[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38416-38418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 210713-0147]
RIN 0648-BK01


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Framework Action

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

ACTION: Final rule.

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SUMMARY: NMFS is implementing management measures described in a 
framework action to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (Reef Fish FMP), as prepared and 
submitted by the Gulf of Mexico Fishery Management Council (Council). 
This final rule will prohibit certain fishing activities and, with one 
exception, the possession of Gulf of Mexico (Gulf) reef fish within the 
Madison-Swanson and Steamboat Lumps Marine Protected Areas (MPAs). The 
purpose of this final rule is to protect spawning aggregations of 
mature reef fish species by reducing the potential for illegal fishing 
activities within these MPAs.

DATES: This final rule is effective on August 20, 2021.

ADDRESSES: Electronic copies of this framework action to the FMP for 
the Reef Fish Resources of the Gulf of Mexico may be obtained from 
www.regulations.gov or from the NMFS Southeast Regional Office website 
at https://www.fisheries.noaa.gov/action/modification-fishing-access-eastern-gulf-mexico-marine-protected-areas. The framework action 
includes an environmental assessment, regulatory impact review, and 
Regulatory Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the reef fish 
fishery under the Reef Fish FMP. The Reef Fish FMP was prepared by the 
Council and is implemented by NMFS through regulations at 50 CFR part 
622 under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).

[[Page 38417]]

    On March 2, 2021, NMFS published the proposed rule for the 
framework action and requested public comment (86 FR 12163). The 
proposed rule outlined the rationale for the actions contained in this 
final rule. A summary of the management measures described in the 
proposed rule and implemented by this final rule is described below.

Background

    The Madison-Swanson and Steamboat Lumps MPAs were established on 
June 19, 2000 (65 FR 31827, May 19, 2000). The two MPAs combined cover 
219 square nautical miles (nmi\2\) (751 square kilometers (km\2\)) near 
the 240-foot (73-meter) contour, also known as the 40-fathom contour, 
off northwest and west Florida. The area of Madison-Swanson is 115 
nmi\2\ (394 km\2\) and the area of Steamboat Lumps is 104 nmi\2\ (357 
km\2\). The distance between these MPAs is approximately 69 nmi (127 
km). The Council and NMFS created the MPAs to provide protection to 
spawning aggregations of gag, which is a species of grouper, and other 
reef fish. When the MPAs were implemented, all fishing inside the MPAs 
was prohibited, except for Atlantic highly migratory species (HMS) such 
as tunas, billfishes, and oceanic sharks, which are managed separately 
by NMFS' Atlantic HMS Management Division. Since 2004, surface trolling 
has been allowed for non-reef fish species in the MPAs from May 1 
through October 31 annually (69 FR 24532, May 4, 2004). In 2006, NMFS 
implemented complementary management measures to prohibit fishing for 
Atlantic HMS except by surface trolling from May 1 through October 31 
annually (71 FR 58058, October 2, 2006). In addition, the possession of 
Gulf reef fish while inside the MPAs is prohibited, except on a vessel 
in transit with fishing gear stowed as specified in Sec.  622.34(a)(4).
    The Council developed this framework action to modify the 
restrictions on fishing in, and transiting through, the Madison-Swanson 
and Steamboat Lumps MPAs in the eastern Gulf. The framework action 
prohibits all fishing, except for HMS, year-round in the Madison-
Swanson and Steamboat Lumps MPAs, and prohibits the possession of Gulf 
reef fish year-round in these areas unless a vessel has a valid Federal 
commercial permit for Gulf reef fish, an operating satellite-based 
vessel monitoring system (VMS), and is in transit with fishing gear 
appropriately stowed.
    These prohibitions do not apply to Atlantic HMS. Federal 
regulations currently applicable to Atlantic HMS in the MPAs are 
located at 50 CFR part 635.

Management Measures Contained in This Final Rule

    This final rule prohibits fishing year-round in the Madison-Swanson 
and Steamboat Lumps MPAs. Additionally, the possession of any Gulf reef 
fish is prohibited year-round in the MPAs, with a limited exception.
    This final rule revises current fishing restrictions in the MPAs. 
Currently, surface trolling, as defined at Sec.  622.34(a)(5), is the 
only allowable fishing activity and is only allowed from May through 
October each year. Federally managed species that may be targeted by 
surface trolling in the MPAs include the Gulf coastal migratory pelagic 
species king mackerel and Spanish mackerel, and HMS.
    This final rule prohibits fishing year-round for all species except 
HMS. However, NMFS Atlantic HMS Management Division is considering a 
request from the Council to develop compatible regulations for HMS.
    Currently, fishing vessels with Gulf reef fish on board may transit 
through the MPAs as long as all fishing gear is appropriately stowed. 
This provision allows transiting fishing vessels to proceed between 
destinations, without the need to reroute to avoid a specific area even 
if they are in possession of reef fish. For these MPAs, transit means 
non-stop progression through the area and fishing gear appropriately 
stowed is defined in 50 CFR 622.34(a)(4)(i) through (iv). This final 
rule prohibits the possession of Gulf reef fish in the MPAs even when 
transiting unless the vessel was issued a valid Federal commercial 
permit for Gulf reef fish, which requires an operating satellite-based 
VMS. All fishing gear needs to be appropriately stowed.

Comments and Responses

    NMFS did not receive any comments during the public comment period 
for the proposed rule for the framework action and therefore no changes 
were made to this proposed rule as a result of public comment.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the framework amendment, the Reef Fish FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Marine protected area, Reef 
fish.

    Dated: July 13, 2021.
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 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. Amend Sec.  622.34 by:
0
a. Revising the paragraph heading and adding paragraph (a) introductory 
text;
0
b. Revising paragraphs (a)(2) and (3); and
0
c. Removing paragraphs (a)(5) and (6).
    The revisions read as follows:


Sec.  622.34   Seasonal and area closures designed to protect Gulf reef 
fish.

    (a) Closure provisions applicable to the Madison and Swanson sites, 
Steamboat Lumps, and the Edges. For the purpose of this paragraph (a), 
fish means finfish, mollusks, crustaceans, and all other forms of 
marine animal and plant life other than marine mammals and birds. The 
provisions of this paragraph (a) do not apply to Atlantic highly 
migratory species, such as tunas, billfishes, and oceanic sharks. See 
50 CFR part 635 for any provisions applicable to fishing for or 
possession of

[[Page 38418]]

Atlantic highly migratory species in these areas.
* * * * *
    (2) Within the Madison and Swanson sites and Steamboat Lumps: 
Fishing is prohibited year-round; possession of Gulf reef fish is 
prohibited year-round except when such possession is on a vessel that 
has been issued a valid Federal commercial permit for Gulf reef fish, 
has an operating satellite-based VMS unit, and is in transit with 
fishing gear stowed as specified in paragraph (a)(4) of this section; 
and possession of any non-Gulf reef fish species is prohibited year-
round, except for such possession on a vessel in transit with fishing 
gear stowed as specified in paragraph (a)(4) of this section.
    (3) Within the Edges during January through April each year, all 
fishing is prohibited and the possession of any fish species is 
prohibited, except for such possession on a vessel in transit with 
fishing gear appropriately stowed as specified in paragraph (a)(4) of 
this section.
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[FR Doc. 2021-15202 Filed 7-20-21; 8:45 am]
BILLING CODE 3510-22-P