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, 56917-56921 [2017-25847]
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Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 225, 254(k),
403(b)(2)(B), (c), 715, Pub. L. 104–104, 110
Stat. 56. Interpret or apply 47 U.S.C. 201,
218, 222, 225, 226, 227, 228, 254(k), 616, 620,
and the Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. 112–96, unless
otherwise noted.
2. Amend § 64.1600 by adding
paragraph (l) to read as follows:
■
§ 64.1600
(2) Any system used to record CPN
must be operated in a secure way,
limiting access to designated
telecommunications and security
personnel, as directed by law
enforcement;
(3) Telecommunications and security
personnel, as directed by law
enforcement, may access restricted CPN
data only when investigating phone
calls of a threatening and serious nature,
and shall document that access as part
of the investigative report;
(4) Carriers transmitting restricted
CPN information must take reasonable
measures to ensure security of such
communications;
(5) CPN information must be
destroyed in a secure manner after a
reasonable retention period; and
(6) Any violation of these conditions
must be reported promptly to the
Commission.
[FR Doc. 2017–25917 Filed 11–30–17; 8:45 am]
BILLING CODE 6712–01–P
Definitions.
*
*
*
*
*
(l) Threatening Call. The term
‘‘threatening call’’ is any call that
conveys an emergency involving danger
of death or serious physical injury to
any person requiring disclosure without
delay of information relating to the
emergency.
■ 3. Amend § 64.1601 by revising
paragraph (d)(4)(ii) and by adding
paragraphs (f) and (g) to read as follows:
jstallworth on DSKBBY8HB2PROD with RULES
§ 64.1601 Delivery requirements and
privacy restrictions.
(d) * * *
(4) * * *
(ii) Is used on a public agency’s
emergency telephone line or in
conjunction with 911 emergency
services, on a telephone line to contact
non-public emergency services licensed
by the state or municipality, or on any
entity’s emergency assistance poison
control telephone line; or
*
*
*
*
*
(f) Paragraph (b) of this section shall
not apply when CPN delivery is made
in connection with a threatening call.
Upon report of such a threatening call
by law enforcement on behalf of the
threatened party, the carrier will
provide any CPN of the calling party to
law enforcement and, as directed by law
enforcement, to security personnel for
the called party for the purpose of
identifying the party responsible for the
threatening call.
(g) For law enforcement or security
personnel of the called party
investigating the threat:
(1) The CPN on incoming restricted
calls may not be passed on to the line
called;
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170510477–7999–02]
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: Final rule.
AGENCY:
NMFS issues regulations 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 final rule revises the
method used to trigger the application
of accountability measures (AM) for
Council-managed reef fish species or
species groups in the exclusive
economic zone (EEZ) off Puerto Rico.
The purpose of this final 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.
SUMMARY:
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This final rule is effective
January 2, 2018.
ADDRESSES: 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.).
On September 19, 2017, NMFS
published a proposed rule for
Regulatory Amendment 6 and requested
public comment (82 FR 43733). The
proposed rule and Regulatory
Amendment 6 outline the rationale for
the actions contained in this final rule.
A summary of the management
measures described in the Regulatory
Amendment 6 and implemented by this
final rule is provided below.
The current AMs in the EEZ off
Puerto Rico, applicable to Councilmanaged 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.
Currently, an 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 is 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 yield below the OY 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
DATES:
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the EEZ off Puerto Rico (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 EEZ off Puerto
Rico.
jstallworth on DSKBBY8HB2PROD with RULES
Management Measure Contained in
This Final Rule
This final rule revises the trigger for
implementing AM-based fishing season
reductions for all reef fish species or
species groups managed by the Council
in the EEZ off Puerto Rico. Specifically,
an AM-based closure will be triggered
only when both the applicable sector
(recreational or commercial) ACL and
the total ACL for a species or species
group are exceeded. If both the sector
ACL and the total ACL are exceeded, the
AM will be applied to the sector or
sectors that experienced the overage.
The duration of any implemented AMbased closure will continue to be based
on the extent to which the applicable
sector ACL was exceeded and will be
calculated and applied using the current
practices and methods. However,
consistent with the current regulations,
if NMFS determines that either the
sector or total ACL 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.
This final 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.
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
revision to the AM is likely to result in
the AM being triggered less frequently
and thereby result in fewer fishing
season reductions. Sector fishing season
reductions that are shorter in duration
and that may occur less frequently are
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
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average for a species or species group
will not change through this final rule.
NMFS notes that in the codified text
for this final rule, amendatory
instruction 2 revises the entire § 622.12.
While this final rule only affects
management in Puerto Rico Federal
waters, the section as a whole is revised
as a result of the action to more clearly
and distinctly describe the AMs and
ACLs throughout the U.S. Caribbean
EEZ. This final rule also revises some
regulatory citations within §§ 622.12
and 622.491 to reflect changes made to
the regulatory text as a result of this
final rule.
Comments and Responses
NMFS received three total comments
on the proposed rule. One comment
expressed overall support for the
amendment and the rule. One comment
was not related to the action in the
amendment or the proposed rule. The
other comment, as well as NMFS’
response, is summarized below.
Comment 1: The AM closure trigger
should not be revised to allow a given
sector to stay open and continue fishing
after it has reached its ACL as any
harvest in excess of the sector ACL is
not sustainable. Fishing within each
sector must be sustainable to avoid
negative economic impact.
Response: NMFS disagrees. Under the
current application of AMs for Councilmanaged reef fish in Puerto Rico, yield
may be below the OY for a species or
species group over time. The Council
developed Regulatory Amendment 6 as
a means to increase the likelihood that
OY for a species or species group will
be achieved on a continuing basis while
preventing overfishing, and, to the
extent practicable, minimizing adverse
socio-economic effects to fishers and
fishing communities from the
application of AMs. For all Councilmanaged reef fish species or species
groups, the total ACL equals an 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 yield
below the OY from the affected species
or species group (if the sector ACL is
exceeded, but the total ACL is not),
potentially resulting in negative socioeconomic impacts. Since sector-specific
data is available for reef fish species or
species groups in the EEZ off Puerto
Rico, sector-specific ACLs were
established, yet the overall health of the
stocks continues to be managed in
relation to the total ACL. Ensuring that
the total ACL for a stock is not
exceeded, even if there is a specific
sector ACL overage, maintains the
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overall health of the stock and is also
consistent with the use of AMs for reef
fish throughout the rest of the Caribbean
EEZ, where fishing is not managed by
sectors. The AM trigger revision in this
final rule increases the likelihood that
OY for a species or species group will
be achieved on a continuing basis
without reducing the long-term
sustainability of the resource.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
consistent with Regulatory Amendment
6, the FMPs, the Magnuson-Stevens Act,
and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant adverse
economic impact on a substantial
number of small entities. The factual
basis for this determination was
published in the proposed rule and is
not repeated here. No changes to this
final rule were made in response to
public comments. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual
catch limits, Caribbean, Fisheries,
Fishing, Puerto Rico.
Dated: November 27, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
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:
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§ 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 (a)(2),
any fishing season reduction required
under paragraph (a)(2)(i) or (ii) of this
section 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 this paragraph (a)(2)(i), 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
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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 this paragraph (a)(2)(ii), 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).
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(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
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
(a)(3), 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 (a)(3) 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
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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 (b)(2), 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 (b)(2), any fishing season
reduction required as a result of this
paragraph (b)(2) 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).
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(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
(b)(3), 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
(b)(3) 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 § 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 (c)(2), 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
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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 (c)(2), any fishing season
reduction required as a result of this
paragraph (c)(2) 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
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 (c)(3), 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
(c)(3) 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
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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 (d), 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 (d), any fishing season
reduction required as a result of this
paragraph (d) 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
VerDate Sep<11>2014
14:57 Nov 30, 2017
Jkt 244001
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.
PO 00000
Frm 00063
Fmt 4700
Sfmt 9990
56921
(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.
3. 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. 2017–25847 Filed 11–30–17; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56917-56921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25847]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170510477-7999-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations 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 final rule revises the method used to trigger the
application of accountability measures (AM) for Council-managed reef
fish species or species groups in the exclusive economic zone (EEZ) off
Puerto Rico. The purpose of this final 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: This final rule is effective January 2, 2018.
ADDRESSES: 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.).
On September 19, 2017, NMFS published a proposed rule for
Regulatory Amendment 6 and requested public comment (82 FR 43733). The
proposed rule and Regulatory Amendment 6 outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in the Regulatory Amendment 6 and implemented by
this final rule is provided below.
The current AMs in the EEZ off Puerto Rico, 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. Currently, an 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 is 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 yield below the OY 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
[[Page 56918]]
the EEZ off Puerto Rico (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 EEZ off Puerto Rico.
Management Measure Contained in This Final Rule
This final rule revises the trigger for implementing AM-based
fishing season reductions for all reef fish species or species groups
managed by the Council in the EEZ off Puerto Rico. Specifically, an AM-
based closure will be triggered only when both the applicable sector
(recreational or commercial) ACL and the total ACL for a species or
species group are exceeded. If both the sector ACL and the total ACL
are exceeded, the AM will be applied to the sector or sectors that
experienced the overage. The duration of any implemented AM-based
closure will continue to be based on the extent to which the applicable
sector ACL was exceeded and will be calculated and applied using the
current practices and methods. However, consistent with the current
regulations, if NMFS determines that either the sector or total ACL 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.
This final 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. 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 revision to the AM is likely to
result in the AM being triggered less frequently and thereby result in
fewer fishing season reductions. Sector fishing season reductions that
are shorter in duration and that may occur less frequently are 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
final rule.
NMFS notes that in the codified text for this final rule,
amendatory instruction 2 revises the entire Sec. 622.12. While this
final rule only affects management in Puerto Rico Federal waters, the
section as a whole is revised as a result of the action to more clearly
and distinctly describe the AMs and ACLs throughout the U.S. Caribbean
EEZ. This final rule also revises some regulatory citations within
Sec. Sec. 622.12 and 622.491 to reflect changes made to the regulatory
text as a result of this final rule.
Comments and Responses
NMFS received three total comments on the proposed rule. One
comment expressed overall support for the amendment and the rule. One
comment was not related to the action in the amendment or the proposed
rule. The other comment, as well as NMFS' response, is summarized
below.
Comment 1: The AM closure trigger should not be revised to allow a
given sector to stay open and continue fishing after it has reached its
ACL as any harvest in excess of the sector ACL is not sustainable.
Fishing within each sector must be sustainable to avoid negative
economic impact.
Response: NMFS disagrees. Under the current application of AMs for
Council-managed reef fish in Puerto Rico, yield may be below the OY for
a species or species group over time. The Council developed Regulatory
Amendment 6 as a means to increase the likelihood that OY for a species
or species group will be achieved on a continuing basis while
preventing overfishing, and, to the extent practicable, minimizing
adverse socio-economic effects to fishers and fishing communities from
the application of AMs. For all Council-managed reef fish species or
species groups, the total ACL equals an 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 yield below the OY 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. Since sector-specific data is available for reef fish species
or species groups in the EEZ off Puerto Rico, sector-specific ACLs were
established, yet the overall health of the stocks continues to be
managed in relation to the total ACL. Ensuring that the total ACL for a
stock is not exceeded, even if there is a specific sector ACL overage,
maintains the overall health of the stock and is also consistent with
the use of AMs for reef fish throughout the rest of the Caribbean EEZ,
where fishing is not managed by sectors. The AM trigger revision in
this final rule increases the likelihood that OY for a species or
species group will be achieved on a continuing basis without reducing
the long-term sustainability of the resource.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with Regulatory Amendment 6, the
FMPs, the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant adverse economic impact on a substantial number of
small entities. The factual basis for this determination was published
in the proposed rule and is not repeated here. No changes to this final
rule were made in response to public comments. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual catch limits, Caribbean, Fisheries,
Fishing, Puerto Rico.
Dated: November 27, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Revise Sec. 622.12 to read as follows:
[[Page 56919]]
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 (a)(2), any fishing season
reduction required under paragraph (a)(2)(i) or (ii) of this section
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 this paragraph (a)(2)(i), 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 this paragraph (a)(2)(ii), 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 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
(a)(3), 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 (a)(3) 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
[[Page 56920]]
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 (b)(2), 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 (b)(2), any fishing season reduction required as a result of
this paragraph (b)(2) 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
(b)(3), 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 (b)(3) 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 (c)(2), 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 (c)(2), any fishing season reduction required as a result of
this paragraph (c)(2) 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 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 (c)(3), 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 (c)(3) 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
[[Page 56921]]
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 (d), 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 (d), any fishing season reduction required as a result of
this paragraph (d) 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
3. 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. 2017-25847 Filed 11-30-17; 8:45 am]
BILLING CODE 3510-22-P
