Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 18, 6816-6819 [2020-01533]
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
252:205–1–1(c) introductory paragraph,
252:205–1–1(c)(1), 252:205–1–2 introductory
paragraph, 252:205–1–2 ‘‘OHWMA’’,
252:205–1–2 ‘‘Post-closure permit’’, 252:205–
1–3(c); Subchapter 3, Sections 252:205–3–1
introductory paragraph, 252:205–3–1(1),
252:205–3–2(a)(2), 252:205–3–2(b), 252:205–
3–2(c) (2017 Supplement), 252:205–3–2(d)
through (n), 252:205–3–4 through 252:205–3–
6; Subchapter 5, Sections 252:205–5–1
(except 252:205–5–1(4)), 252:205–5–2
through 252:205–5–5; Subchapter 7, Sections
252:205–7–2, 252:205–7–4 (except the phrase
‘‘or in accordance with 252:205–15–1(d)’’);
Subchapter 9, Sections 252:205–9–1 through
252:205–9–4; Subchapter 11, Sections
252:205–11–1(a) (except the word
‘‘recycling’’), 252:205–11–1(b) through (e),
252:205–11–2; and Subchapter 13, Sections
252:205–13–1(a) through (e), as published by
the State’s Office of Administrative Rules,
Secretary of State, P.O. Box 53390, Oklahoma
City, OK 73152–3390; Phone number: 405–
521–4911; website: https://www.sos.ok.gov/
oar/Default.aspx.
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[FR Doc. 2020–01478 Filed 2–5–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200123–0027]
RIN 0648–BI96
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Amendment 18
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 18 to the
Fishery Management Plan (FMP) for the
Shrimp Fishery of the Gulf of Mexico
U.S. Waters (Amendment 18), as
prepared and submitted by the Gulf of
Mexico (Gulf) Fishery Management
Council (Council). This final rule will
modify the target reduction goal for
juvenile red snapper mortality in the
Federal Gulf penaeid shrimp trawl
fishery, and will modify the FMP
framework procedures. The purposes of
Amendment 18 are to promote
economic stability, to achieve optimum
yield in the Federal Gulf shrimp fishery
by reducing effort constraints, and to
equitably distribute the benefits from
red snapper rebuilding, while
continuing to protect the Gulf red
snapper stock.
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SUMMARY:
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This final rule is effective March
9, 2020.
ADDRESSES: Electronic copies of
Amendment 18, which includes a
fishery impact statement, a Regulatory
Flexibility Act analysis, and a regulatory
impact review, may be obtained from
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-18-modifying-shrimp-effortthreshold.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 727–824–5305,
or email: Frank.Helies@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).
On August 1, 2019, NMFS published
a notice of availability for Amendment
18 and requested public comment (84
FR 37611). NMFS approved
Amendment 18 on October 25, 2019. On
August 29, 2019, NMFS published a
proposed rule for Amendment 18 and
requested public comment (84 FR
45459). The proposed rule and
Amendment 18 outline the rationale for
the action contained in this final rule.
A summary of the management
measures described in Amendment 18
and implemented by this final rule is
provided below.
The 2005 Southeast Data, Assessment,
and Review (SEDAR) 7 stock assessment
for Gulf red snapper identified bycatch
of red snapper by the Gulf shrimp
fishery as a primary factor affecting the
recovery of the stock (SEDAR 7 2005).
The assessment indicated a need to
reduce the red snapper bycatch
mortality attributed to shrimp trawls by
74 percent, compared to levels of effort
and mortality experienced during the
baseline 2001–2003 period.
To end overfishing of red snapper and
rebuild the stock by 2032 in compliance
with the rebuilding plan, the Council
developed Amendment 14 to the FMP to
cap shrimp fishing effort in statistical
zones 10–21 in the 10–30 fathom (18.29
m–54.86 m) depth zone of the western
Gulf (i.e., the area monitored for
juvenile red snapper bycatch). The
reduction goal for juvenile red snapper
mortality was linked to a reduction in
shrimp fishing effort of 74 percent
below fishing effort during the baseline
2001–2003 period. Consistent with
Amendment 14, NMFS reduced the
threshold level to 67 percent of the
baseline in 2011. Amendment 14 also
stated that the target reduction goal
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should decrease to 60 percent (i.e.,
shrimp effort could increase) by 2032
(the final year of the red snapper
rebuilding plan).
The Gulf red snapper stock is no
longer overfished or undergoing
overfishing, and continues to rebuild,
consistent with the rebuilding plan
(SEDAR 52 2018). Also, as described in
Amendment 18, recent research
indicates that the effect of the shrimp
fishery on red snapper mortality is less
than previously determined. In response
to a request by the Council, the NMFS
Southeast Fisheries Science Center
(SEFSC) conducted an analysis to
determine if effort in the shrimp fishery
could increase without affecting red
snapper rebuilding. The analysis
indicated that increasing shrimp effort
to the level considered in Amendment
14 (60 percent below the baseline years
of 2001–2003) is unlikely to affect the
rebuilding timeline of red snapper, and
would have little impact on red snapper
annual catch limits.
Management Measures Codified in This
Final Rule
This final rule implements measures
to modify the target reduction goal for
juvenile red snapper mortality in the
Federal Gulf shrimp trawl fishery, and
modifies the FMP framework
procedures.
Target Reduction Goal
This final rule implements a
reduction for trawl bycatch mortality on
red snapper to 60 percent below the
baseline effort in the years 2001–2003.
As discussed in Amendment 18 and the
proposed rule, the analysis done by the
SEFSC indicates that allowing shrimp
effort to increase consistent with the
lower threshold would not impact the
red snapper rebuilding plan established
in Amendment 22 to the Reef Fish FMP
(70 FR 32266; June 2, 2005), and would
have only a small impact on red snapper
catch levels. The projected reduction in
the red snapper acceptable biological
catch (ABC) in the short term (over the
next 3 years) is no more than 100,000
lb (45,359 kg) per year and, in the long
term, no more than 200,000 lb (90,719
kg) per year.
FMP Framework Procedures
This final rule revises the FMP
framework procedure to allow changes
to the target reduction goal for juvenile
red snapper mortality through the
standard open framework
documentation process. This final rule
also modifies the FMP abbreviated
documentation process to allow
specification of an ABC recommended
by the Council’s Scientific and
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Statistical Committee (SSC) based on
results of a new stock assessment and
using the Council’s ABC control rule.
The changes to the framework
procedure in Amendment 18 provide for
consistency across all abbreviated
framework procedures under the
Council’s jurisdiction and could
facilitate faster management action, if
necessary, for the Council by providing
a more streamlined approach to modify
any future effort reduction goals.
Measures in This Final Rule Not
Contained in Amendment 18
This final rule replaces the term
‘‘Letter of Authorization (LOA)’’ with
‘‘Gear Test Authorization (GTA)’’ in 50
CFR 622.53, Bycatch Reduction Device
Requirements, paragraphs (a)(2)(i)(B)
and (ii). This change was made in
Bycatch Reduction Device Testing
Manual when it was revised in 2016 (81
FR 95056; December 27, 2016), and this
change makes the terminology in the
regulations consistent with the
terminology in the manual.
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Changes From the Proposed Rule
In the proposed rule, paragraph (d)(1)
of § 622.55 did not specify the correct
number of annual days fished associated
with the 60-percent target reduction.
Therefore, NMFS replaces ‘‘27,328 days
fished’’ with the correct number of
‘‘33,124 days fished’’ in the regulatory
text of this final rule. The entirety of the
affected sentence reads as follows: ‘‘The
RA’s determination of the need for such
closure and its geographical scope and
duration will be based on an annual
assessment, by the Southeast Fisheries
Science Center, of the shrimp effort and
associated shrimp trawl bycatch
mortality on red snapper in the 10–30
fathom area of statistical zones 10–21,
compared to the 60-percent target
reduction of shrimp trawl bycatch
mortality on red snapper from the
benchmark years of 2001–2003
established in the FMP (which
corresponds in terms of annual shrimp
effort to 33,124 days fished).’’
Comments and Responses
NMFS received 593 comments on
Amendment 18 and the proposed rule
from recreational fishers, the general
public, commercial fishing
organizations, and non-governmental
organizations. Two comments
supported the actions in Amendment
18. The majority of comments opposed
modifying the shrimp fishing effort
threshold. Some comments suggested
management measures to address
bycatch in the shrimp trawl fishery
including implementing fishing seasons,
adding more gear restrictions, adjusting
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catch limits, and transferring
management of the Gulf shrimp fishery
to the Gulf states. However, as stated
earlier, one of the purposes of this
action is to achieve optimum yield in
the Federal Gulf shrimp fishery (as
required by National Standard 1) by
reducing effort constraints, as well as to
equitably distribute the benefits from
red snapper rebuilding, while
continuing to protect the Gulf red
snapper stock. Thus, these comments
regarding additional measures to
address bycatch in the shrimp trawl
fishery are beyond the scope of
Amendment 18 and the proposed rule,
and are not addressed further.
Comments specific to Amendment 18
and the proposed rule are grouped as
appropriate and summarized below,
each followed by NMFS’ respective
response.
Comment 1: NMFS should not modify
the target reduction goal for juvenile red
snapper mortality in the Federal Gulf
shrimp trawl fishery because there is no
scientific information to support the
conclusion that this change will not
result in unacceptable levels of bycatch
of fish, sea turtles, and other species.
Response: The best scientific
information available indicates that this
action will not have substantial impacts
to levels of bycatch for fish, sea turtles,
or other species. The reduction in the
effort threshold in this final rule may
allow more shrimp fishing effort to
occur in the statistical zones 10–21 in
the 10–30 fathom (18.29 m–54.86 m)
depth zone of the western Gulf.
However, effort in this area has not met
the current threshold and NMFS does
not expect a substantial increase in
Gulf-wide effort to result from reducing
the threshold. As explained in
Amendment 18, Gulf-wide effort in the
shrimp fishery has been constrained by
a permit moratorium that has been in
place since 2007, as well as economic
factors, such as high fuel costs and
reduced prices caused by competition
with imports.
In addition, the Council and NMFS
have reduced finfish bycatch by
requiring the use of bycatch reduction
devices and, as explained in more detail
in the response to Comment 2, an
SEFSC analysis concluded that the
maximum possible increase in shrimp
effort permitted under this rule would
not impact red snapper rebuilding.
Potential impacts to sea turtles have
been addressed in an Endangered
Species Act (ESA) formal consultation.
The reduction in the effort threshold
implemented through this final rule will
not change the amount of sea turtle take
authorized under the ESA. The fishery’s
impact on sea turtles is monitored by
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turtle excluder device (TED) compliance
levels and through an effort metric
separate from that addressed in this
final rule.
Comment 2: Allowing an increase in
shrimp trawl effort will delay recovery
of the Gulf red snapper stock and result
in future lower recreational catch limits.
Response: NMFS disagrees that the
moderate increase in shrimp trawl effort
possible through this final rule will alter
the Gulf red snapper rebuilding plan
time period. The SEFSC analysis
contained in Amendment 18 concluded
that the maximum possible increase in
shrimp effort permitted under this rule
would not impact red snapper
rebuilding. This analysis noted that red
snapper mortality due to discards
during the closed red snapper
recreational season is much greater than
was predicted at the time the initial
shrimp effort reduction threshold was
put in place in 2008. In addition, recent
research shows that natural mortality of
juvenile red snapper is greater than
previously indicated, which means that
mortality due to shrimp trawl bycatch
has a smaller influence on the red
snapper population than previously
thought.
With respect to red snapper catch
limits, NMFS agrees that a reduction in
total red snapper allowable catch is
predicted over the remainder of the
rebuilding time period if the maximum
possible increase in shrimp effort
occurs. However, shrimp effort has not
exceeded the current allowable level in
more than 10 years. Further, the
reduction of the total allowable catch is
predicted to be only 100,000 lb (45,359
kg), annually over the next 3 years, or
0.66 percent of the overall quota. For the
recreational private angling component,
the greatest possible reduction in the
catch level would be approximately
28,273 lb (12,824 kg), annually, or less
than 1 percent of the Gulf-wide privateangling component quota. For the
recreational for-hire component, the
greatest possible reduction in the catch
level would be approximately 20,727 lb
(9,402 kg), annually, or less than one
percent of the for-hire component quota.
However, any change in red snapper
catch levels would not occur until the
completion of a new stock assessment,
which is scheduled to begin in 2021.
Comment 3: The proposed target
reduction goal should be phased in over
several fishing seasons.
Response: The Council initially
considered an alternative that would
have phased-in the implementation of
the target reduction. However, the
Council removed this alternative from
further consideration because
Amendment 18 also modifies the
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framework procedure to allow a more
streamlined approach to modify any
future effort reduction goals. This will
allow the Council to more timely
address any new information that
indicates the threshold should be
changed. The Council also considered
an alternative that would have reduced
the threshold to 63 percent rather then
to 60 percent, but the SEFSC analysis
concluded that there would be
negligible changes in red snapper catch
levels under any of the reduction targets
alternatives (63, 60, and 56 percent)
considered in Amendment 18.
Therefore, the Council determined, and
NMFS agrees, that is appropriate to
reduce the threshold directly to 60
percent through this final rule.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
consistent with Amendment 18, 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. This final rule
is considered an Executive Order 13771
deregulatory action. The potential cost
savings from this final rule are
estimated to be $3.51 million in 2016
dollars, discounted at 7 percent in
perpetuity.
The Magnuson-Stevens Act provides
the legal basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting and recordkeeping requirements are introduced by
this rule. Accordingly, the Paperwork
Reduction Act does not apply to this
rule. A description of this final rule,
why it is being implemented, and the
purposes of this rule are contained in
the preamble and in the SUMMARY
section of the preamble. The objectives
of this rule are to promote economic
stability in the Federal Gulf shrimp
fishery by reducing effort constraints
and to equitably distribute the benefits
from red snapper rebuilding, while
continuing to protect the Gulf red
snapper stock.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
NMFS did not receive any comments
from SBA’s Office of Advocacy or the
public regarding the economic analysis
of Amendment 18 or the certification in
the proposed rule. No changes to this
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final rule were made in response to
public comments. The factual basis for
the certification was published in the
proposed rule and is not repeated here.
Because this final rule is not expected
to have a significant economic impact
on a substantial number of small
entities, a final regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Bycatch, Commercial, Fisheries,
Fishing, Framework, Gulf, Red snapper,
Shrimp, Target reduction goal.
Dated: January 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, 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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.53, revise paragraphs
(a)(2)(i)(B) and (a)(2)(ii) to read as
follows:
■
§ 622.53 Bycatch reduction device (BRD)
requirements.
(a) * * *
(2) * * *
(i) * * *
(B) After reviewing the application,
the RA will determine whether to issue
a Gear Test Authorization (GTA) to
conduct pre-certification trials upon the
vessel specified in the application. If the
RA authorizes pre-certification, the RA’s
GTA must be on board the vessel during
any trip involving the BRD testing.
(ii) Certification. A person who
proposes a BRD for certification for use
in the Gulf EEZ must submit an
application to test such BRD, conduct
the testing, and submit the results of the
test in accordance with the ‘‘Bycatch
Reduction Device Testing Manual.’’ The
RA will issue a GTA to conduct
certification trials upon the vessel
specified in the application if the RA
finds that: The operation plan submitted
with the application meets the
requirements of the ‘‘Bycatch Reduction
Device Testing Manual’’; the observer
identified in the application is qualified;
and the results of any pre-certification
trials conducted have been reviewed
and deemed to indicate a reasonable
scientific basis for conducting
certification testing. If an application for
a GTA is denied, the RA will provide a
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letter of explanation to the applicant,
together with relevant recommendations
to address the deficiencies that resulted
in the denial. To be certified for use in
the fishery, the BRD candidate must
successfully demonstrate a 30 percent
reduction in total weight of finfish
bycatch. In addition, the BRD candidate
must satisfy the following conditions:
There is at least a 50-percent probability
the true reduction rate of the BRD
candidate meets the bycatch reduction
criterion and there is no more than a 10percent probability the true reduction
rate of the BRD candidate is more than
5 percentage points less than the
bycatch reduction criterion. If a BRD
meets both conditions, consistent with
the ‘‘Bycatch Reduction Device Testing
Manual,’’ NMFS, through appropriate
rulemaking procedures, will add the
BRD to the list of certified BRDs in
paragraph (a)(3) of this section; and
provide the specifications for the newly
certified BRD, including any special
conditions deemed appropriate based
on the certification testing results.
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■ 3. In 622.55, revise paragraph (d)(1) to
read as follows:
§ 622.55
Closed areas.
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(d) * * *
(1) Procedure for determining need for
and extent of closures. Each year, in
accordance with the applicable
framework procedure established by the
Gulf Shrimp FMP, the RA will, if
necessary, establish a seasonal area
closure for the shrimp fishery in all or
a portion of the areas of the Gulf EEZ
specified in paragraphs (d)(2) through
(4) of this section. The RA’s
determination of the need for such
closure and its geographical scope and
duration will be based on an annual
assessment, by the Southeast Fisheries
Science Center, of the shrimp effort and
associated shrimp trawl bycatch
mortality on red snapper in the 10–30
fathom area of statistical zones 10–21,
compared to the 60-percent target
reduction of shrimp trawl bycatch
mortality on red snapper from the
benchmark years of 2001–2003
established in the FMP (which
corresponds in terms of annual shrimp
effort to 33,124 days fished). The
framework procedure provides for
adjustment of this target reduction level,
consistent with the red snapper stock
rebuilding plan and the findings of
subsequent stock assessments, via
appropriate rulemaking. The assessment
will use shrimp effort data for the most
recent 12-month period available and
will include a recommendation
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regarding the geographical scope and
duration of the closure. The Southeast
Fisheries Science Center’s assessment
will be provided to the RA on or about
March 1 of each year. If the RA
determines that a closure is necessary,
the closure falls within the scope of the
potential closures evaluated in the Gulf
Shrimp FMP, and good cause exists to
waive notice and comment, NMFS will
implement the closure by publication of
a final rule in the Federal Register. If
such good cause waiver is not justified,
NMFS will implement the closure via
appropriate notice and comment
rulemaking. NMFS intends that any
closure implemented consistent with
this paragraph (d)(l) will begin on the
same date and time as the Texas closure,
as described in paragraph (a) of this
section, unless circumstances dictate
otherwise.
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■ 4. In § 622.60, revised paragraphs (a)
and (b) to read as follows:
§ 622.60 Adjustment of management
measures.
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(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, acceptable 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, and target effort
reduction for juvenile red snapper
mortality.
(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
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rules, rebuilding plans, and restrictions
relative to conditions of harvested
shrimp (maintaining shrimp in whole
condition, use as bait), and target effort
reduction for juvenile red snapper
mortality.
[FR Doc. 2020–01533 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200124–0029]
RIN 0648–BI84
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendments 50A–F
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures
described in Amendments 50A, 50B,
50C, 50D, 50E, and 50F to the Fishery
Management Plan for Reef Fish
Resources in the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico
Fishery Management Council (Council)
(Amendments 50A–F). This final rule
delegates authority to Louisiana,
Mississippi, Alabama, Florida, and
Texas (Gulf states), to establish specific
management measures for the harvest of
red snapper in Federal waters in the
Gulf of Mexico (Gulf) by the private
angling component of the recreational
sector. The purposes of this final rule
and Amendments 50A–F are to increase
fishing opportunities and economic
benefits by allowing each Gulf state to
establish specific management measures
for the recreational harvest of red
snapper in Federal waters by private
anglers landing in that state.
DATES: This final rule is effective
February 6, 2020.
ADDRESSES: Electronic copies of
Amendments 50A–F may be obtained
from the website: https://
www.fisheries.noaa.gov/action/
amendment-50a-f-state-managementprogram-recreational-red-snapper.
Amendments 50A–F include an
environmental impact statement,
environmental assessments, a fishery
impact statement, a regulatory impact
review, and a Regulatory Flexibility Act
(RFA) analysis.
SUMMARY:
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6819
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, NMFS Southeast
Regional Office, telephone: 727–824–
5305; email: lauren.waters@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes red snapper,
under the FMP. The Council prepared
the FMP and NMFS implements the
FMP through regulations at 50 CFR part
622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On August 6, 2019, NMFS published
a notice of availability for Amendments
50A–F and requested public comment
(84 FR 38198). On October 2, 2019,
NMFS published a proposed rule for
Amendments 50A–F and requested
public comment (84 FR 52438). NMFS
approved Amendments 50A–F on
November 6, 2019. The proposed rule
and Amendments 50A–F outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Amendments 50A–F and implemented
by this final rule is described below.
All weights described in this final
rule are in round weight.
Background
The red snapper stock annual catch
limit (ACL) is divided into commercial
(51 percent) and recreational (49
percent) sector allocations. In 2015,
through Amendment 40 to the FMP, the
recreational sector was separated into a
private angling component and a
Federal charter vessel and headboat (forhire) component until 2022 (80 FR
22422, April 22, 2015). Within the
recreational sector, the recreational ACL
is allocated 57.7 percent to the private
angling component and 42.3 percent to
the for-hire component. Recreational
harvest of red snapper in Gulf Federal
waters is managed through a two-fish
bag limit, a 16-inch (40.6 cm), total
length (TL), minimum size limit, and
fishing seasons for each component that
begin on June 1 and close when the
annual catch target (ACT) of the
respective recreational component is
projected to be reached. However, for
the 2018 and 2019 fishing years, NMFS
issued exempted fishing permits (EFP)
to each of the five Gulf states to allow
each state to set the fishing season for
private anglers landing in that state. The
fishing season for the for-hire
component continues to be set by
NMFS. The Gulf red snapper stock is
not undergoing overfishing, and is not
overfished but continues to be managed
under a rebuilding plan that ends in
2032.
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6816-6819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01533]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200123-0027]
RIN 0648-BI96
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 18
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Amendment 18 to the
Fishery Management Plan (FMP) for the Shrimp Fishery of the Gulf of
Mexico U.S. Waters (Amendment 18), as prepared and submitted by the
Gulf of Mexico (Gulf) Fishery Management Council (Council). This final
rule will modify the target reduction goal for juvenile red snapper
mortality in the Federal Gulf penaeid shrimp trawl fishery, and will
modify the FMP framework procedures. The purposes of Amendment 18 are
to promote economic stability, to achieve optimum yield in the Federal
Gulf shrimp fishery by reducing effort constraints, and to equitably
distribute the benefits from red snapper rebuilding, while continuing
to protect the Gulf red snapper stock.
DATES: This final rule is effective March 9, 2020.
ADDRESSES: Electronic copies of Amendment 18, which includes a fishery
impact statement, a Regulatory Flexibility Act analysis, and a
regulatory impact review, may be obtained from the Southeast Regional
Office website at https://www.fisheries.noaa.gov/action/amendment-18-modifying-shrimp-effort-threshold.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: [email protected].
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 1, 2019, NMFS published a notice of availability for
Amendment 18 and requested public comment (84 FR 37611). NMFS approved
Amendment 18 on October 25, 2019. On August 29, 2019, NMFS published a
proposed rule for Amendment 18 and requested public comment (84 FR
45459). The proposed rule and Amendment 18 outline the rationale for
the action contained in this final rule. A summary of the management
measures described in Amendment 18 and implemented by this final rule
is provided below.
The 2005 Southeast Data, Assessment, and Review (SEDAR) 7 stock
assessment for Gulf red snapper identified bycatch of red snapper by
the Gulf shrimp fishery as a primary factor affecting the recovery of
the stock (SEDAR 7 2005). The assessment indicated a need to reduce the
red snapper bycatch mortality attributed to shrimp trawls by 74
percent, compared to levels of effort and mortality experienced during
the baseline 2001-2003 period.
To end overfishing of red snapper and rebuild the stock by 2032 in
compliance with the rebuilding plan, the Council developed Amendment 14
to the FMP to cap shrimp fishing effort in statistical zones 10-21 in
the 10-30 fathom (18.29 m-54.86 m) depth zone of the western Gulf
(i.e., the area monitored for juvenile red snapper bycatch). The
reduction goal for juvenile red snapper mortality was linked to a
reduction in shrimp fishing effort of 74 percent below fishing effort
during the baseline 2001-2003 period. Consistent with Amendment 14,
NMFS reduced the threshold level to 67 percent of the baseline in 2011.
Amendment 14 also stated that the target reduction goal should decrease
to 60 percent (i.e., shrimp effort could increase) by 2032 (the final
year of the red snapper rebuilding plan).
The Gulf red snapper stock is no longer overfished or undergoing
overfishing, and continues to rebuild, consistent with the rebuilding
plan (SEDAR 52 2018). Also, as described in Amendment 18, recent
research indicates that the effect of the shrimp fishery on red snapper
mortality is less than previously determined. In response to a request
by the Council, the NMFS Southeast Fisheries Science Center (SEFSC)
conducted an analysis to determine if effort in the shrimp fishery
could increase without affecting red snapper rebuilding. The analysis
indicated that increasing shrimp effort to the level considered in
Amendment 14 (60 percent below the baseline years of 2001-2003) is
unlikely to affect the rebuilding timeline of red snapper, and would
have little impact on red snapper annual catch limits.
Management Measures Codified in This Final Rule
This final rule implements measures to modify the target reduction
goal for juvenile red snapper mortality in the Federal Gulf shrimp
trawl fishery, and modifies the FMP framework procedures.
Target Reduction Goal
This final rule implements a reduction for trawl bycatch mortality
on red snapper to 60 percent below the baseline effort in the years
2001-2003. As discussed in Amendment 18 and the proposed rule, the
analysis done by the SEFSC indicates that allowing shrimp effort to
increase consistent with the lower threshold would not impact the red
snapper rebuilding plan established in Amendment 22 to the Reef Fish
FMP (70 FR 32266; June 2, 2005), and would have only a small impact on
red snapper catch levels. The projected reduction in the red snapper
acceptable biological catch (ABC) in the short term (over the next 3
years) is no more than 100,000 lb (45,359 kg) per year and, in the long
term, no more than 200,000 lb (90,719 kg) per year.
FMP Framework Procedures
This final rule revises the FMP framework procedure to allow
changes to the target reduction goal for juvenile red snapper mortality
through the standard open framework documentation process. This final
rule also modifies the FMP abbreviated documentation process to allow
specification of an ABC recommended by the Council's Scientific and
[[Page 6817]]
Statistical Committee (SSC) based on results of a new stock assessment
and using the Council's ABC control rule. The changes to the framework
procedure in Amendment 18 provide for consistency across all
abbreviated framework procedures under the Council's jurisdiction and
could facilitate faster management action, if necessary, for the
Council by providing a more streamlined approach to modify any future
effort reduction goals.
Measures in This Final Rule Not Contained in Amendment 18
This final rule replaces the term ``Letter of Authorization (LOA)''
with ``Gear Test Authorization (GTA)'' in 50 CFR 622.53, Bycatch
Reduction Device Requirements, paragraphs (a)(2)(i)(B) and (ii). This
change was made in Bycatch Reduction Device Testing Manual when it was
revised in 2016 (81 FR 95056; December 27, 2016), and this change makes
the terminology in the regulations consistent with the terminology in
the manual.
Changes From the Proposed Rule
In the proposed rule, paragraph (d)(1) of Sec. 622.55 did not
specify the correct number of annual days fished associated with the
60-percent target reduction. Therefore, NMFS replaces ``27,328 days
fished'' with the correct number of ``33,124 days fished'' in the
regulatory text of this final rule. The entirety of the affected
sentence reads as follows: ``The RA's determination of the need for
such closure and its geographical scope and duration will be based on
an annual assessment, by the Southeast Fisheries Science Center, of the
shrimp effort and associated shrimp trawl bycatch mortality on red
snapper in the 10-30 fathom area of statistical zones 10-21, compared
to the 60-percent target reduction of shrimp trawl bycatch mortality on
red snapper from the benchmark years of 2001-2003 established in the
FMP (which corresponds in terms of annual shrimp effort to 33,124 days
fished).''
Comments and Responses
NMFS received 593 comments on Amendment 18 and the proposed rule
from recreational fishers, the general public, commercial fishing
organizations, and non-governmental organizations. Two comments
supported the actions in Amendment 18. The majority of comments opposed
modifying the shrimp fishing effort threshold. Some comments suggested
management measures to address bycatch in the shrimp trawl fishery
including implementing fishing seasons, adding more gear restrictions,
adjusting catch limits, and transferring management of the Gulf shrimp
fishery to the Gulf states. However, as stated earlier, one of the
purposes of this action is to achieve optimum yield in the Federal Gulf
shrimp fishery (as required by National Standard 1) by reducing effort
constraints, as well as to equitably distribute the benefits from red
snapper rebuilding, while continuing to protect the Gulf red snapper
stock. Thus, these comments regarding additional measures to address
bycatch in the shrimp trawl fishery are beyond the scope of Amendment
18 and the proposed rule, and are not addressed further. Comments
specific to Amendment 18 and the proposed rule are grouped as
appropriate and summarized below, each followed by NMFS' respective
response.
Comment 1: NMFS should not modify the target reduction goal for
juvenile red snapper mortality in the Federal Gulf shrimp trawl fishery
because there is no scientific information to support the conclusion
that this change will not result in unacceptable levels of bycatch of
fish, sea turtles, and other species.
Response: The best scientific information available indicates that
this action will not have substantial impacts to levels of bycatch for
fish, sea turtles, or other species. The reduction in the effort
threshold in this final rule may allow more shrimp fishing effort to
occur in the statistical zones 10-21 in the 10-30 fathom (18.29 m-54.86
m) depth zone of the western Gulf. However, effort in this area has not
met the current threshold and NMFS does not expect a substantial
increase in Gulf-wide effort to result from reducing the threshold. As
explained in Amendment 18, Gulf-wide effort in the shrimp fishery has
been constrained by a permit moratorium that has been in place since
2007, as well as economic factors, such as high fuel costs and reduced
prices caused by competition with imports.
In addition, the Council and NMFS have reduced finfish bycatch by
requiring the use of bycatch reduction devices and, as explained in
more detail in the response to Comment 2, an SEFSC analysis concluded
that the maximum possible increase in shrimp effort permitted under
this rule would not impact red snapper rebuilding. Potential impacts to
sea turtles have been addressed in an Endangered Species Act (ESA)
formal consultation. The reduction in the effort threshold implemented
through this final rule will not change the amount of sea turtle take
authorized under the ESA. The fishery's impact on sea turtles is
monitored by turtle excluder device (TED) compliance levels and through
an effort metric separate from that addressed in this final rule.
Comment 2: Allowing an increase in shrimp trawl effort will delay
recovery of the Gulf red snapper stock and result in future lower
recreational catch limits.
Response: NMFS disagrees that the moderate increase in shrimp trawl
effort possible through this final rule will alter the Gulf red snapper
rebuilding plan time period. The SEFSC analysis contained in Amendment
18 concluded that the maximum possible increase in shrimp effort
permitted under this rule would not impact red snapper rebuilding. This
analysis noted that red snapper mortality due to discards during the
closed red snapper recreational season is much greater than was
predicted at the time the initial shrimp effort reduction threshold was
put in place in 2008. In addition, recent research shows that natural
mortality of juvenile red snapper is greater than previously indicated,
which means that mortality due to shrimp trawl bycatch has a smaller
influence on the red snapper population than previously thought.
With respect to red snapper catch limits, NMFS agrees that a
reduction in total red snapper allowable catch is predicted over the
remainder of the rebuilding time period if the maximum possible
increase in shrimp effort occurs. However, shrimp effort has not
exceeded the current allowable level in more than 10 years. Further,
the reduction of the total allowable catch is predicted to be only
100,000 lb (45,359 kg), annually over the next 3 years, or 0.66 percent
of the overall quota. For the recreational private angling component,
the greatest possible reduction in the catch level would be
approximately 28,273 lb (12,824 kg), annually, or less than 1 percent
of the Gulf-wide private-angling component quota. For the recreational
for-hire component, the greatest possible reduction in the catch level
would be approximately 20,727 lb (9,402 kg), annually, or less than one
percent of the for-hire component quota. However, any change in red
snapper catch levels would not occur until the completion of a new
stock assessment, which is scheduled to begin in 2021.
Comment 3: The proposed target reduction goal should be phased in
over several fishing seasons.
Response: The Council initially considered an alternative that
would have phased-in the implementation of the target reduction.
However, the Council removed this alternative from further
consideration because Amendment 18 also modifies the
[[Page 6818]]
framework procedure to allow a more streamlined approach to modify any
future effort reduction goals. This will allow the Council to more
timely address any new information that indicates the threshold should
be changed. The Council also considered an alternative that would have
reduced the threshold to 63 percent rather then to 60 percent, but the
SEFSC analysis concluded that there would be negligible changes in red
snapper catch levels under any of the reduction targets alternatives
(63, 60, and 56 percent) considered in Amendment 18. Therefore, the
Council determined, and NMFS agrees, that is appropriate to reduce the
threshold directly to 60 percent through this final rule.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is consistent with Amendment 18, 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. This final rule is considered an
Executive Order 13771 deregulatory action. The potential cost savings
from this final rule are estimated to be $3.51 million in 2016 dollars,
discounted at 7 percent in perpetuity.
The Magnuson-Stevens Act provides the legal basis for this rule. No
duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting and record-keeping
requirements are introduced by this rule. Accordingly, the Paperwork
Reduction Act does not apply to this rule. A description of this final
rule, why it is being implemented, and the purposes of this rule are
contained in the preamble and in the SUMMARY section of the preamble.
The objectives of this rule are to promote economic stability in the
Federal Gulf shrimp fishery by reducing effort constraints and to
equitably distribute the benefits from red snapper rebuilding, while
continuing to protect the Gulf red snapper stock.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule, if
adopted, would not have a significant economic impact on a substantial
number of small entities. NMFS did not receive any comments from SBA's
Office of Advocacy or the public regarding the economic analysis of
Amendment 18 or the certification in the proposed rule. No changes to
this final rule were made in response to public comments. The factual
basis for the certification was published in the proposed rule and is
not repeated here. Because this final rule is not expected to have a
significant economic impact on a substantial number of small entities,
a final regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Bycatch, Commercial, Fisheries, Fishing, Framework, Gulf, Red
snapper, Shrimp, Target reduction goal.
Dated: January 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, 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. 622.53, revise paragraphs (a)(2)(i)(B) and (a)(2)(ii) to
read as follows:
Sec. 622.53 Bycatch reduction device (BRD) requirements.
(a) * * *
(2) * * *
(i) * * *
(B) After reviewing the application, the RA will determine whether
to issue a Gear Test Authorization (GTA) to conduct pre-certification
trials upon the vessel specified in the application. If the RA
authorizes pre-certification, the RA's GTA must be on board the vessel
during any trip involving the BRD testing.
(ii) Certification. A person who proposes a BRD for certification
for use in the Gulf EEZ must submit an application to test such BRD,
conduct the testing, and submit the results of the test in accordance
with the ``Bycatch Reduction Device Testing Manual.'' The RA will issue
a GTA to conduct certification trials upon the vessel specified in the
application if the RA finds that: The operation plan submitted with the
application meets the requirements of the ``Bycatch Reduction Device
Testing Manual''; the observer identified in the application is
qualified; and the results of any pre-certification trials conducted
have been reviewed and deemed to indicate a reasonable scientific basis
for conducting certification testing. If an application for a GTA is
denied, the RA will provide a letter of explanation to the applicant,
together with relevant recommendations to address the deficiencies that
resulted in the denial. To be certified for use in the fishery, the BRD
candidate must successfully demonstrate a 30 percent reduction in total
weight of finfish bycatch. In addition, the BRD candidate must satisfy
the following conditions: There is at least a 50-percent probability
the true reduction rate of the BRD candidate meets the bycatch
reduction criterion and there is no more than a 10-percent probability
the true reduction rate of the BRD candidate is more than 5 percentage
points less than the bycatch reduction criterion. If a BRD meets both
conditions, consistent with the ``Bycatch Reduction Device Testing
Manual,'' NMFS, through appropriate rulemaking procedures, will add the
BRD to the list of certified BRDs in paragraph (a)(3) of this section;
and provide the specifications for the newly certified BRD, including
any special conditions deemed appropriate based on the certification
testing results.
* * * * *
0
3. In 622.55, revise paragraph (d)(1) to read as follows:
Sec. 622.55 Closed areas.
* * * * *
(d) * * *
(1) Procedure for determining need for and extent of closures. Each
year, in accordance with the applicable framework procedure established
by the Gulf Shrimp FMP, the RA will, if necessary, establish a seasonal
area closure for the shrimp fishery in all or a portion of the areas of
the Gulf EEZ specified in paragraphs (d)(2) through (4) of this
section. The RA's determination of the need for such closure and its
geographical scope and duration will be based on an annual assessment,
by the Southeast Fisheries Science Center, of the shrimp effort and
associated shrimp trawl bycatch mortality on red snapper in the 10-30
fathom area of statistical zones 10-21, compared to the 60-percent
target reduction of shrimp trawl bycatch mortality on red snapper from
the benchmark years of 2001-2003 established in the FMP (which
corresponds in terms of annual shrimp effort to 33,124 days fished).
The framework procedure provides for adjustment of this target
reduction level, consistent with the red snapper stock rebuilding plan
and the findings of subsequent stock assessments, via appropriate
rulemaking. The assessment will use shrimp effort data for the most
recent 12-month period available and will include a recommendation
[[Page 6819]]
regarding the geographical scope and duration of the closure. The
Southeast Fisheries Science Center's assessment will be provided to the
RA on or about March 1 of each year. If the RA determines that a
closure is necessary, the closure falls within the scope of the
potential closures evaluated in the Gulf Shrimp FMP, and good cause
exists to waive notice and comment, NMFS will implement the closure by
publication of a final rule in the Federal Register. If such good cause
waiver is not justified, NMFS will implement the closure via
appropriate notice and comment rulemaking. NMFS intends that any
closure implemented consistent with this paragraph (d)(l) will begin on
the same date and time as the Texas closure, as described in paragraph
(a) of this section, unless circumstances dictate otherwise.
* * * * *
0
4. In Sec. 622.60, revised 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, acceptable
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, and target effort reduction for juvenile
red snapper mortality.
(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), and target effort reduction for juvenile red snapper
mortality.
[FR Doc. 2020-01533 Filed 2-5-20; 8:45 am]
BILLING CODE 3510-22-P
