National Marine Fisheries Service

05/19/2022 | Press release | Distributed by Public on 05/19/2022 08:30

Request for Comments: Proposed Rule to Implement the Puerto Rico, St. Thomas and St. John, and St. Croix Fishery Management Plans

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Key Message:

NOAA Fisheries requests your comments on a proposed rule to implement three new island-based fishery management plans that would replace the four existing U.S. Caribbean-wide fishery management plans (Reef Fish, Spiny Lobster, Corals and Reef Associated Plants and Invertebrates, and Queen Conch). This action would transition the management of fishery resources in federal waters in the U.S. Caribbean from a U.S. Caribbean-wide approach to an island-based approach.

Comments are due by June 21, 2022

Summary of Proposed Changes:

The island-based fishery management plans retain most of the management measures established under the U.S. Caribbean-wide fishery management plans that apply to the respective island management areas, including seasonal and area closures, minimum size limits, and recreational bag limits. In addition, the island-based fishery management plans revise certain management measures, such as the species included for federal management, to adapt to the individual characteristics of Puerto Rico, St. Thomas and St. John, and St. Croix. The proposed rule would reorganize the current regulations into three separate island-specific subparts, retaining management measures applicable to the specific management areas, and implement other management measures from the approved island-based fishery management plans.

For each fishery management plan, the proposed rule would:

  • Specify the stocks and stock complexes under management.
  • Specify annual catch limits for the stocks and stock complexes.
  • Specify annual catch targets for pelagic stocks or stock complexes.
  • Specify accountability measures.
  • Specify framework procedures that the Caribbean Fishery Management Council can use to adjust reference points and management measures without going through a full fishery management plan amendment process.

How to Comment on the Proposed Rule:

The comment period is open now through June 21, 2022. You may submit comments by electronic submission (described below) or by postal mail. Comments received after the end of the comment period may not be considered by NOAA Fisheries.

FORMAL FEDERALREGISTER NAME/NUMBER:87 FR 30730, published May 19, 2022Electronic Submissions:Submit all electronic public comments via the Federal e-Rulemaking Portal.

1. Go to https://www.regulations.govand enter "NOAA-NMFS-2019-0155" in the search box.

2. Click on the "Comment Now!" icon, complete the required fields.

3. Enter or attach your comments.

Mail:Submit written comments to María del Mar López-Mercer, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

Frequently Asked Questions (FAQs)

What is NOAA Fisheries announcing today?

  • NOAA Fisheries is announcing a public comment period for a proposed rule to implement the Puerto Rico, St. Thomas and St. John, and St. Croix Fishery Management Plans (island-based fishery management plans).
  • The comment period is open from May 19, 2022, through June 21, 2022.

Why are the island-based fishery management plans being implemented?

  • The Caribbean Fishery Management Council currently manages fisheries under its authority in federal waters off Puerto Rico and the U.S. Virgin Islands under four U.S. Caribbean-wide fishery management plans (Reef Fish, Spiny Lobster, Corals and Reef Associated Plants and Invertebrates, Queen Conch) and through regulations implemented by NOAA Fisheries.
  • The Caribbean Fishery Management Council prepared three new island-based fishery management plans to replace the four existing U.S. Caribbean-wide plans and transition the management of federal fisheries in the U.S. Caribbean federal waters from a U.S. Caribbean-wide approach to an island-based approach.
  • NOAA Fisheries and the Caribbean Fishery Management Council expect the island-based approach to management to better account for the existing differences among the U.S. Caribbean islands with respect to culture, markets, fishing gear used, seafood preferences, and ecological impacts.
  • The U.S. Secretary of Commerce approved the Puerto Rico, St. Thomas and St. John, and the St. Croix fishery management plans pursuant to section 304(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act on September 22, 2020.

What are the proposed actions in the proposed rule?

The proposed rule would restructure the regulations at 50 CFR part 622 from four subparts corresponding to the U.S. Caribbean-wide fishery management plans (Reef Fish, Spiny Lobster, Corals and Reef Associated Plants and Invertebrates, and Queen Conch) to three subparts corresponding to the island-based FMPs (Puerto Rico, St. Croix, and St. Thomas and St. John). The rule would incorporate measures established under the U.S. Caribbean-wide fishery management plans into the island-specific subparts, as appropriate. In addition, this proposed rule would implement other management measures in the approved island-based fishery management plans, as described below.

The proposed rule would:

  • Specify the stocks and stock complexes under management in each island management area.
  • Specify annual catch limits for managed stocks and stock complexes.
  • Specify annual catch targets for managed pelagic stocks and stock complexes.
  • Specify accountability measures.
  • Specify framework procedures the Caribbean Fishery Management Council can use to adjust reference points and management measures without going through a full fishery management plan amendment process.

Are there any other changes in the proposed rule that are not included in the island-based fishery management plans?

Yes. The proposed rule would make additional changes to implement the island-based FMPs:

  • Revise the definition of a fish trap in the U.S. Caribbean exclusive economic zone consistent with the island-based fishery management plans and would clarify the vessel marking requirements for vessels fishing with traps for reef fish or spiny lobster in the exclusive economic zone around Puerto Rico, St. Thomas and St. John, and St. Croix.
  • Revise the prohibited gear for corals to reflect that all corals in the exclusive economic zone cannot be harvested or possessed.
  • Revise the description of spiny lobster import restrictions to reflect the transition to island-based management.
  • Clarifythatthe year-round prohibition on fishing for and possessing queen conch off Puerto Rico and St. Thomas and St. John as well as the seasonal prohibition off St. Croix applies to all possession of queen conch, not just "possess[ion] on board a fishing vessel," as stated in the current regulations.
  • Similarly clarifythatthe seasonal prohibition on fishing for and possessing queen conch off St. Croix applies to all possession of queen conch, not just "possess[ion] on board a fishing vessel," as stated in the current regulations. Language would also be included in the accountability measure for queen conch in St. Croix to clarify that during any accountability measure-based closure for queen conch in the open area, all possession is prohibited.
  • Update provisions about landing fish intact to clarify the requirements for highly migratory species and would remove unnecessary language regarding derelict traps applicable to Florida from the regulatory provisions currently codified at 50 CFR 622.450(c).

The proposed rule also includes additional changes to the codified text in 50 CFR parts 600 and 622 to reflect the transition to island-based management.

What are the next steps?

  • The public comment period for the proposed rule is open from May 19, 2022, through June 21, 2022.
  • NOAA Fisheries will address comments received in the final rule.
  • NOAA Fisheries will issue a Fishery Bulletin alerting constituents to any regulatory changes being implemented and advising of a 30-day cooling off period providing time to prepare for the new regulations.

Where can I find more information on the island-based fishery management plans?

  • By Mail:

María del Mar López-Mercer

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

  • By FAX:(727) 824-5308
  • By Phone:(727) 824-5305

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