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, 62491-62501 [2019-24308]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Proposed Rules]
[Pages 62491-62501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24308]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622 and 635

[Docket No. 191101-0072]
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: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to implement management measures described in 
Amendment 9 to the Fishery Management Plan (FMP) for the Coral and 
Coral Reefs of the Gulf of Mexico (Amendment 9) and an associated 
framework action to the FMP, as prepared by the Gulf of Mexico Fishery 
Management Council (Council). This proposed rule 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 for the other existing HAPCs in the Gulf of 
Mexico (Gulf). Additionally, this proposed rule would implement 
complementary management measures for Atlantic highly migratory species 
(HMS) in the Gulf. The purpose of this proposed rule is to protect 
coral essential fish habitat in the Gulf.

DATES: Written comments must be received by December 16, 2019.

ADDRESSES: You may submit comments on this proposed rule 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.

[[Page 62492]]

     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 a 
final environmental impact statement (EIS), 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: NMFS and the Council manage coral and coral 
reef resources in the Gulf under the FMP. The FMP was prepared by the 
Council and is implemented by NMFS through regulations at 50 CFR part 
622 under the authority of the Magnuson Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). NMFS manages Atlantic HMS 
under the 2006 Consolidated Atlantic HMS FMP and its amendments, under 
the authority of the Magnuson-Stevens Act and the Atlantic Tunas 
Convention Act. The 2006 Consolidated Atlantic HMS FMP is implemented 
by regulations at 50 CFR part 635.

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 600.815(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 additional specific 
protection for corals. The group identified numerous new 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 new areas be designated as HAPCs in 
which fishing with bottom-tending gear be prohibited and 8 areas be 
designated as HAPCs without any prohibitions on fishing. Based on this 
input, the Council began developing Amendment 9. On December 18, 2017, 
NMFS published a notice of intent to prepare a draft EIS for Amendment 
9 in the Federal Register and solicited public comment (82 FR 60003).
    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 in 
which fishing with bottom-tending gear would be prohibited.
    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 HMS fisheries in the Gulf (see 50 CFR part 635).
    The management actions selected by the Council in Amendment 9 and 
as subsequently modified in the framework action are described in this 
proposed rule.

Management Measure Contained in This Proposed Rule

    This proposed rule would establish 13 new HAPCs in the Gulf in 
which the deployment of certain bottom-tending gears would be 
prohibited. The proposed rule would also prohibit the deployment of 
dredge fishing gear in existing Gulf HAPCs that are managed with 
fishing regulations. Further, this proposed rule would modify the 
restrictions in the existing HAPCs that prohibit fishing with specific 
gears to prohibit the deployment of those gears. NMFS and the Council 
are proposing these areas and fishing regulations to protect coral EFH 
in the Gulf.

HAPCs With Fishing Regulations

    This proposed rule 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 Pulley Ridge South Portion A. Pulley Ridge South 
Portion A is adjacent to 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

[[Page 62493]]

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.
    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. 
This proposed rule 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. 
This proposed rule 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.

Fishing Restrictions in Existing HAPCs

    This proposed rule would modify restrictions associated with 
bottom-tending fishing gear in the existing HAPCs. Currently, the 
regulations at 50 CFR 622.74 prohibit ``fishing'' in the existing HAPCs 
with bottom-tending gear with specific types of gear prohibitions 
varying by HAPC. As explained above, the Council determined that it was 
more appropriate to prohibit the ``deployment'' of bottom-tending gear. 
Therefore, this proposed rule would change the prohibition for existing 
HAPCs listed in 50 CFR 622.74, other than the Tortugas marine reserves 
HAPC, to prevent the deployment of the bottom-tending gear to be 
consistent with the prohibition in the proposed HAPCs. The Tortugas 
marine reserves HAPC already has a broader prohibition on all fishing 
and anchoring by fishing vessels.

HMS Fisheries in the Gulf

    This proposed rule would modify regulations at 50 CFR 635.21 for 
Atlantic HMS fisheries that operate in the Gulf to complement the 
proposed fishing vessel anchoring and gear deployment prohibitions in 
50 CFR 622.74.

Management Measure Contained in Amendment 9 But Not Codified Through 
This Proposed Rule

    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 there is no known 
fishing activity that occurs within them, partly because the areas are 
located in very deep water (greater than 984 ft or 300 m). 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.

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 9, the FMP for the Coral and Coral Reefs of 
the Gulf of Mexico, the 2006 Consolidated FMP for Atlantic Highly 
Migratory Species, the Magnuson-Stevens Act, and other applicable laws, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not an 
Executive Order 13771 regulatory action because this proposed rule is 
not significant under 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 proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination follows.
    A description of the proposed rule, why it is being considered, and 
the objectives of, and legal basis for this proposed rule are contained 
in the preamble of this proposed rule at the beginning of the 
SUPPLEMENTARY INFORMATION section and in the SUMMARY section. The 
Magnuson-Stevens Act provides the statutory basis for this proposed 
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 proposed rule. 
Accordingly, the requirements of the Paperwork Reduction Act do not 
apply to this proposed rule.
    The proposed action would designate several areas in the Gulf as 
HAPCs and establish or modify fishing regulations in new and existing 
HAPCs. In some of the proposed HAPCs the deployment of specific bottom-
tending gear would be prohibited. The proposed action would also change 
the prohibition in the existing HAPCs with fishing regulations to a 
prohibition on the deployment of the gear as opposed to fishing with 
the gear. As a result, this proposed action would directly affect 
federally permitted commercial fishermen fishing for reef fish, shrimp, 
or sharks. Recreational anglers fishing in the designated HAPCs would 
also be directly affected by this proposed action, but anglers are not 
considered business entities under the RFA. Recreational charter 
vessels and headboats would also be affected by this action but only in 
an indirect way. Thus, only the effects on federally permitted 
commercial fishing vessels harvesting reef fish, shrimp, and shark will 
be discussed. For RFA purposes only, NMFS has established a small

[[Page 62494]]

business size standard for businesses, including their affiliates, 
whose primary industry is commercial fishing (see 50 CFR 200.2). A 
business primarily engaged in commercial fishing (NAICS code 11411) is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide.
    To determine whether a substantial number of small entities would 
be affected by the proposed rule, NMFS first describes the 
characteristics of the Federal commercial reef fish, shrimp, and shark 
fisheries that operate in the Gulf. NMFS then describes the data 
available to determine the number of small entities that operate in the 
proposed HAPCs and applies these data to each proposed HAPC or groups 
of HAPCs.
    With respect to the Gulf reef fish fishery, as of July 14, 2018, 
there were 841 vessels with valid or renewable Federal Gulf reef fish 
commercial vessel permits. From 2010 through 2016, an average of 554 
federally permitted commercial reef fish vessels per year landed any 
reef fish species in the Gulf. These vessels, combined, averaged 6,608 
trips per year in the Gulf on which reef fish were landed and 810 other 
trips. The average annual total dockside revenue (2016 dollars) for 
these vessels combined was approximately $52.13 million from reef fish, 
approximately $1.32 million from other species co-harvested with reef 
fish (on the same trips), and approximately $1.54 million from other 
trips by these vessels in the Gulf on which no reef fish were harvested 
or where fishing occurred in other areas. Total average annual revenue 
from all species harvested by these vessels in the Gulf or other areas 
was approximately $54.95 million, or approximately $99,000 per vessel. 
These vessels generated approximately 95 percent of their total 
revenues from reef fish. Commercial reef fish vessels used a variety of 
gears in harvesting reef fish. For the period 2010-2016, an average of 
68 vessels used longlines and generated revenues of approximately 
$250,000 per vessel; 267 vessels used bandit gear generating 
approximately $109,000 revenue per vessel; 273 vessels used hook-and-
line generating approximately $27,000 revenue per vessel; 47 vessels 
used diving gear generating approximately $13,000 revenue per vessel; 
and, 6 vessels used other gears generating approximately $40,000 
revenue per vessel. Therefore, all federally permitted commercial 
vessels fishing for reef fish are assumed to be small entities.
    In the Gulf shrimp fishery, brown and white shrimp are the dominant 
shrimp species in terms of landings, ex-vessel revenues, and number of 
participating vessels. For the period 2010-2016, an annual average of 
3,552 vessels landed approximately 61 million lb (27,669,134 kg) of 
brown shrimp with an ex-vessel value of about $206 million; an annual 
average of 3,914 vessels landed approximately 61 million lb (27,669,134 
kg) of white shrimp valued at about $210 million; an annual average of 
175 vessels landed pink shrimp valued at about $18 million; and, an 
annual average of 8 vessels landed approximately 154,000 lb (69,853 kg) 
of royal red shrimp valued at about $964,000. Not all vessels that 
landed Gulf shrimp are federally permitted, and not all federally 
permitted vessels landed shrimp. In 2014, for example, only 74 percent 
of federally permitted vessels landed shrimp. As of July 14, 2018, 
there were 1,422 valid or renewable Gulf shrimp commercial permits and 
305 valid Gulf royal red shrimp endorsements. The latest data on the 
economics and financial conditions of the Gulf shrimp fishery are for 
2014. Data for later years are still being processed and compiled by 
NMFS. Between 2011 and 2014, the average gross revenue from fishing 
operations of federally permitted shrimp vessels was approximately 
$343,000, but net revenue from operations was only about $8,300. These 
estimates best approximate expected financial and economic conditions 
for these vessels in the foreseeable future. Therefore, all federally 
permitted commercial vessels fishing for shrimp are assumed to be small 
entities.
    The HMS shark fishery is the fishery that most likely would be 
affected by the proposed action. To commercially fish for sharks, 
fishermen need to possess a Federal shark directed or incidental 
permit, or smoothhound shark permit. Shark directed and incidental 
permits are currently limited access permits, while the smoothhound 
shark permit is an open access permit. As of September 12, 2018, there 
were 220 and 267 valid or renewable shark directed and incidental 
permits, respectively, and 164 valid or renewable smoothhound shark 
permits. Vessels can possess shark permits in addition to commercial 
reef fish or shrimp permits. In 2017, there were 18 vessels with 
limited access permits that were actively fishing for sharks in the 
Gulf. Of the 18 vessels, 11 possessed both a shark limited access 
permit and a commercial reef or shrimp permit, while 7 possessed only a 
shark limited access permit. These vessels, combined, generated $4.7 
million of revenue from HMS. When tracked back to 2013, these vessels 
generated an average revenue of $4.8 million per year, indicating a 
close match between their 2017 revenue and 2013-2017 average revenue. 
The 2013-2017 average revenue per vessel was approximately $267,000. 
Therefore, all federally permitted commercial vessels fishing for 
sharks are assumed to be small entities.
    As stated earlier in the preamble, the proposed rule would 
establish 13 HAPCs in which the deployment of specific bottom-tending 
gear would be prohibited. Unless otherwise noted, the following 
prohibitions would apply to each of the 13 HAPCs: 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 available data allows NMFS to estimate the number of federally 
permitted reef fish, shrimp, and shark vessels potentially affected by 
the proposed rule. Information on fishing activities in the proposed 
HAPCs is based on the electronic logbook (ELB) program for commercial 
shrimp vessels, the vessel monitoring system (VMS) for commercial reef 
fish vessels, and shark bottom longline observer program (SBLOP) for 
shark vessels. Available ELB data are for the years 2004-2013, VMS data 
are for the years 2007-2015, and SBLOP data are for the years 2008-
2016.
    ELB data are collected from approximately one-third of the 
federally permitted shrimp vessels, while VMS data collection is 
required of all federally permitted reef fish vessels. Vessels that 
were included in the SBLOP are also in the VMS data set because these 
vessels have both shark and commercial reef fish permits. The VMS and 
ELB data sets provide data points and number of fishing vessels by 
area, while the SBLOP data provides some information on the number of 
fishing sets by shark vessels. Although VMS data are collected from all 
reef fish vessels, the points refer to the number of times the 
electronic system detects the vessel in a specific area, but it does 
not distinguish between fishing and non-fishing activity. In contrast, 
ELB data points are collected from approximately one-third of permitted 
shrimp vessels but this occurs every 10 minutes, which allows NMFS to 
determine likely fishing activity from non-fishing activity based on 
vessel speed. Therefore, the ELB data points in this analysis are those 
that NMFS has

[[Page 62495]]

determined to represent active shrimp fishing.
    Because the VMS, ELB, and SBLOP data sources do not provide 
information on the number of trips or fishing intensity per vessel, it 
is not possible to estimate the revenue and profit effects of the 
proposed rule. Therefore, the extent of economic impacts is based on 
the number of vessels potentially affected by the proposed rule. In the 
following discussion, data points and vessels are expressed as annual 
averages for each of the 13 proposed HAPCs. In addition, only 
information on bottom longline vessels from VMS data is reported as 
only these vessels would likely be affected by the proposed rule.
    In the Pulley Ridge South Portion A HAPC, ELB data indicate one 
data point corresponding to one shrimp vessel. VMS data indicate 638 
data points corresponding to 11 bottom longline vessels. However, to 
allow fishing that has historically occurred to continue, the proposed 
regulations would not prohibit the deployment of bottom longlines. 
Therefore, longline vessels would not be affected by the gear 
prohibitions in this area. SBLOP recorded only two fishing sets by 
shark longline vessels, which are included in the VMS data set. Based 
on the above information, the gear prohibitions in this area would not 
affect a substantial number of small entities.
    For the West Florida Wall HAPC, which is located in the 
southeastern Gulf, ELB did not record any data point or shrimp vessel 
fishing in the proposed area. VMS recorded 4 data points corresponding 
to two bottom longline vessels. SBLOP data indicate very low shark 
fishing effort in the area. Therefore, the proposed gear prohibitions 
in this area would not affect a substantial number of small entities.
    Six new HAPCs would be established in the northeastern Gulf: 
Alabama Alps Reef, L & W Pinnacles and Scamp Reef, Mississippi Canyon 
118, Roughtongue Reef, Viosca Knoll 826, and Viosca Knoll 862/906. For 
Alabama Alps Reef, ELB recorded one data point corresponding to one 
vessel and VMS recorded seven data points and one bottom longline 
vessel. For L & W Pinnacles and Scamp Reef, ELB recorded 2 data points 
and 1 vessel while VMS recorded 42 data points 3 bottom longline 
vessels. For Mississippi Canyon 118, ELB recorded four data points and 
one vessel while VMS recorded four data points and one bottom longline 
vessel. For Roughtongue Reef, ELB recorded 1 data point and 1 vessel 
while VMS recorded 40 data points and 3 bottom longline vessels. For 
Viosca Knoll 826, ELB recorded one data point and one vessel while VMS 
recorded one data point and one bottom longline vessel. For Viosca 
Knoll 862/906, ELB recorded 168 data points and 2 vessels while VMS 
recorded 8 data points and 2 bottom longline vessels. NMFS notes that 
shrimp vessels fishing in Viosca Knoll 862/906 are mainly those fishing 
for royal red shrimp. Vessels with a royal red shrimp endorsement 
fishing for this species in this area are exempt from the prohibition 
on bottom-tending gear and would not be affected by this proposed rule. 
SBLOP reported only two sets by two shark fishing vessels for L & W 
Pinnacles and Scamp Reef, and none for the other areas. Because of the 
general location of this group of HAPCs, it is likely that certain 
vessels could be fishing in multiple HAPCs within this group in any 
given year. It is also possible that a vessel would fish in different 
HAPCs from year to year. Thus, the total number of vessels affected by 
the proposed prohibitions applicable in this group of HAPCs would be 
less than the sum of vessels fishing in each HAPC as noted above. 
Therefore, the gear prohibitions in these six areas would not affect a 
substantial number of small entities.
    The proposed rule would establish three new HAPCs in the 
northwestern Gulf: AT 047, AT 357, and Green Canyon 852. Both ELB and 
VMS recorded very few data points and vessels fishing in each of these 
three areas. ELB recorded at most one data point and one vessel for 
each of these three areas while VMS recorded at most one data point and 
one bottom longline vessel in each of the AT 047 and AT 357 HAPCs and 
none for Green Canyon 852. In addition, no shark fishing sets were 
observed in these areas. Therefore, the gear prohibitions in these 
three areas would not affect a substantial number of small entities.
    The proposed rule would establish two new HAPCs in the southwestern 
Gulf: Harte Bank and Southern Bank. ELB recorded at most one data point 
and one vessel while VMS recorded at most one data point and one bottom 
longline vessel for Harte Bank HAPC. ELB recorded one data point and 
one vessel, while VMS recorded no data points or bottom longline 
vessels for the Southern Bank HAPC. In addition, no bottom longlining 
for sharks was observed in these two areas. Therefore, the gear 
prohibitions in these two areas would not affect a substantial number 
of small entities.
    The proposed action to change the prohibition in the existing HAPCs 
with fishing regulations to a prohibition on the ``deployment'' of 
bottom-tending gear, as opposed to a prohibition on ``fishing'' with 
the bottom-tending gear, would have no effects on the revenues of 
fishing vessels. These vessels do not currently derive any revenues 
from fishing with bottom-tending gear in any existing HAPCs with 
fishing regulations. This proposed action would make fishing 
regulations in existing HAPCs consistent with the regulations in the 
proposed new HAPCs, and therefore would lessen confusion on the part of 
fishermen as well as simplify enforcement.
    Amendment 9 would also establish eight new deep-water HAPCs without 
fishing regulations, which would have no accompanying economic effects 
on small entities. The effects of prohibiting the deployment of dredge 
fishing gear in all HAPCs that have fishing regulations are included in 
the discussion of effects for each HAPC. This prohibition would not 
impact any small entities as there is no known dredge fishing in any 
existing or proposed HAPCs.
    In summary, there are three Federal fisheries that operate in the 
proposed HAPCs, and although all of the commercially permitted reef 
fish, shrimp, and shark vessels are small entities, based on available 
data only a small number of vessels are estimated to have fished with 
bottom-tending gear in each of the proposed HAPCs, and all HAPCs 
combined. Therefore, this proposed rule would not affect a substantial 
number of small entities.
    The information provided above supports a determination that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have a significant economic impact on a 
substantial number of small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.

List of Subjects

50 CFR Part 622

    Coral, Fisheries, Fishing, Gulf of Mexico.

50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.


[[Page 62496]]


    Dated: November 4, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 622 and 635 
are 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. Section 622.74 is revised to read as follows:


Sec.  622.74   Area closures to protect Gulf corals.

    For the purposes of this section, fishing gear is deployed if any 
part of the gear is in contact with the water.
    (a) Florida Middle Grounds HAPC. Deployment of a bottom longline, 
bottom trawl, dredge, pot, or trap is prohibited year-round in the area 
bounded by rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  28[deg]42.500'  84[deg]24.800'
B.......................................  28[deg]42.500'  84[deg]16.300'
C.......................................  28[deg]11.000'  84[deg]00.000'
D.......................................  28[deg]11.000'  84[deg]07.000'
E.......................................  28[deg]26.600'  84[deg]24.800'
A.......................................  28[deg]42.500'  84[deg]24.800'
------------------------------------------------------------------------

    (b) Tortugas marine reserves HAPC. Fishing for any species and 
bottom anchoring by fishing vessels are prohibited year-round in the 
areas of the HAPC.
    (1) EEZ portion of Tortugas North HAPC. The area is bounded by 
rhumb lines connecting the following points in order: From point A at 
24[deg]40.000' N lat., 83[deg]06.000' W long. to point B at 
24[deg]46.000' N lat., 83[deg]06.000' W long. to point C at 
24[deg]46.000' N lat., 83[deg]00.000' W long.; then along the line 
denoting the seaward limit of Florida's waters, as shown on the current 
edition of NOAA chart 11434, to point A at 24[deg]40.000' N lat., 
83[deg]06.000' W long.
    (2) Tortugas South HAPC. The area is bounded by rhumb lines 
connecting the following points in order:

                       Table 1 to Paragraph (b)(2)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  24[deg]33.000'  83[deg]09.000'
B.......................................  24[deg]33.000'  83[deg]05.000'
C.......................................  24[deg]18.000'  83[deg]05.000'
D.......................................  24[deg]18.000'  83[deg]09.000'
A.......................................  24[deg]33.000'  83[deg]09.000'
------------------------------------------------------------------------

    (c) Pulley Ridge South HAPC. Deployment of a bottom longline, 
bottom trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by 
fishing vessels are prohibited year-round in the area of the HAPC 
bounded by rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  24[deg]58.300'  83[deg]38.550'
B.......................................  24[deg]58.300'  83[deg]37.000'
C.......................................  24[deg]41.183'  83[deg]37.000'
D.......................................  24[deg]40.000'  83[deg]41.367'
E.......................................  24[deg]43.917'  83[deg]47.250'
A.......................................  24[deg]58.300'  83[deg]38.550'
------------------------------------------------------------------------

    (d) Pulley Ridge South Portion A HAPC. Deployment of a bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the area of the HAPC bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  24[deg]40.000'  83[deg]41.366'
B.......................................  24[deg]39.666'  83[deg]42.648'
C.......................................  24[deg]47.555'  83[deg]55.240'
D.......................................  24[deg]57.065'  83[deg]48.405'

[[Page 62497]]

 
E.......................................  24[deg]52.859'  83[deg]41.841'
F.......................................  24[deg]43.917'  83[deg]47.250'
A.......................................  24[deg]40.000'  83[deg]41.366'
------------------------------------------------------------------------

    (e) West Florida Wall HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the area of the HAPC bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (e)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  26[deg]28.835'  84[deg]47.955'
B.......................................  26[deg]28.816'  84[deg]46.754'
C.......................................  26[deg]10.471'  84[deg]42.076'
D.......................................  26[deg]10.528'  84[deg]44.577'
E.......................................  26[deg]25.028'  84[deg]47.986'
F.......................................  26[deg]25.100'  84[deg]47.980'
A.......................................  26[deg]28.835'  84[deg]47.955'
------------------------------------------------------------------------

    (f) Alabama Alps Reef HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the area of the HAPC bounded by 
rhumb lines connecting the following points in:

                        Table 1 to Paragraph (f)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  29[deg]16.160'  88[deg]20.525'
B.......................................  29[deg]15.427'  88[deg]18.990'
C.......................................  29[deg]13.380'  88[deg]19.051'
D.......................................  29[deg]14.140'  88[deg]20.533'
A.......................................  29[deg]16.160'  88[deg]20.525'
------------------------------------------------------------------------

    (g) L & W Pinnacles and Scamp Reef HAPC. Deployment of a bottom 
longline, bottom trawl, buoy gear, dredge, pot, or trap, and bottom 
anchoring by fishing vessels are prohibited year-round in the area of 
the HAPC bounded by rhumb lines connecting the following points in 
order:

                        Table 1 to Paragraph (g)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  29[deg]18.595'  87[deg]48.757'
B.......................................  29[deg]18.484'  87[deg]50.688'
C.......................................  29[deg]19.754'  87[deg]52.484'
D.......................................  29[deg]20.401'  87[deg]51.449'
E.......................................  29[deg]20.095'  87[deg]50.933'
F.......................................  29[deg]20.832'  87[deg]46.631'
G.......................................  29[deg]21.473'  87[deg]46.326'
H.......................................  29[deg]21.314'  87[deg]45.535'
I.......................................  29[deg]22.518'  87[deg]43.465'
J.......................................  29[deg]21.144'  87[deg]42.632'
K.......................................  29[deg]19.269'  87[deg]45.525'
A.......................................  29[deg]18.595'  87[deg]48.757'
------------------------------------------------------------------------

    (h) Mississippi Canyon 118 HAPC. Deployment of a bottom longline, 
bottom trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by 
fishing vessels are prohibited year-round in the area of the HAPC 
bounded by rhumb lines connecting the following points in order:

[[Page 62498]]



                        Table 1 to Paragraph (h)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  28[deg]53.183'  88[deg]30.789'
B.......................................  28[deg]53.216'  88[deg]27.819'
C.......................................  28[deg]50.602'  88[deg]27.782'
D.......................................  28[deg]48.944'  88[deg]27.759'
E.......................................  28[deg]48.962'  88[deg]30.727'
A.......................................  28[deg]53.183'  88[deg]30.789'
------------------------------------------------------------------------

    (i) Roughtongue Reef HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the area of the HAPC bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (i)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  29[deg]27.596'  87[deg]37.527'
B.......................................  29[deg]27.621'  87[deg]31.552'
C.......................................  29[deg]25.007'  87[deg]31.539'
D.......................................  29[deg]24.981'  87[deg]37.510'
A.......................................  29[deg]27.596'  87[deg]37.527'
------------------------------------------------------------------------

    (j) Viosca Knoll 826 HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the area of the HAPC bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (j)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  29[deg]10.920'  88[deg]03.509'
B.......................................  29[deg]10.877'  87[deg]59.460'
C.......................................  29[deg]07.974'  87[deg]59.448'
D.......................................  29[deg]08.017'  88[deg]03.532'
A.......................................  29[deg]10.920'  88[deg]03.509'
------------------------------------------------------------------------

    (k) Viosca Knoll 862/906 HAPC. Deployment of a bottom longline, 
bottom trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by 
fishing vessels are prohibited year-round in the area of the HAPC. This 
prohibition does not apply to a fishing vessel issued a Gulf royal red 
shrimp endorsement, as specified in Sec.  622.50(c), while the vessel 
is fishing for royal red shrimp. The HAPC is bounded by rhumb lines 
connecting the following points in order:

                        Table 1 to Paragraph (k)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  29[deg]07.640'  88[deg]23.608'
B.......................................  29[deg]07.603'  88[deg]20.590'
C.......................................  29[deg]03.749'  88[deg]20.554'
D.......................................  29[deg]03.734'  88[deg]22.016'
E.......................................  29[deg]02.367'  88[deg]21.998'
F.......................................  29[deg]02.281'  88[deg]24.972'
G.......................................  29[deg]07.568'  88[deg]25.044'
H.......................................  29[deg]07.592'  88[deg]25.044'
I.......................................  29[deg]07.676'  88[deg]25.045'
A.......................................  29[deg]07.640'  88[deg]23.608'
------------------------------------------------------------------------

    (l) McGrail Bank HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the HAPC, which is bounded by 
rhumb lines connecting the following points in order:

[[Page 62499]]



                        Table 1 to Paragraph (l)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]59.100'  92[deg]37.320'
B.......................................  27[deg]59.100'  92[deg]32.290'
C.......................................  27[deg]55.925'  92[deg]32.290'
D.......................................  27[deg]55.925'  92[deg]37.320'
A.......................................  27[deg]59.100'  92[deg]37.320'
------------------------------------------------------------------------

    (m) AT 047 HAPC. Deployment of a bottom longline, bottom trawl, 
buoy gear, dredge, pot, or trap and bottom anchoring by fishing vessels 
are prohibited year-round in the HAPC, which is bounded by rhumb lines 
connecting the following points in order:

                        Table 1 to Paragraph (m)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]54.426'  89[deg]49.404'
B.......................................  27[deg]54.486'  89[deg]46.464'
C.......................................  27[deg]51.874'  89[deg]46.397'
D.......................................  27[deg]51.814'  89[deg]49.336'
A.......................................  27[deg]54.426'  89[deg]49.404'
------------------------------------------------------------------------

    (n) AT 357 HAPC. Deployment of a bottom longline, bottom trawl, 
buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the HAPC, which is bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (n)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]36.259'  89[deg]43.068'
B.......................................  27[deg]36.315'  89[deg]40.136'
C.......................................  27[deg]33.703'  89[deg]40.073'
D.......................................  27[deg]33.646'  89[deg]43.004'
A.......................................  27[deg]36.259'  89[deg]43.068'
------------------------------------------------------------------------

    (o) Green Canyon 852 HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the HAPC, which is bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (o)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]08.354'  91[deg]08.929'
B.......................................  27[deg]05.740'  91[deg]08.963'
C.......................................  27[deg]05.762'  91[deg]10.610'
D.......................................  27[deg]08.376'  91[deg]10.567'
A.......................................  27[deg]08.354'  91[deg]08.929'
------------------------------------------------------------------------

    (p) West Flower Garden Bank HAPC. Deployment of a bottom longline, 
bottom trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by 
fishing vessels are prohibited year-round in the HAPC, which is bounded 
by rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (p)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]55.380'  93[deg]53.160'
B.......................................  27[deg]55.380'  93[deg]46.767'
C.......................................  27[deg]49.050'  93[deg]46.767'
D.......................................  27[deg]49.050'  93[deg]53.160'
A.......................................  27[deg]55.380'  93[deg]53.160'
------------------------------------------------------------------------


[[Page 62500]]

    (q) East Flower Garden Bank HAPC. Deployment of a bottom longline, 
bottom trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by 
fishing vessels are prohibited year-round in the HAPC, which is bounded 
by rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (q)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]59.240'  93[deg]38.970'
B.......................................  27[deg]59.240'  93[deg]34.058'
C.......................................  27[deg]52.608'  93[deg]34.058'
D.......................................  27[deg]52.608'  93[deg]38.970'
A.......................................  27[deg]59.240'  93[deg]38.970'
------------------------------------------------------------------------

    (r) Stetson Bank HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the HAPC, which is bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (r)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  28[deg]10.638'  94[deg]18.608'
B.......................................  28[deg]10.638'  94[deg]17.105'
C.......................................  28[deg]09.310'  94[deg]17.105'
D.......................................  28[deg]09.310'  94[deg]18.608'
A.......................................  28[deg]10.638'  94[deg]18.608'
------------------------------------------------------------------------

    (s) Harte Bank HAPC. Deployment of a bottom longline, bottom trawl, 
buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the HAPC, which is bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (s)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  26[deg]40.826'  96[deg]36.590'
B.......................................  26[deg]40.789'  96[deg]32.220'
C.......................................  26[deg]37.992'  96[deg]32.308'
D.......................................  26[deg]38.043'  96[deg]36.636'
A.......................................  26[deg]40.826'  96[deg]36.590'
------------------------------------------------------------------------

    (t) Southern Bank HAPC. Deployment of a bottom longline, bottom 
trawl, buoy gear, dredge, pot, or trap, and bottom anchoring by fishing 
vessels are prohibited year-round in the HAPC, which is bounded by 
rhumb lines connecting the following points in order:

                        Table 1 to Paragraph (t)
------------------------------------------------------------------------
                  Point                     North lat.      West long.
------------------------------------------------------------------------
A.......................................  27[deg]26.923'  96[deg]31.902'
B.......................................  27[deg]26.989'  96[deg]30.881'
C.......................................  27[deg]25.958'  96[deg]31.134'
D.......................................  27[deg]25.958'  96[deg]31.892'
A.......................................  27[deg]26.923'  96[deg]31.902'
------------------------------------------------------------------------

PART 635--ATLANTIC HIGHLY MIGRATORY FISHERIES

0
3. The authority citation for part 635 continues to read as follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
4. In Sec.  635.21, revise paragraph (a)(3)(i) and add paragraph 
(a)(3)(v) to read as follows:


Sec.  635.21   Gear operation and deployment restrictions.

* * * * *
    (a) * * *

[[Page 62501]]

    (3) * * * (i) No person may fish for, catch, possess, or retain any 
Atlantic HMS or anchor a fishing vessel that has been issued a permit 
or is required to be permitted under this part, in the areas and 
seasons designated at Sec.  622.34(a)(3) of this chapter.
* * * * *
    (v) Within the areas of the Gulf coral HAPCs designated at Sec.  
622.74 of this chapter, no person may bottom anchor a fishing vessel or 
deploy fishing gear that may not be deployed pursuant to Sec.  622.74 
of this chapter. For purposes of this provision, fishing gear is 
deployed if any part of the gear is in contact with the water.
* * * * *
[FR Doc. 2019-24308 Filed 11-14-19; 8:45 am]
BILLING CODE 3510-22-P