[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Proposed Rules]
[Pages 48592-48593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20681]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 080403B]
RIN 0648-AM23


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 10

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

ACTION: Notice of availability of Amendment 10 to the fishery 
management plan (FMP) for the shrimp fishery of the Gulf of Mexico; 
request for comments.

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SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management 
Council (Council) has submitted Amendment 10 to the FMP for the shrimp 
fishery of the Gulf of Mexico (Amendment 10) for review, approval, and 
implementation by NMFS. Amendment 10 would establish a requirement, 
with limited exceptions, for the use of bycatch reduction devices 
(BRDs) in each shrimp trawl used in the Gulf of Mexico exclusive 
economic zone (EEZ) east of 85[deg]30' West Longitude (the approximate 
location of Cape San Blas, Florida); establish a criterion whereby NMFS 
would certify BRDs for use in this area of the eastern Gulf of Mexico 
EEZ; and establish bycatch reporting requirements for the shrimp 
fishery of the Gulf of Mexico. Written comments on the proposed actions 
are requested from the public.

DATES: Written comments must be received on or before October 14, 2003.

ADDRESSES: Comments must be mailed to the Southeast Regional Office, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Comments may also be sent via fax to 727-522-5583. Comments will not be 
accepted if submitted via e-mail or Internet.
    Copies of Amendment 10, which includes an Environmental Assessment, 
a Regulatory Impact Review (RIR), and an Initial Regulatory Flexibility 
Analysis (IRFA) are available from the Gulf of Mexico Fishery 
Management Council, The Commons at Rivergate, 3018 U.S. Highway 301 
North, Suite 1000, Tampa Florida 33619-2266. phone: 813-228-2815; fax: 
813-833-1844. A Supplemental RIR and IRFA are available from the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), as amended by the 
Sustainable Fisheries Act (SFA), requires each Regional Fishery 
Management Council to submit any fishery management plan or amendment 
to NMFS for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the plan or amendment is available for review and 
comment. The intended effect of Amendment 10 is to conserve stocks of 
those finfish species found in the bycatch, while sustaining the 
viability of the shrimp fishery with minimum economic and social 
impacts.
    NMFS partially approved the Council's Generic SFA Amendment on 
November 17, 1999. NMFS recognized that BRD requirements, implemented 
through Amendment 9 to the FMP (63 FR 1813, April 14, 1998), adequately 
addressed bycatch reduction requirements for areas west of Cape San 
Blas, Florida (western Gulf of Mexico). However, NMFS determined that

[[Page 48593]]

bycatch was not reduced to the extent practicable for the entire Gulf 
of Mexico shrimp fishery because no additional bycatch reduction 
methods had been proposed for the areas east of Cape San Blas, Florida 
(eastern Gulf of Mexico). NMFS urged the Council to develop additional 
management actions to address bycatch in the shrimp fishery of the 
eastern Gulf of Mexico to be in compliance with National Standard 9. 
NMFS also did not approve that portion of the Council's Generic SFA 
Amendment regarding bycatch reporting methodologies, and urged the 
Council to develop standardized procedures that would comply with 
provisions of the Magnuson-Stevens Act.
    Amendment 10, if implemented, would establish a requirement for 
shrimp vessels fishing in the EEZ in the eastern Gulf of Mexico (east 
of 85[deg]30' North Longitude) to use BRDs capable of reducing at least 
30 percent of the total finfish catch by weight. This measure is 
intended to complete the Council's responsibilities to meet Magnuson-
Stevens Act requirements to reduce bycatch in the Gulf of Mexico shrimp 
fishery to the extent practicable.
    Additional alternatives considered but rejected by the Council 
included effort reductions and area and seasonal closures. The Council 
concluded that effort reduction is not a viable option until the 
Federal permit system, implemented through Amendment 11 (67 FR 51074, 
August 7, 2002), is operational and more detailed analyses can be 
conducted on the current size, distribution, and effort of the shrimp 
fishery of the Gulf of Mexico. The Council also concluded that limited 
area and season closures, which may shift effort instead of reducing 
it, would not provide the magnitude of bycatch reduction that would be 
achieved from the use of BRDs in all areas all year.
    Amendment 10, if implemented, also would establish a method of 
reporting and estimating the bycatch in the shrimp fishery of the Gulf 
of Mexico by using data collected by an existing fishery independent 
survey, the Southeast Area Monitoring and Assessment Program (SEAMAP), 
combined with NMFS' best available estimates of shrimp fishing effort. 
The Council determined that this method would provide the most 
practicable solution to meet Magnuson-Stevens Act bycatch reporting 
requirements.
    Additional alternatives considered but rejected by the Council 
included the expanded use of observers or establishment of a logbook 
reporting system. The Council determined that an observer program that 
would document only five percent of the fishing effort would be too 
expensive ($13-57 million) to implement, and still would require 
substantial extrapolations of bycatch for the remaining 95 percent of 
all shrimp fishing effort. The Council rejected a logbook alternative 
to record bycatch because it would require a substantial time 
commitment and burden on the part of vessel captains and crews, and 
because quality control in the logbook data would be difficult to 
maintain. Over 450 species have been identified in Gulf of Mexico 
shrimp trawls, which would require extensive training in species 
identification for vessel crews.
    A proposed rule that would implement measures outlined in Amendment 
10 has been received from the Council. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether 
it is consistent with the FMP, the Magnuson-Stevens Act, and other 
applicable law. If that determination is affirmative, NMFS will publish 
the proposed rule in the Federal Register for public review and 
comment.
    Comments received by October 14, 2003 will be considered by NMFS in 
its decision to approve, disapprove, or partially approve the 
amendment. Comments received after that date will not be considered by 
NMFS in this decision. All comments received by NMFS on the amendment 
or the proposed rule during their respective comment periods will be 
addressed in the final rule.

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

    Dated: August 7, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-20681 Filed 8-13-03; 8:45 am]
BILLING CODE 3510-22-S