Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 43733 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170510477–7477–01] 

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: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 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 

proposed rule would revise the method 

used to trigger the application of 

accountability measures (AM) for 

Council-managed reef fish species or 

species groups in the Puerto Rico 

exclusive economic zone (EEZ). The 

purpose of this proposed 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: Written comments must be 

received on or before October 19, 2017. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

‘‘NOAA–NMFS–2017–0074’’ by either 

of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http://

www.regulations.gov. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0074, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Sarah Stephenson, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

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: sarah.stephenson@

noaa.gov. 

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.). 

Background 

The current AMs in the Puerto Rico 

EEZ, 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. However, 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, NMFS will not 

reduce the length of the fishing season 

the following fishing year. The current 

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 was 

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 lost 

yield from the affected species or 

species group (if the sector ACL is 

exceeded, but the total ACL is not), 

potentially resulting in negative socioeconomic impacts. 

Sector-specific data are not available 

for other federally managed species in 

the Puerto Rico EEZ (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 federallymanaged reef fish species and species 

groups in the Puerto Rico EEZ. 

Management Measure Contained in 

This Proposed Rule 

This proposed rule would revise the 

trigger for implementing AM-based 

fishing season reductions, for all reef 

fish species or species groups managed 

by the Council in the Puerto Rico EEZ. 

Specifically, an AM-based closure 

would be triggered only when both the 

applicable sector (recreational or 

commercial) ACL and the total ACL for 

a species or species group is exceeded. 

If both the sector ACL and the total ACL 

are exceeded, the AM would be applied 

to the sector or sectors that experienced 

the overage. The duration of any 

implemented AM-based closure would 

continue to be based on the extent to 

which the applicable sector ACL was 

exceeded and would be calculated and 

applied using the current practices and 

methods. However, consistent with the 

current regulations, if NMFS determines 

that either of the applicable ACLs 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. For example, if NMFS 

determines that the applicable sector 

ACL exceedance for a species or species 

group is not attributable to enhanced 

data collection and monitoring efforts, 

but that the total ACL exceedance is 

attributable to enhanced data collection 

and monitoring efforts, NMFS will not 

reduce the length of the sector’s fishing 

season for the applicable species or 

species group the following fishing year. 

This proposed 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 AMbased closures constrain harvest to the 

total ACL and prevent overfishing. 

Under the current AM regulations, 

fishing season reductions have been 

applied in Puerto Rico when a specific 

fishing sector has exceeded its sector 


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43734 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 

ACL even when the total ACL 

(equivalent to an annual estimate of OY) 

for the species or species group was not 

reached. As described in Regulatory 

Amendment 6, assuming each sector 

harvests at a similar rate from year to 

year, the current AM-based fishing 

season reductions increase the 

likelihood that the total ACL for a 

species or species group will not be 

achieved in the year the closure is 

applied. 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 proposed revision to 

the AM would result in the AM being 

triggered less frequently and thereby 

result in fewer fishing season 

reductions. A reduced number of fishing 

season reductions for a sector would be 

expected to result in increased socioeconomic 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 proposed 

rule. 

NMFS notes that in the codified text 

for this proposed rule, amendatory 

instruction 2 would revise the entire 

§ 622.12. While the proposed rule only 

affects management in Puerto Rico 

Federal waters, the section as a whole 

is revised as a result of the proposed 

action to more clearly and distinctly 

describe the AMs and ACLs throughout 

the U.S. Caribbean EEZ. The proposed 

rule would also revise some regulatory 

citations within § 622.12 and § 622.491 

to reflect changes made to the regulatory 

text as a result of this proposed rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification is as follows. 

A description of this proposed rule, 

why it is being considered, and the 

objectives of this proposed rule are 

contained in the preamble. In summary, 

this action revises how AMs are 

triggered for the reef fish fishery in the 

Puerto Rico EEZ, to increase the 

likelihood that OY is achieved on a 

continuing basis and to minimize, to the 

extent practicable, adverse socioeconomic effects of AM-based closures 

in accordance with the National 

Standards set forth in the MagnusonStevens Act. The Magnuson-Stevens Act 

provides the statutory basis for this 

proposed rule. 

This proposed rule would directly 

affect recreational and commercial 

fishing for reef fish managed by the 

Caribbean Fishery Management Council 

in Federal waters of the U.S. Caribbean 

off Puerto Rico. Anglers (recreational 

fishers), whether fishing from for-hire, 

private or leased vessels, are not 

considered small entities as that term is 

defined in 5 U.S.C. 601(6). Therefore, 

estimates of the number of anglers 

directly affected by the rule and the 

impacts on them are not provided here. 

NMFS estimates there are 795 

commercial fishing businesses in Puerto 

Rico and the average annual dockside 

revenue of these businesses is $10,000 

each. For RFA purposes, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily involved in 

commercial fishing (NAICS 11411) is 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and its 

combined annual receipts are not in 

excess of $11 million for all of its 

affiliated operations worldwide. Based 

on the average annual revenue for the 

795 commercial fishing businesses, it is 

concluded that all of Puerto Rico’s 

commercial fishing businesses are 

small. It is unknown how many of these 

small businesses harvest reef fish in 

Federal waters; however, it is possible 

that all 795 of these businesses may be 

directly affected by the proposed rule. 

This action would revise the trigger 

for implementing AMs for Councilmanaged reef fish species and species 

groups in the Puerto Rico EEZ. 

Currently, if commercial landings of a 

federally managed reef fish species or 

species group exceed the commercial 

ACL for that species or species group, 

the length of the following year’s 

Federal fishing season for that species or 

species group is reduced by the amount 

necessary to ensure commercial 

landings do not again exceed the 

commercial ACL, even if the total ACL 

(the combined commercial and 

recreational sector ACLs) is not 

exceeded by combined recreational and 

commercial landings. That occurred in 

2016, for example, when the 

commercial season for Snapper Unit 2 

in Puerto Rico was reduced by 36 days 

because commercial landings of 

Snapper Unit 2 had exceeded the 

pertinent commercial ACL, even though 

combined commercial and recreational 

landings of Snapper Unit 2 were less 

than the total ACL (81 FR 34283, May 

31, 2016). 

This action would benefit small 

commercial fishing businesses by 

reducing the potential adverse economic 

impact, if any, caused by a reduction in 

the length of the Federal commercial 

season required by the current AM. The 

action changes the trigger for the AMs, 

potentially reducing the number of AMbased reductions in length of the 

Federal commercial fishing season, and 

benefitting those who are negatively 

affected by such reductions. The actual 

adverse impact caused by a reduction in 

the length of a Federal commercial 

fishing season, is dependent on the 

extent to which commercial fishing for 

a species or species group occurs in 

Federal waters and on the ability of a 

commercial fishing business to change 

intensity of effort in anticipation of a 

possible reduced season in Federal 

waters; commercial businesses that fish 

for species in federal waters and are not 

able to change their behavior in 

anticipation of Federal commercial 

fishing season reductions are most 

impacted by the fishing season 

reductions and could see the most 

benefit from changing the AM trigger 

and reducing the potential for an AMbased fishing season reduction. 

However, NMFS is unable to provide 

estimates of the baseline adverse 

economic impact of shortened fishing 

seasons caused by the current AM 

without making assumptions as to the 

magnitudes of those factors. 

However, NMFS estimates that if the 

2016 commercial season for Snapper 

Unit 2 had not closed early and if all 

additional landings of Snapper Unit 2 

were from the commercial sector and 

from Federal waters, each small 

business could have landed an 

additional 28 lb (12.7 kg) of Snapper 

Unit 2, which would equate to an 

additional dockside value of $143 per 

business that year. For a small 

commercial fishing business that has 

average annual dockside revenue of 

$10,000, that maximum benefit would 

represent a 1.43 percent increase in 

annual revenue. Therefore, it is 

concluded that the rule would not have 


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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 43735 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq; 

however, small businesses are 

encouraged to comment on this 

conclusion. 

List of Subjects in 50 CFR Part 622 

Accountability measures, Annual 

catch limits, Caribbean, Fisheries, 

Fishing, Puerto Rico. 

Dated: September 14, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. Revise § 622.12 to read as follows: 

§ 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 § 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, any 

fishing season reduction required under 

(a)(2)(i) or (ii) 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 paragraph (a)(2)(i) of this 

section, 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 paragraph (a)(2)(ii) of this 

section, 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 


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43736 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 

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, 

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 

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 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 § 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, 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, any fishing season reduction 

required as a result of this paragraph 

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, 

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 

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 § 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, 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, any fishing season reduction 

required as a result of this paragraph 

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 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 43737 

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, 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 

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 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, 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, any fishing season reduction 

required as a result of this paragraph 

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. 

■ 2. In § 622.491, revise the first 

sentence of paragraph (b) to read as 

follows: 

§ 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 § 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°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. 2017–19927 Filed 9–18–17; 8:45 am] 

BILLING CODE 3510–22–P 


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