Proposed Rule2024-29569
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plan of Puerto Rico; Triggerfish Management Measures
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Published
December 17, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement management measures described in Framework Action 3 under the Fishery Management Plan (FMP) for Puerto Rico (Framework Action 3). If implemented, this proposed rule would modify the annual catch limits (ACLs) for the triggerfish stock complex in Federal waters off Puerto Rico. The purpose of this proposed rule and Framework Action 3 is to update management reference points for the triggerfish stock complex under the Puerto Rico FMP consistent with the most recent stock assessment to prevent overfishing and achieve optimum yield (OY).
Full Text
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Proposed Rules]
[Pages 102100-102103]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29569]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 241210-0322]
RIN 0648-BN22
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plan of Puerto Rico; Triggerfish Management Measures
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 management measures described in
Framework Action 3 under the Fishery Management Plan (FMP) for Puerto
Rico (Framework Action 3). If implemented, this proposed rule would
modify the annual catch limits (ACLs) for the triggerfish stock complex
in Federal waters off Puerto Rico. The purpose of this proposed rule
and Framework Action 3 is to update management reference points for the
triggerfish stock complex under the Puerto Rico FMP consistent with the
most recent stock assessment to prevent overfishing and achieve optimum
yield (OY).
DATES: Written comments must be received by January 16, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0105">https://www.regulations.gov/docket/NOAA-NMFS-2024-0105</a>. You may
submit comments on this document, identified by ``NOAA-NMFS-2024-0105''
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-2024-0105'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit all written comments to Maria Lopez-Mercer,
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
<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).
Electronic copies of Framework Action 3, which includes 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/framework-action-3-puerto-rico-fishery-management-plan-modification-status-determination">https://www.fisheries.noaa.gov/action/framework-action-3-puerto-rico-fishery-management-plan-modification-status-determination</a>.
FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, NMFS Southeast
Regional Office, 727-824-5305, <a href="/cdn-cgi/l/email-protection#aec3cfdcc7cf80c2c1decbd4eec0c1cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="ed808c9f848cc381829d8897ad83828c8cc38a829b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The triggerfish stock complex in the Federal
waters off Puerto Rico consists of ocean triggerfish, gray triggerfish
and queen triggerfish, and is managed under the Puerto Rico FMP. The
Puerto Rico FMP was prepared by the Caribbean Fishery Management
Council (Council), approved by the Secretary of Commerce, and is
implemented by NMFS 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 OY 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 Council and NMFS manage fisheries in Federal waters around
Puerto Rico under the Puerto Rico FMP. The Puerto Rico FMP was approved
by the Secretary of Commerce on September 22, 2020, along with the St.
Croix and St. Thomas and St. John FMPs, under section 304(a)(3) of the
Magnuson-Stevens Act. NMFS published the final rule in the Federal
Register to implement the Puerto Rico FMP on September 13, 2022 (87 FR
56204), which, among other measures, included the current ACL values
for the triggerfish stock complex in Puerto Rico. The Puerto Rico FMP
contains management measures applicable for Federal waters off Puerto
Rico, which extend seaward from 9 nautical miles (nmi; 16.7 kilometers)
from shore to the offshore boundary of the U.S. Caribbean exclusive
economic zone.
The Puerto Rico FMP established status determination criteria (SDC)
and other management reference points for triggerfish species under
Federal management in Federal waters off Puerto Rico. In the Puerto
Rico FMP, the triggerfish stock complex contains queen triggerfish,
ocean triggerfish, and gray triggerfish. Queen triggerfish is the
indicator stock for the complex because of the limited information
(e.g., landings) available for ocean and gray triggerfish. Thus,
management measures, SDC, and other reference points are based on
landings of queen triggerfish only, but apply to the entire complex.
The Puerto Rico FMP applies a four-tiered acceptable biological
catch (ABC) control rule depending on differing levels of data
availability. Each tier specifies SDC, such as the maximum fishing
mortality threshold (MFMT), minimum stock size threshold (MSST), and
overfishing limit (OFL), or OFL proxy, and other reference points such
as the maximum sustainable yield (MSY), or MSY proxy, and ABC. Under
[[Page 102101]]
the ABC control rule, tier 1 applies to stocks with the most data
available, and each subsequent tier operates with less available data
than the preceding tier. Tier 4, the final tier, is the most data
limited and applies when no accepted quantitative assessment is
available. Tier 4 contains two sub-tiers, tier 4a and tier 4b, which
are based on an understanding of the stock's vulnerability to fishing
pressure. Tier 4a applies when the stock's vulnerability to fishing
pressure is relatively low or moderate, while tier 4b applies to stocks
with a high vulnerability to fishing pressure.
In the Puerto Rico FMP, the triggerfish stock complex is considered
a tier 4a stock and the MSY proxy, MFMT, and MSST were defined, but as
a result of data limitations, were not quantified. Similarly, the OFL
for the triggerfish stock complex could not be quantified in the Puerto
Rico FMP and a new reference point, the sustainable yield level (SYL),
was quantified and used as the OFL proxy. The SYL is a level of
landings that can be sustained by a stock over the long-term. For the
triggerfish stock complex, the Council's Scientific and Statistical
Committee (SSC) derived the ABC from the SYL, and the Council set the
ACL for the triggerfish stock complex equal to 95 percent of the
recommended ABC. The total ACL was set equal to OY. Under the Puerto
Rico FMP, commercial and recreational data were available to establish
sector-specific ACLs for the triggerfish stock complex, which were
equal to 91.77 percent and 8.23 percent of the total ACL, respectively.
All weights described in this proposed rule are in round weight.
For the triggerfish stock complex, the total ACL is 90,552 pounds
(lb; 41,073.6 kilograms [kg]), the commercial ACL is 83,099 lb (37,693
kg), and the recreational ACL is 7,453 lb (3,380.6 kg).
In 2022, the Southeast Data, Assessment, and Review (SEDAR) stock
assessment was completed for queen triggerfish in Puerto Rico (SEDAR
80). SEDAR 80 was reviewed by the Council's SSC and determined to be
suitable for short-term (i.e., <5 years) management advice. The SSC in
consultation with NMFS' Southeast Fisheries Science Center (SEFSC)
determined that SEDAR 80 represented the best scientific information
available and recommended queen triggerfish (i.e., the triggerfish
stock complex) be reclassified from a tier 4a stock to a tier 3 stock
(data limited, accepted assessment available) under the Puerto Rico FMP
ABC control rule. Under tier 3, if the biomass of the stock goes below
MSST, the stock would be determined to be overfished and the Council
would then need to develop a rebuilding plan capable of returning the
stock to a level that allows the stock to achieve MSY on a continuing
basis. Additionally, under tier 3, in years when there is a stock
assessment, the stock would be considered to be undergoing overfishing
if fishing mortality exceeds the MFMT. This level of fishing mortality,
if continued, would reduce the stock biomass to an overfished
condition. In years in which there is no assessment, the stock complex
would be considered to be undergoing overfishing if landings exceed the
OFL.
Under tier 3, the ABC is derived by reducing the OFL by the SSC's
scientific uncertainty buffer and reflecting the acceptable probability
of overfishing determined by the Council (defined as P*). The SSC
coordinated with the SEFSC to provide OFLs and ABCs for the triggerfish
stock complex. At the December 2022 Council meeting, the SSC
recommended both variable and constant OFLs and ABCs for years 2024 to
2026 for the triggerfish stock complex, with the ABCs across a range of
P* values. The Council recommended a P* value of 0.4 and the constant
value OFL and ABC, which are equal to the 3-year average OFLs and ABCs
from years 2024 to 2026. The total ACL for the triggerfish stock
complex is then derived by reducing the ABC by the Council's management
uncertainty buffer.
Following the SEDAR 80 stock assessment and recommendations from
the Council's SSC, the Council developed Framework Action 3 to update
management reference points to prevent overfishing of the triggerfish
stock complex and achieve OY, consistent with the requirements of the
Magnuson-Stevens Act. In Framework Action 3, the Council decided to
recommend a 5 percent management uncertainty buffer and set the total
ACL for the stock complex equal to 95 percent of the ABC. The Council
specified commercial and recreational ACLs for the triggerfish stock
complex using the same sector allocation percentages used under the
Puerto Rico FMP (91.77 percent of the total ACL for the commercial
sector and 8.23 percent of the total ACL for the recreational sector).
Currently, recreational landings in Puerto Rico are not being collected
by the NMFS' Marine Recreational Information Program, which was
disrupted by Hurricane Maria in 2017, and has not yet resumed
operations in Puerto Rico. Therefore, at this time it is not possible
to revise the sector allocations for the triggerfish complex.
Management Measures Contained in This Proposed Rule
If implemented, this proposed rule would revise the total,
commercial, and recreational ACLs for the triggerfish stock complex in
Federal waters around Puerto Rico. The total ACL for the triggerfish
stock complex would decrease from 90,552 lb (41,073.6 kg) to 87,220 lb
(39,562 kg). The commercial ACL for the complex would decrease from
83,099 lb (37,693 kg) to 80,041 lb (36,306 kg). The recreational ACL
for the complex would decrease from 7,453 lb (3,380.6 kg) to 7,178 lb
(3,256 kg).
The updated ACLs are expected to better protect against the risk of
overfishing of the stock complex in relation to the current ACLs, thus
ensuring, to the greatest extent practicable, continued access to the
resource in future years.
Measures in Framework Action 3 Not Codified in This Proposed Rule
In addition to the ACL revisions described in this proposed rule
and consistent with SEDAR 80, Framework Action 3 revises the MFMT, OFL,
and ABC for the triggerfish stock complex under the Puerto Rico FMP.
The MFMT, previously not quantified, would be 0.215. The OFL would
decrease from the SYL (OFL proxy) of 190,636 lb (86,471 kg) to 118,283
lb (53,652 kg), and the ABC would decrease from 95,318 lb (45,236 kg)
to 91,810 lb (41,644 kg). Because estimates of the long-term
recruitment for queen triggerfish assessed in SEDAR 80 are unknown,
values for the MSY and MSST were not quantified and remain as defined
under tier 3 of the ABC control rule. The MSY proxy is equal to 30
percent of the spawning potential ratio, and MSST is equal to 75
percent of the spawning stock biomass produced when fishing at MSY or
MSY proxy. The updated management reference points are expected to
better protect against the risk of overfishing of the stock complex in
relation to the current reference points, thus ensuring, to the
greatest extent practicable, continued access to the resource in future
years.
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 Framework Action 3, the Puerto Rico FMP, 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
[[Page 102102]]
purposes of Executive Order 12866. The Magnuson-Stevens Act provides
the statutory basis for this proposed rule. No duplicative,
overlapping, or conflicting Federal rules have been identified. In
addition, no new reporting and record-keeping requirements are
introduced by this proposed rule. This proposed rule contains no
information collection requirements under the Paperwork Reduction Act
of 1995.
The Chief Counsel for Regulation of the Department of Commerce
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 certification is as follows. A copy of the
full analysis is available from NMFS (see ADDRESSES).
A description of the action, why it is being considered, and the
objectives of this proposed rule are contained in the SUMMARY section
of this proposed rule.
This proposed action directly impacts commercial and recreational
fishing for queen triggerfish in Federal waters off Puerto Rico.
Recreational fishers (anglers) are not considered small entities as
that term is defined in 5 U.S.C. 601(6), whether fishing from charter
vessels (for-hire), private or leased vessels. Therefore, estimates of
the number of anglers directly affected by the proposed action and any
impacts on them are neither required nor assessed here.
For-hire fishing businesses sell services to recreational fishers
(anglers). The proposed changes to the total ACL and corresponding
recreational ACL for queen triggerfish in Puerto Rico would not
directly alter the services sold by for-hire fishing businesses. Any
change in demand for these fishing services, and associated economic
effects, as a result of this action would be a consequence of a change
in anglers' behavior, secondary to any direct effect on anglers.
Therefore, the impact on for-hire fishing businesses would be an
indirect effect of the proposed action.
The proposed action would directly apply to commercial fishing
businesses that operate in Federal waters off Puerto Rico. For RFA
purposes, NMFS has established a small business size standard for
businesses, including their affiliates, whose primary industry is
commercial fishing. A business primarily involved in the commercial
fishing industry (North American Industrial Classification Code 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 no more than $11
million for all of its affiliated operations worldwide. None of Puerto
Rico's commercial fishermen had or have annual revenues that reach that
figure. As each fisherman is assumed to represent a unique business,
NMFS concludes that all commercial fishing businesses in Puerto Rico
are small.
At the time Framework Action 3 was prepared, the most recent 5-year
commercial landings data considered to be the best available science
are from 2015 through 2019. Consequently, estimates of the number of
small commercial fishing businesses directly affected by the action and
any impacts on them are based on landings from 2015 through 2019. From
2015 through 2019, an annual average of 80 (10.2 percent) of Puerto
Rico's 785 small commercial fishing businesses harvested queen
triggerfish from Federal and unknown waters. For this proposed rule,
``unknown waters'' represent an area around Puerto Rico for which the
jurisdiction, Federal or territorial, was not reported on the
commercial catch report form.
Queen triggerfish is part of the triggerfish stock complex, and the
proposed action would reduce the total ACL for the triggerfish stock
complex in Puerto Rico from 90,552 lb (41,073.6 kg), to 87,220 lb
(39,562 kg). This rule would correspondingly reduce the commercial ACL
for the triggerfish stock complex from 83,099 lb (37,693 kg), to 80,041
lb (36,306 kg). From 2015 through 2019, annual commercial landings of
queen triggerfish ranged from 40,437 lb (18,342 kg) to 71,407 lb
(32,390 kg). From those landings, there is no future expectation that
any single year or average of multiple years of commercial landings of
queen triggerfish would reach or exceed the current commercial ACL
(83,009 lb, (37,693 kg)) or proposed commercial ACL (80,041 lb, (36,306
kg)). Moreover, although preliminary, the most recent monitoring of
total triggerfish landings indicates those landings are substantially
below the current and proposed total ACL. As such, the proposed action
would not affect small businesses' commercial landings of triggerfish
in Puerto Rico. Therefore, the proposed rule would have no significant
impact on a substantial number of small entities.
List of Subjects in 50 CFR Part 622
Caribbean, Fisheries, Fishing, Reef fish, Triggerfish.
(Authority: 16 U.S.C. 1801 et seq.)
Dated: December 11, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.440, amend paragraphs (a)(1) through (3) by revising
the table headings and the entries for Triggerfishes for Table 1 to
Sec. 622.440(a)(1), Table 2 to Sec. 622.440(a)(2), and Table 3 to
Sec. 622.440(a)(3). The revisions read as follows:
Sec. 622.440 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(1) * * *
[[Page 102103]]
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Stock or stock complex
Family and species Commercial ACL
composition
------------------------------------------------------------------------
* * * * * * *
Triggerfishes................. Triggerfish--gray 80,041 lb
triggerfish, ocean (36,306 kg).
triggerfish, queen
triggerfish \1\.
* * * * * * *
------------------------------------------------------------------------
* * * * *
(2) * * *
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Stock or stock complex
Family and species Recreational ACL
composition
------------------------------------------------------------------------
* * * * * * *
Triggerfishes................. Triggerfish--gray 7,178 lb (3,256
triggerfish, ocean kg).
triggerfish, queen
triggerfish \1\.
* * * * * * *
------------------------------------------------------------------------
* * * * *
(3) * * *
Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
Stock or stock complex
Family and species Total ACL
composition
------------------------------------------------------------------------
* * * * * * *
Triggerfishes................. Triggerfish--gray 87,220 lb
triggerfish, ocean (39,562 kg).
triggerfish, queen
triggerfish \1\.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-29569 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-22-P
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