80 FR 15691 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 16
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 57 (March 25, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15691-15692 | |
| FR Document | 2015-06571 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Rules and Regulations] [Pages 15691-15692] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06571] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140903744-5258-02] RIN 0648-BE46 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 16 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues this final rule to implement Amendment 16 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This final rule revises the annual catch limit (ACL) for royal red shrimp, removes the royal red shrimp quota, and revises the accountability measures (AMs) for royal red shrimp to remove an inconsistency in the regulations. The purpose of this rule is to prevent overfishing of the royal red shrimp resource while helping to achieve optimum yield and reconcile conflicting Federal regulations. DATES: This rule is effective April 24, 2015. ADDRESSES: Electronic copies of Amendment 16, which includes an supplemental environmental impact statement, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2014/am16/index.html. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824- 5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: The shrimp fishery in the Gulf is managed under the FMP. The FMP was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). On March 11, 2014, NMFS published a notice of intent to prepare a supplemental environmental impact statement for Amendment 16 and requested public comment (79 FR 13623). NMFS published a notice of availablility for Amendment 16 on December 24, 2014, (79 FR 77425) and published the proposed rule on January 26, 2015, (80 FR 3937) and requested public comment. A summary of the actions implemented by Amendment 16 and this final rule is provided below. On January 30, 2012, NMFS implemented regulations developed through the Generic ACL/AMs Amendment to multiple fishery management plans, including the Shrimp FMP (December 29, 2011, 76 FR 82044). That amendment included actions to establish the commercial ACL and AM for royal red shrimp. However, the ``no action'' alternatives and discussions in the Generic ACL Amendment incorrectly stated that there were currently no catch limits or AMs for royal red shrimp, even though a quota and in-season quota closure were in the regulations. As a consequence, through the Generic ACL Amendment, both a royal red shrimp ACL and AM were added to the regulations, but the existing quota and in-season quota closure provision were not removed. Federal regulations currently include a royal red shrimp ACL of 334,000 lb (151,000 kg), tail weight, and a quota of 392,000 lb (177.8 mt), tail weight. This final rule removes the royal red shrimp quota and updates the ACL to 337,000 lb (152,861 kg), tail weight, which is equal to the acceptable biological catch as recommended by the Council's Scientific and Statistical Committee. Federal regulations also include a royal red shrimp in-season closure if the quota is met or projected to be met, based on in-season monitoring (which functions as an AM), and include an AM that implements in-season monitoring and an ACL closure in the year following any ACL overage. The presence of two AMs in the regulations presents an inconsistency in the management of royal red shrimp. This final rule removes the in-season quota closure associated with the royal red shrimp quota and retains the AM associated with the ACL. [[Page 15692]] Comments and Responses NMFS received one comment on the proposed rule related to analysis in the final supplemental environmental impact statementfrom a Federal agency. That comment is outside the scope of the rule and is addressed in the Record of Decision for Amendment 16. No other comments were received. No changes were made to the final rule based on public comment. Classification The Regional Administrator, Southeast Region, NMFS has determined that this final rule is necessary for the conservation and management of royal red shrimp and is consistent with Amendment 16, the FMP, the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. No comments were received regarding the certification and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis is not required and none was prepared. List of Subjects in 50 CFR Part 622 Accountability measures, Annual catch limits, Fisheries, Fishing, Gulf of Mexico, Royal red shrimp, Shrimp. Dated: March 18, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 0 1. The authority citation for part 622 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. Sec. 622.57 [Removed and Reserved] 0 2. Section 622.57 is removed and reserved. 0 3. In Sec. 622.58, paragraph (a)(1) is revised to read as follows: Sec. 622.58 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). (a) * * * (1) Commercial sector. If commercial landings, as estimated by the SRD, exceed the commercial ACL, then during the following fishing year, if commercial landings reach or are projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal Register to close the commercial sector for the remainder of that fishing year. When the commercial sector is closed, royal red shrimp in or from the Gulf EEZ may not be retained, and the sale or purchase of royal red shrimp taken from the Gulf EEZ is prohibited. This prohibition on sale or purchase during a closure for royal red shrimp does not apply to royal red shrimp that were harvested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. The commercial ACL for royal red shrimp is 337,000 lb (152,861 kg), tail weight. * * * * * [FR Doc. 2015-06571 Filed 3-24-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15691
regulations change will not interfere § 21.45 [Removed and reserved] SUPPLEMENTARY INFORMATION: The
with Tribes’ abilities to manage ■ 4. Remove and reserve § 21.45. shrimp fishery in the Gulf is managed
themselves or their funds or to regulate under the FMP. The FMP was prepared
migratory bird activities on Tribal lands. § 21.53 [Amended] by the Council and implemented
■ 5. Amend § 21.53 by removing the through regulations at 50 CFR part 622
Energy Supply, Distribution, or Use
(Executive Order 13211) fourth sentence of paragraph (c)(2). under the authority of the Magnuson-
Dated: February 2, 2015.
Stevens Fishery Conservation and
This rule will affect only two Management Act (Magnuson-Stevens
depredation orders for migratory birds, Michael J. Bean,
Act).
and will not affect energy supplies, Principal Deputy Assistant Secretary for Fish
On March 11, 2014, NMFS published
distribution, or use. This is not a and Wildlife and Parks.
a notice of intent to prepare a
significant energy action, and no [FR Doc. 2015–06639 Filed 3–24–15; 8:45 am]
supplemental environmental impact
Statement of Energy Effects is required. BILLING CODE 4310–55–P
statement for Amendment 16 and
Compliance With Endangered Species requested public comment (79 FR
Act Requirements 13623). NMFS published a notice of
DEPARTMENT OF COMMERCE availablility for Amendment 16 on
Section 7 of the Endangered Species
December 24, 2014, (79 FR 77425) and
Act (ESA) of 1973, as amended (16 National Oceanic and Atmospheric published the proposed rule on January
U.S.C. 1531 et seq.), requires that ‘‘The Administration 26, 2015, (80 FR 3937) and requested
Secretary [of the Interior] shall review
public comment. A summary of the
other programs administered by him 50 CFR Part 622 actions implemented by Amendment 16
and utilize such programs in
[Docket No. 140903744–5258–02] and this final rule is provided below.
furtherance of the purposes of this
chapter’’ (16 U.S.C. 1536(a)(1)). It RIN 0648–BE46
On January 30, 2012, NMFS
further states that the Secretary must implemented regulations developed
‘‘insure that any action authorized, Fisheries of the Caribbean, Gulf of through the Generic ACL/AMs
funded, or carried out . . . is not likely Mexico, and South Atlantic; Shrimp Amendment to multiple fishery
to jeopardize the continued existence of Fishery of the Gulf of Mexico; management plans, including the
any endangered species or threatened Amendment 16 Shrimp FMP (December 29, 2011, 76 FR
species or result in the destruction or 82044). That amendment included
AGENCY: National Marine Fisheries actions to establish the commercial ACL
adverse modification of [critical] Service (NMFS), National Oceanic and
habitat’’ (16 U.S.C. 1536(a)(2)). The and AM for royal red shrimp. However,
Atmospheric Administration (NOAA), the ‘‘no action’’ alternatives and
regulations change will not affect listed Commerce.
species. discussions in the Generic ACL
ACTION: Final rule. Amendment incorrectly stated that there
List of Subjects in 50 CFR Part 21 were currently no catch limits or AMs
SUMMARY: NMFS issues this final rule to
Exports, Hunting, Imports, Reporting for royal red shrimp, even though a
implement Amendment 16 to the
and recordkeeping requirements, quota and in-season quota closure were
Fishery Management Plan for the
Transportation, Wildlife. in the regulations. As a consequence,
Shrimp Fishery of the Gulf of Mexico
through the Generic ACL Amendment,
Regulation Promulgation (FMP), as prepared and submitted by
both a royal red shrimp ACL and AM
the Gulf of Mexico (Gulf) Fishery
For the reasons described in the were added to the regulations, but the
Management Council (Council). This
preamble, we amend subchapter B of existing quota and in-season quota
final rule revises the annual catch limit
chapter I, title 50 of the Code of Federal closure provision were not removed.
(ACL) for royal red shrimp, removes the
Regulations, as set forth below: Federal regulations currently include
royal red shrimp quota, and revises the
a royal red shrimp ACL of 334,000 lb
PART 21—MIGRATORY BIRD PERMITS accountability measures (AMs) for royal
(151,000 kg), tail weight, and a quota of
red shrimp to remove an inconsistency
392,000 lb (177.8 mt), tail weight. This
■ 1. The authority for part 21 continues in the regulations. The purpose of this
final rule removes the royal red shrimp
to read as follows: rule is to prevent overfishing of the
quota and updates the ACL to 337,000
Authority: 16 U.S.C. 703–712. royal red shrimp resource while helping
lb (152,861 kg), tail weight, which is
to achieve optimum yield and reconcile
■ 2. Amend § 21.41 by revising equal to the acceptable biological catch
conflicting Federal regulations.
paragraph (a) to read as follows: as recommended by the Council’s
DATES: This rule is effective April 24,
Scientific and Statistical Committee.
§ 21.41 Depredation permits. 2015.
Federal regulations also include a
(a) Permit requirement. Except as ADDRESSES: Electronic copies of royal red shrimp in-season closure if the
provided in §§ 21.43, 21.44, and 21.46, Amendment 16, which includes an quota is met or projected to be met,
a depredation permit is required before supplemental environmental impact based on in-season monitoring (which
any person may take, possess, or statement, a Regulatory Flexibility Act functions as an AM), and include an
transport migratory birds for analysis, and a regulatory impact AM that implements in-season
depredation control purposes. No review, may be obtained from the monitoring and an ACL closure in the
asabaliauskas on DSK5VPTVN1PROD with RULES
permit is required merely to scare or Southeast Regional Office Web site at year following any ACL overage. The
herd depredating migratory birds other http://sero.nmfs.noaa.gov/sustainable_ presence of two AMs in the regulations
than endangered or threatened species fisheries/gulf_fisheries/shrimp/2014/ presents an inconsistency in the
or bald or golden eagles. am16/index.html. management of royal red shrimp. This
* * * * * FOR FURTHER INFORMATION CONTACT: final rule removes the in-season quota
Susan Gerhart, telephone: 727–824– closure associated with the royal red
§ 21.42 [Removed and reserved] 5305, or email: Susan.Gerhart@ shrimp quota and retains the AM
■ 3. Remove and reserve § 21.42. noaa.gov. associated with the ACL.
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![15692 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations
Comments and Responses Authority: 16 U.S.C. 1801 et seq. begin on May 15 of each year, instead
NMFS received one comment on the of May 19, to provide additional fishing
§ 622.57 [Removed and Reserved]
proposed rule related to analysis in the opportunities earlier in the year, unless
■ 2. Section 622.57 is removed and otherwise modified by further
final supplemental environmental
reserved. rulemaking.
impact statementfrom a Federal agency.
That comment is outside the scope of ■ 3. In § 622.58, paragraph (a)(1) is DATES: Effective April 24, 2015.
the rule and is addressed in the Record revised to read as follows:
ADDRESSES: Copies of the Supplemental
of Decision for Amendment 16. No other § 622.58 Annual catch limits (ACLs), Information Report and other
comments were received. No changes annual catch targets (ACTs), and supporting documents for this action are
were made to the final rule based on accountability measures (AMs). available from Dr. Christopher M.
public comment. (a) * * * Moore, Executive Director, Mid-Atlantic
Classification (1) Commercial sector. If commercial Fishery Management Council, Suite 201,
landings, as estimated by the SRD, 800 N. State Street, Dover, DE 19901.
The Regional Administrator, exceed the commercial ACL, then These documents are also accessible via
Southeast Region, NMFS has during the following fishing year, if the Internet at: http://
determined that this final rule is commercial landings reach or are www.greateratlantic.fisheries.noaa.gov.
necessary for the conservation and projected to reach the commercial ACL,
management of royal red shrimp and is FOR FURTHER INFORMATION CONTACT:
the AA will file a notification with the Moira Kelly, Fishery Policy Analyst,
consistent with Amendment 16, the Office of the Federal Register to close
FMP, the Magnuson-Stevens Act, and (978) 281–9218.
the commercial sector for the remainder SUPPLEMENTARY INFORMATION:
other applicable law. of that fishing year. When the
This final rule has been determined to General Background
commercial sector is closed, royal red
be not significant for purposes of
shrimp in or from the Gulf EEZ may not The summer flounder, scup, and
Executive Order 12866.
The Magnuson-Stevens Act provides be retained, and the sale or purchase of black sea bass fisheries are managed
the statutory basis for this rule. No royal red shrimp taken from the Gulf cooperatively under the provisions of
duplicative, overlapping, or conflicting EEZ is prohibited. This prohibition on the Summer Flounder, Scup, and Black
Federal rules have been identified. In sale or purchase during a closure for Sea Bass Fishery Management Plan
addition, no new reporting, record- royal red shrimp does not apply to royal (FMP) developed by the Mid-Atlantic
keeping, or other compliance red shrimp that were harvested, landed Fishery Management Council and the
requirements are introduced by this ashore, and sold prior to the effective Atlantic States Marine Fisheries
final rule. date of the closure and were held in Commission, in consultation with the
The Chief Counsel for Regulation of cold storage by a dealer or processor. New England and South Atlantic
the Department of Commerce certified The commercial ACL for royal red Fishery Management Councils. This rule
to the Chief Counsel for Advocacy of the shrimp is 337,000 lb (152,861 kg), tail applies to black sea bass (Centropristis
Small Business Administration during weight. striata) in U.S. waters of the Atlantic
the proposed rule stage that this rule * * * * * Ocean from 35 E. 13.3′ N. lat. (the
would not have a significant economic [FR Doc. 2015–06571 Filed 3–24–15; 8:45 am] latitude of Cape Hatteras Lighthouse,
impact on a substantial number of small BILLING CODE 3510–22–P Buxton, North Carolina) northward to
entities. The factual basis for this the U.S./Canada border.
determination was published in the The FMP is managed jointly by the
proposed rule and is not repeated here. DEPARTMENT OF COMMERCE Council and Commission. States manage
No comments were received regarding black sea bass within 3 nautical miles
the certification and NMFS has not National Oceanic and Atmospheric (4.83 km) of their coasts under the
received any new information that Administration Commission’s plan. The applicable
would affect its determination. As a Federal regulations govern vessels and
result, a final regulatory flexibility 50 CFR Part 648 individual anglers fishing in Federal
analysis is not required and none was [Docket No. 141103917–5223–02]
waters of the exclusive economic zone
prepared. (EEZ), as well as vessels possessing a
RIN 0648–BE60 Federal black sea bass charter/party
List of Subjects in 50 CFR Part 622 vessel permit, regardless of where they
Accountability measures, Annual Magnuson-Stevens Fishery fish. The recreational fishery is
catch limits, Fisheries, Fishing, Gulf of Conservation and Management Act essentially managed using four tools:
Mexico, Royal red shrimp, Shrimp. Provisions; Fisheries of the The recreational harvest limit; the open
Northeastern United States; Black Sea season; minimum fish size; and a
Dated: March 18, 2015. Bass Fishery; Framework Adjustment
Samuel D. Rauch III,
recreational angler bag limit. The
8 recreational harvest limit is established
Deputy Assistant Administrator for
Regulatory Programs, National Marine AGENCY: National Marine Fisheries based on the specifications formula in
Fisheries Service. Service (NMFS), National Oceanic and the FMP. The open season, minimum
Atmospheric Administration (NOAA), fish size, and bag limit are collectively
For the reasons set out in the
Commerce. referred to as the ‘‘recreational
preamble, 50 CFR part 622 is amended
asabaliauskas on DSK5VPTVN1PROD with RULES
ACTION: Final rule. management measures,’’ which are
as follows:
designed to ensure that the recreational
PART 622—FISHERIES OF THE SUMMARY: NMFS is implementing harvest limit is not exceeded. Because of
CARIBBEAN, GULF OF MEXICO, AND regulations consistent with Framework the way we collect recreational fisheries
SOUTH ATLANTIC Adjustment 8 to the Summer Flounder, data along the Atlantic coast,
Scup, and Black Sea Bass Fishery recreational fishing years are divided
■ 1. The authority citation for part 622 Management Plan. This action allows into 2-month waves: Wave 1 (January/
continues to read as follows: the black sea bass recreational fishery to February); Wave 2 (March/April); Wave
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Document Created: 2018-02-21 09:48:57
Document Modified: 2018-02-21 09:48:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective April 24, 2015. | |
| Contact | Susan Gerhart, telephone: 727-824- 5305, or email: [email protected] | |
| FR Citation | 80 FR 15691 | |
| RIN Number | 0648-BE46 | |
| CFR Associated | Accountability Measures; Annual Catch Limits; Fisheries; Fishing; Gulf of Mexico; Royal Red Shrimp and Shrimp |
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