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

Published date26 June 2020
Citation85 FR 38350
Record Number2020-13823
SectionProposed rules
CourtNational Oceanic And Atmospheric Administration
38350
Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Proposed Rules
(30) Proceed northwesterly along the
4-wheel drive road to its intersection
with the southern terminus of an
unnamed road known locally as Carlisle
Drive; then
(31) Proceed southwesterly in a
straight line to an unmarked 4,680-foot
summit; then
(32) Proceed north in a straight line to
the 3,640-foot elevation contour; then
(33) Proceed west in a straight line to
the 3,600-foot elevation contour; then
(34) Proceed west, then northwesterly
along the 3,600-foot elevation contour to
its intersection with an unnamed
intermittent stream northwest of Jack
Springs Road; then
(35) Proceed northeast in a straight
line, crossing onto the Bear Mountain
map, and continuing to the intersection
of the 4,800-foot elevation contour and
an unnamed intermittent creek west of
Rockspring Court; then
(36) Proceed north along the 4,800-
foot elevation to a point due west of the
intersection of the 4,800-foot point and
an unnamed road known locally as
Skyline Drive; then
(37) Proceed east in a straight line to
the beginning point.
Signed: March 16, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: June 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–13138 Filed 6–25–20; 8:45 am]
BILLING CODE 4810–31–P
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.
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
:
Marı
´a del Mar Lo
´pez, NMFS Southeast
Regional Office, telephone: 727–824–
5305, or email: maria.lopez@noaa.gov.
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.
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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 F
MSY
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 (F
30%SPR
).
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°34W 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
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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
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