Associated Plants and Invertebrates of Puerto Rico and 
the USVI (Coral FMP), as prepared and submitted by the Caribbean 
Fishery Management Council (Council). This final rule refers to these 
amendments, in combination, as the Accountability Measure (AM) Timing 
Amendment. This final rule to implement the AM Timing Amendment 
modifies the date for the implementation of AM-based closures for all 
species and species groups managed by the Council under the subject 
FMPs. The purpose of the AM Timing Amendment and this final rule is to 
minimize, to the extent practicable, the adverse socio-economic impacts 
of AM-based closures, while constraining catch levels to the applicable 
annual catch limits (ACLs) and preventing overfishing.

DATES: This final rule is effective June 8, 2017.

ADDRESSES: Electronic copies of the AM Timing Amendment, which includes 
an environmental assessment (EA), 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 U.S. Caribbean exclusive economic 
zone (EEZ), the reef fish, spiny lobster, and corals and reef 
associated plants and invertebrates (corals) 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) (16 U.S.C. 1801 et seq.).
    On January 5, 2017, NMFS published a notice of availability for the 
AM Timing Amendment and requested public comment (82 FR 1308). On 
February 10, 2017, NMFS published a proposed rule for the AM Timing 
Amendment and requested public comment (82 FR 10324). The proposed rule 
and the AM Timing Amendment outline the rationale for the actions 
contained in this final rule. A summary of the management measures 
described in the AM Timing Amendment and implemented by this final rule 
is provided below.

Management Measure Contained in This Final Rule

    This final rule modifies the date for implementation of an AM-based 
closure in the event of an ACL overage for a species or species group 
managed by the Council in Puerto Rico, St. Thomas/St. John, and St. 
Croix under the Reef Fish, Coral, and Spiny Lobster FMPs. AM-based 
closures occur in the year following any overage triggering 
implementation of the AM. Specifically, an AM-based closure will be 
implemented from September 30 of the closure year backward, toward the 
beginning of the fishing year, for the number of days necessary to 
achieve the reduction in landings required to ensure landings do not 
exceed the applicable ACL. If the length of the required fishing season 
reduction exceeds the period of January 1 through September 30, any 
additional fishing season reduction required will be applied from 
October 1 forward, toward the end of the fishing year (December 31). 
This final rule to implement the AM Timing Amendment is expected to 
minimize adverse socio-economic effects from the implementation of AMs, 
while still helping to ensure that AM-based closures constrain harvest 
to the ACL and prevent overfishing.
    The FMP for the Queen Conch Resources of Puerto Rico and the USVI 
is not included in the AM Timing Amendment because queen conch harvest 
is managed with an in-season closure when the ACL is reached or 
projected to be reached, rather than a post-season reduction in the 
fishing year.

Additional Action Contained in the AM Timing Amendment but Not Codified 
Through This Final Rule

    In addition to the measure discussed above, the AM Timing Amendment 
requires that the Council revisit the practice of using September 30 as 
the end date for AM-based closures no longer than 2 years from the 
implementation of the AM Timing Amendment and no longer than every 2 
years thereafter. Any formal review associated with revisiting the 
selected date would allow NMFS and the Council to specifically consider 
new information. Thus, any corresponding revisions would be expected to 
result in additional positive social and economic effects.

Comments and Responses

    NMFS received a total of two comment submissions on the proposed 
rule and the AM Timing Amendment; one from a group of individuals and 
one from a Federal agency. The Federal agency stated that it had no 
comment on the proposed rule or the AM Timing Amendment. The other 
comment as well as NMFS' response, is summarized below.
    Comment 1: NMFS violated the Administrative Procedure Act (APA) by 
failing to collect or disclose data supporting that the rule would 
provide economic benefit to Caribbean fishermen and that it did not 
consider potential negative impact on the financial health of tourist 
industries. NMFS also failed to properly consider ecological factors in 
the AM Timing Amendment.
    Response: NMFS disagrees. The Council and NMFS analyzed impacts to 
both the economic and ecological environments in the AM Timing 
Amendment Environmental Assessment (EA). The EA analyzed the effects of 
implementing the AM Timing Amendment on the human environment, 
including the impacts of the proposed action on the socio-economic, 
administrative, physical, biological, and ecological environments 
(including impacts to species listed under the Marine Mammal Protection 
Act and the Endangered Species Act (ESA)). The data used in the AM 
Timing Amendment to analyze alternatives modifying the timing of AM-
based closures in the AM Timing Amendment are described in the EA and 
have been determined by the NMFS Southeast Fisheries Science Center to 
be the best scientific information available. The Council and NMFS used 
these data to consider and analyze the expected direct and indirect 
socio-economic effects of the proposed action on the fishing industries 
in the U.S. Caribbean, and considered the tourism industries that would 
be reasonably expected to be affected by the proposed actions in the AM 
Timing Amendment. For example, the Council and NMFS considered whether 
each alternative would be likely to lead to a closure during periods of 
peak tourism. The economic analysis in the EA determined that no 
significant impact on the socio-economic environment will result from 
the the AM Timing Amendment.
    The EA also evaluated the impacts of the AM Timing Amendment on the 
biological and ecological environment and protected species. As 
discussed in

[[Page 21477]]

the EA, the implementation of the AM Timing Amendment will minimally 
affect current fishing operations or activities; therefore, the Council 
and NMFS concluded that additional impacts on the ecological 
environment are not expected. The modification of the date of 
implementation of AM-based closures is not expected to adversely affect 
ESA-listed species or critical habitat beyond those effects previously 
considered in the subject FMPs and ESA Section 7 consultations.
    The public has had multiple opportunities to participate in the 
development of the AM Timing Amendment and to provide comments. The 
public had the opportunity to comment on the AM Timing Amendment and 
draft EA at public hearings in November 2015 and August 2016, and 
during public testimony at the June 2016 and August 2016 Council 
meetings, in advance of final approval by the Council. Following the 
Council's approval of the AM Timing Amendment, NMFS provided the 
opportunity for public comment on the amendment through a 60-day public 
comment period on the notice of availability (82 FR 1308, January 5, 
2017), and through a 30-day comment period on the proposed rule (82 FR 
10326, February 10, 2017), consistent with the Magnuson-Stevens Act and 
APA public notice and comment requirements.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with the AM Timing Amendment, the 
FMPs, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. A public comment 
relating to socio-economic implications and potential impacts on small 
businesses is addressed in the Comments and Responses section of this 
final rule. No changes to this final rule were made in response to 
public comments. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Accountability measures, Annual catch limits, Caribbean, Fisheries, 
Fishing.

    Dated: May 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 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, revise paragraph (a) introductory text to read as 
follows:


Sec.  622.12  Annual catch limits (ACLs) and accountability measures 
(AMs) for Caribbean island management areas/Caribbean EEZ.

    (a) If landings from a Caribbean island management area, as 
specified in Appendix E to this part, except for landings of queen 
conch (see Sec.  622.491(b)), or landings from the Caribbean EEZ for 
tilefish and aquarium trade species, are estimated by the SRD to have 
exceeded the applicable ACL, as specified in paragraph (a)(1) of this 
section for Puerto Rico management area species or species groups, 
paragraph (a)(2) of this section for St. Croix management area species 
or species groups, paragraph (a)(3) of this section for St. Thomas/St. 
John management area species or species groups, or paragraph (a)(4) of 
this section for the Caribbean EEZ, 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. As 
described in the respective FMPs, for each species or species group in 
this paragraph, any required fishing season reduction will be applied 
from September 30 backward, toward the beginning of the fishing year. 
If the length of the required fishing season reduction exceeds the time 
period of January 1 through September 30, any additional fishing season 
reduction will be applied from October 1 forward, toward the end of the 
fishing year. 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 FMPs. With 
the exceptions of Caribbean queen conch in the 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 (a)(1), (a)(2), 
(a)(3), and (a)(4) of this section are given in round weight.
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[FR Doc. 2017-09360 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-22-P