`[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Proposed Rules]
[Pages 102100-102103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29569]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 241210-0322]
RIN 0648-BN22


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plan of Puerto Rico; Triggerfish Management Measures

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 
Framework Action 3 under the Fishery Management Plan (FMP) for Puerto 
Rico (Framework Action 3). If implemented, this proposed rule would 
modify the annual catch limits (ACLs) for the triggerfish stock complex 
in Federal waters off Puerto Rico. The purpose of this proposed rule 
and Framework Action 3 is to update management reference points for the 
triggerfish stock complex under the Puerto Rico FMP consistent with the 
most recent stock assessment to prevent overfishing and achieve optimum 
yield (OY).

DATES: Written comments must be received by January 16, 2025.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0105. You may 
submit comments on this document, identified by ``NOAA-NMFS-2024-0105'' 
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 enter ``NOAA-NMFS-2024-0105'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit all 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).
    Electronic copies of Framework Action 3, which includes 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/framework-action-3-puerto-rico-fishery-management-plan-modification-status-determination.

FOR FURTHER INFORMATION CONTACT: Maria Lopez-Mercer, NMFS Southeast 
Regional Office, 727-824-5305, [email protected].

SUPPLEMENTARY INFORMATION: The triggerfish stock complex in the Federal 
waters off Puerto Rico consists of ocean triggerfish, gray triggerfish 
and queen triggerfish, and is managed under the Puerto Rico FMP. The 
Puerto Rico FMP was prepared by the Caribbean Fishery Management 
Council (Council), approved by the Secretary of Commerce, and is 
implemented by NMFS 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 regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the OY 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 Council and NMFS manage fisheries in Federal waters around 
Puerto Rico under the Puerto Rico FMP. The Puerto Rico FMP was approved 
by the Secretary of Commerce on September 22, 2020, along with the St. 
Croix and St. Thomas and St. John FMPs, under section 304(a)(3) of the 
Magnuson-Stevens Act. NMFS published the final rule in the Federal 
Register to implement the Puerto Rico FMP on September 13, 2022 (87 FR 
56204), which, among other measures, included the current ACL values 
for the triggerfish stock complex in Puerto Rico. The Puerto Rico FMP 
contains management measures applicable for Federal waters off Puerto 
Rico, which extend seaward from 9 nautical miles (nmi; 16.7 kilometers) 
from shore to the offshore boundary of the U.S. Caribbean exclusive 
economic zone.
    The Puerto Rico FMP established status determination criteria (SDC) 
and other management reference points for triggerfish species under 
Federal management in Federal waters off Puerto Rico. In the Puerto 
Rico FMP, the triggerfish stock complex contains queen triggerfish, 
ocean triggerfish, and gray triggerfish. Queen triggerfish is the 
indicator stock for the complex because of the limited information 
(e.g., landings) available for ocean and gray triggerfish. Thus, 
management measures, SDC, and other reference points are based on 
landings of queen triggerfish only, but apply to the entire complex.
    The Puerto Rico FMP applies a four-tiered acceptable biological 
catch (ABC) control rule depending on differing levels of data 
availability. Each tier specifies SDC, such as the maximum fishing 
mortality threshold (MFMT), minimum stock size threshold (MSST), and 
overfishing limit (OFL), or OFL proxy, and other reference points such 
as the maximum sustainable yield (MSY), or MSY proxy, and ABC. Under

[[Page 102101]]

the ABC control rule, tier 1 applies to stocks with the most data 
available, and each subsequent tier operates with less available data 
than the preceding tier. Tier 4, the final tier, is the most data 
limited and applies when no accepted quantitative assessment is 
available. Tier 4 contains two sub-tiers, tier 4a and tier 4b, which 
are based on an understanding of the stock's vulnerability to fishing 
pressure. Tier 4a applies when the stock's vulnerability to fishing 
pressure is relatively low or moderate, while tier 4b applies to stocks 
with a high vulnerability to fishing pressure.
    In the Puerto Rico FMP, the triggerfish stock complex is considered 
a tier 4a stock and the MSY proxy, MFMT, and MSST were defined, but as 
a result of data limitations, were not quantified. Similarly, the OFL 
for the triggerfish stock complex could not be quantified in the Puerto 
Rico FMP and a new reference point, the sustainable yield level (SYL), 
was quantified and used as the OFL proxy. The SYL is a level of 
landings that can be sustained by a stock over the long-term. For the 
triggerfish stock complex, the Council's Scientific and Statistical 
Committee (SSC) derived the ABC from the SYL, and the Council set the 
ACL for the triggerfish stock complex equal to 95 percent of the 
recommended ABC. The total ACL was set equal to OY. Under the Puerto 
Rico FMP, commercial and recreational data were available to establish 
sector-specific ACLs for the triggerfish stock complex, which were 
equal to 91.77 percent and 8.23 percent of the total ACL, respectively.
    All weights described in this proposed rule are in round weight.
    For the triggerfish stock complex, the total ACL is 90,552 pounds 
(lb; 41,073.6 kilograms [kg]), the commercial ACL is 83,099 lb (37,693 
kg), and the recreational ACL is 7,453 lb (3,380.6 kg).
    In 2022, the Southeast Data, Assessment, and Review (SEDAR) stock 
assessment was completed for queen triggerfish in Puerto Rico (SEDAR 
80). SEDAR 80 was reviewed by the Council's SSC and determined to be 
suitable for short-term (i.e., <5 years) management advice. The SSC in 
consultation with NMFS' Southeast Fisheries Science Center (SEFSC) 
determined that SEDAR 80 represented the best scientific information 
available and recommended queen triggerfish (i.e., the triggerfish 
stock complex) be reclassified from a tier 4a stock to a tier 3 stock 
(data limited, accepted assessment available) under the Puerto Rico FMP 
ABC control rule. Under tier 3, if the biomass of the stock goes below 
MSST, the stock would be determined to be overfished and the Council 
would then need to develop a rebuilding plan capable of returning the 
stock to a level that allows the stock to achieve MSY on a continuing 
basis. Additionally, under tier 3, in years when there is a stock 
assessment, the stock would be considered to be undergoing overfishing 
if fishing mortality exceeds the MFMT. This level of fishing mortality, 
if continued, would reduce the stock biomass to an overfished 
condition. In years in which there is no assessment, the stock complex 
would be considered to be undergoing overfishing if landings exceed the 
OFL.
    Under tier 3, the ABC is derived by reducing the OFL by the SSC's 
scientific uncertainty buffer and reflecting the acceptable probability 
of overfishing determined by the Council (defined as P*). The SSC 
coordinated with the SEFSC to provide OFLs and ABCs for the triggerfish 
stock complex. At the December 2022 Council meeting, the SSC 
recommended both variable and constant OFLs and ABCs for years 2024 to 
2026 for the triggerfish stock complex, with the ABCs across a range of 
P* values. The Council recommended a P* value of 0.4 and the constant 
value OFL and ABC, which are equal to the 3-year average OFLs and ABCs 
from years 2024 to 2026. The total ACL for the triggerfish stock 
complex is then derived by reducing the ABC by the Council's management 
uncertainty buffer.
    Following the SEDAR 80 stock assessment and recommendations from 
the Council's SSC, the Council developed Framework Action 3 to update 
management reference points to prevent overfishing of the triggerfish 
stock complex and achieve OY, consistent with the requirements of the 
Magnuson-Stevens Act. In Framework Action 3, the Council decided to 
recommend a 5 percent management uncertainty buffer and set the total 
ACL for the stock complex equal to 95 percent of the ABC. The Council 
specified commercial and recreational ACLs for the triggerfish stock 
complex using the same sector allocation percentages used under the 
Puerto Rico FMP (91.77 percent of the total ACL for the commercial 
sector and 8.23 percent of the total ACL for the recreational sector). 
Currently, recreational landings in Puerto Rico are not being collected 
by the NMFS' Marine Recreational Information Program, which was 
disrupted by Hurricane Maria in 2017, and has not yet resumed 
operations in Puerto Rico. Therefore, at this time it is not possible 
to revise the sector allocations for the triggerfish complex.

Management Measures Contained in This Proposed Rule

    If implemented, this proposed rule would revise the total, 
commercial, and recreational ACLs for the triggerfish stock complex in 
Federal waters around Puerto Rico. The total ACL for the triggerfish 
stock complex would decrease from 90,552 lb (41,073.6 kg) to 87,220 lb 
(39,562 kg). The commercial ACL for the complex would decrease from 
83,099 lb (37,693 kg) to 80,041 lb (36,306 kg). The recreational ACL 
for the complex would decrease from 7,453 lb (3,380.6 kg) to 7,178 lb 
(3,256 kg).
    The updated ACLs are expected to better protect against the risk of 
overfishing of the stock complex in relation to the current ACLs, thus 
ensuring, to the greatest extent practicable, continued access to the 
resource in future years.

Measures in Framework Action 3 Not Codified in This Proposed Rule

    In addition to the ACL revisions described in this proposed rule 
and consistent with SEDAR 80, Framework Action 3 revises the MFMT, OFL, 
and ABC for the triggerfish stock complex under the Puerto Rico FMP. 
The MFMT, previously not quantified, would be 0.215. The OFL would 
decrease from the SYL (OFL proxy) of 190,636 lb (86,471 kg) to 118,283 
lb (53,652 kg), and the ABC would decrease from 95,318 lb (45,236 kg) 
to 91,810 lb (41,644 kg). Because estimates of the long-term 
recruitment for queen triggerfish assessed in SEDAR 80 are unknown, 
values for the MSY and MSST were not quantified and remain as defined 
under tier 3 of the ABC control rule. The MSY proxy is equal to 30 
percent of the spawning potential ratio, and MSST is equal to 75 
percent of the spawning stock biomass produced when fishing at MSY or 
MSY proxy. The updated management reference points are expected to 
better protect against the risk of overfishing of the stock complex in 
relation to the current reference points, thus ensuring, to the 
greatest extent practicable, continued access to the resource in future 
years.

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 Framework Action 3, the Puerto Rico FMP, 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

[[Page 102102]]

purposes of Executive Order 12866. The Magnuson-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 and record-keeping requirements are 
introduced by this proposed rule. This proposed rule contains no 
information collection requirements under the Paperwork Reduction Act 
of 1995.
    The Chief Counsel for Regulation of the Department of Commerce 
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 certification is as follows. A copy of the 
full analysis is available from NMFS (see ADDRESSES).
    A description of the action, why it is being considered, and the 
objectives of this proposed rule are contained in the SUMMARY section 
of this proposed rule.
    This proposed action directly impacts commercial and recreational 
fishing for queen triggerfish in Federal waters off Puerto Rico. 
Recreational fishers (anglers) are not considered small entities as 
that term is defined in 5 U.S.C. 601(6), whether fishing from charter 
vessels (for-hire), private or leased vessels. Therefore, estimates of 
the number of anglers directly affected by the proposed action and any 
impacts on them are neither required nor assessed here.
    For-hire fishing businesses sell services to recreational fishers 
(anglers). The proposed changes to the total ACL and corresponding 
recreational ACL for queen triggerfish in Puerto Rico would not 
directly alter the services sold by for-hire fishing businesses. Any 
change in demand for these fishing services, and associated economic 
effects, as a result of this action would be a consequence of a change 
in anglers' behavior, secondary to any direct effect on anglers. 
Therefore, the impact on for-hire fishing businesses would be an 
indirect effect of the proposed action.
    The proposed action would directly apply to commercial fishing 
businesses that operate in Federal waters off Puerto Rico. For RFA 
purposes, NMFS has established a small business size standard for 
businesses, including their affiliates, whose primary industry is 
commercial fishing. A business primarily involved in the commercial 
fishing industry (North American Industrial Classification 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 its combined annual receipts are no more than $11 
million for all of its affiliated operations worldwide. None of Puerto 
Rico's commercial fishermen had or have annual revenues that reach that 
figure. As each fisherman is assumed to represent a unique business, 
NMFS concludes that all commercial fishing businesses in Puerto Rico 
are small.
    At the time Framework Action 3 was prepared, the most recent 5-year 
commercial landings data considered to be the best available science 
are from 2015 through 2019. Consequently, estimates of the number of 
small commercial fishing businesses directly affected by the action and 
any impacts on them are based on landings from 2015 through 2019. From 
2015 through 2019, an annual average of 80 (10.2 percent) of Puerto 
Rico's 785 small commercial fishing businesses harvested queen 
triggerfish from Federal and unknown waters. For this proposed rule, 
``unknown waters'' represent an area around Puerto Rico for which the 
jurisdiction, Federal or territorial, was not reported on the 
commercial catch report form.
    Queen triggerfish is part of the triggerfish stock complex, and the 
proposed action would reduce the total ACL for the triggerfish stock 
complex in Puerto Rico from 90,552 lb (41,073.6 kg), to 87,220 lb 
(39,562 kg). This rule would correspondingly reduce the commercial ACL 
for the triggerfish stock complex from 83,099 lb (37,693 kg), to 80,041 
lb (36,306 kg). From 2015 through 2019, annual commercial landings of 
queen triggerfish ranged from 40,437 lb (18,342 kg) to 71,407 lb 
(32,390 kg). From those landings, there is no future expectation that 
any single year or average of multiple years of commercial landings of 
queen triggerfish would reach or exceed the current commercial ACL 
(83,009 lb, (37,693 kg)) or proposed commercial ACL (80,041 lb, (36,306 
kg)). Moreover, although preliminary, the most recent monitoring of 
total triggerfish landings indicates those landings are substantially 
below the current and proposed total ACL. As such, the proposed action 
would not affect small businesses' commercial landings of triggerfish 
in Puerto Rico. Therefore, the proposed rule would have no significant 
impact on a substantial number of small entities.

List of Subjects in 50 CFR Part 622

    Caribbean, Fisheries, Fishing, Reef fish, Triggerfish.

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

     Dated: December 11, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

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

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

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

0
2. In Sec.  622.440, amend paragraphs (a)(1) through (3) by revising 
the table headings and the entries for Triggerfishes for Table 1 to 
Sec.  622.440(a)(1), Table 2 to Sec.  622.440(a)(2), and Table 3 to 
Sec.  622.440(a)(3). The revisions read as follows:


Sec.  622.440  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) * * *
    (1) * * *

[[Page 102103]]



                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                Stock or stock complex
            Family                    and species        Commercial ACL
                                      composition
------------------------------------------------------------------------
 
                              * * * * * * *
Triggerfishes.................  Triggerfish--gray       80,041 lb
                                 triggerfish, ocean      (36,306 kg).
                                 triggerfish, queen
                                 triggerfish \1\.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (2) * * *

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
                                Stock or stock complex
            Family                    and species       Recreational ACL
                                      composition
------------------------------------------------------------------------
 
                              * * * * * * *
Triggerfishes.................  Triggerfish--gray       7,178 lb (3,256
                                 triggerfish, ocean      kg).
                                 triggerfish, queen
                                 triggerfish \1\.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (3) * * *

                       Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
                                Stock or stock complex
            Family                    and species           Total ACL
                                      composition
------------------------------------------------------------------------
 
                              * * * * * * *
Triggerfishes.................  Triggerfish--gray       87,220 lb
                                 triggerfish, ocean      (39,562 kg).
                                 triggerfish, queen
                                 triggerfish \1\.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-29569 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-22-P`