[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Page 23211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10943]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 041897B]
RIN 0648-AH52


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 9

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

ACTION: Notice of availability of an amendment to a fishery management 
plan; request for comments.

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

SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council (Council) has submitted Amendment 9 to the Fishery Management 
Plan for the Shrimp Fishery of the Gulf of Mexico (FMP) for review, 
approval, and implementation by NMFS. Written comments are requested 
from the public.

DATES: Written comments must be received on or before June 30, 1997.

ADDRESSES: Comments must be mailed to the Southeast Regional Office, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
    Requests for copies of Amendment 9, which includes a regulatory 
impact review, an initial regulatory flexibility analysis, a social 
impact analysis, and a supplemental final environmental impact 
statement, and of a minority report submitted by three Council members, 
should be sent to the Gulf of Mexico Fishery Management Council, 3018 
U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-2266; Phone: 813-
228-2815; Fax: 813-225-7015.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each Regional 
Fishery Management Council to submit any fishery management plan or 
amendment to the Secretary of Commerce for review and approval, 
disapproval, or partial approval. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving an amendment, immediately publish a 
document in the Federal Register stating that the amendment is 
available for public review and comment.
    Amendment 9 would: (1) Require, with limited exceptions, the use of 
certified bycatch reduction devices (BRDs) in shrimp trawls in the 
exclusive economic zone of the Gulf of Mexico shoreward of the 100-
fathom (183-m) depth contour west of 85 deg.30' W. long.; (2) set the 
red snapper bycatch mortality reduction criterion for NMFS' 
certification of BRDs at 44 percent; and (3) establish an FMP framework 
rulemaking procedure for modifying the bycatch reduction criterion, 
establishing and modifying the BRD testing protocol, and certifying 
BRDs and their specifications.
    The Council's stated purpose for Amendment 9 is to reduce the 
unwanted bycatch of juvenile red snapper in the Gulf of Mexico shrimp 
trawl fishery and, to the extent practicable, not adversely affect this 
fishery. Amendment 9 indicates that its major goal is to achieve a 50 
percent reduction in juvenile red snapper bycatch mortality in shrimp 
trawls compared to a defined baseline period. The red snapper stock in 
the Gulf of Mexico is considered overfished and is under a long-term 
rebuilding program established by the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico. A significant reduction in 
the shrimp fishery bycatch mortality of red snapper is considered 
necessary to ensure recovery of the red snapper resource consistent 
with its established stock rebuilding schedule.
    Three Council members submitted a minority report opposing 
Amendment 9. The minority report reads, in part, as follows:

    We believe that the Council's action to approve Amendment 9 did 
not consider the best available data, and the Council made serious 
procedural and legal errors in proceeding with the approval of 
Amendment 9. We also contend that Amendment 9 is not needed for the 
recovery of the red snapper stocks, the shrimp industry is being 
unfairly required to bear a regulatory burden, and the economic 
impacts of requiring bycatch reduction devices in shrimp trawls will 
be severe to both the industry and the United States.

    The contentions of the three Council members are detailed in the 
minority report, which is available from the Council (see ADDRESSES).
    A proposed rule to implement Amendment 9 has been received from the 
Council. In accordance with the Magnuson-Stevens Act, NMFS is 
evaluating the proposed rule to determine whether it is consistent with 
Amendment 9, the Magnuson-Stevens Act, and other applicable law. If 
that determination is affirmative, NMFS will publish it in the Federal 
Register for public review and comment.
    Comments received by June 30, 1997, whether specifically directed 
to the amendment or the proposed rule, will be considered by NMFS in 
its decision to approve, disapprove, or partially approve Amendment 9. 
Comments received after that date will not be considered by NMFS in 
this decision. All comments received by NMFS on Amendment 9 or on the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

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

    Dated: April 23, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-10943 Filed 4-28-97; 8:45 am]
BILLING CODE 3510-22-F