Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15, 74711-74712 [2015-30214]

Download as PDF Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations golden tilefish would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). DEPARTMENT OF COMMERCE Classification 50 CFR Part 622 The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic golden tilefish and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(a)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the commercial hook-and-line component for golden tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because the capacity of the fishing fleet allows for rapid harvest of the commercial ACL for the hook-and-line component, and there is a need to immediately implement this action to protect golden tilefish. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL for the hook-and-line component. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). [Docket No. 150302204–5999–02] jstallworth on DSK7TPTVN1PROD with RULES Authority: 16 U.S.C. 1801 et seq. Dated: November 24, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–30318 Filed 11–27–15; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 15:17 Nov 27, 2015 Jkt 238001 National Oceanic and Atmospheric Administration 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: Final rule. AGENCY: NMFS issues 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 final rule revises the FMP framework procedures to streamline the process for changing certain regulations affecting the shrimp fishery. Additionally, Amendment 15 implements changes to the FMP that revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp. The purpose of this rule and Amendment 15 is 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: This rule is effective December 30, 2015. ADDRESSES: 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 http://sero.nmfs.noaa.gov/ sustainable_fisheries/gulf_fisheries/ shrimp/2015/Am%2015/index.html. 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 MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). SUMMARY: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 74711 On August 12, 2015, NMFS published a notice of availability for Amendment 15 and requested public comment (80 FR 48285). On August 25, NMFS published a proposed rule for Amendment 15 and requested public comment (80 FR 51523). The proposed rule and Amendment 15 outline the rationale for the actions contained in this final rule. A summary of the actions implemented by Amendment 15 and this final rule is provided below. Management Measure Contained in This Final Rule This final rule revises the FMP framework procedures at 50 CFR 622.60(a) and (b) to allow for modification of accountability measures under the standard documentation process of the open framework procedure. Also, this final rule removes outdated terminology from the regulations, such as ‘‘total allowable catch,’’ and removes 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 Annual Catch Limits and Accountability Measures Amendment (76 FR 82044, December 29, 2011). The transfer at sea text was never intended by the Council to be included in the list of framework procedures when they were revised in 2011, but were included as a result of an error by NMFS during that rulemaking. 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 codified. Amendment 15 revises the MSY, the overfishing threshold, and the overfished threshold definitions and values for penaeid shrimp stocks (brown, white, and pink shrimp). The criteria and values for MSY, the overfishing threshold, and the 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 that 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. E:\FR\FM\30NOR1.SGM 30NOR1 74712 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations Amendment 15 modifies stock status determination criteria to match the biomass-based output of the stock synthesis model. These revisions to the penaeid shrimp stock status criteria are expected to cause little to no change to the biological, physical, or ecological environments because these changes are only to the stock status reference points and therefore will not have a direct impact on the actual harvest of penaeid shrimp. 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. No substantive comments were received on either Amendment 15 or the proposed rule. One comment was received from a Federal agency that stated that it had no comment on the proposed rule or on Amendment 15. Classification The Regional Administrator, Southeast Region, NMFS has determined that this final rule is consistent with Amendment 15, 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. The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. No comments were received regarding the certification and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis is not required and none was prepared. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Gulf of Mexico, Shrimp. 50 CFR Part 648 [Docket No. 150311250–5474–01] RIN 0648–BE97 § 622.60 Adjustment of management measures. Fisheries of the Northeastern United States; Blueline Tilefish Fishery; Secretarial Emergency Action AGENCY: 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), 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). BILLING CODE 3510–22–P For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: 15:17 Nov 27, 2015 National Oceanic and Atmospheric Administration ■ [FR Doc. 2015–30214 Filed 11–27–15; 8:45 am] Dated: November 23, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. VerDate Sep<11>2014 DEPARTMENT OF COMMERCE * Comments and Responses jstallworth on DSK7TPTVN1PROD with RULES PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action extended. This rule extends emergency permitting and possession limit regulations for the blueline tilefish fishery in waters north of the Virginia/ North Carolina border that were implemented on June 4, 2015. This extension is necessary to continue to constrain fishing effort on the blueline tilefish stock while a long-term management plan is developed. The rule is expected to reduce fishing mortality and help ensure the long-term sustainability of the stock. DATES: The expiration date of the emergency rule published on June 4, 2016 (80 FR 31864) is extended through June 3, 2016. ADDRESSES: Copies the Environmental Assessment and Regulatory Impact Review (EA/RIR) and other supporting documents for this emergency action are available from John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA, 01930. The EA/RIR is also accessible via the Internet at: http:// www.greateratlantic.fisheries.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst, (978) 281–9273. SUPPLEMENTARY INFORMATION: SUMMARY: Background This temporary final rule extends emergency permitting and possession limit regulations for the blueline tilefish (Caulolatilus microps) fishery in the Greater Atlantic Region (i.e., Federal waters north of the latitude of the Virginia/North Carolina border) as described in the original emergency action that published on June 4, 2015 (80 FR 31864). The initial temporary rule was implemented in response to a request for emergency action from the Mid-Atlantic Fishery Management Council. That temporary final rule E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74711-74712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30214]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150302204-5999-02]
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: Final rule.

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SUMMARY: NMFS issues 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 final rule revises the FMP framework 
procedures to streamline the process for changing certain regulations 
affecting the shrimp fishery. Additionally, Amendment 15 implements 
changes to the FMP that revise the maximum sustainable yield (MSY), 
overfishing threshold, and overfished threshold definitions and values 
for three species of penaeid shrimp. The purpose of this rule and 
Amendment 15 is 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: This rule is effective December 30, 2015.

ADDRESSES: 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 http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2015/Am%2015/index.html.

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).
    On August 12, 2015, NMFS published a notice of availability for 
Amendment 15 and requested public comment (80 FR 48285). On August 25, 
NMFS published a proposed rule for Amendment 15 and requested public 
comment (80 FR 51523). The proposed rule and Amendment 15 outline the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by Amendment 15 and this final rule is provided 
below.

Management Measure Contained in This Final Rule

    This final rule revises the FMP framework procedures at 50 CFR 
622.60(a) and (b) to allow for modification of accountability measures 
under the standard documentation process of the open framework 
procedure. Also, this final rule removes outdated terminology from the 
regulations, such as ``total allowable catch,'' and removes 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 Annual Catch Limits and Accountability Measures Amendment 
(76 FR 82044, December 29, 2011). The transfer at sea text was never 
intended by the Council to be included in the list of framework 
procedures when they were revised in 2011, but were included as a 
result of an error by NMFS during that rulemaking.

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 codified. Amendment 15 revises the MSY, 
the overfishing threshold, and the overfished threshold definitions and 
values for penaeid shrimp stocks (brown, white, and pink shrimp).
    The criteria and values for MSY, the overfishing threshold, and the 
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 that 
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.

[[Page 74712]]

Amendment 15 modifies stock status determination criteria to match the 
biomass-based output of the stock synthesis model. These revisions to 
the penaeid shrimp stock status criteria are expected to cause little 
to no change to the biological, physical, or ecological environments 
because these changes are only to the stock status reference points and 
therefore will not have a direct impact on the actual harvest of 
penaeid shrimp.

Comments and Responses

    No substantive comments were received on either Amendment 15 or the 
proposed rule. One comment was received from a Federal agency that 
stated that it had no comment on the proposed rule or on Amendment 15.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 15, 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.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Shrimp.

    Dated: November 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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.  622.60, 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. 2015-30214 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-22-P