[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Proposed Rules]
[Pages 54663-54665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26468]



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DEPARTMENT OF COMMERCE
50 CFR Part 658

[Docket No. 951013251-5251-01; I.D. 091295B]
RIN 0648-AH72


Shrimp Fishery of the Gulf of Mexico; Amendment 8

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


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ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 8 to the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico 
(FMP). Amendment 8 and this proposed rule would establish a revised FMP 
framework rulemaking procedure for establishing or modifying certain 
management measures applicable to the fishery for royal red shrimp in 
the Gulf of Mexico exclusive economic zone (EEZ). The intended effect 
of this measure is to allow more timely implementation of management 
measures.

DATES: Written comments must be received on or before December 4, 1995.

ADDRESSES: Comments on the proposed rule must be sent to Michael E. 
Justen, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Requests for copies of Amendment 8, which includes a regulatory impact 
review (RIR) and an environmental assessment (EA), should be sent to 
the Gulf of Mexico Fishery Management Council, 5401 West Kennedy 
Boulevard, Suite 331, Tampa, FL 33609.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.

SUPPLEMENTARY INFORMATION: The shrimp fishery of the Gulf of Mexico is 
managed under the FMP. The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented through 
regulations at 50 CFR part 658 under the authority of the Magnuson 
Fishery Conservation and Management Act (Magnuson Act).
    Amendment 8 would replace the framework rulemaking procedure 
adopted under Amendment 7 with a new procedure for establishing or 
modifying the maximum sustainable yield (MSY), optimum yield (OY), and 
total allowable catch (TAC) for royal red shrimp harvested from the EEZ 
of the Gulf of Mexico. Under the proposed procedure, the Council's 
shrimp stock assessment panel (SAP) would, at least biennially, assess 
the condition of the royal red shrimp resource. The SAP would prepare a 
report to the Council with recommendations for TAC and MSY for royal 
red shrimp. The Council would hold at least one public hearing to 
receive comments on the SAP's report. Prior to taking final action, the 
Council would convene the Socioeconomic Panel, Scientific and 
Statistical Committee, and may convene the Shrimp Advisory Panel to 
provide advice. After considering the recommendations of these advisors 
and information received at the public hearing, the Council would 
determine any necessary changes to MSY, OY and TAC for royal red 
shrimp.
    If the Council concluded that changes to MSY, OY, or TAC are 
needed, the Council would make recommendations, in writing, to the 
Director, Southeast Region, NMFS (Regional Director). The Council's 
recommendations, in the form of a regulatory amendment, would be 
accompanied by the SAP's report, relevant background material, draft 
regulations, an RIR, an EA, and a summary of information received at 
the public hearing. The Council's recommendations would be submitted to 
the Regional Director at least 60 days prior to the desired 
implementation date. The Regional Director would review the Council's 
recommendations, supporting material, and other relevant information.
    If the Regional Director concluded preliminarily that the Council's 
recommendations were consistent with the goals and objectives of the 
FMP, the national standards of the Magnuson Act, other applicable law, 
and the framework procedure, the Regional Director would recommend that 
NMFS publish the changes as a proposed rule in the Federal Register. If 
the Regional Director rejected the proposed measures, he or she would 
provide written reasons to the Council for the rejection, and existing 
regulations would remain in effect pending subsequent action. The 
public comment period on any proposed rule would be not less than 15 
days. After consideration of public comments, NMFS action on the 
proposed changes would be published in the Federal Register. 
Appropriate management measures that could be implemented or adjusted 
by NMFS under this framework procedure would include MSY, OY, and TAC 
for royal red shrimp.
    This framework rulemaking procedure, which replaces that approved 
for Amendment 7, would authorize the Council to recommend, and NMFS to 
approve and implement, a TAC for royal red shrimp no higher than MSY 
plus 30 percent for a test period of up to 2 consecutive years. During 
this test period, NMFS would monitor the fishery, acquire catch, 
effort, and other relevant data, and prepare a report on the status of 
the fishery for the Council.
    A test period of fishing in excess of the current MSY is needed to 
determine the resiliency of the royal red shrimp stock to higher levels 
of fishing and, thus, the appropriate MSY. While the MSY of royal red 
shrimp is currently 392,000 lb (77,808 kg) of tails, the potential 
productivity of the resource is not known because of a lack of fishing 
effort. A moderate, temporary increase in TAC over MSY should provide 
the data necessary for significantly improving the MSY estimate without 
endangering the resource. At the end of the test period, the increased 
TAC (equal to MSY plus 30 percent) would expire and the TAC would 
revert to its current level while the Council completed its analysis of 
information obtained during the test period. If the Council has 
sufficient information from the test period, it may revise its estimate 
of MSY; in that case, it would establish a new TAC based on the new MSY 
and request that the Regional Director implement these revised measures 
through the framework rulemaking procedure (involving publication of 
proposed and final rules). If the Council determines that a two year 
test period has not provided sufficient information for revising MSY 
and TAC, it may recommend to the Regional Director that he set TAC no 
higher than MSY plus 30 percent for another two year test period. Under 
the Amendment 8 framework procedure, MSY and TAC may be revised upwards 
or downwards based on information from the fishing test periods until 
the Council and its advisory panels determine that the MSY and TAC are 
set at the appropriate long-term levels.
    Additional background and rationale for the proposed framework 
rulemaking procedure discussed above are contained in Amendment 8, the 
availability of which was announced in the Federal Register on 
September 19, 1995, (60 FR 48497).

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a council within 15 days of receipt of an 
amendment and regulations. At this time, NMFS has not determined that 
Amendment 8 is consistent with the national standards, other provisions 
of the Magnuson Act, and other applicable law. NMFS, in making that 
determination, will take into account the data, views, and comments 
received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and 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 

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because it merely establishes a framework procedure for implementing 
future management measures. Determinations of economic impact on small 
entities would be made for such management measures as are proposed 
under the framework procedure. As a result, a regulatory flexibility 
analysis was not prepared.

List of Subjects in 50 CFR Part 658

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 20, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 658 is 
proposed to be amended as follows:

PART 658--SHRIMP FISHERY OF THE GULF OF MEXICO

    1. The authority citation for part 658 continues to read as 
follows:

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

    2. A new Sec. 658.29 is added to read as follows:


Sec. 658.29  Adjustment of management measures.

    In accordance with the procedures and limitations of the Fishery 
Management Plan for the Shrimp Fishery of the Gulf of Mexico, the 
Regional Director may establish or modify the maximum sustainable 
yield, optimum yield, and total allowable catch for royal red shrimp.
[FR Doc. 95-26468 Filed 10-20-95; 2:24 pm]
BILLING CODE 3510-22-F