Rule2021-15202
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Framework Action
Primary source
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Published
July 21, 2021
Effective
August 20, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). This final rule will prohibit certain fishing activities and, with one exception, the possession of Gulf of Mexico (Gulf) reef fish within the Madison-Swanson and Steamboat Lumps Marine Protected Areas (MPAs). The purpose of this final rule is to protect spawning aggregations of mature reef fish species by reducing the potential for illegal fishing activities within these MPAs.
Full Text
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<title>Federal Register, Volume 86 Issue 137 (Wednesday, July 21, 2021)</title>
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[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38416-38418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15202]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210713-0147]
RIN 0648-BK01
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Framework Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing management measures described in a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef Fish FMP), as prepared and
submitted by the Gulf of Mexico Fishery Management Council (Council).
This final rule will prohibit certain fishing activities and, with one
exception, the possession of Gulf of Mexico (Gulf) reef fish within the
Madison-Swanson and Steamboat Lumps Marine Protected Areas (MPAs). The
purpose of this final rule is to protect spawning aggregations of
mature reef fish species by reducing the potential for illegal fishing
activities within these MPAs.
DATES: This final rule is effective on August 20, 2021.
ADDRESSES: Electronic copies of this framework action to the FMP for
the Reef Fish Resources of the Gulf of Mexico may be obtained from
<a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS Southeast Regional Office website
at <a href="https://www.fisheries.noaa.gov/action/modification-fishing-access-eastern-gulf-mexico-marine-protected-areas">https://www.fisheries.noaa.gov/action/modification-fishing-access-eastern-gulf-mexico-marine-protected-areas</a>. The framework action
includes an environmental assessment, regulatory impact review, and
Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
<a href="/cdn-cgi/l/email-protection#cfbda6aca7e1a2aea3a6a1a0b8bca4a68fa1a0aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="0b7962686325666a676265647c7860624b65646a6a256c647d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the reef fish
fishery under the Reef Fish FMP. The Reef Fish FMP was prepared by the
Council and is implemented by NMFS through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
[[Page 38417]]
On March 2, 2021, NMFS published the proposed rule for the
framework action and requested public comment (86 FR 12163). The
proposed rule outlined the rationale for the actions contained in this
final rule. A summary of the management measures described in the
proposed rule and implemented by this final rule is described below.
Background
The Madison-Swanson and Steamboat Lumps MPAs were established on
June 19, 2000 (65 FR 31827, May 19, 2000). The two MPAs combined cover
219 square nautical miles (nmi\2\) (751 square kilometers (km\2\)) near
the 240-foot (73-meter) contour, also known as the 40-fathom contour,
off northwest and west Florida. The area of Madison-Swanson is 115
nmi\2\ (394 km\2\) and the area of Steamboat Lumps is 104 nmi\2\ (357
km\2\). The distance between these MPAs is approximately 69 nmi (127
km). The Council and NMFS created the MPAs to provide protection to
spawning aggregations of gag, which is a species of grouper, and other
reef fish. When the MPAs were implemented, all fishing inside the MPAs
was prohibited, except for Atlantic highly migratory species (HMS) such
as tunas, billfishes, and oceanic sharks, which are managed separately
by NMFS' Atlantic HMS Management Division. Since 2004, surface trolling
has been allowed for non-reef fish species in the MPAs from May 1
through October 31 annually (69 FR 24532, May 4, 2004). In 2006, NMFS
implemented complementary management measures to prohibit fishing for
Atlantic HMS except by surface trolling from May 1 through October 31
annually (71 FR 58058, October 2, 2006). In addition, the possession of
Gulf reef fish while inside the MPAs is prohibited, except on a vessel
in transit with fishing gear stowed as specified in Sec. 622.34(a)(4).
The Council developed this framework action to modify the
restrictions on fishing in, and transiting through, the Madison-Swanson
and Steamboat Lumps MPAs in the eastern Gulf. The framework action
prohibits all fishing, except for HMS, year-round in the Madison-
Swanson and Steamboat Lumps MPAs, and prohibits the possession of Gulf
reef fish year-round in these areas unless a vessel has a valid Federal
commercial permit for Gulf reef fish, an operating satellite-based
vessel monitoring system (VMS), and is in transit with fishing gear
appropriately stowed.
These prohibitions do not apply to Atlantic HMS. Federal
regulations currently applicable to Atlantic HMS in the MPAs are
located at 50 CFR part 635.
Management Measures Contained in This Final Rule
This final rule prohibits fishing year-round in the Madison-Swanson
and Steamboat Lumps MPAs. Additionally, the possession of any Gulf reef
fish is prohibited year-round in the MPAs, with a limited exception.
This final rule revises current fishing restrictions in the MPAs.
Currently, surface trolling, as defined at Sec. 622.34(a)(5), is the
only allowable fishing activity and is only allowed from May through
October each year. Federally managed species that may be targeted by
surface trolling in the MPAs include the Gulf coastal migratory pelagic
species king mackerel and Spanish mackerel, and HMS.
This final rule prohibits fishing year-round for all species except
HMS. However, NMFS Atlantic HMS Management Division is considering a
request from the Council to develop compatible regulations for HMS.
Currently, fishing vessels with Gulf reef fish on board may transit
through the MPAs as long as all fishing gear is appropriately stowed.
This provision allows transiting fishing vessels to proceed between
destinations, without the need to reroute to avoid a specific area even
if they are in possession of reef fish. For these MPAs, transit means
non-stop progression through the area and fishing gear appropriately
stowed is defined in 50 CFR 622.34(a)(4)(i) through (iv). This final
rule prohibits the possession of Gulf reef fish in the MPAs even when
transiting unless the vessel was issued a valid Federal commercial
permit for Gulf reef fish, which requires an operating satellite-based
VMS. All fishing gear needs to be appropriately stowed.
Comments and Responses
NMFS did not receive any comments during the public comment period
for the proposed rule for the framework action and therefore no changes
were made to this proposed rule as a result of public comment.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the framework amendment, the Reef Fish FMP, the
Magnuson-Stevens Act, and other applicable laws.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. As a result, a
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Marine protected area, Reef
fish.
Dated: July 13, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 622.34 by:
0
a. Revising the paragraph heading and adding paragraph (a) introductory
text;
0
b. Revising paragraphs (a)(2) and (3); and
0
c. Removing paragraphs (a)(5) and (6).
The revisions read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
(a) Closure provisions applicable to the Madison and Swanson sites,
Steamboat Lumps, and the Edges. For the purpose of this paragraph (a),
fish means finfish, mollusks, crustaceans, and all other forms of
marine animal and plant life other than marine mammals and birds. The
provisions of this paragraph (a) do not apply to Atlantic highly
migratory species, such as tunas, billfishes, and oceanic sharks. See
50 CFR part 635 for any provisions applicable to fishing for or
possession of
[[Page 38418]]
Atlantic highly migratory species in these areas.
* * * * *
(2) Within the Madison and Swanson sites and Steamboat Lumps:
Fishing is prohibited year-round; possession of Gulf reef fish is
prohibited year-round except when such possession is on a vessel that
has been issued a valid Federal commercial permit for Gulf reef fish,
has an operating satellite-based VMS unit, and is in transit with
fishing gear stowed as specified in paragraph (a)(4) of this section;
and possession of any non-Gulf reef fish species is prohibited year-
round, except for such possession on a vessel in transit with fishing
gear stowed as specified in paragraph (a)(4) of this section.
(3) Within the Edges during January through April each year, all
fishing is prohibited and the possession of any fish species is
prohibited, except for such possession on a vessel in transit with
fishing gear appropriately stowed as specified in paragraph (a)(4) of
this section.
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[FR Doc. 2021-15202 Filed 7-20-21; 8:45 am]
BILLING CODE 3510-22-P
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