[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27485-27489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 980513127-8127-01; I.D.050598A]
RIN 0648-AL15


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Data Collection

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 27486]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Interim rule; request for comments.

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SUMMARY: This interim rule requires vessels in the shrimp fishery of 
the Gulf of Mexico to maintain and submit fishing records, to carry a 
NMFS-approved observer, and/or to carry a vessel monitoring system unit 
(VMS unit), if selected by NMFS to do so. This rule also informs the 
public of the approval by the Office of Management and Budget (OMB) of 
the collection-of-information requirements contained in this rule and 
publishes the OMB control numbers for these collections. The intended 
effect of this rule is to collect information on the operational 
effectiveness of bycatch reduction devices (BRDs) in shrimp trawls in 
reducing the mortality of juvenile red snapper, and, thereby, to 
determine management measures necessary to reduce overfishing of red 
snapper.

DATES: This rule is effective on May 14, 1998, through November 16, 
1998. Comments must be received no later than June 18, 1998.

ADDRESSES: Comments on this interim rule must be sent to, and copies of 
documents supporting this rule may be obtained from, the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St Petersburg, 
FL 33702.
    Comments regarding the collection-of-information requirements 
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, Washington, DC 20503 (Attention: NOAA 
Desk Officer).

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, phone: 813-570-5305 
or fax: 813-570-5583.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Shrimp 
Fishery of the Gulf of Mexico (FMP) was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Background

    Shrimp trawls have a significant bycatch of non-target finfish and 
invertebrates, most of which are discarded dead. In particular, the 
shrimp fishery bycatch in the Gulf of Mexico includes a high mortality 
of juvenile (ages 0 and 1) red snapper, a valuable reef fish species 
for commercial and recreational fisheries. The red snapper stock of the 
Gulf of Mexico is overfished. Red snapper stock assessments prepared in 
1995 and 1997 indicated that shrimp trawl bycatch of red snapper must 
be reduced to rebuild the red snapper resource to a spawning potential 
ratio (SPR) of 20 percent by the year 2019. The Council's Fishery 
Management Plan for the Reef Fish Resources of the Gulf of Mexico 
establishes the 20 percent SPR level as its goal for rebuilding the red 
snapper stock.
    The Council developed FMP Amendment 9 to require the use of NMFS-
certified BRDs in shrimp trawls towed in the Gulf of Mexico exclusive 
economic zone (EEZ), shoreward of the 100-fm (183-m) depth contour west 
of 85 deg.30' W. long., the approximate longitude of Cape San Blas, 
Florida. To be certified, these BRDs must meet the FMP's bycatch 
reduction criterion requiring the reduction of shrimp trawl bycatch 
mortality of juvenile red snapper by a minimum of 44 percent from the 
average level of mortality of these age groups during 1984-89. 
Additional background on BRDs and the Council's rationale for requiring 
their use are contained in the preamble for the proposed and final 
rules implementing Amendment 9 (62 FR 35774, July 2, 1997; 63 FR 18139, 
April 14, 1998), and are not repeated here.
    NMFS published an interim rule (63 FR 18144, April 14, 1998) to 
reserve part of the 1998 Gulf of Mexico red snapper total allowable 
catch (TAC) and to establish a procedure for releasing all or part of 
the reserved part of the TAC to commercial and recreational red snapper 
fisheries on September 1, 1998, based on the results of an immediate 
and major research effort to evaluate the effectiveness of BRDs in 
reducing juvenile red snapper bycatch mortality. This rule establishes 
regulations to govern this research program; the research effort will 
begin with the issuance of this rule.

Description of Research Program

    The focus of the research program is to determine the operational 
effectiveness of NMFS-certified BRDs in the shrimp trawl fishery and to 
improve the data used for assessing the status of the red snapper 
stock. This information will be obtained by evaluating BRD performance, 
BRD exclusion mortality (mortality of juvenile red snapper excluded by 
the BRD), and industry compliance with the BRD requirements. The 
information will be used by NMFS to determine what portion of the 
reserved red snapper TAC may be released for harvest on September 1, 
1998.
    BRD performance will be measured by observers placed on as many as 
100 shrimp vessels during the period May 14, 1998, through August 15, 
1998. The observers will collect red snapper bycatch data (i.e., number 
of red snapper in the BRD-equipped net compared to the number in a 
control net) to determine the reduction in bycatch mortality on a tow-
by-tow basis. Survival of red snapper after they leave the BRDs will 
also be examined. NMFS enforcement personnel will document the level of 
industry compliance with the BRD regulations during at-sea boardings 
and dock-side inspections.
    The research program will also focus on improving estimates of 
shrimp fishing effort to be used in calculations of the shrimp 
fishery's total red snapper bycatch (i.e., improving scientific 
estimates of the total bycatch mortality of red snapper in the shrimp 
fishery). This will involve the use of interviews, logbooks, and VMS 
unit surveillance in the shrimp fleet. A vessel logbook will be used to 
collect data on shrimp fishing effort and location. Selected vessels 
will be required to report data on the number and average duration of 
tows, the number of nets used, the size of the trawl opening, the 
length of the head rope, the total pounds of shrimp caught, and the 
type of BRD used. VMS units aboard vessels will be used to transmit 
vessel position, course, and speed in encrypted form via satellite or 
cellular phone to a land-based data acquisition system. This 
information will be used to evaluate the accuracy of logbook reports.
    The observer study will involve NMFS' random selection of 
approximately 100 offshore shrimp trawlers. Owners of vessels selected 
for observer coverage will be required to notify NMFS prior to their 
vessel's departure on a fishing trip. Required notification procedures 
will be specified in the notice of selection sent to the vessel owner. 
Costs associated with carrying the observers will be borne by NMFS, 
except for certain costs associated with a selected vessel's compliance 
with regulations at 50 CFR part 600 regarding observer health and 
safety. NMFS intends to issue a rule shortly amending regulations at 50 
CFR 600.725 and 600.746 that require owners and operators of fishing 
vessels that carry observers to comply with guidelines, regulations, 
and conditions in order to ensure that the vessels are adequate and 
safe for the purposes of carrying an observer and allowing normal 
observer functions. These compliance costs are estimated at

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$6,960 in aggregate for approximately 83 vessels selected to carry 
observers that may not already be in compliance with U.S. Coast Guard 
(USCG) regulations regarding vessel safety and sanitation.
    Approximately 310 shrimp vessels will be required to maintain and 
submit to NMFS logbooks, and approximately 50 will be required to have 
a VMS unit (transponder) installed by NMFS at a cost borne by NMFS. Up 
to 460 shrimp vessels will be selected to participate in the combined 
observer, logbook, and VMS unit programs. Participating vessel owners 
are expected to incur costs of $14,080 in aggregate, or about $30.61 
each. These costs will be the value of the owners' time required to 
participate in the data gathering programs.

Other

    The NMFS Southeast Fisheries Science Center has determined that 
this interim rule is based on the best available scientific 
information. NMFS has determined that this interim rule is consistent 
with the requirements of section 305(c) of the Magnuson-Stevens Act 
regarding the promulgation of interim measures necessary to reduce 
overfishing for a fishery; this rule addressed the overfishing of red 
snapper. Specifically, this rule is necessary to provide improved 
scientific information regarding the effectiveness of BRDs in reducing 
red snapper bycatch mortality in the Gulf shrimp fishery and regarding 
the total shrimp fishing effort. This information is required to 
calculate a more reliable estimate of the total bycatch mortality of 
red snapper in the shrimp fishery for 1998. Based on this estimate, an 
appropriate portion of the red snapper TAC will be released to the 
commercial and recreational fisheries on September 1. Any released 
portion of the TAC, based on the new scientific information and 
calculations resulting from this rule, should maintain the current red 
snapper stock rebuilding program and prevent overfishing of this 
resource.
    NMFS finds that this regulatory action is needed to reduce 
overfishing of red snapper in the Gulf of Mexico. NMFS issues this 
interim rule, effective for no more than 180 days, as authorized by 
section 305(c) of the Magnuson-Stevens Act. This interim rule may be 
extended for an additional 180 days provided that the public has had an 
opportunity to comment on it. Public comments on this interim rule will 
be considered in determining whether to extend it.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere, Department of 
Commerce, has delegated authority to sign material for publication in 
the Federal Register to the Assistant Administrator for Fisheries, 
NOAA.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to obtain estimates of the 
operational efficiencies of BRDs in reducing red snapper bycatch 
mortality, to improve estimates of red snapper bycatch mortality, and, 
thereby, to contribute to reducing overfishing of red snapper in the 
Gulf of Mexico. The AA has also determined that this rule is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This interim rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 553 or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are inapplicable.
    NMFS prepared a Regulatory Impact Review (RIR) that describes the 
expected economic costs and benefits of this rule (see ADDRESSES). The 
RIR notes that most of the costs associated with this rule accrue to 
NMFS in terms of costs of conducting the observer program, the logbook 
program, the VMS unit program, and the allied research that will be 
used in combination with the information derived from observers, 
logbooks, and VMS unit programs. In addition, NMFS is expected to incur 
costs related to enforcing the rule and administrative costs of 
preparing and monitoring the rule. The total NMFS costs for the 
research program are estimated to be $3,110,000. Up to 460 shrimpers 
will be selected for participation in the observer, logbook, and VMS 
programs together. In aggregate, these shrimpers will incur a cost of 
$23,770. This cost includes an estimated $6,960 in aggregate for 
compliance by vessels selected for observers with USCG regulations for 
vessel safety and sanitation required by 50 CFR 600.725 and 600.746, as 
amended by a separate rule NMFS intends to issue shortly. This estimate 
is based on the assumption that a maximum of 83 vessels would have to 
make special efforts to comply with USCG dockside safety inspection 
requirements as a prerequisite for carrying observers. The costs 
related to vessel safety and sanitation are not attributed to this 
interim rule, but rather to USCG regulations. The remainder of the 
total estimated cost is the value of the shrimpers' time required to 
participate in these programs. Since the rule is not expected to have 
any effect on the status quo level of shrimp harvests or shrimp fishing 
effort patterns, no short-term changes in industry costs or benefits 
relative to status quo are expected. The benefits from this rule are 
those associated with providing better information for future 
management decisions regarding the Gulf shrimp and red snapper 
fisheries. These decisions are likely to affect net benefits related to 
the harvest of shrimp and red snapper in future years. However, there 
is no way to quantify these benefits at this time, Copies of the RIR 
are available (see ADDRESSES).
    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 two new collection-of-information requirements 
subject to the PRA--namely, the requirement that, if selected, the 
owner or operator of a vessel in the Gulf of Mexico shrimp fishery must 
(1) notify NMFS in advance of each trip so that a NMFS-approved 
observer may be embarked and (2) have a VMS unit installed and in use 
when at sea. The installation and use of a VMS unit includes five 
elements: Notification to the Special Agent-in-Charge, NMFS, Office of 
Enforcement, Southeast Region (SAC), or his designee as to when the 
vessel will next be in port so that NMFS may install the VMS unit; the 
installation of the unit; the automatic sending of position information 
by the unit; maintenance of the unit by NMFS; and its removal by NMFS. 
These two new requirements have been approved by OMB under OMB control 
number 0648-0343. The public reporting burdens for these collections of 
information are estimated at 5 minutes per response for the observer 
notification requirement and 6 hours per response for installation and 
use of a VMS unit. This rule also contains the collection-of-
information requirement that, if selected, a vessel owner or operator 
must maintain and submit fishing records. Specifically, this rule 
extends to vessels in the shrimp fishery of the Gulf of Mexico the 
requirement approved by OMB under OMB control number 0648-0016. The 
reporting burden is estimated at 10 minutes per response. The estimates 
of public reporting burdens for these collections of information 
include the time for reviewing instructions, searching

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existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collections of information. Send comments 
regarding these burden estimates or any other aspects of the 
collections of information, including suggestions for reducing the 
burdens, to NMFS and OMB (see ADDRESSES).
    The provisions of this interim rule provide the means for further 
scientific evaluation of the operational effectiveness of BRDs for 
reducing the bycatch mortality of juvenile red snapper in the shrimp 
trawl fishery. Absent scientific evidence that BRDs, under operational 
conditions, are more effective in reducing bycatch mortality than was 
previously estimated, the reserved portion of the 1998 red snapper TAC 
will not be released prior to the end of the year. Any delay in 
implementing the provisions contained in this rule would delay any 
potential for releasing the reserved portion of the red snapper TAC 
(i.e., the results of the data collection and research provisions have 
the potential to relieve a restriction in the near future). The 
potential release of reserved red snapper TAC is contingent upon 
positive findings from the outlined data collection and research 
program. Therefore, it is critical to commence this research as soon as 
possible. Accordingly, pursuant to authority set forth at 5 U.S.C. 
553(b)(B), the AA finds that these reasons constitute good cause to 
waive the requirement to provide prior notice and the opportunity for 
prior public comment, as such procedures would be contrary to the 
public interest. Similarly, the need to implement these measures in a 
timely manner, for the reasons expressed above, constitutes good cause 
under authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day 
delay in effective date. Accordingly, this rule is effective on May 14, 
1998.

List of Subjects

15 CFR Part 902
    Reporting and recordkeeping requirements.
50 CFR Part 622
    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 13, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 622 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.


Sec. 902.1  [Amended]

    2. In Sec. 902.1(b), in the table, under 50 CFR, the entry 
``622.9'' is added in numerical order in the left column, and the 
corresponding entry ``-0016 and -0205'' is added in the right column.

50 CFR Chapter VI

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    3. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    4. In Sec. 622.7, paragraph (aa) is added to read as follows:


Sec. 622.7  Prohibitions.

* * * * *
    (aa) Fail to comply with the Gulf shrimp interim measures specified 
in Sec. 622.9.
    (bb) [Reserved]
    5. In subpart A, Sec. 622.9 is added to read as follows:


Sec. 622.9  Gulf shrimp interim measures.

    (a) Vessel logbooks. In addition to the requirements of 
Sec. 622.5(a)(1)(iii), the owner or operator of a vessel that fishes 
for shrimp in the Gulf EEZ who is selected to report by the SRD must 
maintain fishing records on forms available from the SRD. The owner or 
operator must submit completed fishing records to the SRD postmarked 
not later than 7 days after the end of each fishing trip. If no fishing 
occurred during a calendar month, the owner or operator must submit a 
report so stating on one of the forms postmarked not later than 7 days 
after the end of that month. Information to be reported is indicated on 
the form and its accompanying instructions.
    (b) Observer coverage. (1) If a vessel is selected by the SRD for 
observer coverage, the owner or operator of the vessel that fishes for 
shrimp in the Gulf EEZ must carry a NMFS-approved observer aboard the 
vessel.
    (2) When notified in writing by the SRD that his or her vessel has 
been selected to carry a NMFS-approved observer, the owner or operator 
must advise the SRD in writing not less than 5 days in advance of each 
trip of the port, dock, date, and time of departure and the port, dock, 
date, and time of landing.
    (3) An owner or operator of a vessel on which a NMFS-approved 
observer is embarked must:
    (i) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (ii) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the 
transmission and receipt of messages related to the observer's duties.
    (iii) Allow the observer access to and use of the vessel's 
navigation equipment and personnel upon request to determine the 
vessel's position.
    (iv) Allow the observer free and unobstructed access to the 
vessel's bridge, working decks, holding bins, weight scales, holds, and 
any other space used to hold, process, weigh, or store fish.
    (v) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.
    (vi) On or after May 14, 1998, comply with the observer's 
instructions to make an installed bycatch reduction device (BRD) 
inoperative; use of a trawl net with an inoperative BRD in accordance 
with the observer's instructions while the observer is aboard is not a 
violation of Sec. 622.41(h)(1).
    (c) Vessel monitoring. (1) If a vessel is selected by the SRD for 
monitoring, the owner or operator of the vessel that fishes for shrimp 
in the Gulf EEZ must carry a NMFS-supplied vessel monitoring system 
(VMS) unit on board the vessel.
    (2) Upon selection by the SRD for monitoring, the vessel owner or 
operator must advise the Special Agent-in-Charge, NMFS, Office of 
Enforcement, Southeast Region, St. Petersburg, FL (SAC) or his designee 
by telephone (813-570-5344) as to when the vessel will next be in port 
so that NMFS may arrange for installation of the VMS unit. During 
installation of the VMS unit, the owner or operator must provide NMFS 
access to the vessel's on-board power supply.
    (3) After the VMS unit is installed, the vessel owner or operator 
must maintain power to the VMS unit when the vessel is at sea. When the 
vessel is in port, the owner or operator must provide access to the VMS 
unit for maintenance, repair, inspection, or removal.
    (4) No person may interfere with, impede, delay, or prevent the 
installation, maintenance, repair,

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inspection, or removal of a VMS unit or interfere with, tamper with, 
alter, damage, disable, or impede the operation of a VMS unit, or 
attempt any of the same.
[FR Doc. 98-13290 Filed 5-14-98; 3:51pm am]
BILLING CODE 3510-22-F