[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29166-29168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11064]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150623546-6395-02]
RIN 0648-BF18


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and 
Reef Associated Plants and Invertebrates Fishery Management Plans of 
Puerto Rico and the U.S. Virgin Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement measures described in 
Amendment 7 to the Fishery Management Plan (FMP) for the Reef Fish 
Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) (Reef Fish 
FMP), Amendment 6 to the FMP for the Spiny Lobster Fishery of Puerto 
Rico and the USVI (Spiny Lobster FMP), Amendment 5 to the FMP for 
Corals and Reef Associated Plants and Invertebrates of Puerto Rico and 
the USVI (Coral FMP), and Amendment 4 to the FMP for the Queen Conch 
Resources of Puerto Rico and the USVI (Queen Conch FMP), as prepared by 
the Caribbean Fishery Management Council (Council). In combination, 
these amendments represent the Application of Accountability Measures 
(AM) Amendment (AM Application Amendment). The AM Application Amendment 
resolves an existing inconsistency between language in the FMPs and the 
regulations implementing the application of AMs in the U.S. Caribbean 
exclusive economic zone (EEZ). The purpose of the AM Application 
Amendment is to ensure the authorizing FMPs are consistent with the 
regulations governing AMs in the Caribbean EEZ. Additionally, this 
final rule clarifies the AM closure provisions, the application of the 
spiny lobster ACL in the Puerto Rico management area of the Caribbean 
EEZ, and the minimum size limit for queen conch in the Caribbean EEZ.

DATES: This final rule is effective June 10, 2016.

ADDRESSES: Electronic copies of the AM Application Amendment, 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 http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/index.html.

FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez, 
telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: In the Caribbean EEZ, the reef fish, spiny 
lobster, queen conch, and corals and reef associated plants and 
invertebrates fisheries are managed under their respective FMPs. The 
FMPs were prepared by the Council and are implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On February 4, 2016, NMFS published a notice of availability for 
the AM Application Amendment and requested public comment (81 FR 5978). 
On February 26, 2016, NMFS published a proposed rule for the AM 
Application Amendment and regulatory clarifications not contained in 
the amendment and requested public comment (81 FR 9800). The proposed 
rule and the AM Application Amendment outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by the AM Application Amendment and this final rule is 
provided below.
    The final rule implementing Amendment 2 to the Queen Conch FMP and 
Amendment 5 to the Reef Fish FMP (2010 Caribbean Annual Catch Limit 
(ACL) Amendment) established ACLs and AMs for species/species groups 
that were at the time experiencing overfishing (i.e., parrotfish, 
snapper, grouper, queen conch) (76 FR 82404, December 30, 2011). The 
final rule implementing Amendment 3 to the Queen Conch FMP, Amendment 6 
to the Reef Fish FMP, Amendment 5 to the Spiny Lobster FMP, and 
Amendment 3 to the Coral FMP (2011 Caribbean ACL Amendment) established 
ACLs and AMs for the remaining Council-managed species/species groups 
which were not undergoing overfishing at the time or for which the 
overfishing status was unknown (e.g., grunts, squirrelfish, jacks, 
spiny lobster) (76 FR 82414, December 30, 2011). As described at Sec.  
622.12(a) for reef fish, spiny lobster, and corals and at Sec.  
622.491(b) for queen conch, the current AM regulations in the Caribbean 
EEZ require NMFS to shorten the length of the fishing season for a 
species/species group in the year following a determination that the 
applicable 3-year landings average exceeded the respective ACL, unless 
NMFS determines that the exceedance is due to enhanced data collection 
and monitoring efforts. The extent to which fishing seasons are 
shortened in the year following an ACL overage equates to the number of 
days necessary to account for the overage and to constrain landings to 
the ACL. Pursuant to regulations at Sec. Sec.  622.12(a) and 
622.491(b), any such AM-based closures apply only during the fishing 
year for which they are implemented. However, the AM closure language 
in the four FMPs states that any AM-based closure ``will remain in 
effect until modified by the Council,'' thereby carrying these closures 
over from year to year, unless or until the closures are revised by 
subsequent Council action.
    The AM Application Amendment corrects this inconsistency, between 
the language in the FMPs and the regulatory language at Sec. Sec.  
622.12(a) and 622.491(b), by revising the language within the four

[[Page 29167]]

FMPs to be consistent with the language in the regulations. 
Specifically, the phrase in the four FMPs that states ``The needed 
changes will remain in effect until modified by the Council,'' which 
describes the duration of AMs, will be removed from the four FMPs. The 
result of this change is that under both the FMPs and the AM-based 
closure regulatory language, any AM-based closure would only apply for 
the fishing year for which it was implemented. The Council determined 
that this approach is consistent with their intent and is consistent 
with the regulations used by NMFS to apply AMs in the Caribbean EEZ. As 
this change only revises the language in the respective FMPs, no 
changes to the codified text are necessary.

Additional Changes to Codified Text Not Part of the AM Application 
Amendment

    This final rule also revises items in the codified text that are 
not part of the AM Application Amendment. Specifically, NMFS clarifies 
the closure provisions when an ACL has been exceeded and an AM is 
implemented, based on the Council's intent as expressed in the 2010 and 
2011 Caribbean ACL Amendments (76 FR 82404, December 30, 2011, and 76 
FR 82414, December 30, 2011). NMFS also clarifies the application of 
the spiny lobster ACL for the Puerto Rico management area of the EEZ to 
be consistent with the Council's intent expressed in the 2011 Caribbean 
ACL Amendment and clarifies the minimum size requirements for queen 
conch.
    The 2010 and 2011 Caribbean ACL Amendments established AMs and ACLs 
and allocated those ACLs among three Caribbean island management areas, 
i.e., the Puerto Rico, St. Croix, and St. Thomas/St. John management 
areas of the EEZ, as specified in Appendix E to part 622, except for 
the ACLs for tilefish and aquarium trade species, which are specified 
for the Caribbean EEZ as a whole. The ACLs for species/species groups 
in the Puerto Rico management area, except for spiny lobster, are 
further allocated between the commercial and recreational sectors, and 
AMs apply to each of these sectors separately. Through this final rule, 
NMFS clarifies that the spiny lobster ACL for the Puerto Rico 
management area is applied as a single ACL for both the commercial and 
recreational sectors, consistent with the intent of the Council in the 
2011 Caribbean ACL Amendment (76 FR 82414, December 30, 2011). The 
current regulations, as described in Sec.  622.12(a)(1)(i)(R), specify 
only a commercial ACL for spiny lobster in the Puerto Rico management 
area and do not specify a recreational ACL. The intent of the Council 
in the 2011 Caribbean ACL Amendment was to manage the spiny lobster 
commercial and recreational sectors for the Puerto Rico management area 
under the same ACL, derived from commercial landings. The Council 
intended that this single ACL would be the trigger to apply the AM to 
both sectors for spiny lobster in the Puerto Rico management area. NMFS 
proposes to add paragraph Sec.  622.12(a)(1)(iii) to the regulatory 
text to specify that the spiny lobster ACL applies to both sectors in 
the Puerto Rico management area. The actual ACL value will not change 
through this final rule.
    The ACLs for species/species groups in the St. Croix and St. 
Thomas/St. John management areas are not allocated between sectors, and 
if AMs are triggered, they are applied to both the commercial and 
recreational sector.
    The current Caribbean AM and closure regulations do not 
specifically state what restrictions on fishing occur during an AM-
based closure. Through this final rule, NMFS adds to the regulatory 
text at Sec.  622.12(b) that, if AMs are triggered as a result of an 
ACL overage and NMFS reduces the length of the fishing season for a 
species or species group, certain closure provisions will apply to 
species with Caribbean-wide ACLs, Caribbean reef fish species, and 
Caribbean spiny lobster.
    For Caribbean reef fish species in the Puerto Rico management area, 
Sec.  622.12(b)(1)(i) through (iii) are added to specify what 
restrictions apply during a commercial closure, recreational closure, 
or a closure of both sectors. In the event that the commercial fishing 
season is reduced for a species or species group due to a Puerto Rico 
commercial ACL overage, all harvest or possession of the indicated 
species or species group in or from the Puerto Rico management area 
would be limited to the bag and possession limits specified in Sec.  
622.437, and the sale or purchase of the indicated species or species 
group in or from the Puerto Rico management area would be prohibited 
during the closure. If the recreational fishing season is reduced for a 
species or species group due to a Puerto Rico recreational ACL overage, 
the bag and possession limits for the indicated species or species 
group would be zero during the closure. If both the commercial and 
recreational sectors for a species or species group in the Puerto Rico 
management area 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 would be zero.
    For Caribbean reef fish species and spiny lobster in the St. Croix 
and St. Thomas/St. John island management areas, and species or species 
groups with Caribbean-wide ACLs, Sec.  622.12(b)(2) is added to specify 
that, if AMs are triggered as a result of an ACL overage and the 
fishing season is reduced for a species or species group, 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 in or from the 
applicable management area of the Caribbean EEZ would be zero.
    For Caribbean spiny lobster in the Puerto Rico management area, 
Sec.  622.12(b)(1)(iv) is added to clarify that, if the AM is triggered 
due to a Puerto Rico spiny lobster ACL overage, the commercial and 
recreational fishing seasons are reduced. During such a closure, 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 
would be zero.
    Additionally, through this final rule, NMFS revises Sec.  
622.492(a) to clarify the minimum size limit for a Caribbean queen 
conch. Currently, Sec.  622.492(a) states that the minimum size limit 
is ``9 inches (22.9 cm) in length, that is, from the tip of the spire 
to the distal end of the shell, and 3/8 inch (9.5 cm) in lip width at 
its widest point.'' However, this provision goes on to state that ``A 
queen conch with a length of at least 9 inches (22.9 cm) or a lip width 
of at least 3/8 inch (9.5 mm) is not undersized.'' The use of ``and'' 
in the first sentence and ``or'' in the second sentence of this 
provision has caused confusion among the public about whether both of 
these measurements are required to meet the minimum size limit for 
queen conch. Therefore, NMFS changes the ``and'' to ``or'' in the first 
sentence and removes the second sentence in paragraph (a) of Sec.  
622.492. The purpose of this change is to clarify that only one of the 
measurement descriptions must be met to fulfill the minimum size limit 
for Caribbean queen conch, consistent with the original intent of the 
Council in the Queen Conch FMP.

Comments and Responses

    NMFS received three total comments on the AM Application Amendment 
and the proposed rule. One comment

[[Page 29168]]

expressed overall support for the actions in the amendment and the 
rule. A Federal agency stated that they had no comment on the amendment 
or the proposed rule. One comment was not related to the actions in the 
amendment or the proposed rule. Therefore, no changes were made to this 
final rule based on public comment.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with the AM Application Amendment, 
the FMPs, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant 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 comments were received 
regarding this certification or on the economic impacts of the rule 
more generally, and NMFS has not received any new information that 
would affect its determination. As a result, a final regulatory 
flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Accountability measures, Caribbean, Fisheries, Fishing, Queen 
conch.

    Dated: May 5, 2016.
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 amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  622.12, remove paragraph (a)(1)(i)(R) and add paragraphs 
(a)(1)(iii) and (b).
    The additions read as follows:


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

* * * * *
    (a) * * *
    (1) * * *
    (iii) Spiny lobster. The following ACL applies to landings of spiny 
lobster throughout the Puerto Rico management area--327,920 lb (148,742 
kg).
* * * * *
    (b) Closure provisions--(1) Restrictions applicable after a Puerto 
Rico closure. (i) Restrictions applicable after a Puerto Rico 
commercial closure, except for spiny lobster. During the closure period 
announced in the notification filed pursuant to paragraph (a)(1)(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 
(b)(1)(iii) of this section apply.
    (ii) Restrictions applicable after a Puerto Rico recreational 
closure, except for spiny lobster. During the closure period announced 
in the notification filed pursuant to paragraph (a)(1)(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 (b)(1)(iii) of this section apply.
    (iii) Restrictions applicable when both Puerto Rico commercial and 
Puerto Rico recreational sectors are closed, except for spiny lobster. 
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)(1)(iii) 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 (a)(2), (3), or (4) 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.  622.492, paragraph (a) is revised to read as follows:


Sec.  622.492  Minimum size limit.

    (a) The minimum size limit for Caribbean queen conch is either 9 
inches (22.9 cm) in length, that is, from the tip of the spire to the 
distal end of the shell, or 3/8 inch (9.5 mm) in lip width at its 
widest point.
* * * * *
[FR Doc. 2016-11064 Filed 5-10-16; 8:45 am]
 BILLING CODE 3510-22-P