[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Proposed Rules]
[Pages 30174-30176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14593]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 980427104-8104-01; I.D. 072897B]
RIN 0648-AK29
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery Off the Southern Atlantic States; Certification of
Bycatch Reduction Devices
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 issues this proposed rule to prescribe additional
procedures for the testing and certification of bycatch reduction
devices (BRDs) for use in penaeid shrimp trawls in the exclusive
economic zone (EEZ) in the South Atlantic. The use of BRDs in all such
trawls became mandatory under the final rule implementing Amendment 2
to the Fishery Management Plan for the Shrimp Fishery of the South
Atlantic Region (FMP). In addition, the proposed rule would add a
paragraph to the Testing Protocol for BRD Certification providing
details on the additional testing and certification procedures. The
proposed rule also would add four measures to the list of measures that
may be implemented or modified through the framework procedures
contained in Amendment 2 for adjusting management measures. The
additional testing and certification procedures that would be
prescribed by the proposed rule should foster the development of
alternative BRDs that meet the bycatch reduction criterion for Spanish
mackerel and weakfish, while minimizing inconvenience to fishermen and/
or loss of shrimp. The addition of management measures that may be
adjusted via the framework procedures is intended to enhance the
ability of the South Atlantic Fishery Management Council (Council) and
NMFS to react in a timely manner to changes in the fishery or to new
data.
DATES: Written comments must be received on or before July 6, 1998.
ADDRESSES: Comments on the proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Comments regarding the collection-of-information requirement
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 (OMB), Washington, DC 20503 (Attention:
NOAA Desk Officer).
Requests for copies of the Bycatch Reduction Device Testing
Protocol Manual, should be sent to the South Atlantic Fishery
Management Council, One Southpark Circle, Suite 306, Charleston, SC
29407-4699; Phone: 803-571-4366; Fax: 803-769-4520.
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: The shrimp fishery in the EEZ of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations issued under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) at 50 CFR part 622.
The availability of Amendment 2 to the FMP was announced in the
Federal Register on November 25, 1996 (61 FR 59856). The final rule
implementing Amendment 2 to the FMP (62 FR 18536, April 16, 1997)
requires the use of certified BRDs in all penaeid shrimp trawls in the
EEZ in the South Atlantic, identifies the three BRDs certified by NMFS
for such use, and sets forth administrative procedures and a testing
protocol for certifying additional BRDs meeting Amendment 2's bycatch
reduction criterion for Spanish mackerel and weakfish. The criterion
for certification of a BRD for use in shrimp trawls in the South
Atlantic EEZ is a reduction of at least 40 percent in the number of
weakfish and Spanish mackerel caught incidentally in shrimp trawls or a
reduction of at least 50 percent in the bycatch component of fishing
mortality for Spanish mackerel and weakfish. The Testing Protocol for
BRD Certification was published as an uncodified appendix to the final
rule, and was corrected on September 4, 1997 (62 FR 46679). This rule
proposes to establish additional testing and certification procedures
and to add a paragraph to the Testing Protocol for BRD Certification
regarding those
[[Page 30175]]
procedures. Specifically, this rule would require a person seeking
certification of a BRD for use in shrimp trawls in the South Atlantic
EEZ to apply for and obtain a letter of authorization from the Regional
Administrator, Southeast Region, NMFS (Regional Administrator) before
conducting any tests in the EEZ, to test the BRD in accordance with the
Testing Protocol for BRD Certification, and to submit the test results
to the Regional Administrator. The paragraph that would be added to the
Testing Protocol for BRD Certification would require notification of
state directors where appropriate and would add details regarding the
application and letter of authorization process.
The existing Testing Protocol for BRD Certification describes the
background and rationale for BRD testing, details basic testing
procedures, requires that all tests be conducted with an approved
observer onboard, specifies the type of data to be collected, and
describes the statistical procedures and approach for analyzing the
data. The Testing Protocol for BRD Certification requires that a trawl
fitted with a BRD and a trawl without a BRD be towed simultaneously
under commercial conditions and that the total catch, finfish catch,
and shrimp catch from each trawl be compared. The Testing Protocol for
BRD Certification requires that tow times, time of day, and fishing
techniques simulate commercial fishing conditions. A minimum sample
size of 30 successful tows is required. A successful tow is defined as
one in which at least five weakfish or one Spanish mackerel are caught,
regardless of which trawl they were caught in. Additional tows may be
needed to obtain an adequate statistical sample. Data collected under
the Testing Protocol for BRD Certification is analyzed using a modified
paired t-test, which is a method for determining whether the average of
two sets of observations is significantly different, especially with
small sampling sizes. A 95-percent confidence interval must be
calculated for the bycatch reduction estimate.
The Testing Protocol for BRD Certification as well as standardized
forms for describing the tests and reporting their results have been
included in a Bycatch Reduction Testing Protocol Manual (Manual)
available from NMFS (see ADDRESSES). Appendices to the Manual contain
data entry codes, illustrations of fish measurements, statistical
reporting zones, proper techniques for statistical analyses,
illustrations of key species, and other information concerning the
proper conduct of testing, including data management instructions.
Additional details are contained in the Manual.
Amendment 2 contains framework procedures for establishing or
modifying specified types of management measures. The procedures for
certifying BRDs and publishing their specifications was discussed in
the preamble to the initial proposed rule (62 FR 720, January 6, 1997)
and is not repeated here. In this rule, NMFS proposes to add at 50 CFR
622.48(h) four other measures listed in Amendment 2 that may be
established or modified in accordance with the FMP's framework
procedures: the BRD certification criteria, the BRD testing protocol,
nets required to use BRDs, and times and locations for the required use
of BRDs. The procedures for establishing or modifying these four
measures are set forth in Amendment 2 and require that changes be
initiated by the Council's BRD Advisory Panel, reviewed by the Council
and its Science and Statistical Committee, discussed at a public
hearing, submitted for the Regional Administrator's concurrence that
they are consistent with the FMP and the Magnuson-Stevens Act, and
published as proposed and final rules.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce has certified to the Chief Counsel for Advocacy
of the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities
as follows:
Testing of BRDs is expected to be undertaken by state agencies
of Georgia, North Carolina and South Carolina, by the University of
Georgia, and by owners of vessels that harvest shrimp in South
Atlantic waters. The state agencies and the University of Georgia
are not small entities.
For the 1994 fishing season, about 1,400 large shrimp vessels
were licensed in Florida, Georgia, North Carolina and South
Carolina. In addition, there were probably 1,000 or more small
vessels that have a significant dependence on shrimp trawling off
these states, mostly in North Carolina waters. These entities are
considered small entities for purposes of the Regulatory Flexibility
Act.
Although owners of shrimp vessels who voluntarily conduct BRD
certification testing can be expected to incur significant costs,
less than 1 percent of such owners are expected to attempt to
certify new BRDs. Accordingly, the provisions for BRD certification
would not have a significant economic impact on a substantial number
of small entities.
The addition of measures that may be established or modified in
accordance with the framework procedures would have no economic
impacts. The economic impacts on small entities of any measures that
would be proposed for establishment or modification under the
framework procedures would be evaluated when they are proposed.
As a result, a regulatory flexibility analysis was not prepared.
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 a collection-of-information requirement subject
to the PRA--namely, the BRD certification process, consisting of an
application for the testing of a new BRD, the testing itself, and the
submission of the test results. This requirement has been submitted to
OMB for approval. The public reporting burden for this collection of
information is estimated at 151 hours per application, testing, and
submission of results. Send comments regarding this burden estimate or
any other aspect of the data requirement, including suggestions for
reducing the burden, to NMFS and to OMB (see ADDRESSES).
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including the use of automated collection techniques or of
other forms of information technology.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 27, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
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:
[[Page 30176]]
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.7, paragraph (aa) is added to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(aa) Falsify information submitted on the testing of a BRD or the
results of such testing, as specified in Sec. 622.41(g)(3)(i).
3. In Sec. 622.41, the first sentence of paragraph (g)(1) is
revised and paragraph (g)(3) is added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(g) * * *
(1) * * * Except as exempted in paragraph (g)(3)(ii) of this
section, on a penaeid shrimp trawler in the South Atlantic EEZ, each
trawl net that is rigged for fishing and has a mesh size less than 2.50
inches (6.35 cm), as measured between the centers of opposite knots
when pulled taut, and each try net that is rigged for fishing and has a
headrope length longer than 16.0 ft (4.9 m), must have a certified BRD
installed. * * *
* * * * *
(3) Certification of BRDs--(i) A person who seeks to have a BRD
certified for use in the South Atlantic EEZ must submit an application
to test such BRD, conduct the testing, and submit to the RD the results
of the test conducted and recorded in accordance with the Testing
Protocol for BRD Certification, which along with forms and procedures,
is included in the Bycatch Reduction Device Testing Protocol Manual
which is available from the SAFMC, One Southpark Circle, Suite 306,
Charleston, SC 29407-4699, and from the RD. A BRD that meets the
certification criterion, as determined under the Testing Protocol for
BRD Certification, will be added to the list of certified BRDs in
paragraph (g)(2) of this section.
(ii) A penaeid shrimp trawler that is authorized to test a BRD in
the EEZ for possible certification, has such authorization on board,
and is conducting such test in accordance with the Testing Protocol for
BRD Certification is exempt from the BRD requirement specified in
paragraph (g)(1) of this section.
4. In Sec. 622.48, paragraph (h) is revised to read as follows:
Sec. 622.48 Adjustment of management measures.
* * * * *
(h) South Atlantic shrimp. BRD certification criteria, BRD
specifications, BRD testing protocol, certified BRDs, nets required to
use BRDs, and times and locations when the use of BRDs is required.
The Testing Protocol for BRD Certification published as an
uncodified appendix to the final rule implementing Amendment 2 to the
FMP on April 16, 1997 (62 FR 18536) is revised by adding the following
paragraph at the end thereof:
Appendix--Testing Protocol for BRD Certification
Before conducting any certification test, or series of tests, the
appropriate state director or designee, must be notified. In the event
that the applicant plans to submit the certification proposal directly
to the RD, the applicant must notify the RD in writing. This
notification should identify the sponsor of the tests, when and where
the tests will be conducted, the vessel or vessels involved, any
special conditions or requirements of the tests, the statistical design
that will be followed, the names and affiliations of the observers,
data that will be collected, a complete description of the BRDs
including detailed descriptions of how the BRDs will be installed in
the nets, and types of TEDs that will be used. The appropriate state
director or designee, will review the notification and if adequate will
authorize the applicant to conduct tests in state waters. Similarly, if
testing in the EEZ is required, the state director will submit the
applicant's notification to the RD, with the director's recommendation.
Once the RD determines that the notification is complete and all
applicable regulations are satisfied, the RD will issue the applicant a
letter of authorization to conduct BRD testing in Federal waters.
[FR Doc. 98-14593 Filed 6-2-98; 8:45 am]
BILLING CODE 3510-22-F
