Rule2025-11712
Fishery Management Plan of Puerto Rico; Triggerfish Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 25, 2025
Effective
July 25, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to implement management measures described in Framework Action 3 under the Puerto Rico Fishery Management Plan (FMP) (Framework Action 3). Specifically, this final rule modifies the annual catch limits (ACLs) for the triggerfish stock complex in Federal waters off Puerto Rico. The purpose of this final 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 90 Issue 120 (Wednesday, June 25, 2025)</title>
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[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Rules and Regulations]
[Pages 26940-26943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11712]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 250623-0107]
RIN 0648-BN22
Fishery Management Plan of Puerto Rico; Triggerfish Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement management measures
described in Framework Action 3 under the Puerto Rico Fishery
Management Plan (FMP) (Framework Action 3). Specifically, this final
rule modifies the annual catch limits (ACLs) for the triggerfish stock
complex in Federal waters off Puerto Rico. The purpose of this final
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: This final rule is effective July 25, 2025.
ADDRESSES: Electronic copies of Framework Action 3, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act 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#6805091a0109460407180d122806070909460f071e"><span class="__cf_email__" data-cfemail="9ef3ffecf7ffb0f2f1eefbe4def0f1ffffb0f9f1e8">[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
[[Page 26941]]
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). On December 17, 2024, NMFS
published a proposed rule to implement Framework Action 3 and requested
public comment (89 FR 102100). The proposed rule and Framework Action 3
outline the rationale for the actions contained in this final rule. A
summary of the management measures described in Framework Action 3 and
implemented by this final rule is described below.
Executive Order 14172, ``Restoring Names that Honor American
Greatness'' (January 20, 2025), directs that the Gulf of Mexico be
renamed the Gulf of America. Consistent with the order, NMFS uses Gulf
of America to refer to the geographical area previously known as the
Gulf of Mexico, except when a statute or existing regulations
explicitly refer to the ``Gulf of Mexico.'' Relevant to this
rulemaking, existing regulations contained in 50 CFR part 622,
including the heading for that part, refer to the Gulf of Mexico, as
well as the South Atlantic and Caribbean. Amending the heading of 50
CFR part 622 is beyond the scope of this rulemaking.
All weights described in this final rule are in round weight.
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.
This action is taken under the statutory authority of the Magnuson-
Stevens Act section 303(a)(1) as necessary and appropriate for the
conservation and management of the fishery to prevent overfishing and
to promote the long-term health and stability of the fishery.
NMFS, with the advice of the Council, manages fisheries in Federal
waters around Puerto Rico under the Puerto Rico FMP. On September 22,
2020, the Secretary of Commerce approved the Puerto Rico FMP 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 (nm) (16.7 kilometers (km)) 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 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
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
recommended an 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. For the triggerfish stock complex, the current
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
Council's 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
Council's SSC scientific uncertainty buffer and reflecting the
acceptable probability of overfishing determined by the Council
(defined as P*). The Council's SSC coordinated with the SEFSC to
provide OFLs and ABCs for the triggerfish stock complex. At the
December 2022 Council meeting, the Council's 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.
NMFS agreed with the Council's recommendation to use a P* value of 0.4
and set a constant value OFL and ABC, which are equal to the 3-year
average OFLs and ABCs from
[[Page 26942]]
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, NMFS and 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 recommended a 5 percent management uncertainty buffer to 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, Framework Action 3 did not
consider any revisions to the sector allocations for the triggerfish
complex.
Management Measures Contained in This Final Rule
This final rule revises the total, commercial, and recreational
ACLs for the triggerfish stock complex in Federal waters off Puerto
Rico. The total ACL for the triggerfish stock complex will decrease
from 90,552 lb (41,073.6 kg) to 87,220 lb (39,562 kg). The commercial
ACL for the complex will decrease from 83,099 lb (37,693 kg) to 80,041
lb (36,306 kg). The recreational ACL for the complex will decrease from
7,453 lb (3,380.6 kg) to 7,178 lb (3,256 kg).
The updated ACLs are expected to better protect the stock complex
against the risk of overfishing in relation to the current ACLs, thus
ensuring, to the greatest extent practicable, continued access to the
resource in future years.
Measures Contained in Framework Action 3 Not Codified in This Final
Rule
In addition to the ACL revisions described in this final 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, will be 0.215. The OFL will decrease
from the SYL (OFL proxy) of 190,636 lb (86,471 kg) to 118,283 lb
(53,652 kg), and the ABC will 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 in Framework Action 3 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 the stock complex against the risk of overfishing in
relation to the current reference points, thus ensuring, to the
greatest extent practicable, continued access to the resource in future
years.
Comments and Responses
NMFS did not receive any comments on the proposed rule to implement
management measures described in Framework Action 3. Therefore, no
changes were made to this final rule based on public comment.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Framework Action 3, the Puerto Rico FMP, other
provisions of the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 14192 regulatory action because this action is not significant
under Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting or recordkeeping
compliance requirements are introduced in this final rule. This final
rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). A description
of this final rule, why it is being considered, and the purposes of
this final rule are contained in the SUMMARY and SUPPLEMENTARY
INFORMATION sections of this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this final rule
would not have a significant economic impact on a substantial number of
small entities. The factual basis for the certification was published
in the proposed rule and is not repeated here. No comments from the
public were received regarding this certification. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order 13175 is not required, and the requirements of sections (5)(b)
and (5)(c) of Executive Order 13175 also do not apply. A Tribal summary
impact statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of
Executive Order 13175 is not required and has not been prepared.
List of Subjects in 50 CFR Part 622
Caribbean, Fisheries, Fishing, Reef fish, Triggerfish.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 23, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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) to read as follows:
Sec. 622.440 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(1) * * *
[[Page 26943]]
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\.
* * * * * * *
------------------------------------------------------------------------
\1\ Indicator stock.
* * * * *
(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\.
* * * * * * *
------------------------------------------------------------------------
\1\ Indicator stock.
* * * * *
(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\.
* * * * * * *
------------------------------------------------------------------------
\1\ Indicator stock.
* * * * *
[FR Doc. 2025-11712 Filed 6-24-25; 8:45 am]
BILLING CODE 3510-22-P
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