Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8, 31907-31914 [2014-12655]

Download as PDF Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules wreier-aviles on DSK5TPTVN1PROD with PROPOSALS small business firm’s business operations. The Service’s current understanding of the requirements under the RFA, as amended, and following recent court decisions, is that Federal agencies are required to evaluate the potential incremental impacts of rulemaking only on those entities directly regulated by the rulemaking itself, and therefore, not required to evaluate the potential impacts to indirectly regulated entities. The regulatory mechanism through which critical habitat protections are realized is section 7 of the Act, which requires Federal agencies, in consultation with the Service, to ensure that any action authorized, funded, or carried by the Agency is not likely to destroy or adversely modify critical habitat. Therefore, under section 7 only Federal action agencies are directly subject to the specific regulatory requirement (avoiding destruction and adverse modification) imposed by critical habitat designation. Consequently, it is our position that only Federal action agencies will be directly regulated by this designation. There is no requirement under RFA to evaluate the potential impacts to entities not directly regulated. Moreover, Federal agencies are not small entities. Therefore, because no small entities are directly regulated by this rulemaking, the Service certifies that, if promulgated, the proposed critical habitat designation for the Bi-State DPS will not have a significant economic impact on a substantial number of small entities. In summary, we have considered whether the proposed designation would result in a significant economic impact on a substantial number of small entities. For the above reasons and based on currently available information, we certify that, if promulgated, the proposed critical habitat designation would not have a significant economic impact on a substantial number of small business entities. Therefore, an initial regulatory flexibility analysis is not required. Executive Order 12630 (Takings) In accordance with Executive Order 12630 (Government Actions and Interference with Constitutionally Protected Private Property Rights), we have analyzed the potential takings implications of designating critical habitat for the Bi-State DPS in a takings implications assessment. As discussed above, the designation of critical habitat affects only Federal actions. Although private parties that receive Federal funding, assistance, or require approval or authorization from a Federal agency for an action may be indirectly impacted VerDate Mar<15>2010 18:16 Jun 02, 2014 Jkt 232001 by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. The economic analysis found that no significant economic impacts are likely to result from the designation of critical habitat for the BiState DPS. Because the Act’s critical habitat protection requirements apply only to Federal agency actions, few conflicts between critical habitat and private property rights should result from this designation. Based on information contained in the economic analysis assessment and described within this document, it is not likely that economic impacts to a property owner would be of a sufficient magnitude to support a takings action. Therefore, the takings implications assessment concludes that this proposed designation of critical habitat for the BiState DPS does not pose significant takings implications for lands within or affected by the designation. Authors The primary authors of this document are the staff members of the Pacific Southwest Regional Office and the Nevada Fish and Wildlife Office, Region 8, U.S. Fish and Wildlife Service. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: May 19, 2014. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–12858 Filed 6–2–14; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140214145–4145–01] RIN 0648–BD81 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes regulations to implement Amendment 8 to the Fishery SUMMARY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 31907 Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (FMP) (Amendment 8), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would expand portions of the northern and western boundaries of the Oculina Bank habitat area of particular concern (HAPC) (Oculina Bank HAPC) and allow transit through the Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify vessel monitoring systems (VMS) requirements for rock shrimp fishermen transiting through the Oculina Bank HAPC; expand a portion of the western boundary of the Stetson Reefs, Savannah and East Florida Lithotherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson-Miami Terrace CHAPC), including modifications to the shrimp access area A, which is proposed to be renamed ‘‘shrimp access area 1’’; and expand a portion of the northern boundary of the Cape Lookout Lophelia Banks Deepwater CHAPC (Cape Lookout CHAPC). In addition, this proposed rule makes a minor administrative change to the names of the shrimp fishery access areas. The purpose of this rule is to increase protections for deepwater coral based on new information for deepwater coral resources in the South Atlantic. Written comments must be received on or before July 3, 2014. DATES: You may submit comments on the proposed rule, identified by ‘‘NOAA–NMFS–2014–0065’’, by any of the following methods: • Electronic submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20140065, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Karla Gore, 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 ADDRESSES: E:\FR\FM\03JNP1.SGM 03JNP1 31908 Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic copies of Amendment 8, which include an environmental assessment and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov. Comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted in writing to Anik Clemens, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and OMB, by email at OIRA Submission@omb.eop.gov, or by fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, telephone: 727–824–5305. South Atlantic coral is managed under the FMP. The FMP is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. SUPPLEMENTARY INFORMATION: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Background Recent scientific exploration has identified areas of high relief features and hard bottom habitat outside the boundaries of the existing Oculina Bank HAPC, Stetson-Miami Terrace CHAPC, and the Cape Lookout CHAPC. During its October 2011 meeting, the Council’s Coral Advisory Panel (AP) (Coral AP) recommended the Council revisit the boundaries of the Oculina Bank HAPC, Stetson-Miami Terrace CHAPC, and the Cape Lookout CHAPC to incorporate these areas of additional deepwater coral habitat that were previously uncharacterized. The Council reviewed the recommendations for expansion of these areas and associated VMS analyses of rock shrimp fishing activity, and approved the measures for public scoping through Comprehensive Ecosystem-Based Amendment 3. The Council subsequently moved these measures into Amendment 8. The Council’s Coral, Habitat, Deepwater Shrimp, and Law Enforcement APs worked collectively to refine the recommendations from the public scoping process and provided input to the Council on expanding the HAPC and CHAPC boundaries, and establishing a transit provision for the Oculina Bank HAPC. VerDate Mar<15>2010 15:20 Jun 02, 2014 Jkt 232001 Management Measures Contained in This Proposed Rule If implemented, this proposed rule would expand the boundaries of the Oculina Bank HAPC and allow transit through the Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify the VMS requirements for rock shrimp fishermen transiting the Oculina Bank HAPC; expand the boundaries of the Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC; and make a minor administrative change to the names of the shrimp fishery access areas. The purpose of these measures is to provide better protection for deepwater coral ecosystems. Expansion of Oculina Bank HAPC The Oculina Bank HAPC was first established in 1984, with implementation of the FMP (49 FR 29607, August 22, 1984). Within the Bank HAPC, it is unlawful to use a bottom longline, bottom trawl, dredge, pot or trap, and if aboard a fishing vessel it is unlawful to anchor, use an anchor and chain, or use a grapple and chain. Additionally, it is unlawful to fish for or possess rock shrimp in or from the Oculina Bank HAPC on board a fishing vessel. Currently, the Oculina Bank HAPC is a 289-square mile (749square km) area. If implemented, this proposed rule would increase the size of the Oculina Bank HAPC by 405.42 square miles (1,050 square km), for a total area of 694.42 square miles (1,798.5 square km) and, except for a limited transit provision described below, would extend these prohibitions to the larger area, and increase protection of coral. Transit Provision Through Oculina Bank HAPC If implemented, this proposed rule would establish a transit provision to allow fishing vessels with rock shrimp onboard to transit the Oculina Bank HAPC under limited circumstances. To be considered to be in transit and thus excepted from the prohibition on possessing rock shrimp in the Oculina Bank HAPC, a vessel must have a valid commercial permit for rock shrimp, the vessel’s gear would be required to be appropriately stowed (i.e., doors and nets would be required to be out of water and onboard the deck or below the deck of the vessel), and the vessel would be required to maintain a direct and non-stop continuous course through the HAPC at a minimum speed of 5 knots, as determined by an operating VMS approved for the South Atlantic rock shrimp fishery onboard the vessel. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 In addition, this rule proposes to modify the VMS requirements to require all vessels with rock shrimp onboard that choose to transit the Oculina Bank HAPC to have a VMS unit that registers a VMS ping (signal) rate of 1 ping per 5 minutes. Vessels with newer VMS units would not be required to purchase VMS units because those units are capable of registering a VMS ping (signal) rate of 1 ping per 5 minutes, however, they would be required to reconfigure or upgrade their VMS hardware/software to generate the higher ping rate. Vessels with older VMS units are not capable of producing the required ping rate and these vessels would be required to purchase a newer unit in order to be able to transit through the Oculina Bank HAPC with rock shrimp on board. Please note that any newly installed VMS unit must comply with the regulations at 50 CFR 622.205(b) regarding installation by a qualified marine electrician, and the vessel owner or operator must comply with current reporting regulations. This transit provision would allow rock shrimp fishermen to access additional rock shrimp fishing grounds in less time using less fuel than if the fishermen were required to travel around the Oculina Bank HAPC. Expansion of the Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC The Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC were established in 2010 through the Comprehensive Ecosystem-Based Amendment 1 to protect deepwater coral ecosystems (75 FR 35330, June 22, 2010). Within the CHAPCs, including the Stetson-Miami Terrace and Cape Lookout CHAPCs, it is currently unlawful to use a bottom longline, trawl (mid-water or bottom), dredge, pot or trap, and if aboard a fishing vessel, it is unlawful to anchor, use an anchor and chain, or use a grapple and chain. Additionally, it is currently unlawful to fish for or possess coral in or from the CHAPCs on board a fishing vessel. If implemented, this proposed rule would increase the size of the StetsonMiami Terrace CHAPC by 490 square miles (1,269 square km), for a total area of 24,018 square miles (62,206 square km), and increase the size of the Cape Lookout CHAPC by 10 square miles (26 square km), for a total area of 326 square miles (844 square km), and would extend the gear prohibitions to the larger area to increase protection of deepwater coral ecosystems. The expansion of the Stetson-Miami Terrace CHAPC would also provide royal red shrimp fishermen a new zone adjacent to the existing shrimp access area A E:\FR\FM\03JNP1.SGM 03JNP1 Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules (proposed to be renamed ‘‘shrimp access area 1’’, as discussed in the next section of this preamble) within which they can haul back fishing gear without drifting into an area where their gear is prohibited. Thus, this shrimp fishery access area would be expanded to include the new haul-back zone if this rule is implemented. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Other Changes Contained in This Proposed Rule Not Contained in Amendment 8 This rule also proposes to revise the names of the shrimp fishery access areas in the regulations implemented through the Comprehensive Ecosystem-Based Amendment 1 (75 FR 35330, June 22, 2010) to match the names in the FMP. Currently, in 50 CFR 622.224(c)(3), the four shrimp fishery access areas are titled ‘‘shrimp access area A–D’’. If implemented, this proposed rule would revise 50 CFR 622.224(c)(3), to change the four shrimp fishery access areas titles to ‘‘shrimp access area 1–4’’. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NOAA Assistant Administrator for Fisheries (AA) has determined that this proposed rule is consistent with Amendment 8, the FMP, 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 that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows: The purpose of this proposed rule is to address recent discoveries of deepwater coral resources and protect deepwater coral ecosystems in the Council’s jurisdiction from activities that could compromise their condition. The Magnuson-Stevens Act provides the statutory basis for this proposed rule. This proposed rule, if implemented, is expected to directly affect up to 700 vessels that commercially harvest snapper-grouper species and up to 104 vessels that commercially harvest rock shrimp in the affected areas of the exclusive economic zone (EEZ) in the South Atlantic. Among the vessels that harvest rock shrimp, an estimated 9 vessels also harvest royal red shrimp. The average vessel involved in commercial snapper-grouper harvest is VerDate Mar<15>2010 15:20 Jun 02, 2014 Jkt 232001 estimated to earn approximately $28,700 (2012 dollars) in annual gross revenue, and the average vessel involved in rock shrimp harvest is estimated to earn approximately $20,500 (2012 dollars) in annual gross revenue. The average annual gross revenue for vessels that harvest both rock shrimp and royal red shrimp is estimated to be approximately $113,000 (2012 dollars). NMFS has not identified any other small entities that would be expected to be directly affected by this proposed rule. The Small Business Administration (SBA) has established size criteria for all major industry sectors in the United States including seafood dealers and harvesters. A business involved in commercial finfish fishing 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 $19.0 million (NAICS code 114111, Finfish Fishing). The receipts threshold for a business involved in shrimp fishing is $5.0 million (NAICS code 114112, Shellfish Fishing). These receipts thresholds are the result of a final rule issued by the SBA on June 20, 2013 (78 FR 37398), that went into effect on July 22, 2013, and increased the size standard for Finfish Fishing from $4.0 million to $19.0 million and the size standard for Shellfish Fishing from $4.0 million to $5.0 million. Because the average annual gross revenues for the commercial fishing operations expected to be directly affected by this proposed rule are significantly less than the SBA revenue threshold, all these businesses are determined, for the purpose of this analysis, to be small business entities. This proposed rule contains four separate actions. The first action would expand the boundaries of the Oculina Bank HAPC. Expansion of the Oculina Bank HAPC would be expected to affect vessels that harvest snapper-grouper, rock shrimp, and royal red shrimp because some fishermen have historically harvested these species in this area and would be prevented by the expansion from continuing to fish here. The expected maximum potential reduction in total gross revenue from snapper-grouper species as a result of the proposed expansion of the Oculina Bank HAPC would be approximately $56,000 (2012 dollars), or less than 0.3 percent of the total average annual revenue from snapper-grouper species. The expected maximum potential reduction in revenue from snappergrouper species is minimal, and fishermen may be able to absorb the reduction or adapt their fishing PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 31909 practices to the expansion of the Oculina Bank HAPC and increase their fishing effort, and harvest, in other locations to mitigate the impact of the reduction. Additionally, fishermen may benefit from spill-over effects (increased total harvest or more cost efficient harvest) of the enhanced productivity of the protected Oculina Bank HAPC. All vessels that harvest royal red shrimp are expected to also harvest rock shrimp. Royal red shrimp are not managed in a fishery management plan by the Council. Because royal red shrimp are not managed in a fishery management plan by the Council, neither logbooks nor VMS units are required to harvest royal red shrimp. As a result, NMFS cannot determine with available data what portion of the average annual royal red harvest may be affected by the proposed expansion of the Oculina Bank HAPC. However, the primary effect of the proposed expansion of the Oculina Bank HAPC, i.e., the exclusion of traditional fishing activities from this area and the reduction of associated revenues, as identified through public comment during the development of this proposed action and the use of VMS data, would be expected to be on the harvest of rock shrimp and not the harvest of royal red shrimp. This proposed rule is expected to reduce the total revenue from rock shrimp for all potentially affected rock shrimp fishermen (104 vessels) by a maximum of approximately $189,500 (2012 dollars), or approximately 8.5 percent of the total average annual gross revenue from rock shrimp ($20,500; 2012 dollars). Although the revenue from royal red shrimp also may be affected, as discussed above, the average annual gross revenue for vessels harvesting both rock shrimp and royal red shrimp ($113,000; 2012 dollars) is substantially higher than the average annual gross revenue for vessels that do not harvest royal red shrimp. As a result, the economic effects of the proposed expansion of the Oculina Bank HAPC on vessels that harvest royal red shrimp are expected to be minor. The second action would establish transit provisions through the Oculina Bank HAPC for a vessel with rock shrimp on board. This proposed rule would allow vessel transit through the Oculina Bank HAPC by a vessel with rock shrimp on board if the vessel maintains a direct and non-stop continuous course at a minimum speed of 5 knots as determined by an operating VMS approved for the South Atlantic rock shrimp fishery onboard the vessel that registers a VMS ping (signal) rate of 1 ping per 5 minutes, and if that vessel’s E:\FR\FM\03JNP1.SGM 03JNP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 31910 Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules gear is appropriately stowed (i.e., doors and nets would be required to be out of water and onboard the deck or below the deck of the vessel). NMFS estimates this VMS ping rate, which is more frequent than that currently required, will result in increased costs for vessels choosing to transit if the vessel’s current VMS unit cannot ping at the acceptable rate (i.e., 5 minutes). Therefore, vessels will need to update their VMS unit or purchase a new VMS unit to meet the VMS unit ping rate requirement if they choose to transit the Oculina Bank HAPC with rock shrimp on board. For all vessels, the communication cost also would increase by an unknown amount depending on the frequency of transit. The purchase and installation of these new units and upgrades, and the decision to transit and incur increased communication costs would be voluntary. The use of VMS units on rock shrimp vessels has been required since 2003. As a result, all affected vessels are expected to have extensive experience using VMS units and are expected to already have captains or crew with the appropriate skills and training to use VMS equipment. At the time when this rule was drafted, there were 104 permits issued in the rock shrimp fishery; however, only 79 are currently active in the fishery. Of the 79 active vessels, 57 vessels currently use a VMS unit capable of producing this ping rate. If these vessels choose to transit through the Oculina Bank HAPC with rock shrimp onboard, they would be required to spend approximately $200 for hardware or software upgrades to increase the ping rate, and approximately $100 for postage for delivery of the VMS unit to and from the vendor. Because the decision to transit would be voluntary, a vessel owner would be expected to schedule the upgrade during a period when fishing does not normally occur. As a result, the upgrade would not be expected to adversely affect fishing time or revenue. The remaining 22 vessels do not currently use a VMS unit capable of producing this ping rate. If these vessels choose to transit through the Oculina Bank HAPC with rock shrimp onboard these vessels would be expected to have to incur new expenses of approximately $2,795 to $3,595 for purchase and installation of a new VMS unit and appropriate software. Any vessel transiting the Oculina Bank HAPC with rock shrimp onboard also would be expected to incur increased communication costs because of the increased communication (ping) rate of their VMS unit. The total amount of the VerDate Mar<15>2010 15:20 Jun 02, 2014 Jkt 232001 increased communication cost would depend on how frequently a vessel transits the area. Although these expenses would be required to allow transit through the Oculina Bank HAPC with rock shrimp onboard, all of these expenses would be voluntarily incurred because the proposed rule would not require that vessels transit the area. Further, the net economic effect per entity of transiting would be expected to be positive. Transit through the Oculina Bank HAPC would be expected to reduce operating expenses by allowing a vessel to avoid time-consuming and costly travel around the area. Also, revenue may be increased if a reduction in travel time allows longer fishing. Overall, a fisherman would only choose to incur the increased VMS costs associated with transit if they concluded they would receive a net increase in economic benefits, regardless of the source of these benefits. As a result, this component of the proposed rule would be expected to have a direct positive economic effect on all affected small entities. Combined, the expected effects of the proposed expansion of the Oculina Bank HAPC and proposed transit provisions for vessels with rock shrimp on board would be expected to range from a minor short term reduction in the average annual gross revenue from rock shrimp to a net positive economic effect on the average rock shrimp vessel. Although the proposed expansion of the Oculina Bank HAPC would be expected to reduce rock shrimp revenue from this area, the proposed transit provisions would be expected to reduce operating costs and potentially increase rock shrimp revenue by allowing more time to harvest rock shrimp from other areas where permitted. As a result, these two components of this proposed rule collectively would not be expected to have a significant adverse economic effect on a substantial number of small entities. The third action in this proposed rule would expand the boundaries of the Stetson-Miami Terrace CHAPC by 490 square miles (1,269 square km), for a total area of 24,018 square miles (62,206 square km). Fishing for snapper-grouper species does not occur normally in this area and fishing for other finfish or golden crab would not be expected to be affected by the proposed expansion of the Stetson-Miami Terrace CHAPC. This action would also allow a gear haul back/drift zone to accommodate the royal red shrimp fishery that occurs in this area. As a result, this component of the proposed rule would not be expected to reduce the revenue of any small entities. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 The fourth action would expand the boundaries of the Cape Lookout CHAPC by 10 square miles (26 square km), for a total area of 326 square miles (844 square km). Similar to the proposed expansion of the Stetson-Miami Terrace CHAPC, fishing for snapper-grouper species does not occur normally in this area and fishing for other finfish or golden crab would not be expected to be affected because of the small size of the expansion and availability of nearby areas with similar fishable habitat for these species. As a result, this component of the proposed rule would not be expected to reduce the revenue of any small entities. Based on the discussion above, NMFS determines that this proposed rule, if implemented, would not have a significant economic effect on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection-of-information subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection-of-information displays a currently valid Office of Management and Budget (OMB) control number. This proposed rule contains collection-of-information requirements subject to the PRA. NMFS is revising the collection-of-information requirements under OMB control number 0648–0205. Since 2003, NMFS has required VMS be installed and maintained on commercially permitted South Atlantic rock shrimp vessels. NMFS estimates the increased VMS ping (signal) rate that would be required by this proposed rule would result in increased costs for vessels that choose to transit through the Oculina Bank HAPC and whose current VMS unit does not have the capability to ping at the higher rate (5 minutes) because those vessels would need to update their current VMS unit or purchase a new VMS unit. Currently, all 79 vessels actively participating in the rock shrimp fishery have a VMS unit. Of those vessels, 22 have older VMS units purchased in 2003, which would need to be upgraded to transit through the Oculina Bank HAPC with rock shrimp onboard. Replacement VMS units would not be eligible for reimbursement by the NMFS Office of Law Enforcement VMS fund. The 22 vessels needing to upgrade their VMS units would have to pay for the installation, maintenance, and increased communications charges associated with having an upgraded VMS. E:\FR\FM\03JNP1.SGM 03JNP1 31911 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules Assuming all 22 vessels needing to upgrade their VMS units choose the lowest priced VMS unit available at $2,495 each, the total cost of 22 units is expected to be $54,890. The additional cost of installation would be approximately $300 for each of the 22 vessels ($6,600 total for all 22 units) for a total minimum cost (VMS unit and installation) of $2,795 for each of the 22 vessels and $61,490 for the fishery to upgrade to the least expensive necessary current hardware and software. Currently, all rock shrimp vessels, regardless of whether they must replace their VMS units, would be expected to experience an increase in costs if Amendment 8 and this proposed rule are implemented. Even the 57 vessels with the VMS units that do not need to be replaced would incur charges of approximately $150 to $250 per VMS unit to reconfigure or upgrade hardware/software to implement the more frequent ping rate if they choose to transit through the Oculina Bank HAPC with rock shrimp onboard. Reconfiguration or upgrading could include postage costs or delays if the VMS unit must be transported to the vendor to perform upgrades. Approximating the cost of each upgrade by using the medium upgrade cost of $200 per vessel for 57 VMS units, and the mail cost of $100 per vessel for the 57 vessels for postage to mail to the vendor and mail back from the vendor the VMS unit being sent for reconfiguring or upgrading ($50 for postage to mail to and $50 to mail back from the vendor for each of the 57 vessels) would be a one-time total cost of $17,100. If this proposed rule is implemented, the total cost of hardware and software upgrades required to allow transit for all vessels in the fleet is estimated to be $78,590. Some, if not all, of the increased costs of upgrading hardware and software, plus increased communications charges to transit through the Oculina Bank HAPC would be offset by not needing to transit around the Oculina Bank HAPC to reach additional rock shrimp fishing grounds. Allowing transit should increase the amount of time on a trip spent fishing, as well as provide savings on fuel and other vessel maintenance costs. Only a VMS that has been approved by NMFS for use in the South Atlantic rock shrimp fishery may be used, and it must be properly registered and activated with an approved communications provider for the new vessel. Additionally, it must be installed by a qualified marine electrician. When reinstalling and reactivating the NMFSapproved VMS, the vessel owner or VerDate Mar<15>2010 15:20 Jun 02, 2014 Jkt 232001 operator must: (1) Follow procedures indicated on an installation and activation checklist, available from NMFS, Office for Law Enforcement, Southeast Region, St Petersburg, FL 33701; phone: (727) 824–5347; (2) submit to NMFS, Office for Law Enforcement, Southeast Region, St Petersburg, FL, a statement certifying compliance with the checklist, as prescribed on the checklist; and (3) submit to NMFS, Office for Law Enforcement, Southeast Region, St Petersburg, FL 33701, a vendorcompleted installation certification checklist, available from NMFS, Office for Law Enforcement, Southeast Region, St Petersburg, FL 33701; phone: (727) 824–5347. On a one-time basis, the burden on each vessel owner or operator would be 15 minutes to complete a compliance checklist and certification plus 4 hours for initial installation (4.25 hours per 22 vessels in the rock shrimp fishery that would need to upgrade their VMS units for a total of 93.5 hours). In addition, each of the 79 vessels will incur 2 hours per year for VMS maintenance for a total of 158 hours. If this proposed rule is implemented, the total time-burden of hardware and software upgrades required to allow transit for all vessels in the fleet is estimated to be 251.5 hours (93.5 hours plus 158 hours). These requirements have been submitted to OMB for approval. NMFS seeks public comment regarding: Whether this proposed collection-ofinformation is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection-of-information, including through the use of automated collection techniques or other forms of information technology. Send comments regarding the burden estimate or any other aspect of the collection-ofinformation requirement, including suggestions for reducing the burden, to NMFS and to OMB (see ADDRESSES). Dated: May 27, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, 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 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 622.224, paragraphs (b)(1), (c)(1)(i), (c)(1)(iii), (c)(3)(i), (c)(3)(ii), (c)(3)(iii), and (c)(3)(iv) are revised to read as follows: ■ § 622.224 Area closures to protect South Atlantic corals. * * * * * (b) Oculina Bank HAPC—(1) HAPC is bounded by rhumb lines connecting, in order, the following points: Point North lat. Origin 1 ......... 2 ......... 3 ......... 4 ......... 5 ......... 6 ......... 7 ......... 8 ......... 9 ......... 10 ....... 11 ....... 12 ....... 13 ....... 14 ....... 15 ....... 16 ....... 17 ....... 18 ....... 19 ....... 20 ....... 21 ....... 29°43′29.82″ 29°43′30″ 29°34′51″ 29°34′07.38″ 29°29′24.9″ 29°09′32.52″ 29°04′45.18″ 28°56′01.86″ 28°52′44.4″ 28°47′28.56″ 28°46′13.68″ 28°41′16.32″ 28°35′05.76″ 28°33′50.94″ 28°30′51.36″ 28°30′00″ 28°30′ 28°16′ 28°04′30″ 28°04′30″ 27°30′ 27°30′ List of Subjects in 50 CFR Part 622 Coral, CHAPC, Coral Reefs, Fisheries, Fishing, Reporting and recordkeeping requirements, HAPC, Shrimp, South Atlantic. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\03JNP1.SGM 03JNP1 West long. 80°14′55.27″ 80°15′48.24″ 80°15′00.78″ 80°15′51.66″ 80°15′15.78″ 80°12′17.22″ 80°10′12″ 80°07′53.64″ 80°07′53.04″ 80°07′07.44″ 80°07′15.9″ 80°05′58.74″ 80°05′14.28″ 80°05′24.6″ 80°04′23.94″ 80°03′57.3″ 80°03′ 80°03′ 80°01′10.08″ 80°00′ 80°00′ 79°54′0″—Point corresponding with intersection with the 100-fathom (183-m) contour, as shown on the latest edition of NOAA chart 11460. 31912 Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules Point North lat. West long. Note: Line between point 21 and point 22 follows the 100-fathom (183-m) contour, as shown on the latest edition of NOAA chart 11460. 22 ....... wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 23 ....... 24 ....... 25 ....... 26 ....... 27 ....... 28 ....... 29 ....... 30 ....... 31 ....... Origin 28°30′00″ 79°56′56″—Point corresponding with intersection with the 100-fathom (183-m) contour, as shown on the latest edition of NOAA chart 11460. 80°00′46.02″ 80°03′28.5″ 80°03′56.76″ 80°04′48.84″ 80°08′36.9″ 80°10′06.9″ 80°11′30.06″ 80°12′38.88″ 80°13′41.04″ 80°14′55.27″ 28°30′00″ 28°46′00.84″ 28°48′37.14″ 28°53′18.36″ 29°11′19.62″ 29°17′33.96″ 29°23′35.34″ 29°30′15.72″ 29°35′55.86″ 29°43′29″ (i) In the Oculina Bank HAPC, no person may: (A) Use a bottom longline, bottom trawl, dredge, pot, or trap. (B) If aboard a fishing vessel, anchor, use an anchor and chain, or use a grapple and chain. (C) Fish for or possess rock shrimp in or from the Oculina Bank HAPC, except a shrimp vessel with a valid commercial vessel permit for rock shrimp that possesses rock shrimp may transit through the Oculina Bank HAPC if fishing gear is appropriately stowed. For the purpose of this paragraph, transit means a direct and non-stop continuous course through the area, maintaining a minimum speed of five knots as determined by an operating VMS and a VMS minimum ping rate of 1 ping per 5 minutes; fishing gear appropriately stowed means that doors and nets are out of the water and onboard the deck or below the deck of the vessel. (ii) [Reserved] * * * * * (c) * * * (1) * * * (i) Cape Lookout Lophelia Banks CHAPC is bounded by rhumb lines connecting, in order, the following points: Point Origin .. 1 .......... 2 .......... 3 .......... Origin .. * * North lat. West long. 34°24′36.996″ 34°23′28.998″ 34°27′00″ 34°27′54″ 34°24′36.996″ * VerDate Mar<15>2010 * 75°45′10.998″ 75°43′58.002″ 75°41′45″ 75°42′45″ 75°45′10.998″ * 15:20 Jun 02, 2014 Jkt 232001 (iii) Stetson Reefs, Savannah and East Florida Lithotherms, and Miami Terrace (Stetson-Miami Terrace) CHAPC is bounded by— (A) Rhumb lines connecting, in order, the following points: Point North lat. Origin .. at outer boundary of EEZ 31°23′37″ 31°23′37″ 32°38′37″ 32°38′21″ 32°35′24″ 32°32′18″ 32°28′42″ 32°25′51″ 32°22′40″ 32°20′58″ 32°20′30″ 32°19′53″ 32°18′44″ 32°17′35″ 32°17′15″ 32°15′50″ 32°15′20″ 32°12′15″ 32°10′26″ 32°04′42″ 32°03′41″ 32°04′58″ 32°06′59″ 32°09′27″ 32°11′23″ 32°13′09″ 32°14′08″ 32°12′48″ 32°13′07″ 32°14′17″ 32°16′20″ 32°16′33″ 32°14′26″ 32°11′14″ 32°10′19″ 32°09′42″ 32°08′15″ 32°05′00″ 32°01′54″ 31°58′40″ 31°56′32″ 31°53′27″ 31°50′56″ 31°49′07″ 31°47′56″ 31°47′11″ 31°46′29″ 31°44′31″ 31°43′20″ 31°42′26″ 31°41′09″ 31°39′36″ 31°37′54″ 31°35′57″ 31°34′14″ 31°31′08″ 31°30′26″ 31°29′11″ 31°27′58″ 31°27′06″ 31°26′22″ 31°24′21″ 31°22′53″ 31°21′03″ 31°20′00″ 1 .......... 2 .......... 3 .......... 4 .......... 5 .......... 6 .......... 7 .......... 8 .......... 9 .......... 10 ........ 11 ........ 12 ........ 13 ........ 14 ........ 15 ........ 16 ........ 17 ........ 18 ........ 19 ........ 20 ........ 21 ........ 22 ........ 23 ........ 24 ........ 25 ........ 26 ........ 27 ........ 28 ........ 29 ........ 30 ........ 31 ........ 32 ........ 33 ........ 34 ........ 35 ........ 36 ........ 37 ........ 38 ........ 39 ........ 40 ........ 41 ........ 42 ........ 43 ........ 44 ........ 45 ........ 46 ........ 47 ........ 48 ........ 49 ........ 50 ........ 51 ........ 52 ........ 53 ........ 54 ........ 55 ........ 56 ........ 57 ........ 58 ........ 59 ........ 60 ........ 61 ........ 62 ........ 63 ........ 64 ........ 65 ........ PO 00000 Frm 00029 Fmt 4702 West long. 79°00′00″ 79°00′00″ 77°16′21″ 77°16′21″ 77°34′06″ 77°37′54″ 77°40′26″ 77°44′10″ 77°47′43″ 77°52′05″ 77°56′29″ 77°57′50″ 78°00′49″ 78°04′35″ 78°07′48″ 78°10′41″ 78°14′09″ 78°15′25″ 78°16′37″ 78°18′09″ 78°21′27″ 78°24′07″ 78°29′19″ 78°30′48″ 78°31′31″ 78°32′47″ 78°34′04″ 78°34′36″ 78°36′34″ 78°39′07″ 78°40′01″ 78°40′18″ 78°42′32″ 78°43′23″ 78°45′42″ 78°49′08″ 78°52′54″ 78°56′11″ 79°00′30″ 79°02′49″ 79°04′51″ 79°06′48″ 79°09′18″ 79°11′29″ 79°13′35″ 79°16′08″ 79°16′30″ 79°16′25″ 79°17′24″ 79°18′27″ 79°20′41″ 79°22′26″ 79°23′59″ 79°25′29″ 79°27′14″ 79°28′24″ 79°29′59″ 79°29′52″ 79°30′11″ 79°31′41″ 79°32′08″ 79°32′48″ 79°33′51″ 79°34′41″ 79°36′01″ 79°37′12″ Sfmt 4702 Point North lat. 66 ........ 67 ........ 68 ........ 70 ........ 70 ........ 71 ........ 72 ........ 73 ........ 74 ........ 75 ........ 76 ........ 77 ........ 78 ........ 79 ........ 80 ........ 81 ........ 82 ........ 83 ........ 84 ........ 85 ........ 86 ........ 87 ........ 88 ........ 89 ........ 90 ........ 91 ........ 92 ........ 93 ........ 94 ........ 95 ........ 96 ........ 97 ........ 98 ........ 99 ........ 100 ...... 101 ...... 102 ...... 103 ...... 104 ...... 105 ...... 106 ...... 107 ...... 108 ...... 109 ...... 110 ...... 111 ...... 112 ...... 113 ...... 114 ...... 115 ...... 116 ...... 117 ...... 118 ...... 119 ...... 120 ...... 121 ...... 122 ...... 123 ...... 124 ...... 125 ...... 126 ...... 127 ...... 128 ...... 129 ...... 130 ...... 131 ...... 132 ...... 133 ...... 134 ...... 135 ...... 136 ...... 137 ...... 138 ...... 139 ...... E:\FR\FM\03JNP1.SGM 31°18′34″ 31°16′49″ 31°13′06″ 31°11′04″ 31°09′28″ 31°07′44″ 31°05′53″ 31°04′40″ 31°02′58″ 31°01′03″ 30°59′50″ 30°58′27″ 30°57′15″ 30°56′09″ 30°54′49″ 30°53′44″ 30°52′47″ 30°51′45″ 30°48′36″ 30°45′24″ 30°41′36″ 30°38′38″ 30°37′00″ 30°37′00″ 30°34′6.42″ 30°26′59.94″ 30°23′53.28″ 30°19′22.86″ 30°13′17.58″ 30°07′55.68″ 30°00′00″ 30°00′9″ 30°03′00″ 30°03′00″ 30°04′00″ 29°59′16″ 29°49′12″ 29°43′59″ 29°38′37″ 29°36′54″ 29°31′59″ 29°29′14″ 29°21′48″ 29°20′25″ 29°08′00″ 29°06′56″ 29°05′59″ 29°03′34″ 29°02′11″ 29°00′00″ 28°56′55″ 28°55′00″ 28°53′35″ 28°51′47″ 28°50′25″ 28°49′53″ 28°49′01″ 28°48′19″ 28°47′13″ 28°43′30″ 28°41′05″ 28°40′27″ 28°39′50″ 28°39′04″ 28°36′43″ 28°35′01″ 28°30′37″ 28°14′00″ 28°11′41″ 28°08′02″ 28°01′20″ 27°58′13″ 27°56′23″ 27°49′40″ 03JNP1 West long. 79°38′15″ 79°38′36″ 79°38′19″ 79°38′39″ 79°39′09″ 79°40′21″ 79°41′27″ 79°42′09″ 79°42′28″ 79°42′40″ 79°42′43″ 79°42′43″ 79°42′50″ 79°43′28″ 79°44′53″ 79°46′24″ 79°47′40″ 79°48′16″ 79°49′02″ 79°49′55″ 79°51′31″ 79°52′23″ 79°52′37.2″ 80°05′00″ 80°05′54.96″ 80°07′41.22″ 80°08′8.58″ 80°09′22.56″ 80°11′15.24″ 80°12′19.62″ 80°13′00″ 80°09′30″ 80°09′30″ 80°06′00″ 80°02′45.6″ 80°04′11″ 80°05′44″ 80°06′24″ 80°06′53″ 80°07′18″ 80°07′32″ 80°07′18″ 80°05′01″ 80°04′29″ 79°59′43″ 79°59′07″ 79°58′44″ 79°57′37″ 79°56′59″ 79°55′32″ 79°54′22″ 79°53′31″ 79°52′51″ 79°52′07″ 79°51′27″ 79°51′20″ 79°51′20″ 79°51′10″ 79°50′59″ 79°50′36″ 79°50′04″ 79°50′07″ 79°49′56″ 79°49′58″ 79°49′35″ 79°49′24″ 79°48′35″ 79°46′20″ 79°46′12″ 79°45′45″ 79°45′20″ 79°44′51″ 79°44′53″ 79°44′25″ Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules Point 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... North lat. 27°46′27″ 27°42′00″ 27°36′08″ 27°30′00″ 27°29′04″ 27°27′05″ 27°25′47″ 27°19′46″ 27°17′54″ 27°12′28″ 27°07′45″ 27°04′47″ 27°00′43″ 26°58′43″ 26°57′06″ 26°49′58″ 26°48′58″ 26°47′01″ 26°46′04″ 26°35′09″ 26°33′37″ 26°27′56″ 26°25′55″ 26°21′05″ 26°20′30″ 26°18′56″ 26°16′19″ 26°13′48″ 26°12′19″ 26°10′57″ 26°09′17″ 26°07′11″ 26°06′12″ 26°03′26″ 26°00′35″ 25°49′10″ 25°48′30″ 25°46′42″ 25°27′28″ 25°24′06″ 25°21′04″ 25°21′04″ West long. 79°44′22″ 79°44′33″ 79°44′58″ 79°45′29″ 79°45′47″ 79°45′54″ 79°45′57″ 79°45′14″ 79°45′12″ 79°45′00″ 79°46′07″ 79°46′29″ 79°46′39″ 79°46′28″ 79°46′32″ 79°46′54″ 79°46′56″ 79°47′09″ 79°47′09″ 79°48′01″ 79°48′21″ 79°49′09″ 79°49′30″ 79°50′03″ 79°50′20″ 79°50′17″ 79°54′06″ 79°54′48″ 79°55′37″ 79°57′05″ 79°58′45″ 80°00′22″ 80°00′33″ 80°01′02″ 80°01′13″ 80°00′38″ 80°00′23″ 79°59′14″ 80°02′26″ 80°01′44″ 80°01′27″ at outer boundary of EEZ (B) The outer boundary of the EEZ in a northerly direction from Point 181 to the Origin. * * * * * (3) * * * (i) Shrimp access area 1 is bounded by rhumb lines connecting, in order, the following points: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Point 1 .......... 2 .......... 3 .......... 4 .......... 5 .......... 6 .......... 7 .......... 8 .......... 9 .......... 10 ........ 11 ........ 12 ........ 13 ........ 14 ........ 15 ........ 16 ........ 17 ........ 18 ........ North lat. 30°06′30″ 30°06′30″ 30°03′00″ 30°03′00″ 30°04′00″ 29°59′16″ 29°49′12″ 29°43′59″ 29°38′37″ 29°36′54″ 29°31′59″ 29°29′14″ 29°21′48″ 29°20′25″ 29°20′25″ 29°21′48″ 29°29′14″ 29°31′59″ VerDate Mar<15>2010 West long. 80°02′2.4″ 80°05′39.6″ 80°09′30″ 80°06′00″ 80°02′45.6″ 80°04′11″ 80°05′44″ 80°06′24″ 80°06′53″ 80°07′18″ 80°07′32″ 80°07′18″ 80°05′01″ 80°04′29″ 80°03′11″ 80°03′52″ 80°06′08″ 80°06′23″ 15:20 Jun 02, 2014 Jkt 232001 Point 19 20 21 22 23 24 ........ ........ ........ ........ ........ ........ North lat. 29°36′54″ 29°38′37″ 29°43′59″ 29°49′12″ 29°59′16″ 30°06′30″ West long. 80°06′00″ 80°05′43″ 80°05′14″ 80°04′35″ 80°03′01″ 80°00′53″ (ii) Shrimp access area 2 is bounded by rhumb lines connecting, in order, the following points: Point Origin .. 1 .......... 2 .......... 3 .......... 4 .......... 5 .......... 6 .......... 7 .......... 8 .......... 9 .......... 10 ........ 11 ........ 12 ........ 13 ........ 14 ........ 15 ........ 16 ........ 17 ........ 18 ........ 19 ........ 20 ........ 21 ........ 22 ........ 23 ........ 24 ........ 25 ........ 26 ........ 27 ........ 28 ........ 29 ........ 30 ........ 31 ........ 32 ........ 33 ........ 34 ........ 35 ........ 36 ........ 37 ........ 38 ........ 39 ........ 40 ........ 41 ........ 42 ........ 43 ........ 44 ........ 45 ........ Origin .. North lat. 29°08′00″ 29°06′56″ 29°05′59″ 29°03′34″ 29°02′11″ 29°00′00″ 28°56′55″ 28°55′00″ 28°53′35″ 28°51′47″ 28°50′25″ 28°49′53″ 28°49′01″ 28°48′19″ 28°47′13″ 28°43′30″ 28°41′05″ 28°40′27″ 28°39′50″ 28°39′04″ 28°36′43″ 28°35′01″ 28°30′37″ 28°30′37″ 28°35′01″ 28°36′43″ 28°39′04″ 28°39′50″ 28°40′27″ 28°41′05″ 28°43′30″ 28°47′13″ 28°48′19″ 28°49′01″ 28°49′53″ 28°50′25″ 28°51′47″ 28°53′35″ 28°55′00″ 28°56′55″ 29°00′00″ 29°02′11″ 29°03′34″ 29°05′59″ 29°06′56″ 29°08′00″ 29°08′00″ West long. 79°59′43″ 79°59′07″ 79°58′44″ 79°57′37″ 79°56′59″ 79°55′32″ 79°54′22″ 79°53′31″ 79°52′51″ 79°52′07″ 79°51′27″ 79°51′20″ 79°51′20″ 79°51′10″ 79°50′59″ 79°50′36″ 79°50′04″ 79°50′07″ 79°49′56″ 79°49′58″ 79°49′35″ 79°49′24″ 79°48′35″ 79°47′27″ 79°48′16″ 79°48′27″ 79°48′50″ 79°48′48″ 79°48′58″ 79°48′56″ 79°49′28″ 79°49′51″ 79°50′01″ 79°50′13″ 79°50′12″ 79°50′17″ 79°50′58″ 79°51′43″ 79°52′22″ 79°53′14″ 79°54′24″ 79°55′50″ 79°56′29″ 79°57′35″ 79°57′59″ 79°58′34″ 79°59′43″ (iii) Shrimp access area 3 is bounded by rhumb lines connecting, in order, the following points: Point Origin .. 1 .......... 2 .......... 3 .......... 4 .......... 5 .......... PO 00000 North lat. 28°14′00″ 28°11′41″ 28°08′02″ 28°01′20″ 27°58′13″ 27°56′23″ Frm 00030 Fmt 4702 West long. 79°46′20″ 79°46′12″ 79°45′45″ 79°45′20″ 79°44′51″ 79°44′53″ Sfmt 4702 Point North lat. 6 .......... 7 .......... 8 .......... 9 .......... 10 ........ 11 ........ 12 ........ 13 ........ 14 ........ 15 ........ 16 ........ 17 ........ 18 ........ 19 ........ 20 ........ 21 ........ 22 ........ 23 ........ 24 ........ 25 ........ 26 ........ 27 ........ 28 ........ 29 ........ 30 ........ 31 ........ 32 ........ 33 ........ 34 ........ 35 ........ 36 ........ 37 ........ 38 ........ 39 ........ 40 ........ 41 ........ 42 ........ 43 ........ 44 ........ 45 ........ Origin .. 27°49′40″ 27°46′27″ 27°42′00″ 27°36′08″ 27°30′00″ 27°29′04″ 27°27′05″ 27°25′47″ 27°19′46″ 27°17′54″ 27°12′28″ 27°07′45″ 27°04′47″ 27°00′43″ 26°58′43″ 26°57′06″ 26°57′06″ 26°58′43″ 27°00′43″ 27°04′47″ 27°07′45″ 27°12′28″ 27°17′54″ 27°19′46″ 27°25′47″ 27°27′05″ 27°29′04″ 27°30′00″ 27°30′00″ 27°36′08″ 27°42′00″ 27°46′27″ 27°49′40″ 27°56′23″ 27°58′13″ 28°01′20″ 28°04′42″ 28°08′02″ 28°11′41″ 28°14′00″ 28°14′00″ 31913 West long. 79°44′25″ 79°44′22″ 79°44′33″ 79°44′58″ 79°45′29″ 79°45′47″ 79°45′54″ 79°45′57″ 79°45′14″ 79°45′12″ 79°45′00″ 79°46′07″ 79°46′29″ 79°46′39″ 79°46′28″ 79°46′32″ 79°44′52″ 79°44′47″ 79°44′58″ 79°44′48″ 79°44′26″ 79°43′19″ 79°43′31″ 79°43′33″ 79°44′15″ 79°44′12″ 79°44′06″ 79°43′48″ 79°44′22″ 79°43′50″ 79°43′25″ 79°43′14″ 79°43′17″ 79°43′45″ 79°43′43″ 79°44′11″ 79°44′25″ 79°44′37″ 79°45′04″ 79°45′12″ 79°46′20″ (iv) Shrimp access area 4 is bounded by rhumb lines connecting, in order, the following points: Point North lat. Origin .. 1 .......... 2 .......... 3 .......... 4 .......... 5 .......... 6 .......... 7 .......... 8 .......... 9 .......... 10 ........ 11 ........ 12 ........ 13 ........ 14 ........ 15 ........ 16 ........ 17 ........ 18 ........ 19 ........ 20 ........ 21 ........ Origin .. E:\FR\FM\03JNP1.SGM 26°49′58″ 26°48′58″ 26°47′01″ 26°46′04″ 26°35′09″ 26°33′37″ 26°27′56″ 26°25′55″ 26°21′05″ 26°20′30″ 26°18′56″ 26°18′56″ 26°20′30″ 26°21′05″ 26°25′55″ 26°27′56″ 26°33′37″ 26°35′09″ 26°46′04″ 26°47′01″ 26°48′58″ 26°49′58″ 26°49′58″ 03JNP1 West long. 79°46′54″ 79°46′56″ 79°47′09″ 79°47′09″ 79°48′01″ 79°48′21″ 79°49′09″ 79°49′30″ 79°50′03″ 79°50′20″ 79°50′17″ 79°48′37″ 79°48′40″ 79°48′08″ 79°47′49″ 79°47′29″ 79°46′40″ 79°46′20″ 79°45′28″ 79°45′28″ 79°45′15″ 79°45′13″ 79°46′54″ 31914 * * Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Proposed Rules * * * [FR Doc. 2014–12655 Filed 6–2–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648–BD35 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 106 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of amendment to fishery management plan; request for comments. AGENCY: The North Pacific Fishery Management Council (Council) has submitted Amendment 106 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. Amendment 106 to the FMP would allow the owner of an AFA vessel to rebuild or replace that vessel and would allow the owners of AFA catcher vessels that are inactive or obsolete to remove those vessels from the AFA fishery. This action is necessary to bring the FMP into conformity with the AFA as amended by the Coast Guard Authorization Act of 2010 (Coast Guard Act), and to improve vessel safety and operational efficiency in the AFA fleet. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the AFA, the FMP, and other applicable laws. SUMMARY: Submit comments on or before August 4, 2014. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2013–0097, by any one 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-20130097, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS DATES: VerDate Mar<15>2010 15:20 Jun 02, 2014 Jkt 232001 Ellen Sebastian. Mail comments to P. O. Box 21668, Juneau, AK 99802. 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. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All Personal Identifying Information (for example, name, address) voluntarily submitted by the commenter will be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/ A in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Copies of Amendment 106, the Regulatory Impact Review/Initial Regulatory Flexibility Analysis prepared for this action, and the Categorical Exclusion prepared for this action may be obtained from https:// www.regulations.gov or from the Alaska Region Web site at https:// www.alaskafisheries/noaa.gov. FOR FURTHER INFORMATION CONTACT: Mary Alice McKeen, 907–586–7228. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act in section 304(a) requires that each regional fishery management council submit an amendment to a fishery management plan for review and approval, disapproval, or partial approval by the Secretary. The Magnuson-Stevens Act in section 304(a) also requires that the Secretary, upon receiving an amendment to a fishery management plan, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. The Council has submitted Amendment 106 to the FMP to the Secretary for review. This notice announces that proposed Amendment 106 to the FMP is available for public review and comment. The FMP contains a number of provisions related to requirements of the AFA. Congress adopted the AFA in 1998 as part of the Omnibus Appropriations Bill FY 99 (Pub. L. 105– 277). The AFA as originally adopted allowed the owners of AFA vessels to replace AFA vessels under certain limited circumstances. The President signed the AFA into law on October 21, 1998. In 2010, Congress amended the AFA in section 602 of the Coast Guard Act to significantly expand the ability of AFA vessel owners to rebuild or replace PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 AFA vessels. The President signed the Coast Guard Act into law on October 15, 2010. The original AFA and the AFA amendments in the Coast Guard Act are available on the NMFS Alaska Region Web site at: https:// alaskafisheries.noaa.gov/ sustainablefisheries/afa/afa1998.pdf; https://alaskafisheries.noaa.gov/ sustainablefisheries/afa/afa_ amendments2010.pdf, respectively. Amendment 106 to the FMP would bring the FMP into conformity with the AFA as amended by the Coast Guard Act. Under the amended AFA and proposed Amendment 106, the owner of an AFA vessel may rebuild or replace that vessel with a vessel documented with a fishery endorsement under 46 U.S.C. 12113 in order to improve vessel safety or improve operational efficiency, including fuel efficiency, with no limitation on the length, weight, or horsepower of the AFA rebuilt or AFA replacement vessel. An AFA rebuilt or AFA replacement vessel would be eligible to operate in the fisheries in the Exclusive Economic Zone off Alaska in the same manner as the vessel before rebuilding or before replacement. For example, if an AFA vessel before rebuilding or replacement was exempt from certain harvest limitations that apply to AFA vessels, commonly referred to as sideboards, the AFA rebuilt or replacement vessel would have the same sideboard exemption or exemptions. Under current provisions of the FMP, all AFA vessels must have a License Limitation Program (LLP) groundfish license with a Bering Sea endorsement to conduct directed fishing for pollock in the Bering Sea. Amendment 106 would not change that requirement. All AFA vessels would still be required to have an LLP groundfish license with a Bering Sea endorsement to conduct directed fishing for pollock in the Bering Sea. However, Amendment 106 would change the FMP to allow an AFA rebuilt vessel and an AFA replacement vessel to exceed without limitation the maximum length overall (MLOA) specified on the vessel’s LLP groundfish license when the vessel is fishing for groundfish in the Bering Sea and Aleutian Islands management area (BSAI) pursuant to that LLP license. Amendment 106 would only amend the BSAI groundfish FMP. Amendment 106 would not change the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA). Under that fishery management plan and regulations implementing it, if the owner of an AFA vessel wishes to fish for LLP groundfish in the Gulf of Alaska, the AFA vessel must be named E:\FR\FM\03JNP1.SGM 03JNP1

Agencies

[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Proposed Rules]
[Pages 31907-31914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12655]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140214145-4145-01]
RIN 0648-BD81


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region; Amendment 8

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 8 to the 
Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom 
Habitats of the South Atlantic Region (FMP) (Amendment 8), as prepared 
by the South Atlantic Fishery Management Council (Council). If 
implemented, this rule would expand portions of the northern and 
western boundaries of the Oculina Bank habitat area of particular 
concern (HAPC) (Oculina Bank HAPC) and allow transit through the 
Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify 
vessel monitoring systems (VMS) requirements for rock shrimp fishermen 
transiting through the Oculina Bank HAPC; expand a portion of the 
western boundary of the Stetson Reefs, Savannah and East Florida 
Lithotherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson-
Miami Terrace CHAPC), including modifications to the shrimp access area 
A, which is proposed to be renamed ``shrimp access area 1''; and expand 
a portion of the northern boundary of the Cape Lookout Lophelia Banks 
Deepwater CHAPC (Cape Lookout CHAPC). In addition, this proposed rule 
makes a minor administrative change to the names of the shrimp fishery 
access areas. The purpose of this rule is to increase protections for 
deepwater coral based on new information for deepwater coral resources 
in the South Atlantic.

DATES: Written comments must be received on or before July 3, 2014.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2014-0065'', by any of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0065, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Karla Gore, 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

[[Page 31908]]

be publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 8, which include an environmental 
assessment and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this proposed 
rule may be submitted in writing to Anik Clemens, Southeast Regional 
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and OMB, 
by email at OIRA Submission@omb.eop.gov, or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, 
telephone: 727-824-5305.

SUPPLEMENTARY INFORMATION: South Atlantic coral is managed under the 
FMP. The FMP is implemented under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) by 
regulations at 50 CFR part 622.

Background

    Recent scientific exploration has identified areas of high relief 
features and hard bottom habitat outside the boundaries of the existing 
Oculina Bank HAPC, Stetson-Miami Terrace CHAPC, and the Cape Lookout 
CHAPC. During its October 2011 meeting, the Council's Coral Advisory 
Panel (AP) (Coral AP) recommended the Council revisit the boundaries of 
the Oculina Bank HAPC, Stetson-Miami Terrace CHAPC, and the Cape 
Lookout CHAPC to incorporate these areas of additional deepwater coral 
habitat that were previously uncharacterized. The Council reviewed the 
recommendations for expansion of these areas and associated VMS 
analyses of rock shrimp fishing activity, and approved the measures for 
public scoping through Comprehensive Ecosystem-Based Amendment 3. The 
Council subsequently moved these measures into Amendment 8. The 
Council's Coral, Habitat, Deepwater Shrimp, and Law Enforcement APs 
worked collectively to refine the recommendations from the public 
scoping process and provided input to the Council on expanding the HAPC 
and CHAPC boundaries, and establishing a transit provision for the 
Oculina Bank HAPC.

Management Measures Contained in This Proposed Rule

    If implemented, this proposed rule would expand the boundaries of 
the Oculina Bank HAPC and allow transit through the Oculina Bank HAPC 
by fishing vessels with rock shrimp onboard; modify the VMS 
requirements for rock shrimp fishermen transiting the Oculina Bank 
HAPC; expand the boundaries of the Stetson-Miami Terrace CHAPC and the 
Cape Lookout CHAPC; and make a minor administrative change to the names 
of the shrimp fishery access areas. The purpose of these measures is to 
provide better protection for deepwater coral ecosystems.

Expansion of Oculina Bank HAPC

    The Oculina Bank HAPC was first established in 1984, with 
implementation of the FMP (49 FR 29607, August 22, 1984). Within the 
Bank HAPC, it is unlawful to use a bottom longline, bottom trawl, 
dredge, pot or trap, and if aboard a fishing vessel it is unlawful to 
anchor, use an anchor and chain, or use a grapple and chain. 
Additionally, it is unlawful to fish for or possess rock shrimp in or 
from the Oculina Bank HAPC on board a fishing vessel. Currently, the 
Oculina Bank HAPC is a 289-square mile (749-square km) area. If 
implemented, this proposed rule would increase the size of the Oculina 
Bank HAPC by 405.42 square miles (1,050 square km), for a total area of 
694.42 square miles (1,798.5 square km) and, except for a limited 
transit provision described below, would extend these prohibitions to 
the larger area, and increase protection of coral.

Transit Provision Through Oculina Bank HAPC

    If implemented, this proposed rule would establish a transit 
provision to allow fishing vessels with rock shrimp onboard to transit 
the Oculina Bank HAPC under limited circumstances. To be considered to 
be in transit and thus excepted from the prohibition on possessing rock 
shrimp in the Oculina Bank HAPC, a vessel must have a valid commercial 
permit for rock shrimp, the vessel's gear would be required to be 
appropriately stowed (i.e., doors and nets would be required to be out 
of water and onboard the deck or below the deck of the vessel), and the 
vessel would be required to maintain a direct and non-stop continuous 
course through the HAPC at a minimum speed of 5 knots, as determined by 
an operating VMS approved for the South Atlantic rock shrimp fishery 
onboard the vessel. In addition, this rule proposes to modify the VMS 
requirements to require all vessels with rock shrimp onboard that 
choose to transit the Oculina Bank HAPC to have a VMS unit that 
registers a VMS ping (signal) rate of 1 ping per 5 minutes. Vessels 
with newer VMS units would not be required to purchase VMS units 
because those units are capable of registering a VMS ping (signal) rate 
of 1 ping per 5 minutes, however, they would be required to reconfigure 
or upgrade their VMS hardware/software to generate the higher ping 
rate. Vessels with older VMS units are not capable of producing the 
required ping rate and these vessels would be required to purchase a 
newer unit in order to be able to transit through the Oculina Bank HAPC 
with rock shrimp on board. Please note that any newly installed VMS 
unit must comply with the regulations at 50 CFR 622.205(b) regarding 
installation by a qualified marine electrician, and the vessel owner or 
operator must comply with current reporting regulations. This transit 
provision would allow rock shrimp fishermen to access additional rock 
shrimp fishing grounds in less time using less fuel than if the 
fishermen were required to travel around the Oculina Bank HAPC.

Expansion of the Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC

    The Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC were 
established in 2010 through the Comprehensive Ecosystem-Based Amendment 
1 to protect deepwater coral ecosystems (75 FR 35330, June 22, 2010). 
Within the CHAPCs, including the Stetson-Miami Terrace and Cape Lookout 
CHAPCs, it is currently unlawful to use a bottom longline, trawl (mid-
water or bottom), dredge, pot or trap, and if aboard a fishing vessel, 
it is unlawful to anchor, use an anchor and chain, or use a grapple and 
chain. Additionally, it is currently unlawful to fish for or possess 
coral in or from the CHAPCs on board a fishing vessel.
    If implemented, this proposed rule would increase the size of the 
Stetson-Miami Terrace CHAPC by 490 square miles (1,269 square km), for 
a total area of 24,018 square miles (62,206 square km), and increase 
the size of the Cape Lookout CHAPC by 10 square miles (26 square km), 
for a total area of 326 square miles (844 square km), and would extend 
the gear prohibitions to the larger area to increase protection of 
deepwater coral ecosystems. The expansion of the Stetson-Miami Terrace 
CHAPC would also provide royal red shrimp fishermen a new zone adjacent 
to the existing shrimp access area A

[[Page 31909]]

(proposed to be renamed ``shrimp access area 1'', as discussed in the 
next section of this preamble) within which they can haul back fishing 
gear without drifting into an area where their gear is prohibited. 
Thus, this shrimp fishery access area would be expanded to include the 
new haul-back zone if this rule is implemented.

Other Changes Contained in This Proposed Rule Not Contained in 
Amendment 8

    This rule also proposes to revise the names of the shrimp fishery 
access areas in the regulations implemented through the Comprehensive 
Ecosystem-Based Amendment 1 (75 FR 35330, June 22, 2010) to match the 
names in the FMP. Currently, in 50 CFR 622.224(c)(3), the four shrimp 
fishery access areas are titled ``shrimp access area A-D''. If 
implemented, this proposed rule would revise 50 CFR 622.224(c)(3), to 
change the four shrimp fishery access areas titles to ``shrimp access 
area 1-4''.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NOAA Assistant Administrator for Fisheries (AA) has determined that 
this proposed rule is consistent with Amendment 8, the FMP, 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 that this proposed rule, if implemented, would not have 
a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows:
    The purpose of this proposed rule is to address recent discoveries 
of deepwater coral resources and protect deepwater coral ecosystems in 
the Council's jurisdiction from activities that could compromise their 
condition. The Magnuson-Stevens Act provides the statutory basis for 
this proposed rule.
    This proposed rule, if implemented, is expected to directly affect 
up to 700 vessels that commercially harvest snapper-grouper species and 
up to 104 vessels that commercially harvest rock shrimp in the affected 
areas of the exclusive economic zone (EEZ) in the South Atlantic. Among 
the vessels that harvest rock shrimp, an estimated 9 vessels also 
harvest royal red shrimp. The average vessel involved in commercial 
snapper-grouper harvest is estimated to earn approximately $28,700 
(2012 dollars) in annual gross revenue, and the average vessel involved 
in rock shrimp harvest is estimated to earn approximately $20,500 (2012 
dollars) in annual gross revenue. The average annual gross revenue for 
vessels that harvest both rock shrimp and royal red shrimp is estimated 
to be approximately $113,000 (2012 dollars). NMFS has not identified 
any other small entities that would be expected to be directly affected 
by this proposed rule.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the United States including 
seafood dealers and harvesters. A business involved in commercial 
finfish fishing 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 $19.0 million (NAICS code 114111, Finfish Fishing). 
The receipts threshold for a business involved in shrimp fishing is 
$5.0 million (NAICS code 114112, Shellfish Fishing). These receipts 
thresholds are the result of a final rule issued by the SBA on June 20, 
2013 (78 FR 37398), that went into effect on July 22, 2013, and 
increased the size standard for Finfish Fishing from $4.0 million to 
$19.0 million and the size standard for Shellfish Fishing from $4.0 
million to $5.0 million. Because the average annual gross revenues for 
the commercial fishing operations expected to be directly affected by 
this proposed rule are significantly less than the SBA revenue 
threshold, all these businesses are determined, for the purpose of this 
analysis, to be small business entities.
    This proposed rule contains four separate actions. The first action 
would expand the boundaries of the Oculina Bank HAPC. Expansion of the 
Oculina Bank HAPC would be expected to affect vessels that harvest 
snapper-grouper, rock shrimp, and royal red shrimp because some 
fishermen have historically harvested these species in this area and 
would be prevented by the expansion from continuing to fish here. The 
expected maximum potential reduction in total gross revenue from 
snapper-grouper species as a result of the proposed expansion of the 
Oculina Bank HAPC would be approximately $56,000 (2012 dollars), or 
less than 0.3 percent of the total average annual revenue from snapper-
grouper species. The expected maximum potential reduction in revenue 
from snapper-grouper species is minimal, and fishermen may be able to 
absorb the reduction or adapt their fishing practices to the expansion 
of the Oculina Bank HAPC and increase their fishing effort, and 
harvest, in other locations to mitigate the impact of the reduction. 
Additionally, fishermen may benefit from spill-over effects (increased 
total harvest or more cost efficient harvest) of the enhanced 
productivity of the protected Oculina Bank HAPC.
    All vessels that harvest royal red shrimp are expected to also 
harvest rock shrimp. Royal red shrimp are not managed in a fishery 
management plan by the Council. Because royal red shrimp are not 
managed in a fishery management plan by the Council, neither logbooks 
nor VMS units are required to harvest royal red shrimp. As a result, 
NMFS cannot determine with available data what portion of the average 
annual royal red harvest may be affected by the proposed expansion of 
the Oculina Bank HAPC. However, the primary effect of the proposed 
expansion of the Oculina Bank HAPC, i.e., the exclusion of traditional 
fishing activities from this area and the reduction of associated 
revenues, as identified through public comment during the development 
of this proposed action and the use of VMS data, would be expected to 
be on the harvest of rock shrimp and not the harvest of royal red 
shrimp. This proposed rule is expected to reduce the total revenue from 
rock shrimp for all potentially affected rock shrimp fishermen (104 
vessels) by a maximum of approximately $189,500 (2012 dollars), or 
approximately 8.5 percent of the total average annual gross revenue 
from rock shrimp ($20,500; 2012 dollars). Although the revenue from 
royal red shrimp also may be affected, as discussed above, the average 
annual gross revenue for vessels harvesting both rock shrimp and royal 
red shrimp ($113,000; 2012 dollars) is substantially higher than the 
average annual gross revenue for vessels that do not harvest royal red 
shrimp. As a result, the economic effects of the proposed expansion of 
the Oculina Bank HAPC on vessels that harvest royal red shrimp are 
expected to be minor.
    The second action would establish transit provisions through the 
Oculina Bank HAPC for a vessel with rock shrimp on board. This proposed 
rule would allow vessel transit through the Oculina Bank HAPC by a 
vessel with rock shrimp on board if the vessel maintains a direct and 
non-stop continuous course at a minimum speed of 5 knots as determined 
by an operating VMS approved for the South Atlantic rock shrimp fishery 
onboard the vessel that registers a VMS ping (signal) rate of 1 ping 
per 5 minutes, and if that vessel's

[[Page 31910]]

gear is appropriately stowed (i.e., doors and nets would be required to 
be out of water and onboard the deck or below the deck of the vessel). 
NMFS estimates this VMS ping rate, which is more frequent than that 
currently required, will result in increased costs for vessels choosing 
to transit if the vessel's current VMS unit cannot ping at the 
acceptable rate (i.e., 5 minutes). Therefore, vessels will need to 
update their VMS unit or purchase a new VMS unit to meet the VMS unit 
ping rate requirement if they choose to transit the Oculina Bank HAPC 
with rock shrimp on board. For all vessels, the communication cost also 
would increase by an unknown amount depending on the frequency of 
transit. The purchase and installation of these new units and upgrades, 
and the decision to transit and incur increased communication costs 
would be voluntary. The use of VMS units on rock shrimp vessels has 
been required since 2003. As a result, all affected vessels are 
expected to have extensive experience using VMS units and are expected 
to already have captains or crew with the appropriate skills and 
training to use VMS equipment.
    At the time when this rule was drafted, there were 104 permits 
issued in the rock shrimp fishery; however, only 79 are currently 
active in the fishery. Of the 79 active vessels, 57 vessels currently 
use a VMS unit capable of producing this ping rate. If these vessels 
choose to transit through the Oculina Bank HAPC with rock shrimp 
onboard, they would be required to spend approximately $200 for 
hardware or software upgrades to increase the ping rate, and 
approximately $100 for postage for delivery of the VMS unit to and from 
the vendor. Because the decision to transit would be voluntary, a 
vessel owner would be expected to schedule the upgrade during a period 
when fishing does not normally occur. As a result, the upgrade would 
not be expected to adversely affect fishing time or revenue. The 
remaining 22 vessels do not currently use a VMS unit capable of 
producing this ping rate. If these vessels choose to transit through 
the Oculina Bank HAPC with rock shrimp onboard these vessels would be 
expected to have to incur new expenses of approximately $2,795 to 
$3,595 for purchase and installation of a new VMS unit and appropriate 
software. Any vessel transiting the Oculina Bank HAPC with rock shrimp 
onboard also would be expected to incur increased communication costs 
because of the increased communication (ping) rate of their VMS unit. 
The total amount of the increased communication cost would depend on 
how frequently a vessel transits the area. Although these expenses 
would be required to allow transit through the Oculina Bank HAPC with 
rock shrimp onboard, all of these expenses would be voluntarily 
incurred because the proposed rule would not require that vessels 
transit the area. Further, the net economic effect per entity of 
transiting would be expected to be positive. Transit through the 
Oculina Bank HAPC would be expected to reduce operating expenses by 
allowing a vessel to avoid time-consuming and costly travel around the 
area. Also, revenue may be increased if a reduction in travel time 
allows longer fishing. Overall, a fisherman would only choose to incur 
the increased VMS costs associated with transit if they concluded they 
would receive a net increase in economic benefits, regardless of the 
source of these benefits. As a result, this component of the proposed 
rule would be expected to have a direct positive economic effect on all 
affected small entities.
    Combined, the expected effects of the proposed expansion of the 
Oculina Bank HAPC and proposed transit provisions for vessels with rock 
shrimp on board would be expected to range from a minor short term 
reduction in the average annual gross revenue from rock shrimp to a net 
positive economic effect on the average rock shrimp vessel. Although 
the proposed expansion of the Oculina Bank HAPC would be expected to 
reduce rock shrimp revenue from this area, the proposed transit 
provisions would be expected to reduce operating costs and potentially 
increase rock shrimp revenue by allowing more time to harvest rock 
shrimp from other areas where permitted. As a result, these two 
components of this proposed rule collectively would not be expected to 
have a significant adverse economic effect on a substantial number of 
small entities.
    The third action in this proposed rule would expand the boundaries 
of the Stetson-Miami Terrace CHAPC by 490 square miles (1,269 square 
km), for a total area of 24,018 square miles (62,206 square km). 
Fishing for snapper-grouper species does not occur normally in this 
area and fishing for other finfish or golden crab would not be expected 
to be affected by the proposed expansion of the Stetson-Miami Terrace 
CHAPC. This action would also allow a gear haul back/drift zone to 
accommodate the royal red shrimp fishery that occurs in this area. As a 
result, this component of the proposed rule would not be expected to 
reduce the revenue of any small entities.
    The fourth action would expand the boundaries of the Cape Lookout 
CHAPC by 10 square miles (26 square km), for a total area of 326 square 
miles (844 square km). Similar to the proposed expansion of the 
Stetson-Miami Terrace CHAPC, fishing for snapper-grouper species does 
not occur normally in this area and fishing for other finfish or golden 
crab would not be expected to be affected because of the small size of 
the expansion and availability of nearby areas with similar fishable 
habitat for these species. As a result, this component of the proposed 
rule would not be expected to reduce the revenue of any small entities.
    Based on the discussion above, NMFS determines that this proposed 
rule, if implemented, would not have a significant economic effect on a 
substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the Paperwork Reduction Act (PRA), unless that collection-of-
information displays a currently valid Office of Management and Budget 
(OMB) control number.
    This proposed rule contains collection-of-information requirements 
subject to the PRA. NMFS is revising the collection-of-information 
requirements under OMB control number 0648-0205. Since 2003, NMFS has 
required VMS be installed and maintained on commercially permitted 
South Atlantic rock shrimp vessels. NMFS estimates the increased VMS 
ping (signal) rate that would be required by this proposed rule would 
result in increased costs for vessels that choose to transit through 
the Oculina Bank HAPC and whose current VMS unit does not have the 
capability to ping at the higher rate (5 minutes) because those vessels 
would need to update their current VMS unit or purchase a new VMS unit. 
Currently, all 79 vessels actively participating in the rock shrimp 
fishery have a VMS unit. Of those vessels, 22 have older VMS units 
purchased in 2003, which would need to be upgraded to transit through 
the Oculina Bank HAPC with rock shrimp onboard. Replacement VMS units 
would not be eligible for reimbursement by the NMFS Office of Law 
Enforcement VMS fund. The 22 vessels needing to upgrade their VMS units 
would have to pay for the installation, maintenance, and increased 
communications charges associated with having an upgraded VMS.

[[Page 31911]]

Assuming all 22 vessels needing to upgrade their VMS units choose the 
lowest priced VMS unit available at $2,495 each, the total cost of 22 
units is expected to be $54,890. The additional cost of installation 
would be approximately $300 for each of the 22 vessels ($6,600 total 
for all 22 units) for a total minimum cost (VMS unit and installation) 
of $2,795 for each of the 22 vessels and $61,490 for the fishery to 
upgrade to the least expensive necessary current hardware and software. 
Currently, all rock shrimp vessels, regardless of whether they must 
replace their VMS units, would be expected to experience an increase in 
costs if Amendment 8 and this proposed rule are implemented. Even the 
57 vessels with the VMS units that do not need to be replaced would 
incur charges of approximately $150 to $250 per VMS unit to reconfigure 
or upgrade hardware/software to implement the more frequent ping rate 
if they choose to transit through the Oculina Bank HAPC with rock 
shrimp onboard. Reconfiguration or upgrading could include postage 
costs or delays if the VMS unit must be transported to the vendor to 
perform upgrades. Approximating the cost of each upgrade by using the 
medium upgrade cost of $200 per vessel for 57 VMS units, and the mail 
cost of $100 per vessel for the 57 vessels for postage to mail to the 
vendor and mail back from the vendor the VMS unit being sent for 
reconfiguring or upgrading ($50 for postage to mail to and $50 to mail 
back from the vendor for each of the 57 vessels) would be a one-time 
total cost of $17,100. If this proposed rule is implemented, the total 
cost of hardware and software upgrades required to allow transit for 
all vessels in the fleet is estimated to be $78,590. Some, if not all, 
of the increased costs of upgrading hardware and software, plus 
increased communications charges to transit through the Oculina Bank 
HAPC would be offset by not needing to transit around the Oculina Bank 
HAPC to reach additional rock shrimp fishing grounds. Allowing transit 
should increase the amount of time on a trip spent fishing, as well as 
provide savings on fuel and other vessel maintenance costs.
    Only a VMS that has been approved by NMFS for use in the South 
Atlantic rock shrimp fishery may be used, and it must be properly 
registered and activated with an approved communications provider for 
the new vessel. Additionally, it must be installed by a qualified 
marine electrician. When reinstalling and reactivating the NMFS-
approved VMS, the vessel owner or operator must: (1) Follow procedures 
indicated on an installation and activation checklist, available from 
NMFS, Office for Law Enforcement, Southeast Region, St Petersburg, FL 
33701; phone: (727) 824-5347; (2) submit to NMFS, Office for Law 
Enforcement, Southeast Region, St Petersburg, FL, a statement 
certifying compliance with the checklist, as prescribed on the 
checklist; and (3) submit to NMFS, Office for Law Enforcement, 
Southeast Region, St Petersburg, FL 33701, a vendor-completed 
installation certification checklist, available from NMFS, Office for 
Law Enforcement, Southeast Region, St Petersburg, FL 33701; phone: 
(727) 824-5347. On a one-time basis, the burden on each vessel owner or 
operator would be 15 minutes to complete a compliance checklist and 
certification plus 4 hours for initial installation (4.25 hours per 22 
vessels in the rock shrimp fishery that would need to upgrade their VMS 
units for a total of 93.5 hours). In addition, each of the 79 vessels 
will incur 2 hours per year for VMS maintenance for a total of 158 
hours. If this proposed rule is implemented, the total time-burden of 
hardware and software upgrades required to allow transit for all 
vessels in the fleet is estimated to be 251.5 hours (93.5 hours plus 
158 hours).
    These requirements have been submitted to OMB for approval. NMFS 
seeks public comment regarding: Whether this proposed collection-of-
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection-of-information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments regarding the burden estimate or 
any other aspect of the collection-of-information requirement, 
including suggestions for reducing the burden, to NMFS and to OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Part 622

    Coral, CHAPC, Coral Reefs, Fisheries, Fishing, Reporting and 
recordkeeping requirements, HAPC, Shrimp, South Atlantic.

    Dated: May 27, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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.  622.224, paragraphs (b)(1), (c)(1)(i), (c)(1)(iii), 
(c)(3)(i), (c)(3)(ii), (c)(3)(iii), and (c)(3)(iv) are revised to read 
as follows:


Sec.  622.224  Area closures to protect South Atlantic corals.

* * * * *
    (b) Oculina Bank HAPC--(1) HAPC is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  29[deg]43'29.82''     80[deg]14'55.27''
1...........................  29[deg]43'30''        80[deg]15'48.24''
2...........................  29[deg]34'51''        80[deg]15'00.78''
3...........................  29[deg]34'07.38''     80[deg]15'51.66''
4...........................  29[deg]29'24.9''      80[deg]15'15.78''
5...........................  29[deg]09'32.52''     80[deg]12'17.22''
6...........................  29[deg]04'45.18''     80[deg]10'12''
7...........................  28[deg]56'01.86''     80[deg]07'53.64''
8...........................  28[deg]52'44.4''      80[deg]07'53.04''
9...........................  28[deg]47'28.56''     80[deg]07'07.44''
10..........................  28[deg]46'13.68''     80[deg]07'15.9''
11..........................  28[deg]41'16.32''     80[deg]05'58.74''
12..........................  28[deg]35'05.76''     80[deg]05'14.28''
13..........................  28[deg]33'50.94''     80[deg]05'24.6''
14..........................  28[deg]30'51.36''     80[deg]04'23.94''
15..........................  28[deg]30'00''        80[deg]03'57.3''
16..........................  28[deg]30'            80[deg]03'
17..........................  28[deg]16'            80[deg]03'
18..........................  28[deg]04'30''        80[deg]01'10.08''
19..........................  28[deg]04'30''        80[deg]00'
20..........................  27[deg]30'            80[deg]00'
21..........................  27[deg]30'            79[deg]54'0''--Point
                                                     corresponding with
                                                     intersection with
                                                     the 100-fathom (183-
                                                     m) contour, as
                                                     shown on the latest
                                                     edition of NOAA
                                                     chart 11460.
------------------------------------------------------------------------

[[Page 31912]]

 
 Note: Line between point 21 and point 22 follows the 100-fathom (183-m)
      contour, as shown on the latest edition of NOAA chart 11460.
------------------------------------------------------------------------
22..........................  28[deg]30'00''        79[deg]56'56''--Poin
                                                     t corresponding
                                                     with intersection
                                                     with the 100-fathom
                                                     (183-m) contour, as
                                                     shown on the latest
                                                     edition of NOAA
                                                     chart 11460.
23..........................  28[deg]30'00''        80[deg]00'46.02''
24..........................  28[deg]46'00.84''     80[deg]03'28.5''
25..........................  28[deg]48'37.14''     80[deg]03'56.76''
26..........................  28[deg]53'18.36''     80[deg]04'48.84''
27..........................  29[deg]11'19.62''     80[deg]08'36.9''
28..........................  29[deg]17'33.96''     80[deg]10'06.9''
29..........................  29[deg]23'35.34''     80[deg]11'30.06''
30..........................  29[deg]30'15.72''     80[deg]12'38.88''
31..........................  29[deg]35'55.86''     80[deg]13'41.04''
Origin......................  29[deg]43'29''        80[deg]14'55.27''
------------------------------------------------------------------------

    (i) In the Oculina Bank HAPC, no person may:
    (A) Use a bottom longline, bottom trawl, dredge, pot, or trap.
    (B) If aboard a fishing vessel, anchor, use an anchor and chain, or 
use a grapple and chain.
    (C) Fish for or possess rock shrimp in or from the Oculina Bank 
HAPC, except a shrimp vessel with a valid commercial vessel permit for 
rock shrimp that possesses rock shrimp may transit through the Oculina 
Bank HAPC if fishing gear is appropriately stowed. For the purpose of 
this paragraph, transit means a direct and non-stop continuous course 
through the area, maintaining a minimum speed of five knots as 
determined by an operating VMS and a VMS minimum ping rate of 1 ping 
per 5 minutes; fishing gear appropriately stowed means that doors and 
nets are out of the water and onboard the deck or below the deck of the 
vessel.
    (ii) [Reserved]
* * * * *
    (c) * * *
    (1) * * *
    (i) Cape Lookout Lophelia Banks CHAPC is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  34[deg]24'36.996''    75[deg]45'10.998''
1...........................  34[deg]23'28.998''    75[deg]43'58.002''
2...........................  34[deg]27'00''        75[deg]41'45''
3...........................  34[deg]27'54''        75[deg]42'45''
Origin......................  34[deg]24'36.996''    75[deg]45'10.998''
------------------------------------------------------------------------

* * * * *
    (iii) Stetson Reefs, Savannah and East Florida Lithotherms, and 
Miami Terrace (Stetson-Miami Terrace) CHAPC is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  at outer boundary of  79[deg]00'00''
                               EEZ
1...........................  31[deg]23'37''        79[deg]00'00''
2...........................  31[deg]23'37''        77[deg]16'21''
3...........................  32[deg]38'37''        77[deg]16'21''
4...........................  32[deg]38'21''        77[deg]34'06''
5...........................  32[deg]35'24''        77[deg]37'54''
6...........................  32[deg]32'18''        77[deg]40'26''
7...........................  32[deg]28'42''        77[deg]44'10''
8...........................  32[deg]25'51''        77[deg]47'43''
9...........................  32[deg]22'40''        77[deg]52'05''
10..........................  32[deg]20'58''        77[deg]56'29''
11..........................  32[deg]20'30''        77[deg]57'50''
12..........................  32[deg]19'53''        78[deg]00'49''
13..........................  32[deg]18'44''        78[deg]04'35''
14..........................  32[deg]17'35''        78[deg]07'48''
15..........................  32[deg]17'15''        78[deg]10'41''
16..........................  32[deg]15'50''        78[deg]14'09''
17..........................  32[deg]15'20''        78[deg]15'25''
18..........................  32[deg]12'15''        78[deg]16'37''
19..........................  32[deg]10'26''        78[deg]18'09''
20..........................  32[deg]04'42''        78[deg]21'27''
21..........................  32[deg]03'41''        78[deg]24'07''
22..........................  32[deg]04'58''        78[deg]29'19''
23..........................  32[deg]06'59''        78[deg]30'48''
24..........................  32[deg]09'27''        78[deg]31'31''
25..........................  32[deg]11'23''        78[deg]32'47''
26..........................  32[deg]13'09''        78[deg]34'04''
27..........................  32[deg]14'08''        78[deg]34'36''
28..........................  32[deg]12'48''        78[deg]36'34''
29..........................  32[deg]13'07''        78[deg]39'07''
30..........................  32[deg]14'17''        78[deg]40'01''
31..........................  32[deg]16'20''        78[deg]40'18''
32..........................  32[deg]16'33''        78[deg]42'32''
33..........................  32[deg]14'26''        78[deg]43'23''
34..........................  32[deg]11'14''        78[deg]45'42''
35..........................  32[deg]10'19''        78[deg]49'08''
36..........................  32[deg]09'42''        78[deg]52'54''
37..........................  32[deg]08'15''        78[deg]56'11''
38..........................  32[deg]05'00''        79[deg]00'30''
39..........................  32[deg]01'54''        79[deg]02'49''
40..........................  31[deg]58'40''        79[deg]04'51''
41..........................  31[deg]56'32''        79[deg]06'48''
42..........................  31[deg]53'27''        79[deg]09'18''
43..........................  31[deg]50'56''        79[deg]11'29''
44..........................  31[deg]49'07''        79[deg]13'35''
45..........................  31[deg]47'56''        79[deg]16'08''
46..........................  31[deg]47'11''        79[deg]16'30''
47..........................  31[deg]46'29''        79[deg]16'25''
48..........................  31[deg]44'31''        79[deg]17'24''
49..........................  31[deg]43'20''        79[deg]18'27''
50..........................  31[deg]42'26''        79[deg]20'41''
51..........................  31[deg]41'09''        79[deg]22'26''
52..........................  31[deg]39'36''        79[deg]23'59''
53..........................  31[deg]37'54''        79[deg]25'29''
54..........................  31[deg]35'57''        79[deg]27'14''
55..........................  31[deg]34'14''        79[deg]28'24''
56..........................  31[deg]31'08''        79[deg]29'59''
57..........................  31[deg]30'26''        79[deg]29'52''
58..........................  31[deg]29'11''        79[deg]30'11''
59..........................  31[deg]27'58''        79[deg]31'41''
60..........................  31[deg]27'06''        79[deg]32'08''
61..........................  31[deg]26'22''        79[deg]32'48''
62..........................  31[deg]24'21''        79[deg]33'51''
63..........................  31[deg]22'53''        79[deg]34'41''
64..........................  31[deg]21'03''        79[deg]36'01''
65..........................  31[deg]20'00''        79[deg]37'12''
66..........................  31[deg]18'34''        79[deg]38'15''
67..........................  31[deg]16'49''        79[deg]38'36''
68..........................  31[deg]13'06''        79[deg]38'19''
70..........................  31[deg]11'04''        79[deg]38'39''
70..........................  31[deg]09'28''        79[deg]39'09''
71..........................  31[deg]07'44''        79[deg]40'21''
72..........................  31[deg]05'53''        79[deg]41'27''
73..........................  31[deg]04'40''        79[deg]42'09''
74..........................  31[deg]02'58''        79[deg]42'28''
75..........................  31[deg]01'03''        79[deg]42'40''
76..........................  30[deg]59'50''        79[deg]42'43''
77..........................  30[deg]58'27''        79[deg]42'43''
78..........................  30[deg]57'15''        79[deg]42'50''
79..........................  30[deg]56'09''        79[deg]43'28''
80..........................  30[deg]54'49''        79[deg]44'53''
81..........................  30[deg]53'44''        79[deg]46'24''
82..........................  30[deg]52'47''        79[deg]47'40''
83..........................  30[deg]51'45''        79[deg]48'16''
84..........................  30[deg]48'36''        79[deg]49'02''
85..........................  30[deg]45'24''        79[deg]49'55''
86..........................  30[deg]41'36''        79[deg]51'31''
87..........................  30[deg]38'38''        79[deg]52'23''
88..........................  30[deg]37'00''        79[deg]52'37.2''
89..........................  30[deg]37'00''        80[deg]05'00''
90..........................  30[deg]34'6.42''      80[deg]05'54.96''
91..........................  30[deg]26'59.94''     80[deg]07'41.22''
92..........................  30[deg]23'53.28''     80[deg]08'8.58''
93..........................  30[deg]19'22.86''     80[deg]09'22.56''
94..........................  30[deg]13'17.58''     80[deg]11'15.24''
95..........................  30[deg]07'55.68''     80[deg]12'19.62''
96..........................  30[deg]00'00''        80[deg]13'00''
97..........................  30[deg]00'9''         80[deg]09'30''
98..........................  30[deg]03'00''        80[deg]09'30''
99..........................  30[deg]03'00''        80[deg]06'00''
100.........................  30[deg]04'00''        80[deg]02'45.6''
101.........................  29[deg]59'16''        80[deg]04'11''
102.........................  29[deg]49'12''        80[deg]05'44''
103.........................  29[deg]43'59''        80[deg]06'24''
104.........................  29[deg]38'37''        80[deg]06'53''
105.........................  29[deg]36'54''        80[deg]07'18''
106.........................  29[deg]31'59''        80[deg]07'32''
107.........................  29[deg]29'14''        80[deg]07'18''
108.........................  29[deg]21'48''        80[deg]05'01''
109.........................  29[deg]20'25''        80[deg]04'29''
110.........................  29[deg]08'00''        79[deg]59'43''
111.........................  29[deg]06'56''        79[deg]59'07''
112.........................  29[deg]05'59''        79[deg]58'44''
113.........................  29[deg]03'34''        79[deg]57'37''
114.........................  29[deg]02'11''        79[deg]56'59''
115.........................  29[deg]00'00''        79[deg]55'32''
116.........................  28[deg]56'55''        79[deg]54'22''
117.........................  28[deg]55'00''        79[deg]53'31''
118.........................  28[deg]53'35''        79[deg]52'51''
119.........................  28[deg]51'47''        79[deg]52'07''
120.........................  28[deg]50'25''        79[deg]51'27''
121.........................  28[deg]49'53''        79[deg]51'20''
122.........................  28[deg]49'01''        79[deg]51'20''
123.........................  28[deg]48'19''        79[deg]51'10''
124.........................  28[deg]47'13''        79[deg]50'59''
125.........................  28[deg]43'30''        79[deg]50'36''
126.........................  28[deg]41'05''        79[deg]50'04''
127.........................  28[deg]40'27''        79[deg]50'07''
128.........................  28[deg]39'50''        79[deg]49'56''
129.........................  28[deg]39'04''        79[deg]49'58''
130.........................  28[deg]36'43''        79[deg]49'35''
131.........................  28[deg]35'01''        79[deg]49'24''
132.........................  28[deg]30'37''        79[deg]48'35''
133.........................  28[deg]14'00''        79[deg]46'20''
134.........................  28[deg]11'41''        79[deg]46'12''
135.........................  28[deg]08'02''        79[deg]45'45''
136.........................  28[deg]01'20''        79[deg]45'20''
137.........................  27[deg]58'13''        79[deg]44'51''
138.........................  27[deg]56'23''        79[deg]44'53''
139.........................  27[deg]49'40''        79[deg]44'25''

[[Page 31913]]

 
140.........................  27[deg]46'27''        79[deg]44'22''
141.........................  27[deg]42'00''        79[deg]44'33''
142.........................  27[deg]36'08''        79[deg]44'58''
143.........................  27[deg]30'00''        79[deg]45'29''
144.........................  27[deg]29'04''        79[deg]45'47''
145.........................  27[deg]27'05''        79[deg]45'54''
146.........................  27[deg]25'47''        79[deg]45'57''
147.........................  27[deg]19'46''        79[deg]45'14''
148.........................  27[deg]17'54''        79[deg]45'12''
149.........................  27[deg]12'28''        79[deg]45'00''
150.........................  27[deg]07'45''        79[deg]46'07''
151.........................  27[deg]04'47''        79[deg]46'29''
152.........................  27[deg]00'43''        79[deg]46'39''
153.........................  26[deg]58'43''        79[deg]46'28''
154.........................  26[deg]57'06''        79[deg]46'32''
155.........................  26[deg]49'58''        79[deg]46'54''
156.........................  26[deg]48'58''        79[deg]46'56''
157.........................  26[deg]47'01''        79[deg]47'09''
158.........................  26[deg]46'04''        79[deg]47'09''
159.........................  26[deg]35'09''        79[deg]48'01''
160.........................  26[deg]33'37''        79[deg]48'21''
161.........................  26[deg]27'56''        79[deg]49'09''
162.........................  26[deg]25'55''        79[deg]49'30''
163.........................  26[deg]21'05''        79[deg]50'03''
164.........................  26[deg]20'30''        79[deg]50'20''
165.........................  26[deg]18'56''        79[deg]50'17''
166.........................  26[deg]16'19''        79[deg]54'06''
167.........................  26[deg]13'48''        79[deg]54'48''
168.........................  26[deg]12'19''        79[deg]55'37''
169.........................  26[deg]10'57''        79[deg]57'05''
170.........................  26[deg]09'17''        79[deg]58'45''
171.........................  26[deg]07'11''        80[deg]00'22''
172.........................  26[deg]06'12''        80[deg]00'33''
173.........................  26[deg]03'26''        80[deg]01'02''
174.........................  26[deg]00'35''        80[deg]01'13''
175.........................  25[deg]49'10''        80[deg]00'38''
176.........................  25[deg]48'30''        80[deg]00'23''
177.........................  25[deg]46'42''        79[deg]59'14''
178.........................  25[deg]27'28''        80[deg]02'26''
179.........................  25[deg]24'06''        80[deg]01'44''
180.........................  25[deg]21'04''        80[deg]01'27''
181.........................  25[deg]21'04''        at outer boundary of
                                                     EEZ
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 181 to the Origin.
* * * * *
    (3) * * *
    (i) Shrimp access area 1 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
1...........................  30[deg]06'30''        80[deg]02'2.4''
2...........................  30[deg]06'30''        80[deg]05'39.6''
3...........................  30[deg]03'00''        80[deg]09'30''
4...........................  30[deg]03'00''        80[deg]06'00''
5...........................  30[deg]04'00''        80[deg]02'45.6''
6...........................  29[deg]59'16''        80[deg]04'11''
7...........................  29[deg]49'12''        80[deg]05'44''
8...........................  29[deg]43'59''        80[deg]06'24''
9...........................  29[deg]38'37''        80[deg]06'53''
10..........................  29[deg]36'54''        80[deg]07'18''
11..........................  29[deg]31'59''        80[deg]07'32''
12..........................  29[deg]29'14''        80[deg]07'18''
13..........................  29[deg]21'48''        80[deg]05'01''
14..........................  29[deg]20'25''        80[deg]04'29''
15..........................  29[deg]20'25''        80[deg]03'11''
16..........................  29[deg]21'48''        80[deg]03'52''
17..........................  29[deg]29'14''        80[deg]06'08''
18..........................  29[deg]31'59''        80[deg]06'23''
19..........................  29[deg]36'54''        80[deg]06'00''
20..........................  29[deg]38'37''        80[deg]05'43''
21..........................  29[deg]43'59''        80[deg]05'14''
22..........................  29[deg]49'12''        80[deg]04'35''
23..........................  29[deg]59'16''        80[deg]03'01''
24..........................  30[deg]06'30''        80[deg]00'53''
------------------------------------------------------------------------

    (ii) Shrimp access area 2 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  29[deg]08'00''        79[deg]59'43''
1...........................  29[deg]06'56''        79[deg]59'07''
2...........................  29[deg]05'59''        79[deg]58'44''
3...........................  29[deg]03'34''        79[deg]57'37''
4...........................  29[deg]02'11''        79[deg]56'59''
5...........................  29[deg]00'00''        79[deg]55'32''
6...........................  28[deg]56'55''        79[deg]54'22''
7...........................  28[deg]55'00''        79[deg]53'31''
8...........................  28[deg]53'35''        79[deg]52'51''
9...........................  28[deg]51'47''        79[deg]52'07''
10..........................  28[deg]50'25''        79[deg]51'27''
11..........................  28[deg]49'53''        79[deg]51'20''
12..........................  28[deg]49'01''        79[deg]51'20''
13..........................  28[deg]48'19''        79[deg]51'10''
14..........................  28[deg]47'13''        79[deg]50'59''
15..........................  28[deg]43'30''        79[deg]50'36''
16..........................  28[deg]41'05''        79[deg]50'04''
17..........................  28[deg]40'27''        79[deg]50'07''
18..........................  28[deg]39'50''        79[deg]49'56''
19..........................  28[deg]39'04''        79[deg]49'58''
20..........................  28[deg]36'43''        79[deg]49'35''
21..........................  28[deg]35'01''        79[deg]49'24''
22..........................  28[deg]30'37''        79[deg]48'35''
23..........................  28[deg]30'37''        79[deg]47'27''
24..........................  28[deg]35'01''        79[deg]48'16''
25..........................  28[deg]36'43''        79[deg]48'27''
26..........................  28[deg]39'04''        79[deg]48'50''
27..........................  28[deg]39'50''        79[deg]48'48''
28..........................  28[deg]40'27''        79[deg]48'58''
29..........................  28[deg]41'05''        79[deg]48'56''
30..........................  28[deg]43'30''        79[deg]49'28''
31..........................  28[deg]47'13''        79[deg]49'51''
32..........................  28[deg]48'19''        79[deg]50'01''
33..........................  28[deg]49'01''        79[deg]50'13''
34..........................  28[deg]49'53''        79[deg]50'12''
35..........................  28[deg]50'25''        79[deg]50'17''
36..........................  28[deg]51'47''        79[deg]50'58''
37..........................  28[deg]53'35''        79[deg]51'43''
38..........................  28[deg]55'00''        79[deg]52'22''
39..........................  28[deg]56'55''        79[deg]53'14''
40..........................  29[deg]00'00''        79[deg]54'24''
41..........................  29[deg]02'11''        79[deg]55'50''
42..........................  29[deg]03'34''        79[deg]56'29''
43..........................  29[deg]05'59''        79[deg]57'35''
44..........................  29[deg]06'56''        79[deg]57'59''
45..........................  29[deg]08'00''        79[deg]58'34''
Origin......................  29[deg]08'00''        79[deg]59'43''
------------------------------------------------------------------------

    (iii) Shrimp access area 3 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  28[deg]14'00''        79[deg]46'20''
1...........................  28[deg]11'41''        79[deg]46'12''
2...........................  28[deg]08'02''        79[deg]45'45''
3...........................  28[deg]01'20''        79[deg]45'20''
4...........................  27[deg]58'13''        79[deg]44'51''
5...........................  27[deg]56'23''        79[deg]44'53''
6...........................  27[deg]49'40''        79[deg]44'25''
7...........................  27[deg]46'27''        79[deg]44'22''
8...........................  27[deg]42'00''        79[deg]44'33''
9...........................  27[deg]36'08''        79[deg]44'58''
10..........................  27[deg]30'00''        79[deg]45'29''
11..........................  27[deg]29'04''        79[deg]45'47''
12..........................  27[deg]27'05''        79[deg]45'54''
13..........................  27[deg]25'47''        79[deg]45'57''
14..........................  27[deg]19'46''        79[deg]45'14''
15..........................  27[deg]17'54''        79[deg]45'12''
16..........................  27[deg]12'28''        79[deg]45'00''
17..........................  27[deg]07'45''        79[deg]46'07''
18..........................  27[deg]04'47''        79[deg]46'29''
19..........................  27[deg]00'43''        79[deg]46'39''
20..........................  26[deg]58'43''        79[deg]46'28''
21..........................  26[deg]57'06''        79[deg]46'32''
22..........................  26[deg]57'06''        79[deg]44'52''
23..........................  26[deg]58'43''        79[deg]44'47''
24..........................  27[deg]00'43''        79[deg]44'58''
25..........................  27[deg]04'47''        79[deg]44'48''
26..........................  27[deg]07'45''        79[deg]44'26''
27..........................  27[deg]12'28''        79[deg]43'19''
28..........................  27[deg]17'54''        79[deg]43'31''
29..........................  27[deg]19'46''        79[deg]43'33''
30..........................  27[deg]25'47''        79[deg]44'15''
31..........................  27[deg]27'05''        79[deg]44'12''
32..........................  27[deg]29'04''        79[deg]44'06''
33..........................  27[deg]30'00''        79[deg]43'48''
34..........................  27[deg]30'00''        79[deg]44'22''
35..........................  27[deg]36'08''        79[deg]43'50''
36..........................  27[deg]42'00''        79[deg]43'25''
37..........................  27[deg]46'27''        79[deg]43'14''
38..........................  27[deg]49'40''        79[deg]43'17''
39..........................  27[deg]56'23''        79[deg]43'45''
40..........................  27[deg]58'13''        79[deg]43'43''
41..........................  28[deg]01'20''        79[deg]44'11''
42..........................  28[deg]04'42''        79[deg]44'25''
43..........................  28[deg]08'02''        79[deg]44'37''
44..........................  28[deg]11'41''        79[deg]45'04''
45..........................  28[deg]14'00''        79[deg]45'12''
Origin......................  28[deg]14'00''        79[deg]46'20''
------------------------------------------------------------------------

    (iv) Shrimp access area 4 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  26[deg]49'58''        79[deg]46'54''
1...........................  26[deg]48'58''        79[deg]46'56''
2...........................  26[deg]47'01''        79[deg]47'09''
3...........................  26[deg]46'04''        79[deg]47'09''
4...........................  26[deg]35'09''        79[deg]48'01''
5...........................  26[deg]33'37''        79[deg]48'21''
6...........................  26[deg]27'56''        79[deg]49'09''
7...........................  26[deg]25'55''        79[deg]49'30''
8...........................  26[deg]21'05''        79[deg]50'03''
9...........................  26[deg]20'30''        79[deg]50'20''
10..........................  26[deg]18'56''        79[deg]50'17''
11..........................  26[deg]18'56''        79[deg]48'37''
12..........................  26[deg]20'30''        79[deg]48'40''
13..........................  26[deg]21'05''        79[deg]48'08''
14..........................  26[deg]25'55''        79[deg]47'49''
15..........................  26[deg]27'56''        79[deg]47'29''
16..........................  26[deg]33'37''        79[deg]46'40''
17..........................  26[deg]35'09''        79[deg]46'20''
18..........................  26[deg]46'04''        79[deg]45'28''
19..........................  26[deg]47'01''        79[deg]45'28''
20..........................  26[deg]48'58''        79[deg]45'15''
21..........................  26[deg]49'58''        79[deg]45'13''
Origin......................  26[deg]49'58''        79[deg]46'54''
------------------------------------------------------------------------


[[Page 31914]]

* * * * *
[FR Doc. 2014-12655 Filed 6-2-14; 8:45 am]
BILLING CODE 3510-22-P
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