Overview
Title
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and St. Thomas and St. John; Correction
Agencies
ELI5 AI
The people in charge of ocean rules made a mistake last time and forgot to include a fish called the "banded rudderfish" in an important fish list. Now, they're fixing it and adding the fish back to the list so they can take care of it properly.
Summary AI
The National Marine Fisheries Service (NMFS), part of the National Oceanic and Atmospheric Administration (NOAA), is issuing a correcting amendment to a previous rule concerning fishery management plans for Puerto Rico, St. Croix, and St. Thomas and St. John. This amendment is fixing an error from a rule published in 2022 that accidentally removed the banded rudderfish from a species list. The correction re-inserts the banded rudderfish into the South Atlantic snapper-grouper species table, ensuring proper management of this fish under the existing fishery management plan. The amendment bypasses the usual 30-day waiting period and public commentary since it's merely correcting an oversight, and the change takes effect on March 31, 2025.
Abstract
NMFS corrects the final rule that implemented management measures described in the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans (collectively, island-based FMPs), which published in the Federal Register on September 13, 2022. Among other measures, the final rule revised species tables in Appendix A to part 622 and inadvertently removed banded rudderfish from the South Atlantic snapper-grouper species table. The purpose of this correcting amendment is to fix this inadvertent error.
Keywords AI
Sources
AnalysisAI
The document issued by the National Marine Fisheries Service (NMFS), under the National Oceanic and Atmospheric Administration (NOAA), represents a crucial administrative correction to fishery management regulations affecting Puerto Rico, St. Croix, and St. Thomas and St. John. This correction addresses an inadvertent error in a 2022 rule, which mistakenly removed the banded rudderfish from the species list in the South Atlantic snapper-grouper management table. By re-inserting the banded rudderfish into this list, the amendment ensures the species continues to receive appropriate management and conservation efforts under the existing fishery management plan.
General Summary
The main objective of this document is to rectify an error from a previous ruling that mistakenly excluded the banded rudderfish from a regulated fish species list. This exclusion could have led to potential gaps in management and conservation for the species. The correction is implemented immediately, circumventing the usual procedures of a 30-day waiting period and public commenting to rapidly restore regulatory consistency and clarity.
Significant Issues and Concerns
A notable concern is the lack of clarity regarding how the initial oversight—removing the banded rudderfish—occurred. Understanding the root cause of such mistakes could be essential in averting similar issues in future amendments. Additionally, while the document justifies skipping the usual notice period and public commentary by claiming it's in the public interest, it lacks detailed evidence or an analytical backup to explain why these steps are unnecessary or burdensome. Furthermore, the document includes references to technical terms and legislative sections, such as the Magnuson-Stevens Act, without adequate context, posing potential comprehension challenges for readers unfamiliar with specific regulatory frameworks.
Impact on the Public
The document's immediate implementation of the correction helps maintain proper management and protection of the banded rudderfish. For the general public, especially those concerned with environmental conservation, this move represents a responsible and corrective action that upholds sustainable fishery practices. By restoring the intended scope of the fishery management plan without delay, the amendment minimizes potential legal ambiguities or ecological repercussions that might arise from the species' exclusion.
Impact on Specific Stakeholders
For stakeholders directly involved in fisheries, such as commercial and recreational fishers and associated industries in the South Atlantic region, this correction ensures continuity and stability in fishery management practices. It eliminates confusion regarding the species managed under the snapper-grouper fishery management unit, facilitating compliance and operational planning. However, the rush to correct the error without public comment might be perceived as sidelining stakeholder voices in regulatory discussions, although it addresses the need for quick administrative action.
Overall, the correcting amendment is an example of regulatory diligence aimed at preserving the integrity of fishery management approaches. It highlights the importance of accuracy and transparency in rule-making processes to foster trust and cooperation between administrative bodies and the public.
Issues
• The document lacks clarification on why the banded rudderfish was accidentally removed in the initial final rule; understanding the reason could prevent future occurrences.
• The rationale for waiving the typical 30-day delay in effective date is not fully explained, although it mentions the waiver as serving the public interest.
• There is no detailed explanation or backup analysis provided for why additional public comment would be unnecessary or contrary to the public interest.
• The document uses some technical terms and references specific sections of the Magnuson-Stevens Act without providing context or explanation for readers who might not be familiar with these terms.
• While the document states compliance with several acts and policies, it does not provide detailed evidence or discussion about how it meets these requirements.