[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34283-34284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12728]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100120037-1626-02 and 101217620-1788-03]
RIN 0648-XE491


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Accountability Measure-Based Closures for Commercial and 
Recreational Species in the U.S. Caribbean Off Puerto Rico

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

ACTION: Temporary rule; closures.

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SUMMARY: NMFS implements accountability measures (AMs) for species and 
species groups in the exclusive economic zone (EEZ) of the U.S. 
Caribbean off Puerto Rico for the 2016 fishing year through this 
temporary rule. NMFS has determined that annual catch limits (ACLs) in 
the EEZ off Puerto Rico were exceeded for spiny lobster; the commercial 
sectors for triggerfish and filefish, wrasses, Snapper Unit 2, and 
parrotfishes; and the recreational sector for jacks, based on average 
landings during the 2012-2014 fishing years. This temporary rule 
reduces the lengths of the 2016 fishing seasons for these species and 
species groups by the amounts necessary to ensure that landings do not 
exceed the applicable ACLs in 2016. NMFS closes the applicable sectors 
for these species and species groups beginning on the dates specified 
below (in the DATES section) and continuing until the end of the 
fishing year, December 31, 2016. These AMs are necessary to protect the 
Caribbean reef fish and spiny lobster resources in the EEZ off Puerto 
Rico.

DATES: This rule is effective June 30, 2016, until 12:01 a.m., local 
time, January 1, 2017. The AMs apply in the EEZ off Puerto Rico for the 
following species and species groups, and fishing sectors, at the times 
and dates specified below, until 12:01 a.m., local time, January 1, 
2017.
     Triggerfish and filefish, combined (commercial) effective 
at 12:01 a.m., local time, October 16, 2016;
     Jacks (recreational) effective at 12:01 a.m., local time, 
November 4, 2016;
     Wrasses (commercial) effective at 12:01 a.m., local time, 
November 16, 2016;
     Snapper Unit 2 (commercial) effective at 12:01 a.m., local 
time, November 26, 2016;
     Spiny lobster (commercial and recreational) effective at 
12:01 a.m., local time, December 10, 2016;
     Parrotfishes (commercial) effective at 12:01 a.m., local 
time, December 19, 2016.

FOR FURTHER INFORMATION CONTACT: William S. Arnold, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean, 
which includes triggerfish and filefish, wrasses, snappers in Snapper 
Unit 2, parrotfishes, and jacks, is managed under the Fishery 
Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. 
Virgin Islands (Reef Fish FMP). Caribbean spiny lobster is managed 
under the FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S. 
Virgin Islands (Spiny Lobster FMP). The FMPs were prepared by the 
Caribbean Fishery Management Council (Council) and are implemented by 
NMFS under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.
    The 2010 Caribbean ACL Amendment (Amendment 2 to the FMP for the 
Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (Queen 
Conch FMP) and Amendment 5 to the Reef Fish FMP) and 2011 Caribbean ACL 
Amendment (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 FMP 
for Corals and Reef Associated Plants and Invertebrates of Puerto Rico 
and the U.S. Virgin Islands) revised the Reef Fish and Spiny lobster 
FMPs (76 FR 82404, December 30 2011, and 76 FR 82414, December 30, 
2011). Among other actions, the 2010 and 2011 Caribbean ACL Amendments 
and the associated final rules established ACLs and AMs for Caribbean 
spiny lobster and reef fish, including the species and species groups 
identified in this temporary rule. The 2010 and 2011 Caribbean ACL 
Amendments and final rules also allocated ACLs among three Caribbean 
island management areas, i.e., the Puerto Rico, St. Croix, and St. 
Thomas/St. John management areas of the EEZ, as specified in Appendix E 
to part 622. The ACLs for species and species groups in the Puerto Rico 
management area, except for spiny lobster, were further allocated 
between the commercial and recreational sectors, and AMs apply to each 
of these sectors separately.
    On May 11, 2016, NMFS published the final rule implementing the 
Comprehensive AM Application Amendment to the U.S. Caribbean FMPs: 
Application of Accountability Measures and additional regulatory 
clarifications (81 FR 29166). Among other things, the final rule 
clarified that the spiny lobster ACL for the Puerto Rico management 
area is applied as a single ACL for both the commercial and 
recreational sectors, consistent with the Council's intent in the 2011 
Caribbean ACL Amendment. Additionally, the final rule clarified the 
fishing restrictions that occur in the Caribbean EEZ when an ACL is 
exceeded and an AM is implemented.
    The ACLs for the applicable species and species groups, and fishing 
sectors in the EEZ off Puerto Rico covered by this temporary rule are 
as follows and are given in round weight:
     The commercial ACL for triggerfish and filefish, combined, 
is 58,475 lb (26,524 kg), as specified in Sec.  622.12(a)(1)(i)(Q).
     The commercial ACL for wrasses is 54,147 lb (24,561 kg), 
as specified in Sec.  622.12(a)(1)(i)(L).
     The commercial ACL for Snapper Unit 2 is 145,916 lb 
(66,186 kg), as specified in Sec.  622.12(a)(1)(i)(D).
     The ACL for spiny lobster is 327,920 lb (148,742 kg), as 
specified in Sec.  622.12(a)(1)(iii).
     The commercial ACL for parrotfishes is 52,737 lb (23,915 
kg), as specified in Sec.  622.12(a)(1)(i)(B).
     The recreational ACL for jacks is 51,001 lb (23,134 kg), 
as specified in Sec.  622.12(a)(1)(ii)(M).
    In accordance with regulations at 50 CFR 622.12(a), if landings 
from a Caribbean island management area are estimated to have exceeded 
the

[[Page 34284]]

applicable ACL, the Assistant Administrator for NOAA Fisheries (AA), 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for the applicable species or 
species group the following fishing year by the amount necessary to 
ensure landings do not exceed the applicable ACL. NMFS evaluates 
landings relative to the applicable ACL based on a moving 3-year 
average of landings, as described in the FMPs.
    Based on the most recent landings data, from the 2012-2014 fishing 
years, NMFS has determined that the ACLs for spiny lobster; the 
commercial sectors for triggerfish and filefish, wrasses, Snapper Unit 
2, spiny lobster, and parrotfishes; and the recreational sector of 
jacks have been exceeded. In addition, NMFS has determined that the 
ACLs for these species and species groups were exceeded because of 
increased catches and not as a result of enhanced data collection and 
monitoring efforts.
    This temporary rule implements AMs for the identified commercial 
and recreational sectors for the species and species groups listed in 
this temporary rule, to reduce the 2016 fishing season lengths to 
ensure that landings do not exceed the applicable ACLs in the 2016 
fishing year. The 2016 fishing seasons for the applicable sectors for 
these species and species groups in the Puerto Rico management area of 
the EEZ are closed at the times and dates listed below. These closures 
remain in effect until the 2017 fishing seasons begin at 12:01 a.m., 
local time, January 1, 2017.
     The commercial sector for triggerfish and filefish, 
combined, is closed effective at 12:01 a.m., local time, October 16, 
2016. Triggerfish and filefish, combined, include ocean (Canthidermis 
sufflamen), queen (Balistes vetula), and sargassum triggerfish 
(Xanthichthys ringens), scrawled (Aluterus scriptus) and whitespotted 
filefish (Cantherhines macrocerus), and black durgon (Melichthys 
niger);
     The recreational sector for jacks is closed effective at 
12:01 a.m., local time, November 4, 2016. Jacks include horse-eye 
(Caranx latus), black (Caranx lugubris), almaco (Seriola rivoliana), 
bar (Caranx ruber), and yellow jack (Caranx bartholomaei), greater 
amberjack (Seriola dumerili), and blue runner (Caranx crysos);
     The commercial sector for wrasses is closed effective at 
12:01 a.m., local time, November 16, 2016. Wrasses include hogfish 
(Lachnolaimus maximus), puddingwife (Halichoeres radiatus) and Spanish 
hogfish (Bodianus rufus);
     The commercial sector for Snapper Unit 2 is closed 
effective at 12:01 a.m., local time, November 26, 2016. Snapper Unit 2 
include queen (Etelis oculatus) and cardinal snapper (Pristipomoides 
macrophthalmus);
     The commercial and recreational sectors for spiny lobster 
(Panulirus argus) are closed effective at 12:01 a.m., local time, 
December 10, 2016; and
     The commercial sector for parrotfishes is closed effective 
at 12:01 a.m., local time, December 19, 2016. Parrotfishes include 
queen (Scarus vetula), princess (Scarus taeniopterus), striped (Scarus 
iseri), redband (Sparisoma aurofrenatum), redfin (Sparisoma 
rubripinne), redtail (Sparisoma chrysopterum), and stoplight parrotfish 
(Sparisoma viride).
    During the Puerto Rico commercial sector closures announced in this 
temporary rule, the commercial sectors for the indicated species or 
species groups are closed. All harvest or possession of the indicated 
species or species group in or from the Puerto Rico management area is 
limited to the recreational 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 is prohibited. 
During the Puerto Rico recreational sector closure for jacks announced 
in this temporary rule, the jacks recreational sector is closed, and 
the recreational bag and possession limits for jacks in or from the 
Puerto Rico management area are zero.
    During the spiny lobster closure in the Puerto Rico management 
area, both the commercial and recreational sectors fo spiny lobster are 
closed. The harvest, possession, purchase, or sale of spiny lobster in 
or from the Puerto Rico management area is prohibited. The bag and 
possession limits for spiny lobster in or from the Puerto Rico 
management area are zero.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the species and species groups included in this temporary rule, in the 
EEZ off Puerto Rico, and is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This action is taken under 50 CFR 622.12(a)(1) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The AA finds good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rules implementing the ACLs and 
AMs for these species and species groups have been subject to notice 
and comment, and all that remains is to notify the public that the ACLs 
were exceeded and that the AMs are being implemented for the 2016 
fishing year. Prior notice and opportunity for public comment on this 
action would be contrary to the public interest, because many of those 
affected by the length of the commercial and recreational fishing 
seasons, including commercial operations, and charter vessel and 
headboat operations that book trips for clients in advance, need 
advance notice to adjust their business plans to account for the 
reduced commercial and recreational fishing seasons.

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

    Dated: May 25, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12728 Filed 5-27-16; 8:45 am]
 BILLING CODE 3510-22-P