82 FR 56917 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Regulatory Amendment 6 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 230 (December 1, 2017)

Page Range		56917-56921
FR Document		2017-25847
NMFS issues regulations to implement the measures described in Regulatory Amendment 6 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) (FMP), as prepared and submitted by the Caribbean Fishery Management Council (Council). This final rule revises the method used to trigger the application of accountability measures (AM) for Council-managed reef fish species or species groups in the exclusive economic zone (EEZ) off Puerto Rico. The purpose of this final rule is to increase the likelihood that optimum yield (OY) is achieved on a continuing basis and to minimize, to the extent practicable, adverse socio-economic effects of AM-based closures.
Federal Register, Volume 82 Issue 230 (Friday, December 1, 2017)
[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56917-56921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25847]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170510477-7999-02]
RIN 0648-BG88


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Regulatory Amendment 6 to the Reef Fish Fishery Management Plan 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.

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SUMMARY: NMFS issues regulations to implement the measures described in 
Regulatory Amendment 6 to the Fishery Management Plan for the Reef Fish 
Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) (FMP), as 
prepared and submitted by the Caribbean Fishery Management Council 
(Council). This final rule revises the method used to trigger the 
application of accountability measures (AM) for Council-managed reef 
fish species or species groups in the exclusive economic zone (EEZ) off 
Puerto Rico. The purpose of this final rule is to increase the 
likelihood that optimum yield (OY) is achieved on a continuing basis 
and to minimize, to the extent practicable, adverse socio-economic 
effects of AM-based closures.

DATES: This final rule is effective January 2, 2018.

ADDRESSES: Electronic copies of Regulatory Amendment 6, which includes 
an environmental assessment, a Regulatory Flexibility Act (RFA) 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/index.html.

FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, telephone: 727-824-
5305; email: [email protected].

SUPPLEMENTARY INFORMATION: In the U.S. Caribbean EEZ, the reef fish 
fishery is managed under the FMP. The FMP was prepared by the Council 
and is 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 September 19, 2017, NMFS published a proposed rule for 
Regulatory Amendment 6 and requested public comment (82 FR 43733). The 
proposed rule and Regulatory Amendment 6 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the Regulatory Amendment 6 and implemented by 
this final rule is provided below.
    The current AMs in the EEZ off Puerto Rico, applicable to Council-
managed reef fish species or species groups, require NMFS to reduce the 
length of the Federal fishing season in the fishing year following a 
determination that landings for a species or species group exceeded the 
applicable sector annual catch limit (ACL). As specified in the FMP, 
the landings determination is based on the applicable 3-year landings 
average. Currently, an AM-based closure is triggered and applied when 
the sector ACL is exceeded, even if the total ACL (i.e., combined 
commercial and recreational ACLs) for a species or species group is not 
exceeded. For all Council-managed reef fish species or species groups, 
the total ACL equals the annual estimate of OY and is set at a level 
that is considered to be sustainable for the species or species group. 
Therefore, the application of the current AM for Puerto Rico reef fish 
could translate into yield below the OY from the affected species or 
species group (if the sector ACL is exceeded, but the total ACL is 
not), potentially resulting in negative socio-economic impacts.
    Sector-specific data are not available for other federally-managed 
species in

[[Page 56918]]

the EEZ off Puerto Rico (e.g., queen conch, spiny lobster) or for other 
federally-managed species or species groups in the U.S. Caribbean EEZ, 
so those species and species groups are not included in Regulatory 
Amendment 6. Therefore, Regulatory Amendment 6 and this proposed rule 
apply only to federally-managed reef fish species and species groups in 
the EEZ off Puerto Rico.

Management Measure Contained in This Final Rule

    This final rule revises the trigger for implementing AM-based 
fishing season reductions for all reef fish species or species groups 
managed by the Council in the EEZ off Puerto Rico. Specifically, an AM-
based closure will be triggered only when both the applicable sector 
(recreational or commercial) ACL and the total ACL for a species or 
species group are exceeded. If both the sector ACL and the total ACL 
are exceeded, the AM will be applied to the sector or sectors that 
experienced the overage. The duration of any implemented AM-based 
closure will continue to be based on the extent to which the applicable 
sector ACL was exceeded and will be calculated and applied using the 
current practices and methods. However, consistent with the current 
regulations, if NMFS determines that either the sector or total ACL was 
exceeded because of enhanced data collection and monitoring efforts, 
instead of an increase in catch, NMFS will not reduce the length of the 
fishing season.
    This final rule to implement Regulatory Amendment 6 is expected to 
increase the likelihood that OY is achieved on a continuing basis and 
to minimize adverse socio-economic effects from the implementation of 
AMs, while still helping to ensure that AM-based closures constrain 
harvest to the total ACL and prevent overfishing. Modifying the AM 
trigger for a fishing season reduction, from an overage of the sector 
ACL to an overage of both the sector and the total ACL, increases the 
likelihood that OY for a species or species group will be achieved on a 
continuing basis. Additionally, the revision to the AM is likely to 
result in the AM being triggered less frequently and thereby result in 
fewer fishing season reductions. Sector fishing season reductions that 
are shorter in duration and that may occur less frequently are expected 
to result in increased socio-economic benefits to the applicable sector 
and the associated fishing communities. NMFS notes that the method for 
calculating the landings determination using the 3-year landings 
average for a species or species group will not change through this 
final rule.
    NMFS notes that in the codified text for this final rule, 
amendatory instruction 2 revises the entire Sec.  622.12. While this 
final rule only affects management in Puerto Rico Federal waters, the 
section as a whole is revised as a result of the action to more clearly 
and distinctly describe the AMs and ACLs throughout the U.S. Caribbean 
EEZ. This final rule also revises some regulatory citations within 
Sec. Sec.  622.12 and 622.491 to reflect changes made to the regulatory 
text as a result of this final rule.

Comments and Responses

    NMFS received three total comments on the proposed rule. One 
comment expressed overall support for the amendment and the rule. One 
comment was not related to the action in the amendment or the proposed 
rule. The other comment, as well as NMFS' response, is summarized 
below.
    Comment 1: The AM closure trigger should not be revised to allow a 
given sector to stay open and continue fishing after it has reached its 
ACL as any harvest in excess of the sector ACL is not sustainable. 
Fishing within each sector must be sustainable to avoid negative 
economic impact.
    Response: NMFS disagrees. Under the current application of AMs for 
Council-managed reef fish in Puerto Rico, yield may be below the OY for 
a species or species group over time. The Council developed Regulatory 
Amendment 6 as a means to increase the likelihood that OY for a species 
or species group will be achieved on a continuing basis while 
preventing overfishing, and, to the extent practicable, minimizing 
adverse socio-economic effects to fishers and fishing communities from 
the application of AMs. For all Council-managed reef fish species or 
species groups, the total ACL equals an annual estimate of OY and is 
set at a level that is considered to be sustainable for the species or 
species group. Therefore, the application of the current AM for Puerto 
Rico reef fish could translate into yield below the OY from the 
affected species or species group (if the sector ACL is exceeded, but 
the total ACL is not), potentially resulting in negative socio-economic 
impacts. Since sector-specific data is available for reef fish species 
or species groups in the EEZ off Puerto Rico, sector-specific ACLs were 
established, yet the overall health of the stocks continues to be 
managed in relation to the total ACL. Ensuring that the total ACL for a 
stock is not exceeded, even if there is a specific sector ACL overage, 
maintains the overall health of the stock and is also consistent with 
the use of AMs for reef fish throughout the rest of the Caribbean EEZ, 
where fishing is not managed by sectors. The AM trigger revision in 
this final rule increases the likelihood that OY for a species or 
species group will be achieved on a continuing basis without reducing 
the long-term sustainability of the resource.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Regulatory Amendment 6, 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. 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, Puerto Rico.

    Dated: November 27, 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. Revise Sec.  622.12 to read as follows:

[[Page 56919]]

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

    (a) Puerto Rico management area. See appendix E of this part for 
specification of the Puerto Rico management area.
    (1) Queen conch. See Sec.  622.491 regarding seasonal and area 
closure provisions and ACL closure provisions applicable to queen 
conch.
    (i) Commercial ACL. For the EEZ only, 0 lb (0 kg), round weight.
    (ii) Recreational ACL. For the EEZ only, 0 lb (0 kg), round weight.
    (2) Reef fish. Landings will be evaluated relative to the 
applicable ACL based on a moving multi-year average of landings, as 
described in the FMP. With the exceptions of goliath grouper, Nassau 
grouper, midnight parrotfish, blue parrotfish, and rainbow parrotfish, 
ACLs are based on the combined Caribbean EEZ and territorial landings 
for the Puerto Rico management area. As described in the FMP, for each 
species or species group in this paragraph (a)(2), any fishing season 
reduction required under paragraph (a)(2)(i) or (ii) of this section 
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.
    (i) Commercial sector. If commercial landings, as estimated by the 
SRD, have exceeded the applicable species or species group commercial 
ACL, as specified in this paragraph (a)(2)(i), and the combined 
commercial and recreational landings have exceeded the applicable 
combined commercial and recreational sector ACL (total ACL), as 
specified in paragraph (a)(2)(iii) of this section, 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 for the 
commercial sector that year by the amount necessary to ensure that 
commercial landings do not exceed the applicable commercial ACL for the 
species or species group. If NMFS determines that either the applicable 
commercial ACL or total ACL for a particular species or species group 
was exceeded because of enhanced data collection and monitoring efforts 
instead of an increase in catch of the species or species group, NMFS 
will not reduce the length of the commercial fishing season for the 
applicable species or species group the following fishing year. The 
commercial ACLs, in round weight, are as follows:
    (A) Parrotfishes--52,737 lb (23,915 kg).
    (B) Snapper Unit 1--284,685 lb (129,131 kg).
    (C) Snapper Unit 2--145,916 lb (66,186 kg).
    (D) Snapper Unit 3--345,775 lb (156,841 kg).
    (E) Snapper Unit 4--373,295 lb (169,324 kg).
    (F) Groupers--177,513 lb (80,519 kg).
    (G) Angelfish--8,984 lb (4,075 kg).
    (H) Boxfish--86,115 lb (39,061 kg).
    (I) Goatfishes--17,565 lb (7,967 kg).
    (J) Grunts--182,396 lb (82,733 kg).
    (K) Wrasses--54,147 lb (24,561 kg).
    (L) Jacks--86,059 lb (39,036 kg).
    (M) Scups and porgies, combined--24,739 lb (11,221 kg).
    (N) Squirrelfish--16,663 lb (7,558 kg).
    (O) Surgeonfish--7,179 lb (3,256 kg).
    (P) Triggerfish and filefish, combined--58,475 lb (26,524 kg).
    (ii) Recreational sector. If recreational landings, as estimated by 
the SRD, have exceeded the applicable species or species group 
recreational ACL, as specified in this paragraph (a)(2)(ii), and the 
combined commercial and recreational landings have exceeded the 
applicable combined commercial and recreational sector ACL (total ACL), 
as specified in paragraph (a)(2)(iii) of this section, 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 for the 
recreational sector that year by the amount necessary to ensure that 
recreational landings do not exceed the applicable species or species 
group recreational ACL. If NMFS determines that either the applicable 
recreational ACL or total ACL for a particular species or species group 
was exceeded because of enhanced data collection and monitoring efforts 
instead of an increase in 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. The recreational 
ACLs, in round weight, are as follows:
    (A) Parrotfishes--15,263 lb (6,921 kg).
    (B) Snapper Unit 1--95,526 lb (43,330 kg).
    (C) Snapper Unit 2--34,810 lb (15,790 kg).
    (D) Snapper Unit 3--83,158 lb (37,720 kg).
    (E) Snapper Unit 4--28,509 lb (12,931 kg).
    (F) Groupers--77,213 lb (35,023 kg).
    (G) Angelfish--4,492 lb (2,038 kg).
    (H) Boxfish--4,616 lb (2,094 kg).
    (I) Goatfishes--362 lb (164 kg).
    (J) Grunts--5,028 lb (2,281 kg).
    (K) Wrasses--5,050 lb (2,291 kg).
    (L) Jacks--51,001 lb (23,134 kg).
    (M) Scups and porgies, combined--2,577 lb (1,169 kg).
    (N) Squirrelfish--3,891 lb (1,765 kg).
    (O) Surgeonfish--3,590 lb (1,628 kg).
    (P) Triggerfish and filefish, combined--21,929 lb (9,947 kg).
    (iii) Total ACLs. The total ACLs (combined commercial and 
recreational ACL), in round weight, are as follows:
    (A) Parrotfishes--68,000 lb (30,844 kg).
    (B) Snapper Unit 1--380,211 lb (172,461 kg).
    (C) Snapper Unit 2--180,726 lb (81,976 kg).
    (D) Snapper Unit 3--428,933 lb (194,561 kg).
    (E) Snapper Unit 4--401,804 lb (182,255 kg).
    (F) Groupers--254,726 lb (115,542 kg).
    (G) Angelfish--13,476 lb (6,113 kg).
    (H) Boxfish--90,731 lb (41,155 kg).
    (I) Goatfishes--17,927 lb (8,132 kg).
    (J) Grunts--187,424 lb (85,014 kg).
    (K) Wrasses--59,197 lb (26,851 kg).
    (L) Jacks--137,060 lb (62,169 kg).
    (M) Scups and porgies, combined--27,316 lb (kg).
    (N) Squirrelfish--20,554 lb (9,323 kg).
    (O) Surgeonfish--10,769 lb (4,885 kg).
    (P) Triggerfish and filefish, combined--80,404 lb (36,471 kg).
    (3) Spiny lobster. Landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP. The ACL is based on the combined Caribbean EEZ and territorial 
landings for the Puerto Rico management area. If landings, as estimated 
by the SRD, have exceeded the ACL, as specified in this paragraph 
(a)(3), 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 spiny lobster that year by 
the amount necessary to ensure landings do not exceed the ACL. If NMFS 
determines the ACL was exceeded because of enhanced data collection and 
monitoring efforts instead of an increase in total catch, NMFS will not 
reduce the length of the fishing season the following fishing year. As 
described in the FMP, any fishing season reduction required as a result 
of this paragraph (a)(3) 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

[[Page 56920]]

1 forward, toward the end of the fishing year. The ACL is 327,920 lb 
(148,742 kg), round weight.
    (b) St. Croix management area. See appendix E of this part for 
specification of the St. Croix management area.
    (1) Queen conch. See Sec.  622.491 regarding seasonal and area 
closure provisions and ACL closure provisions applicable to queen 
conch. The ACL is 50,000 lb (22,680 kg), round weight.
    (2) Reef fish. Landings will be evaluated relative to the 
applicable ACL based on a moving multi-year average of landings, as 
described in the FMP. With the exception of goliath grouper, Nassau 
grouper, midnight parrotfish, blue parrotfish, and rainbow parrotfish, 
ACLs are based on the combined Caribbean EEZ and territorial landings 
for the St. Croix management area. If landings, as estimated by the 
SRD, have exceeded the applicable ACL for a species or species group, 
as specified in this paragraph (b)(2), 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 group that year by the amount 
necessary to ensure landings do not exceed the applicable ACL. 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. As 
described in the FMP, for each species or species group in this 
paragraph (b)(2), any fishing season reduction required as a result of 
this paragraph (b)(2) 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. The ACLs, 
in round weight, are as follows:
    (i) Parrotfishes--240,000 lb (108,863 kg).
    (ii) Snappers--102,946 lb (46,696 kg).
    (iii) Groupers--30,435 lb (13,805 kg).
    (iv) Angelfish--305 lb (138 kg).
    (v) Boxfish--8,433 lb (3,825 kg).
    (vi) Goatfishes--3,766 lb (1,708 kg).
    (vii) Grunts--36,881 lb (16,729 kg).
    (viii) Wrasses--7 lb (3 kg).
    (ix) Jacks--15,489 lb (7,076 kg).
    (x) Scups and porgies, combined--4,638 lb (2,104 kg).
    (xi) Squirrelfish--121 lb (55 kg).
    (xii) Surgeonfish--33,603 lb (15,242 kg).
    (xiii) Triggerfish and filefish, combined--24,980 lb (11,331 kg).
    (3) Spiny lobster. Landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP. The ACL is based on the combined Caribbean EEZ and territorial 
landings for the St. Croix management area. If landings, as estimated 
by the SRD, have exceeded the ACL, as specified in this paragraph 
(b)(3), 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 that year by the amount 
necessary to ensure landings do not exceed the ACL. If NMFS determines 
the ACL was exceeded because of enhanced data collection and monitoring 
efforts instead of an increase in total catch, NMFS will not reduce the 
length of the fishing season for the following fishing year. As 
described in the FMP, any fishing season reduction required as a result 
of this paragraph (b)(3) 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. The ACL is 
107,307 lb (48,674 kg), round weight.
    (c) St. Thomas/St. John management area. See appendix E of this 
part for specification of the St. Thomas/St. John management area.
    (1) Queen conch. See Sec.  622.491 regarding seasonal and area 
closure provisions and ACL closure provisions applicable to queen 
conch. The ACL is 0 lb (0 kg), round weight, for the EEZ only.
    (2) Reef fish. Landings will be evaluated relative to the 
applicable ACL based on a moving multi-year average of landings, as 
described in the FMP. With the exception of goliath grouper, Nassau 
grouper, midnight parrotfish, blue parrotfish, and rainbow parrotfish, 
ACLs are based on the combined Caribbean EEZ and territorial landings 
for St. Thomas/St. John management area. If landings, as estimated by 
the SRD, have exceeded the applicable ACL for a species or species 
group, as specified in this paragraph (c)(2), 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 group that year by 
the amount necessary to ensure landings do not exceed the applicable 
ACL. 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. As 
described in the FMP, for each species or species group in this 
paragraph (c)(2), any fishing season reduction required as a result of 
this paragraph (c)(2) 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. The ACLs, 
in round weight, are as follows:
    (i) Parrotfishes--42,500 lb (19,278 kg).
    (ii) Snappers--133,775 lb (60,679 kg).
    (iii) Groupers--51,849 lb (23,518 kg).
    (iv) Angelfish--7,897 lb (3,582 kg).
    (v) Boxfish--27,880 lb (12,646 kg).
    (vi) Goatfishes--320 lb (145 kg).
    (vii) Grunts--37,617 lb (17,063 kg).
    (viii) Wrasses--585 lb (265 kg).
    (ix) Jacks--52,907 lb (23,998 kg).
    (x) Scups and porgies, combined--21,819 lb (9,897 kg).
    (xi) Squirrelfish--4,241 lb (1,924 kg).
    (xii) Surgeonfish--29,249 lb (13,267 kg).
    (xiii) Triggerfish and filefish, combined--74,447 lb (33,769 kg).
    (3) Spiny lobster. Landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP. The ACL is based on the combined Caribbean EEZ and territorial 
landings for the St. Thomas/St. John management area. If landings, as 
estimated by the SRD, have exceeded the ACL, as specified in this 
paragraph (c)(3), 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 that year by the 
amount necessary to ensure landings do not exceed the ACL. If NMFS 
determines the ACL was exceeded because of enhanced data collection and 
monitoring efforts instead of an increase in total catch, NMFS will not 
reduce the length of the fishing season for the following fishing year. 
As described in the FMP, any fishing season reduction required as a 
result of this paragraph (c)(3) 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

[[Page 56921]]

September 30, any additional fishing season reduction will be applied 
from October 1 forward, toward the end of the fishing year. The ACL is 
104,199 lb (47,264 kg), round weight.
    (d) Caribbean EEZ. Landings will be evaluated relative to the 
applicable ACL based on a moving multi-year average of landings, as 
described in the FMPs. The ACLs are based on the combined Caribbean EEZ 
and territorial landings, throughout the Caribbean EEZ. If landings 
from the Caribbean EEZ for tilefish and aquarium trade species, as 
estimated by the SRD, have exceeded the applicable ACL, as specified in 
this paragraph (d), 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. If NMFS determines the 
applicable ACL was exceeded because of enhanced data collection and 
monitoring efforts instead of an increase in total catch, NMFS will not 
reduce the length of the fishing season for the following fishing year. 
As described in the FMPs, for each species or species group in this 
paragraph (d), any fishing season reduction required as a result of 
this paragraph (d) 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. The ACLs, 
in round weight, are as follows:
    (1) Tilefish--14,642 lb (6,641 kg).
    (2) Aquarium trade species--8,155 lb (3,699 kg).
    (e) Closure provisions--(1) Restrictions applicable after a Puerto 
Rico closure. (i) Restrictions applicable after a Puerto Rico 
commercial closure for reef fish species or species groups. During the 
closure period announced in the notification filed pursuant to 
paragraph (a)(2)(i) of this section, the commercial sector for species 
or species groups included in the notification is closed and such 
species or species groups in or from the Puerto Rico management area 
may not be purchased or sold. Harvest or possession of such species or 
species groups in or from the Puerto Rico management area is limited to 
the recreational bag and possession limits unless the recreational 
sector for the species or species group is closed and the restrictions 
specified in paragraph (e)(1)(iii) of this section apply.
    (ii) Restrictions applicable after a Puerto Rico recreational 
closure for reef fish species or species groups. During the closure 
period announced in the notification filed pursuant to paragraph 
(a)(2)(ii) of this section, the recreational sector for species or 
species groups included in the notification is closed and the 
recreational bag and possession limits for such species or species 
groups in or from the Puerto Rico management area are zero. If the 
seasons for both the commercial and recreational sectors for such 
species or species groups are closed, the restrictions specified in 
paragraph (e)(1)(iii) of this section apply.
    (iii) Restrictions applicable when both Puerto Rico commercial and 
Puerto Rico recreational sectors for reef fish species or species 
groups are closed. If the seasons for both the commercial and 
recreational sectors for a species or species group are closed, such 
species or species groups in or from the Puerto Rico management area 
may not be harvested, possessed, purchased, or sold, and the bag and 
possession limits for such species or species groups in or from the 
Puerto Rico management area are zero.
    (iv) Restrictions applicable after a spiny lobster closure in 
Puerto Rico. During the closure period announced in the notification 
filed pursuant to paragraph (a)(3) of this section, both the commercial 
and recreational sectors are closed. Spiny lobster in or from the 
Puerto Rico management area may not be harvested, possessed, purchased, 
or sold, and the bag and possession limits for spiny lobster in or from 
the Puerto Rico management area are zero.
    (2) Restrictions applicable after a St. Croix, St. Thomas/St. John, 
or Caribbean EEZ closure. During the closure period announced in the 
notification filed pursuant to paragraph (b), (c), or (d) of this 
section, such species or species groups in or from the applicable 
management area of the Caribbean EEZ may not be harvested, possessed, 
purchased, or sold, and the bag and possession limits for such species 
or species groups in or from the applicable management area of the 
Caribbean EEZ are zero.

0
3. In Sec.  622.491, revise the first sentence of paragraph (b) to read 
as follows:


Sec.  622.491  Seasonal and area closures.

* * * * *
    (b) Pursuant to the procedures and criteria established in the FMP 
for Queen Conch Resources in Puerto Rico and the U.S. Virgin Islands, 
when the ACL, as specified in Sec.  622.12(b)(1), is reached or 
projected to be reached, the Regional Administrator will close the 
Caribbean EEZ to the harvest and possession of queen conch, in the area 
east of 64[deg]34' W. longitude which includes Lang Bank, east of St. 
Croix, U.S. Virgin Islands, by filing a notification of closure with 
the Office of the Federal Register. * * *

[FR Doc. 2017-25847 Filed 11-30-17; 8:45 am]
 BILLING CODE 3510-22-P
Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations 56917

Federal Communications Commission. (2) Any system used to record CPN DATES: This final rule is effective
Katura Jackson, must be operated in a secure way, January 2, 2018.
Federal Register Liaison Officer, Office of the limiting access to designated ADDRESSES: Electronic copies of
Secretary. telecommunications and security Regulatory Amendment 6, which
Final Rules personnel, as directed by law includes an environmental assessment,
enforcement; a Regulatory Flexibility Act (RFA)
For the reasons discussed in the (3) Telecommunications and security analysis, and a regulatory impact
preamble, the Federal Communications personnel, as directed by law review, may be obtained from the
Commission amends 47 CFR part 64 as enforcement, may access restricted CPN Southeast Regional Office Web site at
follows: data only when investigating phone http://sero.nmfs.noaa.gov/sustainable_
calls of a threatening and serious nature, fisheries/caribbean/index.html.
PART 64—MISCELLANEOUS RULES
and shall document that access as part FOR FURTHER INFORMATION CONTACT:
RELATING TO COMMON CARRIERS
of the investigative report; Sarah Stephenson, telephone: 727–824–
■ 1. The authority citation for part 64 (4) Carriers transmitting restricted 5305; email: sarah.stephenson@
continues to read as follows: CPN information must take reasonable noaa.gov.
measures to ensure security of such SUPPLEMENTARY INFORMATION: In the U.S.
Authority: 47 U.S.C. 154, 225, 254(k),
403(b)(2)(B), (c), 715, Pub. L. 104–104, 110 communications; Caribbean EEZ, the reef fish fishery is
Stat. 56. Interpret or apply 47 U.S.C. 201, (5) CPN information must be managed under the FMP. The FMP was
218, 222, 225, 226, 227, 228, 254(k), 616, 620, destroyed in a secure manner after a prepared by the Council and is
and the Middle Class Tax Relief and Job reasonable retention period; and implemented through regulations at 50
Creation Act of 2012, Pub. L. 112–96, unless (6) Any violation of these conditions
otherwise noted. CFR part 622 under the authority of the
must be reported promptly to the Magnuson-Stevens Fishery
■ 2. Amend § 64.1600 by adding Commission. Conservation and Management Act
paragraph (l) to read as follows: [FR Doc. 2017–25917 Filed 11–30–17; 8:45 am]
(Magnuson-Stevens Act) (16 U.S.C. 1801
BILLING CODE 6712–01–P
§ 64.1600 Definitions. et seq.).
On September 19, 2017, NMFS
* * * * *
(l) Threatening Call. The term published a proposed rule for
DEPARTMENT OF COMMERCE Regulatory Amendment 6 and requested
‘‘threatening call’’ is any call that
conveys an emergency involving danger public comment (82 FR 43733). The
National Oceanic and Atmospheric proposed rule and Regulatory
of death or serious physical injury to Administration
any person requiring disclosure without Amendment 6 outline the rationale for
delay of information relating to the the actions contained in this final rule.
50 CFR Part 622 A summary of the management
emergency.
[Docket No. 170510477–7999–02] measures described in the Regulatory
■ 3. Amend § 64.1601 by revising Amendment 6 and implemented by this
paragraph (d)(4)(ii) and by adding RIN 0648–BG88
final rule is provided below.
paragraphs (f) and (g) to read as follows: The current AMs in the EEZ off
Fisheries of the Caribbean, Gulf of
§ 64.1601 Delivery requirements and Mexico, and South Atlantic; Regulatory Puerto Rico, applicable to Council-
privacy restrictions. Amendment 6 to the Reef Fish Fishery managed reef fish species or species
(d) * * * Management Plan of Puerto Rico and groups, require NMFS to reduce the
(4) * * * the U.S. Virgin Islands length of the Federal fishing season in
(ii) Is used on a public agency’s the fishing year following a
emergency telephone line or in AGENCY: National Marine Fisheries determination that landings for a
conjunction with 911 emergency Service (NMFS), National Oceanic and species or species group exceeded the
services, on a telephone line to contact Atmospheric Administration (NOAA), applicable sector annual catch limit
non-public emergency services licensed Commerce. (ACL). As specified in the FMP, the
by the state or municipality, or on any ACTION: Final rule. landings determination is based on the
entity’s emergency assistance poison applicable 3-year landings average.
control telephone line; or SUMMARY: NMFS issues regulations to Currently, an AM-based closure is
* * * * * implement the measures described in triggered and applied when the sector
(f) Paragraph (b) of this section shall Regulatory Amendment 6 to the Fishery ACL is exceeded, even if the total ACL
not apply when CPN delivery is made Management Plan for the Reef Fish (i.e., combined commercial and
in connection with a threatening call. Fishery of Puerto Rico and the U.S. recreational ACLs) for a species or
Upon report of such a threatening call Virgin Islands (USVI) (FMP), as species group is not exceeded. For all
by law enforcement on behalf of the prepared and submitted by the Council-managed reef fish species or
threatened party, the carrier will Caribbean Fishery Management Council species groups, the total ACL equals the
provide any CPN of the calling party to (Council). This final rule revises the annual estimate of OY and is set at a
law enforcement and, as directed by law method used to trigger the application level that is considered to be sustainable
enforcement, to security personnel for of accountability measures (AM) for for the species or species group.
the called party for the purpose of Council-managed reef fish species or Therefore, the application of the current
identifying the party responsible for the species groups in the exclusive AM for Puerto Rico reef fish could
jstallworth on DSKBBY8HB2PROD with RULES

threatening call. economic zone (EEZ) off Puerto Rico. translate into yield below the OY from
(g) For law enforcement or security The purpose of this final rule is to the affected species or species group (if
personnel of the called party increase the likelihood that optimum the sector ACL is exceeded, but the total
investigating the threat: yield (OY) is achieved on a continuing ACL is not), potentially resulting in
(1) The CPN on incoming restricted basis and to minimize, to the extent negative socio-economic impacts.
calls may not be passed on to the line practicable, adverse socio-economic Sector-specific data are not available
called; effects of AM-based closures. for other federally-managed species in

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the EEZ off Puerto Rico (e.g., queen average for a species or species group overall health of the stock and is also
conch, spiny lobster) or for other will not change through this final rule. consistent with the use of AMs for reef
federally-managed species or species NMFS notes that in the codified text fish throughout the rest of the Caribbean
groups in the U.S. Caribbean EEZ, so for this final rule, amendatory EEZ, where fishing is not managed by
those species and species groups are not instruction 2 revises the entire § 622.12. sectors. The AM trigger revision in this
included in Regulatory Amendment 6. While this final rule only affects final rule increases the likelihood that
Therefore, Regulatory Amendment 6 management in Puerto Rico Federal OY for a species or species group will
and this proposed rule apply only to waters, the section as a whole is revised be achieved on a continuing basis
federally-managed reef fish species and as a result of the action to more clearly without reducing the long-term
species groups in the EEZ off Puerto and distinctly describe the AMs and sustainability of the resource.
Rico. ACLs throughout the U.S. Caribbean
EEZ. This final rule also revises some Classification
Management Measure Contained in regulatory citations within §§ 622.12
This Final Rule The Regional Administrator,
and 622.491 to reflect changes made to Southeast Region, NMFS has
This final rule revises the trigger for the regulatory text as a result of this determined that this final rule is
implementing AM-based fishing season final rule. consistent with Regulatory Amendment
reductions for all reef fish species or Comments and Responses 6, the FMPs, the Magnuson-Stevens Act,
species groups managed by the Council and other applicable law.
NMFS received three total comments
in the EEZ off Puerto Rico. Specifically, This final rule has been determined to
on the proposed rule. One comment
an AM-based closure will be triggered be not significant for purposes of
expressed overall support for the
only when both the applicable sector Executive Order 12866.
amendment and the rule. One comment
(recreational or commercial) ACL and The Magnuson-Stevens Act provides
was not related to the action in the
the total ACL for a species or species the statutory basis for this rule. No
amendment or the proposed rule. The
group are exceeded. If both the sector duplicative, overlapping, or conflicting
other comment, as well as NMFS’
ACL and the total ACL are exceeded, the Federal rules have been identified. In
response, is summarized below.
AM will be applied to the sector or Comment 1: The AM closure trigger addition, no new reporting, record-
sectors that experienced the overage. should not be revised to allow a given keeping, or other compliance
The duration of any implemented AM- sector to stay open and continue fishing requirements are introduced by this
based closure will continue to be based after it has reached its ACL as any final rule.
on the extent to which the applicable harvest in excess of the sector ACL is
sector ACL was exceeded and will be The Chief Counsel for Regulation of
not sustainable. Fishing within each the Department of Commerce certified
calculated and applied using the current sector must be sustainable to avoid
practices and methods. However, to the Chief Counsel for Advocacy of the
negative economic impact. Small Business Administration during
consistent with the current regulations, Response: NMFS disagrees. Under the
if NMFS determines that either the the proposed rule stage that this rule
current application of AMs for Council- would not have a significant adverse
sector or total ACL was exceeded managed reef fish in Puerto Rico, yield
because of enhanced data collection and economic impact on a substantial
may be below the OY for a species or number of small entities. The factual
monitoring efforts, instead of an species group over time. The Council
increase in catch, NMFS will not reduce basis for this determination was
developed Regulatory Amendment 6 as published in the proposed rule and is
the length of the fishing season. a means to increase the likelihood that not repeated here. No changes to this
This final rule to implement OY for a species or species group will final rule were made in response to
Regulatory Amendment 6 is expected to be achieved on a continuing basis while public comments. As a result, a final
increase the likelihood that OY is preventing overfishing, and, to the regulatory flexibility analysis was not
achieved on a continuing basis and to extent practicable, minimizing adverse required and none was prepared.
minimize adverse socio-economic socio-economic effects to fishers and
effects from the implementation of AMs, fishing communities from the List of Subjects in 50 CFR Part 622
while still helping to ensure that AM- application of AMs. For all Council-
Accountability measures, Annual
based closures constrain harvest to the managed reef fish species or species
catch limits, Caribbean, Fisheries,
total ACL and prevent overfishing. groups, the total ACL equals an annual
Fishing, Puerto Rico.
Modifying the AM trigger for a fishing estimate of OY and is set at a level that
season reduction, from an overage of the is considered to be sustainable for the Dated: November 27, 2017.
sector ACL to an overage of both the species or species group. Therefore, the Alan D. Risenhoover,
sector and the total ACL, increases the application of the current AM for Puerto Acting Deputy Assistant Administrator for
likelihood that OY for a species or Rico reef fish could translate into yield Regulatory Programs, National Marine
species group will be achieved on a below the OY from the affected species Fisheries Service.
continuing basis. Additionally, the or species group (if the sector ACL is For the reasons set out in the
revision to the AM is likely to result in exceeded, but the total ACL is not), preamble, 50 CFR part 622 is amended
the AM being triggered less frequently potentially resulting in negative socio- as follows:
and thereby result in fewer fishing economic impacts. Since sector-specific
season reductions. Sector fishing season data is available for reef fish species or PART 622—FISHERIES OF THE
reductions that are shorter in duration species groups in the EEZ off Puerto CARIBBEAN, GULF OF MEXICO, AND
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and that may occur less frequently are Rico, sector-specific ACLs were SOUTH ATLANTIC
expected to result in increased socio- established, yet the overall health of the
economic benefits to the applicable stocks continues to be managed in ■ 1. The authority citation for part 622
sector and the associated fishing relation to the total ACL. Ensuring that continues to read as follows:
communities. NMFS notes that the the total ACL for a stock is not Authority: 16 U.S.C. 1801 et seq.
method for calculating the landings exceeded, even if there is a specific
determination using the 3-year landings sector ACL overage, maintains the ■ 2. Revise § 622.12 to read as follows:

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Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations 56919

§ 622.12 Annual catch limits (ACLs) and year. The commercial ACLs, in round (I) Goatfishes—362 lb (164 kg).
accountability measures (AMs) for weight, are as follows: (J) Grunts—5,028 lb (2,281 kg).
Caribbean island management areas/ (A) Parrotfishes—52,737 lb (23,915 (K) Wrasses—5,050 lb (2,291 kg).
Caribbean EEZ. kg). (L) Jacks—51,001 lb (23,134 kg).
(a) Puerto Rico management area. See (B) Snapper Unit 1—284,685 lb (M) Scups and porgies, combined—
appendix E of this part for specification (129,131 kg). 2,577 lb (1,169 kg).
of the Puerto Rico management area. (C) Snapper Unit 2—145,916 lb (N) Squirrelfish—3,891 lb (1,765 kg).
(1) Queen conch. See § 622.491 (66,186 kg). (O) Surgeonfish—3,590 lb (1,628 kg).
regarding seasonal and area closure (D) Snapper Unit 3—345,775 lb (P) Triggerfish and filefish,
provisions and ACL closure provisions (156,841 kg). combined—21,929 lb (9,947 kg).
applicable to queen conch. (E) Snapper Unit 4—373,295 lb (iii) Total ACLs. The total ACLs
(i) Commercial ACL. For the EEZ (169,324 kg). (combined commercial and recreational
only, 0 lb (0 kg), round weight. (F) Groupers—177,513 lb (80,519 kg). ACL), in round weight, are as follows:
(ii) Recreational ACL. For the EEZ (G) Angelfish—8,984 lb (4,075 kg). (A) Parrotfishes—68,000 lb (30,844
only, 0 lb (0 kg), round weight. (H) Boxfish—86,115 lb (39,061 kg). kg).
(I) Goatfishes—17,565 lb (7,967 kg). (B) Snapper Unit 1—380,211 lb
(2) Reef fish. Landings will be
(J) Grunts—182,396 lb (82,733 kg). (172,461 kg).
evaluated relative to the applicable ACL
(K) Wrasses—54,147 lb (24,561 kg). (C) Snapper Unit 2—180,726 lb
based on a moving multi-year average of (L) Jacks—86,059 lb (39,036 kg). (81,976 kg).
landings, as described in the FMP. With (M) Scups and porgies, combined— (D) Snapper Unit 3—428,933 lb
the exceptions of goliath grouper, 24,739 lb (11,221 kg). (194,561 kg).
Nassau grouper, midnight parrotfish, (N) Squirrelfish—16,663 lb (7,558 kg). (E) Snapper Unit 4—401,804 lb
blue parrotfish, and rainbow parrotfish, (O) Surgeonfish—7,179 lb (3,256 kg). (182,255 kg).
ACLs are based on the combined (P) Triggerfish and filefish, (F) Groupers—254,726 lb (115,542
Caribbean EEZ and territorial landings combined—58,475 lb (26,524 kg). kg).
for the Puerto Rico management area. As (ii) Recreational sector. If recreational (G) Angelfish—13,476 lb (6,113 kg).
described in the FMP, for each species landings, as estimated by the SRD, have (H) Boxfish—90,731 lb (41,155 kg).
or species group in this paragraph (a)(2), exceeded the applicable species or (I) Goatfishes—17,927 lb (8,132 kg).
any fishing season reduction required species group recreational ACL, as (J) Grunts—187,424 lb (85,014 kg).
under paragraph (a)(2)(i) or (ii) of this specified in this paragraph (a)(2)(ii), and (K) Wrasses—59,197 lb (26,851 kg).
section will be applied from September the combined commercial and (L) Jacks—137,060 lb (62,169 kg).
30 backward, toward the beginning of recreational landings have exceeded the (M) Scups and porgies, combined—
the fishing year. If the length of the applicable combined commercial and 27,316 lb (kg).
required fishing season reduction recreational sector ACL (total ACL), as (N) Squirrelfish—20,554 lb (9,323 kg).
exceeds the time period of January 1 specified in paragraph (a)(2)(iii) of this (O) Surgeonfish—10,769 lb (4,885 kg).
through September 30, any additional section, the AA will file a notification (P) Triggerfish and filefish,
fishing season reduction will be applied with the Office of the Federal Register, combined—80,404 lb (36,471 kg).
from October 1 forward, toward the end at or near the beginning of the following (3) Spiny lobster. Landings will be
of the fishing year. fishing year, to reduce the length of the evaluated relative to the ACL based on
(i) Commercial sector. If commercial fishing season for the applicable species a moving multi-year average of landings,
landings, as estimated by the SRD, have or species groups for the recreational as described in the FMP. The ACL is
exceeded the applicable species or sector that year by the amount necessary based on the combined Caribbean EEZ
species group commercial ACL, as to ensure that recreational landings do and territorial landings for the Puerto
specified in this paragraph (a)(2)(i), and not exceed the applicable species or Rico management area. If landings, as
the combined commercial and species group recreational ACL. If estimated by the SRD, have exceeded
recreational landings have exceeded the NMFS determines that either the the ACL, as specified in this paragraph
applicable combined commercial and applicable recreational ACL or total (a)(3), the AA will file a notification
recreational sector ACL (total ACL), as ACL for a particular species or species with the Office of the Federal Register,
specified in paragraph (a)(2)(iii) of this group was exceeded because of at or near the beginning of the following
section, the AA will file a notification enhanced data collection and fishing year, to reduce the length of the
with the Office of the Federal Register, monitoring efforts instead of an increase fishing season for spiny lobster that year
at or near the beginning of the following in catch of the species or species group, by the amount necessary to ensure
fishing year, to reduce the length of the NMFS will not reduce the length of the landings do not exceed the ACL. If
fishing season for the applicable species fishing season for the applicable species NMFS determines the ACL was
or species groups for the commercial or species group the following fishing exceeded because of enhanced data
sector that year by the amount necessary year. The recreational ACLs, in round collection and monitoring efforts
to ensure that commercial landings do weight, are as follows: instead of an increase in total catch,
not exceed the applicable commercial (A) Parrotfishes—15,263 lb (6,921 kg). NMFS will not reduce the length of the
ACL for the species or species group. If (B) Snapper Unit 1—95,526 lb (43,330 fishing season the following fishing
NMFS determines that either the kg). year. As described in the FMP, any
applicable commercial ACL or total ACL (C) Snapper Unit 2—34,810 lb (15,790 fishing season reduction required as a
for a particular species or species group kg). result of this paragraph (a)(3) will be
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was exceeded because of enhanced data (D) Snapper Unit 3—83,158 lb (37,720 applied from September 30 backward,
collection and monitoring efforts kg). toward the beginning of the fishing year.
instead of an increase in catch of the (E) Snapper Unit 4—28,509 lb (12,931 If the length of the required fishing
species or species group, NMFS will not kg). season reduction exceeds the time
reduce the length of the commercial (F) Groupers—77,213 lb (35,023 kg). period of January 1 through September
fishing season for the applicable species (G) Angelfish—4,492 lb (2,038 kg). 30, any additional fishing season
or species group the following fishing (H) Boxfish—4,616 lb (2,094 kg). reduction will be applied from October

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1 forward, toward the end of the fishing (xii) Surgeonfish—33,603 lb (15,242 exceed the applicable ACL. If NMFS
year. The ACL is 327,920 lb (148,742 kg). determines the ACL for a particular
kg), round weight. (xiii) Triggerfish and filefish, species or species group was exceeded
(b) St. Croix management area. See combined—24,980 lb (11,331 kg). because of enhanced data collection and
appendix E of this part for specification (3) Spiny lobster. Landings will be monitoring efforts instead of an increase
of the St. Croix management area. evaluated relative to the ACL based on in total catch of the species or species
(1) Queen conch. See § 622.491 a moving multi-year average of landings, group, NMFS will not reduce the length
regarding seasonal and area closure as described in the FMP. The ACL is of the fishing season for the applicable
provisions and ACL closure provisions based on the combined Caribbean EEZ species or species group the following
applicable to queen conch. The ACL is and territorial landings for the St. Croix fishing year. As described in the FMP,
50,000 lb (22,680 kg), round weight. management area. If landings, as for each species or species group in this
(2) Reef fish. Landings will be estimated by the SRD, have exceeded paragraph (c)(2), any fishing season
evaluated relative to the applicable ACL the ACL, as specified in this paragraph reduction required as a result of this
based on a moving multi-year average of (b)(3), the AA will file a notification paragraph (c)(2) will be applied from
landings, as described in the FMP. With with the Office of the Federal Register, September 30 backward, toward the
the exception of goliath grouper, Nassau at or near the beginning of the following beginning of the fishing year. If the
grouper, midnight parrotfish, blue fishing year, to reduce the length of the length of the required fishing season
parrotfish, and rainbow parrotfish, ACLs fishing season that year by the amount reduction exceeds the time period of
are based on the combined Caribbean necessary to ensure landings do not January 1 through September 30, any
EEZ and territorial landings for the St. exceed the ACL. If NMFS determines additional fishing season reduction will
Croix management area. If landings, as the ACL was exceeded because of be applied from October 1 forward,
estimated by the SRD, have exceeded enhanced data collection and toward the end of the fishing year. The
the applicable ACL for a species or monitoring efforts instead of an increase ACLs, in round weight, are as follows:
species group, as specified in this in total catch, NMFS will not reduce the (i) Parrotfishes—42,500 lb (19,278 kg).
paragraph (b)(2), the AA will file a length of the fishing season for the (ii) Snappers—133,775 lb (60,679 kg).
following fishing year. As described in (iii) Groupers—51,849 lb (23,518 kg).
notification with the Office of the
the FMP, any fishing season reduction (iv) Angelfish—7,897 lb (3,582 kg).
Federal Register, at or near the
required as a result of this paragraph (v) Boxfish—27,880 lb (12,646 kg).
beginning of the following fishing year,
(b)(3) will be applied from September 30 (vi) Goatfishes—320 lb (145 kg).
to reduce the length of the fishing
backward, toward the beginning of the (vii) Grunts—37,617 lb (17,063 kg).
season for the applicable species or (viii) Wrasses—585 lb (265 kg).
fishing year. If the length of the required
species group that year by the amount (ix) Jacks—52,907 lb (23,998 kg).
fishing season reduction exceeds the
necessary to ensure landings do not (x) Scups and porgies, combined—
time period of January 1 through
exceed the applicable ACL. If NMFS 21,819 lb (9,897 kg).
September 30, any additional fishing
determines the ACL for a particular (xi) Squirrelfish—4,241 lb (1,924 kg).
season reduction will be applied from
species or species group was exceeded October 1 forward, toward the end of (xii) Surgeonfish—29,249 lb (13,267
because of enhanced data collection and the fishing year. The ACL is 107,307 lb kg).
monitoring efforts instead of an increase (48,674 kg), round weight. (xiii) Triggerfish and filefish,
in total catch of the species or species (c) St. Thomas/St. John management combined—74,447 lb (33,769 kg).
group, NMFS will not reduce the length area. See appendix E of this part for (3) Spiny lobster. Landings will be
of the fishing season for the applicable specification of the St. Thomas/St. John evaluated relative to the ACL based on
species or species group the following management area. a moving multi-year average of landings,
fishing year. As described in the FMP, (1) Queen conch. See § 622.491 as described in the FMP. The ACL is
for each species or species group in this regarding seasonal and area closure based on the combined Caribbean EEZ
paragraph (b)(2), any fishing season provisions and ACL closure provisions and territorial landings for the St.
reduction required as a result of this applicable to queen conch. The ACL is Thomas/St. John management area. If
paragraph (b)(2) will be applied from 0 lb (0 kg), round weight, for the EEZ landings, as estimated by the SRD, have
September 30 backward, toward the only. exceeded the ACL, as specified in this
beginning of the fishing year. If the (2) Reef fish. Landings will be paragraph (c)(3), the AA will file a
length of the required fishing season evaluated relative to the applicable ACL notification with the Office of the
reduction exceeds the time period of based on a moving multi-year average of Federal Register, at or near the
January 1 through September 30, any landings, as described in the FMP. With beginning of the following fishing year,
additional fishing season reduction will the exception of goliath grouper, Nassau to reduce the length of the fishing
be applied from October 1 forward, grouper, midnight parrotfish, blue season that year by the amount
toward the end of the fishing year. The parrotfish, and rainbow parrotfish, ACLs necessary to ensure landings do not
ACLs, in round weight, are as follows: are based on the combined Caribbean exceed the ACL. If NMFS determines
(i) Parrotfishes—240,000 lb (108,863 EEZ and territorial landings for St. the ACL was exceeded because of
kg). Thomas/St. John management area. If enhanced data collection and
(ii) Snappers—102,946 lb (46,696 kg). landings, as estimated by the SRD, have monitoring efforts instead of an increase
(iii) Groupers—30,435 lb (13,805 kg). exceeded the applicable ACL for a in total catch, NMFS will not reduce the
(iv) Angelfish—305 lb (138 kg). species or species group, as specified in length of the fishing season for the
(v) Boxfish—8,433 lb (3,825 kg). this paragraph (c)(2), the AA will file a following fishing year. As described in
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(vi) Goatfishes—3,766 lb (1,708 kg). notification with the Office of the the FMP, any fishing season reduction
(vii) Grunts—36,881 lb (16,729 kg). Federal Register, at or near the required as a result of this paragraph
(viii) Wrasses—7 lb (3 kg). beginning of the following fishing year, (c)(3) will be applied from September 30
(ix) Jacks—15,489 lb (7,076 kg). to reduce the length of the fishing backward, toward the beginning of the
(x) Scups and porgies, combined— season for the applicable species or fishing year. If the length of the required
4,638 lb (2,104 kg). species group that year by the amount fishing season reduction exceeds the
(xi) Squirrelfish—121 lb (55 kg). necessary to ensure landings do not time period of January 1 through

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Document Created: 2018-10-25 10:45:13
Document Modified: 2018-10-25 10:45:13
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective January 2, 2018.
Contact		Sarah Stephenson, telephone: 727-824- 5305; email: [email protected]
FR Citation		82 FR 56917
RIN Number		0648-BG88
CFR Associated		Accountability Measures; Annual Catch Limits; Caribbean; Fisheries; Fishing and Puerto Rico
82 FR 56917 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Regulatory Amendment 6 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 230 (December 1, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
