[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Proposed Rules]
[Pages 59152-59153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28476]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990621165-9165-01; I.D. 022599A]
RIN 0648-AL43


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Essential Fish Habitat (EFH) for Species in the South Atlantic; 
Amendment 4 to the Fishery Management Plan for Coral, Coral Reefs, and 
Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP)

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

ACTION: Supplement to the proposed rule; request for comments.

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SUMMARY: NMFS issues this supplement to the proposed rule for Amendment 
4 to the Coral FMP, which is contained in the Comprehensive Amendment 
Addressing Essential Fish Habitat in Fishery Management Plans of the 
South Atlantic Region (EFH Amendment). The supplement is intended to 
provide information inadvertently omitted from the summary of the 
initial regulatory flexibility analysis (IRFA) published in the 
proposed rule to implement Amendment 4 to the Coral FMP. Specifically, 
this supplement summarizes IRFA information regarding the economic 
impact the proposed rule would have on the shark, grouper, and tilefish 
fisheries.

DATES: Written public comments on this supplement to the proposed rule 
for Amendment 4, the IRFA, and the original proposed rule for Amendment 
4 will be accepted until December 2, 1999.

ADDRESSES: Written comments should be sent to the Southeast Regional 
Office, NMFS, 9721 Executive Center Drive N., St Petersburg, FL 33702. 
Copies of the IRFA are available from the Southeast Regional Office.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, 727-570-5305.

SUPPLEMENTARY INFORMATION: This supplement to the proposed rule for 
Amendment 4 to the Coral FMP republishes, for the convenience of the 
public, the portion of the classification section of the proposed rule 
for Amendment 4 (64 FR 37082; July 9, 1999) that addressed the 
Regulatory Flexibility Act and adds information inadvertently omitted 
from the classification section relevant to the economic impact the 
proposed rule would have on the shark, grouper, and tilefish fisheries.

Classification

    The EFH Amendment contains Amendment 4 to the Coral FMP (Actions 3A 
and 3B in the EFH Amendment). Except for Actions 3A and 3B, the EFH 
Amendment does not contain measures that would result in immediate 
economic effects. These actions would enlarge the existing Oculina Bank 
HAPC, add two ``satellite'' HAPC areas, and prohibit bottom longline, 
bottom trawl, dredge, pot or trap fishing in these areas. The Council 
originally determined that these regulations would affect trawling for 
calico scallops, but suggested that there would not be a significant 
impact on a substantial number of small entities. NMFS reviewed the 
Council's suggestion and made an independent determination that certain 
criteria for significance, in particular the NMFS criterion of a 5 
percent negative impact on revenues, may be met. NMFS also noted that 
information relative to the impacts on calico scallopers homeported 
outside the east coast of Florida was not available. In an effort to 
supply some of the missing information, NMFS subsequently interviewed 9 
vessel owners who represented 11 vessels not homeported on the east 
coast of Florida. The combined response was that owners of 4 of the 
vessels, or 36 percent of the sample, reported 5 percent or more of 
their calico scallop harvests as coming from the areas where trawling 
would be prohibited. Accordingly, NMFS determined there would be a 
significant impact on a substantial number of small calico scallop 
entities and prepared an IRFA.
    In addition to the new information gathered by NMFS, 178 fishermen 
have recently indicated that the expanded Oculina HAPC will have a 
significant impact on their historical shark and snapper/grouper 
species landings. These fishermen have provided NMFS with maps showing 
their fishing areas and have also provided information regarding the 
potential revenue impacts of the area to be closed to their fishing 
operations. NMFS subsequently contacted the Florida Department of 
Environmental Protection's Marine Fisheries Information System (DEP) 
and reviewed information from the NMFS Accumulative Landings System to 
obtain catch data for the offshore area encompassing the expanded 
Oculina HAPC. The data obtained indicate that these fishermen may be 
impacted by the regulations. There are two statistical areas, 
specifically 732.9 and 736.9, that include the expanded Oculina HAPC. 
In the case of sharks taken by bottom longline gear in 1997, the DEP 
data show a catch of 289,316 pounds (131,234 kg) while similar NMFS 
data indicate a catch of 295,529 pounds (134,052 kg) for areas 732.9 
and 736.9 combined. These landings are from large areas that encompass 
the expanded Oculina HAPC, so a smaller, but an unknown portion of the 
landings may have been taken from the expanded Oculina HAPC. Due to a 
continuing lack of definitive information regarding the significance of 
the proposed actions on small business entities, including firms that 
engage in trawling for calico scallops and firms that engage in bottom 
longline fishing for sharks and snapper-grouper species, NMFS is 
soliciting additional information during the public comment period on 
this supplement to the proposed rule. Any new information which becomes 
available during the public comment period will be carefully reviewed 
by NMFS and will be used in developing the Final Regulatory Flexibility 
Analysis for the final rule. A summary of the IRFA follows.
    The proposed action responds to the Magnuson-Stevens Act 
requirements to identify essential fish habitats and to minimize any 
fishing related damage to these habitats. The overall objective of the 
proposed rule is to identify and maintain essential fish habitats. The 
Magnuson-Stevens Act provides the legal basis for the rule. Most of the 
provisions of the proposed rule would result in regulations that would 
not have cost or revenue effects on small entities. However, a proposal 
to enlarge

[[Page 59153]]

an existing protected area, called the Oculina Bank HAPC, would also 
prohibit the use of bottom tending gear in the expanded Oculina HAPC. 
This portion of the proposed rule would apply to about 25 small fishing 
businesses that have historically participated in the calico scallop 
fishery. Most of the vessels used by these small businesses were not 
built specifically for harvesting calico scallops, but are shrimp 
trawling vessels using modified gear. In 1997, the industry had 
landings that generated gross revenues of $1.3 million, which indicates 
that gross revenue per vessel averaged about $52,000. Complete 
information regarding variability of revenues among vessels does not 
exist, but it is known with reasonable certainty that the actual 
landings of calico scallops and the associated revenues would show a 
considerable amount of variation among the 25 vessels in the industry, 
and differential impacts are expected.
    Other information indicates the possibility that bottom longline 
fishermen who land sharks and snapper-grouper species may be impacted 
by the prohibition on the use of bottom tending gear in the expanded 
Oculina HAPC. According to information contained in the Final Fishery 
Management Plan for Atlantic Tunas, Swordfish and Sharks, dated April 
1999, there were 802 shark fishermen who reported landings in 1997 and 
are permitted under regulations governing the Highly Migratory Species 
fisheries. The information confirms that these fishermen also target 
other species, including snapper-grouper. During the winter, the 
directed shark fishery is concentrated in the southeastern United 
States, particularly in Florida. However, it is known that the universe 
of 802 shark fishermen includes firms that specialize in the use of 
pelagic longline gear and only a portion of the 802 permitted fishermen 
harvest sharks and other species from the two statistical areas 
containing the expanded Oculina HAPC. Specifically, available 
information indicates that the bottom longline fishermen targeting 
sharks and snapper-grouper species in the general area encompassing the 
Oculina HAPC utilize fishing craft in the 30 to 49-foot (9 to 15-m) 
category, take trips that average 7 to 10 days, incur variable expenses 
of $3,683 per trip, generate gross revenues ranging from $5,954 to 
$7,145 per trip and realize annual returns to the owner, captain, and 
crew that range from $34,000 to $51,000. Regarding compliance costs, 
there are no additional reporting, recordkeeping, or other compliance 
costs associated with the proposed action, and no existing duplicative, 
overlapping, or conflicting Federal rules have been identified. Two 
alternatives were considered and rejected. One of the alternatives 
considered was no action. While this option obviously would have no 
impact on small business entities, it was rejected since it would 
provide no additional protection for essential fish habitats. The other 
alternative would expand the Oculina Bank HAPC by a greater area than 
required by the proposed alternative. This option would provide 
additional protection to essential fish habitats but would result in 
the closure of a major portion of the known historic fishing grounds 
for calico scallops and would result in major negative impacts on the 
calico scallop industry. The resulting negative economic impacts were 
deemed to be greater than the benefits that would accrue from the 
additional protection for essential fish habitats, and the alternative 
was rejected on that basis.
    Copies of the IRFA are available (see ADDRESSES).

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

    Dated: October 22, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-28476 Filed 11-1-99; 8:45 am]
BILLING CODE 3510-22-F