81_FR_22114 81 FR 22042 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 17A

81 FR 22042 - 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 72 (April 14, 2016)

Page Range22042-22044
FR Document2016-08607

NMFS proposes regulations to implement Amendment 17A 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 proposed rule would extend the current Gulf commercial shrimp permit moratorium. The intent of this proposed rule and Amendment 17A is to protect federally managed Gulf shrimp stocks while promoting catch efficiency, economic efficiency, and stability in the fishery.

Federal Register, Volume 81 Issue 72 (Thursday, April 14, 2016)
[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Proposed Rules]
[Pages 22042-22044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160222132-6132-01]
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

[[Page 22043]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 17A 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 proposed rule would extend the 
current Gulf commercial shrimp permit moratorium. The intent of this 
proposed rule and Amendment 17A is to protect federally managed Gulf 
shrimp stocks while promoting catch efficiency, economic efficiency, 
and stability in the fishery.

DATES: Written comments must be received on or before May 16, 2016.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2016-0018'' by either 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 
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 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).

Management Measure Contained in This Proposed Rule

    This proposed rule would extend the Gulf shrimp permit moratorium 
until October 26, 2026. In 2002, through Amendment 11 to the FMP, the 
Council established a Federal commercial permit for all vessels 
harvesting shrimp from Federal waters of the Gulf (67 FR 51074, August 
7, 2002). That permit was a Federal open access permit for Gulf shrimp. 
Approximately 2,951 vessels had been issued these open access 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 would likely decline to a point where the 
fishery again would become 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 (71 FR 56039, September 26, 2006). The 
moratorium on permits indirectly controls shrimping effort in federal 
waters and thereby bycatch levels. Allowing the moratorium to expire 
would remove this control. 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. Extending the moratorium for an 
additional 10 years until October 26, 2026, is expected to maintain the 
biological, social, and economic benefits to the shrimp fishery 
achieved under the moratorium permit over the past 10 years.

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 17A, 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.
    The current moratorium on Gulf shrimp permits became effective on 
October 26, 2006 (71 FR 56039, September 26, 2006). This proposed rule, 
if implemented, would extend the current moratorium on Federal Gulf 
shrimp permits until October 26, 2026. The purpose of this proposed 
rule is to maintain the biological, social, and economic benefits to 
the Gulf shrimp fishery achieved under the current moratorium. The 
objectives of this proposed rule are to protect federally managed Gulf 
shrimp stocks, and promote catch efficiency, economic efficiency, and 
stability in the Gulf shrimp fishery. The Magnuson-Stevens Act serves 
as the legal basis for the rule.
    This action is expected to directly regulate businesses that 
possess Federal Gulf shrimp moratorium permits. As of September 21, 
2015, there were 1,464 vessels with valid or renewable Gulf shrimp 
moratorium permits. Although some permits are thought to be held by 
businesses with the same or substantively the same individual owners, 
and thus would likely be considered affiliated, ownership data for Gulf 
shrimp permit holders is incomplete and thus it is not currently 
feasible to accurately determine whether businesses that have these 
permits are in fact affiliated. NMFS is currently making changes to its 
permit application forms so that such determinations can be accurately 
made for future regulatory actions in this fishery. As a result of the 
incomplete ownership data, for purposes of this analysis, it is assumed 
each vessel is independently owned by a single business, which will 
result in an overestimate of the actual number of businesses directly 
regulated by this proposed rule. Thus, the number of businesses 
directly regulated by this proposed rule is estimated to be 1,464.
    Based on landings and economic data from 2013, which is the most 
current year for which complete economic data

[[Page 22044]]

is available, all of these businesses are thought to be primarily 
engaged in shellfish harvesting activities (e.g., Gulf shrimp, South 
Atlantic shrimp, and Atlantic sea scallops fisheries). In 2013, the 
primary source of gross revenue for approximately 84 percent of these 
businesses was landings from one or more of these shellfish fisheries, 
while the other 16 percent did not have commercial landings in any 
fishery. It is common for a certain percentage of businesses with Gulf 
shrimp permits to be commercially inactive in a given year, because of 
economic conditions in the Gulf shrimp fishery, other fisheries, or 
other industries (e.g., oil and gas) in which these businesses, their 
owners, and their crew sometimes participate. Some businesses may have 
also been inactive due to issues associated with the Deepwater Horizon 
MC252 event in 2010 and subsequent payouts from British Petroleum (BP). 
NMFS only possesses data on such payouts and other transfer payments 
for a sample of the permitted businesses, and thus cannot confirm the 
extent to which such payouts contributed to the lack of commercial 
harvesting activity by all of the inactive businesses. Given the lack 
of data to the contrary and because these businesses possess Gulf 
shrimp moratorium permits, for the purpose of this analysis, these 
1,464 businesses are assumed to be primarily engaged in commercial 
shellfish harvesting.
    From 2011 through 2013, the greatest average annual gross revenue 
earned by a single business was approximately $2.48 million. On 
average, a business with a Gulf shrimp moratorium permit had an annual 
gross revenue of approximately $247,000, annual net revenue from 
operations (commercial fishing activities) of approximately $6,300, and 
an annual economic profit of approximately $37,000. All monetary 
estimates are in 2001 dollars. Average annual economic profit was 
greater between 2011 and 2013 compared to the 2006-2009 time period, 
and greater than net revenue from operations, partly because of non-
fishing related income, mostly in the form of payouts from BP (i.e., 
transfer payments) due to the Deepwater Horizon MC252 event in 2010. 
Thus, although the average profit margin from 2011 through 2013 was 
nearly 15 percent of gross revenue, the average margin from operations 
was only about 2.6 percent. Though relatively small, this margin from 
operations is still greater than what these businesses earned between 
2006 and 2009 when net revenue from operations was generally negative, 
on average.
    SBA has established size standards for all major industries, 
including commercial shellfish harvesting businesses (NAICS code 
114112). A business primarily 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 has combined annual receipts not in excess of $5.5 
million. Based on the information above, all businesses directly 
regulated by this proposed rule are determined to be small businesses 
for the purpose of this analysis. Therefore, it is determined that this 
proposed rule will affect a substantial number of small businesses.
    The number of businesses with Gulf shrimp moratorium permits that 
had shrimp landings from offshore waters in the Gulf, and, in turn, the 
level of fishing effort in offshore waters, significantly decreased 
from 2002 through 2009. As used in this section and Amendment 17A, 
offshore waters are waters that are seaward of the demarcation lines 
established under the 1972 Convention on the International Regulations 
for Preventing Collisions at Sea, which define boundaries across inland 
waters, such as harbor mouths and inlets, for navigation purposes. 
Also, businesses had negative net revenue from their operations and 
generally earned economic losses on average from 2006 through 2009. 
However, the number of active vessels and, in turn, effort in the 
offshore Gulf shrimp fishery generally stabilized after 2010.
    Although transfer payments from BP as a result of the Deepwater 
Horizon MC252 event helped to increase economic profits from 2011 
through 2013, the increases in net revenue from operations during that 
time are thought to have been caused primarily by lower fuel prices, 
higher demand for and thus higher prices for shrimp, and higher catch 
rates. These higher catch rates are directly attributable to the 
reductions in effort. To maintain those higher catch rates, effort must 
at least remain stable. Because net revenue from operations and 
economic profit have been positive in recent years, if the permit 
moratorium was not extended and the fishery became subject to open 
access Gulf shrimp permits, it is possible that the number of active 
vessels and effort in the offshore fishery would increase, which would 
be expected to reduce catch rates and, in turn, net revenue from 
operations and economic profits. Thus, the proposed extension of the 
moratorium on Gulf shrimp permits for an additional 10 years is 
expected to result in greater net revenue from operations and economic 
profit than if the shrimp moratorium permit program was allowed to 
expire.
    Based on the information above, a reduction in profits for a 
substantial number of small entities is not expected as a result of 
this rule. Thus, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified.

List of Subjects in 50 CFR Part 622

    Commercial fisheries, Fishing, Gulf, Permits, Shrimp.

    Dated: April 11, 2016.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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.  622.50, revise the introductory text of paragraph (b) to 
read as follows:


Sec.  622.50  Permits, permit moratorium, and endorsements.

* * * * *
    (b) Moratorium on commercial vessel permits for Gulf shrimp. The 
provisions of this paragraph (b) are applicable through October 26, 
2026.
* * * * *
[FR Doc. 2016-08607 Filed 4-13-16; 8:45 am]
 BILLING CODE 3510-22-P



                                               22042                   Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Proposed Rules

                                               Mississippi, South Carolina, and                        requirements of 16 U.S.C. 1533(b)(5) at                may request at the top of your document
                                               Tennessee, as a threatened species                      the time of publication. Therefore, in                 that we withhold this information from
                                               under the Endangered Species Act of                     order to ensure that we follow the                     public review. However, we cannot
                                               1973, as amended (Act). We now                          proper procedures for notification in                  guarantee that we will be able to do so.
                                               announce that we are reopening the                      accordance with 16 U.S.C. 1533(b)(5), so               We will post all hardcopy submissions
                                               comment period for the proposed rule,                   that there is adequate opportunity to                  on http://www.regulations.gov. Please
                                               in order to completely satisfy the                      review and comment on the proposed                     include sufficient information with your
                                               notification requirements under the Act.                rule, we are reopening the comment                     comments to allow us to verify any
                                               DATES: We will accept comments                          period for an additional 60 days.                      scientific or commercial information
                                               received or postmarked on or before                     Information Requested                                  you include.
                                               June 13, 2016. Comments submitted                                                                                 Comments and materials we receive,
                                               electronically using the Federal                           We intend that any final action                     as well as supporting documentation we
                                               eRulemaking Portal (see ADDRESSES,                      resulting from this proposed rule will be              used in preparing the proposed rule,
                                               below) must be received by 11:59 p.m.                   based on the best scientific and                       will be available for public inspection
                                               Eastern Time on the closing date. We                    commercial data available and be as                    on http://www.regulations.gov, or by
                                                                                                       accurate and as effective as possible.                 appointment, during normal business
                                               must receive requests for public
                                                                                                       Therefore, we request comments or                      hours, at the U.S. Fish and Wildlife
                                               hearings, in writing, at the address
                                                                                                       information from other concerned                       Service, Tennessee Ecological Services
                                               shown in FOR FURTHER INFORMATION
                                                                                                       governmental agencies, Native                          Field Office (see FOR FURTHER
                                               CONTACT by May 31, 2016.
                                                                                                       American tribes, the scientific                        INFORMATION CONTACT).
                                               ADDRESSES: You may submit comments                      community, industry, or any other
                                               by one of the following methods:                                                                                  Because we will consider all
                                                                                                       interested parties concerning this                     comments and information received
                                                  (1) Electronically: Go to the Federal                proposed rule. Please see the
                                               eRulemaking Portal: http://                                                                                    during the public comment periods, our
                                                                                                       Information Requested section of the                   final determinations may differ from the
                                               www.regulations.gov. In the Search box,                 September 15, 2015, proposed listing
                                               enter FWS–R4–ES–2015–0129, which is                                                                            proposal.
                                                                                                       rule (80 FR 55304) for a list of the topics
                                               the docket number for this rulemaking.                  on which we particularly seek                          Public Hearing
                                               Then, in the Search panel on the left                   comment.                                                  Section 4(b)(5) of the Act provides for
                                               side of the screen, under the Document                     For more background on our proposed                 one or more public hearings on this
                                               Type heading, click on the Proposed                     rule, see the September 15, 2015,                      proposal, if requested. Requests must be
                                               Rules link to locate this document. You                 Federal Register (80 FR 55304), which                  received by the date specified above in
                                               may submit a comment by clicking on                     is available at the Federal eRulemaking                DATES. Such requests must be sent to the
                                               ‘‘Comment Now!’’                                        Portal at http://www.regulations.gov (see              address shown in FOR FURTHER
                                                  (2) By hard copy: Submit by U.S. mail                ADDRESSES).                                            INFORMATION CONTACT. We will schedule
                                               or hand-delivery to: Public Comments                       If you previously submitted                         public hearings on this proposed rule, if
                                               Processing, Attn: FWS–R4–ES–2015–                       comments or information on the                         any are requested, and announce the
                                               0129; U.S. Fish and Wildlife Service,                   proposed rule, please do not resubmit                  dates, times, and places of those
                                               MS: BPHC, 5275 Leesburg Pike, Falls                     them. We have incorporated them into                   hearings, as well as how to obtain
                                               Church, VA 22041–3803.                                  the public record, and we will fully
                                                  We request that you send comments                                                                           reasonable accommodations, in the
                                                                                                       consider them in our final rulemaking.                 Federal Register and local newspapers
                                               only by the methods described above.                    Our final determination concerning this
                                               We will post all comments on http://                                                                           at least 15 days before the hearing.
                                                                                                       proposed rulemaking will take into
                                               www.regulations.gov. This generally                                                                              Authority: The authority for this action is
                                                                                                       consideration all written comments and                 the Endangered Species Act of 1973, as
                                               means that we will post any personal                    any additional information we receive.                 amended (16 U.S.C. 1531 et seq.).
                                               information you provide us (see                            Please note that submissions merely
                                               Information Requested, below, for more                                                                           Dated: April 5, 2016.
                                                                                                       stating support for or opposition to the
                                               information).                                           action under consideration without                     Noah Matson,
                                               FOR FURTHER INFORMATION CONTACT:                        providing supporting information,                      Acting Director, U.S. Fish and Wildlife
                                               Mary Jennings, Field Supervisor, U.S.                   although noted, will not be considered                 Service.
                                               Fish and Wildlife Service, Tennessee                    in making a determination, as section                  [FR Doc. 2016–08615 Filed 4–13–16; 8:45 am]
                                               Ecological Services Field Office, 446                   4(b)(1)(A) of the Act directs that                     BILLING CODE 4333–15–P
                                               Neal Street, Cookeville, TN 38501; by                   determinations as to whether any
                                               telephone 931–528–6481; or by                           species is an endangered or threatened
                                               facsimile 931–528–7075. Persons who                     species must be made ‘‘solely on the                   DEPARTMENT OF COMMERCE
                                               use a telecommunications device for the                 basis of the best scientific and
                                               deaf (TDD) may call the Federal                         commercial data available.’’                           National Oceanic and Atmospheric
                                               Information Relay Service (FIRS) at                        You may submit your comments and                    Administration
                                               800–877–8339.                                           materials concerning the proposed rule
                                               SUPPLEMENTARY INFORMATION:                              by one of the methods listed in                        50 CFR Part 622
                                                                                                       ADDRESSES. We request that you send                    [Docket No. 160222132–6132–01]
                                               Background                                              comments only by the methods
                                                                                                                                                              RIN 0648–BF77
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                                                  On September 15, 2015, we published                  described in ADDRESSES.
                                               in the Federal Register a proposed rule                    If you submit information via http://
                                                                                                                                                              Fisheries of the Caribbean, Gulf of
                                               to list Platanthera integrilabia (white                 www.regulations.gov, your entire
                                                                                                                                                              Mexico, and South Atlantic; Shrimp
                                               fringeless orchid) as a threatened                      submission—including any personal
                                                                                                                                                              Fishery of the Gulf of Mexico;
                                               species under the Endangered Species                    identifying information—will be posted
                                                                                                                                                              Amendment 17A
                                               Act (80 FR 55304). However, we have                     on the Web site. If your submission is
                                               since determined that we did not                        made via a hardcopy that includes                      AGENCY:  National Marine Fisheries
                                               completely satisfy the notice                           personal identifying information, you                  Service (NMFS), National Oceanic and


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                                                                       Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Proposed Rules                                            22043

                                               Atmospheric Administration (NOAA),                      SUPPLEMENTARY INFORMATION:    The                      Assistant Administrator has determined
                                               Commerce.                                               shrimp fishery in the Gulf is managed                  that this proposed rule is consistent
                                               ACTION: Proposed rule; request for                      under the FMP. The FMP was prepared                    with Amendment 17A, other provisions
                                               comments.                                               by the Council and implemented                         of the Magnuson-Stevens Act, and other
                                                                                                       through regulations at 50 CFR part 622                 applicable law, subject to further
                                               SUMMARY:    NMFS proposes regulations to                under the authority of the Magnuson-                   consideration after public comment.
                                               implement Amendment 17A to the                          Stevens Fishery Conservation and                          This proposed rule has been
                                               Fishery Management Plan for the                         Management Act (Magnuson-Stevens                       determined to be not significant for
                                               Shrimp Fishery of the Gulf of Mexico                    Act).                                                  purposes of Executive Order 12866.
                                               (FMP), as prepared and submitted by                                                                               The Chief Counsel for Regulation of
                                               the Gulf of Mexico (Gulf) Fishery                       Management Measure Contained in                        the Department of Commerce certified
                                                                                                       This Proposed Rule                                     to the Chief Counsel for Advocacy of the
                                               Management Council (Council). This
                                               proposed rule would extend the current                     This proposed rule would extend the                 Small Business Administration (SBA)
                                               Gulf commercial shrimp permit                           Gulf shrimp permit moratorium until                    that this rule, if adopted, would not
                                               moratorium. The intent of this proposed                 October 26, 2026. In 2002, through                     have a significant economic impact on
                                               rule and Amendment 17A is to protect                    Amendment 11 to the FMP, the Council                   a substantial number of small entities.
                                               federally managed Gulf shrimp stocks                    established a Federal commercial permit                The factual basis for this determination
                                               while promoting catch efficiency,                       for all vessels harvesting shrimp from                 is as follows.
                                               economic efficiency, and stability in the               Federal waters of the Gulf (67 FR 51074,                  The current moratorium on Gulf
                                               fishery.                                                August 7, 2002). That permit was a                     shrimp permits became effective on
                                               DATES: Written comments must be
                                                                                                       Federal open access permit for Gulf                    October 26, 2006 (71 FR 56039,
                                               received on or before May 16, 2016.                     shrimp. Approximately 2,951 vessels                    September 26, 2006). This proposed
                                                                                                       had been issued these open access                      rule, if implemented, would extend the
                                               ADDRESSES: You may submit comments
                                                                                                       permits by 2006. After the establishment               current moratorium on Federal Gulf
                                               on the proposed rule, identified by                     of the permit, the shrimp fishery                      shrimp permits until October 26, 2026.
                                               ‘‘NOAA–NMFS–2016–0018’’ by either                       experienced economic losses, primarily                 The purpose of this proposed rule is to
                                               of the following methods:                               because of high fuel costs and reduced                 maintain the biological, social, and
                                                  • Electronic Submission: Submit all                  shrimp prices caused by competition                    economic benefits to the Gulf shrimp
                                               electronic public comments via the                      from imports. These economic losses                    fishery achieved under the current
                                               Federal e-Rulemaking Portal. Go to                      resulted in decreasing numbers of                      moratorium. The objectives of this
                                               www.regulations.gov/                                    vessels in the fishery, and consequently,              proposed rule are to protect federally
                                               #!docketDetail;D=NOAA-NMFS-2016-                        reduction of effort. The Council                       managed Gulf shrimp stocks, and
                                               0018, click the ‘‘Comment Now!’’ icon,                  determined that the number of vessels                  promote catch efficiency, economic
                                               complete the required fields, and enter                 would likely decline to a point where                  efficiency, and stability in the Gulf
                                               or attach your comments.                                the fishery again would become                         shrimp fishery. The Magnuson-Stevens
                                                  • Mail: Submit written comments to                   profitable for the remaining                           Act serves as the legal basis for the rule.
                                               Susan Gerhart, Southeast Regional                       participants, and new vessels might                       This action is expected to directly
                                               Office, NMFS, 263 13th Avenue South,                    want to enter the fishery. That                        regulate businesses that possess Federal
                                               St. Petersburg, FL 33701.                               additional effort could negate, or at least            Gulf shrimp moratorium permits. As of
                                                  Instructions: Comments sent by any                   lessen, profitability for the fleet as a               September 21, 2015, there were 1,464
                                               other method, to any other address or                   whole. Consequently, through                           vessels with valid or renewable Gulf
                                               individual, or received after the end of                Amendment 13 to the FMP, the Council                   shrimp moratorium permits. Although
                                               the comment period, may not be                          established a 10-year moratorium on the                some permits are thought to be held by
                                               considered by NMFS. All comments                        issuance of new Federal commercial                     businesses with the same or
                                               received are a part of the public record                shrimp vessel permits (71 FR 56039,                    substantively the same individual
                                               and will generally be posted for public                 September 26, 2006). The moratorium                    owners, and thus would likely be
                                               viewing on www.regulations.gov                          on permits indirectly controls                         considered affiliated, ownership data for
                                               without change. All personal identifying                shrimping effort in federal waters and                 Gulf shrimp permit holders is
                                               information (e.g., name, address, etc.),                thereby bycatch levels. Allowing the                   incomplete and thus it is not currently
                                               confidential business information, or                   moratorium to expire would remove this                 feasible to accurately determine whether
                                               otherwise sensitive information                         control. The moratorium on permits also                businesses that have these permits are
                                               submitted voluntarily by the sender will                indirectly controls shrimping effort in                in fact affiliated. NMFS is currently
                                               be publicly accessible. NMFS will                       Federal waters and thereby, bycatch                    making changes to its permit
                                               accept anonymous comments (enter ‘‘N/                   levels of juvenile red snapper and sea                 application forms so that such
                                               A’’ in the required fields if you wish to               turtles. The final rule implementing the               determinations can be accurately made
                                               remain anonymous).                                      moratorium was effective October 26,                   for future regulatory actions in this
                                                  Electronic copies of Amendment 17A,                  2006, and the moratorium permits                       fishery. As a result of the incomplete
                                               which includes an environmental                         became effective in March 2007.                        ownership data, for purposes of this
                                               assessment, a Regulatory Flexibility Act                Extending the moratorium for an                        analysis, it is assumed each vessel is
                                               analysis, and a regulatory impact                       additional 10 years until October 26,                  independently owned by a single
                                               review, may be obtained from the                        2026, is expected to maintain the                      business, which will result in an
                                               Southeast Regional Office Web site at
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                                                                                                       biological, social, and economic benefits              overestimate of the actual number of
                                               http://sero.nmfs.noaa.gov/sustainable_                  to the shrimp fishery achieved under                   businesses directly regulated by this
                                               fisheries/gulf_fisheries/shrimp/2016/                   the moratorium permit over the past 10                 proposed rule. Thus, the number of
                                               am17a/index.html.                                       years.                                                 businesses directly regulated by this
                                               FOR FURTHER INFORMATION CONTACT:                                                                               proposed rule is estimated to be 1,464.
                                               Susan Gerhart, telephone: 727–824–                      Classification                                            Based on landings and economic data
                                               5305, or email: Susan.Gerhart@                            Pursuant to section 304(b)(1)(A) of the              from 2013, which is the most current
                                               noaa.gov.                                               Magnuson-Stevens Act, the NMFS                         year for which complete economic data


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                                               22044                   Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Proposed Rules

                                               is available, all of these businesses are                  SBA has established size standards for              operations and economic profit than if
                                               thought to be primarily engaged in                      all major industries, including                        the shrimp moratorium permit program
                                               shellfish harvesting activities (e.g., Gulf             commercial shellfish harvesting                        was allowed to expire.
                                               shrimp, South Atlantic shrimp, and                      businesses (NAICS code 114112). A                        Based on the information above, a
                                               Atlantic sea scallops fisheries). In 2013,              business primarily involved in shellfish               reduction in profits for a substantial
                                               the primary source of gross revenue for                 harvesting is classified as a small                    number of small entities is not expected
                                               approximately 84 percent of these                       business if it is independently owned                  as a result of this rule. Thus, an initial
                                               businesses was landings from one or                     and operated, is not dominant in its                   regulatory flexibility analysis is not
                                               more of these shellfish fisheries, while                field of operation (including its                      required and none has been prepared.
                                               the other 16 percent did not have                       affiliates), and has combined annual                     No duplicative, overlapping, or
                                               commercial landings in any fishery. It is               receipts not in excess of $5.5 million.                conflicting Federal rules have been
                                               common for a certain percentage of                      Based on the information above, all                    identified.
                                               businesses with Gulf shrimp permits to                  businesses directly regulated by this
                                                                                                                                                              List of Subjects in 50 CFR Part 622
                                               be commercially inactive in a given                     proposed rule are determined to be
                                               year, because of economic conditions in                 small businesses for the purpose of this                 Commercial fisheries, Fishing, Gulf,
                                               the Gulf shrimp fishery, other fisheries,               analysis. Therefore, it is determined that             Permits, Shrimp.
                                               or other industries (e.g., oil and gas) in              this proposed rule will affect a                         Dated: April 11, 2016.
                                               which these businesses, their owners,                   substantial number of small businesses.                Eileen Sobeck,
                                               and their crew sometimes participate.                      The number of businesses with Gulf
                                                                                                                                                              Assistant Administrator for Fisheries,
                                               Some businesses may have also been                      shrimp moratorium permits that had                     National Marine Fisheries Service.
                                               inactive due to issues associated with                  shrimp landings from offshore waters in
                                                                                                       the Gulf, and, in turn, the level of                     For the reasons set out in the
                                               the Deepwater Horizon MC252 event in
                                                                                                       fishing effort in offshore waters,                     preamble, 50 CFR part 622 is proposed
                                               2010 and subsequent payouts from
                                                                                                       significantly decreased from 2002                      to be amended as follows:
                                               British Petroleum (BP). NMFS only
                                               possesses data on such payouts and                      through 2009. As used in this section
                                                                                                       and Amendment 17A, offshore waters                     PART 622—FISHERIES OF THE
                                               other transfer payments for a sample of                                                                        CARIBBEAN, GULF OF MEXICO, AND
                                               the permitted businesses, and thus                      are waters that are seaward of the
                                                                                                       demarcation lines established under the                SOUTH ATLANTIC
                                               cannot confirm the extent to which such
                                               payouts contributed to the lack of                      1972 Convention on the International                   ■ 1. The authority citation for part 622
                                               commercial harvesting activity by all of                Regulations for Preventing Collisions at               continues to read as follows:
                                               the inactive businesses. Given the lack                 Sea, which define boundaries across
                                                                                                       inland waters, such as harbor mouths                       Authority: 16 U.S.C. 1801 et seq.
                                               of data to the contrary and because these
                                               businesses possess Gulf shrimp                          and inlets, for navigation purposes.                   ■ 2. In § 622.50, revise the introductory
                                               moratorium permits, for the purpose of                  Also, businesses had negative net                      text of paragraph (b) to read as follows:
                                               this analysis, these 1,464 businesses are               revenue from their operations and
                                                                                                       generally earned economic losses on                    § 622.50 Permits, permit moratorium, and
                                               assumed to be primarily engaged in                                                                             endorsements.
                                               commercial shellfish harvesting.                        average from 2006 through 2009.
                                                                                                       However, the number of active vessels                  *     *     *    *     *
                                                  From 2011 through 2013, the greatest                 and, in turn, effort in the offshore Gulf                (b) Moratorium on commercial vessel
                                               average annual gross revenue earned by                  shrimp fishery generally stabilized after              permits for Gulf shrimp. The provisions
                                               a single business was approximately                     2010.                                                  of this paragraph (b) are applicable
                                               $2.48 million. On average, a business                      Although transfer payments from BP                  through October 26, 2026.
                                               with a Gulf shrimp moratorium permit                    as a result of the Deepwater Horizon                   *     *     *    *     *
                                               had an annual gross revenue of                          MC252 event helped to increase                         [FR Doc. 2016–08607 Filed 4–13–16; 8:45 am]
                                               approximately $247,000, annual net                      economic profits from 2011 through                     BILLING CODE 3510–22–P
                                               revenue from operations (commercial                     2013, the increases in net revenue from
                                               fishing activities) of approximately                    operations during that time are thought
                                               $6,300, and an annual economic profit                   to have been caused primarily by lower                 DEPARTMENT OF COMMERCE
                                               of approximately $37,000. All monetary                  fuel prices, higher demand for and thus
                                               estimates are in 2001 dollars. Average                  higher prices for shrimp, and higher                   National Oceanic and Atmospheric
                                               annual economic profit was greater                      catch rates. These higher catch rates are              Administration
                                               between 2011 and 2013 compared to the                   directly attributable to the reductions in
                                               2006–2009 time period, and greater than                 effort. To maintain those higher catch                 50 CFR Part 635
                                               net revenue from operations, partly                     rates, effort must at least remain stable.             [Docket No. 150817722–6304–01]
                                               because of non-fishing related income,                  Because net revenue from operations
                                               mostly in the form of payouts from BP                   and economic profit have been positive                 RIN 0648–BF10
                                               (i.e., transfer payments) due to the                    in recent years, if the permit
                                               Deepwater Horizon MC252 event in                                                                               Atlantic Highly Migratory Species;
                                                                                                       moratorium was not extended and the
                                               2010. Thus, although the average profit                                                                        Archival Tag Management Measures
                                                                                                       fishery became subject to open access
                                               margin from 2011 through 2013 was                       Gulf shrimp permits, it is possible that               AGENCY:  National Marine Fisheries
                                               nearly 15 percent of gross revenue, the                 the number of active vessels and effort                Service (NMFS), National Oceanic and
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               average margin from operations was                      in the offshore fishery would increase,                Atmospheric Administration (NOAA),
                                               only about 2.6 percent. Though                          which would be expected to reduce                      Commerce.
                                               relatively small, this margin from                      catch rates and, in turn, net revenue                  ACTION: Proposed rule; request for
                                               operations is still greater than what                   from operations and economic profits.                  comments.
                                               these businesses earned between 2006                    Thus, the proposed extension of the
                                               and 2009 when net revenue from                          moratorium on Gulf shrimp permits for                  SUMMARY:   NMFS is proposing to revise
                                               operations was generally negative, on                   an additional 10 years is expected to                  the regulations that currently require
                                               average.                                                result in greater net revenue from                     persons surgically implanting archival


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Document Created: 2018-02-07 13:48:00
Document Modified: 2018-02-07 13:48:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received on or before May 16, 2016.
ContactSusan Gerhart, telephone: 727-824- 5305, or email: [email protected]
FR Citation81 FR 22042 
RIN Number0648-BF77
CFR AssociatedCommercial Fisheries; Fishing; Gulf; Permits and Shrimp

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