[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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,

[[Page 47447]]

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

[[Page 47448]]

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

[[Page 47449]]

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