[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]
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