30730 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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. 

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 islandbased FMPs. The purpose of the islandbased 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: 

• Electronic submission: Submit all 

electronic comments via the Federal eRulemaking 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. 

• Mail: Submit written comments to 

Marı ́a del Mar Lo ́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-fisherymanagement-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: 

Marı ́a del Mar Lo ́pez-Mercer, NMFS 

Southeast Regional Office, telephone: 

727–824–5305, or email: maria.lopez@

noaa.gov. 

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 islandbased 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 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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 islandgroup 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 islandbased 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 islandbased 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, 


jspears on DSK121TN23PROD with PROPOSALS3
30732 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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 islandbased 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 islandbased 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 (FMSY) 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 

FMSY proxy, the MFMT is equal to FMSY


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30733 

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 FMSY proxy 

equal to 30 percent of the maximum 

spawning potential of a stock under 

conditions of no fishing mortality 

(F30%SPR). 

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 islandspecific 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 islandbased 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 islandbased 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 islandbased 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 


jspears on DSK121TN23PROD with PROPOSALS3
30734 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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°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 islandspecific 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., 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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 multiyear 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 


jspears on DSK121TN23PROD with PROPOSALS3
30736 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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°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°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. 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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 islandbased 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 islandbased 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 islandbased 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 


jspears on DSK121TN23PROD with PROPOSALS3
30738 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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 islandbased 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 nonsubstantive 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 (nonFederal). 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 islandVerDate Sep<11>2014 19:39 May 18, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\19MYP3.SGM 19MYP3

jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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 islandmanagement 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 

Proposed individual stocks and (stock complex) Expected direct 

economic impact Basis for expected economic impact 

Queen, gray and French angelfish (Angelfish); great barracuda *; dolphinfish * and pompano 

dolphinfish * (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).

None ........................... ACL and AM not expected to affect baseline 

landings. 

Black, blackfin, silk, vermilion, and wenchman snapper (Snapper 1); cardinal and queen 

snapper (Snapper 2); princess, queen, redband, redtail, stoplight, and striped parrotfish 

(Parrotfish 2); spiny lobster (Spiny Lobster); ocean and queen triggerfish (part of the 

Triggerfish complex); hogfish (Wrasses 1).

None, but potential future beneficial impact.ACL and AM not expected to affect baseline 

landings; however, would allow for greater 

landings in the future. 

Cubera snapper * (Snapper 6) ................................................................................................... None, but potential future adverse impact.ACL and AM not expected to 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) ........................................................................................................

Spotted eagle ray* (Rays 2) 

Southern stingray* (Rays 3) 

None ........................... ACL and AM consistent with zero baseline 

landings. 

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 ..............................................................................................................................

Nassau grouper (Grouper 1) 

Goliath grouper (Grouper 2). 

None ........................... ACL and AM consistent with current harvest 

prohibition; 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 

Proposed individual stocks and (stock complex) Expected direct 

economic impact Basis for expected economic impact 

Queen conch; dolphinfish * (Dolphin); coney and graysby (Grouper 3); red hind and rock 

hind (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).

None ........................... ACL and AM not expected to affect baseline 

landings. 


jspears on DSK121TN23PROD with PROPOSALS3
30740 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

ST. CROIX FMP—Continued 

Proposed individual stocks and (stock complex) Expected direct 

economic impact Basis for expected economic impact 

Spiny lobster; blue tang and ocean surgeonfish (part of the Surgeonfish complex); French, 

gray, and queen angelfish (Angelfish); black, blackfin, silk, and vermilion snapper (Snapper 1); queen snapper (Snapper 2); gray and lane snapper (Snapper 3); mutton snapper 

(Snapper 4); schoolmaster (Snapper 5); yellowtail snapper (Snapper 6); longspine 

squirrelfish (Squirrelfish).

None, but potential future beneficial impact.ACL and AM not expected to affect baseline 

landings; however, would allow for greater 

landings in the future. 

Wahoo * (Wahoo); misty grouper (Grouper 6) ........................................................................... None, but potential future adverse impact.ACL and AM not expected to 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) .........................................................................

Any sea urchins in EEZ around St. Croix (Sea Urchins) 

Any sea cucumbers in EEZ around St. Croix (Sea Cucumbers) 

None ........................... ACL and AM consistent with harvest prohibition for currently managed species and expectation of zero baseline 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 

Proposed individual stocks and (stock complex) Expected direct 

economic impact Basis for expected economic impact 

Yellowmouth grouper * (Grouper 5); wahoo * (Wahoo); white and bluestriped grunt (Grunts 

1); margate (Grunts 2); misty and yellowedge grouper (Grouper 5); blue runner (Jacks); 

doctorfish (part of the Surgeonfish complex).

None ........................... ACL and AM not expected to affect baseline 

landings. 

French, gray, and queen angelfish (Angelfish); spiny lobster; black, blackfin, silk, and 

vermillion snapper (Snapper 1); queen snapper(Snapper 2); lane and mutton snapper 

(Snapper 3); yellowtail snapper (Snapper 4); red 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).

None, but potential future beneficial impact.ACL and AM not expected to affect baseline 

landings; however, would allow for greater 

landings in the future. 

Dolphinfish * (Dolphin); black, red, tiger and yellowfin grouper (Grouper 4) ............................. None, but potential future adverse impact.ACL and AM not expected to 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. John (Corals) ..............................................

Any sea urchins in EEZ around St. Thomas and St. John (Sea Urchins) 

Any sea cucumbers in EEZ around St. Thomas and St. John (Sea Cucumbers) 

None ........................... ACL and AM consistent with current harvest 

prohibition for currently managed species 

and expectation of zero baseline harvest 

for newly added species. 

Nassau grouper (Grouper 1) ......................................................................................................

Goliath grouper (Grouper 2) 

None ........................... ACL and AM consistent with 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 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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 

■ 1. The authority citation for part 600 

continues to read as follows: 

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

1801 et seq. 

■ 2. In § 600.725(v), revise the entries 

under V. Caribbean Fishery 

Management Council to read as follows: 

§ 600.725 General prohibitions. 

* * * * * 

(v) * * * 

Fishery Authorized gear types 

*******

V. Caribbean Fishery Management Council 

1. Exclusive Economic Zone around Puerto Rico 

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 Resources Fishery 

(FMP).

No harvest or possession in the EEZ. 

E. Puerto Rico Queen Conch Fishery (FMP) ........... No harvest or possession in the EEZ. 

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 Fishery (Non-FMP) ...... Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, trawl, gillnet, cast 

net, spear. 

H. Puerto Rico Recreational Fishery (Non-FMP) ...... Automatic reel, bandit gear, buoy 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 Fishery (FMP): .... No harvest or possession in the EEZ. 

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 (Non-FMP) ........... Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, trawl, gillnet, cast 

net, spear. 

H. St. Croix Recreational Fishery (Non-FMP) ........... Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, spear, powerhead, 

hand harvest, cast net. 


jspears on DSK121TN23PROD with PROPOSALS3
30742 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

Fishery Authorized gear types 

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 Reef Resource 

Fishery (FMP).

No harvest or possession in the EEZ. 

E. St. Thomas and St. John Queen Conch Fishery 

(FMP).

No harvest or possession in the EEZ. 

F. St. Thomas and St. John Pelagic Fishery (NonFMP): 

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 Commercial Fishery 

(Non-FMP).

Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, trawl, gillnet, cast 

net, spear. 

H. St. Thomas and St. John Recreational Fishery 

(Non-FMP).

Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, spear, powerhead, 

hand harvest, cast net. 

* * * * * * * 

* * * * * 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 3. The authority citation for part 622 

continues to read as follows: 

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

■ 4. Amend § 622.1 by: 

■ a. Revising paragraph (c); and 

■ b. In Table 1: 

■ i. Removing the entry for ‘‘FMP for 

Corals and Reef Associated Plants and 

Invertebrates of Puerto Rico and the U.S. 

Virgin Islands’’; 

■ 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 

■ 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: 

§ 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 § 622.1—FMPS IMPLEMENTED UNDER PART 622 

FMP title 

Responsible fishery 

management 

council(s) 

Geographical area 

*******

FMP for the Exclusive Economic Zone around Puerto Rico .................................................................... CFMC ........................ Caribbean. 

FMP for the Exclusive Economic Zone around St. Croix ......................................................................... CFMC ........................ Caribbean. 

FMP for the Exclusive Economic Zone around St. Thomas and St. John .............................................. CFMC ........................ Caribbean. 

* * * * * * * 

* * * * * 

■ 5. Amend § 622.2 by: 

■ 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’’; 

■ b. Revising paragraph (1) in the 

definition for ‘‘Fish trap’’ and paragraph 

(1) in the definition for ‘‘Import’’; and 

■ c. Adding, in alphabetical order, the 

definition for ‘‘Spiny lobster’’. 

The revisions and addition read as 

follows: 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30743 

§ 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 § 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. 

* * * * * 

■ 6. In § 622.4, revise the introductory 

text and paragraphs (b) and (f)(1) to read 

as follows: 

§ 622.4 Permits and fees—general. 

This section contains general 

information about procedures related to 

permits. See also §§ 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 § 622.70(b), § 622.220(b), or 

§ 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. 

* * * * * 

■ 7. In § 622.5, revise the introductory 

text and paragraph (a) and paragraph (b) 

introductory text to read as follows: 

§ 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: 

* * * * * 

■ 8. In § 622.6, revise the introductory 

text of paragraphs (a)(1) and (2) to read 

as follows: 

§ 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 § 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— 

* * * * * 

■ 9. Revise § 622.8 to read as follows: 

§ 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 


jspears on DSK121TN23PROD with PROPOSALS3
30744 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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. 

■ 10. In § 622.9, revise the introductory 

text and paragraph (b) to read as 

follows: 

§ 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. 

* * * * * 

■ 11. In § 622.10, revise the introductory 

text and paragraph (b) to read as 

follows: 

§ 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 speciesspecific 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. 

* * * * * 

■ 12. Revise § 622.11 to read as follows: 

§ 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] 

§ 622.12 [Removed and Reserved] 

■ 13. Remove and reserve § 622.12. 

§ 622.413 [Redesignated as § 622.19] 

■ 14. Redesignate § 622.413 as § 622.19 

in subpart A. 

■ 15. In newly redesignated § 622.19, 

revise paragraphs (a) and (b)(7) and (8) 

to read as follows: 

§ 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/officesustainable-fisheries. For information 

on the availability of this material at 

NARA, email: fr.inspection@nara.gov, or 

go to: www.archives.gov/federalregister/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 §§ 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 

§§ 622.402(c) and 622.403(b). 

* * * * * 

■ 16. In § 622.409, revise paragraphs (a) 

introductory text and (a)(2) to read as 

follows: 

§ 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. 

* * * * * 

■ 17. Revise subpart S to read as 

follows: 

Subpart S—FMP for the EEZ Around 

Puerto Rico 

Sec. 

622.430 Management area. 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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. 

§ 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 § 622.430 

Point North lat. West long. 

A (intersects with the international and EEZ boundary) .............................................................................. 19°37′29′′ 65°20′57′′ 

B ................................................................................................................................................................... 18°25′46.3015′′ 65°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°13′59.0606′′ 65°05′33.058′′ 

D ................................................................................................................................................................... 18°01′16.9636′′ 64°57′38.817′′ 

E ................................................................................................................................................................... 17°30′00.000′′ 65°20′00.1716′′ 

F ................................................................................................................................................................... 16°02′53.5812′′ 65°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 boundary) .............................................................................. 19°37′29′′ 65°20′57′′ 

§ 622.431 Definitions. 

In addition to the definitions and 

acronyms in § 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 § 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—Scombridae ................... Thunnus atlanticus ........................................... Blackfin tuna. 

Scomberomorus regalis ................................... Cero. 

Scomberomorus cavalla .................................. King mackerel. 

Euthynnus alletteratus ..................................... Little tunny. 

Acanthocybium solandri ................................... Wahoo. 

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 § 622.431 

Class or Family Scientific name English common name 

Eagle and manta rays—Myliobatidae ................ Manta birostris ................................................. Giant manta. 

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 § 622.431 

Class or Family Scientific name English common name 

Angelfishes—Pomacanthidae ............................ Pomacanthus paru ........................................... French angelfish. 

Pomacanthus arcuatus .................................... Gray angelfish. 


jspears on DSK121TN23PROD with PROPOSALS3
30746 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

TABLE 3 TO § 622.431—Continued 

Class or Family Scientific name English common name 

Holacanthus ciliaris .......................................... Queen angelfish. 

Groupers—Serranidae ....................................... Mycteroperca bonaci ........................................ Black grouper. 

Cephalopholis fulva .......................................... Coney. 

Epinephelus itajara .......................................... Goliath grouper. 

Cephalopholis cruentata .................................. Graysby. 

Hyporthodus mystacinus .................................. Misty grouper. 

Epinephelus striatus ......................................... Nassau grouper. 

Epinephelus morio ........................................... Red grouper. 

Epinephelus guttatus ....................................... Red hind. 

Epinephelus adscensionis ............................... Rock hind. 

Mycteroperca tigris ........................................... Tiger grouper. 

Hyporthodus flavolimbatus ............................... Yellowedge grouper. 

Mycteroperca venenosa ................................... Yellowfin grouper. 

Mycteroperca interstitialis ................................ Yellowmouth grouper. 

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 aurofrenatum ................................. Redband parrotfish. 

Sparisoma chrysopterum ................................. Redtail parrotfish. 

Sparisoma viride .............................................. Stoplight parrotfish. 

Scarus iseri ...................................................... Striped parrotfish. 

Snappers—Lutjanidae ........................................ Apsilus dentatus ............................................... Black snapper. 

Lutjanus buccanella ......................................... Blackfin snapper. 

Pristipomoides macrophthalmus ...................... Cardinal snapper. 

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 aurorubens ................................ Vermilion snapper. 

Pristipomoides aquilonaris ............................... Wenchman. 

Ocyurus chrysurus ........................................... Yellowtail snapper. 

Surgeonfishes—Acanthuridae ............................ Acanthurus coeruleus ...................................... Blue tang. 

Acanthurus chirurgus ....................................... Doctorfish. 

Acanthurus tractus ........................................... Ocean surgeonfish. 

Triggerfishes—Balistidae .................................... Balistes capriscus ............................................ Gray triggerfish. 

Canthidermis sufflamen ................................... Ocean triggerfish. 

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. 

§ 622.432 [Reserved] 

§ 622.433 Vessel identification. 

See § 622.6 for vessel identification 

requirements applicable to this subpart. 

§ 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 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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. 

§ 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. 

§ 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 flukeor plow-type anchor, a trip line 

consisting of a line from the crown of 

the anchor to a surface buoy is required. 

§ 622.437 Prohibited gear and methods. 

Also see § 622.9 for additional 

prohibited gear and methods that apply 

more broadly to multiple fisheries or in 

some cases all fisheries. 

(a) Reef fish—(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. 

§ 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 


jspears on DSK121TN23PROD with PROPOSALS3
30748 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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. 

§ 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 § 622.439(a)(1)—ABRIR

LA SIERRA BANK

Point North lat. West long. 

A ......... 18°06.5′ 67°26.9′ 

B ......... 18°06.5′ 67°23.9′ 

C ......... 18°03.5′ 67°23.9′ 

D ......... 18°03.5′ 67°26.9′ 

A ......... 18°06.5′ 67°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 § 622.439(a)(2)— 

TOURMALINE BANK

Point North lat. West long. 

A ......... 18°11.2′ 67°22.4′ 

B ......... 18°11.2′ 67°19.2′ 

C ......... 18°08.2′ 67°19.2′ 

D ......... 18°08.2′ 67°22.4′ 

A ......... 18°11.2′ 67°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 § 622.439(a)(3)—BAJO DE

SICO

Point North lat. West long. 

A ......... 18°15.7′ 67°26.4′ 

B ......... 18°15.7′ 67°23.2′ 

C ......... 18°12.7′ 67°23.2′ 

D ......... 18°12.7′ 67°26.4′ 

A ......... 18°15.7′ 67°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°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. 

§ 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 § 622.440(a)(1) 

Family Stock or stock complex and species composition Commercial ACL 

Angelfishes ............. Angelfish—French angelfish, gray angelfish, queen angelfish ............................. 137 lb (62.1 kg). 

Groupers ................. Grouper 3—coney 1, graysby ................................................................................. 23,890 lb (10,836.3 kg). 

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper, 

yellowmouth grouper.

2,492 lb (1,130.3 kg). 

Grouper 5—misty grouper, yellowedge grouper ................................................... 15,327 lb (6,952.2 kg). 

Grouper 6—red hind 1, rock hind ........................................................................... 121,729 lb (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 pompano .................................................................................... 1,052 lb (477.1 kg).


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30749 

TABLE 1 TO § 622.440(a)(1)—Continued 

Family Stock or stock complex and species composition Commercial ACL 

Jacks 3—rainbow runner ....................................................................................... 913 lb (414.1 kg).

Parrotfishes ............. Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redtail 

parrotfish, stoplight parrotfish, striped parrotfish.

147,774 lb (67,029.1 kg). 

Snappers ................. Snapper 1—black snapper, blackfin snapper, silk snapper 1, vermilion snapper, 

wenchman.

424,009 lb (192,327.2 kg). 

Snapper 2—cardinal snapper, queen snapper 1 ................................................... 257,236 lb (116,680.2 kg). 

Snapper 3—lane snapper ...................................................................................... 244,376 lb (110,847 kg). 

Snapper 4—dog snapper, mutton snapper 1, schoolmaster ................................. 116,434 lb (52,813.5 kg). 

Snapper 5—yellowtail snapper .............................................................................. 315,806 lb (143,247.1 kg). 

Snapper 6—cubera snapper .................................................................................. 119 lb (53.9 kg). 

Surgeonfishes ......... Surgeonfish—blue tang, doctorfish, ocean surgeonfish ........................................ 147 lb (66.6 kg). 

Triggerfishes ........... Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish 1 ...................... 83,099 lb (37,693 kg). 

Wrasses .................. Wrasses 1—hogfish ............................................................................................... 70,140 lb (31,814.9 kg). 

Wrasses 2—puddingwife, Spanish hogfish ........................................................... 20,126 lb (9,129 kg). 

1 Indicator stock. 

(2) Recreational ACLs. The 

recreational ACLs are as follows and 

given in round weight. 

TABLE 2 TO § 622.440(a)(2) 

Family Stock or stock complex and species composition Recreational ACL 

Angelfishes ............. Angelfish—French angelfish, gray angelfish, queen angelfish ............................. 2,985 lb (1,353.9 kg). 

Groupers ................. Grouper 3—coney 1, graysby ................................................................................. 19,634 lb (8,905.8 kg). 

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper, 

yellowmouth grouper.

5,867 lb (2,661.2 kg). 

Grouper 5—misty grouper, yellowedge grouper ................................................... 4,225 lb (1,916.4 kg). 

Grouper 6—red hind 1, rock hind ........................................................................... 34,493 lb (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 pompano .................................................................................... 5,719 lb (2,594 kg).

Jacks 3—rainbow runner ....................................................................................... 8,091 lb (3,670 kg). 

Parrotfishes ............. Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redtail 

parrotfish, stoplight parrotfish, striped parrotfish.

17,052 lb (7,734.6 kg). 

Snappers ................. Snapper 1—black snapper, blackfin snapper, silk snapper 1, vermilion snapper, 

wenchman.

111,943 lb (50,776.4 kg). 

Snapper 2—cardinal snapper, queen snapper 1 ................................................... 24,974 lb (11,328 kg). 

Snapper 3—lane snapper ...................................................................................... 21,603 lb (9,798.9 kg). 

Snapper 4—dog snapper, mutton snapper *, schoolmaster .................................. 76,625 lb (34,756.5 kg). 

Snapper 5—yellowtail snapper .............................................................................. 23,988 lb (10,880.7 kg). 

Snapper 6—cubera snapper .................................................................................. 6,448 lb (2,924.7 kg). 

Surgeonfishes ......... Surgeonfish—blue tang, doctorfish, ocean surgeonfish ........................................ 860 lb (390 kg). 

Triggerfishes ........... Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish 1 ...................... 7,453 lb (3,380.6 kg). 

Wrasses .................. Wrasses 1—hogfish ............................................................................................... 8,263 lb (3,748 kg). 

Wrasses 2—puddingwife, Spanish hogfish ........................................................... 5,372 lb (2,436.6 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 § 622.440(a)(3) 

Family Stock or stock complex and species composition Total ACL 

Angelfishes ............. Angelfish—French angelfish, gray angelfish, queen angelfish ............................. 3,122 lb (1,416.1 kg). 

Groupers ................. Grouper 3—coney 1, graysby ................................................................................. 43,524 lb (19,742.1 kg). 

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper, 

yellowmouth grouper.

8,359 lb (3,791.5 kg). 

Grouper 5—misty grouper, yellowedge grouper ................................................... 19,552 lb (8,868.6 kg). 

Grouper 6—red hind 1, rock hind ........................................................................... 156,222 lb (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 pompano .................................................................................... 6,771 lb (3,071.2 kg). 

Jacks 3—rainbow runner ....................................................................................... 9,004 lb (4,084.1 kg). 


jspears on DSK121TN23PROD with PROPOSALS3
30750 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

TABLE 3 TO § 622.440(a)(3)—Continued 

Family Stock or stock complex and species composition Total ACL 

Parrotfishes ............. Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redtail 

parrotfish, stoplight parrotfish, striped parrotfish.

164,826 lb (74,763.8 kg). 

Snappers ................. Snapper 1—black snapper, blackfin snapper, silk snapper 1, vermilion snapper, 

wenchman.

535,952 lb (243,103.7 kg). 

Snapper 2—cardinal snapper, queen snapper 1 ................................................... 282,210 lb (128,008.3 kg). 

Snapper 3—lane snapper ...................................................................................... 265,979 lb (120,646 kg). 

Snapper 4—dog snapper, mutton snapper 1, schoolmaster ................................. 193,059 lb (87,570 kg). 

Snapper 5—yellowtail snapper .............................................................................. 339,794 lb (154,127.9 kg). 

Snapper 6—cubera snapper .................................................................................. 6,567 lb (2,978.7 kg). 

Surgeonfishes ......... Surgeonfish—blue tang, doctorfish, ocean surgeonfish ........................................ 1,007 lb (456.7 kg). 

Triggerfishes ........... Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish 1 ...................... 90,552 lb (41,073.6 kg). 

Wrasses .................. Wrasses 1—hogfish ............................................................................................... 78,403 lb (35,563 kg). 

Wrasses 2—puddingwife, Spanish hogfish ........................................................... 25,498 lb (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). 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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. 

§ 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 § 622.10 

regarding requirements for landing fish 

intact. See § 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. 

§ 622.442 [Reserved] 

§ 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 


jspears on DSK121TN23PROD with PROPOSALS3
30752 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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. 

§ 622.444 Bag and possession limits. 

Section 622.11(a) provides the general 

applicability for bag and possession 

limits. However, § 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. 

§ 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. 

§ 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 tailweight 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 § 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. 

§ 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. 

§§ 622.470 through 622.474 [Redesignated 

as §§ 622.505 through 622.509] 

■ 18. Redesignate §§ 622.470 through 

622.474 as §§ 622.505 through 622.509. 

■ 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. 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30753 

622.486 Spiny lobster import prohibitions. 

622.487 Adjustment of management 

measures. 

§ 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 § 622.470 

Point North lat. West long. 

G ........................................................................................................................................................................ 18°03′03′′ 64°38′03′′ 

From Point G proceed along the international and EEZ boundary easterly, then southerly, then southwesterly to Point F. 

F ......................................................................................................................................................................... 16°02′53.5812′′ 65°20′00.1716′′ 

E ......................................................................................................................................................................... 17°30′00.000′′ 65°20′00.1716′′ 

D ........................................................................................................................................................................ 18°01′16.9636′′ 64°57′38.817′′ 

G ........................................................................................................................................................................ 18°03′03′′ 64°38′03′′ 

§ 622.471 Definitions. 

In addition to the definitions and 

acronyms in § 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 § 622.471 

Class or family Scientific name English common name 

Dolphinfishes—Coryphaenidae .......................... Coryphaena hippurus ....................................... Dolphinfish. 

Mackerels and tunas—Scombridae ................... Acanthocybium solandri ................................... Wahoo. 

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 § 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 cruentata .................................. Graysby. 

Hyporthodus mystacinus .................................. Misty grouper. 

Epinephelus striatus ......................................... Nassau grouper. 

Epinephelus morio ........................................... Red grouper. 

Epinephelus guttatus ....................................... Red hind. 

Epinephelus adscensionis ............................... Rock hind. 

Mycteroperca tigris ........................................... Tiger grouper. 

Mycteroperca venenosa ................................... Yellowfin grouper. 

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 aurofrenatum ................................. Redband parrotfish. 

Sparisoma rubripinne ....................................... Redfin parrotfish. 

Sparisoma chrysopterum ................................. Redtail parrotfish. 

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. 


jspears on DSK121TN23PROD with PROPOSALS3
30754 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

TABLE 2 TO § 622.471—Continued 

Class or family Scientific name English common name 

Lutjanus apodus ............................................... Schoolmaster. 

Lutjanus vivanus .............................................. Silk snapper. 

Rhomboplites aurorubens ................................ Vermilion snapper. 

Ocyurus chrysurus ........................................... Yellowtail snapper. 

Squirrelfishes—Holocentridae ............................ Holocentrus rufus ............................................. Longspine 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. 

§ 622.472 [Reserved] 

§ 622.473 Vessel identification. 

See § 622.6 for vessel identification 

requirements applicable to this subpart. 

§ 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. 

§ 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. 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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. 

§ 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 flukeor plow-type anchor, a trip line 

consisting of a line from the crown of 

the anchor to a surface buoy is required. 

§ 622.477 Prohibited gear and methods. 

Also see § 622.9 for additional 

prohibited gear and methods that apply 

more broadly to multiple fisheries or in 

some cases all fisheries. 

(a) Reef fish—(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. 

§ 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] 

§ 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 § 622.479(a)—MUTTON

SNAPPER SPAWNING AGGREGATION

AREA

Point North lat. West long. 

A ......... 17°37.8′ 64°53.0′ 

B ......... 17°39.0′ 64°53.0′ 

C ......... 17°39.0′ 64°50.5′ 

D ......... 17°38.1′ 64°50.5′ 

E ......... 17°37.8′ 64°52.5′ 

A ......... 17°37.8′ 64°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 § 622.479(a)(2)—RED

HIND SPAWNING AGGREGATION

AREA EAST OF ST. CROIX

Point North lat. West long. 

A ......... 17°50.2′ 64°27.9′ 

B ......... 17°50.1′ 64°26.1′ 

C ......... 17°49.2′ 64°25.8′ 

D ......... 17°48.6′ 64°25.8′ 

E ......... 17°48.1′ 64°26.1′ 

F .......... 17°47.5′ 64°26.9′ 

A ......... 17°50.2′ 64°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 


jspears on DSK121TN23PROD with PROPOSALS3
30756 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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°34′ W longitude, which 

includes Lang Bank. 

§ 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 § 622.480(a)(1) 

Family Stock or stock complex and species composition ACL 

Angelfishes ............. Angelfish—French angelfish, gray angelfish, queen angelfish ............................. 6,412 lb (2,908.4 kg). 

Groupers ................. Grouper 3—coney,1 graysby ................................................................................. 13,529 lb (6,136.6 kg). 

Grouper 4—red hind,1 rock hind ........................................................................... 11,849 lb (5,374.6 kg). 

Grouper 5—black grouper, red grouper, tiger grouper, yellowfin grouper ............ 701 lb (317.9 kg). 

Grouper 6—misty grouper ..................................................................................... 77 lb (34.9 kg). 

Grunts ..................... Grunts—bluestriped grunt, white grunt .................................................................. 27,169 lb (12,323.6 kg). 

Parrotfishes ............. Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redfin 

parrotfish, redtail parrotfish,1 stoplight parrotfish,1 striped parrotfish.

72,365 lb (32,824.2 kg). 

Snappers ................. Snapper 1—black snapper, blackfin snapper,1 silk snapper,1 vermilion snapper 61,455 lb (27,875.5 kg). 

Snapper 2—queen snapper ................................................................................... 7,911 lb (3,588.3 kg). 

Snapper 3—gray snapper, lane snapper .............................................................. 14,156 lb (6,421 kg). 

Snapper 4—mutton snapper .................................................................................. 8,513 lb (3,861.4 kg). 

Snapper 5—schoolmaster ..................................................................................... 22,879 lb (10,377.7 kg). 

Snapper 6—yellowtail snapper .............................................................................. 15,670 lb (7,107.7 kg). 

Squirrelfishes .......... Squirrelfish—longspine squirrelfish ........................................................................ 3,514 (1,593.9 kg). 

Surgeonfishes ......... Surgeonfish—blue tang, doctorfish, ocean surgeonfish ........................................ 39,061 lb (17,717.7 kg). 

Triggerfishes ........... Triggerfish—queen triggerfish ................................................................................ 21,450 lb (9,729.5 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°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°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, 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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. 

§ 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 

§ 622.10 regarding requirements for 

landing fish intact. See § 622.485(c)(2) 

regarding requirements for landing 

spiny lobster intact. See § 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. 

§ 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 § 622.484(e) apply. 

(b) [Reserved] 

§ 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. 

§ 622.484 Bag and possession limits. 

Section 622.11(a) provides the general 

applicability for bag and possession 

limits. However, § 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. 

§ 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. 

§ 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. 


jspears on DSK121TN23PROD with PROPOSALS3
30758 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

(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 tailweight 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 § 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. 

§ 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. 

■ 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. 

§ 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 § 622.505 

Point North lat. West long. 

A (intersects with the international and EEZ boundary) .............................................................................. 19°37′29′′ 65°20′57′′ 

From Point A proceed along the international and EEZ boundary southeasterly to Point G. 

G ................................................................................................................................................................... 18°03′03′′ 64°38′03′′ 

D ................................................................................................................................................................... 18°01′16.9636′′ 64°57′38.817′′ 

C ................................................................................................................................................................... 18°13′59.0606′′ 65°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°25′46.3015′′ 65°06′31.866′′ 

A (intersects with the international and EEZ boundary) .............................................................................. 19°37′29′′ 65°20′57′′ 

§ 622.506 Definitions. 

In addition to the definitions and 

acronyms in § 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: 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30759 

TABLE 1 TO § 622.506 

Class or Family Scientific name English common name 

Dolphinfishes—Coryphaenidae .......................... Coryphaena hippurus ....................................... Dolphinfish. 

Mackerels and tunas—Scombridae ................... Acanthocybium solandri ................................... Wahoo. 

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 § 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 mystacinus .................................. Misty grouper. 

Epinephelus striatus ......................................... Nassau grouper. 

Epinephelus morio ........................................... Red grouper. 

Epinephelus guttatus ....................................... Red hind. 

Mycteroperca tigris ........................................... Tiger grouper. 

Hyporthodus flavolimbatus ............................... Yellowedge grouper. 

Mycteroperca venenosa ................................... Yellowfin grouper. 

Mycteroperca interstitialis ................................ Yellowmouth grouper. 

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 aurofrenatum ................................. Redband parrotfish. 

Sparisoma rubripinne ....................................... Redfin parrotfish. 

Sparisoma chrysopterum ................................. Redtail parrotfish. 

Sparisoma viride .............................................. Stoplight parrotfish. 

Scarus iseri ...................................................... Striped parrotfish. 

Porgies—Sparidae ............................................. Calamus bajonado ........................................... Jolthead porgy. 

Calamus calamus ............................................ Saucereye porgy. 

Archosargus rhomboidalis ............................... Sea bream. 

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 aurorubens ................................ Vermilion snapper. 

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. 

§ 622.507 [Reserved] 

§ 622.508 Vessel identification. 

See § 622.6 for vessel identification 

requirements applicable to this subpart. 

§ 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 


jspears on DSK121TN23PROD with PROPOSALS3
30760 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

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. 

§ 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. 

§ 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. 

§ 622.512 Prohibited gear and methods. 

Also see § 622.9 for additional 

prohibited gear and methods that apply 

more broadly to multiple fisheries or in 

some cases all fisheries. 

(a) Reef fish—(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 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 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. 

§ 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. 

§ 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 § 622.514(a)(1)— 

GRAMMANIK BANK

Point North lat. West long. 

A ......... 18°11.898′ 64°56.328′ 

B ......... 18°11.645′ 64°56.225′ 

C ......... 18°11.058′ 64°57.810′ 

D ......... 18°11.311′ 64°57.913′ 

A ......... 18°11.898′ 64°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 § 622.514(a)(2)—HIND

BANK MCD 

Point North lat. West long. 

A ......... 18°13.2′ 65°06.0′ 

B ......... 18°13.2′ 64°59.0′ 

C ......... 18°11.8′ 64°59.0′ 

D ......... 18°10.7′ 65°06.0′ 

A ......... 18°13.2′ 65°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. 

§ 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 § 622.515(a)(1) 

Family Stock or stock complex and species composition ACL 

Angelfishes ............. Angelfish—French angelfish, gray angelfish 1, queen angelfish ........................... 18,297 lb (8,299.3 kg). 

Groupers ................. Grouper 3—coney, red hind 1 ................................................................................ 65,030 lb (29,497.1 kg). 

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper ............ 2,254 lb (1,022.3 kg). 

Grouper 5—misty grouper, yellowedge grouper, yellowmouth grouper ................ 390 lb (176.9 kg). 

Grunts ..................... Grunts 1—bluestriped grunt, white grunt 1 ............................................................ 30,581 lb (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 parrotfish, queen parrotfish, redband parrotfish, redfin 

parrotfish, redtail parrotfish 1, stoplight parrotfish 1, striped parrotfish.

60,026 lb (27,227.3 kg). 

Porgies .................... Porgies—jolthead porgy, saucereye porgy 1, sea bream, sheepshead porgy ...... 29,039 lb (13,171.8 kg). 

Snappers ................. Snapper 1—black snapper, blackfin snapper 1, silk snapper, vermilion snapper 20,090 lb (9,112.6 kg). 

Snapper 2—queen snapper ................................................................................... 568 lb (257.6 kg). 

Snapper 3—lane snapper, mutton snapper 1 ........................................................ 30,784 lb (13,963.3 kg). 

Snapper 4—yellowtail snapper .............................................................................. 88,952 lb (40,347.9 kg). 

Surgeonfishes ......... Surgeonfish—blue tang, doctorfish 1, ocean surgeonfish ...................................... 22,630 lb (10,264.7 kg). 


jspears on DSK121TN23PROD with PROPOSALS3
30762 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

TABLE 1 TO § 622.515(a)(1)—Continued 

Family Stock or stock complex and species composition ACL 

Triggerfishes ........... Triggerfish—queen triggerfish ................................................................................ 97,670 lb (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. 

§ 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 § 622.10 

regarding requirements for landing fish 

intact. See § 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. 

§ 622.517 [Reserved] 

§ 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. 

§ 622.519 Bag and possession limits. 

Section 622.11(a) provides the general 

applicability for bag and possession 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30763 

limits. However, § 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. 

§ 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 eggbearing 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. 

§ 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 tailweight 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 § 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. 

§ 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] 

■ 21. Remove subpart V, consisting of 

§§ 622.490 through 622.497. 

■ 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. 


jspears on DSK121TN23PROD with PROPOSALS3
30764 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 

TABLE 1 TO APPENDIX A TO PART 622—GULF OF MEXICO REEF FISH—Continued 

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: 


jspears on DSK121TN23PROD with PROPOSALS3
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Proposed Rules 30765 

TABLE 2 TO APPENDIX A TO PART 622—SOUTH ATLANTIC SNAPPER-GROUPER—Continued 

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. 

■ 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: 

■ a. 50 CFR 622.55(e); 

■ b. 50 CFR 622.382(a)(1)(i)(B); 

■ c. 50 CFR 622.400(a)(1)(i); 

■ d. 50 CFR 622.402(a)(1), (2), (3), and 

(c)(1); 

■ e. 50 CFR 622.403(b)(3)(i); 

■ f. 50 CFR 622.404(e) and (f); and 

■ g. 50 CFR 622.405(b)(2)(i). 

[FR Doc. 2022–09588 Filed 5–18–22; 8:45 am] 

BILLING CODE 3510–22–P 


jspears on DSK121TN23PROD with PROPOSALS3