[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Proposed Rules]
[Pages 39733-39735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17635]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG82


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 17B

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

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) 
has submitted Amendment 17B to the Fishery Management Plan for the 
Shrimp Fishery of the Gulf of Mexico U.S. Waters (FMP), for review, 
approval, and implementation by NMFS. Amendment 17B includes actions to 
define the aggregate maximum sustainable yield (MSY) and aggregate 
optimum yield (OY) for the Gulf shrimp fishery, determine a minimum 
number of Federal commercial vessel moratorium permits in the fishery, 
would allow for the creation of a Federal Gulf shrimp reserve pool 
permit when certain conditions are met, and would allow for non-
federally permitted shrimping vessels to transit through the Gulf 
exclusive economic zone (EEZ) with shrimp on board the vessel. The 
purpose of Amendment 17B is to protect federally managed Gulf shrimp 
stocks while maintaining catch efficiency, economic efficiency, and 
stability in the fishery.

DATES: Written comments must be received on or before October 23, 2017.

ADDRESSES: You may submit comments on Amendment 17B, identified by 
``NOAA-NMFS-2017-0040'' by either 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-2017-0040, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Frank Helies, 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).
    Electronic copies of Amendment 17B, 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/2017/am17b/index.html.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or amendment to NMFS for 
review and approval, partial approval, or disapproval. 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 FMP being revised by Amendment 17B was prepared by the Council 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    From 2003 to 2006, the Gulf shrimp fishery experienced significant 
economic losses, primarily as a result of high fuel costs and reduced 
prices caused by competition with imports. These economic losses 
contributed to a reduction in the number of vessels in the fishery, and 
consequently, a reduction of commercial effort. During that time, 
commercial vessels in the Gulf shrimp fishery were required to

[[Page 39734]]

have an open-access permit. In 2006, to prevent overcapitalizing the 
fishery when it became profitable again, the Council established a 10-
year freeze on the issuance of new shrimp permits and created a limited 
access Federal Gulf shrimp moratorium permit (moratorium permit)(71 FR 
56039, September 26, 2006). In 2016, the Council extended the duration 
of the Gulf shrimp moratorium permit program for another 10 years in 
Amendment 17A to the FMP (81 FR 47733, July 22, 2016).
    During the development of Amendment 17A, the Council identified 
several other issues with the Gulf shrimp fishery that it wanted to 
address. First, MSY and OY (equal to MSY), are defined individually for 
the three penaeid shrimp species and for royal red shrimp. Second, the 
number of moratorium permits has continued to decline, and the Council 
is concerned that the decline in total permits will continue 
indefinitely. Finally, transit through Federal waters (Gulf EEZ) shrimp 
on board currently requires a moratorium permit, which limits the 
ability of a state-registered vessel to navigate in certain areas of 
the Gulf while engaged in shrimping. Amendment 17B addresses these 
issues through revisions to management reference points and the Gulf 
shrimp permit program.

Actions Contained in Amendment 17B

    Amendment 17B includes actions to define the aggregate MSY and 
aggregate OY for Gulf shrimp, determine a minimum number of Federal 
commercial vessel moratorium permits in the fishery, allow for the 
creation of a Federal Gulf shrimp reserve pool permit when certain 
conditions are met, and allow non-federally permitted shrimping vessels 
to transit through the Gulf EEZ.

Aggregate MSY and OY

    After extending the duration of the Gulf shrimp moratorium permit 
program for another 10 years, and recognizing that the moratorium 
results in a passive loss of permits from the fishery, the Council 
decided to determine an appropriate minimum number of moratorium 
permits. To facilitate this determination, the Council decided to 
establish an aggregate MSY and OY for the federal Gulf shrimp fishery. 
In Amendment 15 to the FMP, the Council established species specific 
MSYs and OYs for penaeid shrimp. MSY and OY were established for royal 
red shrimp in the original FMP (46 FR 27489, May 20, 1981). 
Additionally, Amendment 13 to the FMP revised the MSY and OY for royal 
red shrimp (71 FR 56039, September 26, 2006). However, the shrimp 
permit is not species specific and an aggregate MSY and OY for all 
federally managed shrimp species (penaeid and royal red) can be used as 
reference points for the shrimp fishery as whole.
    In March 2016, the Council convened a working group to determine 
the appropriate aggregate MSY and aggregate OY for the Gulf shrimp 
fishery in Federal waters. To determine the aggregate MSY, the working 
group used the same general approach established by a 2006 working 
group but included the most recent years of catch and effort data 
(1990-2014). The working group also determined that there were four 
important factors to consider when establishing aggregate OY: Landings, 
catch per unit effort (CPUE), sea turtle bycatch threshold, and 
juvenile red snapper bycatch. The working group concluded that the 
predicted effort and associated landings in 2009, balanced all of these 
criteria relative to observed levels in other years.
    Amendment 17B would establish an aggregate MSY for the Federal Gulf 
shrimp fishery using the method developed by the working group at 
112,531,374 lb (51,043,373 kg), tail weight. Amendment 17B would also 
establish an aggregate OY for the Gulf shrimp fishery equal to 
85,761,596 lb (38,900,806 kg), tail weight, which is the aggregate MSY 
reduced by the ecological, social, and economic factors described 
above.

Minimum Threshold Number of Gulf Shrimp Moratorium Permits and Federal 
Gulf Shrimp Reserve Pool Permit

    Currently, moratorium permits are valid for 1 year and are required 
to be renewed annually. If the permit is not renewed within 1 year of 
its expiration date, the permit is no longer renewable and is 
terminated. A terminated permit cannot be reissued by NMFS and is lost 
to the fishery. As of December 31, 2016, there were 1,441 moratorium 
permits that were valid or renewable. Since the start of the permit 
moratorium, a total of 493 moratorium permits have been terminated 
because they were not renewed within the required renewal period.
    When the number of moratorium permits reaches 1,175 valid or 
renewable permits, the Council would form a panel to review details of 
a Gulf shrimp reserve permit pool and consider options regarding the 
reserve pool permits. The panel would consist of the Council's Shrimp 
Advisory Panel members, Science and Statistical Committee members, 
NMFS, and Council staff. This panel could make recommendations about 
how to utilize a Gulf shrimp vessel permit reserve pool.
    As described in Amendment 17B, when the number of valid or 
renewable moratorium permits reaches 1,072, then any moratorium permits 
that are not renewed within 1 year of expiration would be converted to 
a Gulf shrimp reserve pool permit. This number is based on the 
predicted number of active permitted vessels needed to attain aggregate 
OY in the offshore fishery. As explained above, the aggregate OY 
accounts for relatively high CPUE and landings while reducing the risk 
of exceeding sea turtle and juvenile red snapper bycatch. As described 
in Amendment 17B, it is estimated that it could take up to 24 years to 
reach the threshold value of 1,072 valid or renewable moratorium 
permits. Therefore, any Gulf shrimp reserve pool permit that is created 
would not be issued until eligibility requirements are developed by the 
Council and implemented through subsequent rulemaking. Based on future 
Council action, Gulf shrimp reserve pool permits could be used as a 
method to allow new entrants into the fishery or allow persons who 
previously held a moratorium permit to re-enter the fishery.
    Amendment 17B does not actively removes any Gulf shrimp moratorium 
permits. The minimum threshold is only for purposes of monitoring 
changes in fishery participation and determining if additional 
management measures should be established.

Transit Provisions for Shrimp Vessels Without a Federal Permit

    Currently, to possess Gulf shrimp in the Gulf EEZ, a vessel must 
have been issued a moratorium permit. In the Gulf, there are some areas 
where state-only licensed shrimpers would like to transit with shrimp 
on board from state waters through Federal waters to return to state 
waters and port. However, because these state-licensed shrimping 
vessels do not possess a moratorium permit, they cannot legally transit 
through the Gulf EEZ while possessing shrimp. This results in some of 
these vessels spending increased time at sea and incurring additional 
fuel costs because of longer transit times.
    Amendment 17B would allow a vessel possessing Gulf shrimp to 
transit the Gulf EEZ without a valid moratorium permit if fishing gear 
is appropriately stowed. Transit would be defined as non-stop 
progression through the area; fishing gear appropriately stowed would 
mean trawl doors and nets must be out of the water and the bag straps 
must be

[[Page 39735]]

removed from the net. This transit exemption is expected to reduce the 
time at sea required for some shrimpers while still allowing 
enforcement to verify that they have not been fishing in the EEZ.
    A proposed rule that would implement measures outlined in Amendment 
17B has been drafted. 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.

Consideration of Public Comments

    The Council has submitted Amendment 17B for Secretarial review, 
approval, and implementation. Comments on Amendment 17B must be 
received by October 23, 2017. Comments received during the respective 
comment periods, whether specifically directed to the amendment or the 
proposed rule, will be considered by NMFS in its decision to approve, 
disapprove, or partially approve the amendment and will be addressed in 
the final rule.
    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 16, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-17635 Filed 8-21-17; 8:45 am]
 BILLING CODE 3510-22-P