[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27485-27489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13290]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 622
[Docket No. 980513127-8127-01; I.D.050598A]
RIN 0648-AL15
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Data Collection
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 27486]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; request for comments.
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SUMMARY: This interim rule requires vessels in the shrimp fishery of
the Gulf of Mexico to maintain and submit fishing records, to carry a
NMFS-approved observer, and/or to carry a vessel monitoring system unit
(VMS unit), if selected by NMFS to do so. This rule also informs the
public of the approval by the Office of Management and Budget (OMB) of
the collection-of-information requirements contained in this rule and
publishes the OMB control numbers for these collections. The intended
effect of this rule is to collect information on the operational
effectiveness of bycatch reduction devices (BRDs) in shrimp trawls in
reducing the mortality of juvenile red snapper, and, thereby, to
determine management measures necessary to reduce overfishing of red
snapper.
DATES: This rule is effective on May 14, 1998, through November 16,
1998. Comments must be received no later than June 18, 1998.
ADDRESSES: Comments on this interim rule must be sent to, and copies of
documents supporting this rule may be obtained from, the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St Petersburg,
FL 33702.
Comments regarding the collection-of-information requirements
contained in this rule should be sent to Edward E. Burgess, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702, and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 (Attention: NOAA
Desk Officer).
FOR FURTHER INFORMATION CONTACT: Michael E. Justen, phone: 813-570-5305
or fax: 813-570-5583.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Shrimp
Fishery of the Gulf of Mexico (FMP) was prepared by the Gulf of Mexico
Fishery Management Council (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.
Background
Shrimp trawls have a significant bycatch of non-target finfish and
invertebrates, most of which are discarded dead. In particular, the
shrimp fishery bycatch in the Gulf of Mexico includes a high mortality
of juvenile (ages 0 and 1) red snapper, a valuable reef fish species
for commercial and recreational fisheries. The red snapper stock of the
Gulf of Mexico is overfished. Red snapper stock assessments prepared in
1995 and 1997 indicated that shrimp trawl bycatch of red snapper must
be reduced to rebuild the red snapper resource to a spawning potential
ratio (SPR) of 20 percent by the year 2019. The Council's Fishery
Management Plan for the Reef Fish Resources of the Gulf of Mexico
establishes the 20 percent SPR level as its goal for rebuilding the red
snapper stock.
The Council developed FMP Amendment 9 to require the use of NMFS-
certified BRDs in shrimp trawls towed in the Gulf of Mexico exclusive
economic zone (EEZ), shoreward of the 100-fm (183-m) depth contour west
of 85 deg.30' W. long., the approximate longitude of Cape San Blas,
Florida. To be certified, these BRDs must meet the FMP's bycatch
reduction criterion requiring the reduction of shrimp trawl bycatch
mortality of juvenile red snapper by a minimum of 44 percent from the
average level of mortality of these age groups during 1984-89.
Additional background on BRDs and the Council's rationale for requiring
their use are contained in the preamble for the proposed and final
rules implementing Amendment 9 (62 FR 35774, July 2, 1997; 63 FR 18139,
April 14, 1998), and are not repeated here.
NMFS published an interim rule (63 FR 18144, April 14, 1998) to
reserve part of the 1998 Gulf of Mexico red snapper total allowable
catch (TAC) and to establish a procedure for releasing all or part of
the reserved part of the TAC to commercial and recreational red snapper
fisheries on September 1, 1998, based on the results of an immediate
and major research effort to evaluate the effectiveness of BRDs in
reducing juvenile red snapper bycatch mortality. This rule establishes
regulations to govern this research program; the research effort will
begin with the issuance of this rule.
Description of Research Program
The focus of the research program is to determine the operational
effectiveness of NMFS-certified BRDs in the shrimp trawl fishery and to
improve the data used for assessing the status of the red snapper
stock. This information will be obtained by evaluating BRD performance,
BRD exclusion mortality (mortality of juvenile red snapper excluded by
the BRD), and industry compliance with the BRD requirements. The
information will be used by NMFS to determine what portion of the
reserved red snapper TAC may be released for harvest on September 1,
1998.
BRD performance will be measured by observers placed on as many as
100 shrimp vessels during the period May 14, 1998, through August 15,
1998. The observers will collect red snapper bycatch data (i.e., number
of red snapper in the BRD-equipped net compared to the number in a
control net) to determine the reduction in bycatch mortality on a tow-
by-tow basis. Survival of red snapper after they leave the BRDs will
also be examined. NMFS enforcement personnel will document the level of
industry compliance with the BRD regulations during at-sea boardings
and dock-side inspections.
The research program will also focus on improving estimates of
shrimp fishing effort to be used in calculations of the shrimp
fishery's total red snapper bycatch (i.e., improving scientific
estimates of the total bycatch mortality of red snapper in the shrimp
fishery). This will involve the use of interviews, logbooks, and VMS
unit surveillance in the shrimp fleet. A vessel logbook will be used to
collect data on shrimp fishing effort and location. Selected vessels
will be required to report data on the number and average duration of
tows, the number of nets used, the size of the trawl opening, the
length of the head rope, the total pounds of shrimp caught, and the
type of BRD used. VMS units aboard vessels will be used to transmit
vessel position, course, and speed in encrypted form via satellite or
cellular phone to a land-based data acquisition system. This
information will be used to evaluate the accuracy of logbook reports.
The observer study will involve NMFS' random selection of
approximately 100 offshore shrimp trawlers. Owners of vessels selected
for observer coverage will be required to notify NMFS prior to their
vessel's departure on a fishing trip. Required notification procedures
will be specified in the notice of selection sent to the vessel owner.
Costs associated with carrying the observers will be borne by NMFS,
except for certain costs associated with a selected vessel's compliance
with regulations at 50 CFR part 600 regarding observer health and
safety. NMFS intends to issue a rule shortly amending regulations at 50
CFR 600.725 and 600.746 that require owners and operators of fishing
vessels that carry observers to comply with guidelines, regulations,
and conditions in order to ensure that the vessels are adequate and
safe for the purposes of carrying an observer and allowing normal
observer functions. These compliance costs are estimated at
[[Page 27487]]
$6,960 in aggregate for approximately 83 vessels selected to carry
observers that may not already be in compliance with U.S. Coast Guard
(USCG) regulations regarding vessel safety and sanitation.
Approximately 310 shrimp vessels will be required to maintain and
submit to NMFS logbooks, and approximately 50 will be required to have
a VMS unit (transponder) installed by NMFS at a cost borne by NMFS. Up
to 460 shrimp vessels will be selected to participate in the combined
observer, logbook, and VMS unit programs. Participating vessel owners
are expected to incur costs of $14,080 in aggregate, or about $30.61
each. These costs will be the value of the owners' time required to
participate in the data gathering programs.
Other
The NMFS Southeast Fisheries Science Center has determined that
this interim rule is based on the best available scientific
information. NMFS has determined that this interim rule is consistent
with the requirements of section 305(c) of the Magnuson-Stevens Act
regarding the promulgation of interim measures necessary to reduce
overfishing for a fishery; this rule addressed the overfishing of red
snapper. Specifically, this rule is necessary to provide improved
scientific information regarding the effectiveness of BRDs in reducing
red snapper bycatch mortality in the Gulf shrimp fishery and regarding
the total shrimp fishing effort. This information is required to
calculate a more reliable estimate of the total bycatch mortality of
red snapper in the shrimp fishery for 1998. Based on this estimate, an
appropriate portion of the red snapper TAC will be released to the
commercial and recreational fisheries on September 1. Any released
portion of the TAC, based on the new scientific information and
calculations resulting from this rule, should maintain the current red
snapper stock rebuilding program and prevent overfishing of this
resource.
NMFS finds that this regulatory action is needed to reduce
overfishing of red snapper in the Gulf of Mexico. NMFS issues this
interim rule, effective for no more than 180 days, as authorized by
section 305(c) of the Magnuson-Stevens Act. This interim rule may be
extended for an additional 180 days provided that the public has had an
opportunity to comment on it. Public comments on this interim rule will
be considered in determining whether to extend it.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere, Department of
Commerce, has delegated authority to sign material for publication in
the Federal Register to the Assistant Administrator for Fisheries,
NOAA.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to obtain estimates of the
operational efficiencies of BRDs in reducing red snapper bycatch
mortality, to improve estimates of red snapper bycatch mortality, and,
thereby, to contribute to reducing overfishing of red snapper in the
Gulf of Mexico. The AA has also determined that this rule is consistent
with the Magnuson-Stevens Act and other applicable laws.
This interim rule has been determined to be not significant for
purposes of E.O. 12866.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553 or by any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are inapplicable.
NMFS prepared a Regulatory Impact Review (RIR) that describes the
expected economic costs and benefits of this rule (see ADDRESSES). The
RIR notes that most of the costs associated with this rule accrue to
NMFS in terms of costs of conducting the observer program, the logbook
program, the VMS unit program, and the allied research that will be
used in combination with the information derived from observers,
logbooks, and VMS unit programs. In addition, NMFS is expected to incur
costs related to enforcing the rule and administrative costs of
preparing and monitoring the rule. The total NMFS costs for the
research program are estimated to be $3,110,000. Up to 460 shrimpers
will be selected for participation in the observer, logbook, and VMS
programs together. In aggregate, these shrimpers will incur a cost of
$23,770. This cost includes an estimated $6,960 in aggregate for
compliance by vessels selected for observers with USCG regulations for
vessel safety and sanitation required by 50 CFR 600.725 and 600.746, as
amended by a separate rule NMFS intends to issue shortly. This estimate
is based on the assumption that a maximum of 83 vessels would have to
make special efforts to comply with USCG dockside safety inspection
requirements as a prerequisite for carrying observers. The costs
related to vessel safety and sanitation are not attributed to this
interim rule, but rather to USCG regulations. The remainder of the
total estimated cost is the value of the shrimpers' time required to
participate in these programs. Since the rule is not expected to have
any effect on the status quo level of shrimp harvests or shrimp fishing
effort patterns, no short-term changes in industry costs or benefits
relative to status quo are expected. The benefits from this rule are
those associated with providing better information for future
management decisions regarding the Gulf shrimp and red snapper
fisheries. These decisions are likely to affect net benefits related to
the harvest of shrimp and red snapper in future years. However, there
is no way to quantify these benefits at this time, Copies of the RIR
are available (see ADDRESSES).
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 OMB control number.
This rule contains two new collection-of-information requirements
subject to the PRA--namely, the requirement that, if selected, the
owner or operator of a vessel in the Gulf of Mexico shrimp fishery must
(1) notify NMFS in advance of each trip so that a NMFS-approved
observer may be embarked and (2) have a VMS unit installed and in use
when at sea. The installation and use of a VMS unit includes five
elements: Notification to the Special Agent-in-Charge, NMFS, Office of
Enforcement, Southeast Region (SAC), or his designee as to when the
vessel will next be in port so that NMFS may install the VMS unit; the
installation of the unit; the automatic sending of position information
by the unit; maintenance of the unit by NMFS; and its removal by NMFS.
These two new requirements have been approved by OMB under OMB control
number 0648-0343. The public reporting burdens for these collections of
information are estimated at 5 minutes per response for the observer
notification requirement and 6 hours per response for installation and
use of a VMS unit. This rule also contains the collection-of-
information requirement that, if selected, a vessel owner or operator
must maintain and submit fishing records. Specifically, this rule
extends to vessels in the shrimp fishery of the Gulf of Mexico the
requirement approved by OMB under OMB control number 0648-0016. The
reporting burden is estimated at 10 minutes per response. The estimates
of public reporting burdens for these collections of information
include the time for reviewing instructions, searching
[[Page 27488]]
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collections of information. Send comments
regarding these burden estimates or any other aspects of the
collections of information, including suggestions for reducing the
burdens, to NMFS and OMB (see ADDRESSES).
The provisions of this interim rule provide the means for further
scientific evaluation of the operational effectiveness of BRDs for
reducing the bycatch mortality of juvenile red snapper in the shrimp
trawl fishery. Absent scientific evidence that BRDs, under operational
conditions, are more effective in reducing bycatch mortality than was
previously estimated, the reserved portion of the 1998 red snapper TAC
will not be released prior to the end of the year. Any delay in
implementing the provisions contained in this rule would delay any
potential for releasing the reserved portion of the red snapper TAC
(i.e., the results of the data collection and research provisions have
the potential to relieve a restriction in the near future). The
potential release of reserved red snapper TAC is contingent upon
positive findings from the outlined data collection and research
program. Therefore, it is critical to commence this research as soon as
possible. Accordingly, pursuant to authority set forth at 5 U.S.C.
553(b)(B), the AA finds that these reasons constitute good cause to
waive the requirement to provide prior notice and the opportunity for
prior public comment, as such procedures would be contrary to the
public interest. Similarly, the need to implement these measures in a
timely manner, for the reasons expressed above, constitutes good cause
under authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day
delay in effective date. Accordingly, this rule is effective on May 14,
1998.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 13, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR
part 622 are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
Sec. 902.1 [Amended]
2. In Sec. 902.1(b), in the table, under 50 CFR, the entry
``622.9'' is added in numerical order in the left column, and the
corresponding entry ``-0016 and -0205'' is added in the right column.
50 CFR Chapter VI
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
3. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 622.7, paragraph (aa) is added to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(aa) Fail to comply with the Gulf shrimp interim measures specified
in Sec. 622.9.
(bb) [Reserved]
5. In subpart A, Sec. 622.9 is added to read as follows:
Sec. 622.9 Gulf shrimp interim measures.
(a) Vessel logbooks. In addition to the requirements of
Sec. 622.5(a)(1)(iii), the owner or operator of a vessel that fishes
for shrimp in the Gulf EEZ who is selected to report by the SRD must
maintain fishing records on forms available from the SRD. The owner or
operator must submit completed fishing records to the SRD postmarked
not later than 7 days after the end of each fishing trip. If no fishing
occurred during a calendar month, the owner or operator must submit a
report so stating on one of the forms postmarked not later than 7 days
after the end of that month. Information to be reported is indicated on
the form and its accompanying instructions.
(b) Observer coverage. (1) If a vessel is selected by the SRD for
observer coverage, the owner or operator of the vessel that fishes for
shrimp in the Gulf EEZ must carry a NMFS-approved observer aboard the
vessel.
(2) When notified in writing by the SRD that his or her vessel has
been selected to carry a NMFS-approved observer, the owner or operator
must advise the SRD in writing not less than 5 days in advance of each
trip of the port, dock, date, and time of departure and the port, dock,
date, and time of landing.
(3) An owner or operator of a vessel on which a NMFS-approved
observer is embarked must:
(i) Provide accommodations and food that are equivalent to those
provided to the crew.
(ii) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's duties.
(iii) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(iv) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales, holds, and
any other space used to hold, process, weigh, or store fish.
(v) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with the catch and
distribution of fish for that trip.
(vi) On or after May 14, 1998, comply with the observer's
instructions to make an installed bycatch reduction device (BRD)
inoperative; use of a trawl net with an inoperative BRD in accordance
with the observer's instructions while the observer is aboard is not a
violation of Sec. 622.41(h)(1).
(c) Vessel monitoring. (1) If a vessel is selected by the SRD for
monitoring, the owner or operator of the vessel that fishes for shrimp
in the Gulf EEZ must carry a NMFS-supplied vessel monitoring system
(VMS) unit on board the vessel.
(2) Upon selection by the SRD for monitoring, the vessel owner or
operator must advise the Special Agent-in-Charge, NMFS, Office of
Enforcement, Southeast Region, St. Petersburg, FL (SAC) or his designee
by telephone (813-570-5344) as to when the vessel will next be in port
so that NMFS may arrange for installation of the VMS unit. During
installation of the VMS unit, the owner or operator must provide NMFS
access to the vessel's on-board power supply.
(3) After the VMS unit is installed, the vessel owner or operator
must maintain power to the VMS unit when the vessel is at sea. When the
vessel is in port, the owner or operator must provide access to the VMS
unit for maintenance, repair, inspection, or removal.
(4) No person may interfere with, impede, delay, or prevent the
installation, maintenance, repair,
[[Page 27489]]
inspection, or removal of a VMS unit or interfere with, tamper with,
alter, damage, disable, or impede the operation of a VMS unit, or
attempt any of the same.
[FR Doc. 98-13290 Filed 5-14-98; 3:51pm am]
BILLING CODE 3510-22-F
