80 FR 51523 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range		51523-51525
FR Document		2015-20954

NMFS proposes regulations to implement Amendment 15 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This rule would revise the FMP framework procedures to streamline the process for changing certain regulations affecting the shrimp fishery. Additionally, this rule proposes changes to the FMP that would revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp. The intent of this proposed rule and Amendment 15 are to streamline the management process for Gulf shrimp stocks and to revise criteria for determining the overfished and overfishing status of each penaeid shrimp stock using the best available science.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)

[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51523-51525]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-20954]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150302204-5204-01]
RIN 0648-BE93

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 15

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 15 to the
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico
(FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery
Management Council (Council). This rule would revise the FMP framework
procedures to streamline the process for changing certain regulations
affecting the shrimp fishery. Additionally, this rule proposes changes
to the FMP that would revise the maximum sustainable yield (MSY),
overfishing threshold, and overfished threshold definitions and values
for three species of penaeid shrimp. The intent of this proposed rule
and Amendment 15 are to streamline the management process for Gulf
shrimp stocks and to revise criteria for determining the overfished and
overfishing status of each penaeid shrimp stock using the best
available science.

DATES: Written comments must be received on or before September 24,
2015.

ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2015-0097'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0097, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Susan Gerhart, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 15, which includes an environmental
assessment, a Regulatory Flexibility Act analysis, and a regulatory
impact review, may be obtained from the Southeast Regional Office Web
site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2015/Am%2015/index.html.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The shrimp fishery in the Gulf is managed
under the FMP. The FMP was prepared by the Council and implemented
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

[[Page 51524]]

Management Measure Contained in This Proposed Rule

This proposed rule would revise the FMP framework procedures at
Sec. 622.60(a) and (b) to allow for modification of accountability
measures under the standard documentation process of the open framework
procedure. Framework procedures for a FMP allow for changes in specific
management measures and parameters that can be made more efficiently
than changes made through a FMP plan amendment. This framework
procedure was first implemented in the Generic Annual Catch Limit (ACL)
Amendment (76 FR 82044, December 29, 2011). Also, this proposed rule
would remove outdated terminology from the regulations, such as ``total
allowable catch,'' and remove the phrase ``transfer at sea provisions''
from the list of framework procedures because this phrase was
inadvertently included in the final rule for the Generic ACL Amendment
(76 FR 82044, December 29, 2011).

Additional Measures Contained in Amendment 15

Amendment 15 also contains actions that are not being codified in
the regulations, but guide the Council and NMFS in establishing other
management measures, which are codifed. Amendment 15 would revise the
MSY, overfishing threshold, and the overfished threshold definitions
and values for penaeid shrimp stocks (brown, white, and pink shrimp).
MSY is the largest average catch that can continuously be taken from a
stock under existing environmental conditions. Overfishing occurs
whenever the rate of removal is too high and jeopardizes the capacity
of a stock or stock complex to produce the MSY on a continuing basis. A
stock or stock complex is considered overfished when its biomass has
declined below the capacity of the stock or stock complex to produce
MSY on a continuing basis.
The criteria and values for MSY, overfishing threshold, and
overfished threshold for penaeid shrimp were established in Amendment
13 to the FMP (71 FR 56039, September 26, 2006). Historically, Gulf
penaeid shrimp stocks were assessed with a virtual population analysis
(VPA), which reported output in terms of number of parents. However,
the 2007 pink shrimp stock assessment VPA incorrectly determined pink
shrimp were undergoing overfishing because the model could not
accommodate low effort. In 2009, NMFS stock assessment analysts
determined that the stock synthesis model was the best choice for
modeling Gulf shrimp populations. Amendment 15 would modify these stock
status determination criteria to match the biomass-based output of the
stock synthesis model, which was deemed a better assessment model for
shrimp by NMFS biologists and the Council's Scientific and Statistical
Committee. These revisions to the penaeid shrimp stock status criteria
are expected to have little to no change in the biological, physical,
or ecological environments because these changes are only to the stock
status reference points and will not have a direct impact on the actual
harvest of penaeid shrimp.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 15, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble
and in the SUMMARY section of the preamble. The Magnuson-Stevens Act
provides the basis for this proposed rule.
This proposed rule is expected to directly affect commercial
fishermen holding valid or renewable Federal Gulf shrimp permits. The
SBA established size criteria for all major industry sectors in the
U.S. including fish harvesters and for-hire operations. A business
involved in shellfish harvesting 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 its combined annual receipts
are not in excess of $5.5 million (NAICS code 114112, shellfish
fishing) for all of its affiliated operations worldwide.
The Federal shrimp permit for the commercial harvest of penaeid
shrimp in the Gulf exclusive economic zone has been under a moratorium
since 2007 (71 FR 56039, September 26, 2006). At the start of the
moratorium, 1,933 vessels qualified for and received the Federal shrimp
permit. Over time, the number of permitted shrimp vessels has declined,
and in 2013 there were 1,546 such permitted vessels.
From 2006 through 2012, an average of 4,757 vessels fished for
shrimp in the Gulf, of which 27 percent were federally permitted
vessels and the rest, non-federally permitted vessels that fished only
in state waters. Despite the fewer number of vessels, federally
permitted vessels accounted for an average of 67 percent of total
shrimp landings and 77 percent of total ex-vessel revenues. A federally
permitted vessel in the Gulf shrimp fishery, on average, generated
revenues from commercial fishing of approximately $254,000 (2012
dollars) annually.
Based on the revenue figures above, all vessels expected to be
directly affected by this proposed rule are determined for the purpose
of this analysis to be small business entities.
The modifications to the MSY, overfishing threshold, and overfished
threshold definitions and values for penaeid shrimp in Amendment 15
would make these parameters consistent with the model currently used in
the stock assessment for penaeid shrimp species. Because modifications
of these parameters would not affect the harvest of shrimp or restrict
the operations of shrimp vessels, no direct economic effects would
ensue from this action within the amendment.
The proposed regulatory change to allow for modification of
accountability measures under the standard documentation process of the
open framework procedure would streamline the process for changing
certain regulations affecting the shrimp fishery. This action would
improve the administrative environment of developing regulations for
the shrimp fishery, but would have no direct economic effects on the
operations of affected shrimp vessels. This rule would also remove
outdated terminology from the regulations, such as ``total allowable
catch,'' and remove the phrase ``transfer at sea provisions'' from the
list of framework procedures to correct an inadvertent error. Both
these change would have no direct economic effects on the operations of
affected shrimp vessels. Therefore, it is expected that the measures
contained in this proposed rule would have no effects on the profits of
any affected shrimp vessels.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced

[[Page 51525]]

by this proposed rule. Accordingly, this rule does not implicate the
Paperwork Reduction Act.
The information provided above supports a determination that this
rule, if implemented, would not have a significant economic impact on a
substantial number of small entities. Because of this determination, an
initial regulatory flexibility analysis is not required and none has
been prepared.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Gulf of Mexico, Shrimp.

Dated: August 19, 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
proposed to be 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. 622.60, revise paragraphs (a) and (b) to read as follows:

Sec. 622.60 Adjustment of management measures.

* * * * *
(a) Gulf penaeid shrimp. For a species or species group: Reporting
and monitoring requirements, permitting requirements, size limits,
vessel trip limits, closed seasons or areas and reopenings, quotas
(including a quota of zero), MSY (or proxy), OY, management parameters
such as overfished and overfishing definitions, gear restrictions
(ranging from regulation to complete prohibition), gear markings and
identification, vessel markings and identification, allowable
biological catch (ABC) and ABC control rules, rebuilding plans,
restrictions relative to conditions of harvested shrimp (maintaining
shrimp in whole condition, use as bait), target effort and fishing
mortality reduction levels, bycatch reduction criteria, BRD
certification and decertification criteria, BRD testing protocol and
certified BRD specifications.
(b) Gulf royal red shrimp. Reporting and monitoring requirements,
permitting requirements, size limits, vessel trip limits, closed
seasons or areas and reopenings, annual catch limits (ACLs), annual
catch targets (ACTs), quotas (including a quota of zero),
accountability measures (AMs), MSY (or proxy), OY, management
parameters such as overfished and overfishing definitions, gear
restrictions (ranging from regulation to complete prohibition), gear
markings and identification, vessel markings and identification, ABC
and ABC control rules, rebuilding plans, and restrictions relative to
conditions of harvested shrimp (maintaining shrimp in whole condition,
use as bait).

[FR Doc. 2015-20954 Filed 8-24-15; 8:45 am]
BILLING CODE 3510-22-P

51524 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules

Management Measure Contained in synthesis model was the best choice for start of the moratorium, 1,933 vessels
This Proposed Rule modeling Gulf shrimp populations. qualified for and received the Federal
This proposed rule would revise the Amendment 15 would modify these shrimp permit. Over time, the number
FMP framework procedures at stock status determination criteria to of permitted shrimp vessels has
§ 622.60(a) and (b) to allow for match the biomass-based output of the declined, and in 2013 there were 1,546
modification of accountability measures stock synthesis model, which was such permitted vessels.
deemed a better assessment model for From 2006 through 2012, an average
under the standard documentation
shrimp by NMFS biologists and the of 4,757 vessels fished for shrimp in the
process of the open framework
Council’s Scientific and Statistical Gulf, of which 27 percent were federally
procedure. Framework procedures for a
Committee. These revisions to the permitted vessels and the rest, non-
FMP allow for changes in specific
penaeid shrimp stock status criteria are federally permitted vessels that fished
management measures and parameters
expected to have little to no change in only in state waters. Despite the fewer
that can be made more efficiently than number of vessels, federally permitted
the biological, physical, or ecological
changes made through a FMP plan vessels accounted for an average of 67
environments because these changes are
amendment. This framework procedure percent of total shrimp landings and 77
only to the stock status reference points
was first implemented in the Generic percent of total ex-vessel revenues. A
and will not have a direct impact on the
Annual Catch Limit (ACL) Amendment federally permitted vessel in the Gulf
actual harvest of penaeid shrimp.
(76 FR 82044, December 29, 2011). Also, shrimp fishery, on average, generated
this proposed rule would remove Classification revenues from commercial fishing of
outdated terminology from the Pursuant to section 304(b)(1)(A) of the approximately $254,000 (2012 dollars)
regulations, such as ‘‘total allowable Magnuson-Stevens Act, the NMFS annually.
catch,’’ and remove the phrase ‘‘transfer Assistant Administrator has determined Based on the revenue figures above,
at sea provisions’’ from the list of that this proposed rule is consistent all vessels expected to be directly
framework procedures because this with Amendment 15, the FMP, other affected by this proposed rule are
phrase was inadvertently included in provisions of the Magnuson-Stevens determined for the purpose of this
the final rule for the Generic ACL Act, and other applicable law, subject to analysis to be small business entities.
Amendment (76 FR 82044, December further consideration after public The modifications to the MSY,
29, 2011). comment. overfishing threshold, and overfished
Additional Measures Contained in This proposed rule has been threshold definitions and values for
Amendment 15 determined to be not significant for penaeid shrimp in Amendment 15
purposes of Executive Order 12866. would make these parameters consistent
Amendment 15 also contains actions The Chief Counsel for Regulation of with the model currently used in the
that are not being codified in the the Department of Commerce certified stock assessment for penaeid shrimp
regulations, but guide the Council and to the Chief Counsel for Advocacy of the species. Because modifications of these
NMFS in establishing other Small Business Administration (SBA) parameters would not affect the harvest
management measures, which are that this rule, if adopted, would not of shrimp or restrict the operations of
codifed. Amendment 15 would revise have a significant economic impact on shrimp vessels, no direct economic
the MSY, overfishing threshold, and the a substantial number of small entities. effects would ensue from this action
overfished threshold definitions and The factual basis for this determination within the amendment.
values for penaeid shrimp stocks is as follows: The proposed regulatory change to
(brown, white, and pink shrimp). MSY A description of this proposed rule, allow for modification of accountability
is the largest average catch that can why it is being considered, and the measures under the standard
continuously be taken from a stock objectives of this proposed rule are documentation process of the open
under existing environmental contained in the preamble and in the framework procedure would streamline
conditions. Overfishing occurs SUMMARY section of the preamble. The the process for changing certain
whenever the rate of removal is too high Magnuson-Stevens Act provides the regulations affecting the shrimp fishery.
and jeopardizes the capacity of a stock basis for this proposed rule. This action would improve the
or stock complex to produce the MSY This proposed rule is expected to administrative environment of
on a continuing basis. A stock or stock directly affect commercial fishermen developing regulations for the shrimp
complex is considered overfished when holding valid or renewable Federal Gulf fishery, but would have no direct
its biomass has declined below the shrimp permits. The SBA established economic effects on the operations of
capacity of the stock or stock complex size criteria for all major industry affected shrimp vessels. This rule would
to produce MSY on a continuing basis. sectors in the U.S. including fish also remove outdated terminology from
The criteria and values for MSY, harvesters and for-hire operations. A the regulations, such as ‘‘total allowable
overfishing threshold, and overfished business involved in shellfish catch,’’ and remove the phrase ‘‘transfer
threshold for penaeid shrimp were harvesting is classified as a small at sea provisions’’ from the list of
established in Amendment 13 to the business if it is independently owned framework procedures to correct an
FMP (71 FR 56039, September 26, and operated, is not dominant in its inadvertent error. Both these change
2006). Historically, Gulf penaeid shrimp field of operation (including its would have no direct economic effects
stocks were assessed with a virtual affiliates), and its combined annual on the operations of affected shrimp
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

population analysis (VPA), which receipts are not in excess of $5.5 million vessels. Therefore, it is expected that the
reported output in terms of number of (NAICS code 114112, shellfish fishing) measures contained in this proposed
parents. However, the 2007 pink shrimp for all of its affiliated operations rule would have no effects on the profits
stock assessment VPA incorrectly worldwide. of any affected shrimp vessels.
determined pink shrimp were The Federal shrimp permit for the No duplicative, overlapping, or
undergoing overfishing because the commercial harvest of penaeid shrimp conflicting Federal rules have been
model could not accommodate low in the Gulf exclusive economic zone has identified. In addition, no new
effort. In 2009, NMFS stock assessment been under a moratorium since 2007 (71 reporting, record-keeping, or other
analysts determined that the stock FR 56039, September 26, 2006). At the compliance requirements are introduced

VerDate Sep<11>2014 16:31 Aug 24, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1

Document Created: 2018-02-23 11:02:49
Document Modified: 2018-02-23 11:02:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Written comments must be received on or before September 24, 2015.
Contact		Susan Gerhart, telephone: 727-824- 5305, or email: [email protected]
FR Citation		80 FR 51523
RIN Number		0648-BE93
CFR Associated		Fisheries; Fishing; Gulf of Mexico and Shrimp

80 FR 51523 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 164 (August 25, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration