[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Proposed Rules]
[Pages 25438-25439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BL09


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region; Coral Amendment 10

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

ACTION: Announcement of the availability of a proposed fishery 
management plan amendment; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 10 to the Fishery Management Plan (FMP) for the 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region (Coral FMP) for review, approval, and implementation by NMFS. If 
approved by the Secretary of Commerce (Secretary), Amendment 10 to the 
Coral FMP (Coral Amendment 10) would establish a shrimp fishery access 
area (SFAA) along the eastern boundary of the northern extension of the 
Oculina Bank Habitat Area of Particular Concern (OHAPC), where trawling 
for rock shrimp is currently prohibited. Coral Amendment 10 would 
increase access to historic rock shrimp fishing grounds while 
maintaining protection of the Oculina deep-water coral ecosystems, 
provide increased socio-economic benefits to fishers, and increase the 
likelihood of achieving optimum yield (OY) in the rock shrimp portion 
of the South Atlantic shrimp fishery.

DATES: Written comments must be received on or before June 28, 2022.

ADDRESSES: You may submit comments on Coral Amendment 10, identified by 
``NOAA-NMFS-2021-0126,'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter ``NOAA-NMFS-2021-0126'' in the Search box. Click the 
``Comment'' 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 Coral Amendment 10, 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-10-establish-shrimp-fishery-access-area/.

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 for review and approval, partial approval, or disapproval. 
The Magnuson-Stevens Act also requires that the Secretary, upon 
receiving an FMP or FMP amendment, publish an announcement in the 
Federal Register notifying the public that the FMP or FMP amendment is 
available for review and comment.
    The Council prepared the Coral FMP that is being revised by Coral 
Amendment 10. If approved, Coral Amendment 10 would be implemented by 
NMFS through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Act.

Background

    In 1984, the Council designated a 92-nm\2\ portion of the Oculina 
Bank as the OHAPC (49 FR 29607; August 22, 1984). Additionally, the 
Council prohibited the use of bottom trawls, bottom longlines, dredges, 
fish traps, and fish pots within the OHAPC to mitigate the risk of 
damage by fishing gear to Oculina coral. In 2000, the Council further 
expanded the protected area in the OHAPC through Amendment 4 to the 
Coral FMP (65 FR 37292; June 14, 2000). In 2014, Amendment 8 to the 
Coral FMP (Coral Amendment 8) extended the OHAPC northward, including 
the area considered in this notification (80 FR 42423; July 17, 2015).
    Information on the concentrated shrimp fishing effort in the area 
and its economic value to the rock shrimp portion of the shrimp fishery 
was discussed by the Council very late in the development of Coral 
Amendment 8. During these discussions, rock shrimp fishermen requested 
adjustment of the OHAPC boundary and provided coordinates that 
comprised the important fishing grounds in that area. Coral Amendment 
10 was developed by the Council to explore options to establish an SFAA 
within the northern extension of the OHAPC. The Council also developed 
Coral Amendment 10 in response to the Presidential Executive Order on 
Seafood Competitiveness and

[[Page 25439]]

Economic Growth (E.O. 13921) (85 FR 28471; May 7, 2020). Coral 
Amendment 10 would address the recommendation to reduce burdens on 
domestic fishing and to increase production within sustainable 
fisheries contained in E.O. 13921. This would be accomplished by re-
opening a closed area to commercial fishermen who have lost access to 
areas that have been traditionally fished.
    While landings and revenue from rock shrimp are highly variable, 
peak landings from recent years have fallen far short of maximum 
sustainable yield (MSY) and OY levels. Thus, the rock shrimp portion of 
the shrimp fishery has been consistently operating well below OY/MSY 
levels during this time. The purpose of Coral Amendment 10 is to 
increase economic and social benefits to rock shrimp fishermen by 
allowing access to historic rock shrimp fishing grounds.

Action Contained in Coral Amendment 10

    Coral Amendment 10 would establish an approximately 22-mi\2\ SFAA 
along the eastern boundary of the northern extension of the OHAPC, 
where fishing for and possessing rock shrimp is currently prohibited. 
Within the proposed SFAA, a shrimp vessel with a valid Federal limited 
access commercial vessel permit for rock shrimp would be allowed to 
bottom trawl for rock shrimp. All other existing restrictions, 
including prohibitions on anchoring and the use of bottom longline, 
dredge, pot, or trap gear, would remain.

Proposed Rule for Coral Amendment 10

    A proposed rule to implement Coral Amendment 10 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the Coral FMP, 
Coral Amendment 10, the Magnuson-Stevens Act, and other applicable law. 
If that determination is affirmative, NMFS will submit the proposed 
rule for publication in the Federal Register for public review and 
comment.

Consideration of Public Comments

    The Council has submitted Coral Amendment 10 for Secretarial 
review, approval, and implementation. Comments on Coral Amendment 10 
must be received by June 28, 2022. Comments received during the 
respective comment periods, whether specifically directed to Coral 
Amendment 10 or the proposed rule, will be considered by NMFS in the 
decision to approve, disapprove, or partially approve Coral Amendment 
10. Comments received after the comment periods will not be considered 
by NMFS in this decision. NMFS will address all comments received on 
the amendment or on the proposed rule during their respective comment 
periods in the final rule.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 26, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-09211 Filed 4-28-22; 8:45 am]
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