[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60564-60567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27449]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170823802-7999-02]
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: Final rule.

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

SUMMARY: NMFS issues regulations to implement Amendment 17B to the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico 
U.S. Waters, (FMP), as prepared and submitted by the Gulf of Mexico 
(Gulf) Fishery Management Council (Council). This final rule allows for 
the creation of a Federal Gulf shrimp reserve pool permit when certain 
conditions are met, and allows non-federally permitted Gulf shrimp 
vessels to transit through the Gulf exclusive economic zone (EEZ). 
Amendment 17B also defines the aggregate maximum sustainable yield 
(MSY) and aggregate optimum yield (OY), and determines a minimum number 
of commercial vessel moratorium permits in the fishery. This final rule 
also makes technical corrections to the regulations that revise the 
coordinates for the Tortugas shrimp sanctuary in the Gulf, and corrects 
the provisions regarding the harvest and possession of wild live rock 
in Gulf Federal waters. The purpose of this final rule and Amendment 
17B is to protect federally managed Gulf shrimp stocks while 
maintaining catch efficiency, economic efficiency, and stability in the 
fishery.

DATES: This final rule is effective January 22, 2018.

ADDRESSES: Electronic copies of Amendment 17B, which includes an 
environmental assessment, a Regulatory Flexibility Act (RFA) analysis, 
and a regulatory impact review, may be obtained from the Southeast 
Regional Office website 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 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).
    This document also designates the unidentified tables in Sec.  
622.55 to bring the section into compliance with the requirements of 1 
CFR 8.1 and 8.2 and with the Office of the Federal Register's Document 
Drafting Handbook (https://www.archives.gov/files/federal-register/write/handbook/ddh.pdf) section 7.4. On August 22, 2017, NMFS published 
a notice of availability for Amendment 17B and requested public comment 
(82 FR 39733). On October 4, 2017, NMFS published a proposed rule for 
Amendment 17B and requested public comment (82 FR 46205). The proposed 
rule and Amendment 17B outline the rationale for the action contained 
in this final rule. A summary of the management measures described in 
Amendment 17B and implemented by this final rule is provided below.
    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 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 
through 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 
addressed. First, MSY and OY 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) with shrimp on board 
currently requires a Federal 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 was developed to 
address these issues through revisions to management reference points 
and the Gulf shrimp permit program, while maintaining catch efficiency, 
economic efficiency, and stability in the fishery.

Management Measures Codified in This Final Rule

    This final rule allows for the creation of a Federal Gulf shrimp 
reserve pool permit when certain conditions are met, and allows non-
federally permitted Gulf shrimp vessels to transit through the Gulf 
EEZ.

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.

[[Page 60565]]

    As of December 31, 2016, 1,441 moratorium permits were valid or 
renewable. Since the start of the permit moratorium, a total of 493 
moratorium permits have been terminated. 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 Gulf shrimp reserve pool permits. This 
number is based on the predicted number of active permitted vessels 
needed to attain aggregate OY in the offshore fishery. As explained 
further below, the aggregate OY accounts for relatively high catch per 
unit effort (CPUE) and landings, while reducing the risk of exceeding 
sea turtle and juvenile red snapper bycatch. 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.

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 Federal 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.
    This final rule allows a vessel possessing Gulf shrimp to transit 
the Gulf EEZ without a valid moratorium permit if fishing gear is 
appropriately stowed. Transit is defined as non-stop progression 
through the area; fishing gear appropriately stowed means trawl doors 
and nets must be out of the water and the bag straps must be removed 
from the net. This transit exemption is expected to reduce the time at 
sea required for some shrimpers, while allowing enforcement to easily 
determine that the gear is not being used for fishing.

Measures Contained in Amendment 17B But Not Codified Through This Final 
Rule

    Amendment 17B specifies the aggregate MSY and aggregate OY for the 
Federal Gulf shrimp fishery, and determines a minimum number of 
moratorium permits in the fishery.

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. Although the Council previously specified species specific 
MSYs and OYs for penaeid shrimp, the shrimp permit is not species 
specific. Therefore, the Council established an aggregate MSY and OY 
for the Federal Gulf shrimp fishery to facilitate the decision on the 
minimum number of moratorium permits.
    Amendment 17B establishes aggregate MSY for the Federal Gulf shrimp 
fishery at 112,531,374 lb (51,043,373 kg), tail weight. Amendment 17B 
also establishes 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 for the ecological, social, and economic factors described 
above.

Minimum Threshold Number of Gulf Shrimp Moratorium Permits

    As noted above, as of December 31, 2016, 1,441 moratorium permits 
were valid or renewable, and, at the current rate of termination, the 
minimum threshold number of permits selected by the Council, 1,072 
permits, will be reached in 24 years. This minimum threshold number of 
valid or renewable moratorium permits is based on the predicted number 
of active permitted vessels needed to achieve aggregate OY in the 
offshore fishery. Neither this final rule nor Amendment 17B actively 
removes any moratorium permits. The minimum threshold is only for 
purposes of monitoring changes in fishery participation and determining 
whether additional management measures should be established.
    As specified in Amendment 17B, when the number of moratorium 
permits declines to 1,175, the Council will form a panel to review 
details of the reserve permit pool and other options for management. 
The panel will consist of the Council's Shrimp Advisory Panel (AP) 
members, Science and Statistical Committee (SSC) members, NMFS, and 
Council staff. This panel could make recommendations about how to 
utilize a Gulf shrimp vessel permit reserve pool. The development of 
additional details for the pool permits will occur through a plan 
amendment or framework action, as appropriate, at a later date, when 
additional available information about the status of the Gulf shrimp 
fishery may be available.

Measures in This Final Rule Not Contained in Amendment 17B

    In addition to the measures described in Amendment 17B, this final 
rule revises the coordinates for the Tortugas shrimp sanctuary in the 
Gulf that were established in the original Shrimp FMP; and clarifies 
the regulations for the harvest and possession of wild live rock in 
Gulf Federal waters, as established in the FMP for Coral and Coral 
Reefs of the Gulf of Mexico (Coral FMP).
    The original FMP established the Tortugas shrimp sanctuary on May 
20, 1981, which was implemented with cooperation from of the state of 
Florida (46 FR 27489, May 20, 1981), and which is currently defined at 
50 CFR 622.55(c)(1). Since that time, there have been numerous advances 
in geographical positioning systems that describe the physical 
locations (such as lights) used to define the boundary of the Tortugas 
shrimp sanctuary. NMFS and the state of Florida have determined that 
several positions for the points defining the boundary of the sanctuary 
are no longer consistent with the most recent published coordinates in 
Federal navigation references and current positioning systems, such as 
Global Positioning Systems. For example, Point N (Coon Key Light) is 
currently described as being located at 25[deg]52'9'' north latitude 
and 81[deg]37'9'' west longitude. However, using current technology 
that is reflected in recent U.S. navigational publications, NMFS and 
the state of Florida have noted that this point is actually located at 
25[deg]52'54'' north latitude and 81[deg]37'56'' west longitude. 
Therefore, this final rule revises the positions for Points N, F, G, H, 
and P to reflect current technology, for consistency with the current 
U.S. Coast Guard Light List, the U.S. Coast Pilot, and the state of 
Florida regulations, and for consistency in units of position. For 
consistency, Florida is also updating these positions. Only these 
technical corrections for the coordinates are being made to the 
language of the regulations; this final rule does not make any 
substantive changes in the regulations specific to the management 
measures for the Tortugas shrimp sanctuary.
    This final rule also revises the prohibited species regulations for 
wild live rock, as established in the Coral FMP. In 1994, the final 
rule implementing Amendment 2 to the Coral FMP established a 
prohibition on the harvest and possession of wild live rock in the Gulf 
EEZ to begin on January 1, 1997 (59 FR 66776, December 28,

[[Page 60566]]

1994). The following year, the final rule implementing Amendment 3 to 
the Coral FMP established an annual quota for wild live rock from the 
Gulf EEZ to apply before the prohibition would take effect (60 FR 
56533, November 9, 1995). The prohibition on harvest beginning in 1997 
and the quota were originally codified at 50 CFR 638.26(c) and (d), and 
the quota provision included prohibitions on harvest and possession and 
on sale and purchase when a quota closure occurs. When NMFS reorganized 
the 50 CFR part 622 regulations in 1996, the prohibition on harvest and 
possession and the quota provisions were moved to 50 CFR 622.42(b)(2) 
and 622.43(a)(2)(ii) (61 FR 34930, July 3, 1996). In 1999, NMFS issued 
a final rule for a Technical Amendment to its regulations in 50 CFR 
part 622 in order to revise a variety of regulations for clarity, 
consistency in terms, and the removal of outdated regulations (64 FR 
59125, November 2, 1999). Because the harvest of wild live rock in the 
Gulf was discontinued at the end of 1996, the final rule for the 
Technical Amendment removed several provisions related to harvest, 
including the quota and the associated prohibitions on harvest and 
possession and on sale and purchase, when a quota closure occurs. That 
final rule also added a general restriction on sale and purchase of 
wild live rock from the Gulf EEZ, which remains in effect today. 
However, NMFS recently became aware that the rule inadvertently failed 
to also add the general restriction on the harvest and possession of 
wild live rock in or from the Gulf EEZ. In this final rule, NMFS 
corrects this error by adding the Gulf EEZ wild live rock prohibition 
at Sec.  622.73(c).

Changes to Codified Text in This Final Rule

    This final rule revises several table designations that are revised 
through Amendatory instruction 3 in the codified text. These table 
designations have been updated in this final rule based on updated 
formatting guidance provided by the Office of the Federal Register. No 
changes to the content in the referenced tables themselves was made in 
this final rule different from that in the proposed rule. In Sec.  
622.55, the table designations for paragraphs (d) and (e) use different 
numbers than those that were included in the proposed rule; 
specifically, this final rule uses numbers 1, 2 and 3 instead of 
numbers 3, 4 and 5, respectively, in the paragraph (d) table names, and 
the number 4 instead of the number 6 in the paragraph (e) table name.

Comments and Responses

    NMFS received seven comments on the notice of availability and 
proposed rule for Amendment 17B from the public and a Federal agency. 
Several commenters supported the transit provision for shrimp vessels 
not possessing a Federal moratorium permit. A Federal agency submitted 
a comment stating it had no comment on Amendment 17B or the proposed 
rule. NMFS' responses to comments that specifically relate to the 
actions contained in Amendment 17B and the proposed rule are summarized 
below.
    Comment 1: A minimum threshold number of moratorium permits should 
not be established because there is no need to keep unused permits 
available to the fishery.
    Response: NMFS disagrees. The Council established the minimum 
threshold to provide a clear benchmark for monitoring changes in 
fishery participation. Since the implementation of the Federal Gulf 
shrimp permit moratorium in Amendment 13 to the FMP in 2006, (71 FR 
56039, September 26, 2006), the fishery has experienced a passive 
decline in valid and renewable moratorium permits. While the permit 
moratorium has been successful in reducing overcapitalization and 
increasing CPUE in the fishery, the Council is concerned the decline in 
permits could continue indefinitely.
    National Standard 1 of the Magnuson-Stevens Act requires that 
fishery management plans prevent overfishing while achieving, on a 
continuing basis, the OY from each fishery. In March 2016, the Council 
convened a working group to recommend an appropriate aggregate MSY and 
aggregate OY for the Gulf shrimp fishery in Federal waters. The working 
group recommended an aggregate MSY and also determined that there were 
four important factors to consider when establishing aggregate OY: 
Landings, 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. The minimum threshold is based on the 
predicted number of active permitted vessels needed to attain this 
aggregate OY. Evaluating changes in fishery participation using this 
threshold will help the Council determine whether additional management 
measures are necessary in the future to continue to achieve OY on a 
continuing basis, consistent with National Standard 1.
    Comment 2: If the Council and NMFS have determined that the Gulf 
shrimp fishery needs more effort to achieve OY, and therefore more 
available moratorium vessel permits, NMFS should distribute any reserve 
pool permits through an auction or drawing, or sell them at the current 
market price.
    Response: The Council and NMFS have not decided that additional 
moratorium vessels permits are necessary. Amendment 17B requires only 
that the Council form a review panel when the number of valid or 
renewable shrimp moratorium permits reaches 1,175, and that when the 
number of valid or renewable moratorium permits reaches 1,072, any 
moratorium permits that are not renewed within 1 year of expiration be 
converted to Gulf shrimp reserve pool permits. The panel would consist 
of the Council's Shrimp AP members, SSC members, NMFS, and Council 
staff. The panel would review the details of a permit pool and other 
management options, and provide recommendations to the Council on 
issuance of any reserve pool permits or how else to utilize reserve 
pool permits. The Council would then decide the specific details of any 
future actions with respect to reserve pool permits, after the 
opportunity for public comment consistent with both the Magnuson-
Stevens Act and Administrative Procedure Act.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is consistent with Amendment 17B, 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 legal basis for this rule. No 
duplicative, overlapping, or conflicting Federal rules have been 
identified. In addition, no new reporting and record-keeping 
requirements are introduced by this rule. Accordingly, the Paperwork 
Reduction Act does not apply to this rule. A description of this rule, 
why it is being implemented, and the purposes of this rule are 
contained in the preamble and in the SUMMARY section of the preamble. 
The objectives of this rule are to establish the appropriate metrics to 
manage the shrimp fishery, maintain increases in catch efficiency, 
maintain landings at or near aggregate OY, promote economic efficiency 
and stability in the fishery, provide flexibility for state registered 
shrimp vessels, protect federally managed Gulf shrimp stocks, correct 
coordinates for the Tortugas sanctuary in the Federal

[[Page 60567]]

regulations so they are consistent with published coordinates in 
Federal navigation references and current positioning systems, and 
correct the regulations to clarify that harvest and possession of wild 
live rock in or from the Gulf EEZ is prohibited.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this rule, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities. NMFS did not receive any comments from SBA's 
Office of Advocacy or the public regarding the economic analysis of 
Amendment 17B or the certification in the proposed rule. No changes to 
this rule were made in response to public comments. The factual basis 
for the certification was published in the proposed rule and is not 
repeated here. Because this final rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
a final regulatory flexibility analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Permits, Shrimp.

    Dated: December 15, 2017.
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 amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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.  622.50, revise paragraph (b)(3)(ii) and add paragraphs 
(b)(3)(iii) and (e) to read as follows:


Sec.  622.50  Permits, permit moratorium, and endorsements.

* * * * *
    (b) * * *
    (3) * * *
    (ii) Except as provided for in paragraph (b)(3)(iii) of this 
section, a commercial vessel moratorium permit for Gulf shrimp that is 
not renewed will be terminated and will not be reissued during the 
moratorium. A permit is considered to be not renewed when an 
application for renewal, as required, is not received by the RA within 
1 year of the expiration date of the permit.
    (iii) When NMFS has determined that the number of commercial vessel 
moratorium permits for Gulf shrimp has reached the threshold number of 
permits as described in the FMP, then a commercial vessel moratorium 
permit for Gulf shrimp that is not renewed will be converted to a Gulf 
shrimp reserve pool permit and held by NMFS for possible reissuance. 
Gulf shrimp reserve pool permits will not be issued until eligibility 
requirements are developed and implemented through subsequent 
rulemaking.
* * * * *
    (e) Gulf shrimp transit provision. A vessel that does not have a 
valid Gulf shrimp moratorium permit, as described in paragraphs (a) and 
(b) of this section, may possess Gulf shrimp when in transit in the 
Gulf EEZ provided that the shrimp fishing gear is appropriately stowed. 
For the purposes of this paragraph, transit means non-stop progression 
through the Gulf EEZ. Fishing gear appropriately stowed means trawl 
doors and nets must be out of the water and the bag straps must be 
removed from the net.

0
 3. Amend Sec.  622.55 by:
0
a. Designating the table in paragraph (b) as Table 1 to paragraph (b);
0
b. Revising paragraph (c)(1);
0
c. Designating the table after paragraph (d)(2) as Table 1 to paragraph 
(d), the table after paragraph (d)(3) as Table 2 to paragraph (d), and 
the table after paragraph (d)(4) as Table 3 to paragraph (d); and
0
d. In paragraph (e) designating the table as Table 1 to paragraph (e).
    The revision reads as follows:


Sec.  622.55  Closed area.

* * * * *
    (c) * * *
    (1) The Tortugas shrimp sanctuary is closed to trawling. The 
Tortugas shrimp sanctuary is that part of the EEZ off Florida shoreward 
of rhumb lines connecting, in order, the following points:

                       Table 1 to Paragraph (c)(1)
------------------------------------------------------------------------
                     Point                       North lat.   West long.
------------------------------------------------------------------------
N \1\.........................................  25[deg]52'5  81[deg]37'5
                                                        4''          6''
F.............................................  24[deg]50'4  81[deg]51'1
                                                        2''          8''
G \2\.........................................  24[deg]40'0  82[deg]26'3
                                                        0''          9''
H \3\.........................................  24[deg]34'4  82[deg]35'2
                                                        4''          7''
P \4\.........................................  24[deg]35'0  82[deg]08'0
                                                        0''          0''
------------------------------------------------------------------------
\1\ Coon Key Light.
\2\ New Ground Shoals Light.
\3\ Rebecca Shoals Light.
\4\ Marquesas Keys.

* * * * *

0
4. In Sec.  622.73, add paragraph (c) to read as follows:


Sec.  622.73  Prohibited species.

* * * * *
    (c) Wild live rock may not be harvested or possessed in or from the 
Gulf EEZ.

[FR Doc. 2017-27449 Filed 12-20-17; 8:45 am]
 BILLING CODE 3510-22-P