82 FR 18400 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Accountability Measure-Based Closures for Recreational Species in the U.S. Caribbean off Puerto Rico
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 74 (April 19, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 74 (April 19, 2017)
| Page Range | 18400-18401 | |
| FR Document | 2017-07914 |
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)] [Rules and Regulations] [Pages 18400-18401] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07914] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket Nos. 100120037-1626-02 and 101217620-1788-03] RIN 0648-XF344 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Accountability Measure-Based Closures for Recreational Species in the U.S. Caribbean off Puerto Rico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closures. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for two species groups in the exclusive economic zone (EEZ) of the U.S. Caribbean off Puerto Rico for the 2017 fishing year through this temporary rule. NMFS has determined that recreational sector annual catch limits (ACLs) in the EEZ off Puerto Rico were exceeded for wrasses and parrotfishes based on average landings during the 2013-2015 fishing years. This temporary rule reduces the lengths of the 2017 fishing seasons for these species groups by the amounts necessary to ensure that landings do not exceed the applicable recreational ACLs in 2017. NMFS closes the recreational sectors for these species groups beginning on the dates specified in the DATES section and continuing through the end of the current fishing year, December 31, 2017. These AMs are necessary to protect the Caribbean reef fish resources in the EEZ off Puerto Rico. DATES: This rule is effective for recreational sector wrasses in the EEZ off Puerto Rico at 12:01 a.m., local time, April 19, 2017, until 12:01 a.m., local time, January 1, 2018. This rule is effective for recreational sector parrotfishes in the EEZ off Puerto Rico May 19, 2017, until 12:01 a.m., local time, January 1, 2018. The AM-based closure for recreational parrotfishes applies at 12:01 a.m., local time, November 4, 2017, until 12:01 a.m., local time, January 1, 2018. FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez, NMFS Southeast Regional Office, telephone: 727-824-5305, email: maria.lopez@noaa.gov. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean EEZ includes wrasses and parrotfishes, and is managed under the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Reef Fish FMP). The Reef Fish FMP was prepared by the Caribbean Fishery Management Council (Council) and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The 2010 Caribbean ACL Amendment (Amendment 2 to the FMP for the Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (Queen Conch FMP) and Amendment 5 to the Reef Fish FMP) and 2011 Caribbean ACL Amendment (Amendment 3 to the Queen Conch FMP, Amendment 6 to the Reef Fish FMP, Amendment 5 to the Spiny Lobster FMP, and Amendment 3 to FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands) revised the Reef Fish FMP (76 FR 82404, December 30, 2011, and 76 FR 82414, December 30, 2011). Among other actions, the 2010 and 2011 Caribbean ACL Amendments and the associated final rules established ACLs and AMs for Caribbean reef fish, including the species groups identified in this temporary rule. The 2010 and 2011 Caribbean ACL Amendments and final rules also allocated ACLs among three Caribbean island management areas, i.e., the Puerto Rico, St. Croix, and St. Thomas/St. John management areas of the EEZ, as specified in Appendix E to part 622. The ACLs for reef fish species and species groups in the Puerto Rico management area were further allocated between the commercial and recreational sectors, and AMs apply to each of these sectors separately. The Puerto Rico management area encompasses the EEZ off Puerto Rico. The recreational ACLs in the EEZ off Puerto Rico for the species groups covered by this temporary rule are as follows and are given in round weight:The recreational ACL for wrasses is 5,050 lb (2,291 kg), as specified in Sec. 622.12(a)(1)(ii)(L). The recreational ACL for parrotfishes is 15,263 lb (6,921 kg), as specified in Sec. 622.12(a)(1)(ii)(B). In accordance with regulations at 50 CFR 622.12(a), if landings from a Caribbean island management area are estimated to have exceeded the applicable ACL, the Assistant Administrator for NOAA Fisheries (AA) will file a notification with the Office of the Federal Register to reduce the length of the fishing season for the applicable species or species group the following fishing year by the amount necessary to ensure landings do not exceed the applicable ACL. NMFS evaluates landings relative to the applicable ACL based on a moving 3-year average of landings, as described in the Reef Fish FMP. Based on the most recent available landings data, from the 2013- 2015 fishing years, NMFS has determined that the recreational ACLs for wrasses and parrotfishes in the EEZ off Puerto Rico have been exceeded. In addition, NMFS has determined that the recreational ACLs for these species groups were exceeded because of increased catches and not as a result of enhanced data collection and monitoring efforts. This temporary rule implements AMs for both recreational wrasses and [[Page 18401]] parrotfishes, to reduce the respective 2017 fishing season lengths to ensure that landings do not exceed the applicable recreational ACLs in the 2017 fishing year. The 2017 fishing seasons for the recreational sectors for these species groups in the Puerto Rico management area of the EEZ are closed at the times and dates listed below. These recreational closures remain in effect until the 2018 fishing seasons begin at 12:01 a.m., local time, January 1, 2018. The recreational sector for wrasses is closed effective at 12:01 a.m., local time, April 19, 2017. Wrasses include hogfish, puddingwife, and Spanish hogfish. The recreational sector for parrotfishes is closed effective at 12:01 a.m., local time, November 4, 2017. Parrotfishes include queen, princess, striped, redband, redfin, redtail, and stoplight parrotfish. During the Puerto Rico recreational sector closures for the wrasses and parrotfishes announced in this temporary rule, all recreational harvest of these species groups is closed, and the recreational bag and possession limits for these species groups in or from the Puerto Rico management area are zero. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of the species groups included in this temporary rule, in the EEZ off Puerto Rico, and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.12(a) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The AA finds good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures are unnecessary because the rules implementing the ACLs and AMs for these species groups have been subject to notice and comment, and all that remains is to notify the public that the recreational ACLs were exceeded and that the AMs are being implemented for the 2017 fishing year. Prior notice and opportunity for public comment on this action would be contrary to the public interest for recreational sector wrasses in the EEZ off Puerto Rico, because allowing those procedures would require additional time and would be expected to result in harvest in excess of the established recreational ACL. Additionally, prior notice and opportunity for public comment on this action would be contrary to the public interest for recreational sector parrotfishes in the EEZ off Puerto Rico, because many of those affected by the length of the recreational fishing seasons, including charter vessel and headboat operations that book trips for clients in advance, need advance notice to adjust their business plans to account for the reduced recreational fishing seasons. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action for the wrasses recreational sector under 5 U.S.C. 553(d)(3). The AA has determined that waiver of the 30-day delay in the effectiveness of this action for the parrotfishes recreational sector is not needed or appropriate, as the closure date in this temporary rule is not until November 4, 2017. Authority: 16 U.S.C. 1801 et seq. Dated: April 14, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-07914 Filed 4-14-17; 4:15 pm] BILLING CODE 3510-22-P
![18400 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
to packaging manufacture or Atmospheric Administration (NOAA), Reef Fish FMP, Amendment 5 to the
qualification) is subject to a civil Commerce. Spiny Lobster FMP, and Amendment 3
penalty of up to $78,376 or $182,877 for ACTION: Temporary rule; closures. to FMP for Corals and Reef Associated
a violation occurring on or after April Plants and Invertebrates of Puerto Rico
19, 2017. * * * SUMMARY: NMFS implements and the U.S. Virgin Islands) revised the
* * * * * accountability measures (AMs) for two Reef Fish FMP (76 FR 82404, December
species groups in the exclusive 30, 2011, and 76 FR 82414, December
PART 171—GENERAL INFORMATION, economic zone (EEZ) of the U.S. 30, 2011). Among other actions, the
REGULATIONS, AND DEFINITIONS Caribbean off Puerto Rico for the 2017 2010 and 2011 Caribbean ACL
fishing year through this temporary rule. Amendments and the associated final
■ 4. The authority citation for part 171 NMFS has determined that recreational rules established ACLs and AMs for
continues to read as follows: sector annual catch limits (ACLs) in the Caribbean reef fish, including the
Authority: 49 U.S.C. 5101–5128, 44701; EEZ off Puerto Rico were exceeded for species groups identified in this
Pub. L. 101–410 section 4; Pub. L. 104–134, wrasses and parrotfishes based on temporary rule. The 2010 and 2011
section 31001; Pub. L. 114–74 section 4 (28 average landings during the 2013–2015 Caribbean ACL Amendments and final
U.S.C. 2461 note); 49 CFR 1.81 and 1.97. fishing years. This temporary rule rules also allocated ACLs among three
■ 5. In § 171.1, paragraph (g) is revised reduces the lengths of the 2017 fishing Caribbean island management areas, i.e.,
to read as follows: seasons for these species groups by the the Puerto Rico, St. Croix, and St.
amounts necessary to ensure that Thomas/St. John management areas of
§ 171.1 Applicability of Hazardous
Materials Regulations (HMR) to persons and
landings do not exceed the applicable the EEZ, as specified in Appendix E to
functions. recreational ACLs in 2017. NMFS closes part 622. The ACLs for reef fish species
the recreational sectors for these species and species groups in the Puerto Rico
* * * * *
(g) Penalties for noncompliance. Each groups beginning on the dates specified management area were further allocated
person who knowingly violates a in the DATES section and continuing between the commercial and
requirement of the Federal hazardous through the end of the current fishing recreational sectors, and AMs apply to
material transportation law, an order year, December 31, 2017. These AMs are each of these sectors separately. The
issued under Federal hazardous necessary to protect the Caribbean reef Puerto Rico management area
material transportation law, subchapter fish resources in the EEZ off Puerto encompasses the EEZ off Puerto Rico.
A of this chapter, or a special permit or Rico. The recreational ACLs in the EEZ off
approval issued under subchapter A or DATES: This rule is effective for
Puerto Rico for the species groups
C of this chapter is liable for a civil recreational sector wrasses in the EEZ covered by this temporary rule are as
penalty of not more than $78,376 for off Puerto Rico at 12:01 a.m., local time, follows and are given in round weight:
• The recreational ACL for wrasses is
each violation, except the maximum April 19, 2017, until 12:01 a.m., local
5,050 lb (2,291 kg), as specified in
civil penalty is $182,877 if the violation time, January 1, 2018. This rule is
§ 622.12(a)(1)(ii)(L).
results in death, serious illness, or effective for recreational sector • The recreational ACL for
severe injury to any person or parrotfishes in the EEZ off Puerto Rico parrotfishes is 15,263 lb (6,921 kg), as
substantial destruction of property. May 19, 2017, until 12:01 a.m., local specified in § 622.12(a)(1)(ii)(B).
There is no minimum civil penalty, time, January 1, 2018. The AM-based In accordance with regulations at 50
except for a minimum civil penalty of closure for recreational parrotfishes CFR 622.12(a), if landings from a
$471 for a violation relating to training. applies at 12:01 a.m., local time, Caribbean island management area are
Issued in Washington, DC on April 14, November 4, 2017, until 12:01 a.m., estimated to have exceeded the
2017, under authority delegated in 49 CFR local time, January 1, 2018. applicable ACL, the Assistant
part 1.97. FOR FURTHER INFORMATION CONTACT: Administrator for NOAA Fisheries (AA)
Howard W. McMillan, Marı́a del Mar López, NMFS Southeast will file a notification with the Office of
Acting Deputy Administrator, Pipeline and Regional Office, telephone: 727–824– the Federal Register to reduce the length
Hazardous Materials Safety Administration. 5305, email: maria.lopez@noaa.gov. of the fishing season for the applicable
[FR Doc. 2017–07908 Filed 4–18–17; 8:45 am] SUPPLEMENTARY INFORMATION: The reef species or species group the following
BILLING CODE 4910–60–P fish fishery of the Caribbean EEZ fishing year by the amount necessary to
includes wrasses and parrotfishes, and ensure landings do not exceed the
is managed under the Fishery applicable ACL. NMFS evaluates
DEPARTMENT OF COMMERCE Management Plan for the Reef Fish landings relative to the applicable ACL
Fishery of Puerto Rico and the U.S. based on a moving 3-year average of
National Oceanic and Atmospheric Virgin Islands (Reef Fish FMP). The landings, as described in the Reef Fish
Administration Reef Fish FMP was prepared by the FMP.
Caribbean Fishery Management Council Based on the most recent available
50 CFR Part 622 (Council) and is implemented by NMFS landings data, from the 2013–2015
[Docket Nos. 100120037–1626–02 and under the authority of the Magnuson- fishing years, NMFS has determined
101217620–1788–03] Stevens Fishery Conservation and that the recreational ACLs for wrasses
Management Act (Magnuson-Stevens and parrotfishes in the EEZ off Puerto
RIN 0648–XF344 Act) by regulations at 50 CFR part 622. Rico have been exceeded. In addition,
The 2010 Caribbean ACL Amendment NMFS has determined that the
Fisheries of the Caribbean, Gulf of
jstallworth on DSK7TPTVN1PROD with RULES
(Amendment 2 to the FMP for the recreational ACLs for these species
Mexico, and South Atlantic; 2017
Queen Conch Resources of Puerto Rico groups were exceeded because of
Accountability Measure-Based
and the U.S. Virgin Islands (Queen increased catches and not as a result of
Closures for Recreational Species in
Conch FMP) and Amendment 5 to the enhanced data collection and
the U.S. Caribbean off Puerto Rico
Reef Fish FMP) and 2011 Caribbean monitoring efforts.
AGENCY: National Marine Fisheries ACL Amendment (Amendment 3 to the This temporary rule implements AMs
Service (NMFS), National Oceanic and Queen Conch FMP, Amendment 6 to the for both recreational wrasses and
VerDate Sep<11>2014 12:38 Apr 18, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1](https://thefederalregister.org/doc/82_FR_18474/page/1.svg)
![Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations 18401
parrotfishes, to reduce the respective this temporary rule is necessary for the allowing those procedures would
2017 fishing season lengths to ensure conservation and management of the require additional time and would be
that landings do not exceed the species groups included in this expected to result in harvest in excess
applicable recreational ACLs in the temporary rule, in the EEZ off Puerto of the established recreational ACL.
2017 fishing year. The 2017 fishing Rico, and is consistent with the Additionally, prior notice and
seasons for the recreational sectors for Magnuson-Stevens Act and other opportunity for public comment on this
these species groups in the Puerto Rico applicable laws. action would be contrary to the public
management area of the EEZ are closed This action is taken under 50 CFR interest for recreational sector
at the times and dates listed below. 622.12(a) and is exempt from review parrotfishes in the EEZ off Puerto Rico,
These recreational closures remain in under Executive Order 12866. because many of those affected by the
effect until the 2018 fishing seasons These measures are exempt from the length of the recreational fishing
begin at 12:01 a.m., local time, January procedures of the Regulatory Flexibility seasons, including charter vessel and
1, 2018. Act because the temporary rule is issued headboat operations that book trips for
• The recreational sector for wrasses without opportunity for prior notice and clients in advance, need advance notice
is closed effective at 12:01 a.m., local comment. to adjust their business plans to account
time, April 19, 2017. Wrasses include This action responds to the best for the reduced recreational fishing
hogfish, puddingwife, and Spanish scientific information available. The AA seasons.
hogfish. finds good cause to waive the
For the aforementioned reasons, the
• The recreational sector for requirements to provide prior notice
and opportunity for public comment AA also finds good cause to waive the
parrotfishes is closed effective at 12:01
pursuant to the authority set forth at 5 30-day delay in the effectiveness of this
a.m., local time, November 4, 2017.
U.S.C. 553(b)(B) as such prior notice action for the wrasses recreational sector
Parrotfishes include queen, princess,
and opportunity for public comment is under 5 U.S.C. 553(d)(3). The AA has
striped, redband, redfin, redtail, and
unnecessary and contrary to the public determined that waiver of the 30-day
stoplight parrotfish.
interest. Such procedures are delay in the effectiveness of this action
During the Puerto Rico recreational
unnecessary because the rules for the parrotfishes recreational sector is
sector closures for the wrasses and
implementing the ACLs and AMs for not needed or appropriate, as the
parrotfishes announced in this
these species groups have been subject closure date in this temporary rule is
temporary rule, all recreational harvest
to notice and comment, and all that not until November 4, 2017.
of these species groups is closed, and
the recreational bag and possession remains is to notify the public that the Authority: 16 U.S.C. 1801 et seq.
limits for these species groups in or recreational ACLs were exceeded and
Dated: April 14, 2017.
from the Puerto Rico management area that the AMs are being implemented for
the 2017 fishing year. Prior notice and Karen H. Abrams,
are zero.
opportunity for public comment on this Acting Deputy Director, Office of Sustainable
Classification action would be contrary to the public Fisheries, National Marine Fisheries Service.
The Regional Administrator for the interest for recreational sector wrasses [FR Doc. 2017–07914 Filed 4–14–17; 4:15 pm]
NMFS Southeast Region has determined in the EEZ off Puerto Rico, because BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES
VerDate Sep<11>2014 12:38 Apr 18, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 9990 E:\FR\FM\19APR1.SGM 19APR1](https://thefederalregister.org/doc/82_FR_18474/page/2.svg)
Document Created: 2018-11-14 09:43:29
Document Modified: 2018-11-14 09:43:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closures. | |
| Dates | This rule is effective for recreational sector wrasses in the EEZ off Puerto Rico at 12:01 a.m., local time, April 19, 2017, until 12:01 a.m., local time, January 1, 2018. This rule is effective for recreational sector parrotfishes in the EEZ off Puerto Rico May 19, 2017, until 12:01 a.m., local time, January 1, 2018. The AM-based closure for recreational parrotfishes applies at 12:01 a.m., local time, November 4, 2017, until 12:01 a.m., local time, January 1, 2018. | |
| Contact | Mar[iacute]a del Mar L[oacute]pez, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 18400 | |
| RIN Number | 0648-XF34 |
2026 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR