[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21475-21477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09360]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160810719-7353-02]
RIN 0648-BG29
Amendments to the Reef Fish, Spiny Lobster, and Corals and Reef
Associated Plants and Invertebrates Fishery Management Plans of Puerto
Rico and the U.S. Virgin Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement measures described in
Amendment 8 to the Fishery Management Plan (FMP) for the Reef Fish
Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) (Reef Fish
FMP), Amendment 7 to the FMP for the Spiny Lobster Fishery of Puerto
Rico and the USVI (Spiny Lobster FMP), and Amendment 6 to the FMP for
Corals and Reef Associated Plants and Invertebrates of Puerto Rico and
the USVI (Coral FMP), as prepared and submitted by the Caribbean
Fishery Management Council (Council). This final rule refers to these
amendments, in combination, as the Accountability Measure (AM) Timing
Amendment. This final rule to implement the AM Timing Amendment
modifies the date for the implementation of AM-based closures for all
species and species groups managed by the Council under the subject
FMPs. The purpose of the AM Timing Amendment and this final rule is to
minimize, to the extent practicable, the adverse socio-economic impacts
of AM-based closures, while constraining catch levels to the applicable
annual catch limits (ACLs) and preventing overfishing.
DATES: This final rule is effective June 8, 2017.
ADDRESSES: Electronic copies of the AM Timing Amendment, which includes
an environmental assessment (EA), a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact review, may be obtained from the
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/index.html.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez,
telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: In the U.S. Caribbean exclusive economic
zone (EEZ), the reef fish, spiny lobster, and corals and reef
associated plants and invertebrates (corals) fisheries are managed
under their respective FMPs. The FMPs were prepared by the Council and
are implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
On January 5, 2017, NMFS published a notice of availability for the
AM Timing Amendment and requested public comment (82 FR 1308). On
February 10, 2017, NMFS published a proposed rule for the AM Timing
Amendment and requested public comment (82 FR 10324). The proposed rule
and the AM Timing Amendment outline the rationale for the actions
contained in this final rule. A summary of the management measures
described in the AM Timing Amendment and implemented by this final rule
is provided below.
Management Measure Contained in This Final Rule
This final rule modifies the date for implementation of an AM-based
closure in the event of an ACL overage for a species or species group
managed by the Council in Puerto Rico, St. Thomas/St. John, and St.
Croix under the Reef Fish, Coral, and Spiny Lobster FMPs. AM-based
closures occur in the year following any overage triggering
implementation of the AM. Specifically, an AM-based closure will be
implemented from September 30 of the closure year backward, toward the
beginning of the fishing year, for the number of days necessary to
achieve the reduction in landings required to ensure landings do not
exceed the applicable ACL. If the length of the required fishing season
reduction exceeds the period of January 1 through September 30, any
additional fishing season reduction required will be applied from
October 1 forward, toward the end of the fishing year (December 31).
This final rule to implement the AM Timing Amendment is expected to
minimize adverse socio-economic effects from the implementation of AMs,
while still helping to ensure that AM-based closures constrain harvest
to the ACL and prevent overfishing.
The FMP for the Queen Conch Resources of Puerto Rico and the USVI
is not included in the AM Timing Amendment because queen conch harvest
is managed with an in-season closure when the ACL is reached or
projected to be reached, rather than a post-season reduction in the
fishing year.
Additional Action Contained in the AM Timing Amendment but Not Codified
Through This Final Rule
In addition to the measure discussed above, the AM Timing Amendment
requires that the Council revisit the practice of using September 30 as
the end date for AM-based closures no longer than 2 years from the
implementation of the AM Timing Amendment and no longer than every 2
years thereafter. Any formal review associated with revisiting the
selected date would allow NMFS and the Council to specifically consider
new information. Thus, any corresponding revisions would be expected to
result in additional positive social and economic effects.
Comments and Responses
NMFS received a total of two comment submissions on the proposed
rule and the AM Timing Amendment; one from a group of individuals and
one from a Federal agency. The Federal agency stated that it had no
comment on the proposed rule or the AM Timing Amendment. The other
comment as well as NMFS' response, is summarized below.
Comment 1: NMFS violated the Administrative Procedure Act (APA) by
failing to collect or disclose data supporting that the rule would
provide economic benefit to Caribbean fishermen and that it did not
consider potential negative impact on the financial health of tourist
industries. NMFS also failed to properly consider ecological factors in
the AM Timing Amendment.
Response: NMFS disagrees. The Council and NMFS analyzed impacts to
both the economic and ecological environments in the AM Timing
Amendment Environmental Assessment (EA). The EA analyzed the effects of
implementing the AM Timing Amendment on the human environment,
including the impacts of the proposed action on the socio-economic,
administrative, physical, biological, and ecological environments
(including impacts to species listed under the Marine Mammal Protection
Act and the Endangered Species Act (ESA)). The data used in the AM
Timing Amendment to analyze alternatives modifying the timing of AM-
based closures in the AM Timing Amendment are described in the EA and
have been determined by the NMFS Southeast Fisheries Science Center to
be the best scientific information available. The Council and NMFS used
these data to consider and analyze the expected direct and indirect
socio-economic effects of the proposed action on the fishing industries
in the U.S. Caribbean, and considered the tourism industries that would
be reasonably expected to be affected by the proposed actions in the AM
Timing Amendment. For example, the Council and NMFS considered whether
each alternative would be likely to lead to a closure during periods of
peak tourism. The economic analysis in the EA determined that no
significant impact on the socio-economic environment will result from
the the AM Timing Amendment.
The EA also evaluated the impacts of the AM Timing Amendment on the
biological and ecological environment and protected species. As
discussed in
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the EA, the implementation of the AM Timing Amendment will minimally
affect current fishing operations or activities; therefore, the Council
and NMFS concluded that additional impacts on the ecological
environment are not expected. The modification of the date of
implementation of AM-based closures is not expected to adversely affect
ESA-listed species or critical habitat beyond those effects previously
considered in the subject FMPs and ESA Section 7 consultations.
The public has had multiple opportunities to participate in the
development of the AM Timing Amendment and to provide comments. The
public had the opportunity to comment on the AM Timing Amendment and
draft EA at public hearings in November 2015 and August 2016, and
during public testimony at the June 2016 and August 2016 Council
meetings, in advance of final approval by the Council. Following the
Council's approval of the AM Timing Amendment, NMFS provided the
opportunity for public comment on the amendment through a 60-day public
comment period on the notice of availability (82 FR 1308, January 5,
2017), and through a 30-day comment period on the proposed rule (82 FR
10326, February 10, 2017), consistent with the Magnuson-Stevens Act and
APA public notice and comment requirements.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with the AM Timing Amendment, the
FMPs, the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant adverse economic impact on a substantial number of
small entities. The factual basis for this determination was published
in the proposed rule and is not repeated here. A public comment
relating to socio-economic implications and potential impacts on small
businesses is addressed in the Comments and Responses section of this
final rule. No changes to this final rule were made in response to
public comments. As a result, a final regulatory flexibility analysis
was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual catch limits, Caribbean, Fisheries,
Fishing.
Dated: May 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.12, revise paragraph (a) introductory text to read as
follows:
Sec. 622.12 Annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean island management areas/Caribbean EEZ.
(a) If landings from a Caribbean island management area, as
specified in Appendix E to this part, except for landings of queen
conch (see Sec. 622.491(b)), or landings from the Caribbean EEZ for
tilefish and aquarium trade species, are estimated by the SRD to have
exceeded the applicable ACL, as specified in paragraph (a)(1) of this
section for Puerto Rico management area species or species groups,
paragraph (a)(2) of this section for St. Croix management area species
or species groups, paragraph (a)(3) of this section for St. Thomas/St.
John management area species or species groups, or paragraph (a)(4) of
this section for the Caribbean EEZ, the AA will file a notification
with the Office of the Federal Register, at or near the beginning of
the following fishing year, to reduce the length of the fishing season
for the applicable species or species groups that year by the amount
necessary to ensure landings do not exceed the applicable ACL. As
described in the respective FMPs, for each species or species group in
this paragraph, any required fishing season reduction will be applied
from September 30 backward, toward the beginning of the fishing year.
If the length of the required fishing season reduction exceeds the time
period of January 1 through September 30, any additional fishing season
reduction will be applied from October 1 forward, toward the end of the
fishing year. If NMFS determines the ACL for a particular species or
species group was exceeded because of enhanced data collection and
monitoring efforts instead of an increase in total catch of the species
or species group, NMFS will not reduce the length of the fishing season
for the applicable species or species group the following fishing year.
Landings will be evaluated relative to the applicable ACL based on a
moving multi-year average of landings, as described in the FMPs. With
the exceptions of Caribbean queen conch in the Puerto Rico and St.
Thomas/St. John management areas, goliath grouper, Nassau grouper,
midnight parrotfish, blue parrotfish, and rainbow parrotfish, ACLs are
based on the combined Caribbean EEZ and territorial landings for each
management area. The ACLs specified in paragraphs (a)(1), (a)(2),
(a)(3), and (a)(4) of this section are given in round weight.
* * * * *
[FR Doc. 2017-09360 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-22-P