80_FR_42560 80 FR 42423 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8

80 FR 42423 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42423-42433
FR Document2015-17617

NMFS issues this final rule to implement Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (FMP) (Amendment 8), as prepared by the South Atlantic Fishery Management Council (Council). This final rule expands portions of the northern and western boundaries of the Oculina Bank Habitat Area of Particular Concern (HAPC) (Oculina Bank HAPC) and allows transit through the Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modifies vessel monitoring system (VMS) requirements for rock shrimp fishermen transiting through the Oculina Bank HAPC with rock shrimp on aboard; expands a portion of the western boundary of the Stetson Reefs, Savannah and East Florida Lithoherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson- Miami Terrace CHAPC), including modifications to the shrimp access area A, which is renamed ``shrimp access area 1''; and expands a portion of the northern boundary of the Cape Lookout Lophelia Banks Deepwater CHAPC (Cape Lookout CHAPC). In addition, this rule makes a minor administrative change to the names of the shrimp fishery access areas. The purpose of this rule is to increase protections for deepwater coral based on new information for deepwater coral resources in the South Atlantic.

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Rules and Regulations]
[Pages 42423-42433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17617]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140214145-5582-02]
RIN 0648-BD81


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region; Amendment 8

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 8 to the 
Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom 
Habitats of the South Atlantic Region (FMP) (Amendment 8), as prepared 
by the South Atlantic Fishery Management Council (Council). This final 
rule expands portions of the northern and western boundaries of the 
Oculina Bank Habitat Area of Particular Concern (HAPC) (Oculina Bank 
HAPC) and allows transit through the Oculina Bank HAPC by fishing 
vessels with rock shrimp onboard; modifies vessel monitoring system 
(VMS) requirements for rock shrimp fishermen transiting through the 
Oculina Bank HAPC with rock shrimp on aboard; expands a portion of the 
western boundary of the Stetson Reefs, Savannah and East Florida 
Lithoherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson-
Miami Terrace CHAPC), including modifications to the shrimp access area 
A, which is renamed ``shrimp access area 1''; and expands a portion of 
the northern boundary of the Cape Lookout Lophelia Banks Deepwater 
CHAPC (Cape Lookout CHAPC). In addition, this rule makes a minor 
administrative change to the names of the shrimp fishery access areas. 
The purpose of this rule is to increase protections for deepwater coral 
based on new information for deepwater coral resources in the South 
Atlantic.

DATES: This rule is effective August 17, 2015.

ADDRESSES: Electronic copies of Amendment 8, which includes an 
environmental assessment and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/coral/index.html.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this final rule 
may be submitted in writing to Anik Clemens, Southeast Regional Office, 
NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and OMB, by 
email at OIRA [email protected], or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, 
telephone: 727-824-5305.

SUPPLEMENTARY INFORMATION: South Atlantic coral is managed under the 
FMP. The FMP is implemented under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) by 
regulations at 50 CFR part 622.
    On May 20, 2014, NMFS published a notice of availability for 
Amendment 8 and requested public comment (79 FR 28880). On July 3, 
2014, NMFS published a proposed rule for Amendment 8 and requested 
public comment (79 FR 31907). Subsequently, NMFS published a correction 
to the notice of availability (79 FR 37269, July 1, 2014) and the 
proposed rule (79 FR 37270, July 1, 2014) to correct an error in the 
size of the Oculina Bank HAPC. The proposed rule and NOA stated that 
the size of the Oculina Bank HAPC would expand ``by 405.42 square miles 
(1,050 square km), for a total area of 694.42 square miles (1,798.5 
square km) . . .'' However, this was incorrect. The published 
corrections explained that the increase in size of the Oculina Bank 
HAPC would be 343.42 square miles (889.5 square km), for a total area 
of 632.42 square miles (1,638 square km). The Secretary approved the 
amendment on August 18, 2014. The proposed rule and Amendment 8 set 
forth the rationale for the actions contained in this final rule. A 
summary of the actions implemented by this final rule is provided 
below.

Management Measures Contained in This Final Rule

    This final rule expands the boundaries of the Oculina Bank HAPC and 
allows transit through the Oculina Bank HAPC by fishing vessels with 
rock shrimp onboard; modifies the VMS

[[Page 42424]]

requirements for rock shrimp fishermen transiting the Oculina Bank 
HAPC; expands the boundaries of the Stetson-Miami Terrace CHAPC, the 
adjacent shrimp fishery access area, and the Cape Lookout CHAPC; and 
makes a minor administrative change to the names of the shrimp fishery 
access areas. The purpose of these measures is to provide better 
protection for deepwater coral ecosystems.

Expansion of Oculina Bank HAPC

    This final rule increases the size of the Oculina Bank HAPC by 
343.42 square miles (889.5 square km), for a total area of 632.42 
square miles (1,638 square km) and, except for a limited transit 
provision described below, extends the current prohibitions to the 
larger area, and increases protection of coral. The prohibitions for 
the Oculina Bank include the following: It is unlawful to use a bottom 
longline, bottom trawl, dredge, pot or trap, and if aboard a fishing 
vessel it is unlawful to anchor, use an anchor and chain, or use a 
grapple and chain. Additionally, it is unlawful to fish for or possess 
rock shrimp in or from the Oculina Bank HAPC on board a fishing vessel.

Transit Provision With Rock Shrimp on Board Through Oculina Bank HAPC

    This final rule establishes a transit provision to allow fishing 
vessels with rock shrimp onboard to transit the Oculina Bank HAPC under 
limited circumstances. To be considered to be in transit and thus 
allowed to possess rock shrimp on board a vessel in the Oculina Bank 
HAPC, a vessel must have a valid commercial permit for rock shrimp, the 
vessel's gear must be appropriately stowed (i.e., doors and nets are 
required to be out of water and onboard the deck or below the deck of 
the vessel), and the vessel must maintain a direct and non-stop 
continuous course through the HAPC at a minimum speed of 5 knots, as 
determined by an operating VMS approved for the South Atlantic rock 
shrimp fishery onboard the vessel. In addition, this rule modifies the 
VMS requirements to require all vessels with rock shrimp onboard that 
choose to transit the Oculina Bank HAPC to have a VMS unit that 
registers a VMS ping (signal) rate of 1 ping per 5 minutes. As 
discussed in the proposed rule, not all VMS units used on the vessels 
in the rock shrimp fishery were expected to be able to meet the ping 
rate requirement. As a result, some vessels were expected to have to 
reconfigure or upgrade their unit, or purchase a new unit, in order to 
be able to transit the Oculina Bank HAPC within this exception. 
However, since publication of the proposed rule, NMFS has determined 
that all vessels have VMS units that are capable of registering a VMS 
ping (signal) rate of 1 ping per 5 minutes, however, they will incur 
higher communication costs for this ping rate if they choose to transit 
the Oculina Bank HAPC with rock shrimp onboard. These communication 
costs will be offset by not incurring the costs associated with having 
to transit around the HAPC to get to or from the fishing grounds. This 
transit provision allows rock shrimp fishermen with rock shrimp onboard 
their vessels to travel to and from additional rock shrimp fishing 
grounds in less time using less fuel than if the fishermen are required 
to travel around the Oculina Bank HAPC.

Expansion of the Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC

    This final rule increases the size of the Stetson-Miami Terrace 
CHAPC by 490 square miles (1,269 square km), for a total area of 24,018 
square miles (62,206 square km), and increases the size of the Cape 
Lookout CHAPC by 10 square miles (26 square km), for a total area of 
326 square miles (844 square km), and extends the current CHAPC gear 
prohibitions to the larger areas to increase protection of deepwater 
coral ecosystems. The prohibitions for the CHAPCs include the 
following: It is unlawful to use a bottom longline, trawl (mid-water or 
bottom), dredge, pot or trap, and if aboard a fishing vessel, it is 
unlawful to anchor, use an anchor and chain, or use a grapple and 
chain. Additionally, it is unlawful to fish for or possess coral in or 
from the CHAPCs on board a fishing vessel.
    Additionally, the expansion of the Stetson-Miami Terrace CHAPC 
provides royal red shrimp fishermen a new zone adjacent to the existing 
shrimp access area A (renamed ``shrimp access area 1'', as discussed in 
the next section of this preamble) within which they can haul-back 
fishing gear without drifting into an area where their gear is 
prohibited. Thus, this rule expands the shrimp fishery access area to 
include the new haul-back zone.

Other Changes to Regulatory Text

    This rule also revises the names of the shrimp fishery access 
areas, from ``shrimp access area A-D'' to ``shrimp access area 1-4'', 
in the regulations implemented through the Comprehensive Ecosystem-
Based Amendment 1 (75 FR 35330, June 22, 2010) to more closely match 
the names in the FMP. This final rule also revises 50 CFR 
622.224(c)(3)(i)-(iv), to change the four shrimp fishery access areas 
titles.

Comments and Responses

    NMFS received a total of 35 comment letters on Amendment 8 and the 
proposed rule, which include letters from a Federal agency, an 
environmental organization, private citizens, recreational fishermen, 
commercial fishermen, and fishing associations. Five letters expressed 
support for the amendment and three letters were unrelated to the 
actions in Amendment 8. One comment letter was signed by 257 members of 
the rock shrimp fishing industry and opposed the implementation of the 
amendment. The specific comments on the actions contained in Amendment 
8 and the proposed rule and NMFS's respective responses, are summarized 
below.
    Comment 1: Amendment 8 is not based upon the best scientific 
information available because the analysis to determine the location of 
fishing and the socio-economic impacts of proposed extensions to the 
HAPCs was based on VMS data. The assumption that each VMS point should 
be given equal value is incorrect. Amendment 8 should have included 
trawl track data generated from WinPlot\TM\ software matched up to trip 
ticket information from the state of Florida. Trawl track data, instead 
of VMS data, may be more easily correlated with trip ticket information 
to determine location and value of catches.
    Response: NMFS disagrees that Amendment 8 was not based on the best 
scientific information available. NMFS requires a VMS onboard each rock 
shrimp fishing vessel to determine where the fishing vessel is fishing 
and provides this information through VMS generated trawl track data. 
NMFS does not require trawl track data generated by WinPlot\TM\ or any 
other proprietary tracking or monitoring system. Thus, VMS data were 
used in Amendment 8 to determine location of fishing effort and 
economic impacts, and NMFS has determined that Amendment 8 used the 
best scientific information available.
    WinPlot\TM\ is charting software used by some fishermen in the rock 
shrimp fishery in addition to the required VMS. It is unknown if all 
rock shrimp fishermen are using Winplot\TM\ software or if they all are 
recording the same information for each trawl or trip. Trawl track 
information from WinPlot\TM\ represents self-reported data for which 
there are no standardized data elements, and there would be limited 
utility of trying to use WinPlot\TM\ trawl track data for socio-
economic analysis. Instead, the data from the required VMS units were 
used to determine the socio-economic impacts. The analysis considered 
the

[[Page 42425]]

percentage of VMS points on average that occur in the area that would 
become closed to rock shrimp fishing. Rock shrimp landings information 
cannot be associated to each VMS data point. As a result, any 
assessment of the expected effects of the Oculina Bank HAPC expansion 
requires an assumption of how harvest is expected to be distributed 
over the area encompassed by the expansion. NMFS has determined that 
the assumption that the harvest of rock shrimp occurs uniformly across 
each VMS data point is reasonable.
    Comment 2: The rock shrimp industry (vessels, restaurants, 
processors, fish houses, fuel companies, freight companies, crews, dock 
workers, etc.) will suffer significant economic impacts if the northern 
expansion of the Oculina Bank HAPC in Amendment 8 is implemented.
    Response: The northern expansion of the Oculina Bank HAPC may have 
adverse economic effects on some individual businesses associated with 
the rock shrimp industry; however, NMFS disagrees that the industry 
will suffer significant economic impacts due to the variable nature of 
rock shrimp harvest. The average annual revenue from rock shrimp 
harvest over the period 2007-2012 was $1.92 million (2012 dollars), but 
ranged from a low of approximately $442,000 in 2007 to a high of 
approximately $3.89 million in 2008. In 2012, the most recent year for 
which final data were available at the time of completion of Amendment 
8, the rock shrimp revenue was approximately $501,000. Thus, the 
economic performance of the industry is quite variable and the 
associated businesses, on average, would be expected to be economically 
flexible by necessity. For rock shrimp harvesters, this flexibility is 
demonstrated by the fact that, on average, the majority of annual 
fishing revenue comes from other species. Over the period 2009, 2010, 
and 2011, rock shrimp accounted for 27 percent, 22 percent, and 13 
percent of the average total fishing revenue per vessel in each year, 
respectively. Comparable data for more recent years are not available. 
For rock shrimp harvesters, penaeid shrimp harvested in the South 
Atlantic was the highest revenue species in each year, ranging from 43 
percent in 2011 to 63 percent in 2009. Additionally, although there are 
an estimated 104 vessels permitted to harvest rock shrimp, the number 
of vessels that actually harvest rock shrimp in the South Atlantic is 
substantially less. During 2009, 2010, and 2011, only 31, 19, and 18 
vessels harvested rock shrimp in the South Atlantic in these years, 
respectively, and the production results provided above reflect the 
estimated average performance of these vessels. These results 
demonstrate, on average, that although the revenue from rock shrimp 
comprises a substantial portion of total annual revenue, rock shrimp 
fishermen are more dependent on other species.
    In addition to analyzing the relative importance of rock shrimp 
revenue within the total fishing revenue, the significance of any 
economic effects will be determined by the expected reduction in rock 
shrimp harvest. It is not possible to determine with certainty the 
reduction in rock shrimp harvest that may occur as a result of the 
proposed expansion of the Oculina Bank HAPC because available data does 
not allow for the tabulation of rock shrimp harvest per tow, and the 
harvest area is recorded by statistical grid (60 nautical miles 
squared). Additionally, the distribution and abundance of rock shrimp 
in any area is highly variable from year to year. Although anecdotal 
information made available through public comment may suggest higher 
rock shrimp yields in the northern expansion of the Oculina Bank HAPC 
in 2013, sufficient information is not available to conclude this 
higher abundance of rock shrimp will persist or that it is more 
representative of future conditions than the historic average. Further, 
it has not been shown that the northern expansion of the Oculina Bank 
HAPC is the source of substantial rock shrimp harvest in years when 
total rock shrimp harvests have been high. In the absence of harvest 
data per tow, the assessment of the expected reduction in rock shrimp 
harvest was based on the assumption that rock shrimp harvest is 
uniformly distributed over the statistical grid and, thus, the 
reduction in harvest as a result of the northern expansion of the 
Oculina Bank HAPC would be proportionate to the amount of area in the 
expansion relative to the area in the total statistical grid within 
which harvest is reported. Although this assumption may not capture the 
actual harvest that has occurred in the expansion area, or the 
potential higher productivity that may occasionally occur in future 
years, NMFS has determined this assumption is reasonable.
    Comment 3: Does the analysis use all of the existing 678 commercial 
vessel permits for South Atlantic snapper-grouper, or only the vessel 
logbooks home ported nearest the Amendment 8 proposed expansions of the 
Oculina Bank HAPC areas from Fort Pierce north to St. Augustine, 
Florida, or only the logbooks of the vessels that indicated they fished 
in that area with landings as a metric of socio-economic impact in this 
analysis? The minimal impact description to the commercial snapper-
grouper fleet contained in Amendment 8 is incorrect.
    Response: The assessment of the socio-economic effects of the 
expansion of the Oculina Bank HAPC was based on the expected average 
harvest of snapper-grouper species in the area of the expansion over 
the period 2009-2011, as recorded in all logbooks regardless of where 
the respective vessels were home-ported. Because harvest is recorded by 
statistical grid (60 nautical miles squared) and is not available at 
finer geographic resolution, the expected reduction in snapper-grouper 
harvest was based on the assumption that snapper-grouper harvest is 
uniformly distributed over the area in the statistical grid and, thus, 
the reduction in harvest as a result of the northern expansion of the 
Oculina Bank HAPC would be proportionate to the amount of area in the 
expansion relative to the area in the total statistical grid within 
which harvest is reported. Although this assumption may not capture the 
actual harvest that has occurred in the proposed expansion area, NMFS 
has determined this assumption is reasonable.
    Comment 4: The $189,464 average annual revenue loss estimate for 
the proposed northern and western extension to the Oculina Bank HAPC is 
too low. Rock shrimp abundance and distribution is extremely variable, 
and only recent information, rather than an average, should be used in 
the economic analysis. The estimated value of the catches in the area 
was approximately $1,000,000 for a subset of 6 vessels over a 3-week 
period in September 2013, which substantially transcends the average 
annual revenue loss of $189,464 for all vessels in the entire fishery 
over the entire fishing year, as set forth in Amendment 8.
    Response: NMFS disagrees that the average annual revenue loss 
estimate for the proposed northern and western extension to the Oculina 
Bank HAPC is too low. Because rock shrimp are so variable over time and 
space, it is not appropriate to use only the most recent anecdotal 
information to determine the socio-economic effects of the proposed 
action. The Council approved Amendment 8 for review by the Secretary of 
Commerce at its September 2013 meeting. On November 6, 2013, the 
Council was informed in a letter about high landings of rock shrimp in 
the proposed northern extension of the Oculina Bank HAPC. Although 
anecdotal information made available

[[Page 42426]]

through public comment may suggest higher rock shrimp yields in the 
northern extension of the Oculina Bank HAPC in 2013, sufficient 
information is not available for NMFS to conclude a higher abundance 
will persist and is more representative of future conditions than the 
historic average as previously discussed.
    Comment 5: Amendment 8 is in violation of the National 
Environmental Policy Act (NEPA) because Action 1 did not consider a 
reasonable range of alternatives. Alternatives 2 and 3 are completely 
distinct from each other and modify different boundaries of the HAPC, 
thus Alternative 3 should be a separate action. Also, Alternative 2 had 
two sub-alternatives and Alternative 3 did not have any. Furthermore, 
the Purpose and Need section of Amendment 8 is focused on protection of 
deepwater coral and does not include any reference to minimizing, to 
the extent practicable, adverse economic impacts on the rock shrimp 
fishery.
    Response: NMFS disagrees that Amendment 8 is in violation of NEPA. 
While Alternatives 2 and 3 under Action 1 consider modifications to the 
northern and western boundaries of the Oculina Bank HAPC, respectively, 
they fall within the scope of the action which is to ``Expand 
Boundaries of the Oculina Bank HAPC.'' Further, NEPA does not require 
that the Purpose and Need include a reference to minimizing economic 
impacts. According to NEPA, biological, economic, social and 
administrative impacts of the proposed actions should be analyzed and 
considered. These analyses in Amendment 8 used the best scientific 
information available and are included in Chapter 4 of the amendment, 
and were considered by the Council. The Council's adoption of a 
recommendation by their Deepwater Shrimp Advisory Panel for 
modification of the northern extension of the Oculina Bank HAPC, 
reduced fishery impacts where traditional fishing activity occurs. NMFS 
has determined that Amendment 8 and its implementing final rule will be 
effective in increasing the protection of deepwater coral while 
minimizing, to the extent practicable, adverse socio-economic impacts, 
as required by National Standard 8 of the Magnuson-Stevens Act.
    Comment 6: The actions in the proposed rule indicate the Council 
and NMFS may have a misunderstanding of how a shrimp trawl works. The 
type of trawl used to catch rock shrimp is not designed to work in hard 
rocky bottom.
    Response: A description of the rock shrimp fishing practices, 
vessels involved, and gear used can be found in Section 3 of Amendment 
8. It was discussed at the November 2012 Habitat Advisory Panel and the 
December 2012 Council meetings that rock shrimp fishermen do not trawl 
on coral or hard-bottom coral habitat, but instead target rock shrimp 
on their preferred soft-bottom habitat where coral is not present.
    Comment 7: The minutes from the October 2012 Joint Deepwater Shrimp 
and Coral Advisory Panels meeting were lost. At that meeting, an 
agreement was made between a scientist, a member of Council staff, and 
the chair of the Deepwater Shrimp Advisory Panel to develop a new 
alternative for the northern Oculina Bank HAPC extension for 
consideration by the Council. Because the minutes from the meeting were 
lost, there is no documentation of this agreement. An alternative for 
the northern Oculina Bank HAPC extension alternative was later 
developed without the input of the Deepwater Shrimp Advisory Panel 
Chair. Several hours were spent at the October 2012 meeting 
demonstrating and educating the Coral Advisory Panel about rock 
shrimping, the equipment used, and the process involved. The Coral 
Advisory Panel agreed with the Deepwater Shrimp Advisory Panel that 
rock shrimp trawls were not harming coral or coral habitats.
    Response: The Coral and Deepwater Shrimp Advisory Panels met in 
Cape Canaveral, Florida, on October 18, 2012, and the Chair of the 
Deepwater Shrimp Advisory Panel presented an overview of the rock 
shrimp fishery. The verbatim minutes of that joint meeting were 
partially compromised and are incomplete because the afternoon session 
of the joint advisory panel meeting was not recorded and transcribed, 
due to an inadvertent, technical error. A new alternative for the 
northern Oculina Bank HAPC extension, developed by a Council staff 
member and a scientist following the October 2012 Joint Coral and 
Deepwater Shrimp Advisory Panel Meeting, was brought to the Council at 
their December 2012 meeting, and the Council added this new alternative 
to Amendment 8 at that meeting. The Chair of the Deepwater Shrimp 
Advisory Panel also attended the December 2012 Council meeting, and he 
indicated that some slight adjustments to the new alternative might be 
needed. During its May 2013 meeting, the Deepwater Shrimp Advisory 
Panel discussed the new alternative, and made a recommendation to 
further modify the boundaries to reduce fishery impacts in the area 
where traditional fishing activity occurs. Recognizing that rock 
shrimpers do not trawl on coral or hard-bottom habitat, the Council, at 
its June 2013 meeting, adopted the Deepwater Shrimp Advisory Panel's 
recommendation for the modified northern Oculina Bank HAPC extension 
alternative, and chose that alternative as its preferred alternative.
    Comment 8: The public was not properly notified that a new and 
significant revision to the proposed closed area under Action 1, 
Alternative 2 would be discussed and considered by the Habitat Advisory 
Panel during its November 2012 meeting. Failure to provide timely 
notice of this new matter on the agenda for the Habitat Advisory Panel 
meeting made it difficult for the Chair of the Deepwater Shrimp 
Advisory Panel and members of the Habitat Advisory Panel to assist in 
the collection and evaluation of information relevant to the 
development of the new alternative.
    Response: The Habitat and Environmental Protection Advisory Panel 
Meeting was announced in the Federal Register on October 29, 2012 (77 
FR 65536). The announcement stated ``Topics to be addressed at the 
meeting include: A member workshop on developing the South Atlantic 
Habitat and Ecosystem Atlas and Digital Dashboard, including the new 
online Ecospecies System; species research and habitat mapping 
associated with deepwater marine protected areas; deepwater habitat 
complexes associated with Coral Habitat Areas of Particular Concern 
(CHAPC) extension proposals; a review of a draft Memorandum of 
Understanding (MOU) between Atlantic Councils on deepwater coral 
ecosystem conservation; a review of other regional partner activities 
supporting the regional move to ecosystem-based management; and 
consideration of updates to essential fish habitat policy statements as 
needed.'' Specific alternatives for actions in amendments are not 
usually contained in agendas for Advisory Panel meetings in Federal 
Register notices. However, a discussion of the actions and alternatives 
in Amendment 8 fits within the scope of the agenda and topics announced 
for discussion at the Habitat Advisory Panel meeting. Thus, the public 
was properly notified about the Habitat Advisory Panel Meeting in 
accordance with section 302(i)(2)(C) of the Magnuson-Stevens Act, and 
an additional Federal Register notice was not necessary.
    Comment 9: Amendment 8 is not consistent with section 3.2.7 of the 
Council's Statement of Organization, Practices, and Procedures (SOPPs) 
because the Deepwater Shrimp Advisory Panel Chairman was denied the 
opportunity to make a presentation

[[Page 42427]]

of the issues to be discussed at the November 2012 meeting of the 
Habitat Advisory Panel, including a new alternative for the northern 
Oculina Bank HAPC extension for consideration by the Council. This 
presentation could have been accommodated, at a minimum, during a 
public comment period during the advisory panel meeting.
    Response: Section 3.2.7 of the Council's SOPPs states: ``Public 
testimony will be allowed at Council meetings on all agenda items 
before the Council for final action and at advisory panel (AP) and 
Scientific and Statistical Committee (SSC) meetings on all agenda 
items. If the agenda does not schedule a time for public testimony, the 
chairperson or presiding officer shall schedule testimony at an 
appropriate time during the meeting that is consistent with the orderly 
conduct of business.'' Although the Chair of the Deepwater Shrimp 
Advisory Panel was not provided the opportunity to make a presentation 
at the Habitat and Environmental Protection Advisory Panel Meeting, 
that Chair did provide public testimony on issues related to the 
northern extension of the Oculina Bank HAPC at the Habitat and 
Environmental Protection Advisory Panel Meeting in accordance with the 
Council's SOPPs, and with section 302(i)(2)(D) of the Magnuson-Stevens 
Act.
    Comment 10: The SSC did not provide the Council any meaningful 
scientific advice on the social or economic impacts of the proposed 
management measures contained in Amendment 8. The SSC was not provided 
with timely or complete VMS data and other necessary data on the 
fishery and the proposed management measures.
    Response: The SSC reviewed and discussed Amendment 8 at its April 
2013 meeting. A report from that meeting states ``By consensus the 
Committee agreed that the proposed actions that modify the CHAPCs 
succeed in addressing the Purpose and Need of Amendment 8 and, 
therefore, actions in Amendment 8 are warranted to protect coral in 
these areas.''
    Comment 11: The rock shrimp industry requested that a transit 
implementation plan be put in place before the proposed northern 
extension area of the Oculina Bank HAPC is effective, in order to test 
the transit provision. A serious safety issue will be created for 
shrimpers working offshore of a closed area that extends from Ft. 
Pierce to St. Augustine without the ability to transit the area.
    Response: The Council and NMFS determined that the expansion of the 
Oculina Bank HAPC and the establishment of a transit provision needed 
to be implemented simultaneously. As a result, the final rule will 
establish a provision to allow fishing vessels with rock shrimp onboard 
to transit the Oculina Bank HAPC. The expansion of the Oculina Bank 
HAPC and the transit provision will be effective 30 days after the 
final rule publishes.
    Comment 12: The Council did not consider any other methods to 
protect deepwater coral habitat in Amendment 8 except to expand the 
HAPCs.
    Response: The Council has protected deepwater coral ecosystems 
through fishing gear restrictions in HAPCs. The Oculina Bank HAPC was 
implemented in 1984, and the Stetson-Miami Terrace Coral HAPC and the 
Cape Lookout Coral HAPC were included in the Coral HAPCs that were 
implemented in 2010. Within the existing HAPCs, the use of bottom 
longline, bottom trawl, dredge, pot, or trap, as well as the use of an 
anchor, anchor and chain, or grapple and chain is prohibited if on 
board a fishing vessel. Within the Coral HAPCs, the use of a mid-water 
trawl is also prohibited. Fishing for or possessing rock shrimp or 
Oculina coral is prohibited within the Oculina Bank HAPC (this rule 
will allow transit through the Oculina Bank HAPC for rock shrimp 
fishermen with rock shrimp onboard their vessel), and fishing for or 
possessing coral is prohibited on board a fishing vessel in the Coral 
HAPCs. Recent scientific explorations have identified areas of high 
relief features and hard bottom habitat outside the boundaries of the 
existing Oculina Bank HAPC and Coral HAPCs. Deepwater coral are 
extremely fragile and slow growing, and any method to protect deepwater 
coral must involve restrictions on gear that may impact coral. The 
Council recommended expansion of existing HAPCs to provide protection 
to the newly discovered areas of deepwater coral. Other options such as 
a prohibition to all fishing could have been considered; however, the 
Council determined that prohibiting the use of gear that may impact 
coral through the expansion of HAPCs was the most appropriate method 
for protecting deepwater coral, while minimizing, to the extent 
practicable, negative socio-economic impacts.
    Comment 13: Research dives found only two instances of deepwater 
coral, yet Amendment 8 proposes to close 267 square miles of historical 
trawling grounds in the northern extension of Oculina Bank HAPC. The 
Oculina Bank HAPC should not be expanded westward as there is no 
Oculina coral in that area. The new information does not justify such a 
large closure. The Oculina Bank HAPC is sufficiently large to protect 
deepwater coral ecosystems.
    Response: In October 2011, a presentation was provided to the 
Council's Coral Advisory Panel on two new areas of high-relief Oculina 
coral mounds and hard bottom habitats that had been discovered north 
and west of the current boundaries of the Oculina Bank HAPC. The 
locations of these sites were originally identified from NOAA regional 
bathymetric charts and later verified with multibeam sonar, a remotely 
operated vehicle (ROV) and submersible video surveys. The sonar maps 
and ROV dives confirmed that the high-relief features of the NOAA 
regional charts were high-relief Oculina coral mounds. Based on 
bathymetric charts, it is estimated that over 100 mounds exist in this 
area. Other observations include gentle slopes covered with coral 
rubble, standing dead coral, and sparse live Oculina coral colonies. 
Exposed hard bottom with 1 to 2 meter relief ledges was observed at the 
base of some mounds. Between the mounds and west of the main reef 
track, the substrate is mostly soft sediment but patchy rock pavement 
habitat and coral rubble are also present. Multibeam sonar maps made in 
2002 and 2005 revealed numerous high-relief coral mounds and hard 
bottom habitat that are west of the western Oculina Bank HAPC boundary. 
A few of these mounds are comprised mostly of coral rubble, with live 
and standing dead Oculina. During its 2011 October meeting, the Coral 
Advisory Panel recommended the Council revisit the boundaries of the 
Oculina Bank HAPC, Stetson-Miami Terrace Coral HAPC, and the Cape 
Lookout Coral HAPC to incorporate these areas of additional deepwater 
coral habitat that were previously uncharacterized. The Council 
determined that, based on the information provided, extension of the 
HAPCs was appropriate. The NMFS Southeast Fisheries Science Center 
reviewed the amendment and certified that it was based on the best 
scientific information available. NMFS agrees with that determination.
    Comment 14: It is not appropriate for anchors or drag nets to be 
used in the HAPCs but fishing with hook-and-line gear should be 
allowed, because research has shown hook-and-line fishing does not 
create any lasting damage to bottom habitat.
    Response: Hook-and-line fishing without anchoring in the HAPCs will 
not be restricted by this amendment. The management measures contained 
in this final rule are intended to protect

[[Page 42428]]

deepwater coral ecosystems from gear than may impact coral. Within the 
existing HAPCs, the use of bottom longline, bottom trawl, dredge, pot, 
or trap, as well as the use of an anchor, anchor and chain, or grapple 
and chain if on board a fishing vessel is prohibited. The use of mid-
water trawl gear is also prohibited in the Coral HAPCs. Fishing for or 
possessing rock shrimp or Oculina coral is also prohibited within the 
Oculina Bank HAPC (this rule will allow transit through the Oculina 
Bank HAPC for rock shrimp fishermen with rock shrimp onboard their 
vessel), and fishing for or possessing coral is prohibited on board a 
fishing vessel in the Coral HAPCs.
    Comment 15: The coordinates (latitude and longitude) published in 
the proposed rule for the Oculina Bank HAPC extension do not match any 
of the figures in the amendment used to illustrate the boundaries. The 
Council has never seen a good illustration of the area where the rock 
shrimp vessels operate and the historical fishing grounds (indicated by 
VMS points) that are being eliminated.
    Response: The coordinates in the amendment and the rule differ 
slightly in the way they are listed but do not differ functionally. In 
the amendment, the latitude and longitude in the figures are in degrees 
and decimal minutes, and were converted to degrees, minutes, and 
seconds in the proposed and final rules. This conversion was necessary 
to remain consistent with the coordinates contained in the regulations 
for the other CHAPCs. Also, in the amendment, the coordinates listed 
identify the expanded area rather than the entire Oculina Bank HAPC, 
while the proposed rule lists the coordinates for the entire Oculina 
Bank HAPC, including the new expanded area. Figures S-4 and S-6 in 
Amendment 8 illustrate the northern and western extensions of the 
Oculina Bank HAPC, and illustrate the VMS points showing fishing by 
rock shrimp vessels operating in that area. The Council had sufficient 
information to make its decision when they approved Amendment 8. NMFS 
will work with the Council to improve the illustrations in future 
amendments.
    Comment 16: Instead of expanding the Oculina Bank HAPC, studies 
should be done on increased algae growth on the south end of the 
Oculina Bank.
    Response: The purpose of Amendment 8 is to increase protections for 
deepwater coral based on new information of deepwater coral resources 
in the South Atlantic. Studies of algae growth in Oculina Bank are 
outside the scope of this amendment. There is currently no information 
on increased algae growth in Oculina Bank, however, that is an area for 
potential research in the future.
    Comment 17: It appears that the rock shrimp are moving northward 
due to changes in climate. The northern expansion of Oculina Bank HAPC 
will cut off access to historical northern shrimping grounds and will 
not protect coral.
    Response: There are likely many factors that may explain the 
variability in rock shrimp abundance and distribution, and climate 
change may be one of the factors. Expansion of the Oculina Bank HAPC 
may have adverse effects on some individual businesses associated with 
the rock shrimp industry, but is expected to enhance protection to 
deepwater corals. The northern expansion of Oculina Bank HAPC is based 
on recent scientific information, which indicates deepwater coral 
ecosystems occur in the area. This expansion is expected to reduce 
historical fishing in the area by about 5 percent based on VMS data 
from 2007-2012.
    Comment 18: Expansion of the Oculina Bank HAPC, Stetson-Miami 
Terrace Coral HAPC, and Cape Lookout Coral HAPC could have implications 
for green energy development and exploration in the future.
    Response: NMFS has determined that any effects of expansion of the 
Oculina Bank HAPC, and the Stetson-Miami Terrace or Cape Lookout Coral 
HAPCs on the development of green energy or exploration would be 
speculative. The Oculina Bank HAPC, Stetson-Miami Terrace Coral HAPC, 
and Cape Lookout Coral HAPC have been designated as essential fish 
habitat (EFH) HAPCs by the Council to warrant special protection. 
Designation as EFH or an EFH-HAPC would require that Federal agencies 
consult with the NMFS Habitat Conservation Division, if a Federal 
agency determines its activity or action may adversely affect EFH or 
the EFH-HAPC.
    Comment 19: There have been many problems with Amendment 8. For 
example, NMFS published a correction notice in the Federal Register on 
July 1, 2014, noting an error found in the preamble text for the 
proposed rule and the notice of availability for the amendment, with 
regard to the actual size of the proposed expansion of the Oculina 
HAPC.
    Response: As explained in the Supplementary Information above, NMFS 
published correction notices during the comment period for Amendment 8 
and the proposed rule on July 1, 2014 (79 FR 37270 and 79 FR 37269), to 
correct an inadvertent error regarding the proposed increased size of 
the Oculina Bank HAPC. The proposed rule and notice of availability for 
the amendment stated ``the proposed rule would increase the size of the 
Oculina Bank HAPC by 405.42 square miles (1,050 square km), for a total 
area of 694.42 square miles (1,798.5 square km) . . .'' This was 
incorrect. The correction notices explained that the proposed rule 
would increase the size of the Oculina Bank HAPC by 343.42 square miles 
(889.5 square km), for a total area of 632.42 square miles (1,638 
square km).
    Comment 20: Amendment 8 is not consistent with section 
303(b)(2)(C)(iii) of the Magnuson-Steven Act, which requires that for 
any closed area, NMFS must ensure a timetable is established for review 
of the closed area's performance, consistent with the purposes of the 
closed area.
    Response: Section 303(b)(2)(C)(iii) of the Magnuson-Steven Act is 
applicable when a closure prohibits all fishing. Because Amendment 8 
does not prohibit all fishing, the requirements of section 
303(b)(2)(C)(iii) of the Magnuson-Steven Act are not applicable. 
Although there are fishing gear restrictions in the existing HAPCs and 
expanded HAPCs, fishing would continue to be allowed in the HAPCs with 
the appropriate gear.

Changes From the Proposed Rule

    Since publication of the proposed rule, NMFS Office for Law 
Enforcement (OLE) published a final rule to specify requirements 
related to approved VMS units, which describes the requirements for 
vendors wishing to provide VMS units for domestic fisheries (70 FR 
77399, December 24, 2014). NMFS has now determined that the discussion 
of the VMS requirements in the proposed rule preamble and economic 
analysis for Coral Amendment 8 was incorrect. The preamble in the 
proposed rule stated that the proposed transit provisions would require 
that some VMS units would need to be replaced or would be required to 
have software/hardware upgrades to allow transit through the Oculina 
Bank HAPC with rock shrimp on board. Estimates of the costs of these 
upgrades were provided in the proposed rule. However, NMFS has since 
determined that the VMS units currently operating in the fishery are 
capable of signaling at a rate of at least 1 ping per 5 minutes, as is 
required by Amendment 8 and this rule.
    Therefore, no replacement units or upgrades will likely be 
necessary for fishing vessels with rock shrimp on board that choose to 
transit through the Oculina Bank HAPC. As a result, the only costs 
associated with this final rule

[[Page 42429]]

may be the increased communication charges if vessels choose to transit 
through the closed area with rock shrimp onboard. The maximum charge 
for any of the VMS units is $0.06 per ping, however, the total amount 
of increased communication charges per vessel cannot be determined 
because the total cost will depend on how often a vessel transits the 
Oculina Bank HAPC and the route the vessel chooses to take through the 
HAPC.
    In addition, NMFS fixes a spelling mistake in this final rule. This 
rule changes the spelling of ``Lithotherm'' to ``Lithoherm'' in the 
name of the CHAPC ``Stetson Reefs, Savannah and East Florida 
Lithoherms, and Miami Terrace Deepwater Coral HAPC'' in 50 CFR 
622.224(c)(1)(iii).

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of deepwater coral resources in the South Atlantic and is consistent 
with Amendment 8, 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.
    NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for 
this rule. The FRFA describes the economic impact this rule is expected 
to have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from NMFS (see 
ADDRESSES). A summary of the analysis follows.
    The purpose of this rule is to address recent discoveries of 
deepwater coral resources and protect deepwater coral ecosystems in the 
Council's jurisdiction from activities that could compromise their 
condition. The Magnuson-Stevens Act provides the statutory basis for 
this rule.
    Comments on the proposed rule are addressed in the comments and 
responses section of this final rule and the changes to the final rule 
are discussed in the changes from the proposed rule section of this 
final rule. No changes were made to the rule in response to these 
comments.
    This rule does not include any reporting or record-keeping 
requirements other than those associated with the VMS requirements 
discussed below.
    This rule is expected to directly apply up to 700 vessels that 
commercially harvest snapper-grouper species and up to 104 vessels that 
commercially harvest rock shrimp in the affected areas of the exclusive 
economic zone (EEZ) in the South Atlantic. Among the vessels that 
harvest rock shrimp, an estimated 9 vessels also harvest royal red 
shrimp. Although potentially all vessels in the snapper-grouper 
commercial sector could potentially be affected, the number of vessels 
that actually fish in the affected areas is expected to be small, as 
evidenced by the minimal economic effects expected to occur as a result 
of this rule (described below). The average vessel involved in 
commercial snapper-grouper harvest is estimated to earn approximately 
$28,700 (2012 dollars) in annual gross revenue, and the average vessel 
permitted to harvest rock shrimp is estimated to earn approximately 
$20,500 (2012 dollars) in annual rock shrimp gross revenue. The average 
annual gross revenue for vessels that harvest both rock shrimp and 
royal red shrimp is estimated to be approximately $113,000 (2012 
dollars). However, although there are an estimated 104 vessels 
permitted to harvest rock shrimp, the number of vessels that actually 
harvest rock shrimp in the South Atlantic is substantially less. Over 
the period 2009-2011, only 31, 19, and 18 vessels harvested rock shrimp 
in the South Atlantic in these years, respectively. Based on sample 
data from these vessels (10 vessels in 2009, 7 vessels in 2010, and 9 
vessels in 2011), the average annual total revenue from all fishing 
activity during these years was approximately $334,000 (2012 dollars) 
in 2009, $725,000 in 2010, and $629,000 in 2011. More recent data are 
not available. NMFS has not identified any other small entities that 
would be expected to be directly affected by this rule.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the United States including 
seafood dealers and harvesters. A business involved in commercial 
finfish fishing is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $20.5 million (NAICS code 114111, Finfish Fishing). 
The receipts threshold for a business involved in shrimp fishing is 
$5.5 million (NAICS code 114112, Shellfish Fishing). Because the 
average annual gross revenues for the commercial fishing operations 
expected to be directly affected by this rule are significantly less 
than the SBA revenue threshold, all these businesses are believed to be 
small business entities.
    This rule contains four separate actions. The first action expands 
the boundaries of the Oculina Bank HAPC by 343.42 square miles (889.5 
square km), for a total area of 632.42 square miles (1,638 square km). 
Expansion of the Oculina Bank HAPC is expected to affect vessels that 
harvest snapper-grouper, rock shrimp, and royal red shrimp because some 
fishermen have historically harvested these species in this area and 
will be prevented by the expansion from continuing to fish here. The 
expected maximum potential reduction in total gross revenue from 
snapper-grouper species as a result of the expansion of the Oculina 
Bank HAPC is approximately $56,000 (2012 dollars), or less than 0.3 
percent of the total average annual revenue received by South Atlantic 
commercial fishing vessels from snapper-grouper species. The expected 
maximum potential reduction in revenue from snapper-grouper species is 
minimal, and fishermen may be able to absorb the reduction or adapt 
their fishing practices to the expansion of the Oculina Bank HAPC and 
increase their fishing effort, and harvest, in other locations to 
mitigate the impact of the reduction. Additionally, fishermen may 
benefit from spill-over effects (increased total harvest or more cost-
efficient harvest) of the enhanced productivity of the protected 
Oculina Bank HAPC.
    All vessels that harvest royal red shrimp are expected to also 
harvest rock shrimp. Royal red shrimp are not managed in a fishery 
management plan by the Council, therefore, neither logbooks nor VMS 
units are required to harvest royal red shrimp. As a result, NMFS 
cannot determine with available data what portion of the average annual 
royal red shrimp harvest may be affected by the expansion of the 
Oculina Bank HAPC. However, the primary effect of the expansion of the 
Oculina Bank HAPC is expected to be on the harvest of rock shrimp and 
not the harvest of royal red shrimp. This rule is expected to reduce 
the total revenue from rock shrimp for all potentially affected rock 
shrimp fishermen by a maximum of approximately $189,500 (2012 dollars).
    Translating this expected reduction in total revenue to an average 
reduction per vessel is difficult because of the variability in 
participation in the fishery from year-to-year, as well as variability 
in revenue. As discussed above, significantly more vessels are 
permitted to harvest rock shrimp (104 vessels) than harvest rock shrimp 
(18-31 vessels,

[[Page 42430]]

2009-2011). Compared to the performance in each of the years 2009-2011, 
the expected annual total reduction in revenue from rock shrimp as a 
result of the Oculina Bank HAPC expansion would be approximately 1.8 
percent of the total average annual gross revenue based on 2009 
performance (reduction of approximately $6,100 per vessel compared to 
total average revenue of $334,000; 2012 dollars), 1.4 percent based on 
2010 performance (reduction of approximately $10,000 per vessel 
compared to total average revenue of $725,000; 2012 dollars), and 1.7 
percent based on 2011 performance (reduction of approximately $10,500 
per vessel compared to total average revenue of $629,000; 2012 
dollars). Overall, although the reduction in rock shrimp revenue as a 
result of the Oculina Bank HAPC expansion may be more than projected, 
rock shrimp accounted for only 27 percent, 22 percent, and 13 percent 
of total fishing revenue each year over the period 2009, 2010, and 2011 
for vessels harvesting South Atlantic rock shrimp, respectively. 
Penaeid shrimp were the highest revenue species in each of these years. 
Thus, on average, although the revenue from rock shrimp comprises a 
substantial portion of total annual revenue, available data indicate 
that rock shrimp fishermen are more dependent on other species than 
rock shrimp. Although the revenue from royal red shrimp also may be 
affected, the economic effects of the proposed expansion of the Oculina 
Bank HAPC on vessels that harvest royal red shrimp are expected to be 
minor.
    The second action establishes transit provisions through the 
Oculina Bank HAPC for a vessel with rock shrimp on board. This rule 
will allow transit through the Oculina Bank HAPC by a vessel with rock 
shrimp on board if the vessel maintains a direct and non-stop 
continuous course at a minimum speed of 5 knots (as determined by an 
operating VMS approved for the South Atlantic rock shrimp fishery and 
the VMS onboard the vessel registers a VMS ping (signal) rate of 1 ping 
per 5 minutes), and the vessel's gear is appropriately stowed (i.e., 
doors and nets will be required to be out of water and onboard the deck 
or below the deck of the vessel). At the time of publication of the 
proposed rule, NMFS expected that this VMS ping rate, which is more 
frequent than that currently required, would result in increased costs 
for vessels choosing to transit. These costs would be associated with 
the purchase of new VMS units for vessels with units unable to ping at 
the higher rate (22 vessels), upgrade of units that could ping at the 
higher rate if upgraded (57 vessels), and increased communication costs 
(all vessels). These increased costs were estimated to range from 
approximately $2,795 to $3,595 for the purchase and installation of a 
new VMS unit and approximately $300 per vessel for VMS unit upgrades 
and associated shipping costs. Increased communication costs were not 
estimated because they would depend on the frequency of transit and, in 
some cases, would only increase if the resultant total number of pings 
exceeded a pre-paid threshold. The maximum communication charge that 
has been identified is $0.06 per ping and the number of pings per 
transit should be minimal if a vessel takes the most direct path 
through the Oculina Bank HAPC.
    Subsequent to publication of the proposed rule, however, NMFS 
determined that all of the VMS units operated by the affected rock 
shrimp vessels are capable of communicating at the higher ping rate. As 
a result, no vessel that desires to transit through the Oculina Bank 
HAPC with rock shrimp on board will be required to purchase a new VMS 
unit or acquire an upgrade and the only change in costs will be an 
increase in communication costs. Despite this increase in communication 
costs, any increase will be voluntarily incurred because the rule will 
not require that vessels transit the Oculina Bank HAPC with rock shrimp 
on board. The net economic effect per entity of transiting is expected 
to be positive. Transit through the Oculina Bank HAPC is expected to 
reduce operating expenses by allowing a vessel to avoid time-consuming 
and costly travel around the area with rock shrimp onboard. Also, 
revenue may be increased if a reduction in travel time allows longer 
fishing. Overall, a fisherman will only choose to incur the increased 
VMS communication costs associated with transit if they conclude they 
will receive a net increase in economic benefits, regardless of the 
source of these benefits. As a result, this component of the rule is 
expected to have a direct positive economic effect on all affected 
small entities.
    Combined, the expected effects of the expansion of the Oculina Bank 
HAPC and transit provisions for vessels with rock shrimp on board are 
expected to range from a minor short term reduction in the average 
annual gross revenue from rock shrimp to a net positive economic effect 
on the average rock shrimp vessel. Although the expansion of the 
Oculina Bank HAPC is expected to reduce rock shrimp revenue from this 
area, the transit provisions are expected to reduce operating costs and 
potentially increase rock shrimp revenue by allowing more time to 
harvest rock shrimp from other areas, where permitted.
    The third action in this rule will expand the boundaries of the 
Stetson-Miami Terrace CHAPC by 490 square miles (1,269 square km), for 
a total area of 24,018 square miles (62,206 square km). Fishing for 
snapper-grouper species does not occur normally in this area and 
fishing for other finfish or golden crab will not be expected to be 
affected by the expansion of the Stetson-Miami Terrace CHAPC. This 
action will also establish a gear haul back/drift zone to accommodate 
the royal red shrimp fishery that occurs in this area. As a result, 
this component of the rule is not expected to reduce the revenue of any 
small entities.
    The fourth action will expand the boundaries of the Cape Lookout 
CHAPC by 10 square miles (26 square km), for a total area of 326 square 
miles (844 square km). Similar to the expansion of the Stetson-Miami 
Terrace CHAPC, fishing for snapper-grouper species does not occur 
normally in this area and fishing for other finfish or golden crab is 
not expected to be affected because of the small size of the expansion 
and availability of nearby areas with similar fishable habitat for 
these species. As a result, this component of the rule is not expected 
to reduce the revenue of any small entities.
    Among the actions in this rule, only the expansion of the Oculina 
Bank HAPC is expected to directly reduce the revenue of any small 
entities. Four alternatives, including the no action status quo 
alternative, were considered for the expansion of the Oculina Bank 
HAPC. Two of these alternatives are included in this rule. The no 
action alternative was not adopted because it would not have achieved 
the objective of increasing the protection of deepwater coral 
ecosystems in the Council's jurisdiction. The second alternative would 
have increased the area of expansion and, as a result, would result in 
a larger reduction in fishing revenue to directly affected small 
entities than this rule. Because the other actions considered in this 
rule (actions 2-4) would not be expected to result in any negative 
economic effects on any directly affected small entities, the issue of 
significant alternatives to reduce any significant negative effects is 
not relevant.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA), which have been approved 
by the Office of

[[Page 42431]]

Management and Budget (OMB) under control number 0648-0205. Since 2003, 
NMFS has required VMS be installed and maintained on commercially 
permitted South Atlantic rock shrimp vessels. NMFS estimates the 
increased VMS ping (signal) rate that would be required would result in 
increased communication costs for vessels that choose to transit 
through the Oculina Bank HAPC with rock shrimp onboard. Currently, all 
vessels actively participating in the rock shrimp fishery have a VMS 
unit and NMFS has determined that all of those VMS units have the 
capability to ping at the higher rate. NMFS estimates the increased VMS 
communications costs for vessels in the rock shrimp fishery that choose 
to transit through the Oculina Bank HAPC with rock shrimp onboard would 
be a maximum known cost of $0.06 per ping; however, the total increased 
communications charges per vessel per year cannot be determined because 
these costs will depend on how often the vessel transits through the 
Oculina Bank HAPC. The increased communication costs will be offset by 
reduced travel costs associated with travel around the HAPC to get to 
and from the fishing grounds. Allowing transit should increase the 
amount of time on a trip available for fishing and save on fuel and 
other vessel maintenance costs. Therefore, there is zero net change in 
burden costs for this data collection.
    These estimates of the public reporting burden include the time for 
reviewing instructions, gathering and maintaining the data needed, and 
completing and reviewing the collection-of-information.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the PRA, unless that collection-of-information displays a currently 
valid OMB control number.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all South Atlantic snapper-grouper and 
South Atlantic rock shrimp vessel permit holders.

List of Subjects in 50 CFR Part 622

    Coral, CHAPC, Coral reefs, Fisheries, Fishing, Reporting and 
recordkeeping requirements, HAPC, Shrimp, South Atlantic.

    Dated: July 14, 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.


0
2. In Sec.  622.224, paragraphs (b)(1), (c)(1)(i), (c)(1)(iii), 
(c)(3)(i), (c)(3)(ii), (c)(3)(iii), and (c)(3)(iv) are revised to read 
as follows:


Sec.  622.224  Area closures to protect South Atlantic corals.

* * * * *
    (b) Oculina Bank--(1) HAPC. The Oculina Bank HAPC is bounded by 
rhumb lines connecting, in order, the following points:

----------------------------------------------------------------------------------------------------------------
                 Point                       North lat.                           West long.
----------------------------------------------------------------------------------------------------------------
Origin.................................  29[deg]43'29.82''   80[deg]14'55.27''
1......................................  29[deg]43'30''      80[deg]15'48.24''
2......................................  29[deg]34'51.66''   80[deg]15'00.78''
3......................................  29[deg]34'07.38''   80[deg]15'51.66''
4......................................  29[deg]29'24.9''    80[deg]15'15.78''
5......................................  29[deg]09'32.52''   80[deg]12'17.22''
6......................................  29[deg]04'45.18''   80[deg]10'12''
7......................................  28[deg]56'01.86''   80[deg]07'53.64''
8......................................  28[deg]52'44.4''    80[deg]07'53.04''
9......................................  28[deg]47'28.56''   80[deg]07'07.44''
10.....................................  28[deg]46'13.68''   80[deg]07'15.9''
11.....................................  28[deg]41'16.32''   80[deg]05'58.74''
12.....................................  28[deg]35'05.76''   80[deg]05'14.28''
13.....................................  28[deg]33'50.94''   80[deg]05'24.6''
14.....................................  28[deg]30'51.36''   80[deg]04'23.94''
15.....................................  28[deg]30'00''      80[deg]03'57.3''
16.....................................  28[deg]30'          80[deg]03'
17.....................................  28[deg]16'          80[deg]03'
18.....................................  28[deg]04'30''      80[deg]01'10.08''
19.....................................  28[deg]04'30''      80[deg]00'
20.....................................  27[deg]30'          80[deg]00'
21.....................................  27[deg]30'          79[deg]54''--Point corresponding with intersection
                                                              with the 100-fathom (183-m) contour, as shown on
                                                              the latest edition of NOAA chart 11460
----------------------------------------------------------------------------------------------------------------
 Note: Line between point 21 and point 22 follows the 100-fathom (183-m) contour, as shown on the latest edition
                                               of NOAA chart 11460
----------------------------------------------------------------------------------------------------------------
22.....................................  28[deg]30'00''      79[deg]56'56''-- Point corresponding with
                                                              intersection with the 100-fathom (183-m) contour,
                                                              as shown on the latest edition of NOAA chart 11460
23.....................................  28[deg]30'00''      80[deg]00'46.02''
24.....................................  28[deg]46'00.84''   80[deg]03'28.5''
25.....................................  28[deg]48'37.14''   80[deg]03'56.76''
26.....................................  28[deg]53'18.36''   80[deg]04'48.84''
27.....................................  29[deg]11'19.62''   80[deg]08'36.9''
28.....................................  29[deg]17'33.96''   80[deg]10'06.9''
29.....................................  29[deg]23'35.34''   80[deg]11'30.06''

[[Page 42432]]

 
30.....................................  29[deg]30'15.72''   80[deg]12'38.88''
31.....................................  29[deg]35'55.86''   80[deg]13'41.04''
Origin.................................  29[deg]43'29.82''   80[deg]14'55.27''
----------------------------------------------------------------------------------------------------------------

    (i) In the Oculina Bank HAPC, no person may:
    (A) Use a bottom longline, bottom trawl, dredge, pot, or trap.
    (B) If aboard a fishing vessel, anchor, use an anchor and chain, or 
use a grapple and chain.
    (C) Fish for or possess rock shrimp in or from the Oculina Bank 
HAPC, except a shrimp vessel with a valid commercial vessel permit for 
rock shrimp that possesses rock shrimp may transit through the Oculina 
Bank HAPC if fishing gear is appropriately stowed. For the purpose of 
this paragraph, transit means a direct and non-stop continuous course 
through the area, maintaining a minimum speed of five knots as 
determined by an operating VMS and a VMS minimum ping rate of 1 ping 
per 5 minutes; fishing gear appropriately stowed means that doors and 
nets are out of the water and onboard the deck or below the deck of the 
vessel.
    (ii) [Reserved]
* * * * *
    (c) * * *
    (1) * * *
    (i) Cape Lookout Lophelia Banks is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
Origin............................  34[deg]24'36.996'  75[deg]45'10.998'
                                     '                  '
1.................................  34[deg]23'28.998'  75[deg]43'58.002'
                                     '                  '
2.................................  34[deg]27'00''     75[deg]41'45''
3.................................  34[deg]27'54''     75[deg]42'45''
Origin............................  34[deg]24'36.996'  75[deg]45'10.998'
                                     '                  '
------------------------------------------------------------------------

* * * * *
    (iii) Stetson Reefs, Savannah and East Florida Lithoherms, and 
Miami Terrace (Stetson-Miami Terrace) is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  at outer          79[deg]00'00''
                                       boundary of EEZ
1...................................  31[deg]23'37''    79[deg]00'00''
2...................................  31[deg]23'37''    77[deg]16'21''
3...................................  32[deg]38'37''    77[deg]16'21''
4...................................  32[deg]38'21''    77[deg]34'06''
5...................................  32[deg]35'24''    77[deg]37'54''
6...................................  32[deg]32'18''    77[deg]40'26''
7...................................  32[deg]28'42''    77[deg]44'10''
8...................................  32[deg]25'51''    77[deg]47'43''
9...................................  32[deg]22'40''    77[deg]52'05''
10..................................  32[deg]20'58''    77[deg]56'29''
11..................................  32[deg]20'30''    77[deg]57'50''
12..................................  32[deg]19'53''    78[deg]00'49''
13..................................  32[deg]18'44''    78[deg]04'35''
14..................................  32[deg]17'35''    78[deg]07'48''
15..................................  32[deg]17'15''    78[deg]10'41''
16..................................  32[deg]15'50''    78[deg]14'09''
17..................................  32[deg]15'20''    78[deg]15'25''
18..................................  32[deg]12'15''    78[deg]16'37''
19..................................  32[deg]10'26''    78[deg]18'09''
20..................................  32[deg]04'42''    78[deg]21'27''
21..................................  32[deg]03'41''    78[deg]24'07''
22..................................  32[deg]04'58''    78[deg]29'19''
23..................................  32[deg]06'59''    78[deg]30'48''
24..................................  32[deg]09'27''    78[deg]31'31''
25..................................  32[deg]11'23''    78[deg]32'47''
26..................................  32[deg]13'09''    78[deg]34'04''
27..................................  32[deg]14'08''    78[deg]34'36''
28..................................  32[deg]12'48''    78[deg]36'34''
29..................................  32[deg]13'07''    78[deg]39'07''
30..................................  32[deg]14'17''    78[deg]40'01''
31..................................  32[deg]16'20''    78[deg]40'18''
32..................................  32[deg]16'33''    78[deg]42'32''
33..................................  32[deg]14'26''    78[deg]43'23''
34..................................  32[deg]11'14''    78[deg]45'42''
35..................................  32[deg]10'19''    78[deg]49'08''
36..................................  32[deg]09'42''    78[deg]52'54''
37..................................  32[deg]08'15''    78[deg]56'11''
38..................................  32[deg]05'00''    79[deg]00'30''
39..................................  32[deg]01'54''    79[deg]02'49''
40..................................  31[deg]58'40''    79[deg]04'51''
41..................................  31[deg]56'32''    79[deg]06'48''
42..................................  31[deg]53'27''    79[deg]09'18''
43..................................  31[deg]50'56''    79[deg]11'29''
44..................................  31[deg]49'07''    79[deg]13'35''
45..................................  31[deg]47'56''    79[deg]16'08''
46..................................  31[deg]47'11''    79[deg]16'30''
47..................................  31[deg]46'29''    79[deg]16'25''
48..................................  31[deg]44'31''    79[deg]17'24''
49..................................  31[deg]43'20''    79[deg]18'27''
50..................................  31[deg]42'26''    79[deg]20'41''
51..................................  31[deg]41'09''    79[deg]22'26''
52..................................  31[deg]39'36''    79[deg]23'59''
53..................................  31[deg]37'54''    79[deg]25'29''
54..................................  31[deg]35'57''    79[deg]27'14''
55..................................  31[deg]34'14''    79[deg]28'24''
56..................................  31[deg]31'08''    79[deg]29'59''
57..................................  31[deg]30'26''    79[deg]29'52''
58..................................  31[deg]29'11''    79[deg]30'11''
59..................................  31[deg]27'58''    79[deg]31'41''
60..................................  31[deg]27'06''    79[deg]32'08''
61..................................  31[deg]26'22''    79[deg]32'48''
62..................................  31[deg]24'21''    79[deg]33'51''
63..................................  31[deg]22'53''    79[deg]34'41''
64..................................  31[deg]21'03''    79[deg]36'01''
65..................................  31[deg]20'00''    79[deg]37'12''
66..................................  31[deg]18'34''    79[deg]38'15''
67..................................  31[deg]16'49''    79[deg]38'36''
68..................................  31[deg]13'06''    79[deg]38'19''
70..................................  31[deg]11'04''    79[deg]38'39''
70..................................  31[deg]09'28''    79[deg]39'09''
71..................................  31[deg]07'44''    79[deg]40'21''
72..................................  31[deg]05'53''    79[deg]41'27''
73..................................  31[deg]04'40''    79[deg]42'09''
74..................................  31[deg]02'58''    79[deg]42'28''
75..................................  31[deg]01'03''    79[deg]42'40''
76..................................  30[deg]59'50''    79[deg]42'43''
77..................................  30[deg]58'27''    79[deg]42'43''
78..................................  30[deg]57'15''    79[deg]42'50''
79..................................  30[deg]56'09''    79[deg]43'28''
80..................................  30[deg]54'49''    79[deg]44'53''
81..................................  30[deg]53'44''    79[deg]46'24''
82..................................  30[deg]52'47''    79[deg]47'40''
83..................................  30[deg]51'45''    79[deg]48'16''
84..................................  30[deg]48'36''    79[deg]49'02''
85..................................  30[deg]45'24''    79[deg]49'55''
86..................................  30[deg]41'36''    79[deg]51'31''
87..................................  30[deg]38'38''    79[deg]52'23''
88..................................  30[deg]37'00''    79[deg]52'37.2''
89..................................  30[deg]37'00''    80[deg]05'00''
90..................................  30[deg]34'6.42''  80[deg]05'54.96'
                                                         '
91..................................  30[deg]26'59.94'  80[deg]07'41.22'
                                       '                 '
92..................................  30[deg]23'53.28'  80[deg]08'8.58''
                                       '
93..................................  30[deg]19'22.86'  80[deg]09'22.56'
                                       '                 '
94..................................  30[deg]13'17.58'  80[deg]11'15.24'
                                       '                 '
95..................................  30[deg]07'55.68'  80[deg]12'19.62'
                                       '                 '
96..................................  30[deg]00'00''    80[deg]13'00''
97..................................  30[deg]00'9''     80[deg]09'30''
98..................................  30[deg]03'00''    80[deg]09'30''
99..................................  30[deg]03'00''    80[deg]06'00''
100.................................  30[deg]04'00''    80[deg]02'45.6''
101.................................  29[deg]59'16''    80[deg]04'11''
102.................................  29[deg]49'12''    80[deg]05'44''
103.................................  29[deg]43'59''    80[deg]06'24''
104.................................  29[deg]38'37''    80[deg]06'53''
105.................................  29[deg]36'54''    80[deg]07'18''
106.................................  29[deg]31'59''    80[deg]07'32''
107.................................  29[deg]29'14''    80[deg]07'18''
108.................................  29[deg]21'48''    80[deg]05'01''
109.................................  29[deg]20'25''    80[deg]04'29''
110.................................  29[deg]08'00''    79[deg]59'43''
111.................................  29[deg]06'56''    79[deg]59'07''
112.................................  29[deg]05'59''    79[deg]58'44''
113.................................  29[deg]03'34''    79[deg]57'37''
114.................................  29[deg]02'11''    79[deg]56'59''
115.................................  29[deg]00'00''    79[deg]55'32''
116.................................  28[deg]56'55''    79[deg]54'22''
117.................................  28[deg]55'00''    79[deg]53'31''
118.................................  28[deg]53'35''    79[deg]52'51''
119.................................  28[deg]51'47''    79[deg]52'07''
120.................................  28[deg]50'25''    79[deg]51'27''
121.................................  28[deg]49'53''    79[deg]51'20''
122.................................  28[deg]49'01''    79[deg]51'20''
123.................................  28[deg]48'19''    79[deg]51'10''
124.................................  28[deg]47'13''    79[deg]50'59''
125.................................  28[deg]43'30''    79[deg]50'36''
126.................................  28[deg]41'05''    79[deg]50'04''
127.................................  28[deg]40'27''    79[deg]50'07''
128.................................  28[deg]39'50''    79[deg]49'56''
129.................................  28[deg]39'04''    79[deg]49'58''
130.................................  28[deg]36'43''    79[deg]49'35''
131.................................  28[deg]35'01''    79[deg]49'24''
132.................................  28[deg]30'37''    79[deg]48'35''
133.................................  28[deg]14'00''    79[deg]46'20''
134.................................  28[deg]11'41''    79[deg]46'12''
135.................................  28[deg]08'02''    79[deg]45'45''
136.................................  28[deg]01'20''    79[deg]45'20''
137.................................  27[deg]58'13''    79[deg]44'51''
138.................................  27[deg]56'23''    79[deg]44'53''
139.................................  27[deg]49'40''    79[deg]44'25''
140.................................  27[deg]46'27''    79[deg]44'22''
141.................................  27[deg]42'00''    79[deg]44'33''
142.................................  27[deg]36'08''    79[deg]44'58''
143.................................  27[deg]30'00''    79[deg]45'29''

[[Page 42433]]

 
144.................................  27[deg]29'04''    79[deg]45'47''
145.................................  27[deg]27'05''    79[deg]45'54''
146.................................  27[deg]25'47''    79[deg]45'57''
147.................................  27[deg]19'46''    79[deg]45'14''
148.................................  27[deg]17'54''    79[deg]45'12''
149.................................  27[deg]12'28''    79[deg]45'00''
150.................................  27[deg]07'45''    79[deg]46'07''
151.................................  27[deg]04'47''    79[deg]46'29''
152.................................  27[deg]00'43''    79[deg]46'39''
153.................................  26[deg]58'43''    79[deg]46'28''
154.................................  26[deg]57'06''    79[deg]46'32''
155.................................  26[deg]49'58''    79[deg]46'54''
156.................................  26[deg]48'58''    79[deg]46'56''
157.................................  26[deg]47'01''    79[deg]47'09''
158.................................  26[deg]46'04''    79[deg]47'09''
159.................................  26[deg]35'09''    79[deg]48'01''
160.................................  26[deg]33'37''    79[deg]48'21''
161.................................  26[deg]27'56''    79[deg]49'09''
162.................................  26[deg]25'55''    79[deg]49'30''
163.................................  26[deg]21'05''    79[deg]50'03''
164.................................  26[deg]20'30''    79[deg]50'20''
165.................................  26[deg]18'56''    79[deg]50'17''
166.................................  26[deg]16'19''    79[deg]54'06''
167.................................  26[deg]13'48''    79[deg]54'48''
168.................................  26[deg]12'19''    79[deg]55'37''
169.................................  26[deg]10'57''    79[deg]57'05''
170.................................  26[deg]09'17''    79[deg]58'45''
171.................................  26[deg]07'11''    80[deg]00'22''
172.................................  26[deg]06'12''    80[deg]00'33''
173.................................  26[deg]03'26''    80[deg]01'02''
174.................................  26[deg]00'35''    80[deg]01'13''
175.................................  25[deg]49'10''    80[deg]00'38''
176.................................  25[deg]48'30''    80[deg]00'23''
177.................................  25[deg]46'42''    79[deg]59'14''
178.................................  25[deg]27'28''    80[deg]02'26''
179.................................  25[deg]24'06''    80[deg]01'44''
180.................................  25[deg]21'04''    80[deg]01'27''
181.................................  25[deg]21'04''    at outer
                                                         boundary of EEZ
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 181 to the Origin.
* * * * *
    (3) * * *
    (i) Shrimp access area 1 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  30[deg]06'30''    80[deg]02'2.4''
1...................................  30[deg]06'30''    80[deg]05'39.6''
2...................................  30[deg]03'00''    80[deg]09'30''
3...................................  30[deg]03'00''    80[deg]06'00''
4...................................  30[deg]04'00''    80[deg]02'45.6''
5...................................  29[deg]59'16''    80[deg]04'11''
6...................................  29[deg]49'12''    80[deg]05'44''
7...................................  29[deg]43'59''    80[deg]06'24''
8...................................  29[deg]38'37''    80[deg]06'53''
9...................................  29[deg]36'54''    80[deg]07'18''
10..................................  29[deg]31'59''    80[deg]07'32''
11..................................  29[deg]29'14''    80[deg]07'18''
12..................................  29[deg]21'48''    80[deg]05'01''
13..................................  29[deg]20'25''    80[deg]04'29''
14..................................  29[deg]20'25''    80[deg]03'11''
15..................................  29[deg]21'48''    80[deg]03'52''
16..................................  29[deg]29'14''    80[deg]06'08''
17..................................  29[deg]31'59''    80[deg]06'23''
18..................................  29[deg]36'54''    80[deg]06'00''
19..................................  29[deg]38'37''    80[deg]05'43''
20..................................  29[deg]43'59''    80[deg]05'14''
21..................................  29[deg]49'12''    80[deg]04'35''
22..................................  29[deg]59'16''    80[deg]03'01''
23..................................  30[deg]06'30''    80[deg]00'53''
Origin..............................  30[deg]06'30''    80[deg]02'2.4''
------------------------------------------------------------------------

    (ii) Shrimp access area 2 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  29[deg]08'00''    79[deg]59'43''
1...................................  29[deg]06'56''    79[deg]59'07''
2...................................  29[deg]05'59''    79[deg]58'44''
3...................................  29[deg]03'34''    79[deg]57'37''
4...................................  29[deg]02'11''    79[deg]56'59''
5...................................  29[deg]00'00''    79[deg]55'32''
6...................................  28[deg]56'55''    79[deg]54'22''
7...................................  28[deg]55'00''    79[deg]53'31''
8...................................  28[deg]53'35''    79[deg]52'51''
9...................................  28[deg]51'47''    79[deg]52'07''
10..................................  28[deg]50'25''    79[deg]51'27''
11..................................  28[deg]49'53''    79[deg]51'20''
12..................................  28[deg]49'01''    79[deg]51'20''
13..................................  28[deg]48'19''    79[deg]51'10''
14..................................  28[deg]47'13''    79[deg]50'59''
15..................................  28[deg]43'30''    79[deg]50'36''
16..................................  28[deg]41'05''    79[deg]50'04''
17..................................  28[deg]40'27''    79[deg]50'07''
18..................................  28[deg]39'50''    79[deg]49'56''
19..................................  28[deg]39'04''    79[deg]49'58''
20..................................  28[deg]36'43''    79[deg]49'35''
21..................................  28[deg]35'01''    79[deg]49'24''
22..................................  28[deg]30'37''    79[deg]48'35''
23..................................  28[deg]30'37''    79[deg]47'27''
24..................................  28[deg]35'01''    79[deg]48'16''
25..................................  28[deg]36'43''    79[deg]48'27''
26..................................  28[deg]39'04''    79[deg]48'50''
27..................................  28[deg]39'50''    79[deg]48'48''
28..................................  28[deg]40'27''    79[deg]48'58''
29..................................  28[deg]41'05''    79[deg]48'56''
30..................................  28[deg]43'30''    79[deg]49'28''
31..................................  28[deg]47'13''    79[deg]49'51''
32..................................  28[deg]48'19''    79[deg]50'01''
33..................................  28[deg]49'01''    79[deg]50'13''
34..................................  28[deg]49'53''    79[deg]50'12''
35..................................  28[deg]50'25''    79[deg]50'17''
36..................................  28[deg]51'47''    79[deg]50'58''
37..................................  28[deg]53'35''    79[deg]51'43''
38..................................  28[deg]55'00''    79[deg]52'22''
39..................................  28[deg]56'55''    79[deg]53'14''
40..................................  29[deg]00'00''    79[deg]54'24''
41..................................  29[deg]02'11''    79[deg]55'50''
42..................................  29[deg]03'34''    79[deg]56'29''
43..................................  29[deg]05'59''    79[deg]57'35''
44..................................  29[deg]06'56''    79[deg]57'59''
45..................................  29[deg]08'00''    79[deg]58'34''
Origin..............................  29[deg]08'00''    79[deg]59'43''
------------------------------------------------------------------------

    (iii) Shrimp access area 3 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  28[deg]14'00''    79[deg]46'20''
1...................................  28[deg]11'41''    79[deg]46'12''
2...................................  28[deg]08'02''    79[deg]45'45''
3...................................  28[deg]01'20''    79[deg]45'20''
4...................................  27[deg]58'13''    79[deg]44'51''
5...................................  27[deg]56'23''    79[deg]44'53''
6...................................  27[deg]49'40''    79[deg]44'25''
7...................................  27[deg]46'27''    79[deg]44'22''
8...................................  27[deg]42'00''    79[deg]44'33''
9...................................  27[deg]36'08''    79[deg]44'58''
10..................................  27[deg]30'00''    79[deg]45'29''
11..................................  27[deg]29'04''    79[deg]45'47''
12..................................  27[deg]27'05''    79[deg]45'54''
13..................................  27[deg]25'47''    79[deg]45'57''
14..................................  27[deg]19'46''    79[deg]45'14''
15..................................  27[deg]17'54''    79[deg]45'12''
16..................................  27[deg]12'28''    79[deg]45'00''
17..................................  27[deg]07'45''    79[deg]46'07''
18..................................  27[deg]04'47''    79[deg]46'29''
19..................................  27[deg]00'43''    79[deg]46'39''
20..................................  26[deg]58'43''    79[deg]46'28''
21..................................  26[deg]57'06''    79[deg]46'32''
22..................................  26[deg]57'06''    79[deg]44'52''
23..................................  26[deg]58'43''    79[deg]44'47''
24..................................  27[deg]00'43''    79[deg]44'58''
25..................................  27[deg]04'47''    79[deg]44'48''
26..................................  27[deg]07'45''    79[deg]44'26''
27..................................  27[deg]12'28''    79[deg]43'19''
28..................................  27[deg]17'54''    79[deg]43'31''
29..................................  27[deg]19'46''    79[deg]43'33''
30..................................  27[deg]25'47''    79[deg]44'15''
31..................................  27[deg]27'05''    79[deg]44'12''
32..................................  27[deg]29'04''    79[deg]44'06''
33..................................  27[deg]30'00''    79[deg]43'48''
34..................................  27[deg]30'00''    79[deg]44'22''
35..................................  27[deg]36'08''    79[deg]43'50''
36..................................  27[deg]42'00''    79[deg]43'25''
37..................................  27[deg]46'27''    79[deg]43'14''
38..................................  27[deg]49'40''    79[deg]43'17''
39..................................  27[deg]56'23''    79[deg]43'45''
40..................................  27[deg]58'13''    79[deg]43'43''
41..................................  28[deg]01'20''    79[deg]44'11''
42..................................  28[deg]04'42''    79[deg]44'25''
43..................................  28[deg]08'02''    79[deg]44'37''
44..................................  28[deg]11'41''    79[deg]45'04''
45..................................  28[deg]14'00''    79[deg]45'12''
Origin..............................  28[deg]14'00''    79[deg]46'20''
------------------------------------------------------------------------

    (iv) Shrimp access area 4 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  26[deg]49'58''    79[deg]46'54''
1...................................  26[deg]48'58''    79[deg]46'56''
2...................................  26[deg]47'01''    79[deg]47'09''
3...................................  26[deg]46'04''    79[deg]47'09''
4...................................  26[deg]35'09''    79[deg]48'01''
5...................................  26[deg]33'37''    79[deg]48'21''
6...................................  26[deg]27'56''    79[deg]49'09''
7...................................  26[deg]25'55''    79[deg]49'30''
8...................................  26[deg]21'05''    79[deg]50'03''
9...................................  26[deg]20'30''    79[deg]50'20''
10..................................  26[deg]18'56''    79[deg]50'17''
11..................................  26[deg]18'56''    79[deg]48'37''
12..................................  26[deg]20'30''    79[deg]48'40''
13..................................  26[deg]21'05''    79[deg]48'08''
14..................................  26[deg]25'55''    79[deg]47'49''
15..................................  26[deg]27'56''    79[deg]47'29''
16..................................  26[deg]33'37''    79[deg]46'40''
17..................................  26[deg]35'09''    79[deg]46'20''
18..................................  26[deg]46'04''    79[deg]45'28''
19..................................  26[deg]47'01''    79[deg]45'28''
20..................................  26[deg]48'58''    79[deg]45'15''
21..................................  26[deg]49'58''    79[deg]45'13''
Origin..............................  26[deg]49'58''    79[deg]46'54''
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17617 Filed 7-16-15; 8:45 am]
BILLING CODE 3510-22-P



                                                                       Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations                                           42423

                                                     (d) In addition, persons must develop,                  Dated: March 3, 2015.                               DATES:   This rule is effective August 17,
                                                  maintain, and submit any other records                   Sylvia M. Burwell,                                    2015.
                                                  and reports to HHS that may be required                  Secretary.                                            ADDRESSES:    Electronic copies of
                                                  for the administration of the DPA and                      Editorial note: This document was                   Amendment 8, which includes an
                                                  other applicable statutes, and this part.                received by the Office of the Federal Register        environmental assessment and a
                                                     (e) DPA Section 705(d), as                            on July 8, 2015.                                      regulatory impact review, may be
                                                  implemented by E.O. 13603, provides                      [FR Doc. 2015–17047 Filed 7–16–15; 8:45 am]
                                                                                                                                                                 obtained from the Southeast Regional
                                                  that information obtained under this                     BILLING CODE 4150–28–P
                                                                                                                                                                 Office Web site at http://
                                                                                                                                                                 sero.nmfs.noaa.gov/sustainable_
                                                  section which the Secretary deems
                                                                                                                                                                 fisheries/s_atl/coral/index.html.
                                                  confidential, or with reference to which
                                                                                                                                                                    Comments regarding the burden-hour
                                                  a request for confidential treatment is                  DEPARTMENT OF COMMERCE                                estimates or other aspects of the
                                                  made by the person furnishing such                                                                             collection-of-information requirements
                                                  information, shall not be published or                   National Oceanic and Atmospheric
                                                                                                           Administration                                        contained in this final rule may be
                                                  disclosed unless the Secretary                                                                                 submitted in writing to Anik Clemens,
                                                  determines that the withholding of this                                                                        Southeast Regional Office, NMFS, 263
                                                                                                           50 CFR Part 622
                                                  information is contrary to the interest of                                                                     13th Avenue South, St. Petersburg, FL
                                                  the national defense. Information                        [Docket No. 140214145–5582–02]                        33701; and OMB, by email at OIRA
                                                  required to be submitted to HHS in                       RIN 0648–BD81                                         Submission@omb.eop.gov, or by fax to
                                                  connection with the enforcement or                                                                             202–395–7285.
                                                  administration of the DPA, this part, or                 Fisheries of the Caribbean, Gulf of                   FOR FURTHER INFORMATION CONTACT:
                                                  an official action, is deemed to be                      Mexico, and South Atlantic; Coral,                    Karla Gore, Southeast Regional Office,
                                                  confidential under DPA Section 705(d)                    Coral Reefs, and Live/Hard Bottom                     telephone: 727–824–5305.
                                                  and shall be handled in accordance with                  Habitats of the South Atlantic Region;                SUPPLEMENTARY INFORMATION: South
                                                  applicable Federal law.                                  Amendment 8                                           Atlantic coral is managed under the
                                                                                                           AGENCY:  National Marine Fisheries                    FMP. The FMP is implemented under
                                                  § 101.92 Applicability of this part and
                                                  official actions.                                        Service (NMFS), National Oceanic and                  the authority of the Magnuson-Stevens
                                                                                                           Atmospheric Administration (NOAA),                    Fishery Conservation and Management
                                                     (a) This part and all official actions,               Commerce.                                             Act (Magnuson-Stevens Act) by
                                                  unless specifically stated otherwise,                    ACTION: Final rule.                                   regulations at 50 CFR part 622.
                                                  apply to transactions in any state,                                                                               On May 20, 2014, NMFS published a
                                                  territory, or possession of the United                   SUMMARY:   NMFS issues this final rule to             notice of availability for Amendment 8
                                                  States and the District of Columbia.                     implement Amendment 8 to the Fishery                  and requested public comment (79 FR
                                                                                                           Management Plan for Coral, Coral Reefs,               28880). On July 3, 2014, NMFS
                                                     (b) This part and all official actions                and Live/Hard Bottom Habitats of the                  published a proposed rule for
                                                  apply not only to deliveries to other                    South Atlantic Region (FMP)                           Amendment 8 and requested public
                                                  persons but also include deliveries to                   (Amendment 8), as prepared by the                     comment (79 FR 31907). Subsequently,
                                                  affiliates and subsidiaries of a person                  South Atlantic Fishery Management                     NMFS published a correction to the
                                                  and deliveries from one branch,                          Council (Council). This final rule                    notice of availability (79 FR 37269, July
                                                  division, or section of a single entity to               expands portions of the northern and                  1, 2014) and the proposed rule (79 FR
                                                  another branch, division, or section                     western boundaries of the Oculina Bank                37270, July 1, 2014) to correct an error
                                                  under common ownership or control.                       Habitat Area of Particular Concern                    in the size of the Oculina Bank HAPC.
                                                     (c) This part and its schedules shall                 (HAPC) (Oculina Bank HAPC) and                        The proposed rule and NOA stated that
                                                  not be construed to affect any                           allows transit through the Oculina Bank               the size of the Oculina Bank HAPC
                                                  administrative actions taken by HHS, or                  HAPC by fishing vessels with rock                     would expand ‘‘by 405.42 square miles
                                                  any outstanding contracts or orders                      shrimp onboard; modifies vessel                       (1,050 square km), for a total area of
                                                  placed pursuant to any of the                            monitoring system (VMS) requirements                  694.42 square miles (1,798.5 square km)
                                                  regulations, orders, schedules or                        for rock shrimp fishermen transiting                  . . .’’ However, this was incorrect. The
                                                  delegations of authority previously                      through the Oculina Bank HAPC with                    published corrections explained that the
                                                  issued by HHS pursuant to authority                      rock shrimp on aboard; expands a                      increase in size of the Oculina Bank
                                                  granted to HHS, by the President under                   portion of the western boundary of the                HAPC would be 343.42 square miles
                                                  the DPA and E.O. 13603. Such actions,                    Stetson Reefs, Savannah and East                      (889.5 square km), for a total area of
                                                                                                           Florida Lithoherms, and Miami Terrace                 632.42 square miles (1,638 square km).
                                                  contracts, or orders shall continue in
                                                                                                           Deepwater Coral HAPC (CHAPC)                          The Secretary approved the amendment
                                                  full force and effect under this part
                                                                                                           (Stetson-Miami Terrace CHAPC),                        on August 18, 2014. The proposed rule
                                                  unless modified or terminated by proper
                                                                                                           including modifications to the shrimp                 and Amendment 8 set forth the rationale
                                                  authority.                                               access area A, which is renamed                       for the actions contained in this final
                                                  § 101.93   Communications.                               ‘‘shrimp access area 1’’; and expands a               rule. A summary of the actions
                                                                                                           portion of the northern boundary of the               implemented by this final rule is
                                                    All communications concerning this                     Cape Lookout Lophelia Banks                           provided below.
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                                                  part, including requests for copies of the               Deepwater CHAPC (Cape Lookout
                                                  part and explanatory information,                        CHAPC). In addition, this rule makes a                Management Measures Contained in
                                                  requests for guidance or clarification,                  minor administrative change to the                    This Final Rule
                                                  and requests for adjustment or                           names of the shrimp fishery access                      This final rule expands the
                                                  exception shall be addressed to the                      areas. The purpose of this rule is to                 boundaries of the Oculina Bank HAPC
                                                  Secretary, U.S. Department of Health                     increase protections for deepwater coral              and allows transit through the Oculina
                                                  and Human Services, and Washington,                      based on new information for deepwater                Bank HAPC by fishing vessels with rock
                                                  DC.                                                      coral resources in the South Atlantic.                shrimp onboard; modifies the VMS


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                                                  42424                Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations

                                                  requirements for rock shrimp fishermen                   since publication of the proposed rule,               Comments and Responses
                                                  transiting the Oculina Bank HAPC;                        NMFS has determined that all vessels                     NMFS received a total of 35 comment
                                                  expands the boundaries of the Stetson-                   have VMS units that are capable of                    letters on Amendment 8 and the
                                                  Miami Terrace CHAPC, the adjacent                        registering a VMS ping (signal) rate of 1             proposed rule, which include letters
                                                  shrimp fishery access area, and the Cape                 ping per 5 minutes, however, they will                from a Federal agency, an
                                                  Lookout CHAPC; and makes a minor                         incur higher communication costs for                  environmental organization, private
                                                  administrative change to the names of                    this ping rate if they choose to transit              citizens, recreational fishermen,
                                                  the shrimp fishery access areas. The                     the Oculina Bank HAPC with rock                       commercial fishermen, and fishing
                                                  purpose of these measures is to provide                  shrimp onboard. These communication                   associations. Five letters expressed
                                                  better protection for deepwater coral                    costs will be offset by not incurring the             support for the amendment and three
                                                  ecosystems.                                              costs associated with having to transit               letters were unrelated to the actions in
                                                                                                           around the HAPC to get to or from the
                                                  Expansion of Oculina Bank HAPC                                                                                 Amendment 8. One comment letter was
                                                                                                           fishing grounds. This transit provision
                                                     This final rule increases the size of                                                                       signed by 257 members of the rock
                                                                                                           allows rock shrimp fishermen with rock
                                                  the Oculina Bank HAPC by 343.42                                                                                shrimp fishing industry and opposed
                                                                                                           shrimp onboard their vessels to travel to
                                                  square miles (889.5 square km), for a                                                                          the implementation of the amendment.
                                                                                                           and from additional rock shrimp fishing
                                                  total area of 632.42 square miles (1,638                                                                       The specific comments on the actions
                                                                                                           grounds in less time using less fuel than
                                                  square km) and, except for a limited                                                                           contained in Amendment 8 and the
                                                                                                           if the fishermen are required to travel
                                                  transit provision described below,                                                                             proposed rule and NMFS’s respective
                                                                                                           around the Oculina Bank HAPC.
                                                  extends the current prohibitions to the                                                                        responses, are summarized below.
                                                  larger area, and increases protection of                 Expansion of the Stetson-Miami Terrace                   Comment 1: Amendment 8 is not
                                                  coral. The prohibitions for the Oculina                  CHAPC and the Cape Lookout CHAPC                      based upon the best scientific
                                                  Bank include the following: It is                           This final rule increases the size of              information available because the
                                                  unlawful to use a bottom longline,                       the Stetson-Miami Terrace CHAPC by                    analysis to determine the location of
                                                  bottom trawl, dredge, pot or trap, and if                490 square miles (1,269 square km), for               fishing and the socio-economic impacts
                                                  aboard a fishing vessel it is unlawful to                a total area of 24,018 square miles                   of proposed extensions to the HAPCs
                                                  anchor, use an anchor and chain, or use                  (62,206 square km), and increases the                 was based on VMS data. The
                                                  a grapple and chain. Additionally, it is                 size of the Cape Lookout CHAPC by 10                  assumption that each VMS point should
                                                  unlawful to fish for or possess rock                     square miles (26 square km), for a total              be given equal value is incorrect.
                                                  shrimp in or from the Oculina Bank                       area of 326 square miles (844 square                  Amendment 8 should have included
                                                  HAPC on board a fishing vessel.                          km), and extends the current CHAPC                    trawl track data generated from
                                                                                                           gear prohibitions to the larger areas to              WinPlotTM software matched up to trip
                                                  Transit Provision With Rock Shrimp on                                                                          ticket information from the state of
                                                                                                           increase protection of deepwater coral
                                                  Board Through Oculina Bank HAPC                                                                                Florida. Trawl track data, instead of
                                                                                                           ecosystems. The prohibitions for the
                                                     This final rule establishes a transit                 CHAPCs include the following: It is                   VMS data, may be more easily
                                                  provision to allow fishing vessels with                  unlawful to use a bottom longline, trawl              correlated with trip ticket information to
                                                  rock shrimp onboard to transit the                       (mid-water or bottom), dredge, pot or                 determine location and value of catches.
                                                  Oculina Bank HAPC under limited                          trap, and if aboard a fishing vessel, it is              Response: NMFS disagrees that
                                                  circumstances. To be considered to be                    unlawful to anchor, use an anchor and                 Amendment 8 was not based on the best
                                                  in transit and thus allowed to possess                   chain, or use a grapple and chain.                    scientific information available. NMFS
                                                  rock shrimp on board a vessel in the                     Additionally, it is unlawful to fish for or           requires a VMS onboard each rock
                                                  Oculina Bank HAPC, a vessel must have                    possess coral in or from the CHAPCs on                shrimp fishing vessel to determine
                                                  a valid commercial permit for rock                       board a fishing vessel.                               where the fishing vessel is fishing and
                                                  shrimp, the vessel’s gear must be                           Additionally, the expansion of the                 provides this information through VMS
                                                  appropriately stowed (i.e., doors and                    Stetson-Miami Terrace CHAPC provides                  generated trawl track data. NMFS does
                                                  nets are required to be out of water and                 royal red shrimp fishermen a new zone                 not require trawl track data generated by
                                                  onboard the deck or below the deck of                    adjacent to the existing shrimp access                WinPlotTM or any other proprietary
                                                  the vessel), and the vessel must                         area A (renamed ‘‘shrimp access area 1’’,             tracking or monitoring system. Thus,
                                                  maintain a direct and non-stop                           as discussed in the next section of this              VMS data were used in Amendment 8
                                                  continuous course through the HAPC at                    preamble) within which they can haul-                 to determine location of fishing effort
                                                  a minimum speed of 5 knots, as                           back fishing gear without drifting into               and economic impacts, and NMFS has
                                                  determined by an operating VMS                           an area where their gear is prohibited.               determined that Amendment 8 used the
                                                  approved for the South Atlantic rock                     Thus, this rule expands the shrimp                    best scientific information available.
                                                  shrimp fishery onboard the vessel. In                    fishery access area to include the new                   WinPlotTM is charting software used
                                                  addition, this rule modifies the VMS                     haul-back zone.                                       by some fishermen in the rock shrimp
                                                  requirements to require all vessels with                                                                       fishery in addition to the required VMS.
                                                  rock shrimp onboard that choose to                       Other Changes to Regulatory Text                      It is unknown if all rock shrimp
                                                  transit the Oculina Bank HAPC to have                       This rule also revises the names of the            fishermen are using WinplotTM software
                                                  a VMS unit that registers a VMS ping                     shrimp fishery access areas, from                     or if they all are recording the same
                                                  (signal) rate of 1 ping per 5 minutes. As                ‘‘shrimp access area A–D’’ to ‘‘shrimp                information for each trawl or trip. Trawl
                                                  discussed in the proposed rule, not all                  access area 1–4’’, in the regulations                 track information from WinPlotTM
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                                                  VMS units used on the vessels in the                     implemented through the                               represents self-reported data for which
                                                  rock shrimp fishery were expected to be                  Comprehensive Ecosystem-Based                         there are no standardized data elements,
                                                  able to meet the ping rate requirement.                  Amendment 1 (75 FR 35330, June 22,                    and there would be limited utility of
                                                  As a result, some vessels were expected                  2010) to more closely match the names                 trying to use WinPlotTM trawl track data
                                                  to have to reconfigure or upgrade their                  in the FMP. This final rule also revises              for socio-economic analysis. Instead, the
                                                  unit, or purchase a new unit, in order                   50 CFR 622.224(c)(3)(i)–(iv), to change               data from the required VMS units were
                                                  to be able to transit the Oculina Bank                   the four shrimp fishery access areas                  used to determine the socio-economic
                                                  HAPC within this exception. However,                     titles.                                               impacts. The analysis considered the


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                                                                       Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations                                         42425

                                                  percentage of VMS points on average                      Atlantic in these years, respectively, and            they fished in that area with landings as
                                                  that occur in the area that would                        the production results provided above                 a metric of socio-economic impact in
                                                  become closed to rock shrimp fishing.                    reflect the estimated average                         this analysis? The minimal impact
                                                  Rock shrimp landings information                         performance of these vessels. These                   description to the commercial snapper-
                                                  cannot be associated to each VMS data                    results demonstrate, on average, that                 grouper fleet contained in Amendment
                                                  point. As a result, any assessment of the                although the revenue from rock shrimp                 8 is incorrect.
                                                  expected effects of the Oculina Bank                     comprises a substantial portion of total                 Response: The assessment of the
                                                  HAPC expansion requires an                               annual revenue, rock shrimp fishermen                 socio-economic effects of the expansion
                                                  assumption of how harvest is expected                    are more dependent on other species.                  of the Oculina Bank HAPC was based on
                                                  to be distributed over the area                             In addition to analyzing the relative              the expected average harvest of snapper-
                                                  encompassed by the expansion. NMFS                       importance of rock shrimp revenue                     grouper species in the area of the
                                                  has determined that the assumption that                  within the total fishing revenue, the                 expansion over the period 2009–2011,
                                                  the harvest of rock shrimp occurs                        significance of any economic effects will             as recorded in all logbooks regardless of
                                                  uniformly across each VMS data point                     be determined by the expected                         where the respective vessels were home-
                                                  is reasonable.                                           reduction in rock shrimp harvest. It is               ported. Because harvest is recorded by
                                                     Comment 2: The rock shrimp industry                   not possible to determine with certainty              statistical grid (60 nautical miles
                                                  (vessels, restaurants, processors, fish                  the reduction in rock shrimp harvest                  squared) and is not available at finer
                                                  houses, fuel companies, freight                          that may occur as a result of the                     geographic resolution, the expected
                                                  companies, crews, dock workers, etc.)                    proposed expansion of the Oculina                     reduction in snapper-grouper harvest
                                                  will suffer significant economic impacts                 Bank HAPC because available data does                 was based on the assumption that
                                                  if the northern expansion of the Oculina                 not allow for the tabulation of rock                  snapper-grouper harvest is uniformly
                                                  Bank HAPC in Amendment 8 is                              shrimp harvest per tow, and the harvest               distributed over the area in the
                                                  implemented.                                             area is recorded by statistical grid (60              statistical grid and, thus, the reduction
                                                     Response: The northern expansion of                   nautical miles squared). Additionally,                in harvest as a result of the northern
                                                  the Oculina Bank HAPC may have                           the distribution and abundance of rock                expansion of the Oculina Bank HAPC
                                                  adverse economic effects on some                         shrimp in any area is highly variable                 would be proportionate to the amount of
                                                  individual businesses associated with                    from year to year. Although anecdotal                 area in the expansion relative to the area
                                                  the rock shrimp industry; however,                       information made available through                    in the total statistical grid within which
                                                  NMFS disagrees that the industry will                    public comment may suggest higher                     harvest is reported. Although this
                                                  suffer significant economic impacts due                  rock shrimp yields in the northern                    assumption may not capture the actual
                                                  to the variable nature of rock shrimp                    expansion of the Oculina Bank HAPC in                 harvest that has occurred in the
                                                  harvest. The average annual revenue                      2013, sufficient information is not                   proposed expansion area, NMFS has
                                                  from rock shrimp harvest over the                        available to conclude this higher                     determined this assumption is
                                                  period 2007–2012 was $1.92 million                       abundance of rock shrimp will persist or              reasonable.
                                                  (2012 dollars), but ranged from a low of                 that it is more representative of future                 Comment 4: The $189,464 average
                                                  approximately $442,000 in 2007 to a                      conditions than the historic average.                 annual revenue loss estimate for the
                                                  high of approximately $3.89 million in                   Further, it has not been shown that the               proposed northern and western
                                                  2008. In 2012, the most recent year for                  northern expansion of the Oculina Bank                extension to the Oculina Bank HAPC is
                                                  which final data were available at the                   HAPC is the source of substantial rock                too low. Rock shrimp abundance and
                                                  time of completion of Amendment 8,                       shrimp harvest in years when total rock               distribution is extremely variable, and
                                                  the rock shrimp revenue was                              shrimp harvests have been high. In the                only recent information, rather than an
                                                  approximately $501,000. Thus, the                        absence of harvest data per tow, the                  average, should be used in the economic
                                                  economic performance of the industry is                  assessment of the expected reduction in               analysis. The estimated value of the
                                                  quite variable and the associated                        rock shrimp harvest was based on the                  catches in the area was approximately
                                                  businesses, on average, would be                         assumption that rock shrimp harvest is                $1,000,000 for a subset of 6 vessels over
                                                  expected to be economically flexible by                  uniformly distributed over the statistical            a 3-week period in September 2013,
                                                  necessity. For rock shrimp harvesters,                   grid and, thus, the reduction in harvest              which substantially transcends the
                                                  this flexibility is demonstrated by the                  as a result of the northern expansion of              average annual revenue loss of $189,464
                                                  fact that, on average, the majority of                   the Oculina Bank HAPC would be                        for all vessels in the entire fishery over
                                                  annual fishing revenue comes from                        proportionate to the amount of area in                the entire fishing year, as set forth in
                                                  other species. Over the period 2009,                     the expansion relative to the area in the             Amendment 8.
                                                  2010, and 2011, rock shrimp accounted                    total statistical grid within which                      Response: NMFS disagrees that the
                                                  for 27 percent, 22 percent, and 13                       harvest is reported. Although this                    average annual revenue loss estimate for
                                                  percent of the average total fishing                     assumption may not capture the actual                 the proposed northern and western
                                                  revenue per vessel in each year,                         harvest that has occurred in the                      extension to the Oculina Bank HAPC is
                                                  respectively. Comparable data for more                   expansion area, or the potential higher               too low. Because rock shrimp are so
                                                  recent years are not available. For rock                 productivity that may occasionally                    variable over time and space, it is not
                                                  shrimp harvesters, penaeid shrimp                        occur in future years, NMFS has                       appropriate to use only the most recent
                                                  harvested in the South Atlantic was the                  determined this assumption is                         anecdotal information to determine the
                                                  highest revenue species in each year,                    reasonable.                                           socio-economic effects of the proposed
                                                  ranging from 43 percent in 2011 to 63                       Comment 3: Does the analysis use all               action. The Council approved
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  percent in 2009. Additionally, although                  of the existing 678 commercial vessel                 Amendment 8 for review by the
                                                  there are an estimated 104 vessels                       permits for South Atlantic snapper-                   Secretary of Commerce at its September
                                                  permitted to harvest rock shrimp, the                    grouper, or only the vessel logbooks                  2013 meeting. On November 6, 2013,
                                                  number of vessels that actually harvest                  home ported nearest the Amendment 8                   the Council was informed in a letter
                                                  rock shrimp in the South Atlantic is                     proposed expansions of the Oculina                    about high landings of rock shrimp in
                                                  substantially less. During 2009, 2010,                   Bank HAPC areas from Fort Pierce north                the proposed northern extension of the
                                                  and 2011, only 31, 19, and 18 vessels                    to St. Augustine, Florida, or only the                Oculina Bank HAPC. Although
                                                  harvested rock shrimp in the South                       logbooks of the vessels that indicated                anecdotal information made available


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                                                  42426                Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations

                                                  through public comment may suggest                       Section 3 of Amendment 8. It was                      bottom habitat, the Council, at its June
                                                  higher rock shrimp yields in the                         discussed at the November 2012 Habitat                2013 meeting, adopted the Deepwater
                                                  northern extension of the Oculina Bank                   Advisory Panel and the December 2012                  Shrimp Advisory Panel’s
                                                  HAPC in 2013, sufficient information is                  Council meetings that rock shrimp                     recommendation for the modified
                                                  not available for NMFS to conclude a                     fishermen do not trawl on coral or hard-              northern Oculina Bank HAPC extension
                                                  higher abundance will persist and is                     bottom coral habitat, but instead target              alternative, and chose that alternative as
                                                  more representative of future conditions                 rock shrimp on their preferred soft-                  its preferred alternative.
                                                  than the historic average as previously                  bottom habitat where coral is not                        Comment 8: The public was not
                                                  discussed.                                               present.                                              properly notified that a new and
                                                     Comment 5: Amendment 8 is in                             Comment 7: The minutes from the                    significant revision to the proposed
                                                  violation of the National Environmental                  October 2012 Joint Deepwater Shrimp                   closed area under Action 1, Alternative
                                                  Policy Act (NEPA) because Action 1 did                   and Coral Advisory Panels meeting were                2 would be discussed and considered by
                                                  not consider a reasonable range of                       lost. At that meeting, an agreement was               the Habitat Advisory Panel during its
                                                  alternatives. Alternatives 2 and 3 are                   made between a scientist, a member of                 November 2012 meeting. Failure to
                                                  completely distinct from each other and                  Council staff, and the chair of the                   provide timely notice of this new matter
                                                  modify different boundaries of the                       Deepwater Shrimp Advisory Panel to                    on the agenda for the Habitat Advisory
                                                  HAPC, thus Alternative 3 should be a                     develop a new alternative for the                     Panel meeting made it difficult for the
                                                  separate action. Also, Alternative 2 had                 northern Oculina Bank HAPC extension                  Chair of the Deepwater Shrimp
                                                  two sub-alternatives and Alternative 3                   for consideration by the Council.                     Advisory Panel and members of the
                                                  did not have any. Furthermore, the                       Because the minutes from the meeting                  Habitat Advisory Panel to assist in the
                                                  Purpose and Need section of                              were lost, there is no documentation of               collection and evaluation of information
                                                  Amendment 8 is focused on protection                     this agreement. An alternative for the                relevant to the development of the new
                                                  of deepwater coral and does not include                  northern Oculina Bank HAPC extension                  alternative.
                                                  any reference to minimizing, to the                      alternative was later developed without                  Response: The Habitat and
                                                  extent practicable, adverse economic                     the input of the Deepwater Shrimp                     Environmental Protection Advisory
                                                  impacts on the rock shrimp fishery.                      Advisory Panel Chair. Several hours                   Panel Meeting was announced in the
                                                     Response: NMFS disagrees that                         were spent at the October 2012 meeting                Federal Register on October 29, 2012
                                                  Amendment 8 is in violation of NEPA.                     demonstrating and educating the Coral                 (77 FR 65536). The announcement
                                                  While Alternatives 2 and 3 under                         Advisory Panel about rock shrimping,                  stated ‘‘Topics to be addressed at the
                                                  Action 1 consider modifications to the                   the equipment used, and the process                   meeting include: A member workshop
                                                  northern and western boundaries of the                   involved. The Coral Advisory Panel                    on developing the South Atlantic
                                                  Oculina Bank HAPC, respectively, they                    agreed with the Deepwater Shrimp                      Habitat and Ecosystem Atlas and Digital
                                                  fall within the scope of the action which                Advisory Panel that rock shrimp trawls                Dashboard, including the new online
                                                  is to ‘‘Expand Boundaries of the Oculina                 were not harming coral or coral habitats.             Ecospecies System; species research and
                                                  Bank HAPC.’’ Further, NEPA does not                         Response: The Coral and Deepwater                  habitat mapping associated with
                                                  require that the Purpose and Need                        Shrimp Advisory Panels met in Cape                    deepwater marine protected areas;
                                                  include a reference to minimizing                        Canaveral, Florida, on October 18, 2012,              deepwater habitat complexes associated
                                                  economic impacts. According to NEPA,                     and the Chair of the Deepwater Shrimp                 with Coral Habitat Areas of Particular
                                                  biological, economic, social and                         Advisory Panel presented an overview                  Concern (CHAPC) extension proposals;
                                                  administrative impacts of the proposed                   of the rock shrimp fishery. The verbatim              a review of a draft Memorandum of
                                                  actions should be analyzed and                           minutes of that joint meeting were                    Understanding (MOU) between Atlantic
                                                  considered. These analyses in                            partially compromised and are                         Councils on deepwater coral ecosystem
                                                  Amendment 8 used the best scientific                     incomplete because the afternoon                      conservation; a review of other regional
                                                  information available and are included                   session of the joint advisory panel                   partner activities supporting the
                                                  in Chapter 4 of the amendment, and                       meeting was not recorded and                          regional move to ecosystem-based
                                                  were considered by the Council. The                      transcribed, due to an inadvertent,                   management; and consideration of
                                                  Council’s adoption of a                                  technical error. A new alternative for                updates to essential fish habitat policy
                                                  recommendation by their Deepwater                        the northern Oculina Bank HAPC                        statements as needed.’’ Specific
                                                  Shrimp Advisory Panel for modification                   extension, developed by a Council staff               alternatives for actions in amendments
                                                  of the northern extension of the Oculina                 member and a scientist following the                  are not usually contained in agendas for
                                                  Bank HAPC, reduced fishery impacts                       October 2012 Joint Coral and Deepwater                Advisory Panel meetings in Federal
                                                  where traditional fishing activity occurs.               Shrimp Advisory Panel Meeting, was                    Register notices. However, a discussion
                                                  NMFS has determined that Amendment                       brought to the Council at their                       of the actions and alternatives in
                                                  8 and its implementing final rule will be                December 2012 meeting, and the                        Amendment 8 fits within the scope of
                                                  effective in increasing the protection of                Council added this new alternative to                 the agenda and topics announced for
                                                  deepwater coral while minimizing, to                     Amendment 8 at that meeting. The                      discussion at the Habitat Advisory Panel
                                                  the extent practicable, adverse socio-                   Chair of the Deepwater Shrimp                         meeting. Thus, the public was properly
                                                  economic impacts, as required by                         Advisory Panel also attended the                      notified about the Habitat Advisory
                                                  National Standard 8 of the Magnuson-                     December 2012 Council meeting, and he                 Panel Meeting in accordance with
                                                  Stevens Act.                                             indicated that some slight adjustments                section 302(i)(2)(C) of the Magnuson-
                                                     Comment 6: The actions in the                         to the new alternative might be needed.               Stevens Act, and an additional Federal
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                                                  proposed rule indicate the Council and                   During its May 2013 meeting, the                      Register notice was not necessary.
                                                  NMFS may have a misunderstanding of                      Deepwater Shrimp Advisory Panel                          Comment 9: Amendment 8 is not
                                                  how a shrimp trawl works. The type of                    discussed the new alternative, and made               consistent with section 3.2.7 of the
                                                  trawl used to catch rock shrimp is not                   a recommendation to further modify the                Council’s Statement of Organization,
                                                  designed to work in hard rocky bottom.                   boundaries to reduce fishery impacts in               Practices, and Procedures (SOPPs)
                                                     Response: A description of the rock                   the area where traditional fishing                    because the Deepwater Shrimp
                                                  shrimp fishing practices, vessels                        activity occurs. Recognizing that rock                Advisory Panel Chairman was denied
                                                  involved, and gear used can be found in                  shrimpers do not trawl on coral or hard-              the opportunity to make a presentation


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                                                                       Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations                                         42427

                                                  of the issues to be discussed at the                     Oculina Bank HAPC and the                             that area. The new information does not
                                                  November 2012 meeting of the Habitat                     establishment of a transit provision                  justify such a large closure. The Oculina
                                                  Advisory Panel, including a new                          needed to be implemented                              Bank HAPC is sufficiently large to
                                                  alternative for the northern Oculina                     simultaneously. As a result, the final                protect deepwater coral ecosystems.
                                                  Bank HAPC extension for consideration                    rule will establish a provision to allow                 Response: In October 2011, a
                                                  by the Council. This presentation could                  fishing vessels with rock shrimp                      presentation was provided to the
                                                  have been accommodated, at a                             onboard to transit the Oculina Bank                   Council’s Coral Advisory Panel on two
                                                  minimum, during a public comment                         HAPC. The expansion of the Oculina                    new areas of high-relief Oculina coral
                                                  period during the advisory panel                         Bank HAPC and the transit provision                   mounds and hard bottom habitats that
                                                  meeting.                                                 will be effective 30 days after the final             had been discovered north and west of
                                                     Response: Section 3.2.7 of the                        rule publishes.                                       the current boundaries of the Oculina
                                                  Council’s SOPPs states: ‘‘Public                            Comment 12: The Council did not                    Bank HAPC. The locations of these sites
                                                  testimony will be allowed at Council                     consider any other methods to protect                 were originally identified from NOAA
                                                  meetings on all agenda items before the                  deepwater coral habitat in Amendment                  regional bathymetric charts and later
                                                  Council for final action and at advisory                 8 except to expand the HAPCs.                         verified with multibeam sonar, a
                                                  panel (AP) and Scientific and Statistical                   Response: The Council has protected                remotely operated vehicle (ROV) and
                                                  Committee (SSC) meetings on all agenda                   deepwater coral ecosystems through                    submersible video surveys. The sonar
                                                  items. If the agenda does not schedule                   fishing gear restrictions in HAPCs. The               maps and ROV dives confirmed that the
                                                  a time for public testimony, the                         Oculina Bank HAPC was implemented                     high-relief features of the NOAA
                                                  chairperson or presiding officer shall                   in 1984, and the Stetson-Miami Terrace                regional charts were high-relief Oculina
                                                  schedule testimony at an appropriate                     Coral HAPC and the Cape Lookout Coral                 coral mounds. Based on bathymetric
                                                  time during the meeting that is                          HAPC were included in the Coral                       charts, it is estimated that over 100
                                                  consistent with the orderly conduct of                   HAPCs that were implemented in 2010.                  mounds exist in this area. Other
                                                  business.’’ Although the Chair of the                    Within the existing HAPCs, the use of                 observations include gentle slopes
                                                  Deepwater Shrimp Advisory Panel was                      bottom longline, bottom trawl, dredge,                covered with coral rubble, standing
                                                  not provided the opportunity to make a                   pot, or trap, as well as the use of an                dead coral, and sparse live Oculina
                                                  presentation at the Habitat and                          anchor, anchor and chain, or grapple                  coral colonies. Exposed hard bottom
                                                  Environmental Protection Advisory                        and chain is prohibited if on board a                 with 1 to 2 meter relief ledges was
                                                  Panel Meeting, that Chair did provide                    fishing vessel. Within the Coral HAPCs,               observed at the base of some mounds.
                                                  public testimony on issues related to the                the use of a mid-water trawl is also                  Between the mounds and west of the
                                                  northern extension of the Oculina Bank                   prohibited. Fishing for or possessing                 main reef track, the substrate is mostly
                                                  HAPC at the Habitat and Environmental                    rock shrimp or Oculina coral is                       soft sediment but patchy rock pavement
                                                  Protection Advisory Panel Meeting in                     prohibited within the Oculina Bank                    habitat and coral rubble are also present.
                                                  accordance with the Council’s SOPPs,                     HAPC (this rule will allow transit                    Multibeam sonar maps made in 2002
                                                  and with section 302(i)(2)(D) of the                     through the Oculina Bank HAPC for                     and 2005 revealed numerous high-relief
                                                  Magnuson-Stevens Act.                                    rock shrimp fishermen with rock shrimp                coral mounds and hard bottom habitat
                                                     Comment 10: The SSC did not                           onboard their vessel), and fishing for or             that are west of the western Oculina
                                                  provide the Council any meaningful                       possessing coral is prohibited on board               Bank HAPC boundary. A few of these
                                                  scientific advice on the social or                       a fishing vessel in the Coral HAPCs.                  mounds are comprised mostly of coral
                                                  economic impacts of the proposed                         Recent scientific explorations have                   rubble, with live and standing dead
                                                  management measures contained in                         identified areas of high relief features              Oculina. During its 2011 October
                                                  Amendment 8. The SSC was not                             and hard bottom habitat outside the                   meeting, the Coral Advisory Panel
                                                  provided with timely or complete VMS                     boundaries of the existing Oculina Bank               recommended the Council revisit the
                                                  data and other necessary data on the                     HAPC and Coral HAPCs. Deepwater                       boundaries of the Oculina Bank HAPC,
                                                  fishery and the proposed management                      coral are extremely fragile and slow                  Stetson-Miami Terrace Coral HAPC, and
                                                  measures.                                                growing, and any method to protect                    the Cape Lookout Coral HAPC to
                                                     Response: The SSC reviewed and                        deepwater coral must involve                          incorporate these areas of additional
                                                  discussed Amendment 8 at its April                       restrictions on gear that may impact                  deepwater coral habitat that were
                                                  2013 meeting. A report from that                         coral. The Council recommended                        previously uncharacterized. The
                                                  meeting states ‘‘By consensus the                        expansion of existing HAPCs to provide                Council determined that, based on the
                                                  Committee agreed that the proposed                       protection to the newly discovered areas              information provided, extension of the
                                                  actions that modify the CHAPCs                           of deepwater coral. Other options such                HAPCs was appropriate. The NMFS
                                                  succeed in addressing the Purpose and                    as a prohibition to all fishing could have            Southeast Fisheries Science Center
                                                  Need of Amendment 8 and, therefore,                      been considered; however, the Council                 reviewed the amendment and certified
                                                  actions in Amendment 8 are warranted                     determined that prohibiting the use of                that it was based on the best scientific
                                                  to protect coral in these areas.’’                       gear that may impact coral through the                information available. NMFS agrees
                                                     Comment 11: The rock shrimp                           expansion of HAPCs was the most                       with that determination.
                                                  industry requested that a transit                        appropriate method for protecting                        Comment 14: It is not appropriate for
                                                  implementation plan be put in place                      deepwater coral, while minimizing, to                 anchors or drag nets to be used in the
                                                  before the proposed northern extension                   the extent practicable, negative socio-               HAPCs but fishing with hook-and-line
                                                  area of the Oculina Bank HAPC is                         economic impacts.                                     gear should be allowed, because
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                                                  effective, in order to test the transit                     Comment 13: Research dives found                   research has shown hook-and-line
                                                  provision. A serious safety issue will be                only two instances of deepwater coral,                fishing does not create any lasting
                                                  created for shrimpers working offshore                   yet Amendment 8 proposes to close 267                 damage to bottom habitat.
                                                  of a closed area that extends from Ft.                   square miles of historical trawling                      Response: Hook-and-line fishing
                                                  Pierce to St. Augustine without the                      grounds in the northern extension of                  without anchoring in the HAPCs will
                                                  ability to transit the area.                             Oculina Bank HAPC. The Oculina Bank                   not be restricted by this amendment.
                                                     Response: The Council and NMFS                        HAPC should not be expanded                           The management measures contained in
                                                  determined that the expansion of the                     westward as there is no Oculina coral in              this final rule are intended to protect


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                                                  42428                Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations

                                                  deepwater coral ecosystems from gear                     increased algae growth in Oculina Bank,               regarding the proposed increased size of
                                                  than may impact coral. Within the                        however, that is an area for potential                the Oculina Bank HAPC. The proposed
                                                  existing HAPCs, the use of bottom                        research in the future.                               rule and notice of availability for the
                                                  longline, bottom trawl, dredge, pot, or                     Comment 17: It appears that the rock               amendment stated ‘‘the proposed rule
                                                  trap, as well as the use of an anchor,                   shrimp are moving northward due to                    would increase the size of the Oculina
                                                  anchor and chain, or grapple and chain                   changes in climate. The northern                      Bank HAPC by 405.42 square miles
                                                  if on board a fishing vessel is                          expansion of Oculina Bank HAPC will                   (1,050 square km), for a total area of
                                                  prohibited. The use of mid-water trawl                   cut off access to historical northern                 694.42 square miles (1,798.5 square km)
                                                  gear is also prohibited in the Coral                     shrimping grounds and will not protect                . . .’’ This was incorrect. The correction
                                                  HAPCs. Fishing for or possessing rock                    coral.                                                notices explained that the proposed rule
                                                  shrimp or Oculina coral is also                             Response: There are likely many                    would increase the size of the Oculina
                                                  prohibited within the Oculina Bank                       factors that may explain the variability              Bank HAPC by 343.42 square miles
                                                  HAPC (this rule will allow transit                       in rock shrimp abundance and                          (889.5 square km), for a total area of
                                                  through the Oculina Bank HAPC for                        distribution, and climate change may be               632.42 square miles (1,638 square km).
                                                  rock shrimp fishermen with rock shrimp                   one of the factors. Expansion of the                     Comment 20: Amendment 8 is not
                                                  onboard their vessel), and fishing for or                Oculina Bank HAPC may have adverse                    consistent with section 303(b)(2)(C)(iii)
                                                  possessing coral is prohibited on board                  effects on some individual businesses                 of the Magnuson-Steven Act, which
                                                  a fishing vessel in the Coral HAPCs.                     associated with the rock shrimp                       requires that for any closed area, NMFS
                                                     Comment 15: The coordinates                           industry, but is expected to enhance                  must ensure a timetable is established
                                                  (latitude and longitude) published in                    protection to deepwater corals. The                   for review of the closed area’s
                                                  the proposed rule for the Oculina Bank                   northern expansion of Oculina Bank                    performance, consistent with the
                                                  HAPC extension do not match any of                       HAPC is based on recent scientific                    purposes of the closed area.
                                                  the figures in the amendment used to                     information, which indicates deepwater                   Response: Section 303(b)(2)(C)(iii) of
                                                  illustrate the boundaries. The Council                   coral ecosystems occur in the area. This              the Magnuson-Steven Act is applicable
                                                  has never seen a good illustration of the                expansion is expected to reduce                       when a closure prohibits all fishing.
                                                  area where the rock shrimp vessels                       historical fishing in the area by about 5             Because Amendment 8 does not
                                                  operate and the historical fishing                       percent based on VMS data from 2007–                  prohibit all fishing, the requirements of
                                                  grounds (indicated by VMS points) that                   2012.                                                 section 303(b)(2)(C)(iii) of the
                                                  are being eliminated.                                       Comment 18: Expansion of the                       Magnuson-Steven Act are not
                                                     Response: The coordinates in the                      Oculina Bank HAPC, Stetson-Miami                      applicable. Although there are fishing
                                                  amendment and the rule differ slightly                   Terrace Coral HAPC, and Cape Lookout                  gear restrictions in the existing HAPCs
                                                  in the way they are listed but do not                    Coral HAPC could have implications for                and expanded HAPCs, fishing would
                                                  differ functionally. In the amendment,                   green energy development and                          continue to be allowed in the HAPCs
                                                  the latitude and longitude in the figures                exploration in the future.                            with the appropriate gear.
                                                  are in degrees and decimal minutes, and                     Response: NMFS has determined that
                                                                                                           any effects of expansion of the Oculina               Changes From the Proposed Rule
                                                  were converted to degrees, minutes, and
                                                  seconds in the proposed and final rules.                 Bank HAPC, and the Stetson-Miami                         Since publication of the proposed
                                                  This conversion was necessary to                         Terrace or Cape Lookout Coral HAPCs                   rule, NMFS Office for Law Enforcement
                                                  remain consistent with the coordinates                   on the development of green energy or                 (OLE) published a final rule to specify
                                                  contained in the regulations for the                     exploration would be speculative. The                 requirements related to approved VMS
                                                  other CHAPCs. Also, in the amendment,                    Oculina Bank HAPC, Stetson-Miami                      units, which describes the requirements
                                                  the coordinates listed identify the                      Terrace Coral HAPC, and Cape Lookout                  for vendors wishing to provide VMS
                                                  expanded area rather than the entire                     Coral HAPC have been designated as                    units for domestic fisheries (70 FR
                                                  Oculina Bank HAPC, while the                             essential fish habitat (EFH) HAPCs by                 77399, December 24, 2014). NMFS has
                                                  proposed rule lists the coordinates for                  the Council to warrant special                        now determined that the discussion of
                                                  the entire Oculina Bank HAPC,                            protection. Designation as EFH or an                  the VMS requirements in the proposed
                                                  including the new expanded area.                         EFH–HAPC would require that Federal                   rule preamble and economic analysis for
                                                  Figures S–4 and S–6 in Amendment 8                       agencies consult with the NMFS Habitat                Coral Amendment 8 was incorrect. The
                                                  illustrate the northern and western                      Conservation Division, if a Federal                   preamble in the proposed rule stated
                                                  extensions of the Oculina Bank HAPC,                     agency determines its activity or action              that the proposed transit provisions
                                                  and illustrate the VMS points showing                    may adversely affect EFH or the EFH–                  would require that some VMS units
                                                  fishing by rock shrimp vessels operating                 HAPC.                                                 would need to be replaced or would be
                                                  in that area. The Council had sufficient                    Comment 19: There have been many                   required to have software/hardware
                                                  information to make its decision when                    problems with Amendment 8. For                        upgrades to allow transit through the
                                                  they approved Amendment 8. NMFS                          example, NMFS published a correction                  Oculina Bank HAPC with rock shrimp
                                                  will work with the Council to improve                    notice in the Federal Register on July 1,             on board. Estimates of the costs of these
                                                  the illustrations in future amendments.                  2014, noting an error found in the                    upgrades were provided in the proposed
                                                     Comment 16: Instead of expanding                      preamble text for the proposed rule and               rule. However, NMFS has since
                                                  the Oculina Bank HAPC, studies should                    the notice of availability for the                    determined that the VMS units
                                                  be done on increased algae growth on                     amendment, with regard to the actual                  currently operating in the fishery are
                                                  the south end of the Oculina Bank.                       size of the proposed expansion of the                 capable of signaling at a rate of at least
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                                                     Response: The purpose of                              Oculina HAPC.                                         1 ping per 5 minutes, as is required by
                                                  Amendment 8 is to increase protections                      Response: As explained in the                      Amendment 8 and this rule.
                                                  for deepwater coral based on new                         Supplementary Information above,                         Therefore, no replacement units or
                                                  information of deepwater coral                           NMFS published correction notices                     upgrades will likely be necessary for
                                                  resources in the South Atlantic. Studies                 during the comment period for                         fishing vessels with rock shrimp on
                                                  of algae growth in Oculina Bank are                      Amendment 8 and the proposed rule on                  board that choose to transit through the
                                                  outside the scope of this amendment.                     July 1, 2014 (79 FR 37270 and 79 FR                   Oculina Bank HAPC. As a result, the
                                                  There is currently no information on                     37269), to correct an inadvertent error               only costs associated with this final rule


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                                                                       Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations                                          42429

                                                  may be the increased communication                          This rule is expected to directly apply            significantly less than the SBA revenue
                                                  charges if vessels choose to transit                     up to 700 vessels that commercially                   threshold, all these businesses are
                                                  through the closed area with rock                        harvest snapper-grouper species and up                believed to be small business entities.
                                                  shrimp onboard. The maximum charge                       to 104 vessels that commercially harvest                 This rule contains four separate
                                                  for any of the VMS units is $0.06 per                    rock shrimp in the affected areas of the              actions. The first action expands the
                                                  ping, however, the total amount of                       exclusive economic zone (EEZ) in the                  boundaries of the Oculina Bank HAPC
                                                  increased communication charges per                      South Atlantic. Among the vessels that                by 343.42 square miles (889.5 square
                                                  vessel cannot be determined because the                  harvest rock shrimp, an estimated 9                   km), for a total area of 632.42 square
                                                  total cost will depend on how often a                    vessels also harvest royal red shrimp.                miles (1,638 square km). Expansion of
                                                  vessel transits the Oculina Bank HAPC                    Although potentially all vessels in the               the Oculina Bank HAPC is expected to
                                                  and the route the vessel chooses to take                 snapper-grouper commercial sector                     affect vessels that harvest snapper-
                                                  through the HAPC.                                        could potentially be affected, the                    grouper, rock shrimp, and royal red
                                                     In addition, NMFS fixes a spelling                    number of vessels that actually fish in               shrimp because some fishermen have
                                                  mistake in this final rule. This rule                    the affected areas is expected to be                  historically harvested these species in
                                                  changes the spelling of ‘‘Lithotherm’’ to                small, as evidenced by the minimal                    this area and will be prevented by the
                                                  ‘‘Lithoherm’’ in the name of the CHAPC                   economic effects expected to occur as a               expansion from continuing to fish here.
                                                  ‘‘Stetson Reefs, Savannah and East                       result of this rule (described below). The            The expected maximum potential
                                                  Florida Lithoherms, and Miami Terrace                    average vessel involved in commercial                 reduction in total gross revenue from
                                                  Deepwater Coral HAPC’’ in 50 CFR                         snapper-grouper harvest is estimated to               snapper-grouper species as a result of
                                                  622.224(c)(1)(iii).                                      earn approximately $28,700 (2012                      the expansion of the Oculina Bank
                                                                                                           dollars) in annual gross revenue, and                 HAPC is approximately $56,000 (2012
                                                  Classification                                           the average vessel permitted to harvest               dollars), or less than 0.3 percent of the
                                                    The Regional Administrator,                            rock shrimp is estimated to earn                      total average annual revenue received
                                                  Southeast Region, NMFS has                               approximately $20,500 (2012 dollars) in               by South Atlantic commercial fishing
                                                  determined that this final rule is                       annual rock shrimp gross revenue. The                 vessels from snapper-grouper species.
                                                  necessary for the conservation and                       average annual gross revenue for vessels              The expected maximum potential
                                                  management of deepwater coral                            that harvest both rock shrimp and royal               reduction in revenue from snapper-
                                                  resources in the South Atlantic and is                   red shrimp is estimated to be                         grouper species is minimal, and
                                                  consistent with Amendment 8, the FMP,                    approximately $113,000 (2012 dollars).                fishermen may be able to absorb the
                                                  the Magnuson-Stevens Act, and other                      However, although there are an                        reduction or adapt their fishing
                                                  applicable law.                                          estimated 104 vessels permitted to                    practices to the expansion of the
                                                    This final rule has been determined to                 harvest rock shrimp, the number of                    Oculina Bank HAPC and increase their
                                                  be not significant for purposes of                       vessels that actually harvest rock shrimp             fishing effort, and harvest, in other
                                                  Executive Order 12866.                                   in the South Atlantic is substantially                locations to mitigate the impact of the
                                                                                                           less. Over the period 2009–2011, only                 reduction. Additionally, fishermen may
                                                    NMFS prepared a Final Regulatory
                                                                                                           31, 19, and 18 vessels harvested rock                 benefit from spill-over effects (increased
                                                  Flexibility Analysis (FRFA) for this rule.
                                                                                                           shrimp in the South Atlantic in these                 total harvest or more cost-efficient
                                                  The FRFA describes the economic
                                                                                                           years, respectively. Based on sample                  harvest) of the enhanced productivity of
                                                  impact this rule is expected to have on
                                                                                                                                                                 the protected Oculina Bank HAPC.
                                                  small entities. A description of the                     data from these vessels (10 vessels in
                                                                                                                                                                    All vessels that harvest royal red
                                                  action, why it is being considered, and                  2009, 7 vessels in 2010, and 9 vessels
                                                                                                                                                                 shrimp are expected to also harvest rock
                                                  the legal basis for this action are                      in 2011), the average annual total                    shrimp. Royal red shrimp are not
                                                  contained at the beginning of this                       revenue from all fishing activity during              managed in a fishery management plan
                                                  section in the preamble and in the                       these years was approximately $334,000                by the Council, therefore, neither
                                                  SUMMARY section of the preamble. A                       (2012 dollars) in 2009, $725,000 in                   logbooks nor VMS units are required to
                                                  copy of the full analysis is available                   2010, and $629,000 in 2011. More                      harvest royal red shrimp. As a result,
                                                  from NMFS (see ADDRESSES). A                             recent data are not available. NMFS has               NMFS cannot determine with available
                                                  summary of the analysis follows.                         not identified any other small entities               data what portion of the average annual
                                                     The purpose of this rule is to address                that would be expected to be directly                 royal red shrimp harvest may be
                                                  recent discoveries of deepwater coral                    affected by this rule.                                affected by the expansion of the Oculina
                                                  resources and protect deepwater coral                       The Small Business Administration                  Bank HAPC. However, the primary
                                                  ecosystems in the Council’s jurisdiction                 (SBA) has established size criteria for all           effect of the expansion of the Oculina
                                                  from activities that could compromise                    major industry sectors in the United                  Bank HAPC is expected to be on the
                                                  their condition. The Magnuson-Stevens                    States including seafood dealers and                  harvest of rock shrimp and not the
                                                  Act provides the statutory basis for this                harvesters. A business involved in                    harvest of royal red shrimp. This rule is
                                                  rule.                                                    commercial finfish fishing is classified              expected to reduce the total revenue
                                                     Comments on the proposed rule are                     as a small business if it is independently            from rock shrimp for all potentially
                                                  addressed in the comments and                            owned and operated, is not dominant in                affected rock shrimp fishermen by a
                                                  responses section of this final rule and                 its field of operation (including its                 maximum of approximately $189,500
                                                  the changes to the final rule are                        affiliates), and has combined annual                  (2012 dollars).
                                                  discussed in the changes from the                        receipts not in excess of $20.5 million                  Translating this expected reduction in
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                                                  proposed rule section of this final rule.                (NAICS code 114111, Finfish Fishing).                 total revenue to an average reduction
                                                  No changes were made to the rule in                      The receipts threshold for a business                 per vessel is difficult because of the
                                                  response to these comments.                              involved in shrimp fishing is $5.5                    variability in participation in the fishery
                                                     This rule does not include any                        million (NAICS code 114112, Shellfish                 from year-to-year, as well as variability
                                                  reporting or record-keeping                              Fishing). Because the average annual                  in revenue. As discussed above,
                                                  requirements other than those                            gross revenues for the commercial                     significantly more vessels are permitted
                                                  associated with the VMS requirements                     fishing operations expected to be                     to harvest rock shrimp (104 vessels)
                                                  discussed below.                                         directly affected by this rule are                    than harvest rock shrimp (18–31 vessels,


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                                                  42430                Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations

                                                  2009–2011). Compared to the                              vessels), upgrade of units that could                 area, the transit provisions are expected
                                                  performance in each of the years 2009–                   ping at the higher rate if upgraded (57               to reduce operating costs and
                                                  2011, the expected annual total                          vessels), and increased communication                 potentially increase rock shrimp
                                                  reduction in revenue from rock shrimp                    costs (all vessels). These increased costs            revenue by allowing more time to
                                                  as a result of the Oculina Bank HAPC                     were estimated to range from                          harvest rock shrimp from other areas,
                                                  expansion would be approximately 1.8                     approximately $2,795 to $3,595 for the                where permitted.
                                                  percent of the total average annual gross                purchase and installation of a new VMS                   The third action in this rule will
                                                  revenue based on 2009 performance                        unit and approximately $300 per vessel                expand the boundaries of the Stetson-
                                                  (reduction of approximately $6,100 per                   for VMS unit upgrades and associated                  Miami Terrace CHAPC by 490 square
                                                  vessel compared to total average                         shipping costs. Increased                             miles (1,269 square km), for a total area
                                                  revenue of $334,000; 2012 dollars), 1.4                  communication costs were not                          of 24,018 square miles (62,206 square
                                                  percent based on 2010 performance                        estimated because they would depend                   km). Fishing for snapper-grouper
                                                  (reduction of approximately $10,000 per                  on the frequency of transit and, in some              species does not occur normally in this
                                                  vessel compared to total average                         cases, would only increase if the                     area and fishing for other finfish or
                                                  revenue of $725,000; 2012 dollars), and                  resultant total number of pings                       golden crab will not be expected to be
                                                  1.7 percent based on 2011 performance                    exceeded a pre-paid threshold. The                    affected by the expansion of the Stetson-
                                                  (reduction of approximately $10,500 per                  maximum communication charge that                     Miami Terrace CHAPC. This action will
                                                  vessel compared to total average                         has been identified is $0.06 per ping                 also establish a gear haul back/drift zone
                                                  revenue of $629,000; 2012 dollars).                      and the number of pings per transit                   to accommodate the royal red shrimp
                                                  Overall, although the reduction in rock                  should be minimal if a vessel takes the               fishery that occurs in this area. As a
                                                  shrimp revenue as a result of the                        most direct path through the Oculina                  result, this component of the rule is not
                                                  Oculina Bank HAPC expansion may be                       Bank HAPC.                                            expected to reduce the revenue of any
                                                  more than projected, rock shrimp                            Subsequent to publication of the                   small entities.
                                                  accounted for only 27 percent, 22                        proposed rule, however, NMFS                             The fourth action will expand the
                                                  percent, and 13 percent of total fishing                 determined that all of the VMS units                  boundaries of the Cape Lookout CHAPC
                                                  revenue each year over the period 2009,                  operated by the affected rock shrimp                  by 10 square miles (26 square km), for
                                                  2010, and 2011 for vessels harvesting                    vessels are capable of communicating at               a total area of 326 square miles (844
                                                  South Atlantic rock shrimp,                              the higher ping rate. As a result, no                 square km). Similar to the expansion of
                                                  respectively. Penaeid shrimp were the                    vessel that desires to transit through the            the Stetson-Miami Terrace CHAPC,
                                                  highest revenue species in each of these                 Oculina Bank HAPC with rock shrimp                    fishing for snapper-grouper species does
                                                  years. Thus, on average, although the                    on board will be required to purchase a               not occur normally in this area and
                                                                                                           new VMS unit or acquire an upgrade                    fishing for other finfish or golden crab
                                                  revenue from rock shrimp comprises a
                                                                                                           and the only change in costs will be an               is not expected to be affected because of
                                                  substantial portion of total annual
                                                                                                           increase in communication costs.                      the small size of the expansion and
                                                  revenue, available data indicate that
                                                                                                           Despite this increase in communication                availability of nearby areas with similar
                                                  rock shrimp fishermen are more
                                                                                                           costs, any increase will be voluntarily               fishable habitat for these species. As a
                                                  dependent on other species than rock
                                                                                                           incurred because the rule will not                    result, this component of the rule is not
                                                  shrimp. Although the revenue from
                                                                                                           require that vessels transit the Oculina              expected to reduce the revenue of any
                                                  royal red shrimp also may be affected,
                                                                                                           Bank HAPC with rock shrimp on board.                  small entities.
                                                  the economic effects of the proposed                                                                              Among the actions in this rule, only
                                                                                                           The net economic effect per entity of
                                                  expansion of the Oculina Bank HAPC                                                                             the expansion of the Oculina Bank
                                                                                                           transiting is expected to be positive.
                                                  on vessels that harvest royal red shrimp                                                                       HAPC is expected to directly reduce the
                                                                                                           Transit through the Oculina Bank HAPC
                                                  are expected to be minor.                                                                                      revenue of any small entities. Four
                                                                                                           is expected to reduce operating
                                                     The second action establishes transit                 expenses by allowing a vessel to avoid                alternatives, including the no action
                                                  provisions through the Oculina Bank                      time-consuming and costly travel                      status quo alternative, were considered
                                                  HAPC for a vessel with rock shrimp on                    around the area with rock shrimp                      for the expansion of the Oculina Bank
                                                  board. This rule will allow transit                      onboard. Also, revenue may be                         HAPC. Two of these alternatives are
                                                  through the Oculina Bank HAPC by a                       increased if a reduction in travel time               included in this rule. The no action
                                                  vessel with rock shrimp on board if the                  allows longer fishing. Overall, a                     alternative was not adopted because it
                                                  vessel maintains a direct and non-stop                   fisherman will only choose to incur the               would not have achieved the objective
                                                  continuous course at a minimum speed                     increased VMS communication costs                     of increasing the protection of
                                                  of 5 knots (as determined by an                          associated with transit if they conclude              deepwater coral ecosystems in the
                                                  operating VMS approved for the South                     they will receive a net increase in                   Council’s jurisdiction. The second
                                                  Atlantic rock shrimp fishery and the                     economic benefits, regardless of the                  alternative would have increased the
                                                  VMS onboard the vessel registers a VMS                   source of these benefits. As a result, this           area of expansion and, as a result,
                                                  ping (signal) rate of 1 ping per 5                       component of the rule is expected to                  would result in a larger reduction in
                                                  minutes), and the vessel’s gear is                       have a direct positive economic effect                fishing revenue to directly affected
                                                  appropriately stowed (i.e., doors and                    on all affected small entities.                       small entities than this rule. Because the
                                                  nets will be required to be out of water                    Combined, the expected effects of the              other actions considered in this rule
                                                  and onboard the deck or below the deck                   expansion of the Oculina Bank HAPC                    (actions 2–4) would not be expected to
                                                  of the vessel). At the time of publication               and transit provisions for vessels with               result in any negative economic effects
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  of the proposed rule, NMFS expected                      rock shrimp on board are expected to                  on any directly affected small entities,
                                                  that this VMS ping rate, which is more                   range from a minor short term reduction               the issue of significant alternatives to
                                                  frequent than that currently required,                   in the average annual gross revenue                   reduce any significant negative effects is
                                                  would result in increased costs for                      from rock shrimp to a net positive                    not relevant.
                                                  vessels choosing to transit. These costs                 economic effect on the average rock                      This final rule contains collection-of-
                                                  would be associated with the purchase                    shrimp vessel. Although the expansion                 information requirements subject to the
                                                  of new VMS units for vessels with units                  of the Oculina Bank HAPC is expected                  Paperwork Reduction Act (PRA), which
                                                  unable to ping at the higher rate (22                    to reduce rock shrimp revenue from this               have been approved by the Office of


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                                                                                Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations                                             42431

                                                  Management and Budget (OMB) under                              save on fuel and other vessel                         List of Subjects in 50 CFR Part 622
                                                  control number 0648–0205. Since 2003,                          maintenance costs. Therefore, there is                  Coral, CHAPC, Coral reefs, Fisheries,
                                                  NMFS has required VMS be installed                             zero net change in burden costs for this
                                                                                                                                                                       Fishing, Reporting and recordkeeping
                                                  and maintained on commercially                                 data collection.
                                                                                                                                                                       requirements, HAPC, Shrimp, South
                                                  permitted South Atlantic rock shrimp                             These estimates of the public
                                                                                                                 reporting burden include the time for                 Atlantic.
                                                  vessels. NMFS estimates the increased
                                                  VMS ping (signal) rate that would be                           reviewing instructions, gathering and                   Dated: July 14, 2015.
                                                  required would result in increased                             maintaining the data needed, and                      Samuel D. Rauch III,
                                                  communication costs for vessels that                           completing and reviewing the                          Deputy Assistant Administrator for
                                                  choose to transit through the Oculina                          collection-of-information.                            Regulatory Programs, National Marine
                                                  Bank HAPC with rock shrimp onboard.                              Notwithstanding any other provision                 Fisheries Service.
                                                                                                                 of law, no person is required to respond                For the reasons set out in the
                                                  Currently, all vessels actively
                                                                                                                 to, nor shall a person be subject to a                preamble, 50 CFR part 622 is amended
                                                  participating in the rock shrimp fishery
                                                                                                                 penalty for failure to comply with, a                 as follows:
                                                  have a VMS unit and NMFS has
                                                                                                                 collection-of-information subject to the
                                                  determined that all of those VMS units                         requirements of the PRA, unless that
                                                  have the capability to ping at the higher                                                                            PART 622—FISHERIES OF THE
                                                                                                                 collection-of-information displays a                  CARIBBEAN, GULF OF MEXICO, AND
                                                  rate. NMFS estimates the increased                             currently valid OMB control number.
                                                  VMS communications costs for vessels                                                                                 SOUTH ATLANTIC
                                                                                                                   Section 212 of the Small Business
                                                  in the rock shrimp fishery that choose                         Regulatory Enforcement Fairness Act of                ■ 1. The authority citation for part 622
                                                  to transit through the Oculina Bank                            1996 states that, for each rule or group              continues to read as follows:
                                                  HAPC with rock shrimp onboard would                            of related rules for which an agency is
                                                  be a maximum known cost of $0.06 per                                                                                     Authority: 16 U.S.C. 1801 et seq.
                                                                                                                 required to prepare a FRFA, the agency
                                                  ping; however, the total increased                             shall publish one or more guides to                   ■ 2. In § 622.224, paragraphs (b)(1),
                                                  communications charges per vessel per                          assist small entities in complying with               (c)(1)(i), (c)(1)(iii), (c)(3)(i), (c)(3)(ii),
                                                  year cannot be determined because                              the rule, and shall designate such                    (c)(3)(iii), and (c)(3)(iv) are revised to
                                                  these costs will depend on how often                           publications as small entity compliance               read as follows:
                                                  the vessel transits through the Oculina                        guides. As part of the rulemaking
                                                  Bank HAPC. The increased                                       process, NMFS prepared a fishery                      § 622.224 Area closures to protect South
                                                  communication costs will be offset by                          bulletin, which also serves as a small                Atlantic corals.
                                                  reduced travel costs associated with                           entity compliance guide. The fishery                  *     *    *    *    *
                                                  travel around the HAPC to get to and                           bulletin will be sent to all South                      (b) Oculina Bank—(1) HAPC. The
                                                  from the fishing grounds. Allowing                             Atlantic snapper-grouper and South                    Oculina Bank HAPC is bounded by
                                                  transit should increase the amount of                          Atlantic rock shrimp vessel permit                    rhumb lines connecting, in order, the
                                                  time on a trip available for fishing and                       holders.                                              following points:

                                                              Point                        North lat.                                                          West long.

                                                  Origin ......................       29°43′29.82″           80°14′55.27″
                                                  1 ..............................    29°43′30″              80°15′48.24″
                                                  2 ..............................    29°34′51.66″           80°15′00.78″
                                                  3 ..............................    29°34′07.38″           80°15′51.66″
                                                  4 ..............................    29°29′24.9″            80°15′15.78″
                                                  5 ..............................    29°09′32.52″           80°12′17.22″
                                                  6 ..............................    29°04′45.18″           80°10′12″
                                                  7 ..............................    28°56′01.86″           80°07′53.64″
                                                  8 ..............................    28°52′44.4″            80°07′53.04″
                                                  9 ..............................    28°47′28.56″           80°07′07.44″
                                                  10 ............................     28°46′13.68″           80°07′15.9″
                                                  11 ............................     28°41′16.32″           80°05′58.74″
                                                  12 ............................     28°35′05.76″           80°05′14.28″
                                                  13 ............................     28°33′50.94″           80°05′24.6″
                                                  14 ............................     28°30′51.36″           80°04′23.94″
                                                  15 ............................     28°30′00″              80°03′57.3″
                                                  16 ............................     28°30′                 80°03′
                                                  17 ............................     28°16′                 80°03′
                                                  18 ............................     28°04′30″              80°01′10.08″
                                                  19 ............................     28°04′30″              80°00′
                                                  20 ............................     27°30′                 80°00′
                                                  21 ............................     27°30′                 79°54″—Point corresponding with intersection with the 100-fathom (183-m) contour, as shown on
                                                                                                               the latest edition of NOAA chart 11460

                                                         Note: Line between point 21 and point 22 follows the 100-fathom (183-m) contour, as shown on the latest edition of NOAA chart 11460
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  22 ............................     28°30′00″              79°56′56″— Point corresponding with intersection with the 100-fathom (183-m) contour, as shown
                                                                                                               on the latest edition of NOAA chart 11460
                                                  23   ............................   28°30′00″              80°00′46.02″
                                                  24   ............................   28°46′00.84″           80°03′28.5″
                                                  25   ............................   28°48′37.14″           80°03′56.76″
                                                  26   ............................   28°53′18.36″           80°04′48.84″
                                                  27   ............................   29°11′19.62″           80°08′36.9″
                                                  28   ............................   29°17′33.96″           80°10′06.9″
                                                  29   ............................   29°23′35.34″           80°11′30.06″



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                                                  42432                       Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations

                                                             Point                         North lat.                                                                    West long.

                                                  30 ............................   29°30′15.72″               80°12′38.88″
                                                  31 ............................   29°35′55.86″               80°13′41.04″
                                                  Origin ......................     29°43′29.82″               80°14′55.27″



                                                     (i) In the Oculina Bank HAPC, no                                   Point                  North lat.          West long.            Point            North lat.    West long.
                                                  person may:
                                                     (A) Use a bottom longline, bottom                            12   .................     32°19′53″            78°00′49″      78 .................   30°57′15″      79°42′50″
                                                  trawl, dredge, pot, or trap.                                    13   .................     32°18′44″            78°04′35″      79 .................   30°56′09″      79°43′28″
                                                     (B) If aboard a fishing vessel, anchor,                      14   .................     32°17′35″            78°07′48″      80 .................   30°54′49″      79°44′53″
                                                  use an anchor and chain, or use a                               15   .................     32°17′15″            78°10′41″      81 .................   30°53′44″      79°46′24″
                                                  grapple and chain.                                              16   .................     32°15′50″            78°14′09″      82 .................   30°52′47″      79°47′40″
                                                                                                                  17   .................     32°15′20″            78°15′25″      83 .................   30°51′45″      79°48′16″
                                                     (C) Fish for or possess rock shrimp in
                                                                                                                  18   .................     32°12′15″            78°16′37″      84 .................   30°48′36″      79°49′02″
                                                  or from the Oculina Bank HAPC, except                           19   .................     32°10′26″            78°18′09″      85 .................   30°45′24″      79°49′55″
                                                  a shrimp vessel with a valid commercial                         20   .................     32°04′42″            78°21′27″      86 .................   30°41′36″      79°51′31″
                                                  vessel permit for rock shrimp that                              21   .................     32°03′41″            78°24′07″      87 .................   30°38′38″      79°52′23″
                                                  possesses rock shrimp may transit                               22   .................     32°04′58″            78°29′19″      88 .................   30°37′00″      79°52′37.2″
                                                  through the Oculina Bank HAPC if                                23   .................     32°06′59″            78°30′48″      89 .................   30°37′00″      80°05′00″
                                                  fishing gear is appropriately stowed. For                       24   .................     32°09′27″            78°31′31″      90 .................   30°34′6.42″    80°05′54.96″
                                                  the purpose of this paragraph, transit                          25   .................     32°11′23″            78°32′47″      91 .................   30°26′59.94″   80°07′41.22″
                                                                                                                  26   .................     32°13′09″            78°34′04″      92 .................   30°23′53.28″   80°08′8.58″
                                                  means a direct and non-stop continuous
                                                                                                                  27   .................     32°14′08″            78°34′36″      93 .................   30°19′22.86″   80°09′22.56″
                                                  course through the area, maintaining a                          28   .................     32°12′48″            78°36′34″      94 .................   30°13′17.58″   80°11′15.24″
                                                  minimum speed of five knots as                                  29   .................     32°13′07″            78°39′07″      95 .................   30°07′55.68″   80°12′19.62″
                                                  determined by an operating VMS and a                            30   .................     32°14′17″            78°40′01″      96 .................   30°00′00″      80°13′00″
                                                  VMS minimum ping rate of 1 ping per                             31   .................     32°16′20″            78°40′18″      97 .................   30°00′9″       80°09′30″
                                                  5 minutes; fishing gear appropriately                           32   .................     32°16′33″            78°42′32″      98 .................   30°03′00″      80°09′30″
                                                  stowed means that doors and nets are                            33   .................     32°14′26″            78°43′23″      99 .................   30°03′00″      80°06′00″
                                                  out of the water and onboard the deck                           34   .................     32°11′14″            78°45′42″      100 ...............    30°04′00″      80°02′45.6″
                                                  or below the deck of the vessel.                                35   .................     32°10′19″            78°49′08″      101 ...............    29°59′16″      80°04′11″
                                                                                                                  36   .................     32°09′42″            78°52′54″      102 ...............    29°49′12″      80°05′44″
                                                     (ii) [Reserved]
                                                                                                                  37   .................     32°08′15″            78°56′11″      103 ...............    29°43′59″      80°06′24″
                                                  *       *     *    *     *                                      38   .................     32°05′00″            79°00′30″      104 ...............    29°38′37″      80°06′53″
                                                     (c) * * *                                                    39   .................     32°01′54″            79°02′49″      105 ...............    29°36′54″      80°07′18″
                                                     (1) * * *                                                    40   .................     31°58′40″            79°04′51″      106 ...............    29°31′59″      80°07′32″
                                                     (i) Cape Lookout Lophelia Banks is                           41   .................     31°56′32″            79°06′48″      107 ...............    29°29′14″      80°07′18″
                                                  bounded by rhumb lines connecting, in                           42   .................     31°53′27″            79°09′18″      108 ...............    29°21′48″      80°05′01″
                                                  order, the following points:                                    43   .................     31°50′56″            79°11′29″      109 ...............    29°20′25″      80°04′29″
                                                                                                                  44   .................     31°49′07″            79°13′35″      110 ...............    29°08′00″      79°59′43″
                                                      Point                North lat.            West long.       45   .................     31°47′56″            79°16′08″      111 ...............    29°06′56″      79°59′07″
                                                                                                                  46   .................     31°47′11″            79°16′30″      112 ...............    29°05′59″      79°58′44″
                                                  Origin .......      34°24′36.996″            75°45′10.998″      47   .................     31°46′29″            79°16′25″      113 ...............    29°03′34″      79°57′37″
                                                  1 ...............   34°23′28.998″            75°43′58.002″      48   .................     31°44′31″            79°17′24″      114 ...............    29°02′11″      79°56′59″
                                                  2 ...............   34°27′00″                75°41′45″          49   .................     31°43′20″            79°18′27″      115 ...............    29°00′00″      79°55′32″
                                                  3 ...............   34°27′54″                75°42′45″          50   .................     31°42′26″            79°20′41″      116 ...............    28°56′55″      79°54′22″
                                                  Origin .......      34°24′36.996″            75°45′10.998″      51   .................     31°41′09″            79°22′26″      117 ...............    28°55′00″      79°53′31″
                                                                                                                  52   .................     31°39′36″            79°23′59″      118 ...............    28°53′35″      79°52′51″
                                                  *      *     *    *     *                                       53   .................     31°37′54″            79°25′29″      119 ...............    28°51′47″      79°52′07″
                                                    (iii) Stetson Reefs, Savannah and East                        54   .................     31°35′57″            79°27′14″      120 ...............    28°50′25″      79°51′27″
                                                                                                                  55   .................     31°34′14″            79°28′24″      121 ...............    28°49′53″      79°51′20″
                                                  Florida Lithoherms, and Miami Terrace                           56   .................     31°31′08″            79°29′59″      122 ...............    28°49′01″      79°51′20″
                                                  (Stetson-Miami Terrace) is bounded                              57   .................     31°30′26″            79°29′52″      123 ...............    28°48′19″      79°51′10″
                                                  by—                                                             58   .................     31°29′11″            79°30′11″      124 ...............    28°47′13″      79°50′59″
                                                    (A) Rhumb lines connecting, in order,                         59   .................     31°27′58″            79°31′41″      125 ...............    28°43′30″      79°50′36″
                                                  the following points:                                           60   .................     31°27′06″            79°32′08″      126 ...............    28°41′05″      79°50′04″
                                                                                                                  61   .................     31°26′22″            79°32′48″      127 ...............    28°40′27″      79°50′07″
                                                        Point                 North lat.         West long.       62   .................     31°24′21″            79°33′51″      128 ...............    28°39′50″      79°49′56″
                                                                                                                  63   .................     31°22′53″            79°34′41″      129 ...............    28°39′04″      79°49′58″
                                                  Origin ............      at outer             79°00′00″         64   .................     31°21′03″            79°36′01″      130 ...............    28°36′43″      79°49′35″
                                                                             boundary                             65   .................     31°20′00″            79°37′12″      131 ...............    28°35′01″      79°49′24″
                                                                             of EEZ                               66   .................     31°18′34″            79°38′15″      132 ...............    28°30′37″      79°48′35″
                                                  1 ...................    31°23′37″            79°00′00″         67   .................     31°16′49″            79°38′36″      133 ...............    28°14′00″      79°46′20″
                                                  2 ...................    31°23′37″            77°16′21″         68   .................     31°13′06″            79°38′19″      134 ...............    28°11′41″      79°46′12″
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  3 ...................    32°38′37″            77°16′21″         70   .................     31°11′04″            79°38′39″      135 ...............    28°08′02″      79°45′45″
                                                  4 ...................    32°38′21″            77°34′06″         70   .................     31°09′28″            79°39′09″      136 ...............    28°01′20″      79°45′20″
                                                  5 ...................    32°35′24″            77°37′54″         71   .................     31°07′44″            79°40′21″      137 ...............    27°58′13″      79°44′51″
                                                  6 ...................    32°32′18″            77°40′26″         72   .................     31°05′53″            79°41′27″      138 ...............    27°56′23″      79°44′53″
                                                  7 ...................    32°28′42″            77°44′10″         73   .................     31°04′40″            79°42′09″      139 ...............    27°49′40″      79°44′25″
                                                  8 ...................    32°25′51″            77°47′43″         74   .................     31°02′58″            79°42′28″      140 ...............    27°46′27″      79°44′22″
                                                  9 ...................    32°22′40″            77°52′05″         75   .................     31°01′03″            79°42′40″      141 ...............    27°42′00″      79°44′33″
                                                  10 .................     32°20′58″            77°56′29″         76   .................     30°59′50″            79°42′43″      142 ...............    27°36′08″      79°44′58″
                                                  11 .................     32°20′30″            77°57′50″         77   .................     30°58′27″            79°42′43″      143 ...............    27°30′00″      79°45′29″



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                                                                               Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations                                                          42433

                                                        Point                  North lat.         West long.             Point                 North lat.          West long.            Point             North lat.    West long.

                                                  144    ...............    27°29′04″           79°45′47″          21 .................      29°49′12″            80°04′35″      8 ...................   27°42′00″      79°44′33″
                                                  145    ...............    27°27′05″           79°45′54″          22 .................      29°59′16″            80°03′01″      9 ...................   27°36′08″      79°44′58″
                                                  146    ...............    27°25′47″           79°45′57″          23 .................      30°06′30″            80°00′53″      10 .................    27°30′00″      79°45′29″
                                                  147    ...............    27°19′46″           79°45′14″          Origin ............       30°06′30″            80°02′2.4″     11 .................    27°29′04″      79°45′47″
                                                  148    ...............    27°17′54″           79°45′12″                                                                        12 .................    27°27′05″      79°45′54″
                                                  149    ...............    27°12′28″           79°45′00″            (ii) Shrimp access area 2 is bounded                        13 .................    27°25′47″      79°45′57″
                                                  150    ...............    27°07′45″           79°46′07″          by rhumb lines connecting, in order, the                      14 .................    27°19′46″      79°45′14″
                                                  151    ...............    27°04′47″           79°46′29″          following points:                                             15 .................    27°17′54″      79°45′12″
                                                  152    ...............    27°00′43″           79°46′39″                                                                        16 .................    27°12′28″      79°45′00″
                                                  153    ...............    26°58′43″           79°46′28″                                                                        17 .................    27°07′45″      79°46′07″
                                                                                                                         Point                 North lat.          West long.
                                                  154    ...............    26°57′06″           79°46′32″                                                                        18 .................    27°04′47″      79°46′29″
                                                  155    ...............    26°49′58″           79°46′54″          Origin ............       29°08′00″            79°59′43″      19 .................    27°00′43″      79°46′39″
                                                  156    ...............    26°48′58″           79°46′56″          1 ...................     29°06′56″            79°59′07″      20 .................    26°58′43″      79°46′28″
                                                  157    ...............    26°47′01″           79°47′09″          2 ...................     29°05′59″            79°58′44″      21 .................    26°57′06″      79°46′32″
                                                  158    ...............    26°46′04″           79°47′09″          3 ...................     29°03′34″            79°57′37″      22 .................    26°57′06″      79°44′52″
                                                  159    ...............    26°35′09″           79°48′01″          4 ...................     29°02′11″            79°56′59″      23 .................    26°58′43″      79°44′47″
                                                  160    ...............    26°33′37″           79°48′21″          5 ...................     29°00′00″            79°55′32″      24 .................    27°00′43″      79°44′58″
                                                  161    ...............    26°27′56″           79°49′09″          6 ...................     28°56′55″            79°54′22″      25 .................    27°04′47″      79°44′48″
                                                  162    ...............    26°25′55″           79°49′30″          7 ...................     28°55′00″            79°53′31″      26 .................    27°07′45″      79°44′26″
                                                  163    ...............    26°21′05″           79°50′03″          8 ...................     28°53′35″            79°52′51″      27 .................    27°12′28″      79°43′19″
                                                  164    ...............    26°20′30″           79°50′20″          9 ...................     28°51′47″            79°52′07″      28 .................    27°17′54″      79°43′31″
                                                  165    ...............    26°18′56″           79°50′17″          10 .................      28°50′25″            79°51′27″      29 .................    27°19′46″      79°43′33″
                                                  166    ...............    26°16′19″           79°54′06″          11 .................      28°49′53″            79°51′20″      30 .................    27°25′47″      79°44′15″
                                                  167    ...............    26°13′48″           79°54′48″          12 .................      28°49′01″            79°51′20″      31 .................    27°27′05″      79°44′12″
                                                  168    ...............    26°12′19″           79°55′37″          13 .................      28°48′19″            79°51′10″      32 .................    27°29′04″      79°44′06″
                                                  169    ...............    26°10′57″           79°57′05″          14 .................      28°47′13″            79°50′59″      33 .................    27°30′00″      79°43′48″
                                                  170    ...............    26°09′17″           79°58′45″          15 .................      28°43′30″            79°50′36″      34 .................    27°30′00″      79°44′22″
                                                  171    ...............    26°07′11″           80°00′22″          16 .................      28°41′05″            79°50′04″      35 .................    27°36′08″      79°43′50″
                                                  172    ...............    26°06′12″           80°00′33″          17 .................      28°40′27″            79°50′07″      36 .................    27°42′00″      79°43′25″
                                                  173    ...............    26°03′26″           80°01′02″          18 .................      28°39′50″            79°49′56″      37 .................    27°46′27″      79°43′14″
                                                  174    ...............    26°00′35″           80°01′13″          19 .................      28°39′04″            79°49′58″      38 .................    27°49′40″      79°43′17″
                                                  175    ...............    25°49′10″           80°00′38″          20 .................      28°36′43″            79°49′35″      39 .................    27°56′23″      79°43′45″
                                                  176    ...............    25°48′30″           80°00′23″          21 .................      28°35′01″            79°49′24″      40 .................    27°58′13″      79°43′43″
                                                  177    ...............    25°46′42″           79°59′14″          22 .................      28°30′37″            79°48′35″      41 .................    28°01′20″      79°44′11″
                                                  178    ...............    25°27′28″           80°02′26″                                                                        42 .................    28°04′42″      79°44′25″
                                                                                                                   23 .................      28°30′37″            79°47′27″
                                                  179    ...............    25°24′06″           80°01′44″                                                                        43 .................    28°08′02″      79°44′37″
                                                                                                                   24 .................      28°35′01″            79°48′16″
                                                  180    ...............    25°21′04″           80°01′27″                                                                        44 .................    28°11′41″      79°45′04″
                                                                                                                   25 .................      28°36′43″            79°48′27″
                                                  181    ...............    25°21′04″           at outer                                                                         45 .................    28°14′00″      79°45′12″
                                                                                                                   26 .................      28°39′04″            79°48′50″
                                                                                                  boundary                                                                       Origin ............     28°14′00″      79°46′20″
                                                                                                                   27 .................      28°39′50″            79°48′48″
                                                                                                  of EEZ
                                                                                                                   28 .................      28°40′27″            79°48′58″
                                                                                                                   29 .................      28°41′05″            79°48′56″        (iv) Shrimp access area 4 is bounded
                                                    (B) The outer boundary of the EEZ in                           30 .................      28°43′30″            79°49′28″      by rhumb lines connecting, in order, the
                                                  a northerly direction from Point 181 to                          31 .................      28°47′13″            79°49′51″      following points:
                                                  the Origin.                                                      32 .................      28°48′19″            79°50′01″
                                                  *     *     *    *     *                                         33 .................      28°49′01″            79°50′13″              Point             North lat.    West long.
                                                    (3) * * *                                                      34 .................      28°49′53″            79°50′12″
                                                    (i) Shrimp access area 1 is bounded                            35 .................      28°50′25″            79°50′17″      Origin ............     26°49′58″      79°46′54″
                                                  by rhumb lines connecting, in order, the                         36 .................      28°51′47″            79°50′58″      1 ...................   26°48′58″      79°46′56″
                                                  following points:                                                37 .................      28°53′35″            79°51′43″      2 ...................   26°47′01″      79°47′09″
                                                                                                                   38 .................      28°55′00″            79°52′22″      3 ...................   26°46′04″      79°47′09″
                                                                                                                   39 .................      28°56′55″            79°53′14″      4 ...................   26°35′09″      79°48′01″
                                                        Point                  North lat.         West long.
                                                                                                                   40 .................      29°00′00″            79°54′24″      5 ...................   26°33′37″      79°48′21″
                                                                                                                   41 .................      29°02′11″            79°55′50″      6 ...................   26°27′56″      79°49′09″
                                                  Origin ............       30°06′30″           80°02′2.4″
                                                  1 ...................     30°06′30″           80°05′39.6″        42 .................      29°03′34″            79°56′29″      7 ...................   26°25′55″      79°49′30″
                                                  2 ...................     30°03′00″           80°09′30″          43 .................      29°05′59″            79°57′35″      8 ...................   26°21′05″      79°50′03″
                                                  3 ...................     30°03′00″           80°06′00″          44 .................      29°06′56″            79°57′59″      9 ...................   26°20′30″      79°50′20″
                                                  4 ...................     30°04′00″           80°02′45.6″        45 .................      29°08′00″            79°58′34″      10 .................    26°18′56″      79°50′17″
                                                  5 ...................     29°59′16″           80°04′11″          Origin ............       29°08′00″            79°59′43″      11 .................    26°18′56″      79°48′37″
                                                  6 ...................     29°49′12″           80°05′44″                                                                        12 .................    26°20′30″      79°48′40″
                                                  7 ...................     29°43′59″           80°06′24″            (iii) Shrimp access area 3 is bounded                       13 .................    26°21′05″      79°48′08″
                                                  8 ...................     29°38′37″           80°06′53″          by rhumb lines connecting, in order, the                      14 .................    26°25′55″      79°47′49″
                                                  9 ...................     29°36′54″           80°07′18″          following points:                                             15 .................    26°27′56″      79°47′29″
                                                  10 .................      29°31′59″           80°07′32″                                                                        16 .................    26°33′37″      79°46′40″
                                                  11 .................      29°29′14″           80°07′18″                Point                 North lat.          West long.    17 .................    26°35′09″      79°46′20″
                                                                                                                                                                                 18 .................    26°46′04″      79°45′28″
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  12 .................      29°21′48″           80°05′01″
                                                  13 .................      29°20′25″           80°04′29″          Origin ............       28°14′00″            79°46′20″      19 .................    26°47′01″      79°45′28″
                                                  14 .................      29°20′25″           80°03′11″          1 ...................     28°11′41″            79°46′12″      20 .................    26°48′58″      79°45′15″
                                                  15 .................      29°21′48″           80°03′52″          2 ...................     28°08′02″            79°45′45″      21 .................    26°49′58″      79°45′13″
                                                  16 .................      29°29′14″           80°06′08″          3 ...................     28°01′20″            79°45′20″      Origin ............     26°49′58″      79°46′54″
                                                  17 .................      29°31′59″           80°06′23″          4 ...................     27°58′13″            79°44′51″
                                                  18 .................      29°36′54″           80°06′00″          5 ...................     27°56′23″            79°44′53″      *        *        *       *      *
                                                  19 .................      29°38′37″           80°05′43″          6 ...................     27°49′40″            79°44′25″      [FR Doc. 2015–17617 Filed 7–16–15; 8:45 am]
                                                  20 .................      29°43′59″           80°05′14″          7 ...................     27°46′27″            79°44′22″      BILLING CODE 3510–22–P




                                             VerDate Sep<11>2014           17:58 Jul 16, 2015   Jkt 235001   PO 00000   Frm 00061          Fmt 4700   Sfmt 9990    E:\FR\FM\17JYR1.SGM    17JYR1



Document Created: 2018-02-23 09:21:26
Document Modified: 2018-02-23 09:21:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective August 17, 2015.
ContactKarla Gore, Southeast Regional Office, telephone: 727-824-5305.
FR Citation80 FR 42423 
RIN Number0648-BD81
CFR AssociatedCoral; Chapc; Coral Reefs; Fisheries; Fishing; Reporting and Recordkeeping Requirements; Hapc; Shrimp and South Atlantic

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