Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and St. John; Amendments 1, 20453-20456 [2023-07008]
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Proposed Rules
distinctly different from surrounding
lands because of unique soil and
vegetation characteristics that are
strongly influenced by the presence of
water.
Special Recreation Management Area
(SRMA) means an administrative unit
where the existing or proposed
recreation opportunities and recreation
setting characteristics are recognized for
their unique value, importance, or
distinctiveness, especially as compared
to other areas used for recreation.
Target shooting means discharging a
weapon for recreational purposes when
game animals are not being legally
hunted.
Weapon means any firearm, cross
bow, bow and arrow, paint gun,
fireworks, or explosive device capable
of propelling a projectile either by
means of an explosion, compressed gas,
or by string or spring.
Wilderness Study Area (WSA) means
an area inventoried, found to have
wilderness characteristics, and managed
to preserve those characteristics under
authority of (a) the land use planning
direction found in Section 202 of the
Federal Land Policy and Management
Act of 1976 (FLPMA), or (b) the review
of public lands required by Section 603
of FLPMA. WSAs identified during the
land use planning process (Section 202
of FLPMA) and prior to 1993 were
forwarded to Congress; those identified
during or after 1993 were not.
Prohibited Acts
Unless otherwise authorized, the
following acts are prohibited on all
public lands, roads, trails, and
waterways administered by the BLM
within CANM:
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1. You must not collect fossils of any
kind, including vertebrate, invertebrate,
plant, or trace fossils, unless authorized
by permit.
2. Unless otherwise permitted under
applicable law, you must not collect or
remove any rock, mineral specimen,
semiprecious gemstone, or petrified
wood.
3. You must not cut or collect live,
dead, or downed wood.
4. You must not harvest more than
22.5 pounds of pinyon pine nuts for
personal use. You must not harvest
pinyon pine nuts for commercial use.
Target Shooting
5. You must not discharge any
weapon within the Monument, except
in accordance with State law when
hunting with a valid Colorado hunting
license.
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6. You must not engage in any cachetype activities (including geocaching
and earth caching).
Climbing and Bouldering
7. You must not participate in
climbing, including rock climbing,
rappelling, or bouldering outside of
designated climbing areas.
Camping and Campfires
8. You must not camp in the Pueblo
Sites SRMA (Painted Hand Pueblo,
Lowry Pueblo, and Sand Canyon
Pueblo), in the Sand Canyon-Rock Creek
SRMA, or in the Anasazi Heritage
Center SRMA.
9. You must not camp within 300 feet
of a developed recreation site/area.
10. You must not camp within 300
feet of a riparian area or water source.
11. You must not camp in
archaeological sites, rock shelters, or
alcoves.
12. You must not ignite or maintain
a campfire in the Pueblo Sites SRMA
(Painted Hand Pueblo, Lowry Pueblo,
and Sand Canyon Pueblo), Sand
Canyon-Rock Creek SRMA, or Anasazi
Heritage Center SRMA.
13. You must not ignite or maintain
a campfire in archaeological sites, rock
shelters, or alcoves.
14. You must use a fire pan for
campfires or charcoal fires when a metal
fire ring is not provided or unless using
a mechanical stove or other appliance
fueled by gas and equipped with a valve
that allows the operator to control the
flame.
designated travel routes throughout the
remainder of the Monument.
20. Within the Sand Canyon-Rock
Creek SRMA (as defined in the CANM
RMP), you must not hike on any route,
trail, or area not designated as open to
such use by a BLM sign, map, or the
appropriate travel management plan.
Hiking is allowed both on and off
designated travel routes throughout the
remainder of the Monument.
Exemptions
The following persons are exempt
from this supplementary rule: Federal,
State, local or military employees acting
within the scope of their duties;
members of any organized law
enforcement, rescue, or fire-fighting
force in performance of an official duty;
and any person, agency, or municipality
whose activities are authorized in
writing by the Canyons of the Ancients
National Monument Manager.
Enforcement
Any person who violates any part of
this supplementary rule may be tried
before a United States Magistrate and
fined up to $1,000, imprisoned no more
than 12 months, or both, in accordance
with 43 U.S.C. 1733(a), 18 U.S.C. 3571,
and 43 CFR 8360.0–7. In accordance
with 43 CFR 8365.1–7, State or local
officials may also impose penalties for
violations of Colorado or local law.
Douglas Vilsack,
Colorado State Director, Bureau of Land
Management.
[FR Doc. 2023–06806 Filed 4–5–23; 8:45 am]
BILLING CODE 4331–16–P
Travel Management
Collection of Resources
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15. You must not operate or possess
a mechanized vehicle on any route,
trail, or area that is not designated as
open to such use by a BLM sign, map,
or the appropriate travel management
plan, unless you have specific
authorization from the BLM.
16. You must not operate or possess
a motorized or mechanized vehicle in
any Wilderness Study Area.
17. You must not park more than 20
feet from the edge of a designated travel
route or in a manner that causes
resource damage.
18. You must not park in riparian
areas.
19. Within the Sand Canyon-Rock
Creek SRMA (as defined in the CANM
RMP), you must not ride or be in
possession of horses or other pack
animals on any route, trail, or area not
designated as open to such use by a
BLM sign, map, or the appropriate travel
management plan. Horses and pack
animals are allowed both on and off
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BL56
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Fishery
Management Plans of Puerto Rico, St.
Croix, and St. Thomas and St. John;
Amendments 1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
fishery management plan amendments;
request for comments.
AGENCY:
The Caribbean Fishery
Management Council (Council) has
submitted Amendment 1 to the Puerto
SUMMARY:
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Proposed Rules
Rico Fishery Management Plan (FMP),
Amendment 1 to the St. Croix FMP, and
Amendment 1 to the St. Thomas and St.
John FMP (jointly Amendments 1) for
review, approval, and implementation
by NMFS. If approved by the Secretary
of Commerce, Amendments 1 would
modify the authorized gear types to
prohibit the use of buoy gear by the
recreational sector in U.S. Caribbean
Federal waters and modify the
regulatory definition of buoy gear to
increase the maximum number of hooks
from 10 to 25 in U.S. Caribbean Federal
waters for fisheries where buoy gear is
authorized. The purpose of
Amendments 1 is to allow commercial
fishermen targeting deep-water fish,
including snappers and groupers, in the
U.S. Caribbean Federal waters to use
buoy gear with up to 25 hooks, while
protecting deep-water reef fish resources
and habitats and minimizing user
conflicts.
Written comments on
Amendments 1 must be received on or
before June 5, 2023.
ADDRESSES: You may submit comments
on Amendments 1 identified by
‘‘NOAA–NMFS–2023–0032’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2023–0032’’, in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
• Mail: Submit written comments to
Maria Lopez-Mercer, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of Amendments 1,
which includes a fishery impact
statement and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
generic-amendment-1-island-based-
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FOR FURTHER INFORMATION CONTACT:
Maria Lopez-Mercer, telephone: 727–
824–5305, or email: maria.lopez@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or FMP amendment to
the Secretary of Commerce for review
and approval, partial approval, or
disapproval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an FMP or amendment, publish an
announcement in the Federal Register
notifying the public that the FMP or
amendment is available for review and
comment.
The Council prepared the Puerto Rico
FMP, St. Croix FMP, and St. Thomas
and St. John FMP (collectively the
island-based FMPs) that are being
revised by Amendments 1. If approved,
Amendments 1 would be implemented
by NMFS through regulations at 50 CFR
part 600 and 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
The Council manages reef fish and
pelagic stocks and stock complexes in
the U.S. Caribbean Exclusive Economic
Zone (EEZ) under the island-based
FMPs. The Magnuson-Stevens Act
requires NMFS and regional fishery
management councils to prevent
overfishing and to achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks to
ensure that fishery resources are
managed for the greatest overall benefit
to the Nation, particularly with respect
to providing food production and
recreational opportunities, and
protecting marine ecosystems. The
Magnuson-Stevens Act also authorizes
the Council and NMFS to regulate
fishing activity to support the
conservation and management of
fisheries, which may include
regulations that pertain to fishing for
non-managed species.
On September 22, 2020, the Secretary
of Commerce approved the island-based
FMPs under section 304(a)(3) of the
Magnuson-Stevens Act. For Puerto Rico
and the U.S. Virgin Islands (USVI), the
Council and NMFS manage fisheries
under the island-based FMPs. NMFS
published the final rule to implement
the island-based FMPs on September 13,
2022 (87 FR 56204). The island-based
FMPs contain management measures
applicable for Federal waters off each
respective island group. Among other
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measures, for reef fish and pelagic
species managed in each island
management area, these include
allowable fishing gear and methods for
harvest. Federal waters around Puerto
Rico extend seaward from 9 nautical
miles (nmi; 16.7 km) from shore to the
offshore boundary of the EEZ. Federal
waters around St. Croix, and St. Thomas
and St. John extend seaward from 3 nmi
(5.6 km) from shore to the offshore
boundary of the EEZ. Federal
regulations at 50 CFR 600.725(v)(V)
describe the authorized fishing gear for
each of the Council-managed fisheries
and non-managed fisheries in each
island management area.
In the U.S. Caribbean, small-scale
commercial fishermen harvesting deepwater reef fish, particularly snappers
(e.g., queen and cardinal snappers) and
groupers, typically use a specific type of
hook-and-line gear. This hook-and-line
gear is known locally as vertical bottom
line or ‘‘cala’’ in Puerto Rico and as
vertical setline or deep-drop gear in the
USVI. Fishing gear configurations and
methods used by commercial fisherman
to harvest these deep-water snappers
and groupers, which includes buoy gear,
varies in terms of vessel fishing
equipment and materials used, hook
type, size and number, number of lines
used, types of bait, soaking time, and
fishing grounds. Vertical bottom line
fishing gear and deep-drop fishing gear
can be either attached to the vessel
while deployed and retrieved with an
electrical reel or unattached to the
vessel when rigged and deployed as
buoy gear and retrieved with an
electrical reel. Buoy gear, known as
‘‘cala con boya’’ in Puerto Rico and
deep-drop buoy gear in the USVI, is
typically used to harvest deep-water
snappers and groupers in waters up to
1,500 ft (457 m), by commercial
fishermen in Puerto Rico and to a lesser
extent in the USVI.
Buoy gear is defined in 50 CFR 622.2
as fishing gear that fishes vertically in
the water column that consists of a
single drop line suspended from a float,
from which no more than 10 hooks can
be connected between the buoy and the
terminal end, and the terminal end
contains a weight that is no more than
10 lb (4.5 kg). This current definition of
buoy gear applies in Federal waters of
the Gulf of Mexico, South Atlantic, and
U.S. Caribbean. In addition, buoy gear is
listed as an authorized hook-and-line
gear type in 50 CFR 600.725(v)(V) for
those fishing commercially and
recreationally for species that are not
managed by the Council (i.e., non-FMP
species) in Federal waters around
Puerto Rico, St. Croix, and St. Thomas
and St. John and for those fishing
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commercially for managed reef fish and
managed pelagic species in Federal
waters around Puerto Rico, St. Croix,
and St. Thomas and St. John. As
described in Amendments 1, although
buoy gear is currently listed as an
authorized gear for recreational fishing
of species that are not managed under
the island-based FMPs, there is no
evidence that the recreational sector
operating in U.S. Caribbean Federal
waters uses or has used buoy gear. Use
of buoy gear by the recreational sector
is unlikely because it is a very
specialized commercial gear type that is
expensive and difficult to use by anyone
other than a professional commercial
fisherman.
In December 2021, commercial
fishermen fishing for deep-water
snapper and grouper in Puerto Rico and
the USVI have commented to the
Council that they would like to increase
the maximum number of hooks that are
allowed while using buoy gear to reflect
how the gear is currently used in state
waters in both Puerto Rico and the
USVI. Under the current definition of
buoy gear that applies in Federal waters
of the Gulf of Mexico, South Atlantic,
and U.S. Caribbean, no more than 10
hooks may be connected between the
buoy and the terminal end. Puerto Rico
and USVI territorial regulations, on the
other hand, do not limit the number of
hooks allowed on deep-water reef fish
buoy gear.
In Amendments 1, the Council
decided to limit the use of buoy gear in
U.S. Caribbean Federal waters to those
fishing commercially and to prohibit the
use of buoy gear by those fishing
recreationally. By prohibiting the use of
buoy gear by the recreational sector in
U.S. Caribbean Federal waters, the
Council sought to eliminate (1) potential
future conflicts between commercial
and recreational user groups at the
subject fishing grounds, (2) additional
ecological, biological, and physical
effects that might result from
recreational fishing for deep-water
snapper and grouper, including risks to
managed species that may result from
misuse of buoy gear and bycatch of
managed species by the recreational
sector, and (3) any safety concerns
potentially associated with the
recreational use of buoy gear at the
deep-water reef fish fishing grounds. In
Amendments 1, the Council also
decided to modify the definition of buoy
gear to allow commercial fishermen in
U.S. Caribbean Federal waters to use a
maximum of 25 hooks with buoy gear to
reflect how the gear is commonly used
by commercial fishermen in state waters
in Puerto Rico and the USVI.
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Actions Contained in Amendments 1
Amendments 1 would prohibit the
use of buoy gear by the recreational
sector in the U.S. Caribbean and would
modify the buoy gear definition to
increase the maximum number of
allowable hooks used by the commercial
sector in the U.S. Caribbean.
Recreational Buoy Gear Prohibition
Buoy gear is currently an authorized
gear type for those fishing recreationally
for species that are not managed by the
Council (i.e., non-FMP species) in
Federal waters around Puerto Rico, St.
Croix, and St. Thomas and St. John. As
described in Amendments 1, although
the use of buoy gear by the recreational
sector currently appears unlikely, the
Council took a precautionary approach
to prevent any future use of buoy gear
by the recreational sector to fish for any
species (i.e., managed and non-managed
species) in Federal waters around
Puerto Rico, St. Croix, and St. Thomas
and St. John. NMFS notes that with
respect to non-managed species, the
Magnuson-Stevens Act gives the
Council and NMFS the authority to
regulate fishing activity to support the
conservation and management of
fisheries. This can include regulations
that pertain to fishing for non-managed
species.
By limiting the use of buoy gear to the
commercial sector, the Council seeks to
prevent any potential future conflicts
between commercial and recreational
user groups resulting from the use of
buoy gear. These potential conflicts
could include competition for fishing
grounds. The Council also seeks to
eliminate any additional ecological,
biological and physical effects that
might occur through additional
recreational fishing-related pressure at
those grounds and to those resources.
Specifically, the Council was concerned
about overfishing the deep-water
snapper and grouper resources, risks to
managed species resulting from the
misuse of the buoy gear, and increased
bycatch of managed species that might
result through the recreational use of
buoy gear. Finally, the Council seeks to
eliminate any safety concerns
potentially associated with the presence
of an emerging recreational fleet at the
deep-water reef fish fishing grounds that
could occur because of the specialized
characteristics of the buoy gear
operations.
Revision of Buoy Gear Definition
The current buoy gear definition,
which applies in Federal waters of the
Gulf of Mexico, South Atlantic, and U.S.
Caribbean, specifies, among other
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measures, that this gear type may have
no more than 10 hooks connected
between the buoy and the terminal end.
In Amendments 1, the Council seeks
to change the buoy gear definition to
increase the maximum number of hooks
allowed between the buoy and the
terminal end from 10 to 25 hooks in the
EEZ around Puerto Rico, St. Croix, and
St. Thomas and St. John. This change in
the buoy gear definition would apply
only where buoy gear is authorized in
the U.S. Caribbean EEZ, and would
apply only to the commercial sector as
a result of Action 1 in Amendments 1.
NMFS notes that this change would
apply to the commercial harvest of both
Council-managed fisheries and nonmanaged fisheries. The increased
number of authorized buoy gear hooks
would allow commercial fishermen
fishing in Federal waters off Puerto
Rico, St. Croix, and St. Thomas and St.
John to legally use the same gear
configuration that is commonly used by
some commercial fisherman in state
waters.
This action to revise the buoy gear
definition in the U.S. Caribbean would
also avoid enforcement complications
for commercial fishermen harvesting
multiple species on a trip because it
would allow the use of the buoy gear
with up to 25 hooks to harvest managed
and non-managed deep-water fish. The
change to the buoy gear definition
would not change any other part of the
buoy gear definition such as weight,
construction materials for the drop line,
and length of the drop line.
Additionally, the current buoy gear
definition, as it applies to the Gulf of
Mexico and South Atlantic, would not
change as a result of Amendments 1.
Proposed Rule for Amendments 1
A proposed rule to implement
Amendments 1 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule to determine whether it is
consistent with the FMPs, the
Magnuson-Stevens Act, and other
applicable law. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendments 1 for Secretarial review,
approval, and implementation.
Comments on Amendments 1 must be
received by June 5, 2023. Comments
received during the respective comment
periods, whether specifically directed to
Amendments 1 or the proposed rule
will be considered by NMFS in the
decision to approve, disapprove, or
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Proposed Rules
partially approve Amendments 1.
Comments received after the comment
periods will not be considered by NMFS
in this decision. All comments received
by NMFS on the amendments or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–07008 Filed 4–5–23; 4:15 pm]
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Fisheries Off West Coast States;
Pelagic Species Fisheries; Amendment
20 to the Coastal Pelagic Species
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This proposed rule would
implement two minor changes to
Federal regulations, prompted by the
proposed Amendment 20 to the Coastal
Pelagic Species (CPS) Fishery
Management Plan (FMP). Amendment
20 would remove management category
terminology from use in the FMP, but
not to revise the manner in which the
CPS stocks are managed. The Pacific
Fishery Management Council (Council)
recommended Amendment 20 for
clarity and consistency with other
Council FMPs. Specifically, this
proposed rule would remove the
definition for ‘‘Actively Managed
Species’’ and a reference to ‘‘monitored
stocks’’ from Federal regulations.
Because this action does not change the
manner in which CPS stocks are
managed, this action is administrative
in nature.
DATES: Comments on the proposed rule
must be received by May 8, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0036, by the following
method:
• Electronic Submissions: Submit all
electronic public comments via the
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Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0036 in the Search
box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments must be
submitted by the above method to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Taylor Debevec at (562) 980–4066 or
taylor.debevec@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The CPS FMP implemented the use of
Management Categories with
Amendment 8. Originally, the
management categories included
‘‘Active’’ (or Actively) and ‘‘Monitored.’’
With Amendment 12 and the
incorporation of krill into the CPS FMP,
‘‘Prohibited Harvest’’ was added as a
management category. The primary
function of the ‘‘Active’’ and
‘‘Monitored’’ management categories
was to effectively and efficiently direct
available agency and Council resources,
in recognition that not all stocks require
as intensive management as others, e.g.,
frequency of assessments and changes to
harvest levels. Stocks that supported
intensive fisheries typically fell in the
‘‘Active’’ management category,
meaning they were assessed on a regular
schedule with associated regular
updates to harvest specifications. In
contrast, stocks that were less
intensively fished were ‘‘Monitored’’
and utilized long-term conservative
harvest strategies deemed sufficient for
their conservation and management.
The category designations did not
relieve stocks from the requirements of
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) or National Standard 1
guidelines. Nor did they characterize
the type of stock assessment or scientific
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information available to inform
assessments, or strictly prescribe the
frequency of assessment or harvest
policy specification. Additionally, the
FMP allowed for stocks to be moved
from the ‘‘Monitored’’ category to the
‘‘Active’’ category if deemed necessary
for their conservation and management.
In November 2018, the Council
initiated an effort to address a perceived
lack of clarity regarding the meaning
and use of these terms in the FMP and
to promote consistency with other
Council FMPs. The Council directed its
CPS Management Team to explore ways
to remove the naming distinction of
management categories, while
maintaining existing stock management.
The Council considered the issue at its
June 2019 and November 2021
meetings, with final action taking place
at its April 2022 meeting. The proposed
Amendment 20 would remove
management category terms from the
FMP and incorporate additional
modifications in place of those terms to
ensure flow and readability of the FMP.
‘‘Prohibited Harvest Species’’ would
remain defined (krill), but references to
it being a management category would
be removed.
To align with the proposed
Amendment, NMFS is proposing this
rule to remove the management category
terms from Federal regulations, and
make some small additional
modifications in place of where those
terms were removed to ensure flow and
readability of the regulations. This
proposed rule would remove the two
places in Federal CPS regulations that
reference these management category
terms by: removing ‘‘Actively Managed
Species’’ from definitions in 50 CFR
660.502, and removing a reference to
‘‘monitored stocks’’ from 50 CFR
660.511(k). These regulatory changes are
administrative in nature and do not
change management of CPS stocks.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Assistant Administrator, NMFS, has
determined that this proposed rule is
consistent with the CPS FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
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]]>Agencies
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Proposed Rules]
[Pages 20453-20456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07008]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL56
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and
St. John; Amendments 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendments; request for comments.
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SUMMARY: The Caribbean Fishery Management Council (Council) has
submitted Amendment 1 to the Puerto
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Rico Fishery Management Plan (FMP), Amendment 1 to the St. Croix FMP,
and Amendment 1 to the St. Thomas and St. John FMP (jointly Amendments
1) for review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendments 1 would modify the authorized gear
types to prohibit the use of buoy gear by the recreational sector in
U.S. Caribbean Federal waters and modify the regulatory definition of
buoy gear to increase the maximum number of hooks from 10 to 25 in U.S.
Caribbean Federal waters for fisheries where buoy gear is authorized.
The purpose of Amendments 1 is to allow commercial fishermen targeting
deep-water fish, including snappers and groupers, in the U.S. Caribbean
Federal waters to use buoy gear with up to 25 hooks, while protecting
deep-water reef fish resources and habitats and minimizing user
conflicts.
DATES: Written comments on Amendments 1 must be received on or before
June 5, 2023.
ADDRESSES: You may submit comments on Amendments 1 identified by
``NOAA-NMFS-2023-0032'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0032'', in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Maria Lopez-Mercer, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendments 1, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/generic-amendment-1-island-based-fishery-management-plans-modification-buoy-gear-definition.
FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, telephone: 727-
824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to the
Secretary of Commerce for review and approval, partial approval, or
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP or amendment, publish an announcement in the Federal
Register notifying the public that the FMP or amendment is available
for review and comment.
The Council prepared the Puerto Rico FMP, St. Croix FMP, and St.
Thomas and St. John FMP (collectively the island-based FMPs) that are
being revised by Amendments 1. If approved, Amendments 1 would be
implemented by NMFS through regulations at 50 CFR part 600 and 50 CFR
part 622 under the authority of the Magnuson-Stevens Act.
Background
The Council manages reef fish and pelagic stocks and stock
complexes in the U.S. Caribbean Exclusive Economic Zone (EEZ) under the
island-based FMPs. The Magnuson-Stevens Act requires NMFS and regional
fishery management councils to prevent overfishing and to achieve, on a
continuing basis, the optimum yield from federally managed fish stocks
to ensure that fishery resources are managed for the greatest overall
benefit to the Nation, particularly with respect to providing food
production and recreational opportunities, and protecting marine
ecosystems. The Magnuson-Stevens Act also authorizes the Council and
NMFS to regulate fishing activity to support the conservation and
management of fisheries, which may include regulations that pertain to
fishing for non-managed species.
On September 22, 2020, the Secretary of Commerce approved the
island-based FMPs under section 304(a)(3) of the Magnuson-Stevens Act.
For Puerto Rico and the U.S. Virgin Islands (USVI), the Council and
NMFS manage fisheries under the island-based FMPs. NMFS published the
final rule to implement the island-based FMPs on September 13, 2022 (87
FR 56204). The island-based FMPs contain management measures applicable
for Federal waters off each respective island group. Among other
measures, for reef fish and pelagic species managed in each island
management area, these include allowable fishing gear and methods for
harvest. Federal waters around Puerto Rico extend seaward from 9
nautical miles (nmi; 16.7 km) from shore to the offshore boundary of
the EEZ. Federal waters around St. Croix, and St. Thomas and St. John
extend seaward from 3 nmi (5.6 km) from shore to the offshore boundary
of the EEZ. Federal regulations at 50 CFR 600.725(v)(V) describe the
authorized fishing gear for each of the Council-managed fisheries and
non-managed fisheries in each island management area.
In the U.S. Caribbean, small-scale commercial fishermen harvesting
deep-water reef fish, particularly snappers (e.g., queen and cardinal
snappers) and groupers, typically use a specific type of hook-and-line
gear. This hook-and-line gear is known locally as vertical bottom line
or ``cala'' in Puerto Rico and as vertical setline or deep-drop gear in
the USVI. Fishing gear configurations and methods used by commercial
fisherman to harvest these deep-water snappers and groupers, which
includes buoy gear, varies in terms of vessel fishing equipment and
materials used, hook type, size and number, number of lines used, types
of bait, soaking time, and fishing grounds. Vertical bottom line
fishing gear and deep-drop fishing gear can be either attached to the
vessel while deployed and retrieved with an electrical reel or
unattached to the vessel when rigged and deployed as buoy gear and
retrieved with an electrical reel. Buoy gear, known as ``cala con
boya'' in Puerto Rico and deep-drop buoy gear in the USVI, is typically
used to harvest deep-water snappers and groupers in waters up to 1,500
ft (457 m), by commercial fishermen in Puerto Rico and to a lesser
extent in the USVI.
Buoy gear is defined in 50 CFR 622.2 as fishing gear that fishes
vertically in the water column that consists of a single drop line
suspended from a float, from which no more than 10 hooks can be
connected between the buoy and the terminal end, and the terminal end
contains a weight that is no more than 10 lb (4.5 kg). This current
definition of buoy gear applies in Federal waters of the Gulf of
Mexico, South Atlantic, and U.S. Caribbean. In addition, buoy gear is
listed as an authorized hook-and-line gear type in 50 CFR 600.725(v)(V)
for those fishing commercially and recreationally for species that are
not managed by the Council (i.e., non-FMP species) in Federal waters
around Puerto Rico, St. Croix, and St. Thomas and St. John and for
those fishing
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commercially for managed reef fish and managed pelagic species in
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St.
John. As described in Amendments 1, although buoy gear is currently
listed as an authorized gear for recreational fishing of species that
are not managed under the island-based FMPs, there is no evidence that
the recreational sector operating in U.S. Caribbean Federal waters uses
or has used buoy gear. Use of buoy gear by the recreational sector is
unlikely because it is a very specialized commercial gear type that is
expensive and difficult to use by anyone other than a professional
commercial fisherman.
In December 2021, commercial fishermen fishing for deep-water
snapper and grouper in Puerto Rico and the USVI have commented to the
Council that they would like to increase the maximum number of hooks
that are allowed while using buoy gear to reflect how the gear is
currently used in state waters in both Puerto Rico and the USVI. Under
the current definition of buoy gear that applies in Federal waters of
the Gulf of Mexico, South Atlantic, and U.S. Caribbean, no more than 10
hooks may be connected between the buoy and the terminal end. Puerto
Rico and USVI territorial regulations, on the other hand, do not limit
the number of hooks allowed on deep-water reef fish buoy gear.
In Amendments 1, the Council decided to limit the use of buoy gear
in U.S. Caribbean Federal waters to those fishing commercially and to
prohibit the use of buoy gear by those fishing recreationally. By
prohibiting the use of buoy gear by the recreational sector in U.S.
Caribbean Federal waters, the Council sought to eliminate (1) potential
future conflicts between commercial and recreational user groups at the
subject fishing grounds, (2) additional ecological, biological, and
physical effects that might result from recreational fishing for deep-
water snapper and grouper, including risks to managed species that may
result from misuse of buoy gear and bycatch of managed species by the
recreational sector, and (3) any safety concerns potentially associated
with the recreational use of buoy gear at the deep-water reef fish
fishing grounds. In Amendments 1, the Council also decided to modify
the definition of buoy gear to allow commercial fishermen in U.S.
Caribbean Federal waters to use a maximum of 25 hooks with buoy gear to
reflect how the gear is commonly used by commercial fishermen in state
waters in Puerto Rico and the USVI.
Actions Contained in Amendments 1
Amendments 1 would prohibit the use of buoy gear by the
recreational sector in the U.S. Caribbean and would modify the buoy
gear definition to increase the maximum number of allowable hooks used
by the commercial sector in the U.S. Caribbean.
Recreational Buoy Gear Prohibition
Buoy gear is currently an authorized gear type for those fishing
recreationally for species that are not managed by the Council (i.e.,
non-FMP species) in Federal waters around Puerto Rico, St. Croix, and
St. Thomas and St. John. As described in Amendments 1, although the use
of buoy gear by the recreational sector currently appears unlikely, the
Council took a precautionary approach to prevent any future use of buoy
gear by the recreational sector to fish for any species (i.e., managed
and non-managed species) in Federal waters around Puerto Rico, St.
Croix, and St. Thomas and St. John. NMFS notes that with respect to
non-managed species, the Magnuson-Stevens Act gives the Council and
NMFS the authority to regulate fishing activity to support the
conservation and management of fisheries. This can include regulations
that pertain to fishing for non-managed species.
By limiting the use of buoy gear to the commercial sector, the
Council seeks to prevent any potential future conflicts between
commercial and recreational user groups resulting from the use of buoy
gear. These potential conflicts could include competition for fishing
grounds. The Council also seeks to eliminate any additional ecological,
biological and physical effects that might occur through additional
recreational fishing-related pressure at those grounds and to those
resources. Specifically, the Council was concerned about overfishing
the deep-water snapper and grouper resources, risks to managed species
resulting from the misuse of the buoy gear, and increased bycatch of
managed species that might result through the recreational use of buoy
gear. Finally, the Council seeks to eliminate any safety concerns
potentially associated with the presence of an emerging recreational
fleet at the deep-water reef fish fishing grounds that could occur
because of the specialized characteristics of the buoy gear operations.
Revision of Buoy Gear Definition
The current buoy gear definition, which applies in Federal waters
of the Gulf of Mexico, South Atlantic, and U.S. Caribbean, specifies,
among other measures, that this gear type may have no more than 10
hooks connected between the buoy and the terminal end.
In Amendments 1, the Council seeks to change the buoy gear
definition to increase the maximum number of hooks allowed between the
buoy and the terminal end from 10 to 25 hooks in the EEZ around Puerto
Rico, St. Croix, and St. Thomas and St. John. This change in the buoy
gear definition would apply only where buoy gear is authorized in the
U.S. Caribbean EEZ, and would apply only to the commercial sector as a
result of Action 1 in Amendments 1. NMFS notes that this change would
apply to the commercial harvest of both Council-managed fisheries and
non-managed fisheries. The increased number of authorized buoy gear
hooks would allow commercial fishermen fishing in Federal waters off
Puerto Rico, St. Croix, and St. Thomas and St. John to legally use the
same gear configuration that is commonly used by some commercial
fisherman in state waters.
This action to revise the buoy gear definition in the U.S.
Caribbean would also avoid enforcement complications for commercial
fishermen harvesting multiple species on a trip because it would allow
the use of the buoy gear with up to 25 hooks to harvest managed and
non-managed deep-water fish. The change to the buoy gear definition
would not change any other part of the buoy gear definition such as
weight, construction materials for the drop line, and length of the
drop line. Additionally, the current buoy gear definition, as it
applies to the Gulf of Mexico and South Atlantic, would not change as a
result of Amendments 1.
Proposed Rule for Amendments 1
A proposed rule to implement Amendments 1 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMPs, the
Magnuson-Stevens Act, and other applicable law. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendments 1 for Secretarial review,
approval, and implementation. Comments on Amendments 1 must be received
by June 5, 2023. Comments received during the respective comment
periods, whether specifically directed to Amendments 1 or the proposed
rule will be considered by NMFS in the decision to approve, disapprove,
or
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partially approve Amendments 1. Comments received after the comment
periods will not be considered by NMFS in this decision. All comments
received by NMFS on the amendments or the proposed rule during their
respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-07008 Filed 4-5-23; 4:15 pm]
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