[Federal Register Volume 61, Number 175 (Monday, September 9, 1996)]
[Rules and Regulations]
[Pages 47446-47449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22958]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 960409106-6207-02; I.D. 031196A]
RIN 0648-AG26
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery Off the Southern Atlantic States; Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 1 to the
Fishery Management Plan for the Shrimp Fishery of the South Atlantic
Region (FMP). This rule prohibits trawling for rock shrimp in an area
off the Florida east coast; requires permits for dealers and vessels in
the rock shrimp fishery off the southern Atlantic states; requires
dealers to report information needed to monitor the fishery; and
requires that the initial sale, trade, barter, or transfer of rock
shrimp harvested from the exclusive economic zone (EEZ) off the
southern Atlantic states occur only between permitted dealers and
permitted vessels. In addition, NMFS informs the public of the approval
by the Office of Management and Budget (OMB) of the collection-of-
information requirements contained in this rule. The intended effect is
to protect critical habitat and conserve and manage the rock shrimp
fishery.
EFFECTIVE DATES: October 9, 1996; except that the amendments to
Secs. 622.4, 622.5, and 622.45 are effective November 1, 1996.
ADDRESSES: Requests for copies of the final regulatory flexibility
analysis (FRFA) should be sent to Peter J. Eldridge, Southeast Regional
Office,
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NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Comments regarding the collection-of-information requirements
contained in this rule should be sent to Edward E. Burgess, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702, and to the Office of Information and Regulatory Affairs, OMB,
Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic
Fishery Management Council (Council) under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act). The
background and rationale for the measures in Amendment 1, and the
rationale for NMFS's disapproval, based on a preliminary evaluation of
Amendment 1, of a measure that would have required vessel operator
permits, were contained in the preamble to the proposed rule (61 FR
17866, April 23, 1996) and are not repeated here.
Comments and Responses
Comment: One fisherman commented that the area being closed to
trawling is too large. He believes the outer or offshore edge of the
closed area should be moved shoreward from the proposed 100-fathom
(183-m) depth contour to the offshore edge of the Oculina Bank Habitat
Area of Particular Concern (HAPC). He states that this will allow
fishermen to continue their harvest of pink and rock shrimp in this
area. In addition, he recommends delaying implementation of Amendment 1
until after the 1996 rock shrimp season (July through October).
Response: Amendment 1 specifically addresses the need to minimize
impacts of the rock shrimp fishery on essential bottom habitat.
Amendment 1 will extend protection of the valuable Oculina coral
species and its existing habitat to the north and east of the existing
HAPC. Amendment 1 recognizes and analyzes the adverse economic impacts
of displacing fishermen from the area in which trawling would be
prohibited. The Council concluded that the potential long-term economic
benefits of the closed area would outweigh the short-term adverse
effects. NMFS concurs with that conclusion. Thus, NMFS does not support
moving the outer boundary of the proposed no-trawling area shoreward to
the edge of the HAPC. Also, because of documented damage to Oculina
habitat from trawling, to the detriment of the important species
dependent on that habitat, it is not wise or prudent to delay
implementation of approved Amendment 1.
Changes from the Proposed Rule
Since the proposed rule was published, NMFS has consolidated most
of its fishery regulations for the Southeast Region into one set of
regulations at 50 CFR part 622 (published on July 3, 1996, 61 FR
34930). Accordingly, the implementing regulations for Amendment 1 in
this final rule are amendments to part 622 in lieu of amendments to the
south Atlantic shrimp regulations, previously contained in part 659.
Part 622 contains general provisions common to all federally managed
fisheries (e.g., permit application procedures, vessel and gear
identification requirements, and prohibitions). Therefore, such general
provisions that appeared in the proposed rule are not included in this
final rule. Minor changes in language have been made to conform to the
standards in part 622. The proposed rule would have required the owner
or operator of a permitted vessel or a permitted dealer to notify the
Director, Southeast Region, NMFS (RD) within 15 days after any change
in the information previously submitted on the permit application. To
conform with the standard in other fisheries permitted by the RD, as it
exists in part 622, the time frame for that notification is changed to
30 days.
Effective Dates
To allow time to publicize the requirements for vessel and dealer
permits, distribute applications for such permits, receive and process
applications, and issue permits, NMFS makes the provisions of this
final rule that require permits, or that are dependent on the
possession of a permit, effective November 1, 1996.
Classification
The RD determined that Amendment 1 is necessary for the
conservation and management of the shrimp fishery off the southern
Atlantic states and that it is consistent with the Magnuson Act and
other applicable law, with the exception of the measure that was
previously disapproved. See the proposed rule for a discussion of the
disapproved measure.
This action has been determined to be not significant for purposes
of E.O. 12866.
NMFS prepared a final regulatory flexibility analysis (FRFA) that
indicates this final rule is necessary to minimize the impacts of rock
shrimp trawling on important coral and coral reef resources and on
live- and hard-bottom habitats within and adjacent to the HAPC off the
east coast of Florida. Minimizing habitat damage will enhance survival
of juvenile rock shrimp and snapper-grouper species dependent upon this
habitat. Also this rule will allow NMFS to collect fishery and
biological information necessary to improve the management program and
to ensure attainment of optimum yield over the long-term. The one
public comment received on the proposed rule indicated that the area
closed to shrimp trawling is too large and should be reduced to
minimize lost pink and rock shrimp harvest. The Council had already
assessed this option in the initial regulatory flexibility analysis
(IRFA) and related analyses of management options supporting its
preferred measures in Amendment 1; it concluded that a smaller closed
area would not offer sufficient habitat protection (see comments and
responses above). Accordingly, this comment did not result in changes
to the conclusions of the IRFA.
The FRFA indicates that this rule will result in significant
economic impacts on between 65 and 108 vessels and 12 dealers; all of
these vessels and dealers are considered small entities for purposes of
the Regulatory Flexibility Act. The magnitude of the impacts per small
entity were difficult to quantify because rock shrimp landings vary
considerably from year to year and rock shrimp exhibit considerable
geographic movement and could move from areas closed to trawling to
open areas and, thus, be harvested. The principal adverse impacts will
result from prohibiting shrimp trawling in the closed area. Assuming
that the affected vessels cannot redirect their fishing effort to other
areas, and assuming continuation of recent harvest rates, affected
vessels may lose approximately $41,000 each the first year. It is
likely, however, that most vessels will be able to shift their effort
to other areas or to other fisheries and these losses are not projected
for the long-term. The extent to which vessels are able to shift to
open areas or to other fisheries will determine how well they can
minimize reduced rock shrimp catches and revenues; this extent cannot
be estimated at this time. It is possible that some vessels may not
demonstrate reduced net revenues if, by switching to other fishing
areas, they can harvest larger sized shrimp that bring a significantly
higher price per pound.
This final rule contains new collection-of-information requirements
including: Vessel permit applications; dealer permit applications;
dealer
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reports regarding rock shrimp receipts; and vessel identification
requirements. These requirements will affect vessel owners or operators
who choose to participate in the rock shrimp fishery and dealers who
intend to purchase rock shrimp from permitted vessels. The professional
skills necessary for complying with these information collection
requirements are the same as required by the vessel owners/operators
and dealers permitted in other federally managed fisheries of the south
Atlantic area; these skills include the ability to understand, fill
out, and submit to NMFS necessary application forms for vessel or
dealer permits and for reporting landings and ex-vessel prices.
In trying to minimize significant economic impacts on small
entities, the Council and NMFS considered numerous management
alternatives in selecting the preferred management measures regarding
addition of rock shrimp to the FMP management unit, habitat and shrimp
resource protection, and permitting and reporting requirements. In
general, some of the management options considered and rejected would
have had less of a short-term impact on rock shrimp fishermen but the
long-term damage to essential habitat and resource productivity would
have been greater. Regarding the management unit measure, the FRFA
indicates that a management unit with a smaller geographic range would
not provide management authority for future, timely regulatory actions
necessary to protect shrimp and habitat resources beyond the Oculina
HAPC. Regarding the extent of the area closed to shrimp trawling, the
area chosen was proposed by the industry as representing an acceptable
balance between protecting critical shrimp and habitat resources and
minimizing adverse, regulatory impacts. Rock shrimp fishing in the area
to be closed has occurred only in recent years and the catch has
consisted mainly of very small rock shrimp, which are intercepted
before they reach traditional fishing grounds. The trawling closure
area may result in higher fishery yields and revenues over the long-
term, in part because small shrimp, otherwise harvested, will be
allowed to reach a larger size and command a higher market price per
pound. Regarding permitting and reporting and recordkeeping
requirements, the Council deliberately chose an approach that would
minimize burdens on reporting entities while still providing the
information on actual landings and harvest locations necessary for
management. While permits are required for vessels and dealers, only
the dealers are required to submit reports on landings. The Council
decided that this approach would minimize burdens on the individual
fisherman (e.g., no mandatory log book system required). Also, the
Council encouraged NMFS to use information from state fisheries
agencies, particularly from Florida where most landings occur, to
minimize additional reporting burdens on dealers. Refer to the FRFA for
further details (see ADDRESSES). Notwithstanding any other provision of
law, no person is required to respond to nor shall a person be subject
to a penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act (PRA) unless
that collection of information displays a currently valid OMB control
number.
This rule contains new collection-of-information requirements
subject to the PRA for vessels and dealers in the rock shrimp fishery--
namely, vessel permit applications, dealer permit applications, dealer
reports regarding rock shrimp receipts, and vessel identification
requirements. The existing vessel identification requirements contained
in 50 CFR 622.6(a)(1)(i) and (a)(2) are made applicable to a vessel in
the rock shrimp fishery by requiring such vessel to obtain a permit--
each vessel for which a permit has been issued under 50 CFR 622.4 is
required to comply with those requirements. These collections of
information have been approved by OMB under OMB control numbers 0648-
0205, 0648-0205, 0648-0013, and 0648-0306, respectively. The public
reporting burdens for these collections are estimated to average 20, 5,
15, and 45 minutes per response, respectively, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information. Send comments regarding any of these
reporting burden estimates, or any other aspect of the collections of
information, including suggestions for reducing the burdens, to NMFS
and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 3, 1996.
N. Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF 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 Sec. 622.2, the definition of ``Dealer'' is added, in
alphabetical order, to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Dealer, in addition to the definition specified in Sec. 600.15 of
this chapter, means the person who first receives rock shrimp harvested
from the EEZ upon transfer ashore.
* * * * *
3. In Sec. 622.4, effective November 1, 1996, paragraph
(a)(2)(viii) is added and the first sentence of paragraph (a)(4) is
revised to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(viii) South Atlantic rock shrimp. For a person aboard a vessel to
fish for rock shrimp in the South Atlantic EEZ or possess rock shrimp
in or from the South Atlantic EEZ, a commercial vessel permit for rock
shrimp must be issued to the vessel and must be on board.
* * * * *
(4) * * * For a dealer to receive Gulf reef fish, golden crab
harvested from the South Atlantic EEZ, South Atlantic snapper-grouper,
rock shrimp harvested from the South Atlantic EEZ, or wreckfish, a
dealer permit for Gulf reef fish, golden crab, South Atlantic snapper-
grouper, rock shrimp, or wreckfish, respectively, must be issued to the
dealer. * * *
* * * * *
4. In Sec. 622.5, effective November 1, 1996, paragraph (c)(7) is
added to read as follows:
Sec. 622.5 Recordkeeping and reporting.
(c) * * *
(7) South Atlantic rock shrimp. (i) A dealer who has been issued a
permit for rock shrimp, as required under Sec. 622.4(a)(4), and who is
selected by the SRD must provide information on receipts of rock shrimp
and prices paid on forms available from the SRD. The required
information must be submitted to the SRD at monthly intervals
postmarked not later than 5 days after the end of each month. Reporting
frequencies and reporting deadlines may be modified upon notification
by the SRD.
(ii) On demand, a dealer who has been issued a dealer permit for
rock
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shrimp, as required under Sec. 622.4(a)(4), must make available to an
authorized officer all records of offloadings, purchases, or sales of
rock shrimp.
* * * * *
5. In Sec. 622.35, paragraph (g) is added to read as follows:
Sec. 622.35 South Atlantic EEZ seasonal and/or area closures.
* * * * *
(g) Rock shrimp closed area. No person may trawl for rock shrimp in
the area east of 80 deg.00' W. long. between 27 deg.30' N. lat. and
28 deg.30' N. lat. shoreward of the 100-fathom (183-m) contour, as
shown on the latest edition of NOAA chart 11460; and no person may
possess rock shrimp in or from this area on board a fishing vessel.
6. In Sec. 622.45, effective November 1, 1996, paragraph (g) is
added to read as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(g) South Atlantic rock shrimp. (1) Rock shrimp harvested in the
South Atlantic EEZ on board a vessel that does not have a valid
commercial permit for rock shrimp, as required under
Sec. 622.4(a)(2)(viii), may not be transferred, received, sold, or
purchased.
(2) Rock shrimp harvested on board a vessel that has a valid
commercial permit for rock shrimp may be transferred or sold only to a
dealer who has a valid permit for rock shrimp, as required under
Sec. 622.4(a)(4).
(3) Rock shrimp harvested in the South Atlantic EEZ may be received
or purchased by a dealer who has a valid permit for rock shrimp, as
required under Sec. 622.4(a)(4), only from a vessel that has a valid
commercial permit for rock shrimp.
[FR Doc. 96-22958 Filed 9-6-96; 8:45 am]
BILLING CODE 3510-22-F