Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Framework Action, 12163-12166 [2021-04178]
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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
Allotments under Texas by revising the
entry for Corpus Christi to read as
follows:
§ 73.622 Digital television table of
allotments.
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[FR Doc. 2021–04289 Filed 3–1–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 21–61; RM–11885; DA 21–
204; FR ID 17519]
Television Broadcasting Services
Lubbock, Texas
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Commission has before it
a petition for rulemaking (Petition) filed
by Gray Television Licensee, LLC (Gray
or the Petitioner), licensee of KCBD,
channel 11, Lubbock, Texas, requesting
the substitution of UHF channel 36 for
VHF channel 11 at Lubbock in the DTV
Table of Allotments. Gray states that
many of its viewers experience
significant difficulty receiving the
station’s VHF signal and that all but 350
of the 414,091 persons currently served
by KCBD will continue to be well served
by at least five other stations, a number
which the Commission has recognized
as de minimus.
DATES: Comments must be filed on or
before April 1, 2021 and reply
comments on or before April 16, 2021.
ADDRESSES: Federal Communications
Commission, Office of the Secretary, 45
L Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve
counsel for petitioner as follows: Joan
Stewart, Esq., Wiley Rein LLP, 1776 K
Street NW, Washington, DC 20006.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647; or Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rulemaking, MB Docket No.
21–61; RM–11885; DA 21–204, adopted
February 22, 2021, and released
February 22, 2021. The full text of this
document is available for download at
https://www.fcc.gov/edocs. To request
materials in accessible formats (braille,
large print, computer diskettes, or audio
recordings), please send an email to
FCC504@fcc.gov or call the Consumer &
Government Affairs Bureau at (202)
418–0530 (VOICE), (202) 418–0432
(TTY).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
Members of the public should note
that all ex parte contacts are prohibited
from the time a Notice of Proposed
Rulemaking is issued to the time the
matter is no longer subject to
Commission consideration or court
review, see 47 CFR 1.1208. There are,
however, exceptions to this prohibition,
which can be found in Section 1.1204(a)
of the Commission’s rules, 47 CFR
1.1204(a).
See Sections 1.415 and 1.420 of the
Commission’s rules for information
regarding the proper filing procedures
for comments, 47 CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Proposed Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—Radio Broadcast Service
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, and 339.
2. In § 73.622 in paragraph (i) amend
the Post-Transition Table of DTV
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§ 73.622 Digital television table of
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[FR Doc. 2021–04293 Filed 3–1–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 210219–0026]
RIN 0648–BK01
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Framework Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef
Fish FMP), as prepared and submitted
by the Gulf of Mexico Fishery
Management Council (Council). This
proposed rule would prohibit certain
fishing activities and, with one
exception, the possession of Gulf of
Mexico (Gulf) reef fish within the
Madison-Swanson and Steamboat
Lumps Marine Protected Areas (MPAs).
The purpose of this proposed rule and
the framework action is to protect
spawning aggregations of mature reef
fish species by reducing the potential
for illegal fishing activities within these
MPAs.
SUMMARY:
Television.
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Allotments under Texas by revising the
entry for Lubbock to read as follows:
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12164
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
Written comments on the
proposed rule must be received by April
1, 2021.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2020–0142,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to https://
www.regulations.gov/docket/NOAANMFS-2020-0142, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit all written comments
to Rich Malinowski, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in required fields if you wish to
remain anonymous).
Electronic copies of the framework
action may be obtained from
www.regulations.gov or the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
modification-fishing-access-easterngulf-mexico-marine-protected-areas.
The framework action includes an
environmental assessment, regulatory
impact review, and Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the reef fish fishery
under the Reef Fish FMP. The Reef Fish
FMP was prepared by the Council and
is implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C.
1801 et seq.).
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DATES:
Background
The Madison-Swanson and Steamboat
Lumps MPAs were established on June
19, 2000 (65 FR 31827, May 19, 2000).
The two MPAs combined cover 219
square nautical miles (nmi2) (751 square
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kilometers (km2)) near the 240-foot (73meter) contour, also known as the 40fathom contour, off northwest and west
Florida. The area of Madison-Swanson
is 115 nmi2 (394 km2) and the area of
Steamboat Lumps is 104 nmi2 (357
km2). The distance between these MPAs
is approximately 69 nmi (127 km). The
Council and NMFS created the MPAs to
provide protection to spawning
aggregations of gag, which is a species
of grouper, and other reef fish. When the
MPAs were implemented, all fishing
inside the MPAs was prohibited, except
for Atlantic highly migratory species
(HMS) such as tunas, billfishes, and
oceanic sharks, which are managed
separately by NMFS’ Atlantic HMS
Management Division. Since 2004,
surface trolling has been allowed for
non-reef fish species in the MPAs from
May 1 through October 31 annually (69
FR 24532, May 4, 2004). In 2006, NMFS
implemented complementary
management measures to prohibit
fishing for Atlantic HMS except by
surface trolling from May 1 through
October 31 annually (71 FR 58058,
October 2, 2006). In addition, the
possession of Gulf reef fish while inside
the MPAs is prohibited, except on a
vessel in transit with fishing gear
stowed as specified in § 622.34(a)(4).
At its October 2019 meeting, the
Council’s Reef Fish Advisory Panel (AP)
discussed observations of illegal harvest
of reef fish species under the
appearance of trolling within the
boundaries of the MPAs. Reef Fish AP
members believed that the MPAs are not
a legitimate trolling destination for nonreef fish species and that the illegal
harvest of reef fish is occurring in these
areas. Reef Fish AP members also
acknowledged that it was possible to
drift through the MPAs with fishing
tackle weighted deep below the vessel
to increase the probability of hooking a
reef fish. At this meeting, an
enforcement officer from the Florida
Fish and Wildlife Conservation
Commission noted that enforcement of
the MPAs is challenging due to the
remote locations.
At its January 2020 meeting, the
Council discussed the Reef Fish AP’s
recommendation to prohibit all fishing
(other than for Atlantic HMS) in the
MPAs year-round to reduce the
potential for targeting reef fish while
bottom fishing under the guise of
trolling within the MPAs. The U.S.
Coast Guard representative on the
Council agreed that enforcement in the
MPAs can be difficult due to the
distance from port.
In response to these concerns, the
Council developed a framework action
that would modify the restrictions on
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fishing in, and transiting through, the
Madison-Swanson and Steamboat
Lumps MPAs in the eastern Gulf. The
framework action would prohibit all
fishing, except for HMS, year-round in
the Madison-Swanson and Steamboat
Lumps MPAs, and prohibit the
possession of Gulf reef fish year-round
in these areas unless a vessel has a valid
Federal commercial permit for Gulf reef
fish, an operating satellite-based VMS,
and is in transit with fishing gear
appropriately stowed. The Council
determined that eliminating surface
trolling from May 1 through October 31,
which would effectively close the MPAs
to fishing year-round, would make it
easier for law enforcement to detect
whether a vessel was fishing within the
MPAs and result in direct positive
effects for mature spawning gag that are
known to inhabit the MPAs, as well as
other resident federally managed reef
fish. The Council also determined that
a prohibition on possession Gulf reef
fish would aid law enforcement.
However, in response to concerns raised
by fishermen who hold Federal
commercial reef fish permits, the
Council made an exception to this
prohibition for vessels issued these
permits because those vessels are easily
tracked through the required VMS.
These prohibitions would not apply
to Atlantic HMS. However, on July 20,
2020, the Council sent a letter that
requested the NMFS Atlantic HMS
Management Division consider
developing compatible regulations for
HMS to the proposed management
measures in the framework action.
Federal regulations currently applicable
to Atlantic HMS in the MPAs are
located at 50 CFR 635.
Management Measures Contained in
This Proposed Rule
This proposed rule would prohibit
fishing year-round in the MadisonSwanson and Steamboat Lumps MPAs.
Additionally, the possession of any Gulf
reef fish would be prohibited yearround in the MPAs, with a limited
exception.
This proposed rule would revise
current fishing restrictions in the MPAs.
Currently, surface trolling is the only
allowable fishing activity and is only
permitted from May through October
each year. Surface trolling is defined in
§ 622.34(a)(5) as fishing with lines
trailing behind a vessel which is in
constant motion at speeds in excess of
four knots (4.6 mph) with a visible
wake, and the use of downriggers, wire
lines, planers, or similar devices is not
allowed. Federally managed species that
may be targeted by surface trolling in
the MPAs include the Gulf CMP species
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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
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king mackerel and Spanish mackerel,
and HMS.
This proposed rule would prohibit
fishing year-round for all species except
HMS. However, as stated earlier, NMFS
may implement compatible regulations
for HMS later, as requested by the
Council.
Currently, fishing vessels with Gulf
reef fish on board may transit through
the MPAs as long as all fishing gear is
appropriately stowed. This provision
allows transiting fishing vessels to
proceed between destinations, without
the need to reroute to avoid a specific
area even if they are in possession of
reef fish. For these MPAs, transit means
non-stop progression through the area
and fishing gear appropriately stowed is
defined in 50 CFR 622.34(a)(4)(i)
through (iv). This proposed rule would
prohibit the possession of Gulf reef fish
in the MPAs even when transiting
unless the vessel was issued a valid
Federal commercial permit for Gulf reef
fish, which requires an operating
satellite-based VMS. As with the current
regulation, all fishing gear would need
to be appropriately stowed.
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 the framework amendment, the
FMP, the Magnuson-Stevens Act, and
other applicable laws, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this certification is
as follows. A copy of the full analysis
is available from NMFS (see
ADDRESSES).
A description of the action, why it is
being considered, and the objectives of
and legal basis for this action are
contained at the beginning of this
SUPPLEMENTARY INFORMATION section and
in the SUMMARY section of the preamble.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new reporting
or recordkeeping compliance
requirements are introduced in this
proposed rule.
The proposed rule concerns
recreational and commercial fishing
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within the Madison-Swanson and
Steamboat Lumps MPAs within the Gulf
exclusive economic zone (EEZ).
Currently, the possession of Gulf reef
fish in these MPAs is generally
prohibited, and surface trolling is the
only allowable fishing activity during
May through October. As stated
previously, this proposed rule does not
affect Atlantic HMS. Therefore, the
proposed rule directly affects both
anglers (recreational fishers) and
commercial fishing businesses that
harvest non-reef fish species, such as
king mackerel, Spanish mackerel, or
cobia within the MPAs by surface
trolling and both anglers, and charter
vessels and headboats (for-hire) fishing
businesses that operate vessels that
transit through the MPAs with reef fish
onboard. Because of the proximity of the
MPAs to the west coast of Florida,
NMFS expects that any entity that may
surface troll for CMP species within the
MPAs or operate a vessel that transits
through the MPAs with reef fish
onboard lands its catch in Florida.
Anglers are not considered small
entities as that term is defined in 5
U.S.C. 601(6), whether fishing from forhire fishing, private, or leased vessels.
Therefore, neither estimates of the
number of anglers, nor the impacts on
them are required or provided in this
analysis.
Any business that operates a
commercial fishing vessel that harvests
either king mackerel or Spanish
mackerel in the Gulf EEZ must have a
valid Federal permit for these Gulf CMP
species issued to that vessel. From 2014
through 2018, an annual average of
2,081 vessels had Federal commercial
permits for one or both of those CMP
species, and 77 (3.7 percent) of those
permitted vessels used surface trolling
to harvest the CMP species and land
their catch in Florida. An estimated 74
businesses operate the 77 vessels, and
all of these businesses are expected to
operate primarily in the commercial
fishing industry (NAICS code 11411).
No Federal permit is required for the
commercial harvest and sale of Gulf
cobia. However, from 2014 through
2018, an annual average of 5 of the
above 77 commercial fishing vessels
reported harvesting Gulf cobia by
surface trolling.
For Regulatory Flexibility Act
purposes, NMFS has established a small
business size standard for businesses,
including their affiliates, whose primary
industry is commercial fishing (see 50
CFR 200.2). A business primarily
involved in commercial fishing (NAICS
11411) is classified as a small business
if it is independently owned and
operated, is not dominant in its field of
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operation (including its affiliates), and
its combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide. The
average annual revenue per vessel for
the 77 vessels that harvest CMP species
by surface trolling and land those fish
in Florida is $14,707 (2018 dollars).
Therefore, the 74 commercial fishing
businesses that operate the 77 vessels
are classified as small.
Any business that operates a for-hire
fishing vessel that has reef fish onboard
in the Gulf EEZ must have a valid
Federal charter vessel/headboat permit
for Gulf reef fish. As of June 23, 2020,
there were 770 such permits held by
entities residing in Florida. That figure
is also consistent with the average
annual number of Federal charter
vessel/headboat permits for Gulf reef
fish held by entities residing in Florida
from 2014 through 2018. The proposed
rule would not directly affect for-hire
vessels with both valid Federal charter
vessel/headboat permits and
commercial permits for Gulf reef fish,
and approximately 24 percent (183) of
the for-hire vessels have both permits.
Therefore, 587 vessels with a Federal
charter vessel/headboat permit for Gulf
reef fish could be directly affected by
the proposed rule. An estimated 411
businesses operate these 587 vessels.
A business in the for-hire fishing
industry (NAICS code 487210) is a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates) and its combined annual
receipts that are no more than $8.0
million for all of its affiliated operations
worldwide. The average charter vessel
operating in the Gulf with a Federal reef
fish permit is estimated to receive
approximately $88,095 (2018 dollars) in
gross revenue annually. The average
headboat operating in the Gulf with a
Federal reef fish permit is estimated to
receive approximately $267,358 (2018
dollars) in gross revenue annually. From
that, NMFS concludes that the above
411 for-hire fishing businesses are
classified as small.
Currently, from May through October,
surface trolling is allowed within the
MPAs. The proposed rule would
prohibit surface trolling within the
MPAs year-round.
Average annual dockside revenue
from CMP species landed by federally
permitted commercial vessels from May
through October of 2014 through 2018
accounted for 20 percent ($2,948 in
2018 dollars) of the annual dockside
revenue from all landings by the average
federally permitted vessel that used
surface trolling and landed CMP species
in Florida. If all May through October
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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
landings of CMP species by these
vessels were entirely of CMP species
harvested from the MPAs, the average
adverse economic impact of the
proposed rule would be $2,948 annually
per vessel for 77 CMP federally
permitted vessels. However, that is
highly unlikely. The MPAs are small
and represent a relatively small
percentage of the Gulf EEZ. MadisonSwanson is 115 nmi2 (394 km2) and
Steamboat Lumps is 104 nmi2 (357
km2). Moreover, the MPAs are
considered as relatively poor
destinations for successful surface
trolling. Therefore, NMFS expects any
adverse economic impact of a yearround surface trolling prohibition on the
74 small commercial fishing businesses
to be minimal.
Currently, possession of Gulf reef fish
year-round or any other species of fish
from November through April,
including CMP species, is prohibited in
the MPAs, except on a vessel in transit
with fishing gear appropriately stowed.
Under the proposed rule, the possession
of any species of Gulf reef fish would be
prohibited year-round in the MPAs,
except for a vessel with a valid Federal
commercial Gulf reef fish permit, which
is required to have an operating
satellite-based VMS, that is in transit
with fishing gear stowed.
Under the proposed rule, the 411
small businesses that operate the 587
for-hire fishing vessels that have a forhire reef fish permit, but do not have a
Gulf commercial reef fish permit, would
no longer be able to transit through the
MPAs with reef fish onboard. It is
unknown how many, if any, of the 587
for-hire vessels transit through the
MPAs with reef fish onboard. However,
because of the relatively small size of
the MPAs and the distance between
them, NMFS expects that any of those
vessels could relatively easily avoid
transiting through the MPAs if they
have reef fish on board and any
additional cost to transit around the
MPAs would be minimal.
From the above, NMFS expects any
impacts from the proposed rule on small
businesses in the commercial fishing
and for-hire fishing industries to be
minimal. Therefore, NMFS concludes
that this proposed rule would not have
a significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
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List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Marine protected area, Reef fish.
Dated: February 22, 2021.
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. Amend § 622.34 by:
a. Revising paragraph (a) introductory
text and paragraphs (a)(2) and (3), and
■ b. Removing paragraphs (a)(5) and (6).
The revisions read as follows:
■
■
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
(a) Closure provisions applicable to
the Madison and Swanson sites,
Steamboat Lumps, and the Edges. For
the purpose of this paragraph (a), fish
means finfish, mollusks, crustaceans,
and all other forms of marine animal
and plant life other than marine
mammals and birds. The provisions of
this paragraph (a) do not apply to
Atlantic highly migratory species, such
as tunas, billfishes, and oceanic sharks.
See 50 CFR part 635 for any provisions
applicable to fishing for or possession of
Atlantic highly migratory species in
these areas.
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(2) Within the Madison and Swanson
sites and Steamboat Lumps: Fishing is
prohibited year-round; possession of
Gulf reef fish is prohibited year-round
except when such possession is on a
vessel that has been issued a valid
Federal commercial permit for Gulf reef
fish, has an operating satellite-based
VMS unit, and is in transit with fishing
gear stowed as specified in paragraph
(a)(4) of this section; and possession of
any non-Gulf reef fish species is
prohibited year-round, except for such
possession on a vessel in transit with
fishing gear stowed as specified in
paragraph (a)(4) of this section.
(3) Within the Edges during January
through April each year, all fishing is
prohibited and the possession of any
fish species is prohibited, except for
such possession on a vessel in transit
with fishing gear appropriately stowed
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as specified in paragraph (a)(4) of this
section.
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[FR Doc. 2021–04178 Filed 3–1–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 210224–0029]
RIN 0648–BK22
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Dolphin
and Wahoo Fishery off the Atlantic
States; Amendment 12
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 12 to the
Fishery Management Plan (FMP) for the
Dolphin and Wahoo Fishery off the
Atlantic States (Dolphin Wahoo FMP),
as prepared and submitted by the South
Atlantic Fishery Management Council
(Council). This proposed rule would
add bullet mackerel and frigate
mackerel to the Dolphin Wahoo FMP
and designate them as ecosystem
component (EC) species. The purpose of
this proposed rule and Amendment 12
is to acknowledge the ecological role of
bullet mackerel and frigate mackerel as
forage fish and to achieve the ecosystem
management objectives in the Dolphin
Wahoo FMP.
DATES: Written comments must be
received on or before April 1, 2021.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2020–0146,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2020–0146’’, in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Nikhil Mehta, 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Proposed Rules]
[Pages 12163-12166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04178]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210219-0026]
RIN 0648-BK01
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Framework Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef Fish FMP), as prepared and
submitted by the Gulf of Mexico Fishery Management Council (Council).
This proposed rule would prohibit certain fishing activities and, with
one exception, the possession of Gulf of Mexico (Gulf) reef fish within
the Madison-Swanson and Steamboat Lumps Marine Protected Areas (MPAs).
The purpose of this proposed rule and the framework action is to
protect spawning aggregations of mature reef fish species by reducing
the potential for illegal fishing activities within these MPAs.
[[Page 12164]]
DATES: Written comments on the proposed rule must be received by April
1, 2021.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2020-0142,'' by either of the following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket/NOAA-NMFS-2020-0142, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Submit all written comments to Rich Malinowski, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of the framework action may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/modification-fishing-access-eastern-gulf-mexico-marine-protected-areas. The framework action includes an
environmental assessment, regulatory impact review, and Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
[email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the reef fish
fishery under the Reef Fish FMP. The Reef Fish FMP was prepared by the
Council and is implemented by NMFS through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
Background
The Madison-Swanson and Steamboat Lumps MPAs were established on
June 19, 2000 (65 FR 31827, May 19, 2000). The two MPAs combined cover
219 square nautical miles (nmi\2\) (751 square kilometers (km\2\)) near
the 240-foot (73-meter) contour, also known as the 40-fathom contour,
off northwest and west Florida. The area of Madison-Swanson is 115
nmi\2\ (394 km\2\) and the area of Steamboat Lumps is 104 nmi\2\ (357
km\2\). The distance between these MPAs is approximately 69 nmi (127
km). The Council and NMFS created the MPAs to provide protection to
spawning aggregations of gag, which is a species of grouper, and other
reef fish. When the MPAs were implemented, all fishing inside the MPAs
was prohibited, except for Atlantic highly migratory species (HMS) such
as tunas, billfishes, and oceanic sharks, which are managed separately
by NMFS' Atlantic HMS Management Division. Since 2004, surface trolling
has been allowed for non-reef fish species in the MPAs from May 1
through October 31 annually (69 FR 24532, May 4, 2004). In 2006, NMFS
implemented complementary management measures to prohibit fishing for
Atlantic HMS except by surface trolling from May 1 through October 31
annually (71 FR 58058, October 2, 2006). In addition, the possession of
Gulf reef fish while inside the MPAs is prohibited, except on a vessel
in transit with fishing gear stowed as specified in Sec. 622.34(a)(4).
At its October 2019 meeting, the Council's Reef Fish Advisory Panel
(AP) discussed observations of illegal harvest of reef fish species
under the appearance of trolling within the boundaries of the MPAs.
Reef Fish AP members believed that the MPAs are not a legitimate
trolling destination for non-reef fish species and that the illegal
harvest of reef fish is occurring in these areas. Reef Fish AP members
also acknowledged that it was possible to drift through the MPAs with
fishing tackle weighted deep below the vessel to increase the
probability of hooking a reef fish. At this meeting, an enforcement
officer from the Florida Fish and Wildlife Conservation Commission
noted that enforcement of the MPAs is challenging due to the remote
locations.
At its January 2020 meeting, the Council discussed the Reef Fish
AP's recommendation to prohibit all fishing (other than for Atlantic
HMS) in the MPAs year-round to reduce the potential for targeting reef
fish while bottom fishing under the guise of trolling within the MPAs.
The U.S. Coast Guard representative on the Council agreed that
enforcement in the MPAs can be difficult due to the distance from port.
In response to these concerns, the Council developed a framework
action that would modify the restrictions on fishing in, and transiting
through, the Madison-Swanson and Steamboat Lumps MPAs in the eastern
Gulf. The framework action would prohibit all fishing, except for HMS,
year-round in the Madison-Swanson and Steamboat Lumps MPAs, and
prohibit the possession of Gulf reef fish year-round in these areas
unless a vessel has a valid Federal commercial permit for Gulf reef
fish, an operating satellite-based VMS, and is in transit with fishing
gear appropriately stowed. The Council determined that eliminating
surface trolling from May 1 through October 31, which would effectively
close the MPAs to fishing year-round, would make it easier for law
enforcement to detect whether a vessel was fishing within the MPAs and
result in direct positive effects for mature spawning gag that are
known to inhabit the MPAs, as well as other resident federally managed
reef fish. The Council also determined that a prohibition on possession
Gulf reef fish would aid law enforcement. However, in response to
concerns raised by fishermen who hold Federal commercial reef fish
permits, the Council made an exception to this prohibition for vessels
issued these permits because those vessels are easily tracked through
the required VMS.
These prohibitions would not apply to Atlantic HMS. However, on
July 20, 2020, the Council sent a letter that requested the NMFS
Atlantic HMS Management Division consider developing compatible
regulations for HMS to the proposed management measures in the
framework action. Federal regulations currently applicable to Atlantic
HMS in the MPAs are located at 50 CFR 635.
Management Measures Contained in This Proposed Rule
This proposed rule would prohibit fishing year-round in the
Madison-Swanson and Steamboat Lumps MPAs. Additionally, the possession
of any Gulf reef fish would be prohibited year-round in the MPAs, with
a limited exception.
This proposed rule would revise current fishing restrictions in the
MPAs. Currently, surface trolling is the only allowable fishing
activity and is only permitted from May through October each year.
Surface trolling is defined in Sec. 622.34(a)(5) as fishing with lines
trailing behind a vessel which is in constant motion at speeds in
excess of four knots (4.6 mph) with a visible wake, and the use of
downriggers, wire lines, planers, or similar devices is not allowed.
Federally managed species that may be targeted by surface trolling in
the MPAs include the Gulf CMP species
[[Page 12165]]
king mackerel and Spanish mackerel, and HMS.
This proposed rule would prohibit fishing year-round for all
species except HMS. However, as stated earlier, NMFS may implement
compatible regulations for HMS later, as requested by the Council.
Currently, fishing vessels with Gulf reef fish on board may transit
through the MPAs as long as all fishing gear is appropriately stowed.
This provision allows transiting fishing vessels to proceed between
destinations, without the need to reroute to avoid a specific area even
if they are in possession of reef fish. For these MPAs, transit means
non-stop progression through the area and fishing gear appropriately
stowed is defined in 50 CFR 622.34(a)(4)(i) through (iv). This proposed
rule would prohibit the possession of Gulf reef fish in the MPAs even
when transiting unless the vessel was issued a valid Federal commercial
permit for Gulf reef fish, which requires an operating satellite-based
VMS. As with the current regulation, all fishing gear would need to be
appropriately stowed.
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 the framework amendment, the FMP, the Magnuson-Stevens
Act, and other applicable laws, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is as follows. A copy of the
full analysis is available from NMFS (see ADDRESSES).
A description of the action, why it is being considered, and the
objectives of and legal basis for this action are contained at the
beginning of this SUPPLEMENTARY INFORMATION section and in the SUMMARY
section of the preamble.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. In addition, no new reporting or
recordkeeping compliance requirements are introduced in this proposed
rule.
The proposed rule concerns recreational and commercial fishing
within the Madison-Swanson and Steamboat Lumps MPAs within the Gulf
exclusive economic zone (EEZ). Currently, the possession of Gulf reef
fish in these MPAs is generally prohibited, and surface trolling is the
only allowable fishing activity during May through October. As stated
previously, this proposed rule does not affect Atlantic HMS. Therefore,
the proposed rule directly affects both anglers (recreational fishers)
and commercial fishing businesses that harvest non-reef fish species,
such as king mackerel, Spanish mackerel, or cobia within the MPAs by
surface trolling and both anglers, and charter vessels and headboats
(for-hire) fishing businesses that operate vessels that transit through
the MPAs with reef fish onboard. Because of the proximity of the MPAs
to the west coast of Florida, NMFS expects that any entity that may
surface troll for CMP species within the MPAs or operate a vessel that
transits through the MPAs with reef fish onboard lands its catch in
Florida.
Anglers are not considered small entities as that term is defined
in 5 U.S.C. 601(6), whether fishing from for-hire fishing, private, or
leased vessels. Therefore, neither estimates of the number of anglers,
nor the impacts on them are required or provided in this analysis.
Any business that operates a commercial fishing vessel that
harvests either king mackerel or Spanish mackerel in the Gulf EEZ must
have a valid Federal permit for these Gulf CMP species issued to that
vessel. From 2014 through 2018, an annual average of 2,081 vessels had
Federal commercial permits for one or both of those CMP species, and 77
(3.7 percent) of those permitted vessels used surface trolling to
harvest the CMP species and land their catch in Florida. An estimated
74 businesses operate the 77 vessels, and all of these businesses are
expected to operate primarily in the commercial fishing industry (NAICS
code 11411).
No Federal permit is required for the commercial harvest and sale
of Gulf cobia. However, from 2014 through 2018, an annual average of 5
of the above 77 commercial fishing vessels reported harvesting Gulf
cobia by surface trolling.
For Regulatory Flexibility Act purposes, NMFS has established a
small business size standard for businesses, including their
affiliates, whose primary industry is commercial fishing (see 50 CFR
200.2). A business primarily involved in commercial fishing (NAICS
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. The average
annual revenue per vessel for the 77 vessels that harvest CMP species
by surface trolling and land those fish in Florida is $14,707 (2018
dollars). Therefore, the 74 commercial fishing businesses that operate
the 77 vessels are classified as small.
Any business that operates a for-hire fishing vessel that has reef
fish onboard in the Gulf EEZ must have a valid Federal charter vessel/
headboat permit for Gulf reef fish. As of June 23, 2020, there were 770
such permits held by entities residing in Florida. That figure is also
consistent with the average annual number of Federal charter vessel/
headboat permits for Gulf reef fish held by entities residing in
Florida from 2014 through 2018. The proposed rule would not directly
affect for-hire vessels with both valid Federal charter vessel/headboat
permits and commercial permits for Gulf reef fish, and approximately 24
percent (183) of the for-hire vessels have both permits. Therefore, 587
vessels with a Federal charter vessel/headboat permit for Gulf reef
fish could be directly affected by the proposed rule. An estimated 411
businesses operate these 587 vessels.
A business in the for-hire fishing industry (NAICS code 487210) is
a small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates) and its
combined annual receipts that are no more than $8.0 million for all of
its affiliated operations worldwide. The average charter vessel
operating in the Gulf with a Federal reef fish permit is estimated to
receive approximately $88,095 (2018 dollars) in gross revenue annually.
The average headboat operating in the Gulf with a Federal reef fish
permit is estimated to receive approximately $267,358 (2018 dollars) in
gross revenue annually. From that, NMFS concludes that the above 411
for-hire fishing businesses are classified as small.
Currently, from May through October, surface trolling is allowed
within the MPAs. The proposed rule would prohibit surface trolling
within the MPAs year-round.
Average annual dockside revenue from CMP species landed by
federally permitted commercial vessels from May through October of 2014
through 2018 accounted for 20 percent ($2,948 in 2018 dollars) of the
annual dockside revenue from all landings by the average federally
permitted vessel that used surface trolling and landed CMP species in
Florida. If all May through October
[[Page 12166]]
landings of CMP species by these vessels were entirely of CMP species
harvested from the MPAs, the average adverse economic impact of the
proposed rule would be $2,948 annually per vessel for 77 CMP federally
permitted vessels. However, that is highly unlikely. The MPAs are small
and represent a relatively small percentage of the Gulf EEZ. Madison-
Swanson is 115 nmi\2\ (394 km\2\) and Steamboat Lumps is 104 nmi\2\
(357 km\2\). Moreover, the MPAs are considered as relatively poor
destinations for successful surface trolling. Therefore, NMFS expects
any adverse economic impact of a year-round surface trolling
prohibition on the 74 small commercial fishing businesses to be
minimal.
Currently, possession of Gulf reef fish year-round or any other
species of fish from November through April, including CMP species, is
prohibited in the MPAs, except on a vessel in transit with fishing gear
appropriately stowed. Under the proposed rule, the possession of any
species of Gulf reef fish would be prohibited year-round in the MPAs,
except for a vessel with a valid Federal commercial Gulf reef fish
permit, which is required to have an operating satellite-based VMS,
that is in transit with fishing gear stowed.
Under the proposed rule, the 411 small businesses that operate the
587 for-hire fishing vessels that have a for-hire reef fish permit, but
do not have a Gulf commercial reef fish permit, would no longer be able
to transit through the MPAs with reef fish onboard. It is unknown how
many, if any, of the 587 for-hire vessels transit through the MPAs with
reef fish onboard. However, because of the relatively small size of the
MPAs and the distance between them, NMFS expects that any of those
vessels could relatively easily avoid transiting through the MPAs if
they have reef fish on board and any additional cost to transit around
the MPAs would be minimal.
From the above, NMFS expects any impacts from the proposed rule on
small businesses in the commercial fishing and for-hire fishing
industries to be minimal. Therefore, NMFS concludes that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Marine protected area, Reef
fish.
Dated: February 22, 2021.
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. Amend Sec. 622.34 by:
0
a. Revising paragraph (a) introductory text and paragraphs (a)(2) and
(3), and
0
b. Removing paragraphs (a)(5) and (6).
The revisions read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
(a) Closure provisions applicable to the Madison and Swanson sites,
Steamboat Lumps, and the Edges. For the purpose of this paragraph (a),
fish means finfish, mollusks, crustaceans, and all other forms of
marine animal and plant life other than marine mammals and birds. The
provisions of this paragraph (a) do not apply to Atlantic highly
migratory species, such as tunas, billfishes, and oceanic sharks. See
50 CFR part 635 for any provisions applicable to fishing for or
possession of Atlantic highly migratory species in these areas.
* * * * *
(2) Within the Madison and Swanson sites and Steamboat Lumps:
Fishing is prohibited year-round; possession of Gulf reef fish is
prohibited year-round except when such possession is on a vessel that
has been issued a valid Federal commercial permit for Gulf reef fish,
has an operating satellite-based VMS unit, and is in transit with
fishing gear stowed as specified in paragraph (a)(4) of this section;
and possession of any non-Gulf reef fish species is prohibited year-
round, except for such possession on a vessel in transit with fishing
gear stowed as specified in paragraph (a)(4) of this section.
(3) Within the Edges during January through April each year, all
fishing is prohibited and the possession of any fish species is
prohibited, except for such possession on a vessel in transit with
fishing gear appropriately stowed as specified in paragraph (a)(4) of
this section.
* * * * *
[FR Doc. 2021-04178 Filed 3-1-21; 8:45 am]
BILLING CODE 3510-22-P
