Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and St. Thomas and St. John, 56204-56237 [2022-19409]
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 600 and 622
[Docket No. 220825–0173]
RIN 0648–BD32
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Comprehensive Fishery Management
Plans for Puerto Rico, St. Croix, and
St. Thomas and St. John
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is issuing regulations
to implement management measures in
three new fishery management plans
(FMPs), as prepared and submitted by
the Caribbean Fishery Management
Council (Council). This final rule
replaces regulations implementing the
U.S. Caribbean region-wide FMPs with
regulations implementing the approved
island-based FMPs. The purpose of the
island-based FMPs is to update
management of Federal fisheries in the
U.S. Caribbean. NMFS expects these
management measures will better
account for differences among the U.S.
Caribbean islands with respect to
culture, markets, fishing gear used,
seafood preferences, and ecological
impacts.
SUMMARY:
This final rule is effective
October 13, 2022. The Director approves
the redesignation of the incorporation
by reference from § 622.413 to § 622.19
as of October 13, 2022.
ADDRESSES: Electronic copies of the
island-based FMPs may be obtained
from www.regulations.gov or the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
caribbean-island-based-fisherymanagement-plans. Each island-based
FMP includes an environmental
assessment (EA), regulatory impact
review, and fishery impact statement. A
Regulatory Flexibility Act (RFA)
analysis for each island-based FMP has
also been prepared and is available at
the Southeast Regional Office website.
FOR FURTHER INFORMATION CONTACT:
Marı´a del Mar Lo´pez-Mercer, NMFS
Southeast Regional Office, telephone:
727–824–5305, or email: maria.lopez@
noaa.gov.
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DATES:
The
Council and NMFS manage fishery
resources in the U.S. Caribbean
SUPPLEMENTARY INFORMATION:
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exclusive economic zone (EEZ) around
Puerto Rico, St. Croix, and St. Thomas
and St. John through FMPs prepared by
the Council and NMFS, and through
implementing regulations promulgated
by NMFS at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On June 26, 2020, NMFS published a
notice of availability for the islandbased FMPs and requested public
comment (85 FR 38350). On September
22, 2020, the Secretary of Commerce
approved the island-based FMPs under
section 304(a)(3) of the MagnusonStevens Act. On May 19, 2022, NMFS
published a proposed rule for the
island-based FMPs and requested public
comment (87 FR 30730). The proposed
rule and the island-based FMPs outline
the rationale for the actions contained in
this final rule. A summary of the
management measures described in the
island-based FMPs and implemented by
this final rule is described below.
Background
The Council and NMFS currently
manage fisheries under four U.S.
Caribbean-wide FMPs for Puerto Rico
and the U.S. Virgin Islands (USVI).
These are the FMPs for the Reef Fish
Fishery of Puerto Rico and the USVI
(Reef Fish FMP), the FMP for the Spiny
Lobster Fishery of Puerto Rico and the
USVI (Spiny Lobster FMP), the FMP for
the Queen Conch Resources of Puerto
Rico and the USVI (Queen Conch FMP),
and the FMP for the Corals and Reef
Associated Plants and Invertebrates of
Puerto Rico and the USVI (Coral FMP).
Upon implementation, the island-based
FMPs will replace the U.S. Caribbeanwide FMPs.
Under these FMPs and implementing
regulations, the Council and NMFS
conduct management in the U.S.
Caribbean Exclusive Economic Zone
(EEZ). However, the Council established
certain management measures that
apply separately within Federal waters
off Puerto Rico, St. Croix, and St.
Thomas and St. John, based on the
availability of island-specific data. For
example, Amendment 5 to the Reef Fish
FMP and Amendment 2 to the Queen
Conch FMP (2010 Caribbean Annual
Catch Limit Amendment; 76 FR 82404;
December 30, 2011), defined the fishery
management boundaries of the U.S.
Caribbean EEZ around Puerto Rico, St.
Croix, and St. Thomas and St. John.
Those FMP amendments, and later
amendments, established separate,
island-specific annual catch limits
(ACLs) and accountability measures
(AMs) for almost all species under
management.
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In 2012, the Council initiated public
discussion of an island-based approach
to the management of fisheries in the
U.S. Caribbean EEZ to address requests
from fishermen, fishing community
representatives, and the governments of
Puerto Rico and the USVI that the
Council consider the differences among
the islands when addressing fisheries
management in the U.S. Caribbean.
These entities highlighted the unique
characteristics of the fishery resources
within each island or island group, and
the communities that are dependent on
those resources. NMFS and the Council
expect that the island-based FMPs will
better account for differences among the
U.S. Caribbean islands with respect to
culture, markets, fishing gear used,
seafood preferences, and the ecological
impacts.
In response to these public requests,
the Council decided to shift from a U.S.
Caribbean-wide management approach
to an island-based management
approach, and began developing FMPs
for Puerto Rico, St. Croix, and St.
Thomas and St. John, respectively. An
EA, completed in 2014, analyzed
transitioning from U.S. Caribbean-wide
to island-based management and
evaluated the impact of incorporating
the management measures in effect at
that time under the U.S. Caribbean-wide
FMPs into FMPs for different island
management areas. Based on the 2014
EA, the Council proceeded with
developing FMPs for three island areas.
The island-based FMPs are the
Comprehensive FMP for the Puerto Rico
EEZ (Puerto Rico FMP), the
Comprehensive FMP for the St. Croix
EEZ (St. Croix FMP), and the
Comprehensive FMP for the St. Thomas
and St. John EEZ (St. Thomas and St.
John FMP). Each of these FMPs is
evaluated in three additional, separate
EAs, which were finalized in 2020.
Through this rulemaking, the
management measures contained in the
Puerto Rico FMP, the St. Croix FMP,
and the St. Thomas and St. John FMP,
in combination, will replace
management measures in the U.S.
Caribbean-wide FMPs. The U.S.
Caribbean EEZ, also referred to as
Federal waters, begins 9 nautical miles
(nmi) from shore off Puerto Rico and 3
nmi from shore off the USVI, and the
U.S. Caribbean EEZ extends up to 200
nmi from shore, except where the
principle of equidistance is applied for
conformance to the maritime boundaries
of neighboring nations. Federal waters
around Puerto Rico, St. Croix, and St.
Thomas and St. John are defined as the
respective island management areas
under the island-based FMPs. Each of
the island-based FMPs retain most of
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the management measures established
under the U.S. Caribbean-wide FMPs
that apply to the respective island
management area, including seasonal
and area closures, minimum size limits,
and recreational bag limits. The islandbased FMPs also revise certain
management measures, such as the
species included for Federal
management, and ACLs and AMs. This
final rule establishes regulations
specifically applicable to each island
management area under three separate
subparts to 50 CFR part 622, and
fisheries management will be adapted to
the individual characteristics of Puerto
Rico, St. Croix, and St. Thomas and St.
John.
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Management Measures Contained in
This Final Rule
The island-based FMPs incorporate
fishery management measures included
in the U.S. Caribbean-wide Spiny
Lobster, Reef Fish, Queen Conch, and
Coral FMPs that are applicable to the
EEZ around each of the island
management areas. This final rule
reorganizes the current regulations into
island-specific subparts. For example,
each island-based FMP retains the
aggregate recreational bag limit
established in the Reef Fish FMP for
groupers, snappers, and parrotfish, and
the regulations restate the bag limit in
each of the island-specific subparts,
though in each island management area,
some species may have been added to
or removed from management.
Restrictions established under the Reef
Fish FMP that only applied to a
particular management area, such as the
minimum size limits for parrotfish off
St. Croix, are included in the St. Croix
subpart only. The island-based FMPs
revise the list of species managed and
modify the stock or stock complexes
under which those species are managed;
revise and specify ACLs; establish
annual catch targets (ACTs) for pelagic
stocks; revise AMs; and update the FMP
framework procedures. These measures
are being implemented in regulations
specific to each island management
area. Certain management reference
points, such as stock and stock complex
status determination criteria (SDC), are
not codified and therefore are not
included in this final rule. Those
measures are contained in the islandbased FMPs.
The management measures under
each island-based FMP that will be
implemented by this final rule are
described in the following sections. For
each type of management action,
information applicable to all three
island management areas is described
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first, followed by island area-specific
modifications, where applicable.
St. Thomas and St. John Species for
Management
Island-Based Management
Spiny lobster, queen conch, 47
species of fish, and all species of corals,
sea urchins, and sea cucumbers that
occur within the St. Thomas and St.
John management area are included for
management in the St. Thomas and St.
John FMP and in this final rule. Of the
47 species of fish included for
management in the EEZ around St.
Thomas and St. John, 3 species are new
to management.
This final rule restructures the
regulations at 50 CFR part 622 from four
subparts corresponding to the U.S.
Caribbean-wide FMPs (Reef Fish, Spiny
Lobster, Corals and Reef Associated
Plants and Invertebrates, and Queen
Conch) to three subparts corresponding
to island-based FMPs (Puerto Rico, St.
Croix, and St. Thomas and St. John) and
incorporates U.S. Caribbean-wide
management measures, as appropriate,
into the appropriate island-specific
subpart. In addition, this final rule
implements other management
measures in the approved island-based
FMPs, as discussed further in this final
rule.
Selection of Species To Be Managed
The Reef Fish, Spiny Lobster, Queen
Conch, and Coral FMPs and the
regulations implementing those FMPs
include 81 species of reef fish, 58
species of aquarium trade fish, spiny
lobster, queen conch, 94 genera or
species of corals, and 63 genera or
species of aquarium trade invertebrates
(see current Table 1 to appendix A of 50
CFR part 622). The Council’s Scientific
and Statistical Committee (SSC) and the
District Advisory Panel from each island
management area provided
recommendations on the criteria used
for the Council to select the species to
be managed under each island-based
FMP. This final rule specifies the
unique list of managed species in each
island management area under the
respective island-based FMP.
Puerto Rico Species for Management
Spiny lobster, queen conch, 63
species of fish, and all species of corals,
sea urchins, and sea cucumbers that
occur within the Puerto Rico
management area are included for
management in the Puerto Rico FMP
and in this final rule. Of the 63 species
of fish included for management in the
EEZ around Puerto Rico, 18 species are
new to management.
St. Croix Species for Management
Spiny lobster, queen conch, 43
species of fish, and all species of corals,
sea urchins, and sea cucumbers that
occur within the St. Croix management
area are included for management in the
St. Croix FMP and in this final rule. Of
the 43 species of fish included for
management in the EEZ around St.
Croix, 2 species are new to management.
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Stock Complex Organization and
Selection of Indicator Stocks
After establishing the species to be
managed under each island-based FMP,
the Council determined whether to
manage those species as individual
stocks or in stock complexes. For those
managed in stock complexes, the
Council determined if one or more
indicator stocks should be assigned to
the species groups. An indicator stock is
a stock with measurable and objective
SDC that can be used to help manage
and evaluate more poorly known stocks
that are in a stock complex (50 CFR
600.310(d)(2)(ii)(A)). In the island-based
FMPs, this action resulted in a different
organization of stocks than under the
U.S. Caribbean-wide FMPs. Thus, under
the island-based FMPs and this final
rule, a new number of stocks and stock
complexes will be managed relative to
the U.S. Caribbean-wide FMPs.
Puerto Rico Stock Organization
The Puerto Rico FMP and this final
rule apply to species as 18 individual
stocks and 19 stock complexes and
include 7 indicator stocks.
St. Croix Stock Organization
The St. Croix FMP and this final rule
apply to species as 13 individual stocks
and 13 stock complexes and includes 6
indicator stocks.
St. Thomas and St. John Stock
Organization
The St. Thomas and St. John FMP and
this final rule apply to species as 12
individual stocks and 14 stock
complexes and includes 9 indicator
stocks.
Status Determination Criteria and Other
Management Reference Points
The Magnuson-Stevens Act requires
that FMPs specify a number of reference
points for managed fish stocks,
including maximum sustainable yield
(MSY) or MSY proxy, as well as stock
SDC, including overfished and
overfishing thresholds, and acceptable
biological catch (ABC).
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The ABC control rule contained in
each island-based FMP replaces the
ABC control rules included in the 2010
Caribbean ACL Amendment and 2011
Caribbean ACL Amendment, as
applicable. The island-based FMPs
establish SDC and other management
reference points for all stocks and stock
complexes to be included for islandbased management, which were defined
following a 3-step process.
Step 1 adopts and applies a 4-tiered
ABC control rule to specify MSY, SDC,
and ABC depending on differing levels
of data availability. Step 2 establishes a
proxy to use when the fishing mortality
that would produce MSY (FMSY) cannot
be determined. Step 3 applies a
reduction factor, reflecting the Council’s
estimate of management uncertainty, to
the ABC for each stock or stock complex
to specify the ACL for the stock or stock
complex. The optimum yield (OY)
would be set equal to the ACL for each
stock or stock complex.
Under the ABC control rule in each
island-based FMP, Tier 1 applies to
stocks with the most data available,
while 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. The tiered approached to the
ABC control rule positions the Council
to take advantage of future
improvements in data and analytical
methodologies. The higher tiers of the
ABC control rule (i.e., 1, 2, or 3) require
inputs from a quantitative stock
assessment, which in turn require
additional data than were available at
the time the island-based FMPs were
under development. Establishing those
tiers now, in anticipation of
improvements in data, allows the
Council to act more quickly when those
data become available than if the
Council adopts an ABC control rule that
encompasses the Tier 4 process alone.
In Tier 4, the most data-limited of the
options, an MSY proxy and maximum
fishing mortality threshold (MFMT), are
defined with respect to assumptions
made in Step 2 about fishing mortality
rate, but cannot be quantified due to
data limitations. In addition, Tier 4
introduces a new reference point, the
sustainable yield level (SYL), which is
determined under one of two sub-tiers,
Tier 4a and Tier 4b, based on the SSC’s
understanding of the stock’s
vulnerability to fishing pressure. Tier 4a
is less conservative and is applicable
when the stock has a relatively low or
moderate vulnerability to fishing
pressure. Tier 4b is more conservative
and is applicable when the stock has
relatively high vulnerability to fishing
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pressure. The SYL is a quantitative
estimate of the level of landings that can
be sustained over the long term. SYL is
intended to be used when quantitative
information with which to set MSY or
an MSY proxy based on fishing
mortality rate is not available. The SYL
serves as a proxy for the overfishing
limit (OFL) and a minimum estimate of
MSY where MSY is greater than or
equal to SYL. Thus, SYL also is an MSY
proxy. The ABC is reduced from the
SYL depending on the SSC’s
determination of scientific uncertainty.
When the island-based FMPs were
under development, all stocks and stock
complexes fell under Tier 4 of the ABC
control rule (Step 1). Under the
definitions in Tier 4, the MSY proxy is
equal to the long-term yield FMSY proxy,
the MFMT is equal to FMSY proxy, and
the minimum stock size threshold
(MSST) is equal to 75 percent of the
spawning stock biomass at MFMT.
Under Step 2, for all stocks and stock
complexes across all island-areas, the
Council established a FMSY proxy equal
to 30 percent of the maximum spawning
potential of a stock under conditions of
no fishing mortality (F30 percent SPR).
Applying Tier 4 of the ABC control
rule (Step 1), the SSC derived SYLs
from a period of stable and sustainable
landings, and recommended ABCs
based on those SYLs, with certain
exceptions discussed in the islandspecific sections later in this preamble.
Revising or establishing the SDC and
other reference points under Tier 4
ensures, based on the best scientific
information available, that the SDC and
reference points prevent overfishing and
achieve OY.
Finally, under Step 3, the Council
applied a management uncertainty
buffer to the ABCs to specify the ACLs,
where the ACL for the stock or stock
complex equals OY, as discussed in the
island-specific ACL sections later in this
preamble.
NMFS notes that except for ACLs,
SDC and other management reference
points are not codified in this final rule,
but are described in each island-based
FMP.
Puerto Rico Stock Evaluation
For the Puerto Rico FMP, landings
data for Council-managed reef fish,
pelagic fish, and rays were available for
the commercial and recreational fishing
sectors operating in state and Federal
waters around Puerto Rico. The
Council’s SSC relied on landings data to
determine an SYL, as a proxy for MSY
and OFL, and ABC for most fish stocks
and stock complexes, with ACLs set by
sector. For spiny lobster, only
commercial landings data are collected.
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Because recreational landings data are
not available, the SYL, ABC, and ACL
for spiny lobster are based on
commercial landings. The SSC
determined that some species included
for management under the Puerto Rico
FMP were more vulnerable to
overfishing and recommended that the
ABC be set at zero. Stocks with an ABC
of zero pounds include queen conch,
Nassau grouper (Grouper 1), goliath
grouper (Grouper 2), giant manta ray
(Rays 1), spotted eagle ray (Rays 2), and
southern stingray (Rays 3). Stock
complexes with an ABC of zero pounds
include Parrotfish 1 (blue parrotfish,
midnight parrotfish, and rainbow
parrotfish), Sea Cucumbers, Sea
Urchins, and Corals. The description of
the process for determining the ACLs is
discussed below.
St. Croix Stock Evaluation
For the St. Croix FMP, recreational
landings data were not available, thus
SYL, as proxy for both MSY and OFL,
ABC, and ACL for most stocks and stock
complexes to be included for
management were derived using
commercial landings. The SSC
determined that some species included
for management under the St. Croix
FMP were more vulnerable to
overfishing and recommended that the
ABC be set at zero. Stocks with an ABC
of zero pounds include Nassau grouper
(Grouper 1) and goliath grouper
(Grouper 2). Stock complexes with an
ABC of zero pounds include Parrotfish
1 (blue parrotfish, midnight parrotfish,
and rainbow parrotfish), Sea
Cucumbers, Sea Urchins, and Corals.
The SSC deviated from the ABC control
rule and recommended an ad hoc SYL
for queen conch at 107,720 lb (kg 48,861
kg) and recommended an ad hoc ABC
of 50,000 lb (22,680 kg) in the portion
of the EEZ around St. Croix from which
harvest is allowed. Given difficulties
interpreting queen conch catch data, the
SSC recommended retaining the OFL
(now SYL) and ABC specified under the
Queen Conch FMP. The SSC confirmed
these measures are still protective of
queen conch stock status. The SSC
noted that the seasonal closure for
queen conch in state waters is 5 months
each year, and that an area in Federal
waters is closed to harvest year-round.
At Council meetings, including the
August 2018 meeting, the Council and
SSC agreed that these measures and
others, including the availability of inseason conch landings data, sufficiently
address the management certainty
associated with the recommended ABC.
The description of the process for
determining the ACLs is discussed later
in the preamble to this final rule.
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St. Thomas and St. John Stock
Evaluation
For the St. Thomas and St. John FMP,
recreational landings data were not
available, thus SDC and other
management reference points (e.g., SYL,
as a proxy for both MSY and OFL, ABC,
and ACL) for the stocks and stock
complexes proposed for management
were derived using commercial
landings. The SSC determined that
some species included for management
under the St. Thomas and St. John FMP
were more vulnerable to overfishing and
recommended that the ABC be set at
zero pounds. Stocks with an ABC of
zero pounds include queen conch,
Nassau grouper (Grouper 1), and goliath
grouper (Grouper 2). Stock complexes
with an ABC of zero pounds include
Parrotfish 1 (blue parrotfish, midnight
parrotfish, and rainbow parrotfish), Sea
Cucumbers, Sea Urchins, and Corals.
The description of the process for
determining the ACLs is discussed
below.
Annual Catch Limits
This final rule specifies ACLs for all
stocks and stock complexes in each
island-based FMP. The island-based
FMPs establish management reference
points (i.e., SYL and ABC) from which
the ACLs are derived. This final rule
also specifies ACTs for pelagic stocks
and stock complexes managed under
each island-based FMP.
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Puerto Rico ACLs
For the Puerto Rico FMP, landings
data for reef fish, pelagic fish, and rays
were available for the commercial and
recreational fishing sectors operating in
state and Federal waters around Puerto
Rico. As described previously, the
Council relied on landings data to
determine ACLs by sector for managed
stocks or stock complexes. For spiny
lobster and queen conch, only
commercial landings data are collected
and available. Because recreational
landings data are not available for
invertebrates, the spiny lobster ACL and
the queen conch ACL are based on
commercial landings and each ACL
applies to all harvest for the stock,
whether commercial or recreational.
To determine the ACL, the ABC for
each stock or stock complex, including
stocks or stock complexes with an ABC
of zero, was multiplied by the Council’s
management uncertainty buffer. For all
stocks and stock complexes, except for
the angelfish, parrotfish, and
surgeonfish stock complexes, the
Council adopted a management
uncertainty buffer of 0.95, based on
their assumption that the buffer from
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SYL to ABC accounted for much of the
limitation in landings information. For
this reason, they believed a smaller
buffer from ABC to ACL would be
adequate to constrain catch to the ACL.
For the angelfish, parrotfish, and
surgeonfish stock complexes, the
Council adopted a management
uncertainty buffer of 0.85 to provide
additional protection to the stock
complexes.
In the event that landings for one
sector are not available for comparison
to the sector-specific ACL, the sectors
will not be separately managed; the ACL
for the sector with available data will be
the applicable ACL for the entire stock
or stock complex. Recreational data
collection in Puerto Rico ceased
following the 2017 hurricane season.
Efforts are underway to resume the
recreational data collection. If
recreational landings are unavailable,
the ACL for the commercial sector will
be the ACL for the stock or stock
complex.
St. Croix ACLs
For the St. Croix FMP, recreational
landings data are not available, thus the
Council relied on commercial landings
data to determine ACLs for stocks and
stock complexes. These ACLs apply to
all harvest of St. Croix stocks and stock
complexes, whether commercial or
recreational.
To determine the ACL, the ABC for
each stock or stock complex, including
stocks or stock complexes with an ABC
of zero, was multiplied by the Council’s
management uncertainty buffer. For all
stocks and stock complexes, except for
queen conch and the angelfish,
parrotfish, and surgeonfish stock
complexes, the Council adopted a
management uncertainty buffer of 0.95,
based on their assumption that the
buffer from SYL to ABC accounted for
much of the limitation in landings
information. For this reason, the
Council believed a smaller buffer from
ABC to ACL would be adequate to
constrain catch to the ACL. For the
angelfish, parrotfish, and surgeonfish
stock complexes, which perform an
essential ecological function in the coral
reef ecosystem, the Council adopted a
management uncertainty buffer of 0.85
to provide additional protection to the
stock complexes. For queen conch, the
Council did not apply a management
uncertainty buffer, as this stock is
managed with in-season data and
additional regulations, such as a
commercial and recreational daily quota
and bag limit and the 5-month seasonal
closure, which the Council considered
sufficient to constrain landings to the
ACL.
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St. Thomas and St. John ACLs
For the St. Thomas and St. John FMP,
recreational landings data are not
available, thus commercial landings
data were used to set ACLs for stocks
and stock complexes. These ACLs apply
to all harvest of St. Thomas and St. John
stocks and stock complexes, whether
commercial or recreational.
To determine the ACL, the ABC for
each stock or stock complex, including
stocks or stock complexes with an ABC
of zero, was multiplied by the Council’s
management uncertainty buffer. For all
stocks and stock complexes, except for
the angelfish, parrotfish, and
surgeonfish stock complexes, the
Council adopted a management
uncertainty buffer of 0.95, based on
their assumption that the buffer from
SYL to ABC accounted for much of the
limitation in landings information. For
this reason, the Council believed a
smaller buffer from ABC to ACL would
be adequate to constrain catch to the
ACL. For the angelfish, parrotfish, and
surgeonfish stock complexes, which
perform an essential ecological function
in the coral reef ecosystem, the Council
adopted a management uncertainty
buffer of 0.85 to provide additional
protection to these stock complexes.
Accountability Measures
This final rule implements the AMs
specified in the island-based FMPs and
replaces the AMs from the U.S.
Caribbean-wide FMPs. For the AMs
specified in the U.S. Caribbean-wide
Reef Fish and Spiny Lobster FMPs, reef
fish and spiny lobster landings data for
each island management area are
evaluated relative to the applicable ACL
based on a moving 3-year average of
landings, using the most recent,
complete 3 years of landings data
available. For reef fish stocks or stock
complexes in the EEZ around Puerto
Rico, ACLs are specified by sector and
an AM is triggered if both the sectorspecific ACL and total ACL (commercial
plus recreational) are exceeded, unless
NMFS determines that either the sectorspecific ACL or the total ACL
exceedance resulted from enhanced data
collection and monitoring efforts. For
reef fish stocks or stock complexes in
the EEZ around the USVI and for spiny
lobster in all management areas, an AM
is triggered if commercial landings
exceed the ACL for the stock or stock
complex, unless NMFS determines that
the ACL was exceeded because of
enhanced data collection and
monitoring efforts.
Under the U.S. Caribbean-wide Reef
Fish and Spiny Lobster FMPs, if NMFS
determines that the ACL exceedance
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resulted from increased catch rather
than enhanced data collection and
monitoring efforts, NMFS will reduce
the length of the fishing season for that
stock or stock complex, by sector where
applicable, by the amount necessary to
ensure that landings would not exceed
the applicable ACL in the following
fishing year. Under the U.S. Caribbeanwide Reef Fish and Spiny Lobster FMPs,
NMFS applies any fishing season
reduction starting from September 30
and moving earlier toward the
beginning of the fishing year (January 1).
If the length of the required fishing
season reduction exceeds the time
period of January 1 through September
30, any additional fishing season
reduction necessary is applied in the
same fishing year from October 1 and
moving later toward the end of the
fishing year (December 31). The Council
adopted this approach in Amendment 8
to their Reef Fish FMP, and Amendment
7 to their Spiny Lobster FMP, to
minimize adverse socioeconomic effects
from the implementation of AMs, while
still helping to ensure that AM-based
closures constrain harvest to the ACL
and prevent overfishing. (82 FR 21475;
May 9, 2017)
For the AMs under the Reef Fish FMP
for the prohibited reef fish species (e.g.,
Nassau grouper), under the Coral FMP
for the prohibited coral species, and
under the Queen Conch FMP for queen
conch in Puerto Rico and St. Thomas
and St. John, where harvest of queen
conch is prohibited, those harvest
prohibitions serve as the AM. The AM
specified for St. Croix in the Queen
Conch FMP provides that when the ACL
is reached or projected to be reached
prior to the end of the fishing season,
the Regional Administrator will close
the area east of 64°34′ W in the EEZ off
St. Croix to the harvest and possession
of queen conch. All other Federal waters
off St. Croix are closed year-round to
queen conch harvest.
This final rule replaces the AMs
established under the U.S. Caribbeanwide FMPs and specifies AMs for all
managed stocks and stock complexes in
each island management area, as
detailed in the following island-specific
sections.
Puerto Rico AMs
The AM for spiny lobster under the
Puerto Rico FMP is the same as the AM
for spiny lobster under the U.S.
Caribbean-wide Spiny Lobster FMP,
with minor changes to the years of
landings evaluated as the AM trigger. In
addition, NMFS has clarified language
to implement the AM to reflect that the
AM trigger evaluation occurs at or near
the beginning of the fishing year when
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necessary data are available. This
change is consistent with the Council’s
intent, which is to establish an AM that
relies on the best available data to
prevent ACL exceedances.
Under the Puerto Rico FMP, the AM
for spiny lobster provides that at or near
the beginning of the fishing year,
available landings of spiny lobster (i.e.,
commercial landings) would be
evaluated relative to the spiny lobster
ACL based on a moving multi-year
average of landings, as described below
in the AM Trigger and ACL Monitoring
section. If the ACL is exceeded, and
NMFS determines that the ACL overage
resulted from improved data collection
or monitoring rather than from
increased catch, the AM would not be
triggered and NMFS would not reduce
the length of the fishing season for spiny
lobster. If, however, NMFS determines
that the ACL overage resulted from
increased catch rather than from
improved data collection or monitoring,
the AM would be triggered and NMFS
would reduce the length of the fishing
season for spiny lobster by the amount
necessary to prevent landings from
exceeding the ACL.
The AM under the Puerto Rico FMP
contains the same exception from the
AM trigger as the AM under the Spiny
Lobster FMP for ACL exceedances based
on improved data collection and
monitoring. The regulations clarify that
the AM trigger evaluation (i.e., the
comparison of landings to the ACL) is
made at or near the beginning of the
fishing year, not necessarily at the end
of the prior year. This change is
necessary because complete data on
landings often are not available by the
end of the fishing year, but rather are
available early in the subsequent year,
or later. Often there is a 1 to 2 year data
lag as well, which is discussed later in
the section on the AM trigger and ACL
monitoring. Therefore, NMFS clarifies
that it would make the AM trigger
determination as soon as landings data
are available, i.e., at or near the
beginning of the fishing year, and that
any required fishing season reduction
would occur as soon as possible
thereafter.
Under the U.S. Caribbean-wide Spiny
Lobster FMP, any required fishing
season reduction would be applied
starting from September 30 and moving
earlier toward the beginning of the
fishing year (January 1). If the length of
the required fishing season reduction
exceeds the time period of January 1
through September 30, any additional
fishing season reduction necessary
would be applied in the same fishing
year, starting from October 1 and
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moving later toward the end of the
fishing year (December 31).
The Puerto Rico FMP provides for
management of reef fish stocks and
stock complexes by sector when data are
available to set an ACL by sector, and
the corresponding AM operates in the
same manner as the AM under the U.S.
Caribbean-wide Reef Fish FMP, with
minor changes. The changes reflect the
transition to management with indicator
stocks, an update to the years of
landings used as the AM trigger, and
clarification of when the AM trigger
evaluation occurs.
For reef fish stocks and stock
complexes managed under the Puerto
Rico FMP, commercial and recreational
landings of the stock, stock complex, or
indicator stock would be evaluated
relative to the corresponding
commercial, recreational, or total ACLs
for the stock or stock complex, as
applicable, based on a moving multiyear average of landings as described
below. For those stock complexes
managed with an indicator stock, the
ACLs (commercial, recreational, and
total) for the stock complex are based on
landings of the indicator stock.
Therefore, the AM trigger evaluation
compares indicator stock landings to the
ACL. An AM would be triggered for a
stock or stock complex if a sector’s
landings exceeded the sector-specific
ACL and if the total (commercial plus
recreational) landings exceeded the total
(commercial plus recreational) ACL. An
AM would not be triggered if NMFS
determines that either ACL overage
(sector-specific ACL or total ACL)
resulted from improved data collection
or monitoring rather than from
increased catch increased. Once
triggered, the AM would be applied
only for the sector that exceeded its
ACL.
Unlike the U.S. Caribbean-wide Reef
Fish FMP, the Puerto Rico FMP
provides that if landings for one sector
are not available for evaluation to the
sector-specific ACL, then the sectors
would not be separately managed. The
ACL for the sector with available data
would be the ACL for that stock or stock
complex. If NMFS estimates that
available landings for the stock, stock
complex, or indicator stock exceeded
the ACL for the stock or stock complex,
and if the exceedance was not due to
improvements in data collection or
monitoring, the AM would be triggered.
Any required fishing season reduction
would apply to all harvest of the stock
or stock complex, whether commercial
or recreational. The Puerto Rico FMP
and this final rule add this authority.
As with the AM for spiny lobster
under the Puerto Rico FMP, the
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regulatory text clarifies that the AM
trigger evaluation for managed reef fish
stocks and stock complexes occurs at or
near the beginning of the fishing year,
when landings from prior fishing years
are available, and that any required
fishing season reduction occurs as soon
as possible thereafter. Any required
fishing season reduction would be
applied starting with September 30 and
moving earlier towards the beginning of
the fishing year (January 1), adding
additional time, as necessary, from
October 1, toward the end of the fishing
year (December 31).
Pelagic stocks and stock complexes
are not managed under the U.S.
Caribbean-wide FMPs, but are managed
under the Puerto Rico FMP by sector
where sector-specific data are available.
The Puerto Rico FMP establishes an AM
for these stocks or stock complexes. For
each pelagic stock and stock complex,
the final rule codifies an ACT as 90
percent of the ACL that serves as the
AM trigger.
Commercial and recreational landings
of the pelagic stock, stock complex, or
indicator stock would be evaluated
relative to the commercial and
recreational ACTs based on a moving
multi-year average of landings as
described below. The AM would be
applied on a sector basis, and would be
triggered when a sector’s landings
exceeds its ACT. The Puerto Rico FMP
and these regulations provide for the
unavailability of sector-specific
landings. When landings for one sector
are not available for comparison to that
sector’s ACT, the ACT for the sector
with available landings would be the
ACT for the stock or stock complex.
Available landings would be evaluated
relative to the ACT for the stock or stock
complex. If NMFS estimates that
available landings for the stock, stock
complex, or indicator stock exceeded
the ACT for the stock or stock complex,
the AM would apply to all harvest of the
stock or stock complex, whether
commercial or recreational. If an AM is
triggered, NMFS in consultation with
the Council would determine
appropriate corrective action, including
whether corrective action is needed.
Corrective action could include actions
such as fishing season reductions or
modifications to the ACL and would
depend on many factors, including an
evaluation of the cause of the
exceedance and the best way to protect
against future ACL exceedances.
Recreational data collection in Puerto
Rico was disrupted in 2017, following
Hurricanes Irma and Maria, and has not
resumed. Since 2018, recreational
landings for the reef fish and pelagic
stocks, stock complexes, and indicator
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stocks are not available for comparison
to the recreational ACLs and ACTs for
each stock and stock complex. Thus, as
described in the Puerto Rico FMP and
in this final rule, the commercial ACLs
and ACTs for the reef fish and pelagic
stocks and stock complexes would
function as the ACLs and ACTs for the
stocks and stock complexes until
sufficient recreational landings become
available.
For stocks (queen conch, Nassau
grouper, goliath grouper, giant manta
ray, spotted eagle ray, and southern
stingray) and stock complexes
(Parrotfish 1 (blue parrotfish, midnight
parrotfish, and rainbow parrotfish), Sea
Cucumbers, Sea Urchins, and Corals)
with harvest prohibitions in EEZ around
Puerto Rico, those prohibitions serve as
the AMs under the final rule. This is the
same approach to management for
queen conch, Nassau grouper, goliath
grouper, the species in the Parrotfish 1
stock complex, and the coral species
that are managed under the U.S.
Caribbean-wide FMPs. The Puerto Rico
FMP adopts this AM for the rays, which
are new to management, and for the Sea
Urchins and Sea Cucumbers stock
complexes.
St. Croix AMs
The AMs for reef fish stocks and stock
complexes and for spiny lobster under
the St. Croix FMP are the same as the
AMs for reef fish and spiny lobster
under the U.S. Caribbean-wide Reef
Fish and Spiny Lobster FMPs, with
minor changes to the years of landings
evaluated as the AM trigger. In addition,
NMFS revised language to implement
the AM to reflect and clarify that the
AM trigger evaluation occurs at or near
the beginning of the fishing year when
necessary data are available. This
change is consistent with the Council’s
intent, which is to establish an AM that
relies on the best available data to
prevent ACL exceedances.
Under the St. Croix FMP for reef fish
stocks and stock complexes and for
spiny lobster, at or near the beginning
of the fishing year, landings for each
stock, stock complex, or indicator
stock(s) would be evaluated relative to
the ACL for the stock or stock complex
based on a moving multi-year average of
landings, as described below. If the ACL
is exceeded, and NMFS determines that
the ACL overage resulted from
improved data collection or monitoring
rather than from increased catch, the
AM would not be triggered and NMFS
would not reduce the length of the
fishing season for the applicable stock
or stock complex. If, however, NMFS
determines that the ACL overage
resulted from increased catch rather
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56209
than from improved data collection or
monitoring, the AM would be triggered
and NMFS would reduce the length of
the fishing season for the applicable
stock or stock complex by the amount
necessary to prevent landings from
exceeding the ACL.
The AMs for reef fish stocks and stock
complexes and spiny lobster under the
St. Croix FMP contain the same
exception from the AM trigger for ACL
exceedances based on improved data
collection and monitoring as the AMs
under the U.S. Caribbean-wide Reef
Fish and Spiny Lobster FMPs. The
implementing regulations clarify that
the AM trigger evaluation (i.e., the
comparison of landings to the ACL) is
made at or near the beginning of the
fishing year to better reflect when
landings data are available.
As under the U.S. Caribbean-wide
Reef Fish and Spiny Lobster FMPs, any
required fishing season reduction would
be applied starting from September 30
and moving earlier toward the
beginning of the fishing year (January 1).
If the length of the required fishing
season reduction exceeds the time
period of January 1 through September
30, any additional fishing season
reduction necessary would be applied
in the same fishing year, starting from
October 1 and moving later toward the
end of the fishing year (December 31).
Pelagic stocks are not managed under
the U.S. Caribbean-wide FMPs, but are
managed under the St. Croix FMP. For
each pelagic stock, this final rule
codifies an ACT as 90 percent of the
ACL that would serve as the AM trigger.
An AM would be triggered if the
landings for the pelagic stock exceed the
ACT based on a moving multi-year
average of annual landings, as described
below. If an AM is triggered, NMFS in
consultation with the Council would
determine appropriate corrective action,
including whether corrective action is
needed. Corrective action could include
actions such as fishing season
reductions or modifications to the ACL
and would depend on many factors,
including an evaluation of the cause of
the exceedance and the best way to
protect against future ACL exceedances.
For queen conch, as under the U.S.
Caribbean-wide Queen Conch FMP,
harvest would continue to be allowed in
the EEZ around St. Croix east of 64°34′
W longitude during the open fishing
season, November 1 through May 31.
This measure was established in the
2005 Caribbean Sustainable Fisheries
Act Amendment to the Queen Conch
FMP (70 FR 62073; October 28, 2005).
The rest of the U.S. Caribbean EEZ will
continue to be closed to the harvest of
queen conch. Under the St. Croix FMP,
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the AM for queen conch would continue
to be triggered if, based on in-season
monitoring, NMFS determines the
queen conch ACL is reached or is
projected to be reached prior to the end
of the fishing season. If the AM is
triggered, NMFS would close the EEZ
around St. Croix east of 64°34′ W
longitude to the harvest and possession
of queen conch for the remainder of the
fishing season. During any such closure,
no person would be allowed to fish for
or possess a queen conch in or from
Federal waters off St. Croix.
For stocks (Nassau grouper and
goliath grouper) and stock complexes
(Parrotfish 1 (blue parrotfish, midnight
parrotfish, and rainbow parrotfish), Sea
Cucumbers, Sea Urchins, and Corals)
with harvest prohibitions in the EEZ
around St. Croix, those prohibitions
serve as the AMs under the final rule.
This is the same approach to
management for Nassau grouper, goliath
grouper, the species in the Parrotfish 1
stock complex, and the coral species
that are managed under the U.S.
Caribbean-wide FMPs. The St. Croix
FMP adopts this AM for the Sea Urchins
and Sea Cucumber stock complexes.
St. Thomas and St. John AMs
The AMs for reef fish stocks and stock
complexes and for spiny lobster under
the St. Thomas and St. John FMP are the
same as the AMs for reef fish and spiny
lobster under the U.S. Caribbean-wide
Reef Fish and Spiny Lobster FMPs, with
minor changes to the years of landings
evaluated as the AM trigger. In addition,
NMFS is clarifying language to
implement the AM to reflect that the
AM trigger evaluation occurs at or near
the beginning of the fishing year when
necessary data are available. This
change is consistent with the Council’s
intent, which is to establish an AM that
relies on the best available data to
prevent ACL exceedances.
Under the St. Thomas and St. John
FMP for reef fish stocks and stock
complexes and for spiny lobster, at or
near the beginning of the fishing year,
landings for each stock, stock complex,
or indicator stock(s) would be evaluated
relative to the ACL for the stock or stock
complex based on a moving multi-year
average of landings, as described later.
If the ACL is exceeded, and NMFS
determines that the ACL overage
resulted from improved data collection
or monitoring rather than from
increased catch, the AM would not be
triggered and NMFS would not reduce
the length of the fishing season for the
applicable stock or stock complex. If,
however, NMFS determines that the
ACL overage resulted from increased
catch rather than from improved data
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collection or monitoring, the AM would
be triggered and NMFS would reduce
the length of the fishing season for the
applicable stock or stock complex by the
amount necessary to prevent landings
from exceeding the ACL.
The AMs for reef fish stocks and stock
complexes and spiny lobster under the
St. Thomas and St. John FMP contain
the same exception from the AM trigger
for ACL exceedances based on improved
data collection and monitoring as the
AMs under the U.S. Caribbean-wide
Reef Fish and Spiny Lobster FMPs. The
implementing regulations clarify that
the AM trigger evaluation (i.e., the
comparison of landings to the ACL) is
made at or near the beginning of the
fishing year to better reflect when
landings data are available.
As under the U.S. Caribbean-wide
Reef Fish and Spiny Lobster FMPs, any
required fishing season reduction would
be applied starting from September 30
and moving earlier toward the
beginning of the fishing year (January 1).
If the length of the required fishing
season reduction exceeds the time
period of January 1 through September
30, any additional fishing season
reduction necessary would be applied
in the same fishing year, starting from
October 1 and moving later toward the
end of the fishing year (December 31).
Pelagic stocks are not managed under
the U.S. Caribbean-wide FMPs, but are
managed under the St. Thomas and St.
John FMP. For each pelagic stock, this
final rule codifies an ACT as 90 percent
of the ACL that serves as the AM trigger.
An AM would be triggered if the
landings for the pelagic stock exceed
ACT based on a moving multi-year
average of annual landings, as described
below. If an AM is triggered, NMFS in
consultation with the Council would
determine appropriate corrective action,
including whether corrective action is
needed. Corrective action could include
actions such as fishing season
reductions or modifications to the ACL
and would depend on many factors,
including an evaluation of the cause of
the exceedance and the best way to
protect against future ACL exceedances.
For stocks (queen conch, Nassau
grouper, and goliath grouper) and stock
complexes (Parrotfish 1 (blue parrotfish,
midnight parrotfish, and rainbow
parrotfish), Sea Cucumbers, Sea
Urchins, and Corals) with harvest
prohibitions in the EEZ around St.
Thomas and St. John, those prohibitions
serve as the AMs under this final rule.
This is the same approach to
management for queen conch, Nassau
grouper, goliath grouper, the species in
the Parrotfish 1 stock complex, and the
coral species that are managed under
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the U.S. Caribbean-wide FMPs. The St.
Thomas and St. John FMP adopts this
AM for the Sea Urchins and Sea
Cucumber stock complexes.
AM Trigger and ACL Monitoring
Each of the island-based FMPs specify
the moving multi-year average of
landings to be used to monitor
compliance with the ACLs and ACTs
under the AM trigger. The FMPs state
that in the first year of FMP
implementation, ACL and ACTs will be
monitored using a single year of
landings from 2018; then a single year
of landings from 2019; then a 2-year
average of landings from 2019 and 2020;
then a 3-year average of landings from
2019 to 2021; and thereafter a
progressive running 3-year average of
landings. As specified in the islandbased FMPs, the Regional Administrator
in consultation with the Council may
deviate from the specific time sequences
based on data availability. The specified
years could also be updated to account
for periods where landings data may be
incomplete, such as for years when
hurricanes impact the ability to obtain
a complete set of data.
Landings data from Puerto Rico and
the USVI generally are not available for
comparison to the ACLs or ACTs until
1 to 2 years after the year in which the
fishing activity occurred. During this
transition period to management under
the island-based FMPs, until available
landings reflect fishing under the
island-specific FMPs as opposed to
under the U.S. Caribbean-wide FMPs,
NMFS would evaluate if the landings
available for each stock, stock complex,
or indicator stock(s) would exceed the
ACLs or ACTs for the stock or stock
complex specified in the island-based
FMPs as the AM trigger. Once landings
data from 3 years from when the islandbased FMPs and ACLs are in place are
available, NMFS would evaluate
whether landings for each stock, stock
complex, or indicator stock(s) exceeded
the ACL or ACT for each stock or stock
complex specified under the islandbased FMPs. In all cases, if an AM is
triggered, the AM would be applied as
described previously.
Essential Fish Habitat
In addition to the management
measures that this final rule implements
through the regulations, the islandbased FMPs include actions to identify
essential fish habitat (EFH) for species
new to management that NMFS will
implement but not codify through
regulations.
The EFH designations for species and
species groups that were managed under
the U.S. Caribbean-wide FMPs and are
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included for management under the
respective Puerto Rico FMP, St. Croix
FMP, and St. Thomas and St. John FMP
remain as currently described in the
2005 Caribbean Sustainable Fisheries
Act Amendment. These descriptions are
included in each of the island-based
FMPs. For species new to management,
each island-based FMP describes and
identifies EFH according to functional
relationships between life history stages
of the species and marine and estuarine
habitats, based on best scientific
information available.
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Framework Procedures
The framework procedures for the
U.S. Caribbean-wide Reef Fish, Spiny
Lobster, Queen Conch, and Coral FMPs
provided the Council and NMFS the
flexibility to expeditiously adjust
management options to respond to
changing fishery conditions or new
scientific information. This final rule
updates the framework procedures
under each island-based FMP to
establish the basis for a broader range of
management measures that can be
approved by the Council and
implemented by NMFS through the
framework process. The framework
procedures for each island-based FMP
and in this final rule are identical for
each island management area. Certain
future proposed actions could be
implemented either by an open
abbreviated framework, an open
standard framework, or through a closed
framework procedure, as applicable.
Each island-based FMP describes and
provides the open and closed
framework procedures and the
differences from a full FMP amendment
process. Some of the management
measures to be adjusted through
framework procedures include respecification of SDC and other
management reference points,
modification of seasonal, year-round, or
area closures, commercial trip limits,
recreational bag and possession limits,
size limits, or allowable fishing gear.
Additional Changes to Codified Text
Not in the Island-Based FMPs
NMFS is revising the authorized gear
table in 50 CFR 600.725(v) under V.
Caribbean Fishery Management Council,
to incorporate changes to the
organization of federally managed
fisheries and gear descriptions under
the island-based FMPs.
Currently, the authorized gear table at
50 CFR 600.725(v) under V subdivides
the U.S. Caribbean fisheries by whether
the fishery is managed under an FMP or
not. Each fishery is then subdivided into
fishery components by fishing gear type
(e.g., trap/pot, longline/hook and line,
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etc.) or sector (i.e., commercial or
recreational), and the authorized gear
types are specified for these fishery
components.
NMFS is revising the gear table to
reflect the transition to island-based
fishery management. Within the gear
table for the U.S. Caribbean, the
fisheries are described by island area,
and then by whether the fishery is
managed under an FMP. Each fishery is
then broken into components by fishing
gear type or sector, as appropriate. As
with the current table, the authorized
gear types are specified for each fishery
component.
In this final rule, NMFS clarifies and
makes consistent the description of the
authorized gear for all fisheries. For
example, NMFS is specifying the
individual hook and line gear types
authorized rather than listing ‘‘hook and
line’’ as an authorized gear. Under 50
CFR 622.2, hook and line gear means
automatic reel, bandit gear, buoy gear,
handline, longline, and rod and reel.
The authorized gear table lists those
gear types as authorized, rather than the
more general ‘‘hook and line.’’ Further,
NMFS clarifies that trap and pot gear is
an authorized recreational gear type for
the reef fish and spiny lobster fisheries
managed under each of the island-based
FMPs.
In addition, NMFS is making
additional clarifying and nonsubstantive changes to regulations in
part 622 through this final rule. For
example, to account for management
measures that occur in leap years,
NMFS revises language currently at 50
CFR 622.435(a)(2)(ii), which describes
the annual seasonal closure for the red
hind spawning aggregation areas off
Puerto Rico and St. Croix, from
‘‘through February 28 each year,’’ to
‘‘through the last day of February each
year.’’ The seasonal closure, with this
updated language, is included in the
subparts containing the regulations
implementing the Puerto Rico FMP and
the St Croix FMP.
This final rule updates the cross
references to the subparts in 50 CFR part
622 to reflect changes to implement the
island-based FMPs where there will be
three U.S. Caribbean specific subparts
instead of four as in the current
regulations. This final rule amends the
import restrictions regulatory language
for queen conch to reflect the change to
island-based management. At 50 CFR
622.2, this final rule revises the
definition of fish trap in the U.S.
Caribbean EEZ consistent with the
island-based FMPs. The vessel color
code requirements at 50 CFR 622.6(a)(2)
are clarified to reflect a change in how
the fisheries are described and
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56211
identified under the island-based FMPs.
The landing fish intact provisions at 50
CFR 622.10(b) are updated to clarify the
requirements for highly migratory
species. This final rule also clarifies the
St. Croix queen conch prohibition at 50
CFR 622.479(b)(4) to state that the
prohibition applies whether or not
queen conch are on a vessel, but also in
a person’s possession.
Further, NMFS is revising appendix A
to part 622 that currently lists federally
managed species in the U.S. Caribbean.
NMFS is removing the species tables
applicable to the previous U.S.
Caribbean-wide FMPs. This final rule
specifies the federally managed species
for Puerto Rico, St. Croix, and St.
Thomas and St. John in subparts S, T,
and U, respectively. As a result of
removing U.S. Caribbean species tables
from appendix A to part 622, NMFS is
also revising the numbering for the
tables of Gulf of Mexico reef fish, South
Atlantic snapper-grouper, and Atlantic
dolphin and wahoo species.
Changes in This Final Rule From the
Proposed Rule
Subsequent to the publication of the
proposed rule for the island-based
FMPs, NMFS became aware of an error
within an amendatory instruction of the
proposed rule’s codified text (87 FR
30730; May 19, 2022). Amendatory
instruction 23 contained an incorrect
regulatory reference in the instruction.
In the proposed rule, instruction 23
states ‘‘In addition to the amendments
to this part, remove all references to
‘‘622.413’’ and add, in their place,
‘‘622.419’’ in the following sections in
50 CFR: 622.55(e); 622.382(a)(1)(i)(B);
622.400(a)(1)(i); 622.402(a)(1), (2), and
(3) and (c)(1); 622.403(b)(3)(i);
622.404(e) and (f); and 622.405(b)(2)(i).
In the proposed rule and in this final
rule, 50 CFR 622.413, ‘‘Incorporation by
reference,’’ in subpart R of part 622 is
moved to 50 CFR 622.19, subpart A of
part 622. Amendatory instruction 23 is
corrected in this final rule to refer to
‘‘622.19’’ instead of ‘‘622.419.’’
No other changes to this final rule
have been made from the proposed rule.
Comments and Responses
NMFS received five comments on the
notice of availability for the islandbased FMPs and two comments on the
proposed rule. Comment submissions
were from members of the general
public and a non-profit legal
organization. The majority of the
comments were in support of some or
all of the actions within the FMPs.
One comment received on the
proposed rule recommended a
prohibition on commercial fishing. The
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Council did not take any action in the
island-based FMPs to prohibit
commercial fishing and NMFS has not
taken any action to implement such a
measure in this final rule. NMFS does
not find it appropriate to exercise its
authority under the Magnuson-Stevens
Act to prohibit commercial fishing in
this final rule.
NMFS has not made any changes from
the proposed rule to this final rule based
on public comment.
Comments specific to the island-based
FMPs and the proposed rule are
grouped as appropriate and summarized
below, each followed by NMFS’
respective responses.
Comment 1: Spearfishing should not
be prohibited for the recreational
harvest of reef fish in the Puerto Rico
FMP. There is no evidence that
spearfishing has a high impact on reef
fish populations and spearfishing is the
least invasive and most selective of the
fishing methods. Prohibiting
recreational spearfishing for reef fish but
not prohibiting other fishing gear types,
particularly those used by commercial
fishers, demonstrates a biased approach
to conservation not based on science.
Response: NMFS clarifies that the
Puerto Rico FMP does not prohibit the
recreational use of spearfishing gear for
the harvest of reef fish in Puerto Rico.
The Council’s unofficial Spanish
translation of Chapter 5 of the Puerto
Rico FMP, published on the Council’s
website, included an incomplete list of
gear authorized for recreational harvest
of reef fish, omitting spears. After NMFS
published the notice of availability and
received this comment, the Council
corrected the translation error and
posted a revised translation of Chapter
5 of the Puerto Rico FMP on its website:
https://caribbeanfmc.com/FMP_Island_
Based_2019/EA_FMP_Puerto_Rico_
ESPANOL.pdf. Under the Puerto Rico
FMP and this final rule implementing
the FMP, spear is an allowable gear type
for use by the recreational sector for the
harvest of reef fish.
Comment 2: The Puerto Rico FMP
does not manage forage species and
predatory functional groups and
therefore is not consistent with the
NMFS priority of taking an ecosystembased approach to fisheries management
in the region. The lack of speciesspecific data for forage and top predator
species such as sharks and rays from
waters under Council jurisdiction
should not be a reason for not managing
these species under the Puerto Rico
FMP.
Response: The Puerto Rico FMP does
not manage forage species and predatory
functional groups. However, NMFS
manages highly migratory species such
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as sharks, Atlantic tunas, swordfish, and
billfish, under delegated authority from
the Secretary of Commerce (Secretary),
through the 2006 Consolidated Highly
Migratory Species FMP (71 FR 58058;
October 2, 2006), as amended. Action 2,
Preferred Alternative 2 of each of the
island-based FMPs sets forth the
stepwise process that the Council
applied to identify species in need of
conservation and management. This
process accounts for the ecological
value of the species (See Criterion C),
and complies with the MagnusonStevens Act section 302(h)(1). In the
future, the Council may choose to
identify and include stocks within the
FMPs as ecosystem component (EC)
species that do not require conservation
and management, and adopt
management measures to address
ecosystem issues, but such management
is not required (50 CFR 600.305(c)(5)).
For example, the Council is currently
developing a Fishery Ecosystem Plan
that among other items, would address
the role of forage species and predatory
functional groups in the U.S. Caribbean.
The Council and NMFS expect that the
Fishery Ecosystem Plan would serve as
a source document for the Council to
guide future management actions
pursued under each of the island-based
FMPs, including potentially a decision
to manage additional species with
important ecosystem value.
Comment 3: The scalloped
hammerhead population recently listed
as threatened under the Endangered
Species Act (ESA) should have been
included in the Puerto Rico FMP as this
species can be impacted as bycatch from
pelagic long line fisheries allowed in the
Puerto Rico EEZ.
Response: The ESA-listed scalloped
hammerhead shark is a highly migratory
species whose range includes the
geographical authority of more than one
fishery management council. Therefore,
under the Magnuson-Stevens Act,
NMFS, under delegated authority from
the Secretary, not the Council, has the
authority to manage this highly
migratory species (Magnuson-Stevens
Act sections 302(a)(3) and 3(21)). NMFS
has exercised its authority to manage
scalloped hammerhead sharks as an
Atlantic Highly Migratory Species under
the 2006 Consolidated Highly Migratory
Species FMP, as amended.
Comment 4: In the Puerto Rico FMP
and the St. Thomas and St. John FMP,
the Council did not cite to or rely on
certain published reports, including
Council-funded research, about the
ESA-listed Nassau grouper spawning
activities in certain spawning sites in
Puerto Rico and St. Thomas, USVI in
relation to lunar cycles. The Council
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should re-consider the timing of the
seasonal closure in the Councilmanaged spawning areas (e.g., Bajo de
Sico, Puerto Rico, Grammanik Bank, St.
Thomas, USVI) to encompass Nassau
grouper spawning activity that may
occur beyond the seasonal closure dates.
Response: The Council and NMFS
established seasonal spawning closures
to protect spawning fish resources,
including groupers, during the
identified peak spawning periods in
Puerto Rico and the USVI. For example,
the Bajo de Sico seasonal closure in
western Puerto Rico, was established in
1996 to protect spawning aggregations
of red hind grouper during their peak
spawning period of December through
February (61 FR 64485; December 5,
1996). Bajo de Sico also has been
identified as an important spawning
aggregation site for other snappers and
groupers, including the Nassau grouper.
In 2010, NMFS and the Council
modified the Bajo de Sico seasonal
closure from a 3-month closure
(December through February) to a 6month closure (October through March)
to protect other Council-managed reef
fish that may be aggregating in the area
to spawn, including Nassau grouper (75
FR 67247; November 2, 2010). The
Grammanik Bank seasonal closure in
southern St. Thomas, USVI, was
established in 2005 to protect a
spawning aggregation of the yellowfin
grouper during its peak spawning
period of February through April (70 FR
62073; October 28, 2005). Similar to
Bajo de Sico, areas within the
Grammanik Bank have also been
identified as multi-species spawning
aggregation sites, including for Nassau
grouper. The Council did not seek to
modify the seasonal closure period for
the Bajo de Sico or Grammanik Bank
managed areas in the Puerto Rico or St.
Thomas and St John FMP. However, the
Council is currently developing a
Fishery Ecosystem Plan that would
incorporate the most recent information
available with respect to the spawning
activities of the Nassau grouper.
Although the island-based FMPs and
this final rule do not revise the time
period for the spawning seasonal
closures at Bajo de Sico and the
Grammanik Bank, NMFS expects that
the Fishery Ecosystem Plan would serve
as a source document for the Council to
guide future management actions under
each of the island-based FMPs, as
needed. This could include evaluating
and revising the current seasonal
closures under the island-based FMPs.
NMFS notes that fishing for the
Nassau grouper has been prohibited in
Caribbean Federal waters since 1990,
and the Council has implemented many
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other measures to protect not only the
fish resource but also the habitat that
supports these aggregations.
Comment 5: The proposed rule is
invalid because it results from the
Council process, which is legally
invalid. The Council process under the
Magnuson-Stevens Act violates the
Appointments, Executive Vesting, and
Take Care clauses of the U.S.
Constitution and, as a result, any rule
resulting from the Council process is
legally invalid.
Response: This rulemaking is legally
valid and consistent with the
Magnuson-Stevens Act, which also is
constitutional and legally valid. This
final rule implements the island-based
FMPs, which NMFS, through delegation
of authority from the Secretary, has
approved as consistent with the
Magnuson-Stevens Act and other
applicable law. Under Section 304 of
the Magnuson-Stevens Act, NMFS,
acting through delegated authority from
the Secretary, retains significant
discretion to reject Council
recommendations, including the
proposed regulations that the Council
submitted to NMFS to implement the
island-based FMPs. In addition, it is
NMFS, not the Council, that has the
authority to promulgate regulations to
implement an approved FMP. Fishery
management councils are not
considered Federal agencies for the
purposes of the Administrative
Procedures Act. For this reason, the
Council process under the MagnusonStevens Act is consistent with the U.S.
Constitution. This rulemaking,
therefore, is not legally invalid for
resulting from the advisory Council
process established in the MagnusonStevens Act.
Incorporation by Reference
NMFS created § 622.413 as a
centralized incorporation by reference
(IBR) section—essentially a section
which contained the information about
material approved for IBR and the
sections where that material was
approved for use (the outlying sections).
Redesignating that section to § 622.19
does not change the material or the
approval for any of the outlying
sections.
published in the proposed rule and is
not repeated here. None of the public
comments received addressed the
certification and 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.
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 the
island-based FMPs, the MagnusonStevens Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting or
recordkeeping requirements are
introduced by this final rule. This final
rule contains no information collection
requirements under the Paperwork
Reduction Act of 1995. A description of
this final rule, why it is being
considered, and the purposes of this
final rule are contained earlier 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 adverse
economic impact on a substantial
number of small entities. The factual
basis for this determination was
50 CFR Part 600
Fishery
*
*
List of Subjects
Caribbean, Commercial, Fisheries,
Fishing, Recreational.
50 CFR Part 622
Caribbean, Commercial, Fisheries,
Fishing, Incorporation by Reference,
Recreational.
Dated: September 2, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR parts 600 and 622 are
amended as follows:
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
1. The authority citation for part 600
continues to read as follows:
■
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
2. In § 600.725(v), in the table, revise
the entries under ‘‘V. Caribbean Fishery
Management Council’’ to read as
follows:
■
§ 600.725
*
General prohibitions.
*
*
(v) * * *
*
*
Authorized gear types
*
*
*
*
*
V. Caribbean Fishery Management Council
1. Exclusive Economic Zone around Puerto Rico.
A. Puerto Rico Reef Fish Fishery (FMP):
i. Commercial fishery .....................................................................................
jspears on DSK121TN23PROD with RULES2
ii. Recreational fishery ....................................................................................
B. Puerto Rico Pelagic Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
C. Puerto Rico Spiny Lobster Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
D. Puerto Rico Coral Reef Resources Fishery (FMP):
E. Puerto Rico Queen Conch Fishery (FMP):
F. Puerto Rico Pelagic Fishery (Non-FMP):
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i. Automatic reel, bandit gear, buoy gear, handline, longline,
rod and reel, trap, pot, spear.
ii. Dip net, handline, rod and reel, slurp gun, spear, trap, pot.
i. Automatic reel, bandit gear, buoy gear, handline, longline,
rod and reel, gillnet.
ii. Spear, handline, longline, rod and reel.
i. Trap, pot, dip net, hand harvest, snare.
ii. Trap, pot, dip net, hand harvest, snare.
No harvest or possession in the EEZ.
No harvest or possession in the EEZ.
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Fishery
Authorized gear types
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
G. Puerto Rico Commercial Fishery (Non-FMP) ..................................................
H. Puerto Rico Recreational Fishery (Non-FMP) .................................................
2. Exclusive Economic Zone around St. Croix.
A. St. Croix Reef Fish Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
B. St. Croix Pelagic Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
C. St. Croix Spiny Lobster Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
D. St. Croix Coral Reef Resource Fishery (FMP):
E. St. Croix Queen Conch Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
F. St. Croix Pelagic Fishery (Non-FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
G. St. Croix Commercial Fishery (Non-FMP) .......................................................
H. St. Croix Recreational Fishery (Non-FMP) ......................................................
3. Exclusive Economic Zone around St. Thomas and St. John.
A. St. Thomas and St. John Reef Fish Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
B. St. Thomas and St. John Pelagic Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
C. St. Thomas and St. John Spiny Lobster Fishery (FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
D. St. Thomas and St. John Coral Reef Resource Fishery (FMP):
E. St. Thomas and St. John Queen Conch Fishery (FMP):
F. St. Thomas and St. John Pelagic Fishery (Non-FMP):
i. Commercial fishery .....................................................................................
ii. Recreational fishery ....................................................................................
G. St. Thomas and St. John Commercial Fishery (Non-FMP) .............................
H. St. Thomas and St. John Recreational Fishery (Non-FMP) ............................
*
*
*
*
*
*
*
*
3. The authority citation for part 622
continues to read as follows:
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■
Authority: 16 U.S.C. 1801 et seq.
■
■
4. Amend § 622.1 by:
a. Revising paragraph (c); and
b. In Table 1:
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i. Automatic reel, bandit gear, buoy gear, handline, longline,
rod and reel, trap, pot, spear.
ii. Dip net, handline, rod and reel, slurp gun, spear, trap, pot.
i. Gillnet, automatic reel, bandit gear, buoy gear, handline,
longline, rod and reel.
ii. Spear, handline, longline, rod and reel.
i. Trap, pot, dip net, hand harvest, snare.
ii. Trap, pot, dip net, hand harvest, snare.
No harvest or possession in the EEZ.
i. Hand harvest.
ii. Hand harvest.
i. Gillnet, automatic reel, bandit gear, buoy gear, handline,
longline, rod and reel.
ii. Spear, handline, longline, rod and reel.
Automatic reel, bandit gear, buoy gear, handline, longline, rod
and reel, trawl, gillnet, cast net, spear.
Automatic reel, bandit gear, buoy gear, handline, longline, rod
and reel, spear, powerhead, hand harvest, cast net.
i. Automatic reel, bandit gear, buoy gear, handline, longline,
rod and reel, trap, pot, spear.
ii. Dip net, handline, rod and reel, slurp gun, spear, trap, pot.
i. Automatic reel, bandit gear, buoy gear, handline, longline,
rod and reel, gillnet.
ii. Spear, handline, longline, rod and reel.
i. Trap, pot, dip net, hand harvest, snare.
ii. Trap, pot, dip net, hand harvest, snare.
No harvest or possession in the EEZ.
No harvest or possession in the EEZ.
i. Gillnet, automatic reel, bandit gear, buoy gear, handline,
longline, rod and reel.
ii. Spear, handline, longline, rod and reel.
Automatic reel, bandit gear, buoy gear, handline, longline, rod
and reel, trawl, gillnet, cast net, spear.
Automatic reel, bandit gear, buoy gear, handline, longline, rod
and reel, spear, powerhead, hand harvest, cast net.
*
*
i. Removing the entry for ‘‘FMP for
Corals and Reef Associated Plants and
Invertebrates of Puerto Rico and the U.S.
Virgin Islands’’;
■ ii. Adding entries for ‘‘FMP for the
Exclusive Economic Zone around
Puerto Rico’’, ‘‘FMP for the Exclusive
Economic Zone around St. Croix’’, and
‘‘FMP for the Exclusive Economic Zone
around St. Thomas and St. John’’ in
alphabetical order; and
■ iii. Removing the entries for ‘‘FMP for
Queen Conch Resources of Puerto Rico
and the U.S. Virgin Islands’’, ‘‘FMP for
■
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
■
i. Gillnet, automatic reel, bandit gear, buoy gear, handline,
longline, rod and reel.
ii. Spear, handline, longline, rod and reel.
Automatic reel, bandit gear, buoy gear, handline, longline, rod
and reel, trawl, gillnet, cast net, spear.
Automatic reel, bandit gear, buoy gear, handline, longline, rod
and reel, spear, powerhead, hand harvest, cast net.
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*
*
the Reef Fish Fishery of Puerto Rico and
the U.S. Virgin Islands’’, and ‘‘FMP for
the Spiny Lobster Fishery of Puerto Rico
and the U.S. Virgin Islands’’.
The revision and additions read as
follows:
§ 622.1
Purpose and scope.
*
*
*
*
*
(c) This part also governs the
importation of spiny lobster into Puerto
Rico or the U.S. Virgin Islands.
*
*
*
*
*
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TABLE 1 TO § 622.1—FMPS IMPLEMENTED UNDER PART 622
FMP title
Responsible fishery
management council(s)
*
*
*
*
FMP for the Exclusive Economic Zone around Puerto Rico ..............................................
FMP for the Exclusive Economic Zone around St. Croix ...................................................
FMP for the Exclusive Economic Zone around St. Thomas and St. John .........................
*
*
CFMC ..............................
CFMC ..............................
CFMC ..............................
*
*
*
*
*
*
*
*
5. Amend § 622.2 by:
a. Removing the definitions of
‘‘Caribbean coral reef resource’’,
‘‘Caribbean prohibited coral’’,
‘‘Caribbean queen conch’’, ‘‘Caribbean
reef fish’’, and ‘‘Caribbean spiny lobster
or spiny lobster’’;
■ b. Revising paragraph (1) in the
definition for ‘‘Fish trap’’ and paragraph
(1) in the definition for ‘‘Import’’; and
■ c. Adding, in alphabetical order, the
definition for ‘‘Spiny lobster’’.
The revisions and addition read as
follows:
■
■
§ 622.2
*
*
Definitions and acronyms.
*
*
*
Fish Trap * * *
(1) In the Caribbean EEZ, a trap and
its component parts, including the lines
and buoys, regardless of the
construction material, used for or
capable of taking finfish. This does not
include a spiny lobster trap as defined
in subparts S, T, and U of this part.
*
*
*
*
*
Import * * *
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(1) For the purpose of § 622.1(c) and
subparts S, T, and U of this part only—
To land on, bring into, or introduce into,
or attempt to land on, bring into, or
introduce into, Puerto Rico or the U.S.
Virgin Islands, whether or not such
landing, bringing, or introduction
constitutes an importation within the
meaning of the customs laws of the
United States;
*
*
*
*
*
Spiny lobster means the species
Panulirus argus, or a part thereof.
*
*
*
*
*
■ 6. In § 622.4, revise the introductory
text and paragraphs (b) and (f)(1) to read
as follows:
§ 622.4
Permits and fees—general.
This section contains general
information about procedures related to
permits. See also §§ 622.70 and 622.220
regarding certain permit procedures
unique to coral permits in the Gulf of
Mexico and the South Atlantic,
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*
*
respectively. See subpart F of this part
for permit requirements related to
aquaculture of species other than live
rock. Permit requirements for specific
fisheries, as applicable, are contained in
the permit sections within subparts B
through U of this part.
*
*
*
*
*
(b) Change in application
information. The owner or operator of a
vessel with a permit, a person with a
coral permit, a person with an operator
permit, or a dealer with a permit must
notify the RA within 30 days after any
change in the application information
specified in paragraph (a) of this section
or in § 622.70(b), § 622.220(b), or
§ 622.400(b). The permit is void if any
change in the information is not
reported within 30 days.
*
*
*
*
*
(f) * * *
(1) Vessel permits, licenses, and
endorsements and dealer permits. A
vessel permit, license, or endorsement
or a dealer permit or endorsement
issued under this part is not transferable
or assignable, except as provided in the
permits sections within subparts B
through U of this part, where applicable.
A person who acquires a vessel or
dealership who desires to conduct
activities for which a permit, license, or
endorsement is required must apply for
a permit, license, or endorsement in
accordance with the provisions of this
section and other applicable sections of
this part. If the acquired vessel or
dealership is currently permitted, the
application must be accompanied by the
original permit, and a copy of a signed
bill of sale or equivalent acquisition
papers. In those cases where a permit,
license, or endorsement is transferable,
the seller must sign the back of the
permit, license, or endorsement and
have the signed transfer document
notarized.
*
*
*
*
*
7. In § 622.5, revise the introductory
text and paragraph (a) and paragraph (b)
introductory text to read as follows:
■
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Geographical area
*
Caribbean.
Caribbean.
Caribbean.
*
*
§ 622.5 Recordkeeping and reporting—
general.
This section contains recordkeeping
and reporting requirements that are
broadly applicable, as specified, to most
or all fisheries governed by this part.
Additional recordkeeping and reporting
requirements specific to each fishery are
contained in the respective subparts B
through U of this part.
(a) Collection of additional data and
fish inspection. In addition to data
required to be reported as specified in
subparts B through U of this part, as
applicable, additional data will be
collected by authorized statistical
reporting agents and by authorized
officers. A person who fishes for or
possesses species in or from the EEZ
governed in this part is required to make
the applicable fish or any part thereof
available for inspection by the SRD or
an authorized officer on request.
(b) Commercial vessel, charter vessel,
and headboat inventory. The owner or
operator of a commercial vessel, charter
vessel, or headboat operating in a
fishery governed in this part who is not
selected to report by the SRD under the
recordkeeping and reporting
requirements in subparts B through U of
this part, must provide the following
information when interviewed by the
SRD:
*
*
*
*
*
■ 8. In § 622.6, revise the introductory
text of paragraphs (a)(1) and (2) to read
as follows:
§ 622.6
Vessel identification.
*
*
*
*
*
(a) * * *
(1) Official number. A vessel for
which a permit has been issued under
subparts B through U of this part, except
for subpart R, and a vessel that fishes for
or possesses pelagic sargassum in the
South Atlantic EEZ, must display its
official number—
*
*
*
*
*
(2) Official number and color code.
The following vessels must display their
official number as specified in
paragraph (a)(1) of this section and, in
addition, must display their assigned
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color code: A vessel for which a permit
has been issued to fish with a sea bass
pot, as required under § 622.170(a)(1);
and, in the EEZ around Puerto Rico, St.
Croix, or St. Thomas and St. John, a
vessel fishing commercially with traps
for reef fish, as defined in subparts S
through U of this part, or a vessel
fishing for spiny lobster, when color
codes are required and have been
assigned to the vessel by Puerto Rico or
the U.S. Virgin Islands, as applicable.
Color codes required for vessels fishing
in the EEZ around Puerto Rico, St.
Croix, or St. Thomas and St. John are
assigned by Puerto Rico or the U.S.
Virgin Islands, as applicable. Color
codes required in all other fisheries are
assigned by the RA. The color code
must be displayed—
*
*
*
*
*
■ 9. Revise § 622.8 to read as follows:
jspears on DSK121TN23PROD with RULES2
§ 622.8
Quotas—general.
(a) Applicability. Quotas apply for the
fishing year for each species, species
group, sector, or sector component
unless accountability measures are
implemented during the fishing year
pursuant to the applicable annual catch
limits (ACLs) and accountability
measures (AMs) sections within
subparts B through U of this part due to
a quota overage occurring in the
previous year, in which case a reduced
quota will be specified through
notification in the Federal Register.
Annual quota increases are contingent
on the total allowable catch for the
applicable species not being exceeded
in the previous fishing year. If the total
allowable catch is exceeded in the
previous fishing year, the RA will file a
notification with the Office of the
Federal Register to maintain the quota
for the applicable species, species
group, sector, or sector component from
the previous fishing year for following
fishing years unless NMFS determines
based upon the best scientific
information available that maintaining
the quota from the previous year is
unnecessary. Except for the quotas for
Gulf and South Atlantic coral, the
quotas include species harvested from
state waters adjoining the EEZ.
(b) Quota closures. When a quota
specified in this part is reached or is
projected to be reached, the Assistant
Administrator will file a notification to
that effect with the Office of the Federal
Register. On and after the effective date
of such notification, for the remainder of
the fishing year, the applicable closure
restrictions for such a quota, as
specified in this part apply. See the
applicable ACLs, annual catch targets
(ACTs), and AMs sections in subparts B
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through U of this part for closure
provisions when an applicable ACL or
ACT is reached or projected to be
reached.
(c) Reopening. When a species,
species group, sector, or sector
component has been closed based on a
projection of the quota specified in this
part, or the ACL specified in the
applicable ACL and accountability
measures sections of subparts B through
U of this part being reached and
subsequent data indicate that the quota
or ACL was not reached, the Assistant
Administrator may file a notification to
that effect with the Office of the Federal
Register. Such notification may reopen
the species, species group, sector, or
sector component to provide an
opportunity for the quota or ACL to be
harvested.
■ 10. In § 622.9, revise the introductory
text and paragraph (b) to read as
follows:
§ 622.9 Prohibited gear and methods—
general.
This section contains prohibitions on
use of gear and methods that are of
general applicability, as specified.
Additional prohibitions on use of gear
and methods applicable to specific
species or species groups are contained
in subparts B through U of this part.
*
*
*
*
*
(b) Chemicals and plants. A toxic
chemical may not be used or possessed
in a coral area.
*
*
*
*
*
■ 11. In § 622.10, revise the introductory
text and paragraph (b) to read as
follows:
§ 622.10
Landing fish intact—general.
This section contains requirements for
landing fish intact that are broadly
applicable to finfish in the Gulf EEZ and
Caribbean EEZ, as specified. See
subparts B through U of this part, as
applicable, for additional speciesspecific requirements for landing fish
intact.
*
*
*
*
*
(b) Atlantic highly migratory species,
such as tunas, billfishes (marlins,
spearfishes, and swordfish), and oceanic
sharks are not subject to the
requirements of paragraph (a) of this
section. See 50 CFR part 635 for any
requirements applicable to landing
Atlantic highly migratory species intact.
*
*
*
*
*
■ 12. Revise § 622.11 to read as follows:
§ 622.11 Bag and possession limits—
general applicability.
This section describes the general
applicability provisions for bag and
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possession limits specified in subparts B
through U of this part.
(a) Applicability. (1) The bag and
possession limits apply for a species or
species group in or from the EEZ.
Unless specified otherwise, bag limits
apply to a person on a daily basis,
regardless of the number of trips in a
day. Unless specified otherwise, a
person is limited to a single bag limit for
a trip lasting longer than one calendar
day. Unless specified otherwise,
possession limits apply to a person on
a trip after the first 24 hours of that trip.
The bag and possession limits apply to
a person who fishes in the EEZ in any
manner, except a person on a vessel in
the EEZ that has on board the
commercial vessel permit required
under this part for the appropriate
species or species group. The possession
of a commercial vessel permit
notwithstanding, the bag and possession
limits apply when the vessel is
operating as a charter vessel or
headboat. A person who fishes in the
EEZ may not combine a bag limit
specified in subparts B through U of this
part with a bag or possession limit
applicable to state waters. A species or
species group subject to a bag limit
specified in subparts B through U of this
part and taken in the EEZ by a person
subject to the bag limits may not be
transferred at sea, regardless of where
such transfer takes place, and such fish
may not be transferred in the EEZ. The
operator of a vessel that fishes in the
EEZ is responsible for ensuring that the
bag and possession limits specified in
subparts B through U of this part are not
exceeded.
(2) [Reserved]
(b) [Reserved]
§ 622.12
■
[Removed and Reserved]
13. Remove and reserve § 622.12.
§ 622.413
[Redesignated as § 622.19]
14. Redesignate § 622.413 as § 622.19
in subpart A.
■
15. In newly redesignated § 622.19,
revise paragraphs (a) and (b)(7) and (8)
to read as follows:
■
§ 622.19
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section, NMFS must publish a
document in the Federal Register and
the material must be available to the
public. All approved material is
available for inspection at NMFS and at
the National Archives and Records
E:\FR\FM\13SER2.SGM
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Administration (NARA). Contact NMFS
at: NMFS, Office of Sustainable
Fisheries, 1315 East-West Highway,
Silver Spring, MD; 301–427–8500;
www.fisheries.noaa.gov/about/officesustainable-fisheries. For information
on the availability of this material at
NARA, email: fr.inspection@nara.gov, or
go to: www.archives.gov/federalregister/cfr/ibr-locations.html. The
material may be obtained from the
source(s) in paragraphs (b) and (c) of
this section.
(b) * * *
(7) F.A.C., Chapter 68B–55: Trap
retrieval and trap debris removal, Rule
68B–55.002: Retrieval of Trap Debris, in
effect as of October 15, 2007, IBR
approved for §§ 622.402(c) and
622.403(b).
(8) F.A.C., Chapter 68B–55: Trap
retrieval and trap debris removal, Rule
68B–55.004: Retrieval of Derelict and
Traps Located in Areas Permanently
Closed to Trapping, in effect as of
October 15, 2007, IBR approved for
§§ 622.402(c) and 622.403(b).
*
*
*
*
*
Croix, and St. Thomas and St. John,
respectively.
*
*
*
*
*
(2) See subparts S, T, and U of this
part for the more restrictive minimum
size limits that apply to spiny lobster
imported into Puerto Rico, St. Croix,
and St. Thomas and St. John,
respectively.
*
*
*
*
*
■ 17. Revise subparts S, T, and U to read
as follows:
§ 622.409 Spiny lobster import
prohibitions.
Subpart S—FMP for the EEZ around Puerto
Rico
Sec.
622.430 Management area.
622.431 Definitions.
622.432 [Reserved]
622.433 Vessel identification.
622.434 Gear identification.
622.435 Trap construction specifications
and tending restrictions.
622.436 Anchoring restrictions.
622.437 Prohibited gear and methods.
622.438 Prohibited species.
622.439 Area and seasonal closures.
622.440 Annual catch limits (ACLs), annual
catch targets (ACTs), and accountability
measures (AMs).
622.441 Size limits.
622.442 [Reserved]
622.443 Restrictions on sale or purchase.
622.444 Bag and possession limits.
622.445 Other harvest restrictions.
622.446 Spiny lobster import prohibitions.
622.447 Adjustment of management
measures.
(a) Minimum size limits for imported
spiny lobster. Multiple minimum size
limits apply to the importation of spiny
lobster into the United States—one that
applies any place subject to the
jurisdiction of the United States other
than Puerto Rico or the U.S. Virgin
Islands, and more restrictive minimum
size limits that apply to Puerto Rico, St.
Subpart T—FMP for the EEZ around St.
Croix
Sec.
622.470 Management area.
622.471 Definitions.
622.472 [Reserved]
622.473 Vessel identification.
622.474 Gear identification.
622.475 Trap construction specifications
and tending restrictions.
16. In § 622.409, revise paragraphs (a)
introductory text and (a)(2) to read as
follows:
■
622.476 Anchoring restrictions.
622.477 Prohibited gear and methods.
622.478 Prohibited species.
622.479 Area and seasonal closures.
622.480 Annual catch limits (ACLs), annual
catch targets (ACTs), and accountability
measures (AMs).
622.481 Size limits.
622.482 Commercial trip limits.
622.483 Restrictions on sale or purchase.
622.484 Bag and possession limits.
622.485 Other harvest restrictions.
622.486 Spiny lobster import prohibitions.
622.487 Adjustment of management
measures.
Subpart U—FMP for the EEZ around St.
Thomas and St. John
Sec.
622.505 Management area.
622.506 Definitions.
622.507 [Reserved]
622.508 Vessel identification.
622.509 Gear identification.
622.510 Trap construction specifications
and tending restrictions.
622.511 Anchoring restrictions.
622.512 Prohibited gear and methods.
622.513 Prohibited species.
622.514 Area and seasonal closures.
622.515 Annual catch limits (ACLs), annual
catch targets (ACTs), and accountability
measures (AMs).
622.516 Size limits.
622.517 [Reserved]
622.518 Restrictions on sale or purchase.
622.519 Bag and possession limits.
622.520 Other harvest restrictions.
622.521 Spiny lobster import prohibitions.
622.522 Adjustment of management
measures.
Subpart S—FMP for the EEZ around
Puerto Rico
§ 622.430
Management area.
The management area is the EEZ
around Puerto Rico bounded by rhumb
lines connecting the following points
and geographic instructions in order:
jspears on DSK121TN23PROD with RULES2
TABLE 1 TO § 622.430
Point
North lat.
A (intersects with the international and EEZ
boundary).
B ........................................................................
From Point B proceed southerly along the 3nautical mile territorial boundary of the St.
Thomas and St. John island group to Point
C.
C ........................................................................
D ........................................................................
E ........................................................................
F .........................................................................
From Point F proceed along the international
and EEZ boundary southwesterly, then
northerly, then easterly, and finally southerly
to Point A.
A (intersects with the International and EEZ
boundary).
19°37′29″ ..........................................................
65°20′57″
18°25′46.3015″ .................................................
...........................................................................
65°06′31.866″
18°13′59.0606″ .................................................
18°01′16.9636″ .................................................
17°30′00.000″ ...................................................
16°02′53.5812″ .................................................
...........................................................................
65°05′33.058″
64°57′38.817″
65°20′00.1716″
65°20′00.1716″
19°37′29″ ..........................................................
65°20′57″
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Rules and Regulations
Definitions.
In addition to the definitions and
acronyms in § 622.2, the terms and
acronyms used in this subpart have the
following meanings:
Coral means any or all species, or a
part thereof, of coral occurring in the
EEZ around Puerto Rico, including any
or all species, or a part thereof, of soft
corals and gorgonians in Order
Alcyonacea; sea pens and sea pansies in
Order Pennatulacea; black corals in
Order Antipatharia; stony corals in
Order Scleractinia; and, within Order
Anthoatheacata, fire corals in Family
Milleporidae and lace corals in Family
Stylasteridae.
Coral reef resource means any or all
species, or a part thereof, of coral, sea
cucumber, and sea urchin.
Pelagic fish means any or all species,
or a part thereof, as follows:
TABLE 1 TO § 622.431
Class or Family
Scientific name
Dolphinfishes—Coryphaenidae .........................
Tripletails—Lobotidae ........................................
Coryphaena hippurus .......................................
Coryphaena equiselis .......................................
Sphyraena barracuda .......................................
Thunnus atlanticus ...........................................
Scomberomorus regalis ...................................
Scomberomorus cavalla ...................................
Euthynnus alletteratus ......................................
Acanthocybium solandri ...................................
Lobotes surinamensis ......................................
Queen conch means the species
Lobatus gigas, or a part thereof.
Rays means any or all species, or a
part thereof, as follows:
Barracudas—Sphyraenidae ...............................
Mackerels and tunas—Scombridae ..................
English common name
Dolphinfish.
Pompano dolphinfish.
Great barracuda.
Blackfin tuna.
Cero.
King mackerel.
Little tunny.
Wahoo.
Tripletail.
TABLE 2 TO § 622.431
Class or Family
Scientific name
Eagle and manta rays—Myliobatidae ...............
Manta birostris ..................................................
Aetobatus narinari ............................................
Dasyatis americana ..........................................
Stingrays—Dasyatidae ......................................
English common name
Giant manta.
Spotted eagle ray.
Southern stingray.
Reef fish means any or all species, or
a part thereof, as follows:
TABLE 3 TO § 622.431
Class or Family
Scientific name
Angelfishes—Pomacanthidae ............................
Pomacanthus paru ...........................................
Pomacanthus arcuatus .....................................
Holacanthus ciliaris ..........................................
Mycteroperca bonaci ........................................
Cephalopholis fulva ..........................................
Epinephelus itajara ...........................................
Cephalopholis cruentata ...................................
Hyporthodus mystacinus ..................................
Epinephelus striatus .........................................
Epinephelus morio ............................................
Epinephelus guttatus ........................................
Epinephelus adscensionis ................................
Mycteroperca tigris ...........................................
Hyporthodus flavolimbatus ...............................
Mycteroperca venenosa ...................................
Mycteroperca interstitialis .................................
Haemulon plumierii ...........................................
Alectis ciliaris ....................................................
Caranx hippos ..................................................
Elagatis bipinnulata ..........................................
Scarus coeruleus ..............................................
Scarus coelestinus ...........................................
Scarus taeniopterus .........................................
Scarus vetula ....................................................
Scarus guacamaia ............................................
Sparisoma aurofrenatum ..................................
Sparisoma chrysopterum .................................
Sparisoma viride ...............................................
Scarus iseri .......................................................
Apsilus dentatus ...............................................
Lutjanus buccanella ..........................................
Groupers—Serranidae .......................................
Grunts—Haemulidae .........................................
Jacks—Carangidae ...........................................
jspears on DSK121TN23PROD with RULES2
Parrotfishes—Scaridae ......................................
Snappers—Lutjanidae .......................................
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English common name
French angelfish.
Gray angelfish.
Queen angelfish.
Black grouper.
Coney.
Goliath grouper.
Graysby.
Misty grouper.
Nassau grouper.
Red grouper.
Red hind.
Rock hind.
Tiger grouper.
Yellowedge grouper.
Yellowfin grouper.
Yellowmouth grouper.
White grunt.
African pompano.
Crevalle jack.
Rainbow runner.
Blue parrotfish.
Midnight parrotfish.
Princess parrotfish.
Queen parrotfish.
Rainbow parrotfish.
Redband parrotfish.
Redtail parrotfish.
Stoplight parrotfish.
Striped parrotfish.
Black snapper.
Blackfin snapper.
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56219
TABLE 3 TO § 622.431—Continued
Class or Family
Scientific name
Surgeonfishes—Acanthuridae ...........................
Triggerfishes—Balistidae ...................................
Wrasses—Labridae ...........................................
Sea cucumber means any or all
species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ
around Puerto Rico.
Sea urchin means any or all species
of sea urchin, or a part thereof, in Class
Echinoidea and occurring in the EEZ
around Puerto Rico.
Spiny lobster trap means a trap and its
component parts, including the lines
and buoys, used for or capable of taking
spiny lobster and meeting the spiny
lobster trap construction specifications
of this subpart.
§ 622.432
[Reserved]
§ 622.433
Vessel identification.
See § 622.6 for vessel identification
requirements applicable to this subpart.
jspears on DSK121TN23PROD with RULES2
§ 622.434
Gear identification.
(a) Reef fish—(1) Fish traps and
associated buoys. All fish traps used or
possessed in the EEZ around Puerto
Rico must display the official number
specified for the vessel by Puerto Rico
or the U.S. Virgin Islands. A fish trap
that is fished individually, rather than
tied together in a trap line, must have
at least one buoy attached that floats on
the surface. Fish traps that are tied
together in a trap line must have at least
one buoy that floats at the surface
attached at each end of the trap line. All
buoys must display the official number
and color code assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of fish
traps. A fish trap in the EEZ around
Puerto Rico will be presumed to be the
property of the most recently
documented owner. This presumption
will not apply with respect to such traps
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English common name
Pristipomoides macrophthalmus ......................
Lutjanus cyanopterus .......................................
Lutjanus jocu ....................................................
Lutjanus synagris .............................................
Lutjanus analis .................................................
Etelis oculatus ..................................................
Lutjanus apodus ...............................................
Lutjanus vivanus ...............................................
Rhomboplites aurorubens ................................
Pristipomoides aquilonaris ...............................
Ocyurus chrysurus ...........................................
Acanthurus coeruleus .......................................
Acanthurus chirurgus .......................................
Acanthurus tractus ...........................................
Balistes capriscus .............................................
Canthidermis sufflamen ....................................
Balistes vetula ..................................................
Lachnolaimus maximus ....................................
Halichoeres radiatus .........................................
Bodianus rufus .................................................
Cardinal snapper.
Cubera snapper.
Dog snapper.
Lane snapper.
Mutton snapper.
Queen snapper.
Schoolmaster.
Silk snapper.
Vermilion snapper.
Wenchman.
Yellowtail snapper.
Blue tang.
Doctorfish.
Ocean surgeonfish.
Gray triggerfish.
Ocean triggerfish.
Queen triggerfish.
Hogfish.
Puddingwife.
Spanish hogfish.
that are lost or sold if the owner reports
the loss or sale within 15 days to the
RA.
(3) Disposition of unmarked fish traps
or buoys. An unmarked fish trap or buoy
deployed in the EEZ around Puerto Rico
is illegal and may be disposed of in any
appropriate manner by the Assistant
Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster—(1) Spiny lobster
traps and associated buoys. All spiny
lobster traps used or possessed in the
EEZ around Puerto Rico must display
the official number specified for the
vessel by Puerto Rico or the U.S. Virgin
Islands. A spiny lobster trap that is
fished individually, rather than tied
together in a trap line, must have at least
one buoy attached that floats on the
surface. Spiny lobster traps that are tied
together in a trap line must have at least
one buoy that floats at the surface
attached at each end of the trap line. All
buoys must display the official number
and color code assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of spiny
lobster traps. A spiny lobster trap in the
EEZ around Puerto Rico will be
presumed to be the property of the most
recently documented owner. This
presumption will not apply with respect
to such traps that are lost or sold if the
owner reports the loss or sale within 15
days to the RA.
(3) Disposition of unmarked spiny
lobster traps or buoys. An unmarked
spiny lobster trap or buoy deployed in
the EEZ around Puerto Rico is illegal
and may be disposed of in any
appropriate manner by the Assistant
Administrator or an authorized officer.
§ 622.435 Trap construction specifications
and tending restrictions.
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(a) Reef fish—(1) Construction
specifications—(i) Minimum mesh size.
A bare-wire fish trap used or possessed
in the EEZ around Puerto Rico that has
hexagonal mesh openings must have a
minimum mesh size of 1.5 inches (3.8
cm) in the smallest dimension measured
between centers of opposite strands. A
bare-wire fish trap used or possessed in
the EEZ around Puerto Rico that has
other than hexagonal mesh openings or
a fish trap of other than bare wire, such
as coated wire or plastic, used or
possessed in the EEZ around Puerto
Rico, must have a minimum mesh size
of 2 inches (5.1 cm) in the smallest
dimension measured between centers of
opposite strands.
(ii) Escape mechanisms. A fish trap
used or possessed in the EEZ around
Puerto Rico must have a panel located
on one side of the trap, excluding the
top, bottom, and side containing the
trap entrance. The opening covered by
the panel must measure not less than 8
by 8 inches (20.3 by 20.3 cm). The mesh
size of the panel may not be smaller
than the mesh size of the trap. The
panel must be attached to the trap with
untreated jute twine with a diameter not
exceeding 1⁄8-inch (3.2 mm). An access
door may serve as the panel, provided
it is on an appropriate side, it is hinged
only at its bottom, its only other
fastening is untreated jute twine with a
diameter not exceeding 1⁄8-inch (3.2
mm), and such fastening is at the top of
the door so that the door will fall open
when such twine degrades. Jute twine
used to secure a panel may not be
wrapped or overlapped.
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(2) Tending restrictions. A fish trap in
the EEZ around Puerto Rico may be
pulled or tended only by a person (other
than an authorized officer) aboard the
fish trap owner’s vessel, or aboard
another vessel if such vessel has on
board written consent of the trap owner,
or if the trap owner is aboard and has
documentation verifying his
identification number and color code.
An owner’s written consent must
specify the time period such consent is
effective and the trap owner’s gear
identification number and color code.
(b) [Reserved]
(c) Spiny lobster—(1) Construction
specifications—
(i) Escape mechanisms. A spiny
lobster trap used or possessed in the
EEZ around Puerto Rico must contain
on any vertical side or on the top a
panel no smaller in diameter than the
throat or entrance of the trap. The panel
must be made of or attached to the trap
by one of the following degradable
materials:
(A) Untreated fiber of biological origin
with a diameter not exceeding 1⁄8-inch
(3.2 mm). This includes, but is not
limited to tyre palm, hemp, jute, cotton,
wool, or silk.
(B) Ungalvanized or uncoated iron
wire with a diameter not exceeding 1⁄16inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny
lobster trap in the EEZ around Puerto
Rico may be pulled or tended only by
a person (other than an authorized
officer) aboard the trap owner’s vessel,
or aboard another vessel if such vessel
has on board written consent of the trap
owner, or if the trap owner is aboard
and has documentation verifying his
identification number and color code.
An owner’s written consent must
specify the time period such consent is
effective and the trap owner’s gear
identification number and color code.
jspears on DSK121TN23PROD with RULES2
§ 622.436
The owner or operator of any fishing
vessel, recreational or commercial, that
fishes for or possesses reef fish in or
from the EEZ around Puerto Rico must
ensure that the vessel uses only an
anchor retrieval system that recovers the
anchor by its crown, thereby preventing
the anchor from dragging along the
bottom during recovery. For a grapnel
hook, this could include an
incorporated anchor rode reversal bar
that runs parallel along the shank,
which allows the rode to reverse and
slip back toward the crown. For a flukeor plow-type anchor, a trip line
consisting of a line from the crown of
the anchor to a surface buoy is required.
20:18 Sep 12, 2022
Jkt 256001
Prohibited gear and methods.
Also see § 622.9 for additional
prohibited gear and methods that apply
more broadly to multiple fisheries or in
some cases all fisheries.
(a) Reef fish—(1) Poisons. A poison,
drug, or other chemical may not be used
to fish for reef fish in the EEZ around
Puerto Rico.
(2) Powerheads. A powerhead may
not be used in the EEZ around Puerto
Rico to harvest reef fish. The possession
of a mutilated reef fish in or from the
EEZ around Puerto Rico and a
powerhead constitutes a rebuttable
presumption of a violation of this
paragraph (a)(2).
(3) Gillnets and trammel nets. A
gillnet or trammel net may not be used
in the EEZ around Puerto Rico to fish
for reef fish. The possession of a reef
fish in or from the EEZ around Puerto
Rico and a gillnet or trammel net
constitutes a rebuttable presumption of
a violation of this paragraph (a)(3). A
gillnet or trammel net used in the EEZ
around Puerto Rico to fish for any other
species must be tended at all times.
(b) [Reserved]
(c) Spiny lobster—(1) Spears and
hooks. A spear, hook, or similar device
may not be used in the EEZ around
Puerto Rico to harvest a spiny lobster.
The possession of a speared, pierced, or
punctured spiny lobster in or from the
EEZ around Puerto Rico constitutes a
rebuttable presumption of a violation of
this paragraph (c)(1).
(2) Gillnets and trammel nets. A
gillnet or trammel net may not be used
in the EEZ around Puerto Rico to fish
for spiny lobster. The possession of a
spiny lobster in or from the EEZ around
Puerto Rico and a gillnet or trammel net
constitutes a rebuttable presumption of
a violation of this paragraph (c)(2). A
gillnet or trammel net used in the EEZ
around Puerto Rico to fish for any other
species must be tended at all times.
§ 622.438
Anchoring restrictions.
VerDate Sep<11>2014
§ 622.437
Prohibited species.
The harvest and possession
restrictions of this section apply without
regard to whether the species is
harvested by a vessel operating under a
commercial vessel permit. The operator
of a vessel that fishes in the EEZ around
Puerto Rico is responsible for the limit
applicable to that vessel. Any of the
following species caught in the EEZ
around Puerto Rico must be released
immediately with a minimum of harm.
(a) Reef fish. No person may fish for
or possess the following reef fish species
in or from the EEZ around Puerto Rico.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight
parrotfish, or rainbow parrotfish.
(b)–(c) [Reserved]
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(d) Coral, sea cucumber, and sea
urchin. A coral, sea cucumber, or sea
urchin may not be fished for or
possessed in or from the EEZ around
Puerto Rico. The taking of coral in the
EEZ around Puerto Rico is not
considered unlawful possession
provided it is returned immediately to
the sea in the general area of fishing.
(e) Queen conch. No person may fish
for or possess queen conch in or from
the EEZ around Puerto Rico.
(f) Rays. No person may fish for or
possess giant manta, spotted eagle ray,
or southern stingray in or from the EEZ
around Puerto Rico.
§ 622.439
Area and seasonal closures.
(a) Closures applicable to specific
areas—(1) Abrir La Sierra Bank red hind
spawning aggregation area. Abrir La
Sierra Bank is bounded by rhumb lines
connecting, in order, the points listed in
Table 1 to this paragraph (a)(1).
(i) From December 1 through the last
day of February, each year, fishing is
prohibited in Abrir La Sierra Bank.
(ii) Fishing with pots, traps, bottom
longlines, gillnets or trammel nets is
prohibited year-round in Abrir La Sierra
Bank.
TABLE 1 TO § 622.439(a)(1)—ABRIR
LA SIERRA BANK
Point
A
B
C
D
A
North lat.
18°06.5′
18°06.5′
18°03.5′
18°03.5′
18°06.5′
........
........
........
........
........
West long.
67°26.9′
67°23.9′
67°23.9′
67°26.9′
67°26.9′
(2) Tourmaline Bank red hind
spawning aggregation area. Tourmaline
Bank is bounded by rhumb lines
connecting, in order, the points listed in
Table 2 to this paragraph (a)(2).
(i) From December 1 through the last
day of February, each year, fishing is
prohibited in those parts of Tourmaline
Bank that are in the EEZ around Puerto
Rico.
(ii) Fishing with pots, traps, bottom
longlines, gillnets or trammel nets is
prohibited year-round in those parts of
Tourmaline Bank that are in the EEZ
around Puerto Rico.
TABLE 2 TO § 622.439(a)(2)—
TOURMALINE BANK
Point
A
B
C
D
A
E:\FR\FM\13SER2.SGM
North lat.
18°11.2′
18°11.2′
18°08.2′
18°08.2′
18°11.2′
13SER2
........
........
........
........
........
West long.
67°22.4′
67°19.2′
67°19.2′
67°22.4′
67°22.4′
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Rules and Regulations
(3) Bajo de Sico. Bajo de Sico is
bounded by rhumb lines connecting, in
order, the points listed in Table 3 to this
paragraph (a)(3).
(i) From October 1 through March 31,
each year, no person may fish for or
possess any reef fish in or from those
parts of Bajo de Sico that are in the EEZ
around Puerto Rico. The prohibition on
possession does not apply to such reef
fish harvested and landed ashore prior
to the closure.
(ii) Fishing with pots, traps, bottom
longlines, gillnets or trammel nets is
prohibited year-round in those parts of
Bajo de Sico that are in the EEZ around
Puerto Rico.
(iii) Anchoring by fishing vessels is
prohibited year-round in those parts of
Bajo de Sico that are in the EEZ around
Puerto Rico.
TABLE 3 TO § 622.439(a)(3)—BAJO DE
SICO
Point
North lat.
A
B
C
D
18°15.7′
18°15.7′
18°12.7′
18°12.7′
........
........
........
........
West long.
67°26.4′
67°23.2′
67°23.2′
67°26.4′
56221
TABLE 3 TO § 622.439(a)(3)—BAJO DE blackfin, silk, or vermilion snapper in or
from the EEZ around Puerto Rico. The
SICO—Continued
Point
A
North lat.
18°15.7′ ........
West long.
67°26.4′
(b) Seasonal closures applicable to
specific species—(1) Black, red, tiger,
yellowedge, and yellowfin grouper
closure. From February 1 through April
30, each year, no person may fish for or
possess black, red, tiger, yellowedge, or
yellowfin grouper in or from the EEZ
around Puerto Rico. The prohibition on
possession does not apply to such
grouper harvested and landed ashore
prior to the closure.
(2) Red hind closure. From December
1 through the last day of February, each
year, no person may fish for or possess
red hind in or from the EEZ around
Puerto Rico west of 67°10′ W. longitude.
The prohibition on possession does not
apply to red hind harvested and landed
ashore prior to the closure.
(3) Black, blackfin, silk, and vermilion
snapper closure. From October 1
through December 31, each year, no
person may fish for or possess black,
prohibition on possession does not
apply to such snapper harvested and
landed ashore prior to the closure.
(4) Lane and mutton snapper closure.
From April 1 through June 30, each
year, no person may fish for or possess
lane or mutton snapper in or from the
EEZ around Puerto Rico. The
prohibition on possession does not
apply to such snapper harvested and
landed ashore prior to the closure.
§ 622.440 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) Reef fish. For those fishing
commercially, the applicable ACL is the
commercial ACL. For those fishing
recreationally, the applicable ACL is the
recreational ACL. 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 ACL for the stock or
stock complex.
(1) Commercial ACLs. The
commercial ACLs are as follows and
given in round weight.
TABLE 1 TO § 622.440(a)(1)
Family
Stock or stock complex and species composition
Angelfishes ...........................
Groupers ..............................
Angelfish—French angelfish, gray angelfish, queen angelfish ....................................
Grouper 3—coney,1 graysby .......................................................................................
Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper,
yellowmouth grouper.
Grouper 5—misty grouper, yellowedge grouper ..........................................................
Grouper 6—red hind,1 rock hind ..................................................................................
Grunts—white grunt .....................................................................................................
Jacks 1—crevalle jack .................................................................................................
Jacks 2—African pompano ..........................................................................................
Jacks 3—rainbow runner .............................................................................................
Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redtail
parrotfish, stoplight parrotfish, striped parrotfish.
Snapper 1—black snapper, blackfin snapper, silk snapper,1 vermilion snapper,
wenchman.
Snapper 2—cardinal snapper, queen snapper 1 ..........................................................
Snapper 3—lane snapper ............................................................................................
Snapper 4—dog snapper, mutton snapper,1 schoolmaster ........................................
Snapper 5—yellowtail snapper ....................................................................................
Snapper 6—cubera snapper ........................................................................................
Surgeonfish—blue tang, doctorfish, ocean surgeonfish ..............................................
Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish 1 .............................
Wrasses 1—hogfish .....................................................................................................
Wrasses 2—puddingwife, Spanish hogfish .................................................................
Grunts ..................................
Jacks ....................................
Parrotfishes ..........................
Snappers ..............................
Surgeonfishes ......................
Triggerfishes ........................
Wrasses ...............................
jspears on DSK121TN23PROD with RULES2
1 Indicator
Commercial ACL
137 lb (62.1 kg).
23,890 lb (10,836.3 kg).
2,492 lb (1,130.3 kg)
15,327 lb (6,952.2 kg).
121,729 lb (55,215.3 kg).
177,923 lb (80,704.5 kg).
46 lb (20.8 kg).
1,052 lb (477.1 kg).
913 lb (414.1 kg).
147,774 lb (67,029.1 kg).
424,009 lb (192,327.2 kg).
257,236 lb (116,680.2 kg).
244,376 lb (110,847 kg).
116,434 lb (52,813.5 kg).
315,806 lb (143,247.1 kg).
119 lb (53.9 kg).
147 lb (66.6 kg).
83,099 lb (37,693 kg).
70,140 lb (31,814.9 kg).
20,126 lb (9,129 kg).
stock.
(2) Recreational ACLs. The
recreational ACLs are as follows and
given in round weight.
TABLE 2 TO § 622.440(a)(2)
Family
Stock or stock complex and species composition
Angelfishes ...........................
Groupers ..............................
Angelfish—French angelfish, gray angelfish, queen angelfish ....................................
Grouper 3—coney,1 graysby .......................................................................................
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19:14 Sep 12, 2022
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Recreational ACL
13SER2
2,985 lb (1,353.9 kg).
19,634 lb (8,905.8 kg).
56222
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Rules and Regulations
TABLE 2 TO § 622.440(a)(2)—Continued
Family
Grunts ..................................
Jacks ....................................
Parrotfishes ..........................
Snappers ..............................
Surgeonfishes ......................
Triggerfishes ........................
Wrasses ...............................
1 Indicator
Stock or stock complex and species composition
Recreational ACL
Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper,
yellowmouth grouper.
Grouper 5—misty grouper, yellowedge grouper ..........................................................
Grouper 6—red hind,1 rock hind ..................................................................................
Grunts—white grunt .....................................................................................................
Jacks 1—crevalle jack .................................................................................................
Jacks 2—African pompano ..........................................................................................
Jacks 3—rainbow runner .............................................................................................
Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redtail
parrotfish, stoplight parrotfish, striped parrotfish.
Snapper 1—black snapper, blackfin snapper, silk snapper,1 vermilion snapper,
wenchman.
Snapper 2—cardinal snapper, queen snapper 1 ..........................................................
Snapper 3—lane snapper ............................................................................................
Snapper 4—dog snapper, mutton snapper,* schoolmaster ........................................
Snapper 5—yellowtail snapper ....................................................................................
Snapper 6—cubera snapper ........................................................................................
Surgeonfish—blue tang, doctorfish, ocean surgeonfish ..............................................
Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish 1 .............................
Wrasses 1—hogfish .....................................................................................................
Wrasses 2—puddingwife, Spanish hogfish .................................................................
5,867 lb (2,661.2 kg).
4,225 lb (1,916.4 kg).
34,493 lb (15,645.7 kg).
2,461 lb (1,116.2 kg).
41,894 lb (19,002.7 kg).
5,719 lb (2,594 kg).
8,091 lb (3,670 kg).
17,052 lb (7,734.6 kg).
111,943 lb (50,776.4 kg).
24,974 lb (11,328 kg).
21,603 lb (9,798.9 kg).
76,625 lb (34,756.5 kg).
23,988 lb (10,880.7 kg).
6,448 lb (2,924.7 kg).
860 lb (390 kg).
7,453 lb (3,380.6 kg).
8,263 lb (3,748 kg).
5,372 lb (2,436.6 kg).
stock.
(3) Total ACLs. The total ACLs
(combined commercial and recreational
ACLs) are as follows and given in round
weight.
TABLE 3 TO § 622.440(a)(3)
Family
Stock or stock complex and species composition
Angelfishes ...........................
Groupers ..............................
Angelfish—French angelfish, gray angelfish, queen angelfish ....................................
Grouper 3—coney,1 graysby .......................................................................................
Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper,
yellowmouth grouper.
Grouper 5—misty grouper, yellowedge grouper ..........................................................
Grouper 6—red hind,1 rock hind ..................................................................................
Grunts—white grunt .....................................................................................................
Jacks 1—crevalle jack .................................................................................................
Jacks 2—African pompano ..........................................................................................
Jacks 3—rainbow runner .............................................................................................
Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redtail
parrotfish, stoplight parrotfish, striped parrotfish.
Snapper 1—black snapper, blackfin snapper, silk snapper,1 vermilion snapper,
wenchman.
Snapper 2—cardinal snapper, queen snapper 1 ..........................................................
Snapper 3—lane snapper ............................................................................................
Snapper 4—dog snapper, mutton snapper,1 schoolmaster ........................................
Snapper 5—yellowtail snapper ....................................................................................
Snapper 6—cubera snapper ........................................................................................
Surgeonfish—blue tang, doctorfish, ocean surgeonfish ..............................................
Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish 1 .............................
Wrasses 1—hogfish .....................................................................................................
Wrasses 2—puddingwife, Spanish hogfish .................................................................
Grunts ..................................
Jacks ....................................
Parrotfishes ..........................
Snappers ..............................
Surgeonfishes ......................
Triggerfishes ........................
Wrasses ...............................
jspears on DSK121TN23PROD with RULES2
1 Indicator
Total ACL
3,122 lb (1,416.1 kg).
43,524 lb (19,742.1 kg).
8,359 lb (3,791.5 kg).
19,552 lb (8,868.6 kg).
156,222 lb (70,861.1 kg).
180,384 lb (81,820.8 kg).
41,940 lb (19,023.6 kg).
6,771 lb (3,071.2 kg).
9,004 lb (4,084.1 kg).
164,826 lb (74,763.8 kg).
535,952 lb (243,103.7 kg).
282,210 lb (128,008.3 kg).
265,979 lb (120,646 kg).
193,059 lb (87,570 kg).
339,794 lb (154,127.9 kg).
6,567 lb (2,978.7 kg).
1,007 lb (456.7 kg).
90,552 lb (41,073.6 kg).
78,403 lb (35,563 kg).
25,498 lb (11,565.6 kg).
stock.
(4) General applicability and
monitoring of AMs. At or near the
beginning the fishing year, landings for
each stock, stock complex, or indicator
stock will be evaluated relative to the
ACL based on a moving multi-year
average of landings, as described in the
FMP. 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 ACL for
VerDate Sep<11>2014
19:14 Sep 12, 2022
Jkt 256001
the stock or stock complex and the AM
specified in paragraph (a)(7) of this
section applies. Any fishing season
reduction required under paragraph (a)
of this section will be applied starting
from September 30 and moving earlier
toward the beginning of the fishing year.
If the length of the required fishing
season reduction exceeds the time
period of January 1 through September
30, any additional fishing season
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reduction will be applied starting from
October 1 and moving later toward the
end of the fishing year.
(5) Commercial AMs. If NMFS
estimates that commercial landings for a
stock, stock complex, or indicator stock
have exceeded the applicable
commercial ACL specified in paragraph
(a)(1) of this section for the stock or
stock complex, and the combined
commercial and recreational landings
for the stock, stock complex, or
E:\FR\FM\13SER2.SGM
13SER2
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Rules and Regulations
indicator stock have exceeded the
applicable combined commercial and
recreational sector ACL (total ACL)
specified in paragraph (a)(3) of this
section for that stock or stock complex,
the Assistant Administrator for NOAA
Fisheries (AA) will file a notification
with the Office of the Federal Register
to reduce the length of the commercial
fishing season for the stock or stock
complex within that fishing year by the
amount necessary to prevent
commercial landings from exceeding the
commercial ACL for the stock or stock
complex, unless NMFS determines that
a fishing season reduction is not
necessary based on the best scientific
information available. If NMFS
determines that either the commercial
ACL or total ACL for the stock or stock
complex was exceeded because data
collection or monitoring improved
rather than because landings increased,
NMFS will not reduce the length of the
commercial fishing season for the stock
or stock complex.
(6) Recreational AMs. If NMFS
estimates that recreational landings for
a stock, stock complex, or indicator
stock have exceeded the applicable
recreational ACL specified in paragraph
(a)(2) of this section for the stock or
stock complex, and the combined
commercial and recreational landings
for the stock, stock complex, or
indicator stock have exceeded the
applicable combined commercial and
recreational ACL (total ACL) specified
in paragraph (a)(3) of this section for
that stock or stock complex, the AA will
file a notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season for the
stock or stock complex within that
fishing year by the amount necessary to
prevent recreational landings from
exceeding the recreational ACL for the
stock or stock complex, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines that either the
recreational ACL or total ACL for the
stock or stock complex was exceeded
because data collection or monitoring
improved rather than because landings
increased, NMFS will not reduce the
length of the recreational fishing season
for the stock or stock complex.
(7) AM when only one sector’s
landings are available. When landings
for one sector are not available for
comparison to that sector’s ACL, the
ACL for the sector with available
landings in paragraph (a) of this section
is the applicable ACL for the stock or
stock complex. If NMFS estimates that
available landings for the stock, stock
complex, or indicator stock, have
VerDate Sep<11>2014
19:14 Sep 12, 2022
Jkt 256001
exceeded the applicable ACL for the
stock or stock complex, the AA will file
a notification with the Office of the
Federal Register to reduce the length of
the fishing season for the stock or stock
complex within that fishing year by the
amount necessary to prevent landings
from exceeding the ACL, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines that the ACL was
exceeded because data collection or
monitoring improved rather than
because landings increased, NMFS will
not reduce the length of the fishing
season for the stock or stock complex.
(b) Pelagic fish. The ACLs and ACTs
are given in round weight. Indicator
stocks are noted in the relevant tables to
paragraph (a) of this section. For those
fishing commercially, the applicable
ACL is the commercial ACL and the
applicable ACT is the commercial ACT.
For those fishing recreationally, the
applicable ACL is the recreational ACL
and the applicable ACT is the
recreational ACT. When landings for
one sector are not available for
comparison to that sector’s ACL and
ACT, the ACL and ACT for the sector
with available landings are the ACL and
ACT for the stock or stock complex.
(1) Barracuda—great barracuda. (i)
Commercial ACL—495 lb (224.5 kg).
(ii) Commercial ACT—445 lb (201.8
kg).
(iii) Recreational ACL—167,693 lb
(76,064.2 kg).
(iv) Recreational ACT—150,924 lb
(68,457.9 kg).
(2) Dolphinfishes—dolphinfish,
pompano dolphinfish. (i) Commercial
ACL—232,173 lb (105,311.9 kg).
(ii) Commercial ACT—208,956 lb
(94,780.8 kg).
(iii) Recreational ACL—1,513,873 lb
(686,681.2 kg).
(iv) Recreational ACT—1,362,486 lb
(618,013.2 kg).
(3) Mackerels—cero, king mackerel. (i)
Commercial ACL—232,422 lb
(105,424.8 kg).
(ii) Commercial ACT—209,180 lb
(94,882.4 kg).
(iii) Recreational ACL—129,180 lb
(58,595 kg).
(iv) Recreational ACT—116,262 lb
(52,735.5 kg).
(4) Tripletail. (i) Commercial ACL—
270 lb (122.4 kg).
(ii) Commercial ACT—243 lb (110.2
kg).
(iii) Recreational ACL—39,005 lb
(17,692.3 kg).
(iv) Recreational ACT—35,105 lb
(15,923.3 kg).
(5) Tunas—blackfin tuna, little tunny.
(i) Commercial ACL—82,779 lb
(37,547.9 kg).
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56223
(ii) Commercial ACT—74,501 lb
(33,793 kg).
(iii) Recreational ACL—34,485 lb
(15,642.1 kg).
(iv) Recreational ACT—31,037 lb
(14,078.1 kg).
(6) Wahoo. (i) Commercial ACL—
25,911 lb (11,753 kg).
(ii) Commercial ACT—23,320 lb
(10,577.7 kg).
(iii) Recreational ACL—210,737 lb
(95,588.6 kg).
(iv) Recreational ACT—189,663 lb
(86,029.6 kg).
(7) Pelagic fish AM application. At or
near the beginning the fishing year,
landings for each stock, stock complex,
or indicator stock will be evaluated
relative to the applicable ACT for the
stock or stock complex based on a
moving multi-year average of landings,
as described in the FMP. If NMFS
estimates that landings have exceeded
the applicable ACT specified in
paragraph (b) of this section for a stock
or stock complex, NMFS in consultation
with the Caribbean Fishery Management
Council will determine appropriate
corrective action.
(c) Spiny lobster. (1) ACL—527,232 lb
(239,148.4 kg), round weight.
(2) At or near the beginning the
fishing year, landings will be evaluated
relative to the ACL based on a moving
multi-year average of landings, as
described in the FMP. If NMFS
estimates that landings have exceeded
the ACL specified in paragraph (c)(1) of
this section, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the fishing season for spiny lobster
within that fishing year by the amount
necessary to prevent landings from
exceeding the ACL, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines the ACL was
exceeded because data collection or
monitoring improved rather than
because landings increased, NMFS will
not reduce the length of the fishing
season. Any fishing season reduction
required under this paragraph (c)(2) will
be applied starting from September 30
and moving earlier toward the
beginning of the fishing year. If the
length of the required fishing season
reduction exceeds the time period of
January 1 through September 30, any
additional fishing season reduction will
be applied starting from October 1 and
moving later toward the end of the
fishing year.
(d)–(e) [Reserved]
(f) Closure provisions for reef fish and
spiny lobster—(1) Restrictions
applicable during a commercial closure
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for a reef fish stock or stock complex in
the EEZ around Puerto Rico. During the
closure period announced in the
notification filed pursuant to paragraph
(a)(5) of this section, the commercial
sector included in the notification is
closed, and such stock or stock complex
in or from the EEZ around Puerto Rico
may not be purchased or sold. Harvest
or possession of such reef fish stock or
stock complex in or from the EEZ
around Puerto Rico is limited to the
recreational bag and possession limits. If
the recreational sector for such stock or
stock complex also is closed, such stock
or stock complex in or from the EEZ
around Puerto Rico may not be
harvested, possessed, purchased, or
sold, and the bag and possession limits
are zero.
(2) Restrictions applicable during a
recreational closure for a reef fish stock
or stock complex in the EEZ around
Puerto Rico. During the closure period
announced in the notification filed
pursuant to paragraph (a)(6) of this
section, the recreational sector for the
reef fish stock or stock complex
included in the notification is closed,
and the bag and possession limits for
such stock or stock complex in or from
the EEZ around Puerto Rico are zero. If
the commercial sector for such stock or
stock complex also is closed, such stock
or stock complex in or from the EEZ
around Puerto Rico may not be
harvested, possessed, purchased, or
sold, and the bag and possession limits
are zero.
(3) Restrictions applicable during a
closure for a reef fish stock or stock
complex in the EEZ around Puerto Rico
when only one sector’s landings are
available. During the closure period
announced in the notification filed
pursuant to paragraph (a)(7) of this
section, the fishing season for the reef
fish stock or stock complex included in
the notification is closed, and such
stock or stock complex in or from the
EEZ around Puerto Rico may not be
harvested, possessed, purchased, or
sold, and the bag and possession limits
for such stock or stock complex are zero.
(4) Restrictions applicable during a
spiny lobster closure in the EEZ around
Puerto Rico. During the closure period
announced in the notification filed
pursuant to paragraph (c)(2) of this
section, the fishing season for spiny
lobster is closed, and spiny lobster in or
from the EEZ around Puerto Rico may
not be harvested, possessed, purchased,
or sold, and the bag and possession
limits are zero.
§ 622.441
Size limits.
All size limits in this section are
minimum size limits unless specified
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otherwise. A fish not in compliance
with its size limit in or from the EEZ
around Puerto Rico may not be
possessed, sold, or purchased, and must
be released immediately with a
minimum of harm. The operator of a
vessel that fishes in the EEZ around
Puerto Rico is responsible for ensuring
that all species on board are in
compliance with the size limits
specified in this section. See § 622.10
regarding requirements for landing fish
intact. See § 622.445(c)(2) regarding
requirements for landing spiny lobster
intact.
(a) Reef fish. (1) Yellowtail snapper—
12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm),
carapace length.
§ 622.442
[Reserved]
§ 622.443 Restrictions on sale or
purchase.
(a) Reef fish. A live red hind or live
mutton snapper in or from the EEZ
around Puerto Rico may not be sold or
purchased and used in the marine
aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or
purchase a coral harvested in the EEZ
around Puerto Rico.
(2) A coral that is sold in Puerto Rico
will be presumed to have been
harvested in the EEZ around Puerto
Rico, unless it is accompanied by
documentation showing that it was
harvested elsewhere. Such
documentation must contain:
(i) The information specified in
subpart K of part 300 of this title for
marking containers or packages of fish
or wildlife that are imported, exported,
or transported in interstate commerce.
(ii) The name and home port of the
vessel, or the name and address of the
individual harvesting the coral.
(iii) The port and date of landing the
coral.
(iv) A statement signed by the person
selling the coral attesting that, to the
best of his or her knowledge,
information, and belief, such coral was
harvested from other than in the EEZ
around Puerto Rico or the waters of
Puerto Rico or the U.S. Virgin Islands.
§ 622.444
Bag and possession limits.
Section 622.11(a) provides the general
applicability for bag and possession
limits. However, § 622.11(a)
notwithstanding, the bag limits of this
section do not apply to a person who
has a valid commercial fishing license
issued by Puerto Rico or the U.S. Virgin
Islands.
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(a) Reef fish. (1) Groupers,
parrotfishes, and snappers combined—5
per person per day or, if 3 or more
persons are aboard, 15 per vessel per
day; but not to exceed 2 parrotfish per
person per day or 6 parrotfish per vessel
per day.
(2) Angelfishes, grunts, jacks,
surgeonfishes, triggerfishes, and wrasses
combined—5 per person per day or, if
3 or more persons are aboard, 15 per
vessel per day, but not to exceed 1
surgeonfish per person per day or 4
surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per
day, not to exceed 10 per vessel per day,
whichever is less.
§ 622.445
Other harvest restrictions.
(a)–(b) [Reserved]
(c) Spiny lobster—(1) Prohibition on
harvest of egg-bearing spiny lobster.
Egg-bearing spiny lobster in the EEZ
around Puerto Rico must be returned to
the water unharmed. An egg-bearing
spiny lobster may be retained in a spiny
lobster trap, provided the trap is
returned immediately to the water. An
egg-bearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in
any other manner molested, in order to
remove the eggs.
(2) Landing spiny lobster intact. (i) A
spiny lobster in or from the EEZ around
Puerto Rico must be maintained with
head and carapace intact through
offloading ashore.
(ii) The operator of a vessel that fishes
in the EEZ around Puerto Rico is
responsible for ensuring that spiny
lobster on that vessel are maintained
intact through offloading ashore, as
specified in this section.
§ 622.446 Spiny lobster import
prohibitions.
(a) Minimum size limits for imported
spiny lobster. Multiple minimum size
limits apply to importation of spiny
lobster into the United States—one that
applies any place subject to the
jurisdiction of the United States other
than Puerto Rico or the U.S. Virgin
Islands, and more restrictive minimum
size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John,
respectively.
(1) No person may import a spiny
lobster with less than a 6-ounce (170gram) tail weight into Puerto Rico. For
the purposes of paragraph (a) of this
section, a 6-ounce (170-gram) tail weight
is defined as a tail that weighs 5.9–6.4
ounces (167–181 grams). If the
documentation accompanying an
imported spiny lobster, including but
not limited to product packaging,
customs entry forms, bills of lading,
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brokerage forms, or commercial
invoices, indicates that the product does
not satisfy the minimum tail-weight, the
person importing such spiny lobster has
the burden to prove that such spiny
lobster does satisfy the minimum tailweight requirement or that such spiny
lobster has a tail length of 6.2 inches
(15.75 cm) or greater or that such spiny
lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the
imported product itself does not satisfy
the minimum tail-weight requirement,
the person importing such spiny lobster
has the burden to prove that such spiny
lobster has a tail length of 6.2 inches
(15.75 cm) or greater or that such spiny
lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the
burden is satisfied, such spiny lobster
will be considered to be in compliance
with the minimum 6-ounce (170-gram)
tail-weight requirement.
(2) See § 622.409 regarding the
minimum size limit that applies to
spiny lobster imported into any place
subject to the jurisdiction of the United
States other than Puerto Rico or the U.S.
Virgin Islands.
(3) See subparts T and U of this part
for the minimum size limits that apply
to spiny lobster imported into St. Croix
and St. Thomas and St. John,
respectively.
(b) Additional spiny lobster import
prohibitions—(1) Prohibition related to
tail meat. No person may import into
any place subject to the jurisdiction of
the United States spiny lobster tail meat
that is not in whole tail form with the
exoskeleton attached.
(2) Prohibitions related to egg-bearing
spiny lobster. No person may import
into any place subject to the jurisdiction
of the United States spiny lobster with
eggs attached or spiny lobster from
which eggs or pleopods (swimmerets)
have been removed or stripped.
Pleopods are the first five pairs of
abdominal appendages.
§ 622.447 Adjustment of management
measures.
In accordance with the framework
procedure of the Fishery Management
Plan for the EEZ around Puerto Rico, the
RA may establish or modify the
following items.
(a) Standard open framework
procedures. Re-specify maximum
sustainable yield (MSY), optimum yield
(OY), overfishing limit (OFL), maximum
fishing mortality threshold (MFMT),
minimum stock size threshold (MSST),
56225
acceptable biological catch (ABC), ACL,
ACT, sustainable yield level, and other
related management reference points
and status determination criteria;
establish or revise rebuilding plans;
revise AMs; modify reporting or
monitoring requirements, and time or
area closures and closure procedures.
(b) Abbreviated open framework
procedures. Gear or vessel marking
requirements, maintaining fish in a
specific condition, size limits,
commercial trip limits, recreational bag
and possession limits, changes to the
length of an established closed season of
no more than 1 day, and gear
modifications to address conservation
issues including responding to
interactions with species listed under
the Endangered Species Act or protected
under the Marine Mammal Protection
Act.
Subpart T—FMP for the EEZ Around
St. Croix
§ 622.470
Management area.
The management area is the EEZ
around St. Croix bounded by rhumb
lines connecting the following points
and geographic instructions in order:
TABLE 1 TO § 622.470
Point
North lat.
G ...................................................................................................................................................................
From Point G proceed along the international and EEZ boundary easterly, then southerly, then southwesterly to Point F.
F ...................................................................................................................................................................
E ...................................................................................................................................................................
D ...................................................................................................................................................................
G ...................................................................................................................................................................
§ 622.471
Definitions.
In addition to the definitions and
acronyms in § 622.2, the terms and
acronyms used in this subpart have the
following meanings:
Coral means any or all species, or a
part thereof, of coral occurring in the
EEZ around St. Croix, including any or
all species, or a part thereof, of soft
corals and gorgonians in Order
Alcyonacea; sea pens and sea pansies in
Order Pennatulacea; black corals in
Order Antipatharia; stony corals in
Order Scleractinia; and, within Order
Anthoatheacata, fire corals in Family
West long.
18°03′03″
64° 38′ 03″
16° 02′53.5812″
17°30′00.000″
18°01′16.9636″
18°03′03″
65°20′00.1716″
65°20′00.1716″
64°57′38.817″
64°38′03″
Milleporidae and lace corals in Family
Stylasteridae.
Coral reef resource means any or all
species, or a part thereof, of coral, sea
cucumber, and sea urchin.
Pelagic fish means any or all species,
or a part thereof, as follows:
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TABLE 1 TO § 622.471
Class or Family
Scientific name
Dolphinfishes—Coryphaenidae ..........................
Mackerels and tunas—Scombridae ...................
Coryphaena hippurus .......................................
Acanthocybium solandri ...................................
Queen conch means the species
Lobatus gigas, or a part thereof.
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English common name
Dolphinfish.
Wahoo.
Reef fish means any or all species, or
a part thereof, as follows:
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TABLE 2 TO § 622.471
Class or family
Scientific name
Angelfishes—Pomacanthidae ............................
Pomacanthus paru ...........................................
Pomacanthus arcuatus ....................................
Holacanthus ciliaris ..........................................
Mycteroperca bonaci ........................................
Cephalopholis fulva ..........................................
Epinephelus itajara ...........................................
Cephalopholis cruentata ..................................
Hyporthodus mystacinus ..................................
Epinephelus striatus .........................................
Epinephelus morio ...........................................
Epinephelus guttatus ........................................
Epinephelus adscensionis ................................
Mycteroperca tigris ...........................................
Mycteroperca venenosa ...................................
Haemulon sciurus ............................................
Haemulon plumierii ..........................................
Scarus coeruleus .............................................
Scarus coelestinus ...........................................
Scarus taeniopterus .........................................
Scarus vetula ...................................................
Scarus guacamaia ...........................................
Sparisoma aurofrenatum ..................................
Sparisoma rubripinne .......................................
Sparisoma chrysopterum .................................
Sparisoma viride ..............................................
Scarus iseri ......................................................
Apsilus dentatus ...............................................
Lutjanus buccanella .........................................
Lutjanus griseus ...............................................
Lutjanus synagris .............................................
Lutjanus analis .................................................
Etelis oculatus ..................................................
Lutjanus apodus ...............................................
Lutjanus vivanus ..............................................
Rhomboplites aurorubens ................................
Ocyurus chrysurus ...........................................
Holocentrus rufus .............................................
Acanthurus coeruleus ......................................
Acanthurus chirurgus .......................................
Acanthurus tractus ...........................................
Balistes vetula ..................................................
Groupers—Serranidae .......................................
Grunts—Haemulidae ..........................................
Parrotfishes—Scaridae ......................................
Snappers—Lutjanidae ........................................
Squirrelfishes—Holocentridae ............................
Surgeonfishes—Acanthuridae ...........................
Triggerfishes—Balistidae ...................................
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Sea cucumber means any or all
species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ
of St. Croix.
Sea urchin means any or all species
of sea urchin, or a part thereof, in Class
Echinoidea and occurring in the EEZ of
St. Croix.
Spiny lobster trap means a trap and its
component parts, including the lines
and buoys, used for or capable of taking
spiny lobster and meeting the spiny
lobster trap construction specifications
of this subpart.
§ 622.472
[Reserved]
§ 622.473
Vessel identification.
See § 622.6 for vessel identification
requirements applicable to this subpart.
§ 622.474
Gear identification.
(a) Reef fish—(1) Fish traps and
associated buoys. All fish traps used or
possessed in the EEZ around St. Croix
must display the official number
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English common name
specified for the vessel by Puerto Rico
or the U.S. Virgin Islands. A fish trap
that is fished individually, rather than
tied together in a trap line, must have
at least one buoy attached that floats on
the surface. Fish traps that are tied
together in a trap line must have at least
one buoy that floats at the surface
attached at each end of the trap line. All
buoys must display the official number
and color code assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of fish
traps. A fish trap in the EEZ around St.
Croix will be presumed to be the
property of the most recently
documented owner. This presumption
will not apply with respect to such traps
that are lost or sold if the owner reports
the loss or sale within 15 days to the
RA.
(3) Disposition of unmarked fish traps
or buoys. An unmarked fish trap or buoy
deployed in the EEZ around St. Croix is
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French angelfish.
Gray angelfish.
Queen angelfish.
Black grouper.
Coney.
Goliath grouper.
Graysby.
Misty grouper.
Nassau grouper.
Red grouper.
Red hind.
Rock hind.
Tiger grouper.
Yellowfin grouper.
Bluestriped grunt.
White grunt.
Blue parrotfish.
Midnight parrotfish.
Princess parrotfish.
Queen parrotfish.
Rainbow parrotfish.
Redband parrotfish.
Redfin parrotfish.
Redtail parrotfish.
Stoplight parrotfish.
Striped parrotfish.
Black snapper.
Blackfin snapper.
Gray snapper.
Lane snapper.
Mutton snapper.
Queen snapper.
Schoolmaster.
Silk snapper.
Vermilion snapper.
Yellowtail snapper.
Longspine squirrelfish.
Blue tang.
Doctorfish.
Ocean surgeonfish.
Queen triggerfish.
illegal and may be disposed of in any
appropriate manner by the Assistant
Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster—(1) Spiny lobster
traps and associated buoys. All spiny
lobster traps used or possessed in the
EEZ around St. Croix must display the
official number specified for the vessel
by Puerto Rico or the U.S. Virgin
Islands. A spiny lobster trap that is
fished individually, rather than tied
together in a trap line, must have at least
one buoy attached that floats on the
surface. Spiny lobster traps that are tied
together in a trap line must have at least
one buoy that floats at the surface
attached at each end of the trap line. All
buoys must display the official number
and color code assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of spiny
lobster traps. A spiny lobster trap in the
EEZ around St. Croix will be presumed
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to be the property of the most recently
documented owner. This presumption
will not apply with respect to such traps
that are lost or sold if the owner reports
the loss or sale within 15 days to the
RA.
(3) Disposition of unmarked spiny
lobster traps or buoys. An unmarked
spiny lobster trap or buoy deployed in
the EEZ around St. Croix is illegal and
may be disposed of in any appropriate
manner by the Assistant Administrator
or an authorized officer.
jspears on DSK121TN23PROD with RULES2
§ 622.475 Trap construction specifications
and tending restrictions.
(a) Reef fish—(1) Construction
specifications—(i) Minimum mesh size.
A bare-wire fish trap used or possessed
in the EEZ around St. Croix that has
hexagonal mesh openings must have a
minimum mesh size of 1.5 inches (3.8
cm) in the smallest dimension measured
between centers of opposite strands. A
bare-wire fish trap used or possessed in
the EEZ around St. Croix that has other
than hexagonal mesh openings or a fish
trap of other than bare wire, such as
coated wire or plastic, used or possessed
in the EEZ around St. Croix, must have
a minimum mesh size of 2 inches (5.1
cm) in the smallest dimension measured
between centers of opposite strands.
(ii) Escape mechanisms. A fish trap
used or possessed in the EEZ around St.
Croix must have a panel located on one
side of the trap, excluding the top,
bottom, and side containing the trap
entrance. The opening covered by the
panel must measure not less than 8 by
8 inches (20.3 by 20.3 cm). The mesh
size of the panel may not be smaller
than the mesh size of the trap. The
panel must be attached to the trap with
untreated jute twine with a diameter not
exceeding 1⁄8-inch (3.2 mm). An access
door may serve as the panel, provided
it is on an appropriate side, it is hinged
only at its bottom, its only other
fastening is untreated jute twine with a
diameter not exceeding 1⁄8-inch (3.2
mm), and such fastening is at the top of
the door so that the door will fall open
when such twine degrades. Jute twine
used to secure a panel may not be
wrapped or overlapped.
(2) Tending restrictions. A fish trap in
the EEZ around St. Croix may be pulled
or tended only by a person (other than
an authorized officer) aboard the fish
trap owner’s vessel, or aboard another
vessel if such vessel has on board
written consent of the trap owner, or if
the trap owner is aboard and has
documentation verifying his
identification number and color code.
An owner’s written consent must
specify the time period such consent is
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effective and the trap owner’s gear
identification number and color code.
(b) [Reserved]
(c) Spiny lobster—(1) Construction
specifications—(i) Escape mechanisms.
A spiny lobster trap used or possessed
in the EEZ around St. Croix must
contain on any vertical side or on the
top a panel no smaller in diameter than
the throat or entrance of the trap. The
panel must be made of or attached to the
trap by one of the following degradable
materials:
(A) Untreated fiber of biological origin
with a diameter not exceeding 1⁄8-inch
(3.2 mm). This includes, but is not
limited to tyre palm, hemp, jute, cotton,
wool, or silk.
(B) Ungalvanized or uncoated iron
wire with a diameter not exceeding 1⁄16inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny
lobster trap in the EEZ around St. Croix
may be pulled or tended only by a
person (other than an authorized officer)
aboard the trap owner’s vessel, or
aboard another vessel if such vessel has
on board written consent of the trap
owner, or if the trap owner is aboard
and has documentation verifying his
identification number and color code.
An owner’s written consent must
specify the time period such consent is
effective and the trap owner’s gear
identification number and color code.
§ 622.476
Anchoring restrictions.
The owner or operator of any fishing
vessel, recreational or commercial, that
fishes for or possesses reef fish in or
from the EEZ around St. Croix must
ensure that the vessel uses only an
anchor retrieval system that recovers the
anchor by its crown, thereby preventing
the anchor from dragging along the
bottom during recovery. For a grapnel
hook, this could include an
incorporated anchor rode reversal bar
that runs parallel along the shank,
which allows the rode to reverse and
slip back toward the crown. For a flukeor plow-type anchor, a trip line
consisting of a line from the crown of
the anchor to a surface buoy is required.
§ 622.477
Prohibited gear and methods.
Also see § 622.9 for additional
prohibited gear and methods that apply
more broadly to multiple fisheries or in
some cases all fisheries.
(a) Reef fish—(1) Poisons. A poison,
drug, or other chemical may not be used
to fish for reef fish in the EEZ around
St. Croix.
(2) Powerheads. A powerhead may
not be used in the EEZ around St. Croix
to harvest reef fish. The possession of a
mutilated reef fish in or from the EEZ
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around St. Croix and a powerhead
constitutes a rebuttable presumption of
a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A
gillnet or trammel net may not be used
in the EEZ around St. Croix to fish for
reef fish. The possession of a reef fish
in or from the EEZ around St. Croix and
a gillnet or trammel net constitutes a
rebuttable presumption of a violation of
this paragraph (a)(3). A gillnet or
trammel net used in the EEZ around St.
Croix to fish for any other species must
be tended at all times.
(b) [Reserved]
(c) Spiny lobster—(1) Spears and
hooks. A spear, hook, or similar device
may not be used in the EEZ around St.
Croix to harvest a spiny lobster. The
possession of a speared, pierced, or
punctured spiny lobster in or from the
EEZ around St. Croix constitutes a
rebuttable presumption of a violation of
this paragraph (c)(1).
(2) Gillnets and trammel nets. A
gillnet or trammel net may not be used
in the EEZ around St. Croix to fish for
spiny lobster. The possession of a spiny
lobster in or from the EEZ around St.
Croix and a gillnet or trammel net
constitutes a rebuttable presumption of
a violation of this paragraph (c)(2). A
gillnet or trammel net used in the EEZ
around St. Croix to fish for any other
species must be tended at all times.
(d) [Reserved]
(e) Queen conch. In the EEZ around
St. Croix, no person may harvest queen
conch by diving while using a device
that provides a continuous air supply
from the surface.
§ 622.478
Prohibited species.
The harvest and possession
restrictions of this section apply without
regard to whether the species is
harvested by a vessel operating under a
commercial vessel permit. The operator
of a vessel that fishes in the EEZ around
St. Croix is responsible for the limit
applicable to that vessel. Any of the
following species caught in the EEZ
around St. Croix must be released
immediately with a minimum of harm.
(a) Reef fish. No person may fish for
or possess the following reef fish species
in or from the EEZ around St. Croix.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight
parrotfish, or rainbow parrotfish.
(b)—(c) [Reserved]
(d) Coral, sea cucumber, and sea
urchin. A coral, sea cucumber, or sea
urchin may not be fished for or
possessed in or from the EEZ around St.
Croix. The taking of coral in the EEZ
around St. Croix is not considered
unlawful possession provided it is
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spawning aggregation area is bounded
by rhumb lines connecting, in order, the
points listed in Table 1 to this paragraph
(a).
(i) From March 1 through June 30,
each year, fishing is prohibited in those
parts of the mutton snapper spawning
returned immediately to the sea in the
general area of fishing.
(e) [Reserved]
§ 622.479
Area and seasonal closures.
(a) Closures applicable to specific
areas—(1) Mutton snapper spawning
aggregation area. The mutton snapper
aggregation area that are in the EEZ
around St. Croix.
(ii) Fishing with pots, traps, bottom
longlines, gillnets or trammel nets is
prohibited year-round in those parts of
the mutton snapper spawning
aggregation area that are in the EEZ
around St. Croix.
TABLE 1 TO § 622.479(A)—MUTTON SNAPPER SPAWNING AGGREGATION AREA
Point
A
B
C
D
E
A
North lat.
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(2) Red hind spawning aggregation
area east of St. Croix. The red hind
spawning aggregation area east of St.
Croix is bounded by rhumb lines
connecting, in order, the points listed in
Table 2 to this paragraph (a)(2).
(i) From December 1 through the last
day of February, each year, fishing is
prohibited in the red hind spawning
aggregation area east of St. Croix.
(ii) Fishing with pots, traps, bottom
longlines, gillnets or trammel nets is
17°37.8′
17°39.0′
17°39.0′
17°38.1′
17°37.8′
17°37.8′
West long.
64°53.0′
64°53.0′
64°50.5′
64°50.5′
64°52.5′
64°53.0′
prohibited year-round in the red hind
spawning aggregation area east of St.
Croix.
TABLE 2 TO § 622.479(A)(2)—RED HIND SPAWNING AGGREGATION AREA EAST OF ST. CROIX
Point
A
B
C
D
E
F
A
North lat.
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(b) Seasonal closures applicable to
specific species—(1) Black, red, tiger,
and yellowfin grouper closure. From
February 1 through April 30, each year,
no person may fish for or possess black,
red, tiger, or yellowfin grouper in or
from the EEZ around St. Croix. The
prohibition on possession does not
apply to such grouper harvested and
landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion
snapper closure. From October 1
through December 31, each year, no
person may fish for or possess black,
blackfin, silk, or vermilion snapper in or
from the EEZ around St. Croix. The
prohibition on possession does not
apply to such snapper harvested and
landed ashore prior to the closure.
(3) Lane and mutton snapper closure.
From April 1 through June 30, each
year, no person may fish for or possess
lane or mutton snapper in or from the
EEZ around St. Croix. The prohibition
on possession does not apply to such
17°50.2′
17°50.1′
17°49.2′
17°48.6′
17°48.1′
17°47.5′
17°50.2′
West long.
64°27.9′
64°26.1′
64°25.8′
64°25.8′
64°26.1′
64°26.9′
64°27.9′
snapper harvested and landed ashore
prior to the closure.
(4) Queen conch. No person may fish
for or possess a queen conch in or from
the EEZ around St. Croix, except from
November 1 through May 31 in the area
east of 64°34′ W longitude, which
includes Lang Bank.
§ 622.480 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) Reef fish. (1) The ACLs are as
follows and given in round weight.
jspears on DSK121TN23PROD with RULES2
TABLE 1 TO § 622.480(a)(1)
Family
Stock or stock complex and species composition
Angelfishes ......................................
Groupers .........................................
Angelfish—French angelfish, gray angelfish, queen angelfish .............
Grouper 3—coney,1 graysby .................................................................
Grouper 4—red hind,1 rock hind ...........................................................
Grouper 5—black grouper, red grouper, tiger grouper, yellowfin
grouper.
Grouper 6—misty grouper .....................................................................
Grunts—bluestriped grunt, white grunt ..................................................
Parrotfish 2—princess parrotfish, queen parrotfish, redband
parrotfish, redfin parrotfish, redtail parrotfish,1 stoplight parrotfish,1
striped parrotfish.
Snapper 1—black snapper, blackfin snapper,1 silk snapper,1
vermilion snapper.
Grunts ..............................................
Parrotfishes .....................................
Snappers .........................................
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E:\FR\FM\13SER2.SGM
ACL
6,412 lb (2,908.4 kg).
13,529 lb (6,136.6 kg).
11,849 lb (5,374.6 kg).
701 lb (317.9 kg).
77 lb (34.9 kg).
27,169 lb (12,323.6 kg).
72,365 lb (32,824.2 kg).
61,455 lb (27,875.5 kg).
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56229
TABLE 1 TO § 622.480(a)(1)—Continued
Family
Stock or stock complex and species composition
Squirrelfishes ...................................
Surgeonfishes .................................
Triggerfishes ....................................
Snapper 2—queen snapper ..................................................................
Snapper 3—gray snapper, lane snapper ..............................................
Snapper 4—mutton snapper .................................................................
Snapper 5—schoolmaster .....................................................................
Snapper 6—yellowtail snapper ..............................................................
Squirrelfish—longspine squirrelfish .......................................................
Surgeonfish—blue tang, doctorfish, ocean surgeonfish ........................
Triggerfish—queen triggerfish ...............................................................
jspears on DSK121TN23PROD with RULES2
1
ACL
7,911 lb (3,588.3 kg).
14,156 lb (6,421 kg).
8,513 lb (3,861.4 kg).
22,879 lb (10,377.7 kg).
15,670 lb (7,107.7 kg).
3,514 (1,593.9 kg).
39,061 lb (17,717.7 kg).
21,450 lb (9,729.5 kg).
Indicator stock.
(2) At or near the beginning the
fishing year, landings for each stock,
stock complex, or indicator stock will be
evaluated relative to the ACL based on
a moving multi-year average of landings,
as described in the FMP. If NMFS
estimates that landings for a stock, stock
complex, or indicator stock have
exceeded the ACL specified in
paragraph (a)(1) of this section for the
stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA)
will file a notification with the Office of
the Federal Register to reduce the length
of the fishing season for the stock or
stock complex within that fishing year
by the amount necessary to prevent
landings from exceeding the ACL for the
stock or stock complex, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines that the ACL for a
particular stock or stock complex was
exceeded because data collection or
monitoring improved rather than
because landings increased, NMFS will
not reduce the length of the fishing
season for the stock or stock complex.
Any fishing season reduction required
under this paragraph (a)(2) will be
applied starting from September 30 and
moving earlier toward the beginning of
the fishing year. If the length of the
required fishing season reduction
exceeds the time period of January 1
through September 30, any additional
fishing season reduction will be applied
starting from October 1 and moving later
toward the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs
are given in round weight.
(1) Dolphinfish. (i) ACL—86,633 lb
(39,296 kg).
(ii) ACT—77,970 lb (35,366.5 kg).
(2) Wahoo. (i) ACL—27,260 lb
(12,364.9 kg).
(ii) ACT—24,534 lb (11,128.4 kg).
(3) Pelagic fish AM application. At or
near the beginning the fishing year,
landings for the stock or stock complex
will be evaluated relative to the ACT for
the stock or stock complex based on a
moving multi-year average of landings,
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as described in the FMP. If NMFS
estimates that landings have exceeded
the ACT specified in paragraph (b) of
this section, NMFS in consultation with
the Caribbean Fishery Management
Council will determine appropriate
corrective action.
(c) Spiny lobster. (1) ACL—197,528 lb
(89,597.1 kg), round weight.
(2) At or near the beginning the
fishing year, landings will be evaluated
relative to the ACL based on a moving
multi-year average of landings, as
described in the FMP. If NMFS
estimates that landings have exceeded
the ACL specified in paragraph (c)(1) of
this section, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the fishing season for spiny lobster
within that fishing year by the amount
necessary to prevent landings from
exceeding the ACL, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines the ACL was
exceeded because data collection or
monitoring improved rather than
because landings increased, NMFS will
not reduce the length of the fishing
season. Any fishing season reduction
required under this paragraph (c)(2) will
be applied starting from September 30
and moving earlier toward the
beginning of the fishing year. If the
length of the required fishing season
reduction exceeds the time period of
January 1 through September 30, any
additional fishing season reduction will
be applied starting from October 1 and
moving later toward the end of the
fishing year.
(d) [Reserved]
(e) Queen conch. (1) ACL—50,000 lb
(22,679.6 kg), round weight.
(2) If NMFS estimates landings reach
or are projected to reach the ACL
specified in paragraph (e)(1) of this
section, the AA will close the area east
of 64°34′ W longitude in the EEZ around
St. Croix to the harvest and possession
of queen conch by filing a notification
of the closure with the Office of the
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Federal Register. During the closure
period, no person may fish for or
possess a queen conch in or from the
area east of 64°34′ W longitude in the
EEZ around St. Croix.
(f) Closure provisions for reef fish,
spiny lobster, and queen conch. The
following restrictions apply during a
fishing season closure for reef fish,
spiny lobster, or queen conch in the EEZ
around St. Croix. During the closure
period announced in the notification
filed pursuant to paragraph (a)(2), (c)(2),
or (e)(2) of this section, such stock or
stock complex in or from the EEZ
around St. Croix may not be harvested,
possessed, purchased, or sold, and the
commercial trip limits and recreational
bag and possession limits are zero.
§ 622.481
Size limits.
All size limits in this section are
minimum size limits unless specified
otherwise. A fish not in compliance
with its size limit in or from the EEZ
around St. Croix may not be possessed,
sold, or purchased, and must be
released immediately with a minimum
of harm. The operator of a vessel that
fishes in the EEZ around St. Croix is
responsible for ensuring that all species
on board are in compliance with the
size limits specified in this section. See
§ 622.10 regarding requirements for
landing fish intact. See § 622.485(c)(2)
regarding requirements for landing
spiny lobster intact. See § 622.485(e)
regarding requirements for landing
queen conch with the meat and shell
intact.
(a) Reef fish. (1) Yellowtail snapper—
12 inches (30.5 cm), TL.
(2) Parrotfishes, except for redband
parrotfish, and prohibited blue
parrotfish, midnight parrotfish, or
rainbow parrotfish—9 inches (22.9 cm),
FL.
(3) Redband parrotfish—8 inches
(20.3 cm), FL.
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm),
carapace length.
(d) [Reserved]
(e) Queen conch. (1) The minimum
size limit is either 9 inches (22.9 cm) in
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length, that is, from the tip of the spire
to the distal end of the shell, or 3⁄8-inch
(9.5 mm) in lip width at its widest
point.
(2) A queen conch not in compliance
with its size limit, as specified in
paragraph (e)(1) of this section, in or
from the EEZ around St. Croix, may not
be possessed, sold, or purchased and
must be released immediately with a
minimum of harm. The operator of a
vessel that fishes in the EEZ around St.
Croix is responsible for ensuring that
queen conch on board are in compliance
with the size limit specified in
paragraph (e)(1) this section.
§ 622.482
Commercial trip limits.
Commercial trip limits are limits on
the amount of the applicable species
that may be possessed on board or
landed, purchased, or sold from a vessel
per day. A person who fishes in the EEZ
around St. Croix may not combine a trip
limit specified in this section with any
trip or possession limit applicable to
state waters. A species subject to a trip
limit specified in this section taken in
the EEZ around St. Croix may not be
transferred at sea, regardless of where
such transfer takes place.
(a) Queen conch. (1) 200.
(2) The trip limits specified in
paragraph (a)(1) of this section apply to
a vessel that has at least one person on
board with a valid commercial fishing
license issued by Puerto Rico or the U.S.
Virgin Islands. If no person on the
vessel has a valid commercial fishing
license issued by Puerto Rico or the U.S.
Virgin Islands, the bag and possession
limits specified in § 622.484(e) apply.
(b) [Reserved]
jspears on DSK121TN23PROD with RULES2
§ 622.483 Restrictions on sale or
purchase.
(a) Reef fish. A live red hind or live
mutton snapper in or from the EEZ
around St. Croix may not be sold or
purchased and used in the marine
aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or
purchase a coral harvested in the EEZ
around St. Croix.
(2) A coral that is sold in St. Croix
will be presumed to have been
harvested in the EEZ around St. Croix,
unless it is accompanied by
documentation showing that it was
harvested elsewhere. Such
documentation must contain:
(i) The information specified in
subpart K of part 300 of this title for
marking containers or packages of fish
or wildlife that are imported, exported,
or transported in interstate commerce.
(ii) The name and home port of the
vessel, or the name and address of the
individual harvesting the coral.
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Jkt 256001
(iii) The port and date of landing the
coral.
(iv) A statement signed by the person
selling the coral attesting that, to the
best of his or her knowledge,
information, and belief, such coral was
harvested from other than in the EEZ
around St. Croix or the waters of Puerto
Rico or the U.S. Virgin Islands.
§ 622.484
Bag and possession limits.
Section 622.11(a) provides the general
applicability for bag and possession
limits. However, § 622.11(a)
notwithstanding, the bag limits of this
section do not apply to a person who
has a valid commercial fishing license
issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers,
parrotfishes, and snappers combined—5
per person per day or, if 3 or more
persons are aboard, 15 per vessel per
day; but not to exceed 2 parrotfish per
person per day or 6 parrotfish per vessel
per day.
(2) Angelfishes, grunts, squirrelfishes,
surgeonfishes, and triggerfishes
combined—5 per person per day or, if
3 or more persons are aboard, 15 per
vessel per day, but not to exceed 1
surgeonfish per person per day or 4
surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per
day, not to exceed 10 per vessel per day,
whichever is less.
(d) [Reserved]
(e) Queen conch. 3 per person per day
or, if more than 4 persons are aboard, 12
per vessel per day.
§ 622.485
Other harvest restrictions.
(a)–(b) [Reserved]
(c) Spiny lobster—(1) Prohibition on
harvest of egg-bearing spiny lobster.
Egg-bearing spiny lobster in the EEZ
around St. Croix must be returned to the
water unharmed. An egg-bearing spiny
lobster may be retained in a spiny
lobster trap, provided the trap is
returned immediately to the water. An
egg-bearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in
any other manner molested, in order to
remove the eggs.
(2) Landing spiny lobster intact. (i) A
spiny lobster in or from the EEZ around
St. Croix must be maintained with head
and carapace intact through offloading
ashore.
(ii) The operator of a vessel that fishes
in the EEZ around St. Croix is
responsible for ensuring that spiny
lobster on that vessel are maintained
intact through offloading ashore, as
specified in this section.
(d) [Reserved]
(e) Queen conch. (1) A queen conch
in or from the EEZ around St. Croix
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must be maintained with meat and shell
intact through offloading ashore.
(2) The operator of a vessel that fishes
in the EEZ around St. Croix is
responsible for ensuring that queen
conch on that vessel are maintained
intact through offloading ashore, as
specified in this section.
§ 622.486 Spiny lobster import
prohibitions.
(a) Minimum size limits for imported
spiny lobster. Multiple minimum size
limits apply to importation of spiny
lobster into the United States—one that
applies any place subject to the
jurisdiction of the United States other
than Puerto Rico or the U.S. Virgin
Islands, and more restrictive minimum
size limits that apply to Puerto Rico, St
Croix, and St. Thomas and St. John,
respectively.
(1) No person may import a spiny
lobster with less than a 6-ounce (170gram) tail weight into St. Croix. For the
purposes of paragraph (a) of this section,
a 6-ounce (170-gram) tail weight is
defined as a tail that weighs 5.9–6.4
ounces (167–181 grams). If the
documentation accompanying an
imported spiny lobster, including but
not limited to product packaging,
customs entry forms, bills of lading,
brokerage forms, or commercial
invoices, indicates that the product does
not satisfy the minimum tail-weight, the
person importing such spiny lobster has
the burden to prove that such spiny
lobster does satisfy the minimum tailweight requirement or that such spiny
lobster has a tail length of 6.2 inches
(15.75 cm) or greater or that such spiny
lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the
imported product itself does not satisfy
the minimum tail-weight requirement,
the person importing such spiny lobster
has the burden to prove that such spiny
lobster has a tail length of 6.2 inches
(15.75 cm) or greater or that such spiny
lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the
burden is satisfied, such spiny lobster
will be considered to be in compliance
with the minimum 6-ounce (170-gram)
tail-weight requirement.
(2) See § 622.409 regarding the
minimum size limit that applies to
spiny lobster imported into any place
subject to the jurisdiction of the United
States other than Puerto Rico or the U.S.
Virgin Islands.
(3) See subparts S and U of this part
for the minimum size limits that apply
to spiny lobster imported into Puerto
Rico and St. Thomas and St. John,
respectively.
(b) Additional spiny lobster import
prohibitions—(1) Prohibition related to
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tail meat. No person may import into
any place subject to the jurisdiction of
the United States spiny lobster tail meat
that is not in whole tail form with the
exoskeleton attached.
(2) Prohibitions related to egg-bearing
spiny lobster. No person may import
into any place subject to the jurisdiction
of the United States spiny lobster with
eggs attached or spiny lobster from
which eggs or pleopods (swimmerets)
have been removed or stripped.
Pleopods are the first five pairs of
abdominal appendages.
§ 622.487 Adjustment of management
measures.
In accordance with the framework
procedure of the Fishery Management
Plan for the EEZ around St Croix, the
RA may establish or modify the
following items.
(a) Standard open framework
procedures. Re-specify maximum
sustainable yield (MSY), optimum yield
(OY), overfishing limit (OFL), maximum
fishing mortality threshold (MFMT),
minimum stock size threshold (MSST),
acceptable biological catch (ABC), ACL,
ACT, sustainable yield level, and other
related management reference points
and status determination criteria;
establish or revise rebuilding plans;
revise AMs; modify reporting or
monitoring requirements, and time or
area closures and closure procedures.
(b) Abbreviated open framework
procedures. Gear or vessel marking
requirements, maintaining fish in a
specific condition, size limits,
56231
commercial trip limits, recreational bag
and possession limits, changes to the
length of an established closed season of
no more than 1 day, and gear
modifications to address conservation
issues including responding to
interactions with species listed under
the Endangered Species Act or protected
under the Marine Mammal Protection
Act.
Subpart U—FMP for the EEZ around
St. Thomas and St. John
§ 622.505
Management area.
The management area is the EEZ
around St. Thomas and St. John
bounded by rhumb lines connecting the
following points and geographic
instructions in order:
TABLE 1 TO § 622.505
Point
North lat.
A (intersects with the international and EEZ boundary) ..............................................................................
From Point A proceed along the international and EEZ boundary southeasterly to Point G .....................
G ...................................................................................................................................................................
D ...................................................................................................................................................................
C ...................................................................................................................................................................
From Point C proceed along the 3-nautical mile territorial boundary around St. Thomas and St. John
northerly to Point B.
B ...................................................................................................................................................................
A (intersects with the international and EEZ boundary) ..............................................................................
§ 622.506
Definitions.
In addition to the definitions and
acronyms in § 622.2, the terms and
acronyms used in this subpart have the
following meanings:
Coral means any or all species, or a
part thereof, of coral occurring in the
EEZ around St. Thomas and St. John,
including any or all species, or a part
thereof, of soft corals and gorgonians in
Order Alcyonacea; sea pens and sea
pensies in Order Pennatulacea; black
corals in Order Antipatharia; and stony
corals in Order Scleractinia; and, within
Order Anthoatheacata, fire corals in
West long.
19°37′29″
65°20′57″
18°03′03″
18°01′16.9636″
18°13′59.0606″
64°38′03″
64°57′38.817″
65°05′33.058″
18°25′46.3015″
19°37′29″
65°06′31.866″
65°20′57″
Family Milleporidae and lace corals in
Family Stylasteridae.
Coral reef resource means any or all
species, or a part thereof, of coral, sea
cucumber, and sea urchin.
Pelagic fish means any or all species,
or a part thereof, as follows:
TABLE 1 TO § 622.506
Class or family
Scientific name
Dolphinfishes—Coryphaenidae ..........................
Mackerels and tunas—Scombridae ...................
Coryphaena hippurus .......................................
Acanthocybium solandri ...................................
Queen conch means the species
Lobatus gigas, or a part thereof.
English common name
Dolphinfish.
Wahoo.
Reef fish means any or all species, or
a part thereof, as follows:
jspears on DSK121TN23PROD with RULES2
TABLE 2 TO § 622.506
Class or family
Scientific name
Angelfishes—Pomacanthidae ............................
Pomacanthus paru ...........................................
Pomacanthus arcuatus ....................................
Holacanthus ciliaris ..........................................
Mycteroperca bonaci ........................................
Cephalopholis fulva ..........................................
Epinephelus itajara ...........................................
Hyporthodus mystacinus ..................................
Epinephelus striatus .........................................
Epinephelus morio ...........................................
Epinephelus guttatus ........................................
Mycteroperca tigris ...........................................
Groupers—Serranidae .......................................
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English common name
French angelfish.
Gray angelfish.
Queen angelfish.
Black grouper.
Coney.
Goliath grouper.
Misty grouper.
Nassau grouper.
Red grouper.
Red hind.
Tiger grouper.
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TABLE 2 TO § 622.506—Continued
Class or family
Scientific name
Grunts—Haemulidae ..........................................
Jacks—Carangidae ............................................
Parrotfishes—Scaridae ......................................
Porgies—Sparidae .............................................
Snappers—Lutjanidae ........................................
Surgeonfishes—Acanthuridae ...........................
Triggerfishes—Balistidae ...................................
Wrasses—Labridae ............................................
Sea cucumber means any or all
species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ
of St. Thomas and St. John.
Sea urchin means any or all species
of sea urchin, or a part thereof, in Class
Echinoidea and occurring in the EEZ of
St. Thomas and St. John.
Spiny lobster trap means a trap and its
component parts, including the lines
and buoys, used for or capable of taking
spiny lobster and meeting the spiny
lobster trap construction specifications
of this subpart.
§ 622.507
[Reserved]
§ 622.508
Vessel identification.
See § 622.6 for vessel identification
requirements applicable to this subpart.
jspears on DSK121TN23PROD with RULES2
§ 622.509
Gear identification.
(a) Reef fish—(1) Fish traps and
associated buoys. All fish traps used or
possessed in the EEZ around St. Thomas
and St. John must display the official
number specified for the vessel by
Puerto Rico or the U.S. Virgin Islands.
A fish trap that is fished individually,
rather than tied together in a trap line,
must have at least one buoy attached
that floats on the surface. Fish traps that
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English common name
Hyporthodus flavolimbatus ...............................
Mycteroperca venenosa ...................................
Mycteroperca interstitialis .................................
Haemulon sciurus ............................................
Haemulon album ..............................................
Haemulon plumierii ..........................................
Caranx crysos ..................................................
Scarus coeruleus .............................................
Scarus coelestinus ...........................................
Scarus taeniopterus .........................................
Scarus vetula ...................................................
Scarus guacamaia ...........................................
Sparisoma aurofrenatum ..................................
Sparisoma rubripinne .......................................
Sparisoma chrysopterum .................................
Sparisoma viride ..............................................
Scarus iseri ......................................................
Calamus bajonado ...........................................
Calamus calamus .............................................
Archosargus rhomboidalis ................................
Calamus penna ................................................
Apsilus dentatus ...............................................
Lutjanus buccanella .........................................
Lutjanus synagris .............................................
Lutjanus analis .................................................
Etelis oculatus ..................................................
Lutjanus vivanus ..............................................
Rhomboplites aurorubens ................................
Ocyurus chrysurus ...........................................
Acanthurus coeruleus ......................................
Acanthurus chirurgus .......................................
Acanthurus tractus ...........................................
Balistes vetula ..................................................
Lachnolaimus maximus ....................................
are tied together in a trap line must have
at least one buoy that floats at the
surface attached at each end of the trap
line. All buoys must display the official
number and color code assigned to the
vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(2) Presumption of ownership of fish
traps. A fish trap in the EEZ around St.
Thomas and St. John will be presumed
to be the property of the most recently
documented owner. This presumption
will not apply with respect to such traps
that are lost or sold if the owner reports
the loss or sale within 15 days to the
RA.
(3) Disposition of unmarked fish traps
or buoys. An unmarked fish trap or buoy
deployed in the EEZ around St. Thomas
and St. John is illegal and may be
disposed of in any appropriate manner
by the Assistant Administrator or an
authorized officer.
(b) [Reserved]
(c) Spiny lobster—(1) Spiny lobster
traps and associated buoys. All spiny
lobster traps used or possessed in the
EEZ around St. Thomas and St. John
must display the official number
specified for the vessel by Puerto Rico
or the U.S. Virgin Islands. A spiny
lobster trap that is fished individually,
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Yellowedge grouper.
Yellowfin grouper.
Yellowmouth grouper.
Bluestriped grunt.
Margate.
White grunt.
Blue runner.
Blue parrotfish.
Midnight parrotfish.
Princess parrotfish.
Queen parrotfish.
Rainbow parrotfish.
Redband parrotfish.
Redfin parrotfish.
Redtail parrotfish.
Stoplight parrotfish.
Striped parrotfish.
Jolthead porgy.
Saucereye porgy.
Sea bream.
Sheepshead porgy.
Black snapper.
Blackfin snapper.
Lane snapper.
Mutton snapper.
Queen snapper.
Silk snapper.
Vermilion snapper.
Yellowtail snapper.
Blue tang.
Doctorfish.
Ocean surgeonfish.
Queen triggerfish.
Hogfish.
rather than tied together in a trap line,
must have at least one buoy attached
that floats on the surface. Spiny lobster
traps that are tied together in a trap line
must have at least one buoy that floats
at the surface attached at each end of the
trap line. All buoys must display the
official number and color code assigned
to the vessel by Puerto Rico or the U.S.
Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny
lobster traps. A spiny lobster trap in the
EEZ around St. Thomas and St. John
will be presumed to be the property of
the most recently documented owner.
This presumption will not apply with
respect to such traps that are lost or sold
if the owner reports the loss or sale
within 15 days to the RA.
(3) Disposition of unmarked spiny
lobster traps or buoys. An unmarked
spiny lobster trap or buoy deployed in
the EEZ around St. Thomas and St. John
is illegal and may be disposed of in any
appropriate manner by the Assistant
Administrator or an authorized officer.
§ 622.510 Trap construction specifications
and tending restrictions.
(a) Reef fish—(1) Construction
specifications—(i) Minimum mesh size.
A bare-wire fish trap used or possessed
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in the EEZ around St. Thomas and St.
John that has hexagonal mesh openings
must have a minimum mesh size of 1.5
inches (3.8 cm) in the smallest
dimension measured between centers of
opposite strands. A bare-wire fish trap
used or possessed in the EEZ around St.
Thomas and St. John that has other than
hexagonal mesh openings or a fish trap
of other than bare wire, such as coated
wire or plastic, used or possessed in the
EEZ around St. Thomas and St. John,
must have a minimum mesh size of 2
inches (5.1 cm) in the smallest
dimension measured between centers of
opposite strands.
(ii) Escape mechanisms. A fish trap
used or possessed in the EEZ around St.
Thomas and St. John must have a panel
located on one side of the trap,
excluding the top, bottom, and side
containing the trap entrance. The
opening covered by the panel must
measure not less than 8 by 8 inches
(20.3 by 20.3 cm). The mesh size of the
panel may not be smaller than the mesh
size of the trap. The panel must be
attached to the trap with untreated jute
twine with a diameter not exceeding 1⁄8inch (3.2 mm). An access door may
serve as the panel, provided it is on an
appropriate side, it is hinged only at its
bottom, its only other fastening is
untreated jute twine with a diameter not
exceeding 1⁄8-inch (3.2 mm), and such
fastening is at the top of the door so that
the door will fall open when such twine
degrades. Jute twine used to secure a
panel may not be wrapped or
overlapped.
(2) Tending restrictions. A fish trap in
the EEZ around St. Thomas and St. John
may be pulled or tended only by a
person (other than an authorized officer)
aboard the fish trap owner’s vessel, or
aboard another vessel if such vessel has
on board written consent of the trap
owner, or if the trap owner is aboard
and has documentation verifying his
identification number and color code.
An owner’s written consent must
specify the time period such consent is
effective and the trap owner’s gear
identification number and color code.
(b) [Reserved]
(c) Spiny lobster—(1) Construction
specifications—(i) Escape mechanisms.
A spiny lobster trap used or possessed
in the EEZ around St. Thomas and St.
John must contain on any vertical side
or on the top a panel no smaller in
diameter than the throat or entrance of
the trap. The panel must be made of or
attached to the trap by one of the
following degradable materials:
(A) Untreated fiber of biological origin
with a diameter not exceeding 1⁄8-inch
(3.2 mm). This includes, but is not
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limited to tyre palm, hemp, jute, cotton,
wool, or silk.
(B) Ungalvanized or uncoated iron
wire with a diameter not exceeding 1⁄16inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny
lobster trap in the EEZ around St.
Thomas and St. John may be pulled or
tended only by a person (other than an
authorized officer) aboard the trap
owner’s vessel, or aboard another vessel
if such vessel has on board written
consent of the trap owner, or if the trap
owner is aboard and has documentation
verifying his identification number and
color code. An owner’s written consent
must specify the time period such
consent is effective and the trap owner’s
gear identification number and color
code.
§ 622.511
Anchoring restrictions.
The owner or operator of any fishing
vessel, recreational or commercial, that
fishes for or possesses reef fish in or
from the EEZ around St. Thomas and St.
John must ensure that the vessel uses
only an anchor retrieval system that
recovers the anchor by its crown,
thereby preventing the anchor from
dragging along the bottom during
recovery. For a grapnel hook, this could
include an incorporated anchor rode
reversal bar that runs parallel along the
shank, which allows the rode to reverse
and slip back toward the crown. For a
fluke- or plow-type anchor, a trip line
consisting of a line from the crown of
the anchor to a surface buoy is required.
§ 622.512
Prohibited gear and methods.
Also see § 622.9 for additional
prohibited gear and methods that apply
more broadly to multiple fisheries or in
some cases all fisheries.
(a) Reef fish—(1) Poisons. A poison,
drug, or other chemical may not be used
to fish for reef fish in the EEZ around
St. Thomas and St. John.
(2) Powerheads. A powerhead may
not be used in the EEZ around St.
Thomas and St. John to harvest reef fish.
The possession of a mutilated reef fish
in or from the EEZ around St. Thomas
and St. John and a powerhead
constitutes a rebuttable presumption of
a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A
gillnet or trammel net may not be used
in the EEZ around St. Thomas and St.
John to fish for reef fish. The possession
of a reef fish in or from the EEZ around
St. Thomas and St. John and a gillnet or
trammel net constitutes a rebuttable
presumption of a violation of this
paragraph (a)(3). A gillnet or trammel
net used in the EEZ around St. Thomas
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56233
and St. John to fish for any other species
must be tended at all times.
(b) [Reserved]
(c) Spiny lobster—(1) Spears and
hooks. A spear, hook, or similar device
may not be used in the EEZ around St.
Thomas and St. John to harvest a spiny
lobster. The possession of a speared,
pierced, or punctured spiny lobster in or
from the EEZ around St. Thomas and St.
John constitutes a rebuttable
presumption of a violation of this
paragraph (c)(1).
(2) Gillnets and trammel nets. A
gillnet or trammel net may not be used
in the EEZ around St. Thomas and St.
John to fish for spiny lobster. The
possession of a spiny lobster in or from
the EEZ around St. Thomas and St. John
and a gillnet or trammel net constitutes
a rebuttable presumption of a violation
of this paragraph (c)(2). A gillnet or
trammel net used in the EEZ around St.
Thomas and St. John to fish for any
other species must be tended at all
times.
§ 622.513
Prohibited species.
The harvest and possession
restrictions of this section apply without
regard to whether the species is
harvested by a vessel operating under a
commercial vessel permit. The operator
of a vessel that fishes in the EEZ around
St. Thomas and St. John is responsible
for the limit applicable to that vessel.
Any of the following species caught in
the EEZ around St. Thomas and St. John
must be released immediately with a
minimum of harm.
(a) Reef fish. No person may fish for
or possess the following reef fish species
in or from the EEZ around St. Thomas
and St. John.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight
parrotfish, or rainbow parrotfish.
(b)–(c) [Reserved]
(d) Coral, sea cucumber, and sea
urchin. A coral, sea cucumber, or sea
urchin may not be fished for or
possessed in or from the EEZ around St.
Thomas and St. John. The taking of
coral in the EEZ around St. Thomas and
St. John is not considered unlawful
possession provided it is returned
immediately to the sea in the general
area of fishing.
(e) Queen conch. No person may fish
for or possess queen conch in or from
the EEZ around St. Thomas and St.
John.
§ 622.514
Area and seasonal closures.
(a) Closures applicable to specific
areas—(1) Grammanik Bank. The
Grammanik Bank is bounded by rhumb
lines connecting, in order, the points
listed in Table 1 to this paragraph (a)(1).
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(i) From February 1 through April 30,
each year, no person may fish for or
possess any species of fish, except
highly migratory species, in or from the
Grammanik Bank. The prohibition on
possession does not apply to such fish
harvested and landed ashore prior to the
closure. For the purpose of this
paragraph (a)(1)(i), fish means finfish,
mollusks, crustaceans, and all other
forms of marine animal and plant life
other than marine mammals and birds.
Highly migratory species means bluefin,
bigeye, yellowfin, albacore, and skipjack
tunas; swordfish; sharks (listed in
appendix A to part 635 of this title); and
white marlin, blue marlin, sailfish, and
longbill spearfish.
(ii) Fishing with pots, traps, bottom
longlines, gillnets or trammel nets is
prohibited year-round in the
Grammanik Bank.
TABLE 1 TO § 622.514(a)(1)—GRAMMANIK BANK
Point
A
B
C
D
A
North lat.
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(2) Hind Bank Marine Conservation
District (MCD). The Hind Bank MCD is
bounded by rhumb lines connecting, in
order, the points listed in Table 2 to this
paragraph (a)(2). Fishing for any species
and anchoring by fishing vessels is
18°11.898′
18°11.645′
18°11.058′
18°11.311′
18°11.898′
West long.
64°56.328′
64°56.225′
64°57.810′
64°57.913′
64°56.328′
prohibited year-round in those parts of
the Hind Bank MCD that are in the EEZ
around St. Thomas and St. John.
TABLE 2 TO § 622.514(a)(2)—HIND BANK MCD
Point
A
B
C
D
A
North lat.
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
(b) Seasonal closures applicable to
specific species—(1) Black, red, tiger,
yellowedge, and yellowfin grouper
closure. From February 1 through April
30, each year, no person may fish for or
possess black, red, tiger, yellowedge, or
yellowfin grouper in or from the EEZ
around St. Thomas and St. John. The
prohibition on possession does not
apply to such grouper harvested and
landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion
snapper closure. From October 1
through December 31, each year, no
person may fish for or possess black,
blackfin, silk, or vermilion snapper in or
from the EEZ around St. Thomas and St.
John. The prohibition on possession
does not apply to such snapper
harvested and landed ashore prior to the
closure.
(3) Lane and mutton snapper closure.
From April 1 through June 30, each
18°13.2′
18°13.2′
18°11.8′
18°10.7′
18°13.2′
West long.
65°06.0′
64°59.0′
64°59.0′
65°06.0′
65°06.0′
year, no person may fish for or possess
lane or mutton snapper in or from the
EEZ around St. Thomas and St. John.
The prohibition on possession does not
apply to such snapper harvested and
landed ashore prior to the closure.
§ 622.515 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) Reef fish. (1) The following ACLs
are as follows and given in round
weight.
TABLE 1 TO § 622.515(a)(1)
Family
Stock or stock complex and species composition
Angelfishes .................
Groupers ....................
Angelfish—French angelfish, gray angelfish,1 queen angelfish ..............................................
Grouper 3—coney, red hind 1 ..................................................................................................
Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper ..............................
Grouper 5—misty grouper, yellowedge grouper, yellowmouth grouper ..................................
Grunts 1—bluestriped grunt, white grunt 1 ..............................................................................
Grunts 2—margate ..................................................................................................................
Jacks—blue runner ..................................................................................................................
Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redfin parrotfish,
redtail parrotfish1, stoplight parrotfish,1 striped parrotfish.
Porgies—jolthead porgy, saucereye porgy,1 sea bream, sheepshead porgy .........................
Snapper 1—black snapper, blackfin snapper,1 silk snapper, vermilion snapper ....................
Snapper 2—queen snapper .....................................................................................................
Snapper 3—lane snapper, mutton snapper 1 ..........................................................................
Snapper 4—yellowtail snapper ................................................................................................
Surgeonfish—blue tang, doctorfish,1 ocean surgeonfish ........................................................
Triggerfish—queen triggerfish ..................................................................................................
Wrasses—hogfish ....................................................................................................................
Grunts ........................
Jacks ..........................
Parrotfishes ................
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Porgies .......................
Snappers ....................
Surgeonfishes ............
Triggerfishes ..............
Wrasses .....................
1 Indicator
ACL
stock.
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18,297 lb (8,299.3 kg).
65,030 lb (29,497.1 kg).
2,254 lb (1,022.3 kg).
390 lb (176.9 kg).
30,581 lb (13,871.3 kg).
2,319 lb (1,051.8 kg).
44,665 lb (20,259.7 kg).
60,026 lb (27,227.3 kg).
29,039 lb (13,171.8 kg).
20,090 lb (9,112.6 kg).
568 lb (257.6 kg).
30,784 lb (13,963.3 kg).
88,952 lb (40,347.9 kg).
22,630 lb (10,264.7 kg).
97,670 lb (44,302.3 kg).
2,951 lb (1,338.5 kg).
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(2) At or near the beginning of the
fishing year, landings for each stock,
stock complex, or indicator stock will be
evaluated relative to the ACL based on
a moving multi-year average of landings,
as described in the FMP. If NMFS
estimates that landings for a stock, stock
complex, or indicator stock have
exceeded the ACL specified in
paragraph (a)(1) of this section for the
stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA)
will file a notification with the Office of
the Federal Register to reduce the length
of the fishing season for the stock or
stock complex within that fishing year
by the amount necessary to prevent
landings from exceeding the ACL for the
stock or stock complex, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines that the ACL for a
particular stock or stock complex was
exceeded because data collection or
monitoring improved rather than
because landings increased, NMFS will
not reduce the length of the fishing
season for the stock or stock complex.
Any fishing season reduction required
under this paragraph (a)(2) will be
applied starting from September 30 and
moving earlier toward the beginning of
the fishing year. If the length of the
required fishing season reduction
exceeds the time period of January 1
through September 30, any additional
fishing season reduction will be applied
starting from October 1 and moving later
toward the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs
are given in round weight.
(1) Dolphinfish. (i) ACL—9,778 lb
(4,435.2 kg).
(ii) ACT—8,800 lb (3,991.6 kg).
(2) Wahoo. (i) ACL—6,879 lb (3,120.2
kg).
(ii) ACT—6,191 lb (2,808.1 kg).
(3) Pelagic fish AM application. At or
near the beginning the fishing year,
landings for the stock or stock complex
will be evaluated relative to the ACT for
the stock or stock complex based on a
moving multi-year average of landings,
as described in the FMP. If NMFS
estimates that landings have exceeded
the ACT specified in paragraph (b) of
this section, NMFS in consultation with
the Caribbean Fishery Management
Council will determine appropriate
corrective action.
(c) Spiny lobster. (1) ACL—209,210 lb
(94,896 kg), round weight.
(2) At or near the beginning the
fishing year, landings will be evaluated
relative to the ACL based on a moving
multi-year average of landings, as
described in the FMP. If NMFS
estimates that landings have exceeded
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the ACL specified in paragraph (c)(1) of
this section, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the fishing season for spiny lobster
within that fishing year by the amount
necessary to prevent landings from
exceeding the ACL, unless NMFS
determines that a fishing season
reduction is not necessary based on the
best scientific information available. If
NMFS determines the ACL was
exceeded because data collection or
monitoring improved rather than
because landings increased, NMFS will
not reduce the length of the fishing
season. Any fishing season reduction
required under this paragraph (c)(2) will
be applied starting from September 30
and moving earlier toward the
beginning of the fishing year. If the
length of the required fishing season
reduction exceeds the time period of
January 1 through September 30, any
additional fishing season reduction will
be applied starting from October 1 and
moving later toward the end of the
fishing year.
(d)–(e) [Reserved]
(f) Closure provisions for reef fish and
spiny lobster. The following restrictions
apply during a fishing season closure for
reef fish or spiny lobster in the EEZ
around St. Thomas and St. John. During
the closure period announced in the
notification filed pursuant to paragraph
(a)(2) or (c)(2) of this section, such stock
or stock complex in or from the EEZ
around St. Thomas and St. John may not
be harvested, possessed, purchased, or
sold, and the bag and possession limits
for such stock or stock complex are zero.
§ 622.516
Size limits.
All size limits in this section are
minimum size limits unless specified
otherwise. A fish not in compliance
with its size limit in or from the EEZ
around St. Thomas and St. John may not
be possessed, sold, or purchased, and
must be released immediately with a
minimum of harm. The operator of a
vessel that fishes in the EEZ around St.
Thomas and St. John is responsible for
ensuring that all species on board are in
compliance with the size limits
specified in this section. See § 622.10
regarding requirements for landing fish
intact. See § 622.520(c)(2) regarding
requirements for landing spiny lobster
intact.
(a) Reef fish. (1) Yellowtail snapper—
12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm),
carapace length.
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§ 622.517
56235
[Reserved]
§ 622.518 Restrictions on sale or
purchase.
(a) Reef fish. A live red hind or live
mutton snapper in or from the EEZ
around St. Thomas and St. John may not
be sold or purchased and used in the
marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or
purchase a coral harvested in the EEZ
around St. Thomas and St. John.
(2) A coral that is sold in St. Thomas
or St. John will be presumed to have
been harvested in the EEZ around St.
Thomas and St. John, unless it is
accompanied by documentation
showing that it was harvested
elsewhere. Such documentation must
contain:
(i) The information specified in
subpart K of part 300 of this title for
marking containers or packages of fish
or wildlife that are imported, exported,
or transported in interstate commerce.
(ii) The name and home port of the
vessel, or the name and address of the
individual harvesting the coral.
(iii) The port and date of landing the
coral.
(iv) A statement signed by the person
selling the coral attesting that, to the
best of his or her knowledge,
information, and belief, such coral was
harvested from other than in the EEZ
around St. Thomas and St. John, or the
waters of Puerto Rico or the U.S. Virgin
Islands.
§ 622.519
Bag and possession limits.
Section 622.11(a) provides the general
applicability for bag and possession
limits. However, § 622.11(a)
notwithstanding, the bag limits of this
section do not apply to a person who
has a valid commercial fishing license
issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers,
parrotfishes, and snappers combined—5
per person per day or, if 3 or more
persons are aboard, 15 per vessel per
day; but not to exceed 2 parrotfish per
person per day or 6 parrotfish per vessel
per day.
(2) Angelfishes, grunts, jacks, porgies,
surgeonfishes, triggerfishes, and wrasses
combined—5 per person per day or, if
3 or more persons are aboard, 15 per
vessel per day, but not to exceed 1
surgeonfish per person per day or 4
surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per
day, not to exceed 10 per vessel per day,
whichever is less.
§ 622.520
Other harvest restrictions.
(a)–(b) [Reserved]
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(c) Spiny lobster—(1) Prohibition on
harvest of egg-bearing spiny lobster.
Egg-bearing spiny lobster in the EEZ
around St. Thomas and St. John must be
returned to the water unharmed. An
egg-bearing spiny lobster may be
retained in a spiny lobster trap,
provided the trap is returned
immediately to the water. An eggbearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in
any other manner molested, in order to
remove the eggs.
(2) Landing spiny lobster intact. (i) A
spiny lobster in or from the EEZ around
St. Thomas and St. John must be
maintained with head and carapace
intact through offloading ashore.
(ii) The operator of a vessel that fishes
in the EEZ around St. John and St.
Thomas is responsible for ensuring that
spiny lobster on that vessel are
maintained intact through offloading
ashore, as specified in this section.
jspears on DSK121TN23PROD with RULES2
§ 622.521 Spiny lobster import
prohibitions.
(a) Minimum size limits for imported
spiny lobster. Multiple minimum size
limits apply to importation of spiny
lobster into the United States—one that
applies any place subject to the
jurisdiction of the United States other
than Puerto Rico or the U.S. Virgin
Islands, and more restrictive minimum
size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John,
respectively.
(1) No person may import a spiny
lobster with less than a 6-ounce (170gram) tail weight into St. Thomas or St.
John. For the purposes of paragraph (a)
of this section, a 6-ounce (170-gram) tail
weight is defined as a tail that weighs
5.9–6.4 ounces (167–181 grams). If the
documentation accompanying an
imported spiny lobster, including but
not limited to product packaging,
customs entry forms, bills of lading,
brokerage forms, or commercial
invoices, indicates that the product does
not satisfy the minimum tail-weight, the
person importing such spiny lobster has
the burden to prove that such spiny
lobster does satisfy the minimum tailweight requirement or that such spiny
lobster has a tail length of 6.2 inches
(15.75 cm) or greater or that such spiny
lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the
imported product itself does not satisfy
the minimum tail-weight requirement,
the person importing such spiny lobster
has the burden to prove that such spiny
lobster has a tail length of 6.2 inches
(15.75 cm) or greater or that such spiny
lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the
burden is satisfied, such spiny lobster
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19:14 Sep 12, 2022
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will be considered to be in compliance
with the minimum 6-ounce (170-gram)
tail-weight requirement.
(2) See § 622.409 regarding the
minimum size limit that applies to
spiny lobster imported into any place
subject to the jurisdiction of the United
States other than Puerto Rico or the U.S.
Virgin Islands.
(3) See subparts S and T of this part
for the minimum size limits that apply
to spiny lobster imported into Puerto
Rico and St. Croix, respectively.
(b) Additional spiny lobster import
prohibitions—(1) Prohibition related to
tail meat. No person may import into
any place subject to the jurisdiction of
the United States spiny lobster tail meat
that is not in whole tail form with the
exoskeleton attached.
(2) Prohibitions related to egg-bearing
spiny lobster. No person may import
into any place subject to the jurisdiction
of the United States spiny lobster with
eggs attached or spiny lobster from
which eggs or pleopods (swimmerets)
have been removed or stripped.
Pleopods are the first five pairs of
abdominal appendages.
§ 622.522 Adjustment of management
measures.
In accordance with the framework
procedure of the Fishery Management
Plan for the EEZ around St. Thomas and
St. John, the RA may establish or modify
the following items.
(a) Standard open framework
procedures. Re-specify maximum
sustainable yield (MSY), optimum yield
(OY), overfishing limit (OFL), maximum
fishing mortality threshold (MFMT),
minimum stock size threshold (MSST),
acceptable biological catch (ABC), ACL,
ACT, sustainable yield level, and other
related management reference points
and status determination criteria;
establish or revise rebuilding plans;
revise AMs; modify reporting or
monitoring requirements, and time or
area closures and closure procedures.
(b) Abbreviated open framework
procedures. Gear or vessel marking
requirements, maintaining fish in a
specific condition, size limits,
commercial trip limits, recreational bag
and possession limits, changes to the
length of an established closed season of
no more than 1 day, and gear
modifications to address conservation
issues including responding to
interactions with species listed under
the Endangered Species Act or protected
under the Marine Mammal Protection
Act.
Subpart V [Removed]
18. Remove subpart V, consisting of
§§ 622.490 through 622.497.
■
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19. Revise appendix A to read as
follows:
■
Appendix A to Part 622—Species
Tables
TABLE 1 TO APPENDIX A TO PART
622—GULF OF MEXICO REEF FISH
Balistidae—Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae—Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Labridae—Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae—Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae—Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae—Groupers
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
TABLE 2 TO APPENDIX A TO PART
622—SOUTH ATLANTIC SNAPPERGROUPER
Balistidae—Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae—Jacks
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Ephippidae—Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae—Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor’s choice, Haemulon parra
White grunt, Haemulon plumierii
Labridae—Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae—Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae—Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
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TABLE 2 TO APPENDIX A TO PART
622—SOUTH ATLANTIC SNAPPERGROUPER—Continued
jspears on DSK121TN23PROD with RULES2
Percichthyidae—Temperate basses
Wreckfish, Polyprion americanus
Serranidae—Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae—Sea Basses:
Black sea bass, Centropristis striata
Sparidae—Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
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TABLE 2 TO APPENDIX A TO PART
622—SOUTH ATLANTIC SNAPPERGROUPER—Continued
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as ecosystem
component species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
TABLE 3 TO APPENDIX A TO PART
622—ATLANTIC DOLPHIN AND WAHOO
Dolphin, Coryphaena equiselis or Coryphaena
hippurus
Wahoo, Acanthocybium solandri
The following species are designated as ecosystem
component species:
Bullet mackerel, Auxis rochei
Frigate mackerel, Auxis thazard
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56237
§§ 622.55, 622.382, 622.400, 622.402,
622.403, 622.404, and 622.405 [Amended]
20. In addition to the previous
amendments to this part, remove all
references to ‘‘622.413’’ and add, in
their place, ‘‘622.19’’ in the following
sections:
■ a. 50 CFR 622.55(e) introductory text
and (e)(2);
■ b. 50 CFR 622.382(a)(1)(i)(B);
■ c. 50 CFR 622.400(a)(1)(i);
■ d. 50 CFR 622.402(a)(1), (2), and (3)
and (c)(1);
■ e. 50 CFR 622.403(b)(3)(i);
■ f. 50 CFR 622.404(e) and (f); and
■ g. 50 CFR 622.405(b)(2)(i).
■
[FR Doc. 2022–19409 Filed 9–12–22; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Rules and Regulations]
[Pages 56204-56237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19409]
[[Page 56203]]
Vol. 87
Tuesday,
No. 176
September 13, 2022
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Parts 600 and 622
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and
St. Thomas and St. John; Final Rule
Federal Register / Vol. 87 , No. 176 / Tuesday, September 13, 2022 /
Rules and Regulations
[[Page 56204]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 622
[Docket No. 220825-0173]
RIN 0648-BD32
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and
St. Thomas and St. John
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is issuing regulations to implement management measures
in three new fishery management plans (FMPs), as prepared and submitted
by the Caribbean Fishery Management Council (Council). This final rule
replaces regulations implementing the U.S. Caribbean region-wide FMPs
with regulations implementing the approved island-based FMPs. The
purpose of the island-based FMPs is to update management of Federal
fisheries in the U.S. Caribbean. NMFS expects these management measures
will better account for differences among the U.S. Caribbean islands
with respect to culture, markets, fishing gear used, seafood
preferences, and ecological impacts.
DATES: This final rule is effective October 13, 2022. The Director
approves the redesignation of the incorporation by reference from Sec.
622.413 to Sec. 622.19 as of October 13, 2022.
ADDRESSES: Electronic copies of the island-based FMPs may be obtained
from www.regulations.gov or the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/caribbean-island-based-fishery-management-plans. Each island-based FMP includes an environmental
assessment (EA), regulatory impact review, and fishery impact
statement. A Regulatory Flexibility Act (RFA) analysis for each island-
based FMP has also been prepared and is available at the Southeast
Regional Office website.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez-
Mercer, NMFS Southeast Regional Office, telephone: 727-824-5305, or
email: [email protected].
SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishery
resources in the U.S. Caribbean exclusive economic zone (EEZ) around
Puerto Rico, St. Croix, and St. Thomas and St. John through FMPs
prepared by the Council and NMFS, and through implementing regulations
promulgated by NMFS at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On June 26, 2020, NMFS published a notice of availability for the
island-based FMPs and requested public comment (85 FR 38350). On
September 22, 2020, the Secretary of Commerce approved the island-based
FMPs under section 304(a)(3) of the Magnuson-Stevens Act. On May 19,
2022, NMFS published a proposed rule for the island-based FMPs and
requested public comment (87 FR 30730). The proposed rule and the
island-based FMPs outline the rationale for the actions contained in
this final rule. A summary of the management measures described in the
island-based FMPs and implemented by this final rule is described
below.
Background
The Council and NMFS currently manage fisheries under four U.S.
Caribbean-wide FMPs for Puerto Rico and the U.S. Virgin Islands (USVI).
These are the FMPs for the Reef Fish Fishery of Puerto Rico and the
USVI (Reef Fish FMP), the FMP for the Spiny Lobster Fishery of Puerto
Rico and the USVI (Spiny Lobster FMP), the FMP for the Queen Conch
Resources of Puerto Rico and the USVI (Queen Conch FMP), and the FMP
for the Corals and Reef Associated Plants and Invertebrates of Puerto
Rico and the USVI (Coral FMP). Upon implementation, the island-based
FMPs will replace the U.S. Caribbean-wide FMPs.
Under these FMPs and implementing regulations, the Council and NMFS
conduct management in the U.S. Caribbean Exclusive Economic Zone (EEZ).
However, the Council established certain management measures that apply
separately within Federal waters off Puerto Rico, St. Croix, and St.
Thomas and St. John, based on the availability of island-specific data.
For example, Amendment 5 to the Reef Fish FMP and Amendment 2 to the
Queen Conch FMP (2010 Caribbean Annual Catch Limit Amendment; 76 FR
82404; December 30, 2011), defined the fishery management boundaries of
the U.S. Caribbean EEZ around Puerto Rico, St. Croix, and St. Thomas
and St. John. Those FMP amendments, and later amendments, established
separate, island-specific annual catch limits (ACLs) and accountability
measures (AMs) for almost all species under management.
In 2012, the Council initiated public discussion of an island-based
approach to the management of fisheries in the U.S. Caribbean EEZ to
address requests from fishermen, fishing community representatives, and
the governments of Puerto Rico and the USVI that the Council consider
the differences among the islands when addressing fisheries management
in the U.S. Caribbean. These entities highlighted the unique
characteristics of the fishery resources within each island or island
group, and the communities that are dependent on those resources. NMFS
and the Council expect that the island-based FMPs will better account
for differences among the U.S. Caribbean islands with respect to
culture, markets, fishing gear used, seafood preferences, and the
ecological impacts.
In response to these public requests, the Council decided to shift
from a U.S. Caribbean-wide management approach to an island-based
management approach, and began developing FMPs for Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively. An EA, completed in
2014, analyzed transitioning from U.S. Caribbean-wide to island-based
management and evaluated the impact of incorporating the management
measures in effect at that time under the U.S. Caribbean-wide FMPs into
FMPs for different island management areas. Based on the 2014 EA, the
Council proceeded with developing FMPs for three island areas. The
island-based FMPs are the Comprehensive FMP for the Puerto Rico EEZ
(Puerto Rico FMP), the Comprehensive FMP for the St. Croix EEZ (St.
Croix FMP), and the Comprehensive FMP for the St. Thomas and St. John
EEZ (St. Thomas and St. John FMP). Each of these FMPs is evaluated in
three additional, separate EAs, which were finalized in 2020.
Through this rulemaking, the management measures contained in the
Puerto Rico FMP, the St. Croix FMP, and the St. Thomas and St. John
FMP, in combination, will replace management measures in the U.S.
Caribbean-wide FMPs. The U.S. Caribbean EEZ, also referred to as
Federal waters, begins 9 nautical miles (nmi) from shore off Puerto
Rico and 3 nmi from shore off the USVI, and the U.S. Caribbean EEZ
extends up to 200 nmi from shore, except where the principle of
equidistance is applied for conformance to the maritime boundaries of
neighboring nations. Federal waters around Puerto Rico, St. Croix, and
St. Thomas and St. John are defined as the respective island management
areas under the island-based FMPs. Each of the island-based FMPs retain
most of
[[Page 56205]]
the management measures established under the U.S. Caribbean-wide FMPs
that apply to the respective island management area, including seasonal
and area closures, minimum size limits, and recreational bag limits.
The island-based FMPs also revise certain management measures, such as
the species included for Federal management, and ACLs and AMs. This
final rule establishes regulations specifically applicable to each
island management area under three separate subparts to 50 CFR part
622, and fisheries management will be adapted to the individual
characteristics of Puerto Rico, St. Croix, and St. Thomas and St. John.
Management Measures Contained in This Final Rule
The island-based FMPs incorporate fishery management measures
included in the U.S. Caribbean-wide Spiny Lobster, Reef Fish, Queen
Conch, and Coral FMPs that are applicable to the EEZ around each of the
island management areas. This final rule reorganizes the current
regulations into island-specific subparts. For example, each island-
based FMP retains the aggregate recreational bag limit established in
the Reef Fish FMP for groupers, snappers, and parrotfish, and the
regulations restate the bag limit in each of the island-specific
subparts, though in each island management area, some species may have
been added to or removed from management. Restrictions established
under the Reef Fish FMP that only applied to a particular management
area, such as the minimum size limits for parrotfish off St. Croix, are
included in the St. Croix subpart only. The island-based FMPs revise
the list of species managed and modify the stock or stock complexes
under which those species are managed; revise and specify ACLs;
establish annual catch targets (ACTs) for pelagic stocks; revise AMs;
and update the FMP framework procedures. These measures are being
implemented in regulations specific to each island management area.
Certain management reference points, such as stock and stock complex
status determination criteria (SDC), are not codified and therefore are
not included in this final rule. Those measures are contained in the
island-based FMPs.
The management measures under each island-based FMP that will be
implemented by this final rule are described in the following sections.
For each type of management action, information applicable to all three
island management areas is described first, followed by island area-
specific modifications, where applicable.
Island-Based Management
This final rule restructures the regulations at 50 CFR part 622
from four subparts corresponding to the U.S. Caribbean-wide FMPs (Reef
Fish, Spiny Lobster, Corals and Reef Associated Plants and
Invertebrates, and Queen Conch) to three subparts corresponding to
island-based FMPs (Puerto Rico, St. Croix, and St. Thomas and St. John)
and incorporates U.S. Caribbean-wide management measures, as
appropriate, into the appropriate island-specific subpart. In addition,
this final rule implements other management measures in the approved
island-based FMPs, as discussed further in this final rule.
Selection of Species To Be Managed
The Reef Fish, Spiny Lobster, Queen Conch, and Coral FMPs and the
regulations implementing those FMPs include 81 species of reef fish, 58
species of aquarium trade fish, spiny lobster, queen conch, 94 genera
or species of corals, and 63 genera or species of aquarium trade
invertebrates (see current Table 1 to appendix A of 50 CFR part 622).
The Council's Scientific and Statistical Committee (SSC) and the
District Advisory Panel from each island management area provided
recommendations on the criteria used for the Council to select the
species to be managed under each island-based FMP. This final rule
specifies the unique list of managed species in each island management
area under the respective island-based FMP.
Puerto Rico Species for Management
Spiny lobster, queen conch, 63 species of fish, and all species of
corals, sea urchins, and sea cucumbers that occur within the Puerto
Rico management area are included for management in the Puerto Rico FMP
and in this final rule. Of the 63 species of fish included for
management in the EEZ around Puerto Rico, 18 species are new to
management.
St. Croix Species for Management
Spiny lobster, queen conch, 43 species of fish, and all species of
corals, sea urchins, and sea cucumbers that occur within the St. Croix
management area are included for management in the St. Croix FMP and in
this final rule. Of the 43 species of fish included for management in
the EEZ around St. Croix, 2 species are new to management.
St. Thomas and St. John Species for Management
Spiny lobster, queen conch, 47 species of fish, and all species of
corals, sea urchins, and sea cucumbers that occur within the St. Thomas
and St. John management area are included for management in the St.
Thomas and St. John FMP and in this final rule. Of the 47 species of
fish included for management in the EEZ around St. Thomas and St. John,
3 species are new to management.
Stock Complex Organization and Selection of Indicator Stocks
After establishing the species to be managed under each island-
based FMP, the Council determined whether to manage those species as
individual stocks or in stock complexes. For those managed in stock
complexes, the Council determined if one or more indicator stocks
should be assigned to the species groups. An indicator stock is a stock
with measurable and objective SDC that can be used to help manage and
evaluate more poorly known stocks that are in a stock complex (50 CFR
600.310(d)(2)(ii)(A)). In the island-based FMPs, this action resulted
in a different organization of stocks than under the U.S. Caribbean-
wide FMPs. Thus, under the island-based FMPs and this final rule, a new
number of stocks and stock complexes will be managed relative to the
U.S. Caribbean-wide FMPs.
Puerto Rico Stock Organization
The Puerto Rico FMP and this final rule apply to species as 18
individual stocks and 19 stock complexes and include 7 indicator
stocks.
St. Croix Stock Organization
The St. Croix FMP and this final rule apply to species as 13
individual stocks and 13 stock complexes and includes 6 indicator
stocks.
St. Thomas and St. John Stock Organization
The St. Thomas and St. John FMP and this final rule apply to
species as 12 individual stocks and 14 stock complexes and includes 9
indicator stocks.
Status Determination Criteria and Other Management Reference Points
The Magnuson-Stevens Act requires that FMPs specify a number of
reference points for managed fish stocks, including maximum sustainable
yield (MSY) or MSY proxy, as well as stock SDC, including overfished
and overfishing thresholds, and acceptable biological catch (ABC).
[[Page 56206]]
The ABC control rule contained in each island-based FMP replaces
the ABC control rules included in the 2010 Caribbean ACL Amendment and
2011 Caribbean ACL Amendment, as applicable. The island-based FMPs
establish SDC and other management reference points for all stocks and
stock complexes to be included for island-based management, which were
defined following a 3-step process.
Step 1 adopts and applies a 4-tiered ABC control rule to specify
MSY, SDC, and ABC depending on differing levels of data availability.
Step 2 establishes a proxy to use when the fishing mortality that would
produce MSY (FMSY) cannot be determined. Step 3 applies a
reduction factor, reflecting the Council's estimate of management
uncertainty, to the ABC for each stock or stock complex to specify the
ACL for the stock or stock complex. The optimum yield (OY) would be set
equal to the ACL for each stock or stock complex.
Under the ABC control rule in each island-based FMP, Tier 1 applies
to stocks with the most data available, while 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. The tiered approached to the ABC
control rule positions the Council to take advantage of future
improvements in data and analytical methodologies. The higher tiers of
the ABC control rule (i.e., 1, 2, or 3) require inputs from a
quantitative stock assessment, which in turn require additional data
than were available at the time the island-based FMPs were under
development. Establishing those tiers now, in anticipation of
improvements in data, allows the Council to act more quickly when those
data become available than if the Council adopts an ABC control rule
that encompasses the Tier 4 process alone.
In Tier 4, the most data-limited of the options, an MSY proxy and
maximum fishing mortality threshold (MFMT), are defined with respect to
assumptions made in Step 2 about fishing mortality rate, but cannot be
quantified due to data limitations. In addition, Tier 4 introduces a
new reference point, the sustainable yield level (SYL), which is
determined under one of two sub-tiers, Tier 4a and Tier 4b, based on
the SSC's understanding of the stock's vulnerability to fishing
pressure. Tier 4a is less conservative and is applicable when the stock
has a relatively low or moderate vulnerability to fishing pressure.
Tier 4b is more conservative and is applicable when the stock has
relatively high vulnerability to fishing pressure. The SYL is a
quantitative estimate of the level of landings that can be sustained
over the long term. SYL is intended to be used when quantitative
information with which to set MSY or an MSY proxy based on fishing
mortality rate is not available. The SYL serves as a proxy for the
overfishing limit (OFL) and a minimum estimate of MSY where MSY is
greater than or equal to SYL. Thus, SYL also is an MSY proxy. The ABC
is reduced from the SYL depending on the SSC's determination of
scientific uncertainty.
When the island-based FMPs were under development, all stocks and
stock complexes fell under Tier 4 of the ABC control rule (Step 1).
Under the definitions in Tier 4, the MSY proxy is equal to the long-
term yield FMSY proxy, the MFMT is equal to FMSY
proxy, and the minimum stock size threshold (MSST) is equal to 75
percent of the spawning stock biomass at MFMT. Under Step 2, for all
stocks and stock complexes across all island-areas, the Council
established a FMSY proxy equal to 30 percent of the maximum
spawning potential of a stock under conditions of no fishing mortality
(F30 percent SPR).
Applying Tier 4 of the ABC control rule (Step 1), the SSC derived
SYLs from a period of stable and sustainable landings, and recommended
ABCs based on those SYLs, with certain exceptions discussed in the
island-specific sections later in this preamble. Revising or
establishing the SDC and other reference points under Tier 4 ensures,
based on the best scientific information available, that the SDC and
reference points prevent overfishing and achieve OY.
Finally, under Step 3, the Council applied a management uncertainty
buffer to the ABCs to specify the ACLs, where the ACL for the stock or
stock complex equals OY, as discussed in the island-specific ACL
sections later in this preamble.
NMFS notes that except for ACLs, SDC and other management reference
points are not codified in this final rule, but are described in each
island-based FMP.
Puerto Rico Stock Evaluation
For the Puerto Rico FMP, landings data for Council-managed reef
fish, pelagic fish, and rays were available for the commercial and
recreational fishing sectors operating in state and Federal waters
around Puerto Rico. The Council's SSC relied on landings data to
determine an SYL, as a proxy for MSY and OFL, and ABC for most fish
stocks and stock complexes, with ACLs set by sector. For spiny lobster,
only commercial landings data are collected. Because recreational
landings data are not available, the SYL, ABC, and ACL for spiny
lobster are based on commercial landings. The SSC determined that some
species included for management under the Puerto Rico FMP were more
vulnerable to overfishing and recommended that the ABC be set at zero.
Stocks with an ABC of zero pounds include queen conch, Nassau grouper
(Grouper 1), goliath grouper (Grouper 2), giant manta ray (Rays 1),
spotted eagle ray (Rays 2), and southern stingray (Rays 3). Stock
complexes with an ABC of zero pounds include Parrotfish 1 (blue
parrotfish, midnight parrotfish, and rainbow parrotfish), Sea
Cucumbers, Sea Urchins, and Corals. The description of the process for
determining the ACLs is discussed below.
St. Croix Stock Evaluation
For the St. Croix FMP, recreational landings data were not
available, thus SYL, as proxy for both MSY and OFL, ABC, and ACL for
most stocks and stock complexes to be included for management were
derived using commercial landings. The SSC determined that some species
included for management under the St. Croix FMP were more vulnerable to
overfishing and recommended that the ABC be set at zero. Stocks with an
ABC of zero pounds include Nassau grouper (Grouper 1) and goliath
grouper (Grouper 2). Stock complexes with an ABC of zero pounds include
Parrotfish 1 (blue parrotfish, midnight parrotfish, and rainbow
parrotfish), Sea Cucumbers, Sea Urchins, and Corals. The SSC deviated
from the ABC control rule and recommended an ad hoc SYL for queen conch
at 107,720 lb (kg 48,861 kg) and recommended an ad hoc ABC of 50,000 lb
(22,680 kg) in the portion of the EEZ around St. Croix from which
harvest is allowed. Given difficulties interpreting queen conch catch
data, the SSC recommended retaining the OFL (now SYL) and ABC specified
under the Queen Conch FMP. The SSC confirmed these measures are still
protective of queen conch stock status. The SSC noted that the seasonal
closure for queen conch in state waters is 5 months each year, and that
an area in Federal waters is closed to harvest year-round. At Council
meetings, including the August 2018 meeting, the Council and SSC agreed
that these measures and others, including the availability of in-season
conch landings data, sufficiently address the management certainty
associated with the recommended ABC. The description of the process for
determining the ACLs is discussed later in the preamble to this final
rule.
[[Page 56207]]
St. Thomas and St. John Stock Evaluation
For the St. Thomas and St. John FMP, recreational landings data
were not available, thus SDC and other management reference points
(e.g., SYL, as a proxy for both MSY and OFL, ABC, and ACL) for the
stocks and stock complexes proposed for management were derived using
commercial landings. The SSC determined that some species included for
management under the St. Thomas and St. John FMP were more vulnerable
to overfishing and recommended that the ABC be set at zero pounds.
Stocks with an ABC of zero pounds include queen conch, Nassau grouper
(Grouper 1), and goliath grouper (Grouper 2). Stock complexes with an
ABC of zero pounds include Parrotfish 1 (blue parrotfish, midnight
parrotfish, and rainbow parrotfish), Sea Cucumbers, Sea Urchins, and
Corals. The description of the process for determining the ACLs is
discussed below.
Annual Catch Limits
This final rule specifies ACLs for all stocks and stock complexes
in each island-based FMP. The island-based FMPs establish management
reference points (i.e., SYL and ABC) from which the ACLs are derived.
This final rule also specifies ACTs for pelagic stocks and stock
complexes managed under each island-based FMP.
Puerto Rico ACLs
For the Puerto Rico FMP, landings data for reef fish, pelagic fish,
and rays were available for the commercial and recreational fishing
sectors operating in state and Federal waters around Puerto Rico. As
described previously, the Council relied on landings data to determine
ACLs by sector for managed stocks or stock complexes. For spiny lobster
and queen conch, only commercial landings data are collected and
available. Because recreational landings data are not available for
invertebrates, the spiny lobster ACL and the queen conch ACL are based
on commercial landings and each ACL applies to all harvest for the
stock, whether commercial or recreational.
To determine the ACL, the ABC for each stock or stock complex,
including stocks or stock complexes with an ABC of zero, was multiplied
by the Council's management uncertainty buffer. For all stocks and
stock complexes, except for the angelfish, parrotfish, and surgeonfish
stock complexes, the Council adopted a management uncertainty buffer of
0.95, based on their assumption that the buffer from SYL to ABC
accounted for much of the limitation in landings information. For this
reason, they believed a smaller buffer from ABC to ACL would be
adequate to constrain catch to the ACL. For the angelfish, parrotfish,
and surgeonfish stock complexes, the Council adopted a management
uncertainty buffer of 0.85 to provide additional protection to the
stock complexes.
In the event that landings for one sector are not available for
comparison to the sector-specific ACL, the sectors will not be
separately managed; the ACL for the sector with available data will be
the applicable ACL for the entire stock or stock complex. Recreational
data collection in Puerto Rico ceased following the 2017 hurricane
season. Efforts are underway to resume the recreational data
collection. If recreational landings are unavailable, the ACL for the
commercial sector will be the ACL for the stock or stock complex.
St. Croix ACLs
For the St. Croix FMP, recreational landings data are not
available, thus the Council relied on commercial landings data to
determine ACLs for stocks and stock complexes. These ACLs apply to all
harvest of St. Croix stocks and stock complexes, whether commercial or
recreational.
To determine the ACL, the ABC for each stock or stock complex,
including stocks or stock complexes with an ABC of zero, was multiplied
by the Council's management uncertainty buffer. For all stocks and
stock complexes, except for queen conch and the angelfish, parrotfish,
and surgeonfish stock complexes, the Council adopted a management
uncertainty buffer of 0.95, based on their assumption that the buffer
from SYL to ABC accounted for much of the limitation in landings
information. For this reason, the Council believed a smaller buffer
from ABC to ACL would be adequate to constrain catch to the ACL. For
the angelfish, parrotfish, and surgeonfish stock complexes, which
perform an essential ecological function in the coral reef ecosystem,
the Council adopted a management uncertainty buffer of 0.85 to provide
additional protection to the stock complexes. For queen conch, the
Council did not apply a management uncertainty buffer, as this stock is
managed with in-season data and additional regulations, such as a
commercial and recreational daily quota and bag limit and the 5-month
seasonal closure, which the Council considered sufficient to constrain
landings to the ACL.
St. Thomas and St. John ACLs
For the St. Thomas and St. John FMP, recreational landings data are
not available, thus commercial landings data were used to set ACLs for
stocks and stock complexes. These ACLs apply to all harvest of St.
Thomas and St. John stocks and stock complexes, whether commercial or
recreational.
To determine the ACL, the ABC for each stock or stock complex,
including stocks or stock complexes with an ABC of zero, was multiplied
by the Council's management uncertainty buffer. For all stocks and
stock complexes, except for the angelfish, parrotfish, and surgeonfish
stock complexes, the Council adopted a management uncertainty buffer of
0.95, based on their assumption that the buffer from SYL to ABC
accounted for much of the limitation in landings information. For this
reason, the Council believed a smaller buffer from ABC to ACL would be
adequate to constrain catch to the ACL. For the angelfish, parrotfish,
and surgeonfish stock complexes, which perform an essential ecological
function in the coral reef ecosystem, the Council adopted a management
uncertainty buffer of 0.85 to provide additional protection to these
stock complexes.
Accountability Measures
This final rule implements the AMs specified in the island-based
FMPs and replaces the AMs from the U.S. Caribbean-wide FMPs. For the
AMs specified in the U.S. Caribbean-wide Reef Fish and Spiny Lobster
FMPs, reef fish and spiny lobster landings data for each island
management area are evaluated relative to the applicable ACL based on a
moving 3-year average of landings, using the most recent, complete 3
years of landings data available. For reef fish stocks or stock
complexes in the EEZ around Puerto Rico, ACLs are specified by sector
and an AM is triggered if both the sector-specific ACL and total ACL
(commercial plus recreational) are exceeded, unless NMFS determines
that either the sector-specific ACL or the total ACL exceedance
resulted from enhanced data collection and monitoring efforts. For reef
fish stocks or stock complexes in the EEZ around the USVI and for spiny
lobster in all management areas, an AM is triggered if commercial
landings exceed the ACL for the stock or stock complex, unless NMFS
determines that the ACL was exceeded because of enhanced data
collection and monitoring efforts.
Under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs, if
NMFS determines that the ACL exceedance
[[Page 56208]]
resulted from increased catch rather than enhanced data collection and
monitoring efforts, NMFS will reduce the length of the fishing season
for that stock or stock complex, by sector where applicable, by the
amount necessary to ensure that landings would not exceed the
applicable ACL in the following fishing year. Under the U.S. Caribbean-
wide Reef Fish and Spiny Lobster FMPs, NMFS applies any fishing season
reduction starting from September 30 and moving earlier toward the
beginning of the fishing year (January 1). If the length of the
required fishing season reduction exceeds the time period of January 1
through September 30, any additional fishing season reduction necessary
is applied in the same fishing year from October 1 and moving later
toward the end of the fishing year (December 31). The Council adopted
this approach in Amendment 8 to their Reef Fish FMP, and Amendment 7 to
their Spiny Lobster FMP, to minimize adverse socioeconomic effects from
the implementation of AMs, while still helping to ensure that AM-based
closures constrain harvest to the ACL and prevent overfishing. (82 FR
21475; May 9, 2017)
For the AMs under the Reef Fish FMP for the prohibited reef fish
species (e.g., Nassau grouper), under the Coral FMP for the prohibited
coral species, and under the Queen Conch FMP for queen conch in Puerto
Rico and St. Thomas and St. John, where harvest of queen conch is
prohibited, those harvest prohibitions serve as the AM. The AM
specified for St. Croix in the Queen Conch FMP provides that when the
ACL is reached or projected to be reached prior to the end of the
fishing season, the Regional Administrator will close the area east of
64[deg]34' W in the EEZ off St. Croix to the harvest and possession of
queen conch. All other Federal waters off St. Croix are closed year-
round to queen conch harvest.
This final rule replaces the AMs established under the U.S.
Caribbean-wide FMPs and specifies AMs for all managed stocks and stock
complexes in each island management area, as detailed in the following
island-specific sections.
Puerto Rico AMs
The AM for spiny lobster under the Puerto Rico FMP is the same as
the AM for spiny lobster under the U.S. Caribbean-wide Spiny Lobster
FMP, with minor changes to the years of landings evaluated as the AM
trigger. In addition, NMFS has clarified language to implement the AM
to reflect that the AM trigger evaluation occurs at or near the
beginning of the fishing year when necessary data are available. This
change is consistent with the Council's intent, which is to establish
an AM that relies on the best available data to prevent ACL
exceedances.
Under the Puerto Rico FMP, the AM for spiny lobster provides that
at or near the beginning of the fishing year, available landings of
spiny lobster (i.e., commercial landings) would be evaluated relative
to the spiny lobster ACL based on a moving multi-year average of
landings, as described below in the AM Trigger and ACL Monitoring
section. If the ACL is exceeded, and NMFS determines that the ACL
overage resulted from improved data collection or monitoring rather
than from increased catch, the AM would not be triggered and NMFS would
not reduce the length of the fishing season for spiny lobster. If,
however, NMFS determines that the ACL overage resulted from increased
catch rather than from improved data collection or monitoring, the AM
would be triggered and NMFS would reduce the length of the fishing
season for spiny lobster by the amount necessary to prevent landings
from exceeding the ACL.
The AM under the Puerto Rico FMP contains the same exception from
the AM trigger as the AM under the Spiny Lobster FMP for ACL
exceedances based on improved data collection and monitoring. The
regulations clarify that the AM trigger evaluation (i.e., the
comparison of landings to the ACL) is made at or near the beginning of
the fishing year, not necessarily at the end of the prior year. This
change is necessary because complete data on landings often are not
available by the end of the fishing year, but rather are available
early in the subsequent year, or later. Often there is a 1 to 2 year
data lag as well, which is discussed later in the section on the AM
trigger and ACL monitoring. Therefore, NMFS clarifies that it would
make the AM trigger determination as soon as landings data are
available, i.e., at or near the beginning of the fishing year, and that
any required fishing season reduction would occur as soon as possible
thereafter.
Under the U.S. Caribbean-wide Spiny Lobster FMP, any required
fishing season reduction would be applied starting from September 30
and moving earlier toward the beginning of the fishing year (January
1). If the length of the required fishing season reduction exceeds the
time period of January 1 through September 30, any additional fishing
season reduction necessary would be applied in the same fishing year,
starting from October 1 and moving later toward the end of the fishing
year (December 31).
The Puerto Rico FMP provides for management of reef fish stocks and
stock complexes by sector when data are available to set an ACL by
sector, and the corresponding AM operates in the same manner as the AM
under the U.S. Caribbean-wide Reef Fish FMP, with minor changes. The
changes reflect the transition to management with indicator stocks, an
update to the years of landings used as the AM trigger, and
clarification of when the AM trigger evaluation occurs.
For reef fish stocks and stock complexes managed under the Puerto
Rico FMP, commercial and recreational landings of the stock, stock
complex, or indicator stock would be evaluated relative to the
corresponding commercial, recreational, or total ACLs for the stock or
stock complex, as applicable, based on a moving multi-year average of
landings as described below. For those stock complexes managed with an
indicator stock, the ACLs (commercial, recreational, and total) for the
stock complex are based on landings of the indicator stock. Therefore,
the AM trigger evaluation compares indicator stock landings to the ACL.
An AM would be triggered for a stock or stock complex if a sector's
landings exceeded the sector-specific ACL and if the total (commercial
plus recreational) landings exceeded the total (commercial plus
recreational) ACL. An AM would not be triggered if NMFS determines that
either ACL overage (sector-specific ACL or total ACL) resulted from
improved data collection or monitoring rather than from increased catch
increased. Once triggered, the AM would be applied only for the sector
that exceeded its ACL.
Unlike the U.S. Caribbean-wide Reef Fish FMP, the Puerto Rico FMP
provides that if landings for one sector are not available for
evaluation to the sector-specific ACL, then the sectors would not be
separately managed. The ACL for the sector with available data would be
the ACL for that stock or stock complex. If NMFS estimates that
available landings for the stock, stock complex, or indicator stock
exceeded the ACL for the stock or stock complex, and if the exceedance
was not due to improvements in data collection or monitoring, the AM
would be triggered. Any required fishing season reduction would apply
to all harvest of the stock or stock complex, whether commercial or
recreational. The Puerto Rico FMP and this final rule add this
authority.
As with the AM for spiny lobster under the Puerto Rico FMP, the
[[Page 56209]]
regulatory text clarifies that the AM trigger evaluation for managed
reef fish stocks and stock complexes occurs at or near the beginning of
the fishing year, when landings from prior fishing years are available,
and that any required fishing season reduction occurs as soon as
possible thereafter. Any required fishing season reduction would be
applied starting with September 30 and moving earlier towards the
beginning of the fishing year (January 1), adding additional time, as
necessary, from October 1, toward the end of the fishing year (December
31).
Pelagic stocks and stock complexes are not managed under the U.S.
Caribbean-wide FMPs, but are managed under the Puerto Rico FMP by
sector where sector-specific data are available. The Puerto Rico FMP
establishes an AM for these stocks or stock complexes. For each pelagic
stock and stock complex, the final rule codifies an ACT as 90 percent
of the ACL that serves as the AM trigger.
Commercial and recreational landings of the pelagic stock, stock
complex, or indicator stock would be evaluated relative to the
commercial and recreational ACTs based on a moving multi-year average
of landings as described below. The AM would be applied on a sector
basis, and would be triggered when a sector's landings exceeds its ACT.
The Puerto Rico FMP and these regulations provide for the
unavailability of sector-specific landings. When landings for one
sector are not available for comparison to that sector's ACT, the ACT
for the sector with available landings would be the ACT for the stock
or stock complex. Available landings would be evaluated relative to the
ACT for the stock or stock complex. If NMFS estimates that available
landings for the stock, stock complex, or indicator stock exceeded the
ACT for the stock or stock complex, the AM would apply to all harvest
of the stock or stock complex, whether commercial or recreational. If
an AM is triggered, NMFS in consultation with the Council would
determine appropriate corrective action, including whether corrective
action is needed. Corrective action could include actions such as
fishing season reductions or modifications to the ACL and would depend
on many factors, including an evaluation of the cause of the exceedance
and the best way to protect against future ACL exceedances.
Recreational data collection in Puerto Rico was disrupted in 2017,
following Hurricanes Irma and Maria, and has not resumed. Since 2018,
recreational landings for the reef fish and pelagic stocks, stock
complexes, and indicator stocks are not available for comparison to the
recreational ACLs and ACTs for each stock and stock complex. Thus, as
described in the Puerto Rico FMP and in this final rule, the commercial
ACLs and ACTs for the reef fish and pelagic stocks and stock complexes
would function as the ACLs and ACTs for the stocks and stock complexes
until sufficient recreational landings become available.
For stocks (queen conch, Nassau grouper, goliath grouper, giant
manta ray, spotted eagle ray, and southern stingray) and stock
complexes (Parrotfish 1 (blue parrotfish, midnight parrotfish, and
rainbow parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with
harvest prohibitions in EEZ around Puerto Rico, those prohibitions
serve as the AMs under the final rule. This is the same approach to
management for queen conch, Nassau grouper, goliath grouper, the
species in the Parrotfish 1 stock complex, and the coral species that
are managed under the U.S. Caribbean-wide FMPs. The Puerto Rico FMP
adopts this AM for the rays, which are new to management, and for the
Sea Urchins and Sea Cucumbers stock complexes.
St. Croix AMs
The AMs for reef fish stocks and stock complexes and for spiny
lobster under the St. Croix FMP are the same as the AMs for reef fish
and spiny lobster under the U.S. Caribbean-wide Reef Fish and Spiny
Lobster FMPs, with minor changes to the years of landings evaluated as
the AM trigger. In addition, NMFS revised language to implement the AM
to reflect and clarify that the AM trigger evaluation occurs at or near
the beginning of the fishing year when necessary data are available.
This change is consistent with the Council's intent, which is to
establish an AM that relies on the best available data to prevent ACL
exceedances.
Under the St. Croix FMP for reef fish stocks and stock complexes
and for spiny lobster, at or near the beginning of the fishing year,
landings for each stock, stock complex, or indicator stock(s) would be
evaluated relative to the ACL for the stock or stock complex based on a
moving multi-year average of landings, as described below. If the ACL
is exceeded, and NMFS determines that the ACL overage resulted from
improved data collection or monitoring rather than from increased
catch, the AM would not be triggered and NMFS would not reduce the
length of the fishing season for the applicable stock or stock complex.
If, however, NMFS determines that the ACL overage resulted from
increased catch rather than from improved data collection or
monitoring, the AM would be triggered and NMFS would reduce the length
of the fishing season for the applicable stock or stock complex by the
amount necessary to prevent landings from exceeding the ACL.
The AMs for reef fish stocks and stock complexes and spiny lobster
under the St. Croix FMP contain the same exception from the AM trigger
for ACL exceedances based on improved data collection and monitoring as
the AMs under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs.
The implementing regulations clarify that the AM trigger evaluation
(i.e., the comparison of landings to the ACL) is made at or near the
beginning of the fishing year to better reflect when landings data are
available.
As under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs,
any required fishing season reduction would be applied starting from
September 30 and moving earlier toward the beginning of the fishing
year (January 1). If the length of the required fishing season
reduction exceeds the time period of January 1 through September 30,
any additional fishing season reduction necessary would be applied in
the same fishing year, starting from October 1 and moving later toward
the end of the fishing year (December 31).
Pelagic stocks are not managed under the U.S. Caribbean-wide FMPs,
but are managed under the St. Croix FMP. For each pelagic stock, this
final rule codifies an ACT as 90 percent of the ACL that would serve as
the AM trigger. An AM would be triggered if the landings for the
pelagic stock exceed the ACT based on a moving multi-year average of
annual landings, as described below. If an AM is triggered, NMFS in
consultation with the Council would determine appropriate corrective
action, including whether corrective action is needed. Corrective
action could include actions such as fishing season reductions or
modifications to the ACL and would depend on many factors, including an
evaluation of the cause of the exceedance and the best way to protect
against future ACL exceedances.
For queen conch, as under the U.S. Caribbean-wide Queen Conch FMP,
harvest would continue to be allowed in the EEZ around St. Croix east
of 64[deg]34' W longitude during the open fishing season, November 1
through May 31. This measure was established in the 2005 Caribbean
Sustainable Fisheries Act Amendment to the Queen Conch FMP (70 FR
62073; October 28, 2005). The rest of the U.S. Caribbean EEZ will
continue to be closed to the harvest of queen conch. Under the St.
Croix FMP,
[[Page 56210]]
the AM for queen conch would continue to be triggered if, based on in-
season monitoring, NMFS determines the queen conch ACL is reached or is
projected to be reached prior to the end of the fishing season. If the
AM is triggered, NMFS would close the EEZ around St. Croix east of
64[deg]34' W longitude to the harvest and possession of queen conch for
the remainder of the fishing season. During any such closure, no person
would be allowed to fish for or possess a queen conch in or from
Federal waters off St. Croix.
For stocks (Nassau grouper and goliath grouper) and stock complexes
(Parrotfish 1 (blue parrotfish, midnight parrotfish, and rainbow
parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with harvest
prohibitions in the EEZ around St. Croix, those prohibitions serve as
the AMs under the final rule. This is the same approach to management
for Nassau grouper, goliath grouper, the species in the Parrotfish 1
stock complex, and the coral species that are managed under the U.S.
Caribbean-wide FMPs. The St. Croix FMP adopts this AM for the Sea
Urchins and Sea Cucumber stock complexes.
St. Thomas and St. John AMs
The AMs for reef fish stocks and stock complexes and for spiny
lobster under the St. Thomas and St. John FMP are the same as the AMs
for reef fish and spiny lobster under the U.S. Caribbean-wide Reef Fish
and Spiny Lobster FMPs, with minor changes to the years of landings
evaluated as the AM trigger. In addition, NMFS is clarifying language
to implement the AM to reflect that the AM trigger evaluation occurs at
or near the beginning of the fishing year when necessary data are
available. This change is consistent with the Council's intent, which
is to establish an AM that relies on the best available data to prevent
ACL exceedances.
Under the St. Thomas and St. John FMP for reef fish stocks and
stock complexes and for spiny lobster, at or near the beginning of the
fishing year, landings for each stock, stock complex, or indicator
stock(s) would be evaluated relative to the ACL for the stock or stock
complex based on a moving multi-year average of landings, as described
later. If the ACL is exceeded, and NMFS determines that the ACL overage
resulted from improved data collection or monitoring rather than from
increased catch, the AM would not be triggered and NMFS would not
reduce the length of the fishing season for the applicable stock or
stock complex. If, however, NMFS determines that the ACL overage
resulted from increased catch rather than from improved data collection
or monitoring, the AM would be triggered and NMFS would reduce the
length of the fishing season for the applicable stock or stock complex
by the amount necessary to prevent landings from exceeding the ACL.
The AMs for reef fish stocks and stock complexes and spiny lobster
under the St. Thomas and St. John FMP contain the same exception from
the AM trigger for ACL exceedances based on improved data collection
and monitoring as the AMs under the U.S. Caribbean-wide Reef Fish and
Spiny Lobster FMPs. The implementing regulations clarify that the AM
trigger evaluation (i.e., the comparison of landings to the ACL) is
made at or near the beginning of the fishing year to better reflect
when landings data are available.
As under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs,
any required fishing season reduction would be applied starting from
September 30 and moving earlier toward the beginning of the fishing
year (January 1). If the length of the required fishing season
reduction exceeds the time period of January 1 through September 30,
any additional fishing season reduction necessary would be applied in
the same fishing year, starting from October 1 and moving later toward
the end of the fishing year (December 31).
Pelagic stocks are not managed under the U.S. Caribbean-wide FMPs,
but are managed under the St. Thomas and St. John FMP. For each pelagic
stock, this final rule codifies an ACT as 90 percent of the ACL that
serves as the AM trigger. An AM would be triggered if the landings for
the pelagic stock exceed ACT based on a moving multi-year average of
annual landings, as described below. If an AM is triggered, NMFS in
consultation with the Council would determine appropriate corrective
action, including whether corrective action is needed. Corrective
action could include actions such as fishing season reductions or
modifications to the ACL and would depend on many factors, including an
evaluation of the cause of the exceedance and the best way to protect
against future ACL exceedances.
For stocks (queen conch, Nassau grouper, and goliath grouper) and
stock complexes (Parrotfish 1 (blue parrotfish, midnight parrotfish,
and rainbow parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with
harvest prohibitions in the EEZ around St. Thomas and St. John, those
prohibitions serve as the AMs under this final rule. This is the same
approach to management for queen conch, Nassau grouper, goliath
grouper, the species in the Parrotfish 1 stock complex, and the coral
species that are managed under the U.S. Caribbean-wide FMPs. The St.
Thomas and St. John FMP adopts this AM for the Sea Urchins and Sea
Cucumber stock complexes.
AM Trigger and ACL Monitoring
Each of the island-based FMPs specify the moving multi-year average
of landings to be used to monitor compliance with the ACLs and ACTs
under the AM trigger. The FMPs state that in the first year of FMP
implementation, ACL and ACTs will be monitored using a single year of
landings from 2018; then a single year of landings from 2019; then a 2-
year average of landings from 2019 and 2020; then a 3-year average of
landings from 2019 to 2021; and thereafter a progressive running 3-year
average of landings. As specified in the island-based FMPs, the
Regional Administrator in consultation with the Council may deviate
from the specific time sequences based on data availability. The
specified years could also be updated to account for periods where
landings data may be incomplete, such as for years when hurricanes
impact the ability to obtain a complete set of data.
Landings data from Puerto Rico and the USVI generally are not
available for comparison to the ACLs or ACTs until 1 to 2 years after
the year in which the fishing activity occurred. During this transition
period to management under the island-based FMPs, until available
landings reflect fishing under the island-specific FMPs as opposed to
under the U.S. Caribbean-wide FMPs, NMFS would evaluate if the landings
available for each stock, stock complex, or indicator stock(s) would
exceed the ACLs or ACTs for the stock or stock complex specified in the
island-based FMPs as the AM trigger. Once landings data from 3 years
from when the island-based FMPs and ACLs are in place are available,
NMFS would evaluate whether landings for each stock, stock complex, or
indicator stock(s) exceeded the ACL or ACT for each stock or stock
complex specified under the island-based FMPs. In all cases, if an AM
is triggered, the AM would be applied as described previously.
Essential Fish Habitat
In addition to the management measures that this final rule
implements through the regulations, the island-based FMPs include
actions to identify essential fish habitat (EFH) for species new to
management that NMFS will implement but not codify through regulations.
The EFH designations for species and species groups that were
managed under the U.S. Caribbean-wide FMPs and are
[[Page 56211]]
included for management under the respective Puerto Rico FMP, St. Croix
FMP, and St. Thomas and St. John FMP remain as currently described in
the 2005 Caribbean Sustainable Fisheries Act Amendment. These
descriptions are included in each of the island-based FMPs. For species
new to management, each island-based FMP describes and identifies EFH
according to functional relationships between life history stages of
the species and marine and estuarine habitats, based on best scientific
information available.
Framework Procedures
The framework procedures for the U.S. Caribbean-wide Reef Fish,
Spiny Lobster, Queen Conch, and Coral FMPs provided the Council and
NMFS the flexibility to expeditiously adjust management options to
respond to changing fishery conditions or new scientific information.
This final rule updates the framework procedures under each island-
based FMP to establish the basis for a broader range of management
measures that can be approved by the Council and implemented by NMFS
through the framework process. The framework procedures for each
island-based FMP and in this final rule are identical for each island
management area. Certain future proposed actions could be implemented
either by an open abbreviated framework, an open standard framework, or
through a closed framework procedure, as applicable. Each island-based
FMP describes and provides the open and closed framework procedures and
the differences from a full FMP amendment process. Some of the
management measures to be adjusted through framework procedures include
re-specification of SDC and other management reference points,
modification of seasonal, year-round, or area closures, commercial trip
limits, recreational bag and possession limits, size limits, or
allowable fishing gear.
Additional Changes to Codified Text Not in the Island-Based FMPs
NMFS is revising the authorized gear table in 50 CFR 600.725(v)
under V. Caribbean Fishery Management Council, to incorporate changes
to the organization of federally managed fisheries and gear
descriptions under the island-based FMPs.
Currently, the authorized gear table at 50 CFR 600.725(v) under V
subdivides the U.S. Caribbean fisheries by whether the fishery is
managed under an FMP or not. Each fishery is then subdivided into
fishery components by fishing gear type (e.g., trap/pot, longline/hook
and line, etc.) or sector (i.e., commercial or recreational), and the
authorized gear types are specified for these fishery components.
NMFS is revising the gear table to reflect the transition to
island-based fishery management. Within the gear table for the U.S.
Caribbean, the fisheries are described by island area, and then by
whether the fishery is managed under an FMP. Each fishery is then
broken into components by fishing gear type or sector, as appropriate.
As with the current table, the authorized gear types are specified for
each fishery component.
In this final rule, NMFS clarifies and makes consistent the
description of the authorized gear for all fisheries. For example, NMFS
is specifying the individual hook and line gear types authorized rather
than listing ``hook and line'' as an authorized gear. Under 50 CFR
622.2, hook and line gear means automatic reel, bandit gear, buoy gear,
handline, longline, and rod and reel. The authorized gear table lists
those gear types as authorized, rather than the more general ``hook and
line.'' Further, NMFS clarifies that trap and pot gear is an authorized
recreational gear type for the reef fish and spiny lobster fisheries
managed under each of the island-based FMPs.
In addition, NMFS is making additional clarifying and non-
substantive changes to regulations in part 622 through this final rule.
For example, to account for management measures that occur in leap
years, NMFS revises language currently at 50 CFR 622.435(a)(2)(ii),
which describes the annual seasonal closure for the red hind spawning
aggregation areas off Puerto Rico and St. Croix, from ``through
February 28 each year,'' to ``through the last day of February each
year.'' The seasonal closure, with this updated language, is included
in the subparts containing the regulations implementing the Puerto Rico
FMP and the St Croix FMP.
This final rule updates the cross references to the subparts in 50
CFR part 622 to reflect changes to implement the island-based FMPs
where there will be three U.S. Caribbean specific subparts instead of
four as in the current regulations. This final rule amends the import
restrictions regulatory language for queen conch to reflect the change
to island-based management. At 50 CFR 622.2, this final rule revises
the definition of fish trap in the U.S. Caribbean EEZ consistent with
the island-based FMPs. The vessel color code requirements at 50 CFR
622.6(a)(2) are clarified to reflect a change in how the fisheries are
described and identified under the island-based FMPs. The landing fish
intact provisions at 50 CFR 622.10(b) are updated to clarify the
requirements for highly migratory species. This final rule also
clarifies the St. Croix queen conch prohibition at 50 CFR 622.479(b)(4)
to state that the prohibition applies whether or not queen conch are on
a vessel, but also in a person's possession.
Further, NMFS is revising appendix A to part 622 that currently
lists federally managed species in the U.S. Caribbean. NMFS is removing
the species tables applicable to the previous U.S. Caribbean-wide FMPs.
This final rule specifies the federally managed species for Puerto
Rico, St. Croix, and St. Thomas and St. John in subparts S, T, and U,
respectively. As a result of removing U.S. Caribbean species tables
from appendix A to part 622, NMFS is also revising the numbering for
the tables of Gulf of Mexico reef fish, South Atlantic snapper-grouper,
and Atlantic dolphin and wahoo species.
Changes in This Final Rule From the Proposed Rule
Subsequent to the publication of the proposed rule for the island-
based FMPs, NMFS became aware of an error within an amendatory
instruction of the proposed rule's codified text (87 FR 30730; May 19,
2022). Amendatory instruction 23 contained an incorrect regulatory
reference in the instruction. In the proposed rule, instruction 23
states ``In addition to the amendments to this part, remove all
references to ``622.413'' and add, in their place, ``622.419'' in the
following sections in 50 CFR: 622.55(e); 622.382(a)(1)(i)(B);
622.400(a)(1)(i); 622.402(a)(1), (2), and (3) and (c)(1);
622.403(b)(3)(i); 622.404(e) and (f); and 622.405(b)(2)(i). In the
proposed rule and in this final rule, 50 CFR 622.413, ``Incorporation
by reference,'' in subpart R of part 622 is moved to 50 CFR 622.19,
subpart A of part 622. Amendatory instruction 23 is corrected in this
final rule to refer to ``622.19'' instead of ``622.419.''
No other changes to this final rule have been made from the
proposed rule.
Comments and Responses
NMFS received five comments on the notice of availability for the
island-based FMPs and two comments on the proposed rule. Comment
submissions were from members of the general public and a non-profit
legal organization. The majority of the comments were in support of
some or all of the actions within the FMPs.
One comment received on the proposed rule recommended a prohibition
on commercial fishing. The
[[Page 56212]]
Council did not take any action in the island-based FMPs to prohibit
commercial fishing and NMFS has not taken any action to implement such
a measure in this final rule. NMFS does not find it appropriate to
exercise its authority under the Magnuson-Stevens Act to prohibit
commercial fishing in this final rule.
NMFS has not made any changes from the proposed rule to this final
rule based on public comment.
Comments specific to the island-based FMPs and the proposed rule
are grouped as appropriate and summarized below, each followed by NMFS'
respective responses.
Comment 1: Spearfishing should not be prohibited for the
recreational harvest of reef fish in the Puerto Rico FMP. There is no
evidence that spearfishing has a high impact on reef fish populations
and spearfishing is the least invasive and most selective of the
fishing methods. Prohibiting recreational spearfishing for reef fish
but not prohibiting other fishing gear types, particularly those used
by commercial fishers, demonstrates a biased approach to conservation
not based on science.
Response: NMFS clarifies that the Puerto Rico FMP does not prohibit
the recreational use of spearfishing gear for the harvest of reef fish
in Puerto Rico. The Council's unofficial Spanish translation of Chapter
5 of the Puerto Rico FMP, published on the Council's website, included
an incomplete list of gear authorized for recreational harvest of reef
fish, omitting spears. After NMFS published the notice of availability
and received this comment, the Council corrected the translation error
and posted a revised translation of Chapter 5 of the Puerto Rico FMP on
its website: https://caribbeanfmc.com/FMP_Island_Based_2019/EA_FMP_Puerto_Rico_ESPANOL.pdf. Under the Puerto Rico FMP and this
final rule implementing the FMP, spear is an allowable gear type for
use by the recreational sector for the harvest of reef fish.
Comment 2: The Puerto Rico FMP does not manage forage species and
predatory functional groups and therefore is not consistent with the
NMFS priority of taking an ecosystem-based approach to fisheries
management in the region. The lack of species-specific data for forage
and top predator species such as sharks and rays from waters under
Council jurisdiction should not be a reason for not managing these
species under the Puerto Rico FMP.
Response: The Puerto Rico FMP does not manage forage species and
predatory functional groups. However, NMFS manages highly migratory
species such as sharks, Atlantic tunas, swordfish, and billfish, under
delegated authority from the Secretary of Commerce (Secretary), through
the 2006 Consolidated Highly Migratory Species FMP (71 FR 58058;
October 2, 2006), as amended. Action 2, Preferred Alternative 2 of each
of the island-based FMPs sets forth the stepwise process that the
Council applied to identify species in need of conservation and
management. This process accounts for the ecological value of the
species (See Criterion C), and complies with the Magnuson-Stevens Act
section 302(h)(1). In the future, the Council may choose to identify
and include stocks within the FMPs as ecosystem component (EC) species
that do not require conservation and management, and adopt management
measures to address ecosystem issues, but such management is not
required (50 CFR 600.305(c)(5)).
For example, the Council is currently developing a Fishery
Ecosystem Plan that among other items, would address the role of forage
species and predatory functional groups in the U.S. Caribbean. The
Council and NMFS expect that the Fishery Ecosystem Plan would serve as
a source document for the Council to guide future management actions
pursued under each of the island-based FMPs, including potentially a
decision to manage additional species with important ecosystem value.
Comment 3: The scalloped hammerhead population recently listed as
threatened under the Endangered Species Act (ESA) should have been
included in the Puerto Rico FMP as this species can be impacted as
bycatch from pelagic long line fisheries allowed in the Puerto Rico
EEZ.
Response: The ESA-listed scalloped hammerhead shark is a highly
migratory species whose range includes the geographical authority of
more than one fishery management council. Therefore, under the
Magnuson-Stevens Act, NMFS, under delegated authority from the
Secretary, not the Council, has the authority to manage this highly
migratory species (Magnuson-Stevens Act sections 302(a)(3) and 3(21)).
NMFS has exercised its authority to manage scalloped hammerhead sharks
as an Atlantic Highly Migratory Species under the 2006 Consolidated
Highly Migratory Species FMP, as amended.
Comment 4: In the Puerto Rico FMP and the St. Thomas and St. John
FMP, the Council did not cite to or rely on certain published reports,
including Council-funded research, about the ESA-listed Nassau grouper
spawning activities in certain spawning sites in Puerto Rico and St.
Thomas, USVI in relation to lunar cycles. The Council should re-
consider the timing of the seasonal closure in the Council-managed
spawning areas (e.g., Bajo de Sico, Puerto Rico, Grammanik Bank, St.
Thomas, USVI) to encompass Nassau grouper spawning activity that may
occur beyond the seasonal closure dates.
Response: The Council and NMFS established seasonal spawning
closures to protect spawning fish resources, including groupers, during
the identified peak spawning periods in Puerto Rico and the USVI. For
example, the Bajo de Sico seasonal closure in western Puerto Rico, was
established in 1996 to protect spawning aggregations of red hind
grouper during their peak spawning period of December through February
(61 FR 64485; December 5, 1996). Bajo de Sico also has been identified
as an important spawning aggregation site for other snappers and
groupers, including the Nassau grouper. In 2010, NMFS and the Council
modified the Bajo de Sico seasonal closure from a 3-month closure
(December through February) to a 6-month closure (October through
March) to protect other Council-managed reef fish that may be
aggregating in the area to spawn, including Nassau grouper (75 FR
67247; November 2, 2010). The Grammanik Bank seasonal closure in
southern St. Thomas, USVI, was established in 2005 to protect a
spawning aggregation of the yellowfin grouper during its peak spawning
period of February through April (70 FR 62073; October 28, 2005).
Similar to Bajo de Sico, areas within the Grammanik Bank have also been
identified as multi-species spawning aggregation sites, including for
Nassau grouper. The Council did not seek to modify the seasonal closure
period for the Bajo de Sico or Grammanik Bank managed areas in the
Puerto Rico or St. Thomas and St John FMP. However, the Council is
currently developing a Fishery Ecosystem Plan that would incorporate
the most recent information available with respect to the spawning
activities of the Nassau grouper. Although the island-based FMPs and
this final rule do not revise the time period for the spawning seasonal
closures at Bajo de Sico and the Grammanik Bank, NMFS expects that the
Fishery Ecosystem Plan would serve as a source document for the Council
to guide future management actions under each of the island-based FMPs,
as needed. This could include evaluating and revising the current
seasonal closures under the island-based FMPs.
NMFS notes that fishing for the Nassau grouper has been prohibited
in Caribbean Federal waters since 1990, and the Council has implemented
many
[[Page 56213]]
other measures to protect not only the fish resource but also the
habitat that supports these aggregations.
Comment 5: The proposed rule is invalid because it results from the
Council process, which is legally invalid. The Council process under
the Magnuson-Stevens Act violates the Appointments, Executive Vesting,
and Take Care clauses of the U.S. Constitution and, as a result, any
rule resulting from the Council process is legally invalid.
Response: This rulemaking is legally valid and consistent with the
Magnuson-Stevens Act, which also is constitutional and legally valid.
This final rule implements the island-based FMPs, which NMFS, through
delegation of authority from the Secretary, has approved as consistent
with the Magnuson-Stevens Act and other applicable law. Under Section
304 of the Magnuson-Stevens Act, NMFS, acting through delegated
authority from the Secretary, retains significant discretion to reject
Council recommendations, including the proposed regulations that the
Council submitted to NMFS to implement the island-based FMPs. In
addition, it is NMFS, not the Council, that has the authority to
promulgate regulations to implement an approved FMP. Fishery management
councils are not considered Federal agencies for the purposes of the
Administrative Procedures Act. For this reason, the Council process
under the Magnuson-Stevens Act is consistent with the U.S.
Constitution. This rulemaking, therefore, is not legally invalid for
resulting from the advisory Council process established in the
Magnuson-Stevens Act.
Incorporation by Reference
NMFS created Sec. 622.413 as a centralized incorporation by
reference (IBR) section--essentially a section which contained the
information about material approved for IBR and the sections where that
material was approved for use (the outlying sections). Redesignating
that section to Sec. 622.19 does not change the material or the
approval for any of the outlying sections.
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 the island-based FMPs, the Magnuson-Stevens Act, and
other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting or recordkeeping
requirements are introduced by this final rule. This final rule
contains no information collection requirements under the Paperwork
Reduction Act of 1995. A description of this final rule, why it is
being considered, and the purposes of this final rule are contained
earlier 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 adverse economic impact on a substantial number
of small entities. The factual basis for this determination was
published in the proposed rule and is not repeated here. None of the
public comments received addressed the certification and 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.
List of Subjects
50 CFR Part 600
Caribbean, Commercial, Fisheries, Fishing, Recreational.
50 CFR Part 622
Caribbean, Commercial, Fisheries, Fishing, Incorporation by
Reference, Recreational.
Dated: September 2, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 600 and 622
are amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.725(v), in the table, revise the entries under ``V.
Caribbean Fishery Management Council'' to read as follows:
Sec. 600.725 General prohibitions.
* * * * *
(v) * * *
------------------------------------------------------------------------
Fishery Authorized gear types
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
V. Caribbean Fishery Management Council
------------------------------------------------------------------------
1. Exclusive Economic Zone around
Puerto Rico.
A. Puerto Rico Reef Fish Fishery (FMP):
i. Commercial fishery.............. i. Automatic reel, bandit gear,
buoy gear, handline, longline,
rod and reel, trap, pot,
spear.
ii. Recreational fishery........... ii. Dip net, handline, rod and
reel, slurp gun, spear, trap,
pot.
B. Puerto Rico Pelagic Fishery (FMP):
i. Commercial fishery.............. i. Automatic reel, bandit gear,
buoy gear, handline, longline,
rod and reel, gillnet.
ii. Recreational fishery........... ii. Spear, handline, longline,
rod and reel.
C. Puerto Rico Spiny Lobster Fishery
(FMP):
i. Commercial fishery.............. i. Trap, pot, dip net, hand
harvest, snare.
ii. Recreational fishery........... ii. Trap, pot, dip net, hand
harvest, snare.
D. Puerto Rico Coral Reef Resources No harvest or possession in the
Fishery (FMP): EEZ.
E. Puerto Rico Queen Conch Fishery No harvest or possession in the
(FMP): EEZ.
F. Puerto Rico Pelagic Fishery (Non-
FMP):
[[Page 56214]]
i. Commercial fishery.............. i. Gillnet, automatic reel,
bandit gear, buoy gear,
handline, longline, rod and
reel.
ii. Recreational fishery........... ii. Spear, handline, longline,
rod and reel.
G. Puerto Rico Commercial Fishery (Non- Automatic reel, bandit gear,
FMP). buoy gear, handline, longline,
rod and reel, trawl, gillnet,
cast net, spear.
H. Puerto Rico Recreational Fishery Automatic reel, bandit gear,
(Non-FMP). buoy gear, handline, longline,
rod and reel, spear,
powerhead, hand harvest, cast
net.
2. Exclusive Economic Zone around St.
Croix.
A. St. Croix Reef Fish Fishery (FMP):
i. Commercial fishery.............. i. Automatic reel, bandit gear,
buoy gear, handline, longline,
rod and reel, trap, pot,
spear.
ii. Recreational fishery........... ii. Dip net, handline, rod and
reel, slurp gun, spear, trap,
pot.
B. St. Croix Pelagic Fishery (FMP):
i. Commercial fishery.............. i. Gillnet, automatic reel,
bandit gear, buoy gear,
handline, longline, rod and
reel.
ii. Recreational fishery........... ii. Spear, handline, longline,
rod and reel.
C. St. Croix Spiny Lobster Fishery
(FMP):
i. Commercial fishery.............. i. Trap, pot, dip net, hand
harvest, snare.
ii. Recreational fishery........... ii. Trap, pot, dip net, hand
harvest, snare.
D. St. Croix Coral Reef Resource No harvest or possession in the
Fishery (FMP): EEZ.
E. St. Croix Queen Conch Fishery (FMP):
i. Commercial fishery.............. i. Hand harvest.
ii. Recreational fishery........... ii. Hand harvest.
F. St. Croix Pelagic Fishery (Non-FMP):
i. Commercial fishery.............. i. Gillnet, automatic reel,
bandit gear, buoy gear,
handline, longline, rod and
reel.
ii. Recreational fishery........... ii. Spear, handline, longline,
rod and reel.
G. St. Croix Commercial Fishery (Non- Automatic reel, bandit gear,
FMP). buoy gear, handline, longline,
rod and reel, trawl, gillnet,
cast net, spear.
H. St. Croix Recreational Fishery (Non- Automatic reel, bandit gear,
FMP). buoy gear, handline, longline,
rod and reel, spear,
powerhead, hand harvest, cast
net.
3. Exclusive Economic Zone around St.
Thomas and St. John.
A. St. Thomas and St. John Reef Fish
Fishery (FMP):
i. Commercial fishery.............. i. Automatic reel, bandit gear,
buoy gear, handline, longline,
rod and reel, trap, pot,
spear.
ii. Recreational fishery........... ii. Dip net, handline, rod and
reel, slurp gun, spear, trap,
pot.
B. St. Thomas and St. John Pelagic
Fishery (FMP):
i. Commercial fishery.............. i. Automatic reel, bandit gear,
buoy gear, handline, longline,
rod and reel, gillnet.
ii. Recreational fishery........... ii. Spear, handline, longline,
rod and reel.
C. St. Thomas and St. John Spiny
Lobster Fishery (FMP):
i. Commercial fishery.............. i. Trap, pot, dip net, hand
harvest, snare.
ii. Recreational fishery........... ii. Trap, pot, dip net, hand
harvest, snare.
D. St. Thomas and St. John Coral Reef No harvest or possession in the
Resource Fishery (FMP): EEZ.
E. St. Thomas and St. John Queen Conch No harvest or possession in the
Fishery (FMP): EEZ.
F. St. Thomas and St. John Pelagic
Fishery (Non-FMP):
i. Commercial fishery.............. i. Gillnet, automatic reel,
bandit gear, buoy gear,
handline, longline, rod and
reel.
ii. Recreational fishery........... ii. Spear, handline, longline,
rod and reel.
G. St. Thomas and St. John Commercial Automatic reel, bandit gear,
Fishery (Non-FMP). buoy gear, handline, longline,
rod and reel, trawl, gillnet,
cast net, spear.
H. St. Thomas and St. John Recreational Automatic reel, bandit gear,
Fishery (Non-FMP). buoy gear, handline, longline,
rod and reel, spear,
powerhead, hand harvest, cast
net.
* * * * * * *
------------------------------------------------------------------------
* * * * *
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
3. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. Amend Sec. 622.1 by:
0
a. Revising paragraph (c); and
0
b. In Table 1:
0
i. Removing the entry for ``FMP for Corals and Reef Associated Plants
and Invertebrates of Puerto Rico and the U.S. Virgin Islands'';
0
ii. Adding entries for ``FMP for the Exclusive Economic Zone around
Puerto Rico'', ``FMP for the Exclusive Economic Zone around St.
Croix'', and ``FMP for the Exclusive Economic Zone around St. Thomas
and St. John'' in alphabetical order; and
0
iii. Removing the entries for ``FMP for Queen Conch Resources of Puerto
Rico and the U.S. Virgin Islands'', ``FMP for the Reef Fish Fishery of
Puerto Rico and the U.S. Virgin Islands'', and ``FMP for the Spiny
Lobster Fishery of Puerto Rico and the U.S. Virgin Islands''.
The revision and additions read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(c) This part also governs the importation of spiny lobster into
Puerto Rico or the U.S. Virgin Islands.
* * * * *
[[Page 56215]]
Table 1 to Sec. 622.1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
Responsible
FMP title fishery management Geographical area
council(s)
------------------------------------------------------------------------
* * * * * * *
FMP for the Exclusive Economic CFMC.............. Caribbean.
Zone around Puerto Rico.
FMP for the Exclusive Economic CFMC.............. Caribbean.
Zone around St. Croix.
FMP for the Exclusive Economic CFMC.............. Caribbean.
Zone around St. Thomas and St.
John.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
5. Amend Sec. 622.2 by:
0
a. Removing the definitions of ``Caribbean coral reef resource'',
``Caribbean prohibited coral'', ``Caribbean queen conch'', ``Caribbean
reef fish'', and ``Caribbean spiny lobster or spiny lobster'';
0
b. Revising paragraph (1) in the definition for ``Fish trap'' and
paragraph (1) in the definition for ``Import''; and
0
c. Adding, in alphabetical order, the definition for ``Spiny lobster''.
The revisions and addition read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Fish Trap * * *
(1) In the Caribbean EEZ, a trap and its component parts, including
the lines and buoys, regardless of the construction material, used for
or capable of taking finfish. This does not include a spiny lobster
trap as defined in subparts S, T, and U of this part.
* * * * *
Import * * *
(1) For the purpose of Sec. 622.1(c) and subparts S, T, and U of
this part only--To land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into, Puerto Rico or the U.S.
Virgin Islands, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of
the United States;
* * * * *
Spiny lobster means the species Panulirus argus, or a part thereof.
* * * * *
0
6. In Sec. 622.4, revise the introductory text and paragraphs (b) and
(f)(1) to read as follows:
Sec. 622.4 Permits and fees--general.
This section contains general information about procedures related
to permits. See also Sec. Sec. 622.70 and 622.220 regarding certain
permit procedures unique to coral permits in the Gulf of Mexico and the
South Atlantic, respectively. See subpart F of this part for permit
requirements related to aquaculture of species other than live rock.
Permit requirements for specific fisheries, as applicable, are
contained in the permit sections within subparts B through U of this
part.
* * * * *
(b) Change in application information. The owner or operator of a
vessel with a permit, a person with a coral permit, a person with an
operator permit, or a dealer with a permit must notify the RA within 30
days after any change in the application information specified in
paragraph (a) of this section or in Sec. 622.70(b), Sec. 622.220(b),
or Sec. 622.400(b). The permit is void if any change in the
information is not reported within 30 days.
* * * * *
(f) * * *
(1) Vessel permits, licenses, and endorsements and dealer permits.
A vessel permit, license, or endorsement or a dealer permit or
endorsement issued under this part is not transferable or assignable,
except as provided in the permits sections within subparts B through U
of this part, where applicable. A person who acquires a vessel or
dealership who desires to conduct activities for which a permit,
license, or endorsement is required must apply for a permit, license,
or endorsement in accordance with the provisions of this section and
other applicable sections of this part. If the acquired vessel or
dealership is currently permitted, the application must be accompanied
by the original permit, and a copy of a signed bill of sale or
equivalent acquisition papers. In those cases where a permit, license,
or endorsement is transferable, the seller must sign the back of the
permit, license, or endorsement and have the signed transfer document
notarized.
* * * * *
0
7. In Sec. 622.5, revise the introductory text and paragraph (a) and
paragraph (b) introductory text to read as follows:
Sec. 622.5 Recordkeeping and reporting--general.
This section contains recordkeeping and reporting requirements that
are broadly applicable, as specified, to most or all fisheries governed
by this part. Additional recordkeeping and reporting requirements
specific to each fishery are contained in the respective subparts B
through U of this part.
(a) Collection of additional data and fish inspection. In addition
to data required to be reported as specified in subparts B through U of
this part, as applicable, additional data will be collected by
authorized statistical reporting agents and by authorized officers. A
person who fishes for or possesses species in or from the EEZ governed
in this part is required to make the applicable fish or any part
thereof available for inspection by the SRD or an authorized officer on
request.
(b) Commercial vessel, charter vessel, and headboat inventory. The
owner or operator of a commercial vessel, charter vessel, or headboat
operating in a fishery governed in this part who is not selected to
report by the SRD under the recordkeeping and reporting requirements in
subparts B through U of this part, must provide the following
information when interviewed by the SRD:
* * * * *
0
8. In Sec. 622.6, revise the introductory text of paragraphs (a)(1)
and (2) to read as follows:
Sec. 622.6 Vessel identification.
* * * * *
(a) * * *
(1) Official number. A vessel for which a permit has been issued
under subparts B through U of this part, except for subpart R, and a
vessel that fishes for or possesses pelagic sargassum in the South
Atlantic EEZ, must display its official number--
* * * * *
(2) Official number and color code. The following vessels must
display their official number as specified in paragraph (a)(1) of this
section and, in addition, must display their assigned
[[Page 56216]]
color code: A vessel for which a permit has been issued to fish with a
sea bass pot, as required under Sec. 622.170(a)(1); and, in the EEZ
around Puerto Rico, St. Croix, or St. Thomas and St. John, a vessel
fishing commercially with traps for reef fish, as defined in subparts S
through U of this part, or a vessel fishing for spiny lobster, when
color codes are required and have been assigned to the vessel by Puerto
Rico or the U.S. Virgin Islands, as applicable. Color codes required
for vessels fishing in the EEZ around Puerto Rico, St. Croix, or St.
Thomas and St. John are assigned by Puerto Rico or the U.S. Virgin
Islands, as applicable. Color codes required in all other fisheries are
assigned by the RA. The color code must be displayed--
* * * * *
0
9. Revise Sec. 622.8 to read as follows:
Sec. 622.8 Quotas--general.
(a) Applicability. Quotas apply for the fishing year for each
species, species group, sector, or sector component unless
accountability measures are implemented during the fishing year
pursuant to the applicable annual catch limits (ACLs) and
accountability measures (AMs) sections within subparts B through U of
this part due to a quota overage occurring in the previous year, in
which case a reduced quota will be specified through notification in
the Federal Register. Annual quota increases are contingent on the
total allowable catch for the applicable species not being exceeded in
the previous fishing year. If the total allowable catch is exceeded in
the previous fishing year, the RA will file a notification with the
Office of the Federal Register to maintain the quota for the applicable
species, species group, sector, or sector component from the previous
fishing year for following fishing years unless NMFS determines based
upon the best scientific information available that maintaining the
quota from the previous year is unnecessary. Except for the quotas for
Gulf and South Atlantic coral, the quotas include species harvested
from state waters adjoining the EEZ.
(b) Quota closures. When a quota specified in this part is reached
or is projected to be reached, the Assistant Administrator will file a
notification to that effect with the Office of the Federal Register. On
and after the effective date of such notification, for the remainder of
the fishing year, the applicable closure restrictions for such a quota,
as specified in this part apply. See the applicable ACLs, annual catch
targets (ACTs), and AMs sections in subparts B through U of this part
for closure provisions when an applicable ACL or ACT is reached or
projected to be reached.
(c) Reopening. When a species, species group, sector, or sector
component has been closed based on a projection of the quota specified
in this part, or the ACL specified in the applicable ACL and
accountability measures sections of subparts B through U of this part
being reached and subsequent data indicate that the quota or ACL was
not reached, the Assistant Administrator may file a notification to
that effect with the Office of the Federal Register. Such notification
may reopen the species, species group, sector, or sector component to
provide an opportunity for the quota or ACL to be harvested.
0
10. In Sec. 622.9, revise the introductory text and paragraph (b) to
read as follows:
Sec. 622.9 Prohibited gear and methods--general.
This section contains prohibitions on use of gear and methods that
are of general applicability, as specified. Additional prohibitions on
use of gear and methods applicable to specific species or species
groups are contained in subparts B through U of this part.
* * * * *
(b) Chemicals and plants. A toxic chemical may not be used or
possessed in a coral area.
* * * * *
0
11. In Sec. 622.10, revise the introductory text and paragraph (b) to
read as follows:
Sec. 622.10 Landing fish intact--general.
This section contains requirements for landing fish intact that are
broadly applicable to finfish in the Gulf EEZ and Caribbean EEZ, as
specified. See subparts B through U of this part, as applicable, for
additional species-specific requirements for landing fish intact.
* * * * *
(b) Atlantic highly migratory species, such as tunas, billfishes
(marlins, spearfishes, and swordfish), and oceanic sharks are not
subject to the requirements of paragraph (a) of this section. See 50
CFR part 635 for any requirements applicable to landing Atlantic highly
migratory species intact.
* * * * *
0
12. Revise Sec. 622.11 to read as follows:
Sec. 622.11 Bag and possession limits--general applicability.
This section describes the general applicability provisions for bag
and possession limits specified in subparts B through U of this part.
(a) Applicability. (1) The bag and possession limits apply for a
species or species group in or from the EEZ. Unless specified
otherwise, bag limits apply to a person on a daily basis, regardless of
the number of trips in a day. Unless specified otherwise, a person is
limited to a single bag limit for a trip lasting longer than one
calendar day. Unless specified otherwise, possession limits apply to a
person on a trip after the first 24 hours of that trip. The bag and
possession limits apply to a person who fishes in the EEZ in any
manner, except a person on a vessel in the EEZ that has on board the
commercial vessel permit required under this part for the appropriate
species or species group. The possession of a commercial vessel permit
notwithstanding, the bag and possession limits apply when the vessel is
operating as a charter vessel or headboat. A person who fishes in the
EEZ may not combine a bag limit specified in subparts B through U of
this part with a bag or possession limit applicable to state waters. A
species or species group subject to a bag limit specified in subparts B
through U of this part and taken in the EEZ by a person subject to the
bag limits may not be transferred at sea, regardless of where such
transfer takes place, and such fish may not be transferred in the EEZ.
The operator of a vessel that fishes in the EEZ is responsible for
ensuring that the bag and possession limits specified in subparts B
through U of this part are not exceeded.
(2) [Reserved]
(b) [Reserved]
Sec. 622.12 [Removed and Reserved]
0
13. Remove and reserve Sec. 622.12.
Sec. 622.413 [Redesignated as Sec. 622.19]
0
14. Redesignate Sec. 622.413 as Sec. 622.19 in subpart A.
0
15. In newly redesignated Sec. 622.19, revise paragraphs (a) and
(b)(7) and (8) to read as follows:
Sec. 622.19 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, NMFS must publish a document in
the Federal Register and the material must be available to the public.
All approved material is available for inspection at NMFS and at the
National Archives and Records
[[Page 56217]]
Administration (NARA). Contact NMFS at: NMFS, Office of Sustainable
Fisheries, 1315 East-West Highway, Silver Spring, MD; 301-427-8500;
www.fisheries.noaa.gov/about/office-sustainable-fisheries. For
information on the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the source(s)
in paragraphs (b) and (c) of this section.
(b) * * *
(7) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal,
Rule 68B-55.002: Retrieval of Trap Debris, in effect as of October 15,
2007, IBR approved for Sec. Sec. 622.402(c) and 622.403(b).
(8) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal,
Rule 68B-55.004: Retrieval of Derelict and Traps Located in Areas
Permanently Closed to Trapping, in effect as of October 15, 2007, IBR
approved for Sec. Sec. 622.402(c) and 622.403(b).
* * * * *
0
16. In Sec. 622.409, revise paragraphs (a) introductory text and
(a)(2) to read as follows:
Sec. 622.409 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to the importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively.
* * * * *
(2) See subparts S, T, and U of this part for the more restrictive
minimum size limits that apply to spiny lobster imported into Puerto
Rico, St. Croix, and St. Thomas and St. John, respectively.
* * * * *
0
17. Revise subparts S, T, and U to read as follows:
Subpart S--FMP for the EEZ around Puerto Rico
Sec.
622.430 Management area.
622.431 Definitions.
622.432 [Reserved]
622.433 Vessel identification.
622.434 Gear identification.
622.435 Trap construction specifications and tending restrictions.
622.436 Anchoring restrictions.
622.437 Prohibited gear and methods.
622.438 Prohibited species.
622.439 Area and seasonal closures.
622.440 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
622.441 Size limits.
622.442 [Reserved]
622.443 Restrictions on sale or purchase.
622.444 Bag and possession limits.
622.445 Other harvest restrictions.
622.446 Spiny lobster import prohibitions.
622.447 Adjustment of management measures.
Subpart T--FMP for the EEZ around St. Croix
Sec.
622.470 Management area.
622.471 Definitions.
622.472 [Reserved]
622.473 Vessel identification.
622.474 Gear identification.
622.475 Trap construction specifications and tending restrictions.
622.476 Anchoring restrictions.
622.477 Prohibited gear and methods.
622.478 Prohibited species.
622.479 Area and seasonal closures.
622.480 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
622.481 Size limits.
622.482 Commercial trip limits.
622.483 Restrictions on sale or purchase.
622.484 Bag and possession limits.
622.485 Other harvest restrictions.
622.486 Spiny lobster import prohibitions.
622.487 Adjustment of management measures.
Subpart U--FMP for the EEZ around St. Thomas and St. John
Sec.
622.505 Management area.
622.506 Definitions.
622.507 [Reserved]
622.508 Vessel identification.
622.509 Gear identification.
622.510 Trap construction specifications and tending restrictions.
622.511 Anchoring restrictions.
622.512 Prohibited gear and methods.
622.513 Prohibited species.
622.514 Area and seasonal closures.
622.515 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
622.516 Size limits.
622.517 [Reserved]
622.518 Restrictions on sale or purchase.
622.519 Bag and possession limits.
622.520 Other harvest restrictions.
622.521 Spiny lobster import prohibitions.
622.522 Adjustment of management measures.
Subpart S--FMP for the EEZ around Puerto Rico
Sec. 622.430 Management area.
The management area is the EEZ around Puerto Rico bounded by rhumb
lines connecting the following points and geographic instructions in
order:
Table 1 to Sec. 622.430
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A (intersects with the 19[deg]37'29''.... 65[deg]20'57''
international and EEZ boundary).
B............................... 18[deg]25'46.3015' 65[deg]06'31.866''
'.
From Point B proceed southerly .................. ..................
along the 3-nautical mile
territorial boundary of the St.
Thomas and St. John island
group to Point C.
C............................... 18[deg]13'59.0606' 65[deg]05'33.058''
'.
D............................... 18[deg]01'16.9636' 64[deg]57'38.817''
'.
E............................... 17[deg]30'00.000'' 65[deg]20'00.1716'
'
F............................... 16[deg]02'53.5812' 65[deg]20'00.1716'
'. '
From Point F proceed along the .................. ..................
international and EEZ boundary
southwesterly, then northerly,
then easterly, and finally
southerly to Point A.
A (intersects with the 19[deg]37'29''.... 65[deg]20'57''
International and EEZ boundary).
------------------------------------------------------------------------
[[Page 56218]]
Sec. 622.431 Definitions.
In addition to the definitions and acronyms in Sec. 622.2, the
terms and acronyms used in this subpart have the following meanings:
Coral means any or all species, or a part thereof, of coral
occurring in the EEZ around Puerto Rico, including any or all species,
or a part thereof, of soft corals and gorgonians in Order Alcyonacea;
sea pens and sea pansies in Order Pennatulacea; black corals in Order
Antipatharia; stony corals in Order Scleractinia; and, within Order
Anthoatheacata, fire corals in Family Milleporidae and lace corals in
Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of
coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as
follows:
Table 1 to Sec. 622.431
------------------------------------------------------------------------
English common
Class or Family Scientific name name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae.... Coryphaena Dolphinfish.
hippurus.
Coryphaena Pompano
equiselis. dolphinfish.
Barracudas--Sphyraenidae........ Sphyraena Great barracuda.
barracuda.
Mackerels and tunas--Scombridae. Thunnus atlanticus Blackfin tuna.
Scomberomorus Cero.
regalis.
Scomberomorus King mackerel.
cavalla.
Euthynnus Little tunny.
alletteratus.
Acanthocybium Wahoo.
solandri.
Tripletails--Lobotidae.......... Lobotes Tripletail.
surinamensis.
------------------------------------------------------------------------
Queen conch means the species Lobatus gigas, or a part thereof.
Rays means any or all species, or a part thereof, as follows:
Table 2 to Sec. 622.431
------------------------------------------------------------------------
English common
Class or Family Scientific name name
------------------------------------------------------------------------
Eagle and manta rays-- Manta birostris... Giant manta.
Myliobatidae.
Aetobatus narinari Spotted eagle ray.
Stingrays--Dasyatidae........... Dasyatis americana Southern stingray.
------------------------------------------------------------------------
Reef fish means any or all species, or a part thereof, as follows:
Table 3 to Sec. 622.431
------------------------------------------------------------------------
English common
Class or Family Scientific name name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae...... Pomacanthus paru.. French angelfish.
Pomacanthus Gray angelfish.
arcuatus.
Holacanthus Queen angelfish.
ciliaris.
Groupers--Serranidae............ Mycteroperca Black grouper.
bonaci.
Cephalopholis Coney.
fulva.
Epinephelus Goliath grouper.
itajara.
Cephalopholis Graysby.
cruentata.
Hyporthodus Misty grouper.
mystacinus.
Epinephelus Nassau grouper.
striatus.
Epinephelus morio. Red grouper.
Epinephelus Red hind.
guttatus.
Epinephelus Rock hind.
adscensionis.
Mycteroperca Tiger grouper.
tigris.
Hyporthodus Yellowedge
flavolimbatus. grouper.
Mycteroperca Yellowfin grouper.
venenosa.
Mycteroperca Yellowmouth
interstitialis. grouper.
Grunts--Haemulidae.............. Haemulon plumierii White grunt.
Jacks--Carangidae............... Alectis ciliaris.. African pompano.
Caranx hippos..... Crevalle jack.
Elagatis Rainbow runner.
bipinnulata.
Parrotfishes--Scaridae.......... Scarus coeruleus.. Blue parrotfish.
Scarus coelestinus Midnight
parrotfish.
Scarus Princess
taeniopterus. parrotfish.
Scarus vetula..... Queen parrotfish.
Scarus guacamaia.. Rainbow
parrotfish.
Sparisoma Redband
aurofrenatum. parrotfish.
Sparisoma Redtail
chrysopterum. parrotfish.
Sparisoma viride.. Stoplight
parrotfish.
Scarus iseri...... Striped
parrotfish.
Snappers--Lutjanidae............ Apsilus dentatus.. Black snapper.
Lutjanus Blackfin snapper.
buccanella.
[[Page 56219]]
Pristipomoides Cardinal snapper.
macrophthalmus.
Lutjanus Cubera snapper.
cyanopterus.
Lutjanus jocu..... Dog snapper.
Lutjanus synagris. Lane snapper.
Lutjanus analis... Mutton snapper.
Etelis oculatus... Queen snapper.
Lutjanus apodus... Schoolmaster.
Lutjanus vivanus.. Silk snapper.
Rhomboplites Vermilion snapper.
aurorubens.
Pristipomoides Wenchman.
aquilonaris.
Ocyurus chrysurus. Yellowtail
snapper.
Surgeonfishes--Acanthuridae..... Acanthurus Blue tang.
coeruleus.
Acanthurus Doctorfish.
chirurgus.
Acanthurus tractus Ocean surgeonfish.
Triggerfishes--Balistidae....... Balistes capriscus Gray triggerfish.
Canthidermis Ocean triggerfish.
sufflamen.
Balistes vetula... Queen triggerfish.
Wrasses--Labridae............... Lachnolaimus Hogfish.
maximus.
Halichoeres Puddingwife.
radiatus.
Bodianus rufus.... Spanish hogfish.
------------------------------------------------------------------------
Sea cucumber means any or all species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ around Puerto Rico.
Sea urchin means any or all species of sea urchin, or a part
thereof, in Class Echinoidea and occurring in the EEZ around Puerto
Rico.
Spiny lobster trap means a trap and its component parts, including
the lines and buoys, used for or capable of taking spiny lobster and
meeting the spiny lobster trap construction specifications of this
subpart.
Sec. 622.432 [Reserved]
Sec. 622.433 Vessel identification.
See Sec. 622.6 for vessel identification requirements applicable
to this subpart.
Sec. 622.434 Gear identification.
(a) Reef fish--(1) Fish traps and associated buoys. All fish traps
used or possessed in the EEZ around Puerto Rico must display the
official number specified for the vessel by Puerto Rico or the U.S.
Virgin Islands. A fish trap that is fished individually, rather than
tied together in a trap line, must have at least one buoy attached that
floats on the surface. Fish traps that are tied together in a trap line
must have at least one buoy that floats at the surface attached at each
end of the trap line. All buoys must display the official number and
color code assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ
around Puerto Rico will be presumed to be the property of the most
recently documented owner. This presumption will not apply with respect
to such traps that are lost or sold if the owner reports the loss or
sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish
trap or buoy deployed in the EEZ around Puerto Rico is illegal and may
be disposed of in any appropriate manner by the Assistant Administrator
or an authorized officer.
(b) [Reserved]
(c) Spiny lobster--(1) Spiny lobster traps and associated buoys.
All spiny lobster traps used or possessed in the EEZ around Puerto Rico
must display the official number specified for the vessel by Puerto
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished
individually, rather than tied together in a trap line, must have at
least one buoy attached that floats on the surface. Spiny lobster traps
that are tied together in a trap line must have at least one buoy that
floats at the surface attached at each end of the trap line. All buoys
must display the official number and color code assigned to the vessel
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny
lobster trap in the EEZ around Puerto Rico will be presumed to be the
property of the most recently documented owner. This presumption will
not apply with respect to such traps that are lost or sold if the owner
reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An
unmarked spiny lobster trap or buoy deployed in the EEZ around Puerto
Rico is illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
Sec. 622.435 Trap construction specifications and tending
restrictions.
(a) Reef fish--(1) Construction specifications--(i) Minimum mesh
size. A bare-wire fish trap used or possessed in the EEZ around Puerto
Rico that has hexagonal mesh openings must have a minimum mesh size of
1.5 inches (3.8 cm) in the smallest dimension measured between centers
of opposite strands. A bare-wire fish trap used or possessed in the EEZ
around Puerto Rico that has other than hexagonal mesh openings or a
fish trap of other than bare wire, such as coated wire or plastic, used
or possessed in the EEZ around Puerto Rico, must have a minimum mesh
size of 2 inches (5.1 cm) in the smallest dimension measured between
centers of opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ
around Puerto Rico must have a panel located on one side of the trap,
excluding the top, bottom, and side containing the trap entrance. The
opening covered by the panel must measure not less than 8 by 8 inches
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than
the mesh size of the trap. The panel must be attached to the trap with
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm).
An access door may serve as the panel, provided it is on an appropriate
side, it is hinged only at its bottom, its only other fastening is
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm),
and such fastening is at the top of the door so that the door will fall
open when such twine degrades. Jute twine used to secure a panel may
not be wrapped or overlapped.
[[Page 56220]]
(2) Tending restrictions. A fish trap in the EEZ around Puerto Rico
may be pulled or tended only by a person (other than an authorized
officer) aboard the fish trap owner's vessel, or aboard another vessel
if such vessel has on board written consent of the trap owner, or if
the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
(b) [Reserved]
(c) Spiny lobster--(1) Construction specifications--
(i) Escape mechanisms. A spiny lobster trap used or possessed in
the EEZ around Puerto Rico must contain on any vertical side or on the
top a panel no smaller in diameter than the throat or entrance of the
trap. The panel must be made of or attached to the trap by one of the
following degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to
tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around
Puerto Rico may be pulled or tended only by a person (other than an
authorized officer) aboard the trap owner's vessel, or aboard another
vessel if such vessel has on board written consent of the trap owner,
or if the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
Sec. 622.436 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or
commercial, that fishes for or possesses reef fish in or from the EEZ
around Puerto Rico must ensure that the vessel uses only an anchor
retrieval system that recovers the anchor by its crown, thereby
preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode
reversal bar that runs parallel along the shank, which allows the rode
to reverse and slip back toward the crown. For a fluke- or plow-type
anchor, a trip line consisting of a line from the crown of the anchor
to a surface buoy is required.
Sec. 622.437 Prohibited gear and methods.
Also see Sec. 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases all
fisheries.
(a) Reef fish--(1) Poisons. A poison, drug, or other chemical may
not be used to fish for reef fish in the EEZ around Puerto Rico.
(2) Powerheads. A powerhead may not be used in the EEZ around
Puerto Rico to harvest reef fish. The possession of a mutilated reef
fish in or from the EEZ around Puerto Rico and a powerhead constitutes
a rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around Puerto Rico to fish for reef fish. The
possession of a reef fish in or from the EEZ around Puerto Rico and a
gillnet or trammel net constitutes a rebuttable presumption of a
violation of this paragraph (a)(3). A gillnet or trammel net used in
the EEZ around Puerto Rico to fish for any other species must be tended
at all times.
(b) [Reserved]
(c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar
device may not be used in the EEZ around Puerto Rico to harvest a spiny
lobster. The possession of a speared, pierced, or punctured spiny
lobster in or from the EEZ around Puerto Rico constitutes a rebuttable
presumption of a violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around Puerto Rico to fish for spiny lobster. The
possession of a spiny lobster in or from the EEZ around Puerto Rico and
a gillnet or trammel net constitutes a rebuttable presumption of a
violation of this paragraph (c)(2). A gillnet or trammel net used in
the EEZ around Puerto Rico to fish for any other species must be tended
at all times.
Sec. 622.438 Prohibited species.
The harvest and possession restrictions of this section apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ around Puerto Rico is responsible for the limit
applicable to that vessel. Any of the following species caught in the
EEZ around Puerto Rico must be released immediately with a minimum of
harm.
(a) Reef fish. No person may fish for or possess the following reef
fish species in or from the EEZ around Puerto Rico.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or
sea urchin may not be fished for or possessed in or from the EEZ around
Puerto Rico. The taking of coral in the EEZ around Puerto Rico is not
considered unlawful possession provided it is returned immediately to
the sea in the general area of fishing.
(e) Queen conch. No person may fish for or possess queen conch in
or from the EEZ around Puerto Rico.
(f) Rays. No person may fish for or possess giant manta, spotted
eagle ray, or southern stingray in or from the EEZ around Puerto Rico.
Sec. 622.439 Area and seasonal closures.
(a) Closures applicable to specific areas--(1) Abrir La Sierra Bank
red hind spawning aggregation area. Abrir La Sierra Bank is bounded by
rhumb lines connecting, in order, the points listed in Table 1 to this
paragraph (a)(1).
(i) From December 1 through the last day of February, each year,
fishing is prohibited in Abrir La Sierra Bank.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in Abrir La Sierra Bank.
Table 1 to Sec. 622.439(a)(1)--Abrir La Sierra Bank
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A 18[deg]06.5'.......... 67[deg]26.9'
B 18[deg]06.5'.......... 67[deg]23.9'
C 18[deg]03.5'.......... 67[deg]23.9'
D 18[deg]03.5'.......... 67[deg]26.9'
A 18[deg]06.5'.......... 67[deg]26.9'
------------------------------------------------------------------------
(2) Tourmaline Bank red hind spawning aggregation area. Tourmaline
Bank is bounded by rhumb lines connecting, in order, the points listed
in Table 2 to this paragraph (a)(2).
(i) From December 1 through the last day of February, each year,
fishing is prohibited in those parts of Tourmaline Bank that are in the
EEZ around Puerto Rico.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in those parts of Tourmaline Bank
that are in the EEZ around Puerto Rico.
Table 2 to Sec. 622.439(a)(2)--Tourmaline Bank
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A 18[deg]11.2'.......... 67[deg]22.4'
B 18[deg]11.2'.......... 67[deg]19.2'
C 18[deg]08.2'.......... 67[deg]19.2'
D 18[deg]08.2'.......... 67[deg]22.4'
A 18[deg]11.2'.......... 67[deg]22.4'
------------------------------------------------------------------------
[[Page 56221]]
(3) Bajo de Sico. Bajo de Sico is bounded by rhumb lines
connecting, in order, the points listed in Table 3 to this paragraph
(a)(3).
(i) From October 1 through March 31, each year, no person may fish
for or possess any reef fish in or from those parts of Bajo de Sico
that are in the EEZ around Puerto Rico. The prohibition on possession
does not apply to such reef fish harvested and landed ashore prior to
the closure.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in those parts of Bajo de Sico
that are in the EEZ around Puerto Rico.
(iii) Anchoring by fishing vessels is prohibited year-round in
those parts of Bajo de Sico that are in the EEZ around Puerto Rico.
Table 3 to Sec. 622.439(a)(3)--Bajo de Sico
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A 18[deg]15.7'.......... 67[deg]26.4'
B 18[deg]15.7'.......... 67[deg]23.2'
C 18[deg]12.7'.......... 67[deg]23.2'
D 18[deg]12.7'.......... 67[deg]26.4'
A 18[deg]15.7'.......... 67[deg]26.4'
------------------------------------------------------------------------
(b) Seasonal closures applicable to specific species--(1) Black,
red, tiger, yellowedge, and yellowfin grouper closure. From February 1
through April 30, each year, no person may fish for or possess black,
red, tiger, yellowedge, or yellowfin grouper in or from the EEZ around
Puerto Rico. The prohibition on possession does not apply to such
grouper harvested and landed ashore prior to the closure.
(2) Red hind closure. From December 1 through the last day of
February, each year, no person may fish for or possess red hind in or
from the EEZ around Puerto Rico west of 67[deg]10' W. longitude. The
prohibition on possession does not apply to red hind harvested and
landed ashore prior to the closure.
(3) Black, blackfin, silk, and vermilion snapper closure. From
October 1 through December 31, each year, no person may fish for or
possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around Puerto Rico. The prohibition on possession does not apply to
such snapper harvested and landed ashore prior to the closure.
(4) Lane and mutton snapper closure. From April 1 through June 30,
each year, no person may fish for or possess lane or mutton snapper in
or from the EEZ around Puerto Rico. The prohibition on possession does
not apply to such snapper harvested and landed ashore prior to the
closure.
Sec. 622.440 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Reef fish. For those fishing commercially, the applicable ACL
is the commercial ACL. For those fishing recreationally, the applicable
ACL is the recreational ACL. 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 ACL for the stock or stock complex.
(1) Commercial ACLs. The commercial ACLs are as follows and given
in round weight.
Table 1 to Sec. 622.440(a)(1)
----------------------------------------------------------------------------------------------------------------
Stock or stock complex and species
Family composition Commercial ACL
----------------------------------------------------------------------------------------------------------------
Angelfishes............................. Angelfish--French angelfish, gray 137 lb (62.1 kg).
angelfish, queen angelfish.
Groupers................................ Grouper 3--coney,\1\ graysby.............. 23,890 lb (10,836.3 kg).
Grouper 4--black grouper, red grouper, 2,492 lb (1,130.3 kg)
tiger grouper, yellowfin grouper,
yellowmouth grouper.
Grouper 5--misty grouper, yellowedge 15,327 lb (6,952.2 kg).
grouper.
Grouper 6--red hind,\1\ rock hind......... 121,729 lb (55,215.3 kg).
Grunts.................................. Grunts--white grunt....................... 177,923 lb (80,704.5 kg).
Jacks................................... Jacks 1--crevalle jack.................... 46 lb (20.8 kg).
Jacks 2--African pompano.................. 1,052 lb (477.1 kg).
Jacks 3--rainbow runner................... 913 lb (414.1 kg).
Parrotfishes............................ Parrotfish 2--princess parrotfish, queen 147,774 lb (67,029.1 kg).
parrotfish, redband parrotfish, redtail
parrotfish, stoplight parrotfish, striped
parrotfish.
Snappers................................ Snapper 1--black snapper, blackfin 424,009 lb (192,327.2 kg).
snapper, silk snapper,\1\ vermilion
snapper, wenchman.
Snapper 2--cardinal snapper, queen snapper 257,236 lb (116,680.2 kg).
\1\.
Snapper 3--lane snapper................... 244,376 lb (110,847 kg).
Snapper 4--dog snapper, mutton snapper,\1\ 116,434 lb (52,813.5 kg).
schoolmaster.
Snapper 5--yellowtail snapper............. 315,806 lb (143,247.1 kg).
Snapper 6--cubera snapper................. 119 lb (53.9 kg).
Surgeonfishes........................... Surgeonfish--blue tang, doctorfish, ocean 147 lb (66.6 kg).
surgeonfish.
Triggerfishes........................... Triggerfish--gray triggerfish, ocean 83,099 lb (37,693 kg).
triggerfish, queen triggerfish \1\.
Wrasses................................. Wrasses 1--hogfish........................ 70,140 lb (31,814.9 kg).
Wrasses 2--puddingwife, Spanish hogfish... 20,126 lb (9,129 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Indicator stock.
(2) Recreational ACLs. The recreational ACLs are as follows and
given in round weight.
Table 2 to Sec. 622.440(a)(2)
----------------------------------------------------------------------------------------------------------------
Stock or stock complex and species
Family composition Recreational ACL
----------------------------------------------------------------------------------------------------------------
Angelfishes............................. Angelfish--French angelfish, gray 2,985 lb (1,353.9 kg).
angelfish, queen angelfish.
Groupers................................ Grouper 3--coney,\1\ graysby.............. 19,634 lb (8,905.8 kg).
[[Page 56222]]
Grouper 4--black grouper, red grouper, 5,867 lb (2,661.2 kg).
tiger grouper, yellowfin grouper,
yellowmouth grouper.
Grouper 5--misty grouper, yellowedge 4,225 lb (1,916.4 kg).
grouper.
Grouper 6--red hind,\1\ rock hind......... 34,493 lb (15,645.7 kg).
Grunts.................................. Grunts--white grunt....................... 2,461 lb (1,116.2 kg).
Jacks................................... Jacks 1--crevalle jack.................... 41,894 lb (19,002.7 kg).
Jacks 2--African pompano.................. 5,719 lb (2,594 kg).
Jacks 3--rainbow runner................... 8,091 lb (3,670 kg).
Parrotfishes............................ Parrotfish 2--princess parrotfish, queen 17,052 lb (7,734.6 kg).
parrotfish, redband parrotfish, redtail
parrotfish, stoplight parrotfish, striped
parrotfish.
Snappers................................ Snapper 1--black snapper, blackfin 111,943 lb (50,776.4 kg).
snapper, silk snapper,\1\ vermilion
snapper, wenchman.
Snapper 2--cardinal snapper, queen snapper 24,974 lb (11,328 kg).
\1\.
Snapper 3--lane snapper................... 21,603 lb (9,798.9 kg).
Snapper 4--dog snapper, mutton snapper,* 76,625 lb (34,756.5 kg).
schoolmaster.
Snapper 5--yellowtail snapper............. 23,988 lb (10,880.7 kg).
Snapper 6--cubera snapper................. 6,448 lb (2,924.7 kg).
Surgeonfishes........................... Surgeonfish--blue tang, doctorfish, ocean 860 lb (390 kg).
surgeonfish.
Triggerfishes........................... Triggerfish--gray triggerfish, ocean 7,453 lb (3,380.6 kg).
triggerfish, queen triggerfish \1\.
Wrasses................................. Wrasses 1--hogfish........................ 8,263 lb (3,748 kg).
Wrasses 2--puddingwife, Spanish hogfish... 5,372 lb (2,436.6 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Indicator stock.
(3) Total ACLs. The total ACLs (combined commercial and
recreational ACLs) are as follows and given in round weight.
Table 3 to Sec. 622.440(a)(3)
----------------------------------------------------------------------------------------------------------------
Stock or stock complex and species
Family composition Total ACL
----------------------------------------------------------------------------------------------------------------
Angelfishes............................. Angelfish--French angelfish, gray 3,122 lb (1,416.1 kg).
angelfish, queen angelfish.
Groupers................................ Grouper 3--coney,\1\ graysby.............. 43,524 lb (19,742.1 kg).
Grouper 4--black grouper, red grouper, 8,359 lb (3,791.5 kg).
tiger grouper, yellowfin grouper,
yellowmouth grouper.
Grouper 5--misty grouper, yellowedge 19,552 lb (8,868.6 kg).
grouper.
Grouper 6--red hind,\1\ rock hind......... 156,222 lb (70,861.1 kg).
Grunts.................................. Grunts--white grunt....................... 180,384 lb (81,820.8 kg).
Jacks................................... Jacks 1--crevalle jack.................... 41,940 lb (19,023.6 kg).
Jacks 2--African pompano.................. 6,771 lb (3,071.2 kg).
Jacks 3--rainbow runner................... 9,004 lb (4,084.1 kg).
Parrotfishes............................ Parrotfish 2--princess parrotfish, queen 164,826 lb (74,763.8 kg).
parrotfish, redband parrotfish, redtail
parrotfish, stoplight parrotfish, striped
parrotfish.
Snappers................................ Snapper 1--black snapper, blackfin 535,952 lb (243,103.7 kg).
snapper, silk snapper,\1\ vermilion
snapper, wenchman.
Snapper 2--cardinal snapper, queen snapper 282,210 lb (128,008.3 kg).
\1\.
Snapper 3--lane snapper................... 265,979 lb (120,646 kg).
Snapper 4--dog snapper, mutton snapper,\1\ 193,059 lb (87,570 kg).
schoolmaster.
Snapper 5--yellowtail snapper............. 339,794 lb (154,127.9 kg).
Snapper 6--cubera snapper................. 6,567 lb (2,978.7 kg).
Surgeonfishes........................... Surgeonfish--blue tang, doctorfish, ocean 1,007 lb (456.7 kg).
surgeonfish.
Triggerfishes........................... Triggerfish--gray triggerfish, ocean 90,552 lb (41,073.6 kg).
triggerfish, queen triggerfish \1\.
Wrasses................................. Wrasses 1--hogfish........................ 78,403 lb (35,563 kg).
Wrasses 2--puddingwife, Spanish hogfish... 25,498 lb (11,565.6 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Indicator stock.
(4) General applicability and monitoring of AMs. At or near the
beginning the fishing year, landings for each stock, stock complex, or
indicator stock will be evaluated relative to the ACL based on a moving
multi-year average of landings, as described in the FMP. 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 ACL for the stock
or stock complex and the AM specified in paragraph (a)(7) of this
section applies. Any fishing season reduction required under paragraph
(a) of this section will be applied starting from September 30 and
moving earlier toward the beginning of the fishing year. If the length
of the required fishing season reduction exceeds the time period of
January 1 through September 30, any additional fishing season reduction
will be applied starting from October 1 and moving later toward the end
of the fishing year.
(5) Commercial AMs. If NMFS estimates that commercial landings for
a stock, stock complex, or indicator stock have exceeded the applicable
commercial ACL specified in paragraph (a)(1) of this section for the
stock or stock complex, and the combined commercial and recreational
landings for the stock, stock complex, or
[[Page 56223]]
indicator stock have exceeded the applicable combined commercial and
recreational sector ACL (total ACL) specified in paragraph (a)(3) of
this section for that stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA) will file a notification with the
Office of the Federal Register to reduce the length of the commercial
fishing season for the stock or stock complex within that fishing year
by the amount necessary to prevent commercial landings from exceeding
the commercial ACL for the stock or stock complex, unless NMFS
determines that a fishing season reduction is not necessary based on
the best scientific information available. If NMFS determines that
either the commercial ACL or total ACL for the stock or stock complex
was exceeded because data collection or monitoring improved rather than
because landings increased, NMFS will not reduce the length of the
commercial fishing season for the stock or stock complex.
(6) Recreational AMs. If NMFS estimates that recreational landings
for a stock, stock complex, or indicator stock have exceeded the
applicable recreational ACL specified in paragraph (a)(2) of this
section for the stock or stock complex, and the combined commercial and
recreational landings for the stock, stock complex, or indicator stock
have exceeded the applicable combined commercial and recreational ACL
(total ACL) specified in paragraph (a)(3) of this section for that
stock or stock complex, the AA will file a notification with the Office
of the Federal Register to reduce the length of the recreational
fishing season for the stock or stock complex within that fishing year
by the amount necessary to prevent recreational landings from exceeding
the recreational ACL for the stock or stock complex, unless NMFS
determines that a fishing season reduction is not necessary based on
the best scientific information available. If NMFS determines that
either the recreational ACL or total ACL for the stock or stock complex
was exceeded because data collection or monitoring improved rather than
because landings increased, NMFS will not reduce the length of the
recreational fishing season for the stock or stock complex.
(7) AM when only one sector's landings are available. When landings
for one sector are not available for comparison to that sector's ACL,
the ACL for the sector with available landings in paragraph (a) of this
section is the applicable ACL for the stock or stock complex. If NMFS
estimates that available landings for the stock, stock complex, or
indicator stock, have exceeded the applicable ACL for the stock or
stock complex, the AA will file a notification with the Office of the
Federal Register to reduce the length of the fishing season for the
stock or stock complex within that fishing year by the amount necessary
to prevent landings from exceeding the ACL, unless NMFS determines that
a fishing season reduction is not necessary based on the best
scientific information available. If NMFS determines that the ACL was
exceeded because data collection or monitoring improved rather than
because landings increased, NMFS will not reduce the length of the
fishing season for the stock or stock complex.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
Indicator stocks are noted in the relevant tables to paragraph (a) of
this section. For those fishing commercially, the applicable ACL is the
commercial ACL and the applicable ACT is the commercial ACT. For those
fishing recreationally, the applicable ACL is the recreational ACL and
the applicable ACT is the recreational ACT. When landings for one
sector are not available for comparison to that sector's ACL and ACT,
the ACL and ACT for the sector with available landings are the ACL and
ACT for the stock or stock complex.
(1) Barracuda--great barracuda. (i) Commercial ACL--495 lb (224.5
kg).
(ii) Commercial ACT--445 lb (201.8 kg).
(iii) Recreational ACL--167,693 lb (76,064.2 kg).
(iv) Recreational ACT--150,924 lb (68,457.9 kg).
(2) Dolphinfishes--dolphinfish, pompano dolphinfish. (i) Commercial
ACL--232,173 lb (105,311.9 kg).
(ii) Commercial ACT--208,956 lb (94,780.8 kg).
(iii) Recreational ACL--1,513,873 lb (686,681.2 kg).
(iv) Recreational ACT--1,362,486 lb (618,013.2 kg).
(3) Mackerels--cero, king mackerel. (i) Commercial ACL--232,422 lb
(105,424.8 kg).
(ii) Commercial ACT--209,180 lb (94,882.4 kg).
(iii) Recreational ACL--129,180 lb (58,595 kg).
(iv) Recreational ACT--116,262 lb (52,735.5 kg).
(4) Tripletail. (i) Commercial ACL--270 lb (122.4 kg).
(ii) Commercial ACT--243 lb (110.2 kg).
(iii) Recreational ACL--39,005 lb (17,692.3 kg).
(iv) Recreational ACT--35,105 lb (15,923.3 kg).
(5) Tunas--blackfin tuna, little tunny. (i) Commercial ACL--82,779
lb (37,547.9 kg).
(ii) Commercial ACT--74,501 lb (33,793 kg).
(iii) Recreational ACL--34,485 lb (15,642.1 kg).
(iv) Recreational ACT--31,037 lb (14,078.1 kg).
(6) Wahoo. (i) Commercial ACL--25,911 lb (11,753 kg).
(ii) Commercial ACT--23,320 lb (10,577.7 kg).
(iii) Recreational ACL--210,737 lb (95,588.6 kg).
(iv) Recreational ACT--189,663 lb (86,029.6 kg).
(7) Pelagic fish AM application. At or near the beginning the
fishing year, landings for each stock, stock complex, or indicator
stock will be evaluated relative to the applicable ACT for the stock or
stock complex based on a moving multi-year average of landings, as
described in the FMP. If NMFS estimates that landings have exceeded the
applicable ACT specified in paragraph (b) of this section for a stock
or stock complex, NMFS in consultation with the Caribbean Fishery
Management Council will determine appropriate corrective action.
(c) Spiny lobster. (1) ACL--527,232 lb (239,148.4 kg), round
weight.
(2) At or near the beginning the fishing year, landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACL specified in paragraph (c)(1) of this section, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for spiny lobster within that
fishing year by the amount necessary to prevent landings from exceeding
the ACL, unless NMFS determines that a fishing season reduction is not
necessary based on the best scientific information available. If NMFS
determines the ACL was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season. Any fishing season reduction required
under this paragraph (c)(2) will be applied starting from September 30
and moving earlier toward the beginning of the fishing year. If the
length of the required fishing season reduction exceeds the time period
of January 1 through September 30, any additional fishing season
reduction will be applied starting from October 1 and moving later
toward the end of the fishing year.
(d)-(e) [Reserved]
(f) Closure provisions for reef fish and spiny lobster--(1)
Restrictions applicable during a commercial closure
[[Page 56224]]
for a reef fish stock or stock complex in the EEZ around Puerto Rico.
During the closure period announced in the notification filed pursuant
to paragraph (a)(5) of this section, the commercial sector included in
the notification is closed, and such stock or stock complex in or from
the EEZ around Puerto Rico may not be purchased or sold. Harvest or
possession of such reef fish stock or stock complex in or from the EEZ
around Puerto Rico is limited to the recreational bag and possession
limits. If the recreational sector for such stock or stock complex also
is closed, such stock or stock complex in or from the EEZ around Puerto
Rico may not be harvested, possessed, purchased, or sold, and the bag
and possession limits are zero.
(2) Restrictions applicable during a recreational closure for a
reef fish stock or stock complex in the EEZ around Puerto Rico. During
the closure period announced in the notification filed pursuant to
paragraph (a)(6) of this section, the recreational sector for the reef
fish stock or stock complex included in the notification is closed, and
the bag and possession limits for such stock or stock complex in or
from the EEZ around Puerto Rico are zero. If the commercial sector for
such stock or stock complex also is closed, such stock or stock complex
in or from the EEZ around Puerto Rico may not be harvested, possessed,
purchased, or sold, and the bag and possession limits are zero.
(3) Restrictions applicable during a closure for a reef fish stock
or stock complex in the EEZ around Puerto Rico when only one sector's
landings are available. During the closure period announced in the
notification filed pursuant to paragraph (a)(7) of this section, the
fishing season for the reef fish stock or stock complex included in the
notification is closed, and such stock or stock complex in or from the
EEZ around Puerto Rico may not be harvested, possessed, purchased, or
sold, and the bag and possession limits for such stock or stock complex
are zero.
(4) Restrictions applicable during a spiny lobster closure in the
EEZ around Puerto Rico. During the closure period announced in the
notification filed pursuant to paragraph (c)(2) of this section, the
fishing season for spiny lobster is closed, and spiny lobster in or
from the EEZ around Puerto Rico may not be harvested, possessed,
purchased, or sold, and the bag and possession limits are zero.
Sec. 622.441 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. A fish not in compliance with its size limit in or
from the EEZ around Puerto Rico may not be possessed, sold, or
purchased, and must be released immediately with a minimum of harm. The
operator of a vessel that fishes in the EEZ around Puerto Rico is
responsible for ensuring that all species on board are in compliance
with the size limits specified in this section. See Sec. 622.10
regarding requirements for landing fish intact. See Sec. 622.445(c)(2)
regarding requirements for landing spiny lobster intact.
(a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
Sec. 622.442 [Reserved]
Sec. 622.443 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from
the EEZ around Puerto Rico may not be sold or purchased and used in the
marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or purchase a coral harvested in
the EEZ around Puerto Rico.
(2) A coral that is sold in Puerto Rico will be presumed to have
been harvested in the EEZ around Puerto Rico, unless it is accompanied
by documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual harvesting the coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting
that, to the best of his or her knowledge, information, and belief,
such coral was harvested from other than in the EEZ around Puerto Rico
or the waters of Puerto Rico or the U.S. Virgin Islands.
Sec. 622.444 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and
possession limits. However, Sec. 622.11(a) notwithstanding, the bag
limits of this section do not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5
per person per day or, if 3 or more persons are aboard, 15 per vessel
per day; but not to exceed 2 parrotfish per person per day or 6
parrotfish per vessel per day.
(2) Angelfishes, grunts, jacks, surgeonfishes, triggerfishes, and
wrasses combined--5 per person per day or, if 3 or more persons are
aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per
person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
Sec. 622.445 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny
lobster. Egg-bearing spiny lobster in the EEZ around Puerto Rico must
be returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a spiny lobster trap, provided the trap is returned
immediately to the water. An egg-bearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in any other manner molested, in
order to remove the eggs.
(2) Landing spiny lobster intact. (i) A spiny lobster in or from
the EEZ around Puerto Rico must be maintained with head and carapace
intact through offloading ashore.
(ii) The operator of a vessel that fishes in the EEZ around Puerto
Rico is responsible for ensuring that spiny lobster on that vessel are
maintained intact through offloading ashore, as specified in this
section.
Sec. 622.446 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce
(170-gram) tail weight into Puerto Rico. For the purposes of paragraph
(a) of this section, a 6-ounce (170-gram) tail weight is defined as a
tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation
accompanying an imported spiny lobster, including but not limited to
product packaging, customs entry forms, bills of lading,
[[Page 56225]]
brokerage forms, or commercial invoices, indicates that the product
does not satisfy the minimum tail-weight, the person importing such
spiny lobster has the burden to prove that such spiny lobster does
satisfy the minimum tail-weight requirement or that such spiny lobster
has a tail length of 6.2 inches (15.75 cm) or greater or that such
spiny lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has
the burden to prove that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is
satisfied, such spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 622.409 regarding the minimum size limit that applies
to spiny lobster imported into any place subject to the jurisdiction of
the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts T and U of this part for the minimum size limits
that apply to spiny lobster imported into St. Croix and St. Thomas and
St. John, respectively.
(b) Additional spiny lobster import prohibitions--(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
are the first five pairs of abdominal appendages.
Sec. 622.447 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the EEZ around Puerto Rico, the RA may establish or
modify the following items.
(a) Standard open framework procedures. Re-specify maximum
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), acceptable biological catch (ABC), ACL, ACT,
sustainable yield level, and other related management reference points
and status determination criteria; establish or revise rebuilding
plans; revise AMs; modify reporting or monitoring requirements, and
time or area closures and closure procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking
requirements, maintaining fish in a specific condition, size limits,
commercial trip limits, recreational bag and possession limits, changes
to the length of an established closed season of no more than 1 day,
and gear modifications to address conservation issues including
responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.
Subpart T--FMP for the EEZ Around St. Croix
Sec. 622.470 Management area.
The management area is the EEZ around St. Croix bounded by rhumb
lines connecting the following points and geographic instructions in
order:
Table 1 to Sec. 622.470
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
G....................................... 18[deg]03'03'' 64[deg] 38' 03''
From Point G proceed along the .................................. ..................................
international and EEZ boundary
easterly, then southerly, then
southwesterly to Point F.
F....................................... 16[deg] 02'53.5812'' 65[deg]20'00.1716''
E....................................... 17[deg]30'00.000'' 65[deg]20'00.1716''
D....................................... 18[deg]01'16.9636'' 64[deg]57'38.817''
G....................................... 18[deg]03'03'' 64[deg]38'03''
----------------------------------------------------------------------------------------------------------------
Sec. 622.471 Definitions.
In addition to the definitions and acronyms in Sec. 622.2, the
terms and acronyms used in this subpart have the following meanings:
Coral means any or all species, or a part thereof, of coral
occurring in the EEZ around St. Croix, including any or all species, or
a part thereof, of soft corals and gorgonians in Order Alcyonacea; sea
pens and sea pansies in Order Pennatulacea; black corals in Order
Antipatharia; stony corals in Order Scleractinia; and, within Order
Anthoatheacata, fire corals in Family Milleporidae and lace corals in
Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of
coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as
follows:
Table 1 to Sec. 622.471
------------------------------------------------------------------------
English common
Class or Family Scientific name name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae.... Coryphaena Dolphinfish.
hippurus.
Mackerels and tunas--Scombridae. Acanthocybium Wahoo.
solandri.
------------------------------------------------------------------------
Queen conch means the species Lobatus gigas, or a part thereof.
Reef fish means any or all species, or a part thereof, as follows:
[[Page 56226]]
Table 2 to Sec. 622.471
------------------------------------------------------------------------
English common
Class or family Scientific name name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae...... Pomacanthus paru.. French angelfish.
Pomacanthus Gray angelfish.
arcuatus.
Holacanthus Queen angelfish.
ciliaris.
Groupers--Serranidae............ Mycteroperca Black grouper.
bonaci.
Cephalopholis Coney.
fulva.
Epinephelus Goliath grouper.
itajara.
Cephalopholis Graysby.
cruentata.
Hyporthodus Misty grouper.
mystacinus.
Epinephelus Nassau grouper.
striatus.
Epinephelus morio. Red grouper.
Epinephelus Red hind.
guttatus.
Epinephelus Rock hind.
adscensionis.
Mycteroperca Tiger grouper.
tigris.
Mycteroperca Yellowfin grouper.
venenosa.
Grunts--Haemulidae.............. Haemulon sciurus.. Bluestriped grunt.
Haemulon plumierii White grunt.
Parrotfishes--Scaridae.......... Scarus coeruleus.. Blue parrotfish.
Scarus coelestinus Midnight
parrotfish.
Scarus Princess
taeniopterus. parrotfish.
Scarus vetula..... Queen parrotfish.
Scarus guacamaia.. Rainbow
parrotfish.
Sparisoma Redband
aurofrenatum. parrotfish.
Sparisoma Redfin parrotfish.
rubripinne.
Sparisoma Redtail
chrysopterum. parrotfish.
Sparisoma viride.. Stoplight
parrotfish.
Scarus iseri...... Striped
parrotfish.
Snappers--Lutjanidae............ Apsilus dentatus.. Black snapper.
Lutjanus Blackfin snapper.
buccanella.
Lutjanus griseus.. Gray snapper.
Lutjanus synagris. Lane snapper.
Lutjanus analis... Mutton snapper.
Etelis oculatus... Queen snapper.
Lutjanus apodus... Schoolmaster.
Lutjanus vivanus.. Silk snapper.
Rhomboplites Vermilion snapper.
aurorubens.
Ocyurus chrysurus. Yellowtail
snapper.
Squirrelfishes--Holocentridae... Holocentrus rufus. Longspine
squirrelfish.
Surgeonfishes--Acanthuridae..... Acanthurus Blue tang.
coeruleus.
Acanthurus Doctorfish.
chirurgus.
Acanthurus tractus Ocean surgeonfish.
Triggerfishes--Balistidae....... Balistes vetula... Queen triggerfish.
------------------------------------------------------------------------
Sea cucumber means any or all species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ of St. Croix.
Sea urchin means any or all species of sea urchin, or a part
thereof, in Class Echinoidea and occurring in the EEZ of St. Croix.
Spiny lobster trap means a trap and its component parts, including
the lines and buoys, used for or capable of taking spiny lobster and
meeting the spiny lobster trap construction specifications of this
subpart.
Sec. 622.472 [Reserved]
Sec. 622.473 Vessel identification.
See Sec. 622.6 for vessel identification requirements applicable
to this subpart.
Sec. 622.474 Gear identification.
(a) Reef fish--(1) Fish traps and associated buoys. All fish traps
used or possessed in the EEZ around St. Croix must display the official
number specified for the vessel by Puerto Rico or the U.S. Virgin
Islands. A fish trap that is fished individually, rather than tied
together in a trap line, must have at least one buoy attached that
floats on the surface. Fish traps that are tied together in a trap line
must have at least one buoy that floats at the surface attached at each
end of the trap line. All buoys must display the official number and
color code assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ
around St. Croix will be presumed to be the property of the most
recently documented owner. This presumption will not apply with respect
to such traps that are lost or sold if the owner reports the loss or
sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish
trap or buoy deployed in the EEZ around St. Croix is illegal and may be
disposed of in any appropriate manner by the Assistant Administrator or
an authorized officer.
(b) [Reserved]
(c) Spiny lobster--(1) Spiny lobster traps and associated buoys.
All spiny lobster traps used or possessed in the EEZ around St. Croix
must display the official number specified for the vessel by Puerto
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished
individually, rather than tied together in a trap line, must have at
least one buoy attached that floats on the surface. Spiny lobster traps
that are tied together in a trap line must have at least one buoy that
floats at the surface attached at each end of the trap line. All buoys
must display the official number and color code assigned to the vessel
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny
lobster trap in the EEZ around St. Croix will be presumed
[[Page 56227]]
to be the property of the most recently documented owner. This
presumption will not apply with respect to such traps that are lost or
sold if the owner reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An
unmarked spiny lobster trap or buoy deployed in the EEZ around St.
Croix is illegal and may be disposed of in any appropriate manner by
the Assistant Administrator or an authorized officer.
Sec. 622.475 Trap construction specifications and tending
restrictions.
(a) Reef fish--(1) Construction specifications--(i) Minimum mesh
size. A bare-wire fish trap used or possessed in the EEZ around St.
Croix that has hexagonal mesh openings must have a minimum mesh size of
1.5 inches (3.8 cm) in the smallest dimension measured between centers
of opposite strands. A bare-wire fish trap used or possessed in the EEZ
around St. Croix that has other than hexagonal mesh openings or a fish
trap of other than bare wire, such as coated wire or plastic, used or
possessed in the EEZ around St. Croix, must have a minimum mesh size of
2 inches (5.1 cm) in the smallest dimension measured between centers of
opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ
around St. Croix must have a panel located on one side of the trap,
excluding the top, bottom, and side containing the trap entrance. The
opening covered by the panel must measure not less than 8 by 8 inches
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than
the mesh size of the trap. The panel must be attached to the trap with
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm).
An access door may serve as the panel, provided it is on an appropriate
side, it is hinged only at its bottom, its only other fastening is
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm),
and such fastening is at the top of the door so that the door will fall
open when such twine degrades. Jute twine used to secure a panel may
not be wrapped or overlapped.
(2) Tending restrictions. A fish trap in the EEZ around St. Croix
may be pulled or tended only by a person (other than an authorized
officer) aboard the fish trap owner's vessel, or aboard another vessel
if such vessel has on board written consent of the trap owner, or if
the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
(b) [Reserved]
(c) Spiny lobster--(1) Construction specifications--(i) Escape
mechanisms. A spiny lobster trap used or possessed in the EEZ around
St. Croix must contain on any vertical side or on the top a panel no
smaller in diameter than the throat or entrance of the trap. The panel
must be made of or attached to the trap by one of the following
degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to
tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around
St. Croix may be pulled or tended only by a person (other than an
authorized officer) aboard the trap owner's vessel, or aboard another
vessel if such vessel has on board written consent of the trap owner,
or if the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
Sec. 622.476 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or
commercial, that fishes for or possesses reef fish in or from the EEZ
around St. Croix must ensure that the vessel uses only an anchor
retrieval system that recovers the anchor by its crown, thereby
preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode
reversal bar that runs parallel along the shank, which allows the rode
to reverse and slip back toward the crown. For a fluke- or plow-type
anchor, a trip line consisting of a line from the crown of the anchor
to a surface buoy is required.
Sec. 622.477 Prohibited gear and methods.
Also see Sec. 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases all
fisheries.
(a) Reef fish--(1) Poisons. A poison, drug, or other chemical may
not be used to fish for reef fish in the EEZ around St. Croix.
(2) Powerheads. A powerhead may not be used in the EEZ around St.
Croix to harvest reef fish. The possession of a mutilated reef fish in
or from the EEZ around St. Croix and a powerhead constitutes a
rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Croix to fish for reef fish. The possession
of a reef fish in or from the EEZ around St. Croix and a gillnet or
trammel net constitutes a rebuttable presumption of a violation of this
paragraph (a)(3). A gillnet or trammel net used in the EEZ around St.
Croix to fish for any other species must be tended at all times.
(b) [Reserved]
(c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar
device may not be used in the EEZ around St. Croix to harvest a spiny
lobster. The possession of a speared, pierced, or punctured spiny
lobster in or from the EEZ around St. Croix constitutes a rebuttable
presumption of a violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Croix to fish for spiny lobster. The
possession of a spiny lobster in or from the EEZ around St. Croix and a
gillnet or trammel net constitutes a rebuttable presumption of a
violation of this paragraph (c)(2). A gillnet or trammel net used in
the EEZ around St. Croix to fish for any other species must be tended
at all times.
(d) [Reserved]
(e) Queen conch. In the EEZ around St. Croix, no person may harvest
queen conch by diving while using a device that provides a continuous
air supply from the surface.
Sec. 622.478 Prohibited species.
The harvest and possession restrictions of this section apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ around St. Croix is responsible for the limit
applicable to that vessel. Any of the following species caught in the
EEZ around St. Croix must be released immediately with a minimum of
harm.
(a) Reef fish. No person may fish for or possess the following reef
fish species in or from the EEZ around St. Croix.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)--(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or
sea urchin may not be fished for or possessed in or from the EEZ around
St. Croix. The taking of coral in the EEZ around St. Croix is not
considered unlawful possession provided it is
[[Page 56228]]
returned immediately to the sea in the general area of fishing.
(e) [Reserved]
Sec. 622.479 Area and seasonal closures.
(a) Closures applicable to specific areas--(1) Mutton snapper
spawning aggregation area. The mutton snapper spawning aggregation area
is bounded by rhumb lines connecting, in order, the points listed in
Table 1 to this paragraph (a).
(i) From March 1 through June 30, each year, fishing is prohibited
in those parts of the mutton snapper spawning aggregation area that are
in the EEZ around St. Croix.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in those parts of the mutton
snapper spawning aggregation area that are in the EEZ around St. Croix.
Table 1 to Sec. 622.479(a)--Mutton Snapper Spawning Aggregation Area
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A....................................... 17[deg]37.8' 64[deg]53.0'
B....................................... 17[deg]39.0' 64[deg]53.0'
C....................................... 17[deg]39.0' 64[deg]50.5'
D....................................... 17[deg]38.1' 64[deg]50.5'
E....................................... 17[deg]37.8' 64[deg]52.5'
A....................................... 17[deg]37.8' 64[deg]53.0'
----------------------------------------------------------------------------------------------------------------
(2) Red hind spawning aggregation area east of St. Croix. The red
hind spawning aggregation area east of St. Croix is bounded by rhumb
lines connecting, in order, the points listed in Table 2 to this
paragraph (a)(2).
(i) From December 1 through the last day of February, each year,
fishing is prohibited in the red hind spawning aggregation area east of
St. Croix.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in the red hind spawning
aggregation area east of St. Croix.
Table 2 to Sec. 622.479(a)(2)--Red Hind Spawning Aggregation Area East of St. Croix
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A....................................... 17[deg]50.2' 64[deg]27.9'
B....................................... 17[deg]50.1' 64[deg]26.1'
C....................................... 17[deg]49.2' 64[deg]25.8'
D....................................... 17[deg]48.6' 64[deg]25.8'
E....................................... 17[deg]48.1' 64[deg]26.1'
F....................................... 17[deg]47.5' 64[deg]26.9'
A....................................... 17[deg]50.2' 64[deg]27.9'
----------------------------------------------------------------------------------------------------------------
(b) Seasonal closures applicable to specific species--(1) Black,
red, tiger, and yellowfin grouper closure. From February 1 through
April 30, each year, no person may fish for or possess black, red,
tiger, or yellowfin grouper in or from the EEZ around St. Croix. The
prohibition on possession does not apply to such grouper harvested and
landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion snapper closure. From
October 1 through December 31, each year, no person may fish for or
possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around St. Croix. The prohibition on possession does not apply to such
snapper harvested and landed ashore prior to the closure.
(3) Lane and mutton snapper closure. From April 1 through June 30,
each year, no person may fish for or possess lane or mutton snapper in
or from the EEZ around St. Croix. The prohibition on possession does
not apply to such snapper harvested and landed ashore prior to the
closure.
(4) Queen conch. No person may fish for or possess a queen conch in
or from the EEZ around St. Croix, except from November 1 through May 31
in the area east of 64[deg]34' W longitude, which includes Lang Bank.
Sec. 622.480 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Reef fish. (1) The ACLs are as follows and given in round
weight.
Table 1 to Sec. 622.480(a)(1)
------------------------------------------------------------------------
Stock or stock complex
Family and species ACL
composition
------------------------------------------------------------------------
Angelfishes................... Angelfish--French 6,412 lb
angelfish, gray (2,908.4 kg).
angelfish, queen
angelfish.
Groupers...................... Grouper 3--coney,\1\ 13,529 lb
graysby. (6,136.6 kg).
Grouper 4--red 11,849 lb
hind,\1\ rock hind. (5,374.6 kg).
Grouper 5--black 701 lb (317.9
grouper, red grouper, kg).
tiger grouper,
yellowfin grouper.
Grouper 6--misty 77 lb (34.9 kg).
grouper.
Grunts........................ Grunts--bluestriped 27,169 lb
grunt, white grunt. (12,323.6 kg).
Parrotfishes.................. Parrotfish 2--princess 72,365 lb
parrotfish, queen (32,824.2 kg).
parrotfish, redband
parrotfish, redfin
parrotfish, redtail
parrotfish,\1\
stoplight
parrotfish,\1\
striped parrotfish.
Snappers...................... Snapper 1--black 61,455 lb
snapper, blackfin (27,875.5 kg).
snapper,\1\ silk
snapper,\1\ vermilion
snapper.
[[Page 56229]]
Snapper 2--queen 7,911 lb
snapper. (3,588.3 kg).
Snapper 3--gray 14,156 lb (6,421
snapper, lane snapper. kg).
Snapper 4--mutton 8,513 lb
snapper. (3,861.4 kg).
Snapper 5-- 22,879 lb
schoolmaster. (10,377.7 kg).
Snapper 6--yellowtail 15,670 lb
snapper. (7,107.7 kg).
Squirrelfishes................ Squirrelfish--longspin 3,514 (1,593.9
e squirrelfish. kg).
Surgeonfishes................. Surgeonfish--blue 39,061 lb
tang, doctorfish, (17,717.7 kg).
ocean surgeonfish.
Triggerfishes................. Triggerfish--queen 21,450 lb
triggerfish. (9,729.5 kg).
------------------------------------------------------------------------
\1\ Indicator stock.
(2) At or near the beginning the fishing year, landings for each
stock, stock complex, or indicator stock will be evaluated relative to
the ACL based on a moving multi-year average of landings, as described
in the FMP. If NMFS estimates that landings for a stock, stock complex,
or indicator stock have exceeded the ACL specified in paragraph (a)(1)
of this section for the stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA) will file a notification with the
Office of the Federal Register to reduce the length of the fishing
season for the stock or stock complex within that fishing year by the
amount necessary to prevent landings from exceeding the ACL for the
stock or stock complex, unless NMFS determines that a fishing season
reduction is not necessary based on the best scientific information
available. If NMFS determines that the ACL for a particular stock or
stock complex was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season for the stock or stock complex. Any
fishing season reduction required under this paragraph (a)(2) will be
applied starting from September 30 and moving earlier toward the
beginning of the fishing year. If the length of the required fishing
season reduction exceeds the time period of January 1 through September
30, any additional fishing season reduction will be applied starting
from October 1 and moving later toward the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
(1) Dolphinfish. (i) ACL--86,633 lb (39,296 kg).
(ii) ACT--77,970 lb (35,366.5 kg).
(2) Wahoo. (i) ACL--27,260 lb (12,364.9 kg).
(ii) ACT--24,534 lb (11,128.4 kg).
(3) Pelagic fish AM application. At or near the beginning the
fishing year, landings for the stock or stock complex will be evaluated
relative to the ACT for the stock or stock complex based on a moving
multi-year average of landings, as described in the FMP. If NMFS
estimates that landings have exceeded the ACT specified in paragraph
(b) of this section, NMFS in consultation with the Caribbean Fishery
Management Council will determine appropriate corrective action.
(c) Spiny lobster. (1) ACL--197,528 lb (89,597.1 kg), round weight.
(2) At or near the beginning the fishing year, landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACL specified in paragraph (c)(1) of this section, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for spiny lobster within that
fishing year by the amount necessary to prevent landings from exceeding
the ACL, unless NMFS determines that a fishing season reduction is not
necessary based on the best scientific information available. If NMFS
determines the ACL was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season. Any fishing season reduction required
under this paragraph (c)(2) will be applied starting from September 30
and moving earlier toward the beginning of the fishing year. If the
length of the required fishing season reduction exceeds the time period
of January 1 through September 30, any additional fishing season
reduction will be applied starting from October 1 and moving later
toward the end of the fishing year.
(d) [Reserved]
(e) Queen conch. (1) ACL--50,000 lb (22,679.6 kg), round weight.
(2) If NMFS estimates landings reach or are projected to reach the
ACL specified in paragraph (e)(1) of this section, the AA will close
the area east of 64[deg]34' W longitude in the EEZ around St. Croix to
the harvest and possession of queen conch by filing a notification of
the closure with the Office of the Federal Register. During the closure
period, no person may fish for or possess a queen conch in or from the
area east of 64[deg]34' W longitude in the EEZ around St. Croix.
(f) Closure provisions for reef fish, spiny lobster, and queen
conch. The following restrictions apply during a fishing season closure
for reef fish, spiny lobster, or queen conch in the EEZ around St.
Croix. During the closure period announced in the notification filed
pursuant to paragraph (a)(2), (c)(2), or (e)(2) of this section, such
stock or stock complex in or from the EEZ around St. Croix may not be
harvested, possessed, purchased, or sold, and the commercial trip
limits and recreational bag and possession limits are zero.
Sec. 622.481 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. A fish not in compliance with its size limit in or
from the EEZ around St. Croix may not be possessed, sold, or purchased,
and must be released immediately with a minimum of harm. The operator
of a vessel that fishes in the EEZ around St. Croix is responsible for
ensuring that all species on board are in compliance with the size
limits specified in this section. See Sec. 622.10 regarding
requirements for landing fish intact. See Sec. 622.485(c)(2) regarding
requirements for landing spiny lobster intact. See Sec. 622.485(e)
regarding requirements for landing queen conch with the meat and shell
intact.
(a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
(2) Parrotfishes, except for redband parrotfish, and prohibited
blue parrotfish, midnight parrotfish, or rainbow parrotfish--9 inches
(22.9 cm), FL.
(3) Redband parrotfish--8 inches (20.3 cm), FL.
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
(d) [Reserved]
(e) Queen conch. (1) The minimum size limit is either 9 inches
(22.9 cm) in
[[Page 56230]]
length, that is, from the tip of the spire to the distal end of the
shell, or \3/8\-inch (9.5 mm) in lip width at its widest point.
(2) A queen conch not in compliance with its size limit, as
specified in paragraph (e)(1) of this section, in or from the EEZ
around St. Croix, may not be possessed, sold, or purchased and must be
released immediately with a minimum of harm. The operator of a vessel
that fishes in the EEZ around St. Croix is responsible for ensuring
that queen conch on board are in compliance with the size limit
specified in paragraph (e)(1) this section.
Sec. 622.482 Commercial trip limits.
Commercial trip limits are limits on the amount of the applicable
species that may be possessed on board or landed, purchased, or sold
from a vessel per day. A person who fishes in the EEZ around St. Croix
may not combine a trip limit specified in this section with any trip or
possession limit applicable to state waters. A species subject to a
trip limit specified in this section taken in the EEZ around St. Croix
may not be transferred at sea, regardless of where such transfer takes
place.
(a) Queen conch. (1) 200.
(2) The trip limits specified in paragraph (a)(1) of this section
apply to a vessel that has at least one person on board with a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands. If no person on the vessel has a valid commercial fishing
license issued by Puerto Rico or the U.S. Virgin Islands, the bag and
possession limits specified in Sec. 622.484(e) apply.
(b) [Reserved]
Sec. 622.483 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from
the EEZ around St. Croix may not be sold or purchased and used in the
marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or purchase a coral harvested in
the EEZ around St. Croix.
(2) A coral that is sold in St. Croix will be presumed to have been
harvested in the EEZ around St. Croix, unless it is accompanied by
documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual harvesting the coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting
that, to the best of his or her knowledge, information, and belief,
such coral was harvested from other than in the EEZ around St. Croix or
the waters of Puerto Rico or the U.S. Virgin Islands.
Sec. 622.484 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and
possession limits. However, Sec. 622.11(a) notwithstanding, the bag
limits of this section do not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5
per person per day or, if 3 or more persons are aboard, 15 per vessel
per day; but not to exceed 2 parrotfish per person per day or 6
parrotfish per vessel per day.
(2) Angelfishes, grunts, squirrelfishes, surgeonfishes, and
triggerfishes combined--5 per person per day or, if 3 or more persons
are aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per
person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
(d) [Reserved]
(e) Queen conch. 3 per person per day or, if more than 4 persons
are aboard, 12 per vessel per day.
Sec. 622.485 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny
lobster. Egg-bearing spiny lobster in the EEZ around St. Croix must be
returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a spiny lobster trap, provided the trap is returned
immediately to the water. An egg-bearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in any other manner molested, in
order to remove the eggs.
(2) Landing spiny lobster intact. (i) A spiny lobster in or from
the EEZ around St. Croix must be maintained with head and carapace
intact through offloading ashore.
(ii) The operator of a vessel that fishes in the EEZ around St.
Croix is responsible for ensuring that spiny lobster on that vessel are
maintained intact through offloading ashore, as specified in this
section.
(d) [Reserved]
(e) Queen conch. (1) A queen conch in or from the EEZ around St.
Croix must be maintained with meat and shell intact through offloading
ashore.
(2) The operator of a vessel that fishes in the EEZ around St.
Croix is responsible for ensuring that queen conch on that vessel are
maintained intact through offloading ashore, as specified in this
section.
Sec. 622.486 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St
Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce
(170-gram) tail weight into St. Croix. For the purposes of paragraph
(a) of this section, a 6-ounce (170-gram) tail weight is defined as a
tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation
accompanying an imported spiny lobster, including but not limited to
product packaging, customs entry forms, bills of lading, brokerage
forms, or commercial invoices, indicates that the product does not
satisfy the minimum tail-weight, the person importing such spiny
lobster has the burden to prove that such spiny lobster does satisfy
the minimum tail-weight requirement or that such spiny lobster has a
tail length of 6.2 inches (15.75 cm) or greater or that such spiny
lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has
the burden to prove that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is
satisfied, such spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 622.409 regarding the minimum size limit that applies
to spiny lobster imported into any place subject to the jurisdiction of
the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts S and U of this part for the minimum size limits
that apply to spiny lobster imported into Puerto Rico and St. Thomas
and St. John, respectively.
(b) Additional spiny lobster import prohibitions--(1) Prohibition
related to
[[Page 56231]]
tail meat. No person may import into any place subject to the
jurisdiction of the United States spiny lobster tail meat that is not
in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
are the first five pairs of abdominal appendages.
Sec. 622.487 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the EEZ around St Croix, the RA may establish or
modify the following items.
(a) Standard open framework procedures. Re-specify maximum
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), acceptable biological catch (ABC), ACL, ACT,
sustainable yield level, and other related management reference points
and status determination criteria; establish or revise rebuilding
plans; revise AMs; modify reporting or monitoring requirements, and
time or area closures and closure procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking
requirements, maintaining fish in a specific condition, size limits,
commercial trip limits, recreational bag and possession limits, changes
to the length of an established closed season of no more than 1 day,
and gear modifications to address conservation issues including
responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.
Subpart U--FMP for the EEZ around St. Thomas and St. John
Sec. 622.505 Management area.
The management area is the EEZ around St. Thomas and St. John
bounded by rhumb lines connecting the following points and geographic
instructions in order:
Table 1 to Sec. 622.505
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A (intersects with the international and 19[deg]37'29'' 65[deg]20'57''
EEZ boundary).
From Point A proceed along the .................................. ..................................
international and EEZ boundary
southeasterly to Point G.
G....................................... 18[deg]03'03'' 64[deg]38'03''
D....................................... 18[deg]01'16.9636'' 64[deg]57'38.817''
C....................................... 18[deg]13'59.0606'' 65[deg]05'33.058''
From Point C proceed along the 3- .................................. ..................................
nautical mile territorial boundary
around St. Thomas and St. John
northerly to Point B.
B....................................... 18[deg]25'46.3015'' 65[deg]06'31.866''
A (intersects with the international and 19[deg]37'29'' 65[deg]20'57''
EEZ boundary).
----------------------------------------------------------------------------------------------------------------
Sec. 622.506 Definitions.
In addition to the definitions and acronyms in Sec. 622.2, the
terms and acronyms used in this subpart have the following meanings:
Coral means any or all species, or a part thereof, of coral
occurring in the EEZ around St. Thomas and St. John, including any or
all species, or a part thereof, of soft corals and gorgonians in Order
Alcyonacea; sea pens and sea pensies in Order Pennatulacea; black
corals in Order Antipatharia; and stony corals in Order Scleractinia;
and, within Order Anthoatheacata, fire corals in Family Milleporidae
and lace corals in Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of
coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as
follows:
Table 1 to Sec. 622.506
------------------------------------------------------------------------
English common
Class or family Scientific name name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae.... Coryphaena Dolphinfish.
hippurus.
Mackerels and tunas--Scombridae. Acanthocybium Wahoo.
solandri.
------------------------------------------------------------------------
Queen conch means the species Lobatus gigas, or a part thereof.
Reef fish means any or all species, or a part thereof, as follows:
Table 2 to Sec. 622.506
------------------------------------------------------------------------
English common
Class or family Scientific name name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae...... Pomacanthus paru.. French angelfish.
Pomacanthus Gray angelfish.
arcuatus.
Holacanthus Queen angelfish.
ciliaris.
Groupers--Serranidae............ Mycteroperca Black grouper.
bonaci.
Cephalopholis Coney.
fulva.
Epinephelus Goliath grouper.
itajara.
Hyporthodus Misty grouper.
mystacinus.
Epinephelus Nassau grouper.
striatus.
Epinephelus morio. Red grouper.
Epinephelus Red hind.
guttatus.
Mycteroperca Tiger grouper.
tigris.
[[Page 56232]]
Hyporthodus Yellowedge
flavolimbatus. grouper.
Mycteroperca Yellowfin grouper.
venenosa.
Mycteroperca Yellowmouth
interstitialis. grouper.
Grunts--Haemulidae.............. Haemulon sciurus.. Bluestriped grunt.
Haemulon album.... Margate.
Haemulon plumierii White grunt.
Jacks--Carangidae............... Caranx crysos..... Blue runner.
Parrotfishes--Scaridae.......... Scarus coeruleus.. Blue parrotfish.
Scarus coelestinus Midnight
parrotfish.
Scarus Princess
taeniopterus. parrotfish.
Scarus vetula..... Queen parrotfish.
Scarus guacamaia.. Rainbow
parrotfish.
Sparisoma Redband
aurofrenatum. parrotfish.
Sparisoma Redfin parrotfish.
rubripinne.
Sparisoma Redtail
chrysopterum. parrotfish.
Sparisoma viride.. Stoplight
parrotfish.
Scarus iseri...... Striped
parrotfish.
Porgies--Sparidae............... Calamus bajonado.. Jolthead porgy.
Calamus calamus... Saucereye porgy.
Archosargus Sea bream.
rhomboidalis.
Calamus penna..... Sheepshead porgy.
Snappers--Lutjanidae............ Apsilus dentatus.. Black snapper.
Lutjanus Blackfin snapper.
buccanella.
Lutjanus synagris. Lane snapper.
Lutjanus analis... Mutton snapper.
Etelis oculatus... Queen snapper.
Lutjanus vivanus.. Silk snapper.
Rhomboplites Vermilion snapper.
aurorubens.
Ocyurus chrysurus. Yellowtail
snapper.
Surgeonfishes--Acanthuridae..... Acanthurus Blue tang.
coeruleus.
Acanthurus Doctorfish.
chirurgus.
Acanthurus tractus Ocean surgeonfish.
Triggerfishes--Balistidae....... Balistes vetula... Queen triggerfish.
Wrasses--Labridae............... Lachnolaimus Hogfish.
maximus.
------------------------------------------------------------------------
Sea cucumber means any or all species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ of St. Thomas and St. John.
Sea urchin means any or all species of sea urchin, or a part
thereof, in Class Echinoidea and occurring in the EEZ of St. Thomas and
St. John.
Spiny lobster trap means a trap and its component parts, including
the lines and buoys, used for or capable of taking spiny lobster and
meeting the spiny lobster trap construction specifications of this
subpart.
Sec. 622.507 [Reserved]
Sec. 622.508 Vessel identification.
See Sec. 622.6 for vessel identification requirements applicable
to this subpart.
Sec. 622.509 Gear identification.
(a) Reef fish--(1) Fish traps and associated buoys. All fish traps
used or possessed in the EEZ around St. Thomas and St. John must
display the official number specified for the vessel by Puerto Rico or
the U.S. Virgin Islands. A fish trap that is fished individually,
rather than tied together in a trap line, must have at least one buoy
attached that floats on the surface. Fish traps that are tied together
in a trap line must have at least one buoy that floats at the surface
attached at each end of the trap line. All buoys must display the
official number and color code assigned to the vessel by Puerto Rico or
the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ
around St. Thomas and St. John will be presumed to be the property of
the most recently documented owner. This presumption will not apply
with respect to such traps that are lost or sold if the owner reports
the loss or sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish
trap or buoy deployed in the EEZ around St. Thomas and St. John is
illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster--(1) Spiny lobster traps and associated buoys.
All spiny lobster traps used or possessed in the EEZ around St. Thomas
and St. John must display the official number specified for the vessel
by Puerto Rico or the U.S. Virgin Islands. A spiny lobster trap that is
fished individually, rather than tied together in a trap line, must
have at least one buoy attached that floats on the surface. Spiny
lobster traps that are tied together in a trap line must have at least
one buoy that floats at the surface attached at each end of the trap
line. All buoys must display the official number and color code
assigned to the vessel by Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny
lobster trap in the EEZ around St. Thomas and St. John will be presumed
to be the property of the most recently documented owner. This
presumption will not apply with respect to such traps that are lost or
sold if the owner reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An
unmarked spiny lobster trap or buoy deployed in the EEZ around St.
Thomas and St. John is illegal and may be disposed of in any
appropriate manner by the Assistant Administrator or an authorized
officer.
Sec. 622.510 Trap construction specifications and tending
restrictions.
(a) Reef fish--(1) Construction specifications--(i) Minimum mesh
size. A bare-wire fish trap used or possessed
[[Page 56233]]
in the EEZ around St. Thomas and St. John that has hexagonal mesh
openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the
smallest dimension measured between centers of opposite strands. A
bare-wire fish trap used or possessed in the EEZ around St. Thomas and
St. John that has other than hexagonal mesh openings or a fish trap of
other than bare wire, such as coated wire or plastic, used or possessed
in the EEZ around St. Thomas and St. John, must have a minimum mesh
size of 2 inches (5.1 cm) in the smallest dimension measured between
centers of opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ
around St. Thomas and St. John must have a panel located on one side of
the trap, excluding the top, bottom, and side containing the trap
entrance. The opening covered by the panel must measure not less than 8
by 8 inches (20.3 by 20.3 cm). The mesh size of the panel may not be
smaller than the mesh size of the trap. The panel must be attached to
the trap with untreated jute twine with a diameter not exceeding \1/8\-
inch (3.2 mm). An access door may serve as the panel, provided it is on
an appropriate side, it is hinged only at its bottom, its only other
fastening is untreated jute twine with a diameter not exceeding \1/8\-
inch (3.2 mm), and such fastening is at the top of the door so that the
door will fall open when such twine degrades. Jute twine used to secure
a panel may not be wrapped or overlapped.
(2) Tending restrictions. A fish trap in the EEZ around St. Thomas
and St. John may be pulled or tended only by a person (other than an
authorized officer) aboard the fish trap owner's vessel, or aboard
another vessel if such vessel has on board written consent of the trap
owner, or if the trap owner is aboard and has documentation verifying
his identification number and color code. An owner's written consent
must specify the time period such consent is effective and the trap
owner's gear identification number and color code.
(b) [Reserved]
(c) Spiny lobster--(1) Construction specifications--(i) Escape
mechanisms. A spiny lobster trap used or possessed in the EEZ around
St. Thomas and St. John must contain on any vertical side or on the top
a panel no smaller in diameter than the throat or entrance of the trap.
The panel must be made of or attached to the trap by one of the
following degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to
tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around
St. Thomas and St. John may be pulled or tended only by a person (other
than an authorized officer) aboard the trap owner's vessel, or aboard
another vessel if such vessel has on board written consent of the trap
owner, or if the trap owner is aboard and has documentation verifying
his identification number and color code. An owner's written consent
must specify the time period such consent is effective and the trap
owner's gear identification number and color code.
Sec. 622.511 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or
commercial, that fishes for or possesses reef fish in or from the EEZ
around St. Thomas and St. John must ensure that the vessel uses only an
anchor retrieval system that recovers the anchor by its crown, thereby
preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode
reversal bar that runs parallel along the shank, which allows the rode
to reverse and slip back toward the crown. For a fluke- or plow-type
anchor, a trip line consisting of a line from the crown of the anchor
to a surface buoy is required.
Sec. 622.512 Prohibited gear and methods.
Also see Sec. 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases all
fisheries.
(a) Reef fish--(1) Poisons. A poison, drug, or other chemical may
not be used to fish for reef fish in the EEZ around St. Thomas and St.
John.
(2) Powerheads. A powerhead may not be used in the EEZ around St.
Thomas and St. John to harvest reef fish. The possession of a mutilated
reef fish in or from the EEZ around St. Thomas and St. John and a
powerhead constitutes a rebuttable presumption of a violation of this
paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Thomas and St. John to fish for reef fish.
The possession of a reef fish in or from the EEZ around St. Thomas and
St. John and a gillnet or trammel net constitutes a rebuttable
presumption of a violation of this paragraph (a)(3). A gillnet or
trammel net used in the EEZ around St. Thomas and St. John to fish for
any other species must be tended at all times.
(b) [Reserved]
(c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar
device may not be used in the EEZ around St. Thomas and St. John to
harvest a spiny lobster. The possession of a speared, pierced, or
punctured spiny lobster in or from the EEZ around St. Thomas and St.
John constitutes a rebuttable presumption of a violation of this
paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Thomas and St. John to fish for spiny
lobster. The possession of a spiny lobster in or from the EEZ around
St. Thomas and St. John and a gillnet or trammel net constitutes a
rebuttable presumption of a violation of this paragraph (c)(2). A
gillnet or trammel net used in the EEZ around St. Thomas and St. John
to fish for any other species must be tended at all times.
Sec. 622.513 Prohibited species.
The harvest and possession restrictions of this section apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ around St. Thomas and St. John is responsible
for the limit applicable to that vessel. Any of the following species
caught in the EEZ around St. Thomas and St. John must be released
immediately with a minimum of harm.
(a) Reef fish. No person may fish for or possess the following reef
fish species in or from the EEZ around St. Thomas and St. John.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or
sea urchin may not be fished for or possessed in or from the EEZ around
St. Thomas and St. John. The taking of coral in the EEZ around St.
Thomas and St. John is not considered unlawful possession provided it
is returned immediately to the sea in the general area of fishing.
(e) Queen conch. No person may fish for or possess queen conch in
or from the EEZ around St. Thomas and St. John.
Sec. 622.514 Area and seasonal closures.
(a) Closures applicable to specific areas--(1) Grammanik Bank. The
Grammanik Bank is bounded by rhumb lines connecting, in order, the
points listed in Table 1 to this paragraph (a)(1).
[[Page 56234]]
(i) From February 1 through April 30, each year, no person may fish
for or possess any species of fish, except highly migratory species, in
or from the Grammanik Bank. The prohibition on possession does not
apply to such fish harvested and landed ashore prior to the closure.
For the purpose of this paragraph (a)(1)(i), fish means finfish,
mollusks, crustaceans, and all other forms of marine animal and plant
life other than marine mammals and birds. Highly migratory species
means bluefin, bigeye, yellowfin, albacore, and skipjack tunas;
swordfish; sharks (listed in appendix A to part 635 of this title); and
white marlin, blue marlin, sailfish, and longbill spearfish.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in the Grammanik Bank.
Table 1 to Sec. 622.514(a)(1)--Grammanik Bank
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A....................................... 18[deg]11.898' 64[deg]56.328'
B....................................... 18[deg]11.645' 64[deg]56.225'
C....................................... 18[deg]11.058' 64[deg]57.810'
D....................................... 18[deg]11.311' 64[deg]57.913'
A....................................... 18[deg]11.898' 64[deg]56.328'
----------------------------------------------------------------------------------------------------------------
(2) Hind Bank Marine Conservation District (MCD). The Hind Bank MCD
is bounded by rhumb lines connecting, in order, the points listed in
Table 2 to this paragraph (a)(2). Fishing for any species and anchoring
by fishing vessels is prohibited year-round in those parts of the Hind
Bank MCD that are in the EEZ around St. Thomas and St. John.
Table 2 to Sec. 622.514(a)(2)--Hind Bank MCD
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A....................................... 18[deg]13.2' 65[deg]06.0'
B....................................... 18[deg]13.2' 64[deg]59.0'
C....................................... 18[deg]11.8' 64[deg]59.0'
D....................................... 18[deg]10.7' 65[deg]06.0'
A....................................... 18[deg]13.2' 65[deg]06.0'
----------------------------------------------------------------------------------------------------------------
(b) Seasonal closures applicable to specific species--(1) Black,
red, tiger, yellowedge, and yellowfin grouper closure. From February 1
through April 30, each year, no person may fish for or possess black,
red, tiger, yellowedge, or yellowfin grouper in or from the EEZ around
St. Thomas and St. John. The prohibition on possession does not apply
to such grouper harvested and landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion snapper closure. From
October 1 through December 31, each year, no person may fish for or
possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around St. Thomas and St. John. The prohibition on possession does not
apply to such snapper harvested and landed ashore prior to the closure.
(3) Lane and mutton snapper closure. From April 1 through June 30,
each year, no person may fish for or possess lane or mutton snapper in
or from the EEZ around St. Thomas and St. John. The prohibition on
possession does not apply to such snapper harvested and landed ashore
prior to the closure.
Sec. 622.515 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Reef fish. (1) The following ACLs are as follows and given in
round weight.
Table 1 to Sec. 622.515(a)(1)
----------------------------------------------------------------------------------------------------------------
Stock or stock complex and
Family species composition ACL
----------------------------------------------------------------------------------------------------------------
Angelfishes........................... Angelfish--French angelfish, 18,297 lb (8,299.3 kg).
gray angelfish,\1\ queen
angelfish.
Groupers.............................. Grouper 3--coney, red hind 65,030 lb (29,497.1 kg).
\1\.
Grouper 4--black grouper, red 2,254 lb (1,022.3 kg).
grouper, tiger grouper,
yellowfin grouper.
Grouper 5--misty grouper, 390 lb (176.9 kg).
yellowedge grouper,
yellowmouth grouper.
Grunts................................ Grunts 1--bluestriped grunt, 30,581 lb (13,871.3 kg).
white grunt \1\.
Grunts 2--margate............ 2,319 lb (1,051.8 kg).
Jacks................................. Jacks--blue runner........... 44,665 lb (20,259.7 kg).
Parrotfishes.......................... Parrotfish 2--princess 60,026 lb (27,227.3 kg).
parrotfish, queen
parrotfish, redband
parrotfish, redfin
parrotfish, redtail
parrotfish\1\, stoplight
parrotfish,\1\ striped
parrotfish.
Porgies............................... Porgies--jolthead porgy, 29,039 lb (13,171.8 kg).
saucereye porgy,\1\ sea
bream, sheepshead porgy.
Snappers.............................. Snapper 1--black snapper, 20,090 lb (9,112.6 kg).
blackfin snapper,\1\ silk
snapper, vermilion snapper.
Snapper 2--queen snapper..... 568 lb (257.6 kg).
Snapper 3--lane snapper, 30,784 lb (13,963.3 kg).
mutton snapper \1\.
Snapper 4--yellowtail snapper 88,952 lb (40,347.9 kg).
Surgeonfishes......................... Surgeonfish--blue tang, 22,630 lb (10,264.7 kg).
doctorfish,\1\ ocean
surgeonfish.
Triggerfishes......................... Triggerfish--queen 97,670 lb (44,302.3 kg).
triggerfish.
Wrasses............................... Wrasses--hogfish............. 2,951 lb (1,338.5 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Indicator stock.
[[Page 56235]]
(2) At or near the beginning of the fishing year, landings for each
stock, stock complex, or indicator stock will be evaluated relative to
the ACL based on a moving multi-year average of landings, as described
in the FMP. If NMFS estimates that landings for a stock, stock complex,
or indicator stock have exceeded the ACL specified in paragraph (a)(1)
of this section for the stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA) will file a notification with the
Office of the Federal Register to reduce the length of the fishing
season for the stock or stock complex within that fishing year by the
amount necessary to prevent landings from exceeding the ACL for the
stock or stock complex, unless NMFS determines that a fishing season
reduction is not necessary based on the best scientific information
available. If NMFS determines that the ACL for a particular stock or
stock complex was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season for the stock or stock complex. Any
fishing season reduction required under this paragraph (a)(2) will be
applied starting from September 30 and moving earlier toward the
beginning of the fishing year. If the length of the required fishing
season reduction exceeds the time period of January 1 through September
30, any additional fishing season reduction will be applied starting
from October 1 and moving later toward the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
(1) Dolphinfish. (i) ACL--9,778 lb (4,435.2 kg).
(ii) ACT--8,800 lb (3,991.6 kg).
(2) Wahoo. (i) ACL--6,879 lb (3,120.2 kg).
(ii) ACT--6,191 lb (2,808.1 kg).
(3) Pelagic fish AM application. At or near the beginning the
fishing year, landings for the stock or stock complex will be evaluated
relative to the ACT for the stock or stock complex based on a moving
multi-year average of landings, as described in the FMP. If NMFS
estimates that landings have exceeded the ACT specified in paragraph
(b) of this section, NMFS in consultation with the Caribbean Fishery
Management Council will determine appropriate corrective action.
(c) Spiny lobster. (1) ACL--209,210 lb (94,896 kg), round weight.
(2) At or near the beginning the fishing year, landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACL specified in paragraph (c)(1) of this section, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for spiny lobster within that
fishing year by the amount necessary to prevent landings from exceeding
the ACL, unless NMFS determines that a fishing season reduction is not
necessary based on the best scientific information available. If NMFS
determines the ACL was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season. Any fishing season reduction required
under this paragraph (c)(2) will be applied starting from September 30
and moving earlier toward the beginning of the fishing year. If the
length of the required fishing season reduction exceeds the time period
of January 1 through September 30, any additional fishing season
reduction will be applied starting from October 1 and moving later
toward the end of the fishing year.
(d)-(e) [Reserved]
(f) Closure provisions for reef fish and spiny lobster. The
following restrictions apply during a fishing season closure for reef
fish or spiny lobster in the EEZ around St. Thomas and St. John. During
the closure period announced in the notification filed pursuant to
paragraph (a)(2) or (c)(2) of this section, such stock or stock complex
in or from the EEZ around St. Thomas and St. John may not be harvested,
possessed, purchased, or sold, and the bag and possession limits for
such stock or stock complex are zero.
Sec. 622.516 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. A fish not in compliance with its size limit in or
from the EEZ around St. Thomas and St. John may not be possessed, sold,
or purchased, and must be released immediately with a minimum of harm.
The operator of a vessel that fishes in the EEZ around St. Thomas and
St. John is responsible for ensuring that all species on board are in
compliance with the size limits specified in this section. See Sec.
622.10 regarding requirements for landing fish intact. See Sec.
622.520(c)(2) regarding requirements for landing spiny lobster intact.
(a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
Sec. 622.517 [Reserved]
Sec. 622.518 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from
the EEZ around St. Thomas and St. John may not be sold or purchased and
used in the marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or purchase a coral harvested in
the EEZ around St. Thomas and St. John.
(2) A coral that is sold in St. Thomas or St. John will be presumed
to have been harvested in the EEZ around St. Thomas and St. John,
unless it is accompanied by documentation showing that it was harvested
elsewhere. Such documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual harvesting the coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting
that, to the best of his or her knowledge, information, and belief,
such coral was harvested from other than in the EEZ around St. Thomas
and St. John, or the waters of Puerto Rico or the U.S. Virgin Islands.
Sec. 622.519 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and
possession limits. However, Sec. 622.11(a) notwithstanding, the bag
limits of this section do not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5
per person per day or, if 3 or more persons are aboard, 15 per vessel
per day; but not to exceed 2 parrotfish per person per day or 6
parrotfish per vessel per day.
(2) Angelfishes, grunts, jacks, porgies, surgeonfishes,
triggerfishes, and wrasses combined--5 per person per day or, if 3 or
more persons are aboard, 15 per vessel per day, but not to exceed 1
surgeonfish per person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
Sec. 622.520 Other harvest restrictions.
(a)-(b) [Reserved]
[[Page 56236]]
(c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny
lobster. Egg-bearing spiny lobster in the EEZ around St. Thomas and St.
John must be returned to the water unharmed. An egg-bearing spiny
lobster may be retained in a spiny lobster trap, provided the trap is
returned immediately to the water. An egg-bearing spiny lobster may not
be stripped, scraped, shaved, clipped, or in any other manner molested,
in order to remove the eggs.
(2) Landing spiny lobster intact. (i) A spiny lobster in or from
the EEZ around St. Thomas and St. John must be maintained with head and
carapace intact through offloading ashore.
(ii) The operator of a vessel that fishes in the EEZ around St.
John and St. Thomas is responsible for ensuring that spiny lobster on
that vessel are maintained intact through offloading ashore, as
specified in this section.
Sec. 622.521 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce
(170-gram) tail weight into St. Thomas or St. John. For the purposes of
paragraph (a) of this section, a 6-ounce (170-gram) tail weight is
defined as a tail that weighs 5.9-6.4 ounces (167-181 grams). If the
documentation accompanying an imported spiny lobster, including but not
limited to product packaging, customs entry forms, bills of lading,
brokerage forms, or commercial invoices, indicates that the product
does not satisfy the minimum tail-weight, the person importing such
spiny lobster has the burden to prove that such spiny lobster does
satisfy the minimum tail-weight requirement or that such spiny lobster
has a tail length of 6.2 inches (15.75 cm) or greater or that such
spiny lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has
the burden to prove that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is
satisfied, such spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 622.409 regarding the minimum size limit that applies
to spiny lobster imported into any place subject to the jurisdiction of
the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts S and T of this part for the minimum size limits
that apply to spiny lobster imported into Puerto Rico and St. Croix,
respectively.
(b) Additional spiny lobster import prohibitions--(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
are the first five pairs of abdominal appendages.
Sec. 622.522 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the EEZ around St. Thomas and St. John, the RA may
establish or modify the following items.
(a) Standard open framework procedures. Re-specify maximum
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), acceptable biological catch (ABC), ACL, ACT,
sustainable yield level, and other related management reference points
and status determination criteria; establish or revise rebuilding
plans; revise AMs; modify reporting or monitoring requirements, and
time or area closures and closure procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking
requirements, maintaining fish in a specific condition, size limits,
commercial trip limits, recreational bag and possession limits, changes
to the length of an established closed season of no more than 1 day,
and gear modifications to address conservation issues including
responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.
Subpart V [Removed]
0
18. Remove subpart V, consisting of Sec. Sec. 622.490 through 622.497.
0
19. Revise appendix A to read as follows:
Appendix A to Part 622--Species Tables
Table 1 to Appendix A to Part 622--Gulf of Mexico Reef Fish
------------------------------------------------------------------------
-------------------------------------------------------------------------
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
------------------------------------------------------------------------
Table 2 to Appendix A to Part 622--South Atlantic Snapper-Grouper
------------------------------------------------------------------------
-------------------------------------------------------------------------
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor's choice, Haemulon parra
White grunt, Haemulon plumierii
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
[[Page 56237]]
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses:
Black sea bass, Centropristis striata
Sparidae--Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as ecosystem component species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
------------------------------------------------------------------------
Table 3 to Appendix A to Part 622--Atlantic Dolphin and Wahoo
------------------------------------------------------------------------
-------------------------------------------------------------------------
Dolphin, Coryphaena equiselis or Coryphaena hippurus
Wahoo, Acanthocybium solandri
The following species are designated as ecosystem component species:
Bullet mackerel, Auxis rochei
Frigate mackerel, Auxis thazard
------------------------------------------------------------------------
Sec. Sec. 622.55, 622.382, 622.400, 622.402, 622.403, 622.404, and
622.405 [Amended]
0
20. In addition to the previous amendments to this part, remove all
references to ``622.413'' and add, in their place, ``622.19'' in the
following sections:
0
a. 50 CFR 622.55(e) introductory text and (e)(2);
0
b. 50 CFR 622.382(a)(1)(i)(B);
0
c. 50 CFR 622.400(a)(1)(i);
0
d. 50 CFR 622.402(a)(1), (2), and (3) and (c)(1);
0
e. 50 CFR 622.403(b)(3)(i);
0
f. 50 CFR 622.404(e) and (f); and
0
g. 50 CFR 622.405(b)(2)(i).
[FR Doc. 2022-19409 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-22-P
