Proposed Rule2022-09211
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Coral Amendment 10
Primary source
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Published
April 29, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The South Atlantic Fishery Management Council (Council) has submitted Amendment 10 to the Fishery Management Plan (FMP) for the Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce (Secretary), Amendment 10 to the Coral FMP (Coral Amendment 10) would establish a shrimp fishery access area (SFAA) along the eastern boundary of the northern extension of the Oculina Bank Habitat Area of Particular Concern (OHAPC), where trawling for rock shrimp is currently prohibited. Coral Amendment 10 would increase access to historic rock shrimp fishing grounds while maintaining protection of the Oculina deep-water coral ecosystems, provide increased socio-economic benefits to fishers, and increase the likelihood of achieving optimum yield (OY) in the rock shrimp portion of the South Atlantic shrimp fishery.
Full Text
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<title>Federal Register, Volume 87 Issue 83 (Friday, April 29, 2022)</title>
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[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Proposed Rules]
[Pages 25438-25439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09211]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL09
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic
Region; Coral Amendment 10
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of the availability of a proposed fishery
management plan amendment; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 10 to the Fishery Management Plan (FMP) for the
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic
Region (Coral FMP) for review, approval, and implementation by NMFS. If
approved by the Secretary of Commerce (Secretary), Amendment 10 to the
Coral FMP (Coral Amendment 10) would establish a shrimp fishery access
area (SFAA) along the eastern boundary of the northern extension of the
Oculina Bank Habitat Area of Particular Concern (OHAPC), where trawling
for rock shrimp is currently prohibited. Coral Amendment 10 would
increase access to historic rock shrimp fishing grounds while
maintaining protection of the Oculina deep-water coral ecosystems,
provide increased socio-economic benefits to fishers, and increase the
likelihood of achieving optimum yield (OY) in the rock shrimp portion
of the South Atlantic shrimp fishery.
DATES: Written comments must be received on or before June 28, 2022.
ADDRESSES: You may submit comments on Coral Amendment 10, identified by
``NOAA-NMFS-2021-0126,'' by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter ``NOAA-NMFS-2021-0126'' in the Search box. Click the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
<bullet> Mail: Submit written comments to Frank Helies, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
<bullet> Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Coral Amendment 10, which includes a fishery
impact statement, a Regulatory Flexibility Act analysis, and a
regulatory impact review, may be obtained from the Southeast Regional
Office website at <a href="https://www.fisheries.noaa.gov/action/amendment-10-establish-shrimp-fishery-access-area/">https://www.fisheries.noaa.gov/action/amendment-10-establish-shrimp-fishery-access-area/</a>.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#87c1f5e6e9eca9cfe2ebeee2f4c7e9e8e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="a1e7d3c0cfca8fe9c4cdc8c4d2e1cfcec0c08fc6ced7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to the
Secretary for review and approval, partial approval, or disapproval.
The Magnuson-Stevens Act also requires that the Secretary, upon
receiving an FMP or FMP amendment, publish an announcement in the
Federal Register notifying the public that the FMP or FMP amendment is
available for review and comment.
The Council prepared the Coral FMP that is being revised by Coral
Amendment 10. If approved, Coral Amendment 10 would be implemented by
NMFS through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Act.
Background
In 1984, the Council designated a 92-nm\2\ portion of the Oculina
Bank as the OHAPC (49 FR 29607; August 22, 1984). Additionally, the
Council prohibited the use of bottom trawls, bottom longlines, dredges,
fish traps, and fish pots within the OHAPC to mitigate the risk of
damage by fishing gear to Oculina coral. In 2000, the Council further
expanded the protected area in the OHAPC through Amendment 4 to the
Coral FMP (65 FR 37292; June 14, 2000). In 2014, Amendment 8 to the
Coral FMP (Coral Amendment 8) extended the OHAPC northward, including
the area considered in this notification (80 FR 42423; July 17, 2015).
Information on the concentrated shrimp fishing effort in the area
and its economic value to the rock shrimp portion of the shrimp fishery
was discussed by the Council very late in the development of Coral
Amendment 8. During these discussions, rock shrimp fishermen requested
adjustment of the OHAPC boundary and provided coordinates that
comprised the important fishing grounds in that area. Coral Amendment
10 was developed by the Council to explore options to establish an SFAA
within the northern extension of the OHAPC. The Council also developed
Coral Amendment 10 in response to the Presidential Executive Order on
Seafood Competitiveness and
[[Page 25439]]
Economic Growth (E.O. 13921) (85 FR 28471; May 7, 2020). Coral
Amendment 10 would address the recommendation to reduce burdens on
domestic fishing and to increase production within sustainable
fisheries contained in E.O. 13921. This would be accomplished by re-
opening a closed area to commercial fishermen who have lost access to
areas that have been traditionally fished.
While landings and revenue from rock shrimp are highly variable,
peak landings from recent years have fallen far short of maximum
sustainable yield (MSY) and OY levels. Thus, the rock shrimp portion of
the shrimp fishery has been consistently operating well below OY/MSY
levels during this time. The purpose of Coral Amendment 10 is to
increase economic and social benefits to rock shrimp fishermen by
allowing access to historic rock shrimp fishing grounds.
Action Contained in Coral Amendment 10
Coral Amendment 10 would establish an approximately 22-mi\2\ SFAA
along the eastern boundary of the northern extension of the OHAPC,
where fishing for and possessing rock shrimp is currently prohibited.
Within the proposed SFAA, a shrimp vessel with a valid Federal limited
access commercial vessel permit for rock shrimp would be allowed to
bottom trawl for rock shrimp. All other existing restrictions,
including prohibitions on anchoring and the use of bottom longline,
dredge, pot, or trap gear, would remain.
Proposed Rule for Coral Amendment 10
A proposed rule to implement Coral Amendment 10 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the Coral FMP,
Coral Amendment 10, the Magnuson-Stevens Act, and other applicable law.
If that determination is affirmative, NMFS will submit the proposed
rule for publication in the Federal Register for public review and
comment.
Consideration of Public Comments
The Council has submitted Coral Amendment 10 for Secretarial
review, approval, and implementation. Comments on Coral Amendment 10
must be received by June 28, 2022. Comments received during the
respective comment periods, whether specifically directed to Coral
Amendment 10 or the proposed rule, will be considered by NMFS in the
decision to approve, disapprove, or partially approve Coral Amendment
10. Comments received after the comment periods will not be considered
by NMFS in this decision. NMFS will address all comments received on
the amendment or on the proposed rule during their respective comment
periods in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 26, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-09211 Filed 4-28-22; 8:45 am]
BILLING CODE 3510-22-P
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