Request for Comments: Proposed Changes to Net Gear Regulations and Requirements for Descending Devices for Reef Fish Fishing in U.S. Caribbean Federal Waters

Para español, por favor haga clic aquí

Key Message:

NOAA Fisheries requests your comments on a proposed rule to implement Amendment 2 to each of the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans. 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.

The rule would also require a descending device to be available and ready for use when fishing for reef fish species managed by the Caribbean Fishery Management Council (Council) in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John.

Comments on this proposed rule are due by October 30, 2024.

Summary of Proposed Changes:

Net Gear regulation changes in federal waters around Puerto Rico and the U.S Virgin Islands:

• 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 Council, which include reef fish, spiny lobster, and pelagic species; and
• Restrict the use of gillnets in fisheries not managed by the Council to gillnets that meet the following requirements:
  1. the gillnet mesh size must be 0.75 inches (1.9 centimeters) square or 1.5 inches (3.8 centimeters) stretched;
  2. one gillnet up to 600 feet (182.9 meters) in length would be allowed per vessel;
  3. the gillnet must be used 20 feet (6.1 meters) or more above the bottom; and
  4. the gillnet must be tended at all times.

Descending Device requirement in federal waters around Puerto Rico and the U.S Virgin Islands:

• A descending device should be available and ready for use on each fishing vessel (commercial and recreational) when fishing for reef fish species managed by the Council.
• A descending device isan instrument capable of releasing a fish at the depth from which the fish was caught.
• The proposed rule would require a minimum of a 16-ounce weight and a minimum length of 60 feet (18.3 meters) of line attached to the descending device.

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 Proposed Rule:

The comment period is open now through October 30, 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 79492, published on September 30, 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 requests your comments on the proposed rule that would implement Amendment 2 to each of the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans.
• Amendment 2 and the rule propose changes to fishing net management and would establish descending device requirements when fishing for reef fish managed by the Caribbean Fishery Management Council in federal waters of the U.S. Caribbean.
• The comment period on the proposed rule is open from September 30, 2024, through October 30, 2024.
• Comments on both Amendment 2 and the proposed rule will be considered in the final rule.

What would be changing?

• Currently, there are some regulations limiting the use of trawls, trammel nets, gillnets, and purse seines in fisheries in federal waters around Puerto Rico and the U.S Virgin Islands:
  • For example, the use of trammel nets and gillnets has been prohibited since 2005 for harvesting reef fish and spiny lobster in federal waters. While trammel nets are not listed as authorized fishing gear for any fishery (managed or non-managed) in U.S. Caribbean federal waters, 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, however trawl nets are not currently used in federal waters.
  • Purse seines are not listed as authorized fishing gear for any fishery (managed or non-managed) in U.S. Caribbean federal waters and are not currently used in federal waters.
• To prevent any future negative effects of these fishing gear types on important species and habitats, Amendment 2 and the proposed rule would extend or apply restrictions to ALL fishing (commercial and recreational) with some exceptions for gillnets to accommodate fishermen that use gillnet gear at the surface to catch baitfish:
  • Gillnets may not be used to fish for any species managed by the Council, but may be used to fish for unmanaged fish such as baitfish, provided the gillnet meets the following requirements:
    1. the gillnet mesh size must be 0.75 inches (1.9 centimeters) square or 1.5 inches (3.8 centimeters) stretched;
    2. one gillnet up to 600 feet (182.9 meters) in length allowed per vessel;
    3. the gillnet must be used 20 feet (6.1 meters) or more above the bottom; and
    4. the gillnet must be tended at all times.

Are there any new requirements proposed for reef fish fishing?

• To enhance the survival of released reef fish, Amendment 2 and the proposed rule would also require a descending device to be available on each fishing vessel and ready for use when fishing for Council-managed reef fish in federal waters around Puerto Rico and the U.S Virgin Islands that are showing signs of barotrauma.

What is barotrauma in reef fish?

• Barotrauma in fish is an injury caused by the expansion of gas inside a fish from the rapid pressure decrease that occurs when fish is retrieved from the bottom.
  • Barotrauma generally occurs when retrieving fish from depths of 90 feet or greater, but it can occur in waters as shallow as 33 feet deep.
  • Barotrauma results from internal gases that fill the abdomen and the fish may be unable to swim back down to the capture depth. Fish experiencing barotrauma often have difficulty swimming to deeper waters or float on the surface, which makes them vulnerable to predation from dolphins, sharks and other fish, and seabirds.
  • Signs of barotrauma in fish include a distended abdomen, bulging eyes, an everted stomach, and bubbling under the scales.

What are descending devices?

• Descending devices are weighted instruments that help fish overcome buoyancy by releasing them at depth, where they have the greatest chance to survive.
• Descending devices only be used when a fish may be experiencing barotrauma (e.g., caught in deep water, protruding stomach, etc.).
• Fishermen can use a descending device to lower the fish back to depth where gases recompress and the fish can be released.

Where can I find more information on descending devices?

There are a variety of articles and videos readily available online discussing descending devices.

Where can I find more information on Amendment 2 and its proposed rule?

• Contact NOAA Fisheries, Southeast Regional Office

By Mail: Maria Lopez-Mercer
NOAA Fisheries, Southeast Regional Office
Sustainable Fisheries Division
263 13th Avenue South
St. Petersburg, Florida 33701-5505
By Phone: (727) 824-5305

Sign Up For Text Message Alerts - Find Out About Immediate Openings and Closures

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:

• Immediate fishery openings and closures
• Any significant changes to fishing regulations that happen quickly

Sign up for one or more of the following groups:

• Gulf of Mexico Recreational Fisheries Related Alerts
  • Text GULFRECFISH to 888777
• Gulf of Mexico Commercial Fisheries Related Alerts
  • Text GULFCOMMFISH to 888777
• South Atlantic Recreational Fisheries Related Alerts
  • Text SATLRECFISH to 888777
• South Atlantic Commercial Fisheries Related Alerts
  • Text SATLCOMMFISH to 888777
• Caribbean Fisheries Related Alerts

Quick Glance Contact Listfor the NOAA Fisheries Southeast Regional Office

Other contacts:

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

Public link

Please use the above public link if you want to share this noodl on another website.