81 FR 19547 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 17A
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 65 (April 5, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19547-19548 | |
| FR Document | 2016-07732 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Proposed Rules] [Pages 19547-19548] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07732] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-BF77 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 17A AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) has submitted Amendment 17A to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 17A includes actions to extend the Gulf commercial shrimp permit moratorium and retain the royal red endorsement to the Gulf shrimp permit. DATES: Written comments must be received on or before June 6, 2016. ADDRESSES: You may submit comments on Amendment 17A, identified by ``NOAA-NMFS-2016-0018'' 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-2016-0018, 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 17A, which includes an environmental [[Page 19548]] 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/2016/am17a/index.html. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824- 5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any FMP or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson- Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment. The FMP being revised by Amendment 17A was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. Background In 2002, through Amendment 11 to the FMP, the Council established a Federal commercial open access permit for all vessels harvesting shrimp from federal waters of the Gulf (67 FR 51074, August 7, 2002). Approximately 2,951 vessels had been issued these permits by 2006. After the establishment of the permit, the shrimp fishery experienced economic losses, primarily because of high fuel costs and reduced shrimp prices caused by competition from imports. These economic losses resulted in decreasing numbers of vessels in the fishery, and consequently, reduction of effort. The Council determined that the number of vessels in the offshore shrimp fleet would likely decline to a point where the fishery again became profitable for the remaining participants, and new vessels might want to enter the fishery. That additional effort could negate, or at least lessen, profitability for the fleet as a whole. Consequently, through Amendment 13 to the FMP, the Council established a 10-year moratorium on the issuance of new Federal commercial shrimp vessel permits and established a royal red shrimp endorsement to the Gulf shrimp permit (71 FR 56039, September 26, 2006). The moratorium on permits also indirectly controls shrimping effort in Federal waters and thereby, bycatch levels of juvenile red snapper and sea turtles. The final rule implementing the moratorium was effective October 26, 2006, and the moratorium permits became effective in March 2007. Amendment 17A would extend the moratorium for an additional 10 years until October 26, 2026. Extending the moratorium is expected to maintain the biological, social, and economic benefits to the shrimp fishery achieved under the moratorium over the past 10 years. The purpose of establishing the royal red shrimp endorsement was to help inform data collectors about who the royal red shrimpers were and collect better information about the fishery. These endorsements are available to anyone with a Federal Gulf commercial shrimp permit and many more royal red shrimp endorsements are issued than the number of vessels actually harvesting royal red shrimp. Royal red shrimp are primarily harvested from deep waters requiring greater capital investment; therefore, historically only a small number of boats have been engaged in harvesting royal red shrimp. In Amendment 17A, the Council considered eliminating the royal red shrimp endorsement to the Gulf shrimp permit. However, the Council chose to retain the endorsement because it may be useful in the future to identify shrimpers who could be exempt from closed areas and for enforcement. A proposed rule that would implement measures outlined in Amendment 17A has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment. Consideration of Public Comments The Council has submitted Amendment 17A for Secretarial review, approval, and implementation. Comments on Amendment 17A must be received by June 6, 2016. Comments received during the respective comment periods, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve the amendment and will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: March 31, 2016. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-07732 Filed 4-4-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules 19547
NMFS has not identified information analysis for this proposed rule has been DEPARTMENT OF COMMERCE
sufficient to make any such prepared. NMFS invites comment from
determination for this group of beluga members of the public who believe this National Oceanic and Atmospheric
whales. The MMPA also requires NMFS rule, if implemented, will result in a Administration
to prepare a conservation plan and significant economic impact on a
restore any stock designated as depleted substantial number of small entities, or 50 CFR Part 622
to its optimum sustainable population, who have additional information RIN 0648–BF77
unless NMFS determines that such a relevant to NMFS’ analysis.
plan would not promote the Fisheries of the Caribbean, Gulf of
conservation of the stock. NMFS has This proposed rule does not contain
a collection-of-information requirement Mexico, and South Atlantic; Shrimp
determined that a conservation plan Fishery of the Gulf of Mexico;
would not promote the conservation of for purposes of the Paperwork
Amendment 17A
the Sakhalin Bay-Nikolaya Bay-Amur Reduction Act of 1980.
River stock of beluga whales and This proposed rule does not contain AGENCY: National Marine Fisheries
therefore does not plan to implement a policies with federalism implications Service (NMFS), National Oceanic and
conservation plan. In summary, this sufficient to warrant preparation of a Atmospheric Administration (NOAA),
rule, if implemented, would not directly federalism assessment under Executive Commerce.
regulate the public. If any subsequent Order 13132. ACTION: Notice of availability; request
restrictions placed on the public to for comments.
protect the Sakhalin Bay-Nikolaya Bay- List of Subjects in 50 CFR Part 216
Amur River stock of beluga whales are SUMMARY: The Gulf of Mexico (Gulf)
included in separate regulations, Administrative practice and Fishery Management Council (Council)
appropriate analyses under the procedure, Exports, Imports, Marine has submitted Amendment 17A to the
Regulatory Flexibility Act would be mammals, Transportation. Fishery Management Plan for the
conducted during those rulemaking Dated: March 30, 2016. Shrimp Fishery of the Gulf of Mexico
procedures. Samuel D. Rauch III, (FMP) for review, approval, and
The MMPA prohibits the importation implementation by NMFS. Amendment
of any marine mammal designated as Deputy Assistant Administrator for
17A includes actions to extend the Gulf
depleted for purposes of public display Regulatory Programs, National Marine
Fisheries Service.
commercial shrimp permit moratorium
(see 16 U.S.C. 1371(a)(3)(B) and and retain the royal red endorsement to
1372(b)). Therefore, this rule, if For the reasons set out in the the Gulf shrimp permit.
implemented, would have the indirect preamble, 50 CFR part 216 is proposed DATES: Written comments must be
effect of prohibiting the future to be amended as follows: received on or before June 6, 2016.
importation of any marine mammal
ADDRESSES: You may submit comments
from this stock into the United State for PART 216—REGULATIONS
public display. There are 104 facilities on Amendment 17A, identified by
GOVERNING THE TAKING AND ‘‘NOAA–NMFS–2016–0018’’ by any of
in the United States that house marine IMPORTING OF MARINE MAMMALS
mammals for the purposes of public the following methods:
display. Of these, only six facilities • Electronic Submission: Submit all
■ 1. The authority citation for part 216 electronic public comments via the
house beluga whales. There are
continues to read as follows: Federal e-Rulemaking Portal. Go to
currently twenty-seven beluga whales at
these facilities. None of these beluga Authority: 16 U.S.C. 1361 et seq. unless www.regulations.gov/
whales were taken in the wild from the otherwise noted. #!docketDetail;D=NOAA-NMFS-2016-
Sakhalin Bay-Nikolaya Bay-Amur River 0018, click the ‘‘Comment Now!’’ icon,
stock; three whales are progeny of ■ 2. In § 216.15, paragraph (j) is added complete the required fields, and enter
animals taken in the wild from this to read as follows: or attach your comments.
stock. NMFS receives very few requests • Mail: Submit written comments to
§ 216.15 Depleted species. Susan Gerhart, Southeast Regional
to import beluga whales into the United
States for purposes of public display, * * * * * Office, NMFS, 263 13th Avenue South,
and has no pending requests to import (j) Sakhalin Bay-Nikolaya Bay-Amur St. Petersburg, FL 33701.
beluga whales for public display. NMFS River beluga whales (Delphinapterus Instructions: Comments sent by any
notes the small number of U.S. entities leucas). The stock includes all beluga other method, to any other address or
that house beluga whales and the small whales primarily occurring in, but not individual, or received after the end of
number of beluga whales from this stock limited to, waters of Sakhalin Bay, the comment period, may not be
that are currently permitted for public Nikolaya Bay, and Amur River in the considered by NMFS. All comments
display in the United States. Because received are a part of the public record
Sea of Okhotsk.
this rule, if implemented, would not and will generally be posted for public
[FR Doc. 2016–07713 Filed 4–4–16; 8:45 am] viewing on www.regulations.gov
prevent an entity from requesting to
import a beluga whale from a non- BILLING CODE 3510–22–P without change. All personal identifying
depleted stock for purposes of public information (e.g., name, address, etc.),
display, NMFS finds that this rule, if confidential business information, or
Lhorne on DSK5TPTVN1PROD with PROPOSALS
implemented, would not result in a otherwise sensitive information
significant economic impact on a submitted voluntarily by the sender will
substantial number of small entities. be publicly accessible. NMFS will
Accordingly, this proposed rule, if accept anonymous comments (enter
implemented, would not result in a ‘‘N/A’’ in the required fields if you wish
significant economic impact on a to remain anonymous).
substantial number of small entities. As Electronic copies of Amendment 17A,
a result, no regulatory flexibility which includes an environmental
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![19548 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules
assessment, a Regulatory Flexibility Act fishery, and consequently, reduction of investment; therefore, historically only a
analysis, and a regulatory impact effort. The Council determined that the small number of boats have been
review, may be obtained from the number of vessels in the offshore engaged in harvesting royal red shrimp.
Southeast Regional Office Web site at shrimp fleet would likely decline to a In Amendment 17A, the Council
http://sero.nmfs.noaa.gov/sustainable_ point where the fishery again became considered eliminating the royal red
fisheries/gulf_fisheries/shrimp/2016/ profitable for the remaining shrimp endorsement to the Gulf shrimp
am17a/index.html. participants, and new vessels might permit. However, the Council chose to
FOR FURTHER INFORMATION CONTACT: want to enter the fishery. That retain the endorsement because it may
Susan Gerhart, telephone: 727–824– additional effort could negate, or at least be useful in the future to identify
5305, or email: Susan.Gerhart@ lessen, profitability for the fleet as a shrimpers who could be exempt from
noaa.gov. whole. Consequently, through closed areas and for enforcement.
Amendment 13 to the FMP, the Council A proposed rule that would
SUPPLEMENTARY INFORMATION: The
established a 10-year moratorium on the implement measures outlined in
Magnuson-Stevens Fishery
issuance of new Federal commercial Amendment 17A has been drafted. In
Conservation and Management Act
(Magnuson-Stevens Act) requires each shrimp vessel permits and established a accordance with the Magnuson-Stevens
regional fishery management council to royal red shrimp endorsement to the Act, NMFS is evaluating the proposed
submit any FMP or amendment to Gulf shrimp permit (71 FR 56039, rule to determine whether it is
NMFS for review and approval, partial September 26, 2006). The moratorium consistent with the FMP, the Magnuson-
approval, or disapproval. The on permits also indirectly controls Stevens Act, and other applicable law.
Magnuson-Stevens Act also requires shrimping effort in Federal waters and If that determination is affirmative,
that NMFS, upon receiving a plan or thereby, bycatch levels of juvenile red NMFS will publish the proposed rule in
amendment, publish an announcement snapper and sea turtles. The final rule the Federal Register for public review
in the Federal Register notifying the implementing the moratorium was and comment.
public that the plan or amendment is effective October 26, 2006, and the
available for review and comment. moratorium permits became effective in Consideration of Public Comments
The FMP being revised by March 2007. Amendment 17A would
extend the moratorium for an additional The Council has submitted
Amendment 17A was prepared by the
10 years until October 26, 2026. Amendment 17A for Secretarial review,
Council and implemented through
Extending the moratorium is expected approval, and implementation.
regulations at 50 CFR part 622 under the
to maintain the biological, social, and Comments on Amendment 17A must be
authority of the Magnuson-Stevens Act.
economic benefits to the shrimp fishery received by June 6, 2016. Comments
Background achieved under the moratorium over the received during the respective comment
In 2002, through Amendment 11 to past 10 years. periods, whether specifically directed to
the FMP, the Council established a The purpose of establishing the royal the amendment or the proposed rule,
Federal commercial open access permit red shrimp endorsement was to help will be considered by NMFS in its
for all vessels harvesting shrimp from inform data collectors about who the decision to approve, disapprove, or
federal waters of the Gulf (67 FR 51074, royal red shrimpers were and collect partially approve the amendment and
August 7, 2002). Approximately 2,951 better information about the fishery. will be addressed in the final rule.
vessels had been issued these permits These endorsements are available to Authority: 16 U.S.C. 1801 et seq.
by 2006. After the establishment of the anyone with a Federal Gulf commercial
Dated: March 31, 2016.
permit, the shrimp fishery experienced shrimp permit and many more royal red
economic losses, primarily because of shrimp endorsements are issued than Alan D. Risenhoover,
high fuel costs and reduced shrimp the number of vessels actually Director, Office of Sustainable Fisheries,
prices caused by competition from harvesting royal red shrimp. Royal red National Marine Fisheries Service.
imports. These economic losses resulted shrimp are primarily harvested from [FR Doc. 2016–07732 Filed 4–4–16; 8:45 am]
in decreasing numbers of vessels in the deep waters requiring greater capital BILLING CODE 3510–22–P
Lhorne on DSK5TPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 13:17 Apr 04, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4702 Sfmt 9990 E:\FR\FM\05APP1.SGM 05APP1](https://thefederalregister.org/doc/81_FR_19612/page/2.svg)
Document Created: 2018-02-07 13:53:56
Document Modified: 2018-02-07 13:53:56
| 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 | Notice of availability; request for comments. | |
| Dates | Written comments must be received on or before June 6, 2016. | |
| Contact | Susan Gerhart, telephone: 727-824- 5305, or email: [email protected] | |
| FR Citation | 81 FR 19547 | |
| RIN Number | 0648-BF77 |
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