Proposed Rule2024-19940
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 3
Primary source
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Published
September 6, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Caribbean Fishery Management Council (Council) had submitted Amendment 3 to the Fishery Management Plans (FMPs) for Puerto Rice, St. Croix, and St. Thomas and St. John (Amendment 3) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 3 would establish new management measures for dolphinfish (Coryphaena hippurus) and wahoo (Acanthocybium solandri) in U.S. Caribbean Federal waters, including commercial and recreational minimum size limits and recreational bag and possession limits. The purpose of Amendment 3 is to develop management measures to ensure dolphinfish and wahoo have adequate time to mature and reproduce and to take a precautionary approach to management to protect against overfishing.
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Proposed Rules]
[Pages 72794-72795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19940]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BN06
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 3
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) had
submitted Amendment 3 to the Fishery Management Plans (FMPs) for Puerto
Rice, St. Croix, and St. Thomas and St. John (Amendment 3) for review,
approval, and implementation by NMFS. If approved by the Secretary of
Commerce, Amendment 3 would establish new management measures for
dolphinfish (Coryphaena hippurus) and wahoo (Acanthocybium solandri) in
U.S. Caribbean Federal waters, including commercial and recreational
minimum size limits and recreational bag and possession limits. The
purpose of Amendment 3 is to develop management measures to ensure
dolphinfish and wahoo have adequate time to mature and reproduce and to
take a precautionary approach to management to protect against
overfishing.
DATES: Written comments on Amendment 3 must be received on or before
November 5, 2024.
ADDRESSES: You may submit comments on Amendment 3, identified by
``NOAA-NMFS-2024-0070'', 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-2024-0070'', 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 Sarah Stephenson, 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 3, 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-3-puerto-rico-st-croix-and-st-thomas-and-st-john-fishery-management-plans">https://www.fisheries.noaa.gov/action/amendment-3-puerto-rico-st-croix-and-st-thomas-and-st-john-fishery-management-plans</a>.
FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, 727-824-5305,
<a href="/cdn-cgi/l/email-protection#86f5e7f4e7eea8f5f2e3f6eee3e8f5e9e8c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="f4879586959cda878091849c919a879b9ab49a9b9595da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, with the 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 the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
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.
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. For Puerto Rico and the U.S.
Virgin Islands (USVI), NMFS, with the advice of the Council, manages
fisheries under the FMPs. NMFS published the final rule to implement
the FMPs on September 13, 2022 (87 FR 56204). Each FMP contains
management measures applicable for Federal waters in the respective
island management area, including annual catch limits (ACLs), annual
catch targets (ACTs), and accountability measures (AMs) for dolphinfish
and wahoo. 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.
Prior to implementation of the Puerto Rico, St. Croix, and St.
Thomas and St. John FMPs, dolphinfish and wahoo were not federally
managed in Federal waters in the U.S. Caribbean. Because of the
economic importance of these fast-growing, short-lived pelagic species
to the region, they were included for management under each of the
Puerto Rico, St. Croix, and St. Thomas and St. John FMPs, even though,
given their migratory nature, they are exposed to harvest pressure
across a wide area of the Atlantic Ocean, the Gulf of Mexico, and the
Caribbean Sea. While each FMP established ACLs, ACTs, and AMs for
dolphinfish and wahoo, the FMPs did not establish other management
measures often used to limit harvest or effort such as size limits,
recreational bag limits, or commercial trip limits.
At its December 2021 meeting, the Council began discussions on
management measures that could be used to address the increasing
opportunity for the overharvest of juvenile dolphinfish as a result of
the increasing influx and presence of Sargassum in the region.
Sargassum is a type of floating brown algae that provides food,
protection, and habitat for many marine species. The Sargassum mats are
natural fish aggregating devices for dolphinfish and wahoo, including
juveniles of each species, making them easier to locate and catch by
fishermen. In addition, the lack of information available on the
recreational harvest of dolphinfish and wahoo and the potential for
excess harvest of the species to occur during recreational fishing
trips is a concern.
The Puerto Rico, St. Croix, and St. Thomas and St. John FMPs did
not include minimum size limits for dolphinfish or wahoo because these
species were new to Federal management in the U.S. Caribbean. Amendment
3 would establish minimum size limits for dolphinfish and wahoo for all
fishing in U.S. Caribbean Federal waters (commercial and recreational
sectors) to address the potential for small-sized (i.e., juvenile)
individuals of these species to be caught
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year-round. Dolphinfish and wahoo are usually seasonally-caught
species, but the annual influx of Sargassum to the region increases the
likelihood that smaller fish could easily be harvested. Although there
currently is not a large market for smaller-sized dolphinfish or wahoo,
such a fishery could develop in the future and the Council recommends
being proactive in the management of these species. Protecting smaller-
sized dolphinfish and wahoo increases the potential that they have
enough time to reproduce before being harvested.
Currently, there are no recreational bag or possession limits for
dolphinfish or wahoo for the same reasons noted above. Amendment 3
would establish recreational bag and possession limits for dolphinfish
and wahoo to help regulate their harvest in U.S. Caribbean Federal
waters by the recreational sector, for which catch and effort
information are either limited or not available. While the Puerto Rico
FMP established recreational sector ACLs and ACTs for dolphinfish and
wahoo, the Marine Recreational Information Program that collected
recreational data for Puerto Rico was suspended in 2017 and has not
resumed to date. Recreational data were not collected for St. Croix or
St. Thomas and St. John. As a result, neither the St. Croix FMP nor the
St. Thomas and St. John FMP established sector-specific ACLs and ACTs
for dolphinfish and wahoo. Though some catch information is available
from recreational fishing tournaments that occur in Puerto Rico and the
USVI, that information likely underrepresents the total number of
dolphinfish or wahoo caught each year by the recreational sector. Thus,
the number of recreational fishermen and the amount of dolphinfish or
wahoo removed by the sector are largely unknown for the region. Setting
recreational bag and possession limits for the recreational sector in
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St.
John could reduce the chance of overfishing the resource, while
allowing fishermen access to the species.
The proposed recreational bag and possession limits for dolphinfish
would be more conservative than the recreational bag and possession
limits that apply in Puerto Rico territorial waters, but consistent
with the recreational bag and possession limits that apply in St.
Croix, St. Thomas and St. John territorial waters. With respect to
wahoo, the proposed recreational bag and possession limits would be
consistent with the recreational bag and possession limits that apply
in Puerto Rico territorial waters, but more conservative than the
recreational bag and possession limits that apply in St. Croix, St.
Thomas and St. John territorial waters. Compatible regulations make it
easier for fishermen to comply with the regulations and for law
enforcement to monitor compliance to the regulations.
During development of Amendment 3, the Council also considered
actions to establish commercial trip limits for dolphinfish and wahoo.
Because the commercial landings of dolphinfish and wahoo in each island
management area have been less than the corresponding ACLs, the Council
recommended that additional harvest constraints for the commercial
sector were not needed at this time.
Actions Contained in Amendment 3
For dolphinfish and wahoo, Amendment 3 would establish commercial
and recreational minimum size limits and recreational bag and
possession limits in Federal waters around Puerto Rico, St. Croix, and
St. Thomas and St. John.
Size Limits
Currently, no minimum size limits are in place for dolphinfish or
wahoo in Federal waters around Puerto Rico, St. Croix, and St. Thomas
and St. John. All sizes of dolphinfish or wahoo that are caught by
commercial or recreational fishermen can be retained, though subject to
the applicable ACLs and ACTs. For commercial and recreational fishing
in the Federal waters around Puerto Rico, St. Croix, and St. Thomas and
St. John, Amendment 3 would establish a 24 inches (61.0 centimeters
(cm)) fork length (FL), minimum size limit for dolphinfish and a 32
inches (81.3 cm) FL, minimum size limit for wahoo. As described in
Amendment 3, these minimum size limits are based on size at maturity
information reported for each species in the U.S. Caribbean.
Recreational Bag Limits
Currently, no recreational bag or possession limits are in place
for dolphinfish or wahoo in Federal waters around Puerto Rico, St.
Croix, and St. Thomas and St. John. All dolphinfish or wahoo that are
caught by recreational fishermen in U.S. Caribbean Federal waters
during a recreational fishing trip can be retained, though subject to
the applicable ACLs and ACTs. For Federal waters around Puerto Rico,
Amendment 3 would establish a recreational bag and possession limit of
5 dolphinfish per person per day, not to exceed 15 dolphinfish per
vessel per day, whichever is less and a recreational bag and possession
limit of 5 wahoo per person per day, not to exceed 10 wahoo per vessel
per day, whichever is less. For Federal waters around St. Croix and St.
Thomas and St. John, Amendment 3 would establish recreational bag and
possession limits of 10 dolphinfish per person per day, not to exceed
32 dolphinfish per vessel per day, whichever is less and recreational
bag and possession limits of 2 wahoo per person per day, not to exceed
10 wahoo per vessel per day, whichever is less. As described in
Amendment 3, these recreational bag and possession limits proposed for
Federal waters are either consistent with, or more conservative than,
current territorial bag limit regulations for dolphinfish and wahoo.
Proposed Rule for Amendment 3
A proposed rule to implement Amendment 3 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with Amendment 3,
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 3 for Secretarial review,
approval, and implementation. Comments on Amendment 3 must be received
by November 5, 2024. Comments received during the respective comment
periods, whether specifically directed to Amendment 3 or the proposed
rule will be considered by NMFS in the decision to approve, disapprove,
or partially approve Amendment 3. Comments received after the comment
periods will not be considered by NMFS in this decision. All comments
received by NMFS on Amendment 3 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 30, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-19940 Filed 9-5-24; 8:45 am]
BILLING CODE 3510-22-P
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