SUPPLEMENTARY INFORMATION:

Rainbow runner is currently managed under the Puerto Rico FMP as a reef fish. The FMP was prepared by the Council and NMFS, approved by the Secretary of Commerce, and implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

The Magnuson-Stevens Act requires that NMFS and the regional fishery management councils prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks to ensure that fishery resources are managed for the greatest overall benefit to the Nation, particularly with respect to providing food production and recreational opportunities and protecting marine ecosystems.

This action is taken under the statutory authority of the Magnuson-Stevens Act section 303(a)(1) as necessary and appropriate for the conservation and management of the fishery to prevent overfishing and to promote the long-term health and stability of the fishery.

On May 21, 2026, NMFS published a notice of availability for Amendment 4 and requested public comment (91 FR 29927). On July 8, 2026, NMFS published a proposed rule for Amendment 4 and requested public comment (91 FR 42158). NMFS approved Amendment 4 on August 19, 2026. The proposed rule and notice of availability for Amendment 4 outline the rationale for the actions contained in this final rule. The management measures described in Amendment 4 and implemented by this final rule are described below.

During development of the Puerto Rico FMP, finfish stocks were classified into three descriptive categories: reef fish, pelagic fish, and rays. At that time, the rainbow runner and two other jack species that were new to Federal management under the Puerto Rico FMP (crevalle jack and African pompano) were classified as reef fish. Under the Puerto Rico FMP, each jack species is managed as an individual stock rather than in a stock complex because of differences in the primary location where they are caught. As described in the Puerto Rico FMP, rainbow runner is commonly caught in open water, while crevalle jack is commonly harvested closer to shore and around mangrove channels, and African pompano is commonly caught off the beach. With the implementation of the Puerto Rico FMP in October 2022, rainbow runner became subject to management measures applicable to reef fish in Federal waters around Puerto Rico. Federal waters around Puerto Rico extend seaward from 9 nautical miles or 16.7 kilometers from shore to the offshore boundary of the U.S. Caribbean exclusive economic zone.

Under the Puerto Rico FMP, regulations that apply to all reef fish, including rainbow runner as originally classified, include anchoring restrictions, prohibited fishing gear types, seasonal closures, and a combined recreational bag and possession limit. Also, as a reef fish species, rainbow runner was subject to commercial and recreational ACLs, a total ACL, and sector-specific AMs.

Unless otherwise noted, all weights in this final rule are described in pounds (lb) round weight. Under the Puerto Rico FMP, commercial and recreational data were available to establish sector-specific ACLs for rainbow runner, which were equal to 10.14 percent for ( printed page 63161) commercial and 89.86 percent for recreational of the total ACL. For rainbow runner, the commercial ACL is 913 lb (414.1 kilograms (kg)), the recreational ACL is 8,091 lb (3,670 kg), and the total ACL is 9,004 lb (4,084.1 kg).

Under the Puerto Rico FMP, at or near the beginning of the fishing year, landings for each stock, stock complex, or indicator stock of reef fish are evaluated relative to the ACL based on a moving multi-year average of landings, as described in the FMP (50 CFR 622.440(a)(4)). When landings for one sector are not available for comparison to that sector's ACL, the ACL for the sector with available landings is the applicable ACL for the stock or stock complex. At this time, recreational landings for rainbow runner are not available; therefore, commercial landings are evaluated relative to the commercial ACL to determine if the AM specified in 50 CFR 622.440(a)(7) applies. If NMFS estimates that available commercial landings for rainbow runner have exceeded the commercial ACL, the Assistant Administrator for NMFS will file a notification with the Office of the Federal Register to reduce the length of the commercial and recreational fishing seasons for rainbow runner within that fishing year by the amount necessary to prevent commercial landings from exceeding the commercial ACL, unless NMFS determines that a reduction is not necessary based on the best scientific information available, or unless the ACL was exceeded because data collection or monitoring improved rather than because landings increased (50 CFR 622.440(a)(7)).

Since implementation of the Puerto Rico FMP in 2022, the status of the rainbow runner stock has not been formally assessed through a stock assessment; as such, the overfished status is unknown. During that time, rainbow runner has been determined to be not undergoing overfishing based on a comparison of landings relative to the overfishing limit proxy.

As described in Amendment 4, no AM-based fishing season reductions for rainbow runner have been applied. In 2024, the most recent commercial landings of rainbow runner (1,177 lb (534 kg) in 2022) exceeded the commercial ACL (913 lb (414.1 kg)) by 264 lb (120 kg). However, the AM was not implemented ( i.e., the lengths of the commercial and recreational fishing seasons were not reduced) because NMFS determined that the commercial ACL was exceeded due to improved data collection and monitoring rather than an increase in landings.

At the April 2023 Council meeting, the Council began to discuss reclassifying rainbow runner as a pelagic fish under the Puerto Rico FMP instead of as a reef fish to better reflect the way the species is fished. Methods and techniques used to harvest rainbow runner are consistent with those used for pelagic fishing in Federal waters around Puerto Rico. Around Puerto Rico, rainbow runner are caught in the water column, while reef fish are usually caught off the bottom. The Council requested its Scientific and Statistical Committee (SSC) to evaluate life history information and landings data available for rainbow runner and provide a recommendation on the classification of rainbow runner. The SSC determined that there was sufficient information to support the reclassification of the species as a pelagic fish and recommended that the Council reclassify rainbow runner as a pelagic fish under the Puerto Rico FMP. At the August 2023 Council meeting, the Council accepted the SSC's recommendation and began developing Amendment 4.

Management Measures Contained in This Final Rule

This final rule reclassifies rainbow runner from a reef fish to a pelagic fish under the Puerto Rico FMP definitions. The reclassification subjects rainbow runner to Federal regulations under the FMP applicable to pelagic fish and excludes the species from Federal regulations applicable to reef fish. The current sector ACLs will not change as a result of the reclassification. This final rule also establishes sector ACTs and subjects rainbow runner to AMs consistent with management of pelagic fish.

Reclassification of Rainbow Runner as a Pelagic Fish

Rainbow runner was initially defined as a reef fish species under the Puerto Rico FMP (50 CFR 622.431). As such, regulations that pertain to managed reef fish have applied to rainbow runner. Reef fish-specific regulations include anchoring restrictions, prohibited fishing gear types, seasonal closures, a combined recreational bag and possession limit, a total ACL ( i.e., combined commercial and recreational ACLs), and sector-specific AMs. This final rule removes rainbow runner from the definition of “reef fish” in table 3 to 50 CFR 622.431 and adds it to the definition of “pelagic fish” in table 1 to 50 CFR 622.431.

As a result of the changes to the definitions, reef fish-specific regulations under the FMP will no longer apply to rainbow runner. Specifically, restrictions designed to protect reef fish populations, including a recreational bag and possession limit (50 CFR 622.444(a)(2)) and a seasonal closure in the Bajo de Sico area off western Puerto Rico (50 CFR 622.439(a)(3)), will not apply to rainbow runner as a pelagic fish.

As described in Amendment 4, rainbow runner behaves as a pelagic species and has been historically targeted by Puerto Rico commercial and recreational fishermen consistent with other pelagic species, although catches are infrequent and variable. Reclassifying rainbow runner as a pelagic fish is not expected to change how the species is currently fished in Federal waters around Puerto Rico or increase the risk of overfishing of the stock. Under the Puerto Rico FMP, crevalle jack and African pompano will continue to be classified and managed as reef fish, which is consistent with their life history characteristics and fishing patterns in Federal waters around Puerto Rico.

Annual Catch Limits and Annual Catch Targets

Reclassifying rainbow runner from a reef fish to a pelagic fish under the Puerto Rico FMP will not change the commercial ACL (913 lb (414 kg)) or the recreational ACL (8,091 lb (3,670 kg)). Rather, the reclassification removes rainbow runner commercial, recreational, and total ACLs from the tables for reef fish under 50 CFR 622.440(a) and adds the commercial and recreational ACLs to 50 CFR 622.440(b) for pelagic fish. The sector allocations of 10.14 percent commercial and 89.86 percent recreational that were established under the Puerto Rico FMP will remain unchanged. Because AMs for pelagic fish do not evaluate landings relative to total ACLs ( i.e., combined commercial and recreational ACLs), the total ACL value of 9,004 lb (4,084.1 kg) for rainbow runner will be removed from regulations.

Additionally, the reclassification as a pelagic fish requires the establishment of sector-specific ACTs as part of the AMs applicable to pelagic fish. Consistent with management of the other pelagic fish under the Puerto Rico FMP, the sector ACTs will be set at 90 percent of their respective sector ACLs.

Managing pelagic species with sector ACTs and ACLs is intended to serve as a precautionary measure to address harvest uncertainty for pelagic species that are new to Federal management. This final rule sets the commercial ACT of rainbow runner at 822 lb (373 kg) and ( printed page 63162) the recreational ACT at 7,282 lb (3,303 kg).

Accountability Measures

This final rule also changes the AM applicable to rainbow runner from the AMs described in 50 CFR 622.440(a)(4)-(7) for reef fish and applies the pelagic fish AM described in 50 CFR 622.440(b)(7). Under the pelagic fish AM, if NMFS estimates that landings have exceeded the applicable ACT for a stock or stock complex, NMFS will determine the appropriate corrective action in consultation with the Council. Unlike a season reduction required by the reef fish AM, the pelagic fish AM provides managers with the flexibility to adapt management responses to an overage based on current fishery information and conditions.

By applying the pelagic AM to rainbow runner, the corrective action includes a consultation process to ensure the long-term sustainability of the resource, rather than an automatic season reduction.

Comments and Responses

NMFS received nine comments during the public comment periods on the notice of availability and proposed rule for Amendment 4, which were submitted by individuals in the general public and fishing organizations.

Six comments were in support of reclassifying rainbow runner from a reef fish to a pelagic fish, and NMFS agrees with those comments. Within this group, one commenter urged NMFS to address broader management considerations, such as expanding stock assessments, reassessing ACT buffers for data-limited species, issuing identification guides, and accounting for climate dynamics. Another supporting commenter recommended explicitly listing the rainbow runner on Puerto Rico catch reporting tools. This same commenter called for a localized electronic monitoring pilot project for pelagic vessels in the Bajo de Sico area to quantify incidental reef fish bycatch, paired with a 3-year review of rainbow runner ACLs based on the resulting data. NMFS appreciates the information provided in these comments. However, because these recommendations are outside the scope of this specific regulatory action, they were not considered by NMFS and the Council in development of Amendment 4. NMFS notes that these recommendations could be considered by the Council in the future as suggestions to improve pelagic fishing monitoring and data collection off Puerto Rico.

Two comments fell outside the scope of the action and are not addressed in this final rule. These included opposition to all fishing on animal welfare grounds and recommendations to prohibit all commercial fishing in favor of alternative proteins and subsistence fishing.

One comment was opposed to the proposed actions specific to Amendment 4 and the proposed rule, which is summarized below, along with NMFS' response.

Comment 1: The rainbow runner should not be reclassified as a pelagic fish because the reclassification removes vital reef protections without scientific justification or meaningful local stakeholder consultation.

Response: NMFS disagrees that rainbow runner should not be reclassified as a pelagic species under the Puerto Rico FMP or that the reclassification removes vital protections without scientific justification or meaningful stakeholder consultation. This action directly responds to requests from Puerto Rican fishermen to increase fishing opportunities and is necessary to ensure the species is categorized accurately based on its life history and harvest characteristics. As discussed in Amendment 4, rainbow runner behaves as a pelagic species and has historically been targeted by Puerto Rico commercial and recreational fishermen in a manner consistent with other pelagic species, although catches remain infrequent and variable. In Federal waters off Puerto Rico, rainbow runner are caught in the water column using pelagic gear and methods, whereas reef fish species are targeted and caught off the bottom. Reclassifying rainbow runner as a pelagic fish aligns management with the biological traits of the stock and the operational realities of the fishery, and is not expected to change how the species is currently fished or increase the risk of overfishing the stock. Because pelagic fishing already occurs during the seasonal closure in the Bajo de Sico managed area, incorporating rainbow runner into the pelagic complex is not anticipated to increase overall pelagic fishing effort. The commercial and recreational harvest of rainbow runner will continue to be managed and monitored with ACLs and the newly established ACTs.

While specific reef fish regulations will no longer apply for rainbow runner, existing habitat protections will remain intact. For example, this rule does not alter year-round anchoring restrictions in the Bajo de Sico managed area, nor does it authorize gear types not previously evaluated and approved for harvesting pelagic species in Federal waters off Puerto Rico.

Furthermore, the action is based on scientific evaluation and robust procedural consultation. As discussed in Amendment 4, the Council directed its SSC to evaluate available life history information and landings data for rainbow runner. Following its review, the SSC determined that sufficient information existed to support the reclassification and recommended the change. Subsequently, NMFS certified that the actions in Amendment 4 are based on the best scientific information available. Stakeholder input was solicited and received during open Council meetings and through the Federal notice and comment rulemaking process.

NMFS has not made any changes from the proposed rule to this final rule based on public comment.

Classification

Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with Amendment 4 to the Puerto Rico FMP, other provisions of the Magnuson-Stevens Act, and other applicable law.

This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule is expected to be an Executive Order 14192 deregulatory action.

NMFS has determined that this action would not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes; therefore, consultation with Tribal officials under Executive Order 13175 is not required, and the requirements of section (5)(b) and (c) of Executive Order 13175 also do not apply. A Tribal summary impact statement under section (5)(b)(2)(B) and (c)(2) of Executive Order 13175 is not required and has not been prepared.

The Magnuson-Stevens Act provides the statutory basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. A description of this final rule, why it is being implemented, and the purpose of this final rule are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.

This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995.

The Senior Lead Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business ( printed page 63163) Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a final regulatory flexibility analysis was not required and none was prepared.

Pursuant to 5 U.S.C. 553(d)(1), the 30-day delay to the effective date of this rule does not apply because this rule relieves a restriction. Reclassifying rainbow runner from a reef fish to a pelagic fish under the Puerto Rico FMP removes reef fish-specific restrictions, including aggregate recreational bag and possession limits, anchoring prohibitions, and seasonal closures. Commercial and recreational fishermen will now be permitted to harvest rainbow runner year-round in Federal waters of the Bajo de Sico area in western Puerto Rico, including during the previously prohibited period of October 1 through March 31. If there was a 30-day delay in effective date for this rule, fishery participants would remain restricted from fishing for rainbow runner in the Bajo de Sico area after October 1 and would remain subject to the restrictions and prohibitions in place for reef fish under the Puerto Rico FMP.

This final rule provides greater management flexibility and expands fishing opportunities for the harvest of rainbow runner from a reef fish to a pelagic species under the Puerto Rico FMP. Therefore, pursuant to 5 U.S.C. 553(d)(1), the 30-day delay in effective date requirement does not apply to this rule.

Authority: 16 U.S.C. 1801 et seq.

For the reasons set out in the preamble, NMFS amends 50 CFR part 622 as follows: