80_FR_74940 80 FR 74711 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15

80 FR 74711 - 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 229 (November 30, 2015)

Page Range74711-74712
FR Document2015-30214

NMFS issues 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 final rule revises the FMP framework procedures to streamline the process for changing certain regulations affecting the shrimp fishery. Additionally, Amendment 15 implements changes to the FMP that revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp. The purpose of this rule and Amendment 15 is 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 229 (Monday, November 30, 2015) 
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74711-74712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30214]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150302204-5999-02]
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: Final rule.

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SUMMARY: NMFS issues 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 final rule revises the FMP framework 
procedures to streamline the process for changing certain regulations 
affecting the shrimp fishery. Additionally, Amendment 15 implements 
changes to the FMP that revise the maximum sustainable yield (MSY), 
overfishing threshold, and overfished threshold definitions and values 
for three species of penaeid shrimp. The purpose of this rule and 
Amendment 15 is 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: This rule is effective December 30, 2015.

ADDRESSES: 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: [email protected].

SUPPLEMENTARY INFORMATION: The shrimp fishery in the Gulf is managed 
under the FMP. The FMP was prepared by the Council and implemented 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    On August 12, 2015, NMFS published a notice of availability for 
Amendment 15 and requested public comment (80 FR 48285). On August 25, 
NMFS published a proposed rule for Amendment 15 and requested public 
comment (80 FR 51523). The proposed rule and Amendment 15 outline the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by Amendment 15 and this final rule is provided 
below.

Management Measure Contained in This Final Rule

    This final rule revises the FMP framework procedures at 50 CFR 
622.60(a) and (b) to allow for modification of accountability measures 
under the standard documentation process of the open framework 
procedure. Also, this final rule removes outdated terminology from the 
regulations, such as ``total allowable catch,'' and removes 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 Annual Catch Limits and Accountability Measures Amendment 
(76 FR 82044, December 29, 2011). The transfer at sea text was never 
intended by the Council to be included in the list of framework 
procedures when they were revised in 2011, but were included as a 
result of an error by NMFS during that rulemaking.

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 codified. Amendment 15 revises the MSY, 
the overfishing threshold, and the overfished threshold definitions and 
values for penaeid shrimp stocks (brown, white, and pink shrimp).
    The criteria and values for MSY, the overfishing threshold, and the 
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 that 
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.

[[Page 74712]]

Amendment 15 modifies stock status determination criteria to match the 
biomass-based output of the stock synthesis model. These revisions to 
the penaeid shrimp stock status criteria are expected to cause little 
to no change to the biological, physical, or ecological environments 
because these changes are only to the stock status reference points and 
therefore will not have a direct impact on the actual harvest of 
penaeid shrimp.

Comments and Responses

    No substantive comments were received on either Amendment 15 or the 
proposed rule. One comment was received from a Federal agency that 
stated that it had no comment on the proposed rule or on Amendment 15.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 15, the FMP, the 
Magnuson-Stevens Act, and other applicable law. This final rule has 
been determined to be not significant for purposes of Executive Order 
12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Shrimp.

    Dated: November 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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.  622.60, 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. 2015-30214 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations 74711 golden tilefish would apply regardless DEPARTMENT OF COMMERCE On August 12, 2015, NMFS published of whether the fish are harvested in state a notice of availability for Amendment or Federal waters, as specified in 50 National Oceanic and Atmospheric 15 and requested public comment (80 CFR 622.190(c)(1)(ii). Administration FR 48285). On August 25, NMFS published a proposed rule for Classification 50 CFR Part 622 Amendment 15 and requested public [Docket No. 150302204–5999–02] comment (80 FR 51523). The proposed The Regional Administrator, rule and Amendment 15 outline the Southeast Region, NMFS, has RIN 0648–BE93 rationale for the actions contained in determined this temporary rule is this final rule. A summary of the actions necessary for the conservation and Fisheries of the Caribbean, Gulf of implemented by Amendment 15 and management of South Atlantic golden Mexico, and South Atlantic; Shrimp this final rule is provided below. tilefish and is consistent with the Fishery of the Gulf of Mexico; Magnuson-Stevens Act and other Amendment 15 Management Measure Contained in applicable laws. This Final Rule AGENCY: National Marine Fisheries This action is taken under 50 CFR Service (NMFS), National Oceanic and This final rule revises the FMP 622.193(a)(1) and is exempt from review Atmospheric Administration (NOAA), framework procedures at 50 CFR under Executive Order 12866. Commerce. 622.60(a) and (b) to allow for ACTION: Final rule. modification of accountability measures These measures are exempt from the under the standard documentation procedures of the Regulatory Flexibility SUMMARY: NMFS issues regulations to process of the open framework Act because the temporary rule is issued implement Amendment 15 to the procedure. Also, this final rule removes without opportunity for prior notice and Fishery Management Plan for the outdated terminology from the comment. Shrimp Fishery of the Gulf of Mexico regulations, such as ‘‘total allowable This action responds to the best (FMP), as prepared and submitted by catch,’’ and removes the phrase scientific information available. The the Gulf of Mexico (Gulf) Fishery ‘‘transfer at sea provisions’’ from the list Assistant Administrator for Fisheries, Management Council (Council). This of framework procedures because this final rule revises the FMP framework phrase was inadvertently included in NOAA (AA), finds that the need to procedures to streamline the process for the final rule for the Generic Annual immediately implement this action to changing certain regulations affecting Catch Limits and Accountability close the commercial hook-and-line Measures Amendment (76 FR 82044, the shrimp fishery. Additionally, component for golden tilefish December 29, 2011). The transfer at sea Amendment 15 implements changes to constitutes good cause to waive the the FMP that revise the maximum text was never intended by the Council requirements to provide prior notice sustainable yield (MSY), overfishing to be included in the list of framework and opportunity for public comment threshold, and overfished threshold procedures when they were revised in pursuant to the authority set forth in 5 definitions and values for three species 2011, but were included as a result of U.S.C. 553(b)(B), as such procedures are of penaeid shrimp. The purpose of this an error by NMFS during that unnecessary and contrary to the public rule and Amendment 15 is to streamline rulemaking. interest. Such procedures are the management process for Gulf shrimp Additional Measures Contained in unnecessary because the rule itself has stocks and to revise criteria for Amendment 15 been subject to notice and comment, determining the overfished and and all that remains is to notify the overfishing status of each penaeid Amendment 15 also contains actions public of the closure. Such procedures shrimp stock using the best available that are not being codified in the are contrary to the public interest science. regulations, but guide the Council and because the capacity of the fishing fleet NMFS in establishing other DATES: This rule is effective December allows for rapid harvest of the management measures, which are 30, 2015. codified. Amendment 15 revises the commercial ACL for the hook-and-line ADDRESSES: Electronic copies of MSY, the overfishing threshold, and the component, and there is a need to Amendment 15, which includes an overfished threshold definitions and immediately implement this action to environmental assessment, a Regulatory values for penaeid shrimp stocks protect golden tilefish. Prior notice and Flexibility Act analysis, and a regulatory (brown, white, and pink shrimp). opportunity for public comment would impact review, may be obtained from The criteria and values for MSY, the require time and could potentially result the Southeast Regional Office Web site overfishing threshold, and the in a harvest well in excess of the at http://sero.nmfs.noaa.gov/ overfished threshold for penaeid shrimp established commercial ACL for the sustainable_fisheries/gulf_fisheries/ were established in Amendment 13 to hook-and-line component. shrimp/2015/Am%2015/index.html. the FMP (71 FR 56039, September 26, FOR FURTHER INFORMATION CONTACT: 2006). Historically, Gulf penaeid shrimp For the aforementioned reasons, the Susan Gerhart, telephone: 727–824– stocks were assessed with a virtual AA also finds good cause to waive the 5305, or email: Susan.Gerhart@ population analysis (VPA), which 30-day delay in the effectiveness of this noaa.gov. action under 5 U.S.C. 553(d)(3). reported output in terms of number of SUPPLEMENTARY INFORMATION: The parents. However, the 2007 pink shrimp Authority: 16 U.S.C. 1801 et seq. shrimp fishery in the Gulf is managed stock assessment VPA incorrectly jstallworth on DSK7TPTVN1PROD with RULES Dated: November 24, 2015. under the FMP. The FMP was prepared determined that pink shrimp were Emily H. Menashes, by the Council and implemented undergoing overfishing because the Acting Director, Office of Sustainable through regulations at 50 CFR part 622 model could not accommodate low Fisheries, National Marine Fisheries Service. under the authority of the Magnuson- effort. In 2009, NMFS stock assessment Stevens Fishery Conservation and analysts determined that the stock [FR Doc. 2015–30318 Filed 11–27–15; 8:45 am] Management Act (Magnuson-Stevens synthesis model was the best choice for BILLING CODE 3510–22–P Act). modeling Gulf shrimp populations. VerDate Sep<11>2014 15:17 Nov 27, 2015 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1

74712 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations Amendment 15 modifies stock status PART 622—FISHERIES OF THE DEPARTMENT OF COMMERCE determination criteria to match the CARIBBEAN, GULF OF MEXICO, AND biomass-based output of the stock SOUTH ATLANTIC National Oceanic and Atmospheric synthesis model. These revisions to the Administration penaeid shrimp stock status criteria are ■ 1. The authority citation for part 622 expected to cause little to no change to continues to read as follows: 50 CFR Part 648 the biological, physical, or ecological [Docket No. 150311250–5474–01] environments because these changes are Authority: 16 U.S.C. 1801 et seq. only to the stock status reference points RIN 0648–BE97 ■ 2. In § 622.60, revise paragraphs (a) and therefore will not have a direct and (b) to read as follows: impact on the actual harvest of penaeid Fisheries of the Northeastern United shrimp. § 622.60 Adjustment of management States; Blueline Tilefish Fishery; measures. Secretarial Emergency Action Comments and Responses * * * * * AGENCY: National Marine Fisheries No substantive comments were (a) Gulf penaeid shrimp. For a species Service (NMFS), National Oceanic and received on either Amendment 15 or the or species group: Reporting and Atmospheric Administration (NOAA), proposed rule. One comment was Commerce. monitoring requirements, permitting received from a Federal agency that requirements, size limits, vessel trip ACTION: Temporary rule; emergency stated that it had no comment on the action extended. limits, closed seasons or areas and proposed rule or on Amendment 15. reopenings, quotas (including a quota of SUMMARY: This rule extends emergency Classification zero), MSY (or proxy), OY, management permitting and possession limit parameters such as overfished and regulations for the blueline tilefish The Regional Administrator, overfishing definitions, gear restrictions fishery in waters north of the Virginia/ Southeast Region, NMFS has (ranging from regulation to complete North Carolina border that were determined that this final rule is prohibition), gear markings and implemented on June 4, 2015. This consistent with Amendment 15, the identification, vessel markings and extension is necessary to continue to FMP, the Magnuson-Stevens Act, and identification, allowable biological constrain fishing effort on the blueline other applicable law. This final rule has catch (ABC) and ABC control rules, tilefish stock while a long-term been determined to be not significant for rebuilding plans, restrictions relative to management plan is developed. The purposes of Executive Order 12866. conditions of harvested shrimp rule is expected to reduce fishing The Magnuson-Stevens Act provides (maintaining shrimp in whole mortality and help ensure the long-term the statutory basis for this rule. No sustainability of the stock. condition, use as bait), target effort and duplicative, overlapping, or conflicting DATES: The expiration date of the fishing mortality reduction levels, Federal rules have been identified. In emergency rule published on June 4, addition, no new reporting, record- bycatch reduction criteria, BRD certification and decertification criteria, 2016 (80 FR 31864) is extended through keeping, or other compliance June 3, 2016. requirements are introduced by this BRD testing protocol and certified BRD specifications. ADDRESSES: Copies the Environmental final rule. Assessment and Regulatory Impact The Chief Counsel for Regulation of (b) Gulf royal red shrimp. Reporting Review (EA/RIR) and other supporting the Department of Commerce certified and monitoring requirements, documents for this emergency action are to the Chief Counsel for Advocacy of the permitting requirements, size limits, available from John K. Bullard, Regional Small Business Administration during vessel trip limits, closed seasons or Administrator, NMFS, Greater Atlantic the proposed rule stage that this rule areas and reopenings, annual catch Regional Fisheries Office, 55 Great would not have a significant economic limits (ACLs), annual catch targets Republic Drive, Gloucester, MA, 01930. impact on a substantial number of small (ACTs), quotas (including a quota of The EA/RIR is also accessible via the entities. The factual basis for this zero), accountability measures (AMs), Internet at: http:// determination was published in the MSY (or proxy), OY, management www.greateratlantic.fisheries.noaa.gov/. proposed rule and is not repeated here. parameters such as overfished and FOR FURTHER INFORMATION CONTACT: No comments were received regarding overfishing definitions, gear restrictions Tobey Curtis, Fishery Policy Analyst, the certification and NMFS has not (ranging from regulation to complete (978) 281–9273. received any new information that prohibition), gear markings and SUPPLEMENTARY INFORMATION: would affect its determination. As a identification, vessel markings and result, a final regulatory flexibility identification, ABC and ABC control Background analysis is not required and none was rules, rebuilding plans, and restrictions This temporary final rule extends prepared. relative to conditions of harvested emergency permitting and possession List of Subjects in 50 CFR Part 622 shrimp (maintaining shrimp in whole limit regulations for the blueline tilefish condition, use as bait). (Caulolatilus microps) fishery in the Fisheries, Fishing, Gulf of Mexico, [FR Doc. 2015–30214 Filed 11–27–15; 8:45 am] Greater Atlantic Region (i.e., Federal Shrimp. waters north of the latitude of the BILLING CODE 3510–22–P Dated: November 23, 2015. Virginia/North Carolina border) as jstallworth on DSK7TPTVN1PROD with RULES Eileen Sobeck, described in the original emergency action that published on June 4, 2015 Assistant Administrator for Fisheries, National Marine Fisheries Service. (80 FR 31864). The initial temporary rule was implemented in response to a For the reasons set out in the request for emergency action from the preamble, 50 CFR part 622 is amended Mid-Atlantic Fishery Management as follows: Council. That temporary final rule VerDate Sep<11>2014 15:17 Nov 27, 2015 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1


Document Created: 2018-03-01 11:12:09
Document Modified: 2018-03-01 11:12:09
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 December 30, 2015.
ContactSusan Gerhart, telephone: 727-824- 5305, or email: [email protected]
FR Citation80 FR 74711 
RIN Number0648-BE93
CFR AssociatedFisheries; Fishing; Gulf of Mexico and Shrimp
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