Request for Comments on an Amendment to Modify the Management of Net Gear and to Minimize Reef Fish Mortality in U.S. Caribbean Federal Waters

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Key Message:

NOAA Fisheries requests your comments on Amendment 2 to each of the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans. Amendment 2 and the proposed rule would modify the use of trawls, trammel nets, gillnets, and purse seines in fisheries located in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John. Amendment 2 would also require a descending device to be available and ready for use when fishing for Council-managed reef fish species in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John.

Comments on this amendment are due by October 28, 2024.

Summary of Proposed Changes:

• In federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, Amendment 2 and the proposed rule would establish the following management measures regarding nets:
  • prohibit the use of trawls, trammel nets, and purse seines for all fishing (commercial and recreational, all species);
  • prohibit the use of gillnets in fisheries managed by the Caribbean Fishery Management Council, which include reef fish, spiny lobster, and pelagic species;
  • restrict the use of gillnets in non-federally managed fisheries to gillnets that meet the following requirements: (1) the gillnet mesh size must be 0.75 inches (1.9 cm) square or 1.5 inches (3.8 cm) stretched; (2) one gillnet up to 600 feet (182.9 m) in length would be allowed per vessel; (3) the gillnet must be used 20 feet (6.1 m) or more above the bottom; and (4) the gillnet must be tended at all times.
• Amendment 2 would also require a descending device be available and ready for use on each fishing vessel when fishing for reef fish species managed by the Caribbean Fishery Management Council in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John.

The purpose of Amendment 2 and the proposed rule is to prevent future, potential negative impacts associated with the use of these fishing gear types to sensitive habitats present in U.S. Caribbean federal waters, to eliminate the potential for bycatch associated with each of these types of fishing gear, and to improve the survivability of released Council-managed reef fish showing signs of barotrauma.

How to Comment on the Amendment:

The comment period is open now through October 28, 2024. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

Formal Federal RegisterName/Number: 89 FR 68572, published on August 27, 2024

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

1. Go to https://www.regulations.gov and enter ''NOAA-NMFS-2024-0084'', in the Search box.

2. Click the "Comment" icon and complete the required fields.

3. Enter or attach your comments.

Mail: Submit written comments to Maria Lopez-Mercer, Southeast Regional Office, NOAA Fisheries, 263 13th Avenue South, St. Petersburg, Florida 33701.

What is NOAA Fisheries announcing today?

• NOAA Fisheries is announcing a public comment period for Amendment 2 to each of the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans (Amendment 2).
• Amendment 2 would (1) prohibit the use of trawls, trammel nets, and purse seines in all fisheries located in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, (2) prohibit the use of gillnets in federally-managed fisheries in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, and restrict the use of gillnets in non-managed fisheries to a gillnet that meets specified requirements, and (3) require a descending device be available and ready for use on each fishing vessel when fishing in federally-managed reef fish fisheries located in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John.
• The comment period on the Amendment 2 is open from August 27, 2024, through October 28, 2024.
• NOAA Fisheries will also publish a proposed rule to implement Amendment 2. Another fishery bulletin to request comments will be sent when the rule is published. Comments on both Amendment 2 and the proposed rule will be considered in the final rule.

Why are we proposing the actions outlined in Amendment 2?

• In Amendment 2, the Caribbean Fishery Management Council recommended a precautionary approach to management to prevent potentially negative effects on habitats and species associated with the use of certain types of fishing gear.
• In federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, gillnets are listed as an authorized gear type for the commercial federally-managed and non-federally managed pelagic fisheries, as well as all other commercial non-federally managed fisheries located in U.S. Caribbean federal waters. Trawl nets are listed as an authorized gear type for the commercial non-federally managed fisheries, except for the non-managed pelagic fisheries. Purse seines and trammel nets are not listed as authorized fishing gear for any fishery (managed or non-managed) in U.S. Caribbean federal waters.
• Amendment 2 would prohibit the use of trawl, trammel net, and purse seine gear by any sector (i.e., commercial and recreational) in any fishery (i.e., managed and non-managed) located in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John.
• During the development of Amendment 2, when considering the use of gillnet gear, the Caribbean Fishery Management Council recommended restricting the use of gillnets such that it would only be allowed for fishing in non-managed fisheries to accommodate fishermen who use gillnet gear at the surface of the water to catch baitfish.
  • Therefore, Amendment 2 would prohibit the use of gillnets in all federally-managed fisheries located in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, and restrict the use of gillnets to commercial non-managed fisheries only, and only so long as the gillnet meets certain specifications and requirements, as described in Amendment 2.
• To enhance the survival of released reef fish, Amendment 2 would require a descending device to be on board a commercial or recreational vessel and readily available for use while fishing for or possessing species of reef fish managed under the Fishery Management Plans. The list of reef fish managed by the Council in each plan can be found in Table 3 to 50 CFR part 622.431 (Puerto Rico), table 2 to 50 CFR part 622.471 (St. Croix), and table 2 to 50 CFR part 622.506 (St. Thomas and St. John).
• A descending device is an instrument that is attached to a minimum of 16 ounces (454 grams) of weight and length of line that will release the fish at the depth from which it was caught, or a minimum of 60 feet (18.3 meters). The descending device attaches to the fish's mouth or is a container that will hold the fish. The device must be capable of releasing the fish automatically, by the actions of the operator of the device, or by allowing the fish to escape on its own.

Where can I find more information on Amendment 2?

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NOAA's Text Message Alert Program allows you to receive important fishery related alerts via text message (SMS). Standard message & data rates may apply. You may opt-out at any time. Text alerts you may receive include:

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Quick Glance Contact Listfor the NOAA Fisheries Southeast Regional Office

Permits Mailbox: The Permits Office in St. Petersburg, Florida now has a Permits mailbox in the front lobby (263 13th Ave. South, St. Petersburg, Florida 33701). You can now drop off original permits for permit transfers. Envelopes with information labels will be provided so that your documents can be attached to the correct application. The mailbox will be checked daily. For more information, contact the Permits Office at 877-376-4877.

Other contacts:

Media: Allison Garrett, 727-551-5750
NOAA Fisheries' Southeast Recreational Fishing Coordinator: Sean Meehan, 727-385-5202

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