[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Proposed Rules]
[Pages 38350-38355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13823]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BD32
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Fishery Management Plans for Puerto Rico, St. Thomas and
St. John, and St. Croix
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
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SUMMARY: The Caribbean Fishery Management Council (Council) has
submitted three fishery management plans (FMPs) for review, approval,
and implementation by NMFS. If approved by the Secretary of Commerce,
the new FMPs (island-based FMPs) would replace the existing U.S.
Caribbean-wide FMPs and transition the management of Federal fisheries
in the U.S. Caribbean exclusive economic zone (EEZ) from a U.S.
Caribbean-wide approach to an island-based approach. By developing
island-based FMPs, NMFS and the Council 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 FMPs must be received by August 25,
2020.
ADDRESSES: You may submit comments on the FMPs, 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 www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0155, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Sarah Stephenson,
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, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the FMPs may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/sustainable-fisheries-caribbean. Each FMP includes an environmental assessment
(EA), regulatory impact review, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez,
NMFS Southeast Regional Office, 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 amendment to NMFS 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 has submitted three FMPs for review, approval, and
implementation by NMFS. The FMPs are the Comprehensive FMP for the
Puerto Rico EEZ (Puerto Rico FMP), the Comprehensive FMP for the St.
Thomas and St. John EEZ (St. Thomas and St. John FMP), and the
Comprehensive FMP for the St. Croix EEZ (St. Croix FMP). If approved,
the island-based FMPs would be implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.
Background
Currently, the Council manages fisheries under its authority under
four U.S. Caribbean-wide FMPs: the FMP for the Reef Fish Fishery of
Puerto Rico and the U.S. Virgin Islands (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) through regulations implemented by NMFS at 50 CFR part 622.
NMFS implemented 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 has
been amended on several occasions. Under these FMPs, the Council and
NMFS manage fisheries across the entire U.S. Caribbean. However, the
Council applies certain management measures separately within Federal
waters of Puerto Rico, St. Thomas and St. John, and St. Croix based on
the availability of island-specific data. For example, the final rule
implementing Amendment 5 to the Reef Fish FMP and Amendment 2 to the
Queen Conch FMP (2010 Caribbean Annual Catch Limit (ACL) Amendment) (76
FR 82404, December 30, 2011) defined the fishery management boundaries
of the U.S. Caribbean EEZ for Puerto Rico, St. Thomas and St. John, and
St. Croix, and established separate, island-specific ACLs and
accountability measures (AM) for species addressed in those FMP
amendments.
[[Page 38351]]
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 (St. Thomas, St. John, and
St. Croix) 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 groups, 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). By developing
island-based FMPs, NMFS and the Council 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 developing FMPs for Puerto Rico, St. Thomas and
St. John, and St. Croix, respectively. The Council's decision was
supported 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 regulations 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 expected and potential impacts of such
a shift in Federal fisheries management in the U.S. Caribbean. Based on
the 2014 EA, the Council decided to develop FMPs for three island
areas, the Puerto Rico FMP, the St. Thomas and St. John FMP, and the
St. Croix FMP, that are noticed here. Each island-based FMP is analyzed
separately in an EA.
If approved, the Puerto Rico FMP, the St. Thomas and St. John FMP,
and the St. Croix FMP, in combination, would replace the existing U.S.
Caribbean-wide FMPs. Each individual FMP would establish management
measures for the EEZ around each island. The U.S. Caribbean EEZ, also
referred to as Federal waters, begins 9 nautical miles (nm) from shore
off Puerto Rico and 3 nm from shore off the USVI, and the EEZ extends
up to 200 nm from shore. Federal waters around Puerto Rico, St. Thomas
and St. John, and St. Croix are defined as the respective island
management areas under the island-based FMPs. Each island-based FMP
would retain most of the current 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. In addition, each island-based FMP
would revise other management measures such as the species included for
Federal management, and ACLs and AMs. Thus, Federal fisheries within
each island management area would be managed by provisions within the
respective island-based FMP and fisheries management would be adapted
to the individual characteristics of Puerto Rico, St. Thomas and St.
John, and St. Croix.
Actions Contained in Each FMP
Each of the FMPs for Puerto Rico, St. Thomas and St. John, and St.
Croix contain an EA that considers whether to make the transition from
U.S. Caribbean-wide management to management at the particular island
management area level. After deciding to make the transition, each EA
considers alternatives for many of the management measures to be
applied at the island management area level. The island-based FMPs
would incorporate fishery management measures presently included in the
current Spiny Lobster, Reef Fish, Queen Conch, and Coral FMPs that are
applicable to the EEZ around each of the island management areas and
would modify the specific management measures as needed. The island-
based FMPs would revise the list of species to be managed and modify
the stock or stock complexes under which those species are managed;
revise status determination criteria (SDC), management reference
points, and AMs; incorporate descriptions of essential fish habitat
(EFH) for species new to Federal management; and update FMP framework
procedures.
Each EA associated with an island-based FMP contains the same set
of management actions, as described below. For each management action,
information applicable to all three island management areas is
described first, followed by island area-specific information where
applicable.
Island-Based Management
For each island management area, the corresponding island-based FMP
would replace the four U.S. Caribbean-wide FMPs currently in place as
they apply to the particular island management area. Management
measures within those U.S. Caribbean-wide FMPs would be reorganized at
the level of each island management area. Each island-based FMP would
include only those management measures applicable to that island
management area. For example, minimum size limits applicable to the
harvest of certain parrotfish species in the St. Croix management area
would only be included in the St. Croix FMP.
Selection of Stocks To Be Managed
The stocks currently managed in the U.S. Caribbean EEZ under the
Reef Fish, Spiny Lobster, Queen Conch, and Coral FMPs are composed of
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 Table 1 to appendix A of
50 CFR part 622). For each island management area, the island-based
FMPs would designate a unique list of species to be managed based on
the specific characteristics of each island management area. The
Council's Scientific and Statistical Committee (SSC) and the District
Advisory Panel from each island management area provided input and
recommendations on the criteria used for the Council to select the
species to be included in each respective FMP. As described in greater
detail in the FMPs, the inclusion or exclusion of species for
management was determined using five sequential principles applied to
species for which landings are available, beginning with those in
greatest need of conservation and management (e.g., overfished,
prohibited harvest, etc.). Among the species considered for management
are those retained from the four U.S. Caribbean-wide FMPs as well as
non-managed species for which the Southeast Fisheries Science Center
(SEFSC) had data indicating that the species had been landed in the
particular island area. For all of these species considered for
management, the Council used a stepwise application of the five
criteria to determine if a species should be included for management in
each island-based FMP. Table 2.2.6 in each island-based FMP lists the
stocks proposed for Federal management.
Puerto Rico Stocks for Management
Following the stepwise species selection process, spiny lobster,
queen conch, 63 species of fish, and all species of corals, sea
urchins, and sea cucumbers that occur within the Puerto Rico management
area are proposed for
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management in the Puerto Rico FMP. Eighteen fish species would be new
to Federal management under the Puerto Rico FMP.
St. Thomas and St. John Stocks for Management
Following the stepwise species selection process, 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 proposed for management in the St. Thomas and
St. John FMP. Three fish species would be new to Federal management
under the St. Thomas and St. John FMP.
St. Croix Stocks for Management
Following the stepwise species selection process, 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 proposed for management in the St. Croix FMP. Two fish species
would be new to Federal management under the St. Croix FMP.
Stock Complex Organization and Selection of Indicator Stocks
After establishing the list of species proposed for management
under each island-based FMP, the Council determined whether those
species would be managed 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 stock complex. This
action would result in a new organization of stocks, and therefore a
new number of stocks and stock complexes would be managed under each
island-based FMP relative to the U.S. Caribbean-wide FMPs. Table 5.13.3
in each island-based FMP lists the proposed stocks complexes and
indicator stocks.
Puerto Rico Stock Organization
Species proposed for management under the Puerto Rico FMP would be
managed as 18 individual stocks and 19 stock complexes and would
include 7 indicator stocks.
St. Thomas and St. John Stock Organization
Species proposed for management under the St. Thomas and St. John
FMP would be managed as 12 individual stocks and 14 stock complexes and
would include 9 indicator stocks.
St. Croix Stock Organization
Species proposed for management under the St. Croix FMP would be
managed as 13 individual stocks and 13 stock complexes and would
include 6 indicator stocks.
Management Reference Points and Status Determination Criteria
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, ACL, as well as stock SDC including
overfished and overfishing thresholds. These reference points and SDC,
and other provisions from which they are derived, such as acceptable
biological catch (ABC), are intended to provide the means to measure
the status and performance of fisheries relative to established goals.
The current SDC and management reference points for stocks managed
under the four U.S. Caribbean-wide FMPs were established by the final
rules for the Caribbean Sustainable Fisheries Act Amendment (70 FR
62073, October 28, 2005), and the ABC control rules included in the
2010 Caribbean ACL Amendment and the final rule implementing 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 rules contained in each island-based FMP would
replace the current ABC control rules included in the 2010 Caribbean
ACL Amendment and 2011 Caribbean ACL Amendment, as applicable. The
island-based FMPs would provide a complete revision of reference points
and SDC for stocks and stock complexes included for management
following a three-step process.
Step 1 adopts and applies a newly devised, 4-tiered, ABC control
rule to specify SDC and ABC recommendations depending on differing
levels of data availability. Beginning with Tier 4 and moving up the
tier levels (lower tier numbers), successful application of each tier
requires an increasing amount of information. Tier 4 is applicable in
situations where an accepted quantitative assessment is not available,
which is the present case for all stocks proposed for management in the
Puerto Rico, St. Thomas and St. John, and St. Croix FMPs. In Tier 4,
the most data-limited of the options, an MSY proxy, maximum fishing
mortality threshold, and MSST are defined with respect to assumptions
about fishing mortality rate and biomass, but cannot be quantified due
to data limitations. In addition, Tier 4 introduces a new reference
point, the sustainable yield level (SYL). The SYL is a level of
landings that can be sustained over the long term. SYL is intended to
be used when quantitative guidance with which to set MSY or an MSY
proxy is not available. The SYL would serve as a proxy for the OFL and
a minimum estimate of MSY where MSY is greater than or equal to SYL,
and thus SYL also is an MSY proxy.
Step 2 establishes a proxy to use when FMSY cannot be
determined, as in Tier 4 of the ABC control rule. For all three island
management areas, the Council established a proxy equal to 30 percent
of the maximum spawning potential of a stock under conditions of no
fishing mortality (F30SPR).
Step 3 applies a reduction factor, reflecting the Council's
estimate of management uncertainty, to the recommended ABC for each
stock or stock complex to specify the ACL for the stock or stock
complex. The OY would be set equal to the ACL for each stock or stock
complex. All reference points are defined in terms of round weight in
pounds.
The tiered approached to the ABC control rule better positions the
Council to take advantage of future improvements in data and analytical
methodologies. Revising the reference points and SDC based on recent
landings data ensures to the greatest extent practicable that an
appropriate period of stable and sustainable landings is identified and
used for setting management reference points and SDC.
Puerto Rico Stock Evaluation
For the Puerto Rico FMP, sector-specific landings data for Council-
managed fish (reef fish, pelagic fish, and rays) were available for the
commercial and recreational fishing sectors operating in EEZ waters
around Puerto Rico. These landings data were used to determine and
establish reference points and SDC for fish stocks and stock complexes
(Step 1 of the three-step process used to revise reference points and
SDCs described above), and set ACLs by sector with available data (Step
3 of the process described above). For spiny lobster, only commercial
landings data are collected as recreational data are not available.
Because sector-specific landings data are not available, reference
points and SDC for spiny lobster derived in Steps 1 and 3 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 (the
corresponding ACL and OY would also equal zero). These included queen
conch, Nassau
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grouper, goliath grouper, blue, midnight, and rainbow parrotfishes,
giant manta ray, spotted eagle ray, southern stingray, sea cucumbers,
sea urchins, and corals. The Council also determined an MSY proxy,
MFMT, and MSST based on the fishing mortality rate in Step 2 of the
three-step process used to revise reference points and SDCs stated
earlier. To determine the ACL for those stocks and stock complexes for
which harvest is not prohibited (i.e., for which the ABC is greater
than zero), the Council proposed an uncertainty buffer of 0.85 for the
angelfish, parrotfish, and surgeonfish stock complexes and an
uncertainty buffer of 0.95 for all remaining stocks and stock
complexes. The ABC for each of those stocks or stock complexes was
multiplied by the buffer to determine the ACL for each stock and stock
complex proposed for management. For fish stocks and stock complexes,
OY would equal the total (commercial and recreational) ACL when data
from both sectors are available. In the event that landings for one
sector are not available for the averaging period, the sector would not
be managed by a separate sector ACL. The ACL for the sector with
available data would be the applicable ACL for the stock or stock
complex. For spiny lobster, the OY would equal the commercial ACL, as
the ACL is based on commercial landings. This ACL applies to all
harvest of spiny lobster, whether commercial or recreational.
St. Thomas and St. John Stock Evaluation
For the St. Thomas and St. John FMP, recreational landings data
were not available, thus management reference points and SDC (e.g.,
SYL, ABC, and ACL) for the stocks and stock complexes proposed for
management were derived using commercial landings in Steps 1 and 3 of
the three-step process used to revise reference points and SDC. 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 (the corresponding ACL
and OY would also equal zero). These included queen conch, Nassau
grouper, goliath grouper, blue, midnight, and rainbow parrotfishes, sea
cucumbers, sea urchins, and corals. The Council also determined an MSY
proxy, MFMT, and MSST based on the fishing mortality rate in Step 2 of
the three-step process used to revise reference points and SDCs. To
determine the ACL for those stocks and stock complexes for which
harvest is not prohibited (i.e., for which the ABC is greater than
zero), in Step 3, the Council proposed an uncertainty buffer of 0.85
for the angelfish, parrotfish, and surgeonfish stock complexes, and an
uncertainty buffer of 0.95 for all remaining stocks and stock
complexes. The ABC for each of those stocks or stock complexes was
multiplied by the buffer to determine the ACL for each stock and stock
complex proposed for management. For all stocks and stock complexes, OY
would equal the ACL.
St. Croix Stock Evaluation
For the St. Croix FMP, recreational landings data were not
available, thus management reference points and SDC (e.g., SYL, ABC,
and ACL) for the stocks and stock complexes proposed for management
were derived using commercial landings in Steps 1 and 3 of the three-
step process used to revise reference points and SDC. The SSC
determined that some species proposed for management under the St.
Croix FMP were more vulnerable to overfishing and recommended that the
ABC be set at zero (the corresponding ACL would also equal zero). These
species would include Nassau grouper, goliath grouper, blue, midnight,
and rainbow parrotfishes, sea cucumbers, sea urchins, and corals. The
SSC also recommended an ABC of 50,000 lb (22,680 kg) for queen conch in
the St. Croix EEZ. The Council also determined an MSY proxy, MFMT, and
MSST based on the fishing mortality rate in Step 2 of the three-step
process used to revise reference points and SDCs. To determine the ACL
for each stock and stock complex proposed for management for the stocks
and stock complexes in which the ABCs were not equal to zero, in Step
3, the Council proposed an uncertainty buffer of 0.85 for the
angelfish, parrotfish, and surgeonfish stock complexes, an uncertainty
buffer of 0.95 for spiny lobster and all other fish stocks and stock
complexes, and no uncertainty buffer for queen conch, as management
uncertainty was accounted for when setting the ABC, thus no additional
reduction from the ABC to the ACL was necessary or appropriate. The ABC
for each of those stocks or stock complexes was multiplied by the
buffer to determine the ACL for each stock and stock complex proposed
for management. For all stocks and stock complexes, OY would equal the
ACL.
Accountability Measures
Under the current AMs, reef fish and spiny lobster landings data
for each island management area are evaluated relative to the
applicable ACL based on a moving multi-year average of landings, using
the most recent, complete three years of landings data available. For
reef fish species or species groups in the EEZ around Puerto Rico, ACLs
are specific by sector and NMFS applies AMs on a sector-specific basis
to the sector that exceeded its ACL if both the sector-specific ACL and
total ACL (commercial and recreational) is exceeded. For reef fish
species or species groups in the EEZ around the USVI and for spiny
lobster in all management areas, if NMFS determines that the applicable
ACL for a particular stock or stock complex was exceeded because of
enhanced data collection and monitoring efforts instead of an increase
in catch, NMFS will not reduce the length of the applicable fishing
season the following fishing year. For reef fish species or species
groups in the EEZ around Puerto Rico, if either the sector ACL or the
total ACL is exceeded because of enhanced data collection and
monitoring efforts instead of an increase in catch, NMFS will not
reduce the length of the applicable sector fishing season the following
fishing year. However, if landings exceed the applicable ACL for a
species or species group and this exception does not apply, NMFS will
reduce the length of the fishing season by the amount necessary to
ensure that landings do not exceed the applicable ACL in the following
fishing year for that species or species group. Additionally, any
fishing season reduction is applied starting from September 30 and
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 in the same fishing year from October 1 and later toward the
end of the fishing year.
For most stocks and stock complexes in each island-based FMP, the
AMs proposed would be triggered if landings of a stock or stock complex
exceed the respective ACL. The proposed AMs were selected to ensure
that, if an ACL for a particular stock or stock complex is exceeded, it
will not be exceeded in the year following the ACL overage
determination, or for pelagic stocks, that landings can be controlled
at or below the ACL.
For each reef fish stock and stock complex where harvest is
allowed, and for spiny lobster in the respective island management
areas, each island-based FMP proposes to specify an AM that would be
triggered if the ACL for the stock or stock complex has been exceeded
based on a moving multi-year average of landings as described in the
FMP. If the ACL is exceeded, the length
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of the fishing season for the affected stock or stock complex in the
fishing year following an ACL overage determination would be reduced by
the amount needed to prevent such an overage from occurring again. If
the NMFS SEFSC determines that the overage occurred because of improved
data collection and monitoring rather than because catches actually
increased, then the AMs would not be applied. Additionally, the
Regional Administrator in consultation with the Council may deviate
from the specific time sequences of landings based on data
availability. Any fishing season reduction would be applied from
September 30 and 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 would be applied from October 1 forward, toward the end of
the fishing year.
For the pelagic stocks and stock complexes, all of which would be
new to Federal management within each island-based FMP, an annual catch
target (ACT) would be specified as a percentage of the ACL (ACT equals
90 percent of ACL) that would serve as the AM trigger. An AM would be
triggered if the landings for a stock or stock complex exceed its ACT
based on a moving multi-year average of landings as described in the
FMP. The Regional Administrator in consultation with the Council may
deviate from the specific time sequences of landings based on data
availability. If an AM was triggered, the Council in consultation with
the SEFSC would determine whether corrective action is needed.
For stocks with harvest prohibitions in each island management
area, those prohibitions would serve as the AMs. No additional or
unique AMs are proposed for St. Thomas and St. John.
Puerto Rico Stock AMs
For reef fish stocks and stock complexes in the Puerto Rico
management area, the default process discussed for AMs above would be
modified by the Puerto Rico FMP to reflect sector-specific management.
Where sector-specific ACLs were determined, landings would be evaluated
relative to the applicable commercial or recreational ACL, depending on
data availability. An AM would be triggered if a sector's landings
exceeded the respective sector ACL and the total landings (commercial
plus recreational) exceeded the total ACL (commercial plus
recreational) for a specific stock or stock complex. The AM would be
applied only for the particular sector that exceeded its ACL. NMFS
would not apply an AM if the NMFS SEFSC determines that either ACL
overage (sector-specific or total ACL) occurred because data collection
or monitoring improved rather than because catch increased. However, as
described above, if landings for one sector are not available for the
averaging period, then that sector would not be managed by a separate
sector ACL. The ACL for the sector with available data would be the ACL
for that stock or stock complex and would apply to the application of
AMs. Landings would be evaluated relative to the ACL. The AM would
operate to reduce the length of the fishing season for all sectors by
the amount necessary to ensure to the greatest practicable extent that
landings do not again exceed the ACL in the year of application. For
spiny lobster, only commercial harvest data are collected as
recreational landings are not available. However, the ACL and AM for
spiny lobster would apply to commercial and recreational harvest. For
all stock and stock complexes, any fishing season reduction resulting
from an AM application would be applied during the fishing year after
the overage is detected in the same manner as stated earlier, i.e.,
from September 30 and earlier in the fishing year.
St. Croix Stock AMs
For St. Croix, the general process described above applies, with
modifications for queen conch. The St. Croix FMP would continue to
allow queen conch harvest from the EEZ east of 64[deg]34' W longitude
during the open fishing season. The rest of the U.S. Caribbean EEZ
would continue to be closed to the harvest of queen conch. The proposed
AM for queen conch would be applied if, based on in-season monitoring,
NMFS determines its ACL is reached or is projected to be reached prior
to the end of the fishing season. If the AM is applied, the Regional
Administrator would close the St. Croix management area to the harvest
and possession of queen conch. During any such closure, no person would
be allowed to fish for or possess a Caribbean queen conch in or from
Federal waters.
Essential Fish Habitat
The EFH designations for species and species groups that are
currently managed under the U.S. Caribbean-wide FMPs and are proposed
for management under the Puerto Rico FMP, St. Thomas and St. John FMP,
and St. Croix FMP would remain as currently described in the
Sustainable Fisheries Act Amendment (70 FR 62073, October 28, 2005).
For species new to Federal management, each island-based FMP proposes
to describe and identify EFH according to functional relationships
between life history stages of the species and marine and estuarine
habitats, based on best scientific information available from the
literature, landings data, fishery-independent surveys, and expert
opinion.
Framework Procedures
The current framework procedures for the Reef Fish, Spiny Lobster,
Queen Conch, and Coral FMPs provide the Council and NMFS the
flexibility to more expeditiously adjust management options to respond
to changing fishery conditions or new scientific information. Each
island-based FMP proposes to update the framework procedures to expand
or modify the range of existing management measures that can be
implemented by the Council without going through a full FMP amendment
process. The proposed framework procedures for each island-based FMP
are identical and future proposed actions could be implemented either
by an open abbreviated framework, an open standard framework, or
through a closed framework procedure. Some of the management measures
proposed to be adjusted through framework procedures include re-
specification of management reference points and SDCs, and modification
of seasonal, year-round, or area closures, commercial trip limits,
recreational bag and possession limits, size limits, and fishing gear
modifications.
Proposed Rule for the Island-based FMPs
A proposed rule that would implement the island-based FMPs is being
drafted. In accordance with the Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to determine whether it is consistent with
the Magnuson-Stevens Act and other applicable laws. 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 the Puerto Rico FMP, St. Thomas and St.
John FMP, and St. Croix FMP for Secretarial review, approval, and
implementation. Comments on any of the FMPs must be received by August
25, 2020. Comments received during the respective comment periods,
whether specifically directed to any or all of the FMPs or to the
proposed rule, will be considered by
[[Page 38355]]
NMFS in the decision to approve, disapprove, or partially approve the
island-based FMPs. Comments received after the comment period will not
be considered by NMFS in this decision. All comments received by NMFS
on an island-based FMP or the proposed rule during the comment period
will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-13823 Filed 6-25-20; 8:45 am]
BILLING CODE 3510-22-P