Rule2026-05251
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Fishery Management Plans of St. Croix and St. Thomas and St. John; Queen Triggerfish Management Measures
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Published
March 18, 2026
Effective
April 17, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to modify the annual catch limits (ACLs) for queen triggerfish in Federal waters around the U.S. Virgin Islands (USVI) as described in Framework Action 3 under the St. Croix Fishery Management Plan (FMP) and Framework Action 3 under the St. Thomas and St. John FMP (collectively Framework Action 3). The purpose of this final rule and Framework Action 3 is to update queen triggerfish management reference points under the St. Croix FMP and the St. Thomas and St. John FMP consistent with the most recent queen triggerfish stock assessments to prevent overfishing and achieve optimum yield (OY).
Full Text
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<title>Federal Register, Volume 91 Issue 52 (Wednesday, March 18, 2026)</title>
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[Federal Register Volume 91, Number 52 (Wednesday, March 18, 2026)]
[Rules and Regulations]
[Pages 12930-12933]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05251]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260304-0062]
RIN 0648-BN62
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
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: Final rule.
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SUMMARY: NMFS issues this final rule to modify the annual catch limits
(ACLs) for queen triggerfish in Federal waters around the U.S. Virgin
Islands (USVI) as described in Framework Action 3 under the St. Croix
Fishery Management Plan (FMP) and Framework Action 3 under the St.
Thomas and St. John FMP (collectively Framework Action 3). The purpose
of this final rule and Framework Action 3 is to update queen
triggerfish management reference points under the St. Croix FMP and the
St. Thomas and St. John FMP consistent with the most recent queen
triggerfish stock assessments to prevent overfishing and achieve
optimum yield (OY).
DATES: This final rule is effective April 17, 2026.
ADDRESSES: 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#c2b1a3b0a3aaecb1b6a7b2aaa7acb1adac82acada3a3eca5adb4"><span class="__cf_email__" data-cfemail="bac9dbc8dbd294c9cedfcad2dfd4c9d5d4fad4d5dbdb94ddd5cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, with the advice of the Caribbean
Fishery Management Council (Council), manages the St. Croix fishery and
the St. Thomas and St. John fishery under the St. Croix FMP and the St.
Thomas and St. John FMP, respectively. 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).
On October 2, 2025, NMFS published a proposed rule to implement
Framework Action 3 and requested public comment (90 FR 47713). 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.
All weights described in this final rule are in round weight.
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. On
September 13, 2022, NMFS published the final rule to implement the FMPs
(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. Queen
triggerfish is managed as an individual stock under each FMP. 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.
The St. Croix FMP and St. Thomas and St. John FMP established
status 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, including 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 the St. Thomas and St. John FMP,
queen triggerfish is considered a tier 4a stock. 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 each stock be equal to 95 percent of the SSC's
recommended ABC. For each stock, the OY was set equal to the ACL.
Under the St. Croix FMP, the queen triggerfish ACL is 21,450 pounds
(lb; 9,729.5 kilograms [kg]). Under the St. Thomas and St. John FMP,
the queen triggerfish ACL is 97,670 lb (44,302.3 kg).
[[Page 12931]]
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 updated 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.
Subsequent to the SEDAR 80 stock assessments and recommendations
from the Council's SSC, NMFS and the Council 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 incorporate a degree of management uncertainty.
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 final 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.
Management Measures Contained in This Final Rule
This final rule revises the ACLs for queen triggerfish in Federal
waters around St. Croix and St. Thomas and St. John. The queen
triggerfish ACL in St. Croix will 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 will 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 Final Rule
In SEDAR 80, long-term recruitment estimates for queen triggerfish
were unknown, so MSY and MSST values for St. Croix queen triggerfish
and St. Thomas and St. John queen triggerfish were not quantified.
Under Framework Action 3, for both FMPs, the MSY proxy definition
changed from 30 percent to 40 percent of the spawning potential ratio,
while the MSST definition remained equal to 75 percent of the spawning
stock biomass produced when fishing at MSY or MSY proxy.
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 values for queen triggerfish under the St. Croix FMP and the St.
Thomas and St. John FMP.
The MFMT, previously not quantified, will be 0.14 for St. Croix
queen triggerfish and 0.16 for St. Thomas and St. John queen
triggerfish.
For St. Croix, the OFL values for queen triggerfish will decrease
from the SYL (OFL proxy) of 45,158 lb (20,483 kg) to 22,773 lb (10,330
kg) in 2025, 22,316 lb (10,122 kg) in 2026, and 22,025 lb (9,990 kg) in
2027. The queen triggerfish ABC will decrease from 22,579 lb (10,242
kg) to 18,808 lb (8,531 kg).
For St. Thomas and St. John, the OFL values for queen triggerfish
will decrease from the SYL (OFL proxy) of 205,641 lb (93,268 kg) to
193,378 lb (87,715 kg) in 2025, 166,220 lb (75,396 kg) in 2026, and
148,223 lb (67,233 kg) in 2027. The queen triggerfish ABC will 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.
Comments and Responses
NMFS received three comments during the public comment period for
the proposed rule for Framework Action 3. Two comments were in support
of the actions in Framework Action 3, with one comment also
recommending that NMFS and the Council enhance stakeholder engagement
and increase the inclusion of local ecological knowledge in the stock
assessment process. NMFS appreciates the information provided and
agrees with those comments.
Issues listed within the third public comment 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 specific scientific buffer(s) used to convert OFL to
ABC for each queen triggerfish stock for years 2024 through 2027 should
be clarified and there should be an explanation as to why the ABC
across those years is held constant despite variable OFL projections
(i.e., show calculations).
Response: Framework Action 3 provided a reference to and contained
a high-level description of the SEDAR 80 stock assessments while
describing OFLs projected from the reference models. The scientific
buffers between the OFL and the ABC can be calculated using the values
included in table 1.2 in Framework Action 3 (i.e., divide the ABC by
the OFL). As described in Framework Action 3 and the proposed rule, the
scientific uncertainty buffer must be less than or equal to 0.9. For
queen triggerfish in St. Croix, the scientific buffers for years 2024-
2027 range from 0.76 to 0.85. For queen triggerfish in St. Thomas and
St. John, the scientific buffers for years 2024-2027 range from 0.34 to
0.66. The ABC was calculated from the model using an MSY proxy based on
a spawning potential ratio of 0.4, which resulted in a constant value.
The OFLs projected by the assessment model used in SEDAR 80 vary by
year and reflect changes in model-estimated sustainability limits as
the biomass approaches management reference points of biomass at MSY,
or MSY proxy. The ABC and OFL values
[[Page 12932]]
described in Framework Action 3 were derived directly from the
assessment model used in SEDAR 80. The results of SEDAR 80 were
reviewed by the SSC, who subsequently recommended to the Council the
queen triggerfish ABCs for St. Croix and St. Thomas and St. John.
Comment 2: It is not clear what reference points are used in
comparison to queen triggerfish landings in 2024, including SYL, OFL,
ABC, and ACL, and why those values are used instead of the SEDAR 80-
derived values.
Response: The revised management references points included in
Framework Action 3, which include the OFL, ABC, and ACL, will not be
applicable for management until this final rule becomes effective.
Therefore, for 2024, the management reference points applicable to the
queen triggerfish stocks in St. Croix and St. Thomas and St. John are
those specified in the St. Croix and St. Thomas and St. John FMPs and
precede this current rulemaking. NMFS also notes that this final rule
for Framework Action 3 is effective after December 31, 2025, and
therefore, as applies for the 2024 values, the management reference
points applicable for queen triggerfish in St. Croix and St. Thomas and
St. John for 2025 are also those specified in the FMPs and not those
specified in Framework Action 3. Regulations implemented under
Framework Action 3 will not retroactively change management reference
points for any years prior to its implementation.
Comment 3: The post-2019 price/revenue data is excluded from the
RFA for Framework Amendment 3. Additionally, a sensitivity analysis
using plausible post-2019 price scenarios should be provided to show
whether the RFA conclusions about economic impacts would change when
considering any years after 2019.
Response: As stated in the proposed rule and Framework Amendment 3,
USVI price and revenue data after 2019 were not available for use in
the RFA analysis and so were not included. Commercial catch reports for
the USVI do not include price data for the reported species; thus,
while some landings data after 2019 were available for analysis,
corresponding price data were not. Additionally, as described in the
RFA analysis in the proposed rule and Framework Action 3, landings of
queen triggerfish in both St. Croix and St. Thomas and St. John for
years with price information available (2015-2019) and for more recent
years (2020-2022) never reached or exceeded the current queen
triggerfish ACLs or the revised values in Framework Action 3. The RFA
analysis concluded there would be no impact on small businesses in St.
Croix or St. Thomas and St. John from the change in ACLs. NMFS does not
expect this conclusion to change with the availability of price and
revenue data in years after 2019.
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 FMPs for St. Croix and St.
Thomas and St. John, other provisions of the Magnuson-Stevens Act, and
other applicable law.
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 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.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. 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.
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 action 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. Public comments relating to
social and economic implications and potential impacts on small
businesses are addressed in the response to Comment 3 in the Comments
and Responses section of this final rule. No changes to this final rule
were made in response to this public comment. NMFS has not received any
new information that would affect its determination that this rule
would not have a significant economic impact on a substantial number of
small entities. As a result, a final regulatory flexibility analysis
was not required and none was prepared.
This final 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: March 4, 2026.
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 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'' to 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)
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Stock or stock complex and species
Family composition ACL
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* * * * * * *
Triggerfishes...................... Triggerfish--queen triggerfish......... 18,808 lb (8,531 kg).
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[[Page 12933]]
* * * * *
0
3. In Sec. 622.515, amend paragraph (a)(1) by revising the table
heading and the entry for ``Triggerfishes'' to 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)
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Stock or stock complex and species
Family composition ACL
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* * * * * * *
Triggerfishes...................... Triggerfish--queen triggerfish......... 92,919 lb (42,147 kg).
* * * * * * *
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[FR Doc. 2026-05251 Filed 3-17-26; 8:45 am]
BILLING CODE 3510-22-P
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