[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Proposed Rules]
[Pages 63780-63785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26197]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100803319-0475-01]
RIN 0648-BA04
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 63781]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule that would implement actions
identified in a regulatory amendment to the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the
Gulf of Mexico Fishery Management Council (Council). This proposed rule
would reduce the commercial quota for red grouper and, thus, the
combined commercial quota for shallow water grouper (SWG) species, and
require vessels with valid commercial Gulf of Mexico (Gulf) reef fish
permits to mark their buoy gear with the official vessel number. This
rule also proposes minor revisions to codified text, including a
revised definition of buoy gear, re-codification of the commercial and
recreational quotas for greater amberjack, revision of the recreational
accountability measure for greater amberjack, and removal of outdated
language for the red snapper individual fishing quota (IFQ) program.
The intended effect of this proposed rule is to help prevent
overfishing of red grouper while achieving optimum yield (OY) by
reducing red grouper harvest consistent with the findings of the recent
stock assessment for this species, and to implement technical
corrections to the regulations.
DATES: Written comments must be received on or before November 2, 2010.
ADDRESSES: You may submit comments on the proposed rule identified by
0648-BA04 by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
To submit comments through the Federal e-rulemaking portal: http://www.regulations.gov, enter ``NOAA-NMFS-2010-0161'' in the keyword
search, then check the box labeled ``Select to find documents accepting
comments or submissions,'' then select ``Send a comment or
submission.'' NMFS will accept anonymous comments (enter N/A in the
required field if you wish to remain anonymous). You may submit
attachments to electronic comments in Microsoft Word, Excel,
WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this rule will not
be considered.
Copies of the regulatory amendment, which includes an environmental
assessment and a regulatory impact review, may be obtained from the
Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue,
Suite 1100, Tampa, FL 33607; telephone 813-348-1630; fax 813-348-1711;
e-mail [email protected]; or may be downloaded from the
Council's Web site at http://www.gulfcouncil.org/.
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this proposed
rule may be submitted in writing to Rich Malinowski, Southeast Regional
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and OMB,
by e-mail at [email protected], or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from Federally managed fish stocks. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act requires
fishery managers to end overfishing of stocks while achieving OY from
the fishery, and to minimize bycatch and bycatch mortality to the
extent practicable.
Status of Stock
Red grouper were declared overfished and placed under a rebuilding
plan in 2004. A 2007 stock assessment determined that overfishing had
ended and stock biomass had increased to OY. The 2007 assessment showed
the stock was rebuilt and was close to its OY spawning stock biomass
level. With this update in stock status, new regulations were
implemented in 2009 (74 FR 17603), that increased the commercial red
grouper quota from 5.31 million lb (2.41 million kg) to 5.75 million lb
(2.61 million kg) and increased the red grouper recreational bag limit
from 1 fish to 2 fish (within a 4-fish grouper aggregate bag limit). In
the same amendment that established these regulations (Amendment 30B to
the FMP), the Council set red grouper catch limits and catch targets.
The catch limit was set at the equilibrium (i.e., long-term average)
maximum sustainable yield (MSY) or the yield for the current year
corresponding to the fishing mortality at MSY (FMSY). The
catch target was set at the equilibrium OY or the yield for the current
year corresponding to the fishing mortality at OY (FOY).
The objective of the 2009 Southeast Data, Assessment, and Review
(SEDAR) update assessment for Gulf red grouper was to update the 2007
SEDAR 12 red grouper assessment. The 2009 SEDAR update assessment
indicated that the stock continues to be neither overfished nor
undergoing overfishing. However, this update assessment indicated the
stock had declined since 2005. A large part of the decline was
attributed to an episodic mortality event in 2005 (most likely
associated with red tide) that resulted in an approximate 20 percent
mortality of the red grouper stock, in addition to mortalities
resulting from fishing and other natural causes. The hurricanes that
impacted the Gulf region in 2005 are not considered to have contributed
to this decline.
A SEDAR update assessment for Gulf gag was also conducted in 2009.
Recent discussions of how the update assessment treated commercial and
recreational discards prompted the Council to revisit the size
distribution of gag recreational discards and the magnitude of gag
commercial discards at its August 2010 meeting. Concerns regarding gag
discards became apparent because of a discrepancy that resulted from
the discard sizes for headboats, which were assigned using headboat
observer data, and the discard sizes for the private and charter boats,
which were assigned using a combination of the Mote Marine Laboratory
tagging data
[[Page 63782]]
and four fishery-dependent data sources. A consequence of this
assignment was that the imputed size distribution for the private/
charter fleets during the most recent 4 years was unexpectedly narrow
and close to the recreational minimum size limit; however, gag discards
from headboat observer data were not truncated, i.e., observer discard
samples were distributed across a wider representation of gag size
classes.
Therefore, the Council requested the assessment review panel
reexamine the update assessment given these discrepancies in the
discard information. In contrast, red grouper recreational discard
sizes for all recreational vessels were assigned using headboat
observer data and the imputed size distribution was not as truncated,
which results in a much less substantial impact on the outcome of the
assessment. Because the same concerns were not triggered for red
grouper, the Council did not make a similar request to reexamine the
red grouper assessment. However, the Council did recognize the effects
discard estimation could have on the assessment and, therefore,
requested the NMFS Southeast Fisheries Science Center review observer
discard information to determine the magnitude of these effects on red
grouper.
Red Grouper Total Allowable Catch (TAC)
The current red grouper TAC of 7.57 million lb (3.43 million kg),
implemented in 2009 through Amendment 30B to the FMP, must be reduced
to prevent overfishing of red grouper. As a result of the findings of
the 2009 stock assessment update, the Council's Scientific and
Statistical Committee (SSC) recommended an acceptable biological catch
(ABC) level of 6.31 million lb (2.86 million kg). This amount is equal
to 85 percent of the yield at FMSY, which is expected to
result in a less than 50-percent (15- to 45-percent) probability of
overfishing. To reduce this probability of overfishing even further,
the Council set the TAC at the yield associated with FOY,
which is consistent with the method used to set TAC in Amendment 30B to
the FMP. Therefore, a reduced red grouper TAC of 5.68 million lb (2.58
million kg), which is the yield associated with FOY, is
contained in the regulatory amendment.
Allocation
The recreational and commercial allocations for red grouper are
proposed to remain consistent with those established in Amendment 30B
to the FMP. Therefore, 76 percent of the TAC would be allocated to the
commercial sector and 24 percent of the TAC would be allocated to the
recreational sector.
Management Measures Contained in This Proposed Rule
The regulatory amendment would set TAC for 2011 and subsequent
fishing years at the yield associated with FOY of 5.68
million lb (2.58 million kg). Based on the current commercial and
recreational allocations, the proposed TAC would be implemented by
setting the commercial quota for Gulf red grouper at 4.32 million lb
(1.96 million kg). The decrease in the red grouper quota by 1.43
million lb (0.65 million kg) would therefore decrease the combined SWG
quota by 1.43 million lb (0.65 million kg) to 6.22 million lb (2.82
million kg). This reduced SWG quota would also be implemented through
this rule.
Management measures for the recreational sector would remain the
same. The current 2-fish bag limit would allow red grouper to stay
within the annual target catch of 1.36 million lb (0.62 million kg).
Preliminary estimates of 2009 recreational landings remain consistent
with recent years at 0.98 million lb (0.44 million kg), which is lower
than the 2011 catch target. Assuming recreational effort does not
substantially increase in 2011, current regulations should be adequate
to maintain the harvest at or below the annual target catch.
Buoy Gear Marking Requirement and Revised Definition
NMFS proposes requiring buoy gear used or possessed in the Gulf EEZ
to be marked with the official vessel number (U.S. Coast Guard
documentation number or State registration number) and proposes
revising the definition of buoy gear, as defined in Sec. 622.2,
through this rulemaking. Buoy gear is listed as an authorized gear in
the hook-and-line component of the Gulf reef fish fishery under the
Allowable Gear Rule (Sec. 600.725, 64 FR 67511).
In 1990, through Amendment 1 to the Gulf Reef Fish FMP, the Council
established and NMFS implemented, in Sec. 622.34(c), a longline and
buoy gear boundary, shoreward of which the directed harvest of reef
fish with longlines and buoy gear was prohibited. After this boundary
was established, the use of buoy gear was reduced significantly. Many
reef fish bottom longline vessels began using modified versions of
traditional buoy gear to continue fishing in areas where bottom
longlines were prohibited through emergency regulations initiated May
1, 2009 (74 FR 20229) and revised October 21, 2009 (74 FR 53889).
Subsequently, reef fish vessels that did not qualify for a bottom
longline endorsement through the regulations implementing Amendment 31
to the Gulf Reef Fish FMP (75 FR 21512, April 26, 2010) are converting
to buoy gear to continue fishing for reef fish in the eastern Gulf.
Buoy gear for use in the Gulf reef fish fishery is legally defined
in Sec. 622.2 as fishing gear consisting of a float and one or more
weighted lines suspended there from, generally long enough to reach the
bottom. A hook or hooks (usually 6-10) are on the lines at or near the
end. The float and line(s) drift freely and are retrieved periodically
to remove catch and re-bait hooks.
NMFS has determined the established definition of buoy gear is
ambiguous and does not adequately define the type of gear traditionally
used, which limits the enforceability of restrictions on this gear
type. Under the current definition, there can be any number of lines
suspended from a float, and although the number of hooks is recommended
to be 6-10, there is no real restriction on the number of hooks that
can be fished per float. Therefore, NMFS is proposing to modify its
definition of buoy gear. The proposed definition is more specific,
which would reduce regulatory confusion among fishery participants and
would improve enforcement requirements as this gear type becomes more
commonly used by the commercial reef fish sector.
Re-Codification of the Quotas for Greater Amberjack
On June 22, 2010 (75 FR 35335), NMFS published a temporary rule to
implement accountability measures for commercial and recreational
greater amberjack in the Gulf for the 2010 fishing year. In the course
of this rulemaking, NMFS inadvertently removed the commercial and
recreation quotas for greater amberjack for 2011 and subsequent fishing
years. This rule proposes to re-codify those quotas as specified in
Sec. 622.42(a)(1)(v).
Revision to the Recreational Accountability Measures for Greater
Amberjack
This rule proposes to revise the recreational accountability
measure for greater amberjack by clarifying that if recreational
landings exceed the quota, at or near the beginning of the following
fishing year, the quota for that following fishing year will be reduced
by the amount of the overage in the prior fishing year. This
clarification is an addition to the current accountability measure
which states that the length of the recreational fishing season will be
[[Page 63783]]
reduced by the amount necessary to recover the overage from the prior
fishing year.
Removal of Outdated Language for the Red Snapper IFQ Program
On November 22, 2006 (71 FR 67447), NMFS published a final rule to
implement Amendment 26 to the FMP, which established the red snapper
IFQ program. During the rulemaking, two paragraphs of codified text,
Sec. 622.42(a)(1)(i)(A) and (B), were inadvertently not removed from
the regulations. This rule proposes to remove this outdated language.
These additional measures are unrelated to the actions contained in
the red grouper regulatory amendment.
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 the regulatory amendment, 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.
NMFS prepared an IRFA, as required by section 603 of the Regulatory
Flexibility Act, for this proposed rule. The IRFA describes the
economic impact that this proposed rule, if adopted, would have on
small entities. A description of the action, why it is being
considered, and the objectives of, and legal basis for this action are
contained at the beginning of this section in the preamble and in the
SUMMARY section of the preamble. A copy of the full analysis is
available from the Council (see ADDRESSES). A summary of the IRFA
follows.
The Magnuson-Stevens Act provides the statutory basis for the
proposed rule. The proposed rule would reduce the red grouper
commercial quota from 5.75 million lb (2.53 million kg) to 4.32 million
lb (1.96 million kg), and thus the combined SWG commercial quota from
7.65 million lb (3.47 million kg) as specified in Sec.
622.42(a)(1)(iii)(A) for 2011 and subsequent fishing years to 6.22
million lb (2.82 million kg) for 2011 and subsequent fishing years, and
require vessels with valid commercial Gulf reef fish permits to mark
their buoy gear with the official vessel number. This rule also
proposes minor revisions to the codified text, including a revised
definition of buoy gear, re-codification of the commercial and
recreational quotas for greater amberjack, revision of the recreational
accountability measure for greater amberjack, and removal of outdated
language for the red snapper IFQ program. The purpose of this proposed
rule is to help prevent overfishing of red grouper while achieving OY
by reducing red grouper harvest consistent with the findings of the
recent stock assessment for this species.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
This proposed rule is expected to directly affect commercial
harvesting operations. The Small Business Administration (SBA) has
established size criteria for all major industry sectors in the U.S.
including fish harvesters. A business involved in fish harvesting is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $4.0
million (NAICS code 114111, finfish fishing) for all its affiliated
operations worldwide.
This proposed rule is expected to directly affect commercial
fishing vessels whose owners possess commercial Gulf reef fish permits
or red grouper fishing quota shares. As of August 10, 2010, 951
entities possessed a valid or renewable Gulf reef fish permit. These
951 entities are expected to be directly affected by the proposed
action to require vessels to mark their buoy gear with their official
vessel number.
As of October 1, 2009, 970 entities owned a valid commercial Gulf
reef fish permit and thus were eligible for initial shares and
allocation in the grouper and tilefish IFQ program. Of these 970
entities, 908 entities initially received shares and allocation of
grouper or tilefish, and 815 entities specifically received red grouper
shares and an initial allocation of the commercial sector's red grouper
quota in 2010. These 815 entities are expected to be directly affected
by the proposed action to reduce the red grouper commercial quota.
Of the 815 entities that initially received red grouper shares, 191
were not commercially fishing in 2008 or 2009 and thus had no
commercial fishing revenue during these years. On average, these 191
entities received an initial allocation of 6,459 lb (2,936 kg) of red
grouper in 2010. Eight of these 191 entities also received a bottom
longline endorsement in 2010. These 8 entities received a much higher
initial allocation of red grouper in 2010, with an average of
approximately 44,000 lb (20,000 kg).
The other 624 entities that initially received red grouper shares
and allocations in 2010 were active in commercial fisheries in 2008 or
2009. The maximum annual commercial fishing revenue in 2008 or 2009 by
an individual vessel with a commercial Gulf reef fish permit or red
grouper fishing quota shares was approximately $606,000 (2008 dollars).
Based on this value, all commercial fishing vessels expected to be
directly affected by this proposed rule are determined for the purpose
of this analysis to be small business entities.
Of the 624 commercial fishing vessels with commercial landings in
2008 or 2009, 126 vessels did not have any red grouper landings in 2008
or 2009. Their average annual gross revenue in these 2 years was
approximately $55,800 (2008 dollars). The vast majority of these
vessels' commercial fishing revenue is from a combination of landings
of snapper, mackerel, dolphin, and wahoo. However, as described in the
regulatory amendment, in 2009, they did become relatively more
dependent on landings of highly migratory species (HMS) species and
relatively less dependent on landings of deep-water grouper species. On
average, in 2010, these vessels received an initial allocation of 2,524
lb (1,147) of red grouper quota. Five of these vessels also received a
bottom longline endorsement in 2010.
The remaining 498 commercially active fishing vessels did have
landings of red grouper in 2008 or 2009. Their average annual gross
revenue from commercial fishing was approximately $66,000 (2008
dollars) between the two years. On average, these vessels had 9,425 lb
(4,284 kg) and 6,734 lb (3,061 kg) of red grouper landings in 2008 and
2009 respectively, or 8,053 lb (3,660 kg) between the 2 years. Red
grouper landings accounted for approximately 35 percent of these
vessels' annual average gross revenue, and thus they are relatively
dependent on revenue from red grouper landings. These vessels' average
initial red grouper allocation in 2010 was 8,404 lb (3,820 kg).
Therefore, on average, their 2008 and 2009 red grouper landings are
very near their 2010 red grouper allocation, though their red grouper
landings differed considerably between 2008 and 2009.
Of these 498 vessels, 49 vessels also received a bottom longline
endorsement in 2010. These particular vessels' average annual revenue
was approximately $156,000 (2008 dollars) in 2008 and 2009. Revenue
from red grouper landings decreased from approximately $104,000 to
$65,000 in 2009. Nonetheless, these vessels remain highly dependent on
revenue from red
[[Page 63784]]
grouper landings, which averaged approximately 36,000 lb (13,364 kg) in
2008 and 23,000 lb (10,455 kg) in 2009. Their average initial 2010
allocation of red grouper was approximately 42,000 lb (19,091 kg) and
thus their recent year's harvest has been within that 2010 average
allocation, particularly in 2009.
The proposed rule would not alter existing reporting or record
keeping requirements but would alter certain compliance requirements.
Specifically, vessels with valid commercial Gulf reef fish permits
would be required to mark their buoy gear with their official vessel
number. The most significant burden imposed by this requirement is the
time needed to mark the gear. Under the proposed definition of buoy
gear, the maximum number of buoys per vessel is expected to be 20. The
time required to mark each buoy is estimated to be approximately 20
minutes. Thus, the annual time burden per vessel is approximately 6.67
hours. According to the most recent data from the Bureau of Labor
Statistics (BLS), the average nominal wage for fishers and fishing
related workers is $12.79, or $12.74 in 2008 dollars. This value is
used as a monetary estimate of the opportunity cost of time on a per
hour basis. Thus, the annual opportunity cost per vessel resulting from
this requirement is estimated to be approximately $85. For the 951
vessels with valid or renewable commercial Gulf reef fish permits, the
annual opportunity cost is estimated to be $80,812. Since opportunity
costs impose no direct financial costs, this increase in opportunity
costs is not expected to reduce profit for these vessels.
The 191 entities with red grouper shares that did not participate
in commercial fishing in 2008 or 2009 have no commercial fishing
revenue and did not earn profit from commercial fishing in those 2
years. Under the proposed action to decrease the red grouper commercial
quota, allocation of red grouper in 2011 would be reduced, on average,
by approximately 1,608 lb (731 kg). Using the 2008 average price of
$2.85 per lb, this loss in allocation could potentially represent an
annual loss of nearly $4,600 in gross revenue per entity. For the eight
entities with red grouper shares that also possess longline
endorsements, the average annual allocation of red grouper would be
reduced by nearly 11,000 lb (5,000 kg). Thus, the potential loss in
gross revenue, estimated to be nearly $31,400, could be much higher.
However, in general, this potential loss in gross revenue could only
reduce profit if these entities not only become active in commercial
fishing, but specifically intend to harvest red grouper in 2011 and at
a level above their reduced allocation. It is important to note that
the commercial sector has not harvested the commercial red grouper
quota since the 2006 fishing year. Alternatively, these potential
losses in gross revenue could be due to these entities' inability to
sell the allocations they are losing under the proposed action, though
this possibility presumes that a demand for these allocations exists.
Regardless, the significance of this potential loss in gross revenue to
these 191 entities cannot be evaluated given the lack of information on
potential gross revenue and profit from commercial fishing in general
and specifically for red grouper.
Profit estimates are not currently available for the 126 entities
with red grouper shares that participated in commercial fisheries other
than red grouper. However, since these vessels did not have any red
grouper landings, none of their gross revenue and thus none of their
profit were the result of red grouper harvests. Under the proposed
action to decrease the red grouper commercial quota, the average
allocation of red grouper in 2011 would be reduced by approximately 629
lb (286 kg). Using the 2008 average price of $2.85 per pound, this loss
in allocation could potentially represent an annual loss of nearly
$1,800 in gross revenue per entity. However, this potential loss in
gross revenue could only lead to a loss in profit if these entities
intend to become active in the red grouper component of the Gulf reef
fish fishery in 2011 and at a level above their reduced allocation.
Thus, for example, assuming these vessels intend to harvest red grouper
in 2011 at a level equivalent to their 2010 allocation, and this
harvest was in addition to, rather than in place of, their recent
commercial fishing activities, the reduction in allocation could lead
to a maximum loss of approximately three percent in gross revenue which
could in turn reduce profit. Alternatively, losses in gross revenue
could be due to these entities' inability to sell the allocations being
lost under the proposed action, though this possibility presumes that a
demand for the allocations exists.
Profit estimates are not currently available for the 498 entities
with red grouper shares that participated in the commercial red grouper
sector of the Gulf reef fish fishery in 2008 or 2009. Under the
proposed action to decrease the red grouper quota, these vessels' red
grouper allocations would be reduced by approximately 2,092 lb (951 kg)
on average. As these vessels have been harvesting at levels near their
2010 allocation in recent years on average, this reduction in red
grouper allocation is likely to lead to a future reduction in red
grouper landings and therefore gross revenue. Using the average 2008
price of $2.85 per pound, it is estimated that these vessels could lose
nearly $6,000, or approximately 9 percent, in average annual gross
revenue. A loss in gross revenue of this magnitude would likely lead to
a reduction in profit.
However, for the 49 vessels with red grouper shares that were
active in the red grouper component of the Gulf reef fish fishery and
also received a bottom longline endorsement in 2010, their allocation
of red grouper in 2011 would decrease by approximately 10,400 lb (4,727
kg) under the proposed action. For these particular vessels, the loss
in red grouper landings could range from zero to the full amount of the
decrease in allocation, though the latter is unlikely given new
regulations restricting the use of longline gear. Even if these vessels
intended to harvest red grouper in 2011 at levels comparable to 2008,
prior to the implementation of regulations restricting the use of
longline gear, they would only lose approximately 4,600 lb (2,091 kg)
in red grouper landings rather than the full amount of their reduced
allocation. This loss in landings is estimated to be valued at
approximately $13,000 in gross revenue, or 8 percent of their average
annual gross revenue. Such a loss in gross revenue would likely reduce
their profit. However, if they intend to harvest at levels comparable
to 2009, then their reduced allocation would still be above their
intended landings. Therefore, the reduction in allocation would not
lead to a reduction in landings from what they would have otherwise
been and thus gross revenue and profit would also not be reduced.
Two alternatives, including the status quo, were considered for the
action to reduce the red grouper commercial quota to 4.32 million lb
(1.96 million kg). The first alternative, the status quo, would have
maintained the red grouper commercial quota at the current level of
5.75 million lb (2.61 million kg). This alternative is not consistent
with the goals and objectives of the Council's plan to manage red
grouper to achieve the mandates of the Magnuson-Stevens Act.
Specifically, this alternative would be inconsistent with current
National Standard 1 guidance because the associated TAC of 7.57 million
lb (3.43 million kg) would be above the ABC of 6.31 million lb (2.86
million kg) recommended by the Council's SSC.
The second alternative would have would set the red grouper
commercial quota at 4.80 million lb (2.18 million kg). This amount is
equal to 85 percent
[[Page 63785]]
of the yield at FMSY, which the SSC considered sufficient to
reduce the probability that overfishing might occur in 2011. However,
this alternative is inconsistent with the method established by the
Council in Amendment 30B where the annual catch target would be based
on the yield associated with FOY.
One alternative, the status quo, was considered for the action to
require vessels with valid commercial Gulf reef fish permits to mark
their buoy gear with the official vessel number. The Council and NMFS
have determined that the current definition of buoy gear is ambiguous.
This ambiguity has led to problems with monitoring and enforcement of
buoy gear regulations and thus a clearer definition of this gear type
is being proposed. By not requiring the marking of buoy gear, this
alternative would not improve the monitoring and enforcement of buoy
gear regulations since law enforcement personnel would not be able to
determine which vessel deployed the gear if the gear is left
unattended.
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 Office of Management and Budget
(OMB) control number.
This proposed rule contains a collection-of-information requirement
subject to the PRA applicable to vessels in the Gulf reef fish fishery,
namely, a requirement to mark buoy gear with the official vessel number
(U.S. Coast Guard documentation number or State registration number).
This requirement has been submitted to OMB for approval. The public
reporting burden for this collection-of-information is estimated to
average 20 minutes per buoy. This estimate of the public reporting
burden includes the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection-of-information. Public comment is sought
regarding: Whether this proposed collection-of-information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; the accuracy of
the burden estimate; ways to enhance the quality, utility, and clarity
of the information to be collected; and ways to minimize the burden of
the collection-of-information, including through the use of automated
collection techniques or other forms of information technology. Send
comments regarding the burden estimate or any other aspect of the
collection-of-information requirement, including suggestions for
reducing the burden, to NMFS and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 12, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, 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 Sec. 622.2, the definition of ``buoy gear'' is revised to
read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Buoy gear means fishing gear that fishes vertically in the water
column that consists of a single drop line suspended from a float, from
which no more than 10 hooks can be connected between the buoy and the
terminal end, and the terminal end contains a weight that is no more
than 10 lb (4.5 kg). The drop line can be rope (hemp, manila, cotton or
other natural fibers; nylon, polypropylene, spectra or other synthetic
material) or monofilament, but must not be cable or wire. The gear is
free-floating and not connected to other gear or the vessel. The drop
line must be no greater than 2 times the depth of the water being
fished. All hooks must be attached to the drop line no more than 30 ft
(9.1 m) from the weighted terminal end. These hooks may be attached
directly to the drop line; attached as snoods (defined as an offshoot
line that is directly spliced, tied or otherwise connected to the drop
line), where each snood has a single terminal hook; or as gangions
(defined as an offshoot line connected to the drop line with some type
of detachable clip), where each gangion has a single terminal hook.
* * * * *
3. In Sec. 622.6, paragraph (b)(3) is added to read as follows:
Sec. 622.6 Vessel and gear identification.
* * * * *
(b) * * *
(3) Buoy gear. In the Gulf EEZ, if buoy gear is used or possessed,
each buoy must display the official number of the vessel.
4. In Sec. 622.42, the first sentence of the introductory text is
revised; paragraphs (a)(1)(i)(A) and (B) are removed; paragraphs
(a)(1)(iii)(A) and (C) are revised; and paragraphs (a)(1)(v) and
(a)(2)(ii) are added to read as follows:
Sec. 622.42 Quotas.
Quotas apply for the fishing year for each species or species
group, unless accountability measures are implemented during the
fishing year pursuant to Sec. 622.49, due to a quota overage occurring
the previous year, in which case a reduced quota will be specified
through notification in the Federal Register. * * *
(a) * * *
(1) * * *
(iii) * * *
(A) SWG combined--6.22 million lb (2.82 million kg).
* * * * *
(C) Red grouper--4.32 million lb (1.96 million kg).
* * * * *
(v) Greater amberjack--503,000 lb (228,157 kg), round weight.
* * * * *
(2) * * *
(ii) Recreational quota for greater amberjack. The recreational
quota for greater amberjack is 1,368,000 lb (620,514 kg), round weight.
* * * * *
5. In Sec. 622.49, the second sentence of paragraph (a)(1)(ii) is
revised to read as follows:
Sec. 622.49 Accountability measures.
(a) * * *
(1) * * *
(ii) * * * In addition, if despite such closure, recreational
landings exceed the quota, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year, to reduce the quota for that following year by
the amount of the overage in the prior fishing year, and to reduce the
length of the recreational fishing season for the following fishing
year by the amount necessary to recover the overage from the prior
fishing year. * * *
* * * * *
[FR Doc. 2010-26197 Filed 10-15-10; 8:45 am]
BILLING CODE 3510-22-P