Final Rule to Modify the Definition and Use of Buoy Gear in U.S. Caribbean Federal Waters

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Caribbean Fishery Bulletin

Bringing Fishing News to You

FB23-047

Fishery Bulletin Issue Date: July 20, 2023

Contact: Maria Lopez-Mercer, 727-824-5305, maria.lopez@noaa.gov

Final Rule to Modify the Definition and Use of Buoy Gear in U.S. Caribbean Federal Waters

Key Message:

• NOAA Fisheries is announcing a final rule to implement Amendment 1 to each of the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans.

• Amendment 1 and the final rule will modify the use and definition of buoy gear, which is a type of hook-and-line gear used by commercial fishermen targeting deep-water reef fish in Puerto Rico and the U.S. Virgin Islands. Buoy gear is also known as “cala con boya” in Puerto Rico and as “deep-drop buoy gear” in the U.S. Virgin Islands.

When Rule Will Take Effect:

Regulations become effective on August 21, 2023.

What This Means:

• Amendment 1 and the final rule:

o Prohibit the use of buoy gear for all recreational fisheries (i.e., species managed and nonmanaged by the Caribbean Fishery Management Council) in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John.

o Modify the definition of buoy gear to increase the maximum number of hooks from 10 to 25 hooks in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John for fisheries where buoy gear is authorized (i.e., the commercial sector).

The purpose of Amendment 1 is to allow commercial fishermen targeting deep-water fish, including snappers and groupers, in U.S. Caribbean federal waters to use buoy gear with up to 25 hooks This is consistent with the gear configuration preferred by some commercial fishermen in state waters, while protecting the deep-water reef fish resource and its habitat and minimizing user conflicts.

Formal Federal Register Name/Number: 88 FR 46692, published July 20, 2023

Frequently Asked Questions (FAQs)

Why is NOAA Fisheries prohibiting the recreational use of buoy gear?

● Buoy gear is known as “cala con boya” in Puerto Rico and as “deep-drop buoy gear” in the U.S. Virgin Islands. Buoy gear is currently listed as an authorized gear type for those fishing commercially for reef fish and pelagic species managed by the Caribbean Fishery Management Council. Buoy gear is also listed as an authorized gear type for those fishing commercially and recreationally for species that are not managed by the Caribbean Fishery Management Council in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John, but there is no evidence that the recreational sector operating in U.S. Caribbean federal waters uses or has used buoy gear in federal waters.

● Through Amendment 1 and its final rule, NOAA Fisheries and the Caribbean Fishery Management Council are taking a precautionary approach to prevent any future use of buoy gear by the recreational sector to fish for any species (i.e., managed and non-managed species) in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John. This action aims to

(1) reduce potential competition for fishing grounds between commercial and recreational user groups;

(2) reduce any additional recreational fishing-related pressure on deep-water snapper and grouper resources; and

(3) eliminate potential safety at sea concerns associated with recreational use of buoy gear at the deep-water reef fish fishing grounds.

Why is the definition of buoy gear in the U.S. Caribbean being modified?

● Amendment 1 and the final rule modify the definition of buoy gear in U.S. Caribbean federal waters, increasing the maximum number of hooks allowed between the buoy and the terminal end from 10 to 25 This change will apply to the commercial harvest of both Caribbean Fishery Management Council-managed fisheries and non-managed fisheries and will allow those fishing in federal waters around Puerto Rico, St. Croix, and St. Thomas and St. John to legally use the same gear configuration used by commercial fishermen in state waters.

● The definition for buoy gear as it applies to the Gulf of Mexico and the South Atlantic will not change as a result of this action (50 CFR 622.2 “Buoy gear”).

● The definition for buoy gear as it applies to Atlantic Highly Migratory Species will not change as a result of this action (50 CFR 635.2 “Buoy gear”).

Where can I find more information on Amendment 1?

● 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 FAX: (727) 824-5308

By Phone: (727) 824-5305

● Amendment 1 may be found online at the NOAA Fisheries Southeast Regional Office Web site at: https://www.fisheries.noaa.gov/action/generic-amendment-1-island-based-fisherymanagement-plans-modification-buoy-gear-definition.

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

o Text GULFRECFISH to 888777

● Gulf of Mexico Commercial Fisheries Related Alerts

o Text GULFCOMMFISH to 888777

● South Atlantic Recreational Fisheries Related Alerts

o Text SATLRECFISH to 888777

● South Atlantic Commercial Fisheries Related Alerts

o Text SATLCOMMFISH to 888777

● Caribbean Fisheries Related Alerts

o Text CARIBFISH to 888777

Quick Glance Contact List for 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

Sean Meehan, 727-824-5330

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