[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Page 23211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10943]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 041897B]
RIN 0648-AH52
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of an amendment to a fishery management
plan; request for comments.
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SUMMARY: NMFS announces that the Gulf of Mexico Fishery Management
Council (Council) has submitted Amendment 9 to the Fishery Management
Plan for the Shrimp Fishery of the Gulf of Mexico (FMP) for review,
approval, and implementation by NMFS. Written comments are requested
from the public.
DATES: Written comments must be received on or before June 30, 1997.
ADDRESSES: Comments must be mailed to the Southeast Regional Office,
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Requests for copies of Amendment 9, which includes a regulatory
impact review, an initial regulatory flexibility analysis, a social
impact analysis, and a supplemental final environmental impact
statement, and of a minority report submitted by three Council members,
should be sent to the Gulf of Mexico Fishery Management Council, 3018
U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-2266; Phone: 813-
228-2815; Fax: 813-225-7015.
FOR FURTHER INFORMATION CONTACT: Michael E. Justen, 813-570-5305.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each Regional
Fishery Management Council to submit any fishery management plan or
amendment to the Secretary of Commerce for review and approval,
disapproval, or partial approval. The Magnuson-Stevens Act also
requires that NMFS, upon receiving an amendment, immediately publish a
document in the Federal Register stating that the amendment is
available for public review and comment.
Amendment 9 would: (1) Require, with limited exceptions, the use of
certified bycatch reduction devices (BRDs) in shrimp trawls in the
exclusive economic zone of the Gulf of Mexico shoreward of the 100-
fathom (183-m) depth contour west of 85 deg.30' W. long.; (2) set the
red snapper bycatch mortality reduction criterion for NMFS'
certification of BRDs at 44 percent; and (3) establish an FMP framework
rulemaking procedure for modifying the bycatch reduction criterion,
establishing and modifying the BRD testing protocol, and certifying
BRDs and their specifications.
The Council's stated purpose for Amendment 9 is to reduce the
unwanted bycatch of juvenile red snapper in the Gulf of Mexico shrimp
trawl fishery and, to the extent practicable, not adversely affect this
fishery. Amendment 9 indicates that its major goal is to achieve a 50
percent reduction in juvenile red snapper bycatch mortality in shrimp
trawls compared to a defined baseline period. The red snapper stock in
the Gulf of Mexico is considered overfished and is under a long-term
rebuilding program established by the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico. A significant reduction in
the shrimp fishery bycatch mortality of red snapper is considered
necessary to ensure recovery of the red snapper resource consistent
with its established stock rebuilding schedule.
Three Council members submitted a minority report opposing
Amendment 9. The minority report reads, in part, as follows:
We believe that the Council's action to approve Amendment 9 did
not consider the best available data, and the Council made serious
procedural and legal errors in proceeding with the approval of
Amendment 9. We also contend that Amendment 9 is not needed for the
recovery of the red snapper stocks, the shrimp industry is being
unfairly required to bear a regulatory burden, and the economic
impacts of requiring bycatch reduction devices in shrimp trawls will
be severe to both the industry and the United States.
The contentions of the three Council members are detailed in the
minority report, which is available from the Council (see ADDRESSES).
A proposed rule to implement Amendment 9 has been received from the
Council. In accordance with the Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to determine whether it is consistent with
Amendment 9, the Magnuson-Stevens Act, and other applicable law. If
that determination is affirmative, NMFS will publish it in the Federal
Register for public review and comment.
Comments received by June 30, 1997, whether specifically directed
to the amendment or the proposed rule, will be considered by NMFS in
its decision to approve, disapprove, or partially approve Amendment 9.
Comments received after that date will not be considered by NMFS in
this decision. All comments received by NMFS on Amendment 9 or on the
proposed rule during their respective comment periods will be addressed
in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-10943 Filed 4-28-97; 8:45 am]
BILLING CODE 3510-22-F
