Proposed Rule2026-10234
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Puerto Rico Fishery Management Plan; Amendment 4
Primary source
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Published
May 21, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Caribbean Fishery Management Council (Council) submitted Amendment 4 to the Puerto Rico Fishery Management Plan (Puerto Rico FMP) for review, approval, and implementation by NMFS. If approved, Amendment 4 would reclassify rainbow runner from a reef fish to a pelagic fish under the Puerto Rico FMP. Amendment 4 would result in revised management measures for rainbow runner based on the pelagic fish classification, including sector annual catch targets (ACTs) and accountability measures (AMs). The sector-specific annual catch limits (ACLs) would be retained after the reclassification. The purpose of Amendment 4 is to ensure that rainbow runner is managed consistent with its life history characteristics, fishing patterns, and the Council's management of other pelagic species.
Full Text
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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Proposed Rules]
[Pages 29927-29929]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10234]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BN67
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Puerto Rico Fishery Management Plan; Amendment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
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SUMMARY: The Caribbean Fishery Management Council (Council) submitted
Amendment 4 to the Puerto Rico Fishery Management Plan (Puerto Rico
FMP) for review, approval, and implementation by NMFS. If approved,
Amendment 4 would reclassify rainbow runner from a reef fish to a
pelagic fish under the Puerto Rico FMP. Amendment 4 would result in
revised management measures for rainbow runner based on the pelagic
fish classification, including sector annual catch targets (ACTs) and
accountability measures (AMs). The sector-specific annual catch limits
(ACLs) would be retained after the reclassification. The purpose of
Amendment 4 is to ensure that rainbow runner is managed consistent with
its life history characteristics, fishing patterns, and the Council's
management of other pelagic species.
DATES: Written comments on Amendment 4 must be received by July 20,
2026.
ADDRESSES: You may submit comments on Amendment 4, identified by
``NOAA-NMFS-2025-0471,'' 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-2025-0471'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit all written comments to Maria Lopez-Mercer,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 4, which includes a fishery impact
statement, a regulatory impact review, and a Regulatory Flexibility Act
analysis, may be obtained from the Southeast Regional Office website at
<a href="https://www.fisheries.noaa.gov/action/amendment-4-puerto-rico-fishery-management-plan-reclassification-rainbow-runner-pelagic-fish">https://www.fisheries.noaa.gov/action/amendment-4-puerto-rico-fishery-management-plan-reclassification-rainbow-runner-pelagic-fish</a>.
FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, 727-824-5305,
<a href="/cdn-cgi/l/email-protection#c6aba7b4afa7e8aaa9b6a3bc86a8a9a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="f19c90839890df9d9e81948bb19f9e9090df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Rainbow runner is currently managed under
the Puerto Rico FMP as a reef fish. The FMP was prepared by the Council
and NMFS, approved by the Secretary of Commerce, and is implemented by
NMFS through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The Magnuson-Stevens Act requires each regional fishery
management council to submit any FMP or FMP amendment to the Secretary
of Commerce for review and approval, partial approval, or disapproval.
The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP
or FMP amendment, publish an announcement in the Federal Register
notifying the public that the FMP or amendment is available for review
and comment.
[[Page 29928]]
Background
The Magnuson-Stevens Act requires NMFS and the regional fishery
management councils to prevent overfishing and to 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.
During development of the Puerto Rico FMP, the finfish stocks were
classified into three descriptive categories: reef fish, pelagic fish,
and rays. At that time, the rainbow runner, along with two other jack
species that were new to Federal management under the Puerto Rico FMP
(crevalle jack and African pompano) were classified as reef fish. Under
the Puerto Rico FMP, each jack species is managed as an individual
stock rather than in a stock complex because of differences in the
primary location where they are caught. As described in the Puerto Rico
FMP, rainbow runner is commonly caught in open water, while crevalle
jack is commonly harvested closer to shore and around mangrove
channels, and African pompano is commonly caught off the beach. With
the implementation of the Puerto Rico FMP in October 2022, rainbow
runner became subject to management measures applicable to reef fish in
Federal waters around Puerto Rico. 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).
Under the Puerto Rico FMP, regulations that apply to all reef fish,
including rainbow runner as currently classified, include anchoring
restrictions, prohibited fishing gear types, seasonal closures, and a
combined recreational bag and possession limit. Also, as a reef fish
species, rainbow runner is subject to commercial and recreational ACLs,
a total ACL, and sector-specific AMs.
Unless otherwise noted, all weights in this document are described
in pounds (lb) round weight. Under the Puerto Rico FMP, commercial and
recreational data were available to establish sector-specific ACLs for
rainbow runner, which were equal to 10.14 percent for commercial and
89.86 percent for recreational of the total ACL. For rainbow runner,
the commercial ACL is 913 lb (414.1 kg), the recreational ACL is 8,091
lb (3,670 kg), and the total ACL is 9,004 lb (4,084.1 kg).
Under the Puerto Rico FMP, at or near the beginning of the fishing
year landings for each stock, stock complex, or indicator stock of reef
fish are evaluated relative to the ACL based on a moving multi-year
average of landings, as described in the FMP (50 CFR 622.440(a)(4)).
When landings for one sector are not available for comparison to that
sector's ACL, the ACL for the sector with available landings is the
applicable ACL for the stock or stock complex. At this time,
recreational landings for rainbow runner are not available; therefore,
commercial landings are evaluated relative to the commercial ACL to
determine if the AM specified in 50 CFR 622.440(a)(7) applies. If NMFS
estimates that available commercial landings for rainbow runner have
exceeded the commercial ACL for rainbow runner, the Assistant
Administrator for NMFS will file a notification with the Office of the
Federal Register to reduce the length of the commercial and
recreational fishing seasons for rainbow runner within that fishing
year by the amount necessary to prevent commercial landings from
exceeding the commercial ACL, unless NMFS determines that a reduction
is not necessary based on the best scientific information available, or
unless the ACL was exceeded because data collection or monitoring
improved rather than because landings increased (50 CFR 622.440(a)(7)).
The status of the Puerto Rico rainbow runner stock has not been
assessed. Since implementation of the Puerto Rico FMP in 2022, rainbow
runner is not undergoing overfishing and its overfished status is
unknown. As described in Amendment 4, there have been not been any AM-
based fishing season reductions for rainbow runner. In 2024, the most
recent commercial landings of rainbow runner (1,177 lb [534 kg] in
2022) exceeded the commercial ACL (913 lb [414.1 kg]) by 264 lb (120
kg). However, the AM was not implemented (i.e., the length of the
commercial and recreational fishing seasons were not reduced) because
NMFS determined that the commercial ACL was exceeded because of
improved data collection and monitoring, rather than an increase in
landings.
At the April 2023 Council meeting, the Council began to discuss
reclassifying rainbow runner as a pelagic fish under the Puerto Rico
FMP instead of as a reef fish to better reflect the way the species is
fished. The methods and techniques used to harvest rainbow runner are
consistent with those used for pelagic fishing in Federal waters around
Puerto Rico. Around Puerto Rico, rainbow runner are caught in the water
column, while reef fish are usually caught off the bottom. The Council
requested their Scientific and Statistical Committee (SSC) to evaluate
life history information and landings data available for rainbow runner
and provide a recommendation on the classification of rainbow runner.
The SSC determined that there was sufficient information to support the
reclassification of the species as a pelagic fish and recommended the
Council reclassify rainbow runner as a pelagic fish under the Puerto
Rico FMP. At the August 2023 Council meeting, the Council accepted the
SSC's recommendation, and began to develop Amendment 4.
Actions Contained in Amendment 4
Amendment 4 would reclassify rainbow runner from a reef fish to a
pelagic fish under the Puerto Rico FMP definitions. The
reclassification would subject rainbow runner to Federal regulations
under the FMP applicable to pelagic fish and exclude the species from
Federal regulations applicable to reef fish. The current sector ACLs
for rainbow runner would not change as a result of the
reclassification. Amendment 4 would also establish sector ACTs and
subject rainbow runner to AMs consistent with management of pelagic
fish.
Reclassification of Rainbow Runner as a Pelagic Fish
Rainbow runner is currently defined as a reef fish under the Puerto
Rico FMP (50 CFR 622.431 ``Reef fish''). As such, regulations that
pertain to managed reef fish apply to rainbow runner. Reef fish-
specific regulations include anchoring restrictions, prohibited fishing
gear types, seasonal closures, a combined recreational bag and
possession limit, a total ACL (i.e., combined commercial and
recreational ACLs), and sector-specific AMs. Amendment 4 would remove
rainbow runner from the definition of ``reef fish'' in table 3 to 50
CFR 622.431 and add it to the definition of ``pelagic fish'' in table 1
to 50 CFR 622.431.
As a result of the changes to the definitions, reef fish-specific
regulations under the FMP would no longer apply to rainbow runner.
Specifically, restrictions designed to protect reef fish populations,
including a recreational bag and possession limit (50 CFR
622.444(a)(2)) and a seasonal closure in the Bajo de Sico area off
western Puerto Rico (50 CFR 622.439(a)(3)), would not apply to rainbow
runner as a pelagic fish.
As described in Amendment 4, rainbow runner behaves as a pelagic
[[Page 29929]]
species and has been historically targeted by Puerto Rico commercial
and recreational fishermen consistent with other pelagic species,
although catches are infrequent and variable. Reclassifying rainbow
runner as a pelagic fish is not expected to change how the species is
currently fished in Federal waters around Puerto Rico or increase the
risk of overfishing of the stock. Under the Puerto Rico FMP, crevalle
jack and African pompano would continue to be classified and managed as
reef fish, which is consistent with their life history characteristics
and fishing patterns in Federal waters around Puerto Rico.
ACLs and ACTs
Reclassifying rainbow runner from a reef fish to a pelagic fish
under the Puerto Rico FMP would not change the commercial ACL (913 lb
[414 kg]) or the recreational ACL (8,091 lb [3,670 kg]). Rather, the
reclassification would remove rainbow runner commercial, recreational,
and total ACLs from the tables in 50 CFR 622.440(a) and would add the
commercial and recreational ACLs to 50 CFR 622.440(b) for pelagic fish.
The sector allocations of 10.14 percent commercial and 89.86 percent
recreational that were established under the Puerto Rico FMP would
remain unchanged. Because AMs for pelagic fish do not evaluate landings
relative to total ACLs (i.e., combined commercial and recreational
ACLs), the total ACL value of 9,004 lb (4,084.1 kg) for rainbow runner
would be removed from regulations.
Additionally, the reclassification as a pelagic fish would require
the establishment of sector-specific ACTs as part of the AMs applicable
to pelagic fish. Consistent with management of the other pelagic fish
under the Puerto Rico FMP, the sector ACTs would be set at 90 percent
of their respective sector ACLs.
Managing pelagic species with sector ACTs and ACLs is intended to
serve as a precautionary measure to address harvest uncertainty for
pelagic species that are new to Federal management. Amendment 4 would
set the commercial ACT of rainbow runner at 822 lb (373 kg) and the
recreational ACT at 7,282 lb (3,303 kg).
AMs
Amendment 4 would also change the AM applicable to rainbow runner
from the AMs described in 50 CFR 622.440(a)(4) through (7) for reef
fish and apply the pelagic fish AM described in 50 CFR 622.440(b)(7).
Under the pelagic fish AM, if NMFS estimates that landings have
exceeded the applicable ACT for a stock or stock complex, NMFS will
determine the appropriate corrective action in consultation with the
Council. Unlike a fixed seasonal closure, these measures are adaptive
and could involve the future development and implementation of new
management measures, such as seasonal or area closures, commercial trip
limits, or recreational bag and possession limits.
By applying the pelagic AM to rainbow runner, the corrective action
includes a consultation process to ensure the long-term sustainability
of the resource, rather than an automatic season reduction.
Proposed Rule for Amendment 4
A proposed rule to implement Amendment 4 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with Amendment 4,
the Puerto Rico FMP, the Magnuson-Stevens Act, and other applicable
law. If that determination is affirmative, NMFS will publish the
proposed rule in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 4 for Secretarial review,
approval, and implementation. Comments on Amendment 4 must be received
by July 20, 2026. Comments received during the respective comment
period on Amendment 4 or the proposed rule, whether specifically
directed to Amendment 4 or the proposed rule will be considered by NMFS
in the decision to approve, disapprove, or partially approve Amendment
4. Comments received after the comment periods will not be considered
by NMFS in this decision. All comments received by NMFS on Amendment 4
or the proposed rule during their respective comment periods will be
addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 19, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-10234 Filed 5-20-26; 8:45 am]
BILLING CODE 3510-22-P
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