[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] ----------------------------------------------------------------------- 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. [[Page 54664]] ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- 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 [[Page 54665]] 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