Shrimp Fishery of the Gulf of Mexico; Amendment 8

DEPARTMENT OF COMMERCE

50 CFR Part 658

[Docket No. 951013251-5251-01; I.D. 091295B]

RIN 0648-AH72

Shrimp Fishery of the Gulf of Mexico; Amendment 8

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

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ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 8 to the

Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico

(FMP). Amendment 8 and this proposed rule would establish a revised FMP

framework rulemaking procedure for establishing or modifying certain

management measures applicable to the fishery for royal red shrimp in

the Gulf of Mexico exclusive economic zone (EEZ). The intended effect

of this measure is to allow more timely implementation of management

measures.

DATES: Written comments must be received on or before December 4, 1995.

ADDRESSES: Comments on the proposed rule must be sent to Michael E.

Justen, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.

Requests for copies of Amendment 8, which includes a regulatory impact

review (RIR) and an environmental assessment (EA), should be sent to

the Gulf of Mexico Fishery Management Council, 5401 West Kennedy

Boulevard, Suite 331, Tampa, FL 33609.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.

SUPPLEMENTARY INFORMATION: The shrimp fishery of the Gulf of Mexico is

managed under the FMP. The FMP was prepared by the Gulf of Mexico

Fishery Management Council (Council) and is implemented through

regulations at 50 CFR part 658 under the authority of the Magnuson

Fishery Conservation and Management Act (Magnuson Act).

Amendment 8 would replace the framework rulemaking procedure

adopted under Amendment 7 with a new procedure for establishing or

modifying the maximum sustainable yield (MSY), optimum yield (OY), and

total allowable catch (TAC) for royal red shrimp harvested from the EEZ

of the Gulf of Mexico. Under the proposed procedure, the Council's

shrimp stock assessment panel (SAP) would, at least biennially, assess

the condition of the royal red shrimp resource. The SAP would prepare a

report to the Council with recommendations for TAC and MSY for royal

red shrimp. The Council would hold at least one public hearing to

receive comments on the SAP's report. Prior to taking final action, the

Council would convene the Socioeconomic Panel, Scientific and

Statistical Committee, and may convene the Shrimp Advisory Panel to

provide advice. After considering the recommendations of these advisors

and information received at the public hearing, the Council would

determine any necessary changes to MSY, OY and TAC for royal red

shrimp.

If the Council concluded that changes to MSY, OY, or TAC are

needed, the Council would make recommendations, in writing, to the

Director, Southeast Region, NMFS (Regional Director). The Council's

recommendations, in the form of a regulatory amendment, would be

accompanied by the SAP's report, relevant background material, draft

regulations, an RIR, an EA, and a summary of information received at

the public hearing. The Council's recommendations would be submitted to

the Regional Director at least 60 days prior to the desired

implementation date. The Regional Director would review the Council's

recommendations, supporting material, and other relevant information.

If the Regional Director concluded preliminarily that the Council's

recommendations were consistent with the goals and objectives of the

FMP, the national standards of the Magnuson Act, other applicable law,

and the framework procedure, the Regional Director would recommend that

NMFS publish the changes as a proposed rule in the Federal Register. If

the Regional Director rejected the proposed measures, he or she would

provide written reasons to the Council for the rejection, and existing

regulations would remain in effect pending subsequent action. The

public comment period on any proposed rule would be not less than 15

days. After consideration of public comments, NMFS action on the

proposed changes would be published in the Federal Register.

Appropriate management measures that could be implemented or adjusted

by NMFS under this framework procedure would include MSY, OY, and TAC

for royal red shrimp.

This framework rulemaking procedure, which replaces that approved

for Amendment 7, would authorize the Council to recommend, and NMFS to

approve and implement, a TAC for royal red shrimp no higher than MSY

plus 30 percent for a test period of up to 2 consecutive years. During

this test period, NMFS would monitor the fishery, acquire catch,

effort, and other relevant data, and prepare a report on the status of

the fishery for the Council.

A test period of fishing in excess of the current MSY is needed to

determine the resiliency of the royal red shrimp stock to higher levels

of fishing and, thus, the appropriate MSY. While the MSY of royal red

shrimp is currently 392,000 lb (77,808 kg) of tails, the potential

productivity of the resource is not known because of a lack of fishing

effort. A moderate, temporary increase in TAC over MSY should provide

the data necessary for significantly improving the MSY estimate without

endangering the resource. At the end of the test period, the increased

TAC (equal to MSY plus 30 percent) would expire and the TAC would

revert to its current level while the Council completed its analysis of

information obtained during the test period. If the Council has

sufficient information from the test period, it may revise its estimate

of MSY; in that case, it would establish a new TAC based on the new MSY

and request that the Regional Director implement these revised measures

through the framework rulemaking procedure (involving publication of

proposed and final rules). If the Council determines that a two year

test period has not provided sufficient information for revising MSY

and TAC, it may recommend to the Regional Director that he set TAC no

higher than MSY plus 30 percent for another two year test period. Under

the Amendment 8 framework procedure, MSY and TAC may be revised upwards

or downwards based on information from the fishing test periods until

the Council and its advisory panels determine that the MSY and TAC are

set at the appropriate long-term levels.

Additional background and rationale for the proposed framework

rulemaking procedure discussed above are contained in Amendment 8, the

availability of which was announced in the Federal Register on

September 19, 1995, (60 FR 48497).

Classification

Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish

regulations proposed by a council within 15 days of receipt of an

amendment and regulations. At this time, NMFS has not determined that

Amendment 8 is consistent with the national standards, other provisions

of the Magnuson Act, and other applicable law. NMFS, in making that

determination, will take into account the data, views, and comments

received during the comment period.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities

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because it merely establishes a framework procedure for implementing

future management measures. Determinations of economic impact on small

entities would be made for such management measures as are proposed

under the framework procedure. As a result, a regulatory flexibility

analysis was not prepared.

List of Subjects in 50 CFR Part 658

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: October 20, 1995.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 658 is

proposed to be amended as follows:

PART 658--SHRIMP FISHERY OF THE GULF OF MEXICO

1. The authority citation for part 658 continues to read as

follows:

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

2. A new Sec. 658.29 is added to read as follows:

Sec. 658.29 Adjustment of management measures.

In accordance with the procedures and limitations of the Fishery

Management Plan for the Shrimp Fishery of the Gulf of Mexico, the

Regional Director may establish or modify the maximum sustainable

yield, optimum yield, and total allowable catch for royal red shrimp.

[FR Doc. 95-26468 Filed 10-20-95; 2:24 pm]

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