82_FR_21563 82 FR 21475 - 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 21475 - 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 88 (May 9, 2017)

Page Range21475-21477
FR Document2017-09360

NMFS issues regulations 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 final rule refers to these amendments, in combination, as the Accountability Measure (AM) Timing Amendment. This final rule to implement the AM Timing Amendment modifies 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 final 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 88 (Tuesday, May 9, 2017)
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21475-21477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09360]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160810719-7353-02]
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: Final rule.

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

[[Page 21476]]

SUMMARY: NMFS issues regulations 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 final rule refers to these 
amendments, in combination, as the Accountability Measure (AM) Timing 
Amendment. This final rule to implement the AM Timing Amendment 
modifies 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 final 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.

DATES: This final rule is effective June 8, 2017.

ADDRESSES: Electronic copies of the AM Timing Amendment, which includes 
an environmental assessment (EA), 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.).
    On January 5, 2017, NMFS published a notice of availability for the 
AM Timing Amendment and requested public comment (82 FR 1308). On 
February 10, 2017, NMFS published a proposed rule for the AM Timing 
Amendment and requested public comment (82 FR 10324). The proposed rule 
and the AM Timing Amendment outline the rationale for the actions 
contained in this final rule. A summary of the management measures 
described in the AM Timing Amendment and implemented by this final rule 
is provided below.

Management Measure Contained in This Final Rule

    This final rule modifies 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. AM-based 
closures occur in the year following any overage triggering 
implementation of the AM. Specifically, an AM-based closure will 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 required will be applied from 
October 1 forward, toward the end of the fishing year (December 31). 
This final rule to implement the AM Timing Amendment is 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.
    The FMP for the Queen Conch Resources of Puerto Rico and the USVI 
is not included in the AM Timing Amendment because queen conch harvest 
is 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 Final 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 formal review associated with revisiting the 
selected date would allow NMFS and the Council to specifically consider 
new information. Thus, any corresponding revisions would be expected to 
result in additional positive social and economic effects.

Comments and Responses

    NMFS received a total of two comment submissions on the proposed 
rule and the AM Timing Amendment; one from a group of individuals and 
one from a Federal agency. The Federal agency stated that it had no 
comment on the proposed rule or the AM Timing Amendment. The other 
comment as well as NMFS' response, is summarized below.
    Comment 1: NMFS violated the Administrative Procedure Act (APA) by 
failing to collect or disclose data supporting that the rule would 
provide economic benefit to Caribbean fishermen and that it did not 
consider potential negative impact on the financial health of tourist 
industries. NMFS also failed to properly consider ecological factors in 
the AM Timing Amendment.
    Response: NMFS disagrees. The Council and NMFS analyzed impacts to 
both the economic and ecological environments in the AM Timing 
Amendment Environmental Assessment (EA). The EA analyzed the effects of 
implementing the AM Timing Amendment on the human environment, 
including the impacts of the proposed action on the socio-economic, 
administrative, physical, biological, and ecological environments 
(including impacts to species listed under the Marine Mammal Protection 
Act and the Endangered Species Act (ESA)). The data used in the AM 
Timing Amendment to analyze alternatives modifying the timing of AM-
based closures in the AM Timing Amendment are described in the EA and 
have been determined by the NMFS Southeast Fisheries Science Center to 
be the best scientific information available. The Council and NMFS used 
these data to consider and analyze the expected direct and indirect 
socio-economic effects of the proposed action on the fishing industries 
in the U.S. Caribbean, and considered the tourism industries that would 
be reasonably expected to be affected by the proposed actions in the AM 
Timing Amendment. For example, the Council and NMFS considered whether 
each alternative would be likely to lead to a closure during periods of 
peak tourism. The economic analysis in the EA determined that no 
significant impact on the socio-economic environment will result from 
the the AM Timing Amendment.
    The EA also evaluated the impacts of the AM Timing Amendment on the 
biological and ecological environment and protected species. As 
discussed in

[[Page 21477]]

the EA, the implementation of the AM Timing Amendment will minimally 
affect current fishing operations or activities; therefore, the Council 
and NMFS concluded that additional impacts on the ecological 
environment are not expected. The modification of the date of 
implementation of AM-based closures is not expected to adversely affect 
ESA-listed species or critical habitat beyond those effects previously 
considered in the subject FMPs and ESA Section 7 consultations.
    The public has had multiple opportunities to participate in the 
development of the AM Timing Amendment and to provide comments. The 
public had the opportunity to comment on the AM Timing Amendment and 
draft EA at public hearings in November 2015 and August 2016, and 
during public testimony at the June 2016 and August 2016 Council 
meetings, in advance of final approval by the Council. Following the 
Council's approval of the AM Timing Amendment, NMFS provided the 
opportunity for public comment on the amendment through a 60-day public 
comment period on the notice of availability (82 FR 1308, January 5, 
2017), and through a 30-day comment period on the proposed rule (82 FR 
10326, February 10, 2017), consistent with the Magnuson-Stevens Act and 
APA public notice and comment requirements.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with the AM Timing Amendment, the 
FMPs, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. A public comment 
relating to socio-economic implications and potential impacts on small 
businesses is addressed in the Comments and Responses section of this 
final rule. No changes to this final rule were made in response to 
public comments. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: May 4, 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 amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.12, 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. 2017-09360 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-22-P



                                                                  Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations                                                21475

                                             and 28(e)(2) of the Securities Exchange                   Dated: May 4, 2017.                                 List of Subjects in 34 CFR Part 612
                                             Act of 1934 [15 U.S.C. 78w(a) and                       Brent J. Fields,                                        Administrative practice and
                                             78bb(e)(2)], section 319(a) of the Trust                Secretary.                                            procedure, Aliens, Colleges and
                                             Indenture Act of 1939 [15 U.S.C.                        [FR Doc. 2017–09331 Filed 5–8–17; 8:45 am]            universities, Consumer protection,
                                             7sss(a)], section 38(a) of the Investment               BILLING CODE 8011–01–P                                Grant programs—education, Loan
                                             Company Act of 1940 [15 U.S.C. 80a–                                                                           programs—education, Reporting and
                                             37(a)], and sections 203(c)(1), 204 and                                                                       recordkeeping requirements, Selective
                                             211(a) of the Investment Advisers Act of                DEPARTMENT OF EDUCATION                               Service System, Student aid, Vocational
                                             1940 [15 U.S.C. 80b–3(c)(1), 80b–4, and                                                                       education.
                                             80b–11(a)].                                             34 CFR Parts 612 and 686
                                                                                                                                                             Dated: May 4, 2017.
                                               The Commission is adopting technical                  [Docket ID ED–2014–OPE–0057]                          Betsy DeVos,
                                             amendments to Form ADV–W (17 CFR
                                             279.2) under the authority set forth in                 RIN 1840–AD07                                         Secretary of Education.
                                             sections 203(h), 204 and 211(a) of the                                                                        Revocation of Amendatory Instructions
                                                                                                     Teacher Preparation Issues
                                             Investment Advisers Act of 1940 (15
                                                                                                                                                              For the reasons discussed in the
                                             U.S.C. 80b–3(h), 80b–4, and 80b–11)).                   AGENCY:  Office of Postsecondary
                                                                                                                                                           preamble, and under the authority of the
                                                                                                     Education, Department of Education.
                                             List of Subjects in 17 CFR Part 279                                                                           Congressional Review Act (5 U.S.C. 801
                                                                                                     ACTION: Final rule; CRA Revocation.
                                                                                                                                                           et seq.) and Public Law 115–14 (March
                                               Reporting and recordkeeping                                                                                 27, 2017), the Secretary revokes the
                                             requirements; Securities.                               SUMMARY:    Under the Congressional
                                                                                                     Review Act, Congress has passed, and                  following amendatory instructions from
                                             Text of Rule and Form Amendments                        the President has signed, a resolution of             FR Doc. 2016–24856, published in the
                                                                                                     disapproval of the Teacher Preparation                issue of Monday, October 31, 2016 (81
                                               For the reasons set forth in the                      Issues final regulations that were                    FR 75494):
                                             preamble, title 17, chapter II of the Code              published on October 31, 2016.
                                             of Federal Regulations is amended as                                                                          §§ 686.1, 686.2, 686.3, 686.11, 686.12, 686.32,
                                                                                                     Pursuant to the resolution, the                       686.37, 686.40, 686.42, and 686.43
                                             follows:                                                Department of Education (Department)                  [Revocation of instructions]
                                             PART 279—FORMS PRESCRIBED                               is removing applicable regulations from
                                                                                                     the Code of Federal Regulations.                      ■ 1. On pages 75619 through 75622,
                                             UNDER THE INVESTMENT ADVISERS                                                                                 remove amendatory instructions 2
                                             ACT OF 1940                                             DATES: This action is effective May 9,
                                                                                                                                                           through 12.
                                                                                                     2017.
                                             ■ 1. The authority citation for part 279                FOR FURTHER INFORMATION CONTACT:                      Amendment to 34 CFR Chapter VI
                                             continues to read as follows:                           Sophia McArdle, Ph.D., U.S.                              For the reasons discussed in the
                                               Authority: The Investment Advisers Act of
                                                                                                     Department of Education, 400 Maryland                 preamble, and under the authority of the
                                             1940, 15 U.S.C. 80b–1, et seq.                          Avenue SW., Room 6W256,                               Congressional Review Act (5 U.S.C. 801
                                                                                                     Washington, DC 20202. Telephone:                      et seq.) and Public Law 115–14 (March
                                             § 279.1   [Amended]                                     (202) 453–6318 or by email:                           27, 2017), the Secretary also amends
                                                                                                     sophia.mcardle@ed.gov.                                chapter VI of title 34 of the Code of
                                             ■  2. Form ADV (referenced in § 279.1) is                  If you use a telecommunications                    Federal Regulations as follows:
                                             amended by:                                             device for the deaf or a text telephone,
                                             ■ a. Removing the phrase ‘‘have your                    call the Federal Relay Service, toll free,            PART 612—[Removed]
                                             principal office and place of business in               at 1–800–877–8339.
                                             Wyoming (which does not regulate                        SUPPLEMENTARY INFORMATION: On                         ■   1. Remove part 612.
                                             advisers);’’ from Part 1A, Item 2.A.(3)                 October 31, 2016, the Department                      [FR Doc. 2017–09351 Filed 5–8–17; 8:45 am]
                                             and adding in its place ‘‘Reserved’’;                   published the teacher preparation issues              BILLING CODE 4000–01–P
                                             ■ b. Adding ‘‘b WY’’ after ‘‘b WI’’ in                  notice of final regulations (81 FR
                                             the table of Part 1A, Item 2.C.; and                    75494). The regulations in 34 CFR part
                                             ■ c. Removing the phrase ‘‘have your
                                                                                                     612 were effective November 30, 2016.                 DEPARTMENT OF COMMERCE
                                             principal office and place of business in               The amendments to part 686 were to be
                                             Wyoming (which does not regulate                        effective on July 1, 2017, except for                 National Oceanic and Atmospheric
                                             advisers);’’ from Part 1A, Schedule R,                  amendatory instructions 4.A., 4.B.,                   Administration
                                             Section 2.A.(3) and adding in its place                 4.C.iv., 4.C.x., and 4.C.xi., amending 34
                                             ‘‘Reserved’’.                                           CFR 686.2(d) and (e), which were to be                50 CFR Part 622
                                                                                                     effective July 1, 2021. Congress
                                               Note: The text of Form ADV does not and                                                                     [Docket No. 160810719–7353–02]
                                                                                                     subsequently passed a resolution of
                                             the amendments will not appear in the Code              disapproval of the rule, and President                RIN 0648–BG29
                                             of Federal Regulations.
                                                                                                     Trump signed the resolution into law as
                                                                                                     Public Law 115–14 on March 27, 2017.                  Amendments to the Reef Fish, Spiny
                                             § 279.2   [Amended]                                                                                           Lobster, and Corals and Reef
                                                                                                     Accordingly, the Department is hereby
                                                                                                     removing part 612 of the teacher                      Associated Plants and Invertebrates
                                             ■ 3. Form ADV–W (referenced in
                                                                                                     preparation issues final regulations from             Fishery Management Plans of Puerto
                                             § 279.2) is amended by adding ‘‘b WY’’
                                                                                                     the Code of Federal Regulations. The                  Rico and the U.S. Virgin Islands
nlaroche on DSK30NT082PROD with RULES




                                             after ‘‘b WI’’ in the table in paragraph
                                             (b) of the Status section.                              amendments to part 686 were not                       AGENCY:  National Marine Fisheries
                                                                                                     effective, and therefore, were never part             Service (NMFS), National Oceanic and
                                               Note: The text of Form ADV–W does not
                                             and the amendments will not appear in the
                                                                                                     of the Code of Federal Regulations. The               Atmospheric Administration (NOAA),
                                             Code of Federal Regulations.                            Department is removing the instructions               Commerce.
                                                                                                     amending part 686 from the rule that
                                                                                                                                                           ACTION: Final rule.
                                                 By the Commission.                                  published October 31, 2016.


                                        VerDate Sep<11>2014   14:51 May 08, 2017   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\09MYR1.SGM   09MYR1


                                             21476                Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations

                                             SUMMARY:   NMFS issues regulations to                   rule and the AM Timing Amendment                      additional positive social and economic
                                             implement measures described in                         outline the rationale for the actions                 effects.
                                             Amendment 8 to the Fishery                              contained in this final rule. A summary
                                                                                                                                                           Comments and Responses
                                             Management Plan (FMP) for the Reef                      of the management measures described
                                             Fish Fishery of Puerto Rico and the U.S.                in the AM Timing Amendment and                           NMFS received a total of two
                                             Virgin Islands (USVI) (Reef Fish FMP),                  implemented by this final rule is                     comment submissions on the proposed
                                             Amendment 7 to the FMP for the Spiny                    provided below.                                       rule and the AM Timing Amendment;
                                             Lobster Fishery of Puerto Rico and the                                                                        one from a group of individuals and one
                                                                                                     Management Measure Contained in                       from a Federal agency. The Federal
                                             USVI (Spiny Lobster FMP), and
                                                                                                     This Final Rule                                       agency stated that it had no comment on
                                             Amendment 6 to the FMP for Corals and
                                             Reef Associated Plants and Invertebrates                   This final rule modifies the date for              the proposed rule or the AM Timing
                                             of Puerto Rico and the USVI (Coral                      implementation of an AM-based closure                 Amendment. The other comment as
                                             FMP), as prepared and submitted by the                  in the event of an ACL overage for a                  well as NMFS’ response, is summarized
                                             Caribbean Fishery Management Council                    species or species group managed by the               below.
                                             (Council). This final rule refers to these              Council in Puerto Rico, St. Thomas/St.                   Comment 1: NMFS violated the
                                             amendments, in combination, as the                      John, and St. Croix under the Reef Fish,              Administrative Procedure Act (APA) by
                                             Accountability Measure (AM) Timing                      Coral, and Spiny Lobster FMPs. AM-                    failing to collect or disclose data
                                             Amendment. This final rule to                                                                                 supporting that the rule would provide
                                                                                                     based closures occur in the year
                                             implement the AM Timing Amendment                                                                             economic benefit to Caribbean
                                                                                                     following any overage triggering
                                             modifies the date for the                                                                                     fishermen and that it did not consider
                                                                                                     implementation of the AM. Specifically,
                                             implementation of AM-based closures                                                                           potential negative impact on the
                                                                                                     an AM-based closure will be
                                                                                                                                                           financial health of tourist industries.
                                             for all species and species groups                      implemented from September 30 of the
                                                                                                                                                           NMFS also failed to properly consider
                                             managed by the Council under the                        closure year backward, toward the
                                                                                                                                                           ecological factors in the AM Timing
                                             subject FMPs. The purpose of the AM                     beginning of the fishing year, for the
                                                                                                                                                           Amendment.
                                             Timing Amendment and this final rule                    number of days necessary to achieve the                  Response: NMFS disagrees. The
                                             is to minimize, to the extent practicable,              reduction in landings required to ensure              Council and NMFS analyzed impacts to
                                             the adverse socio-economic impacts of                   landings do not exceed the applicable                 both the economic and ecological
                                             AM-based closures, while constraining                   ACL. If the length of the required fishing            environments in the AM Timing
                                             catch levels to the applicable annual                   season reduction exceeds the period of                Amendment Environmental Assessment
                                             catch limits (ACLs) and preventing                      January 1 through September 30, any                   (EA). The EA analyzed the effects of
                                             overfishing.                                            additional fishing season reduction                   implementing the AM Timing
                                             DATES:  This final rule is effective June               required will be applied from October 1               Amendment on the human
                                             8, 2017.                                                forward, toward the end of the fishing                environment, including the impacts of
                                                                                                     year (December 31). This final rule to                the proposed action on the socio-
                                             ADDRESSES: Electronic copies of the AM
                                                                                                     implement the AM Timing Amendment                     economic, administrative, physical,
                                             Timing Amendment, which includes an                     is expected to minimize adverse socio-
                                             environmental assessment (EA), a                                                                              biological, and ecological environments
                                                                                                     economic effects from the                             (including impacts to species listed
                                             Regulatory Flexibility Act (RFA)                        implementation of AMs, while still
                                             analysis, and a regulatory impact                                                                             under the Marine Mammal Protection
                                                                                                     helping to ensure that AM-based                       Act and the Endangered Species Act
                                             review, may be obtained from the                        closures constrain harvest to the ACL
                                             Southeast Regional Office Web site at                                                                         (ESA)). The data used in the AM Timing
                                                                                                     and prevent overfishing.                              Amendment to analyze alternatives
                                             http://sero.nmfs.noaa.gov/sustainable_
                                             fisheries/caribbean/index.html.                            The FMP for the Queen Conch                        modifying the timing of AM-based
                                                                                                     Resources of Puerto Rico and the USVI                 closures in the AM Timing Amendment
                                             FOR FURTHER INFORMATION CONTACT:                        is not included in the AM Timing                      are described in the EA and have been
                                             Marı́a del Mar López, telephone: 727–                  Amendment because queen conch                         determined by the NMFS Southeast
                                             824–5305; email: maria.lopez@                           harvest is managed with an in-season                  Fisheries Science Center to be the best
                                             noaa.gov.                                               closure when the ACL is reached or                    scientific information available. The
                                             SUPPLEMENTARY INFORMATION:       In the U.S.            projected to be reached, rather than a                Council and NMFS used these data to
                                             Caribbean exclusive economic zone                       post-season reduction in the fishing                  consider and analyze the expected
                                             (EEZ), the reef fish, spiny lobster, and                year.                                                 direct and indirect socio-economic
                                             corals and reef associated plants and                                                                         effects of the proposed action on the
                                                                                                     Additional Action Contained in the AM
                                             invertebrates (corals) fisheries are                                                                          fishing industries in the U.S. Caribbean,
                                                                                                     Timing Amendment but Not Codified
                                             managed under their respective FMPs.                                                                          and considered the tourism industries
                                                                                                     Through This Final Rule
                                             The FMPs were prepared by the Council                                                                         that would be reasonably expected to be
                                             and are implemented through                               In addition to the measure discussed                affected by the proposed actions in the
                                             regulations at 50 CFR part 622 under the                above, the AM Timing Amendment                        AM Timing Amendment. For example,
                                             authority of the Magnuson-Stevens                       requires that the Council revisit the                 the Council and NMFS considered
                                             Fishery Conservation and Management                     practice of using September 30 as the                 whether each alternative would be
                                             Act (Magnuson-Stevens Act) (16 U.S.C.                   end date for AM-based closures no                     likely to lead to a closure during periods
                                             1801 et seq.).                                          longer than 2 years from the                          of peak tourism. The economic analysis
                                               On January 5, 2017, NMFS published                    implementation of the AM Timing                       in the EA determined that no significant
                                             a notice of availability for the AM                     Amendment and no longer than every 2
nlaroche on DSK30NT082PROD with RULES




                                                                                                                                                           impact on the socio-economic
                                             Timing Amendment and requested                          years thereafter. Any formal review                   environment will result from the the
                                             public comment (82 FR 1308). On                         associated with revisiting the selected               AM Timing Amendment.
                                             February 10, 2017, NMFS published a                     date would allow NMFS and the                            The EA also evaluated the impacts of
                                             proposed rule for the AM Timing                         Council to specifically consider new                  the AM Timing Amendment on the
                                             Amendment and requested public                          information. Thus, any corresponding                  biological and ecological environment
                                             comment (82 FR 10324). The proposed                     revisions would be expected to result in              and protected species. As discussed in


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                                                                  Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations                                                21477

                                             the EA, the implementation of the AM                    businesses is addressed in the                        January 1 through September 30, any
                                             Timing Amendment will minimally                         Comments and Responses section of this                additional fishing season reduction will
                                             affect current fishing operations or                    final rule. No changes to this final rule             be applied from October 1 forward,
                                             activities; therefore, the Council and                  were made in response to public                       toward the end of the fishing year. If
                                             NMFS concluded that additional                          comments. As a result, a final regulatory             NMFS determines the ACL for a
                                             impacts on the ecological environment                   flexibility analysis was not required and             particular species or species group was
                                             are not expected. The modification of                   none was prepared.                                    exceeded because of enhanced data
                                             the date of implementation of AM-based                                                                        collection and monitoring efforts
                                                                                                     List of Subjects in 50 CFR Part 622
                                             closures is not expected to adversely                                                                         instead of an increase in total catch of
                                             affect ESA-listed species or critical                     Accountability measures, Annual                     the species or species group, NMFS will
                                             habitat beyond those effects previously                 catch limits, Caribbean, Fisheries,                   not reduce the length of the fishing
                                             considered in the subject FMPs and ESA                  Fishing.                                              season for the applicable species or
                                             Section 7 consultations.                                  Dated: May 4, 2017.                                 species group the following fishing year.
                                                The public has had multiple                          Alan D. Risenhoover,                                  Landings will be evaluated relative to
                                             opportunities to participate in the                     Acting Deputy Assistant Administrator for             the applicable ACL based on a moving
                                             development of the AM Timing                            Regulatory Programs, National Marine                  multi-year average of landings, as
                                             Amendment and to provide comments.                      Fisheries Service.                                    described in the FMPs. With the
                                             The public had the opportunity to                         For the reasons set out in the                      exceptions of Caribbean queen conch in
                                             comment on the AM Timing                                preamble, 50 CFR part 622 is amended                  the Puerto Rico and St. Thomas/St. John
                                             Amendment and draft EA at public                        as follows:                                           management areas, goliath grouper,
                                             hearings in November 2015 and August                                                                          Nassau grouper, midnight parrotfish,
                                             2016, and during public testimony at                    PART 622—FISHERIES OF THE                             blue parrotfish, and rainbow parrotfish,
                                             the June 2016 and August 2016 Council                   CARIBBEAN, GULF OF MEXICO, AND                        ACLs are based on the combined
                                             meetings, in advance of final approval                  SOUTH ATLANTIC                                        Caribbean EEZ and territorial landings
                                             by the Council. Following the Council’s                                                                       for each management area. The ACLs
                                             approval of the AM Timing                               ■ 1. The authority citation for part 622
                                                                                                     continues to read as follows:                         specified in paragraphs (a)(1), (a)(2),
                                             Amendment, NMFS provided the                                                                                  (a)(3), and (a)(4) of this section are given
                                             opportunity for public comment on the                       Authority: 16 U.S.C. 1801 et seq.                 in round weight.
                                             amendment through a 60-day public                       ■ 2. In § 622.12, revise paragraph (a)
                                             comment period on the notice of                                                                               *      *    *      *     *
                                                                                                     introductory text to read as follows:                 [FR Doc. 2017–09360 Filed 5–8–17; 8:45 am]
                                             availability (82 FR 1308, January 5,
                                                                                                                                                           BILLING CODE 3510–22–P
                                             2017), and through a 30-day comment                     § 622.12 Annual catch limits (ACLs) and
                                             period on the proposed rule (82 FR                      accountability measures (AMs) for
                                             10326, February 10, 2017), consistent                   Caribbean island management areas/
                                                                                                     Caribbean EEZ.                                        DEPARTMENT OF COMMERCE
                                             with the Magnuson-Stevens Act and
                                             APA public notice and comment                              (a) If landings from a Caribbean island
                                                                                                                                                           National Oceanic and Atmospheric
                                             requirements.                                           management area, as specified in
                                                                                                                                                           Administration
                                                                                                     Appendix E to this part, except for
                                             Classification                                          landings of queen conch (see
                                                                                                                                                           50 CFR Part 648
                                                The Regional Administrator,                          § 622.491(b)), or landings from the
                                             Southeast Region, NMFS has                              Caribbean EEZ for tilefish and aquarium               [Docket No. 170126124–7124–01]
                                             determined that this final rule is                      trade species, are estimated by the SRD
                                                                                                                                                           RIN 0648–BG63
                                             consistent with the AM Timing                           to have exceeded the applicable ACL, as
                                             Amendment, the FMPs, the Magnuson-                      specified in paragraph (a)(1) of this                 Magnuson-Stevens Fishery
                                             Stevens Act, and other applicable law.                  section for Puerto Rico management                    Conservation and Management Act
                                                This final rule has been determined to               area species or species groups,                       Provisions; Fisheries of the
                                             be not significant for purposes of                      paragraph (a)(2) of this section for St.              Northeastern United States; Northern
                                             Executive Order 12866.                                  Croix management area species or                      Red Hake Accountability Measure
                                                The Magnuson-Stevens Act provides                    species groups, paragraph (a)(3) of this
                                             the statutory basis for this rule. No                   section for St. Thomas/St. John                       AGENCY:  National Marine Fisheries
                                             duplicative, overlapping, or conflicting                management area species or species                    Service (NMFS), National Oceanic and
                                             Federal rules have been identified. In                  groups, or paragraph (a)(4) of this                   Atmospheric Administration (NOAA),
                                             addition, no new reporting, record-                     section for the Caribbean EEZ, the AA                 Commerce.
                                             keeping, or other compliance                            will file a notification with the Office of           ACTION: Final rule.
                                             requirements are introduced by this                     the Federal Register, at or near the
                                             final rule.                                             beginning of the following fishing year,              SUMMARY:    This action reduces the in-
                                                The Chief Counsel for Regulation of                  to reduce the length of the fishing                   season possession limit adjustment
                                             the Department of Commerce certified                    season for the applicable species or                  trigger for northern red hake due to an
                                             to the Chief Counsel for Advocacy of the                species groups that year by the amount                annual catch limit overage in fishing
                                             Small Business Administration during                    necessary to ensure landings do not                   year 2015. Reduction of the trigger is a
                                             the proposed rule stage that this rule                  exceed the applicable ACL. As                         non-discretionary action intended to
                                             would not have a significant adverse                    described in the respective FMPs, for                 minimize the potential for catch
                                             economic impact on a substantial                        each species or species group in this                 overages in the future. This action
nlaroche on DSK30NT082PROD with RULES




                                             number of small entities. The factual                   paragraph, any required fishing season                reinstates regulatory text that we
                                             basis for this determination was                        reduction will be applied from                        inadvertently removed during a
                                             published in the proposed rule and is                   September 30 backward, toward the                     previous rule making action. The intent
                                             not repeated here. A public comment                     beginning of the fishing year. If the                 of this action is to inform the public of
                                             relating to socio-economic implications                 length of the required fishing season                 this reduction in the possession limit
                                             and potential impacts on small                          reduction exceeds the time period of                  trigger. The regulatory correction is


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Document Created: 2018-11-08 08:41:38
Document Modified: 2018-11-08 08:41:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective June 8, 2017.
ContactMar[iacute]a del Mar L[oacute]pez, telephone: 727-824-5305; email: [email protected]
FR Citation82 FR 21475 
RIN Number0648-BG29
CFR AssociatedAccountability Measures; Annual Catch Limits; Caribbean; Fisheries and Fishing

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