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Rule2025-11714

Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and St. John; Amendment 3

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Published

June 25, 2025

Effective

July 25, 2025

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS issues regulations to implement management measures described in Amendment 3 to the Fishery Management Plans (FMPs) for Puerto Rico, St. Croix, and St. Thomas and St. John (Amendment 3), as prepared by the Caribbean Fishery Management Council (Council). This final rule establishes 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 the management measures contained in this final rule and Amendment 3 is to ensure dolphinfish and wahoo have adequate time to mature and reproduce and to help protect against overfishing.

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 26934-26940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11714]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 250623-0109]
RIN 0648-BN06

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: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures
described in Amendment 3 to the Fishery Management Plans (FMPs) for
Puerto Rico, St. Croix, and St. Thomas and St. John (Amendment 3), as
prepared by the Caribbean Fishery Management Council (Council). This
final rule establishes 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
the management measures contained in this final rule and Amendment 3 is
to ensure dolphinfish and wahoo have adequate time to mature and
reproduce and to help protect against overfishing.

DATES: This final rule is effective July 25, 2025.

ADDRESSES: Electronic copies 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#fc8f9d8e9d94d28f88998c9499928f9392bc92939d9dd29b938a"><span class="__cf_email__" data-cfemail="0d7e6c7f6c65237e79687d6568637e62634d63626c6c236a627b">[email&#160;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. 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).
On September 6, 2024, NMFS published a notice of availability for
Amendment 3 and requested public comment (89 FR 72794). On September
27, 2024, NMFS published a proposed rule for Amendment 3 and requested
public comment (89 FR 79220). NMFS approved Amendment 3 on November 27,
2024. The proposed rule and Amendment 3 outline the rationale for the
actions contained in this final rule. The management measures described
in Amendment 3 and implemented by this final rule are 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.

Background

The Magnuson-Stevens Act requires NMFS 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.
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.
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 off the respective island management
area. Federal regulations at 50 CFR part 622 subparts S, T, and 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.
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 to the region of these fast-growing, short-lived pelagic
species, they were included for management under each of the Puerto
Rico, St. Croix, and St. Thomas and St. John FMPs, even though they are
exposed to harvest pressure across a wide area of the Atlantic Ocean,
the Gulf of America, and the Caribbean Sea due to their migratory
nature. While each FMP established annual catch limits (ACLs), annual
catch targets (ACTs), and accountability measures (AMs) for dolphinfish
and wahoo, the FMPs did not establish other management measures often
used to limit harvest or effort, such as minimum size limits,
recreational bag and possession limits, or commercial trip limits.
Two species of dolphinfish occur and are federally managed in the
U.S. Caribbean. The dolphinfish species affected by Amendment 3 and
this final rule is Coryphaena hippurus, also known as dolphinfish,
dolphin, dorado, or mahi mahi.
At its December 2021 meeting, the Council began discussing
management measures that could address the increasing risk of
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

[[Page 26935]]

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. In addition, the lack of information
available on the recreational harvest of dolphinfish and wahoo and the
potential for excess harvest of these species to occur during
recreational fishing trips is a source of uncertainty for the
management of these species.
The Puerto Rico, St. Croix, and St. Thomas and St. John FMPs and
the final rule implementing those FMPs did not include minimum size
limits for dolphinfish or wahoo because these species were new to
Federal management in the U.S. Caribbean. This final rule establishes
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 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 recommended 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.
Before this rulemaking, there were no recreational bag or
possession limits for dolphinfish or wahoo for the same reasons noted
above. This final rule establishes recreational bag and possession
limits for dolphinfish and wahoo to help regulate recreational harvest
in U.S. Caribbean Federal waters. While the Puerto Rico FMP established
recreational ACLs and ACTs for dolphinfish and wahoo, the Marine
Recreational Information Program (MRIP) 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 U.S. Virgin
Islands (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 risk of overfishing the
resource, while allowing fishermen access to the species.
Because the commercial landings of dolphinfish and wahoo in each
island management area have been less than the corresponding ACLs,
additional harvest constraints for the commercial sector are not needed
at this time.

Management Measures Contained in This Final Rule

For dolphinfish and wahoo, this final rule establishes 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.

Minimum Size Limits

Before this rulemaking, no minimum size limits were in place for
dolphinfish or wahoo in Federal waters around Puerto Rico, St. Croix,
and St. Thomas and St. John. For commercial and recreational fishing in
the Federal waters around Puerto Rico, St. Croix, and St. Thomas and
St. John, this final rule establishes a 24 inches (61.0 centimeter
(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 and Possession Limits

Before this rulemaking, no recreational bag or possession limits
were in place for dolphinfish or wahoo in Federal waters around Puerto
Rico, St. Croix, and St. Thomas and St. John. For Federal waters around
Puerto Rico, this final rule establishes 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. The Federal
recreational bag and possession limits for dolphinfish established by
this rule are 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 and St. Thomas and St. John territorial waters. With
respect to wahoo, the Federal recreational bag and possession limits
established by this rule are 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 and St. Thomas and St. John territorial waters.
For Federal waters around St. Croix and St. Thomas and St. John,
this final rule establishes 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 for Federal waters are either
consistent with, or more conservative than, current territorial bag
limit regulations for dolphinfish and wahoo.

Comments and Reponses

NMFS received 15 unique comments during the public comment periods
on the notice of availability and proposed rule for Amendment 3, which
were submitted by individuals in the general public, fishing
organizations, and a non-governmental organization. The majority of the
comments were in support of some or all of the actions within Amendment
3 and the proposed rule to reduce the risk of overfishing dolphinfish
and wahoo resources. For example, one commenter points to technological
advances driving increased catch rates, while another noted that a
research program in Puerto Rico is documenting declining catch. NMFS
appreciates the information provided and agrees with those comments.
Four comments were opposed to one or more of the proposed actions
specific to Amendment 3 and the proposed rule. Additional comments were
submitted, which although relevant to the management of dolphinfish and
wahoo, were outside the scope of Amendment 3 and the proposed rule.
These comments are grouped as appropriate and summarized below,
followed by NMFS' respective responses. NMFS has not made any changes
from the proposed rule to this final rule based on public comment.
Comment 1: The size limit for dolphinfish (i.e., dorado) should be
30 inches (76.2 cm) FL, instead of the proposed 24 inches (61.0 cm) FL,
size limit that would be implemented in Federal waters of the U.S.
Caribbean.

[[Page 26936]]

Response: Before this rulemaking, there were no size limits
established for dolphinfish in Federal waters around Puerto Rico, St.
Croix, or St. Thomas and St. John. Amendment 3 and this final rule
establish a size limit based on the size at maturity information
reported for the species in the U.S. Caribbean. At 24 inches (61.0 cm)
FL, almost all dolphinfish females caught off Puerto Rico and the USVI
would be mature and would have had the opportunity to reproduce. NMFS
and the Council determined that the 24 inches (61.0 cm) FL size limit
will reduce fishing pressure on the smaller individuals, but, based on
the analysis included in Amendment 3, will not greatly reduce the
amount of commercial catch or recreational harvest for dolphinfish. A
size limit greater than the 24 inches (61.0 cm) FL limit in this final
rule would be more likely to impact commercial and recreational
fishing. Because this species is new to Federal management in the U.S.
Caribbean, NMFS determined, based in part on the Council's
recommendation, that the 24 inches (61.0 cm) FL, size limit
appropriately balances the biological benefits to the species with the
social and economic impacts to fishermen.
Comment 2: A recreational bag limit of 10 dolphinfish per person
per day or 32 dolphinfish per vessel per day in the USVI is too high. A
harvest limit for dolphinfish similar to that proposed for Puerto Rico
(5 fish per person per day or 15 per vessel, whichever is less) would
be more reasonable.
Response: Before this rulemaking, no recreational bag and
possession limits existed for dolphinfish in Federal waters around the
USVI. The recreational bag limit of 10 dolphinfish per person per day
or 32 dolphinfish per vessel per day, which will apply in Federal
waters off St. Croix and off St. Thomas and St. John, is compatible
with current regulations in the territorial waters of the USVI.
Consistent and compatible regulations among Federal and USVI waters
will make it easier for fishermen to comply with the new Federal
regulations and for law enforcement to monitor compliance with and
enforce the regulations. Additionally, MRIP did not collect
recreational data in the USVI, and the number of dolphinfish harvested
by recreational fishermen in Federal waters around the USVI is unknown.
Recreational catch and effort data (e.g., the number of recreational
anglers and methods used when fishing) previously collected by MRIP for
Puerto Rico were not used as a proxy for the USVI because of the
differences among the islands. The recreational bag limits for
dolphinfish were developed through the Council process, including input
from each District Advisory Panel and the public. NMFS believes these
bag limits best represent catch and effort levels that could occur
under current fishing practices. Thus, the more restrictive bag limit
being implemented for Puerto Rico Federal waters was not as suitable
for USVI Federal waters at this time.
Comment 3: The recreational bag limit of 2 wahoo per person per day
for the USVI is too low. A recreational bag limit of 4-5 per person not
to exceed 10 per day per vessel for wahoo is preferable.
Response: Before this rulemaking, no recreational bag and
possession limits existed for wahoo in Federal waters around the USVI.
In USVI territorial waters, the recreational bag limit for wahoo is 4
per person per day not to exceed 20 per vessel per day. For management
of wahoo in Federal waters around St. Croix and St. Thomas and St.
John, NMFS determined, based in part on the Council's recommendation,
that a more conservative Federal recreational bag and possession limit
is appropriate because the Federal minimum size limit selected for
wahoo (i.e., 32 inches [81.3 cm] FL) is less conservative than the non-
selected alternative (i.e., 40 inches [101.6 cm] FL). NMFS is aware
that the more conservative Federal recreational bag and possession
limits could result in adverse social and economic effects due to the
increase in associated discards, especially if recreational fishermen
catch and release smaller fish while trying to harvest larger fish to
retain subject to the bag limit. However, NMFS determined that the
selected alternative balances the biological benefits to these species
with the social and economic impacts to fishermen, especially in the
absence of recreational fishing data.
Comment 4: The recreational bag limits for dolphinfish and wahoo in
Puerto Rico are too high and should be reduced to two per person per
day for dolphinfish and one per person per day for wahoo. Given that
most recreational anglers in Puerto Rico catch only one dolphinfish and
wahoo per trip (as acknowledged in Appendix B3 in Amendment 3), this
recommendation is still a reasonable and fair catch limit.
Response: Before this rulemaking, no recreational bag or possession
limits existed for dolphinfish or wahoo in Federal waters around Puerto
Rico. In Puerto Rico territorial waters, the recreational bag limit for
dolphinfish is 10 per person per day and 30 per vessel per day and for
wahoo is 5 per person per day and 10 per vessel per day. The new
Federal bag and possession limits of 5 dolphinfish per person per day
not to exceed 15 per vessel per day and 5 wahoo per person per day not
to exceed 10 per vessel per day, were developed through the Council
process, including input from the Puerto Rico District Advisory Panel
and the public, and are expected to best represent catch and effort
levels that could occur under current fishing practices. NMFS
determined, based in part on the Council's recommendation, that the
selected alternative balances the biological benefits to these species
with the social and economic impacts to fishermen, especially in the
absence of recreational fishing data. Additionally, the recreational
bag limit for wahoo implemented by this rule will be compatible with
territorial regulations for the species, which will make it easier for
fishermen to comply with the regulations and for law enforcement to
monitor compliance with and enforce the Federal regulations.
Comment 5: The proposed recreational bag limits are too high and
would therefore continue to promote the illegal sale of recreationally
caught fish.
Response: The definition of recreational fishing at 50 CFR 622.2
includes fishing or fishing activities which result in the harvest of
fish, none of which (or parts thereof) is sold, traded, or bartered.
Thus, the sale of recreationally caught fish is illegal, regardless of
the Federal recreational bag limit. The recreational bag limits
implemented by the rule will help regulate the harvest of dolphinfish
and wahoo in Federal waters by the recreational sector, for which catch
and effort information are either limited or not available.
Implementation of the recreational bag and possession limits contained
in Amendment 3 are intended to protect the resource rather than address
the illegal sale of recreationally-caught fish. NMFS determined that
the selected alternatives balance the biological benefits to these
species with the social and economic impacts to fishermen, especially
in the absence of recreational fishing data.
Comment 6: Amendment 3 fails to include any limitations for
commercial harvest of dolphinfish and wahoo and, therefore, lacks
parity in its approach to management of these species to reduce the
risk of overfishing.
Response: Under the Puerto Rico, St. Croix, and St. Thomas and St.
John FMPs, commercial harvest of dolphinfish and wahoo stocks is
constrained to their respective ACLs and ACTs and corresponding AMs are
in place for both species. As described in Amendment 3, the Council
considered actions to establish

[[Page 26937]]

commercial trip limits for dolphinfish and wahoo. Commercial landings
for dolphinfish and wahoo were below the corresponding ACLs and ACTs at
the time Amendment 3 was developed. As a result, additional harvest
constraints for the commercial sector are not needed within Amendment
3. The combination of the respective ACLs and ACTs for the commercial
harvest of these species along with the new recreational bag and
possession limits and minimum size limits for dolphinfish and wahoo
that are applicable for all fishing in Federal waters should reduce the
risk of overfishing dolphinfish and wahoo resources, while allowing
fishermen access to the species.
Comment 7: These size and bag limits should be applied in other
Federal waters, such as Virginia, North Carolina, Maryland and other
east coast states, to keep overfishing of dolphinfish and wahoo from
happening.
Response: NMFS acknowledges that dolphinfish and wahoo occur over a
wide geographical range that includes Atlantic waters off the U.S. east
coast. While these species have a large geographical range, their
Federal management remains to be carried out separately under the three
U.S. Caribbean FMPs and the South Atlantic Dolphin and Wahoo FMP, based
on the best scientific information available for each management area.
Currently minimum size limits apply to dolphinfish in South Atlantic
Federal waters off the coasts of Florida, Georgia, and South Carolina
only. Bag and possession limits apply to dolphinfish and wahoo in South
Atlantic Federal waters off the coasts of all the South Atlantic states
where these species are managed. The managements actions that apply in
South Atlantic Federal waters were implemented by NMFS, based on
recommendations from the South Atlantic Fishery Management Council, and
informed by public comment.
Comment 8: In addition to the management measures in Amendment 3,
further work should be done to fully understand the role of dolphinfish
and wahoo in the larger ecosystem of the U.S. Caribbean territories.
Response: The Council's Ecosystem-Based Fishery Management
Technical Advisory Panel is developing a Fishery Ecosystem Plan (FEP)
that would promote ecosystem-based approaches to ensure healthy,
resilient and productive marine ecosystems and the fisheries resources
dependent upon those ecosystems and evaluate how best to integrate
those ecosystem-based approaches into existing fisheries management in
the U.S. Caribbean (see e.g., 89 FR 58721, July 19, 2024). The draft
FEP is expected to be available for public review by the December 2025
Council meeting.
Comment 9: In-person meetings should be held on the four coasts of
Puerto Rico to get input from fishermen during the development of an
amendment. In-person meetings are more informative for commercial and
recreational fishermen because no matter how much technology is
available for communication, not all of the public depends on it.
Response: During the development of Amendment 3, the public had
multiple opportunities to participate and provide comments in-person in
Puerto Rico. Amendment 3 was discussed during hybrid (virtual and in-
person) Council meetings held in San Juan (December 2021; April,
August, and December 2022; August 2023; and April 2024) and Ponce
(April 2023), Puerto Rico. At each of those meetings, there was time
set aside for the public to comment on the actions under consideration.
Comment 10: While Amendment 3 aims to mitigate overharvesting, it
lacks sufficient clarity on financial support mechanisms for
communities relying economically on dolphinfish and wahoo fisheries.
Given this dependency, it is recommended to create a program that
incentivizes sustainable fishing practices and provides short-term
economic support to offset the financial impact of restrictions on
fishers.
Response: The purpose of Amendment 3 is to establish size limits
and recreational bag limits for dolphinfish and wahoo under the Puerto
Rico FMP, the St. Croix FMP and the St. Thomas and St. John FMP to
ensure undersized individuals have adequate time to mature and
reproduce and to protect against overfishing of dolphinfish and wahoo.
The limited impacts to small entities from these management measures
are discussed in the final regulatory flexibility analysis contained in
the Classification section of this final rule. Establishing financial
support mechanisms for communities relying on dolphinfish and wahoo is
outside the scope of Amendment 3 and the proposed rule.

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 Amendment 3, the FMPs for Puerto Rico, St. Croix, and
St. Thomas and St. John, 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.
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 E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility Analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, NMFS responses to those comments, and a summary
of the analyses completed to support the action. A copy of this
analysis is available from NMFS (see ADDRESSES). A summary of the FRFA
follows.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule. No
public comments were received in response to the IRFA. Additionally, no
comments were received from the Office of Advocacy for the Small
Business Administration.
This final rule will apply to anglers (recreational fishers),
charter vessels and headboats (for-hire vessels), and commercial
fishing businesses that harvest dolphinfish and wahoo in Federal waters
around Puerto Rico and the USVI. Anglers, however, are not considered
small entities as that term is defined in 5 U.S.C. 601(6), whether
fishing from for-hire, privately owned, or leased vessels. Therefore,
neither estimates of the number of anglers nor the impacts on them are
required or provided in this analysis.
Although the provisions of this final rule will apply to for-hire
vessels, they are not expected to have any direct effects on these
entities. For-hire vessels sell fishing services to anglers. The
dolphinfish and wahoo recreational minimum size limits and recreational
bag and possession limits are not expected to directly alter the
services

[[Page 26938]]

sold by these vessels. Any change in demand for these fishing services,
and associated economic effects, as a result of this final rule would
be a consequence of a change in anglers' behavior, secondary to any
direct effect on anglers and, therefore, an indirect effect of this
final rule. Indirect effects fall outside the scope of the RFA.
For RFA purposes only, 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
involved in commercial fishing (North American Industry Classification
System 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 not in
excess of $11 million for all of its affiliated operations worldwide.
All of the following figures are expressed in 2021 dollars and all
weights described in this final rule are in round weight.
From 2017 through 2021, an annual average of 706 Puerto Rico
commercial fishermen were actively fishing, and each of these fishermen
is expected to represent a unique commercial fishing business. On
average, they collectively landed approximately 1.87 million lb
(848,217.7 kg) of marine resources with a direct value (revenue) of
about $9.16 million from all waters. The highest annual landings and
direct value from their combined landings during the 5-year period were
in 2019: 2.47 million lb (1,120,373.2 kg) with a direct value of almost
$12.03 million. The average commercial fisherman during this 5-year
period had annual revenue from all landings of $12,975. None of these
fishermen had annual revenue from fishing that was close to exceeding
the small business size standard. Based on the above, NMFS concludes
that all commercial fishing businesses in Puerto Rico are small.
Because price data are not available after 2019 in the USVI,
estimates of the numbers of small commercial fishing businesses
directly affected by this final rule and its impacts on them are
generated using 2015 through 2019 data. From 2015 through 2019, an
annual average of 127 commercial fishermen (59 in St. Croix and 68 in
St. Thomas and St. John) were actively fishing and collectively they
generated average annual direct revenues of $4.71 million ($1.93
million in St. Croix and $2.78 million in St. Thomas and St John). Each
of these commercial fishermen is expected to represent a unique
business. Therefore, NMFS concludes that all commercial fishing
businesses in St. Croix and in St. Thomas and St. John are small.
Not all of the above active small commercial fishing businesses
harvest dolphinfish or wahoo from Federal waters. On average, 94 (13.3
percent) of Puerto Rico's 706 small businesses land dolphinfish or
wahoo annually from Federal and unknown waters. For this final rule,
``unknown waters'' represent an area around each island or island group
for which the jurisdiction, Federal or territorial, was not reported on
the commercial catch report form. Note that these figures include small
businesses that land dolphinfish or wahoo from unknown waters, and, as
such, may result in overestimates of both the numbers of small
businesses directly affected and the impacts on them. Likewise, 15
(25.4 percent) of St. Croix's 59 small businesses land dolphinfish or
wahoo annually from Federal and unknown waters: 14 land dolphinfish and
10 land wahoo. Twelve (17.7 percent) of St. Thomas and St. John's 68
small businesses land dolphinfish or wahoo annually from Federal and
unknown waters: all land dolphinfish and 8 land wahoo.
This final rule will establish a 24 inches (61.0 cm) FL, minimum
size limit for all fishing for dolphinfish in Federal waters off Puerto
Rico, St. Croix, and St. Thomas and St. John. It will also establish a
32 inches (81.3 cm) FL, minimum size limit for all fishing for wahoo in
Federal waters off Puerto Rico, St. Croix, and St. Thomas and St. John.
These minimum size limits are based on size at maturity information
reported for each species in the U.S. Caribbean. Before this
rulemaking, there were no minimum size limits for either dolphinfish or
wahoo in Federal waters.

Puerto Rico

An annual average of 45,016 lb (20,418.9 kg) of dolphinfish and
8,525 lb (3,866.9 kg) of wahoo are harvested from Federal and unknown
waters around Puerto Rico by 94 small businesses annually. Forty-two
(44.7 percent) of these small businesses land both dolphinfish and
wahoo and they collectively account for 70.7 percent of dolphinfish
landings and 89.5 percent of wahoo landings by weight. Forty-six small
businesses (48.9 percent) account for the remainder (29.3 percent) of
dolphinfish landings and six small businesses (6.4 percent) account for
the remainder (10.5 percent) of wahoo landings. NMFS estimates that
this final rule will reduce commercial landings (by weight) of
dolphinfish by less than 1 percent and wahoo by 11.9 percent annually.
On average, each of the 42 small businesses that land both
dolphinfish and wahoo from Federal and unknown waters are expected to
have annual reductions of dolphinfish landings of less than 8 lb (3.6
kg) and annual reductions of wahoo landings of 22 lb (10.0 kg). At 2021
prices, the 42 small businesses that land both dolphinfish and wahoo
are expected to experience annual revenue decreases of less than $130
(less than $33 from dolphinfish and $97 from wahoo). This loss
represents less than 0.6 percent of the average annual revenue from all
landings for these 42 small businesses.
The 48 small businesses that land dolphinfish and not wahoo from
Federal and unknown waters are each expected to have an annual
reduction in dolphinfish landings less than 3 lb (1.4 kg) worth $13.
This loss of dolphinfish revenue represents less than 0.1 percent of
the average annual revenue of these 46 small businesses.
The 6 small businesses that land wahoo and not dolphinfish from
Federal and unknown waters are each expected to have an annual
reduction in wahoo landings of 18 lb (8.2 kg) worth $78. This loss of
wahoo revenue represents 0.6 percent of the average annual revenue of
these six small businesses.
Two alternatives to the 24 inches (61.0 cm) FL, minimum size limit
for dolphinfish were considered but not selected. The first, the no-
action alternative, would have no adverse impact on small businesses
but would not support proactive species management. The second would
have a smaller minimum size limit (20 inches; 50.8 cm FL), and, similar
to the size limit implemented by this final rule, it would reduce
annual commercial landings of dolphinfish by less than 1 percent. This
smaller size limit corresponds with only 50 percent of females being
capable of reproduction as opposed to the 24 inches FL, which
corresponds with approximately all females being mature. As such, the
24 inches FL is preferable to reduce fishing pressures and allow more
females to reach maturity.
Two alternatives to the 32 inches (81.3 cm) FL, minimum size limit
for wahoo were considered but not selected. The first, the no-action
alternative, would have no adverse impact on small businesses, but
would not support proactive species management. The second, would
establish a larger minimum size limit (40 inches; 101.6 cm, FL) and
would reduce landings of wahoo by 37.7 percent instead of the 11.9
percent reduction that is expected from the size limit implemented by
this final rule. As

[[Page 26939]]

such, this alternative would have a greater adverse impact on small
businesses than the 32 inches FL minimum size limit.

St. Croix

An annual average of 15 small businesses harvest dolphinfish or
wahoo from Federal and unknown waters around St. Croix. To avoid
potential disclosure of confidential information, a comparison of the
small businesses that land both dolphinfish and wahoo and impacts on
them to businesses that land one of the species is not provided. An
annual average of 14 small businesses in St. Croix land dolphinfish
from Federal and unknown waters. The top 7 account for 95.4 percent of
dolphinfish landings, while the bottom 7 account for the remaining 4.6
percent. On average, these 14 small businesses collectively land 34,038
lb (15,439.4 kg) of dolphinfish annually. For the top 7 small
businesses, average dolphinfish landings are approximately 4,640 lb
(2,104.7 kg) and average annual revenue from all landings is $98,803.
For the bottom 7 small businesses, average dolphinfish landings are
approximately 225 lb (102.1 kg) and average annual revenue from all
landings is $8,711.
NMFS estimates that this final rule will reduce annual commercial
landings of dolphinfish in St. Croix by 5 percent. On average, each of
the top 7 of the small businesses that land dolphinfish from Federal
and unknown waters is expected to have an annual reduction in
dolphinfish landings of 234 lb (106.1 kg) worth $1,491, which
represents 1.5 percent of their average annual revenue from all
landings. Each of the bottom 7 that land dolphinfish from Federal and
unknown waters is expected to have an average annual reduction in
landings of about 9 lb (4.1 kg) worth $57, which represents 0.7 percent
of their average annual revenue from all landings.
An annual average of 10 small businesses in St. Croix land wahoo
from Federal and unknown waters. The top 5 account for 95.4 percent of
wahoo landings, while the bottom 5 account for the remaining 4.6
percent. On average, these 10 small businesses collectively land 17,966
lb (8,149.2 kg) of wahoo annually. For the top 5 small businesses,
average wahoo landings are approximately 3,692 lb (1,674.7 kg) and
average annual revenue from all landings is $129,686. For the bottom 5
small businesses, average wahoo landings are approximately 140 lb (63.5
kg) and average annual revenue from all landings is $19,373.
NMFS estimates that this final rule will reduce annual commercial
landings of wahoo in St. Croix by 2.2 percent. On average, each of the
top 5 of the 10 small businesses that land wahoo from Federal and
unknown waters is expected to have an annual reduction in wahoo
landings of 76 lb (34.5 kg) worth $502, which represents 0.4 percent of
their average annual revenue from all landings. Each of the bottom 5
that land wahoo from Federal and unknown waters is expected to have an
average annual reduction in landings of 4 lb (1.8 kg) worth $26, which
represents 0.1 percent of their average annual revenue from all
landings.
Two alternatives to the 24 inches (61.0 cm) FL, minimum size limit
for dolphinfish were considered but not selected. The first, the no-
action alternative, would have no adverse impact on small businesses
but would not support proactive species management. The second would
have a smaller minimum size limit (20 inches; 50.8 cm, FL), and it
would reduce dolphinfish landings by 3.9 percent instead of 5.0
percent, as expected from the size limit implemented by this final
rule. However, this smaller minimum size limit would not be as
effective for reducing fishing pressures on the species.
Two alternatives to the 32 inches (81.3 cm) FL, minimum size limit
for wahoo were considered but not selected. The first, the no-action
alternative, would have no adverse impact on small businesses but would
not support proactive species management. The second would establish a
larger minimum size limit (40 inches; 101.6 cm, FL) and would reduce
annual wahoo landings by 44.6 percent as opposed to the 2.2 percent
reduction that is expected from the size limit implemented by this
final rule. As such, this alternative would have a greater adverse
impact on small businesses than the 32 inches FL minimum size limit.

St. Thomas and St. John

An annual average of 12 small businesses in St. Thomas and St. John
land dolphinfish from Federal and unknown waters. The top 6 account for
97.2 percent of dolphinfish landings, while the bottom 6 account for
the remaining 2.8 percent. On average, these 12 small businesses
collectively land 8,889 lb (4,032.0 kg) of dolphinfish annually. For
the top 6 small businesses, average dolphinfish landings are
approximately 1,440 lb (653.2 kg) and average annual revenue from all
landings is $27,311. For the bottom 6 small businesses, average
dolphinfish landings are approximately 41 lb (18.6 kg) and average
annual revenue from all landings is $25,031.
NMFS estimates that this final rule will reduce annual commercial
landings of dolphinfish in St. Thomas and St. John by 1 percent. On
average, each of the top 6 of the 12 small businesses that land
dolphinfish from Federal and unknown waters is expected to have an
annual reduction in dolphinfish landings of about 15 lb (6.8 kg) worth
$119, which represents 2.0 percent of their average annual revenue from
all landings. Each of the bottom 6 that land dolphinfish from Federal
and unknown waters is expected to have an average annual reduction in
landings of less than 1 lb (0.5 kg) worth $3, which represents less
than 0.1 percent of their average annual revenue from all landings.
An annual average of 8 small businesses in St. Thomas and St. John
land wahoo from Federal and unknown waters. The top 4 account for 89.6
percent of wahoo landings, while the bottom 4 account for the remaining
10.4 percent. On average, these 8 small businesses collectively land
3,058 lb (1,387.1 kg) of wahoo annually. For the top 4 small
businesses, average wahoo landings are approximately 685 lb (310.7 kg)
and average annual revenue from all landings is $31,792. For the bottom
4 small businesses, average wahoo landings are approximately 80 lb
(36.3 kg) and average annual revenue from all landings is $15,659.
It is estimated that the recommended minimum size limit for wahoo
implemented by this final rule will reduce commercial landings of wahoo
in St. Thomas and St. John by 12 percent, which would be a reduction of
367 lb (166.5 kg) annually. On average, each of the top 4 small
businesses is expected to have an annual decrease in wahoo landings of
82 lb (37.2 kg) worth $622, which represents about 2 percent of their
annual revenue from all landings. Each of the bottom 4 small businesses
is expected to have an annual decrease of wahoo landings of 10 lb (4.4
kg) worth $76, which represents about 0.5 percent of annual revenue
from all landings.
Two alternatives to the 24 inches (61.0 cm) FL, minimum size limit
for dolphinfish were considered but not selected. The first, the no-
action alternative, would have no adverse impact on small businesses,
but would not support proactive species management. The second would
have a smaller minimum size limit (20 inches; 50.8 cm, FL), and it
would reduce dolphinfish landings by less than 1 percent, which is the
same annual reduction in landings as expected from

[[Page 26940]]

the size limit implemented by this final rule. This smaller minimum
size limit corresponds to the size at which only approximately 50
percent of females are mature. As such, the larger minimum size limit
is preferable to reduce fishing pressures by allowing more females to
reach maturity.
Two alternatives to the 32 inches (81.3 cm) FL, minimum size limit
for wahoo were considered but not selected. The first, the no-action
alternative, would have no adverse impact on small businesses. The
second, would establish a larger minimum size limit (40 inches; 101.6
cm, FL), which would reduce wahoo landings by a larger percentage than
the size limit implemented by this final rule. As such, this
alternative would have a greater adverse impact on small businesses
than the 32 inches FL minimum size limit.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a fishery bulletin to permit holders that also
serves as a small entity compliance guide was prepared. This final rule
and the guide (i.e., bulletin) will be available on the website (see
ADDRESSES). Hard copies of the guide and this final rule will be
available upon request (see ADDRESSES).
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, recordkeeping, or other
compliance requirements are introduced in this final rule. This final
rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

Caribbean, Dolphinfish, Fisheries, Fishing, Wahoo.

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. 622.441, add paragraph (b) to read as follows:

Sec. 622.441 Size limits.

* * * * *
(b) Pelagic fish. (1) Dolphinfish--24 inches (61.0 cm), FL.
(2) Wahoo--32 inches (81.3 cm), FL.
* * * * *

0
3. In Sec. 622.444, add paragraph (b) to read as follows:

Sec. 622.444 Bag and possession limits.

* * * * *
(b) Pelagic fish. (1) Dolphinfish--5 per person per day, not to
exceed 15 per vessel per day, whichever is less.
(2) Wahoo--5 per person per day, not to exceed 10 per vessel per
day, whichever is less.
* * * * *

0
4. In Sec. 622.481, add paragraph (b) to read as follows:

Sec. 622.481 Size limits.

* * * * *
(b) Pelagic fish. (1) Dolphinfish--24 inches (61.0 cm), FL.
(2) Wahoo--32 inches (81.3 cm), FL.
* * * * *

0
5. In Sec. 622.484, add paragraph (b) to read as follows:

Sec. 622.484 Bag and possession limits.

* * * * *
(b) Pelagic fish. (1) Dolphinfish--10 per person per day, not to
exceed 32 per vessel per day, whichever is less.
(2) Wahoo--2 per person per day, not to exceed 10 per vessel per
day, whichever is less.
* * * * *

0
6. In Sec. 622.516, add paragraph (b) to read as follows:

Sec. 622.516 Size limits.

* * * * *
(b) Pelagic fish. (1) Dolphinfish--24 inches (61.0 cm), FL.
(2) Wahoo--32 inches (81.3 cm), FL.
* * * * *

0
7. In Sec. 622.519, add paragraph (b) to read as follows:

Sec. 622.519 Bag and possession limits.

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