[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Proposed Rules]
[Pages 79220-79225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22242]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240919-0244]
RIN 0648-BN06


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of Puerto Rico, St. Croix, and St. Thomas and 
St. John; Amendment 3

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 3 to the Fishery Management Plans (FMPs) for Puerto Rico, St. 
Croix, and St. Thomas and St. John, as prepared by the Caribbean 
Fishery Management Council (Council) (Amendment 3). If implemented, 
this proposed rule would establish new management measures for 
dolphinfish (Coryphaena hippurus) and wahoo (Acanthocybium solandri) in 
U.S. Caribbean Federal waters, including commercial and recreational 
minimum size limits and recreational bag and possession limits. The 
purpose of this proposed rule and Amendment 3 is to develop management 
measures to ensure dolphinfish and wahoo have adequate time to mature 
and reproduce and to take a precautionary approach to management to 
protect against overfishing.

DATES: Written comments must be received no later than October 28, 
2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0070. You may 
submit comments on this document, identified by ``NOAA-NMFS-2024-0070'' 
by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type ``NOAA-NMFS-2024-0070'' in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    <bullet> Mail: Submit written comments to Sarah Stephenson, 
Southeast Regional Office, NMFS, 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 
https://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).
    An electronic copy of Amendment 3, which includes a fishery impact 
statement, an environmental assessment, a regulatory impact review, and 
a Regulatory Flexibility Act (RFA) analysis, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-3-puerto-rico-st-croix-and-st-thomas-and-st-john-fishery-management-plans.

FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, 727-824-5305, 
<a href="/cdn-cgi/l/email-protection#e4978596858cca979081948c818a978b8aa48a8b8585ca838b92"><span class="__cf_email__" data-cfemail="4033213221286e3334253028252e332f2e002e2f21216e272f36">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS, with the advice of the Council, 
manages the Puerto Rico, St. Croix, and St. Thomas and St. John 
fisheries in U.S. Caribbean Federal waters under the Puerto Rico, St. 
Croix, and St. Thomas and St. John FMPs. The Council prepared the FMPs, 
which the Secretary of Commerce approved, and NMFS implements the FMPs 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and the regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the Nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems.
    On September 22, 2020, the Secretary of Commerce approved the 
Puerto Rico, St. Croix, and St. Thomas and St. John FMPs under section 
304(a)(3) of the Magnuson-Stevens Act. The FMPs took effect on October 
13, 2022, after NMFS published the final rule to implement the FMPs (87 
FR 56204, September 13, 2022). Each FMP contains management

[[Page 79221]]

measures applicable for Federal waters off the respective island 
management area. Federal regulations at 50 CFR part 622 subpart S, 
subpart T, and subpart U describe management measures for Puerto Rico, 
St. Croix, and St. Thomas and St. John, respectively. Federal waters 
around Puerto Rico extend seaward from 9 nautical miles (nmi) or 16.7 
kilometers (km) from shore to the offshore boundary of the U.S. 
Caribbean exclusive economic zone (EEZ). Federal waters around St. 
Croix, and St. Thomas and St. John extend seaward from 3 nmi (5.6 km) 
from shore to the offshore boundary of the U.S. Caribbean EEZ.
    Prior to implementation of the Puerto Rico, St. Croix, and St. 
Thomas and St. John FMPs, dolphinfish and wahoo were not federally 
managed in Federal waters in the U.S. Caribbean. Because of the 
economic importance of these fast-growing, short-lived pelagic species 
to the region, they were included for management under each of the 
Puerto Rico, St. Croix, and St. Thomas and St. John FMPs, even though, 
given their migratory nature, they are exposed to harvest pressure 
across a wide area of the Atlantic Ocean, the Gulf of Mexico, and the 
Caribbean Sea. While each FMP established annual catch limits (ACLs), 
annual catch targets (ACTs), and accountability measures for 
dolphinfish and wahoo, the FMPs did not establish other management 
measures often used to limit harvest or effort such as minimum size 
limits, recreational bag and possession limits, or commercial trip 
limits.
    At its December 2021 meeting, the Council began discussions on 
management measures that could be used to address the increasing 
opportunity for the overharvest of juvenile dolphinfish as a result of 
the increasing influx and presence of Sargassum in the region. 
Sargassum is a type of floating brown algae that provides food, 
protection, and habitat for many marine species. The Sargassum mats are 
natural fish aggregating devices for dolphinfish and wahoo, including 
juveniles of each species, making them easier to locate and catch by 
fishermen. In addition, the lack of information available on the 
recreational harvest of dolphinfish and wahoo and the potential for 
excess harvest of the species to occur during recreational fishing 
trips is a concern.
    The Puerto Rico, St. Croix, and St. Thomas and St. John FMPs and 
implementing island-based management rule did not include minimum size 
limits for dolphinfish or wahoo because these species were new to 
Federal management in the U.S. Caribbean. This proposed rule would 
establish minimum size limits for dolphinfish and wahoo for all fishing 
in U.S. Caribbean Federal waters (commercial and recreational sectors) 
to address the potential for small-sized (i.e., juvenile) individuals 
of these species to be caught year-round. Dolphinfish and wahoo are 
usually seasonally-caught species, but the annual influx of Sargassum 
to the region increases the likelihood that smaller fish could easily 
be harvested. Although there currently is not a large market for 
smaller-sized dolphinfish or wahoo, such a fishery could develop in the 
future and the Council recommends being proactive in the management of 
these species. Protecting smaller-sized dolphinfish and wahoo increases 
the potential that they have enough time to reproduce before being 
harvested.
    Currently, there are no recreational bag or possession limits for 
dolphinfish or wahoo for the same reasons noted above. The proposed 
rule would establish recreational bag and possession limits for 
dolphinfish and wahoo to help regulate their harvest in U.S. Caribbean 
Federal waters by the recreational sector. While the Puerto Rico FMP 
established recreational sector ACLs and ACTs for dolphinfish and 
wahoo, the Marine Recreational Information Program that collected 
recreational data for Puerto Rico was suspended in 2017 and has not 
resumed to date. Recreational data were not collected for St. Croix or 
St. Thomas and St. John. As a result, neither the St. Croix FMP nor the 
St. Thomas and St. John FMP established sector-specific ACLs and ACTs 
for dolphinfish and wahoo. Though some catch information is available 
from recreational fishing tournaments that occur in Puerto Rico and the 
U.S. Virgin Islands (USVI), that information likely underrepresents the 
total number of dolphinfish or wahoo caught each year by the 
recreational sector. Thus, the number of recreational fishermen and the 
amount of dolphinfish or wahoo removed by the sector are largely 
unknown for the region. Setting recreational bag and possession limits 
for the recreational sector in Federal waters around Puerto Rico, St. 
Croix, and St. Thomas and St. John could reduce the chance of 
overfishing the resource, while allowing fishermen access to the 
species.
    The proposed recreational bag and possession limits for dolphinfish 
would be more conservative than the recreational bag and possession 
limits that apply in Puerto Rico territorial waters, but consistent 
with the recreational bag and possession limits that apply in St. 
Croix, St. Thomas and St. John territorial waters. With respect to 
wahoo, the proposed recreational bag and possession limits would be 
consistent with the recreational bag and possession limits that apply 
in Puerto Rico territorial waters, but more conservative than the 
recreational bag and possession limits that apply in St. Croix, St. 
Thomas and St. John territorial waters. Compatible regulations make it 
easier for fishermen to comply with the regulations and for law 
enforcement to monitor compliance to the regulations.
    Because the commercial landings of dolphinfish and wahoo in each 
island management area have been less than the corresponding ACLs, 
additional harvest constraints for the commercial sector are not needed 
at this time.

Management Measures Contained in This Proposed Rule

    For dolphinfish and wahoo, this proposed rule would establish 
commercial and recreational minimum size limits and recreational bag 
and possession limits in Federal waters around Puerto Rico, St. Croix, 
and St. Thomas and St. John.

Minimum Size Limits

    Currently, no minimum size limits are in place for dolphinfish or 
wahoo in Federal waters around Puerto Rico, St. Croix, and St. Thomas 
and St. John. All sizes of dolphinfish or wahoo that are caught by 
commercial or recreational fishermen can be retained, though subject to 
the applicable ACLs and ACTs. For commercial and recreational fishing 
in the Federal waters around Puerto Rico, St. Croix, and St. Thomas and 
St. John, this proposed rule would establish a 24 inches (61.0 
centimeters (cm)) fork length (FL), minimum size limit for dolphinfish 
and a 32 inches (81.3 cm) FL, minimum size limit for wahoo. As 
described in Amendment 3, these minimum size limits are based on size 
at maturity information reported for each species in the U.S. 
Caribbean.

Recreational Bag and Possession Limits

    Currently, no recreational bag or possession limits are in place 
for dolphinfish or wahoo in Federal waters around Puerto Rico, St. 
Croix, and St. Thomas and St. John. All dolphinfish or wahoo that are 
caught by recreational fishermen in U.S. Caribbean Federal waters 
during a recreational fishing trip can be retained, though subject to 
the applicable ACLs and ACTs. For Federal waters around Puerto Rico, 
this proposed rule would establish a recreational bag and possession 
limit of 5 dolphinfish per person per day, not to exceed 15 dolphinfish 
per vessel per day, whichever is less and a recreational bag and 
possession limit of 5 wahoo per

[[Page 79222]]

person per day, not to exceed 10 wahoo per vessel per day, whichever is 
less. For Federal waters around St. Croix and St. Thomas and St. John, 
this proposed rule would establish recreational bag and possession 
limits of 10 dolphinfish per person per day, not to exceed 32 
dolphinfish per vessel per day, whichever is less and recreational bag 
and possession limits of 2 wahoo per person per day, not to exceed 10 
wahoo per vessel per day, whichever is less. As described in Amendment 
3, these recreational bag and possession limits proposed for Federal 
waters are either consistent with, or more conservative than, current 
territorial bag limit regulations for dolphinfish and wahoo.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 3, the FMPs for Puerto Rico, St. Croix, and 
St. Thomas and St. John, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the RFA. The IRFA describes the economic 
impact this proposed rule, if adopted, would have on small entities. A 
copy of the full analysis is included in Amendment 3, which is 
available from the Southeast Regional Office website (see ADDRESSES 
section). A summary of the analysis follows.
    Section 603(b)(1) requires Agencies to describe the reasons why the 
proposed rule is being considered. This proposed rule is being 
considered to develop conservation and management measures for 
dolphinfish and wahoo, which are recently added stocks to Federal 
management in the U.S. Caribbean. This proposed rule takes a 
precautionary approach to management to protect against overfishing of 
an unmanaged resource.
    Section 603(b)(2) of the RFA requires agencies to state the 
objective of, and legal basis for the proposed action. The objective of 
this proposed rule is to establish size limits and recreational bag 
limits for dolphinfish and wahoo under the Puerto Rico FMP, the St. 
Croix FMP, and the St. Thomas/St. John FMP. These size limits would 
ensure proactive management of these species and increase the potential 
for these fish to enter the fishery and have time to reproduce. The 
Magnuson-Stevens Act provides the legal basis for this proposed rule.
    Section 603(b)(4) of the RFA requires agencies to describe any new 
reporting, record-keeping and other compliance requirements. No new 
reporting and record-keeping requirements are introduced by this 
proposed rule.
    Under section 603(b)(5) of the RFA, agencies must identify, to the 
extent practicable, relevant Federal rules which duplicate, overlap, or 
conflict with the proposed action. Relevant Federal rules include, but 
are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas 
Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal 
Protection Act, the Endangered Species Act, the National Environmental 
Policy Act, and the Coastal Zone Management Act. This proposed rule has 
been determined not to duplicate, overlap, or conflict with any Federal 
rules.
    The proposed action, if implemented, would directly affect both 
anglers (recreational fishers) and commercial fishing businesses that 
harvest dolphinfish and wahoo in Federal waters around Puerto Rico and 
the USVI. Anglers, however, are not considered small entities as that 
term is defined in 5 U.S.C. 601(6), whether fishing from charter vessel 
or headboat (for-hire) fishing, privately owned, or leased vessels. 
Therefore, neither estimates of the number of anglers nor the impacts 
on them are required or provided in this analysis.
    Section 603(b)(3) of the RFA requires agencies to provide an 
estimate of the number of small entities to which the rule would apply. 
The Small Business Administration (SBA) authorizes an agency to develop 
its own industry-specific size standards after consultation with the 
SBA Office of Advocacy and an opportunity for public comment (see 13 
CFR 121.903(c)). For RFA purposes, NMFS has established a small 
business size standard for businesses, including their affiliates, 
whose primary industry is commercial fishing (see 50 CFR 200.2). A 
business primarily involved in commercial fishing (North American 
Industry Classification System 11411) is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including its affiliates), and its combined annual 
receipts are not in excess of $11 million for all of its affiliated 
operations worldwide. All of the following figures are expressed in 
2021 dollars and all weights described in this proposed rule are in 
round weight.
    From 2017 through 2021, an annual average of 706 Puerto Rico 
commercial fishermen were actively fishing, and each of these fishermen 
is expected to represent a unique commercial fishing business. On 
average, they collectively landed approximately 1.87 million pounds 
(lb) or 848,217.7 kilograms (kg) of marine resources with a direct 
value (revenue) of about $9.16 million from all waters. The highest 
annual landings and direct value from their combined landings during 
the 5-year period were in 2019: 2.47 million lb (1,120,373.2 kg) with a 
direct value of almost $12.03 million. The average commercial fisherman 
during this 5-year period had annual revenue from all landings of 
$12,975. None of the fishermen had annual revenue from fishing that was 
close to the small business standard size limit. From the above, NMFS 
concludes that all commercial fishing businesses in Puerto Rico are 
small.
    Because price data are not available after 2019 in the USVI, 
estimates of the numbers of small commercial fishing businesses 
directly affected by the proposed rule and its impacts on them are 
generated using 2015 through 2019 data. From 2015 through 2019, an 
annual average of 127 commercial fishermen (59 in St. Croix and 68 in 
St. Thomas and St. John) were actively fishing and collectively they 
generated average annual direct revenues of $4.71 million (St. Croix 
$1.93 million and St. Thomas and St. John $2.78 million). Each of these 
commercial fishermen is expected to represent a unique business. 
Therefore, NMFS concludes that all commercial fishing businesses in St. 
Croix, St. Thomas and St. John are small.
    Not all of the above active small commercial fishing businesses 
harvest dolphinfish or wahoo from Federal waters. On average, 94 (13.3 
percent) of Puerto Rico's 706 small businesses land dolphinfish or 
wahoo annually from Federal and unknown waters. For this proposed rule, 
``unknown waters'' represent an area around each island or island group 
for which the jurisdiction, Federal or territorial, was not reported on 
the commercial catch report form. Note that these figures include small 
businesses that land dolphinfish or wahoo from unknown waters, and, as 
such, may result in overestimates of both the numbers of small 
businesses directly affected and the impacts on them. Likewise, 15 
(25.4 percent) of St. Croix's 59 small businesses land dolphinfish or 
wahoo annually from Federal and unknown waters: 14 land dolphinfish and 
10 land wahoo. Twelve (17.7 percent) of St. Thomas and St. John's 68 
small businesses land dolphinfish or wahoo annually from

[[Page 79223]]

Federal and unknown waters: all land dolphinfish and 8 land wahoo.
    The proposed action would establish a 24 inches (61.0 cm) FL, 
minimum size limit for all fishing for dolphinfish in Federal waters 
off Puerto Rico, St. Croix, and St. Thomas and St. John. It would also 
establish a 32 inches (81.3 cm) FL, minimum size limit for all fishing 
for wahoo in Federal waters off Puerto Rico, St. Croix, and St. Thomas 
and St. John. These minimum size limits are based on size at maturity 
information reported for each species in the U.S. Caribbean. There are 
currently no minimum size limits for either dolphinfish or wahoo in 
Federal waters.

Puerto Rico

    An annual average of 45,016 lb (20,418.9 kg) of dolphinfish and 
8,525 lb (3,866.9 kg) of wahoo are harvested from Federal and unknown 
waters by 94 small businesses annually. Forty-two (44.7 percent) of 
these small businesses land both dolphinfish and wahoo and they 
collectively account for 70.7 percent of dolphinfish landings and 89.5 
percent of wahoo landings by weight. Forty-six (48.9 percent) account 
for the remainder (29.3 percent) of dolphinfish landings and six (6.4 
percent) account for the remainder (10.5 percent) of wahoo landings. 
NMFS estimates that the proposed action would reduce commercial 
landings (by weight) of dolphinfish by less than 1 percent and wahoo by 
11.9 percent annually.
    On average, each of the 42 small businesses that land both 
dolphinfish and wahoo from Federal and unknown waters would have annual 
reductions of dolphinfish landings of less than 8 lb (3.6 kg) and 
annual reductions of wahoo landings of 22 lb (10.0 kg). At 2021 prices, 
the 42 small businesses that land both dolphinfish and wahoo would 
experience annual revenue decreases of less than $130 (less than $33 
from dolphinfish and $97 from wahoo). The combined loss represents less 
than 0.6 percent of the average annual revenue from all landings for 
these 42 small businesses.
    The 48 small businesses that land dolphinfish and not wahoo from 
Federal and unknown waters would each have an annual reduction in 
dolphinfish landings less than 3 lb (1.4 kg) and $13. The loss of 
dolphinfish revenue represents less than 0.1 percent of the average 
annual revenue of these 46 small businesses.
    The 6 small businesses that land wahoo and not dolphinfish from 
Federal and unknown waters would each have an annual reduction in wahoo 
landings of 18 lb (8.2 kg) and $78. The loss of wahoo revenue 
represents 0.6 percent of the average annual revenue of these six small 
businesses.
    Two alternatives to the 24 inches (61.0 cm) FL, minimum size limit 
for dolphinfish were considered but not recommended by the Council. The 
first, the no-action alternative, would have no adverse impact on small 
businesses but would not support proactive species management. The 
second would have a smaller minimum size limit (20 inches; 50.8 cm FL), 
and, like the recommended alternative, it would reduce annual 
commercial landings of dolphinfish by less than 1 percent. This smaller 
size limit corresponds with only 50 percent of females being capable of 
reproduction as opposed to the 24 inches FL, which corresponds with 
approximately all females being mature. As such, the 24 inches FL is 
preferable to reduce fishing pressures and allow more females to reach 
maturity.
    Two alternatives to the 32 inches (81.3 cm) FL, minimum size limit 
for wahoo were considered but not recommended by the Council. The 
first, the no-action alternative, would have no adverse impact on small 
businesses but would not support proactive species management. The 
second, would establish a larger minimum size limit (40 inches; 101.6 
cm, FL) and would reduce landings of wahoo by 37.7 percent instead of 
the 11.9 percent reduction caused by the recommended alternative. This 
alternative is not preferable as it would have a greater adverse impact 
on small businesses than the 32 inches FL minimum size limit.

St. Croix

    An annual average of 15 small businesses harvest dolphinfish or 
wahoo from Federal and unknown waters. To avoid potential disclosure of 
priority information, a comparison of the small businesses that land 
both dolphinfish and wahoo and impacts on them to businesses that land 
one of the species is not provided. An annual average of 14 small 
businesses in St. Croix land dolphinfish from Federal and unknown 
waters. The top 7 account for 95.4 percent of dolphinfish landings, 
while the bottom 7 account for the remaining 4.6 percent. On average, 
these 14 small businesses collectively land 34,038 lb (15,439.4 kg) of 
dolphinfish annually. The average of the top 7 small businesses lands 
4,640 lb (2,104.7 kg) of dolphinfish and has annual revenue from all 
landings of $98,803 annually. The average of the bottom 7 small 
businesses lands 225 lb (102.1 kg) of dolphinfish and has annual 
revenue from all landings of $8,711 annually.
    NMFS estimates that the action would reduce annual commercial 
landings of dolphinfish in St. Croix by 5 percent. On average, each of 
the top 7 of the small businesses that land dolphinfish from Federal 
and unknown waters would have an annual reduction in dolphinfish 
landings of 234 lb (106.1 kg) and $1,491, which represents 1.5 percent 
of their average annual revenue from all landings. Each of the bottom 7 
that land dolphinfish from Federal and unknown waters would have an 
average annual reduction in landings of about 9 lb (4.1 kg) and $57, 
which represents 0.7 percent of their average annual revenue from all 
landings.
    An annual average of 10 small businesses in St. Croix land wahoo 
from Federal and unknown waters. The top 5 account for 95.4 percent of 
wahoo landings, while the bottom 5 account for the remaining 4.6 
percent. On average, these 10 small businesses collectively land 17,966 
lb (8,149.2 kg) of wahoo annually. The average of the top 5 small 
businesses lands 3,692 lb (1,674.7 kg) of wahoo and has annual revenue 
from all landings of $129,686 annually. The average of the bottom 5 
small businesses lands 140 lb (63.5 kg) of wahoo and has annual revenue 
from all landings of $19,373 annually.
    NMFS estimates that the action would reduce annual commercial 
landings of wahoo in St. Croix by 2.2 percent. On average, each of the 
top 5 of the 10 small businesses that land wahoo from Federal and 
unknown waters would have an annual reduction in wahoo landings of 76 
lb (34.5 kg) and $502, which represents 0.4 percent of their average 
annual revenue from all landings. Each of the bottom 5 that land wahoo 
from Federal and unknown waters would have an average annual reduction 
in landings of 4 lb (1.8 kg) and $26, which represents 0.1 percent of 
their average annual revenue from all landings.
    Two alternatives to the 24 inches (61.0 cm) FL, minimum size limit 
for dolphinfish were considered but not recommended by the Council. The 
first, the no-action alternative, would have no adverse impact on small 
businesses but would not support proactive species management. The 
second would have a smaller minimum size limit (20 inches; 50.8 cm, 
FL), and it would reduce dolphinfish landings by 3.9 percent as opposed 
to the 5.0 percent that would be caused by the recommended alternative. 
However, this smaller minimum size limit would not be as effective for 
reducing fishing pressures on the species.
    Two alternatives to the 32 inches (81.3 cm) FL, minimum size limit 
for

[[Page 79224]]

wahoo were considered but not recommended. The first, the no-action 
alternative, would have no adverse impact on small businesses but would 
not support proactive species management. The second, would establish a 
larger minimum size limit (40 inches; 101.6 cm, FL) and would reduce 
annual wahoo landings by 44.6 percent as opposed to the 2.2 percent 
reduction that would be caused by the recommended alternative. As such, 
this alternative is not preferable as it would have a greater adverse 
impact on small businesses than the 32 inches FL minimum size limit.

St. Thomas and St. John

    An annual average of 12 small businesses in St. Thomas and St. John 
land dolphinfish from Federal and unknown waters. The top 6 account for 
97.2 percent of dolphinfish landings, while the bottom 6 account for 
the remaining 2.8 percent. On average, these 12 small businesses 
collectively land 8,889 lb (4,032.0 kg) of dolphinfish annually. The 
average of the top 6 small businesses lands 1,440 lb (653.2 kg) of 
dolphinfish and has annual revenue from all landings of $27,311 
annually. The average of the bottom 6 small businesses lands 41 lb 
(18.6 kg) of dolphinfish and has annual revenue from all landings of 
$25,031 annually.
    NMFS estimates that the action would reduce annual commercial 
landings of dolphinfish in St. Thomas and St. John by 1 percent. On 
average, each of the top 6 of the 12 small businesses that land 
dolphinfish from Federal and unknown waters would have an annual 
reduction in dolphinfish landings of about 15 lb (6.8 kg) and $554, 
which represents 2.0 percent of their average annual revenue from all 
landings. Each of the bottom 6 that land dolphinfish from Federal and 
unknown waters would have an average annual reduction in landings of 
less than 1 lb (0.5 kg) and $3, which represents less than 0.1 percent 
of their average annual revenue from all landings.
    An annual average of 8 small businesses in St. Thomas and St. John 
land wahoo from Federal and unknown waters. The top 4 account for 89.6 
percent of wahoo landings, while the bottom 4 account for the remaining 
10.4 percent. On average, these 8 small businesses collectively land 
3,058 lb (1,387.1 kg) of wahoo annually. The average of the top 4 small 
businesses lands about 685 lb (310.7 kg) of wahoo and has annual 
revenue from all landings of $31,792 annually. The average of the 
bottom 4 small businesses lands about 80 lb (36.3 kg) of wahoo and has 
annual revenue from all landings of $15,659 annually.
    It is estimated that the recommended minimum size limit for wahoo 
would reduce commercial landings of wahoo in St. Thomas and St. John by 
12 percent, which would be a reduction of 367 lb (166.5 kg) annually. 
The average of the top 4 small businesses would have an annual decrease 
in wahoo landings of 82 lb (37.2 kg) and revenues of $622, which 
represents about 2 percent of their annual revenue from all landings. 
The average of the bottom 4 small businesses would have an annual 
decrease of wahoo landings by 10 lb (4.4 kg) and revenue of about $76, 
which represents about 0.5 percent of annual revenue from all landings.
    Two alternatives to the 24 inches (61.0 cm) FL, minimum size limit 
for dolphinfish were considered but not recommended by the Council. The 
first, the no-action alternative, would have no adverse impact on small 
businesses but would not support proactive species management. The 
second would have a smaller minimum size limit (20 inches; 50.8 cm, 
FL), and it would reduce dolphinfish landings by less than 1 percent 
which is the same annual reduction in landings as the recommended 
alternative. This smaller minimum size limit corresponds to the size at 
which only approximately 50 percent of females are mature. As such, the 
larger minimum size limit is preferable to reduce fishing pressures by 
allowing more females to reach maturity.
    Two alternatives to the 32 inches (81.3 cm) FL, minimum size limit 
for wahoo were considered but not recommended by the Council. The 
first, the no-action alternative, would have no adverse impact on small 
businesses. The second, would establish a larger minimum size limit (40 
inches; 101.6 cm, FL), which would reduce wahoo landings by a larger 
percentage than the recommended alternative.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Caribbean, Dolphinfish, Fisheries, Fishing, Wahoo.

    Dated: September 24, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 622 as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  622.441, add paragraph (b) to read as follows:


Sec.  622.441  Size limits.

* * * * *
    (b) Pelagic fish. (1) Dolphinfish--24 inches (61.0 cm), FL.
    (2) Wahoo--32 inches (81.3 cm), FL.
* * * * *
0
3. In Sec.  622.444, add paragraph (b) to read as follows:


Sec.  622.444  Bag and possession limits.

* * * * *
    (b) Pelagic fish. (1) Dolphinfish--5 per person per day, not to 
exceed 15 per vessel per day, whichever is less.
    (2) Wahoo--5 per person per day, not to exceed 10 per vessel per 
day, whichever is less.
* * * * *
0
4. In Sec.  622.481, add paragraph (b) to read as follows:


Sec.  622.481  Size limits.

* * * * *
    (b) Pelagic fish. (1) Dolphinfish--24 inches (61.0 cm), FL.
    (2) Wahoo--32 inches (81.3 cm), FL.
* * * * *
0
5. In Sec.  622.484, add paragraph (b) to read as follows:


Sec.  622.484  Bag and possession limits.

* * * * *
    (b) Pelagic fish. (1) Dolphinfish--10 per person per day, not to 
exceed 32 per vessel per day, whichever is less.
    (2) Wahoo--2 per person per day, not to exceed 10 per vessel per 
day, whichever is less.
* * * * *
0
6. In Sec.  622.516, add paragraph (b) to read as follows:


Sec.  622.516  Size limits.

* * * * *
    (b) Pelagic fish. (1) Dolphinfish--24 inches (61.0 cm), FL.
    (2) Wahoo--32 inches (81.3 cm), FL.
* * * * *

[[Page 79225]]

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7. In Sec.  622.519, add paragraph (b) to read as follows:


Sec.  622.519  Bag and possession limits.

* * * * *
    (b) Pelagic fish. (1) Dolphinfish--10 per person per day, not to 
exceed 32 per vessel per day, whichever is less.
    (2) Wahoo--2 per person per day, not to exceed 10 per vessel per 
day, whichever is less.
* * * * *
[FR Doc. 2024-22242 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-22-P


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