Proposed Rule2023-07008
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and St. John; Amendments 1
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Published
April 6, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Caribbean Fishery Management Council (Council) has submitted Amendment 1 to the Puerto Rico Fishery Management Plan (FMP), Amendment 1 to the St. Croix FMP, and Amendment 1 to the St. Thomas and St. John FMP (jointly Amendments 1) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendments 1 would modify the authorized gear types to prohibit the use of buoy gear by the recreational sector in U.S. Caribbean Federal waters and modify the regulatory definition of buoy gear to increase the maximum number of hooks from 10 to 25 in U.S. Caribbean Federal waters for fisheries where buoy gear is authorized. The purpose of Amendments 1 is to allow commercial fishermen targeting deep-water fish, including snappers and groupers, in the U.S. Caribbean Federal waters to use buoy gear with up to 25 hooks, while protecting deep-water reef fish resources and habitats and minimizing user conflicts.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Proposed Rules]
[Pages 20453-20456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07008]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL56
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and
St. John; Amendments 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendments; request for comments.
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SUMMARY: The Caribbean Fishery Management Council (Council) has
submitted Amendment 1 to the Puerto
[[Page 20454]]
Rico Fishery Management Plan (FMP), Amendment 1 to the St. Croix FMP,
and Amendment 1 to the St. Thomas and St. John FMP (jointly Amendments
1) for review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendments 1 would modify the authorized gear
types to prohibit the use of buoy gear by the recreational sector in
U.S. Caribbean Federal waters and modify the regulatory definition of
buoy gear to increase the maximum number of hooks from 10 to 25 in U.S.
Caribbean Federal waters for fisheries where buoy gear is authorized.
The purpose of Amendments 1 is to allow commercial fishermen targeting
deep-water fish, including snappers and groupers, in the U.S. Caribbean
Federal waters to use buoy gear with up to 25 hooks, while protecting
deep-water reef fish resources and habitats and minimizing user
conflicts.
DATES: Written comments on Amendments 1 must be received on or before
June 5, 2023.
ADDRESSES: You may submit comments on Amendments 1 identified by
``NOAA-NMFS-2023-0032'' by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2023-0032'', in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit written comments to Maria Lopez-Mercer, NMFS
Southeast Regional Office, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), 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 Amendments 1, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/generic-amendment-1-island-based-fishery-management-plans-modification-buoy-gear-definition">https://www.fisheries.noaa.gov/action/generic-amendment-1-island-based-fishery-management-plans-modification-buoy-gear-definition</a>.
FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, telephone: 727-
824-5305, or email: <a href="/cdn-cgi/l/email-protection#d3beb2a1bab2fdbfbca3b6a993bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="254844574c440b494a55405f654b4a44440b424a53">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to the
Secretary of Commerce for review and approval, partial approval, or
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP or amendment, publish an announcement in the Federal
Register notifying the public that the FMP or amendment is available
for review and comment.
The Council prepared the Puerto Rico FMP, St. Croix FMP, and St.
Thomas and St. John FMP (collectively the island-based FMPs) that are
being revised by Amendments 1. If approved, Amendments 1 would be
implemented by NMFS through regulations at 50 CFR part 600 and 50 CFR
part 622 under the authority of the Magnuson-Stevens Act.
Background
The Council manages reef fish and pelagic stocks and stock
complexes in the U.S. Caribbean Exclusive Economic Zone (EEZ) under the
island-based FMPs. The Magnuson-Stevens Act requires NMFS and regional
fishery management councils to prevent overfishing and to achieve, on a
continuing basis, the optimum yield from federally managed fish stocks
to ensure that fishery resources are managed for the greatest overall
benefit to the Nation, particularly with respect to providing food
production and recreational opportunities, and protecting marine
ecosystems. The Magnuson-Stevens Act also authorizes the Council and
NMFS to regulate fishing activity to support the conservation and
management of fisheries, which may include regulations that pertain to
fishing for non-managed species.
On September 22, 2020, the Secretary of Commerce approved the
island-based FMPs under section 304(a)(3) of the Magnuson-Stevens Act.
For Puerto Rico and the U.S. Virgin Islands (USVI), the Council and
NMFS manage fisheries under the island-based FMPs. NMFS published the
final rule to implement the island-based FMPs on September 13, 2022 (87
FR 56204). The island-based FMPs contain management measures applicable
for Federal waters off each respective island group. Among other
measures, for reef fish and pelagic species managed in each island
management area, these include allowable fishing gear and methods for
harvest. Federal waters around Puerto Rico extend seaward from 9
nautical miles (nmi; 16.7 km) from shore to the offshore boundary of
the EEZ. Federal waters around St. Croix, and St. Thomas and St. John
extend seaward from 3 nmi (5.6 km) from shore to the offshore boundary
of the EEZ. Federal regulations at 50 CFR 600.725(v)(V) describe the
authorized fishing gear for each of the Council-managed fisheries and
non-managed fisheries in each island management area.
In the U.S. Caribbean, small-scale commercial fishermen harvesting
deep-water reef fish, particularly snappers (e.g., queen and cardinal
snappers) and groupers, typically use a specific type of hook-and-line
gear. This hook-and-line gear is known locally as vertical bottom line
or ``cala'' in Puerto Rico and as vertical setline or deep-drop gear in
the USVI. Fishing gear configurations and methods used by commercial
fisherman to harvest these deep-water snappers and groupers, which
includes buoy gear, varies in terms of vessel fishing equipment and
materials used, hook type, size and number, number of lines used, types
of bait, soaking time, and fishing grounds. Vertical bottom line
fishing gear and deep-drop fishing gear can be either attached to the
vessel while deployed and retrieved with an electrical reel or
unattached to the vessel when rigged and deployed as buoy gear and
retrieved with an electrical reel. Buoy gear, known as ``cala con
boya'' in Puerto Rico and deep-drop buoy gear in the USVI, is typically
used to harvest deep-water snappers and groupers in waters up to 1,500
ft (457 m), by commercial fishermen in Puerto Rico and to a lesser
extent in the USVI.
Buoy gear is defined in 50 CFR 622.2 as fishing gear that fishes
vertically in the water column that consists of a single drop line
suspended from a float, from which no more than 10 hooks can be
connected between the buoy and the terminal end, and the terminal end
contains a weight that is no more than 10 lb (4.5 kg). This current
definition of buoy gear applies in Federal waters of the Gulf of
Mexico, South Atlantic, and U.S. Caribbean. In addition, buoy gear is
listed as an authorized hook-and-line gear type in 50 CFR 600.725(v)(V)
for those fishing commercially and recreationally for species that are
not managed by the Council (i.e., non-FMP species) in Federal waters
around Puerto Rico, St. Croix, and St. Thomas and St. John and for
those fishing
[[Page 20455]]
commercially for managed reef fish and managed pelagic species in
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St.
John. As described in Amendments 1, although buoy gear is currently
listed as an authorized gear for recreational fishing of species that
are not managed under the island-based FMPs, there is no evidence that
the recreational sector operating in U.S. Caribbean Federal waters uses
or has used buoy gear. Use of buoy gear by the recreational sector is
unlikely because it is a very specialized commercial gear type that is
expensive and difficult to use by anyone other than a professional
commercial fisherman.
In December 2021, commercial fishermen fishing for deep-water
snapper and grouper in Puerto Rico and the USVI have commented to the
Council that they would like to increase the maximum number of hooks
that are allowed while using buoy gear to reflect how the gear is
currently used in state waters in both Puerto Rico and the USVI. Under
the current definition of buoy gear that applies in Federal waters of
the Gulf of Mexico, South Atlantic, and U.S. Caribbean, no more than 10
hooks may be connected between the buoy and the terminal end. Puerto
Rico and USVI territorial regulations, on the other hand, do not limit
the number of hooks allowed on deep-water reef fish buoy gear.
In Amendments 1, the Council decided to limit the use of buoy gear
in U.S. Caribbean Federal waters to those fishing commercially and to
prohibit the use of buoy gear by those fishing recreationally. By
prohibiting the use of buoy gear by the recreational sector in U.S.
Caribbean Federal waters, the Council sought to eliminate (1) potential
future conflicts between commercial and recreational user groups at the
subject fishing grounds, (2) additional ecological, biological, and
physical effects that might result from recreational fishing for deep-
water snapper and grouper, including risks to managed species that may
result from misuse of buoy gear and bycatch of managed species by the
recreational sector, and (3) any safety concerns potentially associated
with the recreational use of buoy gear at the deep-water reef fish
fishing grounds. In Amendments 1, the Council also decided to modify
the definition of buoy gear to allow commercial fishermen in U.S.
Caribbean Federal waters to use a maximum of 25 hooks with buoy gear to
reflect how the gear is commonly used by commercial fishermen in state
waters in Puerto Rico and the USVI.
Actions Contained in Amendments 1
Amendments 1 would prohibit the use of buoy gear by the
recreational sector in the U.S. Caribbean and would modify the buoy
gear definition to increase the maximum number of allowable hooks used
by the commercial sector in the U.S. Caribbean.
Recreational Buoy Gear Prohibition
Buoy gear is currently an authorized gear type for those fishing
recreationally for species that are not managed by the Council (i.e.,
non-FMP species) in Federal waters around Puerto Rico, St. Croix, and
St. Thomas and St. John. As described in Amendments 1, although the use
of buoy gear by the recreational sector currently appears unlikely, the
Council took a precautionary approach to prevent any future use of buoy
gear by the recreational sector to fish for any species (i.e., managed
and non-managed species) in Federal waters around Puerto Rico, St.
Croix, and St. Thomas and St. John. NMFS notes that with respect to
non-managed species, the Magnuson-Stevens Act gives the Council and
NMFS the authority to regulate fishing activity to support the
conservation and management of fisheries. This can include regulations
that pertain to fishing for non-managed species.
By limiting the use of buoy gear to the commercial sector, the
Council seeks to prevent any potential future conflicts between
commercial and recreational user groups resulting from the use of buoy
gear. These potential conflicts could include competition for fishing
grounds. The Council also seeks to eliminate any additional ecological,
biological and physical effects that might occur through additional
recreational fishing-related pressure at those grounds and to those
resources. Specifically, the Council was concerned about overfishing
the deep-water snapper and grouper resources, risks to managed species
resulting from the misuse of the buoy gear, and increased bycatch of
managed species that might result through the recreational use of buoy
gear. Finally, the Council seeks to eliminate any safety concerns
potentially associated with the presence of an emerging recreational
fleet at the deep-water reef fish fishing grounds that could occur
because of the specialized characteristics of the buoy gear operations.
Revision of Buoy Gear Definition
The current buoy gear definition, which applies in Federal waters
of the Gulf of Mexico, South Atlantic, and U.S. Caribbean, specifies,
among other measures, that this gear type may have no more than 10
hooks connected between the buoy and the terminal end.
In Amendments 1, the Council seeks to change the buoy gear
definition to increase the maximum number of hooks allowed between the
buoy and the terminal end from 10 to 25 hooks in the EEZ around Puerto
Rico, St. Croix, and St. Thomas and St. John. This change in the buoy
gear definition would apply only where buoy gear is authorized in the
U.S. Caribbean EEZ, and would apply only to the commercial sector as a
result of Action 1 in Amendments 1. NMFS notes that this change would
apply to the commercial harvest of both Council-managed fisheries and
non-managed fisheries. The increased number of authorized buoy gear
hooks would allow commercial fishermen fishing in Federal waters off
Puerto Rico, St. Croix, and St. Thomas and St. John to legally use the
same gear configuration that is commonly used by some commercial
fisherman in state waters.
This action to revise the buoy gear definition in the U.S.
Caribbean would also avoid enforcement complications for commercial
fishermen harvesting multiple species on a trip because it would allow
the use of the buoy gear with up to 25 hooks to harvest managed and
non-managed deep-water fish. The change to the buoy gear definition
would not change any other part of the buoy gear definition such as
weight, construction materials for the drop line, and length of the
drop line. Additionally, the current buoy gear definition, as it
applies to the Gulf of Mexico and South Atlantic, would not change as a
result of Amendments 1.
Proposed Rule for Amendments 1
A proposed rule to implement Amendments 1 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMPs, the
Magnuson-Stevens Act, and other applicable law. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendments 1 for Secretarial review,
approval, and implementation. Comments on Amendments 1 must be received
by June 5, 2023. Comments received during the respective comment
periods, whether specifically directed to Amendments 1 or the proposed
rule will be considered by NMFS in the decision to approve, disapprove,
or
[[Page 20456]]
partially approve Amendments 1. Comments received after the comment
periods will not be considered by NMFS in this decision. All comments
received by NMFS on the amendments or the proposed rule during their
respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-07008 Filed 4-5-23; 4:15 pm]
BILLING CODE 3510-22-P
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