[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35571-35572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13692]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120919470-3513-02]
RIN 0648-BC58
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery Off the Southern Atlantic States; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of final action; revision to Fishery Management
Plan.
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SUMMARY: NMFS issues this final rule to implement Amendment 9
(Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of
the South Atlantic Region (FMP), as prepared and submitted by the South
Atlantic Fishery Management Council (Council). This final rule revises
the criteria and procedures by which a South Atlantic state may request
a concurrent closure of the exclusive economic zone (EEZ) to the
commercial harvest of penaeid shrimp (brown, pink, and white shrimp)
when state waters close as a result of severe winter weather. Amendment
9 also revises the overfished and overfishing status determination
criteria for pink shrimp. The purpose of this rule is to increase the
flexibility and timeliness of the criteria and process for implementing
a concurrent closure of penaeid shrimp harvest in the EEZ to maximize
protection of overwintering white shrimp in the South Atlantic.
DATES: This rule is effective July 15, 2013.
ADDRESSES: Electronic copies of Amendment 9, which includes an
environmental assessment, and a regulatory impact review, may be
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
On March 4, 2013, NMFS published a notice of availability for
Amendment 9 and requested public comment (78 FR
[[Page 35572]]
14069). On March 20, 2013, NMFS published a proposed rule for Amendment
9 and requested public comment (78 FR 17178). The proposed rule and
Amendment 9 outline the rationale for the actions contained in this
final rule. A summary of the actions implemented by this final rule is
provided below.
Management Measures Contained in This Final Rule
The management measures contained in Amendment 9 and this final
rule do not require any changes to the current regulatory text within
Sec. 622.206(a), ``South Atlantic shrimp cold weather closure.'' This
is because the current regulations refer to the FMP for the specific
criteria and procedures required to implement a concurrent closure of
the EEZ for penaeid shrimp. This final rule revises those criteria and
procedures within the FMP; however, the regulatory text does not
change.
Criteria Used to Trigger a State's Ability To Request a Concurrent
Closure of the EEZ to Penaeid Shrimp Commercial Harvest
This final rule revises the criteria that a state must meet to
request from NMFS a closure of commercial penaeid shrimp harvest in
Federal waters following severe winter weather and a closure of state
waters. Currently, a state must demonstrate at least an 80-percent
reduction in the population of overwintering white shrimp in order to
justify a closure. This rule requires that a state must demonstrate
either at least an 80-percent reduction in the population of
overwintering white shrimp, or that state water temperatures were 9
[deg]C (48[emsp14][deg]F) or less, for at least 7 consecutive days.
These revised criteria provide increased flexibility for a state to
protect the overwintering white shrimp in adjacent EEZ waters.
Process for a State To Request a Concurrent Closure of the EEZ To
Penaeid Shrimp Commercial Harvest
This final rule revises the procedures for a state to request a
closure of the penaeid shrimp commercial sector in the EEZ concurrent
with a closure of its state waters. The revised procedures allow a
state, after determining that the revised concurrent closure criteria
have been met, to submit a letter directly to the NMFS Regional
Administrator (RA) with the request and supporting data for a
concurrent closure of penaeid shrimp harvest in the EEZ adjacent to the
closed state waters. After a review of the request and supporting
information, if the RA determines the recommended closure is in
accordance with the procedures and criteria specified in the FMP and
the Magnuson-Stevens Act, NMFS would implement the closure through a
notification in the Federal Register. These revised procedures reduce
the administrative burden to the states and the Council through their
more efficient process.
Additional Management Measure Contained in Amendment 9
Amendment 9 also revises the overfished and overfishing status
determination criteria (biomass at the maximum sustainable yield
(BMSY)) for the pink shrimp stock. The BMSY proxy
is revised based on more recent Southeast Area Monitoring and
Assessment Program (SEAMAP) harvest data for pink shrimp. Specifically,
Amendment 9 revises the BMSY proxy for pink shrimp using the
lowest catch per unit effort (CPUE) value from SEAMAP during the period
1990-2011 (0.089 individuals per hectare). The Council and NMFS
determined that the pink shrimp stock size that produced the relatively
low CPUE value of 0.089 individuals per hectare does not compromise the
long-term capacity of the pink shrimp stock to achieve MSY, because the
low stock size has historically produced a biomass the following year
that is capable of achieving MSY, based on the best available science.
Comments and Responses
NMFS received two comment submissions on Amendment 9 and the
proposed rule. One letter was from an individual that expressed support
for Amendment 9 and the proposed rule and the other submission was from
a Federal agency stating that they had no comments on Amendment 9 or
the proposed rule. No other comments were received. NMFS agrees with
the individual commenter that this amendment will help protect
overwintering white shrimp.
Changes From the Proposed Rule
On April 17, 2013, NMFS published in the Federal Register an
interim final rule to reorganize the regulations in 50 CFR part 622 for
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950).
That interim final rule did not create any new rights or obligations;
it reorganized the existing regulatory requirements in the Code of
Federal Regulations into a new format. This final rule incorporates
this new format but does not change the specific regulatory measures
that were discussed in the proposed rule. As a result of this
reorganization, the shrimp cold weather closure regulatory text
previously located at Sec. 622.35(d) is now located at Sec.
622.206(a).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary to more efficiently manage the
penaeid shrimp resource, and is consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. No duplicative, overlapping, or
conflicting Federal rules have been identified. This final rule would
not establish any new reporting or record-keeping requirements.
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 is not repeated here. No comments were received regarding
this certification. As a result, a regulatory flexibility analysis was
not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 4, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-13692 Filed 6-12-13; 8:45 am]
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