Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Amendment 9, 35571-35572 [2013-13692]

Download as PDF Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations in any one year. Further, the administrative final rule will not significantly or uniquely affect small governments. It does not require action by any non-Federal government entity. Therefore, the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et. seq.), is not required. Executive Order 12630, Government Action and Interference With Constitutionally Protected Property Rights (Takings) As required by Executive Order 12630, the Department of the Interior has determined that the rule would not cause a taking of private property. No private property rights would be affected by a rule that merely reports an address change for the Oregon/ Washington State Office. The Department therefore certifies that this administrative final rule does not represent a governmental action capable of interference with constitutionally protected property rights. Executive Order 13132, Federalism In accordance with Executive Order 13132, the BLM finds that the rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. The administrative final rule does not have substantial direct effects on the States, on the relationship between the national governments and the States, or the distribution of power and the responsibilities among the various levels of government. This administrative final rule does not preempt State law. Executive Order 12988, Civil Justice Reform Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use DEPARTMENT OF COMMERCE In accordance with Executive Order 13211, the BLM has determined that the administrative final rule will not have substantial direct effects on the energy supply, distribution or use, including a shortfall in supply or price increase. This administrative final rule is a purely administrative action and has no implications under Executive Order 13211. 50 CFR Part 622 Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 43 CFR Part 1820 Administrative practice and procedure, Archives and records, Public lands. Dated: June 4, 2013. Tommy P. Beaudreau, Acting Assistant Secretary, Land and Minerals Management. For the reasons discussed in the preamble, the Bureau of Land Management amends 43 CFR part 1820 as follows: PART 1820—APPLICATION PROCEDURES 1. The authority citation for part 1820 continues to read as follows: ■ Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740. This administrative final rule is a purely administrative regulatory action having no effects upon the public and will not unduly burden the judicial system and meets the requirements of Sections 3(a) and 3(b)(2) of the Executive Order. Subpart 1821—General Information 2. Amend § 1821.10 in paragraph (a) by removing the entry for Oregon and adding in its place an entry for Oregon/ Washington to read as follows: ■ tkelley on DSK3SPTVN1PROD with RULES4 Executive Order 13175, Consultation and Coordination With Indian Tribal Governments § 1821.10 In accordance with the Executive Order 13175, the BLM finds that the rule does not include policies that have tribal implications. This administrative final rule is purely an administrative action having no effects upon the public or the environment, imposing no costs, and merely updating the BLM, Oregon/ Washington State Office address included in the Code of Federal Regulations. STATE OFFICES AND AREAS OF JURISDICTION VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 35571 Where are BLM offices located? * * * * * Oregon/Washington State Office, 1220 SW. 3rd Avenue, Portland, Oregon 97204, P.O. Box 2965, Portland, Oregon 97208—Oregon and Washington. * * * * * [FR Doc. 2013–14033 Filed 6–12–13; 8:45 am] BILLING CODE 4310–33–P Frm 00023 [Docket No. 120919470–3513–02] RIN 0648–BC58 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Amendment 9 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of final action; revision to Fishery Management Plan. AGENCY: SUMMARY: NMFS issues this final rule to implement Amendment 9 (Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the criteria and procedures by which a South Atlantic state may request a concurrent closure of the exclusive economic zone (EEZ) to the commercial harvest of penaeid shrimp (brown, pink, and white shrimp) when state waters close as a result of severe winter weather. Amendment 9 also revises the overfished and overfishing status determination criteria for pink shrimp. The purpose of this rule is to increase the flexibility and timeliness of the criteria and process for implementing a concurrent closure of penaeid shrimp harvest in the EEZ to maximize protection of overwintering white shrimp in the South Atlantic. DATES: This rule is effective July 15, 2013. Electronic copies of Amendment 9, which includes an environmental assessment, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https:// sero.nmfs.noaa.gov. ADDRESSES: Kate Michie, telephone: 727–824–5305, or email: kate.michie@noaa.gov. SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South Atlantic is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. On March 4, 2013, NMFS published a notice of availability for Amendment 9 and requested public comment (78 FR FOR FURTHER INFORMATION CONTACT: (a) * * * PO 00000 National Oceanic and Atmospheric Administration Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1 35572 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations 14069). On March 20, 2013, NMFS published a proposed rule for Amendment 9 and requested public comment (78 FR 17178). The proposed rule and Amendment 9 outline the rationale for the actions contained in this final rule. A summary of the actions implemented by this final rule is provided below. Management Measures Contained in This Final Rule The management measures contained in Amendment 9 and this final rule do not require any changes to the current regulatory text within § 622.206(a), ‘‘South Atlantic shrimp cold weather closure.’’ This is because the current regulations refer to the FMP for the specific criteria and procedures required to implement a concurrent closure of the EEZ for penaeid shrimp. This final rule revises those criteria and procedures within the FMP; however, the regulatory text does not change. tkelley on DSK3SPTVN1PROD with RULES4 Criteria Used to Trigger a State’s Ability To Request a Concurrent Closure of the EEZ to Penaeid Shrimp Commercial Harvest This final rule revises the criteria that a state must meet to request from NMFS a closure of commercial penaeid shrimp harvest in Federal waters following severe winter weather and a closure of state waters. Currently, a state must demonstrate at least an 80-percent reduction in the population of overwintering white shrimp in order to justify a closure. This rule requires that a state must demonstrate either at least an 80-percent reduction in the population of overwintering white shrimp, or that state water temperatures were 9 °C (48 °F) or less, for at least 7 consecutive days. These revised criteria provide increased flexibility for a state to protect the overwintering white shrimp in adjacent EEZ waters. Process for a State To Request a Concurrent Closure of the EEZ To Penaeid Shrimp Commercial Harvest This final rule revises the procedures for a state to request a closure of the penaeid shrimp commercial sector in the EEZ concurrent with a closure of its state waters. The revised procedures allow a state, after determining that the revised concurrent closure criteria have been met, to submit a letter directly to the NMFS Regional Administrator (RA) with the request and supporting data for a concurrent closure of penaeid shrimp harvest in the EEZ adjacent to the closed state waters. After a review of the request and supporting information, if the RA determines the recommended closure is in accordance with the VerDate Mar<15>2010 17:10 Jun 12, 2013 Jkt 229001 procedures and criteria specified in the FMP and the Magnuson-Stevens Act, NMFS would implement the closure through a notification in the Federal Register. These revised procedures reduce the administrative burden to the states and the Council through their more efficient process. Additional Management Measure Contained in Amendment 9 Amendment 9 also revises the overfished and overfishing status determination criteria (biomass at the maximum sustainable yield (BMSY)) for the pink shrimp stock. The BMSY proxy is revised based on more recent Southeast Area Monitoring and Assessment Program (SEAMAP) harvest data for pink shrimp. Specifically, Amendment 9 revises the BMSY proxy for pink shrimp using the lowest catch per unit effort (CPUE) value from SEAMAP during the period 1990–2011 (0.089 individuals per hectare). The Council and NMFS determined that the pink shrimp stock size that produced the relatively low CPUE value of 0.089 individuals per hectare does not compromise the long-term capacity of the pink shrimp stock to achieve MSY, because the low stock size has historically produced a biomass the following year that is capable of achieving MSY, based on the best available science. Comments and Responses NMFS received two comment submissions on Amendment 9 and the proposed rule. One letter was from an individual that expressed support for Amendment 9 and the proposed rule and the other submission was from a Federal agency stating that they had no comments on Amendment 9 or the proposed rule. No other comments were received. NMFS agrees with the individual commenter that this amendment will help protect overwintering white shrimp. Changes From the Proposed Rule On April 17, 2013, NMFS published in the Federal Register an interim final rule to reorganize the regulations in 50 CFR part 622 for the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950). That interim final rule did not create any new rights or obligations; it reorganized the existing regulatory requirements in the Code of Federal Regulations into a new format. This final rule incorporates this new format but does not change the specific regulatory measures that were discussed in the proposed rule. As a result of this reorganization, the shrimp cold weather closure regulatory text previously PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 located at § 622.35(d) is now located at § 622.206(a). Classification The Regional Administrator, Southeast Region, NMFS, has determined that this final rule is necessary to more efficiently manage the penaeid shrimp resource, and is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. No duplicative, overlapping, or conflicting Federal rules have been identified. This final rule would not establish any new reporting or record-keeping requirements. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. Authority: 16 U.S.C. 1801 et seq. Dated: June 4, 2013. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, Performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2013–13692 Filed 6–12–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 121018563–3148–02] RIN 0648–XC722 Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of closure. AGENCY: SUMMARY: NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35571-35572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120919470-3513-02]
RIN 0648-BC58


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the Southern Atlantic States; Amendment 9

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

ACTION: Notification of final action; revision to Fishery Management 
Plan.

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SUMMARY: NMFS issues this final rule to implement Amendment 9 
(Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of 
the South Atlantic Region (FMP), as prepared and submitted by the South 
Atlantic Fishery Management Council (Council). This final rule revises 
the criteria and procedures by which a South Atlantic state may request 
a concurrent closure of the exclusive economic zone (EEZ) to the 
commercial harvest of penaeid shrimp (brown, pink, and white shrimp) 
when state waters close as a result of severe winter weather. Amendment 
9 also revises the overfished and overfishing status determination 
criteria for pink shrimp. The purpose of this rule is to increase the 
flexibility and timeliness of the criteria and process for implementing 
a concurrent closure of penaeid shrimp harvest in the EEZ to maximize 
protection of overwintering white shrimp in the South Atlantic.

DATES: This rule is effective July 15, 2013.

ADDRESSES: Electronic copies of Amendment 9, which includes an 
environmental assessment, and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305, 
or email: kate.michie@noaa.gov.

SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South 
Atlantic is managed under the FMP. The FMP was prepared by the Council 
and is implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.
    On March 4, 2013, NMFS published a notice of availability for 
Amendment 9 and requested public comment (78 FR

[[Page 35572]]

14069). On March 20, 2013, NMFS published a proposed rule for Amendment 
9 and requested public comment (78 FR 17178). The proposed rule and 
Amendment 9 outline the rationale for the actions contained in this 
final rule. A summary of the actions implemented by this final rule is 
provided below.

Management Measures Contained in This Final Rule

    The management measures contained in Amendment 9 and this final 
rule do not require any changes to the current regulatory text within 
Sec.  622.206(a), ``South Atlantic shrimp cold weather closure.'' This 
is because the current regulations refer to the FMP for the specific 
criteria and procedures required to implement a concurrent closure of 
the EEZ for penaeid shrimp. This final rule revises those criteria and 
procedures within the FMP; however, the regulatory text does not 
change.

Criteria Used to Trigger a State's Ability To Request a Concurrent 
Closure of the EEZ to Penaeid Shrimp Commercial Harvest

    This final rule revises the criteria that a state must meet to 
request from NMFS a closure of commercial penaeid shrimp harvest in 
Federal waters following severe winter weather and a closure of state 
waters. Currently, a state must demonstrate at least an 80-percent 
reduction in the population of overwintering white shrimp in order to 
justify a closure. This rule requires that a state must demonstrate 
either at least an 80-percent reduction in the population of 
overwintering white shrimp, or that state water temperatures were 9 
[deg]C (48[emsp14][deg]F) or less, for at least 7 consecutive days. 
These revised criteria provide increased flexibility for a state to 
protect the overwintering white shrimp in adjacent EEZ waters.

Process for a State To Request a Concurrent Closure of the EEZ To 
Penaeid Shrimp Commercial Harvest

    This final rule revises the procedures for a state to request a 
closure of the penaeid shrimp commercial sector in the EEZ concurrent 
with a closure of its state waters. The revised procedures allow a 
state, after determining that the revised concurrent closure criteria 
have been met, to submit a letter directly to the NMFS Regional 
Administrator (RA) with the request and supporting data for a 
concurrent closure of penaeid shrimp harvest in the EEZ adjacent to the 
closed state waters. After a review of the request and supporting 
information, if the RA determines the recommended closure is in 
accordance with the procedures and criteria specified in the FMP and 
the Magnuson-Stevens Act, NMFS would implement the closure through a 
notification in the Federal Register. These revised procedures reduce 
the administrative burden to the states and the Council through their 
more efficient process.

Additional Management Measure Contained in Amendment 9

    Amendment 9 also revises the overfished and overfishing status 
determination criteria (biomass at the maximum sustainable yield 
(BMSY)) for the pink shrimp stock. The BMSY proxy 
is revised based on more recent Southeast Area Monitoring and 
Assessment Program (SEAMAP) harvest data for pink shrimp. Specifically, 
Amendment 9 revises the BMSY proxy for pink shrimp using the 
lowest catch per unit effort (CPUE) value from SEAMAP during the period 
1990-2011 (0.089 individuals per hectare). The Council and NMFS 
determined that the pink shrimp stock size that produced the relatively 
low CPUE value of 0.089 individuals per hectare does not compromise the 
long-term capacity of the pink shrimp stock to achieve MSY, because the 
low stock size has historically produced a biomass the following year 
that is capable of achieving MSY, based on the best available science.

Comments and Responses

    NMFS received two comment submissions on Amendment 9 and the 
proposed rule. One letter was from an individual that expressed support 
for Amendment 9 and the proposed rule and the other submission was from 
a Federal agency stating that they had no comments on Amendment 9 or 
the proposed rule. No other comments were received. NMFS agrees with 
the individual commenter that this amendment will help protect 
overwintering white shrimp.

Changes From the Proposed Rule

    On April 17, 2013, NMFS published in the Federal Register an 
interim final rule to reorganize the regulations in 50 CFR part 622 for 
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950). 
That interim final rule did not create any new rights or obligations; 
it reorganized the existing regulatory requirements in the Code of 
Federal Regulations into a new format. This final rule incorporates 
this new format but does not change the specific regulatory measures 
that were discussed in the proposed rule. As a result of this 
reorganization, the shrimp cold weather closure regulatory text 
previously located at Sec.  622.35(d) is now located at Sec.  
622.206(a).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary to more efficiently manage the 
penaeid shrimp resource, and is consistent with the Magnuson-Stevens 
Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. No duplicative, overlapping, or 
conflicting Federal rules have been identified. This final rule would 
not establish any new reporting or record-keeping requirements.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule is not repeated here. No comments were received regarding 
this certification. As a result, a regulatory flexibility analysis was 
not required and none was prepared.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 4, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-13692 Filed 6-12-13; 8:45 am]
BILLING CODE 3510-22-P