Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15, 51523-51525 [2015-20954]
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Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244). This position was upheld by the
U.S. Court of Appeals for the Ninth
Circuit (Douglas County v. Babbitt, 48
F.3d 1495 (9th Cir. 1995), cert. denied
516 U.S. 1042 (1996)).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
Order 13175 (Consultation and
Coordination With Indian Tribal
Governments), and the Department of
the Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with tribes in developing programs for
healthy ecosystems, to acknowledge that
tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to tribes.
There are no tribal lands designated
as critical habitat for the marbled
murrelet.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(1) Be logically organized;
(2) Use the active voice to address
readers directly;
(3) Use clear language rather than
jargon;
(4) Be divided into short sections and
sentences; and
(5) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
VerDate Sep<11>2014
16:31 Aug 24, 2015
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References Cited
A complete list of all references cited
in this rule is available on the Internet
at https://www.regulations.gov. In
addition, a complete list of all
references cited herein, as well as
others, is available upon request from
the Washington Fish and Wildlife Office
(see ADDRESSES).
Authors
The primary authors of this document
are the staff members of the Washington
Fish and Wildlife Office, U.S. Fish and
Wildlife Service (see ADDRESSES).
Authority
The authority for this action is the
Endangered Species Act of 1977, as
amended (16 U.S.C. 1531 et seq.).
Dated: July 29, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–20837 Filed 8–24–15; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150302204–5204–01]
RIN 0648–BE93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Amendment 15
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 15 to the
Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico
(FMP), as prepared and submitted by
the Gulf of Mexico (Gulf) Fishery
Management Council (Council). This
rule would revise the FMP framework
procedures to streamline the process for
changing certain regulations affecting
the shrimp fishery. Additionally, this
rule proposes changes to the FMP that
would revise the maximum sustainable
yield (MSY), overfishing threshold, and
overfished threshold definitions and
values for three species of penaeid
shrimp. The intent of this proposed rule
and Amendment 15 are to streamline
SUMMARY:
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51523
the management process for Gulf shrimp
stocks and to revise criteria for
determining the overfished and
overfishing status of each penaeid
shrimp stock using the best available
science.
Written comments must be
received on or before September 24,
2015.
DATES:
You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2015–0097’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150097, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Susan Gerhart, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of Amendment 15,
which includes an environmental
assessment, a Regulatory Flexibility Act
analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/shrimp/2015/
Am%2015/.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
5305, or email: Susan.Gerhart@
noaa.gov.
The
shrimp fishery in the Gulf is managed
under the FMP. The FMP was prepared
by the Council and implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
SUPPLEMENTARY INFORMATION:
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51524
Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules
Management Measure Contained in
This Proposed Rule
This proposed rule would revise the
FMP framework procedures at
§ 622.60(a) and (b) to allow for
modification of accountability measures
under the standard documentation
process of the open framework
procedure. Framework procedures for a
FMP allow for changes in specific
management measures and parameters
that can be made more efficiently than
changes made through a FMP plan
amendment. This framework procedure
was first implemented in the Generic
Annual Catch Limit (ACL) Amendment
(76 FR 82044, December 29, 2011). Also,
this proposed rule would remove
outdated terminology from the
regulations, such as ‘‘total allowable
catch,’’ and remove the phrase ‘‘transfer
at sea provisions’’ from the list of
framework procedures because this
phrase was inadvertently included in
the final rule for the Generic ACL
Amendment (76 FR 82044, December
29, 2011).
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Additional Measures Contained in
Amendment 15
Amendment 15 also contains actions
that are not being codified in the
regulations, but guide the Council and
NMFS in establishing other
management measures, which are
codifed. Amendment 15 would revise
the MSY, overfishing threshold, and the
overfished threshold definitions and
values for penaeid shrimp stocks
(brown, white, and pink shrimp). MSY
is the largest average catch that can
continuously be taken from a stock
under existing environmental
conditions. Overfishing occurs
whenever the rate of removal is too high
and jeopardizes the capacity of a stock
or stock complex to produce the MSY
on a continuing basis. A stock or stock
complex is considered overfished when
its biomass has declined below the
capacity of the stock or stock complex
to produce MSY on a continuing basis.
The criteria and values for MSY,
overfishing threshold, and overfished
threshold for penaeid shrimp were
established in Amendment 13 to the
FMP (71 FR 56039, September 26,
2006). Historically, Gulf penaeid shrimp
stocks were assessed with a virtual
population analysis (VPA), which
reported output in terms of number of
parents. However, the 2007 pink shrimp
stock assessment VPA incorrectly
determined pink shrimp were
undergoing overfishing because the
model could not accommodate low
effort. In 2009, NMFS stock assessment
analysts determined that the stock
VerDate Sep<11>2014
16:31 Aug 24, 2015
Jkt 235001
synthesis model was the best choice for
modeling Gulf shrimp populations.
Amendment 15 would modify these
stock status determination criteria to
match the biomass-based output of the
stock synthesis model, which was
deemed a better assessment model for
shrimp by NMFS biologists and the
Council’s Scientific and Statistical
Committee. These revisions to the
penaeid shrimp stock status criteria are
expected to have little to no change in
the biological, physical, or ecological
environments because these changes are
only to the stock status reference points
and will not have a direct impact on the
actual harvest of penaeid shrimp.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Amendment 15, the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this determination
is as follows:
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the preamble and in the
SUMMARY section of the preamble. The
Magnuson-Stevens Act provides the
basis for this proposed rule.
This proposed rule is expected to
directly affect commercial fishermen
holding valid or renewable Federal Gulf
shrimp permits. The SBA established
size criteria for all major industry
sectors in the U.S. including fish
harvesters and for-hire operations. A
business involved in shellfish
harvesting is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and its combined annual
receipts are not in excess of $5.5 million
(NAICS code 114112, shellfish fishing)
for all of its affiliated operations
worldwide.
The Federal shrimp permit for the
commercial harvest of penaeid shrimp
in the Gulf exclusive economic zone has
been under a moratorium since 2007 (71
FR 56039, September 26, 2006). At the
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Fmt 4702
Sfmt 4702
start of the moratorium, 1,933 vessels
qualified for and received the Federal
shrimp permit. Over time, the number
of permitted shrimp vessels has
declined, and in 2013 there were 1,546
such permitted vessels.
From 2006 through 2012, an average
of 4,757 vessels fished for shrimp in the
Gulf, of which 27 percent were federally
permitted vessels and the rest, nonfederally permitted vessels that fished
only in state waters. Despite the fewer
number of vessels, federally permitted
vessels accounted for an average of 67
percent of total shrimp landings and 77
percent of total ex-vessel revenues. A
federally permitted vessel in the Gulf
shrimp fishery, on average, generated
revenues from commercial fishing of
approximately $254,000 (2012 dollars)
annually.
Based on the revenue figures above,
all vessels expected to be directly
affected by this proposed rule are
determined for the purpose of this
analysis to be small business entities.
The modifications to the MSY,
overfishing threshold, and overfished
threshold definitions and values for
penaeid shrimp in Amendment 15
would make these parameters consistent
with the model currently used in the
stock assessment for penaeid shrimp
species. Because modifications of these
parameters would not affect the harvest
of shrimp or restrict the operations of
shrimp vessels, no direct economic
effects would ensue from this action
within the amendment.
The proposed regulatory change to
allow for modification of accountability
measures under the standard
documentation process of the open
framework procedure would streamline
the process for changing certain
regulations affecting the shrimp fishery.
This action would improve the
administrative environment of
developing regulations for the shrimp
fishery, but would have no direct
economic effects on the operations of
affected shrimp vessels. This rule would
also remove outdated terminology from
the regulations, such as ‘‘total allowable
catch,’’ and remove the phrase ‘‘transfer
at sea provisions’’ from the list of
framework procedures to correct an
inadvertent error. Both these change
would have no direct economic effects
on the operations of affected shrimp
vessels. Therefore, it is expected that the
measures contained in this proposed
rule would have no effects on the profits
of any affected shrimp vessels.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
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Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Proposed Rules
by this proposed rule. Accordingly, this
rule does not implicate the Paperwork
Reduction Act.
The information provided above
supports a determination that this rule,
if implemented, would not have a
significant economic impact on a
substantial number of small entities.
Because of this determination, an initial
regulatory flexibility analysis is not
required and none has been prepared.
MSY (or proxy), OY, management
parameters such as overfished and
overfishing definitions, gear restrictions
(ranging from regulation to complete
prohibition), gear markings and
identification, vessel markings and
identification, ABC and ABC control
rules, rebuilding plans, and restrictions
relative to conditions of harvested
shrimp (maintaining shrimp in whole
condition, use as bait).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Shrimp.
[FR Doc. 2015–20954 Filed 8–24–15; 8:45 am]
Dated: August 19, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
50 CFR Part 660
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial, Recreational, and Treaty
Indian Salmon Fisheries; Inseason
Actions #16 Through #21
BILLING CODE 3510–22–P
§ 622.60 Adjustment of management
measures.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
RIN 0648–XE111
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons;
request for comments.
2. In § 622.60, revise paragraphs (a)
and (b) to read as follows:
*
*
*
*
(a) Gulf penaeid shrimp. For a species
or species group: Reporting and
monitoring requirements, permitting
requirements, size limits, vessel trip
limits, closed seasons or areas and
reopenings, quotas (including a quota of
zero), MSY (or proxy), OY, management
parameters such as overfished and
overfishing definitions, gear restrictions
(ranging from regulation to complete
prohibition), gear markings and
identification, vessel markings and
identification, allowable biological
catch (ABC) and ABC control rules,
rebuilding plans, restrictions relative to
conditions of harvested shrimp
(maintaining shrimp in whole
condition, use as bait), target effort and
fishing mortality reduction levels,
bycatch reduction criteria, BRD
certification and decertification criteria,
BRD testing protocol and certified BRD
specifications.
(b) Gulf royal red shrimp. Reporting
and monitoring requirements,
permitting requirements, size limits,
vessel trip limits, closed seasons or
areas and reopenings, annual catch
limits (ACLs), annual catch targets
(ACTs), quotas (including a quota of
zero), accountability measures (AMs),
Jkt 235001
[Docket No. 150316270–5270–01]
AGENCY:
Authority: 16 U.S.C. 1801 et seq.
■
16:31 Aug 24, 2015
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
National Oceanic and Atmospheric
Administration
1. The authority citation for part 622
continues to read as follows:
VerDate Sep<11>2014
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
■
*
51525
NMFS announces six
inseason actions in the ocean salmon
fisheries. These inseason actions
modified the commercial, recreational,
and treaty Indian salmon fisheries in the
area from the U.S./Canada border to the
U.S./Mexico border.
DATES: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions. Comments will be accepted
through September 9, 2015.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2015–0001,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150001, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: William W. Stelle, Jr.,
Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–6349.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
SUMMARY:
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Background
In the 2015 annual management
measures for ocean salmon fisheries (80
FR 25611, May 5, 2015), NMFS
announced the commercial and
recreational fisheries in the area from
the U.S./Canada border to the U.S./
Mexico border, beginning May 1, 2015,
and 2016 salmon fisheries opening
earlier than May 1, 2016. NMFS is
authorized to implement inseason
management actions to modify fishing
seasons and quotas as necessary to
provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Pacific Fishery
Management Council (Council) and the
appropriate State Directors (50 CFR
660.409(b)—Flexible inseason
management provisions). The state
management agencies that participated
in the consultations described in this
document were: California Department
of Fish and Wildlife (CDFW), Oregon
Department of Fish and Wildlife
(ODFW) and Washington Department of
Fish and Wildlife (WDFW).
Management of the salmon fisheries is
generally divided into two geographic
areas: North of Cape Falcon (U.S./
Canada border to Cape Falcon, OR) and
south of Cape Falcon (Cape Falcon, OR,
to the U.S./Mexico border). The
inseason actions reported in this
document affect fisheries north and
south of Cape Falcon. Within the south
of Cape Falcon area, the Klamath
Management Zone (KMZ) extends from
Humbug Mountain, OR, to Humboldt
South Jetty, CA, and is divided at the
Oregon/California border into the
Oregon KMZ to the north and California
KMZ to the south. All times mentioned
refer to Pacific daylight time.
E:\FR\FM\25AUP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51523-51525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20954]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150302204-5204-01]
RIN 0648-BE93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 15
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 15 to the
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico
(FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery
Management Council (Council). This rule would revise the FMP framework
procedures to streamline the process for changing certain regulations
affecting the shrimp fishery. Additionally, this rule proposes changes
to the FMP that would revise the maximum sustainable yield (MSY),
overfishing threshold, and overfished threshold definitions and values
for three species of penaeid shrimp. The intent of this proposed rule
and Amendment 15 are to streamline the management process for Gulf
shrimp stocks and to revise criteria for determining the overfished and
overfishing status of each penaeid shrimp stock using the best
available science.
DATES: Written comments must be received on or before September 24,
2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2015-0097'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0097, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Susan Gerhart, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 15, which includes an environmental
assessment, a Regulatory Flexibility Act analysis, and a regulatory
impact review, may be obtained from the Southeast Regional Office Web
site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2015/Am%2015/.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The shrimp fishery in the Gulf is managed
under the FMP. The FMP was prepared by the Council and implemented
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
[[Page 51524]]
Management Measure Contained in This Proposed Rule
This proposed rule would revise the FMP framework procedures at
Sec. 622.60(a) and (b) to allow for modification of accountability
measures under the standard documentation process of the open framework
procedure. Framework procedures for a FMP allow for changes in specific
management measures and parameters that can be made more efficiently
than changes made through a FMP plan amendment. This framework
procedure was first implemented in the Generic Annual Catch Limit (ACL)
Amendment (76 FR 82044, December 29, 2011). Also, this proposed rule
would remove outdated terminology from the regulations, such as ``total
allowable catch,'' and remove the phrase ``transfer at sea provisions''
from the list of framework procedures because this phrase was
inadvertently included in the final rule for the Generic ACL Amendment
(76 FR 82044, December 29, 2011).
Additional Measures Contained in Amendment 15
Amendment 15 also contains actions that are not being codified in
the regulations, but guide the Council and NMFS in establishing other
management measures, which are codifed. Amendment 15 would revise the
MSY, overfishing threshold, and the overfished threshold definitions
and values for penaeid shrimp stocks (brown, white, and pink shrimp).
MSY is the largest average catch that can continuously be taken from a
stock under existing environmental conditions. Overfishing occurs
whenever the rate of removal is too high and jeopardizes the capacity
of a stock or stock complex to produce the MSY on a continuing basis. A
stock or stock complex is considered overfished when its biomass has
declined below the capacity of the stock or stock complex to produce
MSY on a continuing basis.
The criteria and values for MSY, overfishing threshold, and
overfished threshold for penaeid shrimp were established in Amendment
13 to the FMP (71 FR 56039, September 26, 2006). Historically, Gulf
penaeid shrimp stocks were assessed with a virtual population analysis
(VPA), which reported output in terms of number of parents. However,
the 2007 pink shrimp stock assessment VPA incorrectly determined pink
shrimp were undergoing overfishing because the model could not
accommodate low effort. In 2009, NMFS stock assessment analysts
determined that the stock synthesis model was the best choice for
modeling Gulf shrimp populations. Amendment 15 would modify these stock
status determination criteria to match the biomass-based output of the
stock synthesis model, which was deemed a better assessment model for
shrimp by NMFS biologists and the Council's Scientific and Statistical
Committee. These revisions to the penaeid shrimp stock status criteria
are expected to have little to no change in the biological, physical,
or ecological environments because these changes are only to the stock
status reference points and will not have a direct impact on the actual
harvest of penaeid shrimp.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 15, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble
and in the SUMMARY section of the preamble. The Magnuson-Stevens Act
provides the basis for this proposed rule.
This proposed rule is expected to directly affect commercial
fishermen holding valid or renewable Federal Gulf shrimp permits. The
SBA established size criteria for all major industry sectors in the
U.S. including fish harvesters and for-hire operations. A business
involved in shellfish harvesting is classified as a small business if
it is independently owned and operated, is not dominant in its field of
operation (including its affiliates), and its combined annual receipts
are not in excess of $5.5 million (NAICS code 114112, shellfish
fishing) for all of its affiliated operations worldwide.
The Federal shrimp permit for the commercial harvest of penaeid
shrimp in the Gulf exclusive economic zone has been under a moratorium
since 2007 (71 FR 56039, September 26, 2006). At the start of the
moratorium, 1,933 vessels qualified for and received the Federal shrimp
permit. Over time, the number of permitted shrimp vessels has declined,
and in 2013 there were 1,546 such permitted vessels.
From 2006 through 2012, an average of 4,757 vessels fished for
shrimp in the Gulf, of which 27 percent were federally permitted
vessels and the rest, non-federally permitted vessels that fished only
in state waters. Despite the fewer number of vessels, federally
permitted vessels accounted for an average of 67 percent of total
shrimp landings and 77 percent of total ex-vessel revenues. A federally
permitted vessel in the Gulf shrimp fishery, on average, generated
revenues from commercial fishing of approximately $254,000 (2012
dollars) annually.
Based on the revenue figures above, all vessels expected to be
directly affected by this proposed rule are determined for the purpose
of this analysis to be small business entities.
The modifications to the MSY, overfishing threshold, and overfished
threshold definitions and values for penaeid shrimp in Amendment 15
would make these parameters consistent with the model currently used in
the stock assessment for penaeid shrimp species. Because modifications
of these parameters would not affect the harvest of shrimp or restrict
the operations of shrimp vessels, no direct economic effects would
ensue from this action within the amendment.
The proposed regulatory change to allow for modification of
accountability measures under the standard documentation process of the
open framework procedure would streamline the process for changing
certain regulations affecting the shrimp fishery. This action would
improve the administrative environment of developing regulations for
the shrimp fishery, but would have no direct economic effects on the
operations of affected shrimp vessels. This rule would also remove
outdated terminology from the regulations, such as ``total allowable
catch,'' and remove the phrase ``transfer at sea provisions'' from the
list of framework procedures to correct an inadvertent error. Both
these change would have no direct economic effects on the operations of
affected shrimp vessels. Therefore, it is expected that the measures
contained in this proposed rule would have no effects on the profits of
any affected shrimp vessels.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced
[[Page 51525]]
by this proposed rule. Accordingly, this rule does not implicate the
Paperwork Reduction Act.
The information provided above supports a determination that this
rule, if implemented, would not have a significant economic impact on a
substantial number of small entities. Because of this determination, an
initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Shrimp.
Dated: August 19, 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
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.60, revise paragraphs (a) and (b) to read as follows:
Sec. 622.60 Adjustment of management measures.
* * * * *
(a) Gulf penaeid shrimp. For a species or species group: Reporting
and monitoring requirements, permitting requirements, size limits,
vessel trip limits, closed seasons or areas and reopenings, quotas
(including a quota of zero), MSY (or proxy), OY, management parameters
such as overfished and overfishing definitions, gear restrictions
(ranging from regulation to complete prohibition), gear markings and
identification, vessel markings and identification, allowable
biological catch (ABC) and ABC control rules, rebuilding plans,
restrictions relative to conditions of harvested shrimp (maintaining
shrimp in whole condition, use as bait), target effort and fishing
mortality reduction levels, bycatch reduction criteria, BRD
certification and decertification criteria, BRD testing protocol and
certified BRD specifications.
(b) Gulf royal red shrimp. Reporting and monitoring requirements,
permitting requirements, size limits, vessel trip limits, closed
seasons or areas and reopenings, annual catch limits (ACLs), annual
catch targets (ACTs), quotas (including a quota of zero),
accountability measures (AMs), MSY (or proxy), OY, management
parameters such as overfished and overfishing definitions, gear
restrictions (ranging from regulation to complete prohibition), gear
markings and identification, vessel markings and identification, ABC
and ABC control rules, rebuilding plans, and restrictions relative to
conditions of harvested shrimp (maintaining shrimp in whole condition,
use as bait).
[FR Doc. 2015-20954 Filed 8-24-15; 8:45 am]
BILLING CODE 3510-22-P
