82_FR_31618 82 FR 31489 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Accountability Measure-Based Closures for Commercial and Recreational Species in the U.S. Caribbean off Puerto Rico

82 FR 31489 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Accountability Measure-Based Closures for Commercial and Recreational Species in the U.S. Caribbean off Puerto Rico

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31489-31491
FR Document2017-14293

Through this temporary rule, NMFS implements accountability measures (AMs) for species and species groups in the exclusive economic zone (EEZ) of the U.S. Caribbean off Puerto Rico (Puerto Rico management area) for the 2017 fishing year. NMFS has determined that annual catch limits (ACLs) in the Puerto Rico management area were exceeded for spiny lobster; the commercial sectors of triggerfish and filefish (combined), and Snapper Unit 2; and the recreational sectors of triggerfish and filefish (combined), and jacks, based on average landings during the 2013-2015 fishing years. This temporary rule reduces the lengths of the 2017 fishing seasons for these species and species groups by the amounts necessary to ensure, to the extent practicable, that landings do not exceed the applicable ACLs in 2017. NMFS closes the applicable sectors for these species and species groups beginning on the dates specified in the DATES section and continuing until October 1, 2017. These AMs are necessary to protect the Caribbean reef fish and spiny lobster resources in the Puerto Rico management area.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31489-31491]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14293]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170126124-7124-01]
RIN 0648-XF488


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Accountability Measure-Based Closures for Commercial and 
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: Through this temporary rule, NMFS implements accountability 
measures (AMs) for species and species groups in the exclusive economic 
zone (EEZ) of the U.S. Caribbean off Puerto Rico (Puerto Rico 
management area) for the 2017 fishing year. NMFS has determined that 
annual catch limits (ACLs) in the Puerto Rico management area were 
exceeded for spiny lobster; the commercial sectors of triggerfish and 
filefish (combined), and Snapper Unit 2; and the recreational sectors 
of triggerfish and filefish (combined), and jacks, based on average 
landings during the 2013-2015 fishing years. This temporary rule 
reduces the lengths of the 2017 fishing seasons for these species and 
species groups by the amounts necessary to ensure, to the extent 
practicable, that landings do not exceed the applicable ACLs in 2017. 
NMFS closes the applicable sectors for these species and species groups 
beginning on the dates specified in the DATES section and continuing 
until October 1, 2017. These AMs are necessary to protect the Caribbean 
reef fish and spiny lobster resources in the Puerto Rico management 
area.

DATES: This rule is effective August 7, 2017, until 12:01 a.m., local 
time, on October 1, 2017. The AM-based closures apply in the Puerto 
Rico management area for the following species and species groups, and 
fishing sectors, at the times and dates specified below, until 12:01 
a.m., local time, on October 1, 2017.
     Triggerfish and filefish, combined (commercial) effective 
at 12:01 a.m., local time, on August 13, 2017;
     Spiny lobster (commercial and recreational) effective at 
12:01 a.m., local time, on September 7, 2017;
     Snapper Unit 2 (commercial) effective at 12:01 a.m., local 
time, on September 15, 2017;
     Triggerfish and filefish, combined (recreational) 
effective at 12:01 a.m., local time, on September 18, 2017;
     Jacks (recreational) effective at 12:01 a.m., local time, 
on September 28, 2017.

FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez, 
NMFS Southeast Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean EEZ 
includes triggerfish and filefish, snappers in Snapper Unit 2, and 
jacks, and is managed under the Fishery Management Plan (FMP) for the 
Reef

[[Page 31490]]

Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Reef Fish 
FMP). Caribbean spiny lobster is managed under the FMP for the Spiny 
Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (Spiny 
Lobster FMP). The FMPs were prepared by the Caribbean Fishery 
Management Council (Council) and are 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 (which includes, along with 
another amendment, Amendment 5 to the Reef Fish FMP) and the 2011 
Caribbean ACL Amendment (which includes, among other amendments, 
Amendment 6 to the Reef Fish FMP and Amendment 5 to the Spiny Lobster 
FMP) revised the Reef Fish and Spiny Lobster FMPs. Among other actions, 
the 2010 and 2011 Caribbean ACL Amendments and the associated final 
rules (76 FR 82404, December 30, 2011, and 76 FR 82414, December 30, 
2011, respectively) established ACLs and AMs for Caribbean reef fish 
and spiny lobster, including the species and 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 Caribbean EEZ, as specified in Appendix E to 
part 622. The ACLs for species and species groups in the Puerto Rico 
management area, except for spiny lobster, were further allocated 
between the commercial and recreational sectors, and AMs apply to each 
of these sectors separately.
    On May 11, 2016, NMFS published the final rule implementing the 
Comprehensive Amendment to the U.S. Caribbean FMPs: Application of AMs 
(81 FR 29166). Among other items, the final rule clarified that the 
spiny lobster ACL for the Puerto Rico management area is applied as a 
single ACL for both the commercial and recreational sectors, consistent 
with the Council's intent in the 2011 Caribbean ACL Amendment, and the 
AM applies to both sectors. Additionally, the final rule clarified the 
fishing restrictions that occur in the Caribbean EEZ when an ACL is 
exceeded, and an AM is triggered and implemented. The Puerto Rico 
management area encompasses the EEZ off Puerto Rico.
    In addition, on June 8, 2017, NMFS implemented the final rule for 
Amendment 8 to the Reef Fish FMP, Amendment 7 to the Spiny Lobster FMP, 
and Amendment 6 to the FMP for Corals and Reef Associated Plants and 
Invertebrates of Puerto Rico and the U.S. Virgin Islands (collectively 
referred to as the AM Timing Amendment) (82 FR 21475, May 9, 2017). The 
final rule implementing the AM Timing Amendment modified the date for 
initiating an AM-based closure in the event of an ACL overage for the 
species and species groups managed by the Council under the 
aforementioned FMPs. Instead of initiating an AM-based closure on 
December 31 and counting backward into the year for the number of days 
necessary to achieve the reduction in landings required so landings do 
not exceed the applicable ACL, the AM-based closure period will be 
applied on September 30 and count backward toward the beginning of the 
fishing year.
    The ACLs for the applicable species and species groups, and fishing 
sectors in the Puerto Rico management area covered by this temporary 
rule are as follows and are given in round weight:
     The commercial ACL for triggerfish and filefish, combined, 
is 58,475 lb (26,524 kg), as specified in Sec.  622.12(a)(1)(i)(Q).
     The ACL for spiny lobster (applicable to the commercial 
and recreational sectors) is 327,920 lb (148,742 kg), as specified in 
Sec.  622.12(a)(1)(iii).
     The commercial ACL for Snapper Unit 2 is 145,916 lb 
(66,186 kg), as specified in Sec.  622.12(a)(1)(i)(D).
     The recreational ACL for triggerfish and filefish, 
combined, is 21,929 lb (9,947 kg), as specified in Sec.  
622.12(a)(1)(ii)(Q).
     The recreational ACL for jacks is 51,001 lb (23,134 kg), 
as specified in Sec.  622.12(a)(1)(ii)(M).
    NMFS has determined that landings for the species and species 
groups in this temporary rule from the Puerto Rico management area 
exceeded the applicable ACLs. Therefore, in accordance with regulations 
at 50 CFR 622.12(a), the Assistant Administrator for NOAA Fisheries 
(AA) is filing a notification with the Office of the Federal Register 
to reduce the lengths of the fishing seasons for the applicable species 
or species groups in the 2017 fishing year by the amount necessary to 
ensure, to the extent practicable, that landings do not exceed the 
applicable ACLs. As described in the Reef Fish and Spiny Lobster FMPs, 
and in this temporary rule, 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 on December 31. NMFS 
evaluates landings relative to the applicable ACL based on a moving 3-
year average of landings, as described in the FMPs.
    Based on the most recent available landings data, from the 2013-
2015 fishing years, NMFS has determined that the ACLs for spiny 
lobster; the commercial sectors for triggerfish and filefish 
(combined), and Snapper Unit 2; and the recreational sectors of 
triggerfish and filefish (combined), and jacks in the Puerto Rico 
management area have been exceeded. In addition, NMFS has determined 
that the ACLs for these species and 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 the identified commercial 
and recreational sectors for the species and species groups listed in 
this temporary rule, to reduce the respective 2017 fishing season 
lengths to ensure that landings do not exceed the applicable ACLs in 
the 2017 fishing year. The 2017 fishing seasons for the applicable 
sectors for these species and species groups in the Puerto Rico 
management area of the Caribbean EEZ are closed at the times and dates 
listed below. These closures remain in effect until 12:01 a.m., local 
time, on October 1, 2017.
     The commercial sector for triggerfish and filefish, 
combined, is closed effective at 12:01 a.m., local time, on August 13, 
2017. Triggerfish and filefish, combined, includes ocean, queen, and 
sargassum triggerfish; scrawled and whitespotted filefish; and black 
durgon;
     The commercial and recreational sectors for spiny lobster 
are closed effective at 12:01 a.m., local time, on September 7, 2017;
     The commercial sector for Snapper Unit 2 is closed 
effective at 12:01 a.m., local time, on September 15, 2017. Snapper 
Unit 2 includes queen and cardinal snapper;
     The recreational sector for triggerfish and filefish, 
combined, is closed effective at 12:01 a.m., local time, on September 
18, 2017. Triggerfish and filefish, combined, includes ocean, queen, 
and sargassum triggerfish; scrawled and whitespotted filefish; and 
black durgon; and
     The recreational sector for jacks is closed effective at 
12:01 a.m., local time, on September 28, 2017. Jacks includes horse-
eye, black, almaco, bar, and yellow jack; greater amberjack; and blue 
runner.

[[Page 31491]]

    After these specified closures, on October 1, 2017, these 
applicable species and species groups will reopen through December 31, 
2017, the end of the current fishing year.
    During the Puerto Rico commercial sector closures announced in this 
temporary rule for the species above, except for spiny lobster, which 
is described below, the commercial harvest of the indicated species or 
species groups is prohibited. All harvest or possession of the 
indicated species or species groups in or from the Puerto Rico 
management area is limited to the recreational bag and possession 
limits specified in Sec.  622.437, unless the recreational sector for 
the species or species group is closed, and the sale or purchase of the 
indicated species or species group in or from the Puerto Rico 
management area is prohibited.
    During the Puerto Rico recreational sector closures announced in 
this temporary rule for the species above, except for spiny lobster, 
which is described below, all recreational harvest of the indicated 
species groups is prohibited, and the recreational bag and possession 
limits for the indicated species groups in or from the Puerto Rico 
management area are zero.
    During the Puerto Rico spiny lobster closure announced in this 
temporary rule, both the commercial and recreational sectors for spiny 
lobster are closed. The harvest, possession, purchase, or sale of spiny 
lobster in or from the Puerto Rico management area is prohibited. The 
bag and possession limits for spiny lobster 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 and species groups included in this temporary 
rule, in the Puerto Rico management area, 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 and species groups have been subject to notice 
and comment, and all that remains is to notify the public that the 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 because many of those 
affected by the length of the commercial and recreational fishing 
seasons, including commercial operations, and 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 commercial and recreational fishing seasons.

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

    Dated: July 3, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-14293 Filed 7-6-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                        Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations                                        31489

                                                  and a winning bidder that is not or does                   (2) If Amtrak and the eligible                      Atmospheric Administration (NOAA),
                                                  not include Amtrak must:                                 petitioner awarded a route cannot agree               Commerce.
                                                     (1) Award to the winning bidder the                   on the terms of access, either party may              ACTION: Temporary rule; closures.
                                                  right and obligation to provide intercity                petition the Surface Transportation
                                                  passenger rail transportation over that                  Board under 49 U.S.C. 24711(g).                       SUMMARY:    Through this temporary rule,
                                                  route subject to such performance                          (b) Employees. The employees of any                 NMFS implements accountability
                                                  standards as FRA may require for a                       person, except as provided in a                       measures (AMs) for species and species
                                                  duration consistent with § 269.3(b);                     collective bargaining agreement, an                   groups in the exclusive economic zone
                                                     (2) Award to the winning bidder an                    eligible petitioner uses in the operation             (EEZ) of the U.S. Caribbean off Puerto
                                                  operating subsidy, as determined by                      of a route under this part shall be                   Rico (Puerto Rico management area) for
                                                  FRA and based on Amtrak’s final                          considered an employee of that eligible               the 2017 fishing year. NMFS has
                                                  audited publically-reported fully-                       petitioner and subject to the applicable              determined that annual catch limits
                                                  allocated operating costs of the route for               Federal laws and regulations governing                (ACLs) in the Puerto Rico management
                                                  the prior fiscal year, excluding costs                   similar crafts or classes of employees of             area were exceeded for spiny lobster;
                                                  related to Other Postretirement                          Amtrak.                                               the commercial sectors of triggerfish and
                                                  Employee Benefits, Amtrak Performance                       (c) Hiring preference. The winning                 filefish (combined), and Snapper Unit 2;
                                                  Tracking System Asset Allocations,                       bidder must provide hiring preference                 and the recreational sectors of
                                                  Project Related Costs, and Amtrak Office                 to qualified Amtrak employees                         triggerfish and filefish (combined), and
                                                  of Inspector General activities, subject to              displaced by the award of the bid,                    jacks, based on average landings during
                                                  the availability of funding, for the first               consistent with the staffing plan the                 the 2013–2015 fishing years. This
                                                  year at a level that does not exceed 90                  winning bidder submits and the grant                  temporary rule reduces the lengths of
                                                  percent of the level in effect for that                  conditions established by 49 U.S.C.                   the 2017 fishing seasons for these
                                                  specific route during the fiscal year                    24405.                                                species and species groups by the
                                                  preceding the fiscal year in which the                                                                         amounts necessary to ensure, to the
                                                                                                           § 269.17   Cessation of service.                      extent practicable, that landings do not
                                                  petition was received, adjusted for
                                                  inflation;                                                 (a) If an eligible petitioner awarded a             exceed the applicable ACLs in 2017.
                                                     (3) State that any award of an                        route under this part ceases to operate               NMFS closes the applicable sectors for
                                                  operating subsidy is made annually, is                   the service or fails to fulfill its                   these species and species groups
                                                  subject to the availability of funding,                  obligations under the contract required               beginning on the dates specified in the
                                                  and is based on the amount calculated                    under § 269.13, the Administrator, in                 DATES section and continuing until
                                                  under paragraph (b)(2) of this section,                  collaboration with the Surface                        October 1, 2017. These AMs are
                                                  adjusted for inflation;                                  Transportation Board, shall take any                  necessary to protect the Caribbean reef
                                                     (4) Condition the operating and                       necessary action consistent with title 49             fish and spiny lobster resources in the
                                                  subsidy rights upon the winning bidder                   of the United States Code to enforce the              Puerto Rico management area.
                                                  providing intercity passenger rail                       contract and ensure the continued                     DATES: This rule is effective August 7,
                                                  transportation over the route that is no                 provision of service, including the                   2017, until 12:01 a.m., local time, on
                                                  less frequent, nor over a shorter                        installment of an interim service and re-             October 1, 2017. The AM-based closures
                                                  distance, than Amtrak provided on that                   bidding the contract to operate the                   apply in the Puerto Rico management
                                                  route before the award;                                  service.                                              area for the following species and
                                                     (5) Condition the operating and                         (b) In re-bidding the contract, the                 species groups, and fishing sectors, at
                                                  subsidy rights upon the winning                          entity providing service must either be               the times and dates specified below,
                                                  bidder’s compliance with performance                     Amtrak or an eligible petitioner.                     until 12:01 a.m., local time, on October
                                                  standards FRA may require, but which,                      Issued in Washington, DC, on July 3, 2017.          1, 2017.
                                                  at a minimum, must meet or exceed the                    Patrick Warren,                                          • Triggerfish and filefish, combined
                                                  performance required of or achieved by                   Executive Director.                                   (commercial) effective at 12:01 a.m.,
                                                  Amtrak on the applicable route during                    [FR Doc. 2017–14355 Filed 7–5–17; 4:15 pm]
                                                                                                                                                                 local time, on August 13, 2017;
                                                  the fiscal year immediately preceding                                                                             • Spiny lobster (commercial and
                                                                                                           BILLING CODE 4910–06–P
                                                  the year the bid is submitted;                                                                                 recreational) effective at 12:01 a.m.,
                                                     (6) Subject the winning bidder to the                                                                       local time, on September 7, 2017;
                                                  grant conditions established by 49                                                                                • Snapper Unit 2 (commercial)
                                                                                                           DEPARTMENT OF COMMERCE                                effective at 12:01 a.m., local time, on
                                                  U.S.C. 24405; and
                                                     (7) Subject the winning bidder to the                                                                       September 15, 2017;
                                                                                                           National Oceanic and Atmospheric                         • Triggerfish and filefish, combined
                                                  requirements of the appropriations                       Administration
                                                  act(s) funding the contract.                                                                                   (recreational) effective at 12:01 a.m.,
                                                                                                                                                                 local time, on September 18, 2017;
                                                     (c) Publication. The winning bidder                   50 CFR Part 622                                          • Jacks (recreational) effective at
                                                  shall make their bid available to the
                                                                                                           [Docket No. 170126124–7124–01]                        12:01 a.m., local time, on September 28,
                                                  public after the bid award with any
                                                                                                                                                                 2017.
                                                  appropriate redactions for confidential                  RIN 0648–XF488
                                                  or proprietary information.                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 Marı́a del Mar López, NMFS Southeast
                                                                                                           Fisheries of the Caribbean, Gulf of
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  § 269.15   Access to facilities; employees.                                                                    Regional Office, telephone: 727–824–
                                                                                                           Mexico, and South Atlantic; 2017                      5305, email: maria.lopez@noaa.gov.
                                                    (a) Access to facilities. (1) If the award             Accountability Measure-Based
                                                  under § 269.13 is made to an eligible                    Closures for Commercial and                           SUPPLEMENTARY INFORMATION: The reef
                                                  petitioner, Amtrak must provide that                     Recreational Species in the U.S.                      fish fishery of the Caribbean EEZ
                                                  eligible petitioner access to the Amtrak-                Caribbean off Puerto Rico                             includes triggerfish and filefish,
                                                  owned reservation system, stations, and                                                                        snappers in Snapper Unit 2, and jacks,
                                                  facilities directly related to operations of             AGENCY:  National Marine Fisheries                    and is managed under the Fishery
                                                  the awarded route(s).                                    Service (NMFS), National Oceanic and                  Management Plan (FMP) for the Reef


                                             VerDate Sep<11>2014   17:43 Jul 06, 2017   Jkt 241001   PO 00000   Frm 00057   Fmt 4700   Sfmt 4700   E:\FR\FM\07JYR1.SGM   07JYR1


                                                  31490                 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations

                                                  Fish Fishery of Puerto Rico and the U.S.                 Corals and Reef Associated Plants and                 additional fishing season reduction will
                                                  Virgin Islands (Reef Fish FMP).                          Invertebrates of Puerto Rico and the U.S.             be applied from October 1 forward,
                                                  Caribbean spiny lobster is managed                       Virgin Islands (collectively referred to as           toward the end of the fishing year on
                                                  under the FMP for the Spiny Lobster                      the AM Timing Amendment) (82 FR                       December 31. NMFS evaluates landings
                                                  Fishery of Puerto Rico and the U.S.                      21475, May 9, 2017). The final rule                   relative to the applicable ACL based on
                                                  Virgin Islands (Spiny Lobster FMP). The                  implementing the AM Timing                            a moving 3-year average of landings, as
                                                  FMPs were prepared by the Caribbean                      Amendment modified the date for                       described in the FMPs.
                                                  Fishery Management Council (Council)                     initiating an AM-based closure in the                    Based on the most recent available
                                                  and are implemented by NMFS under                        event of an ACL overage for the species               landings data, from the 2013–2015
                                                  the authority of the Magnuson-Stevens                    and species groups managed by the                     fishing years, NMFS has determined
                                                  Fishery Conservation and Management                      Council under the aforementioned                      that the ACLs for spiny lobster; the
                                                  Act (Magnuson-Stevens Act) by                            FMPs. Instead of initiating an AM-based               commercial sectors for triggerfish and
                                                  regulations at 50 CFR part 622.                          closure on December 31 and counting                   filefish (combined), and Snapper Unit 2;
                                                     The 2010 Caribbean ACL Amendment                      backward into the year for the number                 and the recreational sectors of
                                                  (which includes, along with another                      of days necessary to achieve the                      triggerfish and filefish (combined), and
                                                  amendment, Amendment 5 to the Reef                       reduction in landings required so                     jacks in the Puerto Rico management
                                                  Fish FMP) and the 2011 Caribbean ACL                     landings do not exceed the applicable                 area have been exceeded. In addition,
                                                  Amendment (which includes, among                         ACL, the AM-based closure period will                 NMFS has determined that the ACLs for
                                                  other amendments, Amendment 6 to the                     be applied on September 30 and count                  these species and species groups were
                                                  Reef Fish FMP and Amendment 5 to the                     backward toward the beginning of the                  exceeded because of increased catches
                                                  Spiny Lobster FMP) revised the Reef                      fishing year.                                         and not as a result of enhanced data
                                                  Fish and Spiny Lobster FMPs. Among                          The ACLs for the applicable species                collection and monitoring efforts.
                                                  other actions, the 2010 and 2011                         and species groups, and fishing sectors                  This temporary rule implements AMs
                                                  Caribbean ACL Amendments and the                         in the Puerto Rico management area                    for the identified commercial and
                                                  associated final rules (76 FR 82404,                     covered by this temporary rule are as                 recreational sectors for the species and
                                                  December 30, 2011, and 76 FR 82414,                      follows and are given in round weight:                species groups listed in this temporary
                                                  December 30, 2011, respectively)                            • The commercial ACL for triggerfish
                                                                                                                                                                 rule, to reduce the respective 2017
                                                  established ACLs and AMs for                             and filefish, combined, is 58,475 lb
                                                                                                                                                                 fishing season lengths to ensure that
                                                  Caribbean reef fish and spiny lobster,                   (26,524 kg), as specified in
                                                                                                                                                                 landings do not exceed the applicable
                                                  including the species and species                        § 622.12(a)(1)(i)(Q).
                                                                                                                                                                 ACLs in the 2017 fishing year. The 2017
                                                  groups identified in this temporary rule.                   • The ACL for spiny lobster
                                                                                                                                                                 fishing seasons for the applicable
                                                  The 2010 and 2011 Caribbean ACL                          (applicable to the commercial and
                                                                                                                                                                 sectors for these species and species
                                                  Amendments and final rules also                          recreational sectors) is 327,920 lb
                                                                                                                                                                 groups in the Puerto Rico management
                                                  allocated ACLs among three Caribbean                     (148,742 kg), as specified in
                                                                                                                                                                 area of the Caribbean EEZ are closed at
                                                  island management areas, i.e., the                       § 622.12(a)(1)(iii).
                                                                                                              • The commercial ACL for Snapper                   the times and dates listed below. These
                                                  Puerto Rico, St. Croix, and St. Thomas/
                                                                                                           Unit 2 is 145,916 lb (66,186 kg), as                  closures remain in effect until 12:01
                                                  St. John management areas of the
                                                                                                           specified in § 622.12(a)(1)(i)(D).                    a.m., local time, on October 1, 2017.
                                                  Caribbean EEZ, as specified in
                                                                                                              • The recreational ACL for triggerfish                • The commercial sector for
                                                  Appendix E to part 622. The ACLs for
                                                                                                           and filefish, combined, is 21,929 lb                  triggerfish and filefish, combined, is
                                                  species and species groups in the Puerto
                                                                                                           (9,947 kg), as specified in                           closed effective at 12:01 a.m., local time,
                                                  Rico management area, except for spiny
                                                  lobster, were further allocated between                  § 622.12(a)(1)(ii)(Q).                                on August 13, 2017. Triggerfish and
                                                  the commercial and recreational sectors,                    • The recreational ACL for jacks is                filefish, combined, includes ocean,
                                                  and AMs apply to each of these sectors                   51,001 lb (23,134 kg), as specified in                queen, and sargassum triggerfish;
                                                  separately.                                              § 622.12(a)(1)(ii)(M).                                scrawled and whitespotted filefish; and
                                                     On May 11, 2016, NMFS published                          NMFS has determined that landings                  black durgon;
                                                  the final rule implementing the                          for the species and species groups in                    • The commercial and recreational
                                                  Comprehensive Amendment to the U.S.                      this temporary rule from the Puerto Rico              sectors for spiny lobster are closed
                                                  Caribbean FMPs: Application of AMs                       management area exceeded the                          effective at 12:01 a.m., local time, on
                                                  (81 FR 29166). Among other items, the                    applicable ACLs. Therefore, in                        September 7, 2017;
                                                  final rule clarified that the spiny lobster              accordance with regulations at 50 CFR                    • The commercial sector for Snapper
                                                  ACL for the Puerto Rico management                       622.12(a), the Assistant Administrator                Unit 2 is closed effective at 12:01 a.m.,
                                                  area is applied as a single ACL for both                 for NOAA Fisheries (AA) is filing a                   local time, on September 15, 2017.
                                                  the commercial and recreational sectors,                 notification with the Office of the                   Snapper Unit 2 includes queen and
                                                  consistent with the Council’s intent in                  Federal Register to reduce the lengths of             cardinal snapper;
                                                  the 2011 Caribbean ACL Amendment,                        the fishing seasons for the applicable                   • The recreational sector for
                                                  and the AM applies to both sectors.                      species or species groups in the 2017                 triggerfish and filefish, combined, is
                                                  Additionally, the final rule clarified the               fishing year by the amount necessary to               closed effective at 12:01 a.m., local time,
                                                  fishing restrictions that occur in the                   ensure, to the extent practicable, that               on September 18, 2017. Triggerfish and
                                                  Caribbean EEZ when an ACL is                             landings do not exceed the applicable                 filefish, combined, includes ocean,
                                                  exceeded, and an AM is triggered and                     ACLs. As described in the Reef Fish and               queen, and sargassum triggerfish;
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  implemented. The Puerto Rico                             Spiny Lobster FMPs, and in this                       scrawled and whitespotted filefish; and
                                                  management area encompasses the EEZ                      temporary rule, any required fishing                  black durgon; and
                                                  off Puerto Rico.                                         season reduction will be applied from                    • The recreational sector for jacks is
                                                     In addition, on June 8, 2017, NMFS                    September 30 backward, toward the                     closed effective at 12:01 a.m., local time,
                                                  implemented the final rule for                           beginning of the fishing year. If the                 on September 28, 2017. Jacks includes
                                                  Amendment 8 to the Reef Fish FMP,                        length of the required fishing season                 horse-eye, black, almaco, bar, and
                                                  Amendment 7 to the Spiny Lobster                         reduction exceeds the time period of                  yellow jack; greater amberjack; and blue
                                                  FMP, and Amendment 6 to the FMP for                      January 1 through September 30, any                   runner.


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                                                                        Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations                                        31491

                                                     After these specified closures, on                    unnecessary and contrary to the public                 ADDRESSES:    Copies of the Supplemental
                                                  October 1, 2017, these applicable                        interest. Such procedures are                          Information Report (SIR) and other
                                                  species and species groups will reopen                   unnecessary because the rules                          supporting documents for the
                                                  through December 31, 2017, the end of                    implementing the ACLs and AMs for                      recreational harvest measures are
                                                  the current fishing year.                                these species and species groups have                  available from Dr. Christopher M.
                                                     During the Puerto Rico commercial                     been subject to notice and comment,                    Moore, Executive Director, Mid-Atlantic
                                                  sector closures announced in this                        and all that remains is to notify the                  Fishery Management Council, Suite 201,
                                                  temporary rule for the species above,                    public that the ACLs were exceeded and                 800 N. State Street, Dover, DE 19901.
                                                  except for spiny lobster, which is                       that the AMs are being implemented for                 The recreational harvest measures
                                                  described below, the commercial                          the 2017 fishing year. Prior notice and                document is also accessible via the
                                                  harvest of the indicated species or                      opportunity for public comment on this                 Internet at: http://
                                                  species groups is prohibited. All harvest                action would be contrary to the public                 www.greateratlantic.fisheries.noaa.gov.
                                                  or possession of the indicated species or                interest because many of those affected                  The Final Regulatory Flexibility
                                                  species groups in or from the Puerto                     by the length of the commercial and                    Analysis (FRFA) consists of the IRFA,
                                                  Rico management area is limited to the                   recreational fishing seasons, including                public comments and responses
                                                  recreational bag and possession limits                   commercial operations, and charter                     contained in this final rule, and the
                                                  specified in § 622.437, unless the                       vessel and headboat operations that                    summary of impacts and alternatives
                                                  recreational sector for the species or                   book trips for clients in advance, need                contained in this final rule. Copies of
                                                  species group is closed, and the sale or                 advance notice to adjust their business                the small entity compliance guide are
                                                  purchase of the indicated species or                     plans to account for the reduced                       available from John K. Bullard, Regional
                                                  species group in or from the Puerto Rico                 commercial and recreational fishing                    Administrator, Greater Atlantic Region,
                                                  management area is prohibited.                           seasons.                                               National Marine Fisheries Service, 55
                                                     During the Puerto Rico recreational                                                                          Great Republic Drive, Gloucester, MA
                                                                                                                Authority: 16 U.S.C. 1801 et seq.
                                                  sector closures announced in this                                                                               01930–2298.
                                                  temporary rule for the species above,                      Dated: July 3, 2017.
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                  except for spiny lobster, which is                       Jennifer M. Wallace,
                                                                                                                                                                  Emily Gilbert, Fishery Policy Analyst,
                                                  described below, all recreational harvest                Acting Director, Office of Sustainable                 (978) 281–9244.
                                                  of the indicated species groups is                       Fisheries, National Marine Fisheries Service.
                                                  prohibited, and the recreational bag and                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                           [FR Doc. 2017–14293 Filed 7–6–17; 8:45 am]
                                                  possession limits for the indicated                      BILLING CODE 3510–22–P                                 Summary of Final Management
                                                  species groups in or from the Puerto                                                                            Measures
                                                  Rico management area are zero.
                                                     During the Puerto Rico spiny lobster                  DEPARTMENT OF COMMERCE                                    In this rule, NMFS specifies
                                                  closure announced in this temporary                                                                             management measures for the 2017
                                                  rule, both the commercial and                            National Oceanic and Atmospheric                       summer flounder and scup recreational
                                                  recreational sectors for spiny lobster are               Administration                                         fisheries consistent with the
                                                  closed. The harvest, possession,                                                                                recommendations of the Mid-Atlantic
                                                  purchase, or sale of spiny lobster in or                 50 CFR Part 648                                        Fishery Management Council and the
                                                  from the Puerto Rico management area                                                                            Atlantic States Marine Fisheries
                                                                                                           [Docket No. 170314268–7582–0]                          Commission.
                                                  is prohibited. The bag and possession
                                                  limits for spiny lobster in or from the                  RIN 0648–BG68                                             NMFS is implementing measures that
                                                  Puerto Rico management area are zero.                                                                           apply in the Federal waters of the
                                                                                                           Fisheries of the Northeastern United                   exclusive economic zone. These
                                                  Classification                                           States; Recreational Management                        measures apply to all federally-
                                                     The Regional Administrator for the                    Measures for the Summer Flounder                       permitted party/charter vessels with
                                                  NMFS Southeast Region has determined                     and Scup Fisheries; Fishing Year 2017                  applicable summer flounder and scup
                                                  this temporary rule is necessary for the                                                                        permits, regardless of where they fish,
                                                  conservation and management of the                       AGENCY:  National Marine Fisheries                     unless the state in which they land
                                                  species and species groups included in                   Service (NMFS), National Oceanic and                   implements measures that are more
                                                  this temporary rule, in the Puerto Rico                  Atmospheric Administration (NOAA),                     restrictive. These measures are intended
                                                  management area, and is consistent with                  Commerce.                                              to achieve, but not exceed, the
                                                  the Magnuson-Stevens Act and other                       ACTION: Final rule.                                    previously established 2017 recreational
                                                  applicable laws.                                                                                                harvest limits for scup published on
                                                     This action is taken under 50 CFR                     SUMMARY:    In this rule, NMFS                         December 28, 2015 (80 FR 80689), and
                                                  622.12(a) and is exempt from review                      implements management measures for                     for summer flounder published on
                                                  under Executive Order 12866.                             the 2017 summer flounder and scup                      December 22, 2016 (81 FR 93842).
                                                     These measures are exempt from the                    recreational fisheries. The implementing
                                                                                                           regulations for these fisheries require                Summer Flounder Recreational
                                                  procedures of the Regulatory Flexibility
                                                                                                           NMFS to publish recreational measures                  Management Measures
                                                  Act because the temporary rule is issued
                                                  without opportunity for prior notice and                 for the fishing year. The intent of these                NMFS is implementing conservation
                                                  comment.                                                 measures is to constrain recreational                  equivalency to manage the 2017
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                                                     This action responds to the best                      catch to established limits and prevent                summer flounder recreational fishery, as
                                                  scientific information available. The AA                 overfishing of the summer flounder and                 proposed on April 19, 2017 (82 FR
                                                  finds good cause to waive the                            scup resources.                                        18411). These measures are consistent
                                                  requirements to provide prior notice                     DATES: This rule is effective July 7,                  with the recommendation of the Council
                                                  and opportunity for public comment                       2017. The management measures for the                  and Commission. Additional
                                                  pursuant to the authority set forth at 5                 2017 summer flounder and scup                          information on the development of the
                                                  U.S.C. 553(b)(B) as such prior notice                    recreational fisheries are effective July 7,           2017 measures is provided in the
                                                  and opportunity for public comment is                    2017, through December 31, 2017.                       proposed rule and not repeated here.


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Document Created: 2017-07-07 02:20:07
Document Modified: 2017-07-07 02:20:07
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
ActionTemporary rule; closures.
DatesThis rule is effective August 7, 2017, until 12:01 a.m., local time, on October 1, 2017. The AM-based closures apply in the Puerto Rico management area for the following species and species groups, and fishing sectors, at the times and dates specified below, until 12:01 a.m., local time, on October 1, 2017.
ContactMar[iacute]a del Mar L[oacute]pez, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation82 FR 31489 
RIN Number0648-XF48

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