[Federal Register Volume 59, Number 205 (Tuesday, October 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26333]
[[Page Unknown]]
[Federal Register: October 25, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 658
[Docket No. 941093-4293; I.D. 100394B]
Shrimp Fishery of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule.
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SUMMARY: NMFS publishes this emergency interim rule at the request of
the Gulf of Mexico Fishery Management Council (Council) to increase the
domestic quota for royal red shrimp from the Gulf of Mexico. The intent
of this action is to prevent an unnecessary closure of the royal red
shrimp fishery.
EFFECTIVE DATE: October 19, 1994, through December 31, 1994.
ADDRESSES: Copies of documents supporting this action may be obtained
from the Southeast Regional Office, NMFS, 9721 Executive Center Drive
N., St. Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.
SUPPLEMENTARY INFORMATION: The shrimp fishery of the Gulf of Mexico is
managed under the Fishery Management Plan for the Shrimp Fishery of the
Gulf of Mexico (FMP) and its implementing regulations at 50 CFR part
658. The FMP was prepared by the Council under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
The FMP establishes an optimum yield (OY) equal to the maximum
sustainable yield (MSY) for royal red shrimp from the Gulf of Mexico of
177.8 metric tons (mt) and estimates the domestic annual harvest (DAH)
at 111.6 mt. All weights are tail weights. As specified in section
201(d) of the Magnuson Act, the difference between OY and DAH, 66.2 mt,
is designated as the total allowable level of foreign fishing (TALFF).
Accordingly, the shrimp regulations at 50 CFR 658.21 specify a domestic
quota for royal red shrimp of 111.6 mt and require the Director,
Southeast Region, NMFS, to close the fishery for royal red shrimp when
the quota is reached.
The TALFF for royal red shrimp was published on February 3, 1987
(52 FR 3248). Since that time, there has been no foreign harvest of
royal red shrimp from the Gulf of Mexico.
As of July 30, 1994, the domestic harvest of royal red shrimp was
88.3 mt. At the present rate of harvest, the domestic quota is expected
to be reached in early October 1994, and the fishery must be closed.
Such a closure, although required by the regulations, would be contrary
to the goals of the FMP and the Magnuson Act because it would prevent
attainment of the OY from the fishery.
In anticipation of an increase in the domestic harvesting capacity
to take royal red shrimp, the Council initiated Amendment 7 to the FMP,
which, among other things, would increase the domestic quota for royal
red shrimp to 195.6 mt. The proposed rule to implement Amendment 7 was
published for public comment on September 12, 1994 (59 FR 46810). The
public comment period closes October 24, 1994. Accordingly, a final
rule to implement Amendment 7 cannot be published prior to the time
when the domestic quota is expected to be reached. Without this
emergency interim rule, the royal red shrimp fishery would have to be
closed when the current domestic quota is reached. Such a disruption in
the harvest of royal red shrimp is unnecessary for effective
conservation and management of the resource and constitutes an economic
emergency for participants in the fishery.
As explained in Amendment 7, the data for determining the MSY for
royal red shrimp are sparse, that is, catch and effort data are
limited. The FMP indicates that MSY falls within a range between 159.66
mt and 294.84 mt. The MSY has been set at the single point estimate of
177.8 mt, which is near the lower end of the range.
The Council and NMFS believe that harvest above the point estimate
of MSY for a limited time would contribute additional current catch and
effort data that are necessary to ascertain the appropriate MSY for
royal red shrimp. Accordingly, at the Council's request, this emergency
interim rule establishes a domestic quota for royal red shrimp that
exceeds MSY for the fishing year that ends December 31, 1994.
The Council requested a domestic quota of 251 mt for the emergency
rule. That amount was based on data that show that landings of royal
red shrimp have fallen short of the MSY in each of the last 2 fishing
years as follows:
------------------------------------------------------------------------
Landings Shortfall
Year MSY (mt) (mt) (mt)
------------------------------------------------------------------------
1992..................................... 177.8 60.9 116.9
1993..................................... 177.8 148.4 29.4
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The Council's requested domestic quota is the sum of the MSY (177.8
mt) and the average harvest shortfall for the last 2 fishing years
(116.9 mt+29.4 mt2=73.15 mt, rounded to 73.2 mt). Because the
royal red shrimp fishery consists of multiple year classes, portions of
prior years' foregone harvests are available for harvest in subsequent
years. However, such a calculation is not scientifically defensible--a
portion of each year's foregone harvests would not be available in
subsequent years because of natural mortality.
Nevertheless, some amount of harvest over the point estimate of MSY
is (1) Necessary both to address the economic emergency and to obtain
current additional catch and effort data for future refinements of MSY,
and (2) justified and supportable. Accordingly, this emergency interim
rule establishes for 1994 a domestic quota of 215 mt. This amount
represents the reasonably expected domestic annual harvest based on the
most recent landings and effort data, and is somewhat higher then the
domestic quota proposed in Amendment 7.
The Council and NMFS believe that establishing the domestic quota
above the MSY point estimate for the current fishing year has
scientific merit (it would contribute current catch and effort data
that are necessary to better estimate MSY) and would not jeopardize the
long-term biological integrity of the resource for the following
reasons:
(1) The fishery exploits only 3 of the 5 year classes of royal red
shrimp;
(2) The fishery operates in only a small portion of the Gulf of
Mexico, whereas the resource exists throughout the Gulf of Mexico;
(3) Some amount of surplus production, that is, the difference
between the point estimate of MSY and landings in previous years, is
available for harvest; and
(4) The increased domestic quota is well within the current range
of acceptable values for MSY.
Compliance With NMFS Guidelines for Emergency Rules
The Council and NMFS have concluded that the present situation
constitutes an economic emergency, which is properly addressed by this
emergency interim rule, and that the situation meets NMFS's policy
guidelines for the use of emergency rules, published on January 6, 1992
(57 FR 375). The situation:
1. Results from recent, unforeseen events or recently discovered
circumstances. While the domestic harvest of royal red shrimp in the
Gulf of Mexico increased in 1993, the increased rate of harvest in 1994
was unanticipated.
2. Presents serious management problems in the fishery. A
developing fishery will be unnecessarily disrupted, OY will not be
attained, and necessary catch and effort data will not be obtained,
unless the emergency rule is issued.
3. Can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process. This emergency interim rule would temporarily relieve a
restriction on the participants in the fishery without the likelihood
of jeopardizing the long-term biological viability of the royal red
shrimp resource.
NMFS concurs with the Council's findings about the economic
emergency and the need for immediate regulatory action. Accordingly,
NMFS publishes this emergency interim rule, effective from October 19,
1994, through December 31, 1994, as authorized by section 305(c)(1) and
(c)(3) of the Magnuson Act.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to respond to an emergency
situation and is consistent with the Magnuson Act and other applicable
law.
This emergency interim rule has been determined to be not
significant for purposes of E.O. 12866.
The AA finds that the immediate need to relieve an economic
emergency in the royal red shrimp fishery constitutes good cause to
waive the requirement to provide prior notice and an opportunity for
public comment, pursuant to authority set forth at 5 U.S.C.
553(b)(3)(B), as such procedures would be impracticable and contrary to
the public interest. Similarly, the need to implement these measures in
a timely manner to address the economic emergency constitutes good
cause under authority contained in 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date.
List of Subjects in 50 CFR Part 658
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 19, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 658 is 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. From October 19, 1994, through December 31, 1994, in
Sec. 658.21, paragraph (a) is suspended and new paragraph (d) is added
to read as follows:
Sec. 658.21 Allowable levels of harvest.
* * * * *
(d) Catch quotas. The domestic quota for royal red shrimp harvested
from the EEZ is 215 metric tons. There are no domestic quotas for brown
shrimp, white shrimp, or pink shrimp harvested from the EEZ.
[FR Doc. 94-26333 Filed 10-19-94; 4:33 pm]
BILLING CODE 3510-22-W
