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NOAA Fisheries Announces Final Rule to Implement the Puerto Rico, St. Thomas and St. John, and St. Croix Fishery Management Plans

September 13, 2022

FB22-058: Caribbean Fishery Bulletin. For more information, contact: María del Mar López-Mercer, 727-824-5305, maria.lopez@noaa.gov

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Key Message:

  • NOAA Fisheries announces a final rule to implement management measures in the Puerto Rico, St. Thomas and St. John, and St. Croix Fishery Management Plans, collectively the island-based fishery management plans.
  • The final rule replaces regulations implementing the U.S. Caribbean region-wide fishery management plans (Reef Fish, Spiny Lobster, Corals and Reef Associated Plants and Invertebrates, Queen Conch) with regulations implementing the approved island-based fishery management plans.

 

When Rule Will Take Effect:

Regulations become effective on October 13, 2022.

 

What This Means:

Through this rulemaking, the management measures contained in the Puerto Rico Fishery Management Plan, the St. Thomas and St. John Fishery Management Plan, and the St. Croix Fishery Management Plan, in combination, would replace management measures in the previous U.S. Caribbean-wide fishery management plans.  Each of 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 area, such as seasonal and area closures, minimum size limits, and recreational bag limits.  The final rule would revise other management measures to align with the approved island-based fishery management plans, as described below. 

The rule will:

  • Specify which species to manage under each island-based fishery management plan and if they are managed individually (stocks) or in a group (stock complexes).
  • 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 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.


Formal Federal Register Name/Number:  87 FR 56204, published September 13, 2022


Frequently Asked Questions (FAQs)

Why is management of fishery resources in federal waters off Puerto Rico, St. Thomas and St. John, and St. Croix being transitioned from a U.S. Caribbean-wide approach to an island-based approach?

The purpose of the island-based fishery management plans and this final rule to implement them is to update management of federal fisheries in the U.S. Caribbean. NOAA Fisheries and the Caribbean Fishery Management Council expect the island-based approach to fisheries 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. 

When were the island-based fishery management plans that this rule implements approved?

The notice of availability of the island based fishery management plans published on June 26, 2020, and the comment period ended on August 25, 2020.  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.  The proposed rule published on May19, 2022, and the comment period ended on June 21, 2022. 

What are the final actions in the final rule?

Each of 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 area, including seasonal and area closures, minimum size limits, and recreational bag limits.  The island-based fishery management plans revise certain management measures, such as the species included for Federal management, and annual catch limits and accountability measures.  This final rule establishes regulations specifically applicable to each island management area under three separate subparts to 50 CFR part 622, and fisheries management will be adapted to the individual characteristics of Puerto Rico, St. Thomas and St. John, and St. Croix.

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

Yes.  The final rule would make additional changes to implement the island-based fishery management plans, as described below.

  • Revise the definition of a fish trap in the U.S. Caribbean exclusive economic zone consistent with the island-based fishery management plans and 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. 
  • Clarify that the 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 final rule also includes additional changes to the codified text in 50 CFR parts 600 and 622 to reflect the transition to island-based management. 

 

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

  • Contact NOAA Fisheries, Southeast Regional Office

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


Sign Up For Text Message Alerts - Find Out About Immediate Openings And Closures

NOAA's Text Message Alert Program allows you to receive important fishery related alerts via text message.  Standard message and data rates may apply.  You may opt-out at any time.

Text alerts you may receive include:

  • Immediate fishery openings and closures
  • Any significant changes to fishing regulations that happen quickly

Sign up for one or more of the following groups:

  • Gulf of Mexico Recreational Fisheries Related Alerts
    • Text GULFRECFISH to 888777
  • Gulf of Mexico Commercial Fisheries Related Alerts
    • Text GULFCOMMFISH to 888777
  • South Atlantic Recreational Fisheries Related Alerts
    • Text SATLRECFISH to 888777
  • South Atlantic Commercial Fisheries Related Alerts
    • Text SATLCOMMFISH to 888777
  • Caribbean Fisheries Related Alerts
    • Text CARIBFISH to 888777

 

Quick Glance Contact List for the NOAA Fisheries Southeast Regional Office

 

Other contacts:

Media:  Allison Garrett, 727-551-5750

Last updated by Southeast Regional Office on September 13, 2022