81_FR_9838 81 FR 9800 - 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 9800 - 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 38 (February 26, 2016)

Page Range9800-9803
FR Document2016-04094

NMFS proposes 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). If implemented, the AM Application Amendment would resolve 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 proposed rule would clarify 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 38 (Friday, February 26, 2016)
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Proposed Rules]
[Pages 9800-9803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04094]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150623546-6098-01]
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: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes 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). If implemented, the AM 
Application Amendment would resolve 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 proposed rule would clarify 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: Written comments must be received on or before March 28, 2016.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2015-0124'' by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. 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 (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).

Background

    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,

[[Page 9801]]

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) (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 equates to the number of days necessary to remove the 
overage in pounds and to therefore constrain landings to the ACL. 
Pursuant to 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 closures over from year to year, unless or until the 
closures are revised by subsequent Council action.
    The AM Application Amendment would correct this inconsistency, 
between the authorizing FMPs and the regulatory language at Sec. Sec.  
622.12(a) and 622.491(b), by revising the applicable text within the 
four FMPs 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, any AM-based 
closure would only apply for the fishing year in which it was 
implemented. This approach is consistent with the intent of the Council 
and the regulations used by NMFS to apply AMs in the Caribbean EEZ. As 
this proposed change would only revise the language in the respective 
FMPs, no changes to the codified text would result from the AM 
Application Amendment.

Additional Proposed Changes to Codified Text Not Part of the AM 
Application Amendment

    This proposed rule would also revise items in the codified text 
that are not part of the AM Application Amendment. Specifically, NMFS 
proposes to clarify 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 
proposes to clarify 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 ACL Caribbean Amendment and to 
clarify 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 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 rule, NMFS 
proposes to clarify 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. No recreational ACL is specified for spiny lobster in Puerto 
Rico. 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 AM 
trigger for 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 
would not change through this proposed 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.
    If an AM is triggered by an ACL being exceeded based on the 3-year 
landings average, and NMFS determines that the exceedance was not due 
to enhanced data collection and monitoring efforts, NMFS files a 
notification with the Office of the Federal Register to reduce the 
length of the following fishing season for the applicable species or 
species groups that year by the amount necessary, to ensure landings do 
not again exceed the applicable ACL. The current regulations do not 
specifically state what restrictions on fishing occur during such a 
closure.
    NMFS proposes to add Sec.  622.12(b) to the regulatory text to 
specify 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 would 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) would be 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 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

[[Page 9802]]

areas, and species or species groups with Caribbean-wide ACLs, Sec.  
622.12(b)(2) would be 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) would be added to clarify that, if the AM is 
triggered due to a 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 proposed rule, NMFS would revise 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 proposes to change the ``and'' to ``or'' 
in the first sentence and to remove 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.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries has determined that this proposed 
rule is consistent with the U.S. Caribbean FMPs, the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment. This proposed rule has been determined to be not 
significant for purposes of Executive Order 12866. The Chief Counsel 
for Regulation of the Department of Commerce certified to the Chief 
Counsel for Advocacy of the Small Business Administration (SBA) that 
this proposed rule, if implemented, would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this determination is as follows:
    The purpose of this proposed rule is to revise the language within 
U.S. Caribbean FMPs to make it consistent with current regulations 
concerning the application of AMs. Because it would produce no 
regulatory changes, the action would have no economic impact on the 
estimated 1,037 to 1,185 small businesses in the finfish (NAICS code 
114111) and shellfish (NAICS code 114112) fishing industries of the 
U.S. Caribbean.
    The rule would also include regulatory text to clarify the closure 
provisions for AMs, how the spiny lobster ACL is applied in the Puerto 
Rico management area, and the minimum size requirements for queen 
conch, all unrelated to the amendment. Because those clarifications 
would not affect current fishing practices, or change the manner in 
which fisheries in the Caribbean EEZ are regulated, they would not have 
an economic impact on the above-mentioned small businesses.
    Because this proposed rule, if implemented, would not have a 
significant direct adverse economic effect on a substantial number of 
small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Accountability measures, Caribbean, Fisheries, Fishing, Queen 
conch.

    Dated: February 22, 2016.
Samuel D. Rauch III,
Deputy Assistant for Regulatory Programs, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be 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) to 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) 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) 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

[[Page 9803]]

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. 2016-04094 Filed 2-25-16; 8:45 am]
 BILLING CODE 3510-22-P



                                               9800                     Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules

                                               prohibit several particularly effective                 DEPARTMENT OF COMMERCE                                ‘‘NOAA–NMFS–2015–0124’’ by any of
                                               methods and means for take of                                                                                 the following methods:
                                               predators; and to update our public                     National Oceanic and Atmospheric                         • Electronic Submissions: Submit all
                                               participation and closure procedures.                   Administration                                        electronic public comments via the
                                               The proposed rule would not change                                                                            Federal e-Rulemaking Portal: http://
                                               Federal subsistence regulations or                      50 CFR Part 622                                       www.regulations.gov. Go to
                                               restrict the taking of fish or wildlife for                                                                   www.regulations.gov/
                                                                                                       [Docket No. 150623546–6098–01]                        #!docketDetail;D=NOAA-NMFS-2015-
                                               subsistence uses under Federal
                                               subsistence regulations.                                                                                      0124, click the ‘‘Comment Now!’’ icon,
                                                                                                       RIN 0648–BF18
                                                                                                                                                             complete the required fields, and enter
                                                  We received multiple requests from                                                                         or attach your comments.
                                                                                                       Fisheries of the Caribbean, Gulf of
                                               several entities, including the Alaska
                                                                                                       Mexico, and South Atlantic;                              • Mail: Submit written comments to
                                               Congressional Delegation and the                                                                              Marı́a del Mar López, Southeast
                                                                                                       Amendments to the Reef Fish, Spiny
                                               Governor of Alaska, to extend the                                                                             Regional Office, NMFS, 263 13th
                                                                                                       Lobster, Queen Conch, and Corals and
                                               comment period on the proposed rule.                                                                          Avenue South, St. Petersburg, FL 33701.
                                                                                                       Reef Associated Plants and
                                               In order to provide all interested parties              Invertebrates Fishery Management                         Instructions: Comments sent by any
                                               an additional opportunity to review and                 Plans of Puerto Rico and the U.S.                     other method, to any other address or
                                               comment on our proposed rule, we are                    Virgin Islands                                        individual, or received after the end of
                                               extending the comment period on the                                                                           the comment period, may not be
                                               proposed rule for an additional 30 days,                AGENCY:  National Marine Fisheries                    considered by NMFS. All comments
                                               until April 7, 2016.                                    Service (NMFS), National Oceanic and                  received are a part of the public record
                                                                                                       Atmospheric Administration (NOAA),                    and will generally be posted for public
                                                  If you previously submitted
                                                                                                       Commerce.                                             viewing on www.regulations.gov
                                               comments or information on the
                                                                                                       ACTION: Proposed rule; request for                    without change. All personal identifying
                                               proposed rule, please do not resubmit                                                                         information (e.g., name, address, etc.),
                                               them. We have incorporated them into                    comments.
                                                                                                                                                             confidential business information, or
                                               the public record, and we will fully                    SUMMARY:   NMFS proposes to implement                 otherwise sensitive information
                                               consider them in our final rulemaking.                  measures described in Amendment 7 to                  submitted voluntarily by the sender will
                                               Our final determination concerning the                  the Fishery Management Plan (FMP) for                 be publicly accessible. NMFS will
                                               proposed rulemaking will take into                      the Reef Fish Fishery of Puerto Rico and              accept anonymous comments (enter ‘‘N/
                                               consideration all written comments and                  the U.S. Virgin Islands (USVI) (Reef Fish             A’’ in the required fields if you wish to
                                               any additional information we receive.                  FMP), Amendment 6 to the FMP for the                  remain anonymous).
                                                  You may submit your comments and                     Spiny Lobster Fishery of Puerto Rico                     Electronic copies of the AM
                                               any associated materials concerning the                 and the USVI (Spiny Lobster FMP),                     Application Amendment, which
                                               proposed rule by one of the methods                     Amendment 5 to the FMP for Corals and                 includes an environmental assessment,
                                               listed in ADDRESSES. We request that                    Reef Associated Plants and Invertebrates              a Regulatory Flexibility Act (RFA)
                                               you send comments only by the                           of Puerto Rico and the USVI (Coral                    analysis, and a regulatory impact review
                                               methods described in ADDRESSES.                         FMP), and Amendment 4 to the FMP for                  may be obtained from the Southeast
                                                                                                       the Queen Conch Resources of Puerto                   Regional Office Web site at http://
                                                  If you submit information via http://                Rico and the USVI (Queen Conch FMP),                  sero.nmfs.noaa.gov/sustainable_
                                               www.regulations.gov, your entire                        as prepared by the Caribbean Fishery                  fisheries/caribbean/index.html.
                                               submission—including any personal                       Management Council (Council). In                      FOR FURTHER INFORMATION CONTACT:
                                               identifying information—will be posted                  combination, these amendments                         Marı́a del Mar López, telephone: 727–
                                               on the Web site. If your submission is                  represent the Application of                          824–5305; email: maria.lopez@
                                               made via a hardcopy that includes                       Accountability Measures (AM)                          noaa.gov.
                                               personal identifying information, you                   Amendment (AM Application
                                                                                                                                                             SUPPLEMENTARY INFORMATION:     In the
                                               may request at the top of your document                 Amendment). If implemented, the AM
                                                                                                                                                             Caribbean EEZ, the reef fish, spiny
                                               that we withhold this information from                  Application Amendment would resolve
                                                                                                                                                             lobster, queen conch, and corals and
                                               public review. However, we cannot                       an existing inconsistency between
                                                                                                                                                             reef associated plants and invertebrates
                                               guarantee that we will be able to do so.                language in the FMPs and the
                                                                                                                                                             fisheries are managed under their
                                               We will post all hardcopy submissions                   regulations implementing the
                                                                                                                                                             respective FMPs. The FMPs were
                                               on http://www.regulations.gov.                          application of AMs in the U.S.
                                                                                                                                                             prepared by the Council and are
                                                                                                       Caribbean exclusive economic zone
                                               Authority                                                                                                     implemented through regulations at 50
                                                                                                       (EEZ). The purpose of the AM
                                                                                                                                                             CFR part 622 under the authority of the
                                                                                                       Application Amendment is to ensure
                                                 The authority for this action is 5                                                                          Magnuson-Stevens Fishery
                                                                                                       the authorizing FMPs are consistent
                                               U.S.C. 301; 16 U.S.C. 460k et seq., 664,                                                                      Conservation and Management Act
                                                                                                       with the regulations governing AMs in
                                               668dd–668ee, 715i, and 3101 et seq.                                                                           (Magnuson-Stevens Act).
                                                                                                       the Caribbean EEZ. Additionally, this
                                                 Dated: February 19, 2016.                             proposed rule would clarify the AM                    Background
                                               Michael J. Bean,                                        closure provisions, the application of                  The final rule implementing
                                                                                                       the spiny lobster ACL in the Puerto Rico
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               Deputy Assistant Secretary, Fish and Wildlife                                                                 Amendment 2 to the Queen Conch FMP
                                               and Parks.                                              management area of the Caribbean EEZ,                 and Amendment 5 to the Reef Fish FMP
                                               [FR Doc. 2016–04133 Filed 2–25–16; 8:45 am]
                                                                                                       and the minimum size limit for queen                  (2010 Caribbean Annual Catch Limit
                                                                                                       conch in the Caribbean EEZ.                           (ACL) Amendment) established ACLs
                                               BILLING CODE 4333–15–P
                                                                                                       DATES: Written comments must be                       and AMs for species/species groups that
                                                                                                       received on or before March 28, 2016.                 were at the time experiencing
                                                                                                       ADDRESSES: You may submit comments                    overfishing (i.e., parrotfish, snapper,
                                                                                                       on the proposed rule identified by                    grouper, queen conch) (76 FR 82404,


                                          VerDate Sep<11>2014   13:20 Feb 25, 2016   Jkt 238001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1


                                                                       Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules                                 9801

                                               December 30, 2011). The final rule                      result from the AM Application               value would not change through this
                                               implementing Amendment 3 to the                         Amendment.                                   proposed rule.
                                               Queen Conch FMP, Amendment 6 to the                                                                     The ACLs for species/species groups
                                                                                                       Additional Proposed Changes to               in the St. Croix and St. Thomas/St. John
                                               Reef Fish FMP, Amendment 5 to the
                                                                                                       Codified Text Not Part of the AM             management areas are not allocated
                                               Spiny Lobster FMP, and Amendment 3                      Application Amendment
                                               to the Coral FMP (2011 Caribbean ACL                                                                 between sectors, and if AMs are
                                               Amendment) established ACLs and                            This proposed rule would also revise      triggered they are applied to both the
                                               AMs for the remaining Council-                          items in the codified text that are not      commercial and recreational sector.
                                               managed species/species groups which                    part of the AM Application                      If an AM is triggered by an ACL being
                                               were not undergoing overfishing at the                  Amendment. Specifically, NMFS                exceeded based on the 3-year landings
                                               time or for which the overfishing status                proposes to clarify the closure              average, and NMFS determines that the
                                               was unknown (e.g., grunts, squirrelfish,                provisions when an ACL has been              exceedance was not due to enhanced
                                               jacks) (76 FR 82414, December 30,                       exceeded and an AM is implemented,           data collection and monitoring efforts,
                                               2011). As described at § 622.12(a) for                  based on the Council’s intent as             NMFS files a notification with the
                                               reef fish, spiny lobster, and corals and                expressed in the 2010 and 2011               Office of the Federal Register to reduce
                                               at § 622.491(b) for queen conch , the                   Caribbean ACL Amendments (76 FR              the length of the following fishing
                                               current AM regulations in the Caribbean                 82404, December 30, 2011 and 76 FR           season for the applicable species or
                                               EEZ require NMFS to shorten the length                  82414, December 30, 2011). NMFS also         species groups that year by the amount
                                               of the fishing season for a species/                    proposes to clarify the application of the necessary, to ensure landings do not
                                               species group in the year following a                   spiny lobster ACL for the Puerto Rico        again exceed the applicable ACL. The
                                               determination that the applicable 3-year                management area of the EEZ to be             current regulations do not specifically
                                               landings average exceeded the                           consistent with the Council’s intent         state what restrictions on fishing occur
                                               respective ACL, unless NMFS                             expressed in the 2011 ACL Caribbean          during such a closure.
                                               determines that the exceedance is due to                Amendment and to clarify minimum                NMFS proposes to add § 622.12(b) to
                                                                                                       size requirements for queen conch.           the regulatory text to specify that, if
                                               enhanced data collection and
                                                                                                          The 2010 and 2011 Caribbean ACL           AMs are triggered as a result of an ACL
                                               monitoring efforts. The extent to which
                                                                                                       Amendments established AMs and               overage and NMFS reduces the length of
                                               fishing seasons are shortened equates to
                                                                                                       ACLs and allocated those ACLs among          the fishing season for a species or
                                               the number of days necessary to remove
                                                                                                       three Caribbean island management            species group, certain closure
                                               the overage in pounds and to therefore
                                                                                                       areas, i.e., the Puerto Rico, St. Croix, and provisions would apply to species with
                                               constrain landings to the ACL. Pursuant
                                                                                                       St. Thomas/St. John management areas         Caribbean-wide ACLs, Caribbean reef
                                               to regulations at §§ 622.12(a) and                      of the EEZ, as specified in Appendix E       fish species, and Caribbean spiny
                                               622.491(b), any such AM-based closures                  to part 622, except for the ACLs for         lobster.
                                               remain in effect only during the                        tilefish and aquarium trade species,            For Caribbean reef fish species in the
                                               particular fishing year in which they are               which are for the Caribbean EEZ as a         Puerto Rico management area,
                                               implemented. However, the AM closure                    whole. The ACLs for species/species          § 622.12(b)(1)(i) through (iii) would be
                                               language in the four authorizing FMPs                   groups in the Puerto Rico management         added to specify what restrictions apply
                                               states that any AM-based closure ‘‘will                 area, except for spiny lobster, are further during a commercial closure,
                                               remain in effect until modified by the                  allocated between the commercial and         recreational closure, or a closure of both
                                               Council,’’ thereby carrying these                       recreational sectors, and AMs apply to       sectors. In the event that the commercial
                                               closures over from year to year, unless                 each of these sectors separately.            fishing season is reduced for a species
                                               or until the closures are revised by                    Through this rule, NMFS proposes to          or species group due to a Puerto Rico
                                               subsequent Council action.                              clarify that the spiny lobster ACL for the commercial ACL overage, all harvest or
                                                  The AM Application Amendment                         Puerto Rico management area is applied possession of the indicated species or
                                               would correct this inconsistency,                       as a single ACL for both the commercial species group in or from the Puerto Rico
                                               between the authorizing FMPs and the                    and recreational sectors, consistent with management area would be limited to
                                               regulatory language at §§ 622.12(a) and                 the intent of the Council in the 2011        the bag and possession limits specified
                                               622.491(b), by revising the applicable                  Caribbean ACL Amendment (76 FR               in § 622.437, and the sale or purchase of
                                               text within the four FMPs to be                         82414, December 30, 2011). The current the indicated species or species group in
                                               consistent with the language in the                     regulations, as described in                 or from the Puerto Rico management
                                               regulations. Specifically, the phrase in                § 622.12(a)(1)(i)(R), specify only a         area would be prohibited during the
                                               the four authorizing FMPs that states                   commercial ACL for spiny lobster in the closure. If the recreational fishing
                                               ‘‘The needed changes will remain in                     Puerto Rico management area. No              season is reduced for a species or
                                               effect until modified by the Council,’’                 recreational ACL is specified for spiny      species group due to a Puerto Rico
                                               which describes the duration of AMs,                    lobster in Puerto Rico. The intent of the    recreational ACL overage, the bag and
                                               would be removed from the four FMPs.                    Council in the 2011 Caribbean ACL            possession limits for the indicated
                                               The result of this proposed change                      Amendment was to manage the spiny            species or species group would be zero
                                               would be that under both the                            lobster commercial and recreational          during the closure. If both the
                                               authorizing FMPs and AM-based                           sectors for the Puerto Rico management       commercial and recreational sectors for
                                               closure regulatory language, any AM-                    area under the same ACL, derived from        a species or species group in the Puerto
                                               based closure would only apply for the                  commercial landings. The Council             Rico management area are closed, such
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               fishing year in which it was                            intended that this single ACL would be       species or species groups may not be
                                               implemented. This approach is                           the AM trigger for both sectors for spiny harvested, possessed, purchased, or sold
                                               consistent with the intent of the Council               lobster in the Puerto Rico management        and the bag and possession limits for
                                               and the regulations used by NMFS to                     area. NMFS proposes to add paragraph         such species or species groups would be
                                               apply AMs in the Caribbean EEZ. As                      § 622.12(a)(1)(iii) to the regulatory text   zero.
                                               this proposed change would only revise                  to specify that the spiny lobster ACL           For Caribbean reef fish species and
                                               the language in the respective FMPs, no                 applies to both sectors in the Puerto        spiny lobster in the St. Croix and St.
                                               changes to the codified text would                      Rico management area. The actual ACL         Thomas/St. John island management


                                          VerDate Sep<11>2014   13:20 Feb 25, 2016   Jkt 238001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1


                                               9802                    Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules

                                               areas, and species or species groups                    Executive Order 12866. The Chief                      § 622.12 Annual catch limits (ACLs) and
                                               with Caribbean-wide ACLs,                               Counsel for Regulation of the                         accountability measures (AMs) for
                                               § 622.12(b)(2) would be added to specify                Department of Commerce certified to                   Caribbean island management areas/
                                                                                                                                                             Caribbean EEZ.
                                               that, if AMs are triggered as a result of               the Chief Counsel for Advocacy of the
                                               an ACL overage and the fishing season                   Small Business Administration (SBA)                   *       *     *     *    *
                                               is reduced for a species or species                     that this proposed rule, if implemented,                 (a) * * *
                                               group, such species or species groups in                                                                         (1) * * *
                                                                                                       would not have a significant economic
                                               or from the applicable management area                                                                           (iii) Spiny lobster. The following ACL
                                                                                                       impact on a substantial number of small               applies to landings of spiny lobster
                                               of the Caribbean EEZ may not be                         entities. The factual basis for this
                                               harvested, possessed, purchased, or                                                                           throughout the Puerto Rico management
                                                                                                       determination is as follows:                          area—327,920 lb (148,742 kg).
                                               sold, and the bag and possession limits
                                                                                                          The purpose of this proposed rule is               *       *     *     *    *
                                               for such species in or from the
                                                                                                       to revise the language within U.S.                       (b) Closure provisions—(1)
                                               applicable management area of the
                                               Caribbean EEZ would be zero.                            Caribbean FMPs to make it consistent                  Restrictions applicable after a Puerto
                                                  For Caribbean spiny lobster in the                   with current regulations concerning the               Rico closure. (i) Restrictions applicable
                                               Puerto Rico management area,                            application of AMs. Because it would                  after a Puerto Rico commercial closure,
                                               § 622.12(b)(1)(iv) would be added to                    produce no regulatory changes, the                    except for spiny lobster. During the
                                               clarify that, if the AM is triggered due                action would have no economic impact                  closure period announced in the
                                               to a spiny lobster ACL overage, the                     on the estimated 1,037 to 1,185 small                 notification filed pursuant to paragraph
                                               commercial and recreational fishing                     businesses in the finfish (NAICS code                 (a)(1)(i) of this section, the commercial
                                               seasons are reduced. During such a                      114111) and shellfish (NAICS code                     sector for species or species groups
                                               closure, spiny lobster in or from the                   114112) fishing industries of the U.S.                included in the notification is closed
                                               Puerto Rico management area may not                     Caribbean.                                            and such species or species groups in or
                                               be harvested, possessed, purchased, or                     The rule would also include                        from the Puerto Rico management area
                                               sold, and the bag and possession limits                 regulatory text to clarify the closure                may not be purchased or sold. Harvest
                                               for spiny lobster in or from the Puerto                 provisions for AMs, how the spiny                     or possession of such species or species
                                               Rico management area would be zero.                     lobster ACL is applied in the Puerto                  groups in or from the Puerto Rico
                                                  Additionally, through this proposed                  Rico management area, and the                         management area is limited to the
                                               rule, NMFS would revise § 622.492(a) to                 minimum size requirements for queen                   recreational bag and possession limits
                                               clarify the minimum size limit for a                                                                          unless the recreational sector for the
                                                                                                       conch, all unrelated to the amendment.
                                               Caribbean queen conch. Currently,                                                                             species or species group is closed and
                                                                                                       Because those clarifications would not
                                               § 622.492(a) states that the minimum                                                                          the restrictions specified in paragraph
                                                                                                       affect current fishing practices, or
                                               size limit is ‘‘9 inches (22.9 cm) in                                                                         (b)(1)(iii) apply.
                                                                                                       change the manner in which fisheries in                  (ii) Restrictions applicable after a
                                               length, that is, from the tip of the spire              the Caribbean EEZ are regulated, they
                                               to the distal end of the shell, and 3⁄8                                                                       Puerto Rico recreational closure, except
                                                                                                       would not have an economic impact on                  for spiny lobster. During the closure
                                               inch (9.5 cm) in lip width at its widest                the above-mentioned small businesses.
                                               point.’’ However, this provision goes on                                                                      period announced in the notification
                                               to state that ‘‘A queen conch with a                       Because this proposed rule, if                     filed pursuant to paragraph (a)(1)(ii) of
                                               length of at least 9 inches (22.9 cm) or                implemented, would not have a                         this section, the recreational sector for
                                               a lip width of at least 3⁄8 inch (9.5 mm)               significant direct adverse economic                   species or species groups included in
                                               is not undersized.’’ The use of ‘‘and’’ in              effect on a substantial number of small               the notification is closed and the
                                               the first sentence and ‘‘or’’ in the second             entities, an initial regulatory flexibility           recreational bag and possession limits
                                               sentence of this provision has caused                   analysis is not required and none has                 for such species or species groups in or
                                               confusion among the public about                        been prepared.                                        from the Puerto Rico management area
                                               whether both of these measurements are                                                                        are zero. If the seasons for both the
                                                                                                       List of Subjects in 50 CFR Part 622                   commercial and recreational sectors for
                                               required to meet the minimum size limit
                                               for queen conch. Therefore, NMFS                          Accountability measures, Caribbean,                 such species or species groups are
                                               proposes to change the ‘‘and’’ to ‘‘or’’ in             Fisheries, Fishing, Queen conch.                      closed, the restrictions specified in
                                               the first sentence and to remove the                                                                          paragraph (b)(1)(iii) apply.
                                               second sentence in paragraph (a) of                       Dated: February 22, 2016.                              (iii) Restrictions applicable when both
                                               § 622.492. The purpose of this change is                Samuel D. Rauch III,                                  Puerto Rico commercial and Puerto Rico
                                               to clarify that only one of the                         Deputy Assistant for Regulatory Programs,             recreational sectors are closed, except
                                               measurement descriptions must be met                    National Marine Fisheries Service.                    for spiny lobster. If the seasons for both
                                               to fulfill the minimum size limit for                                                                         the commercial and recreational sectors
                                               Caribbean queen conch, consistent with                    For the reasons set out in the                      for a species or species group are closed,
                                               the original intent of the Council in the               preamble, 50 CFR part 622 is proposed                 such species or species groups in or
                                               Queen Conch FMP.                                        to be amended as follows:                             from the Puerto Rico management area
                                                                                                                                                             may not be harvested, possessed,
                                               Classification                                          PART 622—FISHERIES OF THE                             purchased, or sold, and the bag and
                                                 Pursuant to section 304(b)(1)(A) of the               CARIBBEAN, GULF OF MEXICO, AND                        possession limits for such species or
                                               Magnuson-Stevens Act, the Assistant                     SOUTH ATLANTIC                                        species groups in or from the Puerto
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               Administrator for Fisheries has                                                                               Rico management area are zero.
                                               determined that this proposed rule is                   ■ 1. The authority citation for part 622                 (iv) Restrictions applicable after a
                                               consistent with the U.S. Caribbean                      continues to read as follows:                         spiny lobster closure in Puerto Rico.
                                               FMPs, the Magnuson-Stevens Act, and                         Authority: 16 U.S.C. 1801 et seq.                 During the closure period announced in
                                               other applicable law, subject to further                                                                      the notification filed pursuant to
                                               consideration after public comment.                     ■ 2. In § 622.12, remove paragraph                    paragraph (a)(1)(iii) of this section, both
                                               This proposed rule has been determined                  (a)(1)(i)(R) and add paragraphs (a)(1)(iii)           the commercial and recreational sectors
                                               to be not significant for purposes of                   and (b) to read as follows:                           are closed. Spiny lobster in or from the


                                          VerDate Sep<11>2014   13:20 Feb 25, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1


                                                                       Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules                                                9803

                                               Puerto Rico management area may not                     species or species groups in or from the              § 622.492    Minimum size limit.
                                               be harvested, possessed, purchased, or                  applicable management area of the                       (a) The minimum size limit for
                                               sold, and the bag and possession limits                 Caribbean EEZ may not be harvested,                   Caribbean queen conch is either 9
                                               for spiny lobster in or from the Puerto                 possessed, purchased, or sold, and the                inches (22.9 cm) in length, that is, from
                                               Rico management area are zero.                          bag and possession limits for such
                                                  (2) Restrictions applicable after a St.                                                                    the tip of the spire to the distal end of
                                                                                                       species or species groups in or from the              the shell, or 3⁄8 inch (9.5 mm) in lip
                                               Croix, St. Thomas/St. John, or                          applicable management area of the
                                               Caribbean EEZ closure. During the                                                                             width at its widest point.
                                                                                                       Caribbean EEZ are zero.
                                               closure period announced in the                                                                               *     *      *     *     *
                                               notification filed pursuant to paragraph                ■ 3. In § 622.492, paragraph (a) is                   [FR Doc. 2016–04094 Filed 2–25–16; 8:45 am]
                                               (a)(2), (3), or (4) of this section, such               revised to read as follows:                           BILLING CODE 3510–22–P
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                          VerDate Sep<11>2014   13:20 Feb 25, 2016   Jkt 238001   PO 00000   Frm 00015   Fmt 4702   Sfmt 9990   E:\FR\FM\26FEP1.SGM   26FEP1



Document Created: 2018-02-02 14:37:02
Document Modified: 2018-02-02 14:37:02
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
ActionProposed rule; request for comments.
DatesWritten comments must be received on or before March 28, 2016.
ContactMar[iacute]a del Mar L[oacute]pez, telephone: 727-824-5305; email: [email protected]
FR Citation81 FR 9800 
RIN Number0648-BF18
CFR AssociatedAccountability Measures; Caribbean; Fisheries; Fishing and Queen Conch

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR