[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Rules and Regulations]
[Pages 14862-14863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6351]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 000913257-0257-01; I.D. 081800D]
RIN 0648-AO52
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Prohibition of Trap Gear in the
Royal Red Shrimp Fishery in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; extension of expiration date.
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SUMMARY: An emergency interim rule that prohibits the use of trap gear
in the royal red shrimp fishery within the exclusive economic zone
(EEZ) of the Gulf of Mexico is in effect through March 18, 2001. NMFS
extends that emergency interim rule for an additional 180 days. The
intended effect is to prevent gear conflict and overfishing in the
royal red shrimp fishery.
DATES: The expiration date for the emergency interim rule published at
65 FR 56500, September 19, 2000, is extended from March 18, 2001,
through September 14, 2001.
ADDRESSES: Copies of documents supporting this action, such as the
economic analysis and environmental assessment, may be obtained from,
the Southeast Regional Office, NMFS, 9721 Executive Center Drive N.,
St. Petersburg, FL 33702, telephone: 727-570-5325; fax: 727-570-5583.
Comments on any ambiguity or unnecessary complexity arising from
the language used in this emergency interim rule should be directed to
Rod Dalton,
[[Page 14863]]
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The shrimp fishery of the Gulf of Mexico is
managed under the Fishery Management Plan for the Shrimp Fishery of the
Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and was approved and implemented
by NMFS, under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), through
regulations at 50 CFR part 622.
In response to a request from the Council, NMFS published an
interim rule (65 FR 56500, September 19, 2000), under section 305(c)(1)
of the Magnuson-Stevens Act, that prohibits the use of trap gear in the
royal red shrimp fishery within the EEZ of the Gulf of Mexico. This
action was, and remains, necessary to prevent gear conflict and
overfishing in the royal red shrimp fishery.
Under section 305(c)(3)(B) of the Magnuson-Stevens Act, NMFS may
extend the effectiveness of an emergency interim rule for one
additional period of 180 days, provided the public has had an
opportunity to comment on the rule and the Council is actively
preparing an FMP amendment to address the emergency on a permanent
basis. NMFS solicited comments on the initial emergency rule; no public
comments were received. The Council recently adopted final measures for
FMP Amendment 11 that would address gear conflicts in the royal red
shrimp fishery and overfishing of the royal red shrimp resource. If
approved and implemented by NMFS, those measures would replace this
emergency interim rule. The effectiveness of the initial emergency
interim rule is being extended because the potential for gear conflicts
and overfishing remain, and action to address these issues through
Amendment 11 cannot be taken by March 18, 2001.
Additional details concerning the basis for emergency action to
prohibit the use of trap gear in the royal red shrimp fishery are
contained in the preamble to the initial emergency interim rule and are
not repeated here.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that the extension of this emergency interim rule is
necessary to prevent gear conflict and overfishing in the royal red
shrimp fishery. The AA has also determined that this rule is consistent
with the Magnuson-Stevens Act and other applicable laws.
This emergency interim rule has been determined to be not
significant for purposes of E.O. 12866.
NMFS prepared an economic evaluation of the regulatory impacts
associated with the emergency interim rule that is summarized as
follows.
Currently, trap gear is not an authorized gear in the royal red
shrimp fishery in the Gulf of Mexico. Trap gear is not on the list of
authorized fishing gear for this fishery (see 50 CFR 600.725) and,
therefore, is not allowed. However, consistent with the guidelines
contained in 50 CFR 600.725, an individual fisherman may notify the
Council of the intent to use a gear not on the list. Ninety days after
such notification, the individual may use the gear unless regulatory
action is taken to prohibit the use of such gear. The Council was
notified on June 16, 2000, of an intent to use trap gear in the royal
red fishery. This emergency interim rule is designed to maintain the
status quo in the fishery until such time as the Council can prepare
and submit to NMFS for review and approval FMP Amendment 11 that would
prohibit the use of trap gear in the royal red shrimp fishery on a
permanent basis. Because the emergency interim rule is designed to
maintain the status quo situation where trap gear is not authorized in
the royal red shrimp fishery, there are no economic consequences to the
current participants in the fishery.
Copies of the economic evaluation are available (see ADDRESSES).
This extension of the interim rule will help to ensure avoidance of
gear conflict and overfishing in the royal red shrimp fishery until a
more permanent regulatory solution can be implemented. This extension
of the emergency interim rule does not impose new or additional
restrictions, rather, it maintains the status quo condition regarding
allowable gear in the royal red shrimp fishery (i.e., trap gear is not
allowed). Accordingly, under 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. For these same reasons, under 5 U.S.C. 553(d)(3), the AA
finds for good cause that a delay in the effective date of this
emergency interim rule would be contrary to the public interest.
Because prior notice and an opportunity for public comment are not
required to be provided for this emergency interim rule by 5 U.S.C. 553
or any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this emergency
interim rule. Comments should be sent to the Southeast Regional Office
(see ADDRESSES).
Dated: March 6, 2001.
William T. Hogarth
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service .
[FR Doc. 01-6351 Filed 3-13-01; 8:45 am]
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