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 Excerpts from the Final Rule for the Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Amendment to the Fishery Management Plans of the U.S. Caribbean

Excerpts from the Southeast Regional Office's public bulletin announcing the publication of the Caribbean SFA final rule.

Important notice:

For details, readers should contact the Council, or refer to the comprehensive amendment or the final rule. Any discrepancies between these documents, bulletin and the final rule as published in the Federal Register will be resolved in favor of the Federal Register.

Fishery Management Plans for the Caribbean EEZ

Excerpts from the:  Federal Register/Vol. 70, No. 208/ Friday, October 28, 2005/ Rules and Regulations

DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL MARINE FISHERIES SERVICE (NMFS)

50 CFR Parts 600 and 622

ACTION: Final Rule

SUMMARY: NMFS issues this final rule to implement a comprehensive amendment prepared by the Caribbean Fishery Management Council (Council) to amend its Reef Fish , Spiny Lobster, Queen Conch, and Coral Fishery Management Plans (FMPs).  The comprehensive amendment is designed to ensure the FMPs are fully compliant with the provisions of the Magnuson-Stevens Fishery Management Act (Magnuson-Stevens Act).  This final rule redefines the fishery management units for the FMPs; (queen conch, reef fish, coral, spiny lobster); establishes seasonal closures; imposes gear restrictions and requirements; revises requirements for making pots and traps; and prohibits the filleting of fish at sea.  In addition, the comprehensive amendment establishes biological reference points and stock status criteria; establishes rebuilding schedules and strategies to end overfishing and rebuild overfished stocks; provides for standardized collection of bycatch data; minimizes bycatch and bycatch mortality to the extent practicable; designates essential fish habitat (EFH) and EFH habitat areas of particular concern (HAPCs); and minimizes adverse impacts to the extent practicable.  The intended effect of this final rule is to achieve optimum yield in the fisheries and provide social and economic benefits associated with maintaining healthy stocks.

DATES:  This final rule is effective November 28, 2005.

ADDRESSES:  Copies of the final regulatory flexibility analysis (FRFA) and Record of Decision (ROD) are available from Dr. Steve Branstetter, NMFS, Southeast Regional Office, 263 13th Avenue South, ST. Petersburg, FL 33701; telephone 727-824-5305; fax 727-824-5308; e-mail Steve.Branstetter@noaa.gov

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727-824-5305; fax 727-824-5308; e-mail Steve.Branstetter@noaa.gov

CLASSIFICATION: ... The final rule will implement an integrated FMP amendment that will bring the Caribbean Council's FMPs for spiny lobster, queen conch, reef fish, corals, and reef associated plants and invertebrates into full compliance with requirements added to the Magnuson-Stevens Fishery Management Act through the 1996 Sustainable Fisheries Act.  

The objectives of the rule are to: 

(1) define fishery management units (FMUs) and FMU sub-units; (Tables 2, 3, 4 of the SFA)

(2) specify biological reference points and stock status determination criteria; 

(3) regulate fishing mortality; 

(4) rebuild overfished fisheries; 

(5) conserve and protect yellowfin grouper; 

(6) achieve bycatch mandates; and 

(7) achieve the essential fish habitat mandates.

 

... The final rule will 

(1) prohibit fishing for or possession of queen conch in the EEZ, with the exception of Lang Bank East of St. Croix

(2a) move aquarium trade species of Caribbean coral and reef fish from a management to a data collection only category; 

(2b) move all species of Caribbean conch, with the exception of queen conch, to a data collection only category, thereby removing fishery management restrictions on these species; 

(3) close the EEZ to the possession of red, black, tiger, yellowfin, and yellowedge grouper from February 1 through April 30 of each year

(4) close the EEZ off the West coast of Puerto Rico to the possession of red hind from December 1 through the last day of February each year

(5)  close the EEZ to the possession of black, blackfin, vermilion, and silk snapper from October 1 through December 31 of each year

(6) close the EEZ to the possession of mutton snapper and lane snapper from April 1 through June 30 of each year

(7a) implement an immediate prohibition against the use of gill and trammel nets to fish for Caribbean reef fish or Caribbean spiny lobster in the EEZ

(7b) require gill nets used to fish for bait fish in the EEZ to be tended at all times; 

(8) prohibit the filleting of fish in the EEZ and require that fish captured or possessed in the EEZ be landed with heads and fins intact, with minor exceptions; 

(9) close an area of the Grammanik Bank to fishing for or possession of any species of fish, except highly migratory species, from February 1 through April 30 of each year

(10) amend current requirements for trap construction such that only one escape panel is required , which could be the door; 

(11a) require at least one buoy that floats on the surface for all traps/pots fished individually for all fishing vessels that fish for or possess Caribbean spiny lobster or Caribbean reef fish species in or from the EEZ; 

(11b) require at least one buoy at each end of trap lines linking traps/pots for all fishing vessels that fish for of possess Caribbean spiny lobster or Caribbean reef fish species in or from the EEZ; 

(11c) prohibit use of pots/traps, gill/trammel nets, and bottom longlines on coral or hard bottom year-round in the existing seasonally closed areas (PR  & USVI ) and Grammanik Bank in the EEZ; and 

(11d) require an anchor retrieval system for all vessels that fish for or possess Caribbean reef fish species in or from the EEZ.  

In addition, consistent with the provisions of the comprehensive amendment, a standardized bycatch reporting methodology is being established in partnership with both states.  Both states have agreed to include standardized bycatch data collection within their trip ticket systems.

Excerpts from the: Southeast Regional Office's public bulletin announcing the publication of the Caribbean SFA final rule.

Fishery Management Units (FMUs)

The final rule will redefine the FMUs and FMU sub-units in all the Council FMPs to better reflect those species taken in federal waters requiring conservation and management. Certain species or species groups will be deleted from the FMUs and the remaining species will be distinguished as managed species or "data collection only" species. Species redesignated to a "data collection only" category within their respective FMUs under the Reef Fish and Coral FMPs are no longer subject to federal regulations. Consequently, existing regulations defining a marine aquarium fish as "a Caribbean reef fish that is smaller than 5.5 inches TL" and restricting the harvest of a marine aquarium fish to hand-held dip nets or hand-held slurp guns are eliminated. The regulation prohibiting the harvest and possession of butterflyfish and seahorses from federal waters of the U.S. Caribbean is eliminated.

Reductions in Fishing Mortality

Based on current estimates of the status of some stocks, or the establishment of new stock status criteria in the amendment, several stocks are considered overfished. For species groups such as Grouper Unit 4, parrotfish, and Snapper Unit 1, fishing mortality should be reduced by 30, 27, and 23 percent, respectively. On average, catches of all species should be reduced by 7 percent to achieve long-term average catches approximating optimum yield. The final rule implements several regulatory changes to achieve these reductions in fishing mortality and to meet rebuilding schedules.

Seasonal Closures: Several seasonal closures (in federal waters) are established, generally bracketing the peak spawning periods of affected species. The intent is to reduce fishing mortality by protecting species as they aggregate to spawn. These closures are effective November 28, 2005.

  1. Possession of red, black, tiger, yellowfin, and yellowedge grouper will be prohibited from February 1 through April 30.

  2. Possession of red hind will be prohibited off the west coast of Puerto Rico from December 1 through February 28.

  3. Possession of black, blackfin, vermilion, and silk snapper will be prohibited from October 1 through December 31.

  4. Possession of mutton snapper and lane snapper will be prohibited from April 1 through June 30.

  5. A small area of Grammanik Bank will be closed to all fishing from February 1 to April 30 of each year, to protect yellowfin grouper spawning aggregations.

Gear and Harvesting Restrictions: Additional reductions in fishing mortality will be achieved from certain gear and harvesting restrictions in federal waters. These restrictions are effective November 28, 2005.

  1. The use of gill and trammel nets will be prohibited, with the exception of those nets used for catching ballyhoo, gar (houndfish), and flying fish.

  2. Filleting fish at sea will be prohibited.

  3. The commercial and recreational catch and possession of queen conch will be prohibited, with the exception of Lang Bank near St. Croix.

Minimizing Bycatch: In addition to the seasonal closures and harvesting restrictions, which will aid in reducing bycatch, the final rule amends current requirements for trap construction such that only one escape panel be required, which could be the door. This requirement is effective November 28, 2005.

Minimize adverse effects on EFH
To minimize the adverse impacts of fishing on essential fish habitat (EFH), the final rule establishes several regulatory changes, effective November 28, 2005.

  1. All vessels that fish for or possess spiny lobster or reef fish with traps/pots,  will be required to mark each individual trap/pot with a surface buoy, or mark a trap line at each end with a surface buoy.

  2. All commercial and recreational vessels fishing for reef fish will be required to ensure the anchor is recovered by its crown.

  3. All bottom-tending gear will be prohibited year-round in the existing seasonally closed areas, including Grammanik Bank. This applies to all fisheries, including those for swordfish, tuna and shark.

Other Non-Regulatory Actions in the Amendment

Several actions in the amendment are non-regulatory in nature, but are summarized here to provide a more complete understanding of the regulatory actions.

1.  For all FMUs, with the exception of those species included in a "data collection only" category, the amendment establishes or revises biological reference points and stocks status criteria by which the Council and NMFS monitor the status of the stocks.

2.  The amendment establishes a cooperative system between NMFS, Puerto Rico and the U.S. Virgin Islands to address U. S. Caribbean bycatch data collection for fisheries of the region.

3.  The amendment describes, identifies, and designates EFH and EFH habitat areas of particular concern for managed stocks.

 

50 CFR PART 622 NMFS link to most recent regulations

Disclaimer

The present Guide has the purpose of providing appropriate information to fishers about regulations and helping in the recovery of the stocks and the sustainable use of marine fishery resources in the Caribbean.

This Guide is for general information purposes.  Fishery Regulations are subject to changes. 

For more information on fishery regulations, visit the Federal Register.