[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Proposed Rules]
[Pages 37611-37612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16420]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BI96


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 18

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) 
has submitted Amendment 18 to the Fishery Management Plan (FMP) for the 
Shrimp Fishery of the Gulf of Mexico, U.S. Waters (Amendment 18) for 
review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendment 18 would modify the target reduction 
goal for juvenile red snapper mortality in the Federal Gulf shrimp 
trawl fishery in the 10-30 fathom depth zone, and would modify the FMP 
management measures framework procedure. The purposes of Amendment 18 
are to promote economic stability, to achieve optimum yield in the 
Federal Gulf shrimp fishery by reducing effort constraints, and to 
equitably distribute the benefits from red snapper rebuilding, while 
continuing to protect, the Gulf red snapper stock.

DATES: Written comments must be received on or before September 30, 
2019.

ADDRESSES: You may submit comments on Amendment 18, identified by 
``NOAA-NMFS-2019-0045,'' 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-2019-0045, 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), 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 18, which includes a fishery impact 
statement, a Regulatory Flexibility Act (RFA) analysis, and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/action/amendment-18-modifying-shrimp-effort-threshold.

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 FMP amendment to NMFS 
for review, and approval, partial approval, or disapproval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    The Council prepared the FMP being revised by Amendment 18, and if 
approved, Amendment 18 would be implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.

Background

    The 2005 Southeast Data, Assessment, and Review (SEDAR) 7 stock 
assessment for Gulf red snapper identified bycatch of red snapper by 
the Gulf shrimp fishery as a primary factor affecting the recovery of 
the stock (SEDAR 7 2005). The assessment indicated a need to reduce the 
red snapper bycatch mortality attributed to shrimp trawls by 74 
percent, compared to levels of effort and mortality experienced during 
the baseline 2001-2003 period.
    To end overfishing of red snapper and rebuild the stock by 2032 in 
compliance with the rebuilding plan, the Council developed Amendment 14 
to the FMP to cap shrimp fishing effort in statistical zones 10-21 in 
10-30 fathom (18.29 m-54.86 m) depth zone of the western Gulf (i.e., 
the area monitored for juvenile red snapper bycatch). The reduction 
goal for juvenile red snapper mortality was linked to a reduction in 
shrimp fishing effort of 74 percent below fishing effort during the 
baseline 2001-2003 period. The final rule for implementing this 
reduction published on January 29, 2008 (73 FR 5117). Consistent with 
Amendment 14, NMFS reduced the threshold level to 67 percent of the 
baseline in 2011. Amendment 14 also stated that the target reduction 
goal should decrease to 60 percent (i.e., shrimp effort could increase) 
by 2032 (the final year of the red snapper rebuilding plan); however, 
the framework procedure to implement this reduction was never 
established by the Council.
    The Gulf shrimp fishery has not exceeded the allowable threshold 
effort levels established in Amendment 14. Since the early 2000s, the 
Gulf shrimp fishery has experienced economic losses, primarily as a 
result of high fuel costs and reduced sales prices caused by 
competition with imported shrimp. These economic losses have resulted 
in the reduction in the number of vessels within the fishery, and 
consequently, a reduction in commercial effort, when compared to 
historical levels.
    Through Amendment 13 to the FMP, the Council took additional steps 
in 2006 to cap shrimp fishing effort in response to increased levels of 
bycatch of species including red snapper through establishment of the 
Federal

[[Page 37612]]

commercial Gulf shrimp moratorium permit (71 FR 56039; September 26, 
2006). The permit moratorium was later extended until October 26, 2026, 
by the final rule for Amendment 17A to the FMP (81 FR 47733; July 22, 
2016) (50 CFR 622.50(b)).
    The Gulf red snapper is no longer overfished or undergoing 
overfishing, and continues to rebuild, consistent with the rebuilding 
plan (SEDAR 52 2018). Also, as described in Amendment 18, recent 
research indicates that the effect of the shrimp fishery on red snapper 
mortality is less than previously determined. In response to a request 
by the Council, the NMFS Southeast Fisheries Science Center (SEFSC) 
conducted an analysis to determine if effort in the shrimp fishery 
could increase without affecting red snapper rebuilding. The SEFSC 
analyzed how increases in Gulf-wide may affect the red snapper 
rebuilding plan and catch level projections from the SEDAR 52 stock 
assessment. This analysis of Gulf-wide effort increases was used as a 
proxy for changes in effort in the specific area monitored for purposes 
of the threshold because the results from SEDAR 52 could not be broken 
out into specific depth areas in particular statistical zones. The 
analysis indicated that increasing shrimp effort to the level 
considered in Amendment 14 (60 percent below the baseline years of 
2001-2003) is unlikely to affect the rebuilding timeline of red 
snapper, and would have little impact on red snapper annual catch 
limits.

Actions Contained in Amendment 18

    Amendment 18 would modify the target reduction goal for juvenile 
red snapper mortality in the Federal Gulf shrimp trawl fishery, and 
would modify the FMP framework procedures.

Target Reduction Goal

    Amendment 18 would reduce the trawl bycatch mortality on red 
snapper to 60 percent below the baseline effort in the years 2001-2003. 
Although the Gulf red snapper stock is in a rebuilding plan until 2032, 
it is no longer overfished or undergoing overfishing (SEDAR 52 2018). 
While the red snapper stock acceptable biological catch (ABC) has 
consistently increased under the rebuilding plan, the target reduction 
goal of shrimp trawl bycatch mortality on red snapper has remained the 
same since 2011. The higher the target reduction of shrimp trawl 
bycatch mortality on red snapper, the more likely that the effort 
threshold would be exceeded, triggering a seasonal closure for the Gulf 
shrimp fishery. Although a shrimp closure has not been implemented to 
date as a result of effort reaching the threshold, shrimp effort has 
come within 2 percent of the 67-percent threshold in 2014, 2016, and 
2017, indicating that a future commercial shrimp closure could occur. 
As noted previously, the analysis done by the SEFSC indicates that 
allowing shrimp effort to increase consistent with the lower threshold 
would not impact the red snapper rebuilding plan and would have only a 
small impact on red snapper catch levels. The projected reduction in 
the red snapper ABC in the short term (over the next 3 years) is no 
more than 100,000 lb (45,359 kg) per year and, in the long term, no 
more than 200,000 lb (90,719 kg) per year.

FMP Framework Procedures

    Amendment 18 would revise the FMP framework procedure to allow 
changes to the target reduction goal for juvenile red snapper mortality 
through the standard open framework documentation process. Amendment 18 
would also modify the FMP abbreviated documentation process to allow 
specification of an ABC recommended by the Council's Scientific and 
Statistical Committee based on results of a new stock assessment and 
using the Council's ABC control rule. The changes to the framework 
process in Amendment 18 would provide for consistency across all 
abbreviated framework procedures under the Council's jurisdiction and 
would facilitate faster management action, if necessary, for the 
Council by providing a more streamlined approach to modify any future 
effort reduction goals.

Proposed Rule for Amendment 18

    A proposed rule that would implement Amendment 18 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 laws. 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 18 for Secretarial review, 
approval, and implementation. Comments on Amendment 18 must be received 
by September 30, 2019. Comments received during the respective comment 
periods, whether specifically directed to Amendment 18 or the proposed 
rule, will be considered by NMFS in the decision to approve, 
disapprove, or partially approve Amendment 18. 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: July 29, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-16420 Filed 7-31-19; 8:45 am]
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