Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Accountability Measure-Based Closures for Commercial and Recreational Species in the U.S. Caribbean off Puerto Rico, 31489-31491 [2017-14293]
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
and a winning bidder that is not or does
not include Amtrak must:
(1) Award to the winning bidder the
right and obligation to provide intercity
passenger rail transportation over that
route subject to such performance
standards as FRA may require for a
duration consistent with § 269.3(b);
(2) Award to the winning bidder an
operating subsidy, as determined by
FRA and based on Amtrak’s final
audited publically-reported fullyallocated operating costs of the route for
the prior fiscal year, excluding costs
related to Other Postretirement
Employee Benefits, Amtrak Performance
Tracking System Asset Allocations,
Project Related Costs, and Amtrak Office
of Inspector General activities, subject to
the availability of funding, for the first
year at a level that does not exceed 90
percent of the level in effect for that
specific route during the fiscal year
preceding the fiscal year in which the
petition was received, adjusted for
inflation;
(3) State that any award of an
operating subsidy is made annually, is
subject to the availability of funding,
and is based on the amount calculated
under paragraph (b)(2) of this section,
adjusted for inflation;
(4) Condition the operating and
subsidy rights upon the winning bidder
providing intercity passenger rail
transportation over the route that is no
less frequent, nor over a shorter
distance, than Amtrak provided on that
route before the award;
(5) Condition the operating and
subsidy rights upon the winning
bidder’s compliance with performance
standards FRA may require, but which,
at a minimum, must meet or exceed the
performance required of or achieved by
Amtrak on the applicable route during
the fiscal year immediately preceding
the year the bid is submitted;
(6) Subject the winning bidder to the
grant conditions established by 49
U.S.C. 24405; and
(7) Subject the winning bidder to the
requirements of the appropriations
act(s) funding the contract.
(c) Publication. The winning bidder
shall make their bid available to the
public after the bid award with any
appropriate redactions for confidential
or proprietary information.
§ 269.15
Access to facilities; employees.
(a) Access to facilities. (1) If the award
under § 269.13 is made to an eligible
petitioner, Amtrak must provide that
eligible petitioner access to the Amtrakowned reservation system, stations, and
facilities directly related to operations of
the awarded route(s).
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(2) If Amtrak and the eligible
petitioner awarded a route cannot agree
on the terms of access, either party may
petition the Surface Transportation
Board under 49 U.S.C. 24711(g).
(b) Employees. The employees of any
person, except as provided in a
collective bargaining agreement, an
eligible petitioner uses in the operation
of a route under this part shall be
considered an employee of that eligible
petitioner and subject to the applicable
Federal laws and regulations governing
similar crafts or classes of employees of
Amtrak.
(c) Hiring preference. The winning
bidder must provide hiring preference
to qualified Amtrak employees
displaced by the award of the bid,
consistent with the staffing plan the
winning bidder submits and the grant
conditions established by 49 U.S.C.
24405.
§ 269.17
Cessation of service.
(a) If an eligible petitioner awarded a
route under this part ceases to operate
the service or fails to fulfill its
obligations under the contract required
under § 269.13, the Administrator, in
collaboration with the Surface
Transportation Board, shall take any
necessary action consistent with title 49
of the United States Code to enforce the
contract and ensure the continued
provision of service, including the
installment of an interim service and rebidding the contract to operate the
service.
(b) In re-bidding the contract, the
entity providing service must either be
Amtrak or an eligible petitioner.
Issued in Washington, DC, on July 3, 2017.
Patrick Warren,
Executive Director.
[FR Doc. 2017–14355 Filed 7–5–17; 4:15 pm]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170126124–7124–01]
RIN 0648–XF488
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2017
Accountability Measure-Based
Closures for Commercial and
Recreational Species in the U.S.
Caribbean off Puerto Rico
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
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31489
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closures.
Through this temporary rule,
NMFS implements accountability
measures (AMs) for species and species
groups in the exclusive economic zone
(EEZ) of the U.S. Caribbean off Puerto
Rico (Puerto Rico management area) for
the 2017 fishing year. NMFS has
determined that annual catch limits
(ACLs) in the Puerto Rico management
area were exceeded for spiny lobster;
the commercial sectors of triggerfish and
filefish (combined), and Snapper Unit 2;
and the recreational sectors of
triggerfish and filefish (combined), and
jacks, based on average landings during
the 2013–2015 fishing years. This
temporary rule reduces the lengths of
the 2017 fishing seasons for these
species and species groups by the
amounts necessary to ensure, to the
extent practicable, that landings do not
exceed the applicable ACLs in 2017.
NMFS closes the applicable sectors for
these species and species groups
beginning on the dates specified in the
DATES section and continuing until
October 1, 2017. These AMs are
necessary to protect the Caribbean reef
fish and spiny lobster resources in the
Puerto Rico management area.
DATES: This rule is effective August 7,
2017, until 12:01 a.m., local time, on
October 1, 2017. The AM-based closures
apply in the Puerto Rico management
area for the following species and
species groups, and fishing sectors, at
the times and dates specified below,
until 12:01 a.m., local time, on October
1, 2017.
• Triggerfish and filefish, combined
(commercial) effective at 12:01 a.m.,
local time, on August 13, 2017;
• Spiny lobster (commercial and
recreational) effective at 12:01 a.m.,
local time, on September 7, 2017;
• Snapper Unit 2 (commercial)
effective at 12:01 a.m., local time, on
September 15, 2017;
• Triggerfish and filefish, combined
(recreational) effective at 12:01 a.m.,
local time, on September 18, 2017;
• Jacks (recreational) effective at
12:01 a.m., local time, on September 28,
2017.
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 triggerfish and filefish,
snappers in Snapper Unit 2, and jacks,
and is managed under the Fishery
Management Plan (FMP) for the Reef
SUMMARY:
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
Fish Fishery of Puerto Rico and the U.S.
Virgin Islands (Reef Fish FMP).
Caribbean spiny lobster is managed
under the FMP for the Spiny Lobster
Fishery of Puerto Rico and the U.S.
Virgin Islands (Spiny Lobster FMP). The
FMPs were prepared by the Caribbean
Fishery Management Council (Council)
and are 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
(which includes, along with another
amendment, Amendment 5 to the Reef
Fish FMP) and the 2011 Caribbean ACL
Amendment (which includes, among
other amendments, Amendment 6 to the
Reef Fish FMP and Amendment 5 to the
Spiny Lobster FMP) revised the Reef
Fish and Spiny Lobster FMPs. Among
other actions, the 2010 and 2011
Caribbean ACL Amendments and the
associated final rules (76 FR 82404,
December 30, 2011, and 76 FR 82414,
December 30, 2011, respectively)
established ACLs and AMs for
Caribbean reef fish and spiny lobster,
including the species and 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
Caribbean EEZ, as specified in
Appendix E to part 622. The ACLs for
species and species groups in the Puerto
Rico management area, except for spiny
lobster, were further allocated between
the commercial and recreational sectors,
and AMs apply to each of these sectors
separately.
On May 11, 2016, NMFS published
the final rule implementing the
Comprehensive Amendment to the U.S.
Caribbean FMPs: Application of AMs
(81 FR 29166). Among other items, the
final rule clarified 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 Council’s intent in
the 2011 Caribbean ACL Amendment,
and the AM applies to both sectors.
Additionally, the final rule clarified the
fishing restrictions that occur in the
Caribbean EEZ when an ACL is
exceeded, and an AM is triggered and
implemented. The Puerto Rico
management area encompasses the EEZ
off Puerto Rico.
In addition, on June 8, 2017, NMFS
implemented the final rule for
Amendment 8 to the Reef Fish FMP,
Amendment 7 to the Spiny Lobster
FMP, and Amendment 6 to the FMP for
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Corals and Reef Associated Plants and
Invertebrates of Puerto Rico and the U.S.
Virgin Islands (collectively referred to as
the AM Timing Amendment) (82 FR
21475, May 9, 2017). The final rule
implementing the AM Timing
Amendment modified the date for
initiating an AM-based closure in the
event of an ACL overage for the species
and species groups managed by the
Council under the aforementioned
FMPs. Instead of initiating an AM-based
closure on December 31 and counting
backward into the year for the number
of days necessary to achieve the
reduction in landings required so
landings do not exceed the applicable
ACL, the AM-based closure period will
be applied on September 30 and count
backward toward the beginning of the
fishing year.
The ACLs for the applicable species
and species groups, and fishing sectors
in the Puerto Rico management area
covered by this temporary rule are as
follows and are given in round weight:
• The commercial ACL for triggerfish
and filefish, combined, is 58,475 lb
(26,524 kg), as specified in
§ 622.12(a)(1)(i)(Q).
• The ACL for spiny lobster
(applicable to the commercial and
recreational sectors) is 327,920 lb
(148,742 kg), as specified in
§ 622.12(a)(1)(iii).
• The commercial ACL for Snapper
Unit 2 is 145,916 lb (66,186 kg), as
specified in § 622.12(a)(1)(i)(D).
• The recreational ACL for triggerfish
and filefish, combined, is 21,929 lb
(9,947 kg), as specified in
§ 622.12(a)(1)(ii)(Q).
• The recreational ACL for jacks is
51,001 lb (23,134 kg), as specified in
§ 622.12(a)(1)(ii)(M).
NMFS has determined that landings
for the species and species groups in
this temporary rule from the Puerto Rico
management area exceeded the
applicable ACLs. Therefore, in
accordance with regulations at 50 CFR
622.12(a), the Assistant Administrator
for NOAA Fisheries (AA) is filing a
notification with the Office of the
Federal Register to reduce the lengths of
the fishing seasons for the applicable
species or species groups in the 2017
fishing year by the amount necessary to
ensure, to the extent practicable, that
landings do not exceed the applicable
ACLs. As described in the Reef Fish and
Spiny Lobster FMPs, and in this
temporary rule, 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
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additional fishing season reduction will
be applied from October 1 forward,
toward the end of the fishing year on
December 31. NMFS evaluates landings
relative to the applicable ACL based on
a moving 3-year average of landings, as
described in the FMPs.
Based on the most recent available
landings data, from the 2013–2015
fishing years, NMFS has determined
that the ACLs for spiny lobster; the
commercial sectors for triggerfish and
filefish (combined), and Snapper Unit 2;
and the recreational sectors of
triggerfish and filefish (combined), and
jacks in the Puerto Rico management
area have been exceeded. In addition,
NMFS has determined that the ACLs for
these species and 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 the identified commercial and
recreational sectors for the species and
species groups listed in this temporary
rule, to reduce the respective 2017
fishing season lengths to ensure that
landings do not exceed the applicable
ACLs in the 2017 fishing year. The 2017
fishing seasons for the applicable
sectors for these species and species
groups in the Puerto Rico management
area of the Caribbean EEZ are closed at
the times and dates listed below. These
closures remain in effect until 12:01
a.m., local time, on October 1, 2017.
• The commercial sector for
triggerfish and filefish, combined, is
closed effective at 12:01 a.m., local time,
on August 13, 2017. Triggerfish and
filefish, combined, includes ocean,
queen, and sargassum triggerfish;
scrawled and whitespotted filefish; and
black durgon;
• The commercial and recreational
sectors for spiny lobster are closed
effective at 12:01 a.m., local time, on
September 7, 2017;
• The commercial sector for Snapper
Unit 2 is closed effective at 12:01 a.m.,
local time, on September 15, 2017.
Snapper Unit 2 includes queen and
cardinal snapper;
• The recreational sector for
triggerfish and filefish, combined, is
closed effective at 12:01 a.m., local time,
on September 18, 2017. Triggerfish and
filefish, combined, includes ocean,
queen, and sargassum triggerfish;
scrawled and whitespotted filefish; and
black durgon; and
• The recreational sector for jacks is
closed effective at 12:01 a.m., local time,
on September 28, 2017. Jacks includes
horse-eye, black, almaco, bar, and
yellow jack; greater amberjack; and blue
runner.
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
After these specified closures, on
October 1, 2017, these applicable
species and species groups will reopen
through December 31, 2017, the end of
the current fishing year.
During the Puerto Rico commercial
sector closures announced in this
temporary rule for the species above,
except for spiny lobster, which is
described below, the commercial
harvest of the indicated species or
species groups is prohibited. All harvest
or possession of the indicated species or
species groups in or from the Puerto
Rico management area is limited to the
recreational bag and possession limits
specified in § 622.437, unless the
recreational sector for the species or
species group is closed, and the sale or
purchase of the indicated species or
species group in or from the Puerto Rico
management area is prohibited.
During the Puerto Rico recreational
sector closures announced in this
temporary rule for the species above,
except for spiny lobster, which is
described below, all recreational harvest
of the indicated species groups is
prohibited, and the recreational bag and
possession limits for the indicated
species groups in or from the Puerto
Rico management area are zero.
During the Puerto Rico spiny lobster
closure announced in this temporary
rule, both the commercial and
recreational sectors for spiny lobster are
closed. The harvest, possession,
purchase, or sale of spiny lobster in or
from the Puerto Rico management area
is prohibited. The bag and possession
limits for spiny lobster 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 and species groups included in
this temporary rule, in the Puerto Rico
management area, 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
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unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rules
implementing the ACLs and AMs for
these species and species groups have
been subject to notice and comment,
and all that remains is to notify the
public that the 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 because many of those affected
by the length of the commercial and
recreational fishing seasons, including
commercial operations, and 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
commercial and recreational fishing
seasons.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 3, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–14293 Filed 7–6–17; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170314268–7582–0]
RIN 0648–BG68
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder
and Scup Fisheries; Fishing Year 2017
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
In this rule, NMFS
implements management measures for
the 2017 summer flounder and scup
recreational fisheries. The implementing
regulations for these fisheries require
NMFS to publish recreational measures
for the fishing year. The intent of these
measures is to constrain recreational
catch to established limits and prevent
overfishing of the summer flounder and
scup resources.
DATES: This rule is effective July 7,
2017. The management measures for the
2017 summer flounder and scup
recreational fisheries are effective July 7,
2017, through December 31, 2017.
SUMMARY:
Frm 00059
Fmt 4700
Copies of the Supplemental
Information Report (SIR) and other
supporting documents for the
recreational harvest measures are
available from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N. State Street, Dover, DE 19901.
The recreational harvest measures
document is also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
public comments and responses
contained in this final rule, and the
summary of impacts and alternatives
contained in this final rule. Copies of
the small entity compliance guide are
available from John K. Bullard, Regional
Administrator, Greater Atlantic Region,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930–2298.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Summary of Final Management
Measures
BILLING CODE 3510–22–P
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In this rule, NMFS specifies
management measures for the 2017
summer flounder and scup recreational
fisheries consistent with the
recommendations of the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission.
NMFS is implementing measures that
apply in the Federal waters of the
exclusive economic zone. These
measures apply to all federallypermitted party/charter vessels with
applicable summer flounder and scup
permits, regardless of where they fish,
unless the state in which they land
implements measures that are more
restrictive. These measures are intended
to achieve, but not exceed, the
previously established 2017 recreational
harvest limits for scup published on
December 28, 2015 (80 FR 80689), and
for summer flounder published on
December 22, 2016 (81 FR 93842).
Summer Flounder Recreational
Management Measures
NMFS is implementing conservation
equivalency to manage the 2017
summer flounder recreational fishery, as
proposed on April 19, 2017 (82 FR
18411). These measures are consistent
with the recommendation of the Council
and Commission. Additional
information on the development of the
2017 measures is provided in the
proposed rule and not repeated here.
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]]>Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31489-31491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14293]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170126124-7124-01]
RIN 0648-XF488
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2017 Accountability Measure-Based Closures for Commercial and
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: Through this temporary rule, NMFS implements accountability
measures (AMs) for species and species groups in the exclusive economic
zone (EEZ) of the U.S. Caribbean off Puerto Rico (Puerto Rico
management area) for the 2017 fishing year. NMFS has determined that
annual catch limits (ACLs) in the Puerto Rico management area were
exceeded for spiny lobster; the commercial sectors of triggerfish and
filefish (combined), and Snapper Unit 2; and the recreational sectors
of triggerfish and filefish (combined), and jacks, based on average
landings during the 2013-2015 fishing years. This temporary rule
reduces the lengths of the 2017 fishing seasons for these species and
species groups by the amounts necessary to ensure, to the extent
practicable, that landings do not exceed the applicable ACLs in 2017.
NMFS closes the applicable sectors for these species and species groups
beginning on the dates specified in the DATES section and continuing
until October 1, 2017. These AMs are necessary to protect the Caribbean
reef fish and spiny lobster resources in the Puerto Rico management
area.
DATES: This rule is effective August 7, 2017, until 12:01 a.m., local
time, on October 1, 2017. The AM-based closures apply in the Puerto
Rico management area for the following species and species groups, and
fishing sectors, at the times and dates specified below, until 12:01
a.m., local time, on October 1, 2017.
Triggerfish and filefish, combined (commercial) effective
at 12:01 a.m., local time, on August 13, 2017;
Spiny lobster (commercial and recreational) effective at
12:01 a.m., local time, on September 7, 2017;
Snapper Unit 2 (commercial) effective at 12:01 a.m., local
time, on September 15, 2017;
Triggerfish and filefish, combined (recreational)
effective at 12:01 a.m., local time, on September 18, 2017;
Jacks (recreational) effective at 12:01 a.m., local time,
on September 28, 2017.
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 triggerfish and filefish, snappers in Snapper Unit 2, and
jacks, and is managed under the Fishery Management Plan (FMP) for the
Reef
[[Page 31490]]
Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Reef Fish
FMP). Caribbean spiny lobster is managed under the FMP for the Spiny
Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (Spiny
Lobster FMP). The FMPs were prepared by the Caribbean Fishery
Management Council (Council) and are 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 (which includes, along with
another amendment, Amendment 5 to the Reef Fish FMP) and the 2011
Caribbean ACL Amendment (which includes, among other amendments,
Amendment 6 to the Reef Fish FMP and Amendment 5 to the Spiny Lobster
FMP) revised the Reef Fish and Spiny Lobster FMPs. Among other actions,
the 2010 and 2011 Caribbean ACL Amendments and the associated final
rules (76 FR 82404, December 30, 2011, and 76 FR 82414, December 30,
2011, respectively) established ACLs and AMs for Caribbean reef fish
and spiny lobster, including the species and 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 Caribbean EEZ, as specified in Appendix E to
part 622. The ACLs for species and species groups in the Puerto Rico
management area, except for spiny lobster, were further allocated
between the commercial and recreational sectors, and AMs apply to each
of these sectors separately.
On May 11, 2016, NMFS published the final rule implementing the
Comprehensive Amendment to the U.S. Caribbean FMPs: Application of AMs
(81 FR 29166). Among other items, the final rule clarified 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 Council's intent in the 2011 Caribbean ACL Amendment, and the
AM applies to both sectors. Additionally, the final rule clarified the
fishing restrictions that occur in the Caribbean EEZ when an ACL is
exceeded, and an AM is triggered and implemented. The Puerto Rico
management area encompasses the EEZ off Puerto Rico.
In addition, on June 8, 2017, NMFS implemented the final rule for
Amendment 8 to the Reef Fish FMP, Amendment 7 to the Spiny Lobster FMP,
and Amendment 6 to the FMP for Corals and Reef Associated Plants and
Invertebrates of Puerto Rico and the U.S. Virgin Islands (collectively
referred to as the AM Timing Amendment) (82 FR 21475, May 9, 2017). The
final rule implementing the AM Timing Amendment modified the date for
initiating an AM-based closure in the event of an ACL overage for the
species and species groups managed by the Council under the
aforementioned FMPs. Instead of initiating an AM-based closure on
December 31 and counting backward into the year for the number of days
necessary to achieve the reduction in landings required so landings do
not exceed the applicable ACL, the AM-based closure period will be
applied on September 30 and count backward toward the beginning of the
fishing year.
The ACLs for the applicable species and species groups, and fishing
sectors in the Puerto Rico management area covered by this temporary
rule are as follows and are given in round weight:
The commercial ACL for triggerfish and filefish, combined,
is 58,475 lb (26,524 kg), as specified in Sec. 622.12(a)(1)(i)(Q).
The ACL for spiny lobster (applicable to the commercial
and recreational sectors) is 327,920 lb (148,742 kg), as specified in
Sec. 622.12(a)(1)(iii).
The commercial ACL for Snapper Unit 2 is 145,916 lb
(66,186 kg), as specified in Sec. 622.12(a)(1)(i)(D).
The recreational ACL for triggerfish and filefish,
combined, is 21,929 lb (9,947 kg), as specified in Sec.
622.12(a)(1)(ii)(Q).
The recreational ACL for jacks is 51,001 lb (23,134 kg),
as specified in Sec. 622.12(a)(1)(ii)(M).
NMFS has determined that landings for the species and species
groups in this temporary rule from the Puerto Rico management area
exceeded the applicable ACLs. Therefore, in accordance with regulations
at 50 CFR 622.12(a), the Assistant Administrator for NOAA Fisheries
(AA) is filing a notification with the Office of the Federal Register
to reduce the lengths of the fishing seasons for the applicable species
or species groups in the 2017 fishing year by the amount necessary to
ensure, to the extent practicable, that landings do not exceed the
applicable ACLs. As described in the Reef Fish and Spiny Lobster FMPs,
and in this temporary rule, 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 on December 31. NMFS
evaluates landings relative to the applicable ACL based on a moving 3-
year average of landings, as described in the FMPs.
Based on the most recent available landings data, from the 2013-
2015 fishing years, NMFS has determined that the ACLs for spiny
lobster; the commercial sectors for triggerfish and filefish
(combined), and Snapper Unit 2; and the recreational sectors of
triggerfish and filefish (combined), and jacks in the Puerto Rico
management area have been exceeded. In addition, NMFS has determined
that the ACLs for these species and 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 the identified commercial
and recreational sectors for the species and species groups listed in
this temporary rule, to reduce the respective 2017 fishing season
lengths to ensure that landings do not exceed the applicable ACLs in
the 2017 fishing year. The 2017 fishing seasons for the applicable
sectors for these species and species groups in the Puerto Rico
management area of the Caribbean EEZ are closed at the times and dates
listed below. These closures remain in effect until 12:01 a.m., local
time, on October 1, 2017.
The commercial sector for triggerfish and filefish,
combined, is closed effective at 12:01 a.m., local time, on August 13,
2017. Triggerfish and filefish, combined, includes ocean, queen, and
sargassum triggerfish; scrawled and whitespotted filefish; and black
durgon;
The commercial and recreational sectors for spiny lobster
are closed effective at 12:01 a.m., local time, on September 7, 2017;
The commercial sector for Snapper Unit 2 is closed
effective at 12:01 a.m., local time, on September 15, 2017. Snapper
Unit 2 includes queen and cardinal snapper;
The recreational sector for triggerfish and filefish,
combined, is closed effective at 12:01 a.m., local time, on September
18, 2017. Triggerfish and filefish, combined, includes ocean, queen,
and sargassum triggerfish; scrawled and whitespotted filefish; and
black durgon; and
The recreational sector for jacks is closed effective at
12:01 a.m., local time, on September 28, 2017. Jacks includes horse-
eye, black, almaco, bar, and yellow jack; greater amberjack; and blue
runner.
[[Page 31491]]
After these specified closures, on October 1, 2017, these
applicable species and species groups will reopen through December 31,
2017, the end of the current fishing year.
During the Puerto Rico commercial sector closures announced in this
temporary rule for the species above, except for spiny lobster, which
is described below, the commercial harvest of the indicated species or
species groups is prohibited. All harvest or possession of the
indicated species or species groups in or from the Puerto Rico
management area is limited to the recreational bag and possession
limits specified in Sec. 622.437, unless the recreational sector for
the species or species group is closed, and the sale or purchase of the
indicated species or species group in or from the Puerto Rico
management area is prohibited.
During the Puerto Rico recreational sector closures announced in
this temporary rule for the species above, except for spiny lobster,
which is described below, all recreational harvest of the indicated
species groups is prohibited, and the recreational bag and possession
limits for the indicated species groups in or from the Puerto Rico
management area are zero.
During the Puerto Rico spiny lobster closure announced in this
temporary rule, both the commercial and recreational sectors for spiny
lobster are closed. The harvest, possession, purchase, or sale of spiny
lobster in or from the Puerto Rico management area is prohibited. The
bag and possession limits for spiny lobster 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 and species groups included in this temporary
rule, in the Puerto Rico management area, 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 and species groups have been subject to notice
and comment, and all that remains is to notify the public that the 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 because many of those
affected by the length of the commercial and recreational fishing
seasons, including commercial operations, and 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 commercial and recreational fishing seasons.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 3, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-14293 Filed 7-6-17; 8:45 am]
BILLING CODE 3510-22-P
