[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18400-18401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07914]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket Nos. 100120037-1626-02 and 101217620-1788-03]
RIN 0648-XF344


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Accountability Measure-Based Closures for 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 two species 
groups in the exclusive economic zone (EEZ) of the U.S. Caribbean off 
Puerto Rico for the 2017 fishing year through this temporary rule. NMFS 
has determined that recreational sector annual catch limits (ACLs) in 
the EEZ off Puerto Rico were exceeded for wrasses and parrotfishes 
based on average landings during the 2013-2015 fishing years. This 
temporary rule reduces the lengths of the 2017 fishing seasons for 
these species groups by the amounts necessary to ensure that landings 
do not exceed the applicable recreational ACLs in 2017. NMFS closes the 
recreational sectors for these species groups beginning on the dates 
specified in the DATES section and continuing through the end of the 
current fishing year, December 31, 2017. These AMs are necessary to 
protect the Caribbean reef fish resources in the EEZ off Puerto Rico.

DATES: This rule is effective for recreational sector wrasses in the 
EEZ off Puerto Rico at 12:01 a.m., local time, April 19, 2017, until 
12:01 a.m., local time, January 1, 2018. This rule is effective for 
recreational sector parrotfishes in the EEZ off Puerto Rico May 19, 
2017, until 12:01 a.m., local time, January 1, 2018. The AM-based 
closure for recreational parrotfishes applies at 12:01 a.m., local 
time, November 4, 2017, until 12:01 a.m., local time, January 1, 2018.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean EEZ 
includes wrasses and parrotfishes, and is managed under the Fishery 
Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. 
Virgin Islands (Reef Fish FMP). The Reef Fish FMP was prepared by the 
Caribbean Fishery Management Council (Council) and is 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 FMP (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 reef fish, including 
the 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 reef fish species and 
species groups in the Puerto Rico management area were further 
allocated between the commercial and recreational sectors, and AMs 
apply to each of these sectors separately. The Puerto Rico management 
area encompasses the EEZ off Puerto Rico.
    The recreational ACLs in the EEZ off Puerto Rico for the species 
groups covered by this temporary rule are as follows and are given in 
round weight:
     The recreational ACL for wrasses is 5,050 lb (2,291 kg), 
as specified in Sec.  622.12(a)(1)(ii)(L).
     The recreational ACL for parrotfishes is 15,263 lb (6,921 
kg), as specified in Sec.  622.12(a)(1)(ii)(B).
    In accordance with regulations at 50 CFR 622.12(a), if landings 
from a Caribbean island management area are estimated to have exceeded 
the 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 Reef Fish FMP.
    Based on the most recent available landings data, from the 2013-
2015 fishing years, NMFS has determined that the recreational ACLs for 
wrasses and parrotfishes in the EEZ off Puerto Rico have been exceeded. 
In addition, NMFS has determined that the recreational ACLs for these 
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 both recreational wrasses 
and

[[Page 18401]]

parrotfishes, to reduce the respective 2017 fishing season lengths to 
ensure that landings do not exceed the applicable recreational ACLs in 
the 2017 fishing year. The 2017 fishing seasons for the recreational 
sectors for these species groups in the Puerto Rico management area of 
the EEZ are closed at the times and dates listed below. These 
recreational closures remain in effect until the 2018 fishing seasons 
begin at 12:01 a.m., local time, January 1, 2018.
     The recreational sector for wrasses is closed effective at 
12:01 a.m., local time, April 19, 2017. Wrasses include hogfish, 
puddingwife, and Spanish hogfish.
     The recreational sector for parrotfishes is closed 
effective at 12:01 a.m., local time, November 4, 2017. Parrotfishes 
include queen, princess, striped, redband, redfin, redtail, and 
stoplight parrotfish.
    During the Puerto Rico recreational sector closures for the wrasses 
and parrotfishes announced in this temporary rule, all recreational 
harvest of these species groups is closed, and the recreational bag and 
possession limits for these species groups in or from the Puerto Rico 
management area are zero.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of the species 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) 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 groups have been subject to notice and comment, 
and all that remains is to notify the public that the recreational ACLs 
were exceeded and that the AMs are being implemented for the 2017 
fishing year. Prior notice and opportunity for public comment on this 
action would be contrary to the public interest for recreational sector 
wrasses in the EEZ off Puerto Rico, because allowing those procedures 
would require additional time and would be expected to result in 
harvest in excess of the established recreational ACL. Additionally, 
prior notice and opportunity for public comment on this action would be 
contrary to the public interest for recreational sector parrotfishes in 
the EEZ off Puerto Rico, because many of those affected by the length 
of the recreational fishing seasons, including 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 recreational fishing seasons.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action for the 
wrasses recreational sector under 5 U.S.C. 553(d)(3). The AA has 
determined that waiver of the 30-day delay in the effectiveness of this 
action for the parrotfishes recreational sector is not needed or 
appropriate, as the closure date in this temporary rule is not until 
November 4, 2017.

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

    Dated: April 14, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-07914 Filed 4-14-17; 4:15 pm]
 BILLING CODE 3510-22-P