Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Regulatory Amendment 6 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands, 43733-43737 [2017-19927]
Download as PDF
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170510477–7477–01]
RIN 0648–BG88
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Regulatory
Amendment 6 to the Reef Fish Fishery
Management Plan 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
the measures described in Regulatory
Amendment 6 to the Fishery
Management Plan for the Reef Fish
Fishery of Puerto Rico and the U.S.
Virgin Islands (USVI)(FMP), as prepared
and submitted by the Caribbean Fishery
Management Council (Council). This
proposed rule would revise the method
used to trigger the application of
accountability measures (AM) for
Council-managed reef fish species or
species groups in the Puerto Rico
exclusive economic zone (EEZ). The
purpose of this proposed rule is to
increase the likelihood that optimum
yield (OY) is achieved on a continuing
basis and to minimize, to the extent
practicable, adverse socio-economic
effects of AM-based closures.
DATES: Written comments must be
received on or before October 19, 2017.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2017–0074’’ by either
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-20170074, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Sarah Stephenson, 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
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:36 Sep 18, 2017
Jkt 241001
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 Regulatory
Amendment 6, 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:
Sarah Stephenson, telephone: 727–824–
5305; email: sarah.stephenson@
noaa.gov.
SUPPLEMENTARY INFORMATION: In the U.S.
Caribbean EEZ, the reef fish fishery is
managed under the FMP. The FMP was
prepared by the Council and is
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.).
Background
The current AMs in the Puerto Rico
EEZ, applicable to Council-managed
reef fish species or species groups,
require NMFS to reduce the length of
the Federal fishing season in the fishing
year following a determination that
landings for a species or species group
exceeded the applicable sector annual
catch limit (ACL). As specified in the
FMP, the landings determination is
based on the applicable 3-year landings
average. However, 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, NMFS will not
reduce the length of the fishing season
the following fishing year. The current
AM-based closure is triggered and
applied when the sector ACL is
exceeded, even if the total ACL (i.e.,
combined commercial and recreational
ACLs) for a species or species group was
not exceeded. For all Council-managed
reef fish species or species groups, the
total ACL equals the annual estimate of
OY and is set at a level that is
considered to be sustainable for the
species or species group. Therefore, the
application of the current AM for Puerto
Rico reef fish could translate into lost
yield from the affected species or
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
43733
species group (if the sector ACL is
exceeded, but the total ACL is not),
potentially resulting in negative socioeconomic impacts.
Sector-specific data are not available
for other federally managed species in
the Puerto Rico EEZ (e.g., queen conch,
spiny lobster) or for other federally
managed species or species groups in
the U.S. Caribbean EEZ, so those species
and species groups are not included in
Regulatory Amendment 6. Therefore,
Regulatory Amendment 6 and this
proposed rule apply only to federallymanaged reef fish species and species
groups in the Puerto Rico EEZ.
Management Measure Contained in
This Proposed Rule
This proposed rule would revise the
trigger for implementing AM-based
fishing season reductions, for all reef
fish species or species groups managed
by the Council in the Puerto Rico EEZ.
Specifically, an AM-based closure
would be triggered only when both the
applicable sector (recreational or
commercial) ACL and the total ACL for
a species or species group is exceeded.
If both the sector ACL and the total ACL
are exceeded, the AM would be applied
to the sector or sectors that experienced
the overage. The duration of any
implemented AM-based closure would
continue to be based on the extent to
which the applicable sector ACL was
exceeded and would be calculated and
applied using the current practices and
methods. However, consistent with the
current regulations, if NMFS determines
that either of the applicable ACLs was
exceeded because of enhanced data
collection and monitoring efforts,
instead of an increase in catch, NMFS
will not reduce the length of the fishing
season. For example, if NMFS
determines that the applicable sector
ACL exceedance for a species or species
group is not attributable to enhanced
data collection and monitoring efforts,
but that the total ACL exceedance is
attributable to enhanced data collection
and monitoring efforts, NMFS will not
reduce the length of the sector’s fishing
season for the applicable species or
species group the following fishing year.
This proposed rule to implement
Regulatory Amendment 6 is expected to
increase the likelihood that OY is
achieved on a continuing basis and to
minimize adverse socio-economic
effects from the implementation of AMs,
while still helping to ensure that AMbased closures constrain harvest to the
total ACL and prevent overfishing.
Under the current AM regulations,
fishing season reductions have been
applied in Puerto Rico when a specific
fishing sector has exceeded its sector
E:\FR\FM\19SEP1.SGM
19SEP1
43734
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
ACL even when the total ACL
(equivalent to an annual estimate of OY)
for the species or species group was not
reached. As described in Regulatory
Amendment 6, assuming each sector
harvests at a similar rate from year to
year, the current AM-based fishing
season reductions increase the
likelihood that the total ACL for a
species or species group will not be
achieved in the year the closure is
applied. Modifying the AM trigger for a
fishing season reduction from an
overage of the sector ACL to an overage
of both the sector and the total ACL
increases the likelihood that OY for a
species or species group will be
achieved on a continuing basis.
Additionally, the proposed revision to
the AM would result in the AM being
triggered less frequently and thereby
result in fewer fishing season
reductions. A reduced number of fishing
season reductions for a sector would be
expected to result in increased socioeconomic benefits to the applicable
sector and the associated fishing
communities. NMFS notes that the
method for calculating the landings
determination using the 3-year landings
average for a species or species group
will not change through this proposed
rule.
NMFS notes that in the codified text
for this proposed rule, amendatory
instruction 2 would revise the entire
§ 622.12. While the proposed rule only
affects management in Puerto Rico
Federal waters, the section as a whole
is revised as a result of the proposed
action to more clearly and distinctly
describe the AMs and ACLs throughout
the U.S. Caribbean EEZ. The proposed
rule would also revise some regulatory
citations within § 622.12 and § 622.491
to reflect changes made to the regulatory
text as a result of this proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, 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 adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
VerDate Sep<11>2014
16:33 Sep 18, 2017
Jkt 241001
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the preamble. In summary,
this action revises how AMs are
triggered for the reef fish fishery in the
Puerto Rico EEZ, to increase the
likelihood that OY is achieved on a
continuing basis and to minimize, to the
extent practicable, adverse socioeconomic effects of AM-based closures
in accordance with the National
Standards set forth in the MagnusonStevens Act. The Magnuson-Stevens Act
provides the statutory basis for this
proposed rule.
This proposed rule would directly
affect recreational and commercial
fishing for reef fish managed by the
Caribbean Fishery Management Council
in Federal waters of the U.S. Caribbean
off Puerto Rico. Anglers (recreational
fishers), whether fishing from for-hire,
private or leased vessels, are not
considered small entities as that term is
defined in 5 U.S.C. 601(6). Therefore,
estimates of the number of anglers
directly affected by the rule and the
impacts on them are not provided here.
NMFS estimates there are 795
commercial fishing businesses in Puerto
Rico and the average annual dockside
revenue of these businesses is $10,000
each. For RFA purposes, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily involved in
commercial fishing (NAICS 11411) is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and its
combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide. Based
on the average annual revenue for the
795 commercial fishing businesses, it is
concluded that all of Puerto Rico’s
commercial fishing businesses are
small. It is unknown how many of these
small businesses harvest reef fish in
Federal waters; however, it is possible
that all 795 of these businesses may be
directly affected by the proposed rule.
This action would revise the trigger
for implementing AMs for Councilmanaged reef fish species and species
groups in the Puerto Rico EEZ.
Currently, if commercial landings of a
federally managed reef fish species or
species group exceed the commercial
ACL for that species or species group,
the length of the following year’s
Federal fishing season for that species or
species group is reduced by the amount
necessary to ensure commercial
landings do not again exceed the
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
commercial ACL, even if the total ACL
(the combined commercial and
recreational sector ACLs) is not
exceeded by combined recreational and
commercial landings. That occurred in
2016, for example, when the
commercial season for Snapper Unit 2
in Puerto Rico was reduced by 36 days
because commercial landings of
Snapper Unit 2 had exceeded the
pertinent commercial ACL, even though
combined commercial and recreational
landings of Snapper Unit 2 were less
than the total ACL (81 FR 34283, May
31, 2016).
This action would benefit small
commercial fishing businesses by
reducing the potential adverse economic
impact, if any, caused by a reduction in
the length of the Federal commercial
season required by the current AM. The
action changes the trigger for the AMs,
potentially reducing the number of AMbased reductions in length of the
Federal commercial fishing season, and
benefitting those who are negatively
affected by such reductions. The actual
adverse impact caused by a reduction in
the length of a Federal commercial
fishing season, is dependent on the
extent to which commercial fishing for
a species or species group occurs in
Federal waters and on the ability of a
commercial fishing business to change
intensity of effort in anticipation of a
possible reduced season in Federal
waters; commercial businesses that fish
for species in federal waters and are not
able to change their behavior in
anticipation of Federal commercial
fishing season reductions are most
impacted by the fishing season
reductions and could see the most
benefit from changing the AM trigger
and reducing the potential for an AMbased fishing season reduction.
However, NMFS is unable to provide
estimates of the baseline adverse
economic impact of shortened fishing
seasons caused by the current AM
without making assumptions as to the
magnitudes of those factors.
However, NMFS estimates that if the
2016 commercial season for Snapper
Unit 2 had not closed early and if all
additional landings of Snapper Unit 2
were from the commercial sector and
from Federal waters, each small
business could have landed an
additional 28 lb (12.7 kg) of Snapper
Unit 2, which would equate to an
additional dockside value of $143 per
business that year. For a small
commercial fishing business that has
average annual dockside revenue of
$10,000, that maximum benefit would
represent a 1.43 percent increase in
annual revenue. Therefore, it is
concluded that the rule would not have
E:\FR\FM\19SEP1.SGM
19SEP1
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules
a significant economic impact on a
substantial number of small entities
under the RFA, 5 U.S.C. 601 et seq;
however, small businesses are
encouraged to comment on this
conclusion.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual
catch limits, Caribbean, Fisheries,
Fishing, Puerto Rico.
Dated: September 14, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF 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. Revise § 622.12 to read as follows:
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
§ 622.12 Annual catch limits (ACLs) and
accountability measures (AMs) for
Caribbean island management areas/
Caribbean EEZ.
(a) Puerto Rico management area. See
Appendix E of this part for specification
of the Puerto Rico management area.
(1) Queen conch. See § 622.491
regarding seasonal and area closure
provisions and ACL closure provisions
applicable to queen conch.
(i) Commercial ACL. For the EEZ
only, 0 lb (0 kg), round weight.
(ii) Recreational ACL. For the EEZ
only, 0 lb (0 kg), round weight.
(2) Reef fish. Landings will be
evaluated relative to the applicable ACL
based on a moving multi-year average of
landings, as described in the FMP. With
the exceptions of goliath grouper,
Nassau grouper, midnight parrotfish,
blue parrotfish, and rainbow parrotfish,
ACLs are based on the combined
Caribbean EEZ and territorial landings
for the Puerto Rico management area. As
described in the FMP, for each species
or species group in this paragraph, any
fishing season reduction required under
(a)(2)(i) or (ii) 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.
(i) Commercial sector. If commercial
landings, as estimated by the SRD, have
VerDate Sep<11>2014
16:33 Sep 18, 2017
Jkt 241001
exceeded the applicable species or
species group commercial ACL, as
specified in paragraph (a)(2)(i) of this
section, and the combined commercial
and recreational landings have exceeded
the applicable combined commercial
and recreational sector ACL (total ACL),
as specified in paragraph (a)(2)(iii) of
this section, 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 for the commercial sector
that year by the amount necessary to
ensure that commercial landings do not
exceed the applicable commercial ACL
for the species or species group. If
NMFS determines that either the
applicable commercial ACL or total ACL
for a particular species or species group
was exceeded because of enhanced data
collection and monitoring efforts
instead of an increase in catch of the
species or species group, NMFS will not
reduce the length of the commercial
fishing season for the applicable species
or species group the following fishing
year. The commercial ACLs, in round
weight, are as follows:
(A) Parrotfishes—52,737 lb (23,915
kg).
(B) Snapper Unit 1—284,685 lb
(129,131 kg).
(C) Snapper Unit 2—145,916 lb
(66,186 kg).
(D) Snapper Unit 3—345,775 lb
(156,841 kg).
(E) Snapper Unit 4—373,295 lb
(169,324 kg).
(F) Groupers—177,513 lb (80,519 kg).
(G) Angelfish—8,984 lb (4,075 kg).
(H) Boxfish—86,115 lb (39,061 kg).
(I) Goatfishes—17,565 lb (7,967 kg).
(J) Grunts—182,396 lb (82,733 kg).
(K) Wrasses—54,147 lb (24,561 kg).
(L) Jacks—86,059 lb (39,036 kg).
(M) Scups and porgies, combined—
24,739 lb (11,221 kg).
(N) Squirrelfish—16,663 lb (7,558 kg).
(O) Surgeonfish—7,179 lb (3,256 kg).
(P) Triggerfish and filefish,
combined—58,475 lb (26,524 kg).
(ii) Recreational sector. If recreational
landings, as estimated by the SRD, have
exceeded the applicable species or
species group recreational ACL, as
specified in paragraph (a)(2)(ii) of this
section, and the combined commercial
and recreational landings have exceeded
the applicable combined commercial
and recreational sector ACL (total ACL),
as specified in paragraph (a)(2)(iii) of
this section, 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
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
43735
season for the applicable species or
species groups for the recreational
sector that year by the amount necessary
to ensure that recreational landings do
not exceed the applicable species or
species group recreational ACL. If
NMFS determines that either the
applicable recreational ACL or total
ACL for a particular species or species
group was exceeded because of
enhanced data collection and
monitoring efforts instead of an increase
in 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. The recreational ACLs, in round
weight, are as follows:
(A) Parrotfishes—15,263 lb (6,921 kg).
(B) Snapper Unit 1—95,526 lb (43,330
kg).
(C) Snapper Unit 2—34,810 lb (15,790
kg).
(D) Snapper Unit 3—83,158 lb (37,720
kg).
(E) Snapper Unit 4—28,509 lb (12,931
kg).
(F) Groupers—77,213 lb (35,023 kg).
(G) Angelfish—4,492 lb (2,038 kg).
(H) Boxfish—4,616 lb (2,094 kg).
(I) Goatfishes—362 lb (164 kg).
(J) Grunts—5,028 lb (2,281 kg).
(K) Wrasses—5,050 lb (2,291 kg).
(L) Jacks—51,001 lb (23,134 kg).
(M) Scups and porgies, combined—
2,577 lb (1,169 kg).
(N) Squirrelfish—3,891 lb (1,765 kg).
(O) Surgeonfish—3,590 lb (1,628 kg).
(P) Triggerfish and filefish,
combined—21,929 lb (9,947 kg).
(iii) Total ACLs. The total ACLs
(combined commercial and recreational
ACL), in round weight, are as follows:
(A) Parrotfishes—68,000 lb (30,844
kg).
(B) Snapper Unit 1—380,211 lb
(172,461 kg).
(C) Snapper Unit 2—180,726 lb
(81,976 kg).
(D) Snapper Unit 3—428,933 lb
(194,561 kg).
(E) Snapper Unit 4—401,804 lb
(182,255 kg).
(F) Groupers—254,726 lb (115,542
kg).
(G) Angelfish—13,476 lb (6,113 kg).
(H) Boxfish—90,731 lb (41,155 kg).
(I) Goatfishes—17,927 lb (8,132 kg).
(J) Grunts—187,424 lb (85,014 kg).
(K) Wrasses—59,197 lb (26,851 kg).
(L) Jacks—137,060 lb (62,169 kg).
(M) Scups and porgies, combined—
27,316 lb (kg).
(N) Squirrelfish—20,554 lb (9,323 kg).
(O) Surgeonfish—10,769 lb (4,885 kg).
(P) Triggerfish and filefish,
combined—80,404 lb (36,471 kg).
(3) Spiny lobster. Landings will be
evaluated relative to the ACL based on
E:\FR\FM\19SEP1.SGM
19SEP1
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
43736
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules
a moving multi-year average of landings,
as described in the FMP. The ACL is
based on the combined Caribbean EEZ
and territorial landings for the Puerto
Rico management area. If landings, as
estimated by the SRD, have exceeded
the ACL, as specified in this paragraph,
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 spiny lobster that year by the
amount necessary to ensure landings do
not exceed the ACL. If NMFS
determines the ACL was exceeded
because of enhanced data collection and
monitoring efforts instead of an increase
in total catch, NMFS will not reduce the
length of the fishing season the
following fishing year. As described in
the FMP, any fishing season reduction
required as a result of this paragraph
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. The ACL is 327,920 lb
(148,742 kg), round weight.
(b) St. Croix management area. See
Appendix E of this part for specification
of the St. Croix management area.
(1) Queen conch. See § 622.491
regarding seasonal and area closure
provisions and ACL closure provisions
applicable to queen conch. The ACL is
50,000 lb (22,680 kg), round weight.
(2) Reef fish. Landings will be
evaluated relative to the applicable ACL
based on a moving multi-year average of
landings, as described in the FMP. With
the exception of goliath grouper, Nassau
grouper, midnight parrotfish, blue
parrotfish, and rainbow parrotfish, ACLs
are based on the combined Caribbean
EEZ and territorial landings for the St.
Croix management area. If landings, as
estimated by the SRD, have exceeded
the applicable ACL for a species or
species group, as specified in this
paragraph, 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 group that year by the amount
necessary to ensure landings do not
exceed the applicable ACL. If NMFS
determines the ACL for a particular
species or species group was exceeded
because of enhanced data collection and
monitoring efforts instead of an increase
in total catch of the species or species
group, NMFS will not reduce the length
of the fishing season for the applicable
VerDate Sep<11>2014
16:33 Sep 18, 2017
Jkt 241001
species or species group the following
fishing year. As described in the FMP,
for each species or species group in this
paragraph, any fishing season reduction
required as a result of this paragraph
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. The ACLs, in round
weight, are as follows:
(i) Parrotfishes—240,000 lb (108,863
kg).
(ii) Snappers—102,946 lb (46,696 kg).
(iii) Groupers—30,435 lb (13,805 kg).
(iv) Angelfish—305 lb (138 kg).
(v) Boxfish—8,433 lb (3,825 kg).
(vi) Goatfishes—3,766 lb (1,708 kg).
(vii) Grunts—36,881 lb (16,729 kg).
(viii) Wrasses—7 lb (3 kg).
(ix) Jacks—15,489 lb (7,076 kg).
(x) Scups and porgies, combined—
4,638 lb (2,104 kg).
(xi) Squirrelfish—121 lb (55 kg).
(xii) Surgeonfish—33,603 lb (15,242
kg).
(xiii) Triggerfish and filefish,
combined—24,980 lb (11,331 kg).
(3) Spiny lobster. Landings will be
evaluated relative to the ACL based on
a moving multi-year average of landings,
as described in the FMP. The ACL is
based on the combined Caribbean EEZ
and territorial landings for the St. Croix
management area. If landings, as
estimated by the SRD, have exceeded
the ACL, as specified in this paragraph,
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 that year by the amount
necessary to ensure landings do not
exceed the ACL. If NMFS determines
the ACL was exceeded because of
enhanced data collection and
monitoring efforts instead of an increase
in total catch, NMFS will not reduce the
length of the fishing season for the
following fishing year. As described in
the FMP, any fishing season reduction
required as a result of this paragraph
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. The ACL is 107,307 lb
(48,674 kg), round weight.
(c) St. Thomas/St. John management
area. See Appendix E of this part for
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
specification of the St. Thomas/St. John
management area.
(1) Queen conch. See § 622.491
regarding seasonal and area closure
provisions and ACL closure provisions
applicable to queen conch. The ACL is
0 lb (0 kg), round weight, for the EEZ
only.
(2) Reef fish. Landings will be
evaluated relative to the applicable ACL
based on a moving multi-year average of
landings, as described in the FMP. With
the exception of goliath grouper, Nassau
grouper, midnight parrotfish, blue
parrotfish, and rainbow parrotfish, ACLs
are based on the combined Caribbean
EEZ and territorial landings for St.
Thomas/St. John management area. If
landings, as estimated by the SRD, have
exceeded the applicable ACL for a
species or species group, as specified in
this paragraph, 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 group that year by the amount
necessary to ensure landings do not
exceed the applicable ACL. If NMFS
determines the ACL for a particular
species or species group was exceeded
because of enhanced data collection and
monitoring efforts instead of an increase
in total catch of the species or species
group, NMFS will not reduce the length
of the fishing season for the applicable
species or species group the following
fishing year. As described in the FMP,
for each species or species group in this
paragraph, any fishing season reduction
required as a result of this paragraph
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. The ACLs, in round
weight, are as follows:
(i) Parrotfishes—42,500 lb (19,278 kg).
(ii) Snappers—133,775 lb (60,679 kg).
(iii) Groupers—51,849 lb (23,518 kg).
(iv) Angelfish—7,897 lb (3,582 kg).
(v) Boxfish—27,880 lb (12,646 kg).
(vi) Goatfishes—320 lb (145 kg).
(vii) Grunts—37,617 lb (17,063 kg).
(viii) Wrasses—585 lb (265 kg).
(ix) Jacks—52,907 lb (23,998 kg).
(x) Scups and porgies, combined—
21,819 lb (9,897 kg).
(xi) Squirrelfish—4,241 lb (1,924 kg).
(xii) Surgeonfish—29,249 lb (13,267
kg).
(xiii) Triggerfish and filefish,
combined—74,447 lb (33,769 kg).
(3) Spiny lobster. Landings will be
evaluated relative to the ACL based on
E:\FR\FM\19SEP1.SGM
19SEP1
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules
a moving multi-year average of landings,
as described in the FMP. The ACL is
based on the combined Caribbean EEZ
and territorial landings for the St.
Thomas/St. John management area. If
landings, as estimated by the SRD, have
exceeded the ACL, as specified in this
paragraph, 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 that year by the amount
necessary to ensure landings do not
exceed the ACL. If NMFS determines
the ACL was exceeded because of
enhanced data collection and
monitoring efforts instead of an increase
in total catch, NMFS will not reduce the
length of the fishing season for the
following fishing year. As described in
the FMP, any fishing season reduction
required as a result of this paragraph
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. The ACL is 104,199 lb
(47,264 kg), round weight.
(d) Caribbean EEZ. Landings will be
evaluated relative to the applicable ACL
based on a moving multi-year average of
landings, as described in the FMPs. The
ACLs are based on the combined
Caribbean EEZ and territorial landings,
throughout the Caribbean EEZ. If
landings from the Caribbean EEZ for
tilefish and aquarium trade species, as
estimated by the SRD, have exceeded
the applicable ACL, as specified in this
paragraph, the AA will file a
notification with the Office of the
Federal Register, at or near the
beginning of the following fishing year,
to reduce the length of the fishing
season for the applicable species or
species groups that year by the amount
necessary to ensure landings do not
exceed the applicable ACL. If NMFS
determines the applicable ACL was
exceeded because of enhanced data
collection and monitoring efforts
instead of an increase in total catch,
NMFS will not reduce the length of the
fishing season for the following fishing
VerDate Sep<11>2014
16:33 Sep 18, 2017
Jkt 241001
year. As described in the FMPs, for each
species or species group in this
paragraph, any fishing season reduction
required as a result of this paragraph
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. The ACLs, in round
weight, are as follows:
(1) Tilefish—14,642 lb (6,641 kg).
(2) Aquarium trade species—8,155 lb
(3,699 kg).
(e) Closure provisions. (1) Restrictions
applicable after a Puerto Rico closure.
(i) Restrictions applicable after a
Puerto Rico commercial closure for reef
fish species or species groups. During
the closure period announced in the
notification filed pursuant to paragraph
(a)(2)(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
(e)(1)(iii) of this section apply.
(ii) Restrictions applicable after a
Puerto Rico recreational closure for reef
fish species or species groups. During
the closure period announced in the
notification filed pursuant to paragraph
(a)(2)(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 (e)(1)(iii) of this section
apply.
(iii) Restrictions applicable when both
Puerto Rico commercial and Puerto Rico
recreational sectors for reef fish species
or species groups are closed. If the
PO 00000
Frm 00025
Fmt 4702
Sfmt 9990
43737
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)(3) of this section, both the
commercial and recreational sectors are
closed. 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 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 (b), (c), or (d) 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.
■ 2. In § 622.491, revise the first
sentence of paragraph (b) to read as
follows:
§ 622.491
Seasonal and area closures.
*
*
*
*
*
(b) Pursuant to the procedures and
criteria established in the FMP for
Queen Conch Resources in Puerto Rico
and the U.S. Virgin Islands, when the
ACL, as specified in § 622.12(b)(1), is
reached or projected to be reached, the
Regional Administrator will close the
Caribbean EEZ to the harvest and
possession of queen conch, in the area
east of 64°34′ W. longitude which
includes Lang Bank, east of St. Croix,
U.S. Virgin Islands, by filing a
notification of closure with the Office of
the Federal Register. * * *
[FR Doc. 2017–19927 Filed 9–18–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19SEP1.SGM
19SEP1
Agencies
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Proposed Rules]
[Pages 43733-43737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19927]
[[Page 43733]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170510477-7477-01]
RIN 0648-BG88
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Regulatory Amendment 6 to the Reef Fish Fishery Management Plan 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 the measures described in
Regulatory Amendment 6 to the Fishery Management Plan for the Reef Fish
Fishery of Puerto Rico and the U.S. Virgin Islands (USVI)(FMP), as
prepared and submitted by the Caribbean Fishery Management Council
(Council). This proposed rule would revise the method used to trigger
the application of accountability measures (AM) for Council-managed
reef fish species or species groups in the Puerto Rico exclusive
economic zone (EEZ). The purpose of this proposed rule is to increase
the likelihood that optimum yield (OY) is achieved on a continuing
basis and to minimize, to the extent practicable, adverse socio-
economic effects of AM-based closures.
DATES: Written comments must be received on or before October 19, 2017.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2017-0074'' by either 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-2017-0074, click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments.
Mail: Submit written comments to Sarah Stephenson,
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 Regulatory Amendment 6, 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: Sarah Stephenson, telephone: 727-824-
5305; email: sarah.stephenson@noaa.gov.
SUPPLEMENTARY INFORMATION: In the U.S. Caribbean EEZ, the reef fish
fishery is managed under the FMP. The FMP was prepared by the Council
and is 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.).
Background
The current AMs in the Puerto Rico EEZ, applicable to Council-
managed reef fish species or species groups, require NMFS to reduce the
length of the Federal fishing season in the fishing year following a
determination that landings for a species or species group exceeded the
applicable sector annual catch limit (ACL). As specified in the FMP,
the landings determination is based on the applicable 3-year landings
average. However, 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, NMFS will
not reduce the length of the fishing season the following fishing year.
The current AM-based closure is triggered and applied when the sector
ACL is exceeded, even if the total ACL (i.e., combined commercial and
recreational ACLs) for a species or species group was not exceeded. For
all Council-managed reef fish species or species groups, the total ACL
equals the annual estimate of OY and is set at a level that is
considered to be sustainable for the species or species group.
Therefore, the application of the current AM for Puerto Rico reef fish
could translate into lost yield from the affected species or species
group (if the sector ACL is exceeded, but the total ACL is not),
potentially resulting in negative socio-economic impacts.
Sector-specific data are not available for other federally managed
species in the Puerto Rico EEZ (e.g., queen conch, spiny lobster) or
for other federally managed species or species groups in the U.S.
Caribbean EEZ, so those species and species groups are not included in
Regulatory Amendment 6. Therefore, Regulatory Amendment 6 and this
proposed rule apply only to federally-managed reef fish species and
species groups in the Puerto Rico EEZ.
Management Measure Contained in This Proposed Rule
This proposed rule would revise the trigger for implementing AM-
based fishing season reductions, for all reef fish species or species
groups managed by the Council in the Puerto Rico EEZ. Specifically, an
AM-based closure would be triggered only when both the applicable
sector (recreational or commercial) ACL and the total ACL for a species
or species group is exceeded. If both the sector ACL and the total ACL
are exceeded, the AM would be applied to the sector or sectors that
experienced the overage. The duration of any implemented AM-based
closure would continue to be based on the extent to which the
applicable sector ACL was exceeded and would be calculated and applied
using the current practices and methods. However, consistent with the
current regulations, if NMFS determines that either of the applicable
ACLs was exceeded because of enhanced data collection and monitoring
efforts, instead of an increase in catch, NMFS will not reduce the
length of the fishing season. For example, if NMFS determines that the
applicable sector ACL exceedance for a species or species group is not
attributable to enhanced data collection and monitoring efforts, but
that the total ACL exceedance is attributable to enhanced data
collection and monitoring efforts, NMFS will not reduce the length of
the sector's fishing season for the applicable species or species group
the following fishing year.
This proposed rule to implement Regulatory Amendment 6 is expected
to increase the likelihood that OY is achieved on a continuing basis
and to minimize adverse socio-economic effects from the implementation
of AMs, while still helping to ensure that AM-based closures constrain
harvest to the total ACL and prevent overfishing. Under the current AM
regulations, fishing season reductions have been applied in Puerto Rico
when a specific fishing sector has exceeded its sector
[[Page 43734]]
ACL even when the total ACL (equivalent to an annual estimate of OY)
for the species or species group was not reached. As described in
Regulatory Amendment 6, assuming each sector harvests at a similar rate
from year to year, the current AM-based fishing season reductions
increase the likelihood that the total ACL for a species or species
group will not be achieved in the year the closure is applied.
Modifying the AM trigger for a fishing season reduction from an overage
of the sector ACL to an overage of both the sector and the total ACL
increases the likelihood that OY for a species or species group will be
achieved on a continuing basis. Additionally, the proposed revision to
the AM would result in the AM being triggered less frequently and
thereby result in fewer fishing season reductions. A reduced number of
fishing season reductions for a sector would be expected to result in
increased socio-economic benefits to the applicable sector and the
associated fishing communities. NMFS notes that the method for
calculating the landings determination using the 3-year landings
average for a species or species group will not change through this
proposed rule.
NMFS notes that in the codified text for this proposed rule,
amendatory instruction 2 would revise the entire Sec. 622.12. While
the proposed rule only affects management in Puerto Rico Federal
waters, the section as a whole is revised as a result of the proposed
action to more clearly and distinctly describe the AMs and ACLs
throughout the U.S. Caribbean EEZ. The proposed rule would also revise
some regulatory citations within Sec. 622.12 and Sec. 622.491 to
reflect changes made to the regulatory text as a result of this
proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, 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 adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble.
In summary, this action revises how AMs are triggered for the reef fish
fishery in the Puerto Rico EEZ, to increase the likelihood that OY is
achieved on a continuing basis and to minimize, to the extent
practicable, adverse socio-economic effects of AM-based closures in
accordance with the National Standards set forth in the Magnuson-
Stevens Act. The Magnuson-Stevens Act provides the statutory basis for
this proposed rule.
This proposed rule would directly affect recreational and
commercial fishing for reef fish managed by the Caribbean Fishery
Management Council in Federal waters of the U.S. Caribbean off Puerto
Rico. Anglers (recreational fishers), whether fishing from for-hire,
private or leased vessels, are not considered small entities as that
term is defined in 5 U.S.C. 601(6). Therefore, estimates of the number
of anglers directly affected by the rule and the impacts on them are
not provided here.
NMFS estimates there are 795 commercial fishing businesses in
Puerto Rico and the average annual dockside revenue of these businesses
is $10,000 each. For RFA purposes, NMFS has established a small
business size standard for businesses, including their affiliates,
whose primary industry is commercial fishing (see 50 CFR 200.2). A
business primarily involved in commercial fishing (NAICS 11411) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. Based on the
average annual revenue for the 795 commercial fishing businesses, it is
concluded that all of Puerto Rico's commercial fishing businesses are
small. It is unknown how many of these small businesses harvest reef
fish in Federal waters; however, it is possible that all 795 of these
businesses may be directly affected by the proposed rule.
This action would revise the trigger for implementing AMs for
Council-managed reef fish species and species groups in the Puerto Rico
EEZ. Currently, if commercial landings of a federally managed reef fish
species or species group exceed the commercial ACL for that species or
species group, the length of the following year's Federal fishing
season for that species or species group is reduced by the amount
necessary to ensure commercial landings do not again exceed the
commercial ACL, even if the total ACL (the combined commercial and
recreational sector ACLs) is not exceeded by combined recreational and
commercial landings. That occurred in 2016, for example, when the
commercial season for Snapper Unit 2 in Puerto Rico was reduced by 36
days because commercial landings of Snapper Unit 2 had exceeded the
pertinent commercial ACL, even though combined commercial and
recreational landings of Snapper Unit 2 were less than the total ACL
(81 FR 34283, May 31, 2016).
This action would benefit small commercial fishing businesses by
reducing the potential adverse economic impact, if any, caused by a
reduction in the length of the Federal commercial season required by
the current AM. The action changes the trigger for the AMs, potentially
reducing the number of AM-based reductions in length of the Federal
commercial fishing season, and benefitting those who are negatively
affected by such reductions. The actual adverse impact caused by a
reduction in the length of a Federal commercial fishing season, is
dependent on the extent to which commercial fishing for a species or
species group occurs in Federal waters and on the ability of a
commercial fishing business to change intensity of effort in
anticipation of a possible reduced season in Federal waters; commercial
businesses that fish for species in federal waters and are not able to
change their behavior in anticipation of Federal commercial fishing
season reductions are most impacted by the fishing season reductions
and could see the most benefit from changing the AM trigger and
reducing the potential for an AM-based fishing season reduction.
However, NMFS is unable to provide estimates of the baseline adverse
economic impact of shortened fishing seasons caused by the current AM
without making assumptions as to the magnitudes of those factors.
However, NMFS estimates that if the 2016 commercial season for
Snapper Unit 2 had not closed early and if all additional landings of
Snapper Unit 2 were from the commercial sector and from Federal waters,
each small business could have landed an additional 28 lb (12.7 kg) of
Snapper Unit 2, which would equate to an additional dockside value of
$143 per business that year. For a small commercial fishing business
that has average annual dockside revenue of $10,000, that maximum
benefit would represent a 1.43 percent increase in annual revenue.
Therefore, it is concluded that the rule would not have
[[Page 43735]]
a significant economic impact on a substantial number of small entities
under the RFA, 5 U.S.C. 601 et seq; however, small businesses are
encouraged to comment on this conclusion.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual catch limits, Caribbean, Fisheries,
Fishing, Puerto Rico.
Dated: September 14, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF 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. Revise Sec. 622.12 to read as follows:
Sec. 622.12 Annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean island management areas/Caribbean EEZ.
(a) Puerto Rico management area. See Appendix E of this part for
specification of the Puerto Rico management area.
(1) Queen conch. See Sec. 622.491 regarding seasonal and area
closure provisions and ACL closure provisions applicable to queen
conch.
(i) Commercial ACL. For the EEZ only, 0 lb (0 kg), round weight.
(ii) Recreational ACL. For the EEZ only, 0 lb (0 kg), round weight.
(2) Reef fish. Landings will be evaluated relative to the
applicable ACL based on a moving multi-year average of landings, as
described in the FMP. With the exceptions of goliath grouper, Nassau
grouper, midnight parrotfish, blue parrotfish, and rainbow parrotfish,
ACLs are based on the combined Caribbean EEZ and territorial landings
for the Puerto Rico management area. As described in the FMP, for each
species or species group in this paragraph, any fishing season
reduction required under (a)(2)(i) or (ii) 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.
(i) Commercial sector. If commercial landings, as estimated by the
SRD, have exceeded the applicable species or species group commercial
ACL, as specified in paragraph (a)(2)(i) of this section, and the
combined commercial and recreational landings have exceeded the
applicable combined commercial and recreational sector ACL (total ACL),
as specified in paragraph (a)(2)(iii) of this section, 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 for the
commercial sector that year by the amount necessary to ensure that
commercial landings do not exceed the applicable commercial ACL for the
species or species group. If NMFS determines that either the applicable
commercial ACL or total ACL for a particular species or species group
was exceeded because of enhanced data collection and monitoring efforts
instead of an increase in catch of the species or species group, NMFS
will not reduce the length of the commercial fishing season for the
applicable species or species group the following fishing year. The
commercial ACLs, in round weight, are as follows:
(A) Parrotfishes--52,737 lb (23,915 kg).
(B) Snapper Unit 1--284,685 lb (129,131 kg).
(C) Snapper Unit 2--145,916 lb (66,186 kg).
(D) Snapper Unit 3--345,775 lb (156,841 kg).
(E) Snapper Unit 4--373,295 lb (169,324 kg).
(F) Groupers--177,513 lb (80,519 kg).
(G) Angelfish--8,984 lb (4,075 kg).
(H) Boxfish--86,115 lb (39,061 kg).
(I) Goatfishes--17,565 lb (7,967 kg).
(J) Grunts--182,396 lb (82,733 kg).
(K) Wrasses--54,147 lb (24,561 kg).
(L) Jacks--86,059 lb (39,036 kg).
(M) Scups and porgies, combined--24,739 lb (11,221 kg).
(N) Squirrelfish--16,663 lb (7,558 kg).
(O) Surgeonfish--7,179 lb (3,256 kg).
(P) Triggerfish and filefish, combined--58,475 lb (26,524 kg).
(ii) Recreational sector. If recreational landings, as estimated by
the SRD, have exceeded the applicable species or species group
recreational ACL, as specified in paragraph (a)(2)(ii) of this section,
and the combined commercial and recreational landings have exceeded the
applicable combined commercial and recreational sector ACL (total ACL),
as specified in paragraph (a)(2)(iii) of this section, 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 for the
recreational sector that year by the amount necessary to ensure that
recreational landings do not exceed the applicable species or species
group recreational ACL. If NMFS determines that either the applicable
recreational ACL or total ACL for a particular species or species group
was exceeded because of enhanced data collection and monitoring efforts
instead of an increase in 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. The recreational
ACLs, in round weight, are as follows:
(A) Parrotfishes--15,263 lb (6,921 kg).
(B) Snapper Unit 1--95,526 lb (43,330 kg).
(C) Snapper Unit 2--34,810 lb (15,790 kg).
(D) Snapper Unit 3--83,158 lb (37,720 kg).
(E) Snapper Unit 4--28,509 lb (12,931 kg).
(F) Groupers--77,213 lb (35,023 kg).
(G) Angelfish--4,492 lb (2,038 kg).
(H) Boxfish--4,616 lb (2,094 kg).
(I) Goatfishes--362 lb (164 kg).
(J) Grunts--5,028 lb (2,281 kg).
(K) Wrasses--5,050 lb (2,291 kg).
(L) Jacks--51,001 lb (23,134 kg).
(M) Scups and porgies, combined--2,577 lb (1,169 kg).
(N) Squirrelfish--3,891 lb (1,765 kg).
(O) Surgeonfish--3,590 lb (1,628 kg).
(P) Triggerfish and filefish, combined--21,929 lb (9,947 kg).
(iii) Total ACLs. The total ACLs (combined commercial and
recreational ACL), in round weight, are as follows:
(A) Parrotfishes--68,000 lb (30,844 kg).
(B) Snapper Unit 1--380,211 lb (172,461 kg).
(C) Snapper Unit 2--180,726 lb (81,976 kg).
(D) Snapper Unit 3--428,933 lb (194,561 kg).
(E) Snapper Unit 4--401,804 lb (182,255 kg).
(F) Groupers--254,726 lb (115,542 kg).
(G) Angelfish--13,476 lb (6,113 kg).
(H) Boxfish--90,731 lb (41,155 kg).
(I) Goatfishes--17,927 lb (8,132 kg).
(J) Grunts--187,424 lb (85,014 kg).
(K) Wrasses--59,197 lb (26,851 kg).
(L) Jacks--137,060 lb (62,169 kg).
(M) Scups and porgies, combined--27,316 lb (kg).
(N) Squirrelfish--20,554 lb (9,323 kg).
(O) Surgeonfish--10,769 lb (4,885 kg).
(P) Triggerfish and filefish, combined--80,404 lb (36,471 kg).
(3) Spiny lobster. Landings will be evaluated relative to the ACL
based on
[[Page 43736]]
a moving multi-year average of landings, as described in the FMP. The
ACL is based on the combined Caribbean EEZ and territorial landings for
the Puerto Rico management area. If landings, as estimated by the SRD,
have exceeded the ACL, as specified in this paragraph, 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 spiny lobster that year by the amount necessary to
ensure landings do not exceed the ACL. If NMFS determines the ACL was
exceeded because of enhanced data collection and monitoring efforts
instead of an increase in total catch, NMFS will not reduce the length
of the fishing season the following fishing year. As described in the
FMP, any fishing season reduction required as a result of this
paragraph 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. The ACL is
327,920 lb (148,742 kg), round weight.
(b) St. Croix management area. See Appendix E of this part for
specification of the St. Croix management area.
(1) Queen conch. See Sec. 622.491 regarding seasonal and area
closure provisions and ACL closure provisions applicable to queen
conch. The ACL is 50,000 lb (22,680 kg), round weight.
(2) Reef fish. Landings will be evaluated relative to the
applicable ACL based on a moving multi-year average of landings, as
described in the FMP. With the exception of goliath grouper, Nassau
grouper, midnight parrotfish, blue parrotfish, and rainbow parrotfish,
ACLs are based on the combined Caribbean EEZ and territorial landings
for the St. Croix management area. If landings, as estimated by the
SRD, have exceeded the applicable ACL for a species or species group,
as specified in this paragraph, 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 group that year by the amount
necessary to ensure landings do not exceed the applicable ACL. If NMFS
determines the ACL for a particular species or species group was
exceeded because of enhanced data collection and monitoring efforts
instead of an increase in total catch of the species or species group,
NMFS will not reduce the length of the fishing season for the
applicable species or species group the following fishing year. As
described in the FMP, for each species or species group in this
paragraph, any fishing season reduction required as a result of this
paragraph 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. The ACLs, in
round weight, are as follows:
(i) Parrotfishes--240,000 lb (108,863 kg).
(ii) Snappers--102,946 lb (46,696 kg).
(iii) Groupers--30,435 lb (13,805 kg).
(iv) Angelfish--305 lb (138 kg).
(v) Boxfish--8,433 lb (3,825 kg).
(vi) Goatfishes--3,766 lb (1,708 kg).
(vii) Grunts--36,881 lb (16,729 kg).
(viii) Wrasses--7 lb (3 kg).
(ix) Jacks--15,489 lb (7,076 kg).
(x) Scups and porgies, combined--4,638 lb (2,104 kg).
(xi) Squirrelfish--121 lb (55 kg).
(xii) Surgeonfish--33,603 lb (15,242 kg).
(xiii) Triggerfish and filefish, combined--24,980 lb (11,331 kg).
(3) Spiny lobster. Landings will be evaluated relative to the ACL
based on a moving multi-year average of landings, as described in the
FMP. The ACL is based on the combined Caribbean EEZ and territorial
landings for the St. Croix management area. If landings, as estimated
by the SRD, have exceeded the ACL, as specified in this paragraph, 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 that year by the amount necessary to
ensure landings do not exceed the ACL. If NMFS determines the ACL was
exceeded because of enhanced data collection and monitoring efforts
instead of an increase in total catch, NMFS will not reduce the length
of the fishing season for the following fishing year. As described in
the FMP, any fishing season reduction required as a result of this
paragraph 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. The ACL is
107,307 lb (48,674 kg), round weight.
(c) St. Thomas/St. John management area. See Appendix E of this
part for specification of the St. Thomas/St. John management area.
(1) Queen conch. See Sec. 622.491 regarding seasonal and area
closure provisions and ACL closure provisions applicable to queen
conch. The ACL is 0 lb (0 kg), round weight, for the EEZ only.
(2) Reef fish. Landings will be evaluated relative to the
applicable ACL based on a moving multi-year average of landings, as
described in the FMP. With the exception of goliath grouper, Nassau
grouper, midnight parrotfish, blue parrotfish, and rainbow parrotfish,
ACLs are based on the combined Caribbean EEZ and territorial landings
for St. Thomas/St. John management area. If landings, as estimated by
the SRD, have exceeded the applicable ACL for a species or species
group, as specified in this paragraph, 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 group that year by the amount
necessary to ensure landings do not exceed the applicable ACL. If NMFS
determines the ACL for a particular species or species group was
exceeded because of enhanced data collection and monitoring efforts
instead of an increase in total catch of the species or species group,
NMFS will not reduce the length of the fishing season for the
applicable species or species group the following fishing year. As
described in the FMP, for each species or species group in this
paragraph, any fishing season reduction required as a result of this
paragraph 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. The ACLs, in
round weight, are as follows:
(i) Parrotfishes--42,500 lb (19,278 kg).
(ii) Snappers--133,775 lb (60,679 kg).
(iii) Groupers--51,849 lb (23,518 kg).
(iv) Angelfish--7,897 lb (3,582 kg).
(v) Boxfish--27,880 lb (12,646 kg).
(vi) Goatfishes--320 lb (145 kg).
(vii) Grunts--37,617 lb (17,063 kg).
(viii) Wrasses--585 lb (265 kg).
(ix) Jacks--52,907 lb (23,998 kg).
(x) Scups and porgies, combined--21,819 lb (9,897 kg).
(xi) Squirrelfish--4,241 lb (1,924 kg).
(xii) Surgeonfish--29,249 lb (13,267 kg).
(xiii) Triggerfish and filefish, combined--74,447 lb (33,769 kg).
(3) Spiny lobster. Landings will be evaluated relative to the ACL
based on
[[Page 43737]]
a moving multi-year average of landings, as described in the FMP. The
ACL is based on the combined Caribbean EEZ and territorial landings for
the St. Thomas/St. John management area. If landings, as estimated by
the SRD, have exceeded the ACL, as specified in this paragraph, 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 that year by the amount necessary to ensure
landings do not exceed the ACL. If NMFS determines the ACL was exceeded
because of enhanced data collection and monitoring efforts instead of
an increase in total catch, NMFS will not reduce the length of the
fishing season for the following fishing year. As described in the FMP,
any fishing season reduction required as a result of this paragraph
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. The ACL is 104,199 lb
(47,264 kg), round weight.
(d) Caribbean EEZ. Landings will be evaluated relative to the
applicable ACL based on a moving multi-year average of landings, as
described in the FMPs. The ACLs are based on the combined Caribbean EEZ
and territorial landings, throughout the Caribbean EEZ. If landings
from the Caribbean EEZ for tilefish and aquarium trade species, as
estimated by the SRD, have exceeded the applicable ACL, as specified in
this paragraph, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following fishing
year, to reduce the length of the fishing season for the applicable
species or species groups that year by the amount necessary to ensure
landings do not exceed the applicable ACL. If NMFS determines the
applicable ACL was exceeded because of enhanced data collection and
monitoring efforts instead of an increase in total catch, NMFS will not
reduce the length of the fishing season for the following fishing year.
As described in the FMPs, for each species or species group in this
paragraph, any fishing season reduction required as a result of this
paragraph 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. The ACLs, in
round weight, are as follows:
(1) Tilefish--14,642 lb (6,641 kg).
(2) Aquarium trade species--8,155 lb (3,699 kg).
(e) Closure provisions. (1) Restrictions applicable after a Puerto
Rico closure.
(i) Restrictions applicable after a Puerto Rico commercial closure
for reef fish species or species groups. During the closure period
announced in the notification filed pursuant to paragraph (a)(2)(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
(e)(1)(iii) of this section apply.
(ii) Restrictions applicable after a Puerto Rico recreational
closure for reef fish species or species groups. During the closure
period announced in the notification filed pursuant to paragraph
(a)(2)(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 (e)(1)(iii) of this section apply.
(iii) Restrictions applicable when both Puerto Rico commercial and
Puerto Rico recreational sectors for reef fish species or species
groups are closed. 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)(3) of this section, both the commercial
and recreational sectors are closed. 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 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 (b), (c), or (d) 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
2. In Sec. 622.491, revise the first sentence of paragraph (b) to read
as follows:
Sec. 622.491 Seasonal and area closures.
* * * * *
(b) Pursuant to the procedures and criteria established in the FMP
for Queen Conch Resources in Puerto Rico and the U.S. Virgin Islands,
when the ACL, as specified in Sec. 622.12(b)(1), is reached or
projected to be reached, the Regional Administrator will close the
Caribbean EEZ to the harvest and possession of queen conch, in the area
east of 64[deg]34' W. longitude which includes Lang Bank, east of St.
Croix, U.S. Virgin Islands, by filing a notification of closure with
the Office of the Federal Register. * * *
[FR Doc. 2017-19927 Filed 9-18-17; 8:45 am]
BILLING CODE 3510-22-P