79492 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Adam Ortiz, 

Regional Administrator, EPA Region 3. 

[FR Doc. 2024–21664 Filed 9–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–31; Report No. 3219; 

FR ID 247697] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration. 

SUMMARY: Petitions for Reconsideration 

(Petitions) have been filed in the 

Commission’s proceeding by Sasha 

Horwitz, on behalf of Los Angeles 

Unified School District, and Kristen 

Corra, on behalf of Schools, Health & 

Libraries Broadband (SHLB) Coalition, 

the Open Technology Institute at New 

America, the Benton Institute for 

Broadband & Society, the Consortium 

for School Networking, and Common 

Sense Media. 

DATES: Oppositions to the Petitions 

must be filed on or before October 15, 

2024. Replies to oppositions to the 

Petitions must be filed on or before 

October 25, 2024. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Molly O’Conor of 

the Telecommunications Access Policy 

Division, Wireline Telecommunications 

Bureau, at Molly.OConor@fcc.gov or 

(202) 418–7400. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3219, released 

September 24, 2024. The full text of the 

Petitions can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://fcc.gov/ecfs/. 

The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject: Addressing the Homework 

Gap through the E-Rate Program (WC 

Docket No. 21–31). 

Number of Petitions Filed: 2. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2024–22399 Filed 9–27–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 600 and 622 

[Docket No. 240920–0248] 

RIN 0648–BM94 

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 2 

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 2 to the Puerto Rico 

Fishery Management Plan (FMP), 

Amendment 2 to the St. Croix FMP, and 

Amendment 2 to the St. Thomas and St. 

John FMP (jointly Amendment 2), as 

prepared by the Caribbean Fishery 

Management Council (Council). If 

implemented, this proposed rule and 

Amendment 2 would prohibit and 

restrict the use of certain net gear in 

U.S. Caribbean Federal waters and 

would require a descending device to be 

available and ready for use on vessels 

when fishing for federally managed reef 

fish species in U.S. Caribbean Federal 

waters. The purpose of this proposed 

rule and Amendment 2 is to protect 

habitats and species from the potential 

negative impacts associated with the use 

of certain net gear and to enhance the 

survival of released reef fish in U.S. 

Caribbean Federal waters. 

DATES: Written comments must be 

received no later than October 30, 2024. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0084. You may 

submit comments on this document, 

identified by ‘‘NOAA–NMFS–2024– 

0084’’ 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–2024–0084’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit written comments to 

Maria Lopez-Mercer, 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 2, 

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-2-puerto-rico-st-croix-andst-thomas-and-st-john-fisherymanagement-plans-trawl. 

FOR FURTHER INFORMATION CONTACT: 

Maria Lopez-Mercer, NMFS Southeast 

Regional Office, 727–824–5305, 

maria.lopez@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. The 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 79493 

Magnuson-Stevens Act authorizes the 

Council and NMFS to regulate fishing 

activity to support the conservation and 

management of federally managed fish 

fisheries, which may include 

regulations that pertain to fishing for 

non-managed species (i.e., species that 

are not managed under an FMP). 

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 

measures applicable for Federal waters 

in the respective island management 

area, including allowable fishing gear 

and harvest methods for species 

managed under each FMP. Federal 

regulations at 50 CFR part 622, subparts 

S, T, and 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. 

In addition to regulations specific to 

each FMP, Federal regulations at 50 CFR 

600.725(v) identify the fishing gear 

authorized for federally-managed 

fisheries and non-managed fisheries of 

each fishery management council (see 

part V for the Caribbean Fishery 

Management Council). Employing 

fishing gear or engaging in fishing in a 

fishery that is not included on the list 

of authorized fisheries and authorized 

gear types is prohibited. However, an 

individual fisherman may notify the 

Council of the intent to use a fishing 

gear or participate in a fishery that is not 

on the authorized list (50 CFR 

600.725(v)). Ninety days after such 

notification to the Council, the 

individual may use such fishing gear or 

participate in the fishery unless 

regulatory action is taken to prohibit the 

use of the gear or participation in the 

fishery. 

In Federal waters around Puerto Rico, 

St. Croix, and St. Thomas and St. John, 

gillnets are listed as an authorized gear 

type for the commercial federallymanaged and non-federally managed 

pelagic fisheries, as well as all other 

commercial non-federally managed 

fisheries located in U.S. Caribbean 

Federal waters. Trawl nets are listed as 

an authorized gear type for the 

commercial non-federally managed 

fisheries, other than the non-managed 

pelagic fisheries. Purse seines and 

trammel nets are not listed as 

authorized fishing gear for any fishery 

(managed or non-managed) in U.S 

Caribbean Federal waters. 

At its December 2021 meeting, the 

Council discussed prohibiting the use of 

trawl gear, trammel nets, purse seines, 

and gillnets for all fishing in U.S. 

Caribbean Federal waters as a 

precautionary approach to prevent 

potential negative impacts from the use 

of these fishing gear types on sensitive 

habitats present in U.S. Caribbean 

Federal waters and to eliminate the 

potential for bycatch associated with 

each of these types of fishing gear. 

During the development of Amendment 

2, when considering the use of gillnet 

gear, the Council recommended 

restricting the use of gillnets such that 

it would only be allowed for fishing in 

non-managed fisheries to accommodate 

fishermen who use gillnet gear at the 

surface of the water to catch baitfish. 

Currently, gear-specific regulations in 

U.S. Caribbean Federal waters prohibit 

the use of gillnets and trammel nets in 

the federally-managed reef fish and 

spiny lobster fisheries. These 

regulations require that any gillnet or 

trammel net used to fish for any other 

species must be tended at all times (50 

CFR 622.437(a)(3) and (c)(2); 50 CFR 

622.477(a)(3) and (c)(2); 50 CFR 

622.512(a)(3) and (c)(2)). Gillnets and 

trammel nets are also prohibited for use 

year-round in the seven federallymanaged seasonally closed areas: Puerto 

Rico—(1) Abrir La Sierra Bank (50 CFR 

622.439(a)(1)(ii)), (2) Tourmaline Bank 

(50 CFR 622.439(a)(2)(ii)), (3) Bajo de 

Sico (50 CFR 622.439(a)(3)(ii)); U.S. 

Virgin Islands (USVI)—(4) Mutton 

Snapper Spawning Aggregation Area (50 

CFR 622.479(a)(1)(ii)), (5) Red Hind 

Spawning Aggregation Area east of St. 

Croix (50 CFR 622.479(a)(2)(ii)), (6) 

Grammanik Bank (50 CFR 

622.514(a)(1)(ii)), and (7) Hind Bank 

Marine Conservation District (50 CFR 

622.514(a)(2)). Though trawl gear, 

trammel nets, purse seines, and gillnets 

are used infrequently, if at all, by 

commercial or recreational fishermen in 

Federal waters around Puerto Rico, St. 

Croix, or St. Thomas and St. John, the 

Council recommended being proactive 

in protecting marine resources and 

recommended regulatory action to 

prohibit or restrict the use of these 

fishing gear types in U.S. Caribbean 

Federal waters. 

Currently, trawl gear, which includes 

bottom and mid-water trawls, is listed 

as an authorized fishing gear type for 

commercial non-federally-managed 

fisheries, other than the non-managed 

pelagic fisheries under each FMP (part 

V of the table to 50 CFR 600.725(v)). As 

described in Amendment 2, there is no 

evidence that commercial fishermen use 

or have ever used trawl gear in Federal 

waters around any of the island 

management areas, except for limited 

exploratory research (e.g., for 

commercial fishing purposes) 

conducted in the early 1900s. 

As discussed, the use of trammel net 

gear is currently prohibited in the 

federally-managed reef fish and spiny 

lobster fisheries in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John. Trammel nets are 

not listed in part V of the table to 50 

CFR 600.725(v) as an authorized fishing 

gear type in any managed or nonmanaged fisheries in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John. As described in 

Amendment 2, some trammel net 

landings of non-managed species such 

as baitfish, have been reported from 

fisheries located in Federal waters 

around Puerto Rico. There is no 

evidence of the use of trammel nets in 

fisheries located in Federal waters 

around the USVI. 

Similar to trammel net gear, purse 

seine is not identified in part V of the 

table to 50 CFR 600.725(v) as an 

authorized fishing gear type for any 

fishery in any of the island management 

areas. As discussed in Amendment 2, 

purse seines are not used in any fishery 

located in Federal waters around Puerto 

Rico or the USVI. 

As discussed in Amendment 2, the 

use of gillnets is prohibited in the 

federally-managed reef fish and spiny 

lobster fisheries, and they are rarely 

used by commercial fishermen in nonmanaged fisheries in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John due to depth and 

distance from the coast. However, 

gillnets are allowed and used in Puerto 

Rico territorial waters to fish for certain 

non-managed species, including 

baitfish. Gillnets are prohibited in USVI 

territorial waters, except for gillnets 

used at the surface for the harvest of 

certain species of baitfish. 

In addition to impacts associated with 

the use of certain types of fishing gear 

discussed above, there is a concern 

about the mortality of reef fish that are 

released after capture by commercial 

and recreational fishermen, particularly 

reef fish caught in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John that experience 

injuries related to barotrauma. 

Barotrauma in fish is the rapid 

expansion of gases inside a fish as it is 

rapidly retrieved from depth. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
79494 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 

Barotrauma generally occurs when 

retrieving fish from depths of 90 feet 

(27.4 meters) or greater, though it can 

occur in waters as shallow as 

approximately 33 feet (10 meters) deep. 

Fishermen can help increase the 

survivability of fish showing signs of 

barotrauma that are released by using a 

descending device. A descending device 

lowers a fish back to a depth where 

internal gases recompress and the fish 

can be released unharmed. Descending 

devices are not currently required to be 

on any fishing vessels in U.S. Caribbean 

Federal waters. 

Management Measures Contained in 

This Proposed Rule 

This proposed rule would (1) prohibit 

the use of trawls, trammel nets, and 

purse seines in all fisheries located in 

Federal waters around Puerto Rico, St. 

Croix, and St. Thomas and St. John, (2) 

prohibit the use of gillnets in federallymanaged fisheries in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John, and restrict the 

use of gillnets in non-managed fisheries 

to a gillnet that meets specified 

requirements, and (3) require a 

descending device to be available and 

ready for use on each fishing vessel 

when fishing in federally-managed reef 

fish fisheries located in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John. 

Trawl, Trammel Net, and Purse Seine 

Gear Prohibition 

In Amendment 2, the Council 

recommended a precautionary approach 

to management that would prevent the 

future use of trawl, trammel net, and 

purse seine gear by any sector (i.e., 

commercial and recreational) in any 

fishery (i.e., managed and non-managed) 

located in Federal waters around Puerto 

Rico, St. Croix, and St. Thomas and St. 

John. With respect to non-managed 

fisheries, the Magnuson-Stevens Act 

gives the fishery management councils 

and NMFS authority to regulate fishing 

activity to support the conservation and 

management of fisheries, which can 

include regulations that pertain to nonmanaged fisheries. Through this 

precautionary action, the Council seeks 

to prevent potentially negative effects 

on habitats and species associated with 

the use of certain types of fishing gear. 

This proposed rule would prohibit the 

use of trawl, trammel net, and purse 

seine gear for all fishing in Federal 

waters around Puerto Rico, St. Croix, 

and St. Thomas and St. John. If this 

proposed rule is implemented, and the 

gear types are specifically prohibited, 

fishermen would not be able to petition 

the Council to use trawl, trammel net, 

and purse seine gear in Federal waters. 

Gillnet Gear Prohibition and Restriction 

This proposed rule would implement 

a precautionary approach to prohibit the 

use of gillnets in all federally-managed 

fisheries located in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John. The proposed rule 

would also restrict the use of gillnets in 

Federal waters around Puerto Rico, St. 

Croix, and St. Thomas and St. John to 

commercial non-managed fisheries only. 

In those commercial non-managed 

fisheries, gillnets may be used only so 

long as they meet the following 

specifications and requirements: (1) the 

gillnet mesh size must be exactly 0.75 

inches (1.9 centimeters) square or 1.5 

inches (3.8 centimeters) stretched; (2) 

one gillnet up to 600 feet (182.9 meters) 

in length is allowed on board a vessel; 

(3) the gillnet must be used 20 feet (6.1 

meters) or more above the bottom; and 

(4) the gillnet must be tended at all 

times. 

The current use of gillnets in the 

commercial non-managed fisheries 

located in Federal waters around Puerto 

Rico, St. Croix, and St. Thomas and St. 

John is minimal, due to the water depth 

and distance from the coast. This 

proposed rule and Amendment 2 would 

establish specific requirements for 

gillnets used in these fisheries to 

prevent or minimize potential negative 

ecological and biological effects (e.g., 

bycatch of undersized individuals or 

protected species), and to prevent 

physical effects on habitats in the U.S. 

Caribbean Federal waters, which may 

occur if a gillnet is attached to or makes 

contact with the bottom. These specific 

gillnet requirements were developed to 

reflect how the gear is currently used by 

commercial fishermen in territorial 

waters around Puerto Rico and the USVI 

to harvest baitfish. 

Descending Devices 

This proposed rule would require that 

a descending device be on board a 

commercial or recreational vessel and 

be readily available for use while fishing 

for or possessing species of reef fish 

managed under the FMPs. The list of 

reef fish managed by the Council that 

would be affected by this proposed rule 

is included in each FMP and can be 

found in table 3 to 50 CFR 622.431 

(Puerto Rico), table 2 to 50 CFR 622.471 

(St. Croix), and table 2 to 50 CFR 

622.506 (St. Thomas and St. John). 

For this proposed requirement, a 

descending device means an instrument 

that is attached to a minimum of 16- 

ounces (454-grams) of weight and length 

of line that will release the fish at the 

depth from which it was caught, or a 

minimum of 60 feet (18.3 meters). The 

descending device attaches to the fish’s 

mouth or is a container that will hold 

the fish. The device must be capable of 

releasing the fish automatically, by the 

actions of the operator of the device, or 

by allowing the fish to escape on its 

own. Since minimizing surface time is 

critical to increasing survival, a 

descending device must be readily 

available for use while engaged in 

fishing for federally-managed reef fish. 

Request for Comments 

NMFS is requesting comments on 

Amendment 2 and the measures in this 

proposed rule. In addition, NMFS is 

requesting comments on whether a 30- 

day delay in the date of effectiveness for 

the final rule would be sufficient for 

implementation of the descending 

device requirement. To comply with the 

Administrative Procedures Act, the 

effective date of measures implemented 

in a final rule would be not less than 30 

days after publication of the final rule 

in the Federal Register (5 U.S.C. 

553(d))(unless one of three exceptions 

applied). NMFS is considering whether 

a delay in implementation for a time 

period greater than 30 days is warranted 

for the proposed descending device 

requirement. Therefore, NMFS is also 

seeking comments on whether 30 days 

is sufficient to allow the Council the 

opportunity to conduct outreach and 

education activities and for fishermen to 

obtain the required descending device. 

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 2, the FMPs, 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. 

Pursuant to section 605(b) of the RFA, 

the Chief Counsel for Regulation of the 

Department of Commerce has certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this determination 

follows. 

A description of this proposed rule, 

why it is being considered, and the 

objectives of this proposed rule are 

contained in the SUMMARY and 

SUPPLEMENTARY INFORMATION sections of 

this proposed rule. The MagnusonVerDate Sep<11>2014 16:41 Sep 27, 2024 Jkt 262001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1

ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 79495 

Stevens Act provides the statutory basis 

for this proposed rule. No duplicative, 

overlapping, or conflicting Federal rules 

have been identified. In addition, no 

new reporting or record-keeping 

requirements are introduced by this 

proposed rule. 

This proposed rule, if implemented, 

would change the requirements 

associated with five types of gear. First, 

the proposed rule would prohibit the 

use of trawl gear for all fisheries in 

Federal waters around Puerto Rico, St. 

Croix, St. Thomas, and St. John. Next, 

the proposed rule would prohibit the 

use of gillnets for all federally managed 

fisheries in Federal waters around 

Puerto Rico, St. Croix, St. Thomas, and 

St. John. It would also limit the use of 

gillnets for non-federally managed 

fisheries in Federal waters around 

Puerto Rico, St. Croix, St. Thomas, and 

St. John to gillnets that meet the 

following requirements: (a) the mesh 

size of the gillnet must be exactly 0.75 

inches (1.9 centimeters) square or 1.5 

inches (3.8 centimeters) stretched, (b) 

one gillnet up to 600 feet (182.9 meters) 

in length is allowed on board a vessel, 

(c) the gillnet must be used 20 feet (6.1 

meters) or more above the bottom, and 

(d) the gillnet must be tended at all 

times. Additionally, the proposed rule 

would prohibit the use of trammel nets 

for all fisheries in Federal waters around 

Puerto Rico, St. Croix, St. Thomas, and 

St. John. Furthermore, it would prohibit 

the use of purse seines for all fisheries 

in Federal waters around Puerto Rico, 

St. Croix, St. Thomas, and St. John. 

Finally, the proposed rule would 

require that a descending device be on 

board a commercial or recreational 

vessel and be readily available for use 

while fishing for or possessing federally 

managed reef fish in Federal waters 

around Puerto Rico, St. Croix, St. 

Thomas, and St. John. 

These proposed actions would apply 

to all commercial fishing businesses, 

for-hire fishing businesses (charter boat 

operators who take customers out to 

fish), and recreational fishers (anglers) 

who fish in U.S. Caribbean Federal 

waters. None of the proposed changes 

would directly apply to fish dealers. 

Any change in the supply of fish 

available for purchase by dealers as a 

result of the proposed action, and 

associated economic effects, would be 

an indirect effect of the proposed 

regulatory action and would therefore 

fall outside the scope of the RFA. 

Additionally, the RFA does not consider 

recreational anglers to be entities, so 

they are also outside the scope of this 

analysis (5 U.S.C. 603). Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions (5 U.S.C. 601(6) and 

601(3)–(5)). Recreational anglers are not 

businesses, organizations, or 

governmental jurisdictions. Thus, only 

the impacts on commercial and charter 

(for-hire) fishing businesses will be 

discussed. All monetary values 

presented in this analysis are expressed 

in 2021 dollars. 

For RFA purposes only, 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 engaged in 

commercial fishing (North American 

Industry Classification System [NAICS] 

code 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 has combined annual 

receipts not in excess of $11 million for 

all its affiliated operations worldwide. 

From 2014 through 2019, the Puerto 

Rico commercial fishery as a whole 

generated average annual revenues of 

approximately $11.26 million. During 

the 6 years from 2014 through 2019, 

there were an average of 796 

commercial fishermen who reported 

landings. The remainder of this analysis 

uses the 2014 through 2019 figures to 

estimate the impacts of the proposed 

regulatory action on Puerto Rico’s 

commercial fishermen. 

NMFS estimates that from 2014 

through 2019, the average commercial 

fisherman in Puerto Rico had annual 

revenue of $9,100. Maximum annual 

revenue from reported landings for any 

of them was less than $60,000 and 

minimum annual revenue was about 

$200. That range in individual annual 

revenues illustrates the difference 

between part-time fishermen and those 

that are full-time. Nonetheless, whether 

full-time or part-time, each active Puerto 

Rico Department of Natural and 

Environmental Resources (DNER)- 

licensed commercial fisherman is 

assumed for the purposes of this RFA 

analysis to represent a unique 

commercial fishing business, and all 

active commercial fishing businesses in 

Puerto Rico are small, based on the 

NMFS size standard. 

Not all of Puerto Rico’s active 

commercial fishing businesses operate 

in Federal waters. From 2014 through 

2019, an average of 309 (38.8 percent) of 

the 796 annually active commercial 

fishermen reported that they operated in 

Federal waters. Consequently, the 

proposed regulatory action would apply 

to 309 small commercial fishing 

businesses in Puerto Rico. 

From 2014 through 2019, the USVI 

commercial fishery as a whole generated 

average annual revenues of $4.71 

million. Therefore, all commercial 

fishing businesses in the USVI (St. 

Croix, St. Thomas, and St. John) are 

small, based on the NMFS size standard. 

From 2014 through 2019, there was an 

annual average of 59 active commercial 

fishermen in St. Croix and 67 in St. 

Thomas and St. John, for a total of 126 

active commercial fishermen in the 

USVI. Each of the 126 active 

commercial fishermen represents a 

unique small commercial fishing 

business. The average active small St. 

Croix commercial fisherman had annual 

revenue from all landings of 

approximately $33,800, while the 

average active small St. Thomas and St. 

John commercial fisherman had annual 

revenue from all landings of 

approximately $39,000. Annual 

revenue, however, varies considerably 

by active fisherman. The maximum 

average annual revenue among the 

active St. Croix commercial fishermen 

was about $376,000, while the 

minimum average annual revenue was 

$315. The maximum average annual 

revenue for any of the St. Thomas and 

St. John commercial fishermen was 

about $239,000, while the minimum 

average annual revenue was $22. 

Thirty-seven (62.3 percent) of St. 

Croix’s average annual 59 active 

commercial fishermen and 48 (67.0 

percent) of St. Thomas and St. John’s 

average annual 67 active commercial 

fishermen operated in Federal waters 

from 2014 through 2019. Because this 

proposed rule directly affects 

commercial fishermen who operate in 

U.S. Caribbean Federal waters, it would 

apply to 85 USVI commercial fishing 

businesses: 37 active small commercial 

fishing businesses in St. Croix and 48 

active small commercial fishing 

businesses in St. Thomas and St. John. 

However, from 2001 to September 2021, 

there was a moratorium on new 

commercial fishing licenses issued by 

the USVI’s Department of Planning and 

Natural Resources (DPNR). In 

September 2021, the DPNR ended the 

20-year old commercial fishing license 

moratorium. The decision to remove the 

moratorium was made, in part, after 

examining the 40 percent decrease in 

participation in the commercial fishery 

since 2001. The lifting of the 

moratorium does not mean there is no 

limit on the number of new licenses; the 

cap is 200 for St. Croix and 200 for St. 

Thomas and St. John. In October 2021, 

a limited entry license program for 

hook-and-line fishing was created by the 

DPNR to allow entry for fishers who 

were not able to commercially fish 

during the 20-year moratorium. Sixtysix new commercial fishing licenses 


ddrumheller on DSK120RN23PROD with PROPOSALS1
79496 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 

were granted for the 2022–2023 fishing 

year. Every newly licensed fisherman is 

expected to represent a small business. 

If all of the 66 newly licensed 

commercial fishermen are active, all 

operate in Federal waters, and all are 

small businesses, a total of 151 small 

commercial fishing businesses in the 

USVI would be directly affected by the 

proposed rule. 

In summary, estimated averages of 

309 small commercial fishing 

businesses in Puerto Rico and from 85 

to 151 small commercial fishing 

businesses in the USVI would be 

directly affected by this proposed rule 

annually. 

The proposed prohibitions and 

restrictions on the use of net gear (trawl, 

gillnet, trammel, and purse seine) in 

Federal waters would apply to charter 

(for-hire) fishing businesses that take 

anglers into U.S. Caribbean Federal 

waters. However, charter (for-hire) 

fishing businesses do not harvest fish 

with any of the types of net gear that 

would be affected by this proposed rule. 

Most, if not all, charter (for-hire) fishing 

businesses that operate in U.S. 

Caribbean Federal waters sell billfish, 

coastal pelagics, reef fish, or deep-water 

species angler trips, and all anglers are 

provided rod-and-reel gear. Therefore, 

no charter (for-hire) fishing businesses 

would be directly affected by the 

proposed changes to allowable gear 

types in Federal waters. The proposed 

requirement that a descending device be 

on board a commercial or recreational 

vessel and be readily available for use 

while fishing for or possessing federally 

managed reef fish in Federal waters 

would directly affect charter (for-hire) 

fishing businesses that take anglers into 

U.S. Caribbean Federal waters where 

they may catch reef fish. 

A business involved in the operation 

of a charter (for-hire) fishing boat is 

included within the broader scenic and 

sightseeing transportation, water 

industry (NAICS code 487210). Charter 

(for-hire) fishing operations make up 

just part of the broader industry, which 

includes dinner cruises, whale watching 

excursions, and harbor and other 

sightseeing boat tours, among other 

businesses. A business primarily 

involved in scenic and sightseeing 

transportation, water industry 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 no more 

than $14 million for all of its affiliated 

operations worldwide. In 2021, there 

were 16 establishments in Puerto Rico 

classified under NAICS 487210, and 18 

such establishments in the USVI (U.S. 

Census Bureau, County Business 

Patterns 2021). All but one in the USVI 

were located in St. Thomas and St. John. 

This analysis assumes all 16 

establishments in Puerto Rico and all 18 

in the USVI are unique charter (for-hire) 

fishing business and all are small. 

Information that is more recent shows 

there were 58 valid charter (for-hire) 

vessel permits issued by the Puerto Rico 

DNER in 2023. Therefore, NMFS 

assumes 16 to 58 small charter (for-hire) 

fishing businesses in Puerto Rico, one 

small charter (for-hire) fishing business 

in St. Croix, and 17 small charter (forhire) fishing businesses in St. Thomas 

and St. John would be directly affected 

by the descending device requirement of 

the proposed rule. No other small 

entities that would be directly affected 

by this proposed rule have been 

identified. 

This proposed rule would prohibit the 

use of trawl gear in all fisheries in 

Federal waters around Puerto Rico, St. 

Croix, St. Thomas, and St. John. Under 

current regulations, trawls are not an 

authorized gear type for federallymanaged reef fish fisheries, pelagic 

species fisheries, or spiny lobster 

fisheries (50 CFR 600.725 (v)). Trawl 

gear is also not an authorized gear type 

for pelagic fisheries that are not 

managed by the Council; however, it is 

an authorized gear for other fisheries 

that are not managed by the Council. An 

unauthorized gear is not a prohibited 

gear. Although trawl gear is not 

authorized for use in federally-managed 

fisheries, a commercial fisherman could 

petition the Council to use it when 

harvesting federally-managed species in 

the future. This proposed rule would 

eliminate any such future petitions to 

use trawl gear in any fishery located in 

Federal waters around Puerto Rico, St. 

Croix, St. Thomas, and St. John. It 

would also eliminate trawl gear as an 

authorized gear for use in other 

commercial fisheries that are not 

managed by the Council. 

Puerto Rico territorial fishing 

regulations prohibit the use of trawl nets 

and there is no evidence that the 

commercial sector in Puerto Rico uses 

(or has used) trawl gear, except for 

exploratory research in U.S. Caribbean 

Federal waters. Additionally, both 

bottom trawling and midwater trawling 

are likely cost prohibitive activities for 

the U.S. Caribbean’s small-scale 

(artisanal) commercial fishing 

businesses. The USVI do not have 

specific regulations prohibiting the use 

of trawling gear in territorial waters off 

of St. Croix, St. Thomas, and St. John, 

and there is no evidence that trawling 

gear is or has been used by commercial 

fishermen in Federal waters around 

these islands. For these reasons, there is 

expected to be no economic impact on 

any small business in the U.S. 

Caribbean from the proposed 

prohibition on the use of trawl gear in 

Federal waters around Puerto Rico, St. 

Croix, St. Thomas, and St. John. 

This proposed rule would also 

prohibit the use of gillnets in Federal 

waters around Puerto Rico, St. Croix, St. 

Thomas, and St. John for all federally 

managed fisheries, and limit the use of 

gillnets in non-federally managed 

fisheries located in Federal waters 

around Puerto Rico, St. Croix, St. 

Thomas, and St. John to gillnets that 

meet the following specifications and 

requirements: (a) mesh size of the gillnet 

must be exactly 0.75 inches (1.9 

centimeters) square or 1.5 inches (3.8 

centimeters) stretched; (b) one gillnet up 

to 600 feet (182.9 meters) in length is 

allowed on board a vessel; (c) the gillnet 

must be used 20 feet (6.1 meters) or 

more above the bottom; and (d) the 

gillnet must be tended at all times. 

Under current Federal regulation, 

gillnets are prohibited when fishing for 

federally-managed reef fish or spiny 

lobster around Puerto Rico (50 CFR 

622.437 (a)(3) and (c)(2)), St. Croix (50 

CFR 622.477(a)(3) and (c)(2)), and St. 

Thomas and St. John (50 CFR 

622.512(a)(3) and (c)(2)). Gillnets are an 

authorized gear for federally-managed 

pelagic fisheries and other fisheries not 

managed by the Council (e.g., other 

pelagics and baitfish, such as ballyhoo 

or flying fish). 

Puerto Rico fishing regulations 

(Article 14, parts f and g) prohibit the 

use of gillnets with less than 2 inches 

(5.1 centimeters) from knot to knot or 

with a mesh size greater than 6 inches 

(15.2 centimeters). An annual average of 

121 of Puerto Rico’s commercial 

fishermen reported using gillnets in 

territorial waters from 2014 through 

2019, and 16 (13.2 percent) of them 

used gillnets in Federal waters. Annual 

landings (2014 through 2019) from the 

use of gillnets in all waters averaged 

122,100 pounds (lb; 55,338.6 kilograms 

[kg]). During this period, an annual 

average of 10 gillnet fishermen landed 

1,900 lb (861.8 kg) of federally managed 

species from Federal waters that were 

not reef fish or spiny lobster. The 1,900 

lb (861.8 kg) of landed fish represent 

approximately 0.1 percent of all 

reported marine resources landed by 

weight and by value, and the 10 

fishermen represent 1.3 percent of the 

average 796 commercial fishermen with 

annual landings from all waters or 3.2 

percent of the 309 commercial fishing 

businesses that reported fishing in 

Federal waters around Puerto Rico. The 

average fisherman who uses gillnet gear 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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generates annual revenue of 

approximately $41,000, which is 

significantly higher than the average 

revenue for fishermen that use any gear. 

The proposed restrictions on the use of 

gillnets in Federal waters around Puerto 

Rico would be expected to affect 10 

commercial fishing businesses and 

result in an average annual loss in 

landings per business of 190 lb (86.2 

kg), worth $670 (approximately 1.6 

percent of the average gillnet 

fisherman’s annual revenue). This 

individual annual loss would be 

expected to occur over three to four 

trips with a reduction in revenue of 

$168 to $223 per trip. NMFS expects 

that these fishermen would act to 

mitigate for the loss by shifting those 

trips into territorial waters where about 

97 percent of gillnet harvests occur. 

USVI regulations (V.I.R.R., title 12, 

chapter 9A, section 321) prohibit the 

use of all gillnets in territorial waters, 

with the exception of single-wall surface 

gillnets for the baitfish ballyhoo (Family 

Hemiramphidae), gar (Family 

Belonidae), and flying fish (Family 

Exocoetidae). These USVI-allowed 

surface gillnets must be tended at all 

times, and possession of an illegal 

gillnet on board a vessel is prohibited in 

USVI waters. Any commercial fishing 

vessel that operates in Federal waters 

must pass through USVI waters to make 

its landings in St. Croix, St. Thomas, or 

St. John. From this it follows that 

gillnets that may be currently used in 

Federal waters off St. Croix, St. Thomas, 

and St. John must comply with USVI 

regulations and be limited to catching 

baitfish. Therefore, the proposed 

restrictions on the use of gillnets in 

Federal waters around St. Croix, St. 

Thomas, and St. John would be 

expected to have no economic impact 

on any small businesses. 

In addition to the changes mentioned 

above, this proposed rule would 

prohibit the use of trammel nets in all 

fisheries located in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John. Under current 

regulations, the use of trammel nets is 

prohibited in the reef fish and spiny 

lobster fisheries located in Federal 

waters around Puerto Rico, St. Croix, 

and St. Thomas and St. John, and they 

are not an authorized gear for any 

fishery in U.S. Caribbean Federal 

waters. Although not authorized, a 

commercial fisherman can petition the 

Council to use trammel nets in Federal 

waters around Puerto Rico, St. Croix, 

and St. Thomas and St. John, when 

fishing in fisheries other than reef fish 

or spiny lobster. However, to date, there 

have been no petitions to use trammel 

nets in Federal waters around Puerto 

Rico or the USVI. Trammel nets are 

used in Puerto Rico territorial waters to 

fish for managed species such as spiny 

lobsters and mackerels. In comparison, 

USVI regulations prohibit the use of 

trammel nets in territorial waters, and 

possession of trammel nets on board 

vessels in territorial waters is prohibited 

(V.I.R.R., title 12, chapter 9A, section 

321). Any small business in St. Croix, 

St. Thomas, and St. John that operates 

a commercial fishing vessel in Federal 

waters must pass through territorial 

waters to make its landings in the USVI 

and would need to comply with USVI 

regulations. Therefore, there is no 

incentive for small commercial fishing 

businesses in the USVI to petition the 

Council for the use of trammel nets in 

Federal waters. In summary, the 

proposed action to prohibit the use of 

trammel nets in Federal waters around 

Puerto Rico and the USVI is expected to 

have no economic impact on any small 

businesses. 

This proposed rule would also 

prohibit the use of purse seines for all 

fishing in Federal waters around Puerto 

Rico, St. Croix, St. Thomas, and St. 

John. Purse seines are not an authorized 

gear under current Federal regulation, 

but a commercial fisherman can petition 

the Council to use a purse seine in U.S. 

Caribbean Federal waters. To date, there 

have been no such petitions. Therefore, 

the proposed prohibition on the use of 

purse seines in Federal waters around 

Puerto Rico, St. Croix, St. Thomas, and 

St. John is expected to have no 

economic impact on any small 

businesses. 

Finally, this proposed rule would 

require a descending device to be on 

board a commercial or recreational 

vessel and be readily available for use 

while fishing for or possessing federally 

managed reef fish in Federal waters 

around Puerto Rico, St. Croix, and St. 

Thomas and St. John. A descending 

device means an instrument to which is 

attached a minimum of a 16-ounce (454- 

gram) weight and a length of line that 

will release the fish at the depth from 

which the fish was caught or a 

minimum of 60 feet (18.3 meters). The 

descending device attaches to the fish’s 

mouth or is a container that will hold 

the fish. The device must be capable of 

releasing the fish automatically, by the 

actions of the operator of the device, or 

by allowing the fish to escape on its 

own. Since minimizing surface time is 

critical to increasing survivability, a 

descending device shall be readily 

available for use while engaged in 

fishing for managed reef fish in Federal 

waters. A descending device can be 

either purchased from a fishing supplies 

business or made at home. The price of 

a commercially available descending 

device ranges from $21 to $60. The cost 

of a homemade device can be negligible, 

depending on the availability of 

materials at hand and the time spent 

building such a device. For example, 

one can make a descending device from 

a milk crate or heavy gauge aluminum 

wire with a weight. Therefore, the cost 

of a descending device is estimated to 

range from $0 to $60. 

From 2014 through 2019, an annual 

average of 719 (90.2 percent of active) 

commercial fishermen in Puerto Rico 

reported landings of reef fish and 222 of 

them reported landings of reef fish 

harvested from Federal waters. 

Therefore, the proposed requirement 

that a descending device be on board a 

commercial or recreational vessel and 

readily available for use while fishing 

for or possessing federally managed reef 

fish in Federal waters would have an 

average annual direct impact on at least 

222 small commercial fishing 

businesses in Puerto Rico. However, 

some commercial fishermen who have 

not historically reported landings of reef 

fish from Federal waters may choose to 

do so in the future, and thus, would be 

required to have a descending device. 

As discussed earlier, an annual average 

of 309 commercial fishermen reported 

landings from Federal waters. Therefore, 

a range of 222 to 309 small commercial 

fishing businesses in Puerto Rico would 

be directly affected by the proposed 

descending device requirement. 

As stated previously, 37 of St. Croix’s 

commercial fishermen and 48 of St. 

Thomas and St. John’s commercial 

fishermen reported landings of marine 

resources harvested from Federal waters 

from 2014 through 2019, and NMFS 

assumes that all of these commercial 

fishermen may catch reef fish in Federal 

waters. Additionally, there were 66 new 

commercial hook-and-line fishing 

licenses issued by the USVI’s DPNR for 

the 2022–2023 fishing year in the USVI. 

Therefore, 85 to 151 small commercial 

fishing businesses in the USVI would be 

directly affected by the proposed 

descending device requirement. 

In addition, 16 to 58 small charter 

(for-hire) fishing businesses in Puerto 

Rico, one small charter (for-hire) fishing 

business in St. Croix, and 17 small 

charter (for-hire) fishing businesses in 

St. Thomas and St. John would be 

directly affected by the proposed 

descending device requirement. 

The cost of a descending device 

represents from 0.0 to 0.87 percent of 

the average annual revenue of the 

average small commercial fishing 

business in Puerto Rico. Similarly, it 

represents from 0.0 to 0.2 percent of the 

average annual revenue generated by a 


ddrumheller on DSK120RN23PROD with PROPOSALS1
79498 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 

small commercial fishing business in 

the USVI (St. Croix or St. Thomas and 

St. John). Revenue information for 

individual charter (for-hire) fishing 

businesses is not available to make a 

similar comparison. NMFS assumes, 

however, that all small commercial 

fishing businesses and charter (for-hire) 

fishing businesses would choose the 

least costly device (retail or homemade) 

when factoring in explicit and implicit 

costs, and, therefore, the economic 

impact on each affected small entity 

from the proposed descending device 

requirement would be negligible. 

In summary, the proposed 

prohibitions on the use of trawl gear, 

trammel nets, and purse seines in 

Federal waters off Puerto Rico, St. Croix, 

and St. Thomas and St. John would be 

expected to result in no or minimal 

economic impacts on affected small 

entities. The proposed restrictions on 

the use of gillnets in U.S. Caribbean 

Federal waters would be expected to 

negatively impact 10 commercial fishing 

businesses in Puerto Rico, by reducing 

annual ex-vessel revenue by $670 per 

vessel (approximately 1.6 percent of the 

average gillnet fisherman’s annual 

revenue). These 10 commercial fishing 

businesses comprise approximately 1.3 

percent of all commercial fishing 

businesses in Puerto Rico and 3.2 

percent of the commercial fishing 

businesses that reported fishing in 

Federal waters around Puerto Rico. 

Furthermore, NMFS expects that these 

fishermen would act to mitigate for the 

loss by shifting forgone trips into 

territorial waters where about 97 

percent of harvest with gillnets occur. 

No other impacts are expected from the 

proposed gillnet restrictions. Finally, 

the proposed descending device 

requirement is expected to result in 

negligible costs to affected small 

commercial fishing businesses and 

charter (for-hire) fishing businesses. In 

conclusion, the information provided 

above supports a determination that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. As 

a result, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects 

50 CFR Part 600 

Caribbean, Fish, Fisheries, Fishing. 

50 CFR Part 622 

Caribbean, Commercial, Fisheries, 

Fishing, Fishing gear, Recreational. 

Dated: September 20, 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 parts 600 and 622 as follows: 

PART 600—MAGNUSON–STEVENS 

ACT PROVISIONS 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: 5 U.S.C. 561 and 16 U.S.C. 

1801 et seq. 

■ 2. In § 600.725(v), in the table under 

heading V. Caribbean Fishery 

Management Council, revise the entries 

for 1.B.i, 1.G, 2.B.i, 2.G, 3.B.i, and 3.G 

to read as follows: 

§ 600.725 General prohibitions. 

* * * * * 

(v) * * * 

Fishery Authorized gear types 

*******

V. Caribbean Fishery Management Council 

1. Exclusive Economic Zone around Puerto Rico.

* * * * * * * 

B. Puerto Rico Pelagic Fishery (FMP): 

i. Commercial fishery ......................................................................... i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and 

reel. 

* * * * * * * 

G. Puerto Rico Commercial Fishery (Non-FMP) ...................................... Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, 

gillnet, cast net, spear. 

* * * * * * * 

2. Exclusive Economic Zone around St. Croix.

* * * * * * * 

B. St. Croix Pelagic Fishery (FMP): 

i. Commercial fishery ......................................................................... i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and 

reel. 

* * * * * * * 

G. St. Croix Commercial Fishery (Non-FMP) ........................................... Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, 

gillnet, cast net, spear. 

* * * * * * * 

3. Exclusive Economic Zone around St. Thomas and St. John.

* * * * * * * 

B. St. Thomas and St. John Pelagic Fishery (FMP): 

i. Commercial fishery ......................................................................... i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and 

reel. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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Fishery Authorized gear types 

*******

G. St. Thomas and St. John Commercial Fishery (Non-FMP) ................ Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, 

gillnet, cast net, spear. 

* * * * * * * 

* * * * * 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 3. The authority citation for part 622 

continues to read as follows: 

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

■ 4. In § 622.437: 

■ a. Revise the section heading; 

■ b. Revise the introductory text; 

■ c. Revise paragraph (a); 

■ d. Add paragraph (b); 

■ e. Revise paragraph (c)(2); and 

■ f. Add paragraph (d). 

The revisions and additions read as 

follows: 

§ 622.437 Prohibited and required gear 

and methods. 

Trawl, trammel net, and purse seine 

gear are prohibited for use to fish in the 

EEZ around Puerto Rico. Also see 

§ 622.9 for additional prohibited gear 

and methods that apply more broadly to 

multiple fisheries or in some cases all 

fisheries. 

(a) Reef fish means the species as 

defined in § 622.431. 

(1) Poisons. A poison, drug, or other 

chemical may not be used to fish for reef 

fish in the EEZ around Puerto Rico. 

(2) Powerheads. A powerhead may 

not be used in the EEZ around Puerto 

Rico to fish for reef fish. 

(3) Gillnets. A gillnet may not be used 

in the EEZ around Puerto Rico to fish 

for reef fish. 

(4) Descending device. At least one 

descending device is required to be on 

a vessel and be ready for use while 

fishing for or possessing reef fish. 

Descending device means an instrument 

capable of releasing the fish at the depth 

from which the fish was caught, and to 

which is attached a minimum of 16 

ounces (454 grams) of weight and a 

minimum of a 60-foot (ft; 18.3-m) length 

of line. The descending device may 

either attach to the fish’s mouth or be 

a container that will retain the fish 

while it is lowered to depth. The device 

must be capable of releasing the fish 

automatically, by actions of the operator 

of the device, or by allowing the fish to 

escape on its own when at depth. 

(b) Pelagic fish means the species as 

defined in § 622.431. A gillnet may not 

be used in the EEZ around Puerto Rico 

to fish for pelagic fish. 

(c) * * * 

(2) Gillnets. A gillnet may not be used 

in the EEZ around Puerto Rico to fish 

for spiny lobster. 

(d) Gillnet restrictions. A gillnet may 

be used by commercial fishermen in the 

EEZ around Puerto Rico to fish for 

species not listed in § 622.431 if the 

gillnet meets the following 

requirements: 

(1) At all times when the gear is in the 

water, a gillnet must be tended or 

supervised by the fisherman that 

deployed the gear. 

(2) The mesh size must be exactly 

0.75 inches (1.9 cm) square or 1.5 inches 

(3.8 cm) stretched. 

(3) No more than one gillnet is 

allowed on board a vessel, counting any 

gear on the vessel and in the water. 

(4) The maximum length of a gillnet 

measured at the head rope, foot rope, or 

float line cannot exceed 600 ft (182.9 

m). 

(5) When a gillnet is deployed in the 

water, the floats or buoys attached to the 

gillnet (head rope or float line) must 

maintain contact with the surface at all 

times, and the gillnet must not be used 

within 20 ft (6.1 m) of the bottom and 

must not be anchored to the bottom. 

■ 5. In § 622.477: 

■ a. Revise the section heading; 

■ b. Revise the introductory text; 

■ c. Revise paragraph (a); 

■ d. Add paragraph (b); 

■ e. Revise paragraph (c)(2); and 

■ f. Add paragraph (d). 

The revisions and additions read as 

follows: 

§ 622.477 Prohibited and required gear 

and methods. 

Trawl, trammel net, and purse seine 

gear are prohibited for use to fish in the 

EEZ around St. Croix. Also see § 622.9 

for additional prohibited gear and 

methods that apply more broadly to 

multiple fisheries or in some cases all 

fisheries. 

(a) Reef fish means the species as 

defined in § 622.471. 

(1) Poisons. A poison, drug, or other 

chemical may not be used to fish for reef 

fish in the EEZ around St. Croix. 

(2) Powerheads. A powerhead may 

not be used in the EEZ around St. Croix 

to fish for reef fish. 

(3) Gillnets. A gillnet may not be used 

in the EEZ around St. Croix to fish for 

reef fish. 

(4) Descending device. At least one 

descending device is required to be on 

a vessel and be ready for use while 

fishing for or possessing reef fish. 

Descending device means an instrument 

capable of releasing the fish at the depth 

from which the fish was caught, and to 

which is attached a minimum of 16 

ounces (454 grams) of weight and a 

minimum of a 60-foot (ft; 18.3-m) length 

of line. The descending device may 

either attach to the fish’s mouth or be 

a container that will retain the fish 

while it is lowered to depth. The device 

must be capable of releasing the fish 

automatically, by actions of the operator 

of the device, or by allowing the fish to 

escape on its own when at depth. 

(b) Pelagic fish means the species as 

defined in § 622.471. A gillnet may not 

be used in the EEZ around St. Croix to 

fish for pelagic fish. 

(c) * * * 

(2) Gillnets. A gillnet may not be used 

in the EEZ around St. Croix to fish for 

spiny lobster. 

(d) Gillnet restrictions. A gillnet may 

be used by commercial fishermen in the 

EEZ around St. Croix to fish for species 

not listed in § 622.471 if the gillnet 

meets the following requirements: 

(1) At all times when the gear is in the 

water, a gillnet must be tended or 

supervised by the fisherman that 

deployed the gear. 

(2) The mesh size must be exactly 

0.75 inches (1.9 cm) square or 1.5 inches 

(3.8 cm) stretched. 

(3) No more than one gillnet is 

allowed on board a vessel, counting any 

gear on the vessel and in the water. 

(4) The maximum length of a gillnet 

measured at the head rope, foot rope, or 

float line cannot exceed 600 ft (182.9 

m). 

(5) When a gillnet is deployed in the 

water, the floats or buoys attached to the 

gillnet (head rope or float line) must 

maintain contact with the surface at all 

times, and the gillnet must not be used 

within 20 ft (6.1 m) of the bottom and 

must not be anchored to the bottom. 

* * * * * 

■ 6. In § 622.512: 

■ a. Revise the section heading; 

■ b. Revise the introductory text; 

■ c. Revise paragraph (a); 

■ d. Add paragraph (b); 

■ e. Revise paragraph (c)(2); and 

■ f. Add paragraph (d). 


ddrumheller on DSK120RN23PROD with PROPOSALS1
79500 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 

The revisions and additions read as 

follows: 

§ 622.512 Prohibited and required gear 

and methods. 

Trawl, trammel net, and purse seine 

gear are prohibited for use to fish in the 

EEZ around St. Thomas and St. John. 

Also see § 622.9 for additional 

prohibited gear and methods that apply 

more broadly to multiple fisheries or in 

some cases all fisheries. 

(a) Reef fish means the species as 

defined in § 622.506. 

(1) Poisons. A poison, drug, or other 

chemical may not be used to fish for reef 

fish in the EEZ around St. Thomas and 

St. John. 

(2) Powerheads. A powerhead may 

not be used in the EEZ around St. 

Thomas and St. John to fish for reef fish. 

(3) Gillnets. A gillnet may not be used 

in the EEZ around St. Thomas and St. 

John to fish for reef fish. 

(4) Descending device. At least one 

descending device is required to be on 

a vessel and be ready for use while 

fishing for or possessing reef fish. 

Descending device means an instrument 

capable of releasing the fish at the depth 

from which the fish was caught, and to 

which is attached a minimum of 16 

ounces (454 grams) of weight and a 

minimum of a 60-foot (ft; 18.3-m) length 

of line. The descending device may 

either attach to the fish’s mouth or be 

a container that will retain the fish 

while it is lowered to depth. The device 

must be capable of releasing the fish 

automatically, by actions of the operator 

of the device, or by allowing the fish to 

escape on its own when at depth. 

(b) Pelagic fish means the species as 

defined in § 622.506. A gillnet may not 

be used in the EEZ around St. Thomas 

and St. John to fish for pelagic fish. 

(c) * * * 

(2) Gillnets. A gillnet may not be used 

in the EEZ around St. Thomas and St. 

John to fish for spiny lobster. 

(d) Gillnet restrictions. A gillnet may 

be used by commercial fishermen in the 

EEZ around St. Thomas and St. John to 

fish for species not listed in § 622.506 if 

the gillnet meets the following 

requirements: 

(1) At all times when the gear is in the 

water, a gillnet must be tended or 

supervised by the fisherman that 

deployed the gear. 

(2) The mesh size must be exactly 

0.75 inches (1.9 cm) square or 1.5 inches 

(3.8 cm) stretched. 

(3) No more than one gillnet is 

allowed on board a vessel, counting any 

gear on the vessel and in the water. 

(4) The maximum length of a gillnet 

measured at the head rope, foot rope, or 

float line cannot exceed 600 ft (182.9 

m). 

(5) When a gillnet is deployed in the 

water, the floats or buoys attached to the 

gillnet (head rope or float line) must 

maintain contact with the surface at all 

times, and the gillnet must not be used 

within 20 ft (6.1 m) of the bottom and 

must not be anchored to the bottom. 

[FR Doc. 2024–22243 Filed 9–27–24; 8:45 am] 

BILLING CODE 3510–22–P 


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