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Key Message:
NOAA Fisheries requests your comments on the proposed rule implementing regulations for Amendment 1 to each of the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans. Amendment 1 addresses the use and definition of buoy gear, which is a type of hook-and-line gear type used by commercial fishermen targeting deep-water reef fish in Puerto Rico and the U.S. Virgin Islands. Buoy gear is also known as “cala con boya” in Puerto Rico and as “deep-drop buoy gear” in the U.S. Virgin Islands.
Comments are due by May 24, 2023.
Summary of Proposed Changes:
Amendment 1 and the proposed rule would:
- Prohibit the use of buoy gear by the recreational sector in U.S. Caribbean federal waters.
- Modify the regulatory definition of buoy gear in U.S. Caribbean federal waters to increase the maximum number of hooks allowed from 10 to 25 for fisheries where buoy gear is authorized.
The purpose of Amendment 1 is to allow commercial fishermen targeting deep-water fish, including snappers and groupers, in U.S. Caribbean federal waters to use buoy gear with up to 25 hooks, while protecting deep-water reef fish resources and habitats from potential effects that might result from the use of buoy gear by the recreational sector.
How to Comment on the Proposed Rule:
The comment period is open now through May 24, 2023. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.
Formal Federal Register Name/Number: 88 FR 24746, published April 24, 2023
Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.
- Go to https://www.regulations.gov/document/NOAA-NMFS-2023-0032-0004.
- Click the "Comment " icon, complete the required fields.
- Enter or attach your comments.
Mail: Submit written comments to Maria Lopez-Mercer, Southeast Regional Office, NOAA Fisheries, 263 13th Avenue South, St. Petersburg, Florida 33701.
Frequently Asked Questions (FAQs)
What is NOAA Fisheries announcing today?
- NOAA Fisheries is announcing a public comment period for the proposed rule for Amendment 1 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 allowed from 10 to 25 in U.S. Caribbean federal waters for fisheries where buoy gear is authorized.
- The comment period on the proposed rule is open from April 24, 2023, through May 24, 2023.
- NOAA Fisheries requested comments on the notice of availability for Amendment 1 on April 6, 2023, which will be accepted through June 5, 2023.
- Comments on both the proposed rule and Amendment 1 will be considered in the final rule.
Why is NOAA Fisheries proposing this action?
- Buoy gear is currently listed as an authorized gear type for those fishing commercially for reef fish and pelagic species managed by the Caribbean Fishery Management Council. Buoy gear is also listed as an authorized gear type for those fishing commercially and recreationally for species that are not managed by the Caribbean Fishery Management Council in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, but there is no evidence that the recreational sector operating in U.S. Caribbean federal waters uses or has used buoy gear in federal waters.
- Through Amendment 1, NOAA Fisheries and the Caribbean Fishery Management Council are taking 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. This action aims to (1) reduce potential competition for fishing grounds between commercial and recreational user groups, (2) reduce any additional recreational fishing-related pressure on deep-water snapper and grouper resources, and (3) eliminate potential safety at sea concerns associated with recreational use of buoy gear at the deep-water reef fish fishing grounds.
- Amendment 1 would also modify the definition of buoy gear in U.S. Caribbean federal waters, increasing the maximum number of hooks allowed between the buoy and the terminal end from 10 to 25. This change would apply to the commercial harvest of both Caribbean Fishery Management Council-managed fisheries and non-managed fisheries and would allow those fishing in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John to legally use the same gear configuration used by commercial fishermen in state waters.
- The definition for buoy gear as it applies to the Gulf of Mexico and the South Atlantic would not change as a result of this action (50 CFR 622.2 “Buoy gear”).
- The definition for buoy gear as it applies to Atlantic Highly Migratory Species would not change as a result of this action (50 CFR 635.2 “Buoy gear”).
Where can I find more information on Amendment 1?
- Contact NOAA Fisheries, Southeast Regional Office
By Mail: Maria Lopez-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
- Amendment 1 may be found online at the NOAA Fisheries Southeast Regional Office Web site at: https://www.fisheries.noaa.gov/action/generic-amendment-1-island-based-fishery-management-plans-modification-buoy-gear-definition.
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NOAA's Text Message Alert Program allows you to receive important fishery related alerts via text message (SMS). Standard message & data rates may apply. You may opt-out at any time.
Text alerts you may receive include:
- Immediate fishery openings and closures
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Sign up for one or more of the following groups:
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- Text GULFRECFISH to 888777
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- Text SATLRECFISH to 888777
- South Atlantic Commercial Fisheries Related Alerts
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- Caribbean Fisheries Related Alerts
- Text CARIBFISH to 888777
Quick Glance Contact List for the NOAA Fisheries Southeast Regional Office
Permits Mailbox: The Permits Office in St. Petersburg, Florida now has a Permits mailbox in the front lobby (263 13th Ave. South, St. Petersburg, Florida 33701). You can now drop off original permits for permit transfers. Envelopes with information labels will be provided so that your documents can be attached to the correct application. The mailbox will be checked daily. For more information, contact the Permits Office at 877-376-4877.
Other contacts:
Media: Allison Garrett, 727-551-5750