79220 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Proposed Rules 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11954 Oxirane, 2-methyl-, polymer 

with oxirane, monoundecyl ether, branched 

and linear. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

oxirane, 2-methyl-, polymer with 

oxirane, monoundecyl ether, branched 

and linear (PMN P–20–74; CAS No. 

2222805–23–2) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. It is a significant 

new use to use the substance other than 

as a surfactant for use in the formulation 

of pesticide products. It is a significant 

new use to manufacture, process, or use 

the substance in a manner that results 

in inhalation exposure. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

* * * * * 

[FR Doc. 2024–22168 Filed 9–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• 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. 

• 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-andst-thomas-and-st-john-fisherymanagement-plans. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Stephenson, 727–824–5305, 

sarah.stephenson@noaa.gov. 

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 


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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 fastgrowing, 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 


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79222 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Proposed Rules 

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 MagnusonStevens 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 industryspecific 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 


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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 


lotter on DSK11XQN23PROD with PROPOSALS1
79224 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Proposed Rules 

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 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.441, add paragraph (b) to 

read as follows: 

§ 622.441 Size limits. 

* * * * * 

(b) Pelagic fish. (1) Dolphinfish—24 

inches (61.0 cm), FL. 

(2) Wahoo—32 inches (81.3 cm), FL. 

* * * * * 

■ 3. In § 622.444, add paragraph (b) to 

read as follows: 

§ 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. 

* * * * * 

■ 4. In § 622.481, add paragraph (b) to 

read as follows: 

§ 622.481 Size limits. 

* * * * * 

(b) Pelagic fish. (1) Dolphinfish—24 

inches (61.0 cm), FL. 

(2) Wahoo—32 inches (81.3 cm), FL. 

* * * * * 

■ 5. In § 622.484, add paragraph (b) to 

read as follows: 

§ 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. 

* * * * * 

■ 6. In § 622.516, add paragraph (b) to 

read as follows: 

§ 622.516 Size limits. 

* * * * * 

(b) Pelagic fish. (1) Dolphinfish—24 

inches (61.0 cm), FL. 

(2) Wahoo—32 inches (81.3 cm), FL. 

* * * * * 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Proposed Rules 79225 

■ 7. In § 622.519, add paragraph (b) to 

read as follows: 

§ 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 


lotter on DSK11XQN23PROD with PROPOSALS1