[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Proposed Rules]
[Pages 79492-79500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22243]


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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.

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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:
    <bullet> 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.
    <bullet> 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-and-st-thomas-and-st-john-fishery-management-plans-trawl.

FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, NMFS Southeast 
Regional Office, 727-824-5305, <a href="/cdn-cgi/l/email-protection#c1aca0b3a8a0efadaeb1a4bb81afaea0a0efa6aeb7"><span class="__cf_email__" data-cfemail="cba6aab9a2aae5a7a4bbaeb18ba5a4aaaae5aca4bd">[email protected]</span></a>.

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

Background

    The Magnuson-Stevens Act requires NMFS and the regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems. The

[[Page 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 federally-managed 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 federally-managed 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 non-
managed 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 non-managed 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.

[[Page 79494]]

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 federally-managed 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 non-managed 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 
Magnuson-

[[Page 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. Sixty-six new commercial fishing licenses

[[Page 79496]]

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 (for-
hire) 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 federally-managed 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

[[Page 79497]]

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

[[Page 79498]]

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

0
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.

0
2. In Sec.  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:


Sec.  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-  Automatic reel, bandit gear,
 FMP).                                    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-    Automatic reel, bandit gear,
 FMP).                                    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.
 

[[Page 79499]]

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

* * * * *

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

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

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

0
4. In Sec.  622.437:
0
a. Revise the section heading;
0
b. Revise the introductory text;
0
c. Revise paragraph (a);
0
d. Add paragraph (b);
0
e. Revise paragraph (c)(2); and
0
f. Add paragraph (d).
    The revisions and additions read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.
0
5. In Sec.  622.477:
0
a. Revise the section heading;
0
b. Revise the introductory text;
0
c. Revise paragraph (a);
0
d. Add paragraph (b);
0
e. Revise paragraph (c)(2); and
0
f. Add paragraph (d).
    The revisions and additions read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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.
* * * * *
0
6. In Sec.  622.512:
0
a. Revise the section heading;
0
b. Revise the introductory text;
0
c. Revise paragraph (a);
0
d. Add paragraph (b);
0
e. Revise paragraph (c)(2); and
0
f. Add paragraph (d).

[[Page 79500]]

    The revisions and additions read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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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