Proposed Rule2025-19363
Fishery Management Plans of St. Croix and St. Thomas and St. John; Queen 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
October 2, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement management measures described in Framework Action 3 under both the St. Croix Fishery Management Plan (FMP) and the St. Thomas and St. John FMP (collectively Framework Action 3), as prepared by the Caribbean Fishery Management Council (Council). If implemented, this proposed rule would modify the annual catch limits (ACLs) for queen triggerfish in Federal waters around St. Croix and in Federal waters around St. Thomas and St. John. The purpose of this proposed rule and Framework Action 3 is to update management reference points for queen triggerfish under the St. Croix FMP and the St. Thomas and St. John FMP consistent with the most recent stock assessments to prevent overfishing and achieve optimum yield (OY).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Proposed Rules]
[Pages 47713-47716]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19363]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 250923-0159]
RIN 0648-BN62
Fishery Management Plans of St. Croix and St. Thomas and St.
John; Queen Triggerfish Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Framework Action 3 under both the St. Croix Fishery Management Plan
(FMP) and the St. Thomas and St. John FMP (collectively Framework
Action 3), as prepared by the Caribbean Fishery Management Council
(Council). If implemented, this proposed rule would modify the annual
catch limits (ACLs) for queen triggerfish in Federal waters around St.
Croix and in Federal waters around St. Thomas and St. John. The purpose
of this proposed rule and Framework Action 3 is to update management
reference points for queen triggerfish under the St. Croix FMP and the
St. Thomas and St. John FMP consistent with the most recent stock
assessments to prevent overfishing and achieve optimum yield (OY).
DATES: Written comments must be received by November 3, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0032">https://www.regulations.gov/docket/NOAA-NMFS-2025-0032</a>. You may
submit comments on this document, identified by ``NOAA-NMFS-2025-0032''
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-2025-0032'' 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 Sarah Stephenson,
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-under-st-croix-and-st-thomas-and-st-john-fishery-management-plans">https://www.fisheries.noaa.gov/action/framework-action-3-under-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#a8dbc9dac9c086dbdccdd8c0cdc6dbc7c6e8c6c7c9c986cfc7de"><span class="__cf_email__" data-cfemail="790a180b1811570a0d1c09111c170a16173917161818571e160f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, with the advice of the Council,
manages the St. Croix fishery and St. Thomas and St. John fishery under
the St. Croix FMP and the St. Thomas and St. John FMP. Queen
triggerfish is managed as an individual stock under each FMP. NMFS
implements the St. Croix FMP and the St. Thomas and St. John FMP
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 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.
The St. Croix FMP and St. Thomas and St. John FMP were approved by
the Secretary of Commerce on September 22, 2020, along with the Puerto
Rico FMP, under section 304(a)(3) of the Magnuson-Stevens Act. NMFS
published the final rule to implement the FMPs on September 13, 2022
(87 FR 56204), which took effect on October 13, 2022. Each FMP contains
management measures applicable for Federal waters off the respective
island management area, including the current ACL values for the St.
Croix and the St. Thomas and St. John queen triggerfish stocks. Federal
regulations at 50 CFR part 622 subparts T and U describe management
measures for St. Croix and for St. Thomas and St. John, respectively.
Federal waters around St. Croix, St. Thomas, and St. John extend
seaward from 3 nautical miles (5.6 kilometers) from shore of each
island district to the offshore boundary of the U.S. Caribbean
exclusive economic zone (EEZ).
The St. Croix FMP and St. Thomas and St. John FMP established
status
[[Page 47714]]
determination criteria (SDC) and other management reference points for
queen triggerfish in Federal waters around each management area.
Each 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 both the St. Croix FMP and St. Thomas and St. John FMP, queen
triggerfish 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 each stock could not be quantified.
As such, 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 queen
triggerfish in each FMP, the Council's Scientific and Statistical
Committee (SSC) derived the ABC from the SYL, and the Council
recommended the ACL for the stock be equal to 95 percent of the SSC's
recommended ABC. The ACL was set equal to OY.
All weights described in this proposed rule are in round weight.
For the St. Croix queen triggerfish stock, the ACL is 21,450 pounds
(lb; 9,729.5 kilograms [kg]). For the St. Thomas and St. John queen
triggerfish stock, the ACL is 97,670 lb (44,302.3 kg).
In 2024, the Southeast Data, Assessment, and Review (SEDAR) stock
assessments were completed for queen triggerfish in St. Croix and in
St. Thomas and St. John (SEDAR 80). The Council's SSC reviewed results
from SEDAR 80 in April 2024, and determined that the stock assessments
were suitable for short-term (i.e., <5 years) management advice. The
SSC recommended ABCs for the St. Croix and St. Thomas and St. John
queen triggerfish stocks using Tier 3b of the ABC control rule in each
FMP. Under Tier 3b, the ABC is derived from the OFL by applying a
buffer to account for scientific uncertainty (ABC = buffer * OFL),
where the buffer must be less than or equal to 0.9. The OFL values
projected by the SEDAR 80 models used a fishing mortality rate at MSY
(F<INF>MSY</INF>) proxy based on a spawning potential ratio of 0.4. The
constant catch at the F<INF>MSY</INF> proxy was used to establish the
ABC. The OFL values and buffers used to set the ABC from the OFL varied
for years 2024 through 2027. The ABC values recommended for queen
triggerfish in St. Croix and in St. Thomas and St. John for years 2024
through 2027 were a constant value.
NMFS notes that Framework Action 3 includes recommended OFLs and
ABCs for fishing year 2024. However, due to delays in development of
the action and implementation of the proposed rule, the SYL and ABC for
queen triggerfish specified under the St. Croix FMP and the St. Thomas
and St. John FMP were the OFL proxy and ABC effective for fishing year
2024.
Under tier 3, if the biomass of the stock goes below MSST, the
stock would be determined to be overfished and the Council would 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.
The SSC presented its ABC recommendations for St. Croix queen
triggerfish and St. Thomas and St. John queen triggerfish at the April
2024 Council meeting. The Council accepted those recommendations and
developed Framework Action 3 to update management reference points for
queen triggerfish under each FMP to prevent overfishing and achieve OY,
consistent with the requirements of the Magnuson-Stevens Act. In
Framework Action 3, the Council recommended no management uncertainty
buffer be applied for the St. Croix queen triggerfish stock (i.e., the
ACL equals the ABC) and a 5 percent management uncertainty buffer for
the St. Thomas and St. John queen triggerfish stock (i.e., the ACL
equals 95 percent of the ABC).
The Council recommended that the queen triggerfish ACL should be
set equal to the ABC for St. Croix because of the low demand for the
species and the harvest methods used by the fishery to collect reef
fish (e.g., mainly by spearfishing). The Council acknowledged that the
demand for queen triggerfish in St. Thomas and St. John is greater than
in St. Croix, and the gear used by fishermen who target the species
(i.e., trap gear) is less selective than spearfishing. Therefore, they
decided to set the queen triggerfish ACL equal to 95 percent of the ABC
to account for differences in how the fishery operates, which would
result in some management uncertainty.
Management Measures Contained in This Proposed Rule
If implemented, this proposed rule would revise the ACLs for queen
triggerfish in Federal waters around St. Croix and St. Thomas and St.
John based on the results of SEDAR 80. The queen triggerfish ACL in St.
Croix would decrease from 21,450 lb (9,729.5 kg) to 18,808 lb (8,531
kg). The queen triggerfish ACL in St. Thomas and St. John would
decrease from 97,670 lb (44,302.3 kg) to 92,919 lb (42,147 kg).
The updated ACLs, which are based upon the best scientific
information available, are expected to better protect against the risk
of overfishing the stock 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
For both the St. Croix FMP and the St. Thomas and St. John FMP,
estimates of the long-term recruitment for queen triggerfish in SEDAR
80 are unknown, so values for the MSY and MSST were not able to be
quantified by the assessment. Consequently, in accordance with both
FMPs, the MSY proxy equals 40 percent of the spawning potential ratio,
and the MSST equals 75 percent of the spawning stock biomass produced
when fishing at MSY or MSY proxy.
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 values for queen triggerfish under the St. Croix FMP and the
St. Thomas and St. John FMP.
The MFMT, previously not quantified, would be 0.14 for St. Croix
queen triggerfish and 0.16 for St. Thomas and St. John queen
triggerfish.
[[Page 47715]]
For St. Croix, the OFL for queen triggerfish would vary for years
2025 to 2027. The OFL for 2025 (22,773 lb; 10,330 kg), 2026 (22,316 lb;
10,122 kg), and 2027 (22,025 lb; 9,990 kg) would decrease from the
current SYL (OFL proxy) of 45,158 lb (20,483 kg). The queen triggerfish
ABC would be set at a constant value, and would decrease from 22,579 lb
(10,242 kg) to 18,808 lb (8,531 kg).
For St. Thomas and St. John, the OFL for queen triggerfish would
vary for years 2025 to 2027. The OFL for 2025 (193,378 lb; 87,715 kg),
2026 (166,220 lb; 75,396 kg), and 2027 (148,223 lb; 67,233 kg) would
decrease from the current SYL (OFL proxy) of 205,641 lb (93,268 kg).
The queen triggerfish ABC would be set at a constant value, and would
decrease from 102,810 lb (46,634 kg) to 97,809 lb (44,365 kg).
Consistent with SEDAR 80, 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
A description of this proposed rule, why it is being considered,
and the legal basis for this proposed rule are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION sections of this proposed rule.
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 or record
keeping compliance requirements are introduced in this proposed rule.
All monetary figures in the following analysis are in 2022 dollars,
consistent with the RFA analysis included in Framework Action 3.
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 St. Croix FMP and the St.
Thomas and St. John FMP, the Magnuson-Stevens Act, and other applicable
laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 14192 regulatory action because this rule is not
significant under Executive Order 12866.
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).
This proposed rule directly impacts recreational and commercial
fishing for queen triggerfish in the EEZ off St. Croix, USVI, and St.
Thomas and St. John, USVI. Recreational fishers (anglers) are not
considered small entities as that term is defined in 5 U.S.C. 601(6),
whether fishing from charter (for-hire) fishing, private, or leased
vessels. Therefore, estimates of the number of anglers directly
affected by this proposed rule and any impacts on them are neither
required nor assessed here.
For-hire fishing businesses sell services to anglers. The proposed
changes to the ACLs for queen triggerfish in St. Croix and in St.
Thomas and St. John 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 proposed
rule would be a consequence of a change in anglers' behavior, secondary
to any direct effect on anglers. Therefore, any impact on for-hire
fishing businesses would be an indirect effect of this proposed rule.
The most recent 5-year landings data by weight for use with the
best available science are from 2015 through 2022. However, prices and
revenues data are not available for the USVI after 2019. Consequently,
estimates of the number of small commercial fishing businesses directly
affected and any impacts on them are based on landings from 2015
through 2019, although landings by weight from 2020 through 2022 are
used when further evaluating the potential impact.
From 2015 through 2019, an annual average of 126 USVI commercial
fishermen collectively reported 3,750 trips with combined landings of
marine resources of about 3.54 million lb (1.61 million kg) from all
waters with a value of about $4.71 million. Maximum annual revenue for
any of the USVI fishermen was $605,000.
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. The
combined revenues of all active USVI commercial fishermen were less
than that figure. NMFS therefore concluded that all commercial fishing
businesses in the USVI (St. Croix and St. Thomas and St. John) are
small.
Every USVI commercial fisherman is assumed to represent a unique
small business. From 2015 through 2019, an annual average of 39 (31
percent) of the USVI's 126 active small commercial fishing businesses
harvested 29,135 lb (13,215 kg) of queen triggerfish with a value of
$199,483 from the EEZ and unknown waters. Thirteen (one-third) of the
39 small businesses landed queen triggerfish in St. Croix and the other
26 (two-thirds) landed queen triggerfish in St. Thomas and St. John.
The 13 small businesses in St. Croix accounted for 12 percent of annual
landings of queen triggerfish harvested from Federal and unknown waters
by weight and 11 percent by value, while the 26 small businesses in St.
Thomas and St. John accounted for 88 percent of the USVI's queen
triggerfish landings harvested from Federal and unknown waters by
weight and 89 percent by value.
This proposed rule would reduce the ACL for queen triggerfish in
St. Croix from 21,450 lb (9,729.5 kg) to 18,808 lb (8,531.1 kg). It
would also reduce the ACL for queen triggerfish in St. Thomas and St.
John from 97,670 lb (44,302.3 kg) to 92,919 lb (42,147.3 kg).
No single year or multi-year average of landings of queen
triggerfish harvested from all waters in St. Croix from 2015 through
2019 reached or exceeded the current or proposed ACL in St. Croix.
Moreover, from 2020 through 2022, St. Croix's total queen triggerfish
landings ranged from 4,476 lb (2,030.3 kg) to 10,066 lb (4,565.9 kg),
never reaching or exceeding the current ACL or proposed ACL. As such,
there would be no impact on small businesses in St. Croix from the
change to the ACL.
No single year or multi-year average of landings of queen
triggerfish harvested from all waters in St. Thomas and St. John from
2015 through 2019 reached or exceeded the current or proposed ACL in
St. Thomas and St. John. Moreover, from 2020 through 2022, total queen
triggerfish landings in St. Thomas and St. John ranged from 29,633 lb
(13,441.3 kg) to 39,395 lb (17,869.3 kg), never reaching or exceeding
the current or proposed commercial ACL. As such, there would be no
impact on small businesses in St.
[[Page 47716]]
Thomas and St. John from the change to the ACL.
Therefore, NMFS concluded that the proposed rule would not have a
significant impact on a substantial number of small entities. As a
result, an initial regulatory flexibility analysis is not required and
none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Caribbean, Fisheries, Fishing, Reef fish, Triggerfish.
Dated: September 24, 2025.
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 AMERICA, 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. 622.480, amend paragraph (a)(1) by revising the table
heading and the entry for Triggerfishes for Table 1 to Sec.
622.480(a)(1). The revisions read as follows:
Sec. 622.480 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Stock or stock
complex and
Family species ACL
composition
------------------------------------------------------------------------
* * * * * * *
Triggerfishes................... Triggerfish--queen 18,808 lb (8,531
triggerfish. kg).
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 622.515, amend paragraph (a)(1) by revising the table
heading and the entry for Triggerfishes for Table 1 to Sec.
622.515(a)(1). The revisions read as follows:
Sec. 622.515 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Stock or stock
complex and
Family species ACL
composition
------------------------------------------------------------------------
* * * * * * *
Triggerfishes................... Triggerfish--queen 92,919 lb (42,147
triggerfish. kg).
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-19363 Filed 10-1-25; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 2, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.