[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Proposed Rules]
[Pages 30730-30765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09588]
[[Page 30729]]
Vol. 87
Thursday,
No. 97
May 19, 2022
Part IV
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Parts 600 and 622
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and
St. Thomas and St. John; Proposed Rule
Federal Register / Vol. 87 , No. 97 / Thursday, May 19, 2022 /
Proposed Rules
[[Page 30730]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 622
[Docket No. 220428-0108]
RIN 0648-BD32
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and
St. Thomas and St. John
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures in three new
fishery management plans (FMPs), as prepared and submitted by the
Caribbean Fishery Management Council (Council). If finalized, this
proposed rule would replace regulations implementing the U.S. Caribbean
region-wide FMPs with regulations implementing the approved island-
based FMPs. The purpose of the island-based FMPs is to update
management of Federal fisheries in the U.S. Caribbean. NMFS expects
these management measures would better account for differences among
the U.S. Caribbean islands with respect to culture, markets, fishing
gear used, seafood preferences, and ecological impacts.
DATES: Written comments on the proposed rule must be received by June
21, 2022.
ADDRESSES: You may submit comments on this proposed rule, identified by
``NOAA-NMFS-2019-0155,'' by either of the following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter ``NOAA-NMFS-2019-0155'' in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Submit written comments to Mar[iacute]a del Mar
L[oacute]pez-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
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 required fields if you wish to remain anonymous.
Electronic copies of the island-based FMPs may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/caribbean-island-based-fishery-management-plans. Each island-based FMP includes an environmental
assessment (EA), regulatory impact review, and fishery impact
statement. A Regulatory Flexibility Act (RFA) analysis for each island-
based FMP has also been prepared and is available at the Southeast
Regional Office website.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez-
Mercer, NMFS Southeast Regional Office, telephone: 727-824-5305, or
email: [email protected].
SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishery
resources in the U.S. Caribbean exclusive economic zone (EEZ) around
Puerto Rico, St. Croix, and St. Thomas and St. John through FMPs
prepared by the Council and NMFS, and through implementing regulations
promulgated by NMFS at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
Background
The Council and NMFS manage fisheries under its authority under
four U.S. Caribbean-wide FMPs for Puerto Rico and the U.S. Virgin
Islands (USVI), which is composed of St. Croix, and St. Thomas and St.
John. These are the FMPs for the Reef Fish Fishery of Puerto Rico and
the USVI (Reef Fish FMP), the FMP for the Spiny Lobster Fishery of
Puerto Rico and the USVI (Spiny Lobster FMP), the FMP for the Queen
Conch Resources of Puerto Rico and the USVI (Queen Conch FMP), and the
FMP for the Corals and Reef Associated Plants and Invertebrates of
Puerto Rico and the USVI (Coral FMP). On September 22, 2020, the
Secretary of Commerce approved the island-based FMPs under section
304(a)(3) of the Magnuson-Stevens Act. The island-based FMPs, once
implemented, would replace the U.S. Caribbean-wide FMPs.
NMFS finalized regulations to implement the Spiny Lobster FMP in
1984 (49 FR 50049; December 26, 1984), the Reef Fish FMP in 1985 (50 FR
34850; August 28, 1985), the Coral FMP in 1995 (60 FR 58221; November
27, 1995), and the Queen Conch FMP in 1996 (61 FR 65481; December 13,
1996). Each FMP was amended on several occasions. Under these FMPs and
implementing regulations, the Council and NMFS manage fisheries in the
U.S. Caribbean Exclusive Economic Zone (EEZ). However, the Council
established certain management measures that apply separately within
Federal waters off Puerto Rico, St. Croix, and St. Thomas and St. John,
based on the availability of island-specific data. For example,
Amendment 5 to the Reef Fish FMP and Amendment 2 to the Queen Conch FMP
(2010 Caribbean Annual Catch Limit Amendment; 76 FR 82404; December 30,
2011), defined the fishery management boundaries of the U.S. Caribbean
EEZ around Puerto Rico, St. Croix, and St. Thomas and St. John. Those
FMP amendments, and later amendments, established separate, island-
specific annual catch limits (ACLs) and accountability measures (AMs)
for almost all species under management.
In 2012, the Council initiated public discussion of an island-based
approach to the management of fisheries in the U.S. Caribbean EEZ to
address requests from fishermen, fishing community representatives, and
the governments of Puerto Rico and the USVI that the Council consider
the differences among the islands when addressing fisheries management
in the U.S. Caribbean. These entities highlighted the unique
characteristics of the fishery resources within each island or island
group, and the communities that are dependent on those resources. For
example, there are different species that are economically or
ecologically important in Federal waters around each island or island
group, and the island-based approach provides a better mechanism to
identify those species and to establish related management measures for
those species (e.g., bag limits, trip limits, closed areas, and closed
seasons). NMFS and the Council expected that the island-based FMPs
would better account for differences among the U.S. Caribbean islands
with respect to culture, markets, fishing gear used, seafood
preferences, and the ecological impacts.
The Council responded to these public requests by deciding to shift
from a U.S. Caribbean-wide management approach to an island-based
management approach, and began developing FMPs for Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively. The Council's initial
decision to pursue an island-based management approach was supported
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by an EA completed in 2014, which analyzed transitioning from U.S.
Caribbean-wide to island-based management. The EA evaluated the impact
of incorporating the management measures in effect at that time under
the U.S. Caribbean-wide FMPs into FMPs for different island management
areas. For example, the Council evaluated subdividing the island
management zones into a two, three, or four island-group approach. The
EA provided the public with the potential impacts of such a shift in
Federal fisheries management in the U.S. Caribbean. Based on the 2014
EA, the Council proceeded with developing FMPs for three island areas.
The island-based FMPs are the Comprehensive FMP for the Puerto Rico EEZ
(Puerto Rico FMP), the Comprehensive FMP for the St. Croix EEZ (St.
Croix FMP), and the Comprehensive FMP for the St. Thomas and St. John
EEZ (St. Thomas and St. John FMP). Each of these FMPs is evaluated in
three additional, separate EAs, which were finalized in 2020.
On June 26, 2020, NMFS published in the Federal Register a notice
of availability for the three island-based FMPs and requested public
comment (85 FR 38350). NMFS received five comments. On September 22,
2020, the Secretary of Commerce approved the three island-based FMPs
under section 304(a)(3) of the Magnuson-Stevens Act. NMFS will respond
to any relevant comments from the notice of availability and this
proposed rule in any final rule for this action.
If implemented via this rulemaking, the management measures
contained in the Puerto Rico FMP, the St. Croix FMP, and the St. Thomas
and St. John FMP, in combination, would replace management measures in
the U.S. Caribbean-wide FMPs. The U.S. Caribbean EEZ, also referred to
as Federal waters, begins 9 nautical miles (nmi) from shore off Puerto
Rico and 3 nmi from shore off the USVI, and the U.S. Caribbean EEZ
extends up to 200 nmi from shore, except where the principle of
equidistance is applied for conformance to the maritime boundaries of
neighboring nations. Federal waters around Puerto Rico, St. Croix, and
St. Thomas and St. John are defined as the respective island management
areas under the island-based FMPs. Each of the island-based FMPs retain
most of the management measures established under the U.S. Caribbean-
wide FMPs that apply to the respective island management area,
including seasonal and area closures, minimum size limits, and
recreational bag limits. The island-based FMPs revise certain
management measures, such as the species included for Federal
management, and ACLs and AMs. If finalized, this rule would establish
regulations specifically applicable to each island management area
under three separate subparts to 50 CFR part 622, and fisheries
management would be adapted to the individual characteristics of Puerto
Rico, St. Croix, and St. Thomas and St. John.
Management Measures Contained in This Proposed Rule
The island-based FMPs incorporate fishery management measures
included in the U.S. Caribbean-wide Spiny Lobster, Reef Fish, Queen
Conch, and Coral FMPs that are applicable to the EEZ around each of the
island management areas. This proposed rule would reorganize the
current regulations into island-specific subparts. For example, each
island-based FMP would retain the aggregate recreational bag limit
established in the Reef Fish FMP for groupers, snappers, and
parrotfish, and the regulations would restate the bag limit in each of
the island-specific subparts, though some species may have been added
to or removed from management. Restrictions established under the Reef
Fish FMP that only applied to a particular management area, such as the
minimum size limits for parrotfish off St. Croix, would be included in
the St. Croix subpart only. The island-based FMPs revise the list of
species managed and modify the stock or stock complexes under which
those species are managed; revise and specify ACLs; establish annual
catch targets (ACTs) for pelagic stocks; revise AMs; and update the FMP
framework procedures. These measures would be implemented in
regulations specific to each island management area. Certain management
reference points, such as stock and stock complex status determination
criteria (SDC), are not codified and therefore are not included in this
proposed rule. Those measures are contained in the island-based FMPs.
The management measures under each island-based FMP that would be
implemented by this proposed rule are described in the following
sections. For each type of management action, information applicable to
all three island management areas is described first, followed by
island area-specific modifications, where applicable.
Island-Based Management
The proposed rule would restructure the regulations at 50 CFR part
622 from four subparts corresponding to the U.S. Caribbean-wide FMPs
(Reef Fish, Spiny Lobster, Corals and Reef Associated Plants and
Invertebrates, and Queen Conch) to three subparts corresponding to
island-based FMPs (Puerto Rico, St. Croix, and St. Thomas and St. John)
and would incorporate U.S. Caribbean-wide management measures, as
appropriate, into the appropriate island-specific subpart. Some of the
existing management measures that would continue under this proposed
rule, in the appropriate island-specific subpart, include gear
identification requirements; areas in the EEZ closed to all fishing or
closed to fishing for certain species, and during certain times of the
year; recreational bag limits; restrictions on the sale or purchase of
some live species for the aquarium trade; size limits for certain
species; and prohibitions on the harvesting of certain species of
parrotfish. In addition, this proposed rule would implement other
management measures in the approved island-based FMPs, as discussed
further in this proposed rule.
Selection of Species To Be Managed
The Reef Fish, Spiny Lobster, Queen Conch, and Coral FMPs and the
regulations implementing those FMPs include 81 species of reef fish, 58
species of aquarium trade fish, spiny lobster, queen conch, 94 genera
or species of corals, and 63 genera or species of aquarium trade
invertebrates (see current Table 1 to appendix A of 50 CFR part 622).
Each island-based FMP replaces those FMPs within the particular island
management area and includes a unique list of managed species based on
the specific characteristics of each island management area. The
proposed rule would specify the managed species in each island
management area under the respective island-based FMP. The Council's
Scientific and Statistical Committee (SSC) and the District Advisory
Panel from each island management area provided recommendations on the
criteria used for the Council to select the species for each island-
based FMP. Species for management were determined using five sequential
criteria, beginning with the criterion to include species in greatest
need of conservation and management (e.g., overfished, prohibited
harvest, etc.). After including the species in greatest need of
conservation and management, the remaining species considered for
management were those species for which the NMFS Southeast Fisheries
Science Center's (SEFSC) data indicated that the species had been
landed in the particular island area.
Puerto Rico Species for Management
Spiny lobster, queen conch, 63 species of fish, and all species of
corals,
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sea urchins, and sea cucumbers that occur within the Puerto Rico
management area are included for management in the Puerto Rico FMP and
in this proposed rule. Of the 63 species of fish included for
management, 18 species in the EEZ around Puerto Rico would be new to
management.
St. Croix Species for Management
Spiny lobster, queen conch, 43 species of fish, and all species of
corals, sea urchins, and sea cucumbers that occur within the St. Croix
management area are included for management in the St. Croix FMP and in
this proposed rule. Of those 43 species of fish, 2 species in the EEZ
around St. Croix would be new to management.
St. Thomas and St. John Species for Management
Spiny lobster, queen conch, 47 species of fish, and all species of
corals, sea urchins, and sea cucumbers that occur within the St. Thomas
and St. John management area are included for management in the St.
Thomas and St. John FMP and in this proposed rule. Of the 47 species of
fish, 3 species in the EEZ around St. Thomas and St. John would be new
to management.
Stock Complex Organization and Selection of Indicator Stocks
After establishing the list of species for management under each
island-based FMP, the Council determined whether to manage those
species as individual stocks or in stock complexes. For those managed
in stock complexes, the Council determined if one or more indicator
stocks should be assigned to the species groups. An indicator stock is
a stock with measurable and objective SDC that can be used to help
manage and evaluate more poorly known stocks that are in a stock
complex (50 CFR 600.310(d)(2)(ii)(A)). In the island-based FMPs, this
action resulted in a different organization of stocks than under the
U.S. Caribbean-wide FMPs. Thus, under the island-based FMPs and this
proposed rule, a new number of stocks and stock complexes would be
managed relative to the U.S. Caribbean-wide FMPs.
Puerto Rico Stock Organization
The Puerto Rico FMP and this proposed rule would manage species as
18 individual stocks and 19 stock complexes and would include 7
indicator stocks.
St. Croix Stock Organization
The St. Croix FMP and this proposed rule would manage species as 13
individual stocks and 13 stock complexes and would include 6 indicator
stocks.
St. Thomas and St. John Stock Organization
The St. Thomas and St. John FMP and this proposed rule would manage
species as 12 individual stocks and 14 stock complexes and would
include 9 indicator stocks.
Status Determination Criteria and Other Management Reference Points
The Magnuson-Stevens Act requires that FMPs specify a number of
reference points for managed fish stocks, including maximum sustainable
yield (MSY) or MSY proxy, as well as stock SDC including overfished and
overfishing thresholds and acceptable biological catch (ABC). These SDC
and other reference points provide the means to measure the status and
performance of fisheries relative to established goals.
The SDC and other management reference points for stocks managed
under the four U.S. Caribbean-wide FMPs were established by the 2005
Caribbean Sustainable Fisheries Act Amendment and implementing
regulations (70 FR 62073; October 28, 2005), and the ABC control rules
included in the 2010 Caribbean ACL Amendment and Amendment 6 to the
Reef Fish FMP, Amendment 5 to the Spiny Lobster FMP, Amendment 3 to the
Queen Conch FMP, and Amendment 3 to the Coral FMP (76 FR 82414;
December 30, 2011) (2011 Caribbean ACL Amendment).
The ABC control rule contained in each island-based FMP replaces
the ABC control rules included in the 2010 Caribbean ACL Amendment and
2011 Caribbean ACL Amendment, as applicable. The island-based FMPs
establish SDC and other management reference points for all stocks and
stock complexes to be included for island-based management. SDC and
other management reference points were defined following a 3-step
process.
Step 1 adopts and applies a 4-tiered ABC control rule to specify
MSY, SDC, and ABC depending on differing levels of data availability.
Step 2 establishes a proxy to use when the fishing mortality that would
produce MSY (FMSY) cannot be determined. Step 3 applies a
reduction factor, reflecting the Council's estimate of management
uncertainty, to the ABC for each stock or stock complex to specify the
ACL for the stock or stock complex. The optimum yield (OY) would be set
equal to the ACL for each stock or stock complex.
Under the ABC control rule in each island-based FMP, Tier 1 applies
to stocks with the most data available, while each subsequent tier
operates with less available data than the preceding tier. Tier 4, the
final tier, is the most data limited and applies when no accepted
quantitative assessment is available. The tiered approached to the ABC
control rule positions the Council to take advantage of future
improvements in data and analytical methodologies. The higher tiers of
the ABC control rule (i.e., 1, 2, or 3) require inputs from a
quantitative stock assessment, which in turn require additional data
than was available at the time the island-based FMPs were under
development. Establishing those tiers now, in anticipation of
improvements in data, allows the Council to act more quickly when those
data become available than if the Council adopts an ABC control rule
that encompasses the Tier 4 process alone.
In Tier 4, the most data-limited of the options, an MSY proxy and
maximum fishing mortality threshold (MFMT), are defined with respect to
assumptions made in Step 2 about fishing mortality rate, but cannot be
quantified due to data limitations. In addition, Tier 4 introduces a
new reference point, the sustainable yield level (SYL), which is
determined under one of two sub-tiers, Tier 4a and Tier 4b, based on
the SSC's understanding of the stock's vulnerability to fishing
pressure. Tier 4a is less conservative and is applicable when the stock
has a relatively low or moderate vulnerability to fishing pressure.
Tier 4b is more conservative and is applicable when the stock has
relatively high vulnerability to fishing pressure. The SYL is a
quantitative estimate of the level of landings that can be sustained
over the long term. SYL is intended to be used when quantitative
information with which to set MSY or an MSY proxy based on fishing
mortality rate is not available. The SYL serves as a proxy for the OFL
and a minimum estimate of MSY where MSY is greater than or equal to
SYL. Thus, SYL also is an MSY proxy. The ABC is reduced from the SYL
depending on the SSC's determination of scientific uncertainty.
The Council applied this 3-step process to determine SDC and other
management reference points for all stocks and stock complexes proposed
for management. When the island-based FMPs were under development, all
stocks and stock complexes fell under Tier 4 of the ABC control rule
(Step 1). Under the definitions in Tier 4, the MSY proxy is equal to
the long-term yield FMSY proxy, the MFMT is equal to
FMSY
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proxy, and the minimum stock size threshold (MSST) is equal to 75
percent of the spawning stock biomass at MFMT. Under Step 2, for all
stocks and stock complexes across all island-areas, the Council
established a FMSY proxy equal to 30 percent of the maximum
spawning potential of a stock under conditions of no fishing mortality
(F30%SPR).
Applying Tier 4 of the ABC control rule (Step 1), the SSC derived
SYLs from a period of stable and sustainable landings, and recommended
ABCs based on those SYLs, with certain exceptions discussed in the
island-specific sections later in this preamble. Revising or
establishing the SDC and other reference points under Tier 4 ensures,
based on the best scientific information available, that the SDC and
reference points prevent overfishing and achieve OY.
Finally, under Step 3, the Council applied a management uncertainty
buffer to the ABCs to specify the ACLs, where the ACL for the stock or
stock complex equals OY, as discussed in the island-specific ACL
sections later in this preamble.
NMFS notes that except for ACLs, SDC and other management reference
points are not codified in this proposed rule, but are described in
each island-based FMP.
Puerto Rico Stock Evaluation
For the Puerto Rico FMP, landings data for Council-managed reef
fish, pelagic fish, and rays were available for the commercial and
recreational fishing sectors operating in state and federal waters
around Puerto Rico. The Council's SSC relied on landings data to
determine an SYL, as a proxy for MSY and OFL, and ABC for most fish
stocks and stock complexes, with ACLs set by sector. For spiny lobster,
only commercial landings data are collected. Because recreational
landings data are not available, the SYL, ABC, and ACL for spiny
lobster are based on commercial landings. The SSC determined that some
species proposed for management under the Puerto Rico FMP were more
vulnerable to overfishing and recommended that the ABC be set at zero.
Stocks with an ABC of zero pounds would include queen conch, Nassau
grouper (Grouper 1), goliath grouper (Grouper 2), giant manta ray (Rays
1), spotted eagle ray (Rays 2), and southern stingray (Rays 3). Stock
complexes with an ABC of zero pounds include Parrotfish 1 (blue
parrotfish, midnight parrotfish, and rainbow parrotfish), Sea
Cucumbers, Sea Urchins, and Corals. ACLs are codified in regulations,
and the description of the process for determining the ACLs is
discussed below.
St. Croix Stock Evaluation
For the St. Croix FMP, recreational landings data were not
available, thus SYL, as proxy for both MSY and OFL, ABC, and ACL for
most stocks and stock complexes proposed for management were derived
using commercial landings. The SSC determined that some species
included for management under the St. Croix FMP were more vulnerable to
overfishing and recommended that the ABC be set at zero. Stocks with an
ABC of zero pounds include Nassau grouper (Grouper 1) and goliath
grouper (Grouper 2). Stock complexes with an ABC of zero pounds include
Parrotfish 1 (blue parrotfish, midnight parrotfish, and rainbow
parrotfish), Sea Cucumbers, Sea Urchins, and Corals. The SSC deviated
from the ABC Control Rule and recommended an ad hoc SYL for queen conch
at 107,720 lb (kg 48,861 kg) and recommended an ad hoc ABC of 50,000 lb
(22,680 kg) in the portion of the EEZ around St. Croix from which
harvest is allowed. Given difficulties interpreting queen conch catch
data, the SSC recommended retaining the OFL (now SYL) and ABC specified
under the Queen Conch FMP. The SSC confirmed these measures are still
protective of queen conch stock status. The SSC noted that the seasonal
closure for queen conch in state waters is 5 months each year, and that
there is an area closed to harvest year-round. At Council meetings,
including the August 2018 meeting, the Council and SSC discussed that
these measures and others, including the availability of in-season
conch landings data, sufficiently address the management certainty
associated with the recommended ABC. ACLs are codified in regulations,
and the description of the process for determining the ACLs is
discussed later in the preamble to this proposed rule.
St. Thomas and St. John Stock Evaluation
For the St. Thomas and St. John FMP, recreational landings data
were not available, thus SDC and other management reference points
(e.g., SYL, as a proxy for both MSY and OFL, ABC, and ACL) for the
stocks and stock complexes proposed for management were derived using
commercial landings. The SSC determined that some species proposed for
management under the St. Thomas and St. John FMP were more vulnerable
to overfishing and recommended that the ABC be set at zero pounds.
Stocks with an ABC of zero pounds include queen conch, Nassau grouper
(Grouper 1), and goliath grouper (Grouper 2). Stock complexes with an
ABC of zero pounds include Parrotfish 1 (blue parrotfish, midnight
parrotfish, and rainbow parrotfish), Sea Cucumbers, Sea Urchins, and
Corals. ACLs are codified in regulations, and the description of the
process for determining the ACLs is discussed below.
Annual Catch Limits
This proposed rule would specify ACLs for all stocks and stock
complexes in each island-based FMP. The island-based FMPs establish
management reference points (i.e., SYL and ABC) from which the ACLs are
derived. This proposed rule also would establish ACTs for pelagic
stocks and stock complexes managed under each island-based FMP.
Puerto Rico ACLs
For the Puerto Rico FMP, landings data for reef fish, pelagic fish,
and rays were available for the commercial and recreational fishing
sectors operating in state and federal waters around Puerto Rico. As
described previously, the Council relied on landings data to determine
ACLs by sector for managed stocks or stock complexes. For spiny lobster
and queen conch, only commercial landings data are collected and
available. Because recreational landings data are not available for
invertebrates, the spiny lobster ACL and the queen conch ACL are based
on commercial landings and each ACL applies to all harvest for the
stock, whether commercial or recreational.
To determine the ACL, the ABC for each stock or stock complex,
including stocks or stock complexes with an ABC of zero, was multiplied
by the Council's management uncertainty buffer. For all stocks and
stock complexes, except for the angelfish, parrotfish, and surgeonfish
stock complexes, the Council adopted a management uncertainty buffer of
0.95, based on their assumption that the buffer from SYL to ABC
accounted for much of the limitations in landings information. For this
reason, they believed a smaller buffer from ABC to ACL would be
adequate to constrain catch to the ACL. For the angelfish, parrotfish,
and surgeonfish stock complexes, which perform an essential ecological
function in the coral reef ecosystem, the Council adopted a management
uncertainty buffer of 0.85 to provide additional protection to the
stock complexes.
In the event that landings for one sector are not available for
comparison to the sector-specific ACL, the sectors would not be
separately managed; the
[[Page 30734]]
ACL for the sector with available data would be the applicable ACL for
the entire stock or stock complex. Recreational data collection in
Puerto Rico ceased following the 2017 hurricane season. Efforts are
underway to resume the recreational data collection, but NMFS does not
expect that those data will be available when this rule, if finalized,
takes effect. If recreational landings are unavailable, the ACL for the
commercial sector will be the ACL for the stock or stock complex.
St. Croix ACLs
For the St. Croix FMP, recreational landings data are not
available, thus the Council relied on commercial landings data to
determine ACLs for stocks and stock complexes. These ACLs would apply
to all harvest of St. Croix stocks and stock complexes, whether
commercial or recreational.
To determine the ACL, the ABC for each stock or stock complex,
including stocks or stock complexes with an ABC of zero, was multiplied
by the Council's management uncertainty buffer. For all stocks and
stock complexes, except for queen conch and the angelfish, parrotfish,
and surgeonfish stock complexes, the Council adopted a management
uncertainty buffer of 0.95, based on their assumption that the buffer
from SYL to ABC accounted for much of the limitations in landings
information. For this reason, the Council believed a smaller buffer
from ABC to ACL would be adequate to constrain catch to the ACL. For
the angelfish, parrotfish, and surgeonfish stock complexes, which
perform an essential ecological function in the coral reef ecosystem,
the Council adopted a management uncertainty buffer of 0.85 to provide
additional protection to the stock complexes. For queen conch, the
Council did not apply a management uncertainty buffer, as this stock is
managed with in-season data and additional regulations, such as a
commercial and recreational daily quota and bag limit and the 5-month
seasonal closure, which the Council considered sufficient to constrain
landings to the ACL.
St. Thomas and St. John ACLs
For the St. Thomas and St. John FMP, recreational landings data are
not available, thus commercial landings data were used to set ACLs for
stocks and stock complexes. These ACLs would apply to all harvest of
St. Thomas and St. John stocks and stock complexes, whether commercial
or recreational.
To determine the ACL, the ABC for each stock or stock complex,
including stocks or stock complexes with an ABC of zero, was multiplied
by the Council's management uncertainty buffer. For all stocks and
stock complexes, except for the angelfish, parrotfish, and surgeonfish
stock complexes, the Council adopted a management uncertainty buffer of
0.95, based on their assumption that the buffer from SYL to ABC
accounted for much of the limitations in landings information. For this
reason, the Council believed a smaller buffer from ABC to ACL would be
adequate to constrain catch to the ACL. For the angelfish, parrotfish,
and surgeonfish stock complexes, which perform an essential ecological
function in the coral reef ecosystem, the Council adopted a management
uncertainty buffer of 0.85 to provide additional protection to these
stock complexes.
Accountability Measures
The proposed rule would implement the AMs specified in the island-
based FMPs, and replace the AMs implementing the U.S. Caribbean-wide
FMPs. For the AMs specified in the U.S. Caribbean-wide Reef Fish and
Spiny Lobster FMPs, reef fish and spiny lobster landings data for each
island management area are evaluated relative to the applicable ACL
based on a moving 3-year average of landings, using the most recent,
complete 3 years of landings data available. For reef fish stocks or
stock complexes in the EEZ around Puerto Rico, ACLs are specified by
sector and an AM is triggered if both the sector-specific ACL and total
ACL (commercial plus recreational) are exceeded, unless NMFS determines
that either the sector-specific ACL or the total ACL exceedance
resulted from enhanced data collection and monitoring efforts. For reef
fish stocks or stock complexes in the EEZ around the USVI and for spiny
lobster in all management areas, an AM is triggered if commercial
landings exceed the ACL for the stock or stock complex, unless NMFS
determines that the ACL was exceeded because of enhanced data
collection and monitoring efforts.
Under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs, if
NMFS determines that the ACL exceedance resulted from increased catch
rather than enhanced data collection and monitoring efforts, NMFS will
reduce the length of the fishing season for that stock or stock
complex, by sector where applicable, by the amount necessary to ensure
that landings would not exceed the applicable ACL in the following
fishing year. Under the Caribbean-wide Reef Fish and Spiny Lobster FMPs
NMFS applies any fishing season reduction starting from September 30
and moving earlier toward the beginning of the fishing year (January
1). If the length of the required fishing season reduction exceeds the
time period of January 1 through September 30, any additional fishing
season reduction necessary is applied in the same fishing year from
October 1 and moving later toward the end of the fishing year (December
31). The Council adopted this approach in Amendment 8 to their Reef
Fish FMP, and Amendment 7 to their Spiny Lobster FMP, to minimize
adverse socioeconomic effects from the implementation of AMs, while
still helping to ensure that AM-based closures constrain harvest to the
ACL and prevent overfishing. (82 FR 21475; May 9, 2017).
For the AMs under the Reef Fish FMP for the prohibited reef fish
species (e.g., Nassau grouper), under the Coral FMP for the prohibited
coral species, and under the Queen Conch FMP for queen conch in Puerto
Rico and St. Thomas and St. John, where harvest of queen conch is
prohibited, those harvest prohibitions serve as the AM. The AM
specified for St. Croix in the Queen Conch FMP provides that when the
ACL is reached or projected to be reached prior to the end of the
fishing season, the Regional Administrator closes the area east of
64[deg]34' W in the EEZ off St. Croix to the harvest and possession of
queen conch. All other Federal waters off St. Croix are closed year-
round to queen conch harvest.
This proposed rule would replace the AMs established under the U.S.
Caribbean-wide FMPs, and specify AMs for all managed stocks and stock
complexes in each island management area, as detailed in the following
island-specific sections.
Puerto Rico AMs
The proposed AM for spiny lobster under the Puerto Rico FMP is the
same as the AM for spiny lobster under the U.S. Caribbean-wide Spiny
Lobster FMP, with minor changes to the years of landings evaluated as
the AM trigger. In addition, NMFS is proposing language to implement
the AM to reflect and clarify that the AM trigger evaluation occurs at
or near the beginning of the fishing year when necessary data is
available. This change is consistent with the Council's intent, which
is to establish an AM that relies on the best available data to prevent
ACL exceedances.
Under the Puerto Rico FMP, the AM for spiny lobster provides that
at or near the beginning of the fishing year, available landings of
spiny lobster (i.e.,
[[Page 30735]]
commercial landings) would be evaluated relative to the spiny lobster
ACL based on a moving multi-year average of landings, as described
below in the AM Trigger and ACL Monitoring section. If the ACL is
exceeded, and NMFS determines that the ACL overage resulted from
improved data collection or monitoring rather than from increased
catch, the AM would not be triggered and NMFS would not reduce the
length of the fishing season for spiny lobster. If, however, NMFS
determines that the ACL overage resulted from increased catch rather
than from improved data collection or monitoring, the AM would be
triggered and NMFS would reduce the length of the fishing season for
spiny lobster by the amount necessary to prevent landings from
exceeding the ACL.
The AM under the Puerto Rico FMP contains the same exception from
the AM trigger as the AM under the Spiny Lobster FMP for ACL
exceedances based on improved data collection and monitoring. The
proposed implementing regulations clarify that the AM trigger
evaluation (i.e., the comparison of landings to the ACL) is made at or
near the beginning of the fishing year, not necessarily at the end of
the prior year. This change is necessary because complete data on
landings often are not available by the end of the fishing year, but
rather are available early in the subsequent year, or later. Often
there is a 1 to 2 year data lag as well, which is discussed later in
the section on the AM trigger and ACL monitoring. Therefore, NMFS
clarifies that it would make the AM trigger determination as soon as
landings data are available, i.e., at or near the beginning of the
fishing year, and that any required fishing season reduction would
occur as soon as possible thereafter.
Under the U.S. Caribbean-wide Spiny Lobster FMP, any required
fishing season reduction would be applied starting from September 30
and moving earlier toward the beginning of the fishing year (January
1). If the length of the required fishing season reduction exceeds the
time period of January 1 through September 30, any additional fishing
season reduction necessary would be applied in the same fishing year,
starting from October 1 and moving later toward the end of the fishing
year (December 31).
The Puerto Rico FMP provides for management of reef fish stocks and
stock complexes by sector when data are available to set an ACL by
sector, and the corresponding AM operates in the same manner as the AM
under the U.S. Caribbean-wide Reef Fish FMP, with minor changes. The
changes reflect the transition to management with indicator stocks, an
update to the years of landings used as the AM trigger, and
clarification of when the AM trigger evaluation occurs.
For reef fish stocks and stock complexes managed under the Puerto
Rico FMP, commercial and recreational landings of the stock, stock
complex, or indicator stock would be evaluated relative to the
corresponding commercial, recreational, or total ACLs for the stock or
stock complex, as applicable, based on a moving multi-year average of
landings as described below. For those stock complexes managed with an
indicator stock, the ACLs (commercial, recreational, and total) for the
stock complex are based on landings of the indicator stock. Therefore
the AM trigger evaluation compares indicator stock landings to the ACL.
An AM would be triggered for a stock or stock complex if a sector's
landings exceeded the sector-specific ACL and if the total (commercial
plus recreational) landings exceeded the total (commercial plus
recreational) ACL. An AM would not be triggered if NMFS determines that
either ACL overage (sector-specific ACL or total ACL) resulted from
improved data collection or monitoring rather than from increased catch
increased. Once triggered, the AM would be applied only for the sector
that exceeded its ACL.
Unlike the U.S. Caribbean-wide Reef Fish FMP, the Puerto Rico FMP
provides that if landings for one sector are not available for
evaluation to the sector-specific ACL, then the sectors would not be
separately managed. The ACL for the sector with available data would be
the ACL for that stock or stock complex. If NMFS estimates that
available landings for the stock, stock complex, or indicator stock
exceeded the ACL for the stock or stock complex, and if the exceedance
was not due to improvements in data collection or monitoring, the AM
would be triggered. Any required fishing season reduction would apply
to all harvest of the stock or stock complex, whether commercial or
recreational. The Puerto Rico FMP and this proposed rule add this
authority.
As with the AM for spiny lobster under the Puerto Rico FMP, the
proposed regulatory text clarifies that the AM trigger evaluation for
managed reef fish stocks and stock complexes occurs at or near the
beginning of the fishing year, when landings from prior fishing years
are available, and that any required fishing season reduction occurs as
soon as possible thereafter. Any required fishing season reduction
would be applied starting with September 30 and moving earlier towards
the beginning of the fishing year (January 1), adding additional time,
as necessary, from October 1, toward the end of the fishing year
(December 31).
Pelagic stocks and stock complexes are not managed under the U.S.
Caribbean-wide FMPs, but are managed under the Puerto Rico FMP by
sector where sector-specific data is available. The Puerto Rico FMP
establishes an AM for these stocks or stock complexes. For each pelagic
stock and stock complex, the proposed rule would codify an ACT as 90
percent of the ACL that would serve as the AM trigger.
Commercial and recreational landings of the pelagic stock, stock
complex, or indicator stock would be evaluated relative to the
commercial and recreational ACTs based on a moving multi-year average
of landings as described below. The AM would be applied on a sector
basis, and would be triggered when a sector's landings exceeds its ACT.
The Puerto Rico FMP and these proposed regulations provide for the
unavailability of sector-specific landings. When landings for one
sector are not available for comparison to that sector's ACT, the ACT
for the sector with available landings would be the ACT for the stock
or stock complex. Available landings would be evaluated relative to the
ACT for the stock or stock complex. If NMFS estimates that available
landings for the stock, stock complex, or indicator stock exceeded the
ACT for the stock or stock complex, the AM would apply to all harvest
of the stock or stock complex, whether commercial or recreational. If
an AM is triggered, NMFS in consultation with the Council would
determine appropriate corrective action, including whether corrective
action is needed. Corrective action could include actions such as
fishing season reductions or modifications to the ACL and would depend
on many factors, including an evaluation of the cause of the exceedance
and the best way to protect against future ACL exceedances.
Recreational data collection in Puerto Rico was disrupted in 2017,
following Hurricanes Irma and Maria, and has not resumed. Since 2018,
recreational landings for the reef fish and pelagic stocks, stock
complexes, and indicator stocks are not available for comparison to the
recreational ACLs and ACTs proposed for each stock and stock complex.
Thus, as described in the Puerto Rico FMP and in this proposed rule,
the commercial ACLs and ACTs for the reef fish and pelagic stocks and
stock complexes would function as the
[[Page 30736]]
ACLs and ACTs for the stocks and stock complexes until sufficient
recreational landings become available.
For stocks (queen conch, Nassau grouper, goliath grouper, giant
manta ray, spotted eagle ray, and southern stingray) and stock
complexes (Parrotfish 1 (blue parrotfish, midnight parrotfish, and
rainbow parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with
harvest prohibitions in Puerto Rico, those prohibitions would serve as
the AMs under the proposed rule. This is the same approach to
management for queen conch, Nassau grouper, goliath grouper, the
species in the Parrotfish 1 stock complex, and the coral species that
are managed under the U.S. Caribbean-wide FMPs. The Puerto Rico FMP
adopts this AM for the rays, which are new to management, and for the
Sea Urchins and Sea Cucumbers stock complexes.
St. Croix AMs
The proposed AMs for reef fish stocks and stock complexes and for
spiny lobster under the St. Croix FMP are the same as the AMs for reef
fish and spiny lobster under the U.S. Caribbean-wide Reef Fish and
Spiny Lobster FMPs, with minor changes to the years of landings
evaluated as the AM trigger. In addition, NMFS is proposing language to
implement the AM to reflect and clarify that the AM trigger evaluation
occurs at or near the beginning of the fishing year when necessary data
are available. This change is consistent with the Council's intent,
which is to establish an AM that relies on the best available data to
prevent ACL exceedances.
Under the St. Croix FMP for reef fish stocks and stock complexes
and for spiny lobster, at or near the beginning of the fishing year,
landings for each stock, stock complex, or indicator stock(s) would be
evaluated relative to the ACL for the stock or stock complex based on a
moving multi-year average of landings, as described below. If the ACL
is exceeded, and NMFS determines that the ACL overage resulted from
improved data collection or monitoring rather than from increased
catch, the AM would not be triggered and NMFS would not reduce the
length of the fishing season for the applicable stock or stock complex.
If, however, NMFS determines that the ACL overage resulted from
increased catch rather than from improved data collection or
monitoring, the AM would be triggered and NMFS would reduce the length
of the fishing season for the applicable stock or stock complex by the
amount necessary to prevent landings from exceeding the ACL.
The AMs for reef fish stocks and stock complexes and spiny lobster
under the St. Croix FMP contain the same exception from the AM trigger
for ACL exceedances based on improved data collection and monitoring as
the AMs under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs.
The proposed implementing regulations clarify that the AM trigger
evaluation (i.e., the comparison of landings to the ACL) is made at or
near the beginning of the fishing year to better reflect when landings
data are available.
As under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs,
any required fishing season reduction would be applied starting from
September 30 and moving earlier toward the beginning of the fishing
year (January 1). If the length of the required fishing season
reduction exceeds the time period of January 1 through September 30,
any additional fishing season reduction necessary would be applied in
the same fishing year, starting from October 1 and moving later toward
the end of the fishing year (December 31).
Pelagic stocks are not managed under the U.S. Caribbean-wide FMPs,
but are managed under the St. Croix FMP. For each pelagic stock, the
proposed rule would codify an ACT as 90 percent of the ACL that would
serve as the AM trigger. An AM would be triggered if the landings for
the pelagic stock exceed the ACT based on a moving multi-year average
of annual landings, as described below. If an AM is triggered, NMFS in
consultation with the Council would determine appropriate corrective
action, including whether corrective action is needed. Corrective
action could include actions such as fishing season reductions or
modifications to the ACL and would depend on many factors, including an
evaluation of the cause of the exceedance and the best way to protect
against future ACL exceedances.
For queen conch, as under the U.S. Caribbean-wide Queen Conch FMP,
harvest would continue to be allowed in the EEZ around St. Croix east
of 64[deg]34' W longitude during the open fishing season. This measure
was established in the 2005 Caribbean Sustainable Fisheries Act
Amendment to the Queen Conch FMP (70 FR 62073; October 28, 2005). The
rest of the U.S. Caribbean EEZ would continue to be closed to the
harvest of queen conch. Under the St. Croix FMP, the AM for queen conch
would continue to be triggered if, based on in-season monitoring, NMFS
determines the queen conch ACL is reached or is projected to be reached
prior to the end of the fishing season. If the AM is triggered, NMFS
would close the EEZ around St. Croix east of 64[deg]34' W longitude to
the harvest and possession of queen conch for the remainder of the
fishing season. During any such closure, no person would be allowed to
fish for or possess a queen conch in or from Federal waters off St.
Croix.
For stocks (Nassau grouper and goliath grouper) and stock complexes
(Parrotfish 1 (blue parrotfish, midnight parrotfish, and rainbow
parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with harvest
prohibitions in St. Croix, those prohibitions would serve as the AMs
under the proposed rule. This is the same approach to management for
Nassau grouper, goliath grouper, the species in the Parrotfish 1 stock
complex, and the coral species that are managed under the U.S.
Caribbean-wide FMPs. The St. Croix FMP adopts this AM for the Sea
Urchins and Sea Cucumber stock complexes.
St. Thomas and St. John AMs
The proposed AMs for reef fish stocks and stock complexes and for
spiny lobster under the St. Thomas and St. John FMP are the same as the
AMs for reef fish and spiny lobster under the U.S. Caribbean-wide Reef
Fish and Spiny Lobster FMPs, with minor changes to the years of
landings evaluated as the AM trigger. In addition, NMFS is proposing
language to implement the AM to reflect and clarify that the AM trigger
evaluation occurs at or near the beginning of the fishing year when
necessary data are available. This change is consistent with the
Council's intent, which is to establish an AM that relies on the best
available data to prevent ACL exceedances.
Under the St. Thomas and St. John FMP for reef fish stocks and
stock complexes and for spiny lobster, at or near the beginning of the
fishing year, landings for each stock, stock complex, or indicator
stock(s) would be evaluated relative to the ACL for the stock or stock
complex based on a moving multi-year average of landings, as described
below. If the ACL is exceeded, and NMFS determines that the ACL overage
resulted from improved data collection or monitoring rather than from
increased catch, the AM would not be triggered and NMFS would not
reduce the length of the fishing season for the applicable stock or
stock complex. If, however, NMFS determines that the ACL overage
resulted from increased catch rather than from improved data collection
or monitoring, the AM would be triggered and NMFS would reduce the
length of the fishing season for the applicable stock or stock complex
by the amount necessary to prevent landings from exceeding the ACL.
[[Page 30737]]
The AMs for reef fish stocks and stock complexes and spiny lobster
under the St. Thomas and St. John FMP contain the same exception from
the AM trigger for ACL exceedances based on improved data collection
and monitoring as the AMs under the U.S. Caribbean-wide Reef Fish and
Spiny Lobster FMPs. The proposed implementing regulations clarify that
the AM trigger evaluation (i.e., the comparison of landings to the ACL)
is made at or near the beginning of the fishing year to better reflect
when landings data are available.
As under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs,
any required fishing season reduction would be applied starting from
September 30 and moving earlier toward the beginning of the fishing
year (January 1). If the length of the required fishing season
reduction exceeds the time period of January 1 through September 30,
any additional fishing season reduction necessary would be applied in
the same fishing year, starting from October 1 and moving later toward
the end of the fishing year (December 31).
Pelagic stocks are not managed under the U.S. Caribbean-wide FMPs,
but are managed under the St. Thomas and St. John FMP. For each pelagic
stock, the proposed rule would codify an ACT as 90 percent of the ACL
that would serve as the AM trigger. An AM would be triggered if the
landings for the pelagic stock exceed ACT based on a moving multi-year
average of annual landings, as described below. If an AM is triggered,
NMFS in consultation with the Council would determine appropriate
corrective action, including whether corrective action is needed.
Corrective action could include actions such as fishing season
reductions or modifications to the ACL and would depend on many
factors, including an evaluation of the cause of the exceedance and the
best way to protect against future ACL exceedances.
For stocks (queen conch, Nassau grouper, and goliath grouper) and
stock complexes (Parrotfish 1 (blue parrotfish, midnight parrotfish,
and rainbow parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with
harvest prohibitions in St. Thomas and St. John, those prohibitions
would serve as the AMs under the proposed rule. This is the same
approach to management for queen conch, Nassau grouper, goliath
grouper, the species in the Parrotfish 1 stock complex, and the coral
species that are managed under the U.S. Caribbean-wide FMPs. The St.
Thomas and St. John FMP adopts this AM for the Sea Urchins and Sea
Cucumber stock complexes.
AM Trigger and ACL Monitoring
Each of the island-based FMPs specify the moving multi-year average
of landings to be used to monitor compliance with the ACLs and ACTs
under the AM trigger. The FMPs state that in the first year of FMP
implementation, ACL and ACTs will be monitored using a single year of
landings from 2018; then a single year of landings from 2019; then a 2-
year average of landings from 2019 and 2020; then a 3-year average of
landings from 2019 to 2021; and thereafter a progressive running 3-year
average of landings. As specified in the island-based FMPs, the
Regional Administrator in consultation with the Council may deviate
from the specific time sequences based on data availability. For
example, the specified year(s) of landings would likely be updated to
account for the time it has taken to implement the island-based FMPs to
reflect more recent, available landings. If the island-based FMPs are
effective for the 2022 fishing season, NMFS could rely on the most
recent single year of landings data at that time, and follow the
progression set forth in the FMP in subsequent years (i.e., then the
next most recent single year of landings, then a 2-year average of the
most recent 2 years of landings, etc.). The specified years could also
be updated to account for periods where landings data may be
incomplete, such as for years when hurricanes impact the ability to get
a complete set of data.
Landings data for Puerto Rico and the USVI generally are not
available for comparison to the ACLs or ACTs until 1 to 2 years after
the year in which the fishing activity occurred. During this transition
period, until available landings reflect fishing under the island-
specific FMPs as opposed to the U.S. Caribbean-wide FMPs, NMFS would
evaluate if the landings available for each stock, stock complex, or
indicator stock(s) would exceed the ACLs or ACTs for the stock or stock
complex specified in the island-based FMPs as the AM trigger. Once
landings data from years when the island-based FMPs and ACLs are in
place are available, NMFS would evaluate whether landings for each
stock, stock complex, or indicator stock(s) exceeded the ACL or ACT for
each stock or stock complex specified under the island-based FMPs. In
all cases, if an AM is triggered, the AM would be applied as described
previously.
Essential Fish Habitat
In addition to the management measures that this proposed rule
would implement through regulations, the island-based FMPs include
actions to identify essential fish habitat (EFH) for species new to
management that NMFS would implement but not codify through
regulations.
The EFH designations for species and species groups that were
managed under the U.S. Caribbean-wide FMPs and are included for
management under the respective Puerto Rico FMP, St. Croix FMP, and St.
Thomas and St. John FMP would remain as currently described in the 2005
Caribbean Sustainable Fisheries Act Amendment. These descriptions are
included in each of the island-based FMPs. For species new to
management, each island-based FMP describes and identifies EFH
according to functional relationships between life history stages of
the species and marine and estuarine habitats, based on best scientific
information available.
Framework Procedures
The framework procedures for the U.S. Caribbean-wide Reef Fish,
Spiny Lobster, Queen Conch, and Coral FMPs provided the Council and
NMFS the flexibility to expeditiously adjust management options to
respond to changing fishery conditions or new scientific information.
This proposed rule would update the framework procedures under each
island-based FMP to establish the basis for a broader range of
management measures that can be approved by the Council and implemented
by NMFS through the framework process. The framework procedures for
each island-based FMP and in this proposed rule are identical for each
island management area. Future proposed actions could be implemented
either by an open abbreviated framework, an open standard framework, or
through a closed framework procedure, as applicable. Each island-based
FMP describes and provides the list of open and closed framework
procedures and the differences from a full FMP amendment process. Some
of the management measures proposed to be adjusted through framework
procedures include re-specification of SDC and other management
reference points, modification of seasonal, year-round, or area
closures, commercial trip limits, recreational bag and possession
limits, size limits, or allowable fishing gear.
Additional Proposed Changes to Codified Text Not in the Island-Based
FMPs
NMFS proposes to revise the authorized gear table in 50 CFR
600.725(v) under V. Caribbean Fishery Management Council, to
incorporate changes to the organization of federally
[[Page 30738]]
managed fisheries and gear descriptions under the island-based FMPs.
Currently, the authorized gear table at 50 CFR 600.725(v) under V
subdivides the U.S. Caribbean fisheries by whether the fishery is
managed under an FMP or not. Each fishery is then subdivided into
fishery components by fishing gear type (e.g., trap/pot, longline/hook
and line, etc.) or sector (i.e., commercial or recreational), and the
authorized gears are specified for these fishery components.
NMFS proposes to revise the gear table to reflect the transition to
island-based fishery management. Within the gear table for the U.S.
Caribbean, the fisheries would be described by island area, and then by
whether the fishery is managed under an FMP. Each fishery would then be
broken into components by fishing gear type or sector, as appropriate.
As with the current table, the authorized gears would be specified for
each fishery component.
NMFS proposes to clarify and make consistent the description of the
authorized gear for all fisheries. For example, NMFS proposes to
specify the individual hook and line gear types authorized rather than
listing ``hook and line'' as an authorized gear. Under 50 CFR 622.2,
hook and line gear means automatic reel, bandit gear, buoy gear,
handline, longline, and rod and reel. The authorized gear table would
list those gears as authorized, rather than the more general ``hook and
line''. Further, NMFS would clarify that trap and pot gear is an
authorized recreational gear type for the reef fish and spiny lobster
fisheries managed under each of the island-based FMPs.
In addition, NMFS proposes to make additional clarifying and non-
substantive changes to regulations in part 622 through this proposed
rule. For example, to account for management measures that occur in
leap years, NMFS would revise language currently at 50 CFR
622.435(a)(2)(ii), which describes the annual seasonal closure for the
red hind spawning aggregation areas off Puerto Rico and St. Croix, from
``through February 28 each year,'' to ``through the last day of
February each year.'' The seasonal closure, with this updated language,
would be included in the subparts containing the regulations
implementing the Puerto Rico FMP and the St Croix FMP.
This proposed rule would update the cross references to the
subparts in 50 CFR part 622 to reflect changes to implement the island-
based FMPs where there would be three U.S. Caribbean specific subparts
instead of four as in the current regulations. This proposed rule would
amend the import restrictions regulatory language for queen conch to
reflect the change to island-based management. At 50 CFR 622.2, this
proposed rule would revise the definition of fish trap in the U.S.
Caribbean EEZ consistent with the island-based FMPs. The vessel color
code requirements at 50 CFR 622.6(a)(2) would be clarified to reflect a
change in how the fisheries would be described and identified under the
island-based FMPs. The landing fish intact provisions at 50 CFR
622.10(b) would be updated to clarify the requirements for highly
migratory species. This proposed rule would also clarify the St. Croix
queen conch prohibition at 50 CFR 622.479(b)(4) to state that the
prohibition applies whether or not queen conch are on a vessel, but
also in a person's possession.
Further, NMFS proposes to revise appendix A to part 622 that
currently lists federally managed species in the U.S. Caribbean. NMFS
would remove the species tables applicable to the previous U.S.
Caribbean-wide FMPs. The proposed rule would specify the federally
managed species for Puerto Rico, St. Croix, and St. Thomas and St. John
in subparts S, T, and U, respectively. As a result of removing U.S.
Caribbean species tables from appendix A to part 622, NMFS would also
revise the numbering for the tables of Gulf of Mexico reef fish, South
Atlantic snapper-grouper, and Atlantic dolphin and wahoo species.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the island-based FMPs, other provisions of the
Magnuson-Stevens Act and other applicable laws, 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 proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is as follows. A copy of the
full analysis is available from NMFS (See ADDRESSES).
A description of the proposed management actions, why they are
being considered, and the objectives of and legal basis for the actions
are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of
the preamble.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. In addition, no new reporting or
recordkeeping compliance requirements are introduced in this proposed
rule even for species new to Federal management because landings of
those species are already reported in commercial logbooks. Therefore,
this proposed rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995.
The proposed rule concerns commercial and recreational fishing in
Federal waters of the U.S. Caribbean. It directly affects both
recreational anglers and commercial fishing businesses of Puerto Rico
and the USVI.
Recreational anglers are not considered small entities as that term
is defined in 5 U.S.C. 601(6), whether fishing from for-hire, privately
owned, or leased vessels. Therefore, neither estimates of the number of
anglers nor the impacts on them are required or provided in this
analysis.
Both Puerto Rico and the USVI require commercial fishermen to have
a commercial fishing license (non-Federal). An estimated 1,074
commercial fishing businesses operate off Puerto Rico, another 141
operate off St. Croix, and still another 119 operate off St. Thomas and
St. John. All of these businesses are expected to operate primarily in
the commercial fishing industry. A subset of these businesses operate
within Federal waters.
A business primarily involved in the commercial fishing industry
(NAICS 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and its combined annual receipts are not in
excess of $11 million for all of its affiliated operations worldwide.
All of the commercial fishing businesses in Puerto Rico, St. Croix, and
St. Thomas and St. John have annual revenues substantially less than
$11 million. Each RFA estimated the number of small commercial fishing
businesses from the number of commercial fishermen operating in Federal
waters and determined that 383 small commercial fishing businesses in
Puerto Rico, 30 small commercial fishing businesses in St. Croix, and
31 small businesses in St. Thomas and St. John would be directly
affected the proposed rule.
The proposed rule would replace management measures from the U.S.
Caribbean region-wide FMPs and manage Federal fishery resources under
the three recently approved island-
[[Page 30739]]
based FMPs. The island-based FMPs retain most of the current management
measures established under the U.S. Caribbean region-wide FMPs that
apply to the respective island management area, including seasonal and
area closures, minimum size limits, and recreational bag limits. The
proposed rule, therefore, will continue to include those measures for
each island-management area, as applicable. There would be no adverse
or beneficial economic impact on small businesses from the retention of
current management measures.
The proposed rule would implement revised management measures under
each of the island-based FMPs, such as the species included for
management, ACLs, and AMs. Species managed under the U.S. Caribbean-
wide FMPs but not found or rarely found in Federal waters are excluded
from management under the island-based FMPs and this proposed rule.
Because the species are rarely found in Federal waters, no or
negligible beneficial impact is expected from their exclusion from
management. Any direct economic impact from the inclusion of new
species for management, or from continuing to manage other species,
would be from revisions of ACLs and AMs. The direct economic impacts of
the proposed rule on small businesses are summarized in the following
tables for the three island management areas.
Puerto Rico FMP
----------------------------------------------------------------------------------------------------------------
Expected direct economic Basis for expected economic
Proposed individual stocks and (stock complex) impact impact
----------------------------------------------------------------------------------------------------------------
Queen, gray and French angelfish (Angelfish); great None...................... ACL and AM not expected to
barracuda *; dolphinfish * and pompano dolphinfish affect baseline landings.
* (Dolphin); coney and graysby (Grouper 3); black,
red, tiger, yellowfin, and yellowmouth grouper *
(Grouper 4); misty and yellowedge grouper (Grouper
5); red hind and rock hind (Grouper 6); white
grunt (Grunts); crevalle jack * (Jacks 1); African
pompano * (Jacks 2); rainbow runner * (Jacks 3);
king mackerel * and cero * (Mackerel); lane
snapper (Snapper 3); dog, mutton, and schoolmaster
snapper (Snapper 4); Yellowtail snapper (Snapper
5); blue tang, doctorfish, and surgeonfish
(Surgeonfish); gray * triggerfish (part of the
Triggerfish complex), tripletail * (Tripletail);
little tunny * and blackfin * tuna (Tuna); wahoo *
(Wahoo); puddingwife and Spanish hogfish (Wrasses
2).
Black, blackfin, silk, vermilion, and wenchman None, but potential future ACL and AM not expected to
snapper (Snapper 1); cardinal and queen snapper beneficial impact. affect baseline landings;
(Snapper 2); princess, queen, redband, redtail, however, would allow for
stoplight, and striped parrotfish (Parrotfish 2); greater landings in the
spiny lobster (Spiny Lobster); ocean and queen future.
triggerfish (part of the Triggerfish complex);
hogfish (Wrasses 1).
Cubera snapper * (Snapper 6)....................... None, but potential future ACL and AM not expected to
adverse impact. affect baseline landings, but
could have future adverse
impact of $29 (2020 $) per
small business if recreational
data collection not resumed in
future.
Giant manta ray * (Rays 1)......................... None...................... ACL and AM consistent with zero
Spotted eagle ray* (Rays 2)........................ baseline landings.
Southern stingray* (Rays 3)........................
Any corals ** in EEZ around Puerto Rico (Corals)... None...................... ACL and AM consistent with
current harvest prohibition
for currently managed species
and expectation of zero
baseline harvest for newly
added species.
Any sea urchins in EEZ around Puerto Rico (Sea
Urchins).
Any sea cucumbers in EEZ around Puerto Rico (Sea
Cucumbers),
Queen conch........................................ None...................... ACL and AM consistent with
Nassau grouper (Grouper 1)......................... current harvest prohibition;
Goliath grouper (Grouper 2)........................ no change in management.
Blue, midnight, and rainbow parrotfish (Parrotfish
1).
----------------------------------------------------------------------------------------------------------------
* Species new to management.
** This includes currently prohibited species.
As summarized in the table for Puerto Rico above, there would be no
significant impacts on a substantial number of small businesses in
Puerto Rico because the revised management provisions are not expected
to affect baseline landings and associated revenues for most stocks and
stock complexes. However, the changes to management would allow for
increased landings and associated revenues in the future for the
following stocks and stock complexes: Snapper 1; Snapper 2; Parrotfish
2; Spiny Lobster; ocean and queen triggerfish (part of the Triggerfish
complex); and Wrasses 1. We do not have sufficient information to
estimate the magnitude of those potential changes. In addition, if
recreational landings data collection is not continued in Puerto Rico,
there could be an adverse annual insignificant impact of $29 (2020
dollars) per small business on those commercial fishing businesses that
harvest cubera snapper because that figure represents less than 0.39
percent of annual revenue of the small businesses.
St. Croix FMP
----------------------------------------------------------------------------------------------------------------
Expected direct economic Basis for expected economic
Proposed individual stocks and (stock complex) impact impact
----------------------------------------------------------------------------------------------------------------
Queen conch; dolphinfish * (Dolphin); coney and None...................... ACL and AM not expected to
graysby (Grouper 3); red hind and rock hind affect baseline landings.
(Grouper 4); black, red, tiger and yellowfin
grouper (Grouper 5); princess, queen, redband,
redfin, redtail, stoplight, and striped parrotfish
(Parrotfish 2); bluestriped and white grunt
(Grunts); queen triggerfish (Triggerfish);
doctorfish (Surgeonfish).
[[Page 30740]]
Spiny lobster; blue tang and ocean surgeonfish None, but potential future ACL and AM not expected to
(part of the Surgeonfish complex); French, gray, beneficial impact. affect baseline landings;
and queen angelfish (Angelfish); black, blackfin, however, would allow for
silk, and vermilion snapper (Snapper 1); queen greater landings in the
snapper (Snapper 2); gray and lane snapper future.
(Snapper 3); mutton snapper (Snapper 4);
schoolmaster (Snapper 5); yellowtail snapper
(Snapper 6); longspine squirrelfish (Squirrelfish).
Wahoo * (Wahoo); misty grouper (Grouper 6)......... None, but potential future ACL and AM not expected to
adverse impact. affect baseline landings, but
could have future adverse
impact. Unknown for wahoo
harvesters and could be less
than $2 (2020 $) per small
business in future for reef
fish harvesters.
Any corals * * in EEZ around St. Croix (Corals).... None...................... ACL and AM consistent with
Any sea urchins in EEZ around St. Croix (Sea harvest prohibition for
Urchins). currently managed species and
Any sea cucumbers in EEZ around St. Croix (Sea expectation of zero baseline
Cucumbers). harvest of newly added
species.
Nassau grouper (Grouper 1)......................... None...................... ACL and AM consistent with
current harvest prohibition;
no change in management.
Goliath grouper (Grouper 2)
Blue, midnight, and rainbow parrotfish (Parrotfish
1)
----------------------------------------------------------------------------------------------------------------
* Species new to management.
** This includes currently prohibited species.
As summarized in the table for St. Croix above, there would be no
significant impacts on a substantial number of small businesses in St.
Croix because the revised management provisions are not expected to
affect baseline landings and associated revenues for most stocks and
stock complexes. However, the changes to management would allow for
increased landings and associated revenues in the future for the
following stocks and stock complexes: Spiny Lobster, blue tang and
ocean surgeonfish (part of the Surgeonfish complex), Angelfish,
Squirrelfish, and Snapper 1 through 6. We do have sufficient
information to estimate the magnitude of those potential changes.
Moreover, in the future, there could be an insignificant loss of less
than $2 (2020 dollars) per small business that harvests misty grouper
if landings of that species were to exceed the ACL and the Council
determined that it would be necessary to take corrective action. Small
businesses that harvest wahoo also could experience adverse economic
impact if future landings were to exceed the ACT and the Council
determined that correction action would be necessary; however, that
impact is unknown at this time and the magnitude is dependent on the
correction action, if any, that is taken at that time.
St. Thomas and St. John FMP
----------------------------------------------------------------------------------------------------------------
Expected direct economic Basis for expected economic
Proposed individual stocks and (stock complex) impact impact
----------------------------------------------------------------------------------------------------------------
Yellowmouth grouper * (Grouper 5); wahoo * (Wahoo); None...................... ACL and AM not expected to
white and bluestriped grunt (Grunts 1); margate affect baseline landings.
(Grunts 2); misty and yellowedge grouper (Grouper
5); blue runner (Jacks); doctorfish (part of the
Surgeonfish complex).
French, gray, and queen angelfish (Angelfish); None, but potential future ACL and AM not expected to
spiny lobster; black, blackfin, silk, and beneficial impact. affect baseline landings;
vermillion snapper (Snapper 1); queen however, would allow for
snapper(Snapper 2); lane and mutton snapper greater landings in the
(Snapper 3); yellowtail snapper (Snapper 4); red future.
hind and coney grouper (Grouper 3); princess,
queen, redfin, redtail, stoplight, redband, and
striped parrotfish (Parrotfish 2); sea bream,
jolthead, sheepshead, and saucereye porgy
(Porgies); hogfish (Wrasses); queen triggerfish
(Triggerfish); blue tang and ocean surgeonfish
(part of the Surgeonfish complex).
Dolphinfish * (Dolphin); black, red, tiger and None, but potential future ACL and AM not expected to
yellowfin grouper (Grouper 4). adverse impact. affect baseline landings, but
could have future adverse
impact. Unknown future impact
for dolphinfish harvesters and
in future could be
approximately $70 (2020 $) per
small business for reef fish
harvesters.
Any corals * * in EEZ around St. Thomas and St. None...................... ACL and AM consistent with
John (Corals). current harvest prohibition
Any sea urchins in EEZ around St. Thomas and St. for currently managed species
John (Sea Urchins). and expectation of zero
Any sea cucumbers in EEZ around St. Thomas and St. baseline harvest for newly
John (Sea Cucumbers). added species.
Nassau grouper (Grouper 1)......................... None...................... ACL and AM consistent with
Goliath grouper (Grouper 2)........................ current harvest prohibition;
no change in management.
Queen conch
Blue, midnight, and rainbow parrotfish (Parrotfish
1)..
----------------------------------------------------------------------------------------------------------------
* Species new to management.
** This includes currently prohibited species.
As summarized in the table for St. Thomas and St. John above, there
would be no significant impacts on a substantial number of small
businesses in St. Thomas and St. John because the revised management
provisions are not expected to affect baseline landings and associated
revenues for most stocks and stock complexes. However, the changes to
management would allow for increased landings and associated revenues
in the future for the following stocks and stock complexes: Spiny
Lobster, Angelfish, Snapper 1 through 4, Grouper 3, Parrotfish 2,
Porgies, Wrasses, Triggerfish, and blue tang and ocean surgeonfish
(part of the Surgeonfish complex). We do have
[[Page 30741]]
sufficient information to estimate the magnitude of those potential
changes. Moreover, in the future, there could be an insignificant loss
of approximately $70 (2020 dollars) per small business that harvests
Grouper 4 if landings of that stock complex were to exceed its ACL and
the Council determined that correction action would be necessary. That
figure represents less than 0.94 percent of annual revenue. Small
businesses that harvest dolphinfish also could experience an adverse
economic impact if future landings were to exceed the ACT and the
Council determined that correction action would be necessary; however,
that impact is unknown at this time and the magnitude is dependent on
the correction action, if any, that is taken at that time.
As such, this action is not expected to have a significant economic
impact on a substantial number of small entities and will not have a
disproportionate economic impact on small business entities relative to
the large entities. Therefore, an Initial Regulatory Flexibility
Analysis is not required and none has been prepared.
List of Subjects
50 CFR Part 600
Caribbean, Commercial, Fisheries, Fishing, Recreational.
50 CFR Part 622
Caribbean, Commercial, Fisheries, Fishing, Incorporation by
Reference, Recreational.
Dated: April 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 600 and 622
are proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.725(v), revise the entries under V. Caribbean Fishery
Management Council to read as follows:
Sec. 600.725 General prohibitions.
* * * * *
(v) * * *
------------------------------------------------------------------------
Fishery Authorized gear types
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
V. Caribbean Fishery Management Council
------------------------------------------------------------------------
1. Exclusive Economic Zone ......................................
around Puerto Rico
A. Puerto Rico Reef Fish Fishery ......................................
(FMP)
i. Commercial fishery....... i. Automatic reel, bandit gear, buoy
gear, handline, longline, rod and
reel, trap, pot, spear.
ii. Recreational fishery.... ii. Dip net, handline, rod and reel,
slurp gun, spear, trap, pot.
B. Puerto Rico Pelagic Fishery ......................................
(FMP)
i. Commercial fishery....... i. Automatic reel, bandit gear, buoy
gear, handline, longline, rod and
reel, gillnet.
ii. Recreational fishery.... ii. Spear, handline, longline, rod and
reel.
C. Puerto Rico Spiny Lobster ......................................
Fishery (FMP)
i. Commercial fishery....... i. Trap, pot, dip net, hand harvest,
snare.
ii. Recreational fishery.... ii. Trap, pot, dip net, hand harvest,
snare.
D. Puerto Rico Coral Reef No harvest or possession in the EEZ.
Resources Fishery (FMP).
E. Puerto Rico Queen Conch No harvest or possession in the EEZ.
Fishery (FMP).
F. Puerto Rico Pelagic Fishery ......................................
(Non-FMP):
i. Commercial fishery....... i. Gillnet, automatic reel, bandit
gear, buoy gear, handline, longline,
rod and reel.
ii. Recreational fishery.... ii. Spear, handline, longline, rod and
reel.
G. Puerto Rico Commercial Automatic reel, bandit gear, buoy
Fishery (Non-FMP). gear, handline, longline, rod and
reel, trawl, gillnet, cast net,
spear.
H. Puerto Rico Recreational Automatic reel, bandit gear, buoy
Fishery (Non-FMP). gear, handline, longline, rod and
reel, spear, powerhead, hand harvest,
cast net.
2. Exclusive Economic Zone ......................................
around St. Croix
A. St. Croix Reef Fish Fishery ......................................
(FMP):
i. Commercial fishery....... i. Automatic reel, bandit gear, buoy
gear, handline, longline, rod and
reel, trap, pot, spear.
ii. Recreational fishery.... ii. Dip net, handline, rod and reel,
slurp gun, spear, trap, pot.
B. St. Croix Pelagic Fishery ......................................
(FMP):
i. Commercial fishery....... i. Gillnet, automatic reel, bandit
gear, buoy gear, handline, longline,
rod and reel.
ii. Recreational fishery.... ii. Spear, handline, longline, rod and
reel.
C. St. Croix Spiny Lobster ......................................
Fishery (FMP):
i. Commercial fishery....... i. Trap, pot, dip net, hand harvest,
snare.
ii. Recreational fishery.... ii. Trap, pot, dip net, hand harvest,
snare.
D. St. Croix Coral Reef Resource No harvest or possession in the EEZ.
Fishery (FMP):.
E. St. Croix Queen Conch Fishery ......................................
(FMP):
i. Commercial fishery....... i. Hand harvest.
ii. Recreational fishery.... ii. Hand harvest.
F. St. Croix Pelagic Fishery ......................................
(Non-FMP):
i. Commercial fishery....... i. Gillnet, automatic reel, bandit
gear, buoy gear, handline, longline,
rod and reel.
ii. Recreational fishery.... ii. Spear, handline, longline, rod and
reel.
G. St. Croix Commercial Fishery Automatic reel, bandit gear, buoy
(Non-FMP). gear, handline, longline, rod and
reel, trawl, gillnet, cast net,
spear.
H. St. Croix Recreational Automatic reel, bandit gear, buoy
Fishery (Non-FMP). gear, handline, longline, rod and
reel, spear, powerhead, hand harvest,
cast net.
[[Page 30742]]
3. Exclusive Economic Zone ......................................
around St. Thomas and St.
John.
A. St. Thomas and St. John Reef ......................................
Fish Fishery (FMP):
i. Commercial fishery....... i. Automatic reel, bandit gear, buoy
gear, handline, longline, rod and
reel, trap, pot, spear.
ii. Recreational fishery.... ii. Dip net, handline, rod and reel,
slurp gun, spear, trap, pot.
B. St. Thomas and St. John ......................................
Pelagic Fishery (FMP):
i. Commercial fishery....... i. Automatic reel, bandit gear, buoy
gear, handline, longline, rod and
reel, gillnet.
ii. Recreational fishery.... ii. Spear, handline, longline, rod and
reel.
C. St. Thomas and St. John Spiny ......................................
Lobster Fishery (FMP).
i. Commercial fishery....... i. Trap, pot, dip net, hand harvest,
snare.
ii. Recreational fishery.... ii. Trap, pot, dip net, hand harvest,
snare.
D. St. Thomas and St. John Coral No harvest or possession in the EEZ.
Reef Resource Fishery (FMP).
E. St. Thomas and St. John Queen No harvest or possession in the EEZ.
Conch Fishery (FMP).
F. St. Thomas and St. John ......................................
Pelagic Fishery (Non-FMP):
i. Commercial fishery....... i. Gillnet, automatic reel, bandit
gear, buoy gear, handline, longline,
rod and reel.
ii. Recreational fishery.... ii. Spear, handline, longline, rod and
reel.
G. St. Thomas and St. John Automatic reel, bandit gear, buoy
Commercial Fishery (Non-FMP). gear, handline, longline, rod and
reel, trawl, gillnet, cast net,
spear.
H. St. Thomas and St. John Automatic reel, bandit gear, buoy
Recreational Fishery (Non-FMP). gear, handline, longline, rod and
reel, spear, powerhead, hand harvest,
cast net.
* * * * * * *
------------------------------------------------------------------------
* * * * *
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
3. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. Amend Sec. 622.1 by:
0
a. Revising paragraph (c); and
0
b. In Table 1:
0
i. Removing the entry for ``FMP for Corals and Reef Associated Plants
and Invertebrates of Puerto Rico and the U.S. Virgin Islands'';
0
ii. Adding entries for ``FMP for the Exclusive Economic Zone around
Puerto Rico'', ``FMP for the Exclusive Economic Zone around St.
Croix'', and ``FMP for the Exclusive Economic Zone around St. Thomas
and St. John'' in alphabetical order; and
0
iii. Removing the entries for ``FMP for Queen Conch Resources of Puerto
Rico and the U.S. Virgin Islands'', ``FMP for the Reef Fish Fishery of
Puerto Rico and the U.S. Virgin Islands'', and ``FMP for the Spiny
Lobster Fishery of Puerto Rico and the U.S. Virgin Islands''.
The revisions and additions read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(c) This part also governs the importation of spiny lobster into
Puerto Rico or the U.S. Virgin Islands.
* * * * *
Table 1 to Sec. 622.1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FMP for the Exclusive Economic Zone CFMC................................. Caribbean.
around Puerto Rico.
FMP for the Exclusive Economic Zone CFMC................................. Caribbean.
around St. Croix.
FMP for the Exclusive Economic Zone CFMC................................. Caribbean.
around St. Thomas and St. John.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
5. Amend Sec. 622.2 by:
0
a. Removing the definitions of ``Caribbean coral reef resource'',
``Caribbean prohibited coral'', ``Caribbean queen conch'', ``Caribbean
reef fish'', and ``Caribbean spiny lobster or spiny lobster'';
0
b. Revising paragraph (1) in the definition for ``Fish trap'' and
paragraph (1) in the definition for ``Import''; and
0
c. Adding, in alphabetical order, the definition for ``Spiny lobster''.
The revisions and addition read as follows:
[[Page 30743]]
Sec. 622.2 Definitions and acronyms.
* * * * *
Fish trap * * *
(1) In the Caribbean EEZ, a trap and its component parts, including
the lines and buoys, regardless of the construction material, used for
or capable of taking finfish. This does not include a spiny lobster
trap as defined in subparts S, T, and U of this part.
* * * * *
Import * * *
(1) For the purpose of Sec. 622.1(c) and subparts S, T, and U of
this part only--To land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into, Puerto Rico or the U.S.
Virgin Islands, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of
the United States;
* * * * *
Spiny lobster means the species Panulirus argus, or a part thereof.
* * * * *
0
6. In Sec. 622.4, revise the introductory text and paragraphs (b) and
(f)(1) to read as follows:
Sec. 622.4 Permits and fees--general.
This section contains general information about procedures related
to permits. See also Sec. Sec. 622.70 and 622.220 regarding certain
permit procedures unique to coral permits in the Gulf of Mexico and the
South Atlantic, respectively. See subpart F of this part for permit
requirements related to aquaculture of species other than live rock.
Permit requirements for specific fisheries, as applicable, are
contained in the permit sections within subparts B through U of this
part.
* * * * *
(b) Change in application information. The owner or operator of a
vessel with a permit, a person with a coral permit, a person with an
operator permit, or a dealer with a permit must notify the RA within 30
days after any change in the application information specified in
paragraph (a) of this section or in Sec. 622.70(b), Sec. 622.220(b),
or Sec. 622.400(b). The permit is void if any change in the
information is not reported within 30 days.
* * * * *
(f) * * *
(1) Vessel permits, licenses, and endorsements and dealer permits.
A vessel permit, license, or endorsement or a dealer permit or
endorsement issued under this part is not transferable or assignable,
except as provided in the permits sections within subparts B through U
of this part, where applicable. A person who acquires a vessel or
dealership who desires to conduct activities for which a permit,
license, or endorsement is required must apply for a permit, license,
or endorsement in accordance with the provisions of this section and
other applicable sections of this part. If the acquired vessel or
dealership is currently permitted, the application must be accompanied
by the original permit, and a copy of a signed bill of sale or
equivalent acquisition papers. In those cases where a permit, license,
or endorsement is transferable, the seller must sign the back of the
permit, license, or endorsement and have the signed transfer document
notarized.
* * * * *
0
7. In Sec. 622.5, revise the introductory text and paragraph (a) and
paragraph (b) introductory text to read as follows:
Sec. 622.5 Recordkeeping and reporting--general.
This section contains recordkeeping and reporting requirements that
are broadly applicable, as specified, to most or all fisheries governed
by this part. Additional recordkeeping and reporting requirements
specific to each fishery are contained in the respective subparts B
through U of this part.
(a) Collection of additional data and fish inspection. In addition
to data required to be reported as specified in subparts B through U of
this part, as applicable, additional data will be collected by
authorized statistical reporting agents and by authorized officers. A
person who fishes for or possesses species in or from the EEZ governed
in this part is required to make the applicable fish or any part
thereof available for inspection by the SRD or an authorized officer on
request.
(b) Commercial vessel, charter vessel, and headboat inventory. The
owner or operator of a commercial vessel, charter vessel, or headboat
operating in a fishery governed in this part who is not selected to
report by the SRD under the recordkeeping and reporting requirements in
subparts B through U of this part, must provide the following
information when interviewed by the SRD:
* * * * *
0
8. In Sec. 622.6, revise the introductory text of paragraphs (a)(1)
and (2) to read as follows:
Sec. 622.6 Vessel identification.
* * * * *
(a) * * *
(1) Official number. A vessel for which a permit has been issued
under subparts B through U of this part, except for subpart R, and a
vessel that fishes for or possesses pelagic sargassum in the South
Atlantic EEZ, must display its official number--
* * * * *
(2) Official number and color code. The following vessels must
display their official number as specified in paragraph (a)(1) of this
section and, in addition, must display their assigned color code: A
vessel for which a permit has been issued to fish with a sea bass pot,
as required under Sec. 622.170(a)(1); and, in the EEZ around Puerto
Rico, St. Croix, or St. Thomas and St. John, a vessel fishing
commercially with traps for reef fish, as defined in subparts S through
U of this part, or a vessel fishing for spiny lobster, when color codes
are required and have been assigned to the vessel by Puerto Rico or the
U.S. Virgin Islands, as applicable. Color codes required for vessels
fishing in the EEZ around Puerto Rico, St. Croix, or St. Thomas and St.
John are assigned by Puerto Rico or the U.S. Virgin Islands, as
applicable. Color codes required in all other fisheries are assigned by
the RA. The color code must be displayed--
* * * * *
0
9. Revise Sec. 622.8 to read as follows:
Sec. 622.8 Quotas--general.
(a) Applicability. Quotas apply for the fishing year for each
species, species group, sector, or sector component unless
accountability measures are implemented during the fishing year
pursuant to the applicable annual catch limits (ACLs) and
accountability measures (AMs) sections within subparts B through U of
this part due to a quota overage occurring in the previous year, in
which case a reduced quota will be specified through notification in
the Federal Register. Annual quota increases are contingent on the
total allowable catch for the applicable species not being exceeded in
the previous fishing year. If the total allowable catch is exceeded in
the previous fishing year, the RA will file a notification with the
Office of the Federal Register to maintain the quota for the applicable
species, species group, sector, or sector component from the previous
fishing year for following fishing years unless NMFS determines based
upon the best scientific information available that maintaining the
quota from the previous year is unnecessary. Except for the quotas for
Gulf and South Atlantic coral, the quotas include species harvested
from state waters adjoining the EEZ.
(b) Quota closures. When a quota specified in this part is reached
or is projected to be reached, the Assistant Administrator will file a
notification to
[[Page 30744]]
that effect with the Office of the Federal Register. On and after the
effective date of such notification, for the remainder of the fishing
year, the applicable closure restrictions for such a quota, as
specified in this part apply. See the applicable ACLs, annual catch
targets (ACTs), and AMs sections in subparts B through U of this part
for closure provisions when an applicable ACL or ACT is reached or
projected to be reached.
(c) Reopening. When a species, species group, sector, or sector
component has been closed based on a projection of the quota specified
in this part, or the ACL specified in the applicable ACL and
accountability measures sections of subparts B through U of this part
being reached and subsequent data indicate that the quota or ACL was
not reached, the Assistant Administrator may file a notification to
that effect with the Office of the Federal Register. Such notification
may reopen the species, species group, sector, or sector component to
provide an opportunity for the quota or ACL to be harvested.
0
10. In Sec. 622.9, revise the introductory text and paragraph (b) to
read as follows:
Sec. 622.9 Prohibited gear and methods--general.
This section contains prohibitions on use of gear and methods that
are of general applicability, as specified. Additional prohibitions on
use of gear and methods applicable to specific species or species
groups are contained in subparts B through U of this part.
* * * * *
(b) Chemicals and plants. A toxic chemical may not be used or
possessed in a coral area.
* * * * *
0
11. In Sec. 622.10, revise the introductory text and paragraph (b) to
read as follows:
Sec. 622.10 Landing fish intact--general.
This section contains requirements for landing fish intact that are
broadly applicable to finfish in the Gulf EEZ and Caribbean EEZ, as
specified. See subparts B through U of this part, as applicable, for
additional species-specific requirements for landing fish intact.
* * * * *
(b) Atlantic highly migratory species, such as tunas, billfishes
(marlins, spearfishes, and swordfish), and oceanic sharks are not
subject to the requirements of paragraph (a) of this section. See 50
CFR part 635 for any requirements applicable to landing Atlantic highly
migratory species intact.
* * * * *
0
12. Revise Sec. 622.11 to read as follows:
Sec. 622.11 Bag and possession limits--general applicability.
This section describes the general applicability provisions for bag
and possession limits specified in subparts B through U of this part.
(a) Applicability. (1) The bag and possession limits apply for a
species or species group in or from the EEZ. Unless specified
otherwise, bag limits apply to a person on a daily basis, regardless of
the number of trips in a day. Unless specified otherwise, a person is
limited to a single bag limit for a trip lasting longer than one
calendar day. Unless specified otherwise, possession limits apply to a
person on a trip after the first 24 hours of that trip. The bag and
possession limits apply to a person who fishes in the EEZ in any
manner, except a person on a vessel in the EEZ that has on board the
commercial vessel permit required under this part for the appropriate
species or species group. The possession of a commercial vessel permit
notwithstanding, the bag and possession limits apply when the vessel is
operating as a charter vessel or headboat. A person who fishes in the
EEZ may not combine a bag limit specified in subparts B through U of
this part with a bag or possession limit applicable to state waters. A
species or species group subject to a bag limit specified in subparts B
through U of this part and taken in the EEZ by a person subject to the
bag limits may not be transferred at sea, regardless of where such
transfer takes place, and such fish may not be transferred in the EEZ.
The operator of a vessel that fishes in the EEZ is responsible for
ensuring that the bag and possession limits specified in subparts B
through U of this part are not exceeded.
(2) [Reserved]
(b) [Reserved]
Sec. 622.12 [Removed and Reserved]
0
13. Remove and reserve Sec. 622.12.
Sec. 622.413 [Redesignated as Sec. 622.19]
0
14. Redesignate Sec. 622.413 as Sec. 622.19 in subpart A.
0
15. In newly redesignated Sec. 622.19, revise paragraphs (a) and
(b)(7) and (8) to read as follows:
Sec. 622.19 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, NMFS must publish a document in
the Federal Register and the material must be available to the public.
All approved material is available for inspection at NMFS and at the
National Archives and Records Administration (NARA). Contact NMFS at:
NMFS, Office of Sustainable Fisheries, 1315 East-West Highway, Silver
Spring, MD; 301-427-8500; www.fisheries.noaa.gov/about/office-sustainable-fisheries. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the source(s) in paragraphs (b) and (c) of this
section.
(b) * * *
(7) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal,
Rule 68B-55.002: Retrieval of Trap Debris, in effect as of October 15,
2007, IBR approved for Sec. Sec. 622.402(c) and 622.403(b).
(8) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal,
Rule 68B-55.004: Retrieval of Derelict and Traps Located in Areas
Permanently Closed to Trapping, in effect as of October 15, 2007, IBR
approved for Sec. Sec. 622.402(c) and 622.403(b).
* * * * *
0
16. In Sec. 622.409, revise paragraphs (a) introductory text and
(a)(2) to read as follows:
Sec. 622.409 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to the importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively.
* * * * *
(2) See subparts S, T, and U of this part for the more restrictive
minimum size limits that apply to spiny lobster imported into Puerto
Rico, St. Croix, and St. Thomas and St. John, respectively.
* * * * *
0
17. Revise subpart S to read as follows:
Subpart S--FMP for the EEZ Around Puerto Rico
Sec.
622.430 Management area.
[[Page 30745]]
622.431 Definitions.
622.432 [Reserved]
622.433 Vessel identification.
622.434 Gear identification.
622.435 Trap construction specifications and tending restrictions.
622.436 Anchoring restrictions.
622.437 Prohibited gear and methods.
622.438 Prohibited species.
622.439 Area and seasonal closures.
622.440 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
622.441 Size limits.
622.442 [Reserved]
622.443 Restrictions on sale or purchase.
622.444 Bag and possession limits.
622.445 Other harvest restrictions.
622.446 Spiny lobster import prohibitions.
622.447 Adjustment of management measures.
Sec. 622.430 Management area.
The management area is the EEZ around Puerto Rico bounded by rhumb
lines connecting the following points and geographic instructions in
order:
Table 1 to Sec. 622.430
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A (intersects with the international and EEZ 19[deg]37'29'' 65[deg]20'57''
boundary).
B............................................... 18[deg]25'46.3015'' 65[deg]06'31.866''
From Point B proceed southerly along the 3-
nautical mile territorial boundary of the St.
Thomas and St. John island group to Point C.
C............................................... 18[deg]13'59.0606'' 65[deg]05'33.058''
D............................................... 18[deg]01'16.9636'' 64[deg]57'38.817''
E............................................... 17[deg]30'00.000'' 65[deg]20'00.1716''
F............................................... 16[deg]02'53.5812'' 65[deg]20'00.1716''
From Point F proceed along the international and
EEZ boundary southwesterly, then northerly,
then easterly, and finally southerly to Point
A.
A (intersects with the International and EEZ 19[deg]37'29'' 65[deg]20'57''
boundary).
----------------------------------------------------------------------------------------------------------------
Sec. 622.431 Definitions.
In addition to the definitions and acronyms in Sec. 622.2, the
terms and acronyms used in this subpart have the following meanings:
Coral means any or all species, or a part thereof, of coral
occurring in the EEZ around Puerto Rico, including any or all species,
or a part thereof, of soft corals and gorgonians in Order Alcyonacea;
sea pens and sea pansies in Order Pennatulacea; black corals in Order
Antipatharia; stony corals in Order Scleractinia; and, within Order
Anthoatheacata, fire corals in Family Milleporidae and lace corals in
Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of
coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as
follows:
Table 1 to Sec. 622.431
------------------------------------------------------------------------
Class or Family Scientific name English common name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae Coryphaena hippurus. Dolphinfish.
Coryphaena equiselis Pompano dolphinfish.
Barracudas--Sphyraenidae.... Sphyraena barracuda. Great barracuda.
Mackerels and tunas-- Thunnus atlanticus.. Blackfin tuna.
Scombridae.
Scomberomorus Cero.
regalis.
Scomberomorus King mackerel.
cavalla.
Euthynnus Little tunny.
alletteratus.
Acanthocybium Wahoo.
solandri.
Tripletails--Lobotidae...... Lobotes surinamensis Tripletail.
------------------------------------------------------------------------
Queen conch means the species Lobatus gigas, or a part thereof.
Rays means any or all species, or a part thereof, as follows:
Table 2 to Sec. 622.431
------------------------------------------------------------------------
Class or Family Scientific name English common name
------------------------------------------------------------------------
Eagle and manta rays-- Manta birostris..... Giant manta.
Myliobatidae.
Aetobatus narinari.. Spotted eagle ray.
Stingrays--Dasyatidae....... Dasyatis americana.. Southern stingray.
------------------------------------------------------------------------
Reef fish means any or all species, or a part thereof, as follows:
Table 3 to Sec. 622.431
------------------------------------------------------------------------
Class or Family Scientific name English common name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae.. Pomacanthus paru.... French angelfish.
Pomacanthus arcuatus Gray angelfish.
[[Page 30746]]
Holacanthus ciliaris Queen angelfish.
Groupers--Serranidae........ Mycteroperca bonaci. Black grouper.
Cephalopholis fulva. Coney.
Epinephelus itajara. Goliath grouper.
Cephalopholis Graysby.
cruentata.
Hyporthodus Misty grouper.
mystacinus.
Epinephelus striatus Nassau grouper.
Epinephelus morio... Red grouper.
Epinephelus guttatus Red hind.
Epinephelus Rock hind.
adscensionis.
Mycteroperca tigris. Tiger grouper.
Hyporthodus Yellowedge grouper.
flavolimbatus.
Mycteroperca Yellowfin grouper.
venenosa.
Mycteroperca Yellowmouth grouper.
interstitialis.
Grunts--Haemulidae.......... Haemulon plumierii.. White grunt.
Jacks--Carangidae........... Alectis ciliaris.... African pompano.
Caranx hippos....... Crevalle jack.
Elagatis bipinnulata Rainbow runner.
Parrotfishes--Scaridae...... Scarus coeruleus.... Blue parrotfish.
Scarus coelestinus.. Midnight parrotfish.
Scarus taeniopterus. Princess parrotfish.
Scarus vetula....... Queen parrotfish.
Scarus guacamaia.... Rainbow parrotfish.
Sparisoma Redband parrotfish.
aurofrenatum.
Sparisoma Redtail parrotfish.
chrysopterum.
Sparisoma viride.... Stoplight
parrotfish.
Scarus iseri........ Striped parrotfish.
Snappers--Lutjanidae........ Apsilus dentatus.... Black snapper.
Lutjanus buccanella. Blackfin snapper.
Pristipomoides Cardinal snapper.
macrophthalmus.
Lutjanus cyanopterus Cubera snapper.
Lutjanus jocu....... Dog snapper.
Lutjanus synagris... Lane snapper.
Lutjanus analis..... Mutton snapper.
Etelis oculatus..... Queen snapper.
Lutjanus apodus..... Schoolmaster.
Lutjanus vivanus.... Silk snapper.
Rhomboplites Vermilion snapper.
aurorubens.
Pristipomoides Wenchman.
aquilonaris.
Ocyurus chrysurus... Yellowtail snapper.
Surgeonfishes--Acanthuridae. Acanthurus coeruleus Blue tang.
Acanthurus chirurgus Doctorfish.
Acanthurus tractus.. Ocean surgeonfish.
Triggerfishes--Balistidae... Balistes capriscus.. Gray triggerfish.
Canthidermis Ocean triggerfish.
sufflamen.
Balistes vetula..... Queen triggerfish.
Wrasses--Labridae........... Lachnolaimus maximus Hogfish.
Halichoeres radiatus Puddingwife.
Bodianus rufus...... Spanish hogfish.
------------------------------------------------------------------------
Sea cucumber means any or all species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ around Puerto Rico.
Sea urchin means any or all species of sea urchin, or a part
thereof, in Class Echinoidea and occurring in the EEZ around Puerto
Rico.
Spiny lobster trap means a trap and its component parts, including
the lines and buoys, used for or capable of taking spiny lobster and
meeting the spiny lobster trap construction specifications of this
subpart.
Sec. 622.432 [Reserved]
Sec. 622.433 Vessel identification.
See Sec. 622.6 for vessel identification requirements applicable
to this subpart.
Sec. 622.434 Gear identification.
(a) Reef fish--(1) Fish traps and associated buoys. All fish traps
used or possessed in the EEZ around Puerto Rico must display the
official number specified for the vessel by Puerto Rico or the U.S.
Virgin Islands. A fish trap that is fished individually, rather than
tied together in a trap line, must have at least one buoy attached that
floats on the surface. Fish traps that are tied together in a trap line
must have at least one buoy that floats at the surface attached at each
end of the trap line. All buoys must display the official number and
color code assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ
around Puerto Rico will be presumed to be the property of the most
recently documented owner. This presumption will not apply with respect
to such traps that are lost or sold if the owner reports the loss or
sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish
trap or buoy deployed in the EEZ around Puerto Rico
[[Page 30747]]
is illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster--(1) Spiny lobster traps and associated buoys.
All spiny lobster traps used or possessed in the EEZ around Puerto Rico
must display the official number specified for the vessel by Puerto
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished
individually, rather than tied together in a trap line, must have at
least one buoy attached that floats on the surface. Spiny lobster traps
that are tied together in a trap line must have at least one buoy that
floats at the surface attached at each end of the trap line. All buoys
must display the official number and color code assigned to the vessel
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny
lobster trap in the EEZ around Puerto Rico will be presumed to be the
property of the most recently documented owner. This presumption will
not apply with respect to such traps that are lost or sold if the owner
reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An
unmarked spiny lobster trap or buoy deployed in the EEZ around Puerto
Rico is illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
Sec. 622.435 Trap construction specifications and tending
restrictions.
(a) Reef fish--(1) Construction specifications--(i) Minimum mesh
size. A bare-wire fish trap used or possessed in the EEZ around Puerto
Rico that has hexagonal mesh openings must have a minimum mesh size of
1.5 inches (3.8 cm) in the smallest dimension measured between centers
of opposite strands. A bare-wire fish trap used or possessed in the EEZ
around Puerto Rico that has other than hexagonal mesh openings or a
fish trap of other than bare wire, such as coated wire or plastic, used
or possessed in the EEZ around Puerto Rico, must have a minimum mesh
size of 2 inches (5.1 cm) in the smallest dimension measured between
centers of opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ
around Puerto Rico must have a panel located on one side of the trap,
excluding the top, bottom, and side containing the trap entrance. The
opening covered by the panel must measure not less than 8 by 8 inches
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than
the mesh size of the trap. The panel must be attached to the trap with
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm).
An access door may serve as the panel, provided it is on an appropriate
side, it is hinged only at its bottom, its only other fastening is
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm),
and such fastening is at the top of the door so that the door will fall
open when such twine degrades. Jute twine used to secure a panel may
not be wrapped or overlapped.
(2) Tending restrictions. A fish trap in the EEZ around Puerto Rico
may be pulled or tended only by a person (other than an authorized
officer) aboard the fish trap owner's vessel, or aboard another vessel
if such vessel has on board written consent of the trap owner, or if
the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
(b) [Reserved]
(c) Spiny lobster--(1) Construction specifications--(i) Escape
mechanisms. A spiny lobster trap used or possessed in the EEZ around
Puerto Rico must contain on any vertical side or on the top a panel no
smaller in diameter than the throat or entrance of the trap. The panel
must be made of or attached to the trap by one of the following
degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to
tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around
Puerto Rico may be pulled or tended only by a person (other than an
authorized officer) aboard the trap owner's vessel, or aboard another
vessel if such vessel has on board written consent of the trap owner,
or if the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
Sec. 622.436 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or
commercial, that fishes for or possesses reef fish in or from the EEZ
around Puerto Rico must ensure that the vessel uses only an anchor
retrieval system that recovers the anchor by its crown, thereby
preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode
reversal bar that runs parallel along the shank, which allows the rode
to reverse and slip back toward the crown. For a fluke- or plow-type
anchor, a trip line consisting of a line from the crown of the anchor
to a surface buoy is required.
Sec. 622.437 Prohibited gear and methods.
Also see Sec. 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases all
fisheries.
(a) Reef fish--(1) Poisons. A poison, drug, or other chemical may
not be used to fish for reef fish in the EEZ around Puerto Rico.
(2) Powerheads. A powerhead may not be used in the EEZ around
Puerto Rico to harvest reef fish. The possession of a mutilated reef
fish in or from the EEZ around Puerto Rico and a powerhead constitutes
a rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around Puerto Rico to fish for reef fish. The
possession of a reef fish in or from the EEZ around Puerto Rico and a
gillnet or trammel net constitutes a rebuttable presumption of a
violation of this paragraph (a)(3). A gillnet or trammel net used in
the EEZ around Puerto Rico to fish for any other species must be tended
at all times.
(b) [Reserved]
(c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar
device may not be used in the EEZ around Puerto Rico to harvest a spiny
lobster. The possession of a speared, pierced, or punctured spiny
lobster in or from the EEZ around Puerto Rico constitutes a rebuttable
presumption of a violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around Puerto Rico to fish for spiny lobster. The
possession of a spiny lobster in or from the EEZ around Puerto Rico and
a gillnet or trammel net constitutes a rebuttable presumption of a
violation of this paragraph (c)(2). A gillnet or trammel net used in
the EEZ around Puerto Rico to fish for any other species must be tended
at all times.
Sec. 622.438 Prohibited species.
The harvest and possession restrictions of this section apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ around
[[Page 30748]]
Puerto Rico is responsible for the limit applicable to that vessel. Any
of the following species caught in the EEZ around Puerto Rico must be
released immediately with a minimum of harm.
(a) Reef fish. No person may fish for or possess the following reef
fish species in or from the EEZ around Puerto Rico.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or
sea urchin may not be fished for or possessed in or from the EEZ around
Puerto Rico. The taking of coral in the EEZ around Puerto Rico is not
considered unlawful possession provided it is returned immediately to
the sea in the general area of fishing.
(e) Queen conch. No person may fish for or possess queen conch in
or from the EEZ around Puerto Rico.
(f) Rays. No person may fish for or possess giant manta, spotted
eagle ray, or southern stingray in or from the EEZ around Puerto Rico.
Sec. 622.439 Area and seasonal closures.
(a) Closures applicable to specific areas--(1) Abrir La Sierra Bank
red hind spawning aggregation area. Abrir La Sierra Bank is bounded by
rhumb lines connecting, in order, the points listed in Table 1 to this
paragraph (a)(1).
(i) From December 1 through the last day of February, each year,
fishing is prohibited in Abrir La Sierra Bank.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in Abrir La Sierra Bank.
Table 1 to Sec. 622.439(a)(1)--Abrir La Sierra Bank
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 18[deg]06.5' 67[deg]26.9'
B........................... 18[deg]06.5' 67[deg]23.9'
C........................... 18[deg]03.5' 67[deg]23.9'
D........................... 18[deg]03.5' 67[deg]26.9'
A........................... 18[deg]06.5' 67[deg]26.9'
------------------------------------------------------------------------
(2) Tourmaline Bank red hind spawning aggregation area. Tourmaline
Bank is bounded by rhumb lines connecting, in order, the points listed
in Table 2 to this paragraph (a)(2).
(i) From December 1 through the last day of February, each year,
fishing is prohibited in those parts of Tourmaline Bank that are in the
EEZ around Puerto Rico.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in those parts of Tourmaline Bank
that are in the EEZ around Puerto Rico.
Table 2 to Sec. 622.439(a)(2)--Tourmaline Bank
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 18[deg]11.2' 67[deg]22.4'
B........................... 18[deg]11.2' 67[deg]19.2'
C........................... 18[deg]08.2' 67[deg]19.2'
D........................... 18[deg]08.2' 67[deg]22.4'
A........................... 18[deg]11.2' 67[deg]22.4'
------------------------------------------------------------------------
(3) Bajo de Sico. Bajo de Sico is bounded by rhumb lines
connecting, in order, the points listed in Table 3 to this paragraph
(a)(3).
(i) From October 1 through March 31, each year, no person may fish
for or possess any reef fish in or from those parts of Bajo de Sico
that are in the EEZ around Puerto Rico. The prohibition on possession
does not apply to such reef fish harvested and landed ashore prior to
the closure.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in those parts of Bajo de Sico
that are in the EEZ around Puerto Rico.
(iii) Anchoring by fishing vessels is prohibited year-round in
those parts of Bajo de Sico that are in the EEZ around Puerto Rico.
Table 3 to Sec. 622.439(a)(3)--Bajo de Sico
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 18[deg]15.7' 67[deg]26.4'
B........................... 18[deg]15.7' 67[deg]23.2'
C........................... 18[deg]12.7' 67[deg]23.2'
D........................... 18[deg]12.7' 67[deg]26.4'
A........................... 18[deg]15.7' 67[deg]26.4'
------------------------------------------------------------------------
(b) Seasonal closures applicable to specific species--(1) Black,
red, tiger, yellowedge, and yellowfin grouper closure. From February 1
through April 30, each year, no person may fish for or possess black,
red, tiger, yellowedge, or yellowfin grouper in or from the EEZ around
Puerto Rico. The prohibition on possession does not apply to such
grouper harvested and landed ashore prior to the closure.
(2) Red hind closure. From December 1 through the last day of
February, each year, no person may fish for or possess red hind in or
from the EEZ around Puerto Rico west of 67[deg]10' W longitude. The
prohibition on possession does not apply to red hind harvested and
landed ashore prior to the closure.
(3) Black, blackfin, silk, and vermilion snapper closure. From
October 1 through December 31, each year, no person may fish for or
possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around Puerto Rico. The prohibition on possession does not apply to
such snapper harvested and landed ashore prior to the closure.
(4) Lane and mutton snapper closure. From April 1 through June 30,
each year, no person may fish for or possess lane or mutton snapper in
or from the EEZ around Puerto Rico. The prohibition on possession does
not apply to such snapper harvested and landed ashore prior to the
closure.
Sec. 622.440 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Reef fish. For those fishing commercially, the applicable ACL
is the commercial ACL. For those fishing recreationally, the applicable
ACL is the recreational ACL. When landings for one sector are not
available for comparison to that sector's ACL, the ACL for the sector
with available landings is the ACL for the stock or stock complex.
(1) Commercial ACLs. The commercial ACLs are as follows and given
in round weight.
Table 1 to Sec. 622.440(a)(1)
------------------------------------------------------------------------
Stock or stock complex
Family and species composition Commercial ACL
------------------------------------------------------------------------
Angelfishes................ Angelfish--French 137 lb (62.1 kg).
angelfish, gray
angelfish, queen
angelfish.
Groupers................... Grouper 3--coney \1\, 23,890 lb
graysby. (10,836.3 kg).
Grouper 4--black 2,492 lb (1,130.3
grouper, red grouper, kg).
tiger grouper,
yellowfin grouper,
yellowmouth grouper.
Grouper 5--misty 15,327 lb (6,952.2
grouper, yellowedge kg).
grouper.
Grouper 6--red hind 121,729 lb
\1\, rock hind. (55,215.3 kg).
Grunts..................... Grunts--white grunt.... 177,923 lb
(80,704.5 kg).
Jacks...................... Jacks 1--crevalle jack. 46 lb (20.8 kg).
Jacks 2--African 1,052 lb (477.1
pompano. kg).
[[Page 30749]]
Jacks 3--rainbow runner 913 lb (414.1 kg).
Parrotfishes............... Parrotfish 2--princess 147,774 lb
parrotfish, queen (67,029.1 kg).
parrotfish, redband
parrotfish, redtail
parrotfish, stoplight
parrotfish, striped
parrotfish.
Snappers................... Snapper 1--black 424,009 lb
snapper, blackfin (192,327.2 kg).
snapper, silk snapper
\1\, vermilion
snapper, wenchman.
Snapper 2--cardinal 257,236 lb
snapper, queen snapper (116,680.2 kg).
\1\.
Snapper 3--lane snapper 244,376 lb
(110,847 kg).
Snapper 4--dog snapper, 116,434 lb
mutton snapper \1\, (52,813.5 kg).
schoolmaster.
Snapper 5--yellowtail 315,806 lb
snapper. (143,247.1 kg).
Snapper 6--cubera 119 lb (53.9 kg).
snapper.
Surgeonfishes.............. Surgeonfish--blue tang, 147 lb (66.6 kg).
doctorfish, ocean
surgeonfish.
Triggerfishes.............. Triggerfish--gray 83,099 lb (37,693
triggerfish, ocean kg).
triggerfish, queen
triggerfish \1\.
Wrasses.................... Wrasses 1--hogfish..... 70,140 lb
(31,814.9 kg).
Wrasses 2--puddingwife, 20,126 lb (9,129
Spanish hogfish. kg).
------------------------------------------------------------------------
\1\ Indicator stock.
(2) Recreational ACLs. The recreational ACLs are as follows and
given in round weight.
Table 2 to Sec. 622.440(a)(2)
------------------------------------------------------------------------
Stock or stock complex
Family and species composition Recreational ACL
------------------------------------------------------------------------
Angelfishes................ Angelfish--French 2,985 lb (1,353.9
angelfish, gray kg).
angelfish, queen
angelfish.
Groupers................... Grouper 3--coney \1\, 19,634 lb (8,905.8
graysby. kg).
Grouper 4--black 5,867 lb (2,661.2
grouper, red grouper, kg).
tiger grouper,
yellowfin grouper,
yellowmouth grouper.
Grouper 5--misty 4,225 lb (1,916.4
grouper, yellowedge kg).
grouper.
Grouper 6--red hind 34,493 lb
\1\, rock hind. (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 5,719 lb (2,594
pompano. kg).
Jacks 3--rainbow runner 8,091 lb (3,670
kg).
Parrotfishes............... Parrotfish 2--princess 17,052 lb (7,734.6
parrotfish, queen kg).
parrotfish, redband
parrotfish, redtail
parrotfish, stoplight
parrotfish, striped
parrotfish.
Snappers................... Snapper 1--black 111,943 lb
snapper, blackfin (50,776.4 kg).
snapper, silk snapper
\1\, vermilion
snapper, wenchman.
Snapper 2--cardinal 24,974 lb (11,328
snapper, queen snapper kg).
\1\.
Snapper 3--lane snapper 21,603 lb (9,798.9
kg).
Snapper 4--dog snapper, 76,625 lb
mutton snapper *, (34,756.5 kg).
schoolmaster.
Snapper 5--yellowtail 23,988 lb
snapper. (10,880.7 kg).
Snapper 6--cubera 6,448 lb (2,924.7
snapper. kg).
Surgeonfishes.............. Surgeonfish--blue tang, 860 lb (390 kg).
doctorfish, ocean
surgeonfish.
Triggerfishes.............. Triggerfish--gray 7,453 lb (3,380.6
triggerfish, ocean kg).
triggerfish, queen
triggerfish \1\.
Wrasses.................... Wrasses 1--hogfish..... 8,263 lb (3,748
kg).
Wrasses 2--puddingwife, 5,372 lb (2,436.6
Spanish hogfish. kg).
------------------------------------------------------------------------
\1\ Indicator stock.
(3) Total ACLs. The total ACLs (combined commercial and
recreational ACLs) are as follows and given in round weight.
Table 3 to Sec. 622.440(a)(3)
------------------------------------------------------------------------
Stock or stock complex
Family and species composition Total ACL
------------------------------------------------------------------------
Angelfishes................ Angelfish--French 3,122 lb (1,416.1
angelfish, gray kg).
angelfish, queen
angelfish.
Groupers................... Grouper 3--coney \1\, 43,524 lb
graysby. (19,742.1 kg).
Grouper 4--black 8,359 lb (3,791.5
grouper, red grouper, kg).
tiger grouper,
yellowfin grouper,
yellowmouth grouper.
Grouper 5--misty 19,552 lb (8,868.6
grouper, yellowedge kg).
grouper.
Grouper 6--red hind 156,222 lb
\1\, rock hind. (70,861.1 kg).
Grunts..................... Grunts--white grunt.... 180,384 lb
(81,820.8 kg).
Jacks...................... Jacks 1--crevalle jack. 41,940 lb
(19,023.6 kg).
Jacks 2--African 6,771 lb (3,071.2
pompano. kg).
Jacks 3--rainbow runner 9,004 lb (4,084.1
kg).
[[Page 30750]]
Parrotfishes............... Parrotfish 2--princess 164,826 lb
parrotfish, queen (74,763.8 kg).
parrotfish, redband
parrotfish, redtail
parrotfish, stoplight
parrotfish, striped
parrotfish.
Snappers................... Snapper 1--black 535,952 lb
snapper, blackfin (243,103.7 kg).
snapper, silk snapper
\1\, vermilion
snapper, wenchman.
Snapper 2--cardinal 282,210 lb
snapper, queen snapper (128,008.3 kg).
\1\.
Snapper 3--lane snapper 265,979 lb
(120,646 kg).
Snapper 4--dog snapper, 193,059 lb (87,570
mutton snapper \1\, kg).
schoolmaster.
Snapper 5--yellowtail 339,794 lb
snapper. (154,127.9 kg).
Snapper 6--cubera 6,567 lb (2,978.7
snapper. kg).
Surgeonfishes.............. Surgeonfish--blue tang, 1,007 lb (456.7
doctorfish, ocean kg).
surgeonfish.
Triggerfishes.............. Triggerfish--gray 90,552 lb
triggerfish, ocean (41,073.6 kg).
triggerfish, queen
triggerfish \1\.
Wrasses.................... Wrasses 1--hogfish..... 78,403 lb (35,563
kg).
Wrasses 2--puddingwife, 25,498 lb
Spanish hogfish. (11,565.6 kg).
------------------------------------------------------------------------
\1\ Indicator stock.
(4) General applicability and monitoring of AMs. At or near the
beginning the fishing year, landings for each stock, stock complex, or
indicator stock will be evaluated relative to the ACL based on a moving
multi-year average of landings, as described in the FMP. When landings
for one sector are not available for comparison to that sector's ACL,
the ACL for the sector with available landings is the ACL for the stock
or stock complex and the AM specified in paragraph (a)(7) of this
section applies. Any fishing season reduction required under paragraph
(a) of this section will be applied starting from September 30 and
moving earlier toward the beginning of the fishing year. If the length
of the required fishing season reduction exceeds the time period of
January 1 through September 30, any additional fishing season reduction
will be applied starting from October 1 and moving later toward the end
of the fishing year.
(5) Commercial AMs. If NMFS estimates that commercial landings for
a stock, stock complex, or indicator stock have exceeded the applicable
commercial ACL specified in paragraph (a)(1) of this section for the
stock or stock complex, and the combined commercial and recreational
landings for the stock, stock complex, or indicator stock have exceeded
the applicable combined commercial and recreational sector ACL (total
ACL) specified in paragraph (a)(3) of this section for that stock or
stock complex, the Assistant Administrator for NOAA Fisheries (AA) will
file a notification with the Office of the Federal Register to reduce
the length of the commercial fishing season for the stock or stock
complex within that fishing year by the amount necessary to prevent
commercial landings from exceeding the commercial ACL for the stock or
stock complex, unless NMFS determines that a fishing season reduction
is not necessary based on the best scientific information available. If
NMFS determines that either the commercial ACL or total ACL for the
stock or stock complex was exceeded because data collection or
monitoring improved rather than because landings increased, NMFS will
not reduce the length of the commercial fishing season for the stock or
stock complex.
(6) Recreational AMs. If NMFS estimates that recreational landings
for a stock, stock complex, or indicator stock have exceeded the
applicable recreational ACL specified in paragraph (a)(2) of this
section for the stock or stock complex, and the combined commercial and
recreational landings for the stock, stock complex, or indicator stock
have exceeded the applicable combined commercial and recreational ACL
(total ACL) specified in paragraph (a)(3) of this section for that
stock or stock complex, the AA will file a notification with the Office
of the Federal Register to reduce the length of the recreational
fishing season for the stock or stock complex within that fishing year
by the amount necessary to prevent recreational landings from exceeding
the recreational ACL for the stock or stock complex, unless NMFS
determines that a fishing season reduction is not necessary based on
the best scientific information available. If NMFS determines that
either the recreational ACL or total ACL for the stock or stock complex
was exceeded because data collection or monitoring improved rather than
because landings increased, NMFS will not reduce the length of the
recreational fishing season for the stock or stock complex.
(7) AM when only one sector's landings are available. When landings
for one sector are not available for comparison to that sector's ACL,
the ACL for the sector with available landings in this paragraph (a) is
the applicable ACL for the stock or stock complex. If NMFS estimates
that available landings for the stock, stock complex, or indicator
stock, have exceeded the applicable ACL for the stock or stock complex,
the AA will file a notification with the Office of the Federal Register
to reduce the length of the fishing season for the stock or stock
complex within that fishing year by the amount necessary to prevent
landings from exceeding the ACL, unless NMFS determines that a fishing
season reduction is not necessary based on the best scientific
information available. If NMFS determines that the ACL was exceeded
because data collection or monitoring improved rather than because
landings increased, NMFS will not reduce the length of the fishing
season for the stock or stock complex.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
Indicator stocks are noted in the relevant tables to paragraph (a) of
this section. For those fishing commercially, the applicable ACL is the
commercial ACL and the applicable ACT is the commercial ACT. For those
fishing recreationally, the applicable ACL is the recreational ACL and
the applicable ACT is the recreational ACT. When landings for one
sector are not available for comparison to that sector's ACL and ACT,
the ACL and ACT for the sector with available landings are the ACL and
ACT for the stock or stock complex.
(1) Barracuda--great barracuda. (i) Commercial ACL--495 lb (224.5
kg).
(ii) Commercial ACT--445 lb (201.8 kg).
(iii) Recreational ACL--167,693 lb (76,064.2 kg).
(iv) Recreational ACT--150,924 lb (68,457.9 kg).
(2) Dolphinfishes--dolphinfish, pompano dolphinfish. (i) Commercial
ACL--232,173 lb (105,311.9 kg).
(ii) Commercial ACT--208,956 lb (94,780.8 kg).
[[Page 30751]]
(iii) Recreational ACL--1,513,873 lb (686,681.2 kg).
(iv) Recreational ACT--1,362,486 lb (618,013.2 kg).
(3) Mackerels--cero, king mackerel. (i) Commercial ACL--232,422 lb
(105,424.8 kg).
(ii) Commercial ACT--209,180 lb (94,882.4 kg).
(iii) Recreational ACL--129,180 lb (58,595 kg).
(iv) Recreational ACT--116,262 lb (52,735.5 kg).
(4) Tripletail. (i) Commercial ACL--270 lb (122.4 kg).
(ii) Commercial ACT--243 lb (110.2 kg).
(iii) Recreational ACL--39,005 lb (17,692.3 kg).
(iv) Recreational ACT--35,105 lb (15,923.3 kg).
(5) Tunas--blackfin tuna, little tunny. (i) Commercial ACL--82,779
lb (37,547.9 kg).
(ii) Commercial ACT--74,501 lb (33,793 kg).
(iii) Recreational ACL--34,485 lb (15,642.1 kg).
(iv) Recreational ACT--31,037 lb (14,078.1 kg).
(6) Wahoo. (i) Commercial ACL--25,911 lb (11,753 kg).
(ii) Commercial ACT--23,320 lb (10,577.7 kg).
(iii) Recreational ACL--210,737 lb (95,588.6 kg).
(iv) Recreational ACT--189,663 lb (86,029.6 kg).
(7) Pelagic fish AM application. At or near the beginning the
fishing year, landings for each stock, stock complex, or indicator
stock will be evaluated relative to the applicable ACT for the stock or
stock complex based on a moving multi-year average of landings, as
described in the FMP. If NMFS estimates that landings have exceeded the
applicable ACT specified in paragraph (b) of this section for a stock
or stock complex, NMFS in consultation with the Caribbean Fishery
Management Council will determine appropriate corrective action.
(c) Spiny lobster. (1) ACL--527,232 lb (239,148.4 kg), round
weight.
(2) At or near the beginning the fishing year, landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACL specified in paragraph (c)(1) of this section, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for spiny lobster within that
fishing year by the amount necessary to prevent landings from exceeding
the ACL, unless NMFS determines that a fishing season reduction is not
necessary based on the best scientific information available. If NMFS
determines the ACL was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season. Any fishing season reduction required
under this paragraph (c)(2) will be applied starting from September 30
and moving earlier toward the beginning of the fishing year. If the
length of the required fishing season reduction exceeds the time period
of January 1 through September 30, any additional fishing season
reduction will be applied starting from October 1 and moving later
toward the end of the fishing year.
(d)-(e) [Reserved]
(f) Closure provisions for reef fish and spiny lobster--(1)
Restrictions applicable during a commercial closure for a reef fish
stock or stock complex in the EEZ around Puerto Rico. During the
closure period announced in the notification filed pursuant to
paragraph (a)(5) of this section, the commercial sector included in the
notification is closed, and such stock or stock complex in or from the
EEZ around Puerto Rico may not be purchased or sold. Harvest or
possession of such reef fish stock or stock complex in or from the EEZ
around Puerto Rico is limited to the recreational bag and possession
limits. If the recreational sector for such stock or stock complex also
is closed, such stock or stock complex in or from the EEZ around Puerto
Rico may not be harvested, possessed, purchased, or sold, and the bag
and possession limits are zero.
(2) Restrictions applicable during a recreational closure for a
reef fish stock or stock complex in the EEZ around Puerto Rico. During
the closure period announced in the notification filed pursuant to
paragraph (a)(6) of this section, the recreational sector for the reef
fish stock or stock complex included in the notification is closed, and
the bag and possession limits for such stock or stock complex in or
from the EEZ around Puerto Rico are zero. If the commercial sector for
such stock or stock complex also is closed, such stock or stock complex
in or from the EEZ around Puerto Rico may not be harvested, possessed,
purchased, or sold, and the bag and possession limits are zero.
(3) Restrictions applicable during a closure for a reef fish stock
or stock complex in the EEZ around Puerto Rico when only one sector's
landings are available. During the closure period announced in the
notification filed pursuant to paragraph (a)(7) of this section, the
fishing season for the reef fish stock or stock complex included in the
notification is closed, and such stock or stock complex in or from the
EEZ around Puerto Rico may not be harvested, possessed, purchased, or
sold, and the bag and possession limits for such stock or stock complex
are zero.
(4) Restrictions applicable during a spiny lobster closure in the
EEZ around Puerto Rico. During the closure period announced in the
notification filed pursuant to paragraph (c)(2) of this section, the
fishing season for spiny lobster is closed, and spiny lobster in or
from the EEZ around Puerto Rico may not be harvested, possessed,
purchased, or sold, and the bag and possession limits are zero.
Sec. 622.441 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. A fish not in compliance with its size limit in or
from the EEZ around Puerto Rico may not be possessed, sold, or
purchased, and must be released immediately with a minimum of harm. The
operator of a vessel that fishes in the EEZ around Puerto Rico is
responsible for ensuring that all species on board are in compliance
with the size limits specified in this section. See Sec. 622.10
regarding requirements for landing fish intact. See Sec. 622.445(c)(2)
regarding requirements for landing spiny lobster intact.
(a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
Sec. 622.442 [Reserved]
Sec. 622.443 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from
the EEZ around Puerto Rico may not be sold or purchased and used in the
marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or purchase a coral harvested in
the EEZ around Puerto Rico.
(2) A coral that is sold in Puerto Rico will be presumed to have
been harvested in the EEZ around Puerto Rico, unless it is accompanied
by documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish
[[Page 30752]]
or wildlife that are imported, exported, or transported in interstate
commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual harvesting the coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting
that, to the best of his or her knowledge, information, and belief,
such coral was harvested from other than in the EEZ around Puerto Rico
or the waters of Puerto Rico or the U.S. Virgin Islands.
Sec. 622.444 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and
possession limits. However, Sec. 622.11(a) notwithstanding, the bag
limits of this section do not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5
per person per day or, if 3 or more persons are aboard, 15 per vessel
per day; but not to exceed 2 parrotfish per person per day or 6
parrotfish per vessel per day.
(2) Angelfishes, grunts, jacks, surgeonfishes, triggerfishes, and
wrasses combined--5 per person per day or, if 3 or more persons are
aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per
person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
Sec. 622.445 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny
lobster. Egg-bearing spiny lobster in the EEZ around Puerto Rico must
be returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a spiny lobster trap, provided the trap is returned
immediately to the water. An egg-bearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in any other manner molested, in
order to remove the eggs.
(2) Landing spiny lobster intact. (i) A spiny lobster in or from
the EEZ around Puerto Rico must be maintained with head and carapace
intact through offloading ashore.
(ii) The operator of a vessel that fishes in the EEZ around Puerto
Rico is responsible for ensuring that spiny lobster on that vessel are
maintained intact through offloading ashore, as specified in this
section.
Sec. 622.446 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce
(170-gram) tail weight into Puerto Rico. For the purposes of paragraph
(a) of this section, a 6-ounce (170-gram) tail weight is defined as a
tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation
accompanying an imported spiny lobster, including but not limited to
product packaging, customs entry forms, bills of lading, brokerage
forms, or commercial invoices, indicates that the product does not
satisfy the minimum tail-weight, the person importing such spiny
lobster has the burden to prove that such spiny lobster does satisfy
the minimum tail-weight requirement or that such spiny lobster has a
tail length of 6.2 inches (15.75 cm) or greater or that such spiny
lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has
the burden to prove that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is
satisfied, such spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 622.409 regarding the minimum size limit that applies
to spiny lobster imported into any place subject to the jurisdiction of
the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts T and U of this part for the minimum size limits
that apply to spiny lobster imported into St. Croix and St. Thomas and
St. John, respectively.
(b) Additional spiny lobster import prohibitions--(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
are the first five pairs of abdominal appendages.
Sec. 622.447 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the EEZ around Puerto Rico, the RA may establish or
modify the following items.
(a) Standard open framework procedures. Re-specify maximum
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), acceptable biological catch (ABC), ACL, ACT,
sustainable yield level, and other related management reference points
and status determination criteria; establish or revise rebuilding
plans; revise AMs; modify reporting or monitoring requirements, and
time or area closures and closure procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking
requirements, maintaining fish in a specific condition, size limits,
commercial trip limits, recreational bag and possession limits, changes
to the length of an established closed season of no more than 1 day,
and gear modifications to address conservation issues including
responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.
Sec. Sec. 622.470 through 622.474 [Redesignated as Sec. Sec. 622.505
through 622.509]
0
18. Redesignate Sec. Sec. 622.470 through 622.474 as Sec. Sec.
622.505 through 622.509.
0
19. Revise subpart T to read as follows:
Subpart T--FMP for the EEZ around St. Croix
Sec.
622.470 Management area.
622.471 Definitions.
622.472 [Reserved]
622.473 Vessel identification.
622.474 Gear identification.
622.475 Trap construction specifications and tending restrictions.
622.476 Anchoring restrictions.
622.477 Prohibited gear and methods.
622.478 Prohibited species.
622.479 Area and seasonal closures.
622.480 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
622.481 Size limits.
622.482 Commercial trip limits.
622.483 Restrictions on sale or purchase.
622.484 Bag and possession limits.
622.485 Other harvest restrictions.
[[Page 30753]]
622.486 Spiny lobster import prohibitions.
622.487 Adjustment of management measures.
Sec. 622.470 Management area.
The management area is the EEZ around St. Croix bounded by rhumb
lines connecting the following points and geographic instructions in
order:
Table 1 to Sec. 622.470
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
G................................................. 18[deg]03'03'' 64[deg]38'03''
From Point G proceed along the international and
EEZ boundary easterly, then southerly, then
southwesterly to Point F.
F................................................. 16[deg]02'53.5812'' 65[deg]20'00.1716''
E................................................. 17[deg]30'00.000'' 65[deg]20'00.1716''
D................................................. 18[deg]01'16.9636'' 64[deg]57'38.817''
G................................................. 18[deg]03'03'' 64[deg]38'03''
----------------------------------------------------------------------------------------------------------------
Sec. 622.471 Definitions.
In addition to the definitions and acronyms in Sec. 622.2, the
terms and acronyms used in this subpart have the following meanings:
Coral means any or all species, or a part thereof, of coral
occurring in the EEZ around St. Croix, including any or all species, or
a part thereof, of soft corals and gorgonians in Order Alcyonacea; sea
pens and sea pansies in Order Pennatulacea; black corals in Order
Antipatharia; stony corals in Order Scleractinia; and, within Order
Anthoatheacata, fire corals in Family Milleporidae and lace corals in
Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of
coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as
follows:
Table 1 to Sec. 622.471
------------------------------------------------------------------------
Class or family Scientific name English common name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae Coryphaena hippurus. Dolphinfish.
Mackerels and tunas-- Acanthocybium Wahoo.
Scombridae. solandri.
------------------------------------------------------------------------
Queen conch means the species Lobatus gigas, or a part thereof.
Reef fish means any or all species, or a part thereof, as follows:
Table 2 to Sec. 622.471
------------------------------------------------------------------------
Class or family Scientific name English common name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae.. Pomacanthus paru.... French angelfish.
Pomacanthus arcuatus Gray angelfish.
Holacanthus ciliaris Queen angelfish.
Groupers--Serranidae........ Mycteroperca bonaci. Black grouper.
Cephalopholis fulva. Coney.
Epinephelus itajara. Goliath grouper.
Cephalopholis Graysby.
cruentata.
Hyporthodus Misty grouper.
mystacinus.
Epinephelus striatus Nassau grouper.
Epinephelus morio... Red grouper.
Epinephelus guttatus Red hind.
Epinephelus Rock hind.
adscensionis.
Mycteroperca tigris. Tiger grouper.
Mycteroperca Yellowfin grouper.
venenosa.
Grunts--Haemulidae.......... Haemulon sciurus.... Bluestriped grunt.
Haemulon plumierii.. White grunt.
Parrotfishes--Scaridae...... Scarus coeruleus.... Blue parrotfish.
Scarus coelestinus.. Midnight parrotfish.
Scarus taeniopterus. Princess parrotfish.
Scarus vetula....... Queen parrotfish.
Scarus guacamaia.... Rainbow parrotfish.
Sparisoma Redband parrotfish.
aurofrenatum.
Sparisoma rubripinne Redfin parrotfish.
Sparisoma Redtail parrotfish.
chrysopterum.
Sparisoma viride.... Stoplight
parrotfish.
Scarus iseri........ Striped parrotfish.
Snappers--Lutjanidae........ Apsilus dentatus.... Black snapper.
Lutjanus buccanella. Blackfin snapper.
Lutjanus griseus.... Gray snapper.
Lutjanus synagris... Lane snapper.
Lutjanus analis..... Mutton snapper.
Etelis oculatus..... Queen snapper.
[[Page 30754]]
Lutjanus apodus..... Schoolmaster.
Lutjanus vivanus.... Silk snapper.
Rhomboplites Vermilion snapper.
aurorubens.
Ocyurus chrysurus... Yellowtail snapper.
Squirrelfishes--Holocentrida Holocentrus rufus... Longspine
e. squirrelfish.
Surgeonfishes--Acanthuridae. Acanthurus coeruleus Blue tang.
Acanthurus chirurgus Doctorfish.
Acanthurus tractus.. Ocean surgeonfish.
Triggerfishes--Balistidae... Balistes vetula..... Queen triggerfish.
------------------------------------------------------------------------
Sea cucumber means any or all species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ of St. Croix.
Sea urchin means any or all species of sea urchin, or a part
thereof, in Class Echinoidea and occurring in the EEZ of St. Croix.
Spiny lobster trap means a trap and its component parts, including
the lines and buoys, used for or capable of taking spiny lobster and
meeting the spiny lobster trap construction specifications of this
subpart.
Sec. 622.472 [Reserved]
Sec. 622.473 Vessel identification.
See Sec. 622.6 for vessel identification requirements applicable
to this subpart.
Sec. 622.474 Gear identification.
(a) Reef fish--(1) Fish traps and associated buoys. All fish traps
used or possessed in the EEZ around St. Croix must display the official
number specified for the vessel by Puerto Rico or the U.S. Virgin
Islands. A fish trap that is fished individually, rather than tied
together in a trap line, must have at least one buoy attached that
floats on the surface. Fish traps that are tied together in a trap line
must have at least one buoy that floats at the surface attached at each
end of the trap line. All buoys must display the official number and
color code assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ
around St. Croix will be presumed to be the property of the most
recently documented owner. This presumption will not apply with respect
to such traps that are lost or sold if the owner reports the loss or
sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish
trap or buoy deployed in the EEZ around St. Croix is illegal and may be
disposed of in any appropriate manner by the Assistant Administrator or
an authorized officer.
(b) [Reserved]
(c) Spiny lobster--(1) Spiny lobster traps and associated buoys.
All spiny lobster traps used or possessed in the EEZ around St. Croix
must display the official number specified for the vessel by Puerto
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished
individually, rather than tied together in a trap line, must have at
least one buoy attached that floats on the surface. Spiny lobster traps
that are tied together in a trap line must have at least one buoy that
floats at the surface attached at each end of the trap line. All buoys
must display the official number and color code assigned to the vessel
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny
lobster trap in the EEZ around St. Croix will be presumed to be the
property of the most recently documented owner. This presumption will
not apply with respect to such traps that are lost or sold if the owner
reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An
unmarked spiny lobster trap or buoy deployed in the EEZ around St.
Croix is illegal and may be disposed of in any appropriate manner by
the Assistant Administrator or an authorized officer.
Sec. 622.475 Trap construction specifications and tending
restrictions.
(a) Reef fish--(1) Construction specifications--(i) Minimum mesh
size. A bare-wire fish trap used or possessed in the EEZ around St.
Croix that has hexagonal mesh openings must have a minimum mesh size of
1.5 inches (3.8 cm) in the smallest dimension measured between centers
of opposite strands. A bare-wire fish trap used or possessed in the EEZ
around St. Croix that has other than hexagonal mesh openings or a fish
trap of other than bare wire, such as coated wire or plastic, used or
possessed in the EEZ around St. Croix, must have a minimum mesh size of
2 inches (5.1 cm) in the smallest dimension measured between centers of
opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ
around St. Croix must have a panel located on one side of the trap,
excluding the top, bottom, and side containing the trap entrance. The
opening covered by the panel must measure not less than 8 by 8 inches
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than
the mesh size of the trap. The panel must be attached to the trap with
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm).
An access door may serve as the panel, provided it is on an appropriate
side, it is hinged only at its bottom, its only other fastening is
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm),
and such fastening is at the top of the door so that the door will fall
open when such twine degrades. Jute twine used to secure a panel may
not be wrapped or overlapped.
(2) Tending restrictions. A fish trap in the EEZ around St. Croix
may be pulled or tended only by a person (other than an authorized
officer) aboard the fish trap owner's vessel, or aboard another vessel
if such vessel has on board written consent of the trap owner, or if
the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
(b) [Reserved]
(c) Spiny lobster--(1) Construction specifications--(i) Escape
mechanisms. A spiny lobster trap used or possessed in the EEZ around
St. Croix must contain on any vertical side or on the top a panel no
smaller in diameter than the throat or entrance of the trap. The panel
must be made of or attached to the trap by one of the following
degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to
tyre palm, hemp, jute, cotton, wool, or silk.
[[Page 30755]]
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around
St. Croix may be pulled or tended only by a person (other than an
authorized officer) aboard the trap owner's vessel, or aboard another
vessel if such vessel has on board written consent of the trap owner,
or if the trap owner is aboard and has documentation verifying his
identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's
gear identification number and color code.
Sec. 622.476 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or
commercial, that fishes for or possesses reef fish in or from the EEZ
around St. Croix must ensure that the vessel uses only an anchor
retrieval system that recovers the anchor by its crown, thereby
preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode
reversal bar that runs parallel along the shank, which allows the rode
to reverse and slip back toward the crown. For a fluke- or plow-type
anchor, a trip line consisting of a line from the crown of the anchor
to a surface buoy is required.
Sec. 622.477 Prohibited gear and methods.
Also see Sec. 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases all
fisheries.
(a) Reef fish--(1) Poisons. A poison, drug, or other chemical may
not be used to fish for reef fish in the EEZ around St. Croix.
(2) Powerheads. A powerhead may not be used in the EEZ around St.
Croix to harvest reef fish. The possession of a mutilated reef fish in
or from the EEZ around St. Croix and a powerhead constitutes a
rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Croix to fish for reef fish. The possession
of a reef fish in or from the EEZ around St. Croix and a gillnet or
trammel net constitutes a rebuttable presumption of a violation of this
paragraph (a)(3). A gillnet or trammel net used in the EEZ around St.
Croix to fish for any other species must be tended at all times.
(b) [Reserved]
(c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar
device may not be used in the EEZ around St. Croix to harvest a spiny
lobster. The possession of a speared, pierced, or punctured spiny
lobster in or from the EEZ around St. Croix constitutes a rebuttable
presumption of a violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Croix to fish for spiny lobster. The
possession of a spiny lobster in or from the EEZ around St. Croix and a
gillnet or trammel net constitutes a rebuttable presumption of a
violation of this paragraph (c)(2). A gillnet or trammel net used in
the EEZ around St. Croix to fish for any other species must be tended
at all times.
(d) [Reserved]
(e) Queen conch. In the EEZ around St. Croix, no person may harvest
queen conch by diving while using a device that provides a continuous
air supply from the surface.
Sec. 622.478 Prohibited species.
The harvest and possession restrictions of this section apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ around St. Croix is responsible for the limit
applicable to that vessel. Any of the following species caught in the
EEZ around St. Croix must be released immediately with a minimum of
harm.
(a) Reef fish. No person may fish for or possess the following reef
fish species in or from the EEZ around St. Croix.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or
sea urchin may not be fished for or possessed in or from the EEZ around
St. Croix. The taking of coral in the EEZ around St. Croix is not
considered unlawful possession provided it is returned immediately to
the sea in the general area of fishing.
(e) [Reserved]
Sec. 622.479 Area and seasonal closures.
(a) Closures applicable to specific areas--(1) Mutton snapper
spawning aggregation area. The mutton snapper spawning aggregation area
is bounded by rhumb lines connecting, in order, the points listed in
Table 1 to this paragraph (a).
(i) From March 1 through June 30, each year, fishing is prohibited
in those parts of the mutton snapper spawning aggregation area that are
in the EEZ around St. Croix.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in those parts of the mutton
snapper spawning aggregation area that are in the EEZ around St. Croix.
Table 1 to Sec. 622.479(a)--Mutton Snapper Spawning Aggregation Area
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 17[deg]37.8' 64[deg]53.0'
B........................... 17[deg]39.0' 64[deg]53.0'
C........................... 17[deg]39.0' 64[deg]50.5'
D........................... 17[deg]38.1' 64[deg]50.5'
E........................... 17[deg]37.8' 64[deg]52.5'
A........................... 17[deg]37.8' 64[deg]53.0'
------------------------------------------------------------------------
(2) Red hind spawning aggregation area east of St. Croix. The red
hind spawning aggregation area east of St. Croix is bounded by rhumb
lines connecting, in order, the points listed in Table 2 to this
paragraph (a)(2).
(i) From December 1 through the last day of February, each year,
fishing is prohibited in the red hind spawning aggregation area east of
St. Croix.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in the red hind spawning
aggregation area east of St. Croix.
Table 2 to Sec. 622.479(a)(2)--Red Hind Spawning Aggregation Area East
of St. Croix
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 17[deg]50.2' 64[deg]27.9'
B........................... 17[deg]50.1' 64[deg]26.1'
C........................... 17[deg]49.2' 64[deg]25.8'
D........................... 17[deg]48.6' 64[deg]25.8'
E........................... 17[deg]48.1' 64[deg]26.1'
F........................... 17[deg]47.5' 64[deg]26.9'
A........................... 17[deg]50.2' 64[deg]27.9'
------------------------------------------------------------------------
(b) Seasonal closures applicable to specific species--(1) Black,
red, tiger, and yellowfin grouper closure. From February 1 through
April 30, each year, no person may fish for or possess black, red,
tiger, or yellowfin grouper in or from the EEZ around St. Croix. The
prohibition on possession does not apply to such grouper harvested and
landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion snapper closure. From
October 1 through December 31, each year, no person may fish for or
possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around St. Croix. The prohibition on possession does not apply to such
snapper harvested and landed ashore prior to the closure.
(3) Lane and mutton snapper closure. From April 1 through June 30,
each year, no person may fish for or possess
[[Page 30756]]
lane or mutton snapper in or from the EEZ around St. Croix. The
prohibition on possession does not apply to such snapper harvested and
landed ashore prior to the closure.
(4) Queen conch. No person may fish for or possess a queen conch in
or from the EEZ around St. Croix, except from November 1 through May 31
in the area east of 64[deg]34' W longitude, which includes Lang Bank.
Sec. 622.480 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Reef fish. (1) The ACLs are as follows and given in round
weight.
Table 1 to Sec. 622.480(a)(1)
------------------------------------------------------------------------
Stock or stock complex
Family and species composition ACL
------------------------------------------------------------------------
Angelfishes................ Angelfish--French 6,412 lb (2,908.4
angelfish, gray kg).
angelfish, queen
angelfish.
Groupers................... Grouper 3--coney,\1\ 13,529 lb (6,136.6
graysby. kg).
Grouper 4--red hind,\1\ 11,849 lb (5,374.6
rock hind. kg).
Grouper 5--black 701 lb (317.9 kg).
grouper, red grouper,
tiger grouper,
yellowfin grouper.
Grouper 6--misty 77 lb (34.9 kg).
grouper.
Grunts..................... Grunts--bluestriped 27,169 lb
grunt, white grunt. (12,323.6 kg).
Parrotfishes............... Parrotfish 2--princess 72,365 lb
parrotfish, queen (32,824.2 kg).
parrotfish, redband
parrotfish, redfin
parrotfish, redtail
parrotfish,\1\
stoplight
parrotfish,\1\ striped
parrotfish.
Snappers................... Snapper 1--black 61,455 lb
snapper, blackfin (27,875.5 kg).
snapper,\1\ silk
snapper,\1\ vermilion
snapper.
Snapper 2--queen 7,911 lb (3,588.3
snapper. kg).
Snapper 3--gray 14,156 lb (6,421
snapper, lane snapper. kg).
Snapper 4--mutton 8,513 lb (3,861.4
snapper. kg).
Snapper 5--schoolmaster 22,879 lb
(10,377.7 kg).
Snapper 6--yellowtail 15,670 lb (7,107.7
snapper. kg).
Squirrelfishes............. Squirrelfish--longspine 3,514 (1,593.9
squirrelfish. kg).
Surgeonfishes.............. Surgeonfish--blue tang, 39,061 lb
doctorfish, ocean (17,717.7 kg).
surgeonfish.
Triggerfishes.............. Triggerfish--queen 21,450 lb (9,729.5
triggerfish. kg).
------------------------------------------------------------------------
\1\ Indicator stock.
(2) At or near the beginning the fishing year, landings for each
stock, stock complex, or indicator stock will be evaluated relative to
the ACL based on a moving multi-year average of landings, as described
in the FMP. If NMFS estimates that landings for a stock, stock complex,
or indicator stock have exceeded the ACL specified in paragraph (a)(1)
of this section for the stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA) will file a notification with the
Office of the Federal Register to reduce the length of the fishing
season for the stock or stock complex within that fishing year by the
amount necessary to prevent landings from exceeding the ACL for the
stock or stock complex, unless NMFS determines that a fishing season
reduction is not necessary based on the best scientific information
available. If NMFS determines that the ACL for a particular stock or
stock complex was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season for the stock or stock complex. Any
fishing season reduction required under this paragraph (a)(2) will be
applied starting from September 30 and moving earlier toward the
beginning of the fishing year. If the length of the required fishing
season reduction exceeds the time period of January 1 through September
30, any additional fishing season reduction will be applied starting
from October 1 and moving later toward the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
(1) Dolphinfish. (i) ACL--86,633 lb (39,296 kg).
(ii) ACT--77,970 lb (35,366.5 kg).
(2) Wahoo. (i) ACL--27,260 lb (12,364.9 kg).
(ii) ACT--24,534 lb (11,128.4 kg).
(3) Pelagic fish AM application. At or near the beginning the
fishing year, landings for the stock or stock complex will be evaluated
relative to the ACT for the stock or stock complex based on a moving
multi-year average of landings, as described in the FMP. If NMFS
estimates that landings have exceeded the ACT specified in paragraph
(b) of this section, NMFS in consultation with the Caribbean Fishery
Management Council will determine appropriate corrective action.
(c) Spiny lobster. (1) ACL--197,528 lb (89,597.1 kg), round weight.
(2) At or near the beginning the fishing year, landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACL specified in paragraph (c)(1) of this section, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for spiny lobster within that
fishing year by the amount necessary to prevent landings from exceeding
the ACL, unless NMFS determines that a fishing season reduction is not
necessary based on the best scientific information available. If NMFS
determines the ACL was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season. Any fishing season reduction required
under this paragraph (c)(2) will be applied starting from September 30
and moving earlier toward the beginning of the fishing year. If the
length of the required fishing season reduction exceeds the time period
of January 1 through September 30, any additional fishing season
reduction will be applied starting from October 1 and moving later
toward the end of the fishing year.
(d) [Reserved]
(e) Queen conch. (1) ACL--50,000 lb (22,679.6 kg), round weight.
(2) If NMFS estimates landings reach or are projected to reach the
ACL specified in paragraph (e)(1) of this section, the AA will close
the area east of 64[deg]34' W longitude in the EEZ around St. Croix to
the harvest and possession of queen conch by filing a notification of
the closure with the Office of the Federal Register. During the closure
period, no person may fish for or possess a queen conch in or from the
area east of 64[deg]34' W longitude in the EEZ around St. Croix.
(f) Closure provisions for reef fish, spiny lobster, and queen
conch. The following restrictions apply during a fishing season closure
for reef fish,
[[Page 30757]]
spiny lobster, or queen conch in the EEZ around St. Croix. During the
closure period announced in the notification filed pursuant to
paragraph (a)(2), (c)(2), or (e)(2) of this section, such stock or
stock complex in or from the EEZ around St. Croix may not be harvested,
possessed, purchased, or sold, and the commercial trip limits and
recreational bag and possession limits are zero.
Sec. 622.481 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. A fish not in compliance with its size limit in or
from the EEZ around St. Croix may not be possessed, sold, or purchased,
and must be released immediately with a minimum of harm. The operator
of a vessel that fishes in the EEZ around St. Croix is responsible for
ensuring that all species on board are in compliance with the size
limits specified in this section. See Sec. 622.10 regarding
requirements for landing fish intact. See Sec. 622.485(c)(2) regarding
requirements for landing spiny lobster intact. See Sec. 622.485(e)
regarding requirements for landing queen conch with the meat and shell
intact.
(a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
(2) Parrotfishes, except for redband parrotfish, and prohibited
blue parrotfish, midnight parrotfish, or rainbow parrotfish--9 inches
(22.9 cm), FL.
(3) Redband parrotfish--8 inches (20.3 cm), FL.
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
(d) [Reserved]
(e) Queen conch. (1) The minimum size limit is either 9 inches
(22.9 cm) in length, that is, from the tip of the spire to the distal
end of the shell, or \3/8\-inch (9.5 mm) in lip width at its widest
point.
(2) A queen conch not in compliance with its size limit, as
specified in paragraph (e)(1) of this section, in or from the EEZ
around St. Croix, may not be possessed, sold, or purchased and must be
released immediately with a minimum of harm. The operator of a vessel
that fishes in the EEZ around St. Croix is responsible for ensuring
that queen conch on board are in compliance with the size limit
specified in paragraph (e)(1) this section.
Sec. 622.482 Commercial trip limits.
Commercial trip limits are limits on the amount of the applicable
species that may be possessed on board or landed, purchased, or sold
from a vessel per day. A person who fishes in the EEZ around St. Croix
may not combine a trip limit specified in this section with any trip or
possession limit applicable to state waters. A species subject to a
trip limit specified in this section taken in the EEZ around St. Croix
may not be transferred at sea, regardless of where such transfer takes
place.
(a) Queen conch. (1) 200.
(2) The trip limits specified in paragraph (a)(1) of this section
apply to a vessel that has at least one person on board with a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands. If no person on the vessel has a valid commercial fishing
license issued by Puerto Rico or the U.S. Virgin Islands, the bag and
possession limits specified in Sec. 622.484(e) apply.
(b) [Reserved]
Sec. 622.483 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from
the EEZ around St. Croix may not be sold or purchased and used in the
marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or purchase a coral harvested in
the EEZ around St. Croix.
(2) A coral that is sold in St. Croix will be presumed to have been
harvested in the EEZ around St. Croix, unless it is accompanied by
documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual harvesting the coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting
that, to the best of his or her knowledge, information, and belief,
such coral was harvested from other than in the EEZ around St. Croix or
the waters of Puerto Rico or the U.S. Virgin Islands.
Sec. 622.484 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and
possession limits. However, Sec. 622.11(a) notwithstanding, the bag
limits of this section do not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands.
(a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5
per person per day or, if 3 or more persons are aboard, 15 per vessel
per day; but not to exceed 2 parrotfish per person per day or 6
parrotfish per vessel per day.
(2) Angelfishes, grunts, squirrelfishes, surgeonfishes, and
triggerfishes combined--5 per person per day or, if 3 or more persons
are aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per
person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
(d) [Reserved]
(e) Queen conch. 3 per person per day or, if more than 4 persons
are aboard, 12 per vessel per day.
Sec. 622.485 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny
lobster. Egg-bearing spiny lobster in the EEZ around St. Croix must be
returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a spiny lobster trap, provided the trap is returned
immediately to the water. An egg-bearing spiny lobster may not be
stripped, scraped, shaved, clipped, or in any other manner molested, in
order to remove the eggs.
(2) Landing spiny lobster intact. (i) A spiny lobster in or from
the EEZ around St. Croix must be maintained with head and carapace
intact through offloading ashore.
(ii) The operator of a vessel that fishes in the EEZ around St.
Croix is responsible for ensuring that spiny lobster on that vessel are
maintained intact through offloading ashore, as specified in this
section.
(d) [Reserved]
(e) Queen conch. (1) A queen conch in or from the EEZ around St.
Croix must be maintained with meat and shell intact through offloading
ashore.
(2) The operator of a vessel that fishes in the EEZ around St.
Croix is responsible for ensuring that queen conch on that vessel are
maintained intact through offloading ashore, as specified in this
section.
Sec. 622.486 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St
Croix, and St. Thomas and St. John, respectively.
[[Page 30758]]
(1) No person may import a spiny lobster with less than a 6-ounce
(170-gram) tail weight into St. Croix. For the purposes of paragraph
(a) of this section, a 6-ounce (170-gram) tail weight is defined as a
tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation
accompanying an imported spiny lobster, including but not limited to
product packaging, customs entry forms, bills of lading, brokerage
forms, or commercial invoices, indicates that the product does not
satisfy the minimum tail-weight, the person importing such spiny
lobster has the burden to prove that such spiny lobster does satisfy
the minimum tail-weight requirement or that such spiny lobster has a
tail length of 6.2 inches (15.75 cm) or greater or that such spiny
lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has
the burden to prove that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is
satisfied, such spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 622.409 regarding the minimum size limit that applies
to spiny lobster imported into any place subject to the jurisdiction of
the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts S and U of this part for the minimum size limits
that apply to spiny lobster imported into Puerto Rico and St. Thomas
and St. John, respectively.
(b) Additional spiny lobster import prohibitions--(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
are the first five pairs of abdominal appendages.
Sec. 622.487 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the EEZ around St Croix, the RA may establish or
modify the following items.
(a) Standard open framework procedures. Re-specify maximum
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), acceptable biological catch (ABC), ACL, ACT,
sustainable yield level, and other related management reference points
and status determination criteria; establish or revise rebuilding
plans; revise AMs; modify reporting or monitoring requirements, and
time or area closures and closure procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking
requirements, maintaining fish in a specific condition, size limits,
commercial trip limits, recreational bag and possession limits, changes
to the length of an established closed season of no more than 1 day,
and gear modifications to address conservation issues including
responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.
0
20. Revise subpart U to read as follows:
Subpart U--FMP for the EEZ Around St. Thomas and St. John
Sec.
622.505 Management area.
622.506 Definitions.
622.507 [Reserved]
622.508 Vessel identification.
622.509 Gear identification.
622.510 Trap construction specifications and tending restrictions.
622.511 Anchoring restrictions.
622.512 Prohibited gear and methods.
622.513 Prohibited species.
622.514 Area and seasonal closures.
622.515 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
622.516 Size limits.
622.517 [Reserved]
622.518 Restrictions on sale or purchase.
622.519 Bag and possession limits.
622.520 Other harvest restrictions.
622.521 Spiny lobster import prohibitions.
622.522 Adjustment of management measures.
Sec. 622.505 Management area.
The management area is the EEZ around St. Thomas and St. John
bounded by rhumb lines connecting the following points and geographic
instructions in order:
Table 1 to Sec. 622.505
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A (intersects with the international and EEZ 19[deg]37'29'' 65[deg]20'57''
boundary).
From Point A proceed along the international and
EEZ boundary southeasterly to Point G.
G............................................... 18[deg]03'03'' 64[deg]38'03''
D............................................... 18[deg]01'16.9636'' 64[deg]57'38.817''
C............................................... 18[deg]13'59.0606'' 65[deg]05'33.058''
From Point C proceed along the 3-nautical mile
territorial boundary around St. Thomas and St.
John northerly to Point B.
B............................................... 18[deg]25'46.3015'' 65[deg]06'31.866''
A (intersects with the international and EEZ 19[deg]37'29'' 65[deg]20'57''
boundary).
----------------------------------------------------------------------------------------------------------------
Sec. 622.506 Definitions.
In addition to the definitions and acronyms in Sec. 622.2, the
terms and acronyms used in this subpart have the following meanings:
Coral means any or all species, or a part thereof, of coral
occurring in the EEZ around St. Thomas and St. John, including any or
all species, or a part thereof, of soft corals and gorgonians in Order
Alcyonacea; sea pens and sea pensies in Order Pennatulacea; black
corals in Order Antipatharia; and stony corals in Order Scleractinia;
and, within Order Anthoatheacata, fire corals in Family Milleporidae
and lace corals in Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of
coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as
follows:
[[Page 30759]]
Table 1 to Sec. 622.506
------------------------------------------------------------------------
Class or Family Scientific name English common name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae Coryphaena hippurus. Dolphinfish.
Mackerels and tunas-- Acanthocybium Wahoo.
Scombridae. solandri.
------------------------------------------------------------------------
Queen conch means the species Lobatus gigas, or a part thereof.
Reef fish means any or all species, or a part thereof, as follows:
Table 2 to Sec. 622.506
------------------------------------------------------------------------
Class or Family Scientific name English common name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae.. Pomacanthus paru.... French angelfish.
Pomacanthus arcuatus Gray angelfish.
Holacanthus ciliaris Queen angelfish.
Groupers--Serranidae........ Mycteroperca bonaci. Black grouper.
Cephalopholis fulva. Coney.
Epinephelus itajara. Goliath grouper.
Hyporthodus Misty grouper.
mystacinus.
Epinephelus striatus Nassau grouper.
Epinephelus morio... Red grouper.
Epinephelus guttatus Red hind.
Mycteroperca tigris. Tiger grouper.
Hyporthodus Yellowedge grouper.
flavolimbatus.
Mycteroperca Yellowfin grouper.
venenosa.
Mycteroperca Yellowmouth grouper.
interstitialis.
Grunts--Haemulidae.......... Haemulon sciurus.... Bluestriped grunt.
Haemulon album...... Margate.
Haemulon plumierii.. White grunt.
Jacks--Carangidae........... Caranx crysos....... Blue runner.
Parrotfishes--Scaridae...... Scarus coeruleus.... Blue parrotfish.
Scarus coelestinus.. Midnight parrotfish.
Scarus taeniopterus. Princess parrotfish.
Scarus vetula....... Queen parrotfish.
Scarus guacamaia.... Rainbow parrotfish.
Sparisoma Redband parrotfish.
aurofrenatum.
Sparisoma rubripinne Redfin parrotfish.
Sparisoma Redtail parrotfish.
chrysopterum.
Sparisoma viride.... Stoplight
parrotfish.
Scarus iseri........ Striped parrotfish.
Porgies--Sparidae........... Calamus bajonado.... Jolthead porgy.
Calamus calamus..... Saucereye porgy.
Archosargus Sea bream.
rhomboidalis.
Calamus penna....... Sheepshead porgy.
Snappers--Lutjanidae........ Apsilus dentatus.... Black snapper.
Lutjanus buccanella. Blackfin snapper.
Lutjanus synagris... Lane snapper.
Lutjanus analis..... Mutton snapper.
Etelis oculatus..... Queen snapper.
Lutjanus vivanus.... Silk snapper.
Rhomboplites Vermilion snapper.
aurorubens.
Ocyurus chrysurus... Yellowtail snapper.
Surgeonfishes--Acanthuridae. Acanthurus coeruleus Blue tang.
Acanthurus chirurgus Doctorfish.
Acanthurus tractus.. Ocean surgeonfish.
Triggerfishes--Balistidae... Balistes vetula..... Queen triggerfish.
Wrasses--Labridae........... Lachnolaimus maximus Hogfish.
------------------------------------------------------------------------
Sea cucumber means any or all species, or a part thereof, in Class
Holothuroidea and occurring in the EEZ of St. Thomas and St. John.
Sea urchin means any or all species of sea urchin, or a part
thereof, in Class Echinoidea and occurring in the EEZ of St. Thomas and
St. John.
Spiny lobster trap means a trap and its component parts, including
the lines and buoys, used for or capable of taking spiny lobster and
meeting the spiny lobster trap construction specifications of this
subpart.
Sec. 622.507 [Reserved]
Sec. 622.508 Vessel identification.
See Sec. 622.6 for vessel identification requirements applicable
to this subpart.
Sec. 622.509 Gear identification.
(a) Reef fish--(1) Fish traps and associated buoys. All fish traps
used or possessed in the EEZ around St. Thomas and St. John must
display the official number specified for the vessel by Puerto Rico or
the U.S. Virgin Islands. A fish trap that is fished individually,
rather than tied together in a trap line, must have at least one buoy
attached that floats on the surface. Fish traps that
[[Page 30760]]
are tied together in a trap line must have at least one buoy that
floats at the surface attached at each end of the trap line. All buoys
must display the official number and color code assigned to the vessel
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ
around St. Thomas and St. John will be presumed to be the property of
the most recently documented owner. This presumption will not apply
with respect to such traps that are lost or sold if the owner reports
the loss or sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish
trap or buoy deployed in the EEZ around St. Thomas and St. John is
illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster--(1) Spiny lobster traps and associated buoys.
All spiny lobster traps used or possessed in the EEZ around St. Thomas
and St. John must display the official number specified for the vessel
by Puerto Rico or the U.S. Virgin Islands. A spiny lobster trap that is
fished individually, rather than tied together in a trap line, must
have at least one buoy attached that floats on the surface. Spiny
lobster traps that are tied together in a trap line must have at least
one buoy that floats at the surface attached at each end of the trap
line. All buoys must display the official number and color code
assigned to the vessel by Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny
lobster trap in the EEZ around St. Thomas and St. John will be presumed
to be the property of the most recently documented owner. This
presumption will not apply with respect to such traps that are lost or
sold if the owner reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An
unmarked spiny lobster trap or buoy deployed in the EEZ around St.
Thomas and St. John is illegal and may be disposed of in any
appropriate manner by the Assistant Administrator or an authorized
officer.
Sec. 622.510 Trap construction specifications and tending
restrictions.
(a) Reef fish--(1) Construction specifications--(i) Minimum mesh
size. A bare-wire fish trap used or possessed in the EEZ around St.
Thomas and St. John that has hexagonal mesh openings must have a
minimum mesh size of 1.5 inches (3.8 cm) in the smallest dimension
measured between centers of opposite strands. A bare-wire fish trap
used or possessed in the EEZ around St. Thomas and St. John that has
other than hexagonal mesh openings or a fish trap of other than bare
wire, such as coated wire or plastic, used or possessed in the EEZ
around St. Thomas and St. John, must have a minimum mesh size of 2
inches (5.1 cm) in the smallest dimension measured between centers of
opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ
around St. Thomas and St. John must have a panel located on one side of
the trap, excluding the top, bottom, and side containing the trap
entrance. The opening covered by the panel must measure not less than 8
by 8 inches (20.3 by 20.3 cm). The mesh size of the panel may not be
smaller than the mesh size of the trap. The panel must be attached to
the trap with untreated jute twine with a diameter not exceeding \1/8\-
inch (3.2 mm). An access door may serve as the panel, provided it is on
an appropriate side, it is hinged only at its bottom, its only other
fastening is untreated jute twine with a diameter not exceeding \1/8\-
inch (3.2 mm), and such fastening is at the top of the door so that the
door will fall open when such twine degrades. Jute twine used to secure
a panel may not be wrapped or overlapped.
(2) Tending restrictions. A fish trap in the EEZ around St. Thomas
and St. John may be pulled or tended only by a person (other than an
authorized officer) aboard the fish trap owner's vessel, or aboard
another vessel if such vessel has on board written consent of the trap
owner, or if the trap owner is aboard and has documentation verifying
his identification number and color code. An owner's written consent
must specify the time period such consent is effective and the trap
owner's gear identification number and color code.
(b) [Reserved]
(c) Spiny lobster--(1) Construction specifications--(i) Escape
mechanisms. A spiny lobster trap used or possessed in the EEZ around
St. Thomas and St. John must contain on any vertical side or on the top
a panel no smaller in diameter than the throat or entrance of the trap.
The panel must be made of or attached to the trap by one of the
following degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to
tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around
St. Thomas and St. John may be pulled or tended only by a person (other
than an authorized officer) aboard the trap owner's vessel, or aboard
another vessel if such vessel has on board written consent of the trap
owner, or if the trap owner is aboard and has documentation verifying
his identification number and color code. An owner's written consent
must specify the time period such consent is effective and the trap
owner's gear identification number and color code.
Sec. 622.511 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or
commercial, that fishes for or possesses reef fish in or from the EEZ
around St. Thomas and St. John must ensure that the vessel uses only an
anchor retrieval system that recovers the anchor by its crown, thereby
preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode
reversal bar that runs parallel along the shank, which allows the rode
to reverse and slip back toward the crown. For a fluke- or plow-type
anchor, a trip line consisting of a line from the crown of the anchor
to a surface buoy is required.
Sec. 622.512 Prohibited gear and methods.
Also see Sec. 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases all
fisheries.
(a) Reef fish--(1) Poisons. A poison, drug, or other chemical may
not be used to fish for reef fish in the EEZ around St. Thomas and St.
John.
(2) Powerheads. A powerhead may not be used in the EEZ around St.
Thomas and St. John to harvest reef fish. The possession of a mutilated
reef fish in or from the EEZ around St. Thomas and St. John and a
powerhead constitutes a rebuttable presumption of a violation of this
paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Thomas and St. John to fish for reef fish.
The possession of a reef fish in or from the EEZ around St. Thomas and
St. John and a gillnet or trammel net constitutes a rebuttable
presumption of a violation of this paragraph (a)(3). A gillnet or
trammel net used in the EEZ around St. Thomas and St. John to fish for
any other species must be tended at all times.
(b) [Reserved]
(c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar
device may not be used in the EEZ around St. Thomas and St. John to
harvest a spiny
[[Page 30761]]
lobster. The possession of a speared, pierced, or punctured spiny
lobster in or from the EEZ around St. Thomas and St. John constitutes a
rebuttable presumption of a violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be
used in the EEZ around St. Thomas and St. John to fish for spiny
lobster. The possession of a spiny lobster in or from the EEZ around
St. Thomas and St. John and a gillnet or trammel net constitutes a
rebuttable presumption of a violation of this paragraph (c)(2). A
gillnet or trammel net used in the EEZ around St. Thomas and St. John
to fish for any other species must be tended at all times.
Sec. 622.513 Prohibited species.
The harvest and possession restrictions of this section apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ around St. Thomas and St. John is responsible
for the limit applicable to that vessel. Any of the following species
caught in the EEZ around St. Thomas and St. John must be released
immediately with a minimum of harm.
(a) Reef fish. No person may fish for or possess the following reef
fish species in or from the EEZ around St. Thomas and St. John.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or
sea urchin may not be fished for or possessed in or from the EEZ around
St. Thomas and St. John. The taking of coral in the EEZ around St.
Thomas and St. John is not considered unlawful possession provided it
is returned immediately to the sea in the general area of fishing.
(e) Queen conch. No person may fish for or possess queen conch in
or from the EEZ around St. Thomas and St. John.
Sec. 622.514 Area and seasonal closures.
(a) Closures applicable to specific areas--(1) Grammanik Bank. The
Grammanik Bank is bounded by rhumb lines connecting, in order, the
points listed in Table 1 to this paragraph (a)(1).
(i) From February 1 through April 30, each year, no person may fish
for or possess any species of fish, except highly migratory species, in
or from the Grammanik Bank. The prohibition on possession does not
apply to such fish harvested and landed ashore prior to the closure.
For the purpose of this paragraph, fish means finfish, mollusks,
crustaceans, and all other forms of marine animal and plant life other
than marine mammals and birds. Highly migratory species means bluefin,
bigeye, yellowfin, albacore, and skipjack tunas; swordfish; sharks
(listed in appendix A to part 635 of this title); and white marlin,
blue marlin, sailfish, and longbill spearfish.
(ii) Fishing with pots, traps, bottom longlines, gillnets or
trammel nets is prohibited year-round in the Grammanik Bank.
Table 1 to Sec. 622.514(a)(1)--Grammanik Bank
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 18[deg]11.898' 64[deg]56.328'
B........................... 18[deg]11.645' 64[deg]56.225'
C........................... 18[deg]11.058' 64[deg]57.810'
D........................... 18[deg]11.311' 64[deg]57.913'
A........................... 18[deg]11.898' 64[deg]56.328'
------------------------------------------------------------------------
(2) Hind Bank Marine Conservation District (MCD). The Hind Bank MCD
is bounded by rhumb lines connecting, in order, the points listed in
Table 2 to this paragraph (a)(2). Fishing for any species and anchoring
by fishing vessels is prohibited year-round in those parts of the Hind
Bank MCD that are in the EEZ around St. Thomas and St. John.
Table 2 to Sec. 622.514(a)(2)--Hind Bank MCD
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................... 18[deg]13.2' 65[deg]06.0'
B........................... 18[deg]13.2' 64[deg]59.0'
C........................... 18[deg]11.8' 64[deg]59.0'
D........................... 18[deg]10.7' 65[deg]06.0'
A........................... 18[deg]13.2' 65[deg]06.0'
------------------------------------------------------------------------
(b) Seasonal closures applicable to specific species--(1) Black,
red, tiger, yellowedge, and yellowfin grouper closure. From February 1
through April 30, each year, no person may fish for or possess black,
red, tiger, yellowedge, or yellowfin grouper in or from the EEZ around
St. Thomas and St. John. The prohibition on possession does not apply
to such grouper harvested and landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion snapper closure. From
October 1 through December 31, each year, no person may fish for or
possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around St. Thomas and St. John. The prohibition on possession does not
apply to such snapper harvested and landed ashore prior to the closure.
(3) Lane and mutton snapper closure. From April 1 through June 30,
each year, no person may fish for or possess lane or mutton snapper in
or from the EEZ around St. Thomas and St. John. The prohibition on
possession does not apply to such snapper harvested and landed ashore
prior to the closure.
Sec. 622.515 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Reef fish. (1) The following ACLs are as follows and given in
round weight.
Table 1 to Sec. 622.515(a)(1)
------------------------------------------------------------------------
Stock or stock complex
Family and species composition ACL
------------------------------------------------------------------------
Angelfishes................ Angelfish--French 18,297 lb (8,299.3
angelfish, gray kg).
angelfish \1\, queen
angelfish.
Groupers................... Grouper 3--coney, red 65,030 lb
hind \1\. (29,497.1 kg).
Grouper 4--black 2,254 lb (1,022.3
grouper, red grouper, kg).
tiger grouper,
yellowfin grouper.
Grouper 5--misty 390 lb (176.9 kg).
grouper, yellowedge
grouper, yellowmouth
grouper.
Grunts..................... Grunts 1--bluestriped 30,581 lb
grunt, white grunt \1\. (13,871.3 kg).
Grunts 2--margate...... 2,319 lb (1,051.8
kg).
Jacks...................... Jacks--blue runner..... 44,665 lb
(20,259.7 kg).
Parrotfishes............... Parrotfish 2--princess 60,026 lb
parrotfish, queen (27,227.3 kg).
parrotfish, redband
parrotfish, redfin
parrotfish, redtail
parrotfish \1\,
stoplight parrotfish
\1\, striped
parrotfish.
Porgies.................... Porgies--jolthead 29,039 lb
porgy, saucereye porgy (13,171.8 kg).
\1\, sea bream,
sheepshead porgy.
Snappers................... Snapper 1--black 20,090 lb (9,112.6
snapper, blackfin kg).
snapper \1\, silk
snapper, vermilion
snapper.
Snapper 2--queen 568 lb (257.6 kg).
snapper.
Snapper 3--lane 30,784 lb
snapper, mutton (13,963.3 kg).
snapper \1\.
Snapper 4--yellowtail 88,952 lb
snapper. (40,347.9 kg).
Surgeonfishes.............. Surgeonfish--blue tang, 22,630 lb
doctorfish \1\, ocean (10,264.7 kg).
surgeonfish.
[[Page 30762]]
Triggerfishes.............. Triggerfish--queen 97,670 lb
triggerfish. (44,302.3 kg).
Wrasses.................... Wrasses--hogfish....... 2,951 lb (1,338.5
kg).
------------------------------------------------------------------------
\1\ Indicator stock.
(2) At or near the beginning of the fishing year, landings for each
stock, stock complex, or indicator stock will be evaluated relative to
the ACL based on a moving multi-year average of landings, as described
in the FMP. If NMFS estimates that landings for a stock, stock complex,
or indicator stock have exceeded the ACL specified in paragraph (a)(1)
of this section for the stock or stock complex, the Assistant
Administrator for NOAA Fisheries (AA) will file a notification with the
Office of the Federal Register to reduce the length of the fishing
season for the stock or stock complex within that fishing year by the
amount necessary to prevent landings from exceeding the ACL for the
stock or stock complex, unless NMFS determines that a fishing season
reduction is not necessary based on the best scientific information
available. If NMFS determines that the ACL for a particular stock or
stock complex was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season for the stock or stock complex. Any
fishing season reduction required under this paragraph (a)(2) will be
applied starting from September 30 and moving earlier toward the
beginning of the fishing year. If the length of the required fishing
season reduction exceeds the time period of January 1 through September
30, any additional fishing season reduction will be applied starting
from October 1 and moving later toward the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
(1) Dolphinfish. (i) ACL--9,778 lb (4,435.2 kg).
(ii) ACT--8,800 lb (3,991.6 kg).
(2) Wahoo. (i) ACL--6,879 lb (3,120.2 kg).
(ii) ACT--6,191 lb (2,808.1 kg).
(3) Pelagic fish AM application. At or near the beginning the
fishing year, landings for the stock or stock complex will be evaluated
relative to the ACT for the stock or stock complex based on a moving
multi-year average of landings, as described in the FMP. If NMFS
estimates that landings have exceeded the ACT specified in paragraph
(b) of this section, NMFS in consultation with the Caribbean Fishery
Management Council will determine appropriate corrective action.
(c) Spiny lobster. (1) ACL--209,210 lb (94,896 kg), round weight.
(2) At or near the beginning the fishing year, landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACL specified in paragraph (c)(1) of this section, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the fishing season for spiny lobster within that
fishing year by the amount necessary to prevent landings from exceeding
the ACL, unless NMFS determines that a fishing season reduction is not
necessary based on the best scientific information available. If NMFS
determines the ACL was exceeded because data collection or monitoring
improved rather than because landings increased, NMFS will not reduce
the length of the fishing season. Any fishing season reduction required
under this paragraph (c)(2) will be applied starting from September 30
and moving earlier toward the beginning of the fishing year. If the
length of the required fishing season reduction exceeds the time period
of January 1 through September 30, any additional fishing season
reduction will be applied starting from October 1 and moving later
toward the end of the fishing year.
(d)-(e) [Reserved]
(f) Closure provisions for reef fish and spiny lobster. The
following restrictions apply during a fishing season closure for reef
fish or spiny lobster in the EEZ around St. Thomas and St. John. During
the closure period announced in the notification filed pursuant to
paragraph (a)(2) or (c)(2) of this section, such stock or stock complex
in or from the EEZ around St. Thomas and St. John may not be harvested,
possessed, purchased, or sold, and the bag and possession limits for
such stock or stock complex are zero.
Sec. 622.516 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. A fish not in compliance with its size limit in or
from the EEZ around St. Thomas and St. John may not be possessed, sold,
or purchased, and must be released immediately with a minimum of harm.
The operator of a vessel that fishes in the EEZ around St. Thomas and
St. John is responsible for ensuring that all species on board are in
compliance with the size limits specified in this section. See Sec.
622.10 regarding requirements for landing fish intact. See Sec.
622.520(c)(2) regarding requirements for landing spiny lobster intact.
(a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
Sec. 622.517 [Reserved]
Sec. 622.518 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from
the EEZ around St. Thomas and St. John may not be sold or purchased and
used in the marine aquarium trade.
(b) [Reserved]
(c) Coral. (1) No person may sell or purchase a coral harvested in
the EEZ around St. Thomas and St. John.
(2) A coral that is sold in St. Thomas or St. John will be presumed
to have been harvested in the EEZ around St. Thomas and St. John,
unless it is accompanied by documentation showing that it was harvested
elsewhere. Such documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual harvesting the coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting
that, to the best of his or her knowledge, information, and belief,
such coral was harvested from other than in the EEZ around St. Thomas
and St. John, or the waters of Puerto Rico or the U.S. Virgin Islands.
Sec. 622.519 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and
possession
[[Page 30763]]
limits. However, Sec. 622.11(a) notwithstanding, the bag limits of
this section do not apply to a person who has a valid commercial
fishing license issued by Puerto Rico or the U.S. Virgin Islands.
(a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5
per person per day or, if 3 or more persons are aboard, 15 per vessel
per day; but not to exceed 2 parrotfish per person per day or 6
parrotfish per vessel per day.
(2) Angelfishes, grunts, jacks, porgies, surgeonfishes,
triggerfishes, and wrasses combined--5 per person per day or, if 3 or
more persons are aboard, 15 per vessel per day, but not to exceed 1
surgeonfish per person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
Sec. 622.520 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny
lobster. Egg-bearing spiny lobster in the EEZ around St. Thomas and St.
John must be returned to the water unharmed. An egg-bearing spiny
lobster may be retained in a spiny lobster trap, provided the trap is
returned immediately to the water. An egg-bearing spiny lobster may not
be stripped, scraped, shaved, clipped, or in any other manner molested,
in order to remove the eggs.
(2) Landing spiny lobster intact. (i) A spiny lobster in or from
the EEZ around St. Thomas and St. John must be maintained with head and
carapace intact through offloading ashore.
(ii) The operator of a vessel that fishes in the EEZ around St.
John and St. Thomas is responsible for ensuring that spiny lobster on
that vessel are maintained intact through offloading ashore, as
specified in this section.
Sec. 622.521 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple
minimum size limits apply to importation of spiny lobster into the
United States--one that applies any place subject to the jurisdiction
of the United States other than Puerto Rico or the U.S. Virgin Islands,
and more restrictive minimum size limits that apply to Puerto Rico, St.
Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce
(170-gram) tail weight into St. Thomas or St. John. For the purposes of
paragraph (a) of this section, a 6-ounce (170-gram) tail weight is
defined as a tail that weighs 5.9-6.4 ounces (167-181 grams). If the
documentation accompanying an imported spiny lobster, including but not
limited to product packaging, customs entry forms, bills of lading,
brokerage forms, or commercial invoices, indicates that the product
does not satisfy the minimum tail-weight, the person importing such
spiny lobster has the burden to prove that such spiny lobster does
satisfy the minimum tail-weight requirement or that such spiny lobster
has a tail length of 6.2 inches (15.75 cm) or greater or that such
spiny lobster has or had a carapace length of 3.5 inches (8.89 cm) or
greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has
the burden to prove that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is
satisfied, such spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See Sec. 622.409 regarding the minimum size limit that applies
to spiny lobster imported into any place subject to the jurisdiction of
the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts S and T of this part for the minimum size limits
that apply to spiny lobster imported into Puerto Rico and St. Croix,
respectively.
(b) Additional spiny lobster import prohibitions--(1) Prohibition
related to tail meat. No person may import into any place subject to
the jurisdiction of the United States spiny lobster tail meat that is
not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person
may import into any place subject to the jurisdiction of the United
States spiny lobster with eggs attached or spiny lobster from which
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods
are the first five pairs of abdominal appendages.
Sec. 622.522 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the EEZ around St. Thomas and St. John, the RA may
establish or modify the following items.
(a) Standard open framework procedures. Re-specify maximum
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), acceptable biological catch (ABC), ACL, ACT,
sustainable yield level, and other related management reference points
and status determination criteria; establish or revise rebuilding
plans; revise AMs; modify reporting or monitoring requirements, and
time or area closures and closure procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking
requirements, maintaining fish in a specific condition, size limits,
commercial trip limits, recreational bag and possession limits, changes
to the length of an established closed season of no more than 1 day,
and gear modifications to address conservation issues including
responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.
Subpart V [Removed]
0
21. Remove subpart V, consisting of Sec. Sec. 622.490 through 622.497.
0
22. Revise appendix A to read as follows:
Appendix A to Part 622--Species Tables
Table 1 to Appendix A to Part 622--Gulf of Mexico Reef Fish
------------------------------------------------------------------------
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Balistidae--Triggerfishes:
Gray triggerfish, Balistes capriscus.
Carangidae--Jacks:
Greater amberjack, Seriola dumerili.
Lesser amberjack, Seriola fasciata.
Almaco jack, Seriola rivoliana.
Banded rudderfish, Seriola zonata.
Labridae--Wrasses:
Hogfish, Lachnolaimus maximus.
Lutjanidae--Snappers:
Queen snapper, Etelis oculatus.
[[Page 30764]]
Mutton snapper, Lutjanus analis.
Blackfin snapper, Lutjanus buccanella.
Red snapper, Lutjanus campechanus.
Cubera snapper, Lutjanus cyanopterus.
Gray (mangrove) snapper, Lutjanus griseus.
Lane snapper, Lutjanus synagris.
Silk snapper, Lutjanus vivanus.
Yellowtail snapper, Ocyurus chrysurus.
Wenchman, Pristipomoides aquilonaris.
Vermilion snapper, Rhomboplites aurorubens.
Malacanthidae--Tilefishes:
Goldface tilefish, Caulolatilus chrysops.
Blueline tilefish, Caulolatilus microps.
Tilefish, Lopholatilus chamaeleonticeps.
Serranidae--Groupers:
Speckled hind, Epinephelus drummondhayi.
Yellowedge grouper, Epinephelus flavolimbatus.
Goliath grouper, Epinephelus itajara.
Red grouper, Epinephelus morio.
Warsaw grouper, Epinephelus nigritus.
Snowy grouper, Epinephelus niveatus.
Black grouper, Mycteroperca bonaci.
Yellowmouth grouper, Mycteroperca interstitialis.
Gag, Mycteroperca microlepis.
Scamp, Mycteroperca phenax.
Yellowfin grouper, Mycteroperca venenosa.
------------------------------------------------------------------------
Table 2 to Appendix A to Part 622--South Atlantic Snapper-Grouper
------------------------------------------------------------------------
-------------------------------------------------------------------------
Balistidae--Triggerfishes:
Gray triggerfish, Balistes capriscus.
Carangidae--Jacks:
Bar jack, Caranx ruber.
Greater amberjack, Seriola dumerili.
Lesser amberjack, Seriola fasciata.
Almaco jack, Seriola rivoliana.
Banded rudderfish, Seriola zonata.
Ephippidae--Spadefishes:
Spadefish, Chaetodipterus faber.
Haemulidae--Grunts:
Margate, Haemulon album.
Tomtate, Haemulon aurolineatum.
Sailor's choice, Haemulon parra.
White grunt, Haemulon plumierii.
Labridae--Wrasses:
Hogfish, Lachnolaimus maximus.
Lutjanidae--Snappers:
Queen snapper, Etelis oculatus.
Mutton snapper, Lutjanus analis.
Blackfin snapper, Lutjanus buccanella.
Red snapper, Lutjanus campechanus.
Cubera snapper, Lutjanus cyanopterus.
Gray snapper, Lutjanus griseus.
Lane snapper, Lutjanus synagris.
Silk snapper, Lutjanus vivanus.
Yellowtail snapper, Ocyurus chrysurus.
Vermilion snapper, Rhomboplites aurorubens.
Malacanthidae--Tilefishes:
Blueline tilefish, Caulolatilus microps.
Golden tilefish, Lopholatilus chamaeleonticeps.
Sand tilefish, Malacanthus plumieri.
Percichthyidae--Temperate basses:
Wreckfish, Polyprion americanus.
Serranidae--Groupers:
Rock hind, Epinephelus adscensionis.
Graysby, Epinephelus cruentatus.
Speckled hind, Epinephelus drummondhayi.
Yellowedge grouper, Epinephelus flavolimbatus.
Coney, Epinephelus fulvus.
Red hind, Epinephelus guttatus.
Goliath grouper, Epinephelus itajara.
Red grouper, Epinephelus morio.
Misty grouper, Epinephelus mystacinus.
Warsaw grouper, Epinephelus nigritus.
Snowy grouper, Epinephelus niveatus.
Nassau grouper, Epinephelus striatus.
Black grouper, Mycteroperca bonaci.
Yellowmouth grouper, Mycteroperca interstitialis.
Gag, Mycteroperca microlepis.
Scamp, Mycteroperca phenax.
Yellowfin grouper, Mycteroperca venenosa.
Serranidae--Sea Basses:
[[Page 30765]]
Black sea bass, Centropristis striata.
Sparidae--Porgies:
Jolthead porgy, Calamus bajonado.
Saucereye porgy, Calamus calamus.
Whitebone porgy, Calamus leucosteus.
Knobbed porgy, Calamus nodosus.
Red porgy, Pagrus pagrus.
Scup, Stenotomus chrysops.
The following species are designated as ecosystem component species:
Cottonwick, Haemulon melanurum.
Bank sea bass, Centropristis ocyurus.
Rock sea bass, Centropristis philadelphica.
Longspine porgy, Stenotomus caprinus.
Ocean triggerfish, Canthidermis sufflamen.
------------------------------------------------------------------------
Table 3 to Appendix A to Part 622--Atlantic Dolphin and Wahoo
------------------------------------------------------------------------
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Dolphin, Coryphaena equiselis or Coryphaena hippurus.
Wahoo, Acanthocybium solandri.
The following species are designated as ecosystem component species:
Bullet mackerel, Auxis rochei.
Frigate mackerel, Auxis thazard.
------------------------------------------------------------------------
0
23. In addition to the previous amendments to this part, remove all
references to ``622.413'' and add, in their place, ``622.419'' in the
following sections:
0
a. 50 CFR 622.55(e);
0
b. 50 CFR 622.382(a)(1)(i)(B);
0
c. 50 CFR 622.400(a)(1)(i);
0
d. 50 CFR 622.402(a)(1), (2), (3), and (c)(1);
0
e. 50 CFR 622.403(b)(3)(i);
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f. 50 CFR 622.404(e) and (f); and
0
g. 50 CFR 622.405(b)(2)(i).
[FR Doc. 2022-09588 Filed 5-18-22; 8:45 am]
BILLING CODE 3510-22-P