Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Atlantic Highly Migratory Species; Coral and Coral Reefs of the Gulf of Mexico; Amendment 9, 50814-50816 [2019-20549]
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50814
Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules
List of Subjects in 48 CFR Parts 210,
212, 215 and 234
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 210, 212, 215,
and 234 are proposed to be amended as
follows:
■ 1. The authority citation for 48 CFR
parts 210, 212, and 234 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 210—MARKET RESEARCH
2. Amend section 210.001 by adding
paragraph (a)(iii) to read as follows:
■
210.001
Policy.
(a) * * *
(iii) Use market research, where
appropriate, to inform price
reasonableness determinations (see
212.209 and 234.7002).
3. Amend section 212.209 by—
a. Revising paragraph (a); and
b. In paragraph (b), removing ‘‘market
research pursuant to paragraph (a) of
this section,’’ and adding ‘‘market
research’’ in its place.
The revision reads as follows:
212.209 Determination of price
reasonableness.
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(a) In accordance with 10 U.S.C.
2377(d), agencies shall conduct or
obtain market research to support the
determination of the reasonableness of
price for commercial items contained in
any bid or offer submitted in response
to an agency solicitation. To the extent
necessary to support such market
research, the contracting officer for the
solicitation—
(1) In the case of major weapon
systems items acquired under 10 U.S.C.
2379, shall use information submitted
under 234.7002(d); and
(2) In the case of other items, may
require the offeror to submit other
relevant information as described in this
section.
*
*
*
*
*
PART 215—CONTRACTING BY
NEGOTIATION
4. Amend section 215.403–3 by
adding paragraph (c) to read as follows:
*
*
*
VerDate Sep<11>2014
*
*
18:32 Sep 25, 2019
Jkt 247001
PART 234—MAJOR SYSTEMS
ACQUISITION
SUMMARY:
5. Revise section 234.7001 to read as
follows:
■
234.7001
Definitions.
As used in this subpart—
Major weapon system means a
weapon system acquired pursuant to a
major defense acquisition program.
Value analysis means a systematic
and objective evaluation of the function
of a product and its related costs, whose
purpose is to ensure optimum value.
■ 6. Amend section 234.7002 by—
■ a. Revising the paragraph (d)
introductory text; and
■ b. Adding a new paragraph (d)(5).
The revision and addition read as
follows:
Policy.
*
■
■
■
215.403–3 Requiring data other than
certified cost or pricing data.
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of availability
(NOA); request for comments.
234.7002
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
■
(c) Commercial items. For
determination of price reasonableness of
major weapon systems acquired as
commercial items, see 234.7002(d).
*
*
*
*
(d) Relevant information. This section
implements 10 U.S.C. 2379. See also
DFARS 212.209(a).
*
*
*
*
*
(5) An offeror may submit information
or analysis relating to the value of a
commercial item to aid in the
determination of the reasonableness of
the price of such item. Value analysis is
used to understand what features or
characteristics of a given product or
service, or offered terms and conditions
warrant consideration as having
legitimate value to the Government. A
contracting officer may consider such
information or analysis in addition to
the information submitted pursuant to
paragraphs (d)(1) and (d)(2) of this
section. For additional guidance on use
of value analysis see PGI 234.7002(d)(5).
[FR Doc. 2019–20558 Filed 9–25–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622 and 635
RIN 0648–BI61
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Atlantic
Highly Migratory Species; Coral and
Coral Reefs of the Gulf of Mexico;
Amendment 9
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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The Gulf of Mexico Fishery
Management Council (Council) has
submitted Amendment 9 to the Fishery
Management Plan (FMP) for the Coral
and Coral Reefs of the Gulf of Mexico
(Amendment 9) to the FMP for review,
approval, and implementation by
NMFS. Amendment 9, if approved by
the Secretary of Commerce, and an
associated framework action to the FMP
would establish new habitat areas of
particular concern (HAPCs), some of
which include a prohibition of the
deployment of bottom-tending gear, and
modify current fishing regulations in the
Gulf of Mexico (Gulf). The purpose of
Amendment 9 and the framework action
is to protect coral essential fish habitat
in the Gulf.
DATES: Written comments on
Amendment 9 must be received by
November 25, 2019.
ADDRESSES: You may submit comments
on Amendment 9 identified by ‘‘NOAA–
NMFS–2017–0146’’ by either 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-20170146, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Lauren Waters, NMFS Southeast
Regional Office, 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 9
and the framework action may be
obtained from www.regulations.gov or
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-9-coral-habitat-areasconsidered-management-gulf-mexico.
Amendment 9 includes an
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules
environmental impact statement, fishery
impact statement, regulatory impact
review, and a Regulatory Flexibility Act
(RFA) analysis.
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, NMFS Southeast
Regional Office, telephone: 727–824–
5305; email: lauren.waters@noaa.gov.
Karyl Brewster-Geisz, NMFS Highly
Migratory Species Division, telephone:
301–427–8503; email: karyl.brewstergeisz@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or FMP amendment to
NMFS for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The Council prepared the FMP being
revised by Amendment 9, and if
approved, Amendment 9 would be
implemented by NMFS through
regulations at 50 CFR parts 622 and 635
under the authority of the MagnusonStevens Act.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Background
The Magnuson-Stevens Act requires
that each fishery management plan
identify and describe essential fish
habitat (EFH) and minimize, to the
extent practicable, adverse effects on
these habitats caused by fishing. The
FMP describes coral EFH as those areas
where managed corals exist. HAPCs are
a subset of EFH that meet specified
criteria identified at 50 CFR
600.818(a)(8). An area in which corals
exist in sufficient numbers or diversity
could be designated as an HAPC if it is
significantly ecologically important,
habitat that is sensitive to humaninduced degradation, located in an
environmentally stressed area, or
considered rare in abundance. Corals
and coral habitat are especially sensitive
to human-induced degradation by
fishing and non-fishing activities
because of their unique life history. An
HAPC designation by NMFS does not
confer any additional specific
protections to such designated areas, but
can be used to focus management
attention on those areas when
considering measures to minimize
adverse impacts from fishing.
In December 2014, the Council
convened a Coral Working Group to
discuss which areas in the Gulf may
warrant specific protection for corals.
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17:55 Sep 25, 2019
Jkt 247001
The group identified numerous areas
and existing HAPCs that may be in need
of new or revised protection. In May
2015, the Council’s Special Coral
Scientific and Statistical Committee
(SSC) and Coral Advisory Panel (AP)
reviewed these areas along with
members of the shrimp fishing
community and recommended that the
boundaries of some of the areas be
refined based on available fishing
information. In August 2016, the
Council’s Coral SSC, Coral AP, Shrimp
AP, as well as Council invitees, which
included royal red shrimp fishermen
and bottom longline fishermen,
provided input to the Council. These
groups recommended that 15 areas be
designated as HAPCs in which fishing
with bottom-tending gear be prohibited
and 8 areas be designated without any
prohibitions on. Based on this input, the
Council began developing Amendment
9.
In April 2018, based on a
recommendation by the Council’s SSC,
the Council modified the alternatives in
Amendment 9 to combine three
previously proposed HAPCs in the
southeastern Gulf that were separate but
geographically close to one another into
a single slightly smaller proposed
HAPC. As a result, Amendment 9
recommends 13 new HAPCs that
prohibit fishing with bottom-tending
gear.
During subsequent discussions
associated with Amendment 9, the
Council decided to refine the fishing
prohibition in the proposed and existing
HAPCs. The Council determined that
the broad definition of ‘‘fishing’’ in the
Magnuson-Stevens Act might
unnecessarily restrict activities that
would have no impact on these HAPCs.
Therefore, in August 2018, the Council
approved a framework action that
would modify the specific prohibitions
on ‘‘fishing with bottom-tending gear’’
to ‘‘deployment of bottom-tending gear’’
for existing HAPCs listed in 50 CFR
622.74, except the Tortugas marine
reserves HAPC, and those recommended
in Amendment 9. Further, the Council
recommended that ‘‘deploy’’ in this
context be defined to mean that fishing
gear is in contact with the water. In
November 2018, the Council also
requested that NMFS develop
complimentary gear deployment
prohibitions for Atlantic highly
migratory species (HMS) fisheries in the
Gulf (see 50 CFR part 635).
To provide a complete description of
the proposed changes associated with
Amendment 9, the discussion below
includes the management actions in
Amendment 9, as modified by the
framework action. For ease of
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50815
discussion, ‘‘Amendment 9’’ is used to
refer to the combined actions.
Actions Contained in Amendment 9
Amendment 9 would establish 13
new HAPCs in the Gulf in which the
deployment of certain bottom-tending
gear would be prohibited, and establish
8 new HAPCs without fishing
regulations. Amendment 9 would also
prohibit the deployment of dredge
fishing gear in existing Gulf HAPCs that
are managed with fishing. NMFS and
the Council are proposing these areas
and fishing regulations to protect coral
EFH in the Gulf.
HAPCs With Fishing Regulations
Amendment 9 would establish 13
HAPCs in which the deployment of
specified bottom-tending gear would be
prohibited. For purpose of the
prohibition, fishing gear is ‘‘deployed’’
if any part of the gear is in contact with
the water. The 13 proposed HAPCs are
called West Florida Wall, Alabama Alps
Reef, L & W Pinnacles and Scamp Reef
(combined), Mississippi Canyon 118,
Roughtongue Reef, Viosca Knoll 826,
Viosca Knoll 862/906, AT 047, AT 357,
Green Canyon 852, Southern Bank,
Harte Bank, and within the existing
Pulley Ridge boundary, and Pulley
Ridge South Portion A. Pulley Ridge
South Portion A is within the current
Pulley Ridge South HAPC.
For these areas, excluding Pulley
Ridge South Portion A, prohibitions on
the following activities would apply
year-round: deployment of bottom
longline, bottom trawl, buoy gear as
defined in 50 CFR 622.2, dredge, pot, or
trap, and bottom anchoring by fishing
vessels. The buoy gear defined in 50
CFR 622.2 is not the same as HMS buoy
gear defined in 50 CFR 635.2. HMS
buoy gear is not a bottom-tending gear.
Within the proposed Viosca Knoll
862/906 area, the proposed gear
deployment prohibitions would not
apply to a fishing vessel issued a Gulf
royal red shrimp endorsement, as
specified in 50 CFR 622.50(c) while
fishing for royal red shrimp. The areas
around this proposed HAPC are used to
fish for royal red shrimp. Fishing for
royal red shrimp occurs in deep waters
and requires a few miles of continuous
forward movement to lift the nets up in
the water column to the vessel.
Therefore, requiring that these nets be
out of the water would effectively
prevent the use of an area much larger
than the proposed HAPC. The
exemption would allow royal red
shrimp fishermen to continue the
historic practice of lifting the nets off
the bottom but keeping them in the
water as they travel through this area.
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules
Within the proposed Pulley Ridge
South Portion A area, the following
prohibitions would apply year-round:
Deployment of a bottom trawl, buoy
gear as defined in 50 CFR 622.2, dredge,
pot, or trap, and bottom anchoring by
fishing vessels. Pulley Ridge South
Portion A would not include a
restriction on the deployment of bottom
longline gear to allow fishing that has
historically occurred in this area to
continue. Amendment 9 would not
change any other boundaries or
regulations within the existing Pulley
Ridge HAPC.
The Council concluded that the
exception for royal red shrimp fishing in
the proposed Viosca Knoll 862/906 area
and for bottom longline fishing in the
proposed Pulley Ridge South Portion A
area was unlikely to adversely affect the
habitat. Both types of fishing have
occurred in the respective areas for over
a decade without causing significant
harm.
Dredge Fishing Prohibition
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Currently, only some existing HAPCs
in the Gulf have fishing regulations that
prohibit dredge fishing within the
designated areas. Amendment 9 would
prohibit the deployment of dredge
fishing gear in all existing HAPCs in the
Gulf in which other bottom-tending gear
are already prohibited. Dredge fishing is
most commonly used to harvest
shellfish and is not known to occur in
the Gulf. Therefore, this proposed
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17:55 Sep 25, 2019
Jkt 247001
management measure would not restrict
any known fishing activity in the Gulf,
but increase consistency of management
measures across HAPCs with fishing
regulations.
HAPCs Without Fishing Regulations
Amendment 9 would also establish
eight HAPCs with no associated fishing
regulations. The Council determined
that fishing regulations in these eight
proposed HAPCs are unnecessary
because they have no known fishing
activity that occurs within them, partly
because the areas are located in very
deep water (greater than 300 meters).
The proposed HAPCs without fishing
regulations in Amendment 9 are South
John Reed, Garden Banks 299, Garden
Banks 535, Green Canyon 140 and 272
(combined), Green Canyon 234, Green
Canyon 354, Mississippi Canyon 751,
and Mississippi Canyon 885. Although
fishing impacts were not identified as a
concern in these eight areas,
establishing these HAPCs would inform
the public that the Council considers
these areas to be of particular
importance and could help guide
NMFS’ review of non-fishing impacts
during EFH consultations.
Proposed Rule for Amendment 9
A proposed rule to implement
Amendment 9, as modified by the
framework action, has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule to determine whether it is
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Fmt 4702
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consistent with Amendment 9, the FMP
for the Coral and Coral Reefs of the Gulf
of Mexico, the 2006 Consolidated
Atlantic HMS FMP and its amendments,
the Magnuson-Stevens Act, and other
applicable laws. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 9 for Secretarial review,
approval, and implementation.
Comments on Amendment 9 must be
received by November 25, 2019.
Comments received during the
respective comment periods, whether
specifically directed to Amendment 9 or
to the proposed rule will be considered
by NMFS in the decision to approve,
disapprove, or partially approve
Amendment 9. Comments received after
the comment periods will not be
considered by NMFS in this decision.
All comments received by NMFS on
Amendment 9 or the proposed rule
during their respective comment
periods will be addressed in the final
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–20549 Filed 9–25–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Proposed Rules]
[Pages 50814-50816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20549]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 635
RIN 0648-BI61
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Atlantic Highly Migratory Species; Coral and Coral Reefs of the Gulf of
Mexico; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of availability (NOA); request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
submitted Amendment 9 to the Fishery Management Plan (FMP) for the
Coral and Coral Reefs of the Gulf of Mexico (Amendment 9) to the FMP
for review, approval, and implementation by NMFS. Amendment 9, if
approved by the Secretary of Commerce, and an associated framework
action to the FMP would establish new habitat areas of particular
concern (HAPCs), some of which include a prohibition of the deployment
of bottom-tending gear, and modify current fishing regulations in the
Gulf of Mexico (Gulf). The purpose of Amendment 9 and the framework
action is to protect coral essential fish habitat in the Gulf.
DATES: Written comments on Amendment 9 must be received by November 25,
2019.
ADDRESSES: You may submit comments on Amendment 9 identified by ``NOAA-
NMFS-2017-0146'' by either 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-2017-0146, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Lauren Waters, NMFS
Southeast Regional Office, 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 9 and the framework action may be
obtained from www.regulations.gov or the Southeast Regional Office
website at https://www.fisheries.noaa.gov/action/amendment-9-coral-habitat-areas-considered-management-gulf-mexico. Amendment 9 includes
an
[[Page 50815]]
environmental impact statement, fishery impact statement, regulatory
impact review, and a Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, NMFS Southeast Regional
Office, telephone: 727-824-5305; email: [email protected]. Karyl
Brewster-Geisz, NMFS Highly Migratory Species Division, telephone: 301-
427-8503; email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to NMFS
for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The Council prepared the FMP being revised by Amendment 9, and if
approved, Amendment 9 would be implemented by NMFS through regulations
at 50 CFR parts 622 and 635 under the authority of the Magnuson-Stevens
Act.
Background
The Magnuson-Stevens Act requires that each fishery management plan
identify and describe essential fish habitat (EFH) and minimize, to the
extent practicable, adverse effects on these habitats caused by
fishing. The FMP describes coral EFH as those areas where managed
corals exist. HAPCs are a subset of EFH that meet specified criteria
identified at 50 CFR 600.818(a)(8). An area in which corals exist in
sufficient numbers or diversity could be designated as an HAPC if it is
significantly ecologically important, habitat that is sensitive to
human-induced degradation, located in an environmentally stressed area,
or considered rare in abundance. Corals and coral habitat are
especially sensitive to human-induced degradation by fishing and non-
fishing activities because of their unique life history. An HAPC
designation by NMFS does not confer any additional specific protections
to such designated areas, but can be used to focus management attention
on those areas when considering measures to minimize adverse impacts
from fishing.
In December 2014, the Council convened a Coral Working Group to
discuss which areas in the Gulf may warrant specific protection for
corals. The group identified numerous areas and existing HAPCs that may
be in need of new or revised protection. In May 2015, the Council's
Special Coral Scientific and Statistical Committee (SSC) and Coral
Advisory Panel (AP) reviewed these areas along with members of the
shrimp fishing community and recommended that the boundaries of some of
the areas be refined based on available fishing information. In August
2016, the Council's Coral SSC, Coral AP, Shrimp AP, as well as Council
invitees, which included royal red shrimp fishermen and bottom longline
fishermen, provided input to the Council. These groups recommended that
15 areas be designated as HAPCs in which fishing with bottom-tending
gear be prohibited and 8 areas be designated without any prohibitions
on. Based on this input, the Council began developing Amendment 9.
In April 2018, based on a recommendation by the Council's SSC, the
Council modified the alternatives in Amendment 9 to combine three
previously proposed HAPCs in the southeastern Gulf that were separate
but geographically close to one another into a single slightly smaller
proposed HAPC. As a result, Amendment 9 recommends 13 new HAPCs that
prohibit fishing with bottom-tending gear.
During subsequent discussions associated with Amendment 9, the
Council decided to refine the fishing prohibition in the proposed and
existing HAPCs. The Council determined that the broad definition of
``fishing'' in the Magnuson-Stevens Act might unnecessarily restrict
activities that would have no impact on these HAPCs. Therefore, in
August 2018, the Council approved a framework action that would modify
the specific prohibitions on ``fishing with bottom-tending gear'' to
``deployment of bottom-tending gear'' for existing HAPCs listed in 50
CFR 622.74, except the Tortugas marine reserves HAPC, and those
recommended in Amendment 9. Further, the Council recommended that
``deploy'' in this context be defined to mean that fishing gear is in
contact with the water. In November 2018, the Council also requested
that NMFS develop complimentary gear deployment prohibitions for
Atlantic highly migratory species (HMS) fisheries in the Gulf (see 50
CFR part 635).
To provide a complete description of the proposed changes
associated with Amendment 9, the discussion below includes the
management actions in Amendment 9, as modified by the framework action.
For ease of discussion, ``Amendment 9'' is used to refer to the
combined actions.
Actions Contained in Amendment 9
Amendment 9 would establish 13 new HAPCs in the Gulf in which the
deployment of certain bottom-tending gear would be prohibited, and
establish 8 new HAPCs without fishing regulations. Amendment 9 would
also prohibit the deployment of dredge fishing gear in existing Gulf
HAPCs that are managed with fishing. NMFS and the Council are proposing
these areas and fishing regulations to protect coral EFH in the Gulf.
HAPCs With Fishing Regulations
Amendment 9 would establish 13 HAPCs in which the deployment of
specified bottom-tending gear would be prohibited. For purpose of the
prohibition, fishing gear is ``deployed'' if any part of the gear is in
contact with the water. The 13 proposed HAPCs are called West Florida
Wall, Alabama Alps Reef, L & W Pinnacles and Scamp Reef (combined),
Mississippi Canyon 118, Roughtongue Reef, Viosca Knoll 826, Viosca
Knoll 862/906, AT 047, AT 357, Green Canyon 852, Southern Bank, Harte
Bank, and within the existing Pulley Ridge boundary, and Pulley Ridge
South Portion A. Pulley Ridge South Portion A is within the current
Pulley Ridge South HAPC.
For these areas, excluding Pulley Ridge South Portion A,
prohibitions on the following activities would apply year-round:
deployment of bottom longline, bottom trawl, buoy gear as defined in 50
CFR 622.2, dredge, pot, or trap, and bottom anchoring by fishing
vessels. The buoy gear defined in 50 CFR 622.2 is not the same as HMS
buoy gear defined in 50 CFR 635.2. HMS buoy gear is not a bottom-
tending gear.
Within the proposed Viosca Knoll 862/906 area, the proposed gear
deployment prohibitions would not apply to a fishing vessel issued a
Gulf royal red shrimp endorsement, as specified in 50 CFR 622.50(c)
while fishing for royal red shrimp. The areas around this proposed HAPC
are used to fish for royal red shrimp. Fishing for royal red shrimp
occurs in deep waters and requires a few miles of continuous forward
movement to lift the nets up in the water column to the vessel.
Therefore, requiring that these nets be out of the water would
effectively prevent the use of an area much larger than the proposed
HAPC. The exemption would allow royal red shrimp fishermen to continue
the historic practice of lifting the nets off the bottom but keeping
them in the water as they travel through this area.
[[Page 50816]]
Within the proposed Pulley Ridge South Portion A area, the
following prohibitions would apply year-round: Deployment of a bottom
trawl, buoy gear as defined in 50 CFR 622.2, dredge, pot, or trap, and
bottom anchoring by fishing vessels. Pulley Ridge South Portion A would
not include a restriction on the deployment of bottom longline gear to
allow fishing that has historically occurred in this area to continue.
Amendment 9 would not change any other boundaries or regulations within
the existing Pulley Ridge HAPC.
The Council concluded that the exception for royal red shrimp
fishing in the proposed Viosca Knoll 862/906 area and for bottom
longline fishing in the proposed Pulley Ridge South Portion A area was
unlikely to adversely affect the habitat. Both types of fishing have
occurred in the respective areas for over a decade without causing
significant harm.
Dredge Fishing Prohibition
Currently, only some existing HAPCs in the Gulf have fishing
regulations that prohibit dredge fishing within the designated areas.
Amendment 9 would prohibit the deployment of dredge fishing gear in all
existing HAPCs in the Gulf in which other bottom-tending gear are
already prohibited. Dredge fishing is most commonly used to harvest
shellfish and is not known to occur in the Gulf. Therefore, this
proposed management measure would not restrict any known fishing
activity in the Gulf, but increase consistency of management measures
across HAPCs with fishing regulations.
HAPCs Without Fishing Regulations
Amendment 9 would also establish eight HAPCs with no associated
fishing regulations. The Council determined that fishing regulations in
these eight proposed HAPCs are unnecessary because they have no known
fishing activity that occurs within them, partly because the areas are
located in very deep water (greater than 300 meters). The proposed
HAPCs without fishing regulations in Amendment 9 are South John Reed,
Garden Banks 299, Garden Banks 535, Green Canyon 140 and 272
(combined), Green Canyon 234, Green Canyon 354, Mississippi Canyon 751,
and Mississippi Canyon 885. Although fishing impacts were not
identified as a concern in these eight areas, establishing these HAPCs
would inform the public that the Council considers these areas to be of
particular importance and could help guide NMFS' review of non-fishing
impacts during EFH consultations.
Proposed Rule for Amendment 9
A proposed rule to implement Amendment 9, as modified by the
framework action, has been drafted. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether
it is consistent with Amendment 9, the FMP for the Coral and Coral
Reefs of the Gulf of Mexico, the 2006 Consolidated Atlantic HMS FMP and
its amendments, the Magnuson-Stevens Act, and other applicable laws. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 9 for Secretarial review,
approval, and implementation. Comments on Amendment 9 must be received
by November 25, 2019. Comments received during the respective comment
periods, whether specifically directed to Amendment 9 or to the
proposed rule will be considered by NMFS in the decision to approve,
disapprove, or partially approve Amendment 9. Comments received after
the comment periods will not be considered by NMFS in this decision.
All comments received by NMFS on Amendment 9 or the proposed rule
during their respective comment periods will be addressed in the final
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-20549 Filed 9-25-19; 8:45 am]
BILLING CODE 3510-22-P
