Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Essential Fish Habitat (EFH) for Species in the South Atlantic; Amendment 4 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP)

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990621165-9165-01; I.D. 022599A]

RIN 0648-AL43

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

Essential Fish Habitat (EFH) for Species in the South Atlantic;

Amendment 4 to the Fishery Management Plan for Coral, Coral Reefs, and

Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP)

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Supplement to the proposed rule; request for comments.

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SUMMARY: NMFS issues this supplement to the proposed rule for Amendment

4 to the Coral FMP, which is contained in the Comprehensive Amendment

Addressing Essential Fish Habitat in Fishery Management Plans of the

South Atlantic Region (EFH Amendment). The supplement is intended to

provide information inadvertently omitted from the summary of the

initial regulatory flexibility analysis (IRFA) published in the

proposed rule to implement Amendment 4 to the Coral FMP. Specifically,

this supplement summarizes IRFA information regarding the economic

impact the proposed rule would have on the shark, grouper, and tilefish

fisheries.

DATES: Written public comments on this supplement to the proposed rule

for Amendment 4, the IRFA, and the original proposed rule for Amendment

4 will be accepted until December 2, 1999.

ADDRESSES: Written comments should be sent to the Southeast Regional

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

Copies of the IRFA are available from the Southeast Regional Office.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, 727-570-5305.

SUPPLEMENTARY INFORMATION: This supplement to the proposed rule for

Amendment 4 to the Coral FMP republishes, for the convenience of the

public, the portion of the classification section of the proposed rule

for Amendment 4 (64 FR 37082; July 9, 1999) that addressed the

Regulatory Flexibility Act and adds information inadvertently omitted

from the classification section relevant to the economic impact the

proposed rule would have on the shark, grouper, and tilefish fisheries.

Classification

The EFH Amendment contains Amendment 4 to the Coral FMP (Actions 3A

and 3B in the EFH Amendment). Except for Actions 3A and 3B, the EFH

Amendment does not contain measures that would result in immediate

economic effects. These actions would enlarge the existing Oculina Bank

HAPC, add two ``satellite'' HAPC areas, and prohibit bottom longline,

bottom trawl, dredge, pot or trap fishing in these areas. The Council

originally determined that these regulations would affect trawling for

calico scallops, but suggested that there would not be a significant

impact on a substantial number of small entities. NMFS reviewed the

Council's suggestion and made an independent determination that certain

criteria for significance, in particular the NMFS criterion of a 5

percent negative impact on revenues, may be met. NMFS also noted that

information relative to the impacts on calico scallopers homeported

outside the east coast of Florida was not available. In an effort to

supply some of the missing information, NMFS subsequently interviewed 9

vessel owners who represented 11 vessels not homeported on the east

coast of Florida. The combined response was that owners of 4 of the

vessels, or 36 percent of the sample, reported 5 percent or more of

their calico scallop harvests as coming from the areas where trawling

would be prohibited. Accordingly, NMFS determined there would be a

significant impact on a substantial number of small calico scallop

entities and prepared an IRFA.

In addition to the new information gathered by NMFS, 178 fishermen

have recently indicated that the expanded Oculina HAPC will have a

significant impact on their historical shark and snapper/grouper

species landings. These fishermen have provided NMFS with maps showing

their fishing areas and have also provided information regarding the

potential revenue impacts of the area to be closed to their fishing

operations. NMFS subsequently contacted the Florida Department of

Environmental Protection's Marine Fisheries Information System (DEP)

and reviewed information from the NMFS Accumulative Landings System to

obtain catch data for the offshore area encompassing the expanded

Oculina HAPC. The data obtained indicate that these fishermen may be

impacted by the regulations. There are two statistical areas,

specifically 732.9 and 736.9, that include the expanded Oculina HAPC.

In the case of sharks taken by bottom longline gear in 1997, the DEP

data show a catch of 289,316 pounds (131,234 kg) while similar NMFS

data indicate a catch of 295,529 pounds (134,052 kg) for areas 732.9

and 736.9 combined. These landings are from large areas that encompass

the expanded Oculina HAPC, so a smaller, but an unknown portion of the

landings may have been taken from the expanded Oculina HAPC. Due to a

continuing lack of definitive information regarding the significance of

the proposed actions on small business entities, including firms that

engage in trawling for calico scallops and firms that engage in bottom

longline fishing for sharks and snapper-grouper species, NMFS is

soliciting additional information during the public comment period on

this supplement to the proposed rule. Any new information which becomes

available during the public comment period will be carefully reviewed

by NMFS and will be used in developing the Final Regulatory Flexibility

Analysis for the final rule. A summary of the IRFA follows.

The proposed action responds to the Magnuson-Stevens Act

requirements to identify essential fish habitats and to minimize any

fishing related damage to these habitats. The overall objective of the

proposed rule is to identify and maintain essential fish habitats. The

Magnuson-Stevens Act provides the legal basis for the rule. Most of the

provisions of the proposed rule would result in regulations that would

not have cost or revenue effects on small entities. However, a proposal

to enlarge

[[Page 59153]]

an existing protected area, called the Oculina Bank HAPC, would also

prohibit the use of bottom tending gear in the expanded Oculina HAPC.

This portion of the proposed rule would apply to about 25 small fishing

businesses that have historically participated in the calico scallop

fishery. Most of the vessels used by these small businesses were not

built specifically for harvesting calico scallops, but are shrimp

trawling vessels using modified gear. In 1997, the industry had

landings that generated gross revenues of $1.3 million, which indicates

that gross revenue per vessel averaged about $52,000. Complete

information regarding variability of revenues among vessels does not

exist, but it is known with reasonable certainty that the actual

landings of calico scallops and the associated revenues would show a

considerable amount of variation among the 25 vessels in the industry,

and differential impacts are expected.

Other information indicates the possibility that bottom longline

fishermen who land sharks and snapper-grouper species may be impacted

by the prohibition on the use of bottom tending gear in the expanded

Oculina HAPC. According to information contained in the Final Fishery

Management Plan for Atlantic Tunas, Swordfish and Sharks, dated April

1999, there were 802 shark fishermen who reported landings in 1997 and

are permitted under regulations governing the Highly Migratory Species

fisheries. The information confirms that these fishermen also target

other species, including snapper-grouper. During the winter, the

directed shark fishery is concentrated in the southeastern United

States, particularly in Florida. However, it is known that the universe

of 802 shark fishermen includes firms that specialize in the use of

pelagic longline gear and only a portion of the 802 permitted fishermen

harvest sharks and other species from the two statistical areas

containing the expanded Oculina HAPC. Specifically, available

information indicates that the bottom longline fishermen targeting

sharks and snapper-grouper species in the general area encompassing the

Oculina HAPC utilize fishing craft in the 30 to 49-foot (9 to 15-m)

category, take trips that average 7 to 10 days, incur variable expenses

of $3,683 per trip, generate gross revenues ranging from $5,954 to

$7,145 per trip and realize annual returns to the owner, captain, and

crew that range from $34,000 to $51,000. Regarding compliance costs,

there are no additional reporting, recordkeeping, or other compliance

costs associated with the proposed action, and no existing duplicative,

overlapping, or conflicting Federal rules have been identified. Two

alternatives were considered and rejected. One of the alternatives

considered was no action. While this option obviously would have no

impact on small business entities, it was rejected since it would

provide no additional protection for essential fish habitats. The other

alternative would expand the Oculina Bank HAPC by a greater area than

required by the proposed alternative. This option would provide

additional protection to essential fish habitats but would result in

the closure of a major portion of the known historic fishing grounds

for calico scallops and would result in major negative impacts on the

calico scallop industry. The resulting negative economic impacts were

deemed to be greater than the benefits that would accrue from the

additional protection for essential fish habitats, and the alternative

was rejected on that basis.

Copies of the IRFA are available (see ADDRESSES).

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

Dated: October 22, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 99-28476 Filed 11-1-99; 8:45 am]

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