81_FR_29257 81 FR 29166 - 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

81 FR 29166 - 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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 91 (May 11, 2016)

Page Range29166-29168
FR Document2016-11064

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.

Federal Register, Volume 81 Issue 91 (Wednesday, May 11, 2016)
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29166-29168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11064]


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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



                                                29166             Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations

                                                summarizing the Martı́nez-Gómez                        SUMMARY:   NMFS issues this final rule to             requested public comment (81 FR 5978).
                                                research results. We concur that these                  implement measures described in                       On February 26, 2016, NMFS published
                                                comments are significant and that the                   Amendment 7 to the Fishery                            a proposed rule for the AM Application
                                                taxonomic status of Newell’s shearwater                 Management Plan (FMP) for the Reef                    Amendment and regulatory
                                                merits further consideration. Therefore,                Fish Fishery of Puerto Rico and the U.S.              clarifications not contained in the
                                                we are withdrawing that portion of the                  Virgin Islands (USVI) (Reef Fish FMP),                amendment and requested public
                                                direct final rule concerning the listed                 Amendment 6 to the FMP for the Spiny                  comment (81 FR 9800). The proposed
                                                entity Newell’s Townsend’s shearwater                   Lobster Fishery of Puerto Rico and the                rule and the AM Application
                                                (Puffinus auricularis newelli). In the                  USVI (Spiny Lobster FMP), Amendment                   Amendment outline the rationale for the
                                                future, we may propose changes in the                   5 to the FMP for Corals and Reef                      actions contained in this final rule. A
                                                taxonomy of Newell’s Townsend’s                         Associated Plants and Invertebrates of                summary of the actions implemented by
                                                shearwater with opportunity for further                 Puerto Rico and the USVI (Coral FMP),                 the AM Application Amendment and
                                                public comment.                                         and Amendment 4 to the FMP for the                    this final rule is provided below.
                                                   Other topics discussed in the                        Queen Conch Resources of Puerto Rico                     The final rule implementing
                                                comments were not specific to the                       and the USVI (Queen Conch FMP), as                    Amendment 2 to the Queen Conch FMP
                                                taxonomic issues raised in the direct                   prepared by the Caribbean Fishery                     and Amendment 5 to the Reef Fish FMP
                                                final rule. We did not receive significant              Management Council (Council). In                      (2010 Caribbean Annual Catch Limit
                                                adverse comments concerning the                         combination, these amendments                         (ACL) Amendment) established ACLs
                                                taxonomy of the Oahu elepaio, Kauai                     represent the Application of                          and AMs for species/species groups that
                                                akialoa, akiapolaau, Kauai nukupuu,                     Accountability Measures (AM)                          were at the time experiencing
                                                Maui nukupuu, Hawaii akepa, or Maui                     Amendment (AM Application                             overfishing (i.e., parrotfish, snapper,
                                                akepa.                                                  Amendment). The AM Application                        grouper, queen conch) (76 FR 82404,
                                                                                                        Amendment resolves an existing                        December 30, 2011). The final rule
                                                Partial Withdrawal of the Direct Final                  inconsistency between language in the                 implementing Amendment 3 to the
                                                Rule                                                    FMPs and the regulations implementing                 Queen Conch FMP, Amendment 6 to the
                                                  For the reasons stated above, we                      the application of AMs in the U.S.                    Reef Fish FMP, Amendment 5 to the
                                                withdraw amendatory instructions 2.f                    Caribbean exclusive economic zone                     Spiny Lobster FMP, and Amendment 3
                                                and 2.g of the direct final rule published              (EEZ). The purpose of the AM                          to the Coral FMP (2011 Caribbean ACL
                                                on February 17, 2016, at 81 FR 8004–                    Application Amendment is to ensure                    Amendment) established ACLs and
                                                8007.                                                   the authorizing FMPs are consistent                   AMs for the remaining Council-
                                                                                                        with the regulations governing AMs in                 managed species/species groups which
                                                List of Subjects in 50 CFR Part 17                      the Caribbean EEZ. Additionally, this                 were not undergoing overfishing at the
                                                  Endangered and threatened species,                    final rule clarifies the AM closure                   time or for which the overfishing status
                                                Exports, Imports, Reporting and                         provisions, the application of the spiny              was unknown (e.g., grunts, squirrelfish,
                                                recordkeeping requirements,                             lobster ACL in the Puerto Rico                        jacks, spiny lobster) (76 FR 82414,
                                                Transportation.                                         management area of the Caribbean EEZ,                 December 30, 2011). As described at
                                                                                                        and the minimum size limit for queen                  § 622.12(a) for reef fish, spiny lobster,
                                                  Dated: April 28, 2016.
                                                                                                        conch in the Caribbean EEZ.                           and corals and at § 622.491(b) for queen
                                                Stephen Guertin,
                                                                                                        DATES: This final rule is effective June              conch, the current AM regulations in
                                                Acting Director, U.S. Fish and Wildlife                                                                       the Caribbean EEZ require NMFS to
                                                Service.                                                10, 2016.
                                                                                                        ADDRESSES: Electronic copies of the AM                shorten the length of the fishing season
                                                [FR Doc. 2016–11039 Filed 5–10–16; 8:45 am]                                                                   for a species/species group in the year
                                                                                                        Application Amendment, which
                                                BILLING CODE 4333–15–P
                                                                                                        includes an environmental assessment,                 following a determination that the
                                                                                                        a Regulatory Flexibility Act (RFA)                    applicable 3-year landings average
                                                                                                        analysis, and a regulatory impact review              exceeded the respective ACL, unless
                                                DEPARTMENT OF COMMERCE                                  may be obtained from the Southeast                    NMFS determines that the exceedance
                                                                                                        Regional Office Web site at http://                   is due to enhanced data collection and
                                                National Oceanic and Atmospheric                                                                              monitoring efforts. The extent to which
                                                Administration                                          sero.nmfs.noaa.gov/sustainable_
                                                                                                        fisheries/caribbean/index.html.                       fishing seasons are shortened in the year
                                                                                                                                                              following an ACL overage equates to the
                                                50 CFR Part 622                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              number of days necessary to account for
                                                                                                        Marı́a del Mar López, telephone: 727–
                                                [Docket No. 150623546–6395–02]                                                                                the overage and to constrain landings to
                                                                                                        824–5305; email: maria.lopez@                         the ACL. Pursuant to regulations at
                                                RIN 0648–BF18                                           noaa.gov.                                             §§ 622.12(a) and 622.491(b), any such
                                                                                                        SUPPLEMENTARY INFORMATION: In the                     AM-based closures apply only during
                                                Fisheries of the Caribbean, Gulf of                     Caribbean EEZ, the reef fish, spiny                   the fishing year for which they are
                                                Mexico, and South Atlantic;                             lobster, queen conch, and corals and                  implemented. However, the AM closure
                                                Amendments to the Reef Fish, Spiny                      reef associated plants and invertebrates              language in the four FMPs states that
                                                Lobster, Queen Conch, and Corals and                    fisheries are managed under their                     any AM-based closure ‘‘will remain in
                                                Reef Associated Plants and                              respective FMPs. The FMPs were                        effect until modified by the Council,’’
                                                Invertebrates Fishery Management                        prepared by the Council and are                       thereby carrying these closures over
                                                Plans of Puerto Rico and the U.S.                       implemented through regulations at 50                 from year to year, unless or until the
jstallworth on DSK7TPTVN1PROD with RULES




                                                Virgin Islands                                          CFR part 622 under the authority of the               closures are revised by subsequent
                                                AGENCY:  National Marine Fisheries                      Magnuson-Stevens Fishery                              Council action.
                                                Service (NMFS), National Oceanic and                    Conservation and Management Act                          The AM Application Amendment
                                                Atmospheric Administration (NOAA),                      (Magnuson-Stevens Act).                               corrects this inconsistency, between the
                                                Commerce.                                                  On February 4, 2016, NMFS                          language in the FMPs and the regulatory
                                                                                                        published a notice of availability for the            language at §§ 622.12(a) and 622.491(b),
                                                ACTION: Final rule.
                                                                                                        AM Application Amendment and                          by revising the language within the four


                                           VerDate Sep<11>2014   15:15 May 10, 2016   Jkt 238001   PO 00000   Frm 00056   Fmt 4700   Sfmt 4700   E:\FR\FM\11MYR1.SGM   11MYR1


                                                                  Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations                                            29167

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


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                                                29168             Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations

                                                expressed overall support for the actions               PART 622—FISHERIES OF THE                             such species or species groups are
                                                in the amendment and the rule. A                        CARIBBEAN, GULF OF MEXICO, AND                        closed, the restrictions specified in
                                                Federal agency stated that they had no                  SOUTH ATLANTIC                                        paragraph (b)(1)(iii) of this section
                                                comment on the amendment or the                                                                               apply.
                                                proposed rule. One comment was not                      ■ 1. The authority citation for part 622
                                                                                                                                                                 (iii) Restrictions applicable when both
                                                related to the actions in the amendment                 continues to read as follows:
                                                                                                                                                              Puerto Rico commercial and Puerto Rico
                                                or the proposed rule. Therefore, no                         Authority: 16 U.S.C. 1801 et seq.                 recreational sectors are closed, except
                                                changes were made to this final rule                                                                          for spiny lobster. If the seasons for both
                                                based on public comment.                                ■ 2. In § 622.12, remove paragraph
                                                                                                        (a)(1)(i)(R) and add paragraphs (a)(1)(iii)           the commercial and recreational sectors
                                                Classification                                          and (b).                                              for a species or species group are closed,
                                                   The Regional Administrator,                             The additions read as follows:                     such species or species groups in or
                                                Southeast Region, NMFS has                                                                                    from the Puerto Rico management area
                                                                                                        § 622.12 Annual catch limits (ACLs) and               may not be harvested, possessed,
                                                determined that this final rule is                      accountability measures (AMs) for
                                                consistent with the AM Application                                                                            purchased, or sold, and the bag and
                                                                                                        Caribbean island management areas/
                                                Amendment, the FMPs, the Magnuson-                                                                            possession limits for such species or
                                                                                                        Caribbean EEZ.
                                                Stevens Act, and other applicable law.                                                                        species groups in or from the Puerto
                                                                                                        *       *     *     *     *                           Rico management area are zero.
                                                   This final rule has been determined to                  (a) * * *
                                                be not significant for purposes of                         (1) * * *                                             (iv) Restrictions applicable after a
                                                Executive Order 12866.                                     (iii) Spiny lobster. The following ACL             spiny lobster closure in Puerto Rico.
                                                   The Magnuson-Stevens Act provides                    applies to landings of spiny lobster                  During the closure period announced in
                                                the statutory basis for this rule. No                   throughout the Puerto Rico management                 the notification filed pursuant to
                                                duplicative, overlapping, or conflicting                area—327,920 lb (148,742 kg).                         paragraph (a)(1)(iii) of this section, both
                                                Federal rules have been identified. In                  *       *     *     *     *                           the commercial and recreational sectors
                                                addition, no new reporting, record-                        (b) Closure provisions—(1)                         are closed. Spiny lobster in or from the
                                                keeping, or other compliance                            Restrictions applicable after a Puerto                Puerto Rico management area may not
                                                requirements are introduced by this                     Rico closure. (i) Restrictions applicable             be harvested, possessed, purchased, or
                                                final rule.                                             after a Puerto Rico commercial closure,               sold, and the bag and possession limits
                                                   The Chief Counsel for Regulation of                  except for spiny lobster. During the                  for spiny lobster in or from the Puerto
                                                the Department of Commerce certified                    closure period announced in the                       Rico management area are zero.
                                                to the Chief Counsel for Advocacy of the                notification filed pursuant to paragraph                 (2) Restrictions applicable after a St.
                                                Small Business Administration during                    (a)(1)(i) of this section, the commercial             Croix, St. Thomas/St. John, or
                                                the proposed rule stage that this action                sector for species or species groups                  Caribbean EEZ closure. During the
                                                would not have a significant economic                   included in the notification is closed                closure period announced in the
                                                impact on a substantial number of small                 and such species or species groups in or              notification filed pursuant to paragraph
                                                entities. The factual basis for this                    from the Puerto Rico management area                  (a)(2), (3), or (4) of this section, such
                                                determination was published in the                      may not be purchased or sold. Harvest                 species or species groups in or from the
                                                proposed rule and is not repeated here.                 or possession of such species or species              applicable management area of the
                                                No comments were received regarding                     groups in or from the Puerto Rico                     Caribbean EEZ may not be harvested,
                                                this certification or on the economic                   management area is limited to the                     possessed, purchased, or sold, and the
                                                impacts of the rule more generally, and                 recreational bag and possession limits                bag and possession limits for such
                                                NMFS has not received any new                           unless the recreational sector for the                species or species groups in or from the
                                                information that would affect its                       species or species group is closed and                applicable management area of the
                                                determination. As a result, a final                     the restrictions specified in paragraph               Caribbean EEZ are zero.
                                                regulatory flexibility analysis is not                  (b)(1)(iii) of this section apply.
                                                required and none was prepared.                            (ii) Restrictions applicable after a               ■ 3. In § 622.492, paragraph (a) is
                                                List of Subjects in 50 CFR Part 622                     Puerto Rico recreational closure, except              revised to read as follows:
                                                  Accountability measures, Caribbean,                   for spiny lobster. During the closure                 § 622.492   Minimum size limit.
                                                Fisheries, Fishing, Queen conch.                        period announced in the notification
                                                                                                        filed pursuant to paragraph (a)(1)(ii) of               (a) The minimum size limit for
                                                  Dated: May 5, 2016.                                   this section, the recreational sector for             Caribbean queen conch is either 9
                                                Samuel D. Rauch III,                                    species or species groups included in                 inches (22.9 cm) in length, that is, from
                                                Deputy Assistant Administrator for                      the notification is closed and the                    the tip of the spire to the distal end of
                                                Regulatory Programs,National Marine                     recreational bag and possession limits                the shell, or 3/8 inch (9.5 mm) in lip
                                                Fisheries Service.                                      for such species or species groups in or              width at its widest point.
                                                  For the reasons set out in the                        from the Puerto Rico management area                  *     *      *    *      *
                                                preamble, 50 CFR part 622 is amended                    are zero. If the seasons for both the                 [FR Doc. 2016–11064 Filed 5–10–16; 8:45 am]
                                                as follows:                                             commercial and recreational sectors for               BILLING CODE 3510–22–P
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Document Created: 2016-05-11 01:12:14
Document Modified: 2016-05-11 01:12:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective June 10, 2016.
ContactMar[iacute]a del Mar L[oacute]pez, telephone: 727-824-5305; email: [email protected]
FR Citation81 FR 29166 
RIN Number0648-BF18
CFR AssociatedAccountability Measures; Caribbean; Fisheries; Fishing and Queen Conch

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