Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the South Atlantic States; Amendment 11, 49355-49358 [2020-16434]
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Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
provided in 18 U.S.C. 2250(c) and
§ 72.8(a)(2).
§ 72.8
Liability for violations.
(a) Criminal liability—(1) Offense. (i)
A sex offender who knowingly fails to
register or update a registration as
required by SORNA may be liable to
criminal penalties under 18 U.S.C.
2250(a).
(ii) A sex offender who knowingly
fails to provide information required by
SORNA relating to intended travel
outside the United States may be liable
to criminal penalties under 18 U.S.C.
2250(b).
(iii) As a condition of liability under
18 U.S.C. 2250(a)–(b) for failing to
comply with a requirement of SORNA,
a sex offender must have been aware of
the requirement he is charged with
violating, but need not have been aware
that the requirement is imposed by
SORNA.
(2) Defense. A sex offender may have
an affirmative defense to liability, as
provided in 18 U.S.C. 2250(c), if
uncontrollable circumstances prevented
the sex offender from complying with
SORNA, where the sex offender did not
contribute to the creation of those
circumstances in reckless disregard of
the requirement to comply and
complied as soon as the circumstances
preventing compliance ceased to exist.
Example 1. A sex offender changes
residence from one jurisdiction to
another, bringing into play SORNA’s
requirement to register in each
jurisdiction where the sex offender
resides and SORNA’s requirement to
appear in person and report changes of
residence within three business days.
See 34 U.S.C. 20913(a), (c). The sex
offender attempts to comply with these
requirements by contacting the local
sheriff’s office, which is responsible for
sex offender registration in the
destination jurisdiction. The sheriff’s
office advises that it cannot schedule an
appointment for him to register within
three business days but that he should
come by in a week. The sex offender
would have a defense to liability if he
appeared at the sheriff’s office at the
appointed time and registered as
required. The sex offender’s temporary
inability to register and inability to
report the change of residence within
three business days in the new
residence jurisdiction was due to a
circumstance beyond his control—the
sheriff office’s refusal to meet with him
until a week had passed—and he
complied with the requirement to
register as soon as the circumstance
preventing compliance ceased to exist.
Example 2. A sex offender cannot
register in a state in which he resides
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because its registration authorities will
not register offenders on the basis of the
offense for which the sex offender was
convicted. The sex offender would have
a defense to liability because the state’s
unwillingness to register sex offenders
like him is a circumstance beyond his
control. However, if the sex offender
failed to register after becoming aware of
a change in state policy or practice
allowing his registration, the 18 U.S.C.
2250(c) defense would no longer apply,
because in such a case the circumstance
preventing compliance with the
registration requirement would no
longer exist.
Example 3. A sex offender needs to
travel to a foreign country on short
notice—less than 21 days—because of
an unforeseeable family or work
emergency. The sex offender would
have a defense to liability for failing to
report the intended travel 21 days in
advance, as required by § 72.7(f),
because it is impossible to report an
intention to travel outside the United
States before the intention exists.
However, if the sex offender failed to
inform the registration jurisdiction
(albeit on short notice) once he intended
to travel, 18 U.S.C. 2250(c) would not
excuse that failure, because the
preventing circumstance—absence of an
intent to travel abroad—would no
longer exist.
(b) Supervision condition. For a sex
offender convicted of a Federal offense,
compliance with SORNA is a mandatory
condition of probation, supervised
release, and parole. The release of such
an offender who does not comply with
SORNA may be revoked.
Dated: July 15, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020–15804 Filed 8–12–20; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200723–0200]
RIN 0648–BJ76
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.
AGENCY:
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49355
Proposed rule; request for
comments.
ACTION:
NMFS proposes regulations to
implement Amendment 11 to the
Fishery Management Plan (FMP) for the
Shrimp Fishery of the South Atlantic
Region (Shrimp FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
proposed rule would modify the transit
provisions for shrimp trawl vessels with
penaeid shrimp, i.e., 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 this
proposed rule 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.
SUMMARY:
Written comments must be
received on or before September 14,
2020.
DATES:
You may submit comments
on the proposed rule, 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
(RFA) analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
ADDRESSES:
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Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
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
penaeid shrimp fishery of the South
Atlantic 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).
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.
The Shrimp FMP procedures allow a
state, after determining that the
concurrent closure criteria have been
met, to submit a letter directly to the
NMFS Regional Administrator (RA)
with the request and supporting data for
a concurrent closure of penaeid shrimp
harvest in the EEZ adjacent to the closed
state waters. After a review of the
request and supporting information, if
the RA determines the recommended
closure is in accordance with the
procedures and criteria specified in the
FMP and the Magnuson-Stevens Act,
NMFS would implement the closure
through a notification in the Federal
Register. The closure will usually
remain effective until the ending date of
the state’s closure, but may be ended
earlier based upon a request from the
state.
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),
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fishermen requested that the Council
update these transit provisions.
Fishermen requested this change to
increase their ability to transit the
closed areas, as more recent vessel
design changes have limited access to
below deck storage. Also, requirements
for a larger turtle excluder device (TED)
in the trawl net to protect leatherback
sea turtles have increased the size of a
net that would need to be folded and
stored 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.
Additionally, some fishermen stated
that they avoid the closed areas entirely
as they were not able to meet the transit
requirements.
Amendment 11 and the proposed rule
are expected to update the regulations to
better 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 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 in
rough weather for stowage below deck,
while maintaining protection for
overwintering white shrimp and
enforceability of the regulations for the
cold weather closed areas.
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
transit provisions for shrimp trawl
vessels with penaeid shrimp on board
transiting through cold weather closed
areas in Federal waters of the South
Atlantic. The proposed rule would
allow a vessel to transit South Atlantic
cold weather closed areas 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. Doors in the
rack (cradle), nets in the rigging and tied
down, and try net on the deck would
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enable law enforcement on the water or
in the air to see from a distance if
fishermen are complying with the
transit provisions without having to
actually board the vessel, thereby saving
time and reducing the safety risks
associated with a vessel boarding.
The proposed rule would reduce the
time needed to stow gear because
fishermen would no longer need to
disassemble the trawl gear (remove nets
from the rigging and the doors) prior to
stowing nets with mesh sizes less than
4 inches (10.2 cm) below deck. The
proposed rule is 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
reduced time on the water for fishermen
by not requiring gear stowage below
deck.
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 11, the Shrimp FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This rule is expected to be an Executive
Order 13771 deregulatory action.
The Magnuson-Stevens Act provides
the legal basis for this proposed rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting and recordkeeping requirements are introduced by
this proposed rule. Accordingly, the
Paperwork Reduction Act does not
apply to this proposed rule. A
description of this proposed rule, why
it is being considered, and the purposes
of this proposed rule are contained in
the preamble and in the SUMMARY
section of the preamble. The objectives
of this proposed rule are to ensure
transit regulations are consistent with
current fishing vessel designs, reduce
the adverse social and economic effects
on commercial shrimp fishing
businesses that have not been able to
transit closed areas due to an inability
to comply with the current transit
regulations, improve safety at sea and
the enforceability of transit regulations,
and maintain protection for overwintering white shrimp.
The Chief Counsel for Regulation of
the Department of Commerce has
certified to the Chief Counsel for
Advocacy of the Small Business
Administration that this rule, if
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Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
adopted, will not have a significant
economic impact on a substantial
number of small entities. A description
of the factual basis for this
determination follows. All monetary
estimates in the following analysis are
in 2018 dollars. This proposed rule, if
implemented, would allow vessels
possessing penaeid shrimp, i.e., brown,
white, or pink shrimp, to transit through
cold weather closed areas in affected
portions of the South Atlantic EEZ
provided that the vessel remains in
transit, gear is stowed with trawl doors
in the rack, and nets in the rigging are
tied down with the try net on the deck.
Thus, this proposed rule is expected to
directly regulate federally permitted
vessels in the commercial South
Atlantic shrimp fishing industry that
harvest penaeid shrimp and transit
through cold weather closed areas in
affected portions of the South Atlantic
EEZ.
Only permitted vessels that harvest
penaeid shrimp would be directly
regulated by this proposed rule. From
2014 through 2018, the average number
of vessels with valid South Atlantic
penaeid or rock shrimp permits was
594. From 2014 through 2018, the
average number of vessels with valid
permits that actively fished (i.e., had
landings) in the South Atlantic penaeid
shrimp fishery was 262. Because it is
not currently feasible to accurately
determine affiliations between
businesses that possess South Atlantic
shrimp permits, for purposes of this
analysis it is assumed each of these
vessels is independently owned by a
single business; however, this
assumption likely leads to an
overestimate of the actual number of
businesses directly regulated by this
proposed rule. Thus, this proposed rule
is estimated to directly regulate 262
businesses in the commercial South
Atlantic shrimp fishing industry, or
about 44 percent of the average number
of businesses that held valid South
Atlantic penaeid or rock shrimp permits
from 2014 through 2018.
For vessels with South Atlantic
penaeid or rock shrimp permits, annual
gross revenue was about $404,810 on
average from 2014 through 2018, of
which approximately $169,240 (about
42 percent) came from South Atlantic
shrimp landings on average. Almost all
trips that harvest rock shrimp also
harvest penaeid shrimp. Many vessels
are also relatively dependent on revenue
from other Atlantic fisheries (e.g.,
scallops and flounder) as well revenue
from the Gulf of Mexico shrimp fishery.
Based on average economic return
estimates from 2011 through 2014,
which are the most recent available, net
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cash flow for these vessels is estimated
to be about $61,770 per year on average,
and net revenue from commercial
fishing operations is estimated to be
approximately $35,030 per year on
average from 2014 to 2018. The
maximum annual gross revenue earned
by a single vessel (business) was
approximately $2.6 million from 2014 to
2018.
On December 29, 2015, NMFS issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts (revenue) for all
businesses primarily engaged in the
commercial fishing industry (NAICS
code 11411) for RFA compliance
purposes only (50 CFR 200.1 and 200.2).
In addition to this gross revenue
standard, a business primarily involved
in commercial fishing is classified as a
small business if it is independently
owned and operated, and is not
dominant in its field of operations
(including its affiliates). Based on the
information above, all 262 businesses
directly regulated by this proposed rule
are determined to be small entities for
the purpose of this analysis. Therefore,
it is determined that this proposed rule
will affect a substantial number of small
entities.
Under the current regulations, shrimp
trawl vessels transiting cold weather
closed areas in the EEZ with penaeid
shrimp on board are required to stow
trawl nets with a mesh size of less than
4 inches (10.2 cm) below deck. Because
many vessels are now required to use
larger TEDS, they also use larger nets
compared to when the current transit
regulations were implemented. Shrimp
fishermen also typically stow their spare
nets on the wheelhouse roof because
there is little room below deck to stow
their gear.
In addition, cold weather closures are
implemented more quickly now than
when the transit regulations were
initially established. While the reduced
time to implement closures has
enhanced protection of over-wintering
white shrimp, shrimp vessel captains
with homeports in states north of
Florida can be caught unaware if they
are operating off Florida when a closure
is implemented. Furthermore, shoals
extending into the EEZ off Georgia and
South Carolina cause transiting through
state waters to be dangerous and
increase the risk to the vessel and crew.
Thus, traveling back to a vessel’s
homeport can be risky for shrimp
vessels that cannot comply with the
current stowage requirements.
Shrimp vessels that have been unable
to store fishing gear according to the
current transit regulations have been
forced to land their shrimp in Florida
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49357
rather than at their homeport. Based on
landings data during the most recent
cold weather closures (i.e., January
through June of 2018), 33 vessels with
homeports in states north of Florida
offloaded shrimp in Florida during that
time. This proposed rule would make it
easier for these vessels to comply with
the gear stowage requirements and, as a
result, more easily return to their
homeport with penaeid shrimp on
board.
Although the economic effects of the
proposed rule on commercial shrimp
vessels cannot be quantified given
available data and models, they are
expected to be positive. Specifically, if
vessels are able to land shrimp at their
homeport with their homeport dealer,
their profits would potentially increase
as a result of expected cost reductions.
Shrimp vessels would not incur
additional offloading costs if they could
offload their shrimp at their homeport
dealer, and they would no longer have
to absorb the costs of shipping shrimp
back to their homeport dealer. Finally,
shrimp vessels’ fuel costs are expected
to decrease as they would no longer
need to take longer routes back to their
homeports to avoid transiting through
the cold water closed areas in the EEZ.
Based on the information above,
although a substantial number of small
entities would be affected by this
proposed rule, this rule would not have
a significant economic impact on those
entities. Because this proposed rule, if
implemented, would not 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 in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Shrimp, South Atlantic.
Dated: July 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be 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 § 622.206, revise paragraph
(a)(2)(iii) to read as follows:
■
§ 622.206
Area and seasonal closures.
(a) * * *
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(2) * * *
(iii) Brown shrimp, pink shrimp, or
white shrimp may be possessed on
board a fishing vessel in a closed area,
provided the vessel is in transit and that
the shrimp fishing gear with trawl nets
having a mesh size less than 4 inches
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(10.2 cm), as measured between the
centers of opposite knots when pulled
taut, is appropriately stowed. For the
purposes of this paragraph (a), transit
means a non-stop progression through a
closed area and appropriately stowed
means trawl doors out of the water and
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in the rack/cradle on deck, the nets
must be out of the water and in the
rigging and tied down, and any try net
must be on deck.
*
*
*
*
*
[FR Doc. 2020–16434 Filed 8–12–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Proposed Rules]
[Pages 49355-49358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16434]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200723-0200]
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: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 11 to the
Fishery Management Plan (FMP) for the Shrimp Fishery of the South
Atlantic Region (Shrimp FMP), as prepared and submitted by the South
Atlantic Fishery Management Council (Council). This proposed rule would
modify the transit provisions for shrimp trawl vessels with penaeid
shrimp, i.e., 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
this proposed rule 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 14,
2020.
ADDRESSES: You may submit comments on the proposed rule, 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 (RFA) analysis, and a
regulatory impact review, may be obtained from the Southeast Regional
Office website at
[[Page 49356]]
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 penaeid shrimp fishery of the South
Atlantic 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).
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.
The Shrimp FMP procedures allow a state, after determining that the
concurrent closure criteria have been met, to submit a letter directly
to the NMFS Regional Administrator (RA) with the request and supporting
data for a concurrent closure of penaeid shrimp harvest in the EEZ
adjacent to the closed state waters. After a review of the request and
supporting information, if the RA determines the recommended closure is
in accordance with the procedures and criteria specified in the FMP and
the Magnuson-Stevens Act, NMFS would implement the closure through a
notification in the Federal Register. The closure will usually remain
effective until the ending date of the state's closure, but may be
ended earlier based upon a request from the state.
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 increase their ability to transit
the closed areas, as more recent vessel design changes have limited
access to below deck storage. Also, requirements for a larger turtle
excluder device (TED) in the trawl net to protect leatherback sea
turtles have increased the size of a net that would need to be folded
and stored 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. Additionally, some fishermen stated that they avoid the
closed areas entirely as they were not able to meet the transit
requirements.
Amendment 11 and the proposed rule are expected to update 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 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 in rough weather for stowage below deck, while maintaining
protection for overwintering white shrimp and enforceability of the
regulations for the cold weather closed areas.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the transit provisions for shrimp
trawl vessels with penaeid shrimp on board transiting through cold
weather closed areas in Federal waters of the South Atlantic. The
proposed rule would allow a vessel to transit South Atlantic cold
weather closed areas 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. Doors in the rack (cradle), nets in the rigging and
tied down, and try net on the deck would enable law enforcement on the
water or in the air to see from a distance if fishermen are complying
with the transit provisions without having to actually board the
vessel, thereby saving time and reducing the safety risks associated
with a vessel boarding.
The proposed rule would reduce the time needed to stow gear because
fishermen would no longer need to disassemble the trawl gear (remove
nets from the rigging and the doors) prior to stowing nets with mesh
sizes less than 4 inches (10.2 cm) below deck. The proposed rule is
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 reduced time on the water for
fishermen by not requiring gear stowage below deck.
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 11, the Shrimp FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is expected to be an
Executive Order 13771 deregulatory action.
The Magnuson-Stevens Act provides the legal basis for this proposed
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting and record-keeping
requirements are introduced by this proposed rule. Accordingly, the
Paperwork Reduction Act does not apply to this proposed rule. A
description of this proposed rule, why it is being considered, and the
purposes of this proposed rule are contained in the preamble and in the
SUMMARY section of the preamble. The objectives of this proposed rule
are to ensure transit regulations are consistent with current fishing
vessel designs, reduce the adverse social and economic effects on
commercial shrimp fishing businesses that have not been able to transit
closed areas due to an inability to comply with the current transit
regulations, improve safety at sea and the enforceability of transit
regulations, and maintain protection for over-wintering white shrimp.
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule, if
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adopted, will not have a significant economic impact on a substantial
number of small entities. A description of the factual basis for this
determination follows. All monetary estimates in the following analysis
are in 2018 dollars. This proposed rule, if implemented, would allow
vessels possessing penaeid shrimp, i.e., brown, white, or pink shrimp,
to transit through cold weather closed areas in affected portions of
the South Atlantic EEZ provided that the vessel remains in transit,
gear is stowed with trawl doors in the rack, and nets in the rigging
are tied down with the try net on the deck. Thus, this proposed rule is
expected to directly regulate federally permitted vessels in the
commercial South Atlantic shrimp fishing industry that harvest penaeid
shrimp and transit through cold weather closed areas in affected
portions of the South Atlantic EEZ.
Only permitted vessels that harvest penaeid shrimp would be
directly regulated by this proposed rule. From 2014 through 2018, the
average number of vessels with valid South Atlantic penaeid or rock
shrimp permits was 594. From 2014 through 2018, the average number of
vessels with valid permits that actively fished (i.e., had landings) in
the South Atlantic penaeid shrimp fishery was 262. Because it is not
currently feasible to accurately determine affiliations between
businesses that possess South Atlantic shrimp permits, for purposes of
this analysis it is assumed each of these vessels is independently
owned by a single business; however, this assumption likely leads to an
overestimate of the actual number of businesses directly regulated by
this proposed rule. Thus, this proposed rule is estimated to directly
regulate 262 businesses in the commercial South Atlantic shrimp fishing
industry, or about 44 percent of the average number of businesses that
held valid South Atlantic penaeid or rock shrimp permits from 2014
through 2018.
For vessels with South Atlantic penaeid or rock shrimp permits,
annual gross revenue was about $404,810 on average from 2014 through
2018, of which approximately $169,240 (about 42 percent) came from
South Atlantic shrimp landings on average. Almost all trips that
harvest rock shrimp also harvest penaeid shrimp. Many vessels are also
relatively dependent on revenue from other Atlantic fisheries (e.g.,
scallops and flounder) as well revenue from the Gulf of Mexico shrimp
fishery. Based on average economic return estimates from 2011 through
2014, which are the most recent available, net cash flow for these
vessels is estimated to be about $61,770 per year on average, and net
revenue from commercial fishing operations is estimated to be
approximately $35,030 per year on average from 2014 to 2018. The
maximum annual gross revenue earned by a single vessel (business) was
approximately $2.6 million from 2014 to 2018.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(50 CFR 200.1 and 200.2). In addition to this gross revenue standard, a
business primarily involved in commercial fishing is classified as a
small business if it is independently owned and operated, and is not
dominant in its field of operations (including its affiliates). Based
on the information above, all 262 businesses directly regulated by this
proposed rule are determined to be small entities for the purpose of
this analysis. Therefore, it is determined that this proposed rule will
affect a substantial number of small entities.
Under the current regulations, shrimp trawl vessels transiting cold
weather closed areas in the EEZ with penaeid shrimp on board are
required to stow trawl nets with a mesh size of less than 4 inches
(10.2 cm) below deck. Because many vessels are now required to use
larger TEDS, they also use larger nets compared to when the current
transit regulations were implemented. Shrimp fishermen also typically
stow their spare nets on the wheelhouse roof because there is little
room below deck to stow their gear.
In addition, cold weather closures are implemented more quickly now
than when the transit regulations were initially established. While the
reduced time to implement closures has enhanced protection of over-
wintering white shrimp, shrimp vessel captains with homeports in states
north of Florida can be caught unaware if they are operating off
Florida when a closure is implemented. Furthermore, shoals extending
into the EEZ off Georgia and South Carolina cause transiting through
state waters to be dangerous and increase the risk to the vessel and
crew. Thus, traveling back to a vessel's homeport can be risky for
shrimp vessels that cannot comply with the current stowage
requirements.
Shrimp vessels that have been unable to store fishing gear
according to the current transit regulations have been forced to land
their shrimp in Florida rather than at their homeport. Based on
landings data during the most recent cold weather closures (i.e.,
January through June of 2018), 33 vessels with homeports in states
north of Florida offloaded shrimp in Florida during that time. This
proposed rule would make it easier for these vessels to comply with the
gear stowage requirements and, as a result, more easily return to their
homeport with penaeid shrimp on board.
Although the economic effects of the proposed rule on commercial
shrimp vessels cannot be quantified given available data and models,
they are expected to be positive. Specifically, if vessels are able to
land shrimp at their homeport with their homeport dealer, their profits
would potentially increase as a result of expected cost reductions.
Shrimp vessels would not incur additional offloading costs if they
could offload their shrimp at their homeport dealer, and they would no
longer have to absorb the costs of shipping shrimp back to their
homeport dealer. Finally, shrimp vessels' fuel costs are expected to
decrease as they would no longer need to take longer routes back to
their homeports to avoid transiting through the cold water closed areas
in the EEZ.
Based on the information above, although a substantial number of
small entities would be affected by this proposed rule, this rule would
not have a significant economic impact on those entities. Because this
proposed rule, if implemented, would not 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 in 50 CFR Part 622
Commercial, Fisheries, Fishing, Shrimp, South Atlantic.
Dated: July 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
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. In Sec. 622.206, revise paragraph (a)(2)(iii) to read as follows:
Sec. 622.206 Area and seasonal closures.
(a) * * *
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(2) * * *
(iii) Brown shrimp, pink shrimp, or white shrimp may be possessed
on board a fishing vessel in a closed area, provided the vessel is in
transit and that the shrimp fishing gear with trawl nets having a mesh
size less than 4 inches (10.2 cm), as measured between the centers of
opposite knots when pulled taut, is appropriately stowed. For the
purposes of this paragraph (a), transit means a non-stop progression
through a closed area and appropriately stowed means trawl doors out of
the water and in the rack/cradle on deck, the nets must be out of the
water and in the rigging and tied down, and any try net must be on
deck.
* * * * *
[FR Doc. 2020-16434 Filed 8-12-20; 8:45 am]
BILLING CODE 3510-22-P
