82 FR 39733 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 17B
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 161 (August 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 161 (August 22, 2017)
| Page Range | 39733-39735 | |
| FR Document | 2017-17635 |
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)] [Proposed Rules] [Pages 39733-39735] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17635] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-BG82 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 17B 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 17B to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico U.S. Waters (FMP), for review, approval, and implementation by NMFS. Amendment 17B includes actions to define the aggregate maximum sustainable yield (MSY) and aggregate optimum yield (OY) for the Gulf shrimp fishery, determine a minimum number of Federal commercial vessel moratorium permits in the fishery, would allow for the creation of a Federal Gulf shrimp reserve pool permit when certain conditions are met, and would allow for non- federally permitted shrimping vessels to transit through the Gulf exclusive economic zone (EEZ) with shrimp on board the vessel. The purpose of Amendment 17B is to protect federally managed Gulf shrimp stocks while maintaining catch efficiency, economic efficiency, and stability in the fishery. DATES: Written comments must be received on or before October 23, 2017. ADDRESSES: You may submit comments on Amendment 17B, identified by ``NOAA-NMFS-2017-0040'' 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-2017-0040, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Frank Helies, 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 17B, 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/2017/am17b/index.html. FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 17B was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. Background From 2003 to 2006, the Gulf shrimp fishery experienced significant economic losses, primarily as a result of high fuel costs and reduced prices caused by competition with imports. These economic losses contributed to a reduction in the number of vessels in the fishery, and consequently, a reduction of commercial effort. During that time, commercial vessels in the Gulf shrimp fishery were required to [[Page 39734]] have an open-access permit. In 2006, to prevent overcapitalizing the fishery when it became profitable again, the Council established a 10- year freeze on the issuance of new shrimp permits and created a limited access Federal Gulf shrimp moratorium permit (moratorium permit)(71 FR 56039, September 26, 2006). In 2016, the Council extended the duration of the Gulf shrimp moratorium permit program for another 10 years in Amendment 17A to the FMP (81 FR 47733, July 22, 2016). During the development of Amendment 17A, the Council identified several other issues with the Gulf shrimp fishery that it wanted to address. First, MSY and OY (equal to MSY), are defined individually for the three penaeid shrimp species and for royal red shrimp. Second, the number of moratorium permits has continued to decline, and the Council is concerned that the decline in total permits will continue indefinitely. Finally, transit through Federal waters (Gulf EEZ) shrimp on board currently requires a moratorium permit, which limits the ability of a state-registered vessel to navigate in certain areas of the Gulf while engaged in shrimping. Amendment 17B addresses these issues through revisions to management reference points and the Gulf shrimp permit program. Actions Contained in Amendment 17B Amendment 17B includes actions to define the aggregate MSY and aggregate OY for Gulf shrimp, determine a minimum number of Federal commercial vessel moratorium permits in the fishery, allow for the creation of a Federal Gulf shrimp reserve pool permit when certain conditions are met, and allow non-federally permitted shrimping vessels to transit through the Gulf EEZ. Aggregate MSY and OY After extending the duration of the Gulf shrimp moratorium permit program for another 10 years, and recognizing that the moratorium results in a passive loss of permits from the fishery, the Council decided to determine an appropriate minimum number of moratorium permits. To facilitate this determination, the Council decided to establish an aggregate MSY and OY for the federal Gulf shrimp fishery. In Amendment 15 to the FMP, the Council established species specific MSYs and OYs for penaeid shrimp. MSY and OY were established for royal red shrimp in the original FMP (46 FR 27489, May 20, 1981). Additionally, Amendment 13 to the FMP revised the MSY and OY for royal red shrimp (71 FR 56039, September 26, 2006). However, the shrimp permit is not species specific and an aggregate MSY and OY for all federally managed shrimp species (penaeid and royal red) can be used as reference points for the shrimp fishery as whole. In March 2016, the Council convened a working group to determine the appropriate aggregate MSY and aggregate OY for the Gulf shrimp fishery in Federal waters. To determine the aggregate MSY, the working group used the same general approach established by a 2006 working group but included the most recent years of catch and effort data (1990-2014). The working group also determined that there were four important factors to consider when establishing aggregate OY: Landings, catch per unit effort (CPUE), sea turtle bycatch threshold, and juvenile red snapper bycatch. The working group concluded that the predicted effort and associated landings in 2009, balanced all of these criteria relative to observed levels in other years. Amendment 17B would establish an aggregate MSY for the Federal Gulf shrimp fishery using the method developed by the working group at 112,531,374 lb (51,043,373 kg), tail weight. Amendment 17B would also establish an aggregate OY for the Gulf shrimp fishery equal to 85,761,596 lb (38,900,806 kg), tail weight, which is the aggregate MSY reduced by the ecological, social, and economic factors described above. Minimum Threshold Number of Gulf Shrimp Moratorium Permits and Federal Gulf Shrimp Reserve Pool Permit Currently, moratorium permits are valid for 1 year and are required to be renewed annually. If the permit is not renewed within 1 year of its expiration date, the permit is no longer renewable and is terminated. A terminated permit cannot be reissued by NMFS and is lost to the fishery. As of December 31, 2016, there were 1,441 moratorium permits that were valid or renewable. Since the start of the permit moratorium, a total of 493 moratorium permits have been terminated because they were not renewed within the required renewal period. When the number of moratorium permits reaches 1,175 valid or renewable permits, the Council would form a panel to review details of a Gulf shrimp reserve permit pool and consider options regarding the reserve pool permits. The panel would consist of the Council's Shrimp Advisory Panel members, Science and Statistical Committee members, NMFS, and Council staff. This panel could make recommendations about how to utilize a Gulf shrimp vessel permit reserve pool. As described in Amendment 17B, when the number of valid or renewable moratorium permits reaches 1,072, then any moratorium permits that are not renewed within 1 year of expiration would be converted to a Gulf shrimp reserve pool permit. This number is based on the predicted number of active permitted vessels needed to attain aggregate OY in the offshore fishery. As explained above, the aggregate OY accounts for relatively high CPUE and landings while reducing the risk of exceeding sea turtle and juvenile red snapper bycatch. As described in Amendment 17B, it is estimated that it could take up to 24 years to reach the threshold value of 1,072 valid or renewable moratorium permits. Therefore, any Gulf shrimp reserve pool permit that is created would not be issued until eligibility requirements are developed by the Council and implemented through subsequent rulemaking. Based on future Council action, Gulf shrimp reserve pool permits could be used as a method to allow new entrants into the fishery or allow persons who previously held a moratorium permit to re-enter the fishery. Amendment 17B does not actively removes any Gulf shrimp moratorium permits. The minimum threshold is only for purposes of monitoring changes in fishery participation and determining if additional management measures should be established. Transit Provisions for Shrimp Vessels Without a Federal Permit Currently, to possess Gulf shrimp in the Gulf EEZ, a vessel must have been issued a moratorium permit. In the Gulf, there are some areas where state-only licensed shrimpers would like to transit with shrimp on board from state waters through Federal waters to return to state waters and port. However, because these state-licensed shrimping vessels do not possess a moratorium permit, they cannot legally transit through the Gulf EEZ while possessing shrimp. This results in some of these vessels spending increased time at sea and incurring additional fuel costs because of longer transit times. Amendment 17B would allow a vessel possessing Gulf shrimp to transit the Gulf EEZ without a valid moratorium permit if fishing gear is appropriately stowed. Transit would be defined as non-stop progression through the area; fishing gear appropriately stowed would mean trawl doors and nets must be out of the water and the bag straps must be [[Page 39735]] removed from the net. This transit exemption is expected to reduce the time at sea required for some shrimpers while still allowing enforcement to verify that they have not been fishing in the EEZ. A proposed rule that would implement measures outlined in Amendment 17B 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 17B for Secretarial review, approval, and implementation. Comments on Amendment 17B must be received by October 23, 2017. 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. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: August 16, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-17635 Filed 8-21-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39733
duties under section 101(a)(2) of the within the scope of the petition for 0040, click the ‘‘Comment Now!’’ icon,
MMPA (16 U.S.C. 1371(a)(2)), to ‘‘ban emergency action. complete the required fields, and enter
the importation of commercial fish or Dated: August 16, 2017. or attach your comments.
products from fish’’ sourced in a John Henderschedt,
• Mail: Submit written comments to
manner that ‘‘results in the incidental Frank Helies, Southeast Regional Office,
Director, Office of International Affairs and
kill or incidental serious injury’’ of Seafood Inspection, National Marine
NMFS, 263 13th Avenue South, St.
vaquita ‘‘in excess of United States Fisheries Service. Petersburg, FL 33701.
standards.’’ The petition requested that [FR Doc. 2017–17717 Filed 8–21–17; 8:45 am]
Instructions: Comments sent by any
the relevant Secretary ban all fish and other method, to any other address or
BILLING CODE 3510–22–P
fish products originating from the individual, or received after the end of
vaquita’s range in the northern Gulf of the comment period, may not be
California that were obtained using any DEPARTMENT OF COMMERCE considered by NMFS. All comments
kind of gillnet—the fishing gear solely received are a part of the public record
responsible for the current decline of National Oceanic and Atmospheric and will generally be posted for public
the vaquita. Administration viewing on www.regulations.gov
As support for the need for this without change. All personal identifying
action, the petition cites reports from 50 CFR Part 622 information (e.g., name, address, etc.),
the Comité Internacional para la confidential business information, or
RIN 0648–BG82 otherwise sensitive information
Recuperación de la Vaquita (CIRVA)
documenting a 95 percent decline in the Fisheries of the Caribbean, Gulf of submitted voluntarily by the sender will
vaquita population over the last two Mexico, and South Atlantic; Shrimp be publicly accessible. NMFS will
decades. The petitioners also assert that Fishery of the Gulf of Mexico; accept anonymous comments (enter ‘‘N/
for the vaquita, gillnet bycatch has Amendment 17B A’’ in the required fields if you wish to
driven the species from a population of remain anonymous).
more than 700 in 1990 to currently AGENCY: National Marine Fisheries Electronic copies of Amendment 17B,
fewer than 30 vaquita. Service (NMFS), National Oceanic and which includes an environmental
The petitioners maintain that any Atmospheric Administration (NOAA), assessment, a Regulatory Flexibility Act
fishery using gillnets in the Upper Gulf Commerce. analysis, and a regulatory impact
of California violates U.S. standards ACTION: Notice of availability; request review, may be obtained from the
under the MMPA. The petitioners for comments. Southeast Regional Office Web site at
provide a list of more than 30 fish http://sero.nmfs.noaa.gov/sustainable_
species potentially harvested by gillnets SUMMARY: The Gulf of Mexico (Gulf) fisheries/gulf_fisheries/shrimp/2017/
including corvina and Pacific sierra, Fishery Management Council (Council) am17b/index.html.
which are currently exempt from the has submitted Amendment 17B to the FOR FURTHER INFORMATION CONTACT:
Mexican regulations banning the use of Fishery Management Plan for the Frank Helies, telephone: 727–824–5305,
gillnets. Shrimp Fishery of the Gulf of Mexico or email: Frank.Helies@noaa.gov.
On June 30, 2017, Mexico adopted a U.S. Waters (FMP), for review, approval,
SUPPLEMENTARY INFORMATION: The
permanent ban on the use of gillnets and implementation by NMFS.
Magnuson-Stevens Fishery
throughout the range of vaquita, with Amendment 17B includes actions to
Conservation and Management Act
the exception of gillnet fisheries for define the aggregate maximum
(Magnuson-Stevens Act) requires each
corvina and Pacific sierra. The sustainable yield (MSY) and aggregate
regional fishery management council to
regulations also prohibit night fishing, optimum yield (OY) for the Gulf shrimp
submit any FMP or amendment to
establish sites for disembarkation, and fishery, determine a minimum number
NMFS for review and approval, partial
require the use of vessel monitoring of Federal commercial vessel
approval, or disapproval. The
systems http://diariooficial.gob.mx/ moratorium permits in the fishery,
Magnuson-Stevens Act also requires
DOFmobile/nota_detalle.php?codigo= would allow for the creation of a
that NMFS, upon receiving a plan or
5488674&fecha=30/06/2017. Federal Gulf shrimp reserve pool permit
amendment, publish an announcement
NMFS will consider public comments when certain conditions are met, and
in the Federal Register notifying the
in evaluating the request by the would allow for non-federally permitted
public that the plan or amendment is
petitioners for an import ban. In shrimping vessels to transit through the
available for review and comment.
addition to general comments on the Gulf exclusive economic zone (EEZ)
The FMP being revised by
petition, NMFS specifically requests with shrimp on board the vessel. The
Amendment 17B was prepared by the
comments on: purpose of Amendment 17B is to protect
Council and implemented through
• The adequacy of existing measures federally managed Gulf shrimp stocks
regulations at 50 CFR part 622 under the
regulating commercial fishing while maintaining catch efficiency,
authority of the Magnuson-Stevens Act.
throughout the range of the vaquita; economic efficiency, and stability in the
• Whether such measures can be fishery. Background
considered comparable in effectiveness DATES: Written comments must be From 2003 to 2006, the Gulf shrimp
to the U.S. regulatory program; received on or before October 23, 2017. fishery experienced significant
• Whether the apparent decline in the ADDRESSES: You may submit comments economic losses, primarily as a result of
sradovich on DSK3GMQ082PROD with PROPOSALS
vaquita population attributed to on Amendment 17B, identified by high fuel costs and reduced prices
interaction with commercial fishing ‘‘NOAA–NMFS–2017-0040’’ by either of caused by competition with imports.
meets the standard of ‘‘immediate and the following methods: These economic losses contributed to a
significant adverse impact on a marine • Electronic Submission: Submit all reduction in the number of vessels in
mammal stock’’ within the MMPA; and electronic public comments via the the fishery, and consequently, a
• Which specific fisheries are, or may Federal e-Rulemaking Portal. Go to reduction of commercial effort. During
be, directly associated with potential www.regulations.gov/ that time, commercial vessels in the
mortality of vaquita and therefore fall #!docketDetail;D=NOAA-NMFS-2017- Gulf shrimp fishery were required to
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![Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39735
removed from the net. This transit SUMMARY: This proposed rule would Background
exemption is expected to reduce the establish quotas, opening dates, and
time at sea required for some shrimpers retention limits for the 2018 fishing The Atlantic commercial shark
while still allowing enforcement to season for the Atlantic commercial fisheries are managed under the
verify that they have not been fishing in shark fisheries. Quotas would be authority of the Magnuson-Stevens
the EEZ. adjusted as required or allowable based Fishery Conservation and Management
A proposed rule that would on any over- and/or underharvests Act (Magnuson-Stevens Act). The 2006
implement measures outlined in experienced during 2017 and previous Consolidated Highly Migratory Species
Amendment 17B has been drafted. In fishing seasons. In addition, NMFS (HMS) Fishery Management Plan (FMP)
accordance with the Magnuson-Stevens proposes season opening dates and and its amendments are implemented
Act, NMFS is evaluating the proposed commercial retention limits based on by regulations at 50 CFR part 635. For
rule to determine whether it is adaptive management measures to the Atlantic commercial shark fisheries,
consistent with the FMP, the Magnuson- provide, to the extent practicable, the 2006 Consolidated HMS FMP and
Stevens Act, and other applicable law. fishing opportunities for commercial its amendments established, among
If that determination is affirmative, shark fishermen in all regions and areas. other things, commercial shark retention
NMFS will publish the proposed rule in The proposed measures could affect limits, commercial quotas for species
the Federal Register for public review fishing opportunities for commercial and management groups, accounting
and comment. shark fishermen in the northwestern measures for under- and overharvests
Atlantic Ocean, including the Gulf of for the shark fisheries, and adaptive
Consideration of Public Comments management measures such as flexible
Mexico and Caribbean Sea.
The Council has submitted opening dates for the fishing season and
DATES: Written comments must be inseason adjustments to shark trip
Amendment 17B for Secretarial review,
received by September 21, 2017. limits, which provide management
approval, and implementation.
Comments on Amendment 17B must be ADDRESSES: You may submit comments flexibility in furtherance of equitable
received by October 23, 2017. on this document, identified by NOAA– fishing opportunities, to the extent
Comments received during the NMFS–2017–0069, by any of the practicable, for commercial shark
respective comment periods, whether following methods: fishermen in all regions and areas.
specifically directed to the amendment • Electronic Submission: Submit all 2018 Proposed Quotas
or the proposed rule, will be considered electronic public comments via the
by NMFS in its decision to approve, Federal e-Rulemaking Portal. Go to This proposed rule would adjust the
disapprove, or partially approve the www.regulations.gov/ quota levels for the different shark
amendment and will be addressed in #!docketDetail;D=NOAA-NMFS-2017- stocks and management groups for the
the final rule. 0069, click the ‘‘Comment Now!’’ icon, 2018 Atlantic commercial shark fishing
All comments received by NMFS on complete the required fields, and enter season based on over- and
the amendment or the proposed rule or attach your comments. underharvests that occurred during
during their respective comment • Mail: Submit written comments to 2017 and previous fishing seasons,
periods will be addressed in the final Margo Schulze-Haugen, NMFS/SF1, consistent with existing regulations at
rule. 1315 East-West Highway, National 50 CFR 635.27(b). Over- and
Authority: 16 U.S.C. 1801 et seq. Marine Fisheries Service, SSMC3, Silver underharvests are accounted for in the
Spring, MD 20910. same region, sub-region, and/or fishery
Dated: August 16, 2017. in which they occurred the following
Alan D. Risenhoover, Instructions: Comments sent by any
other method, to any other address or year, except that large overharvests may
Director, Office of Sustainable Fisheries, be spread over a number of subsequent
National Marine Fisheries Service. individual, or received after the end of
the comment period, may not be fishing years up to a maximum of 5
[FR Doc. 2017–17635 Filed 8–21–17; 8:45 am] years. Shark stocks or management
considered by NMFS. All comments
BILLING CODE 3510–22–P
received are a part of the public record groups that contain one or more stocks
and will generally be posted for public that are overfished, have overfishing
viewing on www.regulations.gov occurring, or have an unknown status,
DEPARTMENT OF COMMERCE will not have underharvest carried over
without change. All personal identifying
information (e.g., name, address, etc.), in the following year. Stocks that are not
National Oceanic and Atmospheric
confidential business information, or overfished and have no overfishing
Administration
otherwise sensitive information occurring may have any underharvest
submitted voluntarily by the sender will carried over in the following year, up to
50 CFR Part 635
be publicly accessible. NMFS will 50 percent of the base quota.
[Docket No. 170605543–7737–01] accept anonymous comments (enter ‘‘N/ The quotas in this proposed rule are
A’’ in the required fields if you wish to based on dealer reports received as of
RIN 0648–XF486 remain anonymous). July 14, 2017. In the final rule, NMFS
Copies of this proposed rule and will adjust the quotas as needed based
Atlantic Highly Migratory Species; on dealer reports received as of a date
2018 Atlantic Shark Commercial supporting documents are available
in mid-October 2017. Thus, all of the
sradovich on DSK3GMQ082PROD with PROPOSALS
Fishing Season from the HMS Management Division
Web site at www.nmfs.noaa.gov/sfa/ 2018 proposed quotas for the respective
AGENCY: National Marine Fisheries hms/ or by contacting Guý DuBeck by stocks and management groups will be
Service (NMFS), National Oceanic and phone at 301–427–8503. subject to further adjustment after
Atmospheric Administration (NOAA), NMFS considers the dealer reports
FOR FURTHER INFORMATION CONTACT: Guý through mid-October. All dealer reports
Commerce. DuBeck or Karyl Brewster-Geisz at 301– that are received after the October date
ACTION: Proposed rule; request for 427–8503. will be used to adjust the 2019 quotas,
comments.
SUPPLEMENTARY INFORMATION: as appropriate.
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Document Created: 2018-10-24 11:57:11
Document Modified: 2018-10-24 11:57:11
| 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 October 23, 2017. | |
| Contact | Frank Helies, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 82 FR 39733 | |
| RIN Number | 0648-BG82 |
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