Proposed Rule2023-08338
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
Primary source
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Published
April 24, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement 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), as submitted by the Caribbean Fishery Management Council (Council). This proposed rule and Amendments 1 would 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 allowable hooks used by the commercial sector in U.S. Caribbean Federal waters from 10 to 25. The purpose of this proposed rule and 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 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Proposed Rules]
[Pages 24746-24750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08338]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230414-0102]
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: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement 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),
as submitted by the Caribbean Fishery Management Council (Council).
This proposed rule and Amendments 1 would 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 allowable hooks used by the commercial sector in U.S. Caribbean
Federal waters from 10 to 25. The purpose of this proposed rule and
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 must be received on or before May 24, 2023.
ADDRESSES: You may submit comments on the proposed rule 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="http://www.regulations.gov">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#137e72617a723d7f7c637669537d7c72723d747c65"><span class="__cf_email__" data-cfemail="0e636f7c676f2062617e6b744e60616f6f20696178">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage reef fish and
pelagic stocks and stock complexes in the U.S. Caribbean Exclusive
Economic Zone (EEZ) under the Puerto Rico FMP, St. Croix FMP, and St.
Thomas and St. John FMP (collectively the island-based FMPs). The
Council prepared the island-based FMPs and NMFS implements the FMPs
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
Background
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.
These mandates are intended 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. To further this goal,
the Magnuson-Stevens Act requires fishery managers to minimize bycatch
and bycatch mortality to the extent practicable. 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 or ``cala con
boya'' in Puerto Rico and as 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.
[[Page 24747]]
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 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 who target deep-water
snapper and grouper in Federal waters around Puerto Rico and the USVI
commented to the Council that they would like to increase the maximum
number of hooks that are allowed while using buoy gear in Federal
waters 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 this proposed rule and Amendments 1, the use of buoy gear in
U.S. Caribbean Federal waters would be limited to those fishing
commercially and would be prohibited by those fishing recreationally.
Prohibiting the use of buoy gear by the recreational sector in U.S.
Caribbean Federal waters would 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. This proposed rule and Amendments 1 would also 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.
Management Measures Contained in This Proposed Rule
This proposed rule prohibits the use of buoy gear by the
recreational sector in the U.S. Caribbean and modifies 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,
this proposed rule would take 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. 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.
This proposed rule limits the use of buoy gear to the commercial
sector, and 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. This proposed rule 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, including overfishing the deep-water snapper and
grouper resources, risks to managed species from misuse of the buoy
gear and increased bycatch of managed species that might result through
the recreational use of buoy gear. Finally, the proposed rule seeks to
eliminate 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.
This proposed rule would 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 proposed 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 this proposed rule. 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 proposed rule 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 this proposed rule.
Measure Contained in This Proposed Rule Not in Amendments 1
In addition to the buoy gear measures contained in Amendments 1,
this
[[Page 24748]]
proposed rule would correct an error from a previous rulemaking. On
September 13, 2022, NMFS published in the Federal Register the final
rule implementing the island-based FMPs for the U.S. Caribbean (87 FR
56204, September 13, 2022). That final rule contained a minor
administrative error in 50 CFR 622.440(a)(2), ``Annual catch limits
(ACLs), annual catch targets (ACTs), and accountability measures
(AMs),'' related to a notation for the recreational ACL for mutton
snapper in Table 2 to Sec. 622.440(a)(2). Mutton snapper, which is an
indicator stock for Snappers, Snapper 4, is notated in that final rule
with an asterisk when it should have been annotated with a superscript
``1.'' In Table 2 of 50 CFR 622.440(b)(2), all indicator stocks are to
be notated with the superscript ``1.'' NMFS became aware of this
inadvertent minor administrative error after the island-based FMPs
final rule published. This proposed rule would revise the notation for
mutton snapper in Table 2 to 50 CFR 622.440(b)(2), Snappers, Snapper 4,
to be a superscript ``1.'' The recreational ACLs in the paragraph would
remain the same and not change in 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 island-based FMPs, other provisions of 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.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
the Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration 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 determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the
SUPPLEMENTARY INFORMATION section of this proposed rule. The Magnuson-
Stevens Act provides the statutory basis for this proposed rule.
This proposed rule concerns the use of buoy gear when fishing in
Federal waters off Puerto Rico and the USVI. Buoy gear is a highly
specialized commercial fishing gear; however, Federal regulations do
not prohibit anglers (recreational fishers) from using it in Federal
waters.
Both recreational fishers (anglers) and licensed commercial
fishermen who own and operate commercial fishing businesses would be
directly affected by the rule; however, anglers are not considered
small entities as that term is defined in 5 U.S.C. 601(6), whether
fishing from charter vessels/headboats (for-hire) fishing, private or
leased vessels. Therefore, estimates of the number of anglers affected
by the proposed rule and impacts on them are not provided here.
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
engaged in the commercial fishing industry (NAICS code 11411) is 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 that are no more than $11 million for all of
its affiliated operations worldwide. The Puerto Rico fishery as a whole
and USVI fishery as a whole are estimated to generate direct revenues
of $6.06 million (2020 dollars) and $5.48 million annually, assuming
current landings have fully recovered from hurricane season impacts of
the past 5 years and the COVID-19 pandemic. Therefore, all commercial
fishing businesses in Puerto Rico, St. Croix, and St. Thomas and St.
John are small.
Commercial fishermen who harvest deep-water reef fish and other
species, such as Council-managed pelagic species, have traditionally
used buoy gear locally known as ``cala con boya'' in Puerto Rico and as
deep-drop buoy gear in the USVI. Therefore, estimates of the numbers of
small businesses that use buoy gear in Federal waters are based on the
number and percentages of licensed commercial fishermen who reported
fishing in Federal waters and targeting deep-water reef fish or reef
fish prior to the 2017 hurricane season.
In 2016, there were 1,074 licensed commercial fishermen in Puerto
Rico, and each of those licensed commercial fishermen represent a small
commercial fishing business. In 2016, 811 of those commercial fishermen
submitted catch reports and 383 of them submitted reports operated in
Federal waters. Puerto Rico's commercial fishermen tend to target
multiple categories of fish and shellfish, and the most popularly
targeted category is reef fish. Approximately 77 percent of the
fishermen (small businesses) target reef fish, and approximately 56
percent target deep-water snapper. It is estimated that from 214 (56
percent) to 295 (77 percent) of the 383 active small commercial fishing
businesses that operate in Federal waters off of Puerto Rico may be
directly affected the proposed rule.
The most recent Census of Licensed Fishers of the USVI reported 141
licensed commercial fishermen in St. Croix and 119 licensed commercial
fishermen in St. Thomas and St. John, and each of those fishermen
represent a small commercial fishing business. An estimated 52.5
percent (74) of the 141 licensed commercial fishermen in St. Croix and
80.7 percent (96) of the 119 licensed fishermen in St. Thomas and St.
John were active. Moreover, 52.3 percent of active licensed fishermen
in St. Croix and 14.8 percent of active licensed fishermen in St.
Thomas and St. John harvest deep-water snapper. Hence, an estimated 39
(52.3 percent) of 74 active small commercial fishing businesses in St.
Croix and an estimated 14 (14.8 percent) of 96 active small commercial
fishing businesses in St. Thomas and St. John would be directly
affected by the proposed rule.
This proposed rule would modify the definition of buoy gear.
Currently, buoy gear in Federal waters of the Gulf of Mexico, South
Atlantic, and U.S. Caribbean is defined as gear that fishes vertically
in the water column and 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). The proposed rule would change the
definition to allow the use of up to 25 hooks connected between the
buoy and the terminal end in Federal waters of the U.S. Caribbean.
It is common practice to assume full regulatory compliance when
establishing the baseline; however, anecdotal evidence indicates that
buoy gear traditionally used in the U.S. Caribbean does not comply with
current regulations. For that reason, the following sensitivity
analysis examines the economic impacts of the proposed rule with
varying rates of baseline compliance: full (100 percent), half (50
percent), and none (0 percent).
With full compliance, NMFS expects all of the small businesses that
deploy buoy gear in Federal waters of the U.S. Caribbean could increase
the numbers of hooks they use, which could increase landings and
dockside revenues from those landings. However, NMFS has insufficient
information to quantify either the numbers of small businesses
[[Page 24749]]
that would increase the number of hooks they use or the changes in the
numbers of hooks deployed. Using more hooks increases effort-related
trip costs, and a commercial fishing business would not increase the
number of hooks used if the increase in costs reduced its profit.
Nonetheless, NMFS expects at least some of the small businesses would
increase the number of hooks that they use and have increased landings
and revenues (gross and net).
With 50 percent compliance, NMFS expects half of the small
businesses that currently use buoy gear in the U.S. Caribbean EEZ could
increase the numbers of hooks used, which could increase landings and
dockside revenues from those landings, but not as much as if there were
full compliance. NMFS has insufficient information to quantify either
the numbers of small businesses that would increase the number of hooks
they use or the changes in the numbers of hooks deployed. Nonetheless,
NMFS expects some small businesses would increase the number of hooks
they use, which would increase their landings and revenues.
With no compliance, NMFS expects none of the small businesses that
currently use buoy gear in the U.S. Caribbean EEZ would change the
number of hooks used because they currently use the maximum number of
hooks they prefer to use, and no more than 25 per line. Therefore,
there would be no changes in landings and dockside revenues from those
landings, and the economic impact would be the same as the no-action
alternative. However, even with 0 percent compliance, there could be
small businesses that currently use more than 10, but less than 25,
hooks per line; and an unknown number of those small businesses could
increase the number of hooks that they use, which would increase their
landings and revenues, but less than if there were 50 percent
compliance.
In summary, there would be no adverse economic impact on any small
businesses. At least some small businesses would increase the number of
hooks that they use to increase their landings and revenues; however,
there is insufficient information to generate an estimate.
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 proposed rule. This
proposed rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects
50 CFR Part 600
Caribbean, Fisheries, Fishing, Recreational.
50 CFR Part 622
Buoy gear, Caribbean, Commercial, Fisheries, Fishing, Recreational.
Dated: April 17, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 600 and 622
are proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continue to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.725, in paragraph (v), in the table under heading ``V.
Caribbean Fishery Management Council'', revise entries 1.H., 2.H, and
3.H., to read as follows:
Sec. 600.725 General prohibitions.
* * * * *
(v) * * *
------------------------------------------------------------------------
Fishery Authorized gear types
------------------------------------------------------------------------
* * * * * * *
V. Caribbean Fishery Management Council
* * * * * * *
1. Exclusive Economic Zone around Puerto Rico
* * * * * * *
H. Puerto Rico Recreational Fishery Automatic reel, bandit gear,
(Non-FMP). handline, longline, rod and
reel, spear, powerhead, hand
harvest, cast net.
* * * * * * *
2. Exclusive Economic Zone around St. Croix
* * * * * * *
H. St. Croix Recreational Fishery (Non- Automatic reel, bandit gear,
FMP). handline, longline, rod and
reel, spear, powerhead, hand
harvest, cast net.
* * * * * * *
3. Exclusive Economic Zone around St. Thomas and St. John
* * * * * * *
H. St. Thomas and St. John Recreational Automatic reel, bandit gear,
Fishery (Non-FMP). handline, longline, rod and
reel, spear, powerhead, hand
harvest, cast net.
* * * * * * *
------------------------------------------------------------------------
[[Page 24750]]
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
3. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. In Sec. 622.2, revise the definition of ``Buoy gear'' to read as
follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Buoy gear means 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 (except in the EEZ around Puerto Rico, St.
Croix, and St. Thomas and St. John where the maximum is 25 hooks) can
be connected between the buoy and terminal end, and the terminal end
contains a weight that is no more than 10 lb (4.5 kg). The drop line
can be rope (hemp, manila, cotton or other natural fibers; nylon,
polypropylene, spectra or other synthetic material) or monofilament,
but must not be cable or wire. The gear is free-floating and not
connected to other gear or the vessel. The drop line must be no greater
than 2 times the depth of the water being fished. All hooks must be
attached to the drop line no more than 30 ft (9.1 m) from the weighted
terminal end. These hooks may be attached directly to the drop line;
attached as snoods (defined as an offshoot line that is directly
spliced, tied or otherwise connected to the drop line), where each
snood has a single terminal hook; or as gangions (defined as an
offshoot line connected to the drop line with some type of detachable
clip), where each gangion has a single terminal hook.
* * * * *
0
5. In Sec. 622.440, revise Table 2 to Sec. 622.440(a)(2) to read as
follows:
Sec. 622.440 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(2) * * *
Table 2 to Sec. 622.440(a)(2)
----------------------------------------------------------------------------------------------------------------
Stock or stock complex and species
Family composition Recreational ACL
----------------------------------------------------------------------------------------------------------------
Angelfishes....................... Angelfish--French angelfish, gray 2,985 lb (1,353.9 kg).
angelfish, queen angelfish.
Groupers.......................... Grouper 3--coney,\1\ graysby........ 19,634 lb (8,905.8 kg).
Grouper 4--black grouper, red 5,867 lb (2,661.2 kg).
grouper, tiger grouper, yellowfin
grouper, yellowmouth grouper.
Grouper 5--misty grouper, yellowedge 4,225 lb (1,916.4 kg).
grouper.
Grouper 6--red hind,\1\ rock hind... 34,493 lb (15,645.7 kg).
Grunts............................ Grunts--white grunt................. 2,461 lb (1,116.2 kg).
Jacks............................. Jacks 1--crevalle jack.............. 41,894 lb (19,002.7 kg).
Jacks 2--African pompano............ 5,719 lb (2,594 kg)
Jacks 3--rainbow runner............. 8,091 lb (3,670 kg)
Parrotfishes...................... Parrotfish 2--princess parrotfish, 17,052 lb (7,734.6 kg).
queen parrotfish, redband
parrotfish, redtail parrotfish,
stoplight parrotfish, striped
parrotfish.
Snappers.......................... Snapper 1--black snapper, blackfin 111,943 lb (50,776.4 kg).
snapper, silk snapper,\1\ vermilion
snapper, wenchman.
Snapper 2--cardinal snapper, queen 24,974 lb (11,328 kg).
snapper \1\.
Snapper 3--lane snapper............. 21,603 lb (9,798.9 kg).
Snapper 4--dog snapper, mutton 76,625 lb (34,756.5 kg).
snapper,\1\ schoolmaster.
Snapper 5--yellowtail snapper....... 23,988 lb (10,880.7 kg)
Snapper 6--cubera snapper........... 6,448 lb (2,924.7 kg).
Surgeonfishes..................... Surgeonfish--blue tang, doctorfish, 860 lb (390 kg).
ocean surgeonfish.
Triggerfishes..................... Triggerfish--gray triggerfish, ocean 7,453 lb (3,380.6 kg).
triggerfish, queen triggerfish \1\.
Wrasses........................... Wrasses 1--hogfish.................. 8,263 lb (3,748 kg).
Wrasses 2--puddingwife, Spanish 5,372 lb (2,436.6 kg).
hogfish.
----------------------------------------------------------------------------------------------------------------
\1\ Indicator stock.
* * * * *
[FR Doc. 2023-08338 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 24, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.