Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Fishery Management Plans of the South Atlantic Region (FMPs); Addition to Framework Provisions

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622 and 640

[Docket No. 990506122-9122-01; I.D. 020899A]

RIN 0648-AL42

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;

Fishery Management Plans of the South Atlantic Region (FMPs); Addition

to Framework Provisions

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 proposes regulations to implement that portion of the

Comprehensive Amendment Addressing Sustainable Fisheries Act

Definitions and other Required Provisions in Fishery Management Plans

of the South Atlantic Region (Comprehensive Amendment) that would

modify the framework procedures in FMPs to allow addition of biomass

levels and age-structured analyses. The intended effect is to provide a

more timely mechanism for incorporating biomass levels and age-

structured analyses into those FMPs when such information becomes

available.

DATES: Written comments must be received on or before July 8, 1999.

ADDRESSES: Comments on this proposed rule or on the Regulatory Impact

Review (RIR) must be sent to the Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St. Petersburg, FL 33702.

Requests for copies of the Comprehensive Amendment, which includes

an environmental assessment, an RIR, and a social impact assessment/

fishery impact statement should be sent to the South Atlantic Fishery

Management Council, Southpark Building, One Southpark Circle, Suite

306, Charleston, SC 29407-4699; Phone: 843-571-4366; Fax: 843-769-4520;

Electronic mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-570-5305.

SUPPLEMENTARY INFORMATION: The Comprehensive Amendment addresses

fisheries under the FMPs. The FMPs were prepared by the South Atlantic

Fishery Management Council (Council) except for the coastal migratory

pelagics and spiny lobster fishery management plans that were prepared

jointly by the South Atlantic and Gulf of Mexico Fishery Management

Councils. All of these FMPs, except spiny lobster, are implemented

under the authority of the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part

622. The Fishery Management Plan for the Spiny Lobster Fishery of the

Gulf of Mexico and South Atlantic is implemented by regulations at 50

CFR part 640.

Section 303 of the Magnuson-Stevens Act requires that the Regional

Fishery Management Councils amend their FMPs to assess more

quantitatively the condition of the various managed stocks and to

rebuild stocks to achieve maximum sustainable yield (MSY). Ultimately,

this requires detailed estimates concerning the biomass of the stock

and age-structured analyses to generate the various biomass-based

[[Page 27953]]

parameters, e.g., MSY, minimum stock size threshold. The Council's

Comprehensive Amendment indicates that for all the species under the

Council's jurisdiction, information sufficient to generate these

estimates was available for only one species, black sea bass. Until

better data become available, the Council proposes that all other

species be managed using a proxy based on spawning potential ratio to

represent these biomass levels.

As better data become available for each of the managed species,

true biomass-based estimates of the stock will need to be substituted

for the current proxy values. The Council wants to ensure that there is

a timely mechanism for adding biomass levels and age-structured

analyses to FMPs as soon as possible. These proposed regulations

reflect the Comprehensive Amendment's modification of the existing

framework procedures in the Council's FMPs to allow biomass levels and

age-structured analyses to be incorporated, as soon as they are

available, through the framework process. Although the FMPs' framework

procedures refer to rulemaking, NMFS does not intend to specify biomass

levels and age-structured analyses in codified text. However, NMFS

would publish notice of the proposed changes in the Federal Register

and would solicit public comment in accordance with the FMP framework

procedure. This would allow more timely implementation while ensuring

the opportunity for adequate review and public comment.

Availability of the Comprehensive Amendment

Additional background and rationale for the measures discussed here

are contained in the Comprehensive Amendment, the availability of which

was announced in the Federal Register (64 FR 8052, February 18, 1999).

Written comments on the Comprehensive Amendment must have been received

by April 19, 1999. All comments received on the Comprehensive Amendment

or on this proposed rule during their respective comment periods will

be addressed in the preamble to the final rule.

Classification

At this time, NMFS has not determined that the Comprehensive

Amendment that this rule would implement 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 period on the

Comprehensive Amendment, as well as the administrative record.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Chief Counsel for Regulation of the Department of Commerce has

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

as follows:

The Council prepared an RIR to assess the economic effects of

the proposed Comprehensive Amendment. The RIR indicates that the

amendment is not expected to result in changes in net national

benefits because the amendment does not propose any regulatory

changes, except an adjustment to the existing framework procedure in

Council FMPs. The adjustment to the framework procedure would add

biomass levels and age-structured analyses to the list of actions

that could be implemented via the framework. With this framework

adjustment, biomass levels and age-structured analyses could be

added to the respective FMPs in a timely manner when the information

becomes available. The future addition of these two elements to FMPs

through the framework would not require any change to the

regulations. Based on the findings of the RIR, the Council and NMFS

determined that the Comprehensive Amendment will not result in a

significant economic impact on a substantial number of small

entities.

Because of this certification, preparation of an initial regulatory

flexibility analysis is not required and none was prepared.

List of Subjects

50 CFR Part 640

Fisheries, Fishing, Incorporation by reference, Reporting and

recordkeeping requirements.

50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: May 18, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR parts 622 and 640

are proposed to be amended as follows:

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. 622.48, the introductory text and paragraphs (c), (f),

(g), and (h) are revised to read as follows:

Sec. 622.48 Adjustment of management measures.

In accordance with the framework procedures of the applicable FMPs,

the RD may establish or modify the following items:

* * * * *

(c) Coastal migratory pelagic fish. For cobia or for a migratory

group of king or Spanish mackerel: Biomass levels, age-structured

analyses, MSY, overfishing level, TAC, quota (including a quota of

zero), bag limit (including a bag limit of zero), minimum size limit,

vessel trip limits, closed seasons or areas, gear restrictions (ranging

from regulation to complete prohibition), reallocation of the

commercial/recreational allocation of Atlantic group Spanish mackerel,

and permit requirements.

* * * * *

(f) South Atlantic snapper-grouper and wreckfish. For species or

species groups: Biomass levels, age-structured analyses, target dates

for rebuilding overfished species, MSY, ABC, TAC, quotas, trip limits,

bag limits, minimum sizes, gear restrictions (ranging from regulation

to complete prohibition), and seasonal or area closures.

(g) South Atlantic golden crab. Biomass levels, age-structured

analyses, MSY, ABC, TAC, quotas (including quotas equal to zero), trip

limits, minimum sizes, gear regulations and restrictions, permit

requirements, seasonal or area closures, time frame for recovery of

golden crab if overfished, fishing year (adjustment not to exceed 2

months), observer requirements, and authority for the RD to close the

fishery when a quota is reached or is projected to be reached.

(h) South Atlantic shrimp. Biomass levels, age-structured analyses,

certified BRDs and BRD specifications.

* * * * *

PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH

ATLANTIC

3. The authority citation for part 640 continues to read as

follows:

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

4. A new Sec. 640.25 is added to subpart B to read as follows:

Sec. 640.25 Adjustment of management measures.

In accordance with the framework procedure of the Fishery

Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and

South Atlantic, the RD may establish or modify the

[[Page 27954]]

following items: Biomass levels, age-structured analyses, limits on the

number of traps fished by each vessel, construction characteristics of

traps, specification of gear and vessel identification requirements,

specification of allowable or prohibited gear in a directed fishery,

specification of bycatch levels in non-directed fisheries, changes to

soak or removal periods and requirements for traps, recreational bag

and possession limits, changes in fishing seasons, limitations on use,

possession, and handling of undersized lobsters, and changes in minimum

size.

[FR Doc. 99-13084 Filed 5-21-99; 8:45 am]

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