[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Proposed Rules]
[Pages 41513-41514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14815]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BJ76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the South Atlantic States; Amendment 11

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

ACTION: Availability of proposed amendment; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 11 to the Fishery Management Plan (FMP) for the 
Shrimp Fishery of the South Atlantic Region (Shrimp FMP) for review, 
approval, and implementation by NMFS. If approved by the Secretary of 
Commerce, Amendment 11 to the Shrimp FMP (Amendment 11) would modify 
the transit provisions for shrimp trawl vessels with brown, pink, and 
white shrimp on board in Federal waters of the South Atlantic that have 
been closed to shrimp trawling to protect white shrimp as a result of 
cold weather events. The purpose of Amendment 11 is to update the 
regulations to more closely align with current fishing practices, 
reduce the socio-economic impacts for fishermen who transit these 
closed areas, and improve safety at sea while maintaining protection 
for overwintering white shrimp.

DATES: Written comments must be received on or before September 8, 
2020.

ADDRESSES: You may submit comments on Amendment 11, identified by 
``NOAA-NMFS-2020-0066,'' 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-2020-0066, 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 11, 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-11-shrimp-trawl-transit-provisions/.

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 the 
Secretary of Commerce (the Secretary) for review, and approval, partial 
approval, or disapproval. The Magnuson-Stevens Act also requires that 
the Secretary, 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 Shrimp FMP that is being revised by

[[Page 41514]]

Amendment 11. If approved, Amendment 11 would be implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Act.

Background

    Amendment 9 to the Shrimp FMP revised the criteria and procedures 
by which a South Atlantic state may request that NMFS implement a 
concurrent closure to the harvest of penaeid shrimp (brown, pink, and 
white shrimp) in the exclusive economic zone (EEZ) when state waters 
close as a result of severe winter weather (78 FR 35571; June 13, 
2013). The Shrimp FMP provides that if a state has determined there is 
at least an 80-percent reduction in the population of overwintering 
white shrimp, or that state water temperatures were 9 [deg]C (48 
[deg]F) or less for at least 7 consecutive days, the state can request 
NMFS to close the EEZ adjacent to that state's closed waters to the 
harvest of penaeid shrimp to protect the white shrimp spawning stock 
that has been severely depleted by cold weather.
    Currently, shrimp trawl vessels transiting these EEZ cold weather 
closed areas with penaeid shrimp on board are required to stow a trawl 
net with a mesh size of less than 4 inches (10.2 cm) below deck. Since 
the most recent cold weather EEZ closures off South Carolina (83 FR 
2931; January 22, 2018) and Georgia (83 FR 3404; January 25, 2018), 
fishermen requested that the Council update these transit provisions. 
Fishermen requested this change to achieve increased ability to transit 
the closed areas, as recent vessel design changes have limited access 
to below deck storage.
    Amendment 11 is expected to update the FMP and the regulations to 
better match the current design of the vessels in the fishery, reduce 
the socio-economic impact for fishermen who have difficulty transiting 
the cold weather closed areas with penaeid shrimp onboard their vessels 
under the current regulations, and improve safety at sea for fishermen 
through reduced travel time around the closed areas and by not having 
to disassemble fishing gear while at sea for stowage below deck, while 
maintaining protection for overwintering white shrimp and regulation 
enforceability of the cold weather closed areas.

Action Contained in Amendment 11

    Amendment 11 would allow a vessel to transit South Atlantic cold 
weather closed areas in the EEZ while possessing penaeid shrimp, 
provided the vessel is in transit and fishing gear is appropriately 
stowed. Transit would be defined as non-stop progression through the 
area with fishing gear appropriately stowed. Fishing gear appropriately 
stowed would be defined as trawl doors are in the rack (cradle) on 
deck, nets would be in the rigging and tied down, and the try net would 
be on the deck. Doors in the rack means the trawl doors are stowed in 
their storage racks out of the water on the vessel's deck. Nets in the 
rigging means the trawl nets are out of the water and are tied to the 
trawl vessel's rigging.
    The proposed transit provision was developed and recommended to the 
Council by the Council's Law Enforcement, Shrimp, and Deep-water Shrimp 
Advisory Panels. Amendment 11 and the proposed rule are expected to 
reduce adverse socio-economic and safety at sea impacts associated with 
the current transit provisions through reduced travel time around the 
closed areas and time on the water for fishermen by not requiring gear 
stowage below deck. Fishermen also stated that having to disassemble 
trawl gear for below deck stowage in rough sea conditions is a safety-
at-sea concern.

Proposed Rule for Amendment 11

    A proposed rule that would implement Amendment 11 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the Shrimp 
FMP, Amendment 11, 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 11 for Secretarial review, 
approval, and implementation. Comments on Amendment 11 must be received 
by September 8, 2020. Comments received during the respective comment 
periods, whether specifically directed to Amendment 11 or the proposed 
rule, will be considered by NMFS in the decision to approve, 
disapprove, or partially approve Amendment 11. 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 6, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-14815 Filed 7-9-20; 8:45 am]
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