Proposed Rule2024-19172
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and St. John; Amendment 2
Primary source
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Published
August 27, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Caribbean Fishery Management Council (Council) has submitted Amendment 2 to the Puerto Rico Fishery Management Plan (FMP), Amendment 2 to the St. Croix FMP, and Amendment 2 to the St. Thomas and St. John FMP (jointly Amendment 2) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 2 would prohibit and restrict the use of certain net gear in U.S. Caribbean Federal waters and would require a descending device be available and ready for use on vessels when fishing for federally managed reef fish in U.S. Caribbean Federal waters. The purpose of Amendment 2 is to protect habitats and species from the potential negative impacts associated with the use of certain net gear and to enhance the survival of released reef fish in U.S. Caribbean Federal waters.
Full Text
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<title>Federal Register, Volume 89 Issue 166 (Tuesday, August 27, 2024)</title>
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[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Proposed Rules]
[Pages 68572-68575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19172]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BM94
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and
St. John; Amendment 2
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 2 to the Puerto Rico Fishery Management Plan (FMP),
Amendment 2 to the St. Croix FMP, and
[[Page 68573]]
Amendment 2 to the St. Thomas and St. John FMP (jointly Amendment 2)
for review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 2 would prohibit and restrict the use
of certain net gear in U.S. Caribbean Federal waters and would require
a descending device be available and ready for use on vessels when
fishing for federally managed reef fish in U.S. Caribbean Federal
waters. The purpose of Amendment 2 is to protect habitats and species
from the potential negative impacts associated with the use of certain
net gear and to enhance the survival of released reef fish in U.S.
Caribbean Federal waters.
DATES: Written comments on Amendment 2 must be received on or before
October 28, 2024.
ADDRESSES: You may submit comments on Amendment 2, identified by
``NOAA-NMFS-2024-0084'', by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2024-0084'', 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, 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).
An electronic copy of Amendment 2, which includes a fishery impact
statement, an environmental assessment, a regulatory impact review, and
a Regulatory Flexibility Act (RFA) analysis, may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/amendment-2-puerto-rico-st-croix-and-st-thomas-and-st-john-fishery-management-plans-trawl">https://www.fisheries.noaa.gov/action/amendment-2-puerto-rico-st-croix-and-st-thomas-and-st-john-fishery-management-plans-trawl</a>.
FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, NMFS Southeast
Regional Office, 727-824-5305, <a href="/cdn-cgi/l/email-protection#4825293a2129662427382d320826272929662f273e"><span class="__cf_email__" data-cfemail="d1bcb0a3b8b0ffbdbea1b4ab91bfbeb0b0ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, with advice of the Council, manages
the Puerto Rico, St. Croix, and St. Thomas and St. John fisheries in
U.S. Caribbean Federal waters under the Puerto Rico, St. Croix, and St.
Thomas and St. John FMPs. The Council prepared the FMPs, which the
Secretary of Commerce approved, and NMFS implements the FMPs through
regulations at 50 CFR part 622 under the authority of Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act). The
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.
Background
The Magnuson-Stevens Act requires NMFS and the regional fishery
management councils to prevent overfishing and 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 authorizes the Council and NMFS to regulate
fishing activity to support the conservation and management of
federally managed fisheries, which may include regulations that pertain
to fishing for non-federally managed species (i.e., species that are
not managed under an FMP).
On September 22, 2020, the Secretary of Commerce approved the
Puerto Rico, St. Croix, and St. Thomas and St. John FMPs under section
304(a)(3) of the Magnuson-Stevens Act. The FMPs took effect on October
13, 2022, after NMFS published the final rule to implement the FMPs (87
FR 56204; September 13, 2022). Each FMP contains management measures
applicable for Federal waters in the respective island management area,
including allowable fishing gear and harvest methods for species
managed under each FMP. Federal regulations at 50 CFR part 622 Subpart
S, Subpart T, and Subpart U describe management measures for Puerto
Rico, St. Croix, and St. Thomas and St. John, respectively. Federal
waters around Puerto Rico extend seaward from 9 nautical miles (nmi) or
16.7 kilometers (km) from shore to the offshore boundary of the U.S.
Caribbean exclusive economic zone (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 U.S. Caribbean EEZ.
In addition to regulations specific to each FMP, Federal
regulations at 50 CFR 600.725(v)(V) identify the fishing gear
authorized for federally-managed fisheries and non-managed fisheries of
each island management area. Employing fishing gear or engaging in
fishing in a fishery that is not on the list of authorized fisheries
and authorized gear types is prohibited. However, an individual
fisherman may notify the Council of the intent to use a fishing gear or
participate in a fishery that is not on the authorized list (50 CFR
600.725(v)). Ninety days after such notification to the Council, the
individual may use such fishing gear or participate in the fishery
unless regulatory action is taken to prohibit the use of the gear or
participation in the fishery.
In Federal waters around Puerto Rico, St. Croix, and St. Thomas and
St. John, gillnets are listed as an authorized gear type for the
commercial federally-managed and non-federally managed pelagic
fisheries, as well as all other commercial non-federally managed
fisheries located in U.S. Caribbean Federal waters. Trawl nets are
listed as an authorized gear type for the commercial non-federally
managed fisheries, other than the non-managed pelagic fisheries. Purse
seines and trammel nets are not listed as authorized fishing gear for
any fishery (managed or non-managed) in U.S Caribbean Federal waters.
At its December 2021 meeting, the Council discussed prohibiting the
use of trawl gear, trammel nets, purse seines, and gillnets for all
fishing in U.S. Caribbean Federal waters as a precautionary approach to
prevent potential negative impacts from the use of these fishing gear
types to sensitive habitats present in U.S. Caribbean Federal waters
and to eliminate the potential for bycatch associated with each of
these types of fishing gear. During the development of Amendment 2,
when considering the use of gillnet gear, the Council recommended
restricting the use of gillnets such that it would only be allowed for
fishing in non-managed fisheries to accommodate fishermen who use
gillnet gear at the surface of the water to catch baitfish.
[[Page 68574]]
Currently, gear-specific regulations in U.S. Caribbean Federal
waters prohibit the use of gillnets and trammel nets in the federally-
managed reef fish and spiny lobster fisheries. These regulations
require that any gillnet or trammel net used to fish for any other
species must be tended at all times (50 CFR 622.437(a)(3) and (c)(2);
50 CFR 622.477(a)(3) and (c)(2); 50 CFR 622.512(a)(3) and (c)(2)).
Gillnets and trammel nets are also prohibited for use year-round in the
seven federally-managed seasonally closed areas: Puerto Rico--(1) Abrir
La Sierra Bank (50 CFR 622.439(a)(1)(ii)), (2) Tourmaline Bank (50 CFR
622.439(a)(2)(ii)), (3) Bajo de Sico (50 CFR 622.439(a)(3)(ii)); U.S.
Virgin Islands (USVI)--(4) Mutton Snapper Spawning Aggregation Area (50
CFR 622.479(a)(1)(ii)), (5) Red Hind Spawning Aggregation Area east of
St. Croix (50 CFR 622.479(a)(2)(ii)), (6) Grammanik Bank (50 CFR
622.514(a)(1)(ii)), and (7) Hind Bank Marine Conservation District (50
CFR 622.514(a)(2)). Though trawl gear, trammel nets, purse seines, and
gillnets are used infrequently, if at all, by commercial or
recreational fishermen in Federal waters around Puerto Rico, St. Croix,
or St. Thomas and St. John, the Council recommends being proactive in
protecting marine resources and recommend regulatory action to prohibit
or restrict the use of these fishing gear types in U.S. Caribbean
Federal waters.
Currently, trawl gear, which includes bottom and mid-water trawls,
is listed as an authorized fishing gear type for commercial non-
federally managed fisheries, other than the non-managed pelagic
fisheries under each FMP (Table part V to 50 CFR 600.725(v)). As
described in Amendment 2, there is no evidence that commercial
fishermen use or have ever used trawl gear in Federal waters around any
of the island management areas, except for limited exploratory research
(e.g., for commercial fishing purposes) conducted in the early 1900s.
As discussed, the use of trammel net gear is currently prohibited
in the federally-managed reef fish and spiny lobster fisheries in
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St.
John. Trammel nets are not listed in Table part V to 50 CFR 600.725(v)
as an authorized fishing gear type in any managed or non-managed
fisheries in Federal waters around Puerto Rico, St. Croix, and St.
Thomas and St. John. As described in Amendment 2, some trammel net
landings of non-managed species such as baitfish have been reported
from fisheries located in Federal waters around Puerto Rico. There is
no evidence of the use of trammel nets in fisheries located in Federal
waters around the USVI.
Similar to trammel net gear, purse seine is not identified in Table
part V to 50 CFR 600.725(v) as an authorized fishing gear type for any
fishery in any of the island management areas. As discussed in
Amendment 2, purse seines are not used in any fishery located in
Federal waters around Puerto Rico or the USVI.
As discussed in Amendment 2, the use of gillnets is prohibited in
the federally-managed reef fish and spiny lobster fisheries, and they
are rarely used by commercial fishermen in non-managed fisheries in
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St.
John due to depth and distance from the coast. However, gillnets are
allowed and used in Puerto Rico territorial waters to fish for certain
non-managed commercial species, including baitfish. Gillnets are
prohibited in USVI territorial waters, except for gillnets used at the
surface for the commercial harvest of certain species of baitfish.
In addition to impacts associated with the use of certain types of
fishing gear discussed above, there is a concern about the mortality of
reef fish that are released after capture by commercial and
recreational fishermen, particularly reef fish caught in Federal waters
around Puerto Rico, St. Croix, and St. Thomas and St. John that
experience injuries related to barotrauma. Barotrauma in fish is the
rapid expansion of gases inside a fish as it is rapidly retrieved from
depth. Barotrauma generally occurs when retrieving fish from depths of
90 feet (27.4 meters) or greater, though it can occur in waters as
shallow as approximately 33 feet (10 meters) deep. Fishermen can help
increase the survivability of fish showing signs of barotrauma that are
released by using a descending device. A descending device lowers a
fish back to depth where internal gases recompress and the fish can be
released unharmed. Descending devices are not currently required to be
on any fishing vessels in U.S. Caribbean Federal waters.
Actions Contained in Amendment 2
Amendment 2 would (1) prohibit the use of trawls, trammel nets, and
purse seines in all fisheries located in Federal waters around Puerto
Rico, St. Croix, and St. Thomas and St. John, (2) prohibit the use of
gillnets in federally-managed fisheries in Federal waters around Puerto
Rico, St. Croix, and St. Thomas and St. John, and restrict the use of
gillnets in non-managed fisheries to a gillnet that meets specified
requirements, and (3) require a descending device be available and
ready for use on each fishing vessel when fishing in federally-managed
reef fish fisheries located in Federal waters around Puerto Rico, St.
Croix, and St. Thomas and St. John.
Trawl, Trammel Net, and Purse Seine Gear Prohibition
As described in Amendment 2, the Council recommended a
precautionary approach to management that would prevent the future use
of trawl, trammel net, and purse seine gear by any sector (i.e.,
commercial and recreational) in any fishery (i.e., managed and non-
managed) located in Federal waters around Puerto Rico, St. Croix, and
St. Thomas and St. John. With respect to non-managed fisheries, the
Magnuson-Stevens Act gives the fishery management councils and NMFS
authority to regulate fishing activity to support the conservation and
management of fisheries, which can include regulations that pertain to
non-managed fisheries. Through this precautionary action, the Council
seeks to prevent potentially negative effects to habitats and species
associated with the use of certain types of fishing gear.
Amendment 2 would prohibit the use of trawl, trammel net, and purse
seine gear in all fisheries located in Federal waters around Puerto
Rico, St. Croix, and St. Thomas and St. John. If implemented, and the
gear types are specifically prohibited, fishermen would not be able to
petition the Council to use of trawl, trammel net, and purse seine gear
in Federal waters.
Gillnet Gear Prohibition and Restriction
Amendment 2 includes a precautionary action to prohibit the use of
gillnets in all federally-managed fisheries located in Federal waters
around Puerto Rico, St. Croix, and St. Thomas and St. John. Amendment 2
would also restrict the use of gillnets in Federal waters around Puerto
Rico, St. Croix, and St. Thomas and St. John to commercial non-managed
fisheries only, and only so long as the gillnet meets the following
specifications and requirements: (1) the gillnet mesh size must be
exactly 0.75 inches (1.9 centimeters) square or 1.5 inches (3.8
centimeters) stretched; (2) one gillnet up to 600 feet (182.9 m) in
length is allowed on board a vessel; (3) the gillnet must be used 20
feet (6.1 m) or more above the bottom; and (4) the gillnet must be
tended at all times.
The current use of gillnets in the commercial non-managed fisheries
located in Federal waters around Puerto
[[Page 68575]]
Rico, St. Croix, and St. Thomas and St. John is minimal, due to the
water depth and distance from the coast. Amendment 2 would establish
specific requirements for gillnets used in these fisheries to prevent
or minimize potential negative ecological and biological effects (e.g.,
bycatch of undersized individuals or protected species), and to prevent
physical effects to habitats in the U.S. Caribbean Federal waters,
which may occur if a gillnet is attached to or makes contact with the
bottom. The specific gillnet requirements were developed to reflect how
the gear is currently used by commercial fishermen in territorial
waters around Puerto Rico and the USVI to harvest baitfish.
Descending Devices
Amendment 2 would require a descending device be on board a
commercial or recreational vessel and readily available for use while
fishing for or possessing species of reef fish managed under the FMPs.
The list of reef fish managed by the Council in each FMP and can be
found in table 3 to 50 CFR part 622.431 (Puerto Rico), table 2 to 50
CFR part 622.471 (St. Croix), and table 2 to 50 CFR part 622.506 (St.
Thomas and St. John).
For this proposed requirement, a descending device means an
instrument that is attached to a minimum 16-ounces (454-grams) of
weight and length of line that will release the fish at the depth from
which it was caught, or a minimum of 60 feet (18.3 meters). The
descending device attaches to the fish's mouth or is a container that
will hold the fish. The device must be capable of releasing the fish
automatically, by the actions of the operator of the device, or by
allowing the fish to escape on its own. Since minimizing surface time
is critical to increasing survival, a descending device must be readily
available for use while engaged in fishing for federally-managed reef
fish.
Proposed Rule for Amendment 2
NMFS has drafted a proposed rule to implement Amendment 2. 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 Amendment 2 for Secretarial review,
approval, and implementation. Comments on Amendment 2 must be received
by October 28, 2024. NMFS is considering if additional time for
implementing the descending device requirement would be warranted to
allow the Council the opportunity to conduct additional outreach and
education activities and for fishermen to obtain the required
descending device. NMFS will announce for the effective date of the
descending device requirement in any final rule for Amendment 2.
Comments received during the respective comment periods, whether
specifically directed to Amendment 2 or the proposed rule will be
considered by NMFS in the decision to approve, disapprove, or partially
approve Amendment 2. Comments received after the comment periods will
not be considered by NMFS in this decision. All comments received by
NMFS on Amendment 2 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: August 21, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-19172 Filed 8-26-24; 8:45 am]
BILLING CODE 3510-22-P
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