[Federal Register Volume 65, Number 182 (Tuesday, September 19, 2000)]
[Rules and Regulations]
[Pages 56500-56502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24012]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000913257-0257-01; I.D. 081800D]
RIN 0648-AO52


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Prohibition of Trap Gear in the 
Royal Red Shrimp Fishery in the Gulf of Mexico

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

ACTION: Emergency interim rule; request for comments.

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SUMMARY: This emergency interim rule prohibits the use of trap gear in 
the royal red shrimp fishery within the exclusive economic zone (EEZ) 
of the Gulf of Mexico. The intended effect of this emergency interim 
rule is to prevent gear conflict and overfishing in the royal red 
shrimp fishery.

DATES: This emergency interim rule is effective September 14, 2000, 
through March 18, 2001. Comments must be received no later than 4:30 
p.m., eastern standard time, on October 19, 2000.

ADDRESSES: Written comments on this emergency interim rule must be 
mailed to, and copies of documents supporting this action may be 
obtained from, the Southeast Regional Office, NMFS, 9721 Executive 
Center Drive N., St. Petersburg, FL 33702. Comments also may be 
submitted via fax to 727-570-5583. Comments will not be accepted if 
submitted via e-mail or Internet. Comments on ambiguity or unnecessary 
complexity arising from the language used in this emergency interim 
rule should be directed to the Southeast Regional Office at the address 
given here.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The shrimp fishery of the Gulf of Mexico is 
managed under the Fishery Management Plan for the Shrimp Fishery of the 
Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Background

    On January 27, 1999, NMFS published a final rule (64 FR 4030) 
pursuant to section 305(a) of the Magnuson-Stevens Act, establishing a 
list of authorized fisheries and fishing gear and notification 
guidelines for actions to be taken by regional fishery management 
councils (councils) and NMFS upon receipt of a notification of the 
intent to fish or use a fishing gear that is not on that authorized 
list. The list of fisheries and gear was revised upon publication of a 
revised final rule effective December 1, 1999 (64 FR 67511, December 2, 
1999). Under the final rule, no person or vessel may employ fishing 
gear or engage in a fishery not included on the list without

[[Page 56501]]

giving 90-day advance written notice to the appropriate council.
    Upon receipt of a notification of intent to participate in an 
unlisted fishery or use an unlisted fishing gear, a council must 
immediately begin consideration of the notification. If the council 
finds that the use of an unlisted gear or participation in an unlisted 
fishery would not compromise the effectiveness of conservation and 
management efforts, it shall recommend that NMFS amend the list of 
authorized fisheries and gear. If the council finds that the proposed 
gear or fishery will be detrimental to conservation and management 
efforts, it will recommend that NMFS not amend the authorized list of 
fisheries and gear. Instead, it will request NMFS to publish emergency 
or interim regulations specifically to prohibit the use of the proposed 
gear, and begin preparation of an amendment to the subject fishery 
management plan, if appropriate. Ninety days after the receipt by the 
Council of a notification, the individual may use the gear unless 
regulatory action is taken to prohibit the use of the gear.
    Royal red shrimp have been a small component of the Gulf of Mexico 
shrimp fishery since the early 1960s. The fishery uses modified penaeid 
shrimp trawls at depths exceeding 100 fathoms (183 meters). Trap gear 
is not an authorized gear in this fishery under the provisions of the 
FMP. On June 16, 2000, a fisherman notified the Council of his intent 
to use trap gear to fish for royal red shrimp in the EEZ of the Gulf of 
Mexico. At its July 10-13, 2000, meeting, the Council considered the 
notification, and based on the information available, the Council 
determined that allowing trap gear in the royal red shrimp fishery 
posed a threat to ongoing conservation and management efforts because 
of a potential for gear conflicts with the existing trawl fishery.

Criteria For Issuing An Emergency Rule

    NMFS policy guidelines for the use of emergency rules (62 FR 44421, 
August 21, 1997), require that an emergency situation results from 
recent, unforeseen events, or recently discovered circumstances; 
presents a serious management problem; and realizes immediate benefits 
from the emergency rule that outweigh the value of prior notice, 
opportunity for public comment, and deliberative consideration expected 
under the normal rulemaking process. Compliance with the NMFS policy 
guidelines is discussed here.

Recent, Unforeseen Events or Recently Discovered Circumstances

    Based on its review of the June 16, 2000, notification to use trap 
gear in the royal red shrimp fishery, the Council voted to add options 
to its draft FMP Amendment 11 to prohibit the use of this gear in the 
subject fishery. Amendment 11 is scheduled for completion in November 
2000; must be reviewed by NMFS; and, if approved, likely would not be 
implemented prior to April 2001. Therefore, to avoid management 
problems in the fishery, as identified by the Council, a prohibition on 
the use of trap gear must be implemented on or before September 14, 
2000 (the date 90 days after receipt by the Council of notification of 
intent to use unauthorized gear). Consequently, the Council voted 
without objection to request NMFS to promulgate regulations to prohibit 
the use of trap gear in the royal red shrimp fishery within the EEZ of 
the Gulf of Mexico.

Serious Management Problems in the Fishery

    The intended effect of this emergency interim rule is to prevent 
gear conflict that could compromise vessel safety, and to prevent 
overfishing in the royal red shrimp fishery. Gear conflicts are likely 
to occur between the traditional trawl fishery and the proposed trap 
line fishery on the royal red shrimp fishing grounds. This could result 
in substantial damage and loss of fishing gears and an increase in cost 
for participants in the fishery, as well as vessel safety issues 
because of the depth of the fishing effort, the weight of the deployed 
gears, and the fact that the fishing grounds are far offshore. 
Additionally, the introduction of new fishing effort could result in 
landings exceeding maximum sustainable yield (MSY), thus overfishing 
the resource. Since 1993, landings from the traditional trawl fishery 
have ranged from 200,000 to 335,000 lb (90,719 to 151,953 kg), which is 
approaching the MSY of 392,000 lb (177,808 kg) for the fishery.

Immediate Benefits

    Prohibiting the use of trap gear in the royal red shrimp fishery is 
anticipated to avoid economic impacts from gear damage and loss from 
gear conflicts in the fishery, and maintain harvest within the MSY 
threshold, thus, preventing overfishing. Should landings exceed MSY, 
and overfishing occur, additional actions would be necessary to reduce 
the allowable catch for either or both gear types in the fishery. The 
Council concluded, and NMFS agrees, that a restriction on the landings 
by the traditional trawl fishery to accommodate a non-traditional 
fishery would be inappropriate, particularly given that the trap 
fishery also would result in serious gear conflicts, most likely 
jeopardizing the ability to obtain optimum yield from the fishery.

Period of Effectiveness

    This emergency interim rule is being made effective for 180 days, 
as authorized by section 305(c) of the Magnuson-Stevens Act. It may be 
extended for up to an additional 180 days, provided that the public has 
had an opportunity to comment on it and the Council is actively 
preparing an FMP amendment to address the emergency on a permanent 
basis. Public comments on this emergency interim rule and the Council's 
actions will be considered in determining whether to extend this 
emergency interim rule.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this emergency interim rule is necessary to prevent 
gear conflict and overfishing in the royal red shrimp fishery. The AA 
has also determined that this rule is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This emergency interim rule has been determined to be not 
significant for purposes of Executive Order 12866.
    NMFS has assessed the regulatory impacts associated with this 
emergency interim rule.
    Currently, trap gear is not on the list of authorized fishing gear 
(50 CFR 600.725) for the royal red shrimp fishery in the Gulf of Mexico 
and, therefore, is not allowed. However, consistent with the guidelines 
contained in 50 CFR 600.725, an individual fisherman may notify the 
Council of the intent to use a gear not on the list. Ninety days after 
such notification, the individual may use the gear unless regulatory 
action is taken to prohibit the use of the gear. The Council was 
notified on June 16, 2000, of intent to use trap gear in the royal red 
fishery. This emergency interim rule is designed to maintain the status 
quo until such time as the Council can prepare and submit to NMFS for 
review and approval an FMP amendment to prohibit the gear. Because the 
emergency interim rule is designed to prohibit the use of trap gear in 
the royal red shrimp fishery, namely the status quo, there are no 
expected economic consequences to the participants in the fishery.
    If the use of trap gear in the royal red shrimp fishery in the EEZ 
of the Gulf of

[[Page 56502]]

Mexico were not prohibited by September 14, 2000, the Council 
concluded, as explained in the SUPPLEMENTARY INFORMATION, that serious 
gear conflict, economic losses to fishery participants, and overfishing 
could occur. Accordingly, under authority set forth at 5 U.S.C. 
553(b)(B), the AA finds that providing notice and the opportunity for 
prior public comment would be contrary to the public interest. Because 
it would delay the completion of regulatory action to prohibit the use 
of trap gear in the royal red shrimp fishery in the EEZ of the Gulf of 
Mexico beyond September 14, 2000. For this same reason, under 5 U.S.C. 
553(d)(3), the AA finds for good cause that a delay in the effective 
date of this emergency interim rule would be contrary to the public 
interest because this emergency interim rule does not impose new or 
additional restrictions; rather, it maintains the status quo condition 
regarding allowable gear in the royal red shrimp fishery, i.e., trap 
gear is not allowed, no time is required to come into compliance with 
the rule. For this reason, under 5 U.S.C. 553(d)(3), the AA also finds 
good cause that a delay in the effective date of this emergency interim 
rule is unnecessary.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this emergency interim rule by 5 U.S.C. 553 
or any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this emergency 
interim rule. Such comments should be sent to NMFS Southeast Regional 
Office (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: September 13, 2000.
Bruce C. Morehead,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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.  622.31, paragraph (k) is added to read as follows:


Sec.  622.31  Prohibited gear and methods.

* * * * *
    (k) Traps for royal red shrimp in the Gulf EEZ. A trap may not be 
used to fish for royal red shrimp in the Gulf EEZ. A trap used to fish 
for royal red shrimp in the Gulf EEZ may be disposed of in any 
appropriate manner by the Assistant Administrator or an authorized 
officer.
[FR Doc. 00-24012 Filed 9-14-00; 2:14 pm]
BILLING CODE 3510-22-S