81_FR_6001 81 FR 5978 - 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 5978 - 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 23 (February 4, 2016)

Page Range5978-5979
FR Document2016-02092

The Caribbean Fishery Management Council (Council) has submitted 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 the 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) for review, approval, and implementation by NMFS. In combination, these amendments represent the Application of Accountability Measures (AM) Amendment (AM Application Amendment). The AM Application Amendment would resolve an existing inconsistency between language in the four Council FMPs and the regulations implementing application of AMs in the U.S. Caribbean exclusive economic zone (EEZ). The purpose of the AM Application Amendment is to ensure the regulations governing AMs in the Caribbean EEZ are consistent with their authorizing FMPs.

Federal Register, Volume 81 Issue 23 (Thursday, February 4, 2016) 
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Proposed Rules]
[Pages 5978-5979]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

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: Notice of availability; request for comments.

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SUMMARY: The Caribbean Fishery Management Council (Council) has 
submitted 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 the 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) for 
review, approval, and implementation by NMFS. In combination, these 
amendments represent the Application of Accountability Measures (AM) 
Amendment (AM Application Amendment). The AM Application Amendment 
would resolve an existing inconsistency between language in the four 
Council FMPs and the regulations implementing application of AMs in the 
U.S. Caribbean exclusive economic zone (EEZ). The purpose of the AM 
Application Amendment is to ensure the regulations governing AMs in the 
Caribbean EEZ are consistent with their authorizing FMPs.

DATES: Written comments must be received on or before April 4, 2016.

ADDRESSES: You may submit comments on the AM Application Amendment, 
identified by ``NOAA-NMFS-2015-0124'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0124, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Mar[iacute]a del Mar 
L[oacute]pez, Southeast Regional Office, NMFS, 263 13th Avenue South, 
St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the AM Application Amendment, which includes 
an environmental assessment, a Regulatory Flexibility Act 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, or email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or FMP amendment to NMFS 
for review and approval, partial approval, or disapproval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the plan or amendment is available for review and 
comment.
    The FMPs being revised by the AM Application Amendment were 
prepared by the Council and implemented through regulations at 50 CFR 
part 622 under the authority of the Magnuson-Stevens Act.

[[Page 5979]]

Background

    The final rule implementing Amendment 2 to the Queen Conch FMP and 
Amendment 5 to the Reef Fish FMP (2010 Caribbean ACL Amendment) 
established annual catch limits (ACLs) and AMs for species and species 
groups that at the time were classified as undergoing overfishing 
(i.e., parrotfish, snapper, grouper, and 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, established ACLs 
and AMs for the remaining Council-managed species and species groups 
which were not undergoing overfishing at the time or for which the 
overfishing status was unknown (e.g., grunts, squirrelfish, jacks) (76 
FR 82414, December 30, 2011). As described at Sec.  622.12(a) for reef 
fish, spiny lobster, and corals and Sec.  622.491(b) for queen conch, 
the current AMs 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. The extent to which fishing seasons are shortened 
equates to the number of days necessary to remove the overage in pounds 
and to therefore constrain landings to the ACL. Pursuant to the 
regulations at Sec. Sec.  622.12(a) and 622.491(b), any such AM-based 
closures remain in effect only during the particular fishing year in 
which they are implemented. However, the AM closure language in the 
four authorizing FMPs states that any AM-based closure will remain in 
effect until modified by the Council, thereby carrying these AM-based 
closures over from year to year unless or until the closures are 
revised by subsequent Council action.
    This inconsistent language between the FMPs and the implementing 
regulations may create confusion to fishers and the public about 
whether an AM-based closure for a specific species/species group will 
continue in subsequent years if an AM is triggered. The AM Application 
Amendment would correct the inconsistency between the authorizing FMPs 
and the regulatory language at Sec. Sec.  622.12(a) and 622.491(b) by 
revising the text within the four FMPs describing how AMs are applied 
to be consistent with the language in the regulations. Specifically, 
the phrase in the four authorizing FMPs that states ``The needed 
changes will remain in effect until modified by the Council,'' which 
describes the duration of AMs, would be removed from the four FMPs. The 
result of this proposed change would be that under both the authorizing 
FMPs and AM-based closure regulatory language, an AM closure would only 
apply for the fishing year in which it was implemented. This approach 
is consistent with the intent of the Council and implementing 
regulations used by NMFS to apply AMs in the Caribbean EEZ. The current 
process used by NMFS and the Council to apply AMs in the Caribbean EEZ 
would not change as a result of this proposed amendment, thus this 
action would have no additional direct or indirect economic, social, or 
biological/ecological effects.
    A proposed rule that would implement the measures outlined in the 
AM Application Amendment has been drafted. In accordance with the 
Magnuson-Stevens Act, NMFS is evaluating the AM Application Amendment 
and the proposed rule to determine whether it is consistent with the 
FMPs, the Magnuson-Stevens Act, and other applicable law. If that 
determination is affirmative, NMFS will publish the proposed rule in 
the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted the AM Application Amendment for 
Secretarial review, approval, and implementation. Comments received by 
April 4, 2016, will be considered by NMFS in its decision to approve, 
disapprove, or partially approve the AM Application Amendment. Comments 
received after that date will not be considered by NMFS in this 
decision. All relevant comments received by NMFS on the amendment or 
the proposed rule during their respective comment periods will be 
addressed in the final rule.

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

    Dated: January 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-02092 Filed 2-3-16; 8:45 am]
BILLING CODE 3510-22-P

5978 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules publically available online via ECFS.31 (e) Access to closed captioning DATES: Written comments must be These documents will also be available display settings. Apparatus subject to received on or before April 4, 2016. for public inspection during regular this section must ensure that consumers ADDRESSES: You may submit comments business hours in the FCC Reference are able to readily access user display on the AM Application Amendment, Information Center, which is located in settings for closed captioning, if identified by ‘‘NOAA–NMFS–2015– Room CY–A257 at FCC Headquarters, technically feasible, except that 0124’’ by any of the following methods: 445 12th Street SW., Washington, DC apparatus that use a picture screen of • Electronic Submission: Submit all 20554. The Reference Information less than 13 inches in size must comply electronic public comments via the Center is open to the public Monday with this requirement only if doing so Federal e-Rulemaking Portal. Go to through Thursday from 8:00 a.m. to 4:30 is achievable as defined in this section. www.regulations.gov/ p.m. and Friday from 8:00 a.m. to 11:30 [FR Doc. 2016–00930 Filed 2–3–16; 8:45 am] #!docketDetail;D=NOAA-NMFS-2015- a.m. BILLING CODE 6712–01–P 0124, click the ‘‘Comment Now!’’ icon, IV. Ordering Clauses complete the required fields, and enter or attach your comments. 43. Accordingly, it is ordered that, • Mail: Submit written comments to pursuant to the Twenty-First Century DEPARTMENT OF COMMERCE Marı́a del Mar López, Southeast Communications and Video National Oceanic and Atmospheric Regional Office, NMFS, 263 13th Accessibility Act of 2010, Public Law Administration Avenue South, St. Petersburg, FL 33701. 111–260, 124 Stat. 2751, and the Instructions: Comments sent by any authority found in Sections 4(i), 4(j), 50 CFR Part 622 other method, to any other address or 303(r), 303(u), 303(aa), 303(bb), and individual, or received after the end of 716(g) of the Communications Act of RIN 0648–BF18 the comment period, may not be 1934, as amended, 47 U.S.C. 154(i), considered by NMFS. All comments 154(j), 303(r), 303(u), 303(aa), 303(bb), Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; received are a part of the public record and 617(g), this Second Further Notice and will generally be posted for public of Proposed Rulemaking is adopted. Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and viewing on www.regulations.gov 44. It is further ordered that the without change. All personal identifying Commission’s Consumer and Reef Associated Plants and Invertebrates Fishery Management information (e.g., name, address, etc.), Governmental Affairs Bureau, Reference confidential business information, or Information Center, shall send a copy of Plans of Puerto Rico and the U.S. Virgin Islands otherwise sensitive information this Second Further Notice of Proposed submitted voluntarily by the sender will Rulemaking in MB Docket No. 12–108, AGENCY: National Marine Fisheries be publicly accessible. NMFS will including the Initial Regulatory Service (NMFS), National Oceanic and accept anonymous comments (enter ‘‘N/ Flexibility Analysis, to the Chief Atmospheric Administration (NOAA), A’’ in the required fields if you wish to Counsel for Advocacy of the Small Commerce. remain anonymous). Business Administration. ACTION: Notice of availability; request Electronic copies of the AM List of Subject in 47 CFR 79 for comments. Application Amendment, which Cable television operators, includes an environmental assessment, SUMMARY: The Caribbean Fishery a Regulatory Flexibility Act analysis, Communications equipment, Management Council (Council) has Multichannel video programming and a regulatory impact review may be submitted Amendment 7 to the Fishery obtained from the Southeast Regional distributors (MVPDs), Satellite Management Plan (FMP) for the Reef television service providers. Office Web site at http:// Fish Fishery of Puerto Rico and the U.S. sero.nmfs.noaa.gov/sustainable_ Federal Communications Commission. Virgin Islands (USVI) (Reef Fish FMP), fisheries/caribbean/index.html. Marlene H. Dortch, Amendment 6 to the FMP for the Spiny FOR FURTHER INFORMATION CONTACT: Secretary. Office of the Secretary. Lobster Fishery of Puerto Rico and the USVI (Spiny Lobster FMP), Amendment Marı́a del Mar López, telephone: 727– Proposed Rules 5 to the FMP for the Corals and Reef 824–5305, or email: Maria.Lopez@ Associated Plants and Invertebrates of noaa.gov. For the reasons discussed in the preamble, the Federal Communications Puerto Rico and the USVI (Coral FMP), SUPPLEMENTARY INFORMATION: The Commission proposes to amend 47 CFR and Amendment 4 to the FMP for the Magnuson-Stevens Fishery part 79 as follows: Queen Conch Resources of Puerto Rico Conservation and Management Act and the USVI (Queen Conch FMP) for (Magnuson-Stevens Act) requires each PART 79—ACCESSIBILITY OF VIDEO review, approval, and implementation regional fishery management council to PROGRAMMING by NMFS. In combination, these submit any FMP or FMP amendment to amendments represent the Application NMFS for review and approval, partial ■ 1. The authority for part 79 continues of Accountability Measures (AM) approval, or disapproval. The to read as follows: Amendment (AM Application Magnuson-Stevens Act also requires Authority: 47 U.S.C. 151, 152(a), 154(i), Amendment). The AM Application that NMFS, upon receiving a plan or 303, 307, 309, 310, 330, 544a, 613, and 617. Amendment would resolve an existing amendment, publish an announcement asabaliauskas on DSK5VPTVN1PROD with PROPOSALS ■ 2. Amend § 79.103 by adding inconsistency between language in the in the Federal Register notifying the paragraph (e) to read as follows: four Council FMPs and the regulations public that the plan or amendment is implementing application of AMs in the available for review and comment. § 79.103 Closed caption decoder requirements for apparatus. U.S. Caribbean exclusive economic zone The FMPs being revised by the AM (EEZ). The purpose of the AM Application Amendment were prepared * * * * * Application Amendment is to ensure by the Council and implemented 31 Documents will generally be available the regulations governing AMs in the through regulations at 50 CFR part 622 electronically in ASCII, Microsoft Word, and/or Caribbean EEZ are consistent with their under the authority of the Magnuson- Adobe Acrobat. authorizing FMPs. Stevens Act. VerDate Sep<11>2014 16:55 Feb 03, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1

Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5979 Background four FMPs. The result of this proposed DEPARTMENT OF COMMERCE The final rule implementing change would be that under both the Amendment 2 to the Queen Conch FMP authorizing FMPs and AM-based National Oceanic and Atmospheric and Amendment 5 to the Reef Fish FMP closure regulatory language, an AM Administration (2010 Caribbean ACL Amendment) closure would only apply for the fishing established annual catch limits (ACLs) year in which it was implemented. This 50 CFR Part 622 and AMs for species and species groups approach is consistent with the intent of [Docket No. 151217999–6045–01] that at the time were classified as the Council and implementing RIN 0648–BF66 undergoing overfishing (i.e., parrotfish, regulations used by NMFS to apply AMs snapper, grouper, and queen conch) (76 in the Caribbean EEZ. The current Fisheries of the Caribbean, Gulf of FR 82404, December 30, 2011). The final process used by NMFS and the Council Mexico, and South Atlantic; Dolphin rule implementing Amendment 3 to the to apply AMs in the Caribbean EEZ and Wahoo Resources of the Atlantic; Queen Conch FMP, Amendment 6 to the would not change as a result of this Commercial Dolphin Fishery of the Reef Fish FMP, Amendment 5 to the proposed amendment, thus this action Atlantic; Control Date Spiny Lobster FMP, and Amendment 3 would have no additional direct or to the Coral FMP, established ACLs and AGENCY: National Marine Fisheries indirect economic, social, or biological/ AMs for the remaining Council- Service (NMFS), National Oceanic and ecological effects. managed species and species groups Atmospheric Administration (NOAA), which were not undergoing overfishing A proposed rule that would Commerce. at the time or for which the overfishing implement the measures outlined in the ACTION: Advanced notice of proposed status was unknown (e.g., grunts, AM Application Amendment has been rulemaking; consideration of a control squirrelfish, jacks) (76 FR 82414, drafted. In accordance with the date. December 30, 2011). As described at Magnuson-Stevens Act, NMFS is § 622.12(a) for reef fish, spiny lobster, evaluating the AM Application SUMMARY: This notice announces the and corals and § 622.491(b) for queen Amendment and the proposed rule to establishment of a control date of June conch, the current AMs in the Caribbean determine whether it is consistent with 30, 2015, that the South Atlantic Fishery EEZ require NMFS to shorten the length the FMPs, the Magnuson-Stevens Act, Management Council (Council) may use of the fishing season for a species/ and other applicable law. If that if it decides to create restrictions species group in the year following a determination is affirmative, NMFS will limiting participation in the dolphin determination that the applicable 3-year publish the proposed rule in the Federal commercial sector of the dolphin and landings average exceeded the wahoo fishery in the Atlantic exclusive Register for public review and respective ACL. The extent to which economic zone. Anyone entering the comment. fishing seasons are shortened equates to sector after the control date will not be the number of days necessary to remove Consideration of Public Comments assured of future access should a the overage in pounds and to therefore management regime that limits The Council has submitted the AM participation in the sector be prepared constrain landings to the ACL. Pursuant Application Amendment for Secretarial and implemented. This announcement to the regulations at §§ 622.12(a) and 622.491(b), any such AM-based closures review, approval, and implementation. is intended, in part, to promote remain in effect only during the Comments received by April 4, 2016, awareness of the potential eligibility particular fishing year in which they are will be considered by NMFS in its criteria for future access so as to implemented. However, the AM closure decision to approve, disapprove, or discourage speculative entry into the language in the four authorizing FMPs partially approve the AM Application Atlantic dolphin commercial sector states that any AM-based closure will Amendment. Comments received after while the Council and NMFS consider remain in effect until modified by the that date will not be considered by whether and how access to the sector Council, thereby carrying these AM- NMFS in this decision. All relevant should be controlled. NMFS invites based closures over from year to year comments received by NMFS on the comments on the establishment of this unless or until the closures are revised amendment or the proposed rule during control date. by subsequent Council action. their respective comment periods will DATES: Written comments must be This inconsistent language between be addressed in the final rule. received by March 7, 2016. the FMPs and the implementing ADDRESSES: You may submit comments Authority: 16 U.S.C. 1801 et seq. regulations may create confusion to identified by ‘‘NOAA–NMFS–2016– fishers and the public about whether an Dated: January 29, 2016. 0001’’ by either of the following AM-based closure for a specific species/ Emily H. Menashes, methods: species group will continue in Acting Director, Office of Sustainable • Electronic Submission: Submit all subsequent years if an AM is triggered. Fisheries, National Marine Fisheries Service. electronic public comments via the The AM Application Amendment [FR Doc. 2016–02092 Filed 2–3–16; 8:45 am] Federal e-Rulemaking Portal. Go to would correct the inconsistency BILLING CODE 3510–22–P www.regulations.gov/ between the authorizing FMPs and the #!docketDetail;D=NOAA-NMFS-2016- regulatory language at §§ 622.12(a) and 0001, click the ‘‘Comment Now!’’ icon, asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 622.491(b) by revising the text within complete the required fields, and enter the four FMPs describing how AMs are or attach your comments. applied to be consistent with the • Mail: Submit written comments to language in the regulations. Specifically, Mary Janine Vara, NMFS Southeast the phrase in the four authorizing FMPs Regional Office, 263 13th Avenue that states ‘‘The needed changes will South, St. Petersburg, FL 33701. remain in effect until modified by the Instructions: Comments sent by any Council,’’ which describes the duration other method, to any other address or of AMs, would be removed from the individual, or received after the end of VerDate Sep<11>2014 16:55 Feb 03, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1


Document Created: 2016-02-04 00:31:13
Document Modified: 2016-02-04 00:31:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability; request for comments.
DatesWritten comments must be received on or before April 4, 2016.
ContactMar[iacute]a del Mar L[oacute]pez, telephone: 727-824-5305, or email: [email protected]
FR Citation81 FR 5978 
RIN Number0648-BF18
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