[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Proposed Rules]
[Pages 59153-59155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28477]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 654
[Docket No. 991021283-9283-01; I.D. 072699D]
RIN 0648-AL81
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plans of the Gulf of Mexico; Addition to FMP
Framework Provisions; Stone Crab Gear Requirements
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 those provisions of the
Generic Sustainable Fisheries Act Amendment to the Fishery Management
Plans (FMPs) of the Gulf of Mexico (SFA Amendment) that would modify
the framework regulatory adjustment procedures in the FMPs for reef
fish, red drum, and coastal migratory pelagics. These FMP framework
modifications would allow timely addition of various stock population
parameters to the appropriate FMP(s), including biomass-based estimates
of minimum stock size thresholds (MSSTs), optimum yield (OY), maximum
sustainable yield (MSY), stock biomass that would be achieved by
fishing at MSY (BMSY), and maximum fishing mortality
thresholds (MFMTs). These regulations also would revise the stone crab
trap construction requirements, as proposed by the SFA Amendment. The
intended effects are to provide a more timely mechanism for
incorporating stock population parameters into the applicable FMPs when
such information becomes available and to establish stone crab trap
construction regulations that are compatible with those of the State of
Florida and that will reduce finfish bycatch.
DATES: Written comments must be received on or before December 17,
1999.
ADDRESSES: Comments on this proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Requests for copies of the SFA Amendment, which includes an
environmental assessment and a regulatory impact review, 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; E-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Roy Crabtree, 727-570-5305.
SUPPLEMENTARY INFORMATION: The SFA Amendment addresses fisheries under
the FMPs for coral and coral reef resources, coastal migratory
pelagics, red drum, reef fish, shrimp, spiny lobster, and stone crab.
The FMPs were prepared by the Gulf of Mexico Fishery Management Council
(Council), except for the FMPs for coastal migratory pelagics and spiny
lobster that were prepared jointly by the South Atlantic and Gulf of
Mexico Fishery Management Councils. All of these FMPs, except the spiny
lobster and stone crab FMPs, 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
[[Page 59154]]
Mexico and South Atlantic is implemented by regulations at 50 CFR part
640; the Fishery Management Plan for the Stone Crab Fishery of the Gulf
of Mexico is implemented by regulations at 50 CFR part 654.
In 1998, NMFS published revised national standard guidelines to
implement the October 1996 amendments to the Magnuson-Stevens Act,
which resulted from the Sustainable Fisheries Act of 1996 (SFA). The
revised guidelines are intended to assist regional fishery management
councils in developing amendments to their fishery management plans to
meet SFA requirements including the description of fisheries and
fishing communities, setting criteria to determine when a stock is
overfished, establishing measures to prevent or end overfishing and
rebuild overfished stocks, assessing the amount and type of bycatch,
and establishing measures to minimize bycatch (63 FR 24212, May 1,
1998).
Using these revised guidelines, the Council developed its SFA
Amendment. Two measures in the SFA amendment, the modification of the
framework procedures and the changes to stone crab trap construction
requirements, would be implemented by regulation. The SFA Amendment
would modify the framework procedures for adjustments in the measures
of FMPs for reef fish, red drum, and coastal migratory pelagics to
allow timely addition/modification of biomass-based estimates of MSST,
OY, MSY, BMSY, estimates of MFMT, and rebuilding schedules
for overfished species, with regard to the subject FMPs. The proposed
revisions to the FMPs' framework procedures would allow more timely
incorporation of these population parameters and rebuilding schedules
into the appropriate FMP, and subsequent modification, as new
scientific information becomes available. These proposed regulations
simply reflect the SFA Amendment's modification of the existing
framework procedures in the Council's FMPs to allow incorporation of
the aforementioned population parameters and their subsequent
modification.
Although the framework procedures of the Council's FMPs generally
refer to rulemaking, NMFS does not intend to specify the actual values
of these population parameters in codified text. However, NMFS would
publish notification of such Council-proposed additions/modifications
of these parameters with regard to an FMP in the Federal Register and
would solicit public comment in accordance with the applicable FMP
framework procedure. After considering the public comment and the
Council's proposal, NMFS would take final action to approve/disapprove
the proposed parameters. Approved population parameters would be
considered legitimate measures of the applicable FMP but would not
appear in codified text. This process should allow more timely
incorporation/modification of such parameters with regard to an FMP,
while ensuring the opportunity for adequate public review and comment.
This proposed rule also would implement stone crab trap
construction requirements compatible with those set forth in Chapter
46-13.002(2)(a) of Florida law. The stone crab fishery is prosecuted
almost exclusively off Florida. Compatible regulations enhance
compliance and enforceability. Since the Council's decision to adopt
stone crab trap construction requirements compatible with Florida's,
Florida has revised its requirements by providing additional options
for complying with the degradable panel specifications. Because it was
the Council's intent to adopt measures compatible with Florida's and
because Florida's revisions, effective June 1, 1999, relieve a
restriction by providing additional options for compliance, NMFS
proposes to revise Sec. 654.22(a)(6)(ii) consistent with Florida's June
1, 1999, revisions. Comments are invited regarding that additional
change.
In addition to the two measures that would be implemented by this
rule, the SFA Amendment includes several measures that are not being
implemented through regulatory text. It describes Gulf of Mexico
fishing communities using existing U.S. census data and information
about regional landings and about fishing participants in various
fisheries for each of the Gulf of Mexico coastal states. It briefly
addresses the Magnuson-Stevens Act requirement to describe fishing
sectors and quantify trends in landings by sector. It defines bycatch
and concludes that, with the addition of changes in the construction of
stone crab pots proposed in this rule, conservation and management
measures currently in place under Council FMPs minimize bycatch and
bycatch mortality to the extent practicable. It also discusses measures
to improve the assessment of the type, amount, and mortality of fish
caught and released alive in recreational catch-and-release programs.
The SFA Amendment specifies status determination criteria and
overfishing thresholds for each FMP that are intended to meet the
appropriate requirements of the Magnuson-Stevens Act and establishes
stock rebuilding schedules for overfished red snapper (1999-2033) and
Gulf-group king mackerel (1999-2009). Stock rebuilding schedules for
Nassau grouper, jewfish, or red drum (also overfished) would be
specified and implemented through the framework procedures of FMPs as
such schedules are developed.
Availability of Comprehensive Amendment
Additional background and rationale for the measures discussed
above are contained in the SFA Amendment, the availability of which was
announced in the Federal Register (64 FR 44884, August 18, 1999). The
public comment period on the SFA Amendment expired on October 18, 1999.
All comments received on the SFA 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 SFA 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 SFA 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.
The basis for this certification follows:
The SFA Amendment would modify the existing framework regulatory
adjustment procedures in the FMPs for coastal migratory pelagics,
reef fish, and red drum to allow timely incorporation into the FMPs
of biomass-based population parameters, such as status determination
criteria (e.g., minimum stock size thresholds) and overfishing
thresholds (e.g., maximum fishing mortality thresholds), as soon as
the necessary scientific information becomes available. The proposed
rule simply reflects the SFA Amendment's proposed modifications in
the FMPs' framework measures. These modifications would have no
immediate economic impacts. Ultimately, these new biological
population parameters, as required by the Magnuson-Stevens Fishery
Conservation and Management Act, may provide the basis for
additional future management actions. The impacts of such future
actions would be evaluated at that
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time in the appropriate supporting regulatory impact analysis.
This proposed rule would also revise the trap construction
requirements for the stone crab fishery to make them compatible with
the requirements established by the State of Florida, where the
majority of the fishery is prosecuted. These changes in trap
construction are intended to minimize the bycatch of finfish in
stone crab traps. The economic impact on affected fishermen will be
very small, almost negligible, because the changes are minor and
because the majority of stone crab traps used in Federal waters
already conform to the Florida requirements for trap design.
As a result, a regulatory flexibility analysis was not required.
List of Subjects
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 654
Fisheries, Fishing.
Dated: October 26, 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 654
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, paragraphs (c) and (d) are revised, and
paragraph (j) is added to read as follows:
Sec. 622.48 Adjustment of management measures.
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(c) Coastal migratory pelagic fish. For a species or species group:
Target date for rebuilding an overfished species, MSY (or proxy), stock
biomass achieved by fishing at MSY (BMSY) (or proxy),
maximum fishing mortality threshold (MFMT), minimum stock size
threshold (MSST), OY, 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 and reopenings, gear restrictions
(ranging from regulation to complete prohibition), reallocation of the
commercial/recreational allocation of Atlantic group Spanish mackerel,
and permit requirements.
(d) Gulf reef fish. (1) For a species or species group: Target date
for rebuilding an overfished species, TAC, bag limits, size limits,
vessel trip limits, closed seasons or areas, gear restrictions, quotas,
MSY (or proxy), OY, and estimates of stock biomass achieved by fishing
at MSY (BMSY), minimum stock size threshold (MSST), and
maximum fishing mortality threshold (MFMT).
(2) SMZs and the gear restrictions applicable in each.
* * * * *
(j) Gulf red drum. Target date for rebuilding an overfished
species, MSY (or proxy), stock biomass achieved by fishing at MSY
(BMSY), OY, TAC, minimum stock size threshold (MSST),
maximum fishing mortality threshold (MFMT), escapement rates for
juvenile fish, bag limits, size limits, gear harvest limits, and other
restrictions required to prevent exceeding allocations or quotas.
PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO
3. The authority citation for part 654 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 654.22, paragraph (a) is revised to read as follows:
Sec. 654.22 Gear restrictions.
(a) Trap construction requirements. No person fishing for stone
crab may transport on the water or fish with any trap which does not
meet the following requirements:
(1) Each trap must be constructed of wood, plastic, or wire.
(2) A trap may be no larger in dimension than 24 by 24 by 24 inches
(61 by 61 by 61 cm) or 8.0 ft3 (0.23 m3).
(3) The throats (entrances) to all wood and plastic traps must be
located on the top horizontal section of the trap. If the throat is
longer in one dimension, the throat size in the longer dimension must
not exceed 5\1/2\ inches (14.0 cm) and in the shorter dimension must
not exceed 3\1/2\ inches (9.0 cm). If the throat is round, the throat
size must not exceed 5 inches (12.7 cm) in diameter.
(4) In any wire trap used to harvest stone crabs, each throat must
be horizontally oriented. The width of the opening where the throat
meets the vertical wall of the trap and the opening of the throat at
its farthest point from the vertical wall, inside the trap, must be
greater than the height of any such opening. No such throat may extend
farther than 6 inches (15.2 cm) into the inside of any trap, measured
from where the throat opening meets the vertical wall of the trap to
the throat opening at its farthest point from the vertical wall, inside
the trap.
(5) A wire trap must have at least three unobstructed escape rings
installed, each with a minimum inside diameter of 2 3/8 inches (6.0
cm). One such escape ring must be located on a vertical outer surface
adjacent to each crab retaining chamber.
(6) A plastic or wire trap must have a degradable panel.
(i) A plastic trap will be considered to have degradable panel if
it contains at least one sidewall with a rectangular opening no smaller
in either dimension than that of the throat. This opening may be
obstructed only with a cypress or untreated pine slat or slats no
thicker than 3/4 inch (1.9 cm) such that when the slat degrades, the
opening in the sidewall of the trap will no longer be obstructed.
(ii) A wire trap will be considered to have a degradable panel if
one of the following methods is used in construction of the trap:
(A) The trap lid tie-down strap is secured to the trap at one end
by a single loop of untreated jute twine, a corrodible loop composed of
non-coated steel wire measuring 24 gauge or thinner, or an untreated
pine dowel no larger than 2 inches (5.1 cm) in length by 3/8 inch (0.95
cm) in diameter. The trap lid must be secured so that when the jute,
corrodible loop, or pine dowel degrades, the lid will no longer be
securely closed.
(B) The trap contains at least one sidewall with a vertical
rectangular opening no smaller in either dimension than 6 inches (15.2
cm) in height by 3 inches (7.6 cm) in width. This opening may be laced,
sewn, or otherwise obstructed by--
(1) A single length of untreated jute twine knotted only at each
end and not tied or looped more than once around a single mesh bar;
(2) Untreated pine slat(s) no thicker than 3/8 inch (0.95 cm);
(3) Non-coated steel wire measuring 24 gauge or thinner;
(4) A panel of ferrous single-dipped galvanized wire mesh made of
24 gauge or thinner wire; or
(5) A rectangular panel made of any material, fastened to the trap
at each of the four corners of the rectangle by rings made of non-
coated 24 gauge or thinner wire or single strands of untreated jute
twine. When the jute, untreated pine slat(s), non-coated steel wire,
wire mesh panel, or corner fasteners degrade, the opening in the
sidewall of the trap must no longer be obstructed.
* * * * *
[FR Doc. 99-28477 Filed 11-1-99; 8:45 am]
BILLING CODE 3510-22-F