Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules 46205 

Common name Scientific name Where listed Status Listing citations and applicable rules 

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FISHES

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Darter, candy ................... Etheostoma osburni ....... Wherever found .............. T [Federal Register citation when published as a 

final rule]. 

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Dated: September 7, 2017. 

James W. Kurth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–21351 Filed 10–3–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170823802–7802–01] 

RIN 0648–BG82 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery of the Gulf of Mexico; 

Amendment 17B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 17B to the 

Fishery Management Plan for the 

Shrimp Fishery of the Gulf of Mexico 

U.S. Waters, (FMP), as prepared and 

submitted by the Gulf of Mexico (Gulf) 

Fishery Management Council (Council). 

This proposed rule would allow for the 

creation of a Federal Gulf shrimp 

reserve pool permit when certain 

conditions are met, and would allow 

non-federally permitted Gulf shrimp 

vessels to transit through the Gulf 

exclusive economic zone (EEZ). 

Amendment 17B would also define the 

aggregate maximum sustainable yield 

(MSY) and aggregate optimum yield 

(OY), and determine a minimum 

number of commercial vessel 

moratorium permits in the fishery. This 

proposed rule also would make 

technical corrections to the regulations 

that would revise the coordinates for the 

Tortugas shrimp sanctuary in the Gulf, 

and correct the provisions regarding the 

harvest and possession of wild live rock 

in Gulf Federal waters. The purpose of 

this proposed rule and Amendment 17B 

is to protect federally managed Gulf 

shrimp stocks while maintaining catch 

efficiency, economic efficiency, and 

stability in the fishery. 

DATES: Written comments must be 

received on or before November 3, 2017. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2017–0040’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0040, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Frank Helies, Southeast Regional Office, 

NMFS, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

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 www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

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 Amendment 17B, 

which includes an environmental 

assessment, a Regulatory Flexibility Act 

(RFA) analysis, and a regulatory impact 

review, may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov/sustainable_

fisheries/gulf_fisheries/shrimp/2017/ 

am17b/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, telephone: 727–824–5305, 

or email: Frank.Helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

shrimp fishery in the Gulf is managed 

under the FMP. The FMP was prepared 

by the Council and implemented 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

This document also proposes to 

designate the unidentified tables in 

§ 622.55 to bring the section into 

compliance with the requirements of 1 

CFR 8.1 and 8.2 and with the Office of 

the Federal Register’s Document 

Drafting Handbook (https://

www.archives.gov/files/federal-register/ 

write/handbook/ddh.pdf) section 7.4. 

Background 

From 2003 to 2006, the Gulf shrimp 

fishery experienced significant 

economic losses, primarily as a result of 

high fuel costs and reduced prices 

caused by competition with imports. 

These economic losses contributed to a 

reduction in the number of vessels in 

the fishery, and consequently, a 

reduction of commercial effort. During 

that time, commercial vessels in the 

Gulf shrimp fishery were required to 

have an open-access permit. In 2006, to 

prevent overcapitalizing the fishery 

when it became profitable again, the 

Council established a 10-year freeze on 

the issuance of new shrimp permits and 

created a limited access Federal Gulf 

shrimp moratorium permit (moratorium 

permit) (71 FR 56039, September 26, 

2006). In 2016, the Council extended the 

duration of the Gulf shrimp moratorium 

permit program for another 10 years in 

Amendment 17A to the FMP (81 FR 

47733, July 22, 2016). 

During the development of 

Amendment 17A, the Council identified 

several other issues with the Gulf 

shrimp fishery that it wanted addressed. 

First, MSY and OY (equal to MSY), are 

defined individually for the three 

penaeid shrimp species and for royal 

red shrimp. Second, the number of 

moratorium permits has continued to 

decline and the Council is concerned 

that the decline in total permits will 

continue indefinitely. Finally, transit 

through Federal waters (Gulf EEZ) with 

shrimp on board currently requires a 

moratorium permit, which limits the 


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ability of a state-registered vessel to 

navigate in certain areas of the Gulf 

while engaged in shrimping. 

Amendment 17B was developed to 

address these issues through revisions 

to management reference points and the 

Gulf shrimp permit program while 

maintaining catch efficiency, economic 

efficiency, and stability in the fishery. 

Management Measures Codified 

Through in This Proposed Rule 

This proposed rule would allow for 

the creation of a Federal Gulf shrimp 

reserve pool permit when certain 

conditions are met and would allow 

non-federally permitted Gulf shrimp 

vessels to transit through the Gulf EEZ. 

Federal Gulf Shrimp Reserve Pool 

Permit 

Currently, moratorium permits are 

valid for 1 year and are required to be 

renewed annually. If the permit is not 

renewed within 1 year of its expiration 

date, the permit is no longer renewable 

and is terminated. A terminated permit 

cannot be reissued by NMFS and is lost 

to the fishery. 

As of December 31, 2016, there were 

1,441 moratorium permits that were 

valid or renewable. Since the start of the 

permit moratorium, a total of 493 

moratorium permits have been 

terminated. As described in 

Amendment 17B, when the number of 

valid or renewable moratorium permits 

reaches 1,072, then any moratorium 

permits that are not renewed within 1 

year of expiration would be converted to 

a Gulf shrimp reserve pool permit. This 

number is based on the predicted 

number of active permitted vessels 

needed to attain aggregate OY in the 

offshore fishery. As explained further 

below, the aggregate OY accounts for 

relatively high catch per unit effort 

(CPUE) and landings while reducing the 

risk of exceeding sea turtle and juvenile 

red snapper bycatch. 

As described in Amendment 17B, the 

Council estimates that it could take up 

to 24 years to reach the threshold value 

of 1,072 valid or renewable moratorium 

permits. Therefore, any Gulf shrimp 

reserve pool permit that is created 

would not be issued until eligibility 

requirements are developed by the 

Council and implemented through 

subsequent rulemaking. Depending on 

such future Council action on eligibility 

requirements, Gulf shrimp reserve pool 

permits could be used as a method to 

allow new entrants into the fishery or to 

allow persons who previously held a 

moratorium permit to re-enter the 

fishery. 

Transit Provisions for Shrimp Vessels 

Without a Federal Permit 

Currently, to possess Gulf shrimp in 

the Gulf EEZ, a vessel must have been 

issued a moratorium permit. In the Gulf, 

there are some areas where state-only 

licensed shrimpers would like to transit 

with shrimp on board from state waters 

through Federal waters to return to state 

waters and port. However, because these 

state-licensed shrimping vessels do not 

possess a moratorium permit, they 

cannot legally transit through the Gulf 

EEZ while possessing shrimp. This 

results in some of these vessels 

spending increased time at sea and 

incurring additional fuel costs because 

of longer transit times. 

The proposed rule would allow a 

vessel possessing Gulf shrimp to transit 

the Gulf EEZ without a valid 

moratorium permit if fishing gear is 

appropriately stowed. Transit would be 

defined as non-stop progression through 

the area; fishing gear appropriately 

stowed would mean trawl doors and 

nets must be out of the water and the 

bag straps must be removed from the 

net. This transit exemption is expected 

to reduce the time at sea required for 

some shrimpers, while allowing 

enforcement to easily determine that the 

gear is not being used for fishing. 

Measures Contained in Amendment 

17B but Not Codified Through This 

Proposed Rule 

Amendment 17B would specify the 

aggregate MSY and aggregate OY for the 

Federal Gulf shrimp fishery, and 

determine a minimum number of 

moratorium permits in the fishery. 

Aggregate MSY and OY 

After extending the duration of the 

Gulf shrimp moratorium permit 

program for another 10 years, and 

recognizing that the moratorium results 

in a passive loss of permits from the 

fishery, the Council decided to 

determine an appropriate minimum 

number of moratorium permits. To 

facilitate this determination, the Council 

decided to establish an aggregate MSY 

and OY for the Federal Gulf shrimp 

fishery. In Amendment 15 to the FMP, 

the Council established species specific 

MSYs and OYs for penaeid shrimp (80 

FR 74711, November 30, 2015). MSY 

and OY were established for royal red 

shrimp in the original FMP (46 FR 

27489, May 20, 1981). Additionally, 

Amendment 13 to the FMP revised the 

MSY and OY for royal red shrimp (71 

FR 56039, September 26, 2006). 

However, the shrimp permit is not 

species specific and an aggregate MSY 

and OY for all federally managed 

shrimp species (penaeid and royal red) 

can be used as references points for the 

shrimp fishery as whole. 

In March 2016, the Council convened 

a working group to determine the 

appropriate aggregate MSY and 

aggregate OY for the Gulf shrimp fishery 

in Federal waters. To determine the 

aggregate MSY, the working group used 

the same general approach established 

by a 2006 working group, but included 

the most recent years of catch and effort 

data through 2014. The working group 

also determined that there were four 

important factors to consider when 

establishing aggregate OY: Landings, 

CPUE, sea turtle bycatch threshold, and 

juvenile red snapper bycatch. The 

working group concluded that the 

predicted effort and associated landings 

in 2009 balanced all of these criteria 

relative to observed levels in other 

years. 

Amendment 17B proposes using the 

method developed by the working group 

to establish aggregate MSY for the 

Federal Gulf shrimp fishery at 

112,531,374 lb (51,043,373 kg), tail 

weight. Amendment 17B also would 

establish aggregate OY for the Gulf 

shrimp fishery equal to 85,761,596 lb 

(38,900,806 kg), tail weight, which is the 

aggregate MSY reduced for the 

ecological, social, and economic factors 

described above. 

Minimum Threshold Number of Gulf 

Shrimp Moratorium Permits 

As noted above, as of December 31, 

2016, there were 1,441 moratorium 

permits that were valid or renewable, 

and, at the current rate of termination, 

the minimum threshold number of 

permits selected by the Council, 1,072 

permits, will be reached in 24 years. 

This minimum threshold number of 

valid or renewable moratorium permits 

is based on the predicted number of 

active permitted vessels needed to 

achieve aggregate OY in the offshore 

fishery. Aggregate OY accounts for 

relatively high CPUE and landings, 

while reducing the risk of exceeding sea 

turtle and juvenile red snapper bycatch. 

Neither this proposed rule nor 

Amendment 17B actively removes any 

moratorium permits. The minimum 

threshold is only for purposes of 

monitoring changes in fishery 

participation and determining whether 

additional management measures 

should be established. 

As specified in Amendment 17B, 

when the number of moratorium 

permits declines to 1,175, the Council 

would form a panel to review details of 

the reserve permit pool and other 

options for management. The Council’s 

Shrimp Advisory Panel (AP) suggested 


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Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules 46207 

the review panel should meet when 

1,300 valid and renewable permits 

remain, but the Council determined that 

the review panel should meet when the 

number of permits was closer to the 

threshold number of 1,072 permits. The 

panel would consist of the Council’s 

Shrimp AP members, Science and 

Statistical Committee members, NMFS, 

and Council staff. This panel could 

make recommendations about how to 

utilize a Gulf shrimp vessel permit 

reserve pool. The development of 

additional details for the pool permits 

will occur through a plan amendment or 

framework action, as appropriate, at a 

later date, when additional available 

information about the status of the Gulf 

shrimp fishery may be available. 

Measures in This Proposed Rule Not 

Contained in Amendment 17B 

In addition to the measures described 

in Amendment 17B, this proposed rule 

would revise the coordinates for the 

Tortugas shrimp sanctuary in the Gulf 

that were established in the original 

Shrimp FMP; and clarify the regulations 

for the harvest and possession of wild 

live rock in Gulf Federal waters, as 

established in the FMP for Coral and 

Coral Reefs of the Gulf of Mexico (Coral 

FMP). 

The original FMP established the 

Tortugas shrimp sanctuary on May 20, 

1981, which was implemented with 

cooperation from of the state of Florida 

(46 FR 27489, May 20, 1981), and which 

is currently defined at 50 CFR 

622.55(c)(1). Since that time, there have 

been numerous advances in 

geographical positioning systems that 

describe the physical locations (such as 

lights) used to define the boundary of 

the Tortugas shrimp sanctuary. NMFS 

and the state of Florida have determined 

that several positions for the points 

defining the boundary of the sanctuary 

are no longer consistent with the most 

recent published coordinates in Federal 

navigation references and current 

positioning systems, such as Global 

Positioning Systems. For example, Point 

N (Coon Key Light) is currently 

described as being located at 25°52′9′′ 

North Latitude and 81°37′9′′ West 

Longitude. However, using current 

technology that is reflected in recently 

U.S navigational publications, NMFS 

and the state of Florida have noted that 

this point is actually located at 

25°52′54′′ North Latitude and 81°37′56′′ 

West Longitude. Therefore, this 

proposed rule would revise the 

positions for Points N, F, G, H, and P to 

reflect current technology, for 

consistency with the current U.S. Coast 

Guard Light List, the U.S. Coast Pilot, 

and the state of Florida, and for 

consistency in units of position. For 

consistency, the state of Florida is also 

updating these positions. Only these 

technical corrections for the coordinates 

would be made to the language of the 

regulations; this proposed rule would 

not make any substantive changes in the 

regulations specific to the management 

measures for the Tortugas shrimp 

sanctuary. 

This proposed rule also would revise 

the prohibited species regulations for 

wild live rock, as established in the 

Coral FMP. In 1994, the final rule 

implementing Amendment 2 to the 

Coral FMP established a prohibition on 

the harvest and possession of wild live 

rock in the Gulf EEZ to begin on January 

1, 1997 (59 FR 66776, December 28, 

1994). The following year, the final rule 

implementing Amendment 3 to the 

Coral FMP established an annual quota 

for wild live rock from the Gulf EEZ to 

apply before the prohibition would take 

effect (60 FR 56533, November 9, 1995). 

The prohibition on harvest beginning in 

1997, and the quota were originally 

codified at 50 CFR 638.26(c) and (d), 

and the quota provision included 

prohibitions on harvest and possession 

and on sale and purchase when a quota 

closure occurs. When NMFS 

reorganized the 50 CFR part 622 

regulations in 1996, the prohibition on 

harvest and possession and the quota 

provisions were moved to 50 CFR 

622.42(b)(2) and 622.43(a)(2)(ii) (61 FR 

34930, July 3, 1996). In 1999, NMFS 

issued a final rule for a Technical 

Amendment to its regulations in 50 CFR 

part 622 in order to revise a variety of 

regulations for clarity, consistency in 

terms, and the removal of outdated 

regulations (64 FR 59125, November 2, 

1999). Because the harvest of wild live 

rock in the Gulf was discontinued at the 

end of 1996, the final rule for the 

Technical Amendment removed several 

provisions related to harvest, including 

the quota and the associated 

prohibitions on harvest and possession 

and on sale and purchase, when a quota 

closure occurs. That final rule also 

added a general restriction on sale and 

purchase of wild live rock from the Gulf 

EEZ, which remains in effect today. 

However, NMFS recently became aware 

that the rule inadvertently failed to also 

add the general restriction on the 

harvest and possession of wild live rock 

in or from the Gulf EEZ. In this 

proposed rule, NMFS corrects this error 

by adding the Gulf EEZ wild live rock 

prohibition at 622.73(c). 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with Amendment 17B, the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Magnuson-Stevens Act provides 

the legal basis for this proposed rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting and recordkeeping requirements are introduced by 

this proposed rule. Accordingly, the 

Paperwork Reduction Act does not 

apply to this proposed rule. A 

description of this proposed rule, why 

it is being considered, and the purposes 

of this proposed rule are contained in 

the preamble and in the SUMMARY

section of the preamble. The objectives 

of this proposed rule are to establish the 

appropriate metrics to manage the 

shrimp fishery, maintain increases in 

catch efficiency, maintain landings at or 

near aggregate OY, promote economic 

efficiency and stability in the fishery, 

provide flexibility for state registered 

shrimp vessels, protect federally 

managed Gulf shrimp stocks, correct 

coordinates for the Tortugas sanctuary 

in the Federal regulations so they are 

consistent with published coordinates 

in Federal navigation references and 

current positioning systems, and correct 

the regulations to clarify that harvest 

and possession of wild live rock in or 

from the Gulf EEZ is prohibited. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. A 

description of the factual basis for this 

determination follows. Estimates in the 

factual basis are based on 2011–2014 

data, and all monetary estimates are in 

2014 dollars, consistent with the data 

and estimates in Amendment 17B. 

This proposed rule, if implemented, 

would establish an aggregate MSY of 

112,531,374 lb (51,043,373 kg), tail 

weight, and an aggregate OY of 

85,761,596 lb (38,900,806 kg), tail 

weight, for the Federal Gulf shrimp 

fishery; establish a minimum threshold 

of 1,072 Gulf shrimp moratorium 

permits; establish how the Council will 

respond if and when the minimum 

threshold is reached; and allow shrimp 

vessels without Federal permits to 

transit through Federal waters in the 

Gulf when they have shrimp on board. 

This proposed rule also would make 

technical corrections to the regulations 


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46208 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules 

that would revise the coordinates for the 

Tortugas shrimp sanctuary in the Gulf 

and clarify the provisions regarding the 

harvest and possession of wild live rock 

in Gulf Federal waters. 

The action to revise the coordinates 

for the Tortugas shrimp sanctuary in the 

Gulf is purely administrative in nature 

and thus would not directly regulate or 

affect any entities. In addition, the 

action to correct the regulations for wild 

live rock in Gulf Federal waters adds the 

previously established prohibition on 

the harvest and possession, consistent 

with the regulations implemented as a 

result of Amendment 2 and Amendment 

3 to the Coral FMP. Currently, because 

the sale of wild live rock is prohibited 

under the existing regulations, harvest 

of wild live rock for commercial 

purposes, and thus by business entities, 

is prohibited. As such, any harvest that 

may be occurring as a result of 

uncertainty regarding the current 

regulations would be by individuals 

who are retaining wild live rock for 

personal use. However, individuals 

engaged in such activities are not 

considered entities under the RFA. 

This proposed rule is expected to 

directly regulate businesses that possess 

Federal Gulf shrimp moratorium 

permits as well as shrimp vessels that 

do not possess these permits but transit 

through Federal waters. As of January 1, 

2017, there were 1,440 vessels with 

valid or renewable Gulf shrimp 

moratorium permits. Although some 

vessels are thought to be owned by 

businesses with the same or very similar 

individual owners, ownership data 

regarding the businesses that possess 

these permits is incomplete, and thus it 

is not currently feasible to accurately 

determine affiliations between vessels 

and the businesses that own them. 

NMFS is making changes to its permit 

application forms so that such 

determinations can be accurately made 

for future regulatory actions in this 

fishery. Also, NMFS does not possess 

data that would indicate how many 

vessels without Federal permits could 

harvest shrimp in the Gulf and choose 

to transit through Federal waters. 

However, available landings data in 

recent years indicate that as many as 

3,800 vessels without Federal permits 

harvested shrimp in the Gulf. NMFS 

does not possess any ownership data for 

these vessels. Thus, it is not currently 

feasible to accurately determine the 

number of individual businesses these 

3,800 vessels represent. While it will 

result in an overestimate of the actual 

number of businesses directly regulated 

by this proposed rule, for the purposes 

of this analysis, it is assumed that each 

vessel is independently owned by a 

single business. Therefore, this 

proposed rule would be expected to 

directly regulate 5,240 businesses. 

For vessels with Gulf shrimp 

moratorium permits, annual gross 

revenue was about $381,000 on average 

from 2011 through 2014, of which 

approximately $343,000 came from 

commercial fishing operations. Net 

revenue for these vessels was about 

$43,000, while net revenue from 

commercial fishing operations was 

approximately $8,300. For vessels 

without Gulf shrimp moratorium 

permits, annual gross revenue was about 

$85,000 on average in 2012, of which 

approximately $64,000 came from 

commercial fishing operations. Net 

revenue was about $16,000, while net 

revenue from commercial fishing 

operations was approximately ¥$5,000. 

From 2011 through 2014, the greatest 

average annual gross revenue earned by 

a single vessel (business) was 

approximately $1.85 million. 

On December 29, 2015, NMFS issued 

a final rule establishing a small business 

size standard of $11 million in annual 

gross receipts (revenue) for all 

businesses primarily engaged in the 

commercial fishing industry (NAICS 

code 11411) for RFA compliance 

purposes only (80 FR 81194, December 

29, 2015). In addition to this gross 

revenue standard, a business primarily 

involved in commercial fishing is 

classified as a small business if it is 

independently owned and operated, and 

is not dominant in its field of operations 

(including its affiliates). 

Based on the information above, all 

businesses directly regulated by this 

proposed rule are determined to be 

small businesses for the purpose of this 

analysis. Therefore, it is determined that 

this proposed rule will affect a 

substantial number of small businesses. 

Aggregate MSY is a biological 

reference point. In general, establishing 

biological and other reference points in 

fisheries does not directly regulate any 

entities and therefore is not expected to 

alter domestic prices, landings, or the 

harvesting behavior of vessels. As such, 

the action to establish aggregate MSY is 

not expected to directly affect any small 

entities in the Gulf shrimp fishery. 

Similarly, aggregate OY specifies the 

level of harvest that is expected to 

maximize net benefits to the Nation. 

Though not purely biological, aggregate 

OY is also a reference point. Thus, the 

action to establish aggregate OY does 

not directly regulate any entities and 

would also not be expected to alter 

domestic prices, landings, or the 

harvesting behavior of vessels in the 

Gulf shrimp fishery. As such, the action 

to establish aggregate OY is not 

expected to directly affect any small 

entities. 

The action to establish a minimum 

number of 1,072 Gulf shrimp 

moratorium permits would not actively 

remove Gulf shrimp moratorium 

permits from the Federal fishery. Rather, 

it would continue to allow a passive 

reduction in the number of valid or 

renewable Gulf shrimp moratorium 

permits, as permits terminate due to not 

being renewed in a timely manner, until 

the minimum number is reached. As a 

result, this action is not expected to 

directly regulate or affect any small 

entities. 

The action to establish the Council’s 

response when the number of valid and 

renewable permits reaches or 

approaches the minimum number of 

permits is also administrative, or 

procedural, in nature. If the number of 

valid and renewable permits reaches the 

minimum number, any permits that are 

not renewed within 1 year of the 

expiration date on the permit will go 

into a reserve pool. However, these 

reserve pool permits will not be issued, 

and therefore cannot be used to harvest 

shrimp in Federal waters, until 

eligibility requirements are established. 

This action also establishes a 

requirement for the Council to convene 

a review panel once the number of valid 

and renewable permits reaches 1,175. 

This action would not be expected to 

alter domestic shrimp prices, landings, 

or the harvesting behavior of shrimp 

vessels in the Gulf, and therefore is also 

not expected to directly affect any small 

entities. 

The action to allow vessels without a 

Gulf shrimp moratorium permit to 

possess shrimp when transiting through 

Federal waters if the gear is 

appropriately stowed would be 

expected to directly affect these vessels. 

Specifically, under current regulations, 

these vessels are not allowed to transit 

through Federal waters and instead 

must often take a longer route between 

their home ports and where they harvest 

shrimp, resulting in longer transiting 

times and distances, and therefore 

higher fuel expenses. Although 

quantitative estimates of these 

additional fuel expenses are not 

available, this action would be expected 

to reduce fuel expenses for these 

vessels, which would result in direct 

but positive economic effects on these 

small entities. 

Based on the information above, a 

reduction in profits for a substantial 

number of small entities is not expected 

as a result of this proposed rule. Thus, 

an initial regulatory flexibility analysis 

is not required and none has been 

prepared. 


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List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, Gulf, 

Permits, Shrimp. 

Dated: September 27, 2017. 

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 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: 

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

■ 2. In § 622.50, revise paragraph 

(b)(3)(ii), and add paragraphs (b)(3)(iii) 

and (e) to read as follows: 

§ 622.50 Permits, permit moratorium, and 

endorsements. 

* * * * * 

(b) * * * 

(3) * * * 

(ii) Except as provided for in 

paragraph (b)(3)(iii) of this section, a 

commercial vessel moratorium permit 

for Gulf shrimp that is not renewed will 

be terminated and will not be reissued 

during the moratorium. A permit is 

considered to be not renewed when an 

application for renewal, as required, is 

not received by the RA within 1 year of 

the expiration date of the permit. 

(iii) When NMFS has determined that 

the number of commercial vessel 

moratorium permits for Gulf shrimp has 

reached the threshold number of 

permits as described in the FMP, then 

a commercial vessel moratorium permit 

for Gulf shrimp that is not renewed will 

be converted to a Gulf shrimp reserve 

pool permit and held by NMFS for 

possible reissuance. Gulf shrimp reserve 

pool permits will not be issued until 

eligibility requirements are developed 

and implemented through subsequent 

rulemaking. 

* * * * * 

(e) Gulf shrimp transit provision. A 

vessel that does not have a valid Gulf 

shrimp moratorium permit, as described 

in paragraphs (a) and (b) of this section, 

may possess Gulf shrimp when in 

transit in the Gulf EEZ provided that the 

shrimp fishing gear is appropriately 

stowed. For the purposes of this 

paragraph, transit means non-stop 

progression through the Gulf EEZ. 

Fishing gear appropriately stowed 

means trawl doors and nets must be out 

of the water and the bag straps must be 

removed from the net. 

■ 3. Amend § 622.55 by: 

■ a. Designating the table in paragraph 

(b) as Table 1 to paragraph (b); 

■ b. Revising paragraph (c)(1); 

■ c. Designating the table after 

paragraph (d)(2) as Table 3 to paragraph 

(d), the table after paragraph (d)(3) as 

Table 4 to paragraph (d), and the table 

after paragraph (d)(4) as Table 5 to 

paragraph (d); 

■ d. In paragraph (e) designating the 

table as Table 6 to paragraph (e). 

The revision to read as follows: 

§ 622.55 Closed area. 

* * * * * 

(c) * * * 

(1) The Tortugas shrimp sanctuary is 

closed to trawling. The Tortugas shrimp 

sanctuary is that part of the EEZ off 

Florida shoreward of rhumb lines 

connecting, in order, the following 

points: 

TABLE 1 TO PARAGRAPH (c)(1) 

Point North lat. West long. 

N 1 ............................................................................................................................................................................ 25°52′54′′ 81°37′56′′ 

F ............................................................................................................................................................................... 24°50′42′′ 81°51′18′′ 

G 2 ............................................................................................................................................................................ 24°40′00′′ 82°26′39′′ 

H 3 ............................................................................................................................................................................ 24°34′44′′ 82°35′27′′ 

P4 ............................................................................................................................................................................ 24°35′00′′ 82°08′00′′ 

1 Coon Key Light. 

2 New Ground Shoals Light. 

3 Rebecca Shoals Light. 

4 Marquesas Keys. 

* * * * * 

■ 4. In § 622.73, add paragraph (c) to 

read as follows: 

§ 622.73 Prohibited species. 

* * * * * 

(c) Wild live rock may not be 

harvested or possessed in or from the 

Gulf EEZ. 

[FR Doc. 2017–21039 Filed 10–3–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 170630616–7875–01] 

RIN 0648–BH00 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Commercial Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advanced notice of proposed 

rulemaking; request for comments. 

SUMMARY: This advanced notice of 

proposed rulemaking provides 

information on a request by the Pacific 

Fishery Management Council (Council) 

to announce deliberations of potential 

accumulation limits for Catcher 

Processor Permit use or ownership in 

the Pacific Coast groundfish fishery. The 

Council may not count any acquisition 

and usage of Catcher Processor permits 

and/or usage of Catcher Processor 

allocation after the date of June 13, 

2017, in any decision setting 

accumulation limits. NMFS invites 

comments on this document. 

DATES: Written comments must be 

received by November 3, 2017. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

‘‘NOAA–NMFS–2017–0109’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 


sradovich on DSK3GMQ082PROD with PROPOSALS