[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74711-74712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30214]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150302204-5999-02]
RIN 0648-BE93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 15

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 15 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). This final rule revises the FMP framework 
procedures to streamline the process for changing certain regulations 
affecting the shrimp fishery. Additionally, Amendment 15 implements 
changes to the FMP that revise the maximum sustainable yield (MSY), 
overfishing threshold, and overfished threshold definitions and values 
for three species of penaeid shrimp. The purpose of this rule and 
Amendment 15 is to streamline the management process for Gulf shrimp 
stocks and to revise criteria for determining the overfished and 
overfishing status of each penaeid shrimp stock using the best 
available science.

DATES: This rule is effective December 30, 2015.

ADDRESSES: Electronic copies of Amendment 15, which includes an 
environmental assessment, 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/2015/Am%2015/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).
    On August 12, 2015, NMFS published a notice of availability for 
Amendment 15 and requested public comment (80 FR 48285). On August 25, 
NMFS published a proposed rule for Amendment 15 and requested public 
comment (80 FR 51523). The proposed rule and Amendment 15 outline the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by Amendment 15 and this final rule is provided 
below.

Management Measure Contained in This Final Rule

    This final rule revises the FMP framework procedures at 50 CFR 
622.60(a) and (b) to allow for modification of accountability measures 
under the standard documentation process of the open framework 
procedure. Also, this final rule removes outdated terminology from the 
regulations, such as ``total allowable catch,'' and removes the phrase 
``transfer at sea provisions'' from the list of framework procedures 
because this phrase was inadvertently included in the final rule for 
the Generic Annual Catch Limits and Accountability Measures Amendment 
(76 FR 82044, December 29, 2011). The transfer at sea text was never 
intended by the Council to be included in the list of framework 
procedures when they were revised in 2011, but were included as a 
result of an error by NMFS during that rulemaking.

Additional Measures Contained in Amendment 15

    Amendment 15 also contains actions that are not being codified in 
the regulations, but guide the Council and NMFS in establishing other 
management measures, which are codified. Amendment 15 revises the MSY, 
the overfishing threshold, and the overfished threshold definitions and 
values for penaeid shrimp stocks (brown, white, and pink shrimp).
    The criteria and values for MSY, the overfishing threshold, and the 
overfished threshold for penaeid shrimp were established in Amendment 
13 to the FMP (71 FR 56039, September 26, 2006). Historically, Gulf 
penaeid shrimp stocks were assessed with a virtual population analysis 
(VPA), which reported output in terms of number of parents. However, 
the 2007 pink shrimp stock assessment VPA incorrectly determined that 
pink shrimp were undergoing overfishing because the model could not 
accommodate low effort. In 2009, NMFS stock assessment analysts 
determined that the stock synthesis model was the best choice for 
modeling Gulf shrimp populations.

[[Page 74712]]

Amendment 15 modifies stock status determination criteria to match the 
biomass-based output of the stock synthesis model. These revisions to 
the penaeid shrimp stock status criteria are expected to cause little 
to no change to the biological, physical, or ecological environments 
because these changes are only to the stock status reference points and 
therefore will not have a direct impact on the actual harvest of 
penaeid shrimp.

Comments and Responses

    No substantive comments were received on either Amendment 15 or the 
proposed rule. One comment was received from a Federal agency that 
stated that it had no comment on the proposed rule or on Amendment 15.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 15, the FMP, the 
Magnuson-Stevens Act, and other applicable law. This final rule has 
been determined to be not significant for purposes of Executive Order 
12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. 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 final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Shrimp.

    Dated: November 23, 2015.
Eileen Sobeck,
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 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.

0
2. In Sec.  622.60, revise paragraphs (a) and (b) to read as follows:


Sec.  622.60  Adjustment of management measures.

* * * * *
    (a) Gulf penaeid shrimp. For a species or species group: Reporting 
and monitoring requirements, permitting requirements, size limits, 
vessel trip limits, closed seasons or areas and reopenings, quotas 
(including a quota of zero), MSY (or proxy), OY, management parameters 
such as overfished and overfishing definitions, gear restrictions 
(ranging from regulation to complete prohibition), gear markings and 
identification, vessel markings and identification, allowable 
biological catch (ABC) and ABC control rules, rebuilding plans, 
restrictions relative to conditions of harvested shrimp (maintaining 
shrimp in whole condition, use as bait), target effort and fishing 
mortality reduction levels, bycatch reduction criteria, BRD 
certification and decertification criteria, BRD testing protocol and 
certified BRD specifications.
    (b) Gulf royal red shrimp. Reporting and monitoring requirements, 
permitting requirements, size limits, vessel trip limits, closed 
seasons or areas and reopenings, annual catch limits (ACLs), annual 
catch targets (ACTs), quotas (including a quota of zero), 
accountability measures (AMs), MSY (or proxy), OY, management 
parameters such as overfished and overfishing definitions, gear 
restrictions (ranging from regulation to complete prohibition), gear 
markings and identification, vessel markings and identification, ABC 
and ABC control rules, rebuilding plans, and restrictions relative to 
conditions of harvested shrimp (maintaining shrimp in whole condition, 
use as bait).

[FR Doc. 2015-30214 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-22-P