Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and St. John; Amendment 2, 68572-68575 [2024-19172]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Proposed Rules]
[Pages 68572-68575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19172]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BM94


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and 
St. John; Amendment 2

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 2 to the Puerto Rico Fishery Management Plan (FMP), 
Amendment 2 to the St. Croix FMP, and

[[Page 68573]]

Amendment 2 to the St. Thomas and St. John FMP (jointly Amendment 2) 
for review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendment 2 would prohibit and restrict the use 
of certain net gear in U.S. Caribbean Federal waters and would require 
a descending device be available and ready for use on vessels when 
fishing for federally managed reef fish in U.S. Caribbean Federal 
waters. The purpose of Amendment 2 is to protect habitats and species 
from the potential negative impacts associated with the use of certain 
net gear and to enhance the survival of released reef fish in U.S. 
Caribbean Federal waters.

DATES: Written comments on Amendment 2 must be received on or before 
October 28, 2024.

ADDRESSES: You may submit comments on Amendment 2, identified by 
``NOAA-NMFS-2024-0084'', by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and enter ``NOAA-NMFS-2024-0084'', 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, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    An electronic copy of Amendment 2, which includes a fishery impact 
statement, an environmental assessment, a regulatory impact review, and 
a Regulatory Flexibility Act (RFA) analysis, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-2-puerto-rico-st-croix-and-st-thomas-and-st-john-fishery-management-plans-trawl.

FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, NMFS Southeast 
Regional Office, 727-824-5305, [email protected].

SUPPLEMENTARY INFORMATION: NMFS, with advice of the Council, manages 
the Puerto Rico, St. Croix, and St. Thomas and St. John fisheries in 
U.S. Caribbean Federal waters under the Puerto Rico, St. Croix, and St. 
Thomas and St. John FMPs. The Council prepared the FMPs, which the 
Secretary of Commerce approved, and NMFS implements the FMPs through 
regulations at 50 CFR part 622 under the authority of Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). The 
Magnuson-Stevens Act requires each regional fishery management council 
to submit any FMP or FMP amendment to the Secretary of Commerce for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.

Background

    The Magnuson-Stevens Act requires NMFS and the regional fishery 
management councils to prevent overfishing and 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 authorizes the Council and NMFS to regulate 
fishing activity to support the conservation and management of 
federally managed fisheries, which may include regulations that pertain 
to fishing for non-federally managed species (i.e., species that are 
not managed under an FMP).
    On September 22, 2020, the Secretary of Commerce approved the 
Puerto Rico, St. Croix, and St. Thomas and St. John FMPs under section 
304(a)(3) of the Magnuson-Stevens Act. The FMPs took effect on October 
13, 2022, after NMFS published the final rule to implement the FMPs (87 
FR 56204; September 13, 2022). Each FMP contains management measures 
applicable for Federal waters in the respective island management area, 
including allowable fishing gear and harvest methods for species 
managed under each FMP. Federal regulations at 50 CFR part 622 Subpart 
S, Subpart T, and Subpart U describe management measures for Puerto 
Rico, St. Croix, and St. Thomas and St. John, respectively. Federal 
waters around Puerto Rico extend seaward from 9 nautical miles (nmi) or 
16.7 kilometers (km) from shore to the offshore boundary of the U.S. 
Caribbean exclusive economic zone (EEZ). 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 U.S. Caribbean EEZ.
    In addition to regulations specific to each FMP, Federal 
regulations at 50 CFR 600.725(v)(V) identify the fishing gear 
authorized for federally-managed fisheries and non-managed fisheries of 
each island management area. Employing fishing gear or engaging in 
fishing in a fishery that is not on the list of authorized fisheries 
and authorized gear types is prohibited. However, an individual 
fisherman may notify the Council of the intent to use a fishing gear or 
participate in a fishery that is not on the authorized list (50 CFR 
600.725(v)). Ninety days after such notification to the Council, the 
individual may use such fishing gear or participate in the fishery 
unless regulatory action is taken to prohibit the use of the gear or 
participation in the fishery.
    In Federal waters around Puerto Rico, St. Croix, and St. Thomas and 
St. John, gillnets are listed as an authorized gear type for the 
commercial federally-managed and non-federally managed pelagic 
fisheries, as well as all other commercial non-federally managed 
fisheries located in U.S. Caribbean Federal waters. Trawl nets are 
listed as an authorized gear type for the commercial non-federally 
managed fisheries, other than the non-managed pelagic fisheries. Purse 
seines and trammel nets are not listed as authorized fishing gear for 
any fishery (managed or non-managed) in U.S Caribbean Federal waters.
    At its December 2021 meeting, the Council discussed prohibiting the 
use of trawl gear, trammel nets, purse seines, and gillnets for all 
fishing in U.S. Caribbean Federal waters as a precautionary approach to 
prevent potential negative impacts from the use of these fishing gear 
types to sensitive habitats present in U.S. Caribbean Federal waters 
and to eliminate the potential for bycatch associated with each of 
these types of fishing gear. During the development of Amendment 2, 
when considering the use of gillnet gear, the Council recommended 
restricting the use of gillnets such that it would only be allowed for 
fishing in non-managed fisheries to accommodate fishermen who use 
gillnet gear at the surface of the water to catch baitfish.

[[Page 68574]]

    Currently, gear-specific regulations in U.S. Caribbean Federal 
waters prohibit the use of gillnets and trammel nets in the federally-
managed reef fish and spiny lobster fisheries. These regulations 
require that any gillnet or trammel net used to fish for any other 
species must be tended at all times (50 CFR 622.437(a)(3) and (c)(2); 
50 CFR 622.477(a)(3) and (c)(2); 50 CFR 622.512(a)(3) and (c)(2)). 
Gillnets and trammel nets are also prohibited for use year-round in the 
seven federally-managed seasonally closed areas: Puerto Rico--(1) Abrir 
La Sierra Bank (50 CFR 622.439(a)(1)(ii)), (2) Tourmaline Bank (50 CFR 
622.439(a)(2)(ii)), (3) Bajo de Sico (50 CFR 622.439(a)(3)(ii)); U.S. 
Virgin Islands (USVI)--(4) Mutton Snapper Spawning Aggregation Area (50 
CFR 622.479(a)(1)(ii)), (5) Red Hind Spawning Aggregation Area east of 
St. Croix (50 CFR 622.479(a)(2)(ii)), (6) Grammanik Bank (50 CFR 
622.514(a)(1)(ii)), and (7) Hind Bank Marine Conservation District (50 
CFR 622.514(a)(2)). Though trawl gear, trammel nets, purse seines, and 
gillnets are used infrequently, if at all, by commercial or 
recreational fishermen in Federal waters around Puerto Rico, St. Croix, 
or St. Thomas and St. John, the Council recommends being proactive in 
protecting marine resources and recommend regulatory action to prohibit 
or restrict the use of these fishing gear types in U.S. Caribbean 
Federal waters.
    Currently, trawl gear, which includes bottom and mid-water trawls, 
is listed as an authorized fishing gear type for commercial non-
federally managed fisheries, other than the non-managed pelagic 
fisheries under each FMP (Table part V to 50 CFR 600.725(v)). As 
described in Amendment 2, there is no evidence that commercial 
fishermen use or have ever used trawl gear in Federal waters around any 
of the island management areas, except for limited exploratory research 
(e.g., for commercial fishing purposes) conducted in the early 1900s.
    As discussed, the use of trammel net gear is currently prohibited 
in the federally-managed reef fish and spiny lobster fisheries in 
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St. 
John. Trammel nets are not listed in Table part V to 50 CFR 600.725(v) 
as an authorized fishing gear type in any managed or non-managed 
fisheries in Federal waters around Puerto Rico, St. Croix, and St. 
Thomas and St. John. As described in Amendment 2, some trammel net 
landings of non-managed species such as baitfish have been reported 
from fisheries located in Federal waters around Puerto Rico. There is 
no evidence of the use of trammel nets in fisheries located in Federal 
waters around the USVI.
    Similar to trammel net gear, purse seine is not identified in Table 
part V to 50 CFR 600.725(v) as an authorized fishing gear type for any 
fishery in any of the island management areas. As discussed in 
Amendment 2, purse seines are not used in any fishery located in 
Federal waters around Puerto Rico or the USVI.
    As discussed in Amendment 2, the use of gillnets is prohibited in 
the federally-managed reef fish and spiny lobster fisheries, and they 
are rarely used by commercial fishermen in non-managed fisheries in 
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St. 
John due to depth and distance from the coast. However, gillnets are 
allowed and used in Puerto Rico territorial waters to fish for certain 
non-managed commercial species, including baitfish. Gillnets are 
prohibited in USVI territorial waters, except for gillnets used at the 
surface for the commercial harvest of certain species of baitfish.
    In addition to impacts associated with the use of certain types of 
fishing gear discussed above, there is a concern about the mortality of 
reef fish that are released after capture by commercial and 
recreational fishermen, particularly reef fish caught in Federal waters 
around Puerto Rico, St. Croix, and St. Thomas and St. John that 
experience injuries related to barotrauma. Barotrauma in fish is the 
rapid expansion of gases inside a fish as it is rapidly retrieved from 
depth. Barotrauma generally occurs when retrieving fish from depths of 
90 feet (27.4 meters) or greater, though it can occur in waters as 
shallow as approximately 33 feet (10 meters) deep. Fishermen can help 
increase the survivability of fish showing signs of barotrauma that are 
released by using a descending device. A descending device lowers a 
fish back to depth where internal gases recompress and the fish can be 
released unharmed. Descending devices are not currently required to be 
on any fishing vessels in U.S. Caribbean Federal waters.

Actions Contained in Amendment 2

    Amendment 2 would (1) prohibit the use of trawls, trammel nets, and 
purse seines in all fisheries located in Federal waters around Puerto 
Rico, St. Croix, and St. Thomas and St. John, (2) prohibit the use of 
gillnets in federally-managed fisheries in Federal waters around Puerto 
Rico, St. Croix, and St. Thomas and St. John, and restrict the use of 
gillnets in non-managed fisheries to a gillnet that meets specified 
requirements, and (3) require a descending device be available and 
ready for use on each fishing vessel when fishing in federally-managed 
reef fish fisheries located in Federal waters around Puerto Rico, St. 
Croix, and St. Thomas and St. John.

Trawl, Trammel Net, and Purse Seine Gear Prohibition

    As described in Amendment 2, the Council recommended a 
precautionary approach to management that would prevent the future use 
of trawl, trammel net, and purse seine gear by any sector (i.e., 
commercial and recreational) in any fishery (i.e., managed and non-
managed) located in Federal waters around Puerto Rico, St. Croix, and 
St. Thomas and St. John. With respect to non-managed fisheries, the 
Magnuson-Stevens Act gives the fishery management councils and NMFS 
authority to regulate fishing activity to support the conservation and 
management of fisheries, which can include regulations that pertain to 
non-managed fisheries. Through this precautionary action, the Council 
seeks to prevent potentially negative effects to habitats and species 
associated with the use of certain types of fishing gear.
    Amendment 2 would prohibit the use of trawl, trammel net, and purse 
seine gear in all fisheries located in Federal waters around Puerto 
Rico, St. Croix, and St. Thomas and St. John. If implemented, and the 
gear types are specifically prohibited, fishermen would not be able to 
petition the Council to use of trawl, trammel net, and purse seine gear 
in Federal waters.

Gillnet Gear Prohibition and Restriction

    Amendment 2 includes a precautionary action to prohibit the use of 
gillnets in all federally-managed fisheries located in Federal waters 
around Puerto Rico, St. Croix, and St. Thomas and St. John. Amendment 2 
would also restrict the use of gillnets in Federal waters around Puerto 
Rico, St. Croix, and St. Thomas and St. John to commercial non-managed 
fisheries only, and only so long as the gillnet meets the following 
specifications and requirements: (1) the gillnet mesh size must be 
exactly 0.75 inches (1.9 centimeters) square or 1.5 inches (3.8 
centimeters) stretched; (2) one gillnet up to 600 feet (182.9 m) in 
length is allowed on board a vessel; (3) the gillnet must be used 20 
feet (6.1 m) or more above the bottom; and (4) the gillnet must be 
tended at all times.
    The current use of gillnets in the commercial non-managed fisheries 
located in Federal waters around Puerto

[[Page 68575]]

Rico, St. Croix, and St. Thomas and St. John is minimal, due to the 
water depth and distance from the coast. Amendment 2 would establish 
specific requirements for gillnets used in these fisheries to prevent 
or minimize potential negative ecological and biological effects (e.g., 
bycatch of undersized individuals or protected species), and to prevent 
physical effects to habitats in the U.S. Caribbean Federal waters, 
which may occur if a gillnet is attached to or makes contact with the 
bottom. The specific gillnet requirements were developed to reflect how 
the gear is currently used by commercial fishermen in territorial 
waters around Puerto Rico and the USVI to harvest baitfish.

Descending Devices

    Amendment 2 would require a descending device be on board a 
commercial or recreational vessel and readily available for use while 
fishing for or possessing species of reef fish managed under the FMPs. 
The list of reef fish managed by the Council in each FMP and can be 
found in table 3 to 50 CFR part 622.431 (Puerto Rico), table 2 to 50 
CFR part 622.471 (St. Croix), and table 2 to 50 CFR part 622.506 (St. 
Thomas and St. John).
    For this proposed requirement, a descending device means an 
instrument that is attached to a minimum 16-ounces (454-grams) of 
weight and length of line that will release the fish at the depth from 
which it was caught, or a minimum of 60 feet (18.3 meters). The 
descending device attaches to the fish's mouth or is a container that 
will hold the fish. The device must be capable of releasing the fish 
automatically, by the actions of the operator of the device, or by 
allowing the fish to escape on its own. Since minimizing surface time 
is critical to increasing survival, a descending device must be readily 
available for use while engaged in fishing for federally-managed reef 
fish.

Proposed Rule for Amendment 2

    NMFS has drafted a proposed rule to implement Amendment 2. 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 Amendment 2 for Secretarial review, 
approval, and implementation. Comments on Amendment 2 must be received 
by October 28, 2024. NMFS is considering if additional time for 
implementing the descending device requirement would be warranted to 
allow the Council the opportunity to conduct additional outreach and 
education activities and for fishermen to obtain the required 
descending device. NMFS will announce for the effective date of the 
descending device requirement in any final rule for Amendment 2. 
Comments received during the respective comment periods, whether 
specifically directed to Amendment 2 or the proposed rule will be 
considered by NMFS in the decision to approve, disapprove, or partially 
approve Amendment 2. Comments received after the comment periods will 
not be considered by NMFS in this decision. All comments received by 
NMFS on Amendment 2 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: August 21, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-19172 Filed 8-26-24; 8:45 am]
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