82_FR_10351 82 FR 10324 - Amendments to the Reef Fish, Spiny Lobster, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands

82 FR 10324 - Amendments to the Reef Fish, Spiny Lobster, 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 82, Issue 27 (February 10, 2017)

Page Range10324-10327
FR Document2017-02787

NMFS proposes to implement measures described in Amendment 8 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 7 to the FMP for the Spiny Lobster Fishery of Puerto Rico and the USVI (Spiny Lobster FMP), and Amendment 6 to the FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the USVI (Coral FMP), as prepared and submitted by the Caribbean Fishery Management Council (Council). This proposed rule refers to these amendments, in combination, as the Accountability Measure (AM) Timing Amendment. This proposed rule to implement the AM Timing Amendment would modify the date for the implementation of AM-based closures for all species and species groups managed by the Council under the subject FMPs. The purpose of the AM Timing Amendment and this proposed rule is to minimize, to the extent practicable, the adverse socio- economic impacts of AM-based closures, while constraining catch levels to the applicable annual catch limits (ACLs) and preventing overfishing.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Proposed Rules]
[Pages 10324-10327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02787]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160810719-7041-01]
RIN 0648-BG29


Amendments to the Reef Fish, Spiny Lobster, 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.

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SUMMARY: NMFS proposes to implement measures described in Amendment 8 
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 7 to the FMP for the Spiny Lobster Fishery of Puerto Rico and 
the USVI (Spiny Lobster FMP), and Amendment 6 to the FMP for Corals and 
Reef Associated Plants and Invertebrates of Puerto Rico and the USVI 
(Coral FMP), as prepared and submitted by the Caribbean Fishery 
Management Council (Council). This proposed rule refers to these 
amendments, in combination, as the Accountability Measure (AM) Timing 
Amendment. This proposed rule to implement the AM Timing Amendment 
would modify the date for the implementation of AM-based closures for 
all species and species groups managed by the Council under the subject 
FMPs. The purpose of the AM Timing Amendment and this proposed rule is 
to minimize, to the extent practicable, the adverse socio-

[[Page 10325]]

economic impacts of AM-based closures, while constraining catch levels 
to the applicable annual catch limits (ACLs) and preventing 
overfishing.

DATES: Written comments must be received on or before March 13, 2017.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2016-0013'' by either 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-2016-0013, 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 Timing 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 U.S. Caribbean exclusive economic 
zone (EEZ), the reef fish, spiny lobster, and corals and reef 
associated plants and invertebrates (corals) 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) (16 U.S.C. 1801 et seq.).

Background

    The current AMs in the U.S. Caribbean EEZ for reef fish, spiny 
lobster, and corals require NMFS to reduce the length of the Federal 
fishing season in the year following a determination that the landings 
for a species or species group exceeded the applicable ACL. As 
specified in the FMPs, the landings determination is based on the 
applicable 3-year landings average. However, if NMFS determines the ACL 
for a particular species or species group was exceeded because of 
enhanced data collection and monitoring efforts, instead of an increase 
in total catch, NMFS will not reduce the length of the fishing season 
the following fishing year. The fishing year for Council-managed 
species in Caribbean Federal waters is the calendar year of January 1 
through December 31. If an AM-based closure is required, the closure 
period currently extends from December 31 backward into the fishing 
year of the closure (closure year), for the number of days necessary to 
constrain harvest to the applicable ACL. Fishers in the USVI and Puerto 
Rico have stated that implementing AM-based closures at the end of the 
fishing year results in negative socio-economic impacts, for example, 
by resulting in multiple and potentially overlapping closures during 
the important December holiday season. Additionally, fishers in Puerto 
Rico have stated that timing AM-based closures with a September 30 end 
date would be expected to reduce adverse socio-economic impacts.

Management Measure Contained in This Proposed Rule

    This proposed rule would modify the date for implementation of an 
AM-based closure in the event of an ACL overage for a species or 
species group managed by the Council in Puerto Rico, St. Thomas/St. 
John, and St. Croix under the Reef Fish, Coral, and Spiny Lobster FMPs. 
Specifically, an AM-based closure would be implemented from September 
30 of the closure year backward, toward the beginning of the fishing 
year, for the number of days necessary to achieve the reduction in 
landings required to ensure landings do not exceed the applicable ACL. 
If the length of the required fishing season reduction exceeds the 
period of January 1 through September 30, any additional fishing season 
reduction would be applied from October 1 forward, toward the end of 
the fishing year (December 31). Caribbean fishers have indicated that 
this approach to implementing AM-based closures is desirable, because 
it would be expected to reduce the likelihood that these fishers would 
lose market access during periods of high demand for fish. Modifying 
the date for the implementation of AM-based closures through this 
proposed rule would not change the level of harvest reduction if an AM-
based closure were required. This proposed rule to implement the AM 
Timing Amendment is thus expected to minimize adverse socio-economic 
effects from the implementation of AMs, while still helping to ensure 
that AM-based closures constrain harvest to the ACL and prevent 
overfishing. NMFS notes that the method for calculating the landings 
determination using the 3-years landings average for a species or 
species group will not change through this proposed rule.
    The FMP for the Queen Conch Resources of Puerto Rico and the USVI 
is not included in the AM Timing Amendment because queen conch are 
managed with an in-season closure when the ACL is reached or projected 
to be reached, rather than a post-season reduction in the fishing year.

Additional Action Contained in the AM Timing Amendment But Not Codified 
Through This Proposed Rule

    In addition to the measure discussed above, the AM Timing Amendment 
requires that the Council revisit the practice of using September 30 as 
the end date for AM-based closures no longer than 2 years from the 
implementation of the AM Timing Amendment and no longer than every 2 
years thereafter. Any associated formal review would allow NMFS and the 
Council to consider changing the implementation date for AM-based 
closures based on new information, and would be expected to result in 
additional positive social and economic effects.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the FMPs, the AM Timing Amendment, the Magnuson-Stevens 
Act, and other applicable laws, 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

[[Page 10326]]

entities. The factual basis for this determination follows.
    In approving the AM Timing Amendment, the Council determined that 
AM-based closures need to be better timed so that they successfully 
achieve their conservation objective and, to the extent practicable, 
minimize adverse social and economic impacts to fishers and fishing 
communities. The purpose of this proposed rule is to change the end 
date from which AM-based closures are calculated, so that adverse 
social and economic effects are minimized to the extent practicable, 
while still ensuring that harvest does not exceed the applicable ACLs 
required under the Magnuson-Stevens Act and implementing regulations.
    This proposed rule, if implemented, would directly affect all 
entities that commercially harvest federally managed species under the 
Reef Fish, Coral, and Spiny Lobster FMPs in the U.S. Caribbean EEZ. 
This proposed rule would be expected to directly affect approximately 
1,000-1,200 commercial fishermen in Puerto Rico, 200-250 commercial 
fishermen in St. Croix, and 70 commercial fishermen in St. Thomas and 
St. John, resulting in a total of 1,270-1,520 fishermen. The average 
annual revenue from commercial fishing for 2012-2014 is estimated to be 
approximately $7,250-$8,700 for Puerto Rico fishermen, $10,500-$13,100 
for St. Croix fishermen, and $29,600 for St. Thomas and St. John 
fishermen (2014 dollars). Total average annual revenue (2014 dollars) 
for all fishermen for 2012-2014 was approximately $8.7 million for 
Puerto Rico, $2.6 million for St. Croix, and $2.1 million for St. 
Thomas and St. John. More recent information is not available.
    For Regulatory Flexibility Act purposes only, NMFS has established 
a small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (see 50 CFR 
200.2). A business primarily engaged in commercial fishing (NAICS code 
11411) is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide. All of the 
commercial fishing businesses directly regulated by this proposed rule 
are believed to be small entities.
    NMFS has not identified any other small entities that would be 
expected to be directly affected by this proposed rule. Although this 
proposed rule would also directly affect recreational anglers, 
recreational anglers are not small entities under the RFA. Changes in 
angler demand for for-hire services (charter vessels and headboats, as 
applicable) as a result of this proposed rule could affect for-hire 
businesses; however, these changes would be indirect effects of this 
proposed rule and, therefore, are outside the scope of the RFA.
    The AM Timing Amendment contains two actions. The first action 
would modify the implementation date for any AM-based closure 
implemented under the subject FMPs, and the second action would require 
the Council to periodically reconsider its proposed approach. Changing 
the end date for required AM-based closures to September 30 would be 
expected to result in unquantifiable economic benefits to the directly 
affected commercial fishing businesses. An AM-based closure is required 
in the year following the determination that the ACL is exceeded. The 
fishing year for Caribbean fisheries is the calendar year of January 1 
through December 31, and the current date for determining the AM-based 
closure period is December 31. If an AM-based closure is required, the 
closure period extends from December 31 backward into the fishing year 
until a sufficient number of days are closed to constrain harvest to 
the applicable ACL and prevent another ACL overage. Fishermen have 
reported that AM-based closures extending from December 31 backward 
into the closure year conflict with periods of high consumer demand. 
Because the end of the year is a period of high consumer demand, AM-
based closures during this period result in reduced revenue and profits 
to affected fishermen. This proposed rule would change the time period 
of any necessary AM-based closure. The intent of the closure would be 
to allow the ACL to be harvested, but not exceeded, regardless of the 
timing or duration of the AM-based closure. AM closures would be 
applied from September 30 of the closure year and extend backward into 
the fishing year, in order to better time the closure and reduce or 
avoid conflict with economically and socially important seasons. 
Although the amount of harvest reduction during an AM-based closure 
would be unaffected by changing the implementation date, avoiding 
closures during periods of increased demand would be expected to enable 
fishermen to better meet market demand and maintain product flow, and 
to receive higher prices and associated profits. Available data are 
insufficient to document seasonal price variability or to demonstrate 
the benefits of allowing the possibility of keeping fisheries open, and 
thus supplying fish during these periods of high demand. Quantitative 
documentation of demand-driven price increases during the end-of-year 
and special seasons is not currently available. Additionally, any 
future ACL overages and associated closures cannot be reasonably 
predicted. Therefore, it is not feasible to provide quantitative 
estimates of the potential expected economic benefits of changing the 
timing of these closures. Nevertheless, the Council selected the 
proposed action based on extensive input from fishers and expects that 
the action would result in increases in revenue and associated profits, 
even if these predicted increases cannot be quantified.
    The second action in the AM Timing Amendment would specify when the 
Council must revisit and possibly review the practice of using 
September 30 as the end date for AM-based closures. This is an 
administrative action because it would establish a procedural 
requirement as part of the Council's management process. This second 
action would not be expected to have any direct economic effects on any 
small entities. Although the review could lead to the Council's 
subsequent consideration of management changes that may have economic 
effects on fishing businesses, these would be indirect effects of this 
action to establish the timing for the Council's review and 
deliberation, and indirect economic effects are outside the scope of 
the RFA.
    Based on the discussion above, NMFS determines that this proposed 
rule, if implemented, would not have a significant adverse economic 
effect on a substantial number of small entities. As a result, an 
initial regulatory flexibility analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 622

    Accountability measures, Annual catch limits, Caribbean, Fisheries, 
Fishing.

    Dated: February 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator 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.


[[Page 10327]]


0
2. In Sec.  622.12, revise paragraph (a) introductory text to read as 
follows:


Sec.  622.12   Annual catch limits (ACLs) and accountability measures 
(AMs) for Caribbean island management areas/Caribbean EEZ.

    (a) If landings from a Caribbean island management area, as 
specified in Appendix E to this part, except for landings of queen 
conch (see Sec.  622.491(b)), or landings from the Caribbean EEZ for 
tilefish and aquarium trade species, are estimated by the SRD to have 
exceeded the applicable ACL, as specified in paragraph (a)(1) of this 
section for Puerto Rico management area species or species groups, 
paragraph (a)(2) of this section for St. Croix management area species 
or species groups, paragraph (a)(3) of this section for St. Thomas/St. 
John management area species or species groups, or paragraph (a)(4) of 
this section for the Caribbean EEZ, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to reduce the length of the fishing season 
for the applicable species or species groups that year by the amount 
necessary to ensure landings do not exceed the applicable ACL. As 
described in the respective FMPs, for each species or species group in 
this paragraph, any required fishing season reduction will be applied 
from September 30 backward, toward the beginning of the fishing year. 
If the length of the required fishing season reduction exceeds the time 
period of January 1 through September 30, any additional fishing season 
reduction will be applied from October 1 forward, toward the end of the 
fishing year. If NMFS determines the ACL for a particular species or 
species group was exceeded because of enhanced data collection and 
monitoring efforts instead of an increase in total catch of the species 
or species group, NMFS will not reduce the length of the fishing season 
for the applicable species or species group the following fishing year. 
Landings will be evaluated relative to the applicable ACL based on a 
moving multi-year average of landings, as described in the FMPs. With 
the exceptions of Caribbean queen conch in the Puerto Rico and St. 
Thomas/St. John management areas, goliath grouper, Nassau grouper, 
midnight parrotfish, blue parrotfish, and rainbow parrotfish, ACLs are 
based on the combined Caribbean EEZ and territorial landings for each 
management area. The ACLs specified in paragraphs (a)(1), (a)(2), 
(a)(3), and (a)(4) of this section are given in round weight.
* * * * *
[FR Doc. 2017-02787 Filed 2-9-17; 8:45 am]
BILLING CODE 3510-22-P



                                                 10324                   Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules

                                                 part thereof, taken in violation of                     permit, which is available from the                   changes implemented could range from
                                                 subparts C and D of this part.                          Cordova offices of the Native Village of              a temporary closure of duck hunting in
                                                    (ii) Upon request from a Service law                 Eyak and the U. S. Forest Service.                    a small geographic area to large-scale
                                                 enforcement officer, hunters taking,                       (3) Kachemak Bay Area (Harvest area:               regional or Statewide long-term closures
                                                 attempting to take, or transporting                     Game Management Unit 15[C] South of                   of all subsistence migratory bird
                                                 migratory birds taken during the                        a line connecting the tip of Homer Spit               hunting. These closures or temporary
                                                 subsistence harvest season must present                 to the mouth of Fox River) (Eligible                  suspensions will remain in effect until
                                                 them to the officer for species                         Chugach Communities: Port Graham,                     the Regional Director, in consultation
                                                 identification.                                         Nanwalek):                                            with the Co-management Council,
                                                    (h) Interior Region. (1) Season: April                  (i) Season: April 2–May 31 and July                determines that the potential for
                                                 2–June 14 and July 16–August 31; egg                    1–August 31.                                          additional Steller’s eiders to be taken no
                                                 gathering May 1–June 14 only.                              (ii) Closure: June 1–30.                           longer exists.
                                                    (2) Closure: June 15–July 15.                           (k) Cook Inlet (Harvest area: Portions              Dated: February 1, 2017.
                                                    (i) Upper Copper River Region                        of Game Management Unit 16[B] as
                                                                                                                                                               Maureen D. Foster,
                                                 (Harvest Area: Game Management Units                    specified below) (Eligible communities:
                                                 11 and 13) (Eligible communities:                       Tyonek only):                                         Acting Assistant Secretary for Fish and
                                                                                                                                                               Wildlife and Parks.
                                                 Gulkana, Chitina, Tazlina, Copper                          (1) Season: April 2–May 31—That
                                                 Center, Gakona, Mentasta Lake,                                                                                [FR Doc. 2017–02688 Filed 2–9–17; 8:45 am]
                                                                                                         portion of Game Management Unit 16(B)
                                                 Chistochina and Cantwell).                              south of the Skwentna River and west                  BILLING CODE 4333–15–P
                                                    (1) Season: April 15–May 26 and June                 of the Yentna River, and August 1–31—
                                                 27–August 31.                                           That portion of Game Management Unit
                                                    (2) Closure: May 27–June 26.                         16(B) south of the Beluga River, Beluga               DEPARTMENT OF COMMERCE
                                                    (3) The Copper River Basin                           Lake, and the Triumvirate Glacier.
                                                 communities listed above also                                                                                 National Oceanic and Atmospheric
                                                                                                            (2) Closure: June 1–July 31.                       Administration
                                                 documented traditional use harvesting                      (l) Southeast Alaska. (1) Community
                                                 birds in Game Management Unit 12,                       of Hoonah (Harvest area: National Forest
                                                 making them eligible to hunt in this unit                                                                     50 CFR Part 622
                                                                                                         lands in Icy Strait and Cross Sound,
                                                 using the seasons specified in paragraph                including Middle Pass Rock near the                   [Docket No. 160810719–7041–01]
                                                 (h) of this section.                                    Inian Islands, Table Rock in Cross                    RIN 0648–BG29
                                                    (j) Gulf of Alaska Region. (1) Prince                Sound, and other traditional locations
                                                 William Sound Area West (Harvest area:                  on the coast of Yakobi Island. The land               Amendments to the Reef Fish, Spiny
                                                 Game Management Unit 6[D]), (Eligible                   and waters of Glacier Bay National Park               Lobster, and Corals and Reef
                                                 Chugach communities: Chenega Bay,                       remain closed to all subsistence                      Associated Plants and Invertebrates
                                                 Tatitlek):                                              harvesting (50 CFR part 100.3(a)):                    Fishery Management Plans of Puerto
                                                    (i) Season: April 2–May 31 and July                     (i) Season: Glaucous-winged gull egg               Rico and the U.S. Virgin Islands
                                                 1–August 31.                                            gathering only: May 15–June 30.
                                                    (ii) Closure: June 1–30.                                (ii) Closure: July 1–August 31.                    AGENCY:  National Marine Fisheries
                                                    (2) Prince William Sound Area East                      (2) Communities of Craig and                       Service (NMFS), National Oceanic and
                                                 (Harvest area: Game Management Units                    Hydaburg (Harvest area: small islands                 Atmospheric Administration (NOAA),
                                                 6[B]and [C]—Barrier Islands between                     and adjacent shoreline of western Prince              Commerce.
                                                 Strawberry Channel and Softtuk Bar),                    of Wales Island from Point Baker to                   ACTION: Proposed rule; request for
                                                 (Eligible Chugach communities:                          Cape Chacon, but also including                       comments.
                                                 Cordova, Tatitlek, and Chenega Bay):                    Coronation and Warren islands):
                                                    (i) Season: April 2–April 30 (hunting);                                                                    SUMMARY:   NMFS proposes to implement
                                                                                                            (i) Season: Glaucous-winged gull egg
                                                 May 1–May 31 (gull egg gathering).                                                                            measures described in Amendment 8 to
                                                                                                         gathering only: May 15–June 30.
                                                    (ii) Closure: May 1–August 31                           (ii) Closure: July 1–August 31.                    the Fishery Management Plan (FMP) for
                                                 (hunting); April 2–30 and June 1–                          (3) Community of Yakutat (Harvest                  the Reef Fish Fishery of Puerto Rico and
                                                 August 31 (gull egg gathering).                         area: Icy Bay (Icy Cape to Point Riou),               the U.S. Virgin Islands (USVI) (Reef Fish
                                                    (iii) Species Open for Hunting:                      and coastal lands and islands bordering               FMP), Amendment 7 to the FMP for the
                                                 Greater white-fronted goose; snow                       the Gulf of Alaska from Point Manby                   Spiny Lobster Fishery of Puerto Rico
                                                 goose; gadwall; Eurasian and American                   southeast to and including Dry Bay):                  and the USVI (Spiny Lobster FMP), and
                                                 wigeon; blue-winged and green-winged                       (i) Season: Glaucous-winged gull egg               Amendment 6 to the FMP for Corals and
                                                 teal; mallard; northern shoveler;                       gathering: May 15–June 30.                            Reef Associated Plants and Invertebrates
                                                 northern pintail; canvasback; redhead;                     (ii) Closure: July 1–August 31.                    of Puerto Rico and the USVI (Coral
                                                 ring-necked duck; greater and lesser                    ■ 4. Amend subpart D by adding § 92.32                FMP), as prepared and submitted by the
                                                 scaup; king and common eider;                           to read as follows:                                   Caribbean Fishery Management Council
                                                 harlequin duck; surf, white-winged, and                                                                       (Council). This proposed rule refers to
                                                 black scoter; long-tailed duck;                         § 92.32 Emergency regulations to protect              these amendments, in combination, as
                                                 bufflehead; common and Barrow’s                         Steller’s eiders.                                     the Accountability Measure (AM)
                                                 goldeneye; hooded, common, and red-                       Upon finding that continuation of                   Timing Amendment. This proposed rule
                                                 breasted merganser; and sandhill crane.                 these subsistence regulations would                   to implement the AM Timing
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 Species open for egg gathering:                         pose an imminent threat to the                        Amendment would modify the date for
                                                 glaucous-winged, herring, and mew                       conservation of threatened Steller’s                  the implementation of AM-based
                                                 gulls.                                                  eiders (Polysticta stelleri), the U.S. Fish           closures for all species and species
                                                    (iv) Use of Boats/All-Terrain Vehicles:              and Wildlife Service Alaska Regional                  groups managed by the Council under
                                                 No hunting from motorized vehicles or                   Director, in consultation with the Co-                the subject FMPs. The purpose of the
                                                 any form of watercraft.                                 management Council, will immediately                  AM Timing Amendment and this
                                                    (v) Special Registration: All hunters or             under § 92.21 take action as is necessary             proposed rule is to minimize, to the
                                                 egg gatherers must possess an annual                    to prevent further take. Regulation                   extent practicable, the adverse socio-


                                            VerDate Sep<11>2014   13:56 Feb 09, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\10FEP1.SGM   10FEP1


                                                                         Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules                                        10325

                                                 economic impacts of AM-based                            Background                                            likelihood that these fishers would lose
                                                 closures, while constraining catch levels                  The current AMs in the U.S.                        market access during periods of high
                                                 to the applicable annual catch limits                   Caribbean EEZ for reef fish, spiny                    demand for fish. Modifying the date for
                                                 (ACLs) and preventing overfishing.                      lobster, and corals require NMFS to                   the implementation of AM-based
                                                 DATES: Written comments must be                         reduce the length of the Federal fishing              closures through this proposed rule
                                                 received on or before March 13, 2017.                   season in the year following a                        would not change the level of harvest
                                                                                                         determination that the landings for a                 reduction if an AM-based closure were
                                                 ADDRESSES:   You may submit comments                                                                          required. This proposed rule to
                                                 on the proposed rule identified by                      species or species group exceeded the
                                                                                                         applicable ACL. As specified in the                   implement the AM Timing Amendment
                                                 ‘‘NOAA–NMFS–2016–0013’’ by either                                                                             is thus expected to minimize adverse
                                                 of the following methods:                               FMPs, the landings determination is
                                                                                                                                                               socio-economic effects from the
                                                                                                         based on the applicable 3-year landings
                                                    • Electronic Submissions: Submit all                                                                       implementation of AMs, while still
                                                                                                         average. However, if NMFS determines
                                                 electronic public comments via the                                                                            helping to ensure that AM-based
                                                                                                         the ACL for a particular species or
                                                 Federal e-Rulemaking Portal: http://                                                                          closures constrain harvest to the ACL
                                                                                                         species group was exceeded because of
                                                 www.regulations.gov. Go to                                                                                    and prevent overfishing. NMFS notes
                                                                                                         enhanced data collection and
                                                 www.regulations.gov/                                                                                          that the method for calculating the
                                                                                                         monitoring efforts, instead of an
                                                 #!docketDetail;D=NOAA-NMFS-2016-                                                                              landings determination using the 3-
                                                                                                         increase in total catch, NMFS will not
                                                 0013, click the ‘‘Comment Now!’’ icon,                                                                        years landings average for a species or
                                                                                                         reduce the length of the fishing season
                                                 complete the required fields, and enter                                                                       species group will not change through
                                                                                                         the following fishing year. The fishing
                                                 or attach your comments.                                                                                      this proposed rule.
                                                                                                         year for Council-managed species in                      The FMP for the Queen Conch
                                                    • Mail: Submit written comments to                   Caribbean Federal waters is the calendar
                                                 Marı́a del Mar López, Southeast                                                                              Resources of Puerto Rico and the USVI
                                                                                                         year of January 1 through December 31.                is not included in the AM Timing
                                                 Regional Office, NMFS, 263 13th                         If an AM-based closure is required, the
                                                 Avenue South, St. Petersburg, FL 33701.                                                                       Amendment because queen conch are
                                                                                                         closure period currently extends from                 managed with an in-season closure
                                                    Instructions: Comments sent by any                   December 31 backward into the fishing
                                                 other method, to any other address or                                                                         when the ACL is reached or projected to
                                                                                                         year of the closure (closure year), for the           be reached, rather than a post-season
                                                 individual, or received after the end of                number of days necessary to constrain
                                                 the comment period, may not be                                                                                reduction in the fishing year.
                                                                                                         harvest to the applicable ACL. Fishers
                                                 considered by NMFS. All comments                        in the USVI and Puerto Rico have stated               Additional Action Contained in the AM
                                                 received are a part of the public record                that implementing AM-based closures at                Timing Amendment But Not Codified
                                                 and will generally be posted for public                 the end of the fishing year results in                Through This Proposed Rule
                                                 viewing on www.regulations.gov                          negative socio-economic impacts, for                     In addition to the measure discussed
                                                 without change. All personal identifying                example, by resulting in multiple and                 above, the AM Timing Amendment
                                                 information (e.g., name, address, etc.),                potentially overlapping closures during               requires that the Council revisit the
                                                 confidential business information, or                   the important December holiday season.                practice of using September 30 as the
                                                 otherwise sensitive information                         Additionally, fishers in Puerto Rico                  end date for AM-based closures no
                                                 submitted voluntarily by the sender will                have stated that timing AM-based                      longer than 2 years from the
                                                 be publicly accessible. NMFS will                       closures with a September 30 end date                 implementation of the AM Timing
                                                 accept anonymous comments (enter                        would be expected to reduce adverse                   Amendment and no longer than every 2
                                                 ‘‘N/A’’ in the required fields if you wish              socio-economic impacts.                               years thereafter. Any associated formal
                                                 to remain anonymous).                                                                                         review would allow NMFS and the
                                                                                                         Management Measure Contained in
                                                    Electronic copies of the AM Timing                                                                         Council to consider changing the
                                                                                                         This Proposed Rule
                                                 Amendment, which includes an                                                                                  implementation date for AM-based
                                                 environmental assessment, a Regulatory                     This proposed rule would modify the                closures based on new information, and
                                                 Flexibility Act (RFA) analysis, and a                   date for implementation of an AM-based                would be expected to result in
                                                 regulatory impact review, may be                        closure in the event of an ACL overage                additional positive social and economic
                                                 obtained from the Southeast Regional                    for a species or species group managed                effects.
                                                 Office Web site at http://                              by the Council in Puerto Rico, St.
                                                 sero.nmfs.noaa.gov/sustainable_                         Thomas/St. John, and St. Croix under                  Classification
                                                 fisheries/caribbean/index.html.                         the Reef Fish, Coral, and Spiny Lobster                 Pursuant to section 304(b)(1)(A) of the
                                                                                                         FMPs. Specifically, an AM-based                       Magnuson-Stevens Act, the NMFS
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         closure would be implemented from                     Assistant Administrator has determined
                                                 Marı́a del Mar López, telephone: 727–
                                                                                                         September 30 of the closure year                      that this proposed rule is consistent
                                                 824–5305; email: maria.lopez@
                                                                                                         backward, toward the beginning of the                 with the FMPs, the AM Timing
                                                 noaa.gov.
                                                                                                         fishing year, for the number of days                  Amendment, the Magnuson-Stevens
                                                 SUPPLEMENTARY INFORMATION:      In the U.S.             necessary to achieve the reduction in                 Act, and other applicable laws, subject
                                                 Caribbean exclusive economic zone                       landings required to ensure landings do               to further consideration after public
                                                 (EEZ), the reef fish, spiny lobster, and                not exceed the applicable ACL. If the                 comment.
                                                 corals and reef associated plants and                   length of the required fishing season                   This proposed rule has been
                                                 invertebrates (corals) fisheries are                    reduction exceeds the period of January               determined to be not significant for
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                                                 managed under their respective FMPs.                    1 through September 30, any additional                purposes of Executive Order 12866.
                                                 The FMPs were prepared by the Council                   fishing season reduction would be                       The Chief Counsel for Regulation of
                                                 and are implemented through                             applied from October 1 forward, toward                the Department of Commerce certified
                                                 regulations at 50 CFR part 622 under the                the end of the fishing year (December                 to the Chief Counsel for Advocacy of the
                                                 authority of the Magnuson-Stevens                       31). Caribbean fishers have indicated                 Small Business Administration (SBA)
                                                 Fishery Conservation and Management                     that this approach to implementing AM-                that this proposed rule, if implemented,
                                                 Act (Magnuson-Stevens Act) (16 U.S.C.                   based closures is desirable, because it               would not have a significant economic
                                                 1801 et seq.).                                          would be expected to reduce the                       impact on a substantial number of small


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                                                 10326                   Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules

                                                 entities. The factual basis for this                    angler demand for for-hire services                   and thus supplying fish during these
                                                 determination follows.                                  (charter vessels and headboats, as                    periods of high demand. Quantitative
                                                    In approving the AM Timing                           applicable) as a result of this proposed              documentation of demand-driven price
                                                 Amendment, the Council determined                       rule could affect for-hire businesses;                increases during the end-of-year and
                                                 that AM-based closures need to be better                however, these changes would be                       special seasons is not currently
                                                 timed so that they successfully achieve                 indirect effects of this proposed rule                available. Additionally, any future ACL
                                                 their conservation objective and, to the                and, therefore, are outside the scope of              overages and associated closures cannot
                                                 extent practicable, minimize adverse                    the RFA.                                              be reasonably predicted. Therefore, it is
                                                 social and economic impacts to fishers                    The AM Timing Amendment contains                    not feasible to provide quantitative
                                                 and fishing communities. The purpose                    two actions. The first action would                   estimates of the potential expected
                                                 of this proposed rule is to change the                  modify the implementation date for any                economic benefits of changing the
                                                 end date from which AM-based closures                   AM-based closure implemented under                    timing of these closures. Nevertheless,
                                                 are calculated, so that adverse social                  the subject FMPs, and the second action               the Council selected the proposed
                                                 and economic effects are minimized to                   would require the Council to                          action based on extensive input from
                                                 the extent practicable, while still                     periodically reconsider its proposed                  fishers and expects that the action
                                                 ensuring that harvest does not exceed                   approach. Changing the end date for                   would result in increases in revenue
                                                 the applicable ACLs required under the                  required AM-based closures to                         and associated profits, even if these
                                                 Magnuson-Stevens Act and                                September 30 would be expected to                     predicted increases cannot be
                                                 implementing regulations.                               result in unquantifiable economic                     quantified.
                                                    This proposed rule, if implemented,                                                                           The second action in the AM Timing
                                                                                                         benefits to the directly affected
                                                 would directly affect all entities that                                                                       Amendment would specify when the
                                                                                                         commercial fishing businesses. An AM-
                                                 commercially harvest federally managed                                                                        Council must revisit and possibly
                                                 species under the Reef Fish, Coral, and                 based closure is required in the year
                                                                                                         following the determination that the                  review the practice of using September
                                                 Spiny Lobster FMPs in the U.S.                                                                                30 as the end date for AM-based
                                                 Caribbean EEZ. This proposed rule                       ACL is exceeded. The fishing year for
                                                                                                         Caribbean fisheries is the calendar year              closures. This is an administrative
                                                 would be expected to directly affect                                                                          action because it would establish a
                                                 approximately 1,000–1,200 commercial                    of January 1 through December 31, and
                                                                                                         the current date for determining the                  procedural requirement as part of the
                                                 fishermen in Puerto Rico, 200–250                                                                             Council’s management process. This
                                                 commercial fishermen in St. Croix, and                  AM-based closure period is December
                                                                                                         31. If an AM-based closure is required,               second action would not be expected to
                                                 70 commercial fishermen in St. Thomas                                                                         have any direct economic effects on any
                                                 and St. John, resulting in a total of                   the closure period extends from
                                                                                                         December 31 backward into the fishing                 small entities. Although the review
                                                 1,270–1,520 fishermen. The average                                                                            could lead to the Council’s subsequent
                                                 annual revenue from commercial fishing                  year until a sufficient number of days
                                                                                                         are closed to constrain harvest to the                consideration of management changes
                                                 for 2012–2014 is estimated to be                                                                              that may have economic effects on
                                                 approximately $7,250–$8,700 for Puerto                  applicable ACL and prevent another
                                                                                                         ACL overage. Fishermen have reported                  fishing businesses, these would be
                                                 Rico fishermen, $10,500–$13,100 for St.                                                                       indirect effects of this action to establish
                                                 Croix fishermen, and $29,600 for St.                    that AM-based closures extending from
                                                                                                         December 31 backward into the closure                 the timing for the Council’s review and
                                                 Thomas and St. John fishermen (2014
                                                                                                         year conflict with periods of high                    deliberation, and indirect economic
                                                 dollars). Total average annual revenue
                                                                                                         consumer demand. Because the end of                   effects are outside the scope of the RFA.
                                                 (2014 dollars) for all fishermen for                                                                             Based on the discussion above, NMFS
                                                 2012–2014 was approximately $8.7                        the year is a period of high consumer
                                                                                                         demand, AM-based closures during this                 determines that this proposed rule, if
                                                 million for Puerto Rico, $2.6 million for
                                                                                                         period result in reduced revenue and                  implemented, would not have a
                                                 St. Croix, and $2.1 million for St.
                                                                                                         profits to affected fishermen. This                   significant adverse economic effect on a
                                                 Thomas and St. John. More recent
                                                                                                         proposed rule would change the time                   substantial number of small entities. As
                                                 information is not available.
                                                    For Regulatory Flexibility Act                       period of any necessary AM-based                      a result, an initial regulatory flexibility
                                                 purposes only, NMFS has established a                   closure. The intent of the closure would              analysis is not required and none has
                                                 small business size standard for                        be to allow the ACL to be harvested, but              been prepared.
                                                 businesses, including their affiliates,                 not exceeded, regardless of the timing or             List of Subjects in 50 CFR Part 622
                                                 whose primary industry is commercial                    duration of the AM-based closure. AM
                                                                                                         closures would be applied from                          Accountability measures, Annual
                                                 fishing (see 50 CFR 200.2). A business
                                                                                                         September 30 of the closure year and                  catch limits, Caribbean, Fisheries,
                                                 primarily engaged in commercial fishing
                                                                                                         extend backward into the fishing year,                Fishing.
                                                 (NAICS code 11411) is classified as a
                                                 small business if it is independently                   in order to better time the closure and                 Dated: February 7, 2017.
                                                 owned and operated, is not dominant in                  reduce or avoid conflict with                         Alan D. Risenhoover,
                                                 its field of operation (including its                   economically and socially important                   Acting Deputy Assistant Administrator for
                                                 affiliates), and has combined annual                    seasons. Although the amount of harvest               Regulatory Programs, National Marine
                                                 receipts not in excess of $11 million for               reduction during an AM-based closure                  Fisheries Service.
                                                 all its affiliated operations worldwide.                would be unaffected by changing the                     For the reasons set out in the
                                                 All of the commercial fishing businesses                implementation date, avoiding closures                preamble, 50 CFR part 622 is proposed
                                                 directly regulated by this proposed rule                during periods of increased demand                    to be amended as follows:
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                                                 are believed to be small entities.                      would be expected to enable fishermen
                                                    NMFS has not identified any other                    to better meet market demand and                      PART 622—FISHERIES OF THE
                                                 small entities that would be expected to                maintain product flow, and to receive                 CARIBBEAN, GULF OF MEXICO, AND
                                                 be directly affected by this proposed                   higher prices and associated profits.                 SOUTH ATLANTIC
                                                 rule. Although this proposed rule would                 Available data are insufficient to
                                                 also directly affect recreational anglers,              document seasonal price variability or                ■ 1. The authority citation for part 622
                                                 recreational anglers are not small                      to demonstrate the benefits of allowing               continues to read as follows:
                                                 entities under the RFA. Changes in                      the possibility of keeping fisheries open,                Authority: 16 U.S.C. 1801 et seq.



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                                                                         Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules                                               10327

                                                 ■ 2. In § 622.12, revise paragraph (a)                  will file a notification with the Office of           instead of an increase in total catch of
                                                 introductory text to read as follows:                   the Federal Register, at or near the                  the species or species group, NMFS will
                                                                                                         beginning of the following fishing year,              not reduce the length of the fishing
                                                 § 622.12 Annual catch limits (ACLs) and
                                                 accountability measures (AMs) for
                                                                                                         to reduce the length of the fishing                   season for the applicable species or
                                                 Caribbean island management areas/                      season for the applicable species or                  species group the following fishing year.
                                                 Caribbean EEZ.                                          species groups that year by the amount                Landings will be evaluated relative to
                                                    (a) If landings from a Caribbean island              necessary to ensure landings do not                   the applicable ACL based on a moving
                                                 management area, as specified in                        exceed the applicable ACL. As                         multi-year average of landings, as
                                                 Appendix E to this part, except for                     described in the respective FMPs, for                 described in the FMPs. With the
                                                 landings of queen conch (see                            each species or species group in this                 exceptions of Caribbean queen conch in
                                                 § 622.491(b)), or landings from the                     paragraph, any required fishing season                the Puerto Rico and St. Thomas/St. John
                                                 Caribbean EEZ for tilefish and aquarium                 reduction will be applied from                        management areas, goliath grouper,
                                                 trade species, are estimated by the SRD                 September 30 backward, toward the                     Nassau grouper, midnight parrotfish,
                                                 to have exceeded the applicable ACL, as                 beginning of the fishing year. If the                 blue parrotfish, and rainbow parrotfish,
                                                 specified in paragraph (a)(1) of this                   length of the required fishing season                 ACLs are based on the combined
                                                 section for Puerto Rico management                      reduction exceeds the time period of                  Caribbean EEZ and territorial landings
                                                 area species or species groups,                         January 1 through September 30, any                   for each management area. The ACLs
                                                 paragraph (a)(2) of this section for St.                additional fishing season reduction will
                                                                                                                                                               specified in paragraphs (a)(1), (a)(2),
                                                 Croix management area species or                        be applied from October 1 forward,
                                                                                                                                                               (a)(3), and (a)(4) of this section are given
                                                 species groups, paragraph (a)(3) of this                toward the end of the fishing year. If
                                                                                                                                                               in round weight.
                                                 section for St. Thomas/St. John                         NMFS determines the ACL for a
                                                 management area species or species                      particular species or species group was               *      *    *      *     *
                                                 groups, or paragraph (a)(4) of this                     exceeded because of enhanced data                     [FR Doc. 2017–02787 Filed 2–9–17; 8:45 am]
                                                 section for the Caribbean EEZ, the AA                   collection and monitoring efforts                     BILLING CODE 3510–22–P
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Document Created: 2017-02-11 18:15:33
Document Modified: 2017-02-11 18:15:33
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 13, 2017.
ContactMar[iacute]a del Mar L[oacute]pez, telephone: 727-824-5305; email: [email protected]
FR Citation82 FR 10324 
RIN Number0648-BG29
CFR AssociatedAccountability Measures; Annual Catch Limits; Caribbean; Fisheries and Fishing

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