[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Proposed Rules]
[Pages 3937-3939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01320]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140903744-5015-01]
RIN 0648-BE46


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 16

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 Amendment 16 to the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico 
(FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery 
Management Council (Council). If implemented, this proposed rule would 
revise the annual catch limit (ACL) for royal red shrimp, remove the 
royal red shrimp quota, and revise the accountability measures (AMs) 
for royal red shrimp to remove an inconsistency in the regulations. The 
intent of this rule is to prevent overfishing of the royal red shrimp 
resource while helping to achieve optimum yield and reconcile 
conflicting Federal regulations.

DATES: Written comments must be received on or before February 25, 
2015.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2014-0030'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0030, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Susan Gerhart, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 16, which includes an environmental 
impact statement, a Regulatory Flexibility Act analysis, and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2014/am16/index.html.

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

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

Background

    The FMP was established in 1981, and the maximum sustainable yield 
for royal red shrimp was estimated at 392,000 lb (177.9 mt), tail 
weight, annually and specified as a fixed annual quota (46 FR 27489, 
May 20, 1981). This quota has remained in effect since that time. The 
Federal shrimp permit for the commercial harvest of penaeid shrimp in 
the Gulf exclusive economic zone (EEZ) has been placed under a 
moratorium since 2007 (71 FR 56039, September 26, 2006). The Gulf royal 
red shrimp endorsement is an endorsement to the Gulf Federal shrimp 
permit that allows Gulf shrimp permit holders to

[[Page 3938]]

commercially harvest royal red shrimp in the Gulf EEZ. On January 30, 
2012, NMFS implemented regulations developed through the Generic ACL 
Amendment to multiple fishery management plans, including the Shrimp 
FMP (December 29, 2011, 76 FR 82044). That amendment included actions 
to establish the commercial ACL and AM for royal red shrimp. However, 
the ``no action'' alternatives and discussions in the Generic ACL 
Amendment incorrectly stated that there were currently no catch limits 
or AMs for royal red shrimp, even though a quota and in-season quota 
closure were in the regulations. As a consequence, through the Generic 
ACL Amendment, both a royal red shrimp ACL and AM were added to the 
regulations, but the existing quota and in-season quota closure 
provision were not removed. On March 11, 2014, NMFS published a notice 
of intent to prepare a supplemental environmental impact statement for 
Amendment 16 and requested public comment (79 FR 13623).
    Federal regulations currently include a royal red shrimp ACL of 
334,000 lb (151,000 kg), tail weight, and a quota of 392,000 lb (177.8 
mt), tail weight. This rule would remove the royal red shrimp quota and 
update the ACL to 337,000 lb (152,861 kg), tail weight, which is equal 
to the acceptable biological catch as recommended by the Council's 
Scientific and Statistical Committee at its March 2014 meeting.
    Federal regulations currently include a royal red shrimp in-season 
closure if the quota is met or projected to be met, based on in-season 
monitoring (which functions as an AM), and include an AM that 
implements in-season monitoring and an ACL closure in the year 
following any ACL overage. The presence of two AMs in the regulations 
presents an inconsistency in the management of royal red shrimp. This 
rule would remove the in-season quota closure associated with the royal 
red shrimp quota and retain the AM associated with the ACL.
    Gulf royal red shrimp commercial landings have not exceeded the 
proposed ACL of 337,000 lb (152,861 kg), tail weight, in the past 50 
years. There has been a decline in the pounds of royal red shrimp 
landed over the past 10 years, and the number of vessels actively 
targeting royal red shrimp during that time has been less than 20 
vessels, with fewer than 10 vessels landing royal red shrimp in most 
years. Therefore, there are likely to be no impacts on the Gulf shrimp 
fishery or the royal red shrimp stock resulting from this rule.

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 Amendment 16, the FMP, other provisions of 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 (SBA) that this 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:
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble 
and in the SUMMARY section of the preamble. The Magnuson-Stevens Act 
provides the basis for this proposed rule.
    This proposed rule is expected to directly affect commercial 
fishermen holding valid or renewable Federal Gulf shrimp permits with 
accompanying royal red shrimp endorsements. The SBA established size 
criteria for all major industry sectors in the U.S. including fish 
harvesters and for-hire operations. 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 its combined annual receipts are not in 
excess of $5.5 million (NAICS code 114112, shellfish fishing) for all 
of its affiliated operations worldwide.
    The Federal shrimp permit for the commercial harvest of penaeid 
shrimp in the Gulf exclusive economic zone (EEZ) has been placed under 
a moratorium since 2007 (71 FR 56039, September 26, 2006). At the start 
of the moratorium, 1,933 vessels qualified for and received the shrimp 
permits. Over time, the number of permitted shrimp vessels has 
declined, and in 2013 there were 1,546 such permitted vessels. The Gulf 
royal red shrimp endorsement is an endorsement to the Gulf Federal 
shrimp permit that allows Gulf shrimp permit holders to commercially 
harvest royal red shrimp in the Gulf EEZ. From 2008 through 2013, the 
total number of Gulf royal red shrimp endorsements averaged 344 
annually, and as of November 26, 2014, there were 288 such endorsements 
in issuance.
    From 2008 through 2013, the number of vessels with Gulf royal red 
shrimp endorsements that actually landed royal red shrimp ranged from 
four to nine and averaged six annually, which is significantly less 
than the number of vessels issued endorsements for those years. On 
average, during those years, a vessel with a Gulf royal red shrimp 
endorsement annually landed 29,688 lb (13,466 kg), tail weight, of 
royal red shrimp and 101,430 lb (46,008 kg), tail weight, of other 
shrimp species valued at $170,073 and $428,079, respectively. For the 
time period, the average vessel generated revenues of $598,152 from all 
shrimp species. For the period of 2008 through 2013, royal red shrimp 
accounted for about 17.0 percent to 35.9 percent of all shrimp landings 
and about 18.7 percent to 44.7 percent of revenues from all shrimp 
species landed by vessels with royal red shrimp endorsements. All 
landings are heads off (tail weight) and all dollar values are in 2011 
dollars.
    Based on the revenue figures above, all vessels expected to be 
directly affected by this proposed rule are determined for the purpose 
of this analysis to be small business entities.
    Since the recording of Gulf royal red shrimp landings started in 
1962, the proposed ACL of 337,000 lb (152,861 kg), tail weight, has 
never been exceeded. In more recent years (2008-2013), royal red shrimp 
landings averaged about 168,000 lb (76,204 kg), tail weight, annually. 
Based on historical and current harvest conditions, it is unlikely that 
the proposed ACL would be reached or exceeded. As a consequence, the AM 
for royal red shrimp would also unlikely be triggered. This rule 
removes an inconsistency by eliminating the royal red shrimp quota and 
maintaining the ACL for triggering the AM, and would have no effects on 
the profits of affected shrimp vessels. Therefore, it is expected that 
the measures contained in this proposed rule would have no effects on 
the profits of any affected shrimp vessels.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. In addition, no new reporting, record-keeping, or other 
compliance requirements are introduced by this proposed rule. 
Accordingly, this rule does not implicate the Paperwork Reduction Act.
    The information provided above supports a determination that this 
rule would not have a significant economic impact on a substantial 
number of small entities. Because this rule, if implemented, is not 
expected to have a significant economic impact on any

[[Page 3939]]

small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Accountability measures, Annual catch limit, Fisheries, Fishing, 
Gulf of Mexico, Royal Red Shrimp, Shrimp.

    Dated: January 20, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


Sec.  622.57  [Amended]

0
2. Section 622.57 is removed and reserved.

0
3. In Sec.  622.58, paragraph (a)(1) is revised to read as follows:


Sec.  622.58  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) * * *
    (1) Commercial sector. If commercial landings, as estimated by the 
SRD, exceed the commercial ACL, then during the following fishing year, 
if commercial landings reach or are projected to reach the commercial 
ACL, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for the remainder of that 
fishing year. When the commercial sector is closed, royal red shrimp in 
or from the Gulf EEZ may not be retained, and the sale or purchase of 
royal red shrimp taken from the Gulf EEZ is prohibited. This 
prohibition on sale or purchase during a closure for royal red shrimp 
does not apply to royal red shrimp that were harvested, landed ashore, 
and sold prior to the effective date of the closure and were held in 
cold storage by a dealer or processor. The commercial ACL for royal red 
shrimp is 337,000 lb (152,861 kg), tail weight.
* * * * *
[FR Doc. 2015-01320 Filed 1-23-15; 8:45 am]
BILLING CODE 3510-22-P