[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6816-6819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01533]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200123-0027]
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: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 18 to the 
Fishery Management Plan (FMP) for the Shrimp Fishery of the Gulf of 
Mexico U.S. Waters (Amendment 18), as prepared and submitted by the 
Gulf of Mexico (Gulf) Fishery Management Council (Council). This final 
rule will modify the target reduction goal for juvenile red snapper 
mortality in the Federal Gulf penaeid shrimp trawl fishery, and will 
modify the FMP framework procedures. 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: This final rule is effective March 9, 2020.

ADDRESSES: Electronic copies of Amendment 18, which includes a fishery 
impact statement, a Regulatory Flexibility Act 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 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 1, 2019, NMFS published a notice of availability for 
Amendment 18 and requested public comment (84 FR 37611). NMFS approved 
Amendment 18 on October 25, 2019. On August 29, 2019, NMFS published a 
proposed rule for Amendment 18 and requested public comment (84 FR 
45459). The proposed rule and Amendment 18 outline the rationale for 
the action contained in this final rule. A summary of the management 
measures described in Amendment 18 and implemented by this final rule 
is provided below.
    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 
the 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. 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).
    The Gulf red snapper stock 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 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.

Management Measures Codified in This Final Rule

    This final rule implements measures to modify the target reduction 
goal for juvenile red snapper mortality in the Federal Gulf shrimp 
trawl fishery, and modifies the FMP framework procedures.

Target Reduction Goal

    This final rule implements a reduction for trawl bycatch mortality 
on red snapper to 60 percent below the baseline effort in the years 
2001-2003. As discussed in Amendment 18 and the proposed rule, 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 established in Amendment 22 to the Reef Fish 
FMP (70 FR 32266; June 2, 2005), and would have only a small impact on 
red snapper catch levels. The projected reduction in the red snapper 
acceptable biological catch (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

    This final rule revises the FMP framework procedure to allow 
changes to the target reduction goal for juvenile red snapper mortality 
through the standard open framework documentation process. This final 
rule also modifies the FMP abbreviated documentation process to allow 
specification of an ABC recommended by the Council's Scientific and

[[Page 6817]]

Statistical Committee (SSC) based on results of a new stock assessment 
and using the Council's ABC control rule. The changes to the framework 
procedure in Amendment 18 provide for consistency across all 
abbreviated framework procedures under the Council's jurisdiction and 
could facilitate faster management action, if necessary, for the 
Council by providing a more streamlined approach to modify any future 
effort reduction goals.

Measures in This Final Rule Not Contained in Amendment 18

    This final rule replaces the term ``Letter of Authorization (LOA)'' 
with ``Gear Test Authorization (GTA)'' in 50 CFR 622.53, Bycatch 
Reduction Device Requirements, paragraphs (a)(2)(i)(B) and (ii). This 
change was made in Bycatch Reduction Device Testing Manual when it was 
revised in 2016 (81 FR 95056; December 27, 2016), and this change makes 
the terminology in the regulations consistent with the terminology in 
the manual.

Changes From the Proposed Rule

    In the proposed rule, paragraph (d)(1) of Sec.  622.55 did not 
specify the correct number of annual days fished associated with the 
60-percent target reduction. Therefore, NMFS replaces ``27,328 days 
fished'' with the correct number of ``33,124 days fished'' in the 
regulatory text of this final rule. The entirety of the affected 
sentence reads as follows: ``The RA's determination of the need for 
such closure and its geographical scope and duration will be based on 
an annual assessment, by the Southeast Fisheries Science Center, of the 
shrimp effort and associated shrimp trawl bycatch mortality on red 
snapper in the 10-30 fathom area of statistical zones 10-21, compared 
to the 60-percent target reduction of shrimp trawl bycatch mortality on 
red snapper from the benchmark years of 2001-2003 established in the 
FMP (which corresponds in terms of annual shrimp effort to 33,124 days 
fished).''

Comments and Responses

    NMFS received 593 comments on Amendment 18 and the proposed rule 
from recreational fishers, the general public, commercial fishing 
organizations, and non-governmental organizations. Two comments 
supported the actions in Amendment 18. The majority of comments opposed 
modifying the shrimp fishing effort threshold. Some comments suggested 
management measures to address bycatch in the shrimp trawl fishery 
including implementing fishing seasons, adding more gear restrictions, 
adjusting catch limits, and transferring management of the Gulf shrimp 
fishery to the Gulf states. However, as stated earlier, one of the 
purposes of this action is to achieve optimum yield in the Federal Gulf 
shrimp fishery (as required by National Standard 1) by reducing effort 
constraints, as well as to equitably distribute the benefits from red 
snapper rebuilding, while continuing to protect the Gulf red snapper 
stock. Thus, these comments regarding additional measures to address 
bycatch in the shrimp trawl fishery are beyond the scope of Amendment 
18 and the proposed rule, and are not addressed further. Comments 
specific to Amendment 18 and the proposed rule are grouped as 
appropriate and summarized below, each followed by NMFS' respective 
response.
    Comment 1: NMFS should not modify the target reduction goal for 
juvenile red snapper mortality in the Federal Gulf shrimp trawl fishery 
because there is no scientific information to support the conclusion 
that this change will not result in unacceptable levels of bycatch of 
fish, sea turtles, and other species.
    Response: The best scientific information available indicates that 
this action will not have substantial impacts to levels of bycatch for 
fish, sea turtles, or other species. The reduction in the effort 
threshold in this final rule may allow more shrimp fishing effort to 
occur in the statistical zones 10-21 in the 10-30 fathom (18.29 m-54.86 
m) depth zone of the western Gulf. However, effort in this area has not 
met the current threshold and NMFS does not expect a substantial 
increase in Gulf-wide effort to result from reducing the threshold. As 
explained in Amendment 18, Gulf-wide effort in the shrimp fishery has 
been constrained by a permit moratorium that has been in place since 
2007, as well as economic factors, such as high fuel costs and reduced 
prices caused by competition with imports.
    In addition, the Council and NMFS have reduced finfish bycatch by 
requiring the use of bycatch reduction devices and, as explained in 
more detail in the response to Comment 2, an SEFSC analysis concluded 
that the maximum possible increase in shrimp effort permitted under 
this rule would not impact red snapper rebuilding. Potential impacts to 
sea turtles have been addressed in an Endangered Species Act (ESA) 
formal consultation. The reduction in the effort threshold implemented 
through this final rule will not change the amount of sea turtle take 
authorized under the ESA. The fishery's impact on sea turtles is 
monitored by turtle excluder device (TED) compliance levels and through 
an effort metric separate from that addressed in this final rule.
    Comment 2: Allowing an increase in shrimp trawl effort will delay 
recovery of the Gulf red snapper stock and result in future lower 
recreational catch limits.
    Response: NMFS disagrees that the moderate increase in shrimp trawl 
effort possible through this final rule will alter the Gulf red snapper 
rebuilding plan time period. The SEFSC analysis contained in Amendment 
18 concluded that the maximum possible increase in shrimp effort 
permitted under this rule would not impact red snapper rebuilding. This 
analysis noted that red snapper mortality due to discards during the 
closed red snapper recreational season is much greater than was 
predicted at the time the initial shrimp effort reduction threshold was 
put in place in 2008. In addition, recent research shows that natural 
mortality of juvenile red snapper is greater than previously indicated, 
which means that mortality due to shrimp trawl bycatch has a smaller 
influence on the red snapper population than previously thought.
    With respect to red snapper catch limits, NMFS agrees that a 
reduction in total red snapper allowable catch is predicted over the 
remainder of the rebuilding time period if the maximum possible 
increase in shrimp effort occurs. However, shrimp effort has not 
exceeded the current allowable level in more than 10 years. Further, 
the reduction of the total allowable catch is predicted to be only 
100,000 lb (45,359 kg), annually over the next 3 years, or 0.66 percent 
of the overall quota. For the recreational private angling component, 
the greatest possible reduction in the catch level would be 
approximately 28,273 lb (12,824 kg), annually, or less than 1 percent 
of the Gulf-wide private-angling component quota. For the recreational 
for-hire component, the greatest possible reduction in the catch level 
would be approximately 20,727 lb (9,402 kg), annually, or less than one 
percent of the for-hire component quota. However, any change in red 
snapper catch levels would not occur until the completion of a new 
stock assessment, which is scheduled to begin in 2021.
    Comment 3: The proposed target reduction goal should be phased in 
over several fishing seasons.
    Response: The Council initially considered an alternative that 
would have phased-in the implementation of the target reduction. 
However, the Council removed this alternative from further 
consideration because Amendment 18 also modifies the

[[Page 6818]]

framework procedure to allow a more streamlined approach to modify any 
future effort reduction goals. This will allow the Council to more 
timely address any new information that indicates the threshold should 
be changed. The Council also considered an alternative that would have 
reduced the threshold to 63 percent rather then to 60 percent, but the 
SEFSC analysis concluded that there would be negligible changes in red 
snapper catch levels under any of the reduction targets alternatives 
(63, 60, and 56 percent) considered in Amendment 18. Therefore, the 
Council determined, and NMFS agrees, that is appropriate to reduce the 
threshold directly to 60 percent through this final rule.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is consistent with Amendment 18, 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. This final rule is considered an 
Executive Order 13771 deregulatory action. The potential cost savings 
from this final rule are estimated to be $3.51 million in 2016 dollars, 
discounted at 7 percent in perpetuity.
    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 final 
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 promote economic stability 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.
    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 18 or the certification in the proposed rule. No changes to 
this final 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

    Bycatch, Commercial, Fisheries, Fishing, Framework, Gulf, Red 
snapper, Shrimp, Target reduction goal.

    Dated: January 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, 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.  622.53, revise paragraphs (a)(2)(i)(B) and (a)(2)(ii) to 
read as follows:


Sec.  622.53  Bycatch reduction device (BRD) requirements.

    (a) * * *
    (2) * * *
    (i) * * *
    (B) After reviewing the application, the RA will determine whether 
to issue a Gear Test Authorization (GTA) to conduct pre-certification 
trials upon the vessel specified in the application. If the RA 
authorizes pre-certification, the RA's GTA must be on board the vessel 
during any trip involving the BRD testing.
    (ii) Certification. A person who proposes a BRD for certification 
for use in the Gulf EEZ must submit an application to test such BRD, 
conduct the testing, and submit the results of the test in accordance 
with the ``Bycatch Reduction Device Testing Manual.'' The RA will issue 
a GTA to conduct certification trials upon the vessel specified in the 
application if the RA finds that: The operation plan submitted with the 
application meets the requirements of the ``Bycatch Reduction Device 
Testing Manual''; the observer identified in the application is 
qualified; and the results of any pre-certification trials conducted 
have been reviewed and deemed to indicate a reasonable scientific basis 
for conducting certification testing. If an application for a GTA is 
denied, the RA will provide a letter of explanation to the applicant, 
together with relevant recommendations to address the deficiencies that 
resulted in the denial. To be certified for use in the fishery, the BRD 
candidate must successfully demonstrate a 30 percent reduction in total 
weight of finfish bycatch. In addition, the BRD candidate must satisfy 
the following conditions: There is at least a 50-percent probability 
the true reduction rate of the BRD candidate meets the bycatch 
reduction criterion and there is no more than a 10-percent probability 
the true reduction rate of the BRD candidate is more than 5 percentage 
points less than the bycatch reduction criterion. If a BRD meets both 
conditions, consistent with the ``Bycatch Reduction Device Testing 
Manual,'' NMFS, through appropriate rulemaking procedures, will add the 
BRD to the list of certified BRDs in paragraph (a)(3) of this section; 
and provide the specifications for the newly certified BRD, including 
any special conditions deemed appropriate based on the certification 
testing results.
* * * * *

0
3. In 622.55, revise paragraph (d)(1) to read as follows:


Sec.  622.55  Closed areas.

* * * * *
    (d) * * *
    (1) Procedure for determining need for and extent of closures. Each 
year, in accordance with the applicable framework procedure established 
by the Gulf Shrimp FMP, the RA will, if necessary, establish a seasonal 
area closure for the shrimp fishery in all or a portion of the areas of 
the Gulf EEZ specified in paragraphs (d)(2) through (4) of this 
section. The RA's determination of the need for such closure and its 
geographical scope and duration will be based on an annual assessment, 
by the Southeast Fisheries Science Center, of the shrimp effort and 
associated shrimp trawl bycatch mortality on red snapper in the 10-30 
fathom area of statistical zones 10-21, compared to the 60-percent 
target reduction of shrimp trawl bycatch mortality on red snapper from 
the benchmark years of 2001-2003 established in the FMP (which 
corresponds in terms of annual shrimp effort to 33,124 days fished). 
The framework procedure provides for adjustment of this target 
reduction level, consistent with the red snapper stock rebuilding plan 
and the findings of subsequent stock assessments, via appropriate 
rulemaking. The assessment will use shrimp effort data for the most 
recent 12-month period available and will include a recommendation

[[Page 6819]]

regarding the geographical scope and duration of the closure. The 
Southeast Fisheries Science Center's assessment will be provided to the 
RA on or about March 1 of each year. If the RA determines that a 
closure is necessary, the closure falls within the scope of the 
potential closures evaluated in the Gulf Shrimp FMP, and good cause 
exists to waive notice and comment, NMFS will implement the closure by 
publication of a final rule in the Federal Register. If such good cause 
waiver is not justified, NMFS will implement the closure via 
appropriate notice and comment rulemaking. NMFS intends that any 
closure implemented consistent with this paragraph (d)(l) will begin on 
the same date and time as the Texas closure, as described in paragraph 
(a) of this section, unless circumstances dictate otherwise.
* * * * *

0
4. In Sec.  622.60, revised 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, acceptable 
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, and target effort reduction for juvenile 
red snapper mortality.
    (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), and target effort reduction for juvenile red snapper 
mortality.

[FR Doc. 2020-01533 Filed 2-5-20; 8:45 am]
 BILLING CODE 3510-22-P