[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Proposed Rules]
[Pages 30730-30765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09588]



[[Page 30729]]

Vol. 87

Thursday,

No. 97

May 19, 2022

Part IV





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Parts 600 and 622





Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and 
St. Thomas and St. John; Proposed Rule

Federal Register / Vol. 87 , No. 97 / Thursday, May 19, 2022 / 
Proposed Rules

[[Page 30730]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 622

[Docket No. 220428-0108]
RIN 0648-BD32


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

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 in three new 
fishery management plans (FMPs), as prepared and submitted by the 
Caribbean Fishery Management Council (Council). If finalized, this 
proposed rule would replace regulations implementing the U.S. Caribbean 
region-wide FMPs with regulations implementing the approved island-
based FMPs. The purpose of the island-based FMPs is to update 
management of Federal fisheries in the U.S. Caribbean. NMFS expects 
these management measures would better account for differences among 
the U.S. Caribbean islands with respect to culture, markets, fishing 
gear used, seafood preferences, and ecological impacts.

DATES: Written comments on the proposed rule must be received by June 
21, 2022.

ADDRESSES: You may submit comments on this proposed rule, identified by 
``NOAA-NMFS-2019-0155,'' by either of the following methods:
    <bullet> Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter ``NOAA-NMFS-2019-0155'' 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 Mar[iacute]a del Mar 
L[oacute]pez-Mercer, NMFS Southeast Regional Office, 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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), 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 required fields if you wish to remain anonymous.
    Electronic copies of the island-based FMPs may be obtained from 
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/caribbean-island-based-fishery-management-plans. Each island-based FMP includes an environmental 
assessment (EA), regulatory impact review, and fishery impact 
statement. A Regulatory Flexibility Act (RFA) analysis for each island-
based FMP has also been prepared and is available at the Southeast 
Regional Office website.

FOR FURTHER INFORMATION CONTACT: Mar[iacute]a del Mar L[oacute]pez-
Mercer, NMFS Southeast Regional Office, telephone: 727-824-5305, or 
email: <a href="/cdn-cgi/l/email-protection#a4c9c5d6cdc58ac8cbd4c1dee4cacbc5c58ac3cbd2"><span class="__cf_email__" data-cfemail="107d716279713e7c7f60756a507e7f71713e777f66">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishery 
resources in the U.S. Caribbean exclusive economic zone (EEZ) around 
Puerto Rico, St. Croix, and St. Thomas and St. John through FMPs 
prepared by the Council and NMFS, and through implementing regulations 
promulgated by NMFS at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Background

    The Council and NMFS manage fisheries under its authority under 
four U.S. Caribbean-wide FMPs for Puerto Rico and the U.S. Virgin 
Islands (USVI), which is composed of St. Croix, and St. Thomas and St. 
John. These are the FMPs for the Reef Fish Fishery of Puerto Rico and 
the USVI (Reef Fish FMP), the FMP for the Spiny Lobster Fishery of 
Puerto Rico and the USVI (Spiny Lobster FMP), the FMP for the Queen 
Conch Resources of Puerto Rico and the USVI (Queen Conch FMP), and the 
FMP for the Corals and Reef Associated Plants and Invertebrates of 
Puerto Rico and the USVI (Coral FMP). On September 22, 2020, the 
Secretary of Commerce approved the island-based FMPs under section 
304(a)(3) of the Magnuson-Stevens Act. The island-based FMPs, once 
implemented, would replace the U.S. Caribbean-wide FMPs.
    NMFS finalized regulations to implement the Spiny Lobster FMP in 
1984 (49 FR 50049; December 26, 1984), the Reef Fish FMP in 1985 (50 FR 
34850; August 28, 1985), the Coral FMP in 1995 (60 FR 58221; November 
27, 1995), and the Queen Conch FMP in 1996 (61 FR 65481; December 13, 
1996). Each FMP was amended on several occasions. Under these FMPs and 
implementing regulations, the Council and NMFS manage fisheries in the 
U.S. Caribbean Exclusive Economic Zone (EEZ). However, the Council 
established certain management measures that apply separately within 
Federal waters off Puerto Rico, St. Croix, and St. Thomas and St. John, 
based on the availability of island-specific data. For example, 
Amendment 5 to the Reef Fish FMP and Amendment 2 to the Queen Conch FMP 
(2010 Caribbean Annual Catch Limit Amendment; 76 FR 82404; December 30, 
2011), defined the fishery management boundaries of the U.S. Caribbean 
EEZ around Puerto Rico, St. Croix, and St. Thomas and St. John. Those 
FMP amendments, and later amendments, established separate, island-
specific annual catch limits (ACLs) and accountability measures (AMs) 
for almost all species under management.
    In 2012, the Council initiated public discussion of an island-based 
approach to the management of fisheries in the U.S. Caribbean EEZ to 
address requests from fishermen, fishing community representatives, and 
the governments of Puerto Rico and the USVI that the Council consider 
the differences among the islands when addressing fisheries management 
in the U.S. Caribbean. These entities highlighted the unique 
characteristics of the fishery resources within each island or island 
group, and the communities that are dependent on those resources. For 
example, there are different species that are economically or 
ecologically important in Federal waters around each island or island 
group, and the island-based approach provides a better mechanism to 
identify those species and to establish related management measures for 
those species (e.g., bag limits, trip limits, closed areas, and closed 
seasons). NMFS and the Council expected that the island-based FMPs 
would better account for differences among the U.S. Caribbean islands 
with respect to culture, markets, fishing gear used, seafood 
preferences, and the ecological impacts.
    The Council responded to these public requests by deciding to shift 
from a U.S. Caribbean-wide management approach to an island-based 
management approach, and began developing FMPs for Puerto Rico, St. 
Croix, and St. Thomas and St. John, respectively. The Council's initial 
decision to pursue an island-based management approach was supported

[[Page 30731]]

by an EA completed in 2014, which analyzed transitioning from U.S. 
Caribbean-wide to island-based management. The EA evaluated the impact 
of incorporating the management measures in effect at that time under 
the U.S. Caribbean-wide FMPs into FMPs for different island management 
areas. For example, the Council evaluated subdividing the island 
management zones into a two, three, or four island-group approach. The 
EA provided the public with the potential impacts of such a shift in 
Federal fisheries management in the U.S. Caribbean. Based on the 2014 
EA, the Council proceeded with developing FMPs for three island areas. 
The island-based FMPs are the Comprehensive FMP for the Puerto Rico EEZ 
(Puerto Rico FMP), the Comprehensive FMP for the St. Croix EEZ (St. 
Croix FMP), and the Comprehensive FMP for the St. Thomas and St. John 
EEZ (St. Thomas and St. John FMP). Each of these FMPs is evaluated in 
three additional, separate EAs, which were finalized in 2020.
    On June 26, 2020, NMFS published in the Federal Register a notice 
of availability for the three island-based FMPs and requested public 
comment (85 FR 38350). NMFS received five comments. On September 22, 
2020, the Secretary of Commerce approved the three island-based FMPs 
under section 304(a)(3) of the Magnuson-Stevens Act. NMFS will respond 
to any relevant comments from the notice of availability and this 
proposed rule in any final rule for this action.
    If implemented via this rulemaking, the management measures 
contained in the Puerto Rico FMP, the St. Croix FMP, and the St. Thomas 
and St. John FMP, in combination, would replace management measures in 
the U.S. Caribbean-wide FMPs. The U.S. Caribbean EEZ, also referred to 
as Federal waters, begins 9 nautical miles (nmi) from shore off Puerto 
Rico and 3 nmi from shore off the USVI, and the U.S. Caribbean EEZ 
extends up to 200 nmi from shore, except where the principle of 
equidistance is applied for conformance to the maritime boundaries of 
neighboring nations. Federal waters around Puerto Rico, St. Croix, and 
St. Thomas and St. John are defined as the respective island management 
areas under the island-based FMPs. Each of the island-based FMPs retain 
most of the management measures established under the U.S. Caribbean-
wide FMPs that apply to the respective island management area, 
including seasonal and area closures, minimum size limits, and 
recreational bag limits. The island-based FMPs revise certain 
management measures, such as the species included for Federal 
management, and ACLs and AMs. If finalized, this rule would establish 
regulations specifically applicable to each island management area 
under three separate subparts to 50 CFR part 622, and fisheries 
management would be adapted to the individual characteristics of Puerto 
Rico, St. Croix, and St. Thomas and St. John.

Management Measures Contained in This Proposed Rule

    The island-based FMPs incorporate fishery management measures 
included in the U.S. Caribbean-wide Spiny Lobster, Reef Fish, Queen 
Conch, and Coral FMPs that are applicable to the EEZ around each of the 
island management areas. This proposed rule would reorganize the 
current regulations into island-specific subparts. For example, each 
island-based FMP would retain the aggregate recreational bag limit 
established in the Reef Fish FMP for groupers, snappers, and 
parrotfish, and the regulations would restate the bag limit in each of 
the island-specific subparts, though some species may have been added 
to or removed from management. Restrictions established under the Reef 
Fish FMP that only applied to a particular management area, such as the 
minimum size limits for parrotfish off St. Croix, would be included in 
the St. Croix subpart only. The island-based FMPs revise the list of 
species managed and modify the stock or stock complexes under which 
those species are managed; revise and specify ACLs; establish annual 
catch targets (ACTs) for pelagic stocks; revise AMs; and update the FMP 
framework procedures. These measures would be implemented in 
regulations specific to each island management area. Certain management 
reference points, such as stock and stock complex status determination 
criteria (SDC), are not codified and therefore are not included in this 
proposed rule. Those measures are contained in the island-based FMPs.
    The management measures under each island-based FMP that would be 
implemented by this proposed rule are described in the following 
sections. For each type of management action, information applicable to 
all three island management areas is described first, followed by 
island area-specific modifications, where applicable.

Island-Based Management

    The proposed rule would restructure the regulations at 50 CFR part 
622 from four subparts corresponding to the U.S. Caribbean-wide FMPs 
(Reef Fish, Spiny Lobster, Corals and Reef Associated Plants and 
Invertebrates, and Queen Conch) to three subparts corresponding to 
island-based FMPs (Puerto Rico, St. Croix, and St. Thomas and St. John) 
and would incorporate U.S. Caribbean-wide management measures, as 
appropriate, into the appropriate island-specific subpart. Some of the 
existing management measures that would continue under this proposed 
rule, in the appropriate island-specific subpart, include gear 
identification requirements; areas in the EEZ closed to all fishing or 
closed to fishing for certain species, and during certain times of the 
year; recreational bag limits; restrictions on the sale or purchase of 
some live species for the aquarium trade; size limits for certain 
species; and prohibitions on the harvesting of certain species of 
parrotfish. In addition, this proposed rule would implement other 
management measures in the approved island-based FMPs, as discussed 
further in this proposed rule.

Selection of Species To Be Managed

    The Reef Fish, Spiny Lobster, Queen Conch, and Coral FMPs and the 
regulations implementing those FMPs include 81 species of reef fish, 58 
species of aquarium trade fish, spiny lobster, queen conch, 94 genera 
or species of corals, and 63 genera or species of aquarium trade 
invertebrates (see current Table 1 to appendix A of 50 CFR part 622). 
Each island-based FMP replaces those FMPs within the particular island 
management area and includes a unique list of managed species based on 
the specific characteristics of each island management area. The 
proposed rule would specify the managed species in each island 
management area under the respective island-based FMP. The Council's 
Scientific and Statistical Committee (SSC) and the District Advisory 
Panel from each island management area provided recommendations on the 
criteria used for the Council to select the species for each island-
based FMP. Species for management were determined using five sequential 
criteria, beginning with the criterion to include species in greatest 
need of conservation and management (e.g., overfished, prohibited 
harvest, etc.). After including the species in greatest need of 
conservation and management, the remaining species considered for 
management were those species for which the NMFS Southeast Fisheries 
Science Center's (SEFSC) data indicated that the species had been 
landed in the particular island area.

Puerto Rico Species for Management

    Spiny lobster, queen conch, 63 species of fish, and all species of 
corals,

[[Page 30732]]

sea urchins, and sea cucumbers that occur within the Puerto Rico 
management area are included for management in the Puerto Rico FMP and 
in this proposed rule. Of the 63 species of fish included for 
management, 18 species in the EEZ around Puerto Rico would be new to 
management.

St. Croix Species for Management

    Spiny lobster, queen conch, 43 species of fish, and all species of 
corals, sea urchins, and sea cucumbers that occur within the St. Croix 
management area are included for management in the St. Croix FMP and in 
this proposed rule. Of those 43 species of fish, 2 species in the EEZ 
around St. Croix would be new to management.

St. Thomas and St. John Species for Management

    Spiny lobster, queen conch, 47 species of fish, and all species of 
corals, sea urchins, and sea cucumbers that occur within the St. Thomas 
and St. John management area are included for management in the St. 
Thomas and St. John FMP and in this proposed rule. Of the 47 species of 
fish, 3 species in the EEZ around St. Thomas and St. John would be new 
to management.

Stock Complex Organization and Selection of Indicator Stocks

    After establishing the list of species for management under each 
island-based FMP, the Council determined whether to manage those 
species as individual stocks or in stock complexes. For those managed 
in stock complexes, the Council determined if one or more indicator 
stocks should be assigned to the species groups. An indicator stock is 
a stock with measurable and objective SDC that can be used to help 
manage and evaluate more poorly known stocks that are in a stock 
complex (50 CFR 600.310(d)(2)(ii)(A)). In the island-based FMPs, this 
action resulted in a different organization of stocks than under the 
U.S. Caribbean-wide FMPs. Thus, under the island-based FMPs and this 
proposed rule, a new number of stocks and stock complexes would be 
managed relative to the U.S. Caribbean-wide FMPs.

Puerto Rico Stock Organization

    The Puerto Rico FMP and this proposed rule would manage species as 
18 individual stocks and 19 stock complexes and would include 7 
indicator stocks.

St. Croix Stock Organization

    The St. Croix FMP and this proposed rule would manage species as 13 
individual stocks and 13 stock complexes and would include 6 indicator 
stocks.

St. Thomas and St. John Stock Organization

    The St. Thomas and St. John FMP and this proposed rule would manage 
species as 12 individual stocks and 14 stock complexes and would 
include 9 indicator stocks.

Status Determination Criteria and Other Management Reference Points

    The Magnuson-Stevens Act requires that FMPs specify a number of 
reference points for managed fish stocks, including maximum sustainable 
yield (MSY) or MSY proxy, as well as stock SDC including overfished and 
overfishing thresholds and acceptable biological catch (ABC). These SDC 
and other reference points provide the means to measure the status and 
performance of fisheries relative to established goals.
    The SDC and other management reference points for stocks managed 
under the four U.S. Caribbean-wide FMPs were established by the 2005 
Caribbean Sustainable Fisheries Act Amendment and implementing 
regulations (70 FR 62073; October 28, 2005), and the ABC control rules 
included in the 2010 Caribbean ACL Amendment and Amendment 6 to the 
Reef Fish FMP, Amendment 5 to the Spiny Lobster FMP, Amendment 3 to the 
Queen Conch FMP, and Amendment 3 to the Coral FMP (76 FR 82414; 
December 30, 2011) (2011 Caribbean ACL Amendment).
    The ABC control rule contained in each island-based FMP replaces 
the ABC control rules included in the 2010 Caribbean ACL Amendment and 
2011 Caribbean ACL Amendment, as applicable. The island-based FMPs 
establish SDC and other management reference points for all stocks and 
stock complexes to be included for island-based management. SDC and 
other management reference points were defined following a 3-step 
process.
    Step 1 adopts and applies a 4-tiered ABC control rule to specify 
MSY, SDC, and ABC depending on differing levels of data availability. 
Step 2 establishes a proxy to use when the fishing mortality that would 
produce MSY (F<INF>MSY</INF>) cannot be determined. Step 3 applies a 
reduction factor, reflecting the Council's estimate of management 
uncertainty, to the ABC for each stock or stock complex to specify the 
ACL for the stock or stock complex. The optimum yield (OY) would be set 
equal to the ACL for each stock or stock complex.
    Under the ABC control rule in each island-based FMP, Tier 1 applies 
to stocks with the most data available, while 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. The tiered approached to the ABC 
control rule positions the Council to take advantage of future 
improvements in data and analytical methodologies. The higher tiers of 
the ABC control rule (i.e., 1, 2, or 3) require inputs from a 
quantitative stock assessment, which in turn require additional data 
than was available at the time the island-based FMPs were under 
development. Establishing those tiers now, in anticipation of 
improvements in data, allows the Council to act more quickly when those 
data become available than if the Council adopts an ABC control rule 
that encompasses the Tier 4 process alone.
    In Tier 4, the most data-limited of the options, an MSY proxy and 
maximum fishing mortality threshold (MFMT), are defined with respect to 
assumptions made in Step 2 about fishing mortality rate, but cannot be 
quantified due to data limitations. In addition, Tier 4 introduces a 
new reference point, the sustainable yield level (SYL), which is 
determined under one of two sub-tiers, Tier 4a and Tier 4b, based on 
the SSC's understanding of the stock's vulnerability to fishing 
pressure. Tier 4a is less conservative and is applicable when the stock 
has a relatively low or moderate vulnerability to fishing pressure. 
Tier 4b is more conservative and is applicable when the stock has 
relatively high vulnerability to fishing pressure. The SYL is a 
quantitative estimate of the level of landings that can be sustained 
over the long term. SYL is intended to be used when quantitative 
information with which to set MSY or an MSY proxy based on fishing 
mortality rate is not available. The SYL serves as a proxy for the OFL 
and a minimum estimate of MSY where MSY is greater than or equal to 
SYL. Thus, SYL also is an MSY proxy. The ABC is reduced from the SYL 
depending on the SSC's determination of scientific uncertainty.
    The Council applied this 3-step process to determine SDC and other 
management reference points for all stocks and stock complexes proposed 
for management. When the island-based FMPs were under development, all 
stocks and stock complexes fell under Tier 4 of the ABC control rule 
(Step 1). Under the definitions in Tier 4, the MSY proxy is equal to 
the long-term yield F<INF>MSY</INF> proxy, the MFMT is equal to 
F<INF>MSY</INF>

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proxy, and the minimum stock size threshold (MSST) is equal to 75 
percent of the spawning stock biomass at MFMT. Under Step 2, for all 
stocks and stock complexes across all island-areas, the Council 
established a F<INF>MSY</INF> proxy equal to 30 percent of the maximum 
spawning potential of a stock under conditions of no fishing mortality 
(F<INF>30%SPR</INF>).
    Applying Tier 4 of the ABC control rule (Step 1), the SSC derived 
SYLs from a period of stable and sustainable landings, and recommended 
ABCs based on those SYLs, with certain exceptions discussed in the 
island-specific sections later in this preamble. Revising or 
establishing the SDC and other reference points under Tier 4 ensures, 
based on the best scientific information available, that the SDC and 
reference points prevent overfishing and achieve OY.
    Finally, under Step 3, the Council applied a management uncertainty 
buffer to the ABCs to specify the ACLs, where the ACL for the stock or 
stock complex equals OY, as discussed in the island-specific ACL 
sections later in this preamble.
    NMFS notes that except for ACLs, SDC and other management reference 
points are not codified in this proposed rule, but are described in 
each island-based FMP.

Puerto Rico Stock Evaluation

    For the Puerto Rico FMP, landings data for Council-managed reef 
fish, pelagic fish, and rays were available for the commercial and 
recreational fishing sectors operating in state and federal waters 
around Puerto Rico. The Council's SSC relied on landings data to 
determine an SYL, as a proxy for MSY and OFL, and ABC for most fish 
stocks and stock complexes, with ACLs set by sector. For spiny lobster, 
only commercial landings data are collected. Because recreational 
landings data are not available, the SYL, ABC, and ACL for spiny 
lobster are based on commercial landings. The SSC determined that some 
species proposed for management under the Puerto Rico FMP were more 
vulnerable to overfishing and recommended that the ABC be set at zero. 
Stocks with an ABC of zero pounds would include queen conch, Nassau 
grouper (Grouper 1), goliath grouper (Grouper 2), giant manta ray (Rays 
1), spotted eagle ray (Rays 2), and southern stingray (Rays 3). Stock 
complexes with an ABC of zero pounds include Parrotfish 1 (blue 
parrotfish, midnight parrotfish, and rainbow parrotfish), Sea 
Cucumbers, Sea Urchins, and Corals. ACLs are codified in regulations, 
and the description of the process for determining the ACLs is 
discussed below.

St. Croix Stock Evaluation

    For the St. Croix FMP, recreational landings data were not 
available, thus SYL, as proxy for both MSY and OFL, ABC, and ACL for 
most stocks and stock complexes proposed for management were derived 
using commercial landings. The SSC determined that some species 
included for management under the St. Croix FMP were more vulnerable to 
overfishing and recommended that the ABC be set at zero. Stocks with an 
ABC of zero pounds include Nassau grouper (Grouper 1) and goliath 
grouper (Grouper 2). Stock complexes with an ABC of zero pounds include 
Parrotfish 1 (blue parrotfish, midnight parrotfish, and rainbow 
parrotfish), Sea Cucumbers, Sea Urchins, and Corals. The SSC deviated 
from the ABC Control Rule and recommended an ad hoc SYL for queen conch 
at 107,720 lb (kg 48,861 kg) and recommended an ad hoc ABC of 50,000 lb 
(22,680 kg) in the portion of the EEZ around St. Croix from which 
harvest is allowed. Given difficulties interpreting queen conch catch 
data, the SSC recommended retaining the OFL (now SYL) and ABC specified 
under the Queen Conch FMP. The SSC confirmed these measures are still 
protective of queen conch stock status. The SSC noted that the seasonal 
closure for queen conch in state waters is 5 months each year, and that 
there is an area closed to harvest year-round. At Council meetings, 
including the August 2018 meeting, the Council and SSC discussed that 
these measures and others, including the availability of in-season 
conch landings data, sufficiently address the management certainty 
associated with the recommended ABC. ACLs are codified in regulations, 
and the description of the process for determining the ACLs is 
discussed later in the preamble to this proposed rule.

St. Thomas and St. John Stock Evaluation

    For the St. Thomas and St. John FMP, recreational landings data 
were not available, thus SDC and other management reference points 
(e.g., SYL, as a proxy for both MSY and OFL, ABC, and ACL) for the 
stocks and stock complexes proposed for management were derived using 
commercial landings. The SSC determined that some species proposed for 
management under the St. Thomas and St. John FMP were more vulnerable 
to overfishing and recommended that the ABC be set at zero pounds. 
Stocks with an ABC of zero pounds include queen conch, Nassau grouper 
(Grouper 1), and goliath grouper (Grouper 2). Stock complexes with an 
ABC of zero pounds include Parrotfish 1 (blue parrotfish, midnight 
parrotfish, and rainbow parrotfish), Sea Cucumbers, Sea Urchins, and 
Corals. ACLs are codified in regulations, and the description of the 
process for determining the ACLs is discussed below.

Annual Catch Limits

    This proposed rule would specify ACLs for all stocks and stock 
complexes in each island-based FMP. The island-based FMPs establish 
management reference points (i.e., SYL and ABC) from which the ACLs are 
derived. This proposed rule also would establish ACTs for pelagic 
stocks and stock complexes managed under each island-based FMP.

Puerto Rico ACLs

    For the Puerto Rico FMP, landings data for reef fish, pelagic fish, 
and rays were available for the commercial and recreational fishing 
sectors operating in state and federal waters around Puerto Rico. As 
described previously, the Council relied on landings data to determine 
ACLs by sector for managed stocks or stock complexes. For spiny lobster 
and queen conch, only commercial landings data are collected and 
available. Because recreational landings data are not available for 
invertebrates, the spiny lobster ACL and the queen conch ACL are based 
on commercial landings and each ACL applies to all harvest for the 
stock, whether commercial or recreational.
    To determine the ACL, the ABC for each stock or stock complex, 
including stocks or stock complexes with an ABC of zero, was multiplied 
by the Council's management uncertainty buffer. For all stocks and 
stock complexes, except for the angelfish, parrotfish, and surgeonfish 
stock complexes, the Council adopted a management uncertainty buffer of 
0.95, based on their assumption that the buffer from SYL to ABC 
accounted for much of the limitations in landings information. For this 
reason, they believed a smaller buffer from ABC to ACL would be 
adequate to constrain catch to the ACL. For the angelfish, parrotfish, 
and surgeonfish stock complexes, which perform an essential ecological 
function in the coral reef ecosystem, the Council adopted a management 
uncertainty buffer of 0.85 to provide additional protection to the 
stock complexes.
    In the event that landings for one sector are not available for 
comparison to the sector-specific ACL, the sectors would not be 
separately managed; the

[[Page 30734]]

ACL for the sector with available data would be the applicable ACL for 
the entire stock or stock complex. Recreational data collection in 
Puerto Rico ceased following the 2017 hurricane season. Efforts are 
underway to resume the recreational data collection, but NMFS does not 
expect that those data will be available when this rule, if finalized, 
takes effect. If recreational landings are unavailable, the ACL for the 
commercial sector will be the ACL for the stock or stock complex.

St. Croix ACLs

    For the St. Croix FMP, recreational landings data are not 
available, thus the Council relied on commercial landings data to 
determine ACLs for stocks and stock complexes. These ACLs would apply 
to all harvest of St. Croix stocks and stock complexes, whether 
commercial or recreational.
    To determine the ACL, the ABC for each stock or stock complex, 
including stocks or stock complexes with an ABC of zero, was multiplied 
by the Council's management uncertainty buffer. For all stocks and 
stock complexes, except for queen conch and the angelfish, parrotfish, 
and surgeonfish stock complexes, the Council adopted a management 
uncertainty buffer of 0.95, based on their assumption that the buffer 
from SYL to ABC accounted for much of the limitations in landings 
information. For this reason, the Council believed a smaller buffer 
from ABC to ACL would be adequate to constrain catch to the ACL. For 
the angelfish, parrotfish, and surgeonfish stock complexes, which 
perform an essential ecological function in the coral reef ecosystem, 
the Council adopted a management uncertainty buffer of 0.85 to provide 
additional protection to the stock complexes. For queen conch, the 
Council did not apply a management uncertainty buffer, as this stock is 
managed with in-season data and additional regulations, such as a 
commercial and recreational daily quota and bag limit and the 5-month 
seasonal closure, which the Council considered sufficient to constrain 
landings to the ACL.

St. Thomas and St. John ACLs

    For the St. Thomas and St. John FMP, recreational landings data are 
not available, thus commercial landings data were used to set ACLs for 
stocks and stock complexes. These ACLs would apply to all harvest of 
St. Thomas and St. John stocks and stock complexes, whether commercial 
or recreational.
    To determine the ACL, the ABC for each stock or stock complex, 
including stocks or stock complexes with an ABC of zero, was multiplied 
by the Council's management uncertainty buffer. For all stocks and 
stock complexes, except for the angelfish, parrotfish, and surgeonfish 
stock complexes, the Council adopted a management uncertainty buffer of 
0.95, based on their assumption that the buffer from SYL to ABC 
accounted for much of the limitations in landings information. For this 
reason, the Council believed a smaller buffer from ABC to ACL would be 
adequate to constrain catch to the ACL. For the angelfish, parrotfish, 
and surgeonfish stock complexes, which perform an essential ecological 
function in the coral reef ecosystem, the Council adopted a management 
uncertainty buffer of 0.85 to provide additional protection to these 
stock complexes.

Accountability Measures

    The proposed rule would implement the AMs specified in the island-
based FMPs, and replace the AMs implementing the U.S. Caribbean-wide 
FMPs. For the AMs specified in the U.S. Caribbean-wide Reef Fish and 
Spiny Lobster FMPs, reef fish and spiny lobster landings data for each 
island management area are evaluated relative to the applicable ACL 
based on a moving 3-year average of landings, using the most recent, 
complete 3 years of landings data available. For reef fish stocks or 
stock complexes in the EEZ around Puerto Rico, ACLs are specified by 
sector and an AM is triggered if both the sector-specific ACL and total 
ACL (commercial plus recreational) are exceeded, unless NMFS determines 
that either the sector-specific ACL or the total ACL exceedance 
resulted from enhanced data collection and monitoring efforts. For reef 
fish stocks or stock complexes in the EEZ around the USVI and for spiny 
lobster in all management areas, an AM is triggered if commercial 
landings exceed the ACL for the stock or stock complex, unless NMFS 
determines that the ACL was exceeded because of enhanced data 
collection and monitoring efforts.
    Under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs, if 
NMFS determines that the ACL exceedance resulted from increased catch 
rather than enhanced data collection and monitoring efforts, NMFS will 
reduce the length of the fishing season for that stock or stock 
complex, by sector where applicable, by the amount necessary to ensure 
that landings would not exceed the applicable ACL in the following 
fishing year. Under the Caribbean-wide Reef Fish and Spiny Lobster FMPs 
NMFS applies any fishing season reduction starting from September 30 
and moving earlier toward the beginning of the fishing year (January 
1). If the length of the required fishing season reduction exceeds the 
time period of January 1 through September 30, any additional fishing 
season reduction necessary is applied in the same fishing year from 
October 1 and moving later toward the end of the fishing year (December 
31). The Council adopted this approach in Amendment 8 to their Reef 
Fish FMP, and Amendment 7 to their Spiny Lobster FMP, to minimize 
adverse socioeconomic effects from the implementation of AMs, while 
still helping to ensure that AM-based closures constrain harvest to the 
ACL and prevent overfishing. (82 FR 21475; May 9, 2017).
    For the AMs under the Reef Fish FMP for the prohibited reef fish 
species (e.g., Nassau grouper), under the Coral FMP for the prohibited 
coral species, and under the Queen Conch FMP for queen conch in Puerto 
Rico and St. Thomas and St. John, where harvest of queen conch is 
prohibited, those harvest prohibitions serve as the AM. The AM 
specified for St. Croix in the Queen Conch FMP provides that when the 
ACL is reached or projected to be reached prior to the end of the 
fishing season, the Regional Administrator closes the area east of 
64[deg]34' W in the EEZ off St. Croix to the harvest and possession of 
queen conch. All other Federal waters off St. Croix are closed year-
round to queen conch harvest.
    This proposed rule would replace the AMs established under the U.S. 
Caribbean-wide FMPs, and specify AMs for all managed stocks and stock 
complexes in each island management area, as detailed in the following 
island-specific sections.

Puerto Rico AMs

    The proposed AM for spiny lobster under the Puerto Rico FMP is the 
same as the AM for spiny lobster under the U.S. Caribbean-wide Spiny 
Lobster FMP, with minor changes to the years of landings evaluated as 
the AM trigger. In addition, NMFS is proposing language to implement 
the AM to reflect and clarify that the AM trigger evaluation occurs at 
or near the beginning of the fishing year when necessary data is 
available. This change is consistent with the Council's intent, which 
is to establish an AM that relies on the best available data to prevent 
ACL exceedances.
    Under the Puerto Rico FMP, the AM for spiny lobster provides that 
at or near the beginning of the fishing year, available landings of 
spiny lobster (i.e.,

[[Page 30735]]

commercial landings) would be evaluated relative to the spiny lobster 
ACL based on a moving multi-year average of landings, as described 
below in the AM Trigger and ACL Monitoring section. If the ACL is 
exceeded, and NMFS determines that the ACL overage resulted from 
improved data collection or monitoring rather than from increased 
catch, the AM would not be triggered and NMFS would not reduce the 
length of the fishing season for spiny lobster. If, however, NMFS 
determines that the ACL overage resulted from increased catch rather 
than from improved data collection or monitoring, the AM would be 
triggered and NMFS would reduce the length of the fishing season for 
spiny lobster by the amount necessary to prevent landings from 
exceeding the ACL.
    The AM under the Puerto Rico FMP contains the same exception from 
the AM trigger as the AM under the Spiny Lobster FMP for ACL 
exceedances based on improved data collection and monitoring. The 
proposed implementing regulations clarify that the AM trigger 
evaluation (i.e., the comparison of landings to the ACL) is made at or 
near the beginning of the fishing year, not necessarily at the end of 
the prior year. This change is necessary because complete data on 
landings often are not available by the end of the fishing year, but 
rather are available early in the subsequent year, or later. Often 
there is a 1 to 2 year data lag as well, which is discussed later in 
the section on the AM trigger and ACL monitoring. Therefore, NMFS 
clarifies that it would make the AM trigger determination as soon as 
landings data are available, i.e., at or near the beginning of the 
fishing year, and that any required fishing season reduction would 
occur as soon as possible thereafter.
    Under the U.S. Caribbean-wide Spiny Lobster FMP, any required 
fishing season reduction would be applied starting from September 30 
and moving earlier toward the beginning of the fishing year (January 
1). If the length of the required fishing season reduction exceeds the 
time period of January 1 through September 30, any additional fishing 
season reduction necessary would be applied in the same fishing year, 
starting from October 1 and moving later toward the end of the fishing 
year (December 31).
    The Puerto Rico FMP provides for management of reef fish stocks and 
stock complexes by sector when data are available to set an ACL by 
sector, and the corresponding AM operates in the same manner as the AM 
under the U.S. Caribbean-wide Reef Fish FMP, with minor changes. The 
changes reflect the transition to management with indicator stocks, an 
update to the years of landings used as the AM trigger, and 
clarification of when the AM trigger evaluation occurs.
    For reef fish stocks and stock complexes managed under the Puerto 
Rico FMP, commercial and recreational landings of the stock, stock 
complex, or indicator stock would be evaluated relative to the 
corresponding commercial, recreational, or total ACLs for the stock or 
stock complex, as applicable, based on a moving multi-year average of 
landings as described below. For those stock complexes managed with an 
indicator stock, the ACLs (commercial, recreational, and total) for the 
stock complex are based on landings of the indicator stock. Therefore 
the AM trigger evaluation compares indicator stock landings to the ACL. 
An AM would be triggered for a stock or stock complex if a sector's 
landings exceeded the sector-specific ACL and if the total (commercial 
plus recreational) landings exceeded the total (commercial plus 
recreational) ACL. An AM would not be triggered if NMFS determines that 
either ACL overage (sector-specific ACL or total ACL) resulted from 
improved data collection or monitoring rather than from increased catch 
increased. Once triggered, the AM would be applied only for the sector 
that exceeded its ACL.
    Unlike the U.S. Caribbean-wide Reef Fish FMP, the Puerto Rico FMP 
provides that if landings for one sector are not available for 
evaluation to the sector-specific ACL, then the sectors would not be 
separately managed. The ACL for the sector with available data would be 
the ACL for that stock or stock complex. If NMFS estimates that 
available landings for the stock, stock complex, or indicator stock 
exceeded the ACL for the stock or stock complex, and if the exceedance 
was not due to improvements in data collection or monitoring, the AM 
would be triggered. Any required fishing season reduction would apply 
to all harvest of the stock or stock complex, whether commercial or 
recreational. The Puerto Rico FMP and this proposed rule add this 
authority.
    As with the AM for spiny lobster under the Puerto Rico FMP, the 
proposed regulatory text clarifies that the AM trigger evaluation for 
managed reef fish stocks and stock complexes occurs at or near the 
beginning of the fishing year, when landings from prior fishing years 
are available, and that any required fishing season reduction occurs as 
soon as possible thereafter. Any required fishing season reduction 
would be applied starting with September 30 and moving earlier towards 
the beginning of the fishing year (January 1), adding additional time, 
as necessary, from October 1, toward the end of the fishing year 
(December 31).
    Pelagic stocks and stock complexes are not managed under the U.S. 
Caribbean-wide FMPs, but are managed under the Puerto Rico FMP by 
sector where sector-specific data is available. The Puerto Rico FMP 
establishes an AM for these stocks or stock complexes. For each pelagic 
stock and stock complex, the proposed rule would codify an ACT as 90 
percent of the ACL that would serve as the AM trigger.
    Commercial and recreational landings of the pelagic stock, stock 
complex, or indicator stock would be evaluated relative to the 
commercial and recreational ACTs based on a moving multi-year average 
of landings as described below. The AM would be applied on a sector 
basis, and would be triggered when a sector's landings exceeds its ACT. 
The Puerto Rico FMP and these proposed regulations provide for the 
unavailability of sector-specific landings. When landings for one 
sector are not available for comparison to that sector's ACT, the ACT 
for the sector with available landings would be the ACT for the stock 
or stock complex. Available landings would be evaluated relative to the 
ACT for the stock or stock complex. If NMFS estimates that available 
landings for the stock, stock complex, or indicator stock exceeded the 
ACT for the stock or stock complex, the AM would apply to all harvest 
of the stock or stock complex, whether commercial or recreational. If 
an AM is triggered, NMFS in consultation with the Council would 
determine appropriate corrective action, including whether corrective 
action is needed. Corrective action could include actions such as 
fishing season reductions or modifications to the ACL and would depend 
on many factors, including an evaluation of the cause of the exceedance 
and the best way to protect against future ACL exceedances.
    Recreational data collection in Puerto Rico was disrupted in 2017, 
following Hurricanes Irma and Maria, and has not resumed. Since 2018, 
recreational landings for the reef fish and pelagic stocks, stock 
complexes, and indicator stocks are not available for comparison to the 
recreational ACLs and ACTs proposed for each stock and stock complex. 
Thus, as described in the Puerto Rico FMP and in this proposed rule, 
the commercial ACLs and ACTs for the reef fish and pelagic stocks and 
stock complexes would function as the

[[Page 30736]]

ACLs and ACTs for the stocks and stock complexes until sufficient 
recreational landings become available.
    For stocks (queen conch, Nassau grouper, goliath grouper, giant 
manta ray, spotted eagle ray, and southern stingray) and stock 
complexes (Parrotfish 1 (blue parrotfish, midnight parrotfish, and 
rainbow parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with 
harvest prohibitions in Puerto Rico, those prohibitions would serve as 
the AMs under the proposed rule. This is the same approach to 
management for queen conch, Nassau grouper, goliath grouper, the 
species in the Parrotfish 1 stock complex, and the coral species that 
are managed under the U.S. Caribbean-wide FMPs. The Puerto Rico FMP 
adopts this AM for the rays, which are new to management, and for the 
Sea Urchins and Sea Cucumbers stock complexes.

St. Croix AMs

    The proposed AMs for reef fish stocks and stock complexes and for 
spiny lobster under the St. Croix FMP are the same as the AMs for reef 
fish and spiny lobster under the U.S. Caribbean-wide Reef Fish and 
Spiny Lobster FMPs, with minor changes to the years of landings 
evaluated as the AM trigger. In addition, NMFS is proposing language to 
implement the AM to reflect and clarify that the AM trigger evaluation 
occurs at or near the beginning of the fishing year when necessary data 
are available. This change is consistent with the Council's intent, 
which is to establish an AM that relies on the best available data to 
prevent ACL exceedances.
    Under the St. Croix FMP for reef fish stocks and stock complexes 
and for spiny lobster, at or near the beginning of the fishing year, 
landings for each stock, stock complex, or indicator stock(s) would be 
evaluated relative to the ACL for the stock or stock complex based on a 
moving multi-year average of landings, as described below. If the ACL 
is exceeded, and NMFS determines that the ACL overage resulted from 
improved data collection or monitoring rather than from increased 
catch, the AM would not be triggered and NMFS would not reduce the 
length of the fishing season for the applicable stock or stock complex. 
If, however, NMFS determines that the ACL overage resulted from 
increased catch rather than from improved data collection or 
monitoring, the AM would be triggered and NMFS would reduce the length 
of the fishing season for the applicable stock or stock complex by the 
amount necessary to prevent landings from exceeding the ACL.
    The AMs for reef fish stocks and stock complexes and spiny lobster 
under the St. Croix FMP contain the same exception from the AM trigger 
for ACL exceedances based on improved data collection and monitoring as 
the AMs under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs. 
The proposed implementing regulations clarify that the AM trigger 
evaluation (i.e., the comparison of landings to the ACL) is made at or 
near the beginning of the fishing year to better reflect when landings 
data are available.
    As under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs, 
any required fishing season reduction would be applied starting from 
September 30 and moving earlier toward the beginning of the fishing 
year (January 1). If the length of the required fishing season 
reduction exceeds the time period of January 1 through September 30, 
any additional fishing season reduction necessary would be applied in 
the same fishing year, starting from October 1 and moving later toward 
the end of the fishing year (December 31).
    Pelagic stocks are not managed under the U.S. Caribbean-wide FMPs, 
but are managed under the St. Croix FMP. For each pelagic stock, the 
proposed rule would codify an ACT as 90 percent of the ACL that would 
serve as the AM trigger. An AM would be triggered if the landings for 
the pelagic stock exceed the ACT based on a moving multi-year average 
of annual landings, as described below. If an AM is triggered, NMFS in 
consultation with the Council would determine appropriate corrective 
action, including whether corrective action is needed. Corrective 
action could include actions such as fishing season reductions or 
modifications to the ACL and would depend on many factors, including an 
evaluation of the cause of the exceedance and the best way to protect 
against future ACL exceedances.
    For queen conch, as under the U.S. Caribbean-wide Queen Conch FMP, 
harvest would continue to be allowed in the EEZ around St. Croix east 
of 64[deg]34' W longitude during the open fishing season. This measure 
was established in the 2005 Caribbean Sustainable Fisheries Act 
Amendment to the Queen Conch FMP (70 FR 62073; October 28, 2005). The 
rest of the U.S. Caribbean EEZ would continue to be closed to the 
harvest of queen conch. Under the St. Croix FMP, the AM for queen conch 
would continue to be triggered if, based on in-season monitoring, NMFS 
determines the queen conch ACL is reached or is projected to be reached 
prior to the end of the fishing season. If the AM is triggered, NMFS 
would close the EEZ around St. Croix east of 64[deg]34' W longitude to 
the harvest and possession of queen conch for the remainder of the 
fishing season. During any such closure, no person would be allowed to 
fish for or possess a queen conch in or from Federal waters off St. 
Croix.
    For stocks (Nassau grouper and goliath grouper) and stock complexes 
(Parrotfish 1 (blue parrotfish, midnight parrotfish, and rainbow 
parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with harvest 
prohibitions in St. Croix, those prohibitions would serve as the AMs 
under the proposed rule. This is the same approach to management for 
Nassau grouper, goliath grouper, the species in the Parrotfish 1 stock 
complex, and the coral species that are managed under the U.S. 
Caribbean-wide FMPs. The St. Croix FMP adopts this AM for the Sea 
Urchins and Sea Cucumber stock complexes.

St. Thomas and St. John AMs

    The proposed AMs for reef fish stocks and stock complexes and for 
spiny lobster under the St. Thomas and St. John FMP are the same as the 
AMs for reef fish and spiny lobster under the U.S. Caribbean-wide Reef 
Fish and Spiny Lobster FMPs, with minor changes to the years of 
landings evaluated as the AM trigger. In addition, NMFS is proposing 
language to implement the AM to reflect and clarify that the AM trigger 
evaluation occurs at or near the beginning of the fishing year when 
necessary data are available. This change is consistent with the 
Council's intent, which is to establish an AM that relies on the best 
available data to prevent ACL exceedances.
    Under the St. Thomas and St. John FMP for reef fish stocks and 
stock complexes and for spiny lobster, at or near the beginning of the 
fishing year, landings for each stock, stock complex, or indicator 
stock(s) would be evaluated relative to the ACL for the stock or stock 
complex based on a moving multi-year average of landings, as described 
below. If the ACL is exceeded, and NMFS determines that the ACL overage 
resulted from improved data collection or monitoring rather than from 
increased catch, the AM would not be triggered and NMFS would not 
reduce the length of the fishing season for the applicable stock or 
stock complex. If, however, NMFS determines that the ACL overage 
resulted from increased catch rather than from improved data collection 
or monitoring, the AM would be triggered and NMFS would reduce the 
length of the fishing season for the applicable stock or stock complex 
by the amount necessary to prevent landings from exceeding the ACL.

[[Page 30737]]

    The AMs for reef fish stocks and stock complexes and spiny lobster 
under the St. Thomas and St. John FMP contain the same exception from 
the AM trigger for ACL exceedances based on improved data collection 
and monitoring as the AMs under the U.S. Caribbean-wide Reef Fish and 
Spiny Lobster FMPs. The proposed implementing regulations clarify that 
the AM trigger evaluation (i.e., the comparison of landings to the ACL) 
is made at or near the beginning of the fishing year to better reflect 
when landings data are available.
    As under the U.S. Caribbean-wide Reef Fish and Spiny Lobster FMPs, 
any required fishing season reduction would be applied starting from 
September 30 and moving earlier toward the beginning of the fishing 
year (January 1). If the length of the required fishing season 
reduction exceeds the time period of January 1 through September 30, 
any additional fishing season reduction necessary would be applied in 
the same fishing year, starting from October 1 and moving later toward 
the end of the fishing year (December 31).
    Pelagic stocks are not managed under the U.S. Caribbean-wide FMPs, 
but are managed under the St. Thomas and St. John FMP. For each pelagic 
stock, the proposed rule would codify an ACT as 90 percent of the ACL 
that would serve as the AM trigger. An AM would be triggered if the 
landings for the pelagic stock exceed ACT based on a moving multi-year 
average of annual landings, as described below. If an AM is triggered, 
NMFS in consultation with the Council would determine appropriate 
corrective action, including whether corrective action is needed. 
Corrective action could include actions such as fishing season 
reductions or modifications to the ACL and would depend on many 
factors, including an evaluation of the cause of the exceedance and the 
best way to protect against future ACL exceedances.
    For stocks (queen conch, Nassau grouper, and goliath grouper) and 
stock complexes (Parrotfish 1 (blue parrotfish, midnight parrotfish, 
and rainbow parrotfish), Sea Cucumbers, Sea Urchins, and Corals) with 
harvest prohibitions in St. Thomas and St. John, those prohibitions 
would serve as the AMs under the proposed rule. This is the same 
approach to management for queen conch, Nassau grouper, goliath 
grouper, the species in the Parrotfish 1 stock complex, and the coral 
species that are managed under the U.S. Caribbean-wide FMPs. The St. 
Thomas and St. John FMP adopts this AM for the Sea Urchins and Sea 
Cucumber stock complexes.

AM Trigger and ACL Monitoring

    Each of the island-based FMPs specify the moving multi-year average 
of landings to be used to monitor compliance with the ACLs and ACTs 
under the AM trigger. The FMPs state that in the first year of FMP 
implementation, ACL and ACTs will be monitored using a single year of 
landings from 2018; then a single year of landings from 2019; then a 2-
year average of landings from 2019 and 2020; then a 3-year average of 
landings from 2019 to 2021; and thereafter a progressive running 3-year 
average of landings. As specified in the island-based FMPs, the 
Regional Administrator in consultation with the Council may deviate 
from the specific time sequences based on data availability. For 
example, the specified year(s) of landings would likely be updated to 
account for the time it has taken to implement the island-based FMPs to 
reflect more recent, available landings. If the island-based FMPs are 
effective for the 2022 fishing season, NMFS could rely on the most 
recent single year of landings data at that time, and follow the 
progression set forth in the FMP in subsequent years (i.e., then the 
next most recent single year of landings, then a 2-year average of the 
most recent 2 years of landings, etc.). The specified years could also 
be updated to account for periods where landings data may be 
incomplete, such as for years when hurricanes impact the ability to get 
a complete set of data.
    Landings data for Puerto Rico and the USVI generally are not 
available for comparison to the ACLs or ACTs until 1 to 2 years after 
the year in which the fishing activity occurred. During this transition 
period, until available landings reflect fishing under the island-
specific FMPs as opposed to the U.S. Caribbean-wide FMPs, NMFS would 
evaluate if the landings available for each stock, stock complex, or 
indicator stock(s) would exceed the ACLs or ACTs for the stock or stock 
complex specified in the island-based FMPs as the AM trigger. Once 
landings data from years when the island-based FMPs and ACLs are in 
place are available, NMFS would evaluate whether landings for each 
stock, stock complex, or indicator stock(s) exceeded the ACL or ACT for 
each stock or stock complex specified under the island-based FMPs. In 
all cases, if an AM is triggered, the AM would be applied as described 
previously.

Essential Fish Habitat

    In addition to the management measures that this proposed rule 
would implement through regulations, the island-based FMPs include 
actions to identify essential fish habitat (EFH) for species new to 
management that NMFS would implement but not codify through 
regulations.
    The EFH designations for species and species groups that were 
managed under the U.S. Caribbean-wide FMPs and are included for 
management under the respective Puerto Rico FMP, St. Croix FMP, and St. 
Thomas and St. John FMP would remain as currently described in the 2005 
Caribbean Sustainable Fisheries Act Amendment. These descriptions are 
included in each of the island-based FMPs. For species new to 
management, each island-based FMP describes and identifies EFH 
according to functional relationships between life history stages of 
the species and marine and estuarine habitats, based on best scientific 
information available.

Framework Procedures

    The framework procedures for the U.S. Caribbean-wide Reef Fish, 
Spiny Lobster, Queen Conch, and Coral FMPs provided the Council and 
NMFS the flexibility to expeditiously adjust management options to 
respond to changing fishery conditions or new scientific information. 
This proposed rule would update the framework procedures under each 
island-based FMP to establish the basis for a broader range of 
management measures that can be approved by the Council and implemented 
by NMFS through the framework process. The framework procedures for 
each island-based FMP and in this proposed rule are identical for each 
island management area. Future proposed actions could be implemented 
either by an open abbreviated framework, an open standard framework, or 
through a closed framework procedure, as applicable. Each island-based 
FMP describes and provides the list of open and closed framework 
procedures and the differences from a full FMP amendment process. Some 
of the management measures proposed to be adjusted through framework 
procedures include re-specification of SDC and other management 
reference points, modification of seasonal, year-round, or area 
closures, commercial trip limits, recreational bag and possession 
limits, size limits, or allowable fishing gear.

Additional Proposed Changes to Codified Text Not in the Island-Based 
FMPs

    NMFS proposes to revise the authorized gear table in 50 CFR 
600.725(v) under V. Caribbean Fishery Management Council, to 
incorporate changes to the organization of federally

[[Page 30738]]

managed fisheries and gear descriptions under the island-based FMPs.
    Currently, the authorized gear table at 50 CFR 600.725(v) under V 
subdivides the U.S. Caribbean fisheries by whether the fishery is 
managed under an FMP or not. Each fishery is then subdivided into 
fishery components by fishing gear type (e.g., trap/pot, longline/hook 
and line, etc.) or sector (i.e., commercial or recreational), and the 
authorized gears are specified for these fishery components.
    NMFS proposes to revise the gear table to reflect the transition to 
island-based fishery management. Within the gear table for the U.S. 
Caribbean, the fisheries would be described by island area, and then by 
whether the fishery is managed under an FMP. Each fishery would then be 
broken into components by fishing gear type or sector, as appropriate. 
As with the current table, the authorized gears would be specified for 
each fishery component.
    NMFS proposes to clarify and make consistent the description of the 
authorized gear for all fisheries. For example, NMFS proposes to 
specify the individual hook and line gear types authorized rather than 
listing ``hook and line'' as an authorized gear. Under 50 CFR 622.2, 
hook and line gear means automatic reel, bandit gear, buoy gear, 
handline, longline, and rod and reel. The authorized gear table would 
list those gears as authorized, rather than the more general ``hook and 
line''. Further, NMFS would clarify that trap and pot gear is an 
authorized recreational gear type for the reef fish and spiny lobster 
fisheries managed under each of the island-based FMPs.
    In addition, NMFS proposes to make additional clarifying and non-
substantive changes to regulations in part 622 through this proposed 
rule. For example, to account for management measures that occur in 
leap years, NMFS would revise language currently at 50 CFR 
622.435(a)(2)(ii), which describes the annual seasonal closure for the 
red hind spawning aggregation areas off Puerto Rico and St. Croix, from 
``through February 28 each year,'' to ``through the last day of 
February each year.'' The seasonal closure, with this updated language, 
would be included in the subparts containing the regulations 
implementing the Puerto Rico FMP and the St Croix FMP.
    This proposed rule would update the cross references to the 
subparts in 50 CFR part 622 to reflect changes to implement the island-
based FMPs where there would be three U.S. Caribbean specific subparts 
instead of four as in the current regulations. This proposed rule would 
amend the import restrictions regulatory language for queen conch to 
reflect the change to island-based management. At 50 CFR 622.2, this 
proposed rule would revise the definition of fish trap in the U.S. 
Caribbean EEZ consistent with the island-based FMPs. The vessel color 
code requirements at 50 CFR 622.6(a)(2) would be clarified to reflect a 
change in how the fisheries would be described and identified under the 
island-based FMPs. The landing fish intact provisions at 50 CFR 
622.10(b) would be updated to clarify the requirements for highly 
migratory species. This proposed rule would also clarify the St. Croix 
queen conch prohibition at 50 CFR 622.479(b)(4) to state that the 
prohibition applies whether or not queen conch are on a vessel, but 
also in a person's possession.
    Further, NMFS proposes to revise appendix A to part 622 that 
currently lists federally managed species in the U.S. Caribbean. NMFS 
would remove the species tables applicable to the previous U.S. 
Caribbean-wide FMPs. The proposed rule would specify the federally 
managed species for Puerto Rico, St. Croix, and St. Thomas and St. John 
in subparts S, T, and U, respectively. As a result of removing U.S. 
Caribbean species tables from appendix A to part 622, NMFS would also 
revise the numbering for the tables of Gulf of Mexico reef fish, South 
Atlantic snapper-grouper, and Atlantic dolphin and wahoo species.

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 the island-based FMPs, other provisions of the 
Magnuson-Stevens Act and other applicable laws, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 proposed management actions, why they are 
being considered, and the objectives of and legal basis for the actions 
are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of 
the preamble.
    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 or 
recordkeeping compliance requirements are introduced in this proposed 
rule even for species new to Federal management because landings of 
those species are already reported in commercial logbooks. Therefore, 
this proposed rule contains no new information collection requirements 
under the Paperwork Reduction Act of 1995.
    The proposed rule concerns commercial and recreational fishing in 
Federal waters of the U.S. Caribbean. It directly affects both 
recreational anglers and commercial fishing businesses of Puerto Rico 
and the USVI.
    Recreational anglers are not considered small entities as that term 
is defined in 5 U.S.C. 601(6), whether fishing from for-hire, privately 
owned, or leased vessels. Therefore, neither estimates of the number of 
anglers nor the impacts on them are required or provided in this 
analysis.
    Both Puerto Rico and the USVI require commercial fishermen to have 
a commercial fishing license (non-Federal). An estimated 1,074 
commercial fishing businesses operate off Puerto Rico, another 141 
operate off St. Croix, and still another 119 operate off St. Thomas and 
St. John. All of these businesses are expected to operate primarily in 
the commercial fishing industry. A subset of these businesses operate 
within Federal waters.
    A business primarily involved in the commercial fishing industry 
(NAICS 11411) is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and its combined annual receipts are not in 
excess of $11 million for all of its affiliated operations worldwide. 
All of the commercial fishing businesses in Puerto Rico, St. Croix, and 
St. Thomas and St. John have annual revenues substantially less than 
$11 million. Each RFA estimated the number of small commercial fishing 
businesses from the number of commercial fishermen operating in Federal 
waters and determined that 383 small commercial fishing businesses in 
Puerto Rico, 30 small commercial fishing businesses in St. Croix, and 
31 small businesses in St. Thomas and St. John would be directly 
affected the proposed rule.
    The proposed rule would replace management measures from the U.S. 
Caribbean region-wide FMPs and manage Federal fishery resources under 
the three recently approved island-

[[Page 30739]]

based FMPs. The island-based FMPs retain most of the current management 
measures established under the U.S. Caribbean region-wide FMPs that 
apply to the respective island management area, including seasonal and 
area closures, minimum size limits, and recreational bag limits. The 
proposed rule, therefore, will continue to include those measures for 
each island-management area, as applicable. There would be no adverse 
or beneficial economic impact on small businesses from the retention of 
current management measures.
    The proposed rule would implement revised management measures under 
each of the island-based FMPs, such as the species included for 
management, ACLs, and AMs. Species managed under the U.S. Caribbean-
wide FMPs but not found or rarely found in Federal waters are excluded 
from management under the island-based FMPs and this proposed rule. 
Because the species are rarely found in Federal waters, no or 
negligible beneficial impact is expected from their exclusion from 
management. Any direct economic impact from the inclusion of new 
species for management, or from continuing to manage other species, 
would be from revisions of ACLs and AMs. The direct economic impacts of 
the proposed rule on small businesses are summarized in the following 
tables for the three island management areas.

                                                 Puerto Rico FMP
----------------------------------------------------------------------------------------------------------------
                                                      Expected direct  economic    Basis for expected economic
   Proposed individual stocks and (stock complex)              impact                         impact
----------------------------------------------------------------------------------------------------------------
Queen, gray and French angelfish (Angelfish); great  None......................  ACL and AM not expected to
 barracuda *; dolphinfish * and pompano dolphinfish                               affect baseline landings.
 * (Dolphin); coney and graysby (Grouper 3); black,
 red, tiger, yellowfin, and yellowmouth grouper *
 (Grouper 4); misty and yellowedge grouper (Grouper
 5); red hind and rock hind (Grouper 6); white
 grunt (Grunts); crevalle jack * (Jacks 1); African
 pompano * (Jacks 2); rainbow runner * (Jacks 3);
 king mackerel * and cero * (Mackerel); lane
 snapper (Snapper 3); dog, mutton, and schoolmaster
 snapper (Snapper 4); Yellowtail snapper (Snapper
 5); blue tang, doctorfish, and surgeonfish
 (Surgeonfish); gray * triggerfish (part of the
 Triggerfish complex), tripletail * (Tripletail);
 little tunny * and blackfin * tuna (Tuna); wahoo *
 (Wahoo); puddingwife and Spanish hogfish (Wrasses
 2).
Black, blackfin, silk, vermilion, and wenchman       None, but potential future  ACL and AM not expected to
 snapper (Snapper 1); cardinal and queen snapper      beneficial impact.          affect baseline landings;
 (Snapper 2); princess, queen, redband, redtail,                                  however, would allow for
 stoplight, and striped parrotfish (Parrotfish 2);                                greater landings in the
 spiny lobster (Spiny Lobster); ocean and queen                                   future.
 triggerfish (part of the Triggerfish complex);
 hogfish (Wrasses 1).
Cubera snapper * (Snapper 6).......................  None, but potential future  ACL and AM not expected to
                                                      adverse impact.             affect baseline landings, but
                                                                                  could have future adverse
                                                                                  impact of $29 (2020 $) per
                                                                                  small business if recreational
                                                                                  data collection not resumed in
                                                                                  future.
Giant manta ray * (Rays 1).........................  None......................  ACL and AM consistent with zero
Spotted eagle ray* (Rays 2)........................                               baseline landings.
Southern stingray* (Rays 3)........................
Any corals ** in EEZ around Puerto Rico (Corals)...  None......................  ACL and AM consistent with
                                                                                  current harvest prohibition
                                                                                  for currently managed species
                                                                                  and expectation of zero
                                                                                  baseline harvest for newly
                                                                                  added species.
Any sea urchins in EEZ around Puerto Rico (Sea
 Urchins).
Any sea cucumbers in EEZ around Puerto Rico (Sea
 Cucumbers),
Queen conch........................................  None......................  ACL and AM consistent with
Nassau grouper (Grouper 1).........................                               current harvest prohibition;
Goliath grouper (Grouper 2)........................                               no change in management.
Blue, midnight, and rainbow parrotfish (Parrotfish
 1).
----------------------------------------------------------------------------------------------------------------
* Species new to management.
** This includes currently prohibited species.

    As summarized in the table for Puerto Rico above, there would be no 
significant impacts on a substantial number of small businesses in 
Puerto Rico because the revised management provisions are not expected 
to affect baseline landings and associated revenues for most stocks and 
stock complexes. However, the changes to management would allow for 
increased landings and associated revenues in the future for the 
following stocks and stock complexes: Snapper 1; Snapper 2; Parrotfish 
2; Spiny Lobster; ocean and queen triggerfish (part of the Triggerfish 
complex); and Wrasses 1. We do not have sufficient information to 
estimate the magnitude of those potential changes. In addition, if 
recreational landings data collection is not continued in Puerto Rico, 
there could be an adverse annual insignificant impact of $29 (2020 
dollars) per small business on those commercial fishing businesses that 
harvest cubera snapper because that figure represents less than 0.39 
percent of annual revenue of the small businesses.

                                                  St. Croix FMP
----------------------------------------------------------------------------------------------------------------
                                                      Expected direct  economic    Basis for expected economic
   Proposed individual stocks and (stock complex)              impact                         impact
----------------------------------------------------------------------------------------------------------------
Queen conch; dolphinfish * (Dolphin); coney and      None......................  ACL and AM not expected to
 graysby (Grouper 3); red hind and rock hind                                      affect baseline landings.
 (Grouper 4); black, red, tiger and yellowfin
 grouper (Grouper 5); princess, queen, redband,
 redfin, redtail, stoplight, and striped parrotfish
 (Parrotfish 2); bluestriped and white grunt
 (Grunts); queen triggerfish (Triggerfish);
 doctorfish (Surgeonfish).

[[Page 30740]]

 
Spiny lobster; blue tang and ocean surgeonfish       None, but potential future  ACL and AM not expected to
 (part of the Surgeonfish complex); French, gray,     beneficial impact.          affect baseline landings;
 and queen angelfish (Angelfish); black, blackfin,                                however, would allow for
 silk, and vermilion snapper (Snapper 1); queen                                   greater landings in the
 snapper (Snapper 2); gray and lane snapper                                       future.
 (Snapper 3); mutton snapper (Snapper 4);
 schoolmaster (Snapper 5); yellowtail snapper
 (Snapper 6); longspine squirrelfish (Squirrelfish).
Wahoo * (Wahoo); misty grouper (Grouper 6).........  None, but potential future  ACL and AM not expected to
                                                      adverse impact.             affect baseline landings, but
                                                                                  could have future adverse
                                                                                  impact. Unknown for wahoo
                                                                                  harvesters and could be less
                                                                                  than $2 (2020 $) per small
                                                                                  business in future for reef
                                                                                  fish harvesters.
Any corals * * in EEZ around St. Croix (Corals)....  None......................  ACL and AM consistent with
Any sea urchins in EEZ around St. Croix (Sea                                      harvest prohibition for
 Urchins).                                                                        currently managed species and
Any sea cucumbers in EEZ around St. Croix (Sea                                    expectation of zero baseline
 Cucumbers).                                                                      harvest of newly added
                                                                                  species.
Nassau grouper (Grouper 1).........................  None......................  ACL and AM consistent with
                                                                                  current harvest prohibition;
                                                                                  no change in management.
Goliath grouper (Grouper 2)
Blue, midnight, and rainbow parrotfish (Parrotfish
 1)
----------------------------------------------------------------------------------------------------------------
* Species new to management.
** This includes currently prohibited species.

    As summarized in the table for St. Croix above, there would be no 
significant impacts on a substantial number of small businesses in St. 
Croix because the revised management provisions are not expected to 
affect baseline landings and associated revenues for most stocks and 
stock complexes. However, the changes to management would allow for 
increased landings and associated revenues in the future for the 
following stocks and stock complexes: Spiny Lobster, blue tang and 
ocean surgeonfish (part of the Surgeonfish complex), Angelfish, 
Squirrelfish, and Snapper 1 through 6. We do have sufficient 
information to estimate the magnitude of those potential changes. 
Moreover, in the future, there could be an insignificant loss of less 
than $2 (2020 dollars) per small business that harvests misty grouper 
if landings of that species were to exceed the ACL and the Council 
determined that it would be necessary to take corrective action. Small 
businesses that harvest wahoo also could experience adverse economic 
impact if future landings were to exceed the ACT and the Council 
determined that correction action would be necessary; however, that 
impact is unknown at this time and the magnitude is dependent on the 
correction action, if any, that is taken at that time.

                                           St. Thomas and St. John FMP
----------------------------------------------------------------------------------------------------------------
                                                      Expected direct  economic    Basis for expected economic
   Proposed individual stocks and (stock complex)              impact                         impact
----------------------------------------------------------------------------------------------------------------
Yellowmouth grouper * (Grouper 5); wahoo * (Wahoo);  None......................  ACL and AM not expected to
 white and bluestriped grunt (Grunts 1); margate                                  affect baseline landings.
 (Grunts 2); misty and yellowedge grouper (Grouper
 5); blue runner (Jacks); doctorfish (part of the
 Surgeonfish complex).
French, gray, and queen angelfish (Angelfish);       None, but potential future  ACL and AM not expected to
 spiny lobster; black, blackfin, silk, and            beneficial impact.          affect baseline landings;
 vermillion snapper (Snapper 1); queen                                            however, would allow for
 snapper(Snapper 2); lane and mutton snapper                                      greater landings in the
 (Snapper 3); yellowtail snapper (Snapper 4); red                                 future.
 hind and coney grouper (Grouper 3); princess,
 queen, redfin, redtail, stoplight, redband, and
 striped parrotfish (Parrotfish 2); sea bream,
 jolthead, sheepshead, and saucereye porgy
 (Porgies); hogfish (Wrasses); queen triggerfish
 (Triggerfish); blue tang and ocean surgeonfish
 (part of the Surgeonfish complex).
Dolphinfish * (Dolphin); black, red, tiger and       None, but potential future  ACL and AM not expected to
 yellowfin grouper (Grouper 4).                       adverse impact.             affect baseline landings, but
                                                                                  could have future adverse
                                                                                  impact. Unknown future impact
                                                                                  for dolphinfish harvesters and
                                                                                  in future could be
                                                                                  approximately $70 (2020 $) per
                                                                                  small business for reef fish
                                                                                  harvesters.
Any corals * * in EEZ around St. Thomas and St.      None......................  ACL and AM consistent with
 John (Corals).                                                                   current harvest prohibition
Any sea urchins in EEZ around St. Thomas and St.                                  for currently managed species
 John (Sea Urchins).                                                              and expectation of zero
Any sea cucumbers in EEZ around St. Thomas and St.                                baseline harvest for newly
 John (Sea Cucumbers).                                                            added species.
Nassau grouper (Grouper 1).........................  None......................  ACL and AM consistent with
Goliath grouper (Grouper 2)........................                               current harvest prohibition;
                                                                                  no change in management.
Queen conch
Blue, midnight, and rainbow parrotfish (Parrotfish
 1)..
----------------------------------------------------------------------------------------------------------------
* Species new to management.
** This includes currently prohibited species.

    As summarized in the table for St. Thomas and St. John above, there 
would be no significant impacts on a substantial number of small 
businesses in St. Thomas and St. John because the revised management 
provisions are not expected to affect baseline landings and associated 
revenues for most stocks and stock complexes. However, the changes to 
management would allow for increased landings and associated revenues 
in the future for the following stocks and stock complexes: Spiny 
Lobster, Angelfish, Snapper 1 through 4, Grouper 3, Parrotfish 2, 
Porgies, Wrasses, Triggerfish, and blue tang and ocean surgeonfish 
(part of the Surgeonfish complex). We do have

[[Page 30741]]

sufficient information to estimate the magnitude of those potential 
changes. Moreover, in the future, there could be an insignificant loss 
of approximately $70 (2020 dollars) per small business that harvests 
Grouper 4 if landings of that stock complex were to exceed its ACL and 
the Council determined that correction action would be necessary. That 
figure represents less than 0.94 percent of annual revenue. Small 
businesses that harvest dolphinfish also could experience an adverse 
economic impact if future landings were to exceed the ACT and the 
Council determined that correction action would be necessary; however, 
that impact is unknown at this time and the magnitude is dependent on 
the correction action, if any, that is taken at that time.
    As such, this action is not expected to have a significant economic 
impact on a substantial number of small entities and will not have a 
disproportionate economic impact on small business entities relative to 
the large entities. Therefore, an Initial Regulatory Flexibility 
Analysis is not required and none has been prepared.

List of Subjects

50 CFR Part 600

    Caribbean, Commercial, Fisheries, Fishing, Recreational.

50 CFR Part 622

    Caribbean, Commercial, Fisheries, Fishing, Incorporation by 
Reference, Recreational.

    Dated: April 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 600 and 622 
are proposed to be amended 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), revise the entries under V. Caribbean Fishery 
Management Council 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
 
A. Puerto Rico Reef Fish Fishery  ......................................
 (FMP)
    i. Commercial fishery.......  i. Automatic reel, bandit gear, buoy
                                   gear, handline, longline, rod and
                                   reel, trap, pot, spear.
    ii. Recreational fishery....  ii. Dip net, handline, rod and reel,
                                   slurp gun, spear, trap, pot.
B. Puerto Rico Pelagic Fishery    ......................................
 (FMP)
    i. Commercial fishery.......  i. Automatic reel, bandit gear, buoy
                                   gear, handline, longline, rod and
                                   reel, gillnet.
    ii. Recreational fishery....  ii. Spear, handline, longline, rod and
                                   reel.
C. Puerto Rico Spiny Lobster      ......................................
 Fishery (FMP)
    i. Commercial fishery.......  i. Trap, pot, dip net, hand harvest,
                                   snare.
    ii. Recreational fishery....  ii. Trap, pot, dip net, hand harvest,
                                   snare.
D. Puerto Rico Coral Reef         No harvest or possession in the EEZ.
 Resources Fishery (FMP).
E. Puerto Rico Queen Conch        No harvest or possession in the EEZ.
 Fishery (FMP).
F. Puerto Rico Pelagic Fishery    ......................................
 (Non-FMP):
    i. Commercial fishery.......  i. Gillnet, automatic reel, bandit
                                   gear, buoy gear, handline, longline,
                                   rod and reel.
    ii. Recreational fishery....  ii. Spear, handline, longline, rod and
                                   reel.
G. Puerto Rico Commercial         Automatic reel, bandit gear, buoy
 Fishery (Non-FMP).                gear, handline, longline, rod and
                                   reel, trawl, gillnet, cast net,
                                   spear.
H. Puerto Rico Recreational       Automatic reel, bandit gear, buoy
 Fishery (Non-FMP).                gear, handline, longline, rod and
                                   reel, spear, powerhead, hand harvest,
                                   cast net.
 
   2. Exclusive Economic Zone     ......................................
        around St. Croix
 
A. St. Croix Reef Fish Fishery    ......................................
 (FMP):
    i. Commercial fishery.......  i. Automatic reel, bandit gear, buoy
                                   gear, handline, longline, rod and
                                   reel, trap, pot, spear.
    ii. Recreational fishery....  ii. Dip net, handline, rod and reel,
                                   slurp gun, spear, trap, pot.
B. St. Croix Pelagic Fishery      ......................................
 (FMP):
    i. Commercial fishery.......  i. Gillnet, automatic reel, bandit
                                   gear, buoy gear, handline, longline,
                                   rod and reel.
    ii. Recreational fishery....  ii. Spear, handline, longline, rod and
                                   reel.
C. St. Croix Spiny Lobster        ......................................
 Fishery (FMP):
    i. Commercial fishery.......  i. Trap, pot, dip net, hand harvest,
                                   snare.
    ii. Recreational fishery....  ii. Trap, pot, dip net, hand harvest,
                                   snare.
D. St. Croix Coral Reef Resource  No harvest or possession in the EEZ.
 Fishery (FMP):.
E. St. Croix Queen Conch Fishery  ......................................
 (FMP):
    i. Commercial fishery.......  i. Hand harvest.
    ii. Recreational fishery....  ii. Hand harvest.
F. St. Croix Pelagic Fishery      ......................................
 (Non-FMP):
    i. Commercial fishery.......  i. Gillnet, automatic reel, bandit
                                   gear, buoy gear, handline, longline,
                                   rod and reel.
    ii. Recreational fishery....  ii. Spear, handline, longline, rod and
                                   reel.
G. St. Croix Commercial Fishery   Automatic reel, bandit gear, buoy
 (Non-FMP).                        gear, handline, longline, rod and
                                   reel, trawl, gillnet, cast net,
                                   spear.
H. St. Croix Recreational         Automatic reel, bandit gear, buoy
 Fishery (Non-FMP).                gear, handline, longline, rod and
                                   reel, spear, powerhead, hand harvest,
                                   cast net.
 

[[Page 30742]]

 
    3. Exclusive Economic Zone    ......................................
     around St. Thomas and St.
     John.
 
A. St. Thomas and St. John Reef   ......................................
 Fish Fishery (FMP):
    i. Commercial fishery.......  i. Automatic reel, bandit gear, buoy
                                   gear, handline, longline, rod and
                                   reel, trap, pot, spear.
    ii. Recreational fishery....  ii. Dip net, handline, rod and reel,
                                   slurp gun, spear, trap, pot.
B. St. Thomas and St. John        ......................................
 Pelagic Fishery (FMP):
    i. Commercial fishery.......  i. Automatic reel, bandit gear, buoy
                                   gear, handline, longline, rod and
                                   reel, gillnet.
    ii. Recreational fishery....  ii. Spear, handline, longline, rod and
                                   reel.
C. St. Thomas and St. John Spiny  ......................................
 Lobster Fishery (FMP).
    i. Commercial fishery.......  i. Trap, pot, dip net, hand harvest,
                                   snare.
    ii. Recreational fishery....  ii. Trap, pot, dip net, hand harvest,
                                   snare.
D. St. Thomas and St. John Coral  No harvest or possession in the EEZ.
 Reef Resource Fishery (FMP).
E. St. Thomas and St. John Queen  No harvest or possession in the EEZ.
 Conch Fishery (FMP).
F. St. Thomas and St. John        ......................................
 Pelagic Fishery (Non-FMP):
    i. Commercial fishery.......  i. Gillnet, automatic reel, bandit
                                   gear, buoy gear, handline, longline,
                                   rod and reel.
    ii. Recreational fishery....  ii. Spear, handline, longline, rod and
                                   reel.
G. St. Thomas and St. John        Automatic reel, bandit gear, buoy
 Commercial Fishery (Non-FMP).     gear, handline, longline, rod and
                                   reel, trawl, gillnet, cast net,
                                   spear.
H. St. Thomas and St. John        Automatic reel, bandit gear, buoy
 Recreational Fishery (Non-FMP).   gear, handline, longline, rod and
                                   reel, spear, powerhead, hand harvest,
                                   cast net.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

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. Amend Sec.  622.1 by:
0
a. Revising paragraph (c); and
0
b. In Table 1:
0
i. Removing the entry for ``FMP for Corals and Reef Associated Plants 
and Invertebrates of Puerto Rico and the U.S. Virgin Islands'';
0
ii. Adding entries for ``FMP for the Exclusive Economic Zone around 
Puerto Rico'', ``FMP for the Exclusive Economic Zone around St. 
Croix'', and ``FMP for the Exclusive Economic Zone around St. Thomas 
and St. John'' in alphabetical order; and
0
iii. Removing the entries for ``FMP for Queen Conch Resources of Puerto 
Rico and the U.S. Virgin Islands'', ``FMP for the Reef Fish Fishery of 
Puerto Rico and the U.S. Virgin Islands'', and ``FMP for the Spiny 
Lobster Fishery of Puerto Rico and the U.S. Virgin Islands''.
    The revisions and additions read as follows:


Sec.  622.1  Purpose and scope.

* * * * *
    (c) This part also governs the importation of spiny lobster into 
Puerto Rico or the U.S. Virgin Islands.
* * * * *

                            Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
                                              Responsible fishery management
                FMP title                               council(s)                      Geographical area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
FMP for the Exclusive Economic Zone       CFMC.................................  Caribbean.
 around Puerto Rico.
FMP for the Exclusive Economic Zone       CFMC.................................  Caribbean.
 around St. Croix.
FMP for the Exclusive Economic Zone       CFMC.................................  Caribbean.
 around St. Thomas and St. John.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
5. Amend Sec.  622.2 by:
0
a. Removing the definitions of ``Caribbean coral reef resource'', 
``Caribbean prohibited coral'', ``Caribbean queen conch'', ``Caribbean 
reef fish'', and ``Caribbean spiny lobster or spiny lobster'';
0
b. Revising paragraph (1) in the definition for ``Fish trap'' and 
paragraph (1) in the definition for ``Import''; and
0
c. Adding, in alphabetical order, the definition for ``Spiny lobster''.
    The revisions and addition read as follows:

[[Page 30743]]

Sec.  622.2  Definitions and acronyms.

* * * * *
    Fish trap * * *
    (1) In the Caribbean EEZ, a trap and its component parts, including 
the lines and buoys, regardless of the construction material, used for 
or capable of taking finfish. This does not include a spiny lobster 
trap as defined in subparts S, T, and U of this part.
* * * * *
    Import * * *
    (1) For the purpose of Sec.  622.1(c) and subparts S, T, and U of 
this part only--To land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into, Puerto Rico or the U.S. 
Virgin Islands, whether or not such landing, bringing, or introduction 
constitutes an importation within the meaning of the customs laws of 
the United States;
* * * * *
    Spiny lobster means the species Panulirus argus, or a part thereof.
* * * * *
0
6. In Sec.  622.4, revise the introductory text and paragraphs (b) and 
(f)(1) to read as follows:


Sec.  622.4  Permits and fees--general.

    This section contains general information about procedures related 
to permits. See also Sec. Sec.  622.70 and 622.220 regarding certain 
permit procedures unique to coral permits in the Gulf of Mexico and the 
South Atlantic, respectively. See subpart F of this part for permit 
requirements related to aquaculture of species other than live rock. 
Permit requirements for specific fisheries, as applicable, are 
contained in the permit sections within subparts B through U of this 
part.
* * * * *
    (b) Change in application information. The owner or operator of a 
vessel with a permit, a person with a coral permit, a person with an 
operator permit, or a dealer with a permit must notify the RA within 30 
days after any change in the application information specified in 
paragraph (a) of this section or in Sec.  622.70(b), Sec.  622.220(b), 
or Sec.  622.400(b). The permit is void if any change in the 
information is not reported within 30 days.
* * * * *
    (f) * * *
    (1) Vessel permits, licenses, and endorsements and dealer permits. 
A vessel permit, license, or endorsement or a dealer permit or 
endorsement issued under this part is not transferable or assignable, 
except as provided in the permits sections within subparts B through U 
of this part, where applicable. A person who acquires a vessel or 
dealership who desires to conduct activities for which a permit, 
license, or endorsement is required must apply for a permit, license, 
or endorsement in accordance with the provisions of this section and 
other applicable sections of this part. If the acquired vessel or 
dealership is currently permitted, the application must be accompanied 
by the original permit, and a copy of a signed bill of sale or 
equivalent acquisition papers. In those cases where a permit, license, 
or endorsement is transferable, the seller must sign the back of the 
permit, license, or endorsement and have the signed transfer document 
notarized.
* * * * *
0
7. In Sec.  622.5, revise the introductory text and paragraph (a) and 
paragraph (b) introductory text to read as follows:


Sec.  622.5  Recordkeeping and reporting--general.

    This section contains recordkeeping and reporting requirements that 
are broadly applicable, as specified, to most or all fisheries governed 
by this part. Additional recordkeeping and reporting requirements 
specific to each fishery are contained in the respective subparts B 
through U of this part.
    (a) Collection of additional data and fish inspection. In addition 
to data required to be reported as specified in subparts B through U of 
this part, as applicable, additional data will be collected by 
authorized statistical reporting agents and by authorized officers. A 
person who fishes for or possesses species in or from the EEZ governed 
in this part is required to make the applicable fish or any part 
thereof available for inspection by the SRD or an authorized officer on 
request.
    (b) Commercial vessel, charter vessel, and headboat inventory. The 
owner or operator of a commercial vessel, charter vessel, or headboat 
operating in a fishery governed in this part who is not selected to 
report by the SRD under the recordkeeping and reporting requirements in 
subparts B through U of this part, must provide the following 
information when interviewed by the SRD:
* * * * *
0
8. In Sec.  622.6, revise the introductory text of paragraphs (a)(1) 
and (2) to read as follows:


Sec.  622.6  Vessel identification.

* * * * *
    (a) * * *
    (1) Official number. A vessel for which a permit has been issued 
under subparts B through U of this part, except for subpart R, and a 
vessel that fishes for or possesses pelagic sargassum in the South 
Atlantic EEZ, must display its official number--
* * * * *
    (2) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1) of this 
section and, in addition, must display their assigned color code: A 
vessel for which a permit has been issued to fish with a sea bass pot, 
as required under Sec.  622.170(a)(1); and, in the EEZ around Puerto 
Rico, St. Croix, or St. Thomas and St. John, a vessel fishing 
commercially with traps for reef fish, as defined in subparts S through 
U of this part, or a vessel fishing for spiny lobster, when color codes 
are required and have been assigned to the vessel by Puerto Rico or the 
U.S. Virgin Islands, as applicable. Color codes required for vessels 
fishing in the EEZ around Puerto Rico, St. Croix, or St. Thomas and St. 
John are assigned by Puerto Rico or the U.S. Virgin Islands, as 
applicable. Color codes required in all other fisheries are assigned by 
the RA. The color code must be displayed--
* * * * *
0
9. Revise Sec.  622.8 to read as follows:


Sec.  622.8  Quotas--general.

    (a) Applicability. Quotas apply for the fishing year for each 
species, species group, sector, or sector component unless 
accountability measures are implemented during the fishing year 
pursuant to the applicable annual catch limits (ACLs) and 
accountability measures (AMs) sections within subparts B through U of 
this part due to a quota overage occurring in the previous year, in 
which case a reduced quota will be specified through notification in 
the Federal Register. Annual quota increases are contingent on the 
total allowable catch for the applicable species not being exceeded in 
the previous fishing year. If the total allowable catch is exceeded in 
the previous fishing year, the RA will file a notification with the 
Office of the Federal Register to maintain the quota for the applicable 
species, species group, sector, or sector component from the previous 
fishing year for following fishing years unless NMFS determines based 
upon the best scientific information available that maintaining the 
quota from the previous year is unnecessary. Except for the quotas for 
Gulf and South Atlantic coral, the quotas include species harvested 
from state waters adjoining the EEZ.
    (b) Quota closures. When a quota specified in this part is reached 
or is projected to be reached, the Assistant Administrator will file a 
notification to

[[Page 30744]]

that effect with the Office of the Federal Register. On and after the 
effective date of such notification, for the remainder of the fishing 
year, the applicable closure restrictions for such a quota, as 
specified in this part apply. See the applicable ACLs, annual catch 
targets (ACTs), and AMs sections in subparts B through U of this part 
for closure provisions when an applicable ACL or ACT is reached or 
projected to be reached.
    (c) Reopening. When a species, species group, sector, or sector 
component has been closed based on a projection of the quota specified 
in this part, or the ACL specified in the applicable ACL and 
accountability measures sections of subparts B through U of this part 
being reached and subsequent data indicate that the quota or ACL was 
not reached, the Assistant Administrator may file a notification to 
that effect with the Office of the Federal Register. Such notification 
may reopen the species, species group, sector, or sector component to 
provide an opportunity for the quota or ACL to be harvested.
0
10. In Sec.  622.9, revise the introductory text and paragraph (b) to 
read as follows:


Sec.  622.9  Prohibited gear and methods--general.

    This section contains prohibitions on use of gear and methods that 
are of general applicability, as specified. Additional prohibitions on 
use of gear and methods applicable to specific species or species 
groups are contained in subparts B through U of this part.
* * * * *
    (b) Chemicals and plants. A toxic chemical may not be used or 
possessed in a coral area.
* * * * *
0
11. In Sec.  622.10, revise the introductory text and paragraph (b) to 
read as follows:


Sec.  622.10  Landing fish intact--general.

    This section contains requirements for landing fish intact that are 
broadly applicable to finfish in the Gulf EEZ and Caribbean EEZ, as 
specified. See subparts B through U of this part, as applicable, for 
additional species-specific requirements for landing fish intact.
* * * * *
    (b) Atlantic highly migratory species, such as tunas, billfishes 
(marlins, spearfishes, and swordfish), and oceanic sharks are not 
subject to the requirements of paragraph (a) of this section. See 50 
CFR part 635 for any requirements applicable to landing Atlantic highly 
migratory species intact.
* * * * *
0
12. Revise Sec.  622.11 to read as follows:


Sec.  622.11  Bag and possession limits--general applicability.

    This section describes the general applicability provisions for bag 
and possession limits specified in subparts B through U of this part.
    (a) Applicability. (1) The bag and possession limits apply for a 
species or species group in or from the EEZ. Unless specified 
otherwise, bag limits apply to a person on a daily basis, regardless of 
the number of trips in a day. Unless specified otherwise, a person is 
limited to a single bag limit for a trip lasting longer than one 
calendar day. Unless specified otherwise, possession limits apply to a 
person on a trip after the first 24 hours of that trip. The bag and 
possession limits apply to a person who fishes in the EEZ in any 
manner, except a person on a vessel in the EEZ that has on board the 
commercial vessel permit required under this part for the appropriate 
species or species group. The possession of a commercial vessel permit 
notwithstanding, the bag and possession limits apply when the vessel is 
operating as a charter vessel or headboat. A person who fishes in the 
EEZ may not combine a bag limit specified in subparts B through U of 
this part with a bag or possession limit applicable to state waters. A 
species or species group subject to a bag limit specified in subparts B 
through U of this part and taken in the EEZ by a person subject to the 
bag limits may not be transferred at sea, regardless of where such 
transfer takes place, and such fish may not be transferred in the EEZ. 
The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that the bag and possession limits specified in subparts B 
through U of this part are not exceeded.
    (2) [Reserved]
    (b) [Reserved]


Sec.  622.12  [Removed and Reserved]

0
13. Remove and reserve Sec.  622.12.


Sec.  622.413  [Redesignated as Sec.  622.19]

0
14. Redesignate Sec.  622.413 as Sec.  622.19 in subpart A.
0
15. In newly redesignated Sec.  622.19, revise paragraphs (a) and 
(b)(7) and (8) to read as follows:


Sec.  622.19  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, NMFS must publish a document in 
the Federal Register and the material must be available to the public. 
All approved material is available for inspection at NMFS and at the 
National Archives and Records Administration (NARA). Contact NMFS at: 
NMFS, Office of Sustainable Fisheries, 1315 East-West Highway, Silver 
Spring, MD; 301-427-8500; www.fisheries.noaa.gov/about/office-sustainable-fisheries. For information on the availability of this 
material at NARA, email: <a href="/cdn-cgi/l/email-protection#4224306c2b2c31322721362b2d2c022c2330236c252d34"><span class="__cf_email__" data-cfemail="99ffebb7f0f7eae9fcfaedf0f6f7d9f7f8ebf8b7fef6ef">[email protected]</span></a>, or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the source(s) in paragraphs (b) and (c) of this 
section.
    (b) * * *
    (7) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, 
Rule 68B-55.002: Retrieval of Trap Debris, in effect as of October 15, 
2007, IBR approved for Sec. Sec.  622.402(c) and 622.403(b).
    (8) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, 
Rule 68B-55.004: Retrieval of Derelict and Traps Located in Areas 
Permanently Closed to Trapping, in effect as of October 15, 2007, IBR 
approved for Sec. Sec.  622.402(c) and 622.403(b).
* * * * *
0
16. In Sec.  622.409, revise paragraphs (a) introductory text and 
(a)(2) to read as follows:


Sec.  622.409  Spiny lobster import prohibitions.

    (a) Minimum size limits for imported spiny lobster. Multiple 
minimum size limits apply to the importation of spiny lobster into the 
United States--one that applies any place subject to the jurisdiction 
of the United States other than Puerto Rico or the U.S. Virgin Islands, 
and more restrictive minimum size limits that apply to Puerto Rico, St. 
Croix, and St. Thomas and St. John, respectively.
* * * * *
    (2) See subparts S, T, and U of this part for the more restrictive 
minimum size limits that apply to spiny lobster imported into Puerto 
Rico, St. Croix, and St. Thomas and St. John, respectively.
* * * * *
0
17. Revise subpart S to read as follows:

Subpart S--FMP for the EEZ Around Puerto Rico

Sec.
622.430 Management area.

[[Page 30745]]

622.431 Definitions.
622.432 [Reserved]
622.433 Vessel identification.
622.434 Gear identification.
622.435 Trap construction specifications and tending restrictions.
622.436 Anchoring restrictions.
622.437 Prohibited gear and methods.
622.438 Prohibited species.
622.439 Area and seasonal closures.
622.440 Annual catch limits (ACLs), annual catch targets (ACTs), and 
accountability measures (AMs).
622.441 Size limits.
622.442 [Reserved]
622.443 Restrictions on sale or purchase.
622.444 Bag and possession limits.
622.445 Other harvest restrictions.
622.446 Spiny lobster import prohibitions.
622.447 Adjustment of management measures.


Sec.  622.430  Management area.

    The management area is the EEZ around Puerto Rico bounded by rhumb 
lines connecting the following points and geographic instructions in 
order:

                                            Table 1 to Sec.   622.430
----------------------------------------------------------------------------------------------------------------
                      Point                                 North lat.                      West long.
----------------------------------------------------------------------------------------------------------------
A (intersects with the international and EEZ      19[deg]37'29''                  65[deg]20'57''
 boundary).
B...............................................  18[deg]25'46.3015''             65[deg]06'31.866''
From Point B proceed southerly along the 3-
 nautical mile territorial boundary of the St.
 Thomas and St. John island group to Point C.
C...............................................  18[deg]13'59.0606''             65[deg]05'33.058''
D...............................................  18[deg]01'16.9636''             64[deg]57'38.817''
E...............................................  17[deg]30'00.000''              65[deg]20'00.1716''
F...............................................  16[deg]02'53.5812''             65[deg]20'00.1716''
From Point F proceed along the international and
 EEZ boundary southwesterly, then northerly,
 then easterly, and finally southerly to Point
 A.
A (intersects with the International and EEZ      19[deg]37'29''                  65[deg]20'57''
 boundary).
----------------------------------------------------------------------------------------------------------------

Sec.  622.431  Definitions.

    In addition to the definitions and acronyms in Sec.  622.2, the 
terms and acronyms used in this subpart have the following meanings:
    Coral means any or all species, or a part thereof, of coral 
occurring in the EEZ around Puerto Rico, including any or all species, 
or a part thereof, of soft corals and gorgonians in Order Alcyonacea; 
sea pens and sea pansies in Order Pennatulacea; black corals in Order 
Antipatharia; stony corals in Order Scleractinia; and, within Order 
Anthoatheacata, fire corals in Family Milleporidae and lace corals in 
Family Stylasteridae.
    Coral reef resource means any or all species, or a part thereof, of 
coral, sea cucumber, and sea urchin.
    Pelagic fish means any or all species, or a part thereof, as 
follows:

                        Table 1 to Sec.   622.431
------------------------------------------------------------------------
       Class or Family           Scientific name     English common name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae  Coryphaena hippurus.  Dolphinfish.
                              Coryphaena equiselis  Pompano dolphinfish.
Barracudas--Sphyraenidae....  Sphyraena barracuda.  Great barracuda.
Mackerels and tunas--         Thunnus atlanticus..  Blackfin tuna.
 Scombridae.
                              Scomberomorus         Cero.
                               regalis.
                              Scomberomorus         King mackerel.
                               cavalla.
                              Euthynnus             Little tunny.
                               alletteratus.
                              Acanthocybium         Wahoo.
                               solandri.
Tripletails--Lobotidae......  Lobotes surinamensis  Tripletail.
------------------------------------------------------------------------

    Queen conch means the species Lobatus gigas, or a part thereof.
    Rays means any or all species, or a part thereof, as follows:

                        Table 2 to Sec.   622.431
------------------------------------------------------------------------
       Class or Family           Scientific name     English common name
------------------------------------------------------------------------
Eagle and manta rays--        Manta birostris.....  Giant manta.
 Myliobatidae.
                              Aetobatus narinari..  Spotted eagle ray.
Stingrays--Dasyatidae.......  Dasyatis americana..  Southern stingray.
------------------------------------------------------------------------

    Reef fish means any or all species, or a part thereof, as follows:

                        Table 3 to Sec.   622.431
------------------------------------------------------------------------
       Class or Family           Scientific name     English common name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae..  Pomacanthus paru....  French angelfish.
                              Pomacanthus arcuatus  Gray angelfish.

[[Page 30746]]

 
                              Holacanthus ciliaris  Queen angelfish.
Groupers--Serranidae........  Mycteroperca bonaci.  Black grouper.
                              Cephalopholis fulva.  Coney.
                              Epinephelus itajara.  Goliath grouper.
                              Cephalopholis         Graysby.
                               cruentata.
                              Hyporthodus           Misty grouper.
                               mystacinus.
                              Epinephelus striatus  Nassau grouper.
                              Epinephelus morio...  Red grouper.
                              Epinephelus guttatus  Red hind.
                              Epinephelus           Rock hind.
                               adscensionis.
                              Mycteroperca tigris.  Tiger grouper.
                              Hyporthodus           Yellowedge grouper.
                               flavolimbatus.
                              Mycteroperca          Yellowfin grouper.
                               venenosa.
                              Mycteroperca          Yellowmouth grouper.
                               interstitialis.
Grunts--Haemulidae..........  Haemulon plumierii..  White grunt.
Jacks--Carangidae...........  Alectis ciliaris....  African pompano.
                              Caranx hippos.......  Crevalle jack.
                              Elagatis bipinnulata  Rainbow runner.
Parrotfishes--Scaridae......  Scarus coeruleus....  Blue parrotfish.
                              Scarus coelestinus..  Midnight parrotfish.
                              Scarus taeniopterus.  Princess parrotfish.
                              Scarus vetula.......  Queen parrotfish.
                              Scarus guacamaia....  Rainbow parrotfish.
                              Sparisoma             Redband parrotfish.
                               aurofrenatum.
                              Sparisoma             Redtail parrotfish.
                               chrysopterum.
                              Sparisoma viride....  Stoplight
                                                     parrotfish.
                              Scarus iseri........  Striped parrotfish.
Snappers--Lutjanidae........  Apsilus dentatus....  Black snapper.
                              Lutjanus buccanella.  Blackfin snapper.
                              Pristipomoides        Cardinal snapper.
                               macrophthalmus.
                              Lutjanus cyanopterus  Cubera snapper.
                              Lutjanus jocu.......  Dog snapper.
                              Lutjanus synagris...  Lane snapper.
                              Lutjanus analis.....  Mutton snapper.
                              Etelis oculatus.....  Queen snapper.
                              Lutjanus apodus.....  Schoolmaster.
                              Lutjanus vivanus....  Silk snapper.
                              Rhomboplites          Vermilion snapper.
                               aurorubens.
                              Pristipomoides        Wenchman.
                               aquilonaris.
                              Ocyurus chrysurus...  Yellowtail snapper.
Surgeonfishes--Acanthuridae.  Acanthurus coeruleus  Blue tang.
                              Acanthurus chirurgus  Doctorfish.
                              Acanthurus tractus..  Ocean surgeonfish.
Triggerfishes--Balistidae...  Balistes capriscus..  Gray triggerfish.
                              Canthidermis          Ocean triggerfish.
                               sufflamen.
                              Balistes vetula.....  Queen triggerfish.
Wrasses--Labridae...........  Lachnolaimus maximus  Hogfish.
                              Halichoeres radiatus  Puddingwife.
                              Bodianus rufus......  Spanish hogfish.
------------------------------------------------------------------------

    Sea cucumber means any or all species, or a part thereof, in Class 
Holothuroidea and occurring in the EEZ around Puerto Rico.
    Sea urchin means any or all species of sea urchin, or a part 
thereof, in Class Echinoidea and occurring in the EEZ around Puerto 
Rico.
    Spiny lobster trap means a trap and its component parts, including 
the lines and buoys, used for or capable of taking spiny lobster and 
meeting the spiny lobster trap construction specifications of this 
subpart.


Sec.  622.432  [Reserved]


Sec.  622.433  Vessel identification.

    See Sec.  622.6 for vessel identification requirements applicable 
to this subpart.


Sec.  622.434  Gear identification.

    (a) Reef fish--(1) Fish traps and associated buoys. All fish traps 
used or possessed in the EEZ around Puerto Rico must display the 
official number specified for the vessel by Puerto Rico or the U.S. 
Virgin Islands. A fish trap that is fished individually, rather than 
tied together in a trap line, must have at least one buoy attached that 
floats on the surface. Fish traps that are tied together in a trap line 
must have at least one buoy that floats at the surface attached at each 
end of the trap line. All buoys must display the official number and 
color code assigned to the vessel by Puerto Rico or the U.S. Virgin 
Islands, whichever is applicable.
    (2) Presumption of ownership of fish traps. A fish trap in the EEZ 
around Puerto Rico will be presumed to be the property of the most 
recently documented owner. This presumption will not apply with respect 
to such traps that are lost or sold if the owner reports the loss or 
sale within 15 days to the RA.
    (3) Disposition of unmarked fish traps or buoys. An unmarked fish 
trap or buoy deployed in the EEZ around Puerto Rico

[[Page 30747]]

is illegal and may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.
    (b) [Reserved]
    (c) Spiny lobster--(1) Spiny lobster traps and associated buoys. 
All spiny lobster traps used or possessed in the EEZ around Puerto Rico 
must display the official number specified for the vessel by Puerto 
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished 
individually, rather than tied together in a trap line, must have at 
least one buoy attached that floats on the surface. Spiny lobster traps 
that are tied together in a trap line must have at least one buoy that 
floats at the surface attached at each end of the trap line. All buoys 
must display the official number and color code assigned to the vessel 
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
    (2) Presumption of ownership of spiny lobster traps. A spiny 
lobster trap in the EEZ around Puerto Rico will be presumed to be the 
property of the most recently documented owner. This presumption will 
not apply with respect to such traps that are lost or sold if the owner 
reports the loss or sale within 15 days to the RA.
    (3) Disposition of unmarked spiny lobster traps or buoys. An 
unmarked spiny lobster trap or buoy deployed in the EEZ around Puerto 
Rico is illegal and may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.


Sec.  622.435  Trap construction specifications and tending 
restrictions.

    (a) Reef fish--(1) Construction specifications--(i) Minimum mesh 
size. A bare-wire fish trap used or possessed in the EEZ around Puerto 
Rico that has hexagonal mesh openings must have a minimum mesh size of 
1.5 inches (3.8 cm) in the smallest dimension measured between centers 
of opposite strands. A bare-wire fish trap used or possessed in the EEZ 
around Puerto Rico that has other than hexagonal mesh openings or a 
fish trap of other than bare wire, such as coated wire or plastic, used 
or possessed in the EEZ around Puerto Rico, must have a minimum mesh 
size of 2 inches (5.1 cm) in the smallest dimension measured between 
centers of opposite strands.
    (ii) Escape mechanisms. A fish trap used or possessed in the EEZ 
around Puerto Rico must have a panel located on one side of the trap, 
excluding the top, bottom, and side containing the trap entrance. The 
opening covered by the panel must measure not less than 8 by 8 inches 
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than 
the mesh size of the trap. The panel must be attached to the trap with 
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm). 
An access door may serve as the panel, provided it is on an appropriate 
side, it is hinged only at its bottom, its only other fastening is 
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm), 
and such fastening is at the top of the door so that the door will fall 
open when such twine degrades. Jute twine used to secure a panel may 
not be wrapped or overlapped.
    (2) Tending restrictions. A fish trap in the EEZ around Puerto Rico 
may be pulled or tended only by a person (other than an authorized 
officer) aboard the fish trap owner's vessel, or aboard another vessel 
if such vessel has on board written consent of the trap owner, or if 
the trap owner is aboard and has documentation verifying his 
identification number and color code. An owner's written consent must 
specify the time period such consent is effective and the trap owner's 
gear identification number and color code.
    (b) [Reserved]
    (c) Spiny lobster--(1) Construction specifications--(i) Escape 
mechanisms. A spiny lobster trap used or possessed in the EEZ around 
Puerto Rico must contain on any vertical side or on the top a panel no 
smaller in diameter than the throat or entrance of the trap. The panel 
must be made of or attached to the trap by one of the following 
degradable materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to 
tyre palm, hemp, jute, cotton, wool, or silk.
    (B) Ungalvanized or uncoated iron wire with a diameter not 
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
    (ii) [Reserved]
    (2) Tending restrictions. A spiny lobster trap in the EEZ around 
Puerto Rico may be pulled or tended only by a person (other than an 
authorized officer) aboard the trap owner's vessel, or aboard another 
vessel if such vessel has on board written consent of the trap owner, 
or if the trap owner is aboard and has documentation verifying his 
identification number and color code. An owner's written consent must 
specify the time period such consent is effective and the trap owner's 
gear identification number and color code.


Sec.  622.436  Anchoring restrictions.

    The owner or operator of any fishing vessel, recreational or 
commercial, that fishes for or possesses reef fish in or from the EEZ 
around Puerto Rico must ensure that the vessel uses only an anchor 
retrieval system that recovers the anchor by its crown, thereby 
preventing the anchor from dragging along the bottom during recovery. 
For a grapnel hook, this could include an incorporated anchor rode 
reversal bar that runs parallel along the shank, which allows the rode 
to reverse and slip back toward the crown. For a fluke- or plow-type 
anchor, a trip line consisting of a line from the crown of the anchor 
to a surface buoy is required.


Sec.  622.437  Prohibited gear and methods.

    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--(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 harvest reef fish. The possession of a mutilated reef 
fish in or from the EEZ around Puerto Rico and a powerhead constitutes 
a rebuttable presumption of a violation of this paragraph (a)(2).
    (3) Gillnets and trammel nets. A gillnet or trammel net may not be 
used in the EEZ around Puerto Rico to fish for reef fish. The 
possession of a reef fish in or from the EEZ around Puerto Rico and a 
gillnet or trammel net constitutes a rebuttable presumption of a 
violation of this paragraph (a)(3). A gillnet or trammel net used in 
the EEZ around Puerto Rico to fish for any other species must be tended 
at all times.
    (b) [Reserved]
    (c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar 
device may not be used in the EEZ around Puerto Rico to harvest a spiny 
lobster. The possession of a speared, pierced, or punctured spiny 
lobster in or from the EEZ around Puerto Rico constitutes a rebuttable 
presumption of a violation of this paragraph (c)(1).
    (2) Gillnets and trammel nets. A gillnet or trammel net may not be 
used in the EEZ around Puerto Rico to fish for spiny lobster. The 
possession of a spiny lobster in or from the EEZ around Puerto Rico and 
a gillnet or trammel net constitutes a rebuttable presumption of a 
violation of this paragraph (c)(2). A gillnet or trammel net used in 
the EEZ around Puerto Rico to fish for any other species must be tended 
at all times.


Sec.  622.438  Prohibited species.

    The harvest and possession restrictions of this section apply 
without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ around

[[Page 30748]]

Puerto Rico is responsible for the limit applicable to that vessel. Any 
of the following species caught in the EEZ around Puerto Rico must be 
released immediately with a minimum of harm.
    (a) Reef fish. No person may fish for or possess the following reef 
fish species in or from the EEZ around Puerto Rico.
    (1) Goliath grouper or Nassau grouper.
    (2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
    (b)-(c) [Reserved]
    (d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or 
sea urchin may not be fished for or possessed in or from the EEZ around 
Puerto Rico. The taking of coral in the EEZ around Puerto Rico is not 
considered unlawful possession provided it is returned immediately to 
the sea in the general area of fishing.
    (e) Queen conch. No person may fish for or possess queen conch in 
or from the EEZ around Puerto Rico.
    (f) Rays. No person may fish for or possess giant manta, spotted 
eagle ray, or southern stingray in or from the EEZ around Puerto Rico.


Sec.  622.439  Area and seasonal closures.

    (a) Closures applicable to specific areas--(1) Abrir La Sierra Bank 
red hind spawning aggregation area. Abrir La Sierra Bank is bounded by 
rhumb lines connecting, in order, the points listed in Table 1 to this 
paragraph (a)(1).
    (i) From December 1 through the last day of February, each year, 
fishing is prohibited in Abrir La Sierra Bank.
    (ii) Fishing with pots, traps, bottom longlines, gillnets or 
trammel nets is prohibited year-round in Abrir La Sierra Bank.

          Table 1 to Sec.   622.439(a)(1)--Abrir La Sierra Bank
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18[deg]06.5'          67[deg]26.9'
B...........................  18[deg]06.5'          67[deg]23.9'
C...........................  18[deg]03.5'          67[deg]23.9'
D...........................  18[deg]03.5'          67[deg]26.9'
A...........................  18[deg]06.5'          67[deg]26.9'
------------------------------------------------------------------------

    (2) Tourmaline Bank red hind spawning aggregation area. Tourmaline 
Bank is bounded by rhumb lines connecting, in order, the points listed 
in Table 2 to this paragraph (a)(2).
    (i) From December 1 through the last day of February, each year, 
fishing is prohibited in those parts of Tourmaline Bank that are in the 
EEZ around Puerto Rico.
    (ii) Fishing with pots, traps, bottom longlines, gillnets or 
trammel nets is prohibited year-round in those parts of Tourmaline Bank 
that are in the EEZ around Puerto Rico.

            Table 2 to Sec.   622.439(a)(2)--Tourmaline Bank
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18[deg]11.2'          67[deg]22.4'
B...........................  18[deg]11.2'          67[deg]19.2'
C...........................  18[deg]08.2'          67[deg]19.2'
D...........................  18[deg]08.2'          67[deg]22.4'
A...........................  18[deg]11.2'          67[deg]22.4'
------------------------------------------------------------------------

    (3) Bajo de Sico. Bajo de Sico is bounded by rhumb lines 
connecting, in order, the points listed in Table 3 to this paragraph 
(a)(3).
    (i) From October 1 through March 31, each year, no person may fish 
for or possess any reef fish in or from those parts of Bajo de Sico 
that are in the EEZ around Puerto Rico. The prohibition on possession 
does not apply to such reef fish harvested and landed ashore prior to 
the closure.
    (ii) Fishing with pots, traps, bottom longlines, gillnets or 
trammel nets is prohibited year-round in those parts of Bajo de Sico 
that are in the EEZ around Puerto Rico.
    (iii) Anchoring by fishing vessels is prohibited year-round in 
those parts of Bajo de Sico that are in the EEZ around Puerto Rico.

              Table 3 to Sec.   622.439(a)(3)--Bajo de Sico
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18[deg]15.7'          67[deg]26.4'
B...........................  18[deg]15.7'          67[deg]23.2'
C...........................  18[deg]12.7'          67[deg]23.2'
D...........................  18[deg]12.7'          67[deg]26.4'
A...........................  18[deg]15.7'          67[deg]26.4'
------------------------------------------------------------------------

    (b) Seasonal closures applicable to specific species--(1) Black, 
red, tiger, yellowedge, and yellowfin grouper closure. From February 1 
through April 30, each year, no person may fish for or possess black, 
red, tiger, yellowedge, or yellowfin grouper in or from the EEZ around 
Puerto Rico. The prohibition on possession does not apply to such 
grouper harvested and landed ashore prior to the closure.
    (2) Red hind closure. From December 1 through the last day of 
February, each year, no person may fish for or possess red hind in or 
from the EEZ around Puerto Rico west of 67[deg]10' W longitude. The 
prohibition on possession does not apply to red hind harvested and 
landed ashore prior to the closure.
    (3) Black, blackfin, silk, and vermilion snapper closure. From 
October 1 through December 31, each year, no person may fish for or 
possess black, blackfin, silk, or vermilion snapper in or from the EEZ 
around Puerto Rico. The prohibition on possession does not apply to 
such snapper harvested and landed ashore prior to the closure.
    (4) Lane and mutton snapper closure. From April 1 through June 30, 
each year, no person may fish for or possess lane or mutton snapper in 
or from the EEZ around Puerto Rico. The prohibition on possession does 
not apply to such snapper harvested and landed ashore prior to the 
closure.


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

    (a) Reef fish. For those fishing commercially, the applicable ACL 
is the commercial ACL. For those fishing recreationally, the applicable 
ACL is the recreational ACL. When landings for one sector are not 
available for comparison to that sector's ACL, the ACL for the sector 
with available landings is the ACL for the stock or stock complex.
    (1) Commercial ACLs. The commercial ACLs are as follows and given 
in round weight.

                     Table 1 to Sec.   622.440(a)(1)
------------------------------------------------------------------------
                              Stock or stock complex
           Family            and species composition    Commercial ACL
------------------------------------------------------------------------
Angelfishes................  Angelfish--French        137 lb (62.1 kg).
                              angelfish, gray
                              angelfish, queen
                              angelfish.
Groupers...................  Grouper 3--coney \1\,    23,890 lb
                              graysby.                 (10,836.3 kg).
                             Grouper 4--black         2,492 lb (1,130.3
                              grouper, red grouper,    kg).
                              tiger grouper,
                              yellowfin grouper,
                              yellowmouth grouper.
                             Grouper 5--misty         15,327 lb (6,952.2
                              grouper, yellowedge      kg).
                              grouper.
                             Grouper 6--red hind      121,729 lb
                              \1\, rock hind.          (55,215.3 kg).
Grunts.....................  Grunts--white grunt....  177,923 lb
                                                       (80,704.5 kg).
Jacks......................  Jacks 1--crevalle jack.  46 lb (20.8 kg).
                             Jacks 2--African         1,052 lb (477.1
                              pompano.                 kg).

[[Page 30749]]

 
                             Jacks 3--rainbow runner  913 lb (414.1 kg).
Parrotfishes...............  Parrotfish 2--princess   147,774 lb
                              parrotfish, queen        (67,029.1 kg).
                              parrotfish, redband
                              parrotfish, redtail
                              parrotfish, stoplight
                              parrotfish, striped
                              parrotfish.
Snappers...................  Snapper 1--black         424,009 lb
                              snapper, blackfin        (192,327.2 kg).
                              snapper, silk snapper
                              \1\, vermilion
                              snapper, wenchman.
                             Snapper 2--cardinal      257,236 lb
                              snapper, queen snapper   (116,680.2 kg).
                              \1\.
                             Snapper 3--lane snapper  244,376 lb
                                                       (110,847 kg).
                             Snapper 4--dog snapper,  116,434 lb
                              mutton snapper \1\,      (52,813.5 kg).
                              schoolmaster.
                             Snapper 5--yellowtail    315,806 lb
                              snapper.                 (143,247.1 kg).
                             Snapper 6--cubera        119 lb (53.9 kg).
                              snapper.
Surgeonfishes..............  Surgeonfish--blue tang,  147 lb (66.6 kg).
                              doctorfish, ocean
                              surgeonfish.
Triggerfishes..............  Triggerfish--gray        83,099 lb (37,693
                              triggerfish, ocean       kg).
                              triggerfish, queen
                              triggerfish \1\.
Wrasses....................  Wrasses 1--hogfish.....  70,140 lb
                                                       (31,814.9 kg).
                             Wrasses 2--puddingwife,  20,126 lb (9,129
                              Spanish hogfish.         kg).
------------------------------------------------------------------------
\1\ Indicator stock.

    (2) Recreational ACLs. The recreational ACLs are as follows and 
given in round weight.

                     Table 2 to Sec.   622.440(a)(2)
------------------------------------------------------------------------
                              Stock or stock complex
           Family            and species composition   Recreational ACL
------------------------------------------------------------------------
Angelfishes................  Angelfish--French        2,985 lb (1,353.9
                              angelfish, gray          kg).
                              angelfish, queen
                              angelfish.
Groupers...................  Grouper 3--coney \1\,    19,634 lb (8,905.8
                              graysby.                 kg).
                             Grouper 4--black         5,867 lb (2,661.2
                              grouper, red grouper,    kg).
                              tiger grouper,
                              yellowfin grouper,
                              yellowmouth grouper.
                             Grouper 5--misty         4,225 lb (1,916.4
                              grouper, yellowedge      kg).
                              grouper.
                             Grouper 6--red hind      34,493 lb
                              \1\, rock hind.          (15,645.7 kg).
Grunts.....................  Grunts--white grunt....  2,461 lb (1,116.2
                                                       kg).
Jacks......................  Jacks 1--crevalle jack.  41,894 lb
                                                       (19,002.7 kg).
                             Jacks 2--African         5,719 lb (2,594
                              pompano.                 kg).
                             Jacks 3--rainbow runner  8,091 lb (3,670
                                                       kg).
Parrotfishes...............  Parrotfish 2--princess   17,052 lb (7,734.6
                              parrotfish, queen        kg).
                              parrotfish, redband
                              parrotfish, redtail
                              parrotfish, stoplight
                              parrotfish, striped
                              parrotfish.
Snappers...................  Snapper 1--black         111,943 lb
                              snapper, blackfin        (50,776.4 kg).
                              snapper, silk snapper
                              \1\, vermilion
                              snapper, wenchman.
                             Snapper 2--cardinal      24,974 lb (11,328
                              snapper, queen snapper   kg).
                              \1\.
                             Snapper 3--lane snapper  21,603 lb (9,798.9
                                                       kg).
                             Snapper 4--dog snapper,  76,625 lb
                              mutton snapper *,        (34,756.5 kg).
                              schoolmaster.
                             Snapper 5--yellowtail    23,988 lb
                              snapper.                 (10,880.7 kg).
                             Snapper 6--cubera        6,448 lb (2,924.7
                              snapper.                 kg).
Surgeonfishes..............  Surgeonfish--blue tang,  860 lb (390 kg).
                              doctorfish, ocean
                              surgeonfish.
Triggerfishes..............  Triggerfish--gray        7,453 lb (3,380.6
                              triggerfish, ocean       kg).
                              triggerfish, queen
                              triggerfish \1\.
Wrasses....................  Wrasses 1--hogfish.....  8,263 lb (3,748
                                                       kg).
                             Wrasses 2--puddingwife,  5,372 lb (2,436.6
                              Spanish hogfish.         kg).
------------------------------------------------------------------------
\1\ Indicator stock.

    (3) Total ACLs. The total ACLs (combined commercial and 
recreational ACLs) are as follows and given in round weight.

                     Table 3 to Sec.   622.440(a)(3)
------------------------------------------------------------------------
                              Stock or stock complex
           Family            and species composition       Total ACL
------------------------------------------------------------------------
Angelfishes................  Angelfish--French        3,122 lb (1,416.1
                              angelfish, gray          kg).
                              angelfish, queen
                              angelfish.
Groupers...................  Grouper 3--coney \1\,    43,524 lb
                              graysby.                 (19,742.1 kg).
                             Grouper 4--black         8,359 lb (3,791.5
                              grouper, red grouper,    kg).
                              tiger grouper,
                              yellowfin grouper,
                              yellowmouth grouper.
                             Grouper 5--misty         19,552 lb (8,868.6
                              grouper, yellowedge      kg).
                              grouper.
                             Grouper 6--red hind      156,222 lb
                              \1\, rock hind.          (70,861.1 kg).
Grunts.....................  Grunts--white grunt....  180,384 lb
                                                       (81,820.8 kg).
Jacks......................  Jacks 1--crevalle jack.  41,940 lb
                                                       (19,023.6 kg).
                             Jacks 2--African         6,771 lb (3,071.2
                              pompano.                 kg).
                             Jacks 3--rainbow runner  9,004 lb (4,084.1
                                                       kg).

[[Page 30750]]

 
Parrotfishes...............  Parrotfish 2--princess   164,826 lb
                              parrotfish, queen        (74,763.8 kg).
                              parrotfish, redband
                              parrotfish, redtail
                              parrotfish, stoplight
                              parrotfish, striped
                              parrotfish.
Snappers...................  Snapper 1--black         535,952 lb
                              snapper, blackfin        (243,103.7 kg).
                              snapper, silk snapper
                              \1\, vermilion
                              snapper, wenchman.
                             Snapper 2--cardinal      282,210 lb
                              snapper, queen snapper   (128,008.3 kg).
                              \1\.
                             Snapper 3--lane snapper  265,979 lb
                                                       (120,646 kg).
                             Snapper 4--dog snapper,  193,059 lb (87,570
                              mutton snapper \1\,      kg).
                              schoolmaster.
                             Snapper 5--yellowtail    339,794 lb
                              snapper.                 (154,127.9 kg).
                             Snapper 6--cubera        6,567 lb (2,978.7
                              snapper.                 kg).
Surgeonfishes..............  Surgeonfish--blue tang,  1,007 lb (456.7
                              doctorfish, ocean        kg).
                              surgeonfish.
Triggerfishes..............  Triggerfish--gray        90,552 lb
                              triggerfish, ocean       (41,073.6 kg).
                              triggerfish, queen
                              triggerfish \1\.
Wrasses....................  Wrasses 1--hogfish.....  78,403 lb (35,563
                                                       kg).
                             Wrasses 2--puddingwife,  25,498 lb
                              Spanish hogfish.         (11,565.6 kg).
------------------------------------------------------------------------
\1\ Indicator stock.

    (4) General applicability and monitoring of AMs. At or near the 
beginning the fishing year, landings for each stock, stock complex, or 
indicator stock will be evaluated relative to the ACL based on a moving 
multi-year average of landings, as described in the FMP. When landings 
for one sector are not available for comparison to that sector's ACL, 
the ACL for the sector with available landings is the ACL for the stock 
or stock complex and the AM specified in paragraph (a)(7) of this 
section applies. Any fishing season reduction required under paragraph 
(a) of this section will be applied starting from September 30 and 
moving earlier toward the beginning of the fishing year. If the length 
of the required fishing season reduction exceeds the time period of 
January 1 through September 30, any additional fishing season reduction 
will be applied starting from October 1 and moving later toward the end 
of the fishing year.
    (5) Commercial AMs. If NMFS estimates that commercial landings for 
a stock, stock complex, or indicator stock have exceeded the applicable 
commercial ACL specified in paragraph (a)(1) of this section for the 
stock or stock complex, and the combined commercial and recreational 
landings for the stock, stock complex, or indicator stock have exceeded 
the applicable combined commercial and recreational sector ACL (total 
ACL) specified in paragraph (a)(3) of this section for that stock or 
stock complex, the Assistant Administrator for NOAA Fisheries (AA) will 
file a notification with the Office of the Federal Register to reduce 
the length of the commercial fishing season for the stock or stock 
complex within that fishing year by the amount necessary to prevent 
commercial landings from exceeding the commercial ACL for the stock or 
stock complex, unless NMFS determines that a fishing season reduction 
is not necessary based on the best scientific information available. If 
NMFS determines that either the commercial ACL or total ACL for the 
stock or stock complex was exceeded because data collection or 
monitoring improved rather than because landings increased, NMFS will 
not reduce the length of the commercial fishing season for the stock or 
stock complex.
    (6) Recreational AMs. If NMFS estimates that recreational landings 
for a stock, stock complex, or indicator stock have exceeded the 
applicable recreational ACL specified in paragraph (a)(2) of this 
section for the stock or stock complex, and the combined commercial and 
recreational landings for the stock, stock complex, or indicator stock 
have exceeded the applicable combined commercial and recreational ACL 
(total ACL) specified in paragraph (a)(3) of this section for that 
stock or stock complex, the AA will file a notification with the Office 
of the Federal Register to reduce the length of the recreational 
fishing season for the stock or stock complex within that fishing year 
by the amount necessary to prevent recreational landings from exceeding 
the recreational ACL for the stock or stock complex, unless NMFS 
determines that a fishing season reduction is not necessary based on 
the best scientific information available. If NMFS determines that 
either the recreational ACL or total ACL for the stock or stock complex 
was exceeded because data collection or monitoring improved rather than 
because landings increased, NMFS will not reduce the length of the 
recreational fishing season for the stock or stock complex.
    (7) AM when only one sector's landings are available. When landings 
for one sector are not available for comparison to that sector's ACL, 
the ACL for the sector with available landings in this paragraph (a) is 
the applicable ACL for the stock or stock complex. If NMFS estimates 
that available landings for the stock, stock complex, or indicator 
stock, have exceeded the applicable ACL for the stock or stock complex, 
the AA will file a notification with the Office of the Federal Register 
to reduce the length of the fishing season for the stock or stock 
complex within that fishing year by the amount necessary to prevent 
landings from exceeding the ACL, unless NMFS determines that a fishing 
season reduction is not necessary based on the best scientific 
information available. If NMFS determines that the ACL was exceeded 
because data collection or monitoring improved rather than because 
landings increased, NMFS will not reduce the length of the fishing 
season for the stock or stock complex.
    (b) Pelagic fish. The ACLs and ACTs are given in round weight. 
Indicator stocks are noted in the relevant tables to paragraph (a) of 
this section. For those fishing commercially, the applicable ACL is the 
commercial ACL and the applicable ACT is the commercial ACT. For those 
fishing recreationally, the applicable ACL is the recreational ACL and 
the applicable ACT is the recreational ACT. When landings for one 
sector are not available for comparison to that sector's ACL and ACT, 
the ACL and ACT for the sector with available landings are the ACL and 
ACT for the stock or stock complex.
    (1) Barracuda--great barracuda. (i) Commercial ACL--495 lb (224.5 
kg).
    (ii) Commercial ACT--445 lb (201.8 kg).
    (iii) Recreational ACL--167,693 lb (76,064.2 kg).
    (iv) Recreational ACT--150,924 lb (68,457.9 kg).
    (2) Dolphinfishes--dolphinfish, pompano dolphinfish. (i) Commercial 
ACL--232,173 lb (105,311.9 kg).
    (ii) Commercial ACT--208,956 lb (94,780.8 kg).

[[Page 30751]]

    (iii) Recreational ACL--1,513,873 lb (686,681.2 kg).
    (iv) Recreational ACT--1,362,486 lb (618,013.2 kg).
    (3) Mackerels--cero, king mackerel. (i) Commercial ACL--232,422 lb 
(105,424.8 kg).
    (ii) Commercial ACT--209,180 lb (94,882.4 kg).
    (iii) Recreational ACL--129,180 lb (58,595 kg).
    (iv) Recreational ACT--116,262 lb (52,735.5 kg).
    (4) Tripletail. (i) Commercial ACL--270 lb (122.4 kg).
    (ii) Commercial ACT--243 lb (110.2 kg).
    (iii) Recreational ACL--39,005 lb (17,692.3 kg).
    (iv) Recreational ACT--35,105 lb (15,923.3 kg).
    (5) Tunas--blackfin tuna, little tunny. (i) Commercial ACL--82,779 
lb (37,547.9 kg).
    (ii) Commercial ACT--74,501 lb (33,793 kg).
    (iii) Recreational ACL--34,485 lb (15,642.1 kg).
    (iv) Recreational ACT--31,037 lb (14,078.1 kg).
    (6) Wahoo. (i) Commercial ACL--25,911 lb (11,753 kg).
    (ii) Commercial ACT--23,320 lb (10,577.7 kg).
    (iii) Recreational ACL--210,737 lb (95,588.6 kg).
    (iv) Recreational ACT--189,663 lb (86,029.6 kg).
    (7) Pelagic fish AM application. At or near the beginning the 
fishing year, landings for each stock, stock complex, or indicator 
stock will be evaluated relative to the applicable ACT for the stock or 
stock complex based on a moving multi-year average of landings, as 
described in the FMP. If NMFS estimates that landings have exceeded the 
applicable ACT specified in paragraph (b) of this section for a stock 
or stock complex, NMFS in consultation with the Caribbean Fishery 
Management Council will determine appropriate corrective action.
    (c) Spiny lobster. (1) ACL--527,232 lb (239,148.4 kg), round 
weight.
    (2) At or near the beginning the fishing year, landings will be 
evaluated relative to the ACL based on a moving multi-year average of 
landings, as described in the FMP. If NMFS estimates that landings have 
exceeded the ACL specified in paragraph (c)(1) of this section, the AA 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for spiny lobster within that 
fishing year by the amount necessary to prevent landings from exceeding 
the ACL, unless NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available. If NMFS 
determines the ACL was exceeded because data collection or monitoring 
improved rather than because landings increased, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
    (d)-(e) [Reserved]
    (f) Closure provisions for reef fish and spiny lobster--(1) 
Restrictions applicable during a commercial closure for a reef fish 
stock or stock complex in the EEZ around Puerto Rico. During the 
closure period announced in the notification filed pursuant to 
paragraph (a)(5) of this section, the commercial sector included in the 
notification is closed, and such stock or stock complex in or from the 
EEZ around Puerto Rico may not be purchased or sold. Harvest or 
possession of such reef fish stock or stock complex in or from the EEZ 
around Puerto Rico is limited to the recreational bag and possession 
limits. If the recreational sector for such stock or stock complex also 
is closed, such stock or stock complex in or from the EEZ around Puerto 
Rico may not be harvested, possessed, purchased, or sold, and the bag 
and possession limits are zero.
    (2) Restrictions applicable during a recreational closure for a 
reef fish stock or stock complex in the EEZ around Puerto Rico. During 
the closure period announced in the notification filed pursuant to 
paragraph (a)(6) of this section, the recreational sector for the reef 
fish stock or stock complex included in the notification is closed, and 
the bag and possession limits for such stock or stock complex in or 
from the EEZ around Puerto Rico are zero. If the commercial sector for 
such stock or stock complex also is closed, such stock or stock complex 
in or from the EEZ around Puerto Rico may not be harvested, possessed, 
purchased, or sold, and the bag and possession limits are zero.
    (3) Restrictions applicable during a closure for a reef fish stock 
or stock complex in the EEZ around Puerto Rico when only one sector's 
landings are available. During the closure period announced in the 
notification filed pursuant to paragraph (a)(7) of this section, the 
fishing season for the reef fish stock or stock complex included in the 
notification is closed, and such stock or stock complex in or from the 
EEZ around Puerto Rico may not be harvested, possessed, purchased, or 
sold, and the bag and possession limits for such stock or stock complex 
are zero.
    (4) Restrictions applicable during a spiny lobster closure in the 
EEZ around Puerto Rico. During the closure period announced in the 
notification filed pursuant to paragraph (c)(2) of this section, the 
fishing season for spiny lobster is closed, and spiny lobster in or 
from the EEZ around Puerto Rico may not be harvested, possessed, 
purchased, or sold, and the bag and possession limits are zero.


Sec.  622.441  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit in or 
from the EEZ around Puerto Rico may not be possessed, sold, or 
purchased, and must be released immediately with a minimum of harm. The 
operator of a vessel that fishes in the EEZ around Puerto Rico is 
responsible for ensuring that all species on board are in compliance 
with the size limits specified in this section. See Sec.  622.10 
regarding requirements for landing fish intact. See Sec.  622.445(c)(2) 
regarding requirements for landing spiny lobster intact.
    (a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
    (2) [Reserved]
    (b) [Reserved]
    (c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.


Sec.  622.442  [Reserved]


Sec.  622.443  Restrictions on sale or purchase.

    (a) Reef fish. A live red hind or live mutton snapper in or from 
the EEZ around Puerto Rico may not be sold or purchased and used in the 
marine aquarium trade.
    (b) [Reserved]
    (c) Coral. (1) No person may sell or purchase a coral harvested in 
the EEZ around Puerto Rico.
    (2) A coral that is sold in Puerto Rico will be presumed to have 
been harvested in the EEZ around Puerto Rico, unless it is accompanied 
by documentation showing that it was harvested elsewhere. Such 
documentation must contain:
    (i) The information specified in subpart K of part 300 of this 
title for marking containers or packages of fish

[[Page 30752]]

or wildlife that are imported, exported, or transported in interstate 
commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual harvesting the coral.
    (iii) The port and date of landing the coral.
    (iv) A statement signed by the person selling the coral attesting 
that, to the best of his or her knowledge, information, and belief, 
such coral was harvested from other than in the EEZ around Puerto Rico 
or the waters of Puerto Rico or the U.S. Virgin Islands.


Sec.  622.444  Bag and possession limits.

    Section 622.11(a) provides the general applicability for bag and 
possession limits. However, Sec.  622.11(a) notwithstanding, the bag 
limits of this section do not apply to a person who has a valid 
commercial fishing license issued by Puerto Rico or the U.S. Virgin 
Islands.
    (a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5 
per person per day or, if 3 or more persons are aboard, 15 per vessel 
per day; but not to exceed 2 parrotfish per person per day or 6 
parrotfish per vessel per day.
    (2) Angelfishes, grunts, jacks, surgeonfishes, triggerfishes, and 
wrasses combined--5 per person per day or, if 3 or more persons are 
aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per 
person per day or 4 surgeonfish per vessel per day.
    (b) [Reserved]
    (c) Spiny lobster. 3 per person per day, not to exceed 10 per 
vessel per day, whichever is less.


Sec.  622.445  Other harvest restrictions.

    (a)-(b) [Reserved]
    (c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny 
lobster. Egg-bearing spiny lobster in the EEZ around Puerto Rico must 
be returned to the water unharmed. An egg-bearing spiny lobster may be 
retained in a spiny lobster trap, provided the trap is returned 
immediately to the water. An egg-bearing spiny lobster may not be 
stripped, scraped, shaved, clipped, or in any other manner molested, in 
order to remove the eggs.
    (2) Landing spiny lobster intact. (i) A spiny lobster in or from 
the EEZ around Puerto Rico must be maintained with head and carapace 
intact through offloading ashore.
    (ii) The operator of a vessel that fishes in the EEZ around Puerto 
Rico is responsible for ensuring that spiny lobster on that vessel are 
maintained intact through offloading ashore, as specified in this 
section.


Sec.  622.446  Spiny lobster import prohibitions.

    (a) Minimum size limits for imported spiny lobster. Multiple 
minimum size limits apply to importation of spiny lobster into the 
United States--one that applies any place subject to the jurisdiction 
of the United States other than Puerto Rico or the U.S. Virgin Islands, 
and more restrictive minimum size limits that apply to Puerto Rico, St. 
Croix, and St. Thomas and St. John, respectively.
    (1) No person may import a spiny lobster with less than a 6-ounce 
(170-gram) tail weight into Puerto Rico. For the purposes of paragraph 
(a) of this section, a 6-ounce (170-gram) tail weight is defined as a 
tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation 
accompanying an imported spiny lobster, including but not limited to 
product packaging, customs entry forms, bills of lading, brokerage 
forms, or commercial invoices, indicates that the product does not 
satisfy the minimum tail-weight, the person importing such spiny 
lobster has the burden to prove that such spiny lobster does satisfy 
the minimum tail-weight requirement or that such spiny lobster has a 
tail length of 6.2 inches (15.75 cm) or greater or that such spiny 
lobster has or had a carapace length of 3.5 inches (8.89 cm) or 
greater. If the imported product itself does not satisfy the minimum 
tail-weight requirement, the person importing such spiny lobster has 
the burden to prove that such spiny lobster has a tail length of 6.2 
inches (15.75 cm) or greater or that such spiny lobster has or had a 
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is 
satisfied, such spiny lobster will be considered to be in compliance 
with the minimum 6-ounce (170-gram) tail-weight requirement.
    (2) See Sec.  622.409 regarding the minimum size limit that applies 
to spiny lobster imported into any place subject to the jurisdiction of 
the United States other than Puerto Rico or the U.S. Virgin Islands.
    (3) See subparts T and U of this part for the minimum size limits 
that apply to spiny lobster imported into St. Croix and St. Thomas and 
St. John, respectively.
    (b) Additional spiny lobster import prohibitions--(1) Prohibition 
related to tail meat. No person may import into any place subject to 
the jurisdiction of the United States spiny lobster tail meat that is 
not in whole tail form with the exoskeleton attached.
    (2) Prohibitions related to egg-bearing spiny lobster. No person 
may import into any place subject to the jurisdiction of the United 
States spiny lobster with eggs attached or spiny lobster from which 
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods 
are the first five pairs of abdominal appendages.


Sec.  622.447  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery 
Management Plan for the EEZ around Puerto Rico, the RA may establish or 
modify the following items.
    (a) Standard open framework procedures. Re-specify maximum 
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL), 
maximum fishing mortality threshold (MFMT), minimum stock size 
threshold (MSST), acceptable biological catch (ABC), ACL, ACT, 
sustainable yield level, and other related management reference points 
and status determination criteria; establish or revise rebuilding 
plans; revise AMs; modify reporting or monitoring requirements, and 
time or area closures and closure procedures.
    (b) Abbreviated open framework procedures. Gear or vessel marking 
requirements, maintaining fish in a specific condition, size limits, 
commercial trip limits, recreational bag and possession limits, changes 
to the length of an established closed season of no more than 1 day, 
and gear modifications to address conservation issues including 
responding to interactions with species listed under the Endangered 
Species Act or protected under the Marine Mammal Protection Act.


Sec. Sec.  622.470 through 622.474  [Redesignated as Sec. Sec.  622.505 
through 622.509]

0
18. Redesignate Sec. Sec.  622.470 through 622.474 as Sec. Sec.  
622.505 through 622.509.
0
19. Revise subpart T to read as follows:

Subpart T--FMP for the EEZ around St. Croix

Sec.
622.470 Management area.
622.471 Definitions.
622.472 [Reserved]
622.473 Vessel identification.
622.474 Gear identification.
622.475 Trap construction specifications and tending restrictions.
622.476 Anchoring restrictions.
622.477 Prohibited gear and methods.
622.478 Prohibited species.
622.479 Area and seasonal closures.
622.480 Annual catch limits (ACLs), annual catch targets (ACTs), and 
accountability measures (AMs).
622.481 Size limits.
622.482 Commercial trip limits.
622.483 Restrictions on sale or purchase.
622.484 Bag and possession limits.
622.485 Other harvest restrictions.

[[Page 30753]]

622.486 Spiny lobster import prohibitions.
622.487 Adjustment of management measures.


Sec.  622.470  Management area.

    The management area is the EEZ around St. Croix bounded by rhumb 
lines connecting the following points and geographic instructions in 
order:

                                            Table 1 to Sec.   622.470
----------------------------------------------------------------------------------------------------------------
                       Point                                  North lat.                     West long.
----------------------------------------------------------------------------------------------------------------
G.................................................  18[deg]03'03''                 64[deg]38'03''
From Point G proceed along the international and
 EEZ boundary easterly, then southerly, then
 southwesterly to Point F.
F.................................................  16[deg]02'53.5812''            65[deg]20'00.1716''
E.................................................  17[deg]30'00.000''             65[deg]20'00.1716''
D.................................................  18[deg]01'16.9636''            64[deg]57'38.817''
G.................................................  18[deg]03'03''                 64[deg]38'03''
----------------------------------------------------------------------------------------------------------------

Sec.  622.471  Definitions.

    In addition to the definitions and acronyms in Sec.  622.2, the 
terms and acronyms used in this subpart have the following meanings:
    Coral means any or all species, or a part thereof, of coral 
occurring in the EEZ around St. Croix, including any or all species, or 
a part thereof, of soft corals and gorgonians in Order Alcyonacea; sea 
pens and sea pansies in Order Pennatulacea; black corals in Order 
Antipatharia; stony corals in Order Scleractinia; and, within Order 
Anthoatheacata, fire corals in Family Milleporidae and lace corals in 
Family Stylasteridae.
    Coral reef resource means any or all species, or a part thereof, of 
coral, sea cucumber, and sea urchin.
    Pelagic fish means any or all species, or a part thereof, as 
follows:

                        Table 1 to Sec.   622.471
------------------------------------------------------------------------
       Class or family           Scientific name     English common name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae  Coryphaena hippurus.  Dolphinfish.
Mackerels and tunas--         Acanthocybium         Wahoo.
 Scombridae.                   solandri.
------------------------------------------------------------------------

    Queen conch means the species Lobatus gigas, or a part thereof.
    Reef fish means any or all species, or a part thereof, as follows:

                        Table 2 to Sec.   622.471
------------------------------------------------------------------------
       Class or family           Scientific name     English common name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae..  Pomacanthus paru....  French angelfish.
                              Pomacanthus arcuatus  Gray angelfish.
                              Holacanthus ciliaris  Queen angelfish.
Groupers--Serranidae........  Mycteroperca bonaci.  Black grouper.
                              Cephalopholis fulva.  Coney.
                              Epinephelus itajara.  Goliath grouper.
                              Cephalopholis         Graysby.
                               cruentata.
                              Hyporthodus           Misty grouper.
                               mystacinus.
                              Epinephelus striatus  Nassau grouper.
                              Epinephelus morio...  Red grouper.
                              Epinephelus guttatus  Red hind.
                              Epinephelus           Rock hind.
                               adscensionis.
                              Mycteroperca tigris.  Tiger grouper.
                              Mycteroperca          Yellowfin grouper.
                               venenosa.
Grunts--Haemulidae..........  Haemulon sciurus....  Bluestriped grunt.
                              Haemulon plumierii..  White grunt.
Parrotfishes--Scaridae......  Scarus coeruleus....  Blue parrotfish.
                              Scarus coelestinus..  Midnight parrotfish.
                              Scarus taeniopterus.  Princess parrotfish.
                              Scarus vetula.......  Queen parrotfish.
                              Scarus guacamaia....  Rainbow parrotfish.
                              Sparisoma             Redband parrotfish.
                               aurofrenatum.
                              Sparisoma rubripinne  Redfin parrotfish.
                              Sparisoma             Redtail parrotfish.
                               chrysopterum.
                              Sparisoma viride....  Stoplight
                                                     parrotfish.
                              Scarus iseri........  Striped parrotfish.
Snappers--Lutjanidae........  Apsilus dentatus....  Black snapper.
                              Lutjanus buccanella.  Blackfin snapper.
                              Lutjanus griseus....  Gray snapper.
                              Lutjanus synagris...  Lane snapper.
                              Lutjanus analis.....  Mutton snapper.
                              Etelis oculatus.....  Queen snapper.

[[Page 30754]]

 
                              Lutjanus apodus.....  Schoolmaster.
                              Lutjanus vivanus....  Silk snapper.
                              Rhomboplites          Vermilion snapper.
                               aurorubens.
                              Ocyurus chrysurus...  Yellowtail snapper.
Squirrelfishes--Holocentrida  Holocentrus rufus...  Longspine
 e.                                                  squirrelfish.
Surgeonfishes--Acanthuridae.  Acanthurus coeruleus  Blue tang.
                              Acanthurus chirurgus  Doctorfish.
                              Acanthurus tractus..  Ocean surgeonfish.
Triggerfishes--Balistidae...  Balistes vetula.....  Queen triggerfish.
------------------------------------------------------------------------

    Sea cucumber means any or all species, or a part thereof, in Class 
Holothuroidea and occurring in the EEZ of St. Croix.
    Sea urchin means any or all species of sea urchin, or a part 
thereof, in Class Echinoidea and occurring in the EEZ of St. Croix.
    Spiny lobster trap means a trap and its component parts, including 
the lines and buoys, used for or capable of taking spiny lobster and 
meeting the spiny lobster trap construction specifications of this 
subpart.


Sec.  622.472  [Reserved]


Sec.  622.473  Vessel identification.

    See Sec.  622.6 for vessel identification requirements applicable 
to this subpart.


Sec.  622.474  Gear identification.

    (a) Reef fish--(1) Fish traps and associated buoys. All fish traps 
used or possessed in the EEZ around St. Croix must display the official 
number specified for the vessel by Puerto Rico or the U.S. Virgin 
Islands. A fish trap that is fished individually, rather than tied 
together in a trap line, must have at least one buoy attached that 
floats on the surface. Fish traps that are tied together in a trap line 
must have at least one buoy that floats at the surface attached at each 
end of the trap line. All buoys must display the official number and 
color code assigned to the vessel by Puerto Rico or the U.S. Virgin 
Islands, whichever is applicable.
    (2) Presumption of ownership of fish traps. A fish trap in the EEZ 
around St. Croix will be presumed to be the property of the most 
recently documented owner. This presumption will not apply with respect 
to such traps that are lost or sold if the owner reports the loss or 
sale within 15 days to the RA.
    (3) Disposition of unmarked fish traps or buoys. An unmarked fish 
trap or buoy deployed in the EEZ around St. Croix is illegal and may be 
disposed of in any appropriate manner by the Assistant Administrator or 
an authorized officer.
    (b) [Reserved]
    (c) Spiny lobster--(1) Spiny lobster traps and associated buoys. 
All spiny lobster traps used or possessed in the EEZ around St. Croix 
must display the official number specified for the vessel by Puerto 
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished 
individually, rather than tied together in a trap line, must have at 
least one buoy attached that floats on the surface. Spiny lobster traps 
that are tied together in a trap line must have at least one buoy that 
floats at the surface attached at each end of the trap line. All buoys 
must display the official number and color code assigned to the vessel 
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
    (2) Presumption of ownership of spiny lobster traps. A spiny 
lobster trap in the EEZ around St. Croix will be presumed to be the 
property of the most recently documented owner. This presumption will 
not apply with respect to such traps that are lost or sold if the owner 
reports the loss or sale within 15 days to the RA.
    (3) Disposition of unmarked spiny lobster traps or buoys. An 
unmarked spiny lobster trap or buoy deployed in the EEZ around St. 
Croix is illegal and may be disposed of in any appropriate manner by 
the Assistant Administrator or an authorized officer.


Sec.  622.475  Trap construction specifications and tending 
restrictions.

    (a) Reef fish--(1) Construction specifications--(i) Minimum mesh 
size. A bare-wire fish trap used or possessed in the EEZ around St. 
Croix that has hexagonal mesh openings must have a minimum mesh size of 
1.5 inches (3.8 cm) in the smallest dimension measured between centers 
of opposite strands. A bare-wire fish trap used or possessed in the EEZ 
around St. Croix that has other than hexagonal mesh openings or a fish 
trap of other than bare wire, such as coated wire or plastic, used or 
possessed in the EEZ around St. Croix, must have a minimum mesh size of 
2 inches (5.1 cm) in the smallest dimension measured between centers of 
opposite strands.
    (ii) Escape mechanisms. A fish trap used or possessed in the EEZ 
around St. Croix must have a panel located on one side of the trap, 
excluding the top, bottom, and side containing the trap entrance. The 
opening covered by the panel must measure not less than 8 by 8 inches 
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than 
the mesh size of the trap. The panel must be attached to the trap with 
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm). 
An access door may serve as the panel, provided it is on an appropriate 
side, it is hinged only at its bottom, its only other fastening is 
untreated jute twine with a diameter not exceeding \1/8\-inch (3.2 mm), 
and such fastening is at the top of the door so that the door will fall 
open when such twine degrades. Jute twine used to secure a panel may 
not be wrapped or overlapped.
    (2) Tending restrictions. A fish trap in the EEZ around St. Croix 
may be pulled or tended only by a person (other than an authorized 
officer) aboard the fish trap owner's vessel, or aboard another vessel 
if such vessel has on board written consent of the trap owner, or if 
the trap owner is aboard and has documentation verifying his 
identification number and color code. An owner's written consent must 
specify the time period such consent is effective and the trap owner's 
gear identification number and color code.
    (b) [Reserved]
    (c) Spiny lobster--(1) Construction specifications--(i) Escape 
mechanisms. A spiny lobster trap used or possessed in the EEZ around 
St. Croix must contain on any vertical side or on the top a panel no 
smaller in diameter than the throat or entrance of the trap. The panel 
must be made of or attached to the trap by one of the following 
degradable materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to 
tyre palm, hemp, jute, cotton, wool, or silk.

[[Page 30755]]

    (B) Ungalvanized or uncoated iron wire with a diameter not 
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
    (ii) [Reserved]
    (2) Tending restrictions. A spiny lobster trap in the EEZ around 
St. Croix may be pulled or tended only by a person (other than an 
authorized officer) aboard the trap owner's vessel, or aboard another 
vessel if such vessel has on board written consent of the trap owner, 
or if the trap owner is aboard and has documentation verifying his 
identification number and color code. An owner's written consent must 
specify the time period such consent is effective and the trap owner's 
gear identification number and color code.


Sec.  622.476  Anchoring restrictions.

    The owner or operator of any fishing vessel, recreational or 
commercial, that fishes for or possesses reef fish in or from the EEZ 
around St. Croix must ensure that the vessel uses only an anchor 
retrieval system that recovers the anchor by its crown, thereby 
preventing the anchor from dragging along the bottom during recovery. 
For a grapnel hook, this could include an incorporated anchor rode 
reversal bar that runs parallel along the shank, which allows the rode 
to reverse and slip back toward the crown. For a fluke- or plow-type 
anchor, a trip line consisting of a line from the crown of the anchor 
to a surface buoy is required.


Sec.  622.477  Prohibited gear and methods.

    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--(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 harvest reef fish. The possession of a mutilated reef fish in 
or from the EEZ around St. Croix and a powerhead constitutes a 
rebuttable presumption of a violation of this paragraph (a)(2).
    (3) Gillnets and trammel nets. A gillnet or trammel net may not be 
used in the EEZ around St. Croix to fish for reef fish. The possession 
of a reef fish in or from the EEZ around St. Croix and a gillnet or 
trammel net constitutes a rebuttable presumption of a violation of this 
paragraph (a)(3). A gillnet or trammel net used in the EEZ around St. 
Croix to fish for any other species must be tended at all times.
    (b) [Reserved]
    (c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar 
device may not be used in the EEZ around St. Croix to harvest a spiny 
lobster. The possession of a speared, pierced, or punctured spiny 
lobster in or from the EEZ around St. Croix constitutes a rebuttable 
presumption of a violation of this paragraph (c)(1).
    (2) Gillnets and trammel nets. A gillnet or trammel net may not be 
used in the EEZ around St. Croix to fish for spiny lobster. The 
possession of a spiny lobster in or from the EEZ around St. Croix and a 
gillnet or trammel net constitutes a rebuttable presumption of a 
violation of this paragraph (c)(2). A gillnet or trammel net used in 
the EEZ around St. Croix to fish for any other species must be tended 
at all times.
    (d) [Reserved]
    (e) Queen conch. In the EEZ around St. Croix, no person may harvest 
queen conch by diving while using a device that provides a continuous 
air supply from the surface.


Sec.  622.478  Prohibited species.

    The harvest and possession restrictions of this section apply 
without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ around St. Croix is responsible for the limit 
applicable to that vessel. Any of the following species caught in the 
EEZ around St. Croix must be released immediately with a minimum of 
harm.
    (a) Reef fish. No person may fish for or possess the following reef 
fish species in or from the EEZ around St. Croix.
    (1) Goliath grouper or Nassau grouper.
    (2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
    (b)-(c) [Reserved]
    (d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or 
sea urchin may not be fished for or possessed in or from the EEZ around 
St. Croix. The taking of coral in the EEZ around St. Croix is not 
considered unlawful possession provided it is returned immediately to 
the sea in the general area of fishing.
    (e) [Reserved]


Sec.  622.479  Area and seasonal closures.

    (a) Closures applicable to specific areas--(1) Mutton snapper 
spawning aggregation area. The mutton snapper spawning aggregation area 
is bounded by rhumb lines connecting, in order, the points listed in 
Table 1 to this paragraph (a).
    (i) From March 1 through June 30, each year, fishing is prohibited 
in those parts of the mutton snapper spawning aggregation area that are 
in the EEZ around St. Croix.
    (ii) Fishing with pots, traps, bottom longlines, gillnets or 
trammel nets is prohibited year-round in those parts of the mutton 
snapper spawning aggregation area that are in the EEZ around St. Croix.

 Table 1 to Sec.   622.479(a)--Mutton Snapper Spawning Aggregation Area
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  17[deg]37.8'          64[deg]53.0'
B...........................  17[deg]39.0'          64[deg]53.0'
C...........................  17[deg]39.0'          64[deg]50.5'
D...........................  17[deg]38.1'          64[deg]50.5'
E...........................  17[deg]37.8'          64[deg]52.5'
A...........................  17[deg]37.8'          64[deg]53.0'
------------------------------------------------------------------------

    (2) Red hind spawning aggregation area east of St. Croix. The red 
hind spawning aggregation area east of St. Croix is bounded by rhumb 
lines connecting, in order, the points listed in Table 2 to this 
paragraph (a)(2).
    (i) From December 1 through the last day of February, each year, 
fishing is prohibited in the red hind spawning aggregation area east of 
St. Croix.
    (ii) Fishing with pots, traps, bottom longlines, gillnets or 
trammel nets is prohibited year-round in the red hind spawning 
aggregation area east of St. Croix.

Table 2 to Sec.   622.479(a)(2)--Red Hind Spawning Aggregation Area East
                              of St. Croix
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  17[deg]50.2'          64[deg]27.9'
B...........................  17[deg]50.1'          64[deg]26.1'
C...........................  17[deg]49.2'          64[deg]25.8'
D...........................  17[deg]48.6'          64[deg]25.8'
E...........................  17[deg]48.1'          64[deg]26.1'
F...........................  17[deg]47.5'          64[deg]26.9'
A...........................  17[deg]50.2'          64[deg]27.9'
------------------------------------------------------------------------

    (b) Seasonal closures applicable to specific species--(1) Black, 
red, tiger, and yellowfin grouper closure. From February 1 through 
April 30, each year, no person may fish for or possess black, red, 
tiger, or yellowfin grouper in or from the EEZ around St. Croix. The 
prohibition on possession does not apply to such grouper harvested and 
landed ashore prior to the closure.
    (2) Black, blackfin, silk, and vermilion snapper closure. From 
October 1 through December 31, each year, no person may fish for or 
possess black, blackfin, silk, or vermilion snapper in or from the EEZ 
around St. Croix. The prohibition on possession does not apply to such 
snapper harvested and landed ashore prior to the closure.
    (3) Lane and mutton snapper closure. From April 1 through June 30, 
each year, no person may fish for or possess

[[Page 30756]]

lane or mutton snapper in or from the EEZ around St. Croix. The 
prohibition on possession does not apply to such snapper harvested and 
landed ashore prior to the closure.
    (4) Queen conch. No person may fish for or possess a queen conch in 
or from the EEZ around St. Croix, except from November 1 through May 31 
in the area east of 64[deg]34' W longitude, which includes Lang Bank.


Sec.  622.480  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) Reef fish. (1) The ACLs are as follows and given in round 
weight.

                     Table 1 to Sec.   622.480(a)(1)
------------------------------------------------------------------------
                              Stock or stock complex
           Family            and species composition          ACL
------------------------------------------------------------------------
Angelfishes................  Angelfish--French        6,412 lb (2,908.4
                              angelfish, gray          kg).
                              angelfish, queen
                              angelfish.
Groupers...................  Grouper 3--coney,\1\     13,529 lb (6,136.6
                              graysby.                 kg).
                             Grouper 4--red hind,\1\  11,849 lb (5,374.6
                              rock hind.               kg).
                             Grouper 5--black         701 lb (317.9 kg).
                              grouper, red grouper,
                              tiger grouper,
                              yellowfin grouper.
                             Grouper 6--misty         77 lb (34.9 kg).
                              grouper.
Grunts.....................  Grunts--bluestriped      27,169 lb
                              grunt, white grunt.      (12,323.6 kg).
Parrotfishes...............  Parrotfish 2--princess   72,365 lb
                              parrotfish, queen        (32,824.2 kg).
                              parrotfish, redband
                              parrotfish, redfin
                              parrotfish, redtail
                              parrotfish,\1\
                              stoplight
                              parrotfish,\1\ striped
                              parrotfish.
Snappers...................  Snapper 1--black         61,455 lb
                              snapper, blackfin        (27,875.5 kg).
                              snapper,\1\ silk
                              snapper,\1\ vermilion
                              snapper.
                             Snapper 2--queen         7,911 lb (3,588.3
                              snapper.                 kg).
                             Snapper 3--gray          14,156 lb (6,421
                              snapper, lane snapper.   kg).
                             Snapper 4--mutton        8,513 lb (3,861.4
                              snapper.                 kg).
                             Snapper 5--schoolmaster  22,879 lb
                                                       (10,377.7 kg).
                             Snapper 6--yellowtail    15,670 lb (7,107.7
                              snapper.                 kg).
Squirrelfishes.............  Squirrelfish--longspine  3,514 (1,593.9
                              squirrelfish.            kg).
Surgeonfishes..............  Surgeonfish--blue tang,  39,061 lb
                              doctorfish, ocean        (17,717.7 kg).
                              surgeonfish.
Triggerfishes..............  Triggerfish--queen       21,450 lb (9,729.5
                              triggerfish.             kg).
------------------------------------------------------------------------
\1\ Indicator stock.

    (2) At or near the beginning the fishing year, landings for each 
stock, stock complex, or indicator stock will be evaluated relative to 
the ACL based on a moving multi-year average of landings, as described 
in the FMP. If NMFS estimates that landings for a stock, stock complex, 
or indicator stock have exceeded the ACL specified in paragraph (a)(1) 
of this section for the stock or stock complex, the Assistant 
Administrator for NOAA Fisheries (AA) will file a notification with the 
Office of the Federal Register to reduce the length of the fishing 
season for the stock or stock complex within that fishing year by the 
amount necessary to prevent landings from exceeding the ACL for the 
stock or stock complex, unless NMFS determines that a fishing season 
reduction is not necessary based on the best scientific information 
available. If NMFS determines that the ACL for a particular stock or 
stock complex was exceeded because data collection or monitoring 
improved rather than because landings increased, NMFS will not reduce 
the length of the fishing season for the stock or stock complex. Any 
fishing season reduction required under this paragraph (a)(2) will be 
applied starting from September 30 and moving earlier toward the 
beginning of the fishing year. If the length of the required fishing 
season reduction exceeds the time period of January 1 through September 
30, any additional fishing season reduction will be applied starting 
from October 1 and moving later toward the end of the fishing year.
    (b) Pelagic fish. The ACLs and ACTs are given in round weight.
    (1) Dolphinfish. (i) ACL--86,633 lb (39,296 kg).
    (ii) ACT--77,970 lb (35,366.5 kg).
    (2) Wahoo. (i) ACL--27,260 lb (12,364.9 kg).
    (ii) ACT--24,534 lb (11,128.4 kg).
    (3) Pelagic fish AM application. At or near the beginning the 
fishing year, landings for the stock or stock complex will be evaluated 
relative to the ACT for the stock or stock complex based on a moving 
multi-year average of landings, as described in the FMP. If NMFS 
estimates that landings have exceeded the ACT specified in paragraph 
(b) of this section, NMFS in consultation with the Caribbean Fishery 
Management Council will determine appropriate corrective action.
    (c) Spiny lobster. (1) ACL--197,528 lb (89,597.1 kg), round weight.
    (2) At or near the beginning the fishing year, landings will be 
evaluated relative to the ACL based on a moving multi-year average of 
landings, as described in the FMP. If NMFS estimates that landings have 
exceeded the ACL specified in paragraph (c)(1) of this section, the AA 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for spiny lobster within that 
fishing year by the amount necessary to prevent landings from exceeding 
the ACL, unless NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available. If NMFS 
determines the ACL was exceeded because data collection or monitoring 
improved rather than because landings increased, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
    (d) [Reserved]
    (e) Queen conch. (1) ACL--50,000 lb (22,679.6 kg), round weight.
    (2) If NMFS estimates landings reach or are projected to reach the 
ACL specified in paragraph (e)(1) of this section, the AA will close 
the area east of 64[deg]34' W longitude in the EEZ around St. Croix to 
the harvest and possession of queen conch by filing a notification of 
the closure with the Office of the Federal Register. During the closure 
period, no person may fish for or possess a queen conch in or from the 
area east of 64[deg]34' W longitude in the EEZ around St. Croix.
    (f) Closure provisions for reef fish, spiny lobster, and queen 
conch. The following restrictions apply during a fishing season closure 
for reef fish,

[[Page 30757]]

spiny lobster, or queen conch in the EEZ around St. Croix. During the 
closure period announced in the notification filed pursuant to 
paragraph (a)(2), (c)(2), or (e)(2) of this section, such stock or 
stock complex in or from the EEZ around St. Croix may not be harvested, 
possessed, purchased, or sold, and the commercial trip limits and 
recreational bag and possession limits are zero.


Sec.  622.481  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit in or 
from the EEZ around St. Croix may not be possessed, sold, or purchased, 
and must be released immediately with a minimum of harm. The operator 
of a vessel that fishes in the EEZ around St. Croix is responsible for 
ensuring that all species on board are in compliance with the size 
limits specified in this section. See Sec.  622.10 regarding 
requirements for landing fish intact. See Sec.  622.485(c)(2) regarding 
requirements for landing spiny lobster intact. See Sec.  622.485(e) 
regarding requirements for landing queen conch with the meat and shell 
intact.
    (a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
    (2) Parrotfishes, except for redband parrotfish, and prohibited 
blue parrotfish, midnight parrotfish, or rainbow parrotfish--9 inches 
(22.9 cm), FL.
    (3) Redband parrotfish--8 inches (20.3 cm), FL.
    (b) [Reserved]
    (c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
    (d) [Reserved]
    (e) Queen conch. (1) The minimum size limit is either 9 inches 
(22.9 cm) in length, that is, from the tip of the spire to the distal 
end of the shell, or \3/8\-inch (9.5 mm) in lip width at its widest 
point.
    (2) A queen conch not in compliance with its size limit, as 
specified in paragraph (e)(1) of this section, in or from the EEZ 
around St. Croix, may not be possessed, sold, or purchased and must be 
released immediately with a minimum of harm. The operator of a vessel 
that fishes in the EEZ around St. Croix is responsible for ensuring 
that queen conch on board are in compliance with the size limit 
specified in paragraph (e)(1) this section.


Sec.  622.482  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ around St. Croix 
may not combine a trip limit specified in this section with any trip or 
possession limit applicable to state waters. A species subject to a 
trip limit specified in this section taken in the EEZ around St. Croix 
may not be transferred at sea, regardless of where such transfer takes 
place.
    (a) Queen conch. (1) 200.
    (2) The trip limits specified in paragraph (a)(1) of this section 
apply to a vessel that has at least one person on board with a valid 
commercial fishing license issued by Puerto Rico or the U.S. Virgin 
Islands. If no person on the vessel has a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands, the bag and 
possession limits specified in Sec.  622.484(e) apply.
    (b) [Reserved]


Sec.  622.483  Restrictions on sale or purchase.

    (a) Reef fish. A live red hind or live mutton snapper in or from 
the EEZ around St. Croix may not be sold or purchased and used in the 
marine aquarium trade.
    (b) [Reserved]
    (c) Coral. (1) No person may sell or purchase a coral harvested in 
the EEZ around St. Croix.
    (2) A coral that is sold in St. Croix will be presumed to have been 
harvested in the EEZ around St. Croix, unless it is accompanied by 
documentation showing that it was harvested elsewhere. Such 
documentation must contain:
    (i) The information specified in subpart K of part 300 of this 
title for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual harvesting the coral.
    (iii) The port and date of landing the coral.
    (iv) A statement signed by the person selling the coral attesting 
that, to the best of his or her knowledge, information, and belief, 
such coral was harvested from other than in the EEZ around St. Croix or 
the waters of Puerto Rico or the U.S. Virgin Islands.


Sec.  622.484  Bag and possession limits.

    Section 622.11(a) provides the general applicability for bag and 
possession limits. However, Sec.  622.11(a) notwithstanding, the bag 
limits of this section do not apply to a person who has a valid 
commercial fishing license issued by Puerto Rico or the U.S. Virgin 
Islands.
    (a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5 
per person per day or, if 3 or more persons are aboard, 15 per vessel 
per day; but not to exceed 2 parrotfish per person per day or 6 
parrotfish per vessel per day.
    (2) Angelfishes, grunts, squirrelfishes, surgeonfishes, and 
triggerfishes combined--5 per person per day or, if 3 or more persons 
are aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per 
person per day or 4 surgeonfish per vessel per day.
    (b) [Reserved]
    (c) Spiny lobster. 3 per person per day, not to exceed 10 per 
vessel per day, whichever is less.
    (d) [Reserved]
    (e) Queen conch. 3 per person per day or, if more than 4 persons 
are aboard, 12 per vessel per day.


Sec.  622.485  Other harvest restrictions.

    (a)-(b) [Reserved]
    (c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny 
lobster. Egg-bearing spiny lobster in the EEZ around St. Croix must be 
returned to the water unharmed. An egg-bearing spiny lobster may be 
retained in a spiny lobster trap, provided the trap is returned 
immediately to the water. An egg-bearing spiny lobster may not be 
stripped, scraped, shaved, clipped, or in any other manner molested, in 
order to remove the eggs.
    (2) Landing spiny lobster intact. (i) A spiny lobster in or from 
the EEZ around St. Croix must be maintained with head and carapace 
intact through offloading ashore.
    (ii) The operator of a vessel that fishes in the EEZ around St. 
Croix is responsible for ensuring that spiny lobster on that vessel are 
maintained intact through offloading ashore, as specified in this 
section.
    (d) [Reserved]
    (e) Queen conch. (1) A queen conch in or from the EEZ around St. 
Croix must be maintained with meat and shell intact through offloading 
ashore.
    (2) The operator of a vessel that fishes in the EEZ around St. 
Croix is responsible for ensuring that queen conch on that vessel are 
maintained intact through offloading ashore, as specified in this 
section.


Sec.  622.486  Spiny lobster import prohibitions.

    (a) Minimum size limits for imported spiny lobster. Multiple 
minimum size limits apply to importation of spiny lobster into the 
United States--one that applies any place subject to the jurisdiction 
of the United States other than Puerto Rico or the U.S. Virgin Islands, 
and more restrictive minimum size limits that apply to Puerto Rico, St 
Croix, and St. Thomas and St. John, respectively.

[[Page 30758]]

    (1) No person may import a spiny lobster with less than a 6-ounce 
(170-gram) tail weight into St. Croix. For the purposes of paragraph 
(a) of this section, a 6-ounce (170-gram) tail weight is defined as a 
tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation 
accompanying an imported spiny lobster, including but not limited to 
product packaging, customs entry forms, bills of lading, brokerage 
forms, or commercial invoices, indicates that the product does not 
satisfy the minimum tail-weight, the person importing such spiny 
lobster has the burden to prove that such spiny lobster does satisfy 
the minimum tail-weight requirement or that such spiny lobster has a 
tail length of 6.2 inches (15.75 cm) or greater or that such spiny 
lobster has or had a carapace length of 3.5 inches (8.89 cm) or 
greater. If the imported product itself does not satisfy the minimum 
tail-weight requirement, the person importing such spiny lobster has 
the burden to prove that such spiny lobster has a tail length of 6.2 
inches (15.75 cm) or greater or that such spiny lobster has or had a 
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is 
satisfied, such spiny lobster will be considered to be in compliance 
with the minimum 6-ounce (170-gram) tail-weight requirement.
    (2) See Sec.  622.409 regarding the minimum size limit that applies 
to spiny lobster imported into any place subject to the jurisdiction of 
the United States other than Puerto Rico or the U.S. Virgin Islands.
    (3) See subparts S and U of this part for the minimum size limits 
that apply to spiny lobster imported into Puerto Rico and St. Thomas 
and St. John, respectively.
    (b) Additional spiny lobster import prohibitions--(1) Prohibition 
related to tail meat. No person may import into any place subject to 
the jurisdiction of the United States spiny lobster tail meat that is 
not in whole tail form with the exoskeleton attached.
    (2) Prohibitions related to egg-bearing spiny lobster. No person 
may import into any place subject to the jurisdiction of the United 
States spiny lobster with eggs attached or spiny lobster from which 
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods 
are the first five pairs of abdominal appendages.


Sec.  622.487  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery 
Management Plan for the EEZ around St Croix, the RA may establish or 
modify the following items.
    (a) Standard open framework procedures. Re-specify maximum 
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL), 
maximum fishing mortality threshold (MFMT), minimum stock size 
threshold (MSST), acceptable biological catch (ABC), ACL, ACT, 
sustainable yield level, and other related management reference points 
and status determination criteria; establish or revise rebuilding 
plans; revise AMs; modify reporting or monitoring requirements, and 
time or area closures and closure procedures.
    (b) Abbreviated open framework procedures. Gear or vessel marking 
requirements, maintaining fish in a specific condition, size limits, 
commercial trip limits, recreational bag and possession limits, changes 
to the length of an established closed season of no more than 1 day, 
and gear modifications to address conservation issues including 
responding to interactions with species listed under the Endangered 
Species Act or protected under the Marine Mammal Protection Act.
0
20. Revise subpart U to read as follows:

Subpart U--FMP for the EEZ Around St. Thomas and St. John

Sec.
622.505 Management area.
622.506 Definitions.
622.507 [Reserved]
622.508 Vessel identification.
622.509 Gear identification.
622.510 Trap construction specifications and tending restrictions.
622.511 Anchoring restrictions.
622.512 Prohibited gear and methods.
622.513 Prohibited species.
622.514 Area and seasonal closures.
622.515 Annual catch limits (ACLs), annual catch targets (ACTs), and 
accountability measures (AMs).
622.516 Size limits.
622.517 [Reserved]
622.518 Restrictions on sale or purchase.
622.519 Bag and possession limits.
622.520 Other harvest restrictions.
622.521 Spiny lobster import prohibitions.
622.522 Adjustment of management measures.


Sec.  622.505  Management area.

    The management area is the EEZ around St. Thomas and St. John 
bounded by rhumb lines connecting the following points and geographic 
instructions in order:

                                            Table 1 to Sec.   622.505
----------------------------------------------------------------------------------------------------------------
                      Point                                 North lat.                      West long.
----------------------------------------------------------------------------------------------------------------
A (intersects with the international and EEZ      19[deg]37'29''                  65[deg]20'57''
 boundary).
From Point A proceed along the international and
 EEZ boundary southeasterly to Point G.
G...............................................  18[deg]03'03''                  64[deg]38'03''
D...............................................  18[deg]01'16.9636''             64[deg]57'38.817''
C...............................................  18[deg]13'59.0606''             65[deg]05'33.058''
From Point C proceed along the 3-nautical mile
 territorial boundary around St. Thomas and St.
 John northerly to Point B.
B...............................................  18[deg]25'46.3015''             65[deg]06'31.866''
A (intersects with the international and EEZ      19[deg]37'29''                  65[deg]20'57''
 boundary).
----------------------------------------------------------------------------------------------------------------

Sec.  622.506  Definitions.

    In addition to the definitions and acronyms in Sec.  622.2, the 
terms and acronyms used in this subpart have the following meanings:
    Coral means any or all species, or a part thereof, of coral 
occurring in the EEZ around St. Thomas and St. John, including any or 
all species, or a part thereof, of soft corals and gorgonians in Order 
Alcyonacea; sea pens and sea pensies in Order Pennatulacea; black 
corals in Order Antipatharia; and stony corals in Order Scleractinia; 
and, within Order Anthoatheacata, fire corals in Family Milleporidae 
and lace corals in Family Stylasteridae.
    Coral reef resource means any or all species, or a part thereof, of 
coral, sea cucumber, and sea urchin.
    Pelagic fish means any or all species, or a part thereof, as 
follows:

[[Page 30759]]



                        Table 1 to Sec.   622.506
------------------------------------------------------------------------
       Class or Family           Scientific name     English common name
------------------------------------------------------------------------
Dolphinfishes--Coryphaenidae  Coryphaena hippurus.  Dolphinfish.
Mackerels and tunas--         Acanthocybium         Wahoo.
 Scombridae.                   solandri.
------------------------------------------------------------------------

    Queen conch means the species Lobatus gigas, or a part thereof.
    Reef fish means any or all species, or a part thereof, as follows:

                        Table 2 to Sec.   622.506
------------------------------------------------------------------------
       Class or Family           Scientific name     English common name
------------------------------------------------------------------------
Angelfishes--Pomacanthidae..  Pomacanthus paru....  French angelfish.
                              Pomacanthus arcuatus  Gray angelfish.
                              Holacanthus ciliaris  Queen angelfish.
Groupers--Serranidae........  Mycteroperca bonaci.  Black grouper.
                              Cephalopholis fulva.  Coney.
                              Epinephelus itajara.  Goliath grouper.
                              Hyporthodus           Misty grouper.
                               mystacinus.
                              Epinephelus striatus  Nassau grouper.
                              Epinephelus morio...  Red grouper.
                              Epinephelus guttatus  Red hind.
                              Mycteroperca tigris.  Tiger grouper.
                              Hyporthodus           Yellowedge grouper.
                               flavolimbatus.
                              Mycteroperca          Yellowfin grouper.
                               venenosa.
                              Mycteroperca          Yellowmouth grouper.
                               interstitialis.
Grunts--Haemulidae..........  Haemulon sciurus....  Bluestriped grunt.
                              Haemulon album......  Margate.
                              Haemulon plumierii..  White grunt.
Jacks--Carangidae...........  Caranx crysos.......  Blue runner.
Parrotfishes--Scaridae......  Scarus coeruleus....  Blue parrotfish.
                              Scarus coelestinus..  Midnight parrotfish.
                              Scarus taeniopterus.  Princess parrotfish.
                              Scarus vetula.......  Queen parrotfish.
                              Scarus guacamaia....  Rainbow parrotfish.
                              Sparisoma             Redband parrotfish.
                               aurofrenatum.
                              Sparisoma rubripinne  Redfin parrotfish.
                              Sparisoma             Redtail parrotfish.
                               chrysopterum.
                              Sparisoma viride....  Stoplight
                                                     parrotfish.
                              Scarus iseri........  Striped parrotfish.
Porgies--Sparidae...........  Calamus bajonado....  Jolthead porgy.
                              Calamus calamus.....  Saucereye porgy.
                              Archosargus           Sea bream.
                               rhomboidalis.
                              Calamus penna.......  Sheepshead porgy.
Snappers--Lutjanidae........  Apsilus dentatus....  Black snapper.
                              Lutjanus buccanella.  Blackfin snapper.
                              Lutjanus synagris...  Lane snapper.
                              Lutjanus analis.....  Mutton snapper.
                              Etelis oculatus.....  Queen snapper.
                              Lutjanus vivanus....  Silk snapper.
                              Rhomboplites          Vermilion snapper.
                               aurorubens.
                              Ocyurus chrysurus...  Yellowtail snapper.
Surgeonfishes--Acanthuridae.  Acanthurus coeruleus  Blue tang.
                              Acanthurus chirurgus  Doctorfish.
                              Acanthurus tractus..  Ocean surgeonfish.
Triggerfishes--Balistidae...  Balistes vetula.....  Queen triggerfish.
Wrasses--Labridae...........  Lachnolaimus maximus  Hogfish.
------------------------------------------------------------------------

    Sea cucumber means any or all species, or a part thereof, in Class 
Holothuroidea and occurring in the EEZ of St. Thomas and St. John.
    Sea urchin means any or all species of sea urchin, or a part 
thereof, in Class Echinoidea and occurring in the EEZ of St. Thomas and 
St. John.
    Spiny lobster trap means a trap and its component parts, including 
the lines and buoys, used for or capable of taking spiny lobster and 
meeting the spiny lobster trap construction specifications of this 
subpart.


Sec.  622.507  [Reserved]


Sec.  622.508  Vessel identification.

    See Sec.  622.6 for vessel identification requirements applicable 
to this subpart.


Sec.  622.509  Gear identification.

    (a) Reef fish--(1) Fish traps and associated buoys. All fish traps 
used or possessed in the EEZ around St. Thomas and St. John must 
display the official number specified for the vessel by Puerto Rico or 
the U.S. Virgin Islands. A fish trap that is fished individually, 
rather than tied together in a trap line, must have at least one buoy 
attached that floats on the surface. Fish traps that

[[Page 30760]]

are tied together in a trap line must have at least one buoy that 
floats at the surface attached at each end of the trap line. All buoys 
must display the official number and color code assigned to the vessel 
by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
    (2) Presumption of ownership of fish traps. A fish trap in the EEZ 
around St. Thomas and St. John will be presumed to be the property of 
the most recently documented owner. This presumption will not apply 
with respect to such traps that are lost or sold if the owner reports 
the loss or sale within 15 days to the RA.
    (3) Disposition of unmarked fish traps or buoys. An unmarked fish 
trap or buoy deployed in the EEZ around St. Thomas and St. John is 
illegal and may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.
    (b) [Reserved]
    (c) Spiny lobster--(1) Spiny lobster traps and associated buoys. 
All spiny lobster traps used or possessed in the EEZ around St. Thomas 
and St. John must display the official number specified for the vessel 
by Puerto Rico or the U.S. Virgin Islands. A spiny lobster trap that is 
fished individually, rather than tied together in a trap line, must 
have at least one buoy attached that floats on the surface. Spiny 
lobster traps that are tied together in a trap line must have at least 
one buoy that floats at the surface attached at each end of the trap 
line. All buoys must display the official number and color code 
assigned to the vessel by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable.
    (2) Presumption of ownership of spiny lobster traps. A spiny 
lobster trap in the EEZ around St. Thomas and St. John will be presumed 
to be the property of the most recently documented owner. This 
presumption will not apply with respect to such traps that are lost or 
sold if the owner reports the loss or sale within 15 days to the RA.
    (3) Disposition of unmarked spiny lobster traps or buoys. An 
unmarked spiny lobster trap or buoy deployed in the EEZ around St. 
Thomas and St. John is illegal and may be disposed of in any 
appropriate manner by the Assistant Administrator or an authorized 
officer.


Sec.  622.510  Trap construction specifications and tending 
restrictions.

    (a) Reef fish--(1) Construction specifications--(i) Minimum mesh 
size. A bare-wire fish trap used or possessed in the EEZ around St. 
Thomas and St. John that has hexagonal mesh openings must have a 
minimum mesh size of 1.5 inches (3.8 cm) in the smallest dimension 
measured between centers of opposite strands. A bare-wire fish trap 
used or possessed in the EEZ around St. Thomas and St. John that has 
other than hexagonal mesh openings or a fish trap of other than bare 
wire, such as coated wire or plastic, used or possessed in the EEZ 
around St. Thomas and St. John, must have a minimum mesh size of 2 
inches (5.1 cm) in the smallest dimension measured between centers of 
opposite strands.
    (ii) Escape mechanisms. A fish trap used or possessed in the EEZ 
around St. Thomas and St. John must have a panel located on one side of 
the trap, excluding the top, bottom, and side containing the trap 
entrance. The opening covered by the panel must measure not less than 8 
by 8 inches (20.3 by 20.3 cm). The mesh size of the panel may not be 
smaller than the mesh size of the trap. The panel must be attached to 
the trap with untreated jute twine with a diameter not exceeding \1/8\-
inch (3.2 mm). An access door may serve as the panel, provided it is on 
an appropriate side, it is hinged only at its bottom, its only other 
fastening is untreated jute twine with a diameter not exceeding \1/8\-
inch (3.2 mm), and such fastening is at the top of the door so that the 
door will fall open when such twine degrades. Jute twine used to secure 
a panel may not be wrapped or overlapped.
    (2) Tending restrictions. A fish trap in the EEZ around St. Thomas 
and St. John may be pulled or tended only by a person (other than an 
authorized officer) aboard the fish trap owner's vessel, or aboard 
another vessel if such vessel has on board written consent of the trap 
owner, or if the trap owner is aboard and has documentation verifying 
his identification number and color code. An owner's written consent 
must specify the time period such consent is effective and the trap 
owner's gear identification number and color code.
    (b) [Reserved]
    (c) Spiny lobster--(1) Construction specifications--(i) Escape 
mechanisms. A spiny lobster trap used or possessed in the EEZ around 
St. Thomas and St. John must contain on any vertical side or on the top 
a panel no smaller in diameter than the throat or entrance of the trap. 
The panel must be made of or attached to the trap by one of the 
following degradable materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\-inch (3.2 mm). This includes, but is not limited to 
tyre palm, hemp, jute, cotton, wool, or silk.
    (B) Ungalvanized or uncoated iron wire with a diameter not 
exceeding \1/16\-inch (1.6 mm), that is, 16-gauge wire.
    (ii) [Reserved]
    (2) Tending restrictions. A spiny lobster trap in the EEZ around 
St. Thomas and St. John may be pulled or tended only by a person (other 
than an authorized officer) aboard the trap owner's vessel, or aboard 
another vessel if such vessel has on board written consent of the trap 
owner, or if the trap owner is aboard and has documentation verifying 
his identification number and color code. An owner's written consent 
must specify the time period such consent is effective and the trap 
owner's gear identification number and color code.


Sec.  622.511  Anchoring restrictions.

    The owner or operator of any fishing vessel, recreational or 
commercial, that fishes for or possesses reef fish in or from the EEZ 
around St. Thomas and St. John must ensure that the vessel uses only an 
anchor retrieval system that recovers the anchor by its crown, thereby 
preventing the anchor from dragging along the bottom during recovery. 
For a grapnel hook, this could include an incorporated anchor rode 
reversal bar that runs parallel along the shank, which allows the rode 
to reverse and slip back toward the crown. For a fluke- or plow-type 
anchor, a trip line consisting of a line from the crown of the anchor 
to a surface buoy is required.


Sec.  622.512  Prohibited gear and methods.

    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--(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 harvest reef fish. The possession of a mutilated 
reef fish in or from the EEZ around St. Thomas and St. John and a 
powerhead constitutes a rebuttable presumption of a violation of this 
paragraph (a)(2).
    (3) Gillnets and trammel nets. A gillnet or trammel net may not be 
used in the EEZ around St. Thomas and St. John to fish for reef fish. 
The possession of a reef fish in or from the EEZ around St. Thomas and 
St. John and a gillnet or trammel net constitutes a rebuttable 
presumption of a violation of this paragraph (a)(3). A gillnet or 
trammel net used in the EEZ around St. Thomas and St. John to fish for 
any other species must be tended at all times.
    (b) [Reserved]
    (c) Spiny lobster--(1) Spears and hooks. A spear, hook, or similar 
device may not be used in the EEZ around St. Thomas and St. John to 
harvest a spiny

[[Page 30761]]

lobster. The possession of a speared, pierced, or punctured spiny 
lobster in or from the EEZ around St. Thomas and St. John constitutes a 
rebuttable presumption of a violation of this paragraph (c)(1).
    (2) Gillnets and trammel nets. A gillnet or trammel net may not be 
used in the EEZ around St. Thomas and St. John to fish for spiny 
lobster. The possession of a spiny lobster in or from the EEZ around 
St. Thomas and St. John and a gillnet or trammel net constitutes a 
rebuttable presumption of a violation of this paragraph (c)(2). A 
gillnet or trammel net used in the EEZ around St. Thomas and St. John 
to fish for any other species must be tended at all times.


Sec.  622.513  Prohibited species.

    The harvest and possession restrictions of this section apply 
without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ around St. Thomas and St. John is responsible 
for the limit applicable to that vessel. Any of the following species 
caught in the EEZ around St. Thomas and St. John must be released 
immediately with a minimum of harm.
    (a) Reef fish. No person may fish for or possess the following reef 
fish species in or from the EEZ around St. Thomas and St. John.
    (1) Goliath grouper or Nassau grouper.
    (2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
    (b)-(c) [Reserved]
    (d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or 
sea urchin may not be fished for or possessed in or from the EEZ around 
St. Thomas and St. John. The taking of coral in the EEZ around St. 
Thomas and St. John is not considered unlawful possession provided it 
is returned immediately to the sea in the general area of fishing.
    (e) Queen conch. No person may fish for or possess queen conch in 
or from the EEZ around St. Thomas and St. John.


Sec.  622.514  Area and seasonal closures.

    (a) Closures applicable to specific areas--(1) Grammanik Bank. The 
Grammanik Bank is bounded by rhumb lines connecting, in order, the 
points listed in Table 1 to this paragraph (a)(1).
    (i) From February 1 through April 30, each year, no person may fish 
for or possess any species of fish, except highly migratory species, in 
or from the Grammanik Bank. The prohibition on possession does not 
apply to such fish harvested and landed ashore prior to the closure. 
For the purpose of this paragraph, fish means finfish, mollusks, 
crustaceans, and all other forms of marine animal and plant life other 
than marine mammals and birds. Highly migratory species means bluefin, 
bigeye, yellowfin, albacore, and skipjack tunas; swordfish; sharks 
(listed in appendix A to part 635 of this title); and white marlin, 
blue marlin, sailfish, and longbill spearfish.
    (ii) Fishing with pots, traps, bottom longlines, gillnets or 
trammel nets is prohibited year-round in the Grammanik Bank.

             Table 1 to Sec.   622.514(a)(1)--Grammanik Bank
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18[deg]11.898'        64[deg]56.328'
B...........................  18[deg]11.645'        64[deg]56.225'
C...........................  18[deg]11.058'        64[deg]57.810'
D...........................  18[deg]11.311'        64[deg]57.913'
A...........................  18[deg]11.898'        64[deg]56.328'
------------------------------------------------------------------------

    (2) Hind Bank Marine Conservation District (MCD). The Hind Bank MCD 
is bounded by rhumb lines connecting, in order, the points listed in 
Table 2 to this paragraph (a)(2). Fishing for any species and anchoring 
by fishing vessels is prohibited year-round in those parts of the Hind 
Bank MCD that are in the EEZ around St. Thomas and St. John.

             Table 2 to Sec.   622.514(a)(2)--Hind Bank MCD
------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18[deg]13.2'          65[deg]06.0'
B...........................  18[deg]13.2'          64[deg]59.0'
C...........................  18[deg]11.8'          64[deg]59.0'
D...........................  18[deg]10.7'          65[deg]06.0'
A...........................  18[deg]13.2'          65[deg]06.0'
------------------------------------------------------------------------

    (b) Seasonal closures applicable to specific species--(1) Black, 
red, tiger, yellowedge, and yellowfin grouper closure. From February 1 
through April 30, each year, no person may fish for or possess black, 
red, tiger, yellowedge, or yellowfin grouper in or from the EEZ around 
St. Thomas and St. John. The prohibition on possession does not apply 
to such grouper harvested and landed ashore prior to the closure.
    (2) Black, blackfin, silk, and vermilion snapper closure. From 
October 1 through December 31, each year, no person may fish for or 
possess black, blackfin, silk, or vermilion snapper in or from the EEZ 
around St. Thomas and St. John. The prohibition on possession does not 
apply to such snapper harvested and landed ashore prior to the closure.
    (3) Lane and mutton snapper closure. From April 1 through June 30, 
each year, no person may fish for or possess lane or mutton snapper in 
or from the EEZ around St. Thomas and St. John. The prohibition on 
possession does not apply to such snapper harvested and landed ashore 
prior to the closure.


Sec.  622.515  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) Reef fish. (1) The following ACLs are as follows and given in 
round weight.

                     Table 1 to Sec.   622.515(a)(1)
------------------------------------------------------------------------
                              Stock or stock complex
           Family            and species composition          ACL
------------------------------------------------------------------------
Angelfishes................  Angelfish--French        18,297 lb (8,299.3
                              angelfish, gray          kg).
                              angelfish \1\, queen
                              angelfish.
Groupers...................  Grouper 3--coney, red    65,030 lb
                              hind \1\.                (29,497.1 kg).
                             Grouper 4--black         2,254 lb (1,022.3
                              grouper, red grouper,    kg).
                              tiger grouper,
                              yellowfin grouper.
                             Grouper 5--misty         390 lb (176.9 kg).
                              grouper, yellowedge
                              grouper, yellowmouth
                              grouper.
Grunts.....................  Grunts 1--bluestriped    30,581 lb
                              grunt, white grunt \1\.  (13,871.3 kg).
                             Grunts 2--margate......  2,319 lb (1,051.8
                                                       kg).
Jacks......................  Jacks--blue runner.....  44,665 lb
                                                       (20,259.7 kg).
Parrotfishes...............  Parrotfish 2--princess   60,026 lb
                              parrotfish, queen        (27,227.3 kg).
                              parrotfish, redband
                              parrotfish, redfin
                              parrotfish, redtail
                              parrotfish \1\,
                              stoplight parrotfish
                              \1\, striped
                              parrotfish.
Porgies....................  Porgies--jolthead        29,039 lb
                              porgy, saucereye porgy   (13,171.8 kg).
                              \1\, sea bream,
                              sheepshead porgy.
Snappers...................  Snapper 1--black         20,090 lb (9,112.6
                              snapper, blackfin        kg).
                              snapper \1\, silk
                              snapper, vermilion
                              snapper.
                             Snapper 2--queen         568 lb (257.6 kg).
                              snapper.
                             Snapper 3--lane          30,784 lb
                              snapper, mutton          (13,963.3 kg).
                              snapper \1\.
                             Snapper 4--yellowtail    88,952 lb
                              snapper.                 (40,347.9 kg).
Surgeonfishes..............  Surgeonfish--blue tang,  22,630 lb
                              doctorfish \1\, ocean    (10,264.7 kg).
                              surgeonfish.

[[Page 30762]]

 
Triggerfishes..............  Triggerfish--queen       97,670 lb
                              triggerfish.             (44,302.3 kg).
Wrasses....................  Wrasses--hogfish.......  2,951 lb (1,338.5
                                                       kg).
------------------------------------------------------------------------
\1\ Indicator stock.

    (2) At or near the beginning of the fishing year, landings for each 
stock, stock complex, or indicator stock will be evaluated relative to 
the ACL based on a moving multi-year average of landings, as described 
in the FMP. If NMFS estimates that landings for a stock, stock complex, 
or indicator stock have exceeded the ACL specified in paragraph (a)(1) 
of this section for the stock or stock complex, the Assistant 
Administrator for NOAA Fisheries (AA) will file a notification with the 
Office of the Federal Register to reduce the length of the fishing 
season for the stock or stock complex within that fishing year by the 
amount necessary to prevent landings from exceeding the ACL for the 
stock or stock complex, unless NMFS determines that a fishing season 
reduction is not necessary based on the best scientific information 
available. If NMFS determines that the ACL for a particular stock or 
stock complex was exceeded because data collection or monitoring 
improved rather than because landings increased, NMFS will not reduce 
the length of the fishing season for the stock or stock complex. Any 
fishing season reduction required under this paragraph (a)(2) will be 
applied starting from September 30 and moving earlier toward the 
beginning of the fishing year. If the length of the required fishing 
season reduction exceeds the time period of January 1 through September 
30, any additional fishing season reduction will be applied starting 
from October 1 and moving later toward the end of the fishing year.
    (b) Pelagic fish. The ACLs and ACTs are given in round weight.
    (1) Dolphinfish. (i) ACL--9,778 lb (4,435.2 kg).
    (ii) ACT--8,800 lb (3,991.6 kg).
    (2) Wahoo. (i) ACL--6,879 lb (3,120.2 kg).
    (ii) ACT--6,191 lb (2,808.1 kg).
    (3) Pelagic fish AM application. At or near the beginning the 
fishing year, landings for the stock or stock complex will be evaluated 
relative to the ACT for the stock or stock complex based on a moving 
multi-year average of landings, as described in the FMP. If NMFS 
estimates that landings have exceeded the ACT specified in paragraph 
(b) of this section, NMFS in consultation with the Caribbean Fishery 
Management Council will determine appropriate corrective action.
    (c) Spiny lobster. (1) ACL--209,210 lb (94,896 kg), round weight.
    (2) At or near the beginning the fishing year, landings will be 
evaluated relative to the ACL based on a moving multi-year average of 
landings, as described in the FMP. If NMFS estimates that landings have 
exceeded the ACL specified in paragraph (c)(1) of this section, the AA 
will file a notification with the Office of the Federal Register to 
reduce the length of the fishing season for spiny lobster within that 
fishing year by the amount necessary to prevent landings from exceeding 
the ACL, unless NMFS determines that a fishing season reduction is not 
necessary based on the best scientific information available. If NMFS 
determines the ACL was exceeded because data collection or monitoring 
improved rather than because landings increased, NMFS will not reduce 
the length of the fishing season. Any fishing season reduction required 
under this paragraph (c)(2) will be applied starting from September 30 
and moving earlier toward the beginning of the fishing year. If the 
length of the required fishing season reduction exceeds the time period 
of January 1 through September 30, any additional fishing season 
reduction will be applied starting from October 1 and moving later 
toward the end of the fishing year.
    (d)-(e) [Reserved]
    (f) Closure provisions for reef fish and spiny lobster. The 
following restrictions apply during a fishing season closure for reef 
fish or spiny lobster in the EEZ around St. Thomas and St. John. During 
the closure period announced in the notification filed pursuant to 
paragraph (a)(2) or (c)(2) of this section, such stock or stock complex 
in or from the EEZ around St. Thomas and St. John may not be harvested, 
possessed, purchased, or sold, and the bag and possession limits for 
such stock or stock complex are zero.


Sec.  622.516  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit in or 
from the EEZ around St. Thomas and St. John may not be possessed, sold, 
or purchased, and must be released immediately with a minimum of harm. 
The operator of a vessel that fishes in the EEZ around St. Thomas and 
St. John is responsible for ensuring that all species on board are in 
compliance with the size limits specified in this section. See Sec.  
622.10 regarding requirements for landing fish intact. See Sec.  
622.520(c)(2) regarding requirements for landing spiny lobster intact.
    (a) Reef fish. (1) Yellowtail snapper--12 inches (30.5 cm), TL.
    (2) [Reserved]
    (b) [Reserved]
    (c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.


Sec.  622.517  [Reserved]


Sec.  622.518  Restrictions on sale or purchase.

    (a) Reef fish. A live red hind or live mutton snapper in or from 
the EEZ around St. Thomas and St. John may not be sold or purchased and 
used in the marine aquarium trade.
    (b) [Reserved]
    (c) Coral. (1) No person may sell or purchase a coral harvested in 
the EEZ around St. Thomas and St. John.
    (2) A coral that is sold in St. Thomas or St. John will be presumed 
to have been harvested in the EEZ around St. Thomas and St. John, 
unless it is accompanied by documentation showing that it was harvested 
elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this 
title for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual harvesting the coral.
    (iii) The port and date of landing the coral.
    (iv) A statement signed by the person selling the coral attesting 
that, to the best of his or her knowledge, information, and belief, 
such coral was harvested from other than in the EEZ around St. Thomas 
and St. John, or the waters of Puerto Rico or the U.S. Virgin Islands.


Sec.  622.519  Bag and possession limits.

    Section 622.11(a) provides the general applicability for bag and 
possession

[[Page 30763]]

limits. However, Sec.  622.11(a) notwithstanding, the bag limits of 
this section do not apply to a person who has a valid commercial 
fishing license issued by Puerto Rico or the U.S. Virgin Islands.
    (a) Reef fish. (1) Groupers, parrotfishes, and snappers combined--5 
per person per day or, if 3 or more persons are aboard, 15 per vessel 
per day; but not to exceed 2 parrotfish per person per day or 6 
parrotfish per vessel per day.
    (2) Angelfishes, grunts, jacks, porgies, surgeonfishes, 
triggerfishes, and wrasses combined--5 per person per day or, if 3 or 
more persons are aboard, 15 per vessel per day, but not to exceed 1 
surgeonfish per person per day or 4 surgeonfish per vessel per day.
    (b) [Reserved]
    (c) Spiny lobster. 3 per person per day, not to exceed 10 per 
vessel per day, whichever is less.


Sec.  622.520  Other harvest restrictions.

    (a)-(b) [Reserved]
    (c) Spiny lobster--(1) Prohibition on harvest of egg-bearing spiny 
lobster. Egg-bearing spiny lobster in the EEZ around St. Thomas and St. 
John must be returned to the water unharmed. An egg-bearing spiny 
lobster may be retained in a spiny lobster trap, provided the trap is 
returned immediately to the water. An egg-bearing spiny lobster may not 
be stripped, scraped, shaved, clipped, or in any other manner molested, 
in order to remove the eggs.
    (2) Landing spiny lobster intact. (i) A spiny lobster in or from 
the EEZ around St. Thomas and St. John must be maintained with head and 
carapace intact through offloading ashore.
    (ii) The operator of a vessel that fishes in the EEZ around St. 
John and St. Thomas is responsible for ensuring that spiny lobster on 
that vessel are maintained intact through offloading ashore, as 
specified in this section.


Sec.  622.521  Spiny lobster import prohibitions.

    (a) Minimum size limits for imported spiny lobster. Multiple 
minimum size limits apply to importation of spiny lobster into the 
United States--one that applies any place subject to the jurisdiction 
of the United States other than Puerto Rico or the U.S. Virgin Islands, 
and more restrictive minimum size limits that apply to Puerto Rico, St. 
Croix, and St. Thomas and St. John, respectively.
    (1) No person may import a spiny lobster with less than a 6-ounce 
(170-gram) tail weight into St. Thomas or St. John. For the purposes of 
paragraph (a) of this section, a 6-ounce (170-gram) tail weight is 
defined as a tail that weighs 5.9-6.4 ounces (167-181 grams). If the 
documentation accompanying an imported spiny lobster, including but not 
limited to product packaging, customs entry forms, bills of lading, 
brokerage forms, or commercial invoices, indicates that the product 
does not satisfy the minimum tail-weight, the person importing such 
spiny lobster has the burden to prove that such spiny lobster does 
satisfy the minimum tail-weight requirement or that such spiny lobster 
has a tail length of 6.2 inches (15.75 cm) or greater or that such 
spiny lobster has or had a carapace length of 3.5 inches (8.89 cm) or 
greater. If the imported product itself does not satisfy the minimum 
tail-weight requirement, the person importing such spiny lobster has 
the burden to prove that such spiny lobster has a tail length of 6.2 
inches (15.75 cm) or greater or that such spiny lobster has or had a 
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is 
satisfied, such spiny lobster will be considered to be in compliance 
with the minimum 6-ounce (170-gram) tail-weight requirement.
    (2) See Sec.  622.409 regarding the minimum size limit that applies 
to spiny lobster imported into any place subject to the jurisdiction of 
the United States other than Puerto Rico or the U.S. Virgin Islands.
    (3) See subparts S and T of this part for the minimum size limits 
that apply to spiny lobster imported into Puerto Rico and St. Croix, 
respectively.
    (b) Additional spiny lobster import prohibitions--(1) Prohibition 
related to tail meat. No person may import into any place subject to 
the jurisdiction of the United States spiny lobster tail meat that is 
not in whole tail form with the exoskeleton attached.
    (2) Prohibitions related to egg-bearing spiny lobster. No person 
may import into any place subject to the jurisdiction of the United 
States spiny lobster with eggs attached or spiny lobster from which 
eggs or pleopods (swimmerets) have been removed or stripped. Pleopods 
are the first five pairs of abdominal appendages.


Sec.  622.522  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery 
Management Plan for the EEZ around St. Thomas and St. John, the RA may 
establish or modify the following items.
    (a) Standard open framework procedures. Re-specify maximum 
sustainable yield (MSY), optimum yield (OY), overfishing limit (OFL), 
maximum fishing mortality threshold (MFMT), minimum stock size 
threshold (MSST), acceptable biological catch (ABC), ACL, ACT, 
sustainable yield level, and other related management reference points 
and status determination criteria; establish or revise rebuilding 
plans; revise AMs; modify reporting or monitoring requirements, and 
time or area closures and closure procedures.
    (b) Abbreviated open framework procedures. Gear or vessel marking 
requirements, maintaining fish in a specific condition, size limits, 
commercial trip limits, recreational bag and possession limits, changes 
to the length of an established closed season of no more than 1 day, 
and gear modifications to address conservation issues including 
responding to interactions with species listed under the Endangered 
Species Act or protected under the Marine Mammal Protection Act.

Subpart V [Removed]

0
21. Remove subpart V, consisting of Sec. Sec.  622.490 through 622.497.
0
22. Revise appendix A to read as follows:

Appendix A to Part 622--Species Tables

       Table 1 to Appendix A to Part 622--Gulf of Mexico Reef Fish
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Balistidae--Triggerfishes:
    Gray triggerfish, Balistes capriscus.
Carangidae--Jacks:
    Greater amberjack, Seriola dumerili.
    Lesser amberjack, Seriola fasciata.
    Almaco jack, Seriola rivoliana.
    Banded rudderfish, Seriola zonata.
Labridae--Wrasses:
    Hogfish, Lachnolaimus maximus.
Lutjanidae--Snappers:
    Queen snapper, Etelis oculatus.

[[Page 30764]]

 
    Mutton snapper, Lutjanus analis.
    Blackfin snapper, Lutjanus buccanella.
    Red snapper, Lutjanus campechanus.
    Cubera snapper, Lutjanus cyanopterus.
    Gray (mangrove) snapper, Lutjanus griseus.
    Lane snapper, Lutjanus synagris.
    Silk snapper, Lutjanus vivanus.
    Yellowtail snapper, Ocyurus chrysurus.
    Wenchman, Pristipomoides aquilonaris.
    Vermilion snapper, Rhomboplites aurorubens.
Malacanthidae--Tilefishes:
    Goldface tilefish, Caulolatilus chrysops.
    Blueline tilefish, Caulolatilus microps.
    Tilefish, Lopholatilus chamaeleonticeps.
Serranidae--Groupers:
    Speckled hind, Epinephelus drummondhayi.
    Yellowedge grouper, Epinephelus flavolimbatus.
    Goliath grouper, Epinephelus itajara.
    Red grouper, Epinephelus morio.
    Warsaw grouper, Epinephelus nigritus.
    Snowy grouper, Epinephelus niveatus.
    Black grouper, Mycteroperca bonaci.
    Yellowmouth grouper, Mycteroperca interstitialis.
    Gag, Mycteroperca microlepis.
    Scamp, Mycteroperca phenax.
    Yellowfin grouper, Mycteroperca venenosa.
------------------------------------------------------------------------


    Table 2 to Appendix A to Part 622--South Atlantic Snapper-Grouper
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Balistidae--Triggerfishes:
    Gray triggerfish, Balistes capriscus.
Carangidae--Jacks:
    Bar jack, Caranx ruber.
    Greater amberjack, Seriola dumerili.
    Lesser amberjack, Seriola fasciata.
    Almaco jack, Seriola rivoliana.
    Banded rudderfish, Seriola zonata.
Ephippidae--Spadefishes:
    Spadefish, Chaetodipterus faber.
Haemulidae--Grunts:
    Margate, Haemulon album.
    Tomtate, Haemulon aurolineatum.
    Sailor's choice, Haemulon parra.
    White grunt, Haemulon plumierii.
Labridae--Wrasses:
    Hogfish, Lachnolaimus maximus.
Lutjanidae--Snappers:
    Queen snapper, Etelis oculatus.
    Mutton snapper, Lutjanus analis.
    Blackfin snapper, Lutjanus buccanella.
    Red snapper, Lutjanus campechanus.
    Cubera snapper, Lutjanus cyanopterus.
    Gray snapper, Lutjanus griseus.
    Lane snapper, Lutjanus synagris.
    Silk snapper, Lutjanus vivanus.
    Yellowtail snapper, Ocyurus chrysurus.
    Vermilion snapper, Rhomboplites aurorubens.
Malacanthidae--Tilefishes:
    Blueline tilefish, Caulolatilus microps.
    Golden tilefish, Lopholatilus chamaeleonticeps.
    Sand tilefish, Malacanthus plumieri.
Percichthyidae--Temperate basses:
    Wreckfish, Polyprion americanus.
Serranidae--Groupers:
    Rock hind, Epinephelus adscensionis.
    Graysby, Epinephelus cruentatus.
    Speckled hind, Epinephelus drummondhayi.
    Yellowedge grouper, Epinephelus flavolimbatus.
    Coney, Epinephelus fulvus.
    Red hind, Epinephelus guttatus.
    Goliath grouper, Epinephelus itajara.
    Red grouper, Epinephelus morio.
    Misty grouper, Epinephelus mystacinus.
    Warsaw grouper, Epinephelus nigritus.
    Snowy grouper, Epinephelus niveatus.
    Nassau grouper, Epinephelus striatus.
    Black grouper, Mycteroperca bonaci.
    Yellowmouth grouper, Mycteroperca interstitialis.
    Gag, Mycteroperca microlepis.
    Scamp, Mycteroperca phenax.
    Yellowfin grouper, Mycteroperca venenosa.
Serranidae--Sea Basses:

[[Page 30765]]

 
    Black sea bass, Centropristis striata.
Sparidae--Porgies:
    Jolthead porgy, Calamus bajonado.
    Saucereye porgy, Calamus calamus.
    Whitebone porgy, Calamus leucosteus.
    Knobbed porgy, Calamus nodosus.
    Red porgy, Pagrus pagrus.
    Scup, Stenotomus chrysops.
The following species are designated as ecosystem component species:
    Cottonwick, Haemulon melanurum.
    Bank sea bass, Centropristis ocyurus.
    Rock sea bass, Centropristis philadelphica.
    Longspine porgy, Stenotomus caprinus.
    Ocean triggerfish, Canthidermis sufflamen.
------------------------------------------------------------------------


      Table 3 to Appendix A to Part 622--Atlantic Dolphin and Wahoo
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
    Dolphin, Coryphaena equiselis or Coryphaena hippurus.
    Wahoo, Acanthocybium solandri.
The following species are designated as ecosystem component species:
    Bullet mackerel, Auxis rochei.
    Frigate mackerel, Auxis thazard.
------------------------------------------------------------------------

0
23. In addition to the previous amendments to this part, remove all 
references to ``622.413'' and add, in their place, ``622.419'' in the 
following sections:
0
a. 50 CFR 622.55(e);
0
b. 50 CFR 622.382(a)(1)(i)(B);
0
c. 50 CFR 622.400(a)(1)(i);
0
d. 50 CFR 622.402(a)(1), (2), (3), and (c)(1);
0
e. 50 CFR 622.403(b)(3)(i);
0
f. 50 CFR 622.404(e) and (f); and
0
g. 50 CFR 622.405(b)(2)(i).

[FR Doc. 2022-09588 Filed 5-18-22; 8:45 am]
BILLING CODE 3510-22-P


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