[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31489-31491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14293]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170126124-7124-01]
RIN 0648-XF488


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 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: Through this temporary rule, NMFS implements accountability 
measures (AMs) for species and species groups in the exclusive economic 
zone (EEZ) of the U.S. Caribbean off Puerto Rico (Puerto Rico 
management area) for the 2017 fishing year. NMFS has determined that 
annual catch limits (ACLs) in the Puerto Rico management area were 
exceeded for spiny lobster; the commercial sectors of triggerfish and 
filefish (combined), and Snapper Unit 2; and the recreational sectors 
of triggerfish and filefish (combined), and jacks, based on average 
landings during the 2013-2015 fishing years. This temporary rule 
reduces the lengths of the 2017 fishing seasons for these species and 
species groups by the amounts necessary to ensure, to the extent 
practicable, that landings do not exceed the applicable ACLs in 2017. 
NMFS closes the applicable sectors for these species and species groups 
beginning on the dates specified in the DATES section and continuing 
until October 1, 2017. These AMs are necessary to protect the Caribbean 
reef fish and spiny lobster resources in the Puerto Rico management 
area.

DATES: This rule is effective August 7, 2017, until 12:01 a.m., local 
time, on October 1, 2017. The AM-based closures apply in the Puerto 
Rico management area for the following species and species groups, and 
fishing sectors, at the times and dates specified below, until 12:01 
a.m., local time, on October 1, 2017.
     Triggerfish and filefish, combined (commercial) effective 
at 12:01 a.m., local time, on August 13, 2017;
     Spiny lobster (commercial and recreational) effective at 
12:01 a.m., local time, on September 7, 2017;
     Snapper Unit 2 (commercial) effective at 12:01 a.m., local 
time, on September 15, 2017;
     Triggerfish and filefish, combined (recreational) 
effective at 12:01 a.m., local time, on September 18, 2017;
     Jacks (recreational) effective at 12:01 a.m., local time, 
on September 28, 2017.

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 triggerfish and filefish, snappers in Snapper Unit 2, and 
jacks, and is managed under the Fishery Management Plan (FMP) for the 
Reef

[[Page 31490]]

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 (which includes, along with 
another amendment, Amendment 5 to the Reef Fish FMP) and the 2011 
Caribbean ACL Amendment (which includes, among other amendments, 
Amendment 6 to the Reef Fish FMP and Amendment 5 to the Spiny Lobster 
FMP) revised the Reef Fish and Spiny Lobster FMPs. Among other actions, 
the 2010 and 2011 Caribbean ACL Amendments and the associated final 
rules (76 FR 82404, December 30, 2011, and 76 FR 82414, December 30, 
2011, respectively) established ACLs and AMs for Caribbean reef fish 
and spiny lobster, 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 Caribbean 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 Amendment to the U.S. Caribbean FMPs: Application of AMs 
(81 FR 29166). Among other items, 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, and the 
AM applies to both sectors. Additionally, the final rule clarified the 
fishing restrictions that occur in the Caribbean EEZ when an ACL is 
exceeded, and an AM is triggered and implemented. The Puerto Rico 
management area encompasses the EEZ off Puerto Rico.
    In addition, on June 8, 2017, NMFS implemented the final rule for 
Amendment 8 to the Reef Fish FMP, Amendment 7 to the Spiny Lobster FMP, 
and Amendment 6 to the FMP for Corals and Reef Associated Plants and 
Invertebrates of Puerto Rico and the U.S. Virgin Islands (collectively 
referred to as the AM Timing Amendment) (82 FR 21475, May 9, 2017). The 
final rule implementing the AM Timing Amendment modified the date for 
initiating an AM-based closure in the event of an ACL overage for the 
species and species groups managed by the Council under the 
aforementioned FMPs. Instead of initiating an AM-based closure on 
December 31 and counting backward into the year for the number of days 
necessary to achieve the reduction in landings required so landings do 
not exceed the applicable ACL, the AM-based closure period will be 
applied on September 30 and count backward toward the beginning of the 
fishing year.
    The ACLs for the applicable species and species groups, and fishing 
sectors in the Puerto Rico management area 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 ACL for spiny lobster (applicable to the commercial 
and recreational sectors) is 327,920 lb (148,742 kg), as specified in 
Sec.  622.12(a)(1)(iii).
     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 recreational ACL for triggerfish and filefish, 
combined, is 21,929 lb (9,947 kg), as specified in Sec.  
622.12(a)(1)(ii)(Q).
     The recreational ACL for jacks is 51,001 lb (23,134 kg), 
as specified in Sec.  622.12(a)(1)(ii)(M).
    NMFS has determined that landings for the species and species 
groups in this temporary rule from the Puerto Rico management area 
exceeded the applicable ACLs. Therefore, in accordance with regulations 
at 50 CFR 622.12(a), the Assistant Administrator for NOAA Fisheries 
(AA) is filing a notification with the Office of the Federal Register 
to reduce the lengths of the fishing seasons for the applicable species 
or species groups in the 2017 fishing year by the amount necessary to 
ensure, to the extent practicable, that landings do not exceed the 
applicable ACLs. As described in the Reef Fish and Spiny Lobster FMPs, 
and in this temporary rule, any required fishing season reduction 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 on December 31. 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 available landings data, from the 2013-
2015 fishing years, NMFS has determined that the ACLs for spiny 
lobster; the commercial sectors for triggerfish and filefish 
(combined), and Snapper Unit 2; and the recreational sectors of 
triggerfish and filefish (combined), and jacks in the Puerto Rico 
management area 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 respective 2017 fishing season 
lengths to ensure that landings do not exceed the applicable ACLs in 
the 2017 fishing year. The 2017 fishing seasons for the applicable 
sectors for these species and species groups in the Puerto Rico 
management area of the Caribbean EEZ are closed at the times and dates 
listed below. These closures remain in effect until 12:01 a.m., local 
time, on October 1, 2017.
     The commercial sector for triggerfish and filefish, 
combined, is closed effective at 12:01 a.m., local time, on August 13, 
2017. Triggerfish and filefish, combined, includes ocean, queen, and 
sargassum triggerfish; scrawled and whitespotted filefish; and black 
durgon;
     The commercial and recreational sectors for spiny lobster 
are closed effective at 12:01 a.m., local time, on September 7, 2017;
     The commercial sector for Snapper Unit 2 is closed 
effective at 12:01 a.m., local time, on September 15, 2017. Snapper 
Unit 2 includes queen and cardinal snapper;
     The recreational sector for triggerfish and filefish, 
combined, is closed effective at 12:01 a.m., local time, on September 
18, 2017. Triggerfish and filefish, combined, includes ocean, queen, 
and sargassum triggerfish; scrawled and whitespotted filefish; and 
black durgon; and
     The recreational sector for jacks is closed effective at 
12:01 a.m., local time, on September 28, 2017. Jacks includes horse-
eye, black, almaco, bar, and yellow jack; greater amberjack; and blue 
runner.

[[Page 31491]]

    After these specified closures, on October 1, 2017, these 
applicable species and species groups will reopen through December 31, 
2017, the end of the current fishing year.
    During the Puerto Rico commercial sector closures announced in this 
temporary rule for the species above, except for spiny lobster, which 
is described below, the commercial harvest of the indicated species or 
species groups is prohibited. All harvest or possession of the 
indicated species or species groups in or from the Puerto Rico 
management area is limited to the recreational bag and possession 
limits specified in Sec.  622.437, unless the recreational sector for 
the species or species group is closed, 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 closures announced in 
this temporary rule for the species above, except for spiny lobster, 
which is described below, all recreational harvest of the indicated 
species groups is prohibited, and the recreational bag and possession 
limits for the indicated species groups in or from the Puerto Rico 
management area are zero.
    During the Puerto Rico spiny lobster closure announced in this 
temporary rule, both the commercial and recreational sectors for 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 for the NMFS Southeast Region 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 Puerto Rico management area, 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 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 2017 
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: July 3, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-14293 Filed 7-6-17; 8:45 am]
 BILLING CODE 3510-22-P