Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the South Atlantic States; Amendment 11, 41513-41514 [2020-14815]

Download as PDF Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Proposed Rules BIA Service Provider. The map will be current as of the date it is printed, and mailed to the mailing address provided at the time of request; or (b) Requesting a physical copy in person at any of the offices listed in this section. § 2569.602 How will the BLM certify that the land is free of known contaminants? The BLM will review land for contamination by using current contaminated site database information in the Alaska Department of Environmental Conservation database, the U.S. Army Corps of Engineers Formerly Used Defense Sites database, the U.S. Air Force database, and the Federal Aviation Administration database, or any equivalent databases if any of these databases are no longer available. Any land found to have possible contamination based on these searches will not be available for selection. § 2569.604 Are lands that are valuable for minerals available? Yes, however, the minerals will be reserved to the United States and will not belong to you. [FR Doc. 2020–13808 Filed 7–9–20; 8:45 am] BILLING CODE 4310–JA–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration § 2569.605 What happens if new lands become available? 50 CFR Part 622 (a) New lands may become available during the application period. As additional lands become available, the BLM will review the lands to determine whether they are free of known contaminants as described in § 2569.602. (b) After review, the BLM will update the online web maps of available Federal lands to include these additional lands during the five-year application period. RIN 0648–BJ76 National Wildlife Refuge System Any Certificate of Allotment for lands within a National Wildlife Refuge will contain provisions that the lands remain subject to the laws and regulations governing the use and development of the Refuge. Appeals § 2569.801 What can I do if I disagree with any of the decisions that are made about my allotment application? a. You may appeal all decisions to the Interior Board of Land Appeals under 43 CFR part 4. b. On appeals of decisions made pursuant to § 2569.502(b): 1. Unless the BLM’s decision is stayed on appeal pursuant to 43 CFR 4.21, the VerDate Sep<11>2014 17:00 Jul 09, 2020 Jkt 250001 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the South Atlantic States; Amendment 11 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Availability of proposed amendment; request for comments. AGENCY: The South Atlantic Fishery Management Council (Council) has submitted Amendment 11 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 11 to the Shrimp FMP (Amendment 11) would modify the transit provisions for shrimp trawl vessels with brown, pink, and white shrimp on board in Federal waters of the South Atlantic that have been closed to shrimp trawling to protect white shrimp as a result of cold weather events. The purpose of Amendment 11 is to update the regulations to more closely align with current fishing practices, reduce the socio-economic impacts for fishermen who transit these closed areas, and improve safety at sea SUMMARY: § 2569.701 If Congress makes lands available within a National Wildlife Refuge, what additional rules apply? jbell on DSKJLSW7X2PROD with PROPOSALS BLM will continue to process the conflicting applications that received preference over your application. 2. Within 60 days of receiving a decision on the appeal, the losing applicant may exercise one of the two options to select a substitute parcel pursuant to § 2569.502(b). c. On appeals of decisions which reject the application or of a decision made pursuant to § 2569.503(a): 1. Unless the BLM’s decision is stayed on appeal pursuant to 43 CFR 4.21, the BLM will lift the segregation of your selection and the land will be available for all future entries. 2. If you win the appeal and the decision was not stayed, your selection will be considered received as of the date of the Interior Board of Land Appeals decision for purposes of preference under § 2569.502(a). PO 00000 Frm 00075 Fmt 4702 Sfmt 4702 41513 while maintaining protection for overwintering white shrimp. DATES: Written comments must be received on or before September 8, 2020. ADDRESSES: You may submit comments on Amendment 11, identified by ‘‘NOAA–NMFS–2020–0066,’’ 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-20200066, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Frank Helies, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), 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 11, 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-11-shrimp-trawl-transitprovisions/. FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727–824–5305, or email: Frank.Helies@noaa.gov. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any FMP or FMP amendment to the Secretary of Commerce (the Secretary) for review, and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that the Secretary, upon receiving an FMP or amendment, publish an announcement in the Federal Register notifying the public that the FMP or amendment is available for review and comment. The Council prepared the Shrimp FMP that is being revised by E:\FR\FM\10JYP1.SGM 10JYP1 41514 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Proposed Rules Amendment 11. If approved, Amendment 11 would be implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. jbell on DSKJLSW7X2PROD with PROPOSALS Background Amendment 9 to the Shrimp FMP revised the criteria and procedures by which a South Atlantic state may request that NMFS implement a concurrent closure to the harvest of penaeid shrimp (brown, pink, and white shrimp) in the exclusive economic zone (EEZ) when state waters close as a result of severe winter weather (78 FR 35571; June 13, 2013). The Shrimp FMP provides that if a state has determined there is at least an 80-percent reduction in the population of overwintering white shrimp, or that state water temperatures were 9 °C (48 °F) or less for at least 7 consecutive days, the state can request NMFS to close the EEZ adjacent to that state’s closed waters to the harvest of penaeid shrimp to protect the white shrimp spawning stock that has been severely depleted by cold weather. Currently, shrimp trawl vessels transiting these EEZ cold weather closed areas with penaeid shrimp on board are required to stow a trawl net with a mesh size of less than 4 inches (10.2 cm) below deck. Since the most recent cold weather EEZ closures off South Carolina (83 FR 2931; January 22, 2018) and Georgia (83 FR 3404; January 25, 2018), fishermen requested that the Council update these transit provisions. Fishermen requested this change to achieve increased ability to transit the closed areas, as recent vessel design changes have limited access to below deck storage. Amendment 11 is expected to update the FMP and the regulations to better VerDate Sep<11>2014 17:00 Jul 09, 2020 Jkt 250001 match the current design of the vessels in the fishery, reduce the socioeconomic impact for fishermen who have difficulty transiting the cold weather closed areas with penaeid shrimp onboard their vessels under the current regulations, and improve safety at sea for fishermen through reduced travel time around the closed areas and by not having to disassemble fishing gear while at sea for stowage below deck, while maintaining protection for overwintering white shrimp and regulation enforceability of the cold weather closed areas. Action Contained in Amendment 11 Amendment 11 would allow a vessel to transit South Atlantic cold weather closed areas in the EEZ while possessing penaeid shrimp, provided the vessel is in transit and fishing gear is appropriately stowed. Transit would be defined as non-stop progression through the area with fishing gear appropriately stowed. Fishing gear appropriately stowed would be defined as trawl doors are in the rack (cradle) on deck, nets would be in the rigging and tied down, and the try net would be on the deck. Doors in the rack means the trawl doors are stowed in their storage racks out of the water on the vessel’s deck. Nets in the rigging means the trawl nets are out of the water and are tied to the trawl vessel’s rigging. The proposed transit provision was developed and recommended to the Council by the Council’s Law Enforcement, Shrimp, and Deep-water Shrimp Advisory Panels. Amendment 11 and the proposed rule are expected to reduce adverse socio-economic and safety at sea impacts associated with the current transit provisions through reduced travel time around the closed PO 00000 Frm 00076 Fmt 4702 Sfmt 9990 areas and time on the water for fishermen by not requiring gear stowage below deck. Fishermen also stated that having to disassemble trawl gear for below deck stowage in rough sea conditions is a safety-at-sea concern. Proposed Rule for Amendment 11 A proposed rule that would implement Amendment 11 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the Shrimp FMP, Amendment 11, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment. Consideration of Public Comments The Council has submitted Amendment 11 for Secretarial review, approval, and implementation. Comments on Amendment 11 must be received by September 8, 2020. Comments received during the respective comment periods, whether specifically directed to Amendment 11 or the proposed rule, will be considered by NMFS in the decision to approve, disapprove, or partially approve Amendment 11. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: July 6, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–14815 Filed 7–9–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\10JYP1.SGM 10JYP1

Agencies

[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Proposed Rules]
[Pages 41513-41514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14815]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BJ76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the South Atlantic States; Amendment 11

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Availability of proposed amendment; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 11 to the Fishery Management Plan (FMP) for the 
Shrimp Fishery of the South Atlantic Region (Shrimp FMP) for review, 
approval, and implementation by NMFS. If approved by the Secretary of 
Commerce, Amendment 11 to the Shrimp FMP (Amendment 11) would modify 
the transit provisions for shrimp trawl vessels with brown, pink, and 
white shrimp on board in Federal waters of the South Atlantic that have 
been closed to shrimp trawling to protect white shrimp as a result of 
cold weather events. The purpose of Amendment 11 is to update the 
regulations to more closely align with current fishing practices, 
reduce the socio-economic impacts for fishermen who transit these 
closed areas, and improve safety at sea while maintaining protection 
for overwintering white shrimp.

DATES: Written comments must be received on or before September 8, 
2020.

ADDRESSES: You may submit comments on Amendment 11, identified by 
``NOAA-NMFS-2020-0066,'' 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-2020-0066, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Frank Helies, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), 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 11, 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-11-shrimp-trawl-transit-provisions/.

FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or FMP amendment to the 
Secretary of Commerce (the Secretary) for review, and approval, partial 
approval, or disapproval. The Magnuson-Stevens Act also requires that 
the Secretary, upon receiving an FMP or amendment, publish an 
announcement in the Federal Register notifying the public that the FMP 
or amendment is available for review and comment.
    The Council prepared the Shrimp FMP that is being revised by

[[Page 41514]]

Amendment 11. If approved, Amendment 11 would be implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Act.

Background

    Amendment 9 to the Shrimp FMP revised the criteria and procedures 
by which a South Atlantic state may request that NMFS implement a 
concurrent closure to the harvest of penaeid shrimp (brown, pink, and 
white shrimp) in the exclusive economic zone (EEZ) when state waters 
close as a result of severe winter weather (78 FR 35571; June 13, 
2013). The Shrimp FMP provides that if a state has determined there is 
at least an 80-percent reduction in the population of overwintering 
white shrimp, or that state water temperatures were 9 [deg]C (48 
[deg]F) or less for at least 7 consecutive days, the state can request 
NMFS to close the EEZ adjacent to that state's closed waters to the 
harvest of penaeid shrimp to protect the white shrimp spawning stock 
that has been severely depleted by cold weather.
    Currently, shrimp trawl vessels transiting these EEZ cold weather 
closed areas with penaeid shrimp on board are required to stow a trawl 
net with a mesh size of less than 4 inches (10.2 cm) below deck. Since 
the most recent cold weather EEZ closures off South Carolina (83 FR 
2931; January 22, 2018) and Georgia (83 FR 3404; January 25, 2018), 
fishermen requested that the Council update these transit provisions. 
Fishermen requested this change to achieve increased ability to transit 
the closed areas, as recent vessel design changes have limited access 
to below deck storage.
    Amendment 11 is expected to update the FMP and the regulations to 
better match the current design of the vessels in the fishery, reduce 
the socio-economic impact for fishermen who have difficulty transiting 
the cold weather closed areas with penaeid shrimp onboard their vessels 
under the current regulations, and improve safety at sea for fishermen 
through reduced travel time around the closed areas and by not having 
to disassemble fishing gear while at sea for stowage below deck, while 
maintaining protection for overwintering white shrimp and regulation 
enforceability of the cold weather closed areas.

Action Contained in Amendment 11

    Amendment 11 would allow a vessel to transit South Atlantic cold 
weather closed areas in the EEZ while possessing penaeid shrimp, 
provided the vessel is in transit and fishing gear is appropriately 
stowed. Transit would be defined as non-stop progression through the 
area with fishing gear appropriately stowed. Fishing gear appropriately 
stowed would be defined as trawl doors are in the rack (cradle) on 
deck, nets would be in the rigging and tied down, and the try net would 
be on the deck. Doors in the rack means the trawl doors are stowed in 
their storage racks out of the water on the vessel's deck. Nets in the 
rigging means the trawl nets are out of the water and are tied to the 
trawl vessel's rigging.
    The proposed transit provision was developed and recommended to the 
Council by the Council's Law Enforcement, Shrimp, and Deep-water Shrimp 
Advisory Panels. Amendment 11 and the proposed rule are expected to 
reduce adverse socio-economic and safety at sea impacts associated with 
the current transit provisions through reduced travel time around the 
closed areas and time on the water for fishermen by not requiring gear 
stowage below deck. Fishermen also stated that having to disassemble 
trawl gear for below deck stowage in rough sea conditions is a safety-
at-sea concern.

Proposed Rule for Amendment 11

    A proposed rule that would implement Amendment 11 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the Shrimp 
FMP, Amendment 11, the Magnuson-Stevens Act, and other applicable law. 
If that determination is affirmative, NMFS will publish the proposed 
rule in the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 11 for Secretarial review, 
approval, and implementation. Comments on Amendment 11 must be received 
by September 8, 2020. Comments received during the respective comment 
periods, whether specifically directed to Amendment 11 or the proposed 
rule, will be considered by NMFS in the decision to approve, 
disapprove, or partially approve Amendment 11. All comments received by 
NMFS on the amendment or the proposed rule during their respective 
comment periods will be addressed in the final rule.

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

    Dated: July 6, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-14815 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-22-P

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