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, 42423-42433 [2015-17617]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Rules and Regulations]
[Pages 42423-42433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17617]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140214145-5582-02]
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: Final rule.

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SUMMARY: NMFS issues this final rule 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). This final 
rule expands portions of the northern and western boundaries of the 
Oculina Bank Habitat Area of Particular Concern (HAPC) (Oculina Bank 
HAPC) and allows transit through the Oculina Bank HAPC by fishing 
vessels with rock shrimp onboard; modifies vessel monitoring system 
(VMS) requirements for rock shrimp fishermen transiting through the 
Oculina Bank HAPC with rock shrimp on aboard; expands a portion of the 
western boundary of the Stetson Reefs, Savannah and East Florida 
Lithoherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson-
Miami Terrace CHAPC), including modifications to the shrimp access area 
A, which is renamed ``shrimp access area 1''; and expands a portion of 
the northern boundary of the Cape Lookout Lophelia Banks Deepwater 
CHAPC (Cape Lookout CHAPC). In addition, this 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: This rule is effective August 17, 2015.

ADDRESSES: Electronic copies of Amendment 8, which includes an 
environmental assessment and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/coral/.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this final 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.
    On May 20, 2014, NMFS published a notice of availability for 
Amendment 8 and requested public comment (79 FR 28880). On July 3, 
2014, NMFS published a proposed rule for Amendment 8 and requested 
public comment (79 FR 31907). Subsequently, NMFS published a correction 
to the notice of availability (79 FR 37269, July 1, 2014) and the 
proposed rule (79 FR 37270, July 1, 2014) to correct an error in the 
size of the Oculina Bank HAPC. The proposed rule and NOA stated that 
the size of the Oculina Bank HAPC would expand ``by 405.42 square miles 
(1,050 square km), for a total area of 694.42 square miles (1,798.5 
square km) . . .'' However, this was incorrect. The published 
corrections explained that the increase in size of the Oculina Bank 
HAPC would be 343.42 square miles (889.5 square km), for a total area 
of 632.42 square miles (1,638 square km). The Secretary approved the 
amendment on August 18, 2014. The proposed rule and Amendment 8 set 
forth the rationale for the actions contained in this final rule. A 
summary of the actions implemented by this final rule is provided 
below.

Management Measures Contained in This Final Rule

    This final rule expands the boundaries of the Oculina Bank HAPC and 
allows transit through the Oculina Bank HAPC by fishing vessels with 
rock shrimp onboard; modifies the VMS

[[Page 42424]]

requirements for rock shrimp fishermen transiting the Oculina Bank 
HAPC; expands the boundaries of the Stetson-Miami Terrace CHAPC, the 
adjacent shrimp fishery access area, and the Cape Lookout CHAPC; and 
makes 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

    This final rule increases the size of the Oculina Bank HAPC by 
343.42 square miles (889.5 square km), for a total area of 632.42 
square miles (1,638 square km) and, except for a limited transit 
provision described below, extends the current prohibitions to the 
larger area, and increases protection of coral. The prohibitions for 
the Oculina Bank include the following: 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.

Transit Provision With Rock Shrimp on Board Through Oculina Bank HAPC

    This final rule establishes 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 
allowed to possess rock shrimp on board a vessel in the Oculina Bank 
HAPC, a vessel must have a valid commercial permit for rock shrimp, the 
vessel's gear must be appropriately stowed (i.e., doors and nets are 
required to be out of water and onboard the deck or below the deck of 
the vessel), and the vessel must 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 modifies 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. As 
discussed in the proposed rule, not all VMS units used on the vessels 
in the rock shrimp fishery were expected to be able to meet the ping 
rate requirement. As a result, some vessels were expected to have to 
reconfigure or upgrade their unit, or purchase a new unit, in order to 
be able to transit the Oculina Bank HAPC within this exception. 
However, since publication of the proposed rule, NMFS has determined 
that all vessels have VMS units that are capable of registering a VMS 
ping (signal) rate of 1 ping per 5 minutes, however, they will incur 
higher communication costs for this ping rate if they choose to transit 
the Oculina Bank HAPC with rock shrimp onboard. These communication 
costs will be offset by not incurring the costs associated with having 
to transit around the HAPC to get to or from the fishing grounds. This 
transit provision allows rock shrimp fishermen with rock shrimp onboard 
their vessels to travel to and from additional rock shrimp fishing 
grounds in less time using less fuel than if the fishermen are required 
to travel around the Oculina Bank HAPC.

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

    This final rule increases 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 increases 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 extends the current CHAPC gear 
prohibitions to the larger areas to increase protection of deepwater 
coral ecosystems. The prohibitions for the CHAPCs include the 
following: It is 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 unlawful to fish for or possess coral in or 
from the CHAPCs on board a fishing vessel.
    Additionally, the expansion of the Stetson-Miami Terrace CHAPC 
provides royal red shrimp fishermen a new zone adjacent to the existing 
shrimp access area A (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 rule expands the shrimp fishery access area to 
include the new haul-back zone.

Other Changes to Regulatory Text

    This rule also revises the names of the shrimp fishery access 
areas, from ``shrimp access area A-D'' to ``shrimp access area 1-4'', 
in the regulations implemented through the Comprehensive Ecosystem-
Based Amendment 1 (75 FR 35330, June 22, 2010) to more closely match 
the names in the FMP. This final rule also revises 50 CFR 
622.224(c)(3)(i)-(iv), to change the four shrimp fishery access areas 
titles.

Comments and Responses

    NMFS received a total of 35 comment letters on Amendment 8 and the 
proposed rule, which include letters from a Federal agency, an 
environmental organization, private citizens, recreational fishermen, 
commercial fishermen, and fishing associations. Five letters expressed 
support for the amendment and three letters were unrelated to the 
actions in Amendment 8. One comment letter was signed by 257 members of 
the rock shrimp fishing industry and opposed the implementation of the 
amendment. The specific comments on the actions contained in Amendment 
8 and the proposed rule and NMFS's respective responses, are summarized 
below.
    Comment 1: Amendment 8 is not based upon the best scientific 
information available because the analysis to determine the location of 
fishing and the socio-economic impacts of proposed extensions to the 
HAPCs was based on VMS data. The assumption that each VMS point should 
be given equal value is incorrect. Amendment 8 should have included 
trawl track data generated from WinPlot\TM\ software matched up to trip 
ticket information from the state of Florida. Trawl track data, instead 
of VMS data, may be more easily correlated with trip ticket information 
to determine location and value of catches.
    Response: NMFS disagrees that Amendment 8 was not based on the best 
scientific information available. NMFS requires a VMS onboard each rock 
shrimp fishing vessel to determine where the fishing vessel is fishing 
and provides this information through VMS generated trawl track data. 
NMFS does not require trawl track data generated by WinPlot\TM\ or any 
other proprietary tracking or monitoring system. Thus, VMS data were 
used in Amendment 8 to determine location of fishing effort and 
economic impacts, and NMFS has determined that Amendment 8 used the 
best scientific information available.
    WinPlot\TM\ is charting software used by some fishermen in the rock 
shrimp fishery in addition to the required VMS. It is unknown if all 
rock shrimp fishermen are using Winplot\TM\ software or if they all are 
recording the same information for each trawl or trip. Trawl track 
information from WinPlot\TM\ represents self-reported data for which 
there are no standardized data elements, and there would be limited 
utility of trying to use WinPlot\TM\ trawl track data for socio-
economic analysis. Instead, the data from the required VMS units were 
used to determine the socio-economic impacts. The analysis considered 
the

[[Page 42425]]

percentage of VMS points on average that occur in the area that would 
become closed to rock shrimp fishing. Rock shrimp landings information 
cannot be associated to each VMS data point. As a result, any 
assessment of the expected effects of the Oculina Bank HAPC expansion 
requires an assumption of how harvest is expected to be distributed 
over the area encompassed by the expansion. NMFS has determined that 
the assumption that the harvest of rock shrimp occurs uniformly across 
each VMS data point is reasonable.
    Comment 2: The rock shrimp industry (vessels, restaurants, 
processors, fish houses, fuel companies, freight companies, crews, dock 
workers, etc.) will suffer significant economic impacts if the northern 
expansion of the Oculina Bank HAPC in Amendment 8 is implemented.
    Response: The northern expansion of the Oculina Bank HAPC may have 
adverse economic effects on some individual businesses associated with 
the rock shrimp industry; however, NMFS disagrees that the industry 
will suffer significant economic impacts due to the variable nature of 
rock shrimp harvest. The average annual revenue from rock shrimp 
harvest over the period 2007-2012 was $1.92 million (2012 dollars), but 
ranged from a low of approximately $442,000 in 2007 to a high of 
approximately $3.89 million in 2008. In 2012, the most recent year for 
which final data were available at the time of completion of Amendment 
8, the rock shrimp revenue was approximately $501,000. Thus, the 
economic performance of the industry is quite variable and the 
associated businesses, on average, would be expected to be economically 
flexible by necessity. For rock shrimp harvesters, this flexibility is 
demonstrated by the fact that, on average, the majority of annual 
fishing revenue comes from other species. Over the period 2009, 2010, 
and 2011, rock shrimp accounted for 27 percent, 22 percent, and 13 
percent of the average total fishing revenue per vessel in each year, 
respectively. Comparable data for more recent years are not available. 
For rock shrimp harvesters, penaeid shrimp harvested in the South 
Atlantic was the highest revenue species in each year, ranging from 43 
percent in 2011 to 63 percent in 2009. Additionally, although there are 
an estimated 104 vessels permitted to harvest rock shrimp, the number 
of vessels that actually harvest rock shrimp in the South Atlantic is 
substantially less. During 2009, 2010, and 2011, only 31, 19, and 18 
vessels harvested rock shrimp in the South Atlantic in these years, 
respectively, and the production results provided above reflect the 
estimated average performance of these vessels. These results 
demonstrate, on average, that although the revenue from rock shrimp 
comprises a substantial portion of total annual revenue, rock shrimp 
fishermen are more dependent on other species.
    In addition to analyzing the relative importance of rock shrimp 
revenue within the total fishing revenue, the significance of any 
economic effects will be determined by the expected reduction in rock 
shrimp harvest. It is not possible to determine with certainty the 
reduction in rock shrimp harvest that may occur as a result of the 
proposed expansion of the Oculina Bank HAPC because available data does 
not allow for the tabulation of rock shrimp harvest per tow, and the 
harvest area is recorded by statistical grid (60 nautical miles 
squared). Additionally, the distribution and abundance of rock shrimp 
in any area is highly variable from year to year. Although anecdotal 
information made available through public comment may suggest higher 
rock shrimp yields in the northern expansion of the Oculina Bank HAPC 
in 2013, sufficient information is not available to conclude this 
higher abundance of rock shrimp will persist or that it is more 
representative of future conditions than the historic average. Further, 
it has not been shown that the northern expansion of the Oculina Bank 
HAPC is the source of substantial rock shrimp harvest in years when 
total rock shrimp harvests have been high. In the absence of harvest 
data per tow, the assessment of the expected reduction in rock shrimp 
harvest was based on the assumption that rock shrimp harvest is 
uniformly distributed over the statistical grid and, thus, the 
reduction in harvest as a result of the northern expansion of the 
Oculina Bank HAPC would be proportionate to the amount of area in the 
expansion relative to the area in the total statistical grid within 
which harvest is reported. Although this assumption may not capture the 
actual harvest that has occurred in the expansion area, or the 
potential higher productivity that may occasionally occur in future 
years, NMFS has determined this assumption is reasonable.
    Comment 3: Does the analysis use all of the existing 678 commercial 
vessel permits for South Atlantic snapper-grouper, or only the vessel 
logbooks home ported nearest the Amendment 8 proposed expansions of the 
Oculina Bank HAPC areas from Fort Pierce north to St. Augustine, 
Florida, or only the logbooks of the vessels that indicated they fished 
in that area with landings as a metric of socio-economic impact in this 
analysis? The minimal impact description to the commercial snapper-
grouper fleet contained in Amendment 8 is incorrect.
    Response: The assessment of the socio-economic effects of the 
expansion of the Oculina Bank HAPC was based on the expected average 
harvest of snapper-grouper species in the area of the expansion over 
the period 2009-2011, as recorded in all logbooks regardless of where 
the respective vessels were home-ported. Because harvest is recorded by 
statistical grid (60 nautical miles squared) and is not available at 
finer geographic resolution, the expected reduction in snapper-grouper 
harvest was based on the assumption that snapper-grouper harvest is 
uniformly distributed over the area in the statistical grid and, thus, 
the reduction in harvest as a result of the northern expansion of the 
Oculina Bank HAPC would be proportionate to the amount of area in the 
expansion relative to the area in the total statistical grid within 
which harvest is reported. Although this assumption may not capture the 
actual harvest that has occurred in the proposed expansion area, NMFS 
has determined this assumption is reasonable.
    Comment 4: The $189,464 average annual revenue loss estimate for 
the proposed northern and western extension to the Oculina Bank HAPC is 
too low. Rock shrimp abundance and distribution is extremely variable, 
and only recent information, rather than an average, should be used in 
the economic analysis. The estimated value of the catches in the area 
was approximately $1,000,000 for a subset of 6 vessels over a 3-week 
period in September 2013, which substantially transcends the average 
annual revenue loss of $189,464 for all vessels in the entire fishery 
over the entire fishing year, as set forth in Amendment 8.
    Response: NMFS disagrees that the average annual revenue loss 
estimate for the proposed northern and western extension to the Oculina 
Bank HAPC is too low. Because rock shrimp are so variable over time and 
space, it is not appropriate to use only the most recent anecdotal 
information to determine the socio-economic effects of the proposed 
action. The Council approved Amendment 8 for review by the Secretary of 
Commerce at its September 2013 meeting. On November 6, 2013, the 
Council was informed in a letter about high landings of rock shrimp in 
the proposed northern extension of the Oculina Bank HAPC. Although 
anecdotal information made available

[[Page 42426]]

through public comment may suggest higher rock shrimp yields in the 
northern extension of the Oculina Bank HAPC in 2013, sufficient 
information is not available for NMFS to conclude a higher abundance 
will persist and is more representative of future conditions than the 
historic average as previously discussed.
    Comment 5: Amendment 8 is in violation of the National 
Environmental Policy Act (NEPA) because Action 1 did not consider a 
reasonable range of alternatives. Alternatives 2 and 3 are completely 
distinct from each other and modify different boundaries of the HAPC, 
thus Alternative 3 should be a separate action. Also, Alternative 2 had 
two sub-alternatives and Alternative 3 did not have any. Furthermore, 
the Purpose and Need section of Amendment 8 is focused on protection of 
deepwater coral and does not include any reference to minimizing, to 
the extent practicable, adverse economic impacts on the rock shrimp 
fishery.
    Response: NMFS disagrees that Amendment 8 is in violation of NEPA. 
While Alternatives 2 and 3 under Action 1 consider modifications to the 
northern and western boundaries of the Oculina Bank HAPC, respectively, 
they fall within the scope of the action which is to ``Expand 
Boundaries of the Oculina Bank HAPC.'' Further, NEPA does not require 
that the Purpose and Need include a reference to minimizing economic 
impacts. According to NEPA, biological, economic, social and 
administrative impacts of the proposed actions should be analyzed and 
considered. These analyses in Amendment 8 used the best scientific 
information available and are included in Chapter 4 of the amendment, 
and were considered by the Council. The Council's adoption of a 
recommendation by their Deepwater Shrimp Advisory Panel for 
modification of the northern extension of the Oculina Bank HAPC, 
reduced fishery impacts where traditional fishing activity occurs. NMFS 
has determined that Amendment 8 and its implementing final rule will be 
effective in increasing the protection of deepwater coral while 
minimizing, to the extent practicable, adverse socio-economic impacts, 
as required by National Standard 8 of the Magnuson-Stevens Act.
    Comment 6: The actions in the proposed rule indicate the Council 
and NMFS may have a misunderstanding of how a shrimp trawl works. The 
type of trawl used to catch rock shrimp is not designed to work in hard 
rocky bottom.
    Response: A description of the rock shrimp fishing practices, 
vessels involved, and gear used can be found in Section 3 of Amendment 
8. It was discussed at the November 2012 Habitat Advisory Panel and the 
December 2012 Council meetings that rock shrimp fishermen do not trawl 
on coral or hard-bottom coral habitat, but instead target rock shrimp 
on their preferred soft-bottom habitat where coral is not present.
    Comment 7: The minutes from the October 2012 Joint Deepwater Shrimp 
and Coral Advisory Panels meeting were lost. At that meeting, an 
agreement was made between a scientist, a member of Council staff, and 
the chair of the Deepwater Shrimp Advisory Panel to develop a new 
alternative for the northern Oculina Bank HAPC extension for 
consideration by the Council. Because the minutes from the meeting were 
lost, there is no documentation of this agreement. An alternative for 
the northern Oculina Bank HAPC extension alternative was later 
developed without the input of the Deepwater Shrimp Advisory Panel 
Chair. Several hours were spent at the October 2012 meeting 
demonstrating and educating the Coral Advisory Panel about rock 
shrimping, the equipment used, and the process involved. The Coral 
Advisory Panel agreed with the Deepwater Shrimp Advisory Panel that 
rock shrimp trawls were not harming coral or coral habitats.
    Response: The Coral and Deepwater Shrimp Advisory Panels met in 
Cape Canaveral, Florida, on October 18, 2012, and the Chair of the 
Deepwater Shrimp Advisory Panel presented an overview of the rock 
shrimp fishery. The verbatim minutes of that joint meeting were 
partially compromised and are incomplete because the afternoon session 
of the joint advisory panel meeting was not recorded and transcribed, 
due to an inadvertent, technical error. A new alternative for the 
northern Oculina Bank HAPC extension, developed by a Council staff 
member and a scientist following the October 2012 Joint Coral and 
Deepwater Shrimp Advisory Panel Meeting, was brought to the Council at 
their December 2012 meeting, and the Council added this new alternative 
to Amendment 8 at that meeting. The Chair of the Deepwater Shrimp 
Advisory Panel also attended the December 2012 Council meeting, and he 
indicated that some slight adjustments to the new alternative might be 
needed. During its May 2013 meeting, the Deepwater Shrimp Advisory 
Panel discussed the new alternative, and made a recommendation to 
further modify the boundaries to reduce fishery impacts in the area 
where traditional fishing activity occurs. Recognizing that rock 
shrimpers do not trawl on coral or hard-bottom habitat, the Council, at 
its June 2013 meeting, adopted the Deepwater Shrimp Advisory Panel's 
recommendation for the modified northern Oculina Bank HAPC extension 
alternative, and chose that alternative as its preferred alternative.
    Comment 8: The public was not properly notified that a new and 
significant revision to the proposed closed area under Action 1, 
Alternative 2 would be discussed and considered by the Habitat Advisory 
Panel during its November 2012 meeting. Failure to provide timely 
notice of this new matter on the agenda for the Habitat Advisory Panel 
meeting made it difficult for the Chair of the Deepwater Shrimp 
Advisory Panel and members of the Habitat Advisory Panel to assist in 
the collection and evaluation of information relevant to the 
development of the new alternative.
    Response: The Habitat and Environmental Protection Advisory Panel 
Meeting was announced in the Federal Register on October 29, 2012 (77 
FR 65536). The announcement stated ``Topics to be addressed at the 
meeting include: A member workshop on developing the South Atlantic 
Habitat and Ecosystem Atlas and Digital Dashboard, including the new 
online Ecospecies System; species research and habitat mapping 
associated with deepwater marine protected areas; deepwater habitat 
complexes associated with Coral Habitat Areas of Particular Concern 
(CHAPC) extension proposals; a review of a draft Memorandum of 
Understanding (MOU) between Atlantic Councils on deepwater coral 
ecosystem conservation; a review of other regional partner activities 
supporting the regional move to ecosystem-based management; and 
consideration of updates to essential fish habitat policy statements as 
needed.'' Specific alternatives for actions in amendments are not 
usually contained in agendas for Advisory Panel meetings in Federal 
Register notices. However, a discussion of the actions and alternatives 
in Amendment 8 fits within the scope of the agenda and topics announced 
for discussion at the Habitat Advisory Panel meeting. Thus, the public 
was properly notified about the Habitat Advisory Panel Meeting in 
accordance with section 302(i)(2)(C) of the Magnuson-Stevens Act, and 
an additional Federal Register notice was not necessary.
    Comment 9: Amendment 8 is not consistent with section 3.2.7 of the 
Council's Statement of Organization, Practices, and Procedures (SOPPs) 
because the Deepwater Shrimp Advisory Panel Chairman was denied the 
opportunity to make a presentation

[[Page 42427]]

of the issues to be discussed at the November 2012 meeting of the 
Habitat Advisory Panel, including a new alternative for the northern 
Oculina Bank HAPC extension for consideration by the Council. This 
presentation could have been accommodated, at a minimum, during a 
public comment period during the advisory panel meeting.
    Response: Section 3.2.7 of the Council's SOPPs states: ``Public 
testimony will be allowed at Council meetings on all agenda items 
before the Council for final action and at advisory panel (AP) and 
Scientific and Statistical Committee (SSC) meetings on all agenda 
items. If the agenda does not schedule a time for public testimony, the 
chairperson or presiding officer shall schedule testimony at an 
appropriate time during the meeting that is consistent with the orderly 
conduct of business.'' Although the Chair of the Deepwater Shrimp 
Advisory Panel was not provided the opportunity to make a presentation 
at the Habitat and Environmental Protection Advisory Panel Meeting, 
that Chair did provide public testimony on issues related to the 
northern extension of the Oculina Bank HAPC at the Habitat and 
Environmental Protection Advisory Panel Meeting in accordance with the 
Council's SOPPs, and with section 302(i)(2)(D) of the Magnuson-Stevens 
Act.
    Comment 10: The SSC did not provide the Council any meaningful 
scientific advice on the social or economic impacts of the proposed 
management measures contained in Amendment 8. The SSC was not provided 
with timely or complete VMS data and other necessary data on the 
fishery and the proposed management measures.
    Response: The SSC reviewed and discussed Amendment 8 at its April 
2013 meeting. A report from that meeting states ``By consensus the 
Committee agreed that the proposed actions that modify the CHAPCs 
succeed in addressing the Purpose and Need of Amendment 8 and, 
therefore, actions in Amendment 8 are warranted to protect coral in 
these areas.''
    Comment 11: The rock shrimp industry requested that a transit 
implementation plan be put in place before the proposed northern 
extension area of the Oculina Bank HAPC is effective, in order to test 
the transit provision. A serious safety issue will be created for 
shrimpers working offshore of a closed area that extends from Ft. 
Pierce to St. Augustine without the ability to transit the area.
    Response: The Council and NMFS determined that the expansion of the 
Oculina Bank HAPC and the establishment of a transit provision needed 
to be implemented simultaneously. As a result, the final rule will 
establish a provision to allow fishing vessels with rock shrimp onboard 
to transit the Oculina Bank HAPC. The expansion of the Oculina Bank 
HAPC and the transit provision will be effective 30 days after the 
final rule publishes.
    Comment 12: The Council did not consider any other methods to 
protect deepwater coral habitat in Amendment 8 except to expand the 
HAPCs.
    Response: The Council has protected deepwater coral ecosystems 
through fishing gear restrictions in HAPCs. The Oculina Bank HAPC was 
implemented in 1984, and the Stetson-Miami Terrace Coral HAPC and the 
Cape Lookout Coral HAPC were included in the Coral HAPCs that were 
implemented in 2010. Within the existing HAPCs, the use of bottom 
longline, bottom trawl, dredge, pot, or trap, as well as the use of an 
anchor, anchor and chain, or grapple and chain is prohibited if on 
board a fishing vessel. Within the Coral HAPCs, the use of a mid-water 
trawl is also prohibited. Fishing for or possessing rock shrimp or 
Oculina coral is prohibited within the Oculina Bank HAPC (this rule 
will allow transit through the Oculina Bank HAPC for rock shrimp 
fishermen with rock shrimp onboard their vessel), and fishing for or 
possessing coral is prohibited on board a fishing vessel in the Coral 
HAPCs. Recent scientific explorations have identified areas of high 
relief features and hard bottom habitat outside the boundaries of the 
existing Oculina Bank HAPC and Coral HAPCs. Deepwater coral are 
extremely fragile and slow growing, and any method to protect deepwater 
coral must involve restrictions on gear that may impact coral. The 
Council recommended expansion of existing HAPCs to provide protection 
to the newly discovered areas of deepwater coral. Other options such as 
a prohibition to all fishing could have been considered; however, the 
Council determined that prohibiting the use of gear that may impact 
coral through the expansion of HAPCs was the most appropriate method 
for protecting deepwater coral, while minimizing, to the extent 
practicable, negative socio-economic impacts.
    Comment 13: Research dives found only two instances of deepwater 
coral, yet Amendment 8 proposes to close 267 square miles of historical 
trawling grounds in the northern extension of Oculina Bank HAPC. The 
Oculina Bank HAPC should not be expanded westward as there is no 
Oculina coral in that area. The new information does not justify such a 
large closure. The Oculina Bank HAPC is sufficiently large to protect 
deepwater coral ecosystems.
    Response: In October 2011, a presentation was provided to the 
Council's Coral Advisory Panel on two new areas of high-relief Oculina 
coral mounds and hard bottom habitats that had been discovered north 
and west of the current boundaries of the Oculina Bank HAPC. The 
locations of these sites were originally identified from NOAA regional 
bathymetric charts and later verified with multibeam sonar, a remotely 
operated vehicle (ROV) and submersible video surveys. The sonar maps 
and ROV dives confirmed that the high-relief features of the NOAA 
regional charts were high-relief Oculina coral mounds. Based on 
bathymetric charts, it is estimated that over 100 mounds exist in this 
area. Other observations include gentle slopes covered with coral 
rubble, standing dead coral, and sparse live Oculina coral colonies. 
Exposed hard bottom with 1 to 2 meter relief ledges was observed at the 
base of some mounds. Between the mounds and west of the main reef 
track, the substrate is mostly soft sediment but patchy rock pavement 
habitat and coral rubble are also present. Multibeam sonar maps made in 
2002 and 2005 revealed numerous high-relief coral mounds and hard 
bottom habitat that are west of the western Oculina Bank HAPC boundary. 
A few of these mounds are comprised mostly of coral rubble, with live 
and standing dead Oculina. During its 2011 October meeting, the Coral 
Advisory Panel recommended the Council revisit the boundaries of the 
Oculina Bank HAPC, Stetson-Miami Terrace Coral HAPC, and the Cape 
Lookout Coral HAPC to incorporate these areas of additional deepwater 
coral habitat that were previously uncharacterized. The Council 
determined that, based on the information provided, extension of the 
HAPCs was appropriate. The NMFS Southeast Fisheries Science Center 
reviewed the amendment and certified that it was based on the best 
scientific information available. NMFS agrees with that determination.
    Comment 14: It is not appropriate for anchors or drag nets to be 
used in the HAPCs but fishing with hook-and-line gear should be 
allowed, because research has shown hook-and-line fishing does not 
create any lasting damage to bottom habitat.
    Response: Hook-and-line fishing without anchoring in the HAPCs will 
not be restricted by this amendment. The management measures contained 
in this final rule are intended to protect

[[Page 42428]]

deepwater coral ecosystems from gear than may impact coral. Within the 
existing HAPCs, the use of bottom longline, bottom trawl, dredge, pot, 
or trap, as well as the use of an anchor, anchor and chain, or grapple 
and chain if on board a fishing vessel is prohibited. The use of mid-
water trawl gear is also prohibited in the Coral HAPCs. Fishing for or 
possessing rock shrimp or Oculina coral is also prohibited within the 
Oculina Bank HAPC (this rule will allow transit through the Oculina 
Bank HAPC for rock shrimp fishermen with rock shrimp onboard their 
vessel), and fishing for or possessing coral is prohibited on board a 
fishing vessel in the Coral HAPCs.
    Comment 15: The coordinates (latitude and longitude) published in 
the proposed rule for the Oculina Bank HAPC extension do not match any 
of the figures in the amendment used to illustrate the boundaries. The 
Council has never seen a good illustration of the area where the rock 
shrimp vessels operate and the historical fishing grounds (indicated by 
VMS points) that are being eliminated.
    Response: The coordinates in the amendment and the rule differ 
slightly in the way they are listed but do not differ functionally. In 
the amendment, the latitude and longitude in the figures are in degrees 
and decimal minutes, and were converted to degrees, minutes, and 
seconds in the proposed and final rules. This conversion was necessary 
to remain consistent with the coordinates contained in the regulations 
for the other CHAPCs. Also, in the amendment, the coordinates listed 
identify the expanded area rather than the entire Oculina Bank HAPC, 
while the proposed rule lists the coordinates for the entire Oculina 
Bank HAPC, including the new expanded area. Figures S-4 and S-6 in 
Amendment 8 illustrate the northern and western extensions of the 
Oculina Bank HAPC, and illustrate the VMS points showing fishing by 
rock shrimp vessels operating in that area. The Council had sufficient 
information to make its decision when they approved Amendment 8. NMFS 
will work with the Council to improve the illustrations in future 
amendments.
    Comment 16: Instead of expanding the Oculina Bank HAPC, studies 
should be done on increased algae growth on the south end of the 
Oculina Bank.
    Response: The purpose of Amendment 8 is to increase protections for 
deepwater coral based on new information of deepwater coral resources 
in the South Atlantic. Studies of algae growth in Oculina Bank are 
outside the scope of this amendment. There is currently no information 
on increased algae growth in Oculina Bank, however, that is an area for 
potential research in the future.
    Comment 17: It appears that the rock shrimp are moving northward 
due to changes in climate. The northern expansion of Oculina Bank HAPC 
will cut off access to historical northern shrimping grounds and will 
not protect coral.
    Response: There are likely many factors that may explain the 
variability in rock shrimp abundance and distribution, and climate 
change may be one of the factors. Expansion of the Oculina Bank HAPC 
may have adverse effects on some individual businesses associated with 
the rock shrimp industry, but is expected to enhance protection to 
deepwater corals. The northern expansion of Oculina Bank HAPC is based 
on recent scientific information, which indicates deepwater coral 
ecosystems occur in the area. This expansion is expected to reduce 
historical fishing in the area by about 5 percent based on VMS data 
from 2007-2012.
    Comment 18: Expansion of the Oculina Bank HAPC, Stetson-Miami 
Terrace Coral HAPC, and Cape Lookout Coral HAPC could have implications 
for green energy development and exploration in the future.
    Response: NMFS has determined that any effects of expansion of the 
Oculina Bank HAPC, and the Stetson-Miami Terrace or Cape Lookout Coral 
HAPCs on the development of green energy or exploration would be 
speculative. The Oculina Bank HAPC, Stetson-Miami Terrace Coral HAPC, 
and Cape Lookout Coral HAPC have been designated as essential fish 
habitat (EFH) HAPCs by the Council to warrant special protection. 
Designation as EFH or an EFH-HAPC would require that Federal agencies 
consult with the NMFS Habitat Conservation Division, if a Federal 
agency determines its activity or action may adversely affect EFH or 
the EFH-HAPC.
    Comment 19: There have been many problems with Amendment 8. For 
example, NMFS published a correction notice in the Federal Register on 
July 1, 2014, noting an error found in the preamble text for the 
proposed rule and the notice of availability for the amendment, with 
regard to the actual size of the proposed expansion of the Oculina 
HAPC.
    Response: As explained in the Supplementary Information above, NMFS 
published correction notices during the comment period for Amendment 8 
and the proposed rule on July 1, 2014 (79 FR 37270 and 79 FR 37269), to 
correct an inadvertent error regarding the proposed increased size of 
the Oculina Bank HAPC. The proposed rule and notice of availability for 
the amendment stated ``the 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) . . .'' This was 
incorrect. The correction notices explained that the proposed rule 
would increase the size of the Oculina Bank HAPC by 343.42 square miles 
(889.5 square km), for a total area of 632.42 square miles (1,638 
square km).
    Comment 20: Amendment 8 is not consistent with section 
303(b)(2)(C)(iii) of the Magnuson-Steven Act, which requires that for 
any closed area, NMFS must ensure a timetable is established for review 
of the closed area's performance, consistent with the purposes of the 
closed area.
    Response: Section 303(b)(2)(C)(iii) of the Magnuson-Steven Act is 
applicable when a closure prohibits all fishing. Because Amendment 8 
does not prohibit all fishing, the requirements of section 
303(b)(2)(C)(iii) of the Magnuson-Steven Act are not applicable. 
Although there are fishing gear restrictions in the existing HAPCs and 
expanded HAPCs, fishing would continue to be allowed in the HAPCs with 
the appropriate gear.

Changes From the Proposed Rule

    Since publication of the proposed rule, NMFS Office for Law 
Enforcement (OLE) published a final rule to specify requirements 
related to approved VMS units, which describes the requirements for 
vendors wishing to provide VMS units for domestic fisheries (70 FR 
77399, December 24, 2014). NMFS has now determined that the discussion 
of the VMS requirements in the proposed rule preamble and economic 
analysis for Coral Amendment 8 was incorrect. The preamble in the 
proposed rule stated that the proposed transit provisions would require 
that some VMS units would need to be replaced or would be required to 
have software/hardware upgrades to allow transit through the Oculina 
Bank HAPC with rock shrimp on board. Estimates of the costs of these 
upgrades were provided in the proposed rule. However, NMFS has since 
determined that the VMS units currently operating in the fishery are 
capable of signaling at a rate of at least 1 ping per 5 minutes, as is 
required by Amendment 8 and this rule.
    Therefore, no replacement units or upgrades will likely be 
necessary for fishing vessels with rock shrimp on board that choose to 
transit through the Oculina Bank HAPC. As a result, the only costs 
associated with this final rule

[[Page 42429]]

may be the increased communication charges if vessels choose to transit 
through the closed area with rock shrimp onboard. The maximum charge 
for any of the VMS units is $0.06 per ping, however, the total amount 
of increased communication charges per vessel cannot be determined 
because the total cost will depend on how often a vessel transits the 
Oculina Bank HAPC and the route the vessel chooses to take through the 
HAPC.
    In addition, NMFS fixes a spelling mistake in this final rule. This 
rule changes the spelling of ``Lithotherm'' to ``Lithoherm'' in the 
name of the CHAPC ``Stetson Reefs, Savannah and East Florida 
Lithoherms, and Miami Terrace Deepwater Coral HAPC'' in 50 CFR 
622.224(c)(1)(iii).

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of deepwater coral resources in the South Atlantic and is consistent 
with Amendment 8, the FMP, the Magnuson-Stevens Act, and other 
applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for 
this rule. The FRFA describes the economic impact this rule is expected 
to have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from NMFS (see 
ADDRESSES). A summary of the analysis follows.
    The purpose of this 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 rule.
    Comments on the proposed rule are addressed in the comments and 
responses section of this final rule and the changes to the final rule 
are discussed in the changes from the proposed rule section of this 
final rule. No changes were made to the rule in response to these 
comments.
    This rule does not include any reporting or record-keeping 
requirements other than those associated with the VMS requirements 
discussed below.
    This rule is expected to directly apply 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. Although potentially all vessels in the snapper-grouper 
commercial sector could potentially be affected, the number of vessels 
that actually fish in the affected areas is expected to be small, as 
evidenced by the minimal economic effects expected to occur as a result 
of this rule (described below). 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 
permitted to harvest rock shrimp is estimated to earn approximately 
$20,500 (2012 dollars) in annual rock shrimp 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). However, although there are an estimated 104 vessels 
permitted to harvest rock shrimp, the number of vessels that actually 
harvest rock shrimp in the South Atlantic is substantially less. Over 
the period 2009-2011, only 31, 19, and 18 vessels harvested rock shrimp 
in the South Atlantic in these years, respectively. Based on sample 
data from these vessels (10 vessels in 2009, 7 vessels in 2010, and 9 
vessels in 2011), the average annual total revenue from all fishing 
activity during these years was approximately $334,000 (2012 dollars) 
in 2009, $725,000 in 2010, and $629,000 in 2011. More recent data are 
not available. NMFS has not identified any other small entities that 
would be expected to be directly affected by this 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 $20.5 million (NAICS code 114111, Finfish Fishing). 
The receipts threshold for a business involved in shrimp fishing is 
$5.5 million (NAICS code 114112, Shellfish Fishing). Because the 
average annual gross revenues for the commercial fishing operations 
expected to be directly affected by this rule are significantly less 
than the SBA revenue threshold, all these businesses are believed to be 
small business entities.
    This rule contains four separate actions. The first action expands 
the boundaries of the Oculina Bank HAPC by 343.42 square miles (889.5 
square km), for a total area of 632.42 square miles (1,638 square km). 
Expansion of the Oculina Bank HAPC is 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 
will 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 expansion of the Oculina 
Bank HAPC is approximately $56,000 (2012 dollars), or less than 0.3 
percent of the total average annual revenue received by South Atlantic 
commercial fishing vessels 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, therefore, 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 shrimp harvest may be affected by the expansion of the 
Oculina Bank HAPC. However, the primary effect of the expansion of the 
Oculina Bank HAPC is expected to be on the harvest of rock shrimp and 
not the harvest of royal red shrimp. This rule is expected to reduce 
the total revenue from rock shrimp for all potentially affected rock 
shrimp fishermen by a maximum of approximately $189,500 (2012 dollars).
    Translating this expected reduction in total revenue to an average 
reduction per vessel is difficult because of the variability in 
participation in the fishery from year-to-year, as well as variability 
in revenue. As discussed above, significantly more vessels are 
permitted to harvest rock shrimp (104 vessels) than harvest rock shrimp 
(18-31 vessels,

[[Page 42430]]

2009-2011). Compared to the performance in each of the years 2009-2011, 
the expected annual total reduction in revenue from rock shrimp as a 
result of the Oculina Bank HAPC expansion would be approximately 1.8 
percent of the total average annual gross revenue based on 2009 
performance (reduction of approximately $6,100 per vessel compared to 
total average revenue of $334,000; 2012 dollars), 1.4 percent based on 
2010 performance (reduction of approximately $10,000 per vessel 
compared to total average revenue of $725,000; 2012 dollars), and 1.7 
percent based on 2011 performance (reduction of approximately $10,500 
per vessel compared to total average revenue of $629,000; 2012 
dollars). Overall, although the reduction in rock shrimp revenue as a 
result of the Oculina Bank HAPC expansion may be more than projected, 
rock shrimp accounted for only 27 percent, 22 percent, and 13 percent 
of total fishing revenue each year over the period 2009, 2010, and 2011 
for vessels harvesting South Atlantic rock shrimp, respectively. 
Penaeid shrimp were the highest revenue species in each of these years. 
Thus, on average, although the revenue from rock shrimp comprises a 
substantial portion of total annual revenue, available data indicate 
that rock shrimp fishermen are more dependent on other species than 
rock shrimp. Although the revenue from royal red shrimp also may be 
affected, 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 establishes transit provisions through the 
Oculina Bank HAPC for a vessel with rock shrimp on board. This rule 
will allow 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 and 
the VMS onboard the vessel registers a VMS ping (signal) rate of 1 ping 
per 5 minutes), and the vessel's gear is appropriately stowed (i.e., 
doors and nets will be required to be out of water and onboard the deck 
or below the deck of the vessel). At the time of publication of the 
proposed rule, NMFS expected that this VMS ping rate, which is more 
frequent than that currently required, would result in increased costs 
for vessels choosing to transit. These costs would be associated with 
the purchase of new VMS units for vessels with units unable to ping at 
the higher rate (22 vessels), upgrade of units that could ping at the 
higher rate if upgraded (57 vessels), and increased communication costs 
(all vessels). These increased costs were estimated to range from 
approximately $2,795 to $3,595 for the purchase and installation of a 
new VMS unit and approximately $300 per vessel for VMS unit upgrades 
and associated shipping costs. Increased communication costs were not 
estimated because they would depend on the frequency of transit and, in 
some cases, would only increase if the resultant total number of pings 
exceeded a pre-paid threshold. The maximum communication charge that 
has been identified is $0.06 per ping and the number of pings per 
transit should be minimal if a vessel takes the most direct path 
through the Oculina Bank HAPC.
    Subsequent to publication of the proposed rule, however, NMFS 
determined that all of the VMS units operated by the affected rock 
shrimp vessels are capable of communicating at the higher ping rate. As 
a result, no vessel that desires to transit through the Oculina Bank 
HAPC with rock shrimp on board will be required to purchase a new VMS 
unit or acquire an upgrade and the only change in costs will be an 
increase in communication costs. Despite this increase in communication 
costs, any increase will be voluntarily incurred because the rule will 
not require that vessels transit the Oculina Bank HAPC with rock shrimp 
on board. The net economic effect per entity of transiting is expected 
to be positive. Transit through the Oculina Bank HAPC is expected to 
reduce operating expenses by allowing a vessel to avoid time-consuming 
and costly travel around the area with rock shrimp onboard. Also, 
revenue may be increased if a reduction in travel time allows longer 
fishing. Overall, a fisherman will only choose to incur the increased 
VMS communication costs associated with transit if they conclude they 
will receive a net increase in economic benefits, regardless of the 
source of these benefits. As a result, this component of the rule is 
expected to have a direct positive economic effect on all affected 
small entities.
    Combined, the expected effects of the expansion of the Oculina Bank 
HAPC and transit provisions for vessels with rock shrimp on board are 
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 expansion of the 
Oculina Bank HAPC is expected to reduce rock shrimp revenue from this 
area, the transit provisions are expected to reduce operating costs and 
potentially increase rock shrimp revenue by allowing more time to 
harvest rock shrimp from other areas, where permitted.
    The third action in this rule will 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 will not be expected to be 
affected by the expansion of the Stetson-Miami Terrace CHAPC. This 
action will also establish 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 rule is not expected to reduce the revenue of any 
small entities.
    The fourth action will 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 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 is 
not 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 rule is not expected 
to reduce the revenue of any small entities.
    Among the actions in this rule, only the expansion of the Oculina 
Bank HAPC is expected to directly reduce the revenue of any small 
entities. Four alternatives, including the no action status quo 
alternative, were considered for the expansion of the Oculina Bank 
HAPC. Two of these alternatives are included in this rule. The no 
action alternative was not adopted because it would not have achieved 
the objective of increasing the protection of deepwater coral 
ecosystems in the Council's jurisdiction. The second alternative would 
have increased the area of expansion and, as a result, would result in 
a larger reduction in fishing revenue to directly affected small 
entities than this rule. Because the other actions considered in this 
rule (actions 2-4) would not be expected to result in any negative 
economic effects on any directly affected small entities, the issue of 
significant alternatives to reduce any significant negative effects is 
not relevant.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA), which have been approved 
by the Office of

[[Page 42431]]

Management and Budget (OMB) under 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 would result in 
increased communication costs for vessels that choose to transit 
through the Oculina Bank HAPC with rock shrimp onboard. Currently, all 
vessels actively participating in the rock shrimp fishery have a VMS 
unit and NMFS has determined that all of those VMS units have the 
capability to ping at the higher rate. NMFS estimates the increased VMS 
communications costs for vessels in the rock shrimp fishery that choose 
to transit through the Oculina Bank HAPC with rock shrimp onboard would 
be a maximum known cost of $0.06 per ping; however, the total increased 
communications charges per vessel per year cannot be determined because 
these costs will depend on how often the vessel transits through the 
Oculina Bank HAPC. The increased communication costs will be offset by 
reduced travel costs associated with travel around the HAPC to get to 
and from the fishing grounds. Allowing transit should increase the 
amount of time on a trip available for fishing and save on fuel and 
other vessel maintenance costs. Therefore, there is zero net change in 
burden costs for this data collection.
    These estimates of the public reporting burden include the time for 
reviewing instructions, gathering and maintaining the data needed, and 
completing and reviewing the collection-of-information.
    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 PRA, unless that collection-of-information displays a currently 
valid OMB control number.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all South Atlantic snapper-grouper and 
South Atlantic rock shrimp vessel permit holders.

List of Subjects in 50 CFR Part 622

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

    Dated: July 14, 2015.
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 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--(1) HAPC. The Oculina Bank 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]34'51.66''   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''--Point corresponding with intersection
                                                              with the 100-fathom (183-m) contour, as shown on
                                                              the latest edition of NOAA chart 11460
----------------------------------------------------------------------------------------------------------------
 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''-- Point 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''

[[Page 42432]]

 
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]43'29.82''   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 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 Lithoherms, and 
Miami Terrace (Stetson-Miami Terrace) is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  at outer          79[deg]00'00''
                                       boundary of 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''
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''

[[Page 42433]]

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

    (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''
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17617 Filed 7-16-15; 8:45 am]
BILLING CODE 3510-22-P