81_FR_34387 81 FR 34283 - 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

81 FR 34283 - 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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 104 (May 31, 2016)

Page Range34283-34284
FR Document2016-12728

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.

Federal Register, Volume 81 Issue 104 (Tuesday, May 31, 2016)
[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34283-34284]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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



                                                                         Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations                                               34283

                                                      Authority: 21 U.S.C. 321(q), 346a and 371.                  dates specified below (in the DATES                   Reef Fish and Spiny lobster FMPs (76
                                                  ■ 2. In the table in § 180.574(a)(1),                           section) and continuing until the end of              FR 82404, December 30 2011, and 76 FR
                                                  alphabetically add the entry ‘‘Vegetable                        the fishing year, December 31, 2016.                  82414, December 30, 2011). Among
                                                  cucurbit, group 9’’ to read as follows:                         These AMs are necessary to protect the                other actions, the 2010 and 2011
                                                                                                                  Caribbean reef fish and spiny lobster                 Caribbean ACL Amendments and the
                                                  § 180.574      Fluazinam; tolerances for                        resources in the EEZ off Puerto Rico.                 associated final rules established ACLs
                                                  residues.                                                       DATES: This rule is effective June 30,                and AMs for Caribbean spiny lobster
                                                      (a) * * *                                                   2016, until 12:01 a.m., local time,                   and reef fish, including the species and
                                                      (1) * * *                                                   January 1, 2017. The AMs apply in the                 species groups identified in this
                                                                                                                  EEZ off Puerto Rico for the following                 temporary rule. The 2010 and 2011
                                                               Commodity                          Parts           species and species groups, and fishing               Caribbean ACL Amendments and final
                                                                                                per million                                                             rules also allocated ACLs among three
                                                                                                                  sectors, at the times and dates specified
                                                                                                                  below, until 12:01 a.m., local time,                  Caribbean island management areas, i.e.,
                                                    *         *          *                  *            *        January 1, 2017.                                      the Puerto Rico, St. Croix, and St.
                                                  Vegetable, cucurbit, group 9                           0.07        • Triggerfish and filefish, combined               Thomas/St. John management areas of
                                                                                                                  (commercial) effective at 12:01 a.m.,                 the EEZ, as specified in Appendix E to
                                                       *           *           *            *            *        local time, October 16, 2016;                         part 622. The ACLs for species and
                                                                                                                     • Jacks (recreational) effective at                species groups in the Puerto Rico
                                                  *        *     *         *       *                              12:01 a.m., local time, November 4,                   management area, except for spiny
                                                  [FR Doc. 2016–12721 Filed 5–27–16; 8:45 am]                     2016;                                                 lobster, were further allocated between
                                                  BILLING CODE 6560–50–P                                             • Wrasses (commercial) effective at                the commercial and recreational sectors,
                                                                                                                  12:01 a.m., local time, November 16,                  and AMs apply to each of these sectors
                                                                                                                  2016;                                                 separately.
                                                  DEPARTMENT OF COMMERCE                                             • Snapper Unit 2 (commercial)                         On May 11, 2016, NMFS published
                                                                                                                  effective at 12:01 a.m., local time,                  the final rule implementing the
                                                  National Oceanic and Atmospheric                                November 26, 2016;                                    Comprehensive AM Application
                                                  Administration                                                     • Spiny lobster (commercial and                    Amendment to the U.S. Caribbean
                                                                                                                  recreational) effective at 12:01 a.m.,                FMPs: Application of Accountability
                                                  50 CFR Part 622                                                 local time, December 10, 2016;                        Measures and additional regulatory
                                                                                                                     • Parrotfishes (commercial) effective              clarifications (81 FR 29166). Among
                                                  [Docket No. 100120037–1626–02 and
                                                                                                                  at 12:01 a.m., local time, December 19,               other things, the final rule clarified that
                                                  101217620–1788–03]
                                                                                                                  2016.                                                 the spiny lobster ACL for the Puerto
                                                  RIN 0648–XE491                                                  FOR FURTHER INFORMATION CONTACT:                      Rico management area is applied as a
                                                                                                                  William S. Arnold, NMFS Southeast                     single ACL for both the commercial and
                                                  Fisheries of the Caribbean, Gulf of                             Regional Office, telephone: 727–824–                  recreational sectors, consistent with the
                                                  Mexico, and South Atlantic; 2016                                5305, email: bill.arnold@noaa.gov.                    Council’s intent in the 2011 Caribbean
                                                  Accountability Measure-Based                                                                                          ACL Amendment. Additionally, the
                                                                                                                  SUPPLEMENTARY INFORMATION: The reef
                                                  Closures for Commercial and                                                                                           final rule clarified the fishing
                                                  Recreational Species in the U.S.                                fish fishery of the Caribbean, which
                                                                                                                  includes triggerfish and filefish,                    restrictions that occur in the Caribbean
                                                  Caribbean Off Puerto Rico                                                                                             EEZ when an ACL is exceeded and an
                                                                                                                  wrasses, snappers in Snapper Unit 2,
                                                  AGENCY:  National Marine Fisheries                              parrotfishes, and jacks, is managed                   AM is implemented.
                                                                                                                                                                           The ACLs for the applicable species
                                                  Service (NMFS), National Oceanic and                            under the Fishery Management Plan for
                                                                                                                                                                        and species groups, and fishing sectors
                                                  Atmospheric Administration (NOAA),                              the Reef Fish Fishery of Puerto Rico and
                                                                                                                                                                        in the EEZ off Puerto Rico covered by
                                                  Commerce.                                                       the U.S. Virgin Islands (Reef Fish FMP).
                                                                                                                                                                        this temporary rule are as follows and
                                                  ACTION: Temporary rule; closures.                               Caribbean spiny lobster is managed
                                                                                                                                                                        are given in round weight:
                                                                                                                  under the FMP for the Spiny Lobster                      • The commercial ACL for triggerfish
                                                  SUMMARY:   NMFS implements                                      Fishery of Puerto Rico and the U.S.                   and filefish, combined, is 58,475 lb
                                                  accountability measures (AMs) for                               Virgin Islands (Spiny Lobster FMP). The               (26,524 kg), as specified in
                                                  species and species groups in the                               FMPs were prepared by the Caribbean                   § 622.12(a)(1)(i)(Q).
                                                  exclusive economic zone (EEZ) of the                            Fishery Management Council (Council)                     • The commercial ACL for wrasses is
                                                  U.S. Caribbean off Puerto Rico for the                          and are implemented by NMFS under                     54,147 lb (24,561 kg), as specified in
                                                  2016 fishing year through this                                  the authority of the Magnuson-Stevens                 § 622.12(a)(1)(i)(L).
                                                  temporary rule. NMFS has determined                             Fishery Conservation and Management                      • The commercial ACL for Snapper
                                                  that annual catch limits (ACLs) in the                          Act (Magnuson-Stevens Act) by                         Unit 2 is 145,916 lb (66,186 kg), as
                                                  EEZ off Puerto Rico were exceeded for                           regulations at 50 CFR part 622.                       specified in § 622.12(a)(1)(i)(D).
                                                  spiny lobster; the commercial sectors for                          The 2010 Caribbean ACL Amendment                      • The ACL for spiny lobster is
                                                  triggerfish and filefish, wrasses, Snapper                      (Amendment 2 to the FMP for the                       327,920 lb (148,742 kg), as specified in
                                                  Unit 2, and parrotfishes; and the                               Queen Conch Resources of Puerto Rico                  § 622.12(a)(1)(iii).
                                                  recreational sector for jacks, based on                         and the U.S. Virgin Islands (Queen                       • The commercial ACL for
                                                  average landings during the 2012–2014                           Conch FMP) and Amendment 5 to the                     parrotfishes is 52,737 lb (23,915 kg), as
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  fishing years. This temporary rule                              Reef Fish FMP) and 2011 Caribbean                     specified in § 622.12(a)(1)(i)(B).
                                                  reduces the lengths of the 2016 fishing                         ACL Amendment (Amendment 3 to the                        • The recreational ACL for jacks is
                                                  seasons for these species and species                           Queen Conch FMP, Amendment 6 to the                   51,001 lb (23,134 kg), as specified in
                                                  groups by the amounts necessary to                              Reef Fish FMP, Amendment 5 to the                     § 622.12(a)(1)(ii)(M).
                                                  ensure that landings do not exceed the                          Spiny Lobster FMP, and Amendment 3                       In accordance with regulations at 50
                                                  applicable ACLs in 2016. NMFS closes                            to FMP for Corals and Reef Associated                 CFR 622.12(a), if landings from a
                                                  the applicable sectors for these species                        Plants and Invertebrates of Puerto Rico               Caribbean island management area are
                                                  and species groups beginning on the                             and the U.S. Virgin Islands) revised the              estimated to have exceeded the


                                             VerDate Sep<11>2014       16:39 May 27, 2016   Jkt 238001       PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\31MYR1.SGM   31MYR1


                                                  34284              Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

                                                  applicable ACL, the Assistant                           (Seriola dumerili), and blue runner                   Classification
                                                  Administrator for NOAA Fisheries (AA),                  (Caranx crysos);
                                                  will file a notification with the Office of                • The commercial sector for wrasses                   The Regional Administrator,
                                                  the Federal Register to reduce the length               is closed effective at 12:01 a.m., local              Southeast Region, NMFS, has
                                                  of the fishing season for the applicable                time, November 16, 2016. Wrasses                      determined this temporary rule is
                                                  species or species group the following                  include hogfish (Lachnolaimus                         necessary for the conservation and
                                                  fishing year by the amount necessary to                 maximus), puddingwife (Halichoeres                    management of the species and species
                                                  ensure landings do not exceed the                       radiatus) and Spanish hogfish                         groups included in this temporary rule,
                                                  applicable ACL. NMFS evaluates                          (Bodianus rufus);                                     in the EEZ off Puerto Rico, and is
                                                  landings relative to the applicable ACL                    • The commercial sector for Snapper                consistent with the Magnuson-Stevens
                                                  based on a moving 3-year average of                     Unit 2 is closed effective at 12:01 a.m.,             Act and other applicable laws.
                                                  landings, as described in the FMPs.                     local time, November 26, 2016. Snapper                   This action is taken under 50 CFR
                                                     Based on the most recent landings                    Unit 2 include queen (Etelis oculatus)                622.12(a)(1) and is exempt from review
                                                  data, from the 2012–2014 fishing years,                 and cardinal snapper (Pristipomoides                  under Executive Order 12866.
                                                  NMFS has determined that the ACLs for                   macrophthalmus);
                                                  spiny lobster; the commercial sectors for                  • The commercial and recreational                     These measures are exempt from the
                                                  triggerfish and filefish, wrasses, Snapper              sectors for spiny lobster (Panulirus                  procedures of the Regulatory Flexibility
                                                  Unit 2, spiny lobster, and parrotfishes;                argus) are closed effective at 12:01 a.m.,            Act because the temporary rule is issued
                                                  and the recreational sector of jacks have               local time, December 10, 2016; and                    without opportunity for prior notice and
                                                  been exceeded. In addition, NMFS has                       • The commercial sector for                        comment.
                                                  determined that the ACLs for these                      parrotfishes is closed effective at 12:01                This action responds to the best
                                                  species and species groups were                         a.m., local time, December 19, 2016.                  scientific information available. The AA
                                                  exceeded because of increased catches                   Parrotfishes include queen (Scarus                    finds good cause to waive the
                                                  and not as a result of enhanced data                    vetula), princess (Scarus taeniopterus),              requirements to provide prior notice
                                                  collection and monitoring efforts.                      striped (Scarus iseri), redband                       and opportunity for public comment
                                                     This temporary rule implements AMs                   (Sparisoma aurofrenatum), redfin                      pursuant to the authority set forth at 5
                                                  for the identified commercial and                       (Sparisoma rubripinne), redtail                       U.S.C. 553(b)(B) as such prior notice
                                                  recreational sectors for the species and                (Sparisoma chrysopterum), and                         and opportunity for public comment is
                                                  species groups listed in this temporary                 stoplight parrotfish (Sparisoma viride).
                                                                                                                                                                unnecessary and contrary to the public
                                                  rule, to reduce the 2016 fishing season                    During the Puerto Rico commercial
                                                                                                          sector closures announced in this                     interest. Such procedures are
                                                  lengths to ensure that landings do not                                                                        unnecessary because the rules
                                                  exceed the applicable ACLs in the 2016                  temporary rule, the commercial sectors
                                                                                                          for the indicated species or species                  implementing the ACLs and AMs for
                                                  fishing year. The 2016 fishing seasons                                                                        these species and species groups have
                                                  for the applicable sectors for these                    groups are closed. All harvest or
                                                                                                          possession of the indicated species or                been subject to notice and comment,
                                                  species and species groups in the Puerto                                                                      and all that remains is to notify the
                                                  Rico management area of the EEZ are                     species group in or from the Puerto Rico
                                                                                                          management area is limited to the                     public that the ACLs were exceeded and
                                                  closed at the times and dates listed
                                                                                                          recreational bag and possession limits                that the AMs are being implemented for
                                                  below. These closures remain in effect
                                                                                                          specified in § 622.437, and the sale or               the 2016 fishing year. Prior notice and
                                                  until the 2017 fishing seasons begin at
                                                                                                          purchase of the indicated species or                  opportunity for public comment on this
                                                  12:01 a.m., local time, January 1, 2017.
                                                     • The commercial sector for                          species group in or from the Puerto Rico              action would be contrary to the public
                                                  triggerfish and filefish, combined, is                  management area is prohibited. During                 interest, because many of those affected
                                                  closed effective at 12:01 a.m., local time,             the Puerto Rico recreational sector                   by the length of the commercial and
                                                  October 16, 2016. Triggerfish and                       closure for jacks announced in this                   recreational fishing seasons, including
                                                  filefish, combined, include ocean                       temporary rule, the jacks recreational                commercial operations, and charter
                                                  (Canthidermis sufflamen), queen                         sector is closed, and the recreational bag            vessel and headboat operations that
                                                  (Balistes vetula), and sargassum                        and possession limits for jacks in or                 book trips for clients in advance, need
                                                  triggerfish (Xanthichthys ringens),                     from the Puerto Rico management area                  advance notice to adjust their business
                                                  scrawled (Aluterus scriptus) and                        are zero.                                             plans to account for the reduced
                                                  whitespotted filefish (Cantherhines                        During the spiny lobster closure in the            commercial and recreational fishing
                                                  macrocerus), and black durgon                           Puerto Rico management area, both the                 seasons.
                                                  (Melichthys niger);                                     commercial and recreational sectors fo                  Authority: 16 U.S.C. 1801 et seq.
                                                     • The recreational sector for jacks is               spiny lobster are closed. The harvest,
                                                                                                                                                                  Dated: May 25, 2016.
                                                  closed effective at 12:01 a.m., local time,             possession, purchase, or sale of spiny
                                                  November 4, 2016. Jacks include horse-                  lobster in or from the Puerto Rico                    Emily H. Menashes,
                                                  eye (Caranx latus), black (Caranx                       management area is prohibited. The bag                Acting Director, Office of Sustainable
                                                  lugubris), almaco (Seriola rivoliana), bar              and possession limits for spiny lobster               Fisheries, National Marine Fisheries Service.
                                                  (Caranx ruber), and yellow jack (Caranx                 in or from the Puerto Rico management                 [FR Doc. 2016–12728 Filed 5–27–16; 8:45 am]
                                                  bartholomaei), greater amberjack                        area are zero.                                        BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with RULES




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Document Created: 2016-05-28 03:57:13
Document Modified: 2016-05-28 03:57:13
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
ActionTemporary rule; closures.
DatesThis 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.
ContactWilliam S. Arnold, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 34283 
RIN Number0648-XE49

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