[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Proposed Rules]
[Pages 20453-20456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07008]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BL56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and 
St. John; Amendments 1

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Announcement of availability of fishery management plan 
amendments; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Caribbean Fishery Management Council (Council) has 
submitted Amendment 1 to the Puerto

[[Page 20454]]

Rico Fishery Management Plan (FMP), Amendment 1 to the St. Croix FMP, 
and Amendment 1 to the St. Thomas and St. John FMP (jointly Amendments 
1) for review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendments 1 would modify the authorized gear 
types to prohibit the use of buoy gear by the recreational sector in 
U.S. Caribbean Federal waters and modify the regulatory definition of 
buoy gear to increase the maximum number of hooks from 10 to 25 in U.S. 
Caribbean Federal waters for fisheries where buoy gear is authorized. 
The purpose of Amendments 1 is to allow commercial fishermen targeting 
deep-water fish, including snappers and groupers, in the U.S. Caribbean 
Federal waters to use buoy gear with up to 25 hooks, while protecting 
deep-water reef fish resources and habitats and minimizing user 
conflicts.

DATES: Written comments on Amendments 1 must be received on or before 
June 5, 2023.

ADDRESSES: You may submit comments on Amendments 1 identified by 
``NOAA-NMFS-2023-0032'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0032'', in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Maria Lopez-Mercer, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Amendments 1, which includes a fishery impact 
statement and a regulatory impact review, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/generic-amendment-1-island-based-fishery-management-plans-modification-buoy-gear-definition.

FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, telephone: 727-
824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or FMP amendment to the 
Secretary of Commerce for review and approval, partial approval, or 
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP or amendment, publish an announcement in the Federal 
Register notifying the public that the FMP or amendment is available 
for review and comment.
    The Council prepared the Puerto Rico FMP, St. Croix FMP, and St. 
Thomas and St. John FMP (collectively the island-based FMPs) that are 
being revised by Amendments 1. If approved, Amendments 1 would be 
implemented by NMFS through regulations at 50 CFR part 600 and 50 CFR 
part 622 under the authority of the Magnuson-Stevens Act.

Background

    The Council manages reef fish and pelagic stocks and stock 
complexes in the U.S. Caribbean Exclusive Economic Zone (EEZ) under the 
island-based FMPs. The Magnuson-Stevens Act requires NMFS and regional 
fishery management councils to prevent overfishing and to achieve, on a 
continuing basis, the optimum yield from federally managed fish stocks 
to ensure that fishery resources are managed for the greatest overall 
benefit to the Nation, particularly with respect to providing food 
production and recreational opportunities, and protecting marine 
ecosystems. The Magnuson-Stevens Act also authorizes the Council and 
NMFS to regulate fishing activity to support the conservation and 
management of fisheries, which may include regulations that pertain to 
fishing for non-managed species.
    On September 22, 2020, the Secretary of Commerce approved the 
island-based FMPs under section 304(a)(3) of the Magnuson-Stevens Act. 
For Puerto Rico and the U.S. Virgin Islands (USVI), the Council and 
NMFS manage fisheries under the island-based FMPs. NMFS published the 
final rule to implement the island-based FMPs on September 13, 2022 (87 
FR 56204). The island-based FMPs contain management measures applicable 
for Federal waters off each respective island group. Among other 
measures, for reef fish and pelagic species managed in each island 
management area, these include allowable fishing gear and methods for 
harvest. Federal waters around Puerto Rico extend seaward from 9 
nautical miles (nmi; 16.7 km) from shore to the offshore boundary of 
the EEZ. Federal waters around St. Croix, and St. Thomas and St. John 
extend seaward from 3 nmi (5.6 km) from shore to the offshore boundary 
of the EEZ. Federal regulations at 50 CFR 600.725(v)(V) describe the 
authorized fishing gear for each of the Council-managed fisheries and 
non-managed fisheries in each island management area.
    In the U.S. Caribbean, small-scale commercial fishermen harvesting 
deep-water reef fish, particularly snappers (e.g., queen and cardinal 
snappers) and groupers, typically use a specific type of hook-and-line 
gear. This hook-and-line gear is known locally as vertical bottom line 
or ``cala'' in Puerto Rico and as vertical setline or deep-drop gear in 
the USVI. Fishing gear configurations and methods used by commercial 
fisherman to harvest these deep-water snappers and groupers, which 
includes buoy gear, varies in terms of vessel fishing equipment and 
materials used, hook type, size and number, number of lines used, types 
of bait, soaking time, and fishing grounds. Vertical bottom line 
fishing gear and deep-drop fishing gear can be either attached to the 
vessel while deployed and retrieved with an electrical reel or 
unattached to the vessel when rigged and deployed as buoy gear and 
retrieved with an electrical reel. Buoy gear, known as ``cala con 
boya'' in Puerto Rico and deep-drop buoy gear in the USVI, is typically 
used to harvest deep-water snappers and groupers in waters up to 1,500 
ft (457 m), by commercial fishermen in Puerto Rico and to a lesser 
extent in the USVI.
    Buoy gear is defined in 50 CFR 622.2 as fishing gear that fishes 
vertically in the water column that consists of a single drop line 
suspended from a float, from which no more than 10 hooks can be 
connected between the buoy and the terminal end, and the terminal end 
contains a weight that is no more than 10 lb (4.5 kg). This current 
definition of buoy gear applies in Federal waters of the Gulf of 
Mexico, South Atlantic, and U.S. Caribbean. In addition, buoy gear is 
listed as an authorized hook-and-line gear type in 50 CFR 600.725(v)(V) 
for those fishing commercially and recreationally for species that are 
not managed by the Council (i.e., non-FMP species) in Federal waters 
around Puerto Rico, St. Croix, and St. Thomas and St. John and for 
those fishing

[[Page 20455]]

commercially for managed reef fish and managed pelagic species in 
Federal waters around Puerto Rico, St. Croix, and St. Thomas and St. 
John. As described in Amendments 1, although buoy gear is currently 
listed as an authorized gear for recreational fishing of species that 
are not managed under the island-based FMPs, there is no evidence that 
the recreational sector operating in U.S. Caribbean Federal waters uses 
or has used buoy gear. Use of buoy gear by the recreational sector is 
unlikely because it is a very specialized commercial gear type that is 
expensive and difficult to use by anyone other than a professional 
commercial fisherman.
    In December 2021, commercial fishermen fishing for deep-water 
snapper and grouper in Puerto Rico and the USVI have commented to the 
Council that they would like to increase the maximum number of hooks 
that are allowed while using buoy gear to reflect how the gear is 
currently used in state waters in both Puerto Rico and the USVI. Under 
the current definition of buoy gear that applies in Federal waters of 
the Gulf of Mexico, South Atlantic, and U.S. Caribbean, no more than 10 
hooks may be connected between the buoy and the terminal end. Puerto 
Rico and USVI territorial regulations, on the other hand, do not limit 
the number of hooks allowed on deep-water reef fish buoy gear.
    In Amendments 1, the Council decided to limit the use of buoy gear 
in U.S. Caribbean Federal waters to those fishing commercially and to 
prohibit the use of buoy gear by those fishing recreationally. By 
prohibiting the use of buoy gear by the recreational sector in U.S. 
Caribbean Federal waters, the Council sought to eliminate (1) potential 
future conflicts between commercial and recreational user groups at the 
subject fishing grounds, (2) additional ecological, biological, and 
physical effects that might result from recreational fishing for deep-
water snapper and grouper, including risks to managed species that may 
result from misuse of buoy gear and bycatch of managed species by the 
recreational sector, and (3) any safety concerns potentially associated 
with the recreational use of buoy gear at the deep-water reef fish 
fishing grounds. In Amendments 1, the Council also decided to modify 
the definition of buoy gear to allow commercial fishermen in U.S. 
Caribbean Federal waters to use a maximum of 25 hooks with buoy gear to 
reflect how the gear is commonly used by commercial fishermen in state 
waters in Puerto Rico and the USVI.

Actions Contained in Amendments 1

    Amendments 1 would prohibit the use of buoy gear by the 
recreational sector in the U.S. Caribbean and would modify the buoy 
gear definition to increase the maximum number of allowable hooks used 
by the commercial sector in the U.S. Caribbean.

Recreational Buoy Gear Prohibition

    Buoy gear is currently an authorized gear type for those fishing 
recreationally for species that are not managed by the Council (i.e., 
non-FMP species) in Federal waters around Puerto Rico, St. Croix, and 
St. Thomas and St. John. As described in Amendments 1, although the use 
of buoy gear by the recreational sector currently appears unlikely, the 
Council took a precautionary approach to prevent any future use of buoy 
gear by the recreational sector to fish for any species (i.e., managed 
and non-managed species) in Federal waters around Puerto Rico, St. 
Croix, and St. Thomas and St. John. NMFS notes that with respect to 
non-managed species, the Magnuson-Stevens Act gives the Council and 
NMFS the authority to regulate fishing activity to support the 
conservation and management of fisheries. This can include regulations 
that pertain to fishing for non-managed species.
    By limiting the use of buoy gear to the commercial sector, the 
Council seeks to prevent any potential future conflicts between 
commercial and recreational user groups resulting from the use of buoy 
gear. These potential conflicts could include competition for fishing 
grounds. The Council also seeks to eliminate any additional ecological, 
biological and physical effects that might occur through additional 
recreational fishing-related pressure at those grounds and to those 
resources. Specifically, the Council was concerned about overfishing 
the deep-water snapper and grouper resources, risks to managed species 
resulting from the misuse of the buoy gear, and increased bycatch of 
managed species that might result through the recreational use of buoy 
gear. Finally, the Council seeks to eliminate any safety concerns 
potentially associated with the presence of an emerging recreational 
fleet at the deep-water reef fish fishing grounds that could occur 
because of the specialized characteristics of the buoy gear operations.

Revision of Buoy Gear Definition

    The current buoy gear definition, which applies in Federal waters 
of the Gulf of Mexico, South Atlantic, and U.S. Caribbean, specifies, 
among other measures, that this gear type may have no more than 10 
hooks connected between the buoy and the terminal end.
    In Amendments 1, the Council seeks to change the buoy gear 
definition to increase the maximum number of hooks allowed between the 
buoy and the terminal end from 10 to 25 hooks in the EEZ around Puerto 
Rico, St. Croix, and St. Thomas and St. John. This change in the buoy 
gear definition would apply only where buoy gear is authorized in the 
U.S. Caribbean EEZ, and would apply only to the commercial sector as a 
result of Action 1 in Amendments 1. NMFS notes that this change would 
apply to the commercial harvest of both Council-managed fisheries and 
non-managed fisheries. The increased number of authorized buoy gear 
hooks would allow commercial fishermen fishing in Federal waters off 
Puerto Rico, St. Croix, and St. Thomas and St. John to legally use the 
same gear configuration that is commonly used by some commercial 
fisherman in state waters.
    This action to revise the buoy gear definition in the U.S. 
Caribbean would also avoid enforcement complications for commercial 
fishermen harvesting multiple species on a trip because it would allow 
the use of the buoy gear with up to 25 hooks to harvest managed and 
non-managed deep-water fish. The change to the buoy gear definition 
would not change any other part of the buoy gear definition such as 
weight, construction materials for the drop line, and length of the 
drop line. Additionally, the current buoy gear definition, as it 
applies to the Gulf of Mexico and South Atlantic, would not change as a 
result of Amendments 1.

Proposed Rule for Amendments 1

    A proposed rule to implement Amendments 1 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMPs, the 
Magnuson-Stevens Act, and other applicable law. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendments 1 for Secretarial review, 
approval, and implementation. Comments on Amendments 1 must be received 
by June 5, 2023. Comments received during the respective comment 
periods, whether specifically directed to Amendments 1 or the proposed 
rule will be considered by NMFS in the decision to approve, disapprove, 
or

[[Page 20456]]

partially approve Amendments 1. Comments received after the comment 
periods will not be considered by NMFS in this decision. All comments 
received by NMFS on the amendments or the proposed rule during their 
respective comment periods will be addressed in the final rule.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07008 Filed 4-5-23; 4:15 pm]
BILLING CODE 3510-22-P