[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Proposed Rules]
[Pages 27952-27954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13084]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622 and 640

[Docket No. 990506122-9122-01; I.D. 020899A]
RIN 0648-AL42


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Fishery Management Plans of the South Atlantic Region (FMPs); Addition 
to Framework Provisions

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement that portion of the 
Comprehensive Amendment Addressing Sustainable Fisheries Act 
Definitions and other Required Provisions in Fishery Management Plans 
of the South Atlantic Region (Comprehensive Amendment) that would 
modify the framework procedures in FMPs to allow addition of biomass 
levels and age-structured analyses. The intended effect is to provide a 
more timely mechanism for incorporating biomass levels and age-
structured analyses into those FMPs when such information becomes 
available.

DATES: Written comments must be received on or before July 8, 1999.
ADDRESSES: Comments on this proposed rule or on the Regulatory Impact 
Review (RIR) must be sent to the Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702.
    Requests for copies of the Comprehensive Amendment, which includes 
an environmental assessment, an RIR, and a social impact assessment/
fishery impact statement should be sent to the South Atlantic Fishery 
Management Council, Southpark Building, One Southpark Circle, Suite 
306, Charleston, SC 29407-4699; Phone: 843-571-4366; Fax: 843-769-4520; 
Electronic mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-570-5305.

SUPPLEMENTARY INFORMATION: The Comprehensive Amendment addresses 
fisheries under the FMPs. The FMPs were prepared by the South Atlantic 
Fishery Management Council (Council) except for the coastal migratory 
pelagics and spiny lobster fishery management plans that were prepared 
jointly by the South Atlantic and Gulf of Mexico Fishery Management 
Councils. All of these FMPs, except spiny lobster, are implemented 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622. The Fishery Management Plan for the Spiny Lobster Fishery of the 
Gulf of Mexico and South Atlantic is implemented by regulations at 50 
CFR part 640.
     Section 303 of the Magnuson-Stevens Act requires that the Regional 
Fishery Management Councils amend their FMPs to assess more 
quantitatively the condition of the various managed stocks and to 
rebuild stocks to achieve maximum sustainable yield (MSY). Ultimately, 
this requires detailed estimates concerning the biomass of the stock 
and age-structured analyses to generate the various biomass-based

[[Page 27953]]

parameters, e.g., MSY, minimum stock size threshold. The Council's 
Comprehensive Amendment indicates that for all the species under the 
Council's jurisdiction, information sufficient to generate these 
estimates was available for only one species, black sea bass. Until 
better data become available, the Council proposes that all other 
species be managed using a proxy based on spawning potential ratio to 
represent these biomass levels.
    As better data become available for each of the managed species, 
true biomass-based estimates of the stock will need to be substituted 
for the current proxy values. The Council wants to ensure that there is 
a timely mechanism for adding biomass levels and age-structured 
analyses to FMPs as soon as possible. These proposed regulations 
reflect the Comprehensive Amendment's modification of the existing 
framework procedures in the Council's FMPs to allow biomass levels and 
age-structured analyses to be incorporated, as soon as they are 
available, through the framework process. Although the FMPs' framework 
procedures refer to rulemaking, NMFS does not intend to specify biomass 
levels and age-structured analyses in codified text. However, NMFS 
would publish notice of the proposed changes in the Federal Register 
and would solicit public comment in accordance with the FMP framework 
procedure. This would allow more timely implementation while ensuring 
the opportunity for adequate review and public comment.

Availability of the Comprehensive Amendment

    Additional background and rationale for the measures discussed here 
are contained in the Comprehensive Amendment, the availability of which 
was announced in the Federal Register (64 FR 8052, February 18, 1999). 
Written comments on the Comprehensive Amendment must have been received 
by April 19, 1999. All comments received on the Comprehensive Amendment 
or on this proposed rule during their respective comment periods will 
be addressed in the preamble to the final rule.

Classification

    At this time, NMFS has not determined that the Comprehensive 
Amendment that this rule would implement is consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws. NMFS, in making that determination, will take into account the 
data, views, and comments received during the comment period on the 
Comprehensive Amendment, as well as the administrative record.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
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 
as follows:

    The Council prepared an RIR to assess the economic effects of 
the proposed Comprehensive Amendment. The RIR indicates that the 
amendment is not expected to result in changes in net national 
benefits because the amendment does not propose any regulatory 
changes, except an adjustment to the existing framework procedure in 
Council FMPs. The adjustment to the framework procedure would add 
biomass levels and age-structured analyses to the list of actions 
that could be implemented via the framework. With this framework 
adjustment, biomass levels and age-structured analyses could be 
added to the respective FMPs in a timely manner when the information 
becomes available. The future addition of these two elements to FMPs 
through the framework would not require any change to the 
regulations. Based on the findings of the RIR, the Council and NMFS 
determined that the Comprehensive Amendment will not result in a 
significant economic impact on a substantial number of small 
entities.

    Because of this certification, preparation of an initial regulatory 
flexibility analysis is not required and none was prepared.

List of Subjects

50 CFR Part 640

    Fisheries, Fishing, Incorporation by reference, Reporting and 
recordkeeping requirements.

50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 18, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR parts 622 and 640 
are proposed to be 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. 622.48, the introductory text and paragraphs (c), (f), 
(g), and (h) are revised to read as follows:


Sec. 622.48  Adjustment of management measures.

    In accordance with the framework procedures of the applicable FMPs, 
the RD may establish or modify the following items:
* * * * *
    (c) Coastal migratory pelagic fish. For cobia or for a migratory 
group of king or Spanish mackerel: Biomass levels, age-structured 
analyses, MSY, overfishing level, TAC, quota (including a quota of 
zero), bag limit (including a bag limit of zero), minimum size limit, 
vessel trip limits, closed seasons or areas, gear restrictions (ranging 
from regulation to complete prohibition), reallocation of the 
commercial/recreational allocation of Atlantic group Spanish mackerel, 
and permit requirements.
* * * * *
    (f) South Atlantic snapper-grouper and wreckfish. For species or 
species groups: Biomass levels, age-structured analyses, target dates 
for rebuilding overfished species, MSY, ABC, TAC, quotas, trip limits, 
bag limits, minimum sizes, gear restrictions (ranging from regulation 
to complete prohibition), and seasonal or area closures.
    (g) South Atlantic golden crab. Biomass levels, age-structured 
analyses, MSY, ABC, TAC, quotas (including quotas equal to zero), trip 
limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, time frame for recovery of 
golden crab if overfished, fishing year (adjustment not to exceed 2 
months), observer requirements, and authority for the RD to close the 
fishery when a quota is reached or is projected to be reached.
    (h) South Atlantic shrimp. Biomass levels, age-structured analyses, 
certified BRDs and BRD specifications.
* * * * *

PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH 
ATLANTIC

    3. The authority citation for part 640 continues to read as 
follows:

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

    4. A new Sec. 640.25 is added to subpart B to read as follows:


Sec. 640.25  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery 
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and 
South Atlantic, the RD may establish or modify the

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following items: Biomass levels, age-structured analyses, limits on the 
number of traps fished by each vessel, construction characteristics of 
traps, specification of gear and vessel identification requirements, 
specification of allowable or prohibited gear in a directed fishery, 
specification of bycatch levels in non-directed fisheries, changes to 
soak or removal periods and requirements for traps, recreational bag 
and possession limits, changes in fishing seasons, limitations on use, 
possession, and handling of undersized lobsters, and changes in minimum 
size.
[FR Doc. 99-13084 Filed 5-21-99; 8:45 am]
BILLING CODE 3510-22-F