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, 46692-46696 [2023-15219]
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Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Rules and Regulations
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[FR Doc. 2023–15226 Filed 7–19–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 600 and 622
[Docket No. 230713–0165]
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: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 1 to the Puerto
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), as
submitted by the Caribbean Fishery
Management Council (Council). This
final rule and Amendments 1 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 allowable hooks used by the
commercial sector in U.S. Caribbean
Federal waters from 10 to 25. The
purpose of this final rule and
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
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SUMMARY:
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7/20/2023, [INSERT FEDERAL REGISTER CITATION].
and habitats and minimizing user
conflicts.
DATES: This final rule is effective August
21, 2023.
ADDRESSES: 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-1island-based-fishery-managementplans-modification-buoy-geardefinition.
FOR FURTHER INFORMATION CONTACT:
Maria Lopez-Mercer, telephone: 727–
824–5305, or email: maria.lopez@
noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage reef fish and pelagic
stocks and stock complexes in the U.S.
Caribbean Exclusive Economic Zone
(EEZ) under the Puerto Rico FMP, St.
Croix FMP, and St. Thomas and St. John
FMP (collectively the island-based
FMPs). The Council prepared the
island-based FMPs and NMFS
implements the FMPs through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On April 6, 2023, NMFS published a
notice of availability for Amendments 1
and requested public comment (88 FR
20453). NMFS approved Amendments 1
on July 3, 2023. On April 24, 2023,
NMFS published a proposed rule for
Amendments 1 and requested public
comment (88 FR 24746). The proposed
rule and Amendments 1 outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Amendments 1 and implemented by
this final rule is described below.
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
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Added.
councils to prevent overfishing and to
achieve, on a continuing basis, the
optimum yield from federally managed
fish stocks. These mandates are
intended 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. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to minimize bycatch and
bycatch mortality to the extent
practicable. 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), in
section (V) of the table, describe the
authorized fishing gear for each of the
Council-managed fisheries and non-
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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 or
‘‘cala con boya’’ in Puerto Rico and as
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
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
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expensive and difficult to use by anyone
other than a professional commercial
fisherman.
In December 2021, commercial
fishermen who target deep-water
snapper and grouper in Federal waters
around Puerto Rico and the USVI
commented to the Council that they
would like to increase the maximum
number of hooks that are allowed while
using buoy gear in Federal waters 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 this final rule and Amendments 1,
the use of buoy gear in U.S. Caribbean
Federal waters will be limited to those
fishing commercially and will be
prohibited by those fishing
recreationally. Prohibiting the use of
buoy gear by the recreational sector in
U.S. Caribbean Federal waters will
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.
This final rule and Amendments 1 also
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.
Management Measures Contained in
This Final Rule
This final rule prohibits the use of
buoy gear by the recreational sector in
the U.S Caribbean and modifies 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
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46693
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, this
final rule takes 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. With respect to
non-managed species, the MagnusonStevens 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.
This final rule limits the use of buoy
gear to the commercial sector 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.
This final rule also eliminates any
additional ecological, biological and
physical effects that might occur
through additional recreational fishingrelated pressure at those grounds and to
those resources, including overfishing
the deep-water snapper and grouper
resources, risks to managed species from
misuse of the buoy gear and increased
bycatch of managed species that might
result through the recreational use of
buoy gear. Finally, the final rule
eliminates safety concerns potentially
associated with the presence of an
emerging recreational fleet at the deepwater 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.
This final rule changes 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
applies only where buoy gear is
authorized in the U.S. Caribbean EEZ,
and applies only to the commercial
sector as a result of this final rule.
NMFS notes that this change applies to
the commercial harvest of both Councilmanaged fisheries and non-managed
fisheries. The increased number of
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Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Rules and Regulations
authorized buoy gear hooks will 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 revision to the buoy gear
definition in the U.S. Caribbean will
also avoid enforcement complications
for commercial fishermen harvesting
multiple species on a trip because it will
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 will
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, will not
change as a result of this final rule.
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Measure Contained in This Final Rule
Not in Amendments 1
In addition to the buoy gear measures
contained in Amendments 1, this final
rule corrects an error from a previous
rulemaking. On September 13, 2022,
NMFS published in the Federal Register
the final rule implementing the islandbased FMPs for the U.S. Caribbean (87
FR 56204, September 13, 2022). That
final rule contained a minor
administrative error in 50 CFR
622.440(a)(2), ‘‘Annual catch limits
(ACLs), annual catch targets (ACTs), and
accountability measures (AMs),’’ related
to a notation for the recreational ACL for
mutton snapper in Table 2 to
§ 622.440(a)(2). Mutton snapper, which
is an indicator stock for Snappers,
Snapper 4, is notated in that final rule
with an asterisk when it should have
been annotated with a superscript ‘‘1.’’
In Table 2 of 50 CFR 622.440(b)(2), all
indicator stocks are to be notated with
the superscript ‘‘1.’’ NMFS became
aware of this inadvertent minor
administrative error after the islandbased FMPs final rule published. This
final rule revises the notation for mutton
snapper in Table 2 to 50 CFR
622.440(a)(2), Snappers, Snapper 4, to
be a superscript ‘‘1.’’ The recreational
ACLs in the paragraph remain the same
and do not change in this final rule.
Comments and Reponses
NMFS received two comments on the
notice of availability and one comment
on the proposed rule for Amendments 1.
Comment submissions were from
members of the general public and a
fishermen organization. One comment
was in support of the actions in
Amendments 1.
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NMFS has not made any changes from
the proposed rule to this final rule based
on public comment.
Specific comments related to
Amendments 1 and the proposed rule
are grouped as appropriate and
responded to below.
Comment 1: The Council wants to
prohibit fishing with vertical bottom
line fishing gear, (known locally as
‘‘cala’’ in Puerto Rico) as it is used in
Puerto Rico.
Response: NMFS clarifies that neither
Amendment 1 to the Puerto Rico FMP
or this final rule prohibit the use of all
vertical bottom line (‘‘cala’’) for fishing
in the EEZ around Puerto Rico or the
rest of the Caribbean EEZ. Amendments
1 and this final rule specifically prohibit
the use of buoy gear, which is a
configuration of the vertical bottom line,
only for use by the recreational sector.
The use of buoy gear by the commercial
sector will continue to be authorized.
The final rule limits the use of buoy gear
to the commercial sector to prevent any
potential future conflicts between
commercial and recreational user
groups resulting from the use of buoy
gear. As described in Amendments 1,
limiting the use of buoy gear to the
commercial sector also avoids any
additional ecological, biological, and
physical effects that might occur
through additional recreational fishingrelated pressure where buoy gear is
currently used. These effects include
reducing the risk of overfishing of the
deep-water snapper and grouper
resources, risks to managed species from
misuse of the buoy gear, and increased
bycatch of managed species that might
result through the recreational use of
buoy gear.
Buoy gear, known as ‘‘cala con boya’’
in Puerto Rico and as deep-drop buoy
gear in the USVI, is typically used by
commercial fishermen in Puerto Rico,
and to a lesser extent in the USVI, to
harvest deep-water snappers and
groupers in waters up to 1,500 ft (457
m). As amended by this final rule, 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 (except in
the EEZ around Puerto Rico, St. Croix,
and St. Thomas and St. John where the
maximum is 25 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).
Therefore, while this final rule
prohibits the use of buoy gear for the
recreational sector in the Caribbean
EEZ, this final rule does not restrict the
use of buoy gear and vertical bottom
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line for the commercial sector in the
Caribbean EEZ.
Comment 2: The Council and NMFS
want to eliminate the use of buoy gear
by the recreational sector even though
the sector does not use this type of
fishing gear in Caribbean Federal
waters. If the Council and NMFS are
concerned about pressure on the deepwater reef fish fishery, they should
reduce the number of commercial hooks
allowed rather than increase them.
Response: As described in
Amendments 1, there are no
recreational fishing data showing that
the recreational sector operating in U.S.
Caribbean Federal waters uses or has
used buoy gear. This is likely because
buoy gear is a very specialized
commercial gear type that is expensive
and generally difficult to use by anyone
other than a professional commercial
fisherman. NMFS agrees with the
Council that it is appropriate to limit its
use to those fishing commercially. As
noted in the response to Comment #1,
this precautionary approach eliminates
potential future conflicts between
commercial and recreational user
groups at the deep-water fishing
grounds, potential risks to managed
species that may result from misuse of
buoy gear by the recreational sector,
including overfishing the deep-water
snapper and grouper resources from
additional fishing pressure, bycatch of
managed species by the recreational
sector, and any safety concerns
potentially associated with the
recreational use of buoy gear at the
deep-water reef fish fishing grounds.
NMFS notes that increasing the
maximum number of hooks that are
allowed while using buoy gear by the
commercial sector in U.S. Caribbean
Federal waters allows commercial
fishermen to legally use the same gear
configuration that is commonly used by
some commercial fisherman who target
deep-water snapper and grouper in
Puerto Rico, St. Croix, and St. Thomas
and St. John state waters. Puerto Rico
and USVI territorial regulations, do not
limit the number of hooks allowed on
deep-water reef fish buoy gear.
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
Amendments 1, the island-based FMPs,
the Magnuson-Stevens Act, and other
applicable laws.
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
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duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting or
recordkeeping compliance requirements
are introduced in this final rule. This
final rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
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 final
rule would not have a significant
economic impact on a substantial
number of small entities. The factual
basis for the certification was published
in the proposed rule and is not repeated
here. No comments from the public
were received regarding this
certification. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
List of Subjects
■
50 CFR Part 600
Caribbean, Fisheries, Fishing,
Recreational.
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
1. The authority citation for part 600
continue to read as follows:
2. In § 600.725, in paragraph (v), in the
table under heading ‘‘V. Caribbean
Fishery Management Council’’, revise
entries 1.H., 2.H, and 3.H. to read as
follows:
■
50 CFR Part 622
Buoy gear, Caribbean, Commercial,
Fisheries, Fishing, Recreational.
Dated: July 13, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 600.725
*
For the reasons set out in the
preamble, NMFS amends 50 CFR parts
600 and 622 as follows:
Fishery
*
General prohibitions.
*
*
(v) * * *
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Authorized gear types
*
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V. Caribbean Fishery Management Council
1. Exclusive Economic Zone around Puerto Rico:
*
*
*
*
*
*
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H. Puerto Rico Recreational Fishery (Non-FMP) ..................................... Automatic reel, bandit gear, handline, longline, rod and reel, spear,
powerhead, hand harvest, cast net.
2. Exclusive Economic Zone around St. Croix:
*
*
*
*
*
*
*
H. St. Croix Recreational Fishery (Non-FMP) .......................................... Automatic reel, bandit gear, handline, longline, rod and reel, spear,
powerhead, hand harvest, cast net.
3. Exclusive Economic Zone around St. Thomas and St. John:
*
*
*
*
*
*
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H. St. Thomas and St. John Recreational Fishery (Non-FMP) ............... Automatic reel, bandit gear, handline, longline, rod and reel, spear,
powerhead, hand harvest, cast net.
*
*
*
*
*
*
*
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PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
3. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
4. In § 622.2, revise the definition of
‘‘Buoy gear’’ to read as follows:
■
§ 622.2
Definitions and acronyms.
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Buoy gear means 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 (except in the EEZ
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*
around Puerto Rico, St. Croix, and St.
Thomas and St. John where the
maximum is 25 hooks) can be connected
between the buoy and terminal end, and
the terminal end contains a weight that
is no more than 10 lb (4.5 kg). The drop
line can be rope (hemp, manila, cotton
or other natural fibers; nylon,
polypropylene, spectra or other
synthetic material) or monofilament, but
must not be cable or wire. The gear is
free-floating and not connected to other
gear or the vessel. The drop line must
be no greater than 2 times the depth of
the water being fished. All hooks must
be attached to the drop line no more
than 30 ft (9.1 m) from the weighted
terminal end. These hooks may be
attached directly to the drop line;
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attached as snoods (defined as an
offshoot line that is directly spliced, tied
or otherwise connected to the drop
line), where each snood has a single
terminal hook; or as gangions (defined
as an offshoot line connected to the
drop line with some type of detachable
clip), where each gangion has a single
terminal hook.
*
*
*
*
*
5. In § 622.440, revise table 2 to
paragraph (a)(2) to read as follows:
■
§ 622.440 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(2) * * *
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TABLE 2 TO § 622.440(a)(2)
Family
Stock or stock complex and species composition
Recreational ACL
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 ..........................................................................................
2,985 lb (1,353.9 kg).
19,634 lb (8,905.8 kg).
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).
Grunts ...............
Jacks ................
Parrotfishes ......
Snappers ..........
Surgeonfishes ..
Triggerfishes .....
Wrasses ...........
1 Indicator
*
*
stock.
*
*
*
[FR Doc. 2023–15219 Filed 7–19–23; 8:45 am]
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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).
Agencies
[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46692-46696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15219]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 622
[Docket No. 230713-0165]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Amendment 1 to the Puerto
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), as submitted by the Caribbean Fishery Management Council (Council).
This final rule and Amendments 1 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
allowable hooks used by the commercial sector in U.S. Caribbean Federal
waters from 10 to 25. The purpose of this final rule and 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: This final rule is effective August 21, 2023.
ADDRESSES: 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: NMFS and the Council manage reef fish and
pelagic stocks and stock complexes in the U.S. Caribbean Exclusive
Economic Zone (EEZ) under the Puerto Rico FMP, St. Croix FMP, and St.
Thomas and St. John FMP (collectively the island-based FMPs). The
Council prepared the island-based FMPs and NMFS implements the FMPs
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On April 6, 2023, NMFS published a notice of availability for
Amendments 1 and requested public comment (88 FR 20453). NMFS approved
Amendments 1 on July 3, 2023. On April 24, 2023, NMFS published a
proposed rule for Amendments 1 and requested public comment (88 FR
24746). The proposed rule and Amendments 1 outline the rationale for
the actions contained in this final rule. A summary of the management
measures described in Amendments 1 and implemented by this final rule
is described below.
Background
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.
These mandates are intended 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. To further this goal,
the Magnuson-Stevens Act requires fishery managers to minimize bycatch
and bycatch mortality to the extent practicable. 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), in section (V) of
the table, describe the authorized fishing gear for each of the
Council-managed fisheries and non-
[[Page 46693]]
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 or ``cala con
boya'' in Puerto Rico and as 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 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 who target deep-water
snapper and grouper in Federal waters around Puerto Rico and the USVI
commented to the Council that they would like to increase the maximum
number of hooks that are allowed while using buoy gear in Federal
waters 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 this final rule and Amendments 1, the use of buoy gear in U.S.
Caribbean Federal waters will be limited to those fishing commercially
and will be prohibited by those fishing recreationally. Prohibiting the
use of buoy gear by the recreational sector in U.S. Caribbean Federal
waters will 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. This final rule
and Amendments 1 also 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.
Management Measures Contained in This Final Rule
This final rule prohibits the use of buoy gear by the recreational
sector in the U.S Caribbean and modifies 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,
this final rule takes 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. 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.
This final rule limits the use of buoy gear to the commercial
sector 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. This
final rule also eliminates any additional ecological, biological and
physical effects that might occur through additional recreational
fishing-related pressure at those grounds and to those resources,
including overfishing the deep-water snapper and grouper resources,
risks to managed species from misuse of the buoy gear and increased
bycatch of managed species that might result through the recreational
use of buoy gear. Finally, the final rule eliminates 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.
This final rule changes 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 applies
only where buoy gear is authorized in the U.S. Caribbean EEZ, and
applies only to the commercial sector as a result of this final rule.
NMFS notes that this change applies to the commercial harvest of both
Council-managed fisheries and non-managed fisheries. The increased
number of
[[Page 46694]]
authorized buoy gear hooks will 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 revision to the buoy gear definition in the U.S. Caribbean
will also avoid enforcement complications for commercial fishermen
harvesting multiple species on a trip because it will 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 will 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, will not change as a result of this final rule.
Measure Contained in This Final Rule Not in Amendments 1
In addition to the buoy gear measures contained in Amendments 1,
this final rule corrects an error from a previous rulemaking. On
September 13, 2022, NMFS published in the Federal Register the final
rule implementing the island-based FMPs for the U.S. Caribbean (87 FR
56204, September 13, 2022). That final rule contained a minor
administrative error in 50 CFR 622.440(a)(2), ``Annual catch limits
(ACLs), annual catch targets (ACTs), and accountability measures
(AMs),'' related to a notation for the recreational ACL for mutton
snapper in Table 2 to Sec. 622.440(a)(2). Mutton snapper, which is an
indicator stock for Snappers, Snapper 4, is notated in that final rule
with an asterisk when it should have been annotated with a superscript
``1.'' In Table 2 of 50 CFR 622.440(b)(2), all indicator stocks are to
be notated with the superscript ``1.'' NMFS became aware of this
inadvertent minor administrative error after the island-based FMPs
final rule published. This final rule revises the notation for mutton
snapper in Table 2 to 50 CFR 622.440(a)(2), Snappers, Snapper 4, to be
a superscript ``1.'' The recreational ACLs in the paragraph remain the
same and do not change in this final rule.
Comments and Reponses
NMFS received two comments on the notice of availability and one
comment on the proposed rule for Amendments 1. Comment submissions were
from members of the general public and a fishermen organization. One
comment was in support of the actions in Amendments 1.
NMFS has not made any changes from the proposed rule to this final
rule based on public comment.
Specific comments related to Amendments 1 and the proposed rule are
grouped as appropriate and responded to below.
Comment 1: The Council wants to prohibit fishing with vertical
bottom line fishing gear, (known locally as ``cala'' in Puerto Rico) as
it is used in Puerto Rico.
Response: NMFS clarifies that neither Amendment 1 to the Puerto
Rico FMP or this final rule prohibit the use of all vertical bottom
line (``cala'') for fishing in the EEZ around Puerto Rico or the rest
of the Caribbean EEZ. Amendments 1 and this final rule specifically
prohibit the use of buoy gear, which is a configuration of the vertical
bottom line, only for use by the recreational sector. The use of buoy
gear by the commercial sector will continue to be authorized. The final
rule limits the use of buoy gear to the commercial sector to prevent
any potential future conflicts between commercial and recreational user
groups resulting from the use of buoy gear. As described in Amendments
1, limiting the use of buoy gear to the commercial sector also avoids
any additional ecological, biological, and physical effects that might
occur through additional recreational fishing-related pressure where
buoy gear is currently used. These effects include reducing the risk of
overfishing of the deep-water snapper and grouper resources, risks to
managed species from misuse of the buoy gear, and increased bycatch of
managed species that might result through the recreational use of buoy
gear.
Buoy gear, known as ``cala con boya'' in Puerto Rico and as deep-
drop buoy gear in the USVI, is typically used by commercial fishermen
in Puerto Rico, and to a lesser extent in the USVI, to harvest deep-
water snappers and groupers in waters up to 1,500 ft (457 m). As
amended by this final rule, 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 (except in the EEZ around Puerto Rico, St. Croix, and St.
Thomas and St. John where the maximum is 25 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).
Therefore, while this final rule prohibits the use of buoy gear for
the recreational sector in the Caribbean EEZ, this final rule does not
restrict the use of buoy gear and vertical bottom line for the
commercial sector in the Caribbean EEZ.
Comment 2: The Council and NMFS want to eliminate the use of buoy
gear by the recreational sector even though the sector does not use
this type of fishing gear in Caribbean Federal waters. If the Council
and NMFS are concerned about pressure on the deep-water reef fish
fishery, they should reduce the number of commercial hooks allowed
rather than increase them.
Response: As described in Amendments 1, there are no recreational
fishing data showing that the recreational sector operating in U.S.
Caribbean Federal waters uses or has used buoy gear. This is likely
because buoy gear is a very specialized commercial gear type that is
expensive and generally difficult to use by anyone other than a
professional commercial fisherman. NMFS agrees with the Council that it
is appropriate to limit its use to those fishing commercially. As noted
in the response to Comment #1, this precautionary approach eliminates
potential future conflicts between commercial and recreational user
groups at the deep-water fishing grounds, potential risks to managed
species that may result from misuse of buoy gear by the recreational
sector, including overfishing the deep-water snapper and grouper
resources from additional fishing pressure, bycatch of managed species
by the recreational sector, and any safety concerns potentially
associated with the recreational use of buoy gear at the deep-water
reef fish fishing grounds. NMFS notes that increasing the maximum
number of hooks that are allowed while using buoy gear by the
commercial sector in U.S. Caribbean Federal waters allows commercial
fishermen to legally use the same gear configuration that is commonly
used by some commercial fisherman who target deep-water snapper and
grouper in Puerto Rico, St. Croix, and St. Thomas and St. John state
waters. Puerto Rico and USVI territorial regulations, do not limit the
number of hooks allowed on deep-water reef fish buoy gear.
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 Amendments 1, the island-based FMPs, the Magnuson-
Stevens Act, and other applicable laws.
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
[[Page 46695]]
duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting or recordkeeping compliance
requirements are introduced in this final rule. This final rule
contains no information collection requirements under the Paperwork
Reduction Act of 1995.
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 final rule
would not have a significant economic impact on a substantial number of
small entities. The factual basis for the certification was published
in the proposed rule and is not repeated here. No comments from the
public were received regarding this certification. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
List of Subjects
50 CFR Part 600
Caribbean, Fisheries, Fishing, Recreational.
50 CFR Part 622
Buoy gear, Caribbean, Commercial, Fisheries, Fishing, Recreational.
Dated: July 13, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR parts
600 and 622 as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continue to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.725, in paragraph (v), in the table under heading ``V.
Caribbean Fishery Management Council'', revise entries 1.H., 2.H, and
3.H. 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:
* * * * * * *
H. Puerto Rico Recreational Fishery Automatic reel, bandit gear,
(Non-FMP). handline, longline, rod and
reel, spear, powerhead, hand
harvest, cast net.
2. Exclusive Economic Zone around St. Croix:
* * * * * * *
H. St. Croix Recreational Fishery (Non- Automatic reel, bandit gear,
FMP). handline, longline, rod and
reel, spear, powerhead, hand
harvest, cast net.
3. Exclusive Economic Zone around St. Thomas and St. John:
* * * * * * *
H. St. Thomas and St. John Recreational Automatic reel, bandit gear,
Fishery (Non-FMP). 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. In Sec. 622.2, revise the definition of ``Buoy gear'' to read as
follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Buoy gear means 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 (except in the EEZ around Puerto Rico, St.
Croix, and St. Thomas and St. John where the maximum is 25 hooks) can
be connected between the buoy and terminal end, and the terminal end
contains a weight that is no more than 10 lb (4.5 kg). The drop line
can be rope (hemp, manila, cotton or other natural fibers; nylon,
polypropylene, spectra or other synthetic material) or monofilament,
but must not be cable or wire. The gear is free-floating and not
connected to other gear or the vessel. The drop line must be no greater
than 2 times the depth of the water being fished. All hooks must be
attached to the drop line no more than 30 ft (9.1 m) from the weighted
terminal end. These hooks may be attached directly to the drop line;
attached as snoods (defined as an offshoot line that is directly
spliced, tied or otherwise connected to the drop line), where each
snood has a single terminal hook; or as gangions (defined as an
offshoot line connected to the drop line with some type of detachable
clip), where each gangion has a single terminal hook.
* * * * *
0
5. In Sec. 622.440, revise table 2 to paragraph (a)(2) to read as
follows:
Sec. 622.440 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(2) * * *
[[Page 46696]]
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).
Grouper 4--black grouper, red 5,867 lb (2,661.2 kg).
grouper, 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, 17,052 lb (7,734.6 kg).
queen 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 24,974 lb (11,328 kg).
snapper \1\.
Snapper 3--lane snapper.............. 21,603 lb (9,798.9 kg).
Snapper 4--dog snapper, mutton 76,625 lb (34,756.5 kg).
snapper \1\, 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, 860 lb (390 kg).
ocean 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 5,372 lb (2,436.6 kg).
hogfish.
----------------------------------------------------------------------------------------------------------------
\1\ Indicator stock.
* * * * *
[FR Doc. 2023-15219 Filed 7-19-23; 8:45 am]
BILLING CODE 3510-22-P