[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Proposed Rules]
[Pages 43250-43252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18318]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 654

[Docket No. 110707375-1374-01]
RIN 0648-BB07


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Stone Crab Fishery of the Gulf of Mexico; Removal of Regulations

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 to repeal the Fishery Management Plan for the 
Stone Crab Fishery of the Gulf of Mexico (FMP) and remove its 
implementing regulations, as requested by the Gulf of Mexico Fishery 
Management Council (Council). The stone crab fishery takes place 
primarily in state waters (off the coast of Florida) and Florida's Fish 
and Wildlife Conservation Commission (FWC) is extending its management 
into Federal waters. Repealing the Federal regulations would eliminate 
duplication of management efforts, reduce costs, and align with the 
President's Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' to ensure Federal regulations are more effective 
and less burdensome in achieving regulatory objectives. The intended 
effect of this action is to enhance the effectiveness and efficiency of 
managing the stone crab fishery in the Gulf of Mexico (Gulf).

DATES: Written comments must be received on or before August 19, 2011.

ADDRESSES: You may submit comments on the proposed rule identified by 
NOAA-NMFS-2011-0140 by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    To submit comments through the Federal e-rulemaking portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0140'' in the keyword search and click on ``search.'' To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0140'' in the keyword search and click on ``search.'' NMFS will accept 
anonymous comments (enter N/A in the required field if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Comments received through means not specified in this rule will not 
be considered.
    Electronic copies of documents supporting this proposed rule, which 
include an environmental assessment and an initial regulatory 
flexibility analysis (IRFA), may be obtained from Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-5305 
or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The stone crab fishery of the Gulf of Mexico 
(Gulf) is managed under the FMP. The FMP was prepared by the Council 
and implemented through regulations at 50 CFR part 654 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).

Background

    The commercial stone crab fishery is limited primarily to the 
coastal waters off the State of Florida, with a small amount of 
landings occurring off of Louisiana and Texas. Florida has actively 
managed the Florida stone crab fishery since 1929.
    The Federal FMP, implemented in 1979, applies only to Federal Gulf 
waters adjacent to Florida waters. It was originally implemented to 
reduce gear

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conflicts between stone crab and shrimp fishermen in central and 
southwest Florida. The objectives of the FMP include: Providing for 
orderly conduct of the stone crab fishery to reduce conflict between 
stone crab fishermen and other fishermen in the management area 
(primarily shrimp fishermen with vessels registered in states other 
than Florida); establishing an effective statistical reporting system 
for monitoring the stone crab fishery; attaining full utilization of 
the stone crab resource in the management area; and promoting 
uniformity of the regulations throughout the management area. The FMP, 
as amended, adopted Florida's rules for stone crab in the exclusive 
economic zone (EEZ). By adopting Florida's rules, the Council and NMFS 
accommodated Florida's leading role in regulating this fishery.
    The Council and NMFS have worked closely with Florida's FWC to 
adopt compatible management measures through the Federal FMP, including 
a framework to allow the Regional Administrator to resolve gear 
conflicts, implementing a limited access system, and recognizing FWC's 
licenses, trap certificates, and trap tags for use in the EEZ in lieu 
of Federal permits. Under the Federal FMP, there is also a Federal 
stone crab trap limitation program which requires issuance of a 
commercial vessel permit, a trap certificate, and annual trap tags. To 
date, NMFS has not issued any permits under the Federal trap limitation 
program. All trap limitation permits have been issued by the FWC.
    The FMP for the Shrimp Fishery in the Gulf (Gulf Shrimp FMP) 
established areas closed to shrimp fishing to prevent gear conflicts 
with the stone crab fishery. These closed areas include shrimp/crab 
separation zones and a southwest Florida seasonal trawl closure. 
Although Federal regulations would no longer prevent stone crab trap 
deployment in certain zones, the state of Florida has the authority to 
enact these same regulations for all current participants in the 
fishery, much as they have done for Zone II, which lies entirely in 
state waters.

Repealing the Federal Stone Crab FMP

    In the absence of Federal management, states have the opportunity 
to extend their authority to regulate a fishery in Federal waters, as 
authorized under the Magnuson-Stevens Act (16 U.S.C. 1856(a)(3)). In a 
letter to the Council dated August 13, 2010, the FWC stated its 
interest in taking management responsibilities for stone crab in the 
EEZ. At its April 2011 meeting, the FWC voted to begin rulemaking to 
extend its authority to regulate stone crab in Federal waters. The FWC 
already has the lead in several stone crab management actions including 
monitoring landings, implementing the trap limitation program and 
conducting stock assessments.
    At its October 2010 meeting, the Council voted to repeal the 
Federal stone crab FMP. The Magnuson-Stevens Act (16 U.S.C. 1854(h)) 
requires a favorable vote by 75 percent of all voting members. The 
Council voted 14 in favor of this measure, 0 against, and 3 not 
present, thus meeting the threshold to repeal the FMP. If implemented, 
this action would allow the FWC to extend state regulations for stone 
crab into Federal waters for vessels registered to the State of Florida 
or vessels returning to a port in the state of Florida. Vessels 
registered to states other than Florida, who intend to fish for stone 
crab in Florida waters or in the EEZ off Florida and intend to land 
their vessels out-of-state, could be of concern. However, because the 
highest abundance of stone crabs is in south Florida, it is unlikely 
this concern will be realized. A vessel from outside of Florida would 
need to travel a long distance to reach the fishing grounds, thereby 
making fuel costs a larger factor. Furthermore, most stone crab 
fishermen deploy and service traps in multiple trips, and store traps 
on shore between trips, which would only be convenient for Florida 
fishermen. To date, no out-of-state vessel owner has applied for a 
Federal stone crab permit or trap tag for fishing in the EEZ. 
Therefore, interest in doing so at this time seems unlikely. Stone crab 
fishermen off Louisiana and Texas land a small amount of stone crab 
from their state waters. Although their state governments have not done 
so already, Louisiana and Texas also have the authority to extend 
management of stone crab into Federal waters off their states and could 
propose such an action in the future.
    Repealing the Federal FMP in unlikely to have a significant effect 
on the status of the stone crab resource or on the conduct of the 
fishery. NMFS recognizes Florida's authority under section 306(a)(3) of 
the Magnuson-Stevens Act (16 U.S.C. 1856(a)(3)) to regulate vessels 
registered under its laws when such vessels harvest stone crab in the 
EEZ. These regulations are essentially the same as the current Federal 
regulations, so no practical changes to the biological or social and 
economic environment are expected. If fishing practices outside 
Florida's authority should constitute an emergency situation that 
jeopardizes effective management of the stone crab fishery in the EEZ, 
NMFS would consider issuing emergency regulations, as authorized by 
section 305(c)(1) of the Magnuson-Stevens Act (16 U.S.C. 1855(c)(1)).
    Repealing the Federal FMP would also minimize costs and avoid 
unnecessary duplication of management efforts, consistent with National 
Standard 7 of the Magnuson-Stevens Act. This action also seeks to align 
with the President's Executive Order 13563. On January 18, 2011, 
President Obama signed Executive Order 13563, ``Improving Regulation 
and Regulatory Review,'' to ensure Federal regulations are more 
effective and less burdensome in achieving regulatory objectives. 
Federal agencies are tasked to periodically review their existing 
regulations to determine whether any such regulations should be 
modified, streamlined, expanded, or repealed. In this case, NMFS has 
determined that repealing the Federal stone crab FMP will not deter the 
continued effective management of stone crab, but will eliminate the 
burden of two agencies carrying out the same management objective.
    For the reasons summarized above, NMFS proposes to repeal the FMP 
and to remove its implementing regulations.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Magnuson-Stevens Act and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
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 factual basis for this determination is as follows:
    The purpose of this proposed rule is to promote management of the 
stone crab fishery in the most efficient manner, while maintaining 
conservation of the resource and the ecosystem. The Magnuson-Stevens 
Act provides the statutory basis for this proposed rule.
    If implemented, this rule would directly affect commercial fishing 
vessels that harvest stone crab in the Gulf of Mexico. For the period 
2004-2009, an average of 987 vessels per year recorded commercial stone 
crab landings in Florida. The total average

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annual ex-vessel revenue from all stone crab harvests from these 
vessels during this period was approximately $25.56 million (2008 
dollars). The average annual total revenue per vessel from stone crab 
during this period was approximately $29,000 (2008 dollars).
    The Small Business Administration has established size criteria for 
all major industry sectors in the U.S. including shellfish harvesters. 
A business involved in shellfish harvesting is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and has combined 
annual receipts not in excess of $4.0 million (NAICS code 114112, 
shellfish fishing) for all its affiliated operations worldwide. Based 
on the average revenue estimate provided above, all commercial fishing 
vessels expected to be directly affected by this proposed rule are 
determined for the purpose of this analysis to be small business 
entities.
    This proposed rule would not establish any new reporting, 
recordkeeping, or other compliance requirements. No duplicative, 
overlapping, or conflicting Federal rules have been identified.
    If implemented, this rule would result in continued normal fishing 
practices, harvests, prices, and revenues. This action would not change 
the economic performance of the fishery, because current Federal 
regulations mirror Florida regulations and Florida has voted to extend 
its jurisdiction and these nearly identical regulations into Federal 
waters off Florida. Although Florida would only be able to extend its 
jurisdiction to vessels registered in Florida, or regulate fishermen 
who land stone crab in Florida, it is not expected that any fishermen 
would attempt to harvest stone crab in Federal waters off Florida for 
landing in other states in the foreseeable future. As a result, the 
stone crab fishery would continue to be a Florida fishery; be properly 
managed by Florida; the health of the resource appropriately protected; 
and the economic benefits associated with the fishery maintained. In 
summary, no economic impacts are expected to result from the proposed 
action. Therefore, this proposed rule, if implemented, would not have a 
significant direct adverse economic effect on the profits of a 
substantial number of small entities.
    Because this proposed rule, if implemented, is not expected to have 
any direct adverse economic impact on a substantial number of small 
entities, an initial regulatory flexibility analysis is not required 
and none has been prepared.

List of Subjects in 50 CFR Part 654

    Fisheries, Fishing, Incorporation by reference.

    Dated: July 14, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, under the authority of 16 
U.S.C. 1801 et seq., part 654 is proposed to be removed.

[FR Doc. 2011-18318 Filed 7-19-11; 8:45 am]
BILLING CODE 3510-22-P