[Federal Register: May 27, 2005 (Volume 70, Number 102)]
[Proposed Rules]
[Page 30666-30673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my05-28]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 050314071-5071-01; I.D. 030105E]
RIN 0648-AS16
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery Off the Southern Atlantic States; Amendment 6
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement Amendment 6 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 proposed rule would require an owner
or operator of a trawler that harvests or possesses brown, pink, or
white shrimp (penaeid shrimp) in or from the exclusive economic zone
(EEZ) off the southern Atlantic states to obtain a commercial vessel
permit for South Atlantic penaeid shrimp; require an owner or operator
of a vessel in the South Atlantic rock shrimp or penaeid shrimp fishery
to submit catch and effort reports and to carry an observer on selected
trips; and require bycatch reduction devices (BRDs) in nets in the rock
shrimp fishery. Amendment 6 also proposes to establish stock status
determination criteria for South Atlantic penaeid shrimp; revise the
specifications of maximum sustainable yield (MSY) and optimum yield
(OY) for South Atlantic rock shrimp; revise the stock status
determination criteria for South Atlantic rock shrimp; revise the
bycatch reduction criterion for the certification of BRDs; and transfer
from the Council to the Regional Administrator, Southeast Region, NMFS
(RA), responsibilities for the specification of the protocol for
testing BRDs. Finally, NMFS proposes to remove provisions of the
regulations applicable to other fisheries off the southern Atlantic
states that are no longer applicable and to make minor corrections. The
intended effects of this rule are to provide additional information
for, and improve the effective management of, the shrimp fisheries off
the southern Atlantic states and to correct and clarify the regulations
applicable to other southern Atlantic fisheries.
DATES: Written comments on this proposed rule must be received no later
than 5 p.m., eastern time, on July 11, 2005.
ADDRESSES: You may submit comments on the proposed rule by any of the
following methods:
E-mail: 0648-AS16.Proposed@noaa.gov. Include in the
subject line of the e-mail comment the following document identifier:
0648-AS16.
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Steve Branstetter, Southeast Regional Office, NMFS,
9721 Executive Center Drive N., St. Petersburg, FL 33702.
Fax: 727-824-5308.
Copies of Amendment 6, which includes a Final Supplemental
Environmental Impact Statement (FSEIS), an Initial Regulatory
Flexibility Analysis (IRFA), a Regulatory Impact Review, and a Social
Impact Assessment/Fishery Impact Statement, may be obtained from the
South Atlantic Fishery Management Council, One Southpark Circle, Suite
306, Charleston, SC 29407-4699; phone: 843-571-4366 or 866-SAFMC-10
(toll free); fax: 843-769-4520; e-mail: safmc@safmc.net.
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this proposed
rule may be submitted in writing to Beverly Smith at the Southeast
Regional Office address (above) and to David Rostker, OMB, by e-mail at
David_Rosker@omb.eop.gov, or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-570-
5796; fax: 727-570-5583; e-mail: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The shrimp fishery off the southern Atlantic
states is managed under the FMP. The FMP was prepared by the Council
and is implemented under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. NMFS issues this proposed rule to implement
Amendment 6 to the FMP.
Amendment 6
Penaeid Shrimp Permits
For a person aboard a trawler to fish for penaeid shrimp in the
South Atlantic EEZ or possess penaeid shrimp in or from the South
Atlantic EEZ, this rule would require that a valid commercial vessel
permit for South Atlantic penaeid shrimp be issued to the vessel and be
on board.
An owner of a vessel who desires a commercial vessel permit would
be required to obtain a permit application form from and submit it to
the RA. Information on the application form would consist of the
standard information and documentation required for commercial vessel
permits issued by the RA, as specified at 50 CFR 622.4(b)(3). There
would be no earned income or landing requirements for these permits.
Penaeid shrimp permits would be required in the fishery 120 days after
the final rule containing the requirement for permits is published.
This time period is considered adequate for vessel owners currently in
the fishery to obtain, complete, and submit applications and for the RA
to process the applications and issue permits.
As specified at 50 CFR 622.4(d), a fee would be charged for each
application for a permit or written request for replacement or transfer
of a permit. The applicable fee would be specified on the appropriate
form.
[[Page 30667]]
Information from permit applications would provide data on the
universe of trawlers in the fishery. Such data, in combination with the
proposed requirement for the submission of catch and effort reports and
the proposed requirement for vessels to carry observers, when
requested, would comprise part of the program to monitor and assess
bycatch, including protected resources, in the South Atlantic shrimp
fisheries. In addition, a known universe of permittees would enhance
the ability of fishermen to form constituencies and would contribute to
improved communication with owners and operators regarding changes to
the regulations, research, and outreach.
Vessel identification requirements apply to all vessels that have
been issued permits by the RA. Thus, a vessel that obtains a permit for
the South Atlantic penaeid shrimp fishery would be required to display
and maintain its official number in the manner prescribed at 50 CFR
622.6(a).
Recordkeeping and Reporting and Observers
This proposed rule would require owners and operators of vessels
with permits for South Atlantic rock shrimp or South Atlantic penaeid
shrimp who are selected by the Science and Research Director, Southeast
Fisheries Science Center, NMFS (SRD) to maintain and submit catch and
effort reports. Forms for such reporting would be available from the
SRD.
Similarly, this proposed rule would require owners and operators of
vessels with permits for South Atlantic rock shrimp or South Atlantic
penaeid shrimp to carry NMFS-approved observers on trips selected by
the SRD.
Information from permit applications, required reporting, and
observers would provide information necessary for effective management
of the South Atlantic shrimp fisheries. Those information sources would
also comprise part of the program to monitor and assess bycatch in the
Atlantic shrimp fisheries. NMFS would also rely on state cooperation,
specifically funded projects, and the Atlantic Coastal Cooperative
Statistics Program's Release, Discard and Protected Species Module, as
that module is implemented.
BRDs
The Council has found that the current regulations do not minimize
bycatch in the South Atlantic rock shrimp fishery to the extent
practicable, as required by the Magnuson-Stevens Act. Accordingly,
Amendment 6 and this rule would require the use of BRDs in that
fishery. BRDs are currently required when the on-board or landed catch
of penaeid shrimp by a trawler is more than 1 percent, by weight, of
all fish comprising its on-board or landed catch. Because most of the
trawlers in the South Atlantic rock shrimp fishery exceed this
criterion, they are already using BRDs. Thus, this new requirement
would impose an additional burden on few vessels.
Currently, the criterion for certification of a BRD for use in the
South Atlantic penaeid shrimp fishery is its reduction of bycatch of
Spanish mackerel and weakfish when tested under the Bycatch Reduction
Device Testing Protocol Manual. When the criterion was established,
Spanish mackerel and weakfish were overfished. These species are no
longer overfished. To better address National Standard 9 of the
Magnuson-Stevens Act regarding the minimization of bycatch, and to
support the Council's efforts to achieve an ecosystem approach in
fisheries management, the Council proposes to change the criterion. As
proposed in Amendment 6, for a new BRD to be certified, it must be
statistically demonstrated that, when tested under the Bycatch
Reduction Device Testing Protocol Manual, the BRD can reduce the total
weight of finfish by at least 30 percent. A general finfish reduction
criterion would allow more flexible testing of BRDs by not emphasizing
a particular species, would conform to the criterion currently
applicable to the shrimp fishery in the eastern Gulf of Mexico, and
would allow certification of two additional BRDs for use in the
Atlantic shrimp fisheries.
Currently, under the BRD certification framework in the FMP,
changes to the BRD testing protocol require considerable Council
action, including involvement of Council advisory panels and
committees. The Council has concluded that revisions to the BRD testing
protocol, including experimental design issues and statistical
procedures, are technical matters that can be addressed appropriately
and more efficiently within the expertise of NMFS. Thus, Council
consideration of these matters is burdensome, time consuming, and
unnecessary. Amendment 6 would revise the BRD certification framework
to remove the Council's responsibility for initiating action on these
matters and transfer that responsibility to NMFS.
Stock Status Determination Criteria
In accordance with the Magnuson-Stevens Act, the Council proposes
to establish objective and measurable criteria for identifying when
stocks are overfished and when overfishing is occurring (referred to as
stock status determination criteria). Stock status determination
criteria consist of a maximum fishing mortality threshold (MFMT) (the
level beyond which overfishing is considered to exist) and a minimum
stock size threshold (MSST) (the level below which a stock is
considered to be overfished). Accordingly, Amendment 6 proposes such
criteria as follows.
South Atlantic Penaeid Shrimp
Based on the established values of MSY and OY for brown, pink, and
white shrimp, the Council proposes as MFMT a fishing mortality rate
that diminishes the stock below the stock abundance that will produce
MSY (BMSY) for two consecutive years, and proposes as MSST
two thresholds: (1) a diminution to [frac1s2] BMSY in one
year, or (2) a diminution below BMSY for two consecutive
years. In addition, white shrimp would be considered overfished when
the overwintering white shrimp population in a state's waters declines
by 80 percent or more following a severe winter that results in
prolonged cold water temperatures. A proxy for BMSY would be
established for each species as follows:
Brown shrimp - 2.000 individuals per hectare.
Pink shrimp - 0.461 individuals per hectare.
White shrimp - 5.868 individuals per hectare.
These proxies are based on the lowest values that produced catches
meeting MSY in the following year, as determined using catch per unit
of effort information in the 1990-2003 time period.
Rock Shrimp
The Council proposes to revise MSY and OY for rock shrimp so that
MSY equals OY and is 4,912,927 lb (2,228,466 kg), heads on, which is
the mean total landings of South Atlantic rock shrimp for the period
1986 through 2000. The Council also proposes as MFMT a fishing
mortality rate that would lead to annual landings larger than two
standard deviations above MSY (14,687,774 lb (6,662,262 kg), heads on)
for two consecutive years and as MSST a stock size less than [frac1s2]
BMSY for two consecutive years. While data are not currently
available to precisely estimate BMSY, improved data
collection, as addressed in Amendment 6, is expected to lead to the
ability to specify BMSY or an appropriate proxy.
Availability of Amendment 6
Additional background and rationale for the measures discussed
above are
[[Page 30668]]
contained in Amendment 6. The availability of Amendment 6 was announced
in the Federal Register on March 7, 2005 (70 FR 10931). Written
comments on Amendment 6 must be received by May 6, 2005. All comments
received on Amendment 6 or on this proposed rule during their
respective comment periods will be addressed in the preamble to the
final rule.
Additional Measures Proposed by NMFS
As general housekeeping changes, NMFS proposes to make a minor
correction and remove regulatory language that is no longer applicable,
as follows:
1. In Sec. 622.4 paragraph (a)(2)(viii)(B) and in Sec. 622.9
paragraph (a), effective date language is no longer applicable and
would be removed.
2. In Sec. 622.4 paragraph (r)(12) explains the requirements and
procedures for obtaining an initial charter vessel/headboat permit for
South Atlantic coastal migratory pelagic fish. Since these initial
procedures have been completed, paragraph (r)(12) would be deleted.
3. In Sec. 622.7 paragraph (cc), in the prohibition regarding the
required use of permitted operators, the references would be corrected
to include all pertinent paragraphs of the regulatory text.
4. In Sec. 622.17 paragraph (a), the provisions for additional
permits in the southern zone in the South Atlantic golden crab fishery
under the controlled access system have expired and would be removed.
5. Under Sec. Sec. 622.18 and 622.19, all initial permits for the
South Atlantic snapper-grouper fishery and the South Atlantic rock
shrimp fishery under their limited access systems have been issued.
Accordingly, language regarding initial eligibility and applications
would be removed.
6. In Table 4 of Appendix A to Part 622, the listing of South
Atlantic snapper-grouper species combines sea basses and groupers under
Serranidae. Although both sea basses and groupers are Serranidae,
management measures distinguish between them. Accordingly, this rule
would separate the Serranidae into Serranidae--Groupers and
Serranidae--Sea Basses.
7. At various locations in 50 CFR part 622, ``jewfish'' would be
changed to ``goliath grouper'' to conform to the current name for that
fish.
Classification
At this time, NMFS has not determined that Amendment 6 is
consistent with the national standards of the Magnuson-Stevens Act and
other applicable laws. NMFS, in making that determination, will take
into account the data, views, and comments received during the comment
periods on Amendment 6 and this proposed rule.
This proposed rule has been determined to be significant for
purposes of Executive Order 12866.
The Council prepared an FSEIS for Amendment 6; a notice of
availability was published on March 25, 2005 (70 FR 15316). The FSEIS
evaluates the environmental effects of a number of actions proposed to
improve the conservation and management of shrimp stocks. The analysis
indicates the preferred alternatives will benefit the quality of the
human environment over the long term by simplifying the administrative
process associated with approving new bycatch reduction devices,
advancing understanding of bycatch and fishery participants, and
providing reference points to use in evaluating stock status and
fishery performance.
NMFS prepared an IRFA, as required by section 603 of the Regulatory
Flexibility Act, for this proposed rule. The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action are contained at the beginning of this
section in the preamble and in the SUMMARY section of the preamble. A
summary of the IRFA follows.
To satisfy the requirements of the Magnuson-Stevens Act, the
Council has proposed eight actions to amend the Shrimp Fishery
Management Plan of the South Atlantic Region. These actions are
intended to improve the identification and quantification of bycatch
from brown, pink, or white shrimp (penaeid shrimp) and rock shrimp
trawls; improve the identification and quantification of the known
universe of penaeid shrimp vessels; reduce the bycatch from rock shrimp
trawls; promote the use of more effective BRDs by amending the BRD
framework system; and establish status determination criteria, or
proxies thereof, as necessary, for penaeid and rock shrimp stocks.
This proposed rule would: (1) require an owner or operator of a
trawler that harvests or possesses penaeid shrimp in or from the EEZ
off the southern Atlantic states to obtain a commercial vessel permit
for South Atlantic penaeid shrimp; (2) require an owner or operator of
a vessel in the South Atlantic rock shrimp or penaeid shrimp fishery to
submit catch and effort reports and to carry an observer on selected
trips; and (3) require BRDs in nets in the rock shrimp fishery. In
addition, Amendment 6 would establish stock status determination
criteria for South Atlantic penaeid shrimp; revise the specifications
of maximum sustainable yield and optimum yield for South Atlantic rock
shrimp; revise the stock status determination criteria for South
Atlantic rock shrimp; revise the bycatch reduction criterion for the
certification of BRDs; and transfer from the Council to the Regional
Administrator, Southeast Region, NMFS (RA), responsibilities for the
specification of the protocol for testing BRDs. NMFS also proposes to
remove provisions of the regulations applicable to other fisheries off
the southern Atlantic states that are no longer applicable, and
proposes to make minor corrections. The intended effects of this rule
are to provide additional information for, and otherwise improve the
effective management of, the shrimp fisheries off the southern Atlantic
states, and to correct and clarify the regulations applicable to other
southern Atlantic fisheries. The Magnuson-Stevens Act, as amended,
provides the legal basis for the rule.
The proposed rule would require that any trawler fishing for or in
possession of penaeid shrimp in or from Federal waters be required to
possess a Federal penaeid shrimp permit and to provide the information
specified on the permit application. Selected vessels would also have
to complete logbook forms at the end of each trip. The information
required for the permit application and logbook are standard
information and data elements necessary for the routine operation of a
fishing business and are not expected to impose any special reporting
or recordkeeping requirements.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The measures in this proposed rule would apply to the commercial
harvesting sector active in the penaeid and rock shrimp fisheries in
the South Atlantic. The Small Business Administration defines a small
business that engages in commercial fishing as a firm that is
independently owned and operated, is not dominant in its field of
operation, and has annual receipts up to $3.5 million per year.
It is estimated that there were at least 2,129, 1,835, and 1,731
commercial entities harvesting shrimp in the South Atlantic during
2000, 2001, and 2002, respectively. The average annual gross revenue
per vessel from all commercial fishing activities by these vessels for
2000-2002 is estimated to be $76,879,
[[Page 30669]]
$67,706, and $66,853, respectively. The rock shrimp fishery is a sub-
sector of the shrimp fishery. The number of active vessels in this
sector was 182, 159, and 148 for 2000-2002, respectively. Since July
2003, a limited access rock shrimp endorsement has been required
onboard a vessel to fish for or possess rock shrimp in the South
Atlantic EEZ off Georgia and Florida. To date, 145 limited access
endorsements have been issued. The average revenue per rock shrimp
vessel from 2000-2002 is estimated to be $241,079, $239,861, and
$192,502, respectively. The highest gross revenue observed for a single
vessel in the shrimp fishery during 2000-2002, regardless of species
focus, did not exceed $1.0 million. There are insufficient data
regarding potential ownership affiliation between vessels to identify
whether an individual entity controlled sufficient numbers of vessels
to achieve large entity status. Therefore, it is assumed that each
vessel represents a separate business entity and, based on the revenue
profiles provided above, all entities in the South Atlantic shrimp
fishery are assumed to be small entities.
The proposed actions to implement a Federal penaeid shrimp permit
program, require logbook reporting, and require the use of BRDs on the
rock shrimp vessels are expected to have direct impacts on the entities
that participate in these fisheries. All the other proposed actions are
either administrative or establish fishery benchmark criteria that
would not directly affect fishery participants.
The requirement for permits in the penaeid shrimp fishery is
expected to affect 1,380 to 1,898 vessels. The lower bound assumes that
only those commercial shrimp vessels that operate in state offshore and
Federal waters in the South Atlantic would apply for the permit, and is
the average number of vessels estimated to operate in these waters per
year during 2000-2002. The upper bound assumes that all commercial
shrimp vessels that operate in the South Atlantic, regardless of
whether they typically fish in inshore or offshore waters, would apply
for the permit, and is the average number of vessels estimated to
operate per year during 2000-2002. It is expected that all rock shrimp
vessels would apply for the penaeid shrimp permit, and the estimates
include these vessels. The cost of the penaeid shrimp permit would be
either $50 or $20, depending upon whether the permit is the only permit
held by the vessel, therefore costing $50, or whether it represents an
additional permit, thus costing only $20. Since all vessels operating
in the rock shrimp fishery are currently already required to have a
rock shrimp permit, the penaeid shrimp permit would cost only $20 for
these vessels.
Under the proposed rule, a sample of vessels that are issued the
Federal penaeid shrimp permit would be selected for reporting through a
logbook program. The sample size has not been determined and, hence, it
is unknown how many small entities would have to comply with this new
reporting requirement. A final logbook form for this fishery has not
been developed. Potential data elements would be expected to include,
but not necessarily be limited to, vessel name, vessel identifier,
number of nets, type of net, size of net, type of bycatch reduction
device, number of tows, length of tows (in hours), location of tow
(either in terms of latitude and longitude or statistical area and
depth), and an estimate of catch. The logbook would be completed on a
daily basis. Completion of the logbook is estimated to take 10 minutes
per daily form. Based on data from the Florida trip ticket program, the
average east coast shrimp vessel averages 61.5 fishing days per year.
At 10 minutes per day to complete the logbook, the average annual
reporting burden per vessel would be 615 minutes, or 10.25 hours. Using
the average wage of first line supervisors/managers in the fishing,
forestry, and farming industries from the Bureau of Labor Statistics,
$18.14, the average annual opportunity cost per vessel for logbook
reporting would be approximately $185.94 ($18.14/hour X 10.25 hours).
Completion of the form is not expected to adversely affect other trip
or maintenance activities.
The proposed action to require BRDs in the rock shrimp fishery is
expected to affect the profitability of an estimated 43 vessels, or
approximately 30 percent of this sub-sector of the shrimp fishery. The
other vessels in this sub-sector are assumed to already utilize BRDs
due to their concurrent participation in the penaeid shrimp fishery,
which already requires the use of BRDs if the proportion of penaeid
shrimp exceeds 1 percent. The use of BRDs is estimated to result in a
maximum of 3 percent shrimp loss on rock shrimp trips. This amounts to
a reduction of $1,382 in gross revenue per vessel, or 0.6 percent
reduction in revenue per affected vessel in the rock shrimp fishery.
The determination of significant economic impact can be ascertained
by examining two issues: disproportionality and profitability. The
disproportionality question is: Will the regulations place a
substantial number of small entities at a significant competitive
disadvantage to large entities? All entities participating in the
respective shrimp fisheries are considered small entities, so the issue
of disproportionality does not arise. However, there is a high degree
of diversity among the vessels in the shrimp fleet in terms of vessel
length, and variation in overall gross fishing income, vessel operating
and fixed costs, and dependence on income from shrimp harvest are all
related to vessel length. Nevertheless, as discussed below, the costs
of the proposed actions are not expected to be great enough to affect
competitive advantage.
The profitability question is: Do the regulations significantly
reduce profit for a substantial number of small entities? The current
profitability of vessels in the commercial shrimp fishery that are
likely to be affected by the measures in this amendment is unknown.
Existing studies on the shrimp fleet in the South Atlantic are dated
and not reflective of the current conditions in this fishery. Imports
have had a substantial negative effect on the profitability of vessels
in the domestic shrimp industry since the 1990s. A study on the penaeid
shrimp fishery off South Carolina during 1999 indicated that many
vessels were operating on break-even levels of activity. This fishery
was classified into three operational size categories based on
differences in operating costs, profit margins, and ability of the
vessel owner to make input substitutions. Small vessels (less than 30
ft (9 m)) had an average annual profitability of $2,533, medium vessels
$10,086, and large vessels $8,639. It is not known whether these data
were representative of the shrimp fleet in the other South Atlantic
states. Regardless, current profit margins are expected to be lower as
a result of the decline in prices since 1999 and increases in fuel
prices and other input costs.
The average annual revenue from all commercial fishing activities
for shrimp vessels operating in the South Atlantic during 2000-2002
ranged from $70,749 for vessels that fished in either or both inshore
and offshore waters to $81,362 for vessels that operated only in
offshore waters. The annual cost of a permit would be only $50 if the
vessel obtained a single permit, or $20 if the vessel possessed
multiple permits and thus would represent a small additional
operational cost. A time burden would also be imposed in order to
complete the permit application form. This time burden is estimated to
be 0.33 hours per application, with an opportunity cost of
approximately $6. There would not, however, be any additional actual
expenditures other than to cover
[[Page 30670]]
postage. The burden associated with logbook reporting is similarly a
time cost, estimated to have an opportunity cost of $185.94 per vessel,
as discussed above, and is not expected to adversely affect operation
or productivity of the vessel and, thus, not impose any direct
financial costs.
The proposed BRD requirement for the rock shrimp sector is expected
to impact those vessels that do not currently utilize BRDs. As
previously stated, it is estimated that the majority of vessels in this
fishery currently have BRDs, but that an estimated 43 vessels would be
affected by the proposed action. The estimated cost of the BRD-induced
shrimp loss is $1,382 in gross revenue per vessel, or a 0.6 percent
reduction in revenue per affected vessel. Additionally, BRDs are
estimated to cost $20-$100 each, or $80-$400 per vessel since most rock
shrimp vessels pull four nets. Combining the revenue loss ($1,382) and
penaeid shrimp permit cost ($20 since the vessel would already have the
rock shrimp permit), and assuming the maximum BRD cost ($400), these 43
rock shrimp vessels would be expected to incur $1,802 in reduced
revenues or increased costs, an amount less than 1 percent of average
annual revenues. It should be noted, however, that ex-vessel shrimp
price reductions and fuel price increases since 2002 have substantially
reduced the profitability of shrimp vessels, thereby increasing the
potential net impact of the BRD requirements of the proposed action.
Three alternatives were considered to the proposed action to
require a penaeid shrimp permit. The status quo alternative would not
require a permit and, therefore, would eliminate all costs associated
with the permit. This alternative, however, would not meet the
Council's objective of allowing for the efficient and accurate
identification of vessels in the shrimp fishery, and the indirect
economic benefits from better data collection and management would not
be realized. Two alternatives to the proposed action would require
shrimp trawlers to purchase a Federal penaeid shrimp permit, like the
proposed action, but would allow exemptions for vessels in transit with
properly stowed gear. These two alternatives, however, differ in the
qualification requirements, one alternative granting a permit for
anyone who applied, as would the proposed action, while the other
alternative would require documentation of a state permit. Neither of
these alternatives would reduce the costs to those who operate in the
South Atlantic fishery but would eliminate the additional permit cost
for vessels that operate outside the region and wish only to transit or
land shrimp in the South Atlantic. Both alternatives, however, would
produce law enforcement loopholes that could lower compliance rates,
thus jeopardizing the expected benefits of the proposed action and
failing to meet the Council's objectives.
Three alternatives were considered to the proposed logbook
requirement. The status quo alternative would not support the
collection of necessary bycatch information and would not, therefore,
meet the Council's objectives. The remaining two alternatives would
impose time costs on the fishery participants comparable to those of
the proposed action and, thus, would not lessen the impact on the small
business entities. The proposed action, however, would provide a more
systematic interim data collection approach until the more
comprehensive Atlantic coast-wide bycatch program developed by the
Atlantic Coastal Cooperative Statistics Program is funded and
implemented.
Four alternatives were considered to the proposed BRD requirement
for rock shrimp vessels. The no action alternative would not provide
any reduction in bycatch and would not, therefore, meet the Council's
objectives. The remaining three alternatives would impose seasonal
closures (fall, winter, or summer) to address the bycatch problem. Each
of these alternatives would result in greater economic losses than the
proposed action, ranging from a $5,901 reduction in gross revenues per
vessel per year for a winter closure to $42,363 for a summer closure,
compared to an estimated maximum loss of $1,382 under the proposed BRD
requirement. The projected losses under the summer and fall closures
would likely be sufficiently great to force some vessels to exit the
industry. While seasonal closures would likely result in larger total
bycatch reductions than the proposed action, the proposed action better
meets the Council's objectives while minimizing the social and economic
consequences.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA), unless that collection of
information displays a currently valid Office of Management and Budget
(OMB) control number.
This proposed rule contains collection-of-information requirements
subject to the PRA applicable to vessels in the South Atlantic shrimp
fishery--namely, requirements for: (1) submission of applications for
commercial vessel permits for the penaeid shrimp fishery; (2)
identification of such permitted vessels, i.e., vessel marking
requirements; (3) submission of logbooks by permitted vessels in the
rock shrimp and penaeid shrimp fisheries; (4) notification of vessel
trips in the rock shrimp and penaeid shrimp fisheries related to vessel
observers; and (5) applications for testing proposed bycatch reduction
devices, conducting such tests, and reporting the results of tests, as
prescribed by the Bycatch Reduction Device Testing Protocol Manual.
These requirements have been submitted to OMB for approval. The public
reporting burdens for these collections of information are estimated to
average 20 minutes per response for each permit application, 45 minutes
for each vessel to be identified, 10 minutes for each logbook
submission, 5 minutes for each notification of a vessel trip, and 186
hours per respondent for the requirements prescribed by the Bycatch
Reduction Device Testing Protocol Manual. These estimates of the public
reporting burdens include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collections of information.
Public comment is sought regarding: whether these proposed collections
of information are necessary for the proper performance of the
functions of the agency, including whether the information will have
practical utility; the accuracy of the burden estimates; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collections of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments
regarding the burden estimates or any other aspect of the collection-
of-information requirements, including suggestions for reducing the
burden, to NMFS and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 23, 2005.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
[[Page 30671]]
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.2, the definition of ``Penaeid shrimp trawler'' is
revised and the definition of ``Penaeid shrimp'' is added in
alphabetical order to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Penaeid shrimp means one or more of the following species, or a
part thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) Pink shrimp, Farfantepenaeus duorarum.
(3) White shrimp, Litopenaeus setiferus.
Penaeid shrimp trawler means any vessel that is equipped with one
or more trawl nets whose on-board or landed catch of penaeid shrimp is
more than 1 percent, by weight, of all fish comprising its on-board or
landed catch.
* * * * *
3. In Sec. 622.4, in the first sentence of paragraph
(a)(2)(viii)(B), the phrase ``effective July 15, 2003,'' is removed;
paragraph (r)(12) is removed; and paragraph (a)(2)(xiii) is added to
read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(xiii) South Atlantic penaeid shrimp. For a person aboard a trawler
to fish for penaeid shrimp in the South Atlantic EEZ or possess penaeid
shrimp in or from the South Atlantic EEZ, a valid commercial vessel
permit for South Atlantic penaeid shrimp must have been issued to the
vessel and must be on board.
* * * * *
4. In Sec. 622.5, the first sentence of paragraph (a)(2)(i) is
revised and paragraph (a)(1)(vii) is added to read as follows:
Sec. 622.5 Recordkeeping and reporting.
* * * * *
(a) * * *
(1) * * *
(vii) South Atlantic rock or penaeid shrimp. The owner or operator
of a vessel for which a commercial permit for South Atlantic rock
shrimp or South Atlantic penaeid shrimp has been issued, as required
under Sec. 622.4(a)(2)(viii) or (xiii), respectively, or whose vessel
fishes for or lands South Atlantic rock shrimp or South Atlantic
penaeid shrimp in or from state waters adjoining the Atlantic EEZ, who
is selected to report by the SRD must maintain a fishing record on a
form available from the SRD and must submit such record as specified in
paragraph (a)(2) of this section.
(2) * * *
(i) Completed fishing records required by paragraphs (a)(1)(i),
(ii), (iv), (vi), and (vii) of this section must be submitted to the
SRD postmarked not later than 7 days after the end of each fishing
trip. * * *
* * * * *
5. In Sec. 622.7, paragraphs (aa) and (cc) are revised to read as
follows:
Sec. 622.7 Prohibitions.
* * * * *
(aa) Falsify information submitted regarding an application for
testing a BRD or regarding testing of a BRD, as specified in Sec. Sec.
622.41(g)(3)(i) or (h)(3).
* * * * *
(cc) Operate or own a vessel that is required to have a permitted
operator aboard when the vessel is at sea or offloading without such
operator aboard, as specified in Sec. 622.4(a)(5)(i) through (iv).
* * * * *
6. In Sec. 622.8, paragraph (a)(3) is added to read as follows:
Sec. 622.8 At-sea observer coverage.
(a) * * *
(3) South Atlantic rock or penaeid shrimp. A vessel for which a
Federal commercial permit for South Atlantic rock shrimp or South
Atlantic penaeid shrimp has been issued must carry a NMFS-approved
observer, if the vessel's trip is selected by the SRD for observer
coverage.
* * * * *
7. In Sec. 622.9, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 622.9 Vessel monitoring systems (VMSs).
(a) Requirement for use. An owner or operator of a vessel that has
been issued a limited access endorsement for South Atlantic rock shrimp
must ensure that such vessel has a NMFS-approved, operating VMS on
board when on a trip in the South Atlantic. * * *
* * * * *
8. In Sec. 622.17, paragraph (a) is revised to read as follows:
Sec. 622.17 South Atlantic golden crab controlled access.
(a) General. In accordance with the procedures specified in the
Fishery Management Plan for the Golden Crab Fishery of the South
Atlantic Region, initial commercial vessel permits have been issued for
the fishery. All permits in the fishery are issued on a fishing-year
(calendar-year) basis. No additional permits may be issued except for
the northern zone as follows:
(1) The RA will issue up to two new vessel permits for the northern
zone. Selection will be made from the list of historical participants
in the South Atlantic golden crab fishery. Such list was used at the
October 1995 meeting of the South Atlantic Fishery Management Council
and was prioritized based on pounds of golden crab landed, without
reference to a specific zone. Individuals on the list who originally
received permits will be deleted from the list.
(2) The RA will offer in writing an opportunity to apply for a
permit for the northern zone to the individuals highest on the list
until two individuals accept and apply in a timely manner. An offer
that is not accepted within 30 days after it is received will no longer
be valid.
(3) An application for a permit from an individual who accepts the
RA's offer must be received by the RA no later than 30 days after the
date of the individual's acceptance. Application forms are available
from the RA.
(4) A vessel permit for the northern zone issued under paragraph
(a)(1) of this section, and any successor permit, may not be changed to
another zone. A successor permit includes a permit issued to that
vessel for a subsequent owner and a permit issued via transfer from
that vessel to another vessel.
* * * * *
9. Sec. 622.18 is revised to read as follows:
Sec. 622.18 South Atlantic snapper-grouper limited access.
(a) General. The only valid commercial vessel permits for South
Atlantic snapper-grouper are those that have been issued under the
limited access criteria specified in the Fishery Management Plan for
the Snapper-Grouper Fishery of the South Atlantic Region. A commercial
vessel permit for South Atlantic snapper-grouper is either a
transferable commercial permit or a trip-limited commercial permit.
(b) Transfers of permits. A snapper-grouper limited access permit
is valid only for the vessel and owner named on the permit. To change
either the vessel or the owner, an application for transfer must be
submitted to the RA.
(1) Transferable permits. (i) An owner of a vessel with a
transferable permit may request that the RA transfer the permit to
another vessel owned by the same entity.
[[Page 30672]]
(ii) A transferable permit may be transferred upon a change of
ownership of a permitted vessel with such permit from one to another of
the following: husband, wife, son, daughter, brother, sister, mother,
or father.
(iii) Except as provided in paragraphs (b)(1)(i) and (ii) of this
section, a person desiring to acquire a limited access, transferable
permit for South Atlantic snapper-grouper must obtain and exchange two
such permits for one new permit.
(iv) A transfer of a permit that is undertaken under paragraph
(b)(1)(ii) of this section will constitute a transfer of the vessel's
entire catch history to the new owner.
(2) Trip-limited permits. An owner of a vessel with a trip- limited
permit may request that the RA transfer the permit to another vessel
owned by the same entity.
(c) Renewal. NMFS will not reissue a commercial vessel permit for
South Atlantic snapper-grouper if the permit is revoked or if the RA
does not receive an application for renewal within 60 days of the
permit's expiration date.
10. Sec. 622.19 is revised to read as follows:
Sec. 622.19 South Atlantic rock shrimp limited access.
(a) Applicability. For a person aboard a vessel to fish for rock
shrimp in the South Atlantic EEZ off Georgia or off Florida or possess
rock shrimp in or from the South Atlantic EEZ off Georgia or off
Florida, a limited access endorsement for South Atlantic rock shrimp
must be issued to the vessel and must be on board.
(b) Transfer of an endorsement. A limited access endorsement for
South Atlantic rock shrimp is valid only for the vessel and owner named
on the permit/endorsement. To change either the vessel or the owner, an
application for transfer must be submitted to the RA. An owner of a
vessel with an endorsement may request that the RA transfer the
endorsement to another vessel owned by the same entity, to the same
vessel owned by another entity, or to another vessel with another
owner. A transfer of an endorsement under this paragraph will include
the transfer of the vessel's entire catch history of South Atlantic
rock shrimp to a new owner; no partial transfers are allowed.
(c) Renewal. The RA will not reissue a limited access endorsement
for South Atlantic rock shrimp if the endorsement is revoked or if the
RA does not receive a complete application for renewal of the
endorsement within 1 year after the endorsement's expiration date.
(d) Non-renewal of inactive endorsements. In addition to the
sanctions and denials specified in Sec. 622.4(j)(1), a limited access
endorsement for South Atlantic rock shrimp that is inactive for a
period of 4 consecutive calendar years will not be renewed. For the
purpose of this paragraph, ``inactive'' means that the vessel with the
endorsement has not landed at least 15,000 lb (6,804 kg) of rock shrimp
from the South Atlantic EEZ in a calendar year.
(e) Reissuance of non-renewed permits. A permit that is not renewed
under paragraph (d) of this section will be made available to a vessel
owner randomly selected from a list of owners who had documented
landings of rock shrimp from the South Atlantic EEZ prior to 1996 but
who did not qualify for an initial limited access endorsement. Owners'
names have been placed on the list in accordance with the procedures
specified in the FMP for the Shrimp Fishery of the South Atlantic
Region.
11. In Sec. 622.41, paragraph (g) is revised to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(g) Rock and penaeid shrimp in the South Atlantic--(1) BRD
requirements. Except as exempted in paragraph (g)(4) of this section,
BRDs are required as follows:
(i) On a penaeid shrimp trawler in the South Atlantic EEZ, each
trawl net that is rigged for fishing and has a mesh size less than 2.50
inches (6.35 cm), as measured between the centers of opposite knots
when pulled taut, and each try net that is rigged for fishing and has a
headrope length longer than 16.0 ft (4.9 m), must have a certified BRD
installed.
(ii) On a vessel that fishes for or possesses rock shrimp in the
South Atlantic EEZ, each trawl net or try net that is rigged for
fishing must have a certified BRD installed.
(iii) A trawl net or try net is rigged for fishing if it is in the
water, or if it is shackled, tied, or otherwise connected to a sled,
door, or other device that spreads the net, or to a tow rope, cable,
pole, or extension, either on board or attached to a shrimp trawler.
(2) Certified BRDs. The following BRDs are certified for use in the
South Atlantic EEZ. Specifications of these certified BRDs are
contained in Appendix D of this part.
(i) Extended funnel.
(ii) Expanded mesh.
(iii) Fisheye.
(iv) Gulf fisheye.
(v) Jones-Davis.
(3) Certification of additional BRDs. (i) A person who proposes a
BRD for certification for use in the South Atlantic 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 Protocol Manual, which is available from the RA upon request.
(ii) For a new BRD to be certified, it must be statistically
demonstrated that in testing under the Bycatch Reduction Device Testing
Protocol Manual the BRD can reduce the total weight of finfish taken as
bycatch by at least 30 percent.
(iii) If a BRD meets the certification criterion, as determined
under the testing protocol, NMFS will publish a notice in the Federal
Register adding the BRD to the list of certified BRDs in paragraph
(g)(2) of this section and providing the specifications for the newly
certified BRD, including any special conditions deemed appropriate
based on the certification testing results.
(4) Limited exemption. A rock or penaeid shrimp trawler that is
authorized by the RA to test a BRD in the EEZ for possible
certification, has such written authorization on board, and is
conducting such test in accordance with the Bycatch Reduction Device
Testing Protocol Manual is granted a limited exemption from the BRD
requirement specified in paragraph (g)(1) of this section. The
exemption from the BRD requirement is limited to those trawls that are
being used in the certification trials. All other trawls rigged for
fishing must be equipped with certified BRDs.
* * * * *
12. In Table 4 of Appendix A to Part 622--South Atlantic Snapper-
Grouper, the heading and species listed under Serranidae--Sea Basses
and Groupers are revised to read as follows:
Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
* * * * * * *
Serranidae--Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
[[Page 30673]]
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Tiger grouper, Mycteroperca tigris
Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
* * * * * * *
PART 622--[AMENDED]
13. In part 622, revise all references to ``jewfish'' to read
``goliath grouper''.
[FR Doc. 05-10671 Filed 5-26-05; 8:45 am]
BILLING CODE 3510-22-S