[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74656-74660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30168]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100803319-0565-02]
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, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to 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 final rule reduces the
commercial quota for red grouper and, thus, the combined commercial
quota for shallow water grouper (SWG) species, and requires vessels
with valid commercial Gulf of Mexico (Gulf) reef fish permits to mark
their buoy gear with the official vessel number. This rule also
implements 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accountability measure for greater amberjack, and removal of outdated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 final 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: This rule is effective January 1, 2011, except for the amendment
to Sec. 622.42(a)(1)(iii)(A), which will be effective upon further
notification in the Federal Register.
ADDRESSES: Copies of the regulatory amendment, which includes an
environmental assessment and 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-
348-1171; e-mail [email protected]; or may be downloaded from
the Council's Web site at http://www.gulfcouncil.org/.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS by e-mail,
[email protected], or the Office of Management and Budget (OMB),
by e-mail to OIRA [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).
On October 18, 2010, NMFS published a proposed rule for the red
grouper regulatory amendment and requested public comment (75 FR
63780). The proposed rule and the regulatory amendment outline the
rationale for the measures contained in this final rule. A summary of
the provisions implemented by this final rule is provided below.
This final rule will 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 final rule will also make 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 final 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.
Effective Dates
This rule is effective January 1, 2011, except for the commercial
SWG quota contained in this final rule. NMFS is delaying, until a
future notification in the Federal Register, the commercial quota for
SWG species specified in
[[Page 74657]]
Sec. 622.42(a)(1)(iii)(A). This delay is necessary because the interim
final rule to reduce overfishing of gag, which is published in this
issue of the Federal Register, will also become effective January 1,
2011, and the SWG quota contained in that interim final rule takes into
account the temporary reduction in the gag commercial quota, and is
therefore a lower quota than contained in this rule. After termination
or expiration of the interim final rule, the timing of which is
currently uncertain, NMFS will announce the effective date of the SWG
quota contained in this final rule, unless it is superseded by
subsequent rulemaking. Compliance with all other provisions of this
final rule are required beginning January 1, 2011, which is the start
of the fishing year and the date that quota share is distributed to IFQ
participants.
Comments and Responses
The following is a summary of the comments NMFS received on the
proposed rule and the red grouper regulatory amendment, and NMFS
respective responses. During the comment period, NMFS received 12
comments on the proposed rule. The submissions included one letter from
a Federal agency and one letter from a non-governmental organization.
The remaining submissions were unique letters from individuals.
Comment 1: Some commenters questioned the scientific basis used to
assess red grouper stocks and how scientific information was applied to
support fishery management decisions. They indicated the data used were
outdated, flawed, or anecdotal.
Response: Stock assessments are conducted under the scientifically
peer reviewed Southeast Data, Assessment, and Review (SEDAR) process,
which was initiated in 2002 to improve the quality and reliability of
fishery stock assessments in the Gulf, South Atlantic, and U.S.
Caribbean. SEDAR seeks improvements in the scientific quality of stock
assessments and supporting information available to address existing
and emerging fishery management issues. This process emphasizes
constituent and stakeholder participation in assessment development,
transparency in the assessment process, and a rigorous and independent
scientific review of completed stock assessments. SEDAR is organized
around three workshops. First, the data workshop documents, analyzes,
and reviews datasets to be used for assessment analyses. Second, the
assessment workshop develops and refines quantitative population
analyses and estimates population parameters. The final workshop is
conducted by a panel of independent experts who review the data and the
assessment and recommend the most appropriate values of critical
population and management quantities. The 2006 red grouper assessment
and 2009 update assessment were both conducted within this SEDAR
process. All workshops and Council initiated meetings to review the
assessment were open to the public and included constituent
participation on the various SEDAR panels to ensure the transparency of
the data and how it was applied in the assessments. The data
incorporated into the SEDAR assessment is derived from both fishery-
dependent and fishery-independent data. Examples of fishery-dependent
data include, but are not limited to; logbook data, trip tickets,
dockside sampling, dealer reports, and marine recreational fishing
statistical survey (MRFSS). Fishery-independent data sources consist of
data provided through surveys and research conducted by Federal, state,
and academic institutions. In addition, the Council's Scientific and
Statistical Committee reviewed the assessment results and made
recommendations to the Council about the adequacy of the assessments
and what level to set the acceptable biological catch.
Comment 2: One commenter questioned that red tide could be
responsible for the 2005 mortality event modeled in the update
assessment.
Response: Red tide is thought to have contributed to the 2005
episodic mortality event. In the 2009 update assessment, two models
were run to estimate red grouper abundance. The model with the best fit
was one that took into account decreases in indices of abundance
thought to have occurred because of the red tide event documented in
2005. Although the model cannot show a direct link between the red tide
event and the decrease in red grouper abundance, it does indicate a
variable was present in 2005 that depressed the stock size.
Comment 3: Some commenters indicated that problems with the red
grouper stock were due to the red grouper commercial harvest,
particularly the longline component of the commercial sector. They
suggested measures restricting commercial harvest such as banning or
severely restricting longline gear use.
Response: Recent management measures implemented through Amendment
31 (75 FR 21512, April 26, 2010) have reduced the number of longline
vessels in the Gulf reef fish fishery and further limited where they
can fish. A ban on longline gear is outside the scope of this action
because a gear ban is not currently authorized under the framework
procedures within the FMP as a measure that may be implemented through
a regulatory amendment. Additional management measures to rebuild the
red grouper stock may be implemented through Amendment 32.
Comment 4: Several commenters were against lowering the red grouper
total allowable catch (TAC), particularly because the stock is neither
overfished nor undergoing overfishing. One commenter pointed out that
if the commercial sector was harvesting red grouper at a level below
the TAC, then there is no rationale for revising the current management
measures. Commercial fishermen pointed out that by reducing the TAC,
and thus the commercial quota, the amount of IFQ allocation they will
receive will also be reduced making it harder to make a living
commercial fishing.
Response: The 2009 update assessment for red grouper indicated that
although the stock continues to be neither overfished nor undergoing
overfishing, the stock has declined since 2005. As described in the
assessment's discussion of the stock's status, this decline was
attributed to a 2005 episodic mortality event resulting in over 20
percent additional mortality to the adult stock. Therefore, there is a
need to improve the stock condition to a level where, at equilibrium,
the stock can be harvested at OY. This goal is consistent with the
Magnuson-Stevens Act, which requires NMFS and regional fishery
management councils to prevent overfishing, and achieve, on a
continuing basis, the OY from federally managed fish stocks. The TAC,
and resultant commercial quota, that the Council proposed is based on
recommendations from the SSC to allow the stock to recover to the
equilibrium stock size where OY can be harvested.
Comment 5: One commenter indicated that the proposed buoy gear
definition was still too ambiguous to be effectively enforced. The
commenter stated that gangions should not be allowed as a method to
attach hooks to buoy gear and that there should be a limited number of
buoy gear rigs allowed for a vessel.
Response: The revised definition of buoy gear will enhance the
enforceability of the use of this gear, both at sea and shoreside. By
allowing the use of gangions for attaching hooks on buoy gear, reef
fish fishermen who previously used longlines, but had to change their
fishing methods because they did not qualify for a longline endorsement
under actions
[[Page 74658]]
implemented through Amendment 31, will save money since they already
possess gangions from their currently owned longline gear. A limit on
the number of buoy gear rigs that can be carried on a vessel was not
considered. The intent of the action was not to reduce the use of buoy
gear, it was merely to more precisely identify the gear; thus measures
limiting the amount of gear that could be used are beyond the scope of
the issue being addressed.
Comment 6: Several commenters indicated regionalized red grouper
management should be considered to allow a greater proportion of the
red grouper harvest to occur in areas where red grouper are more
abundant.
Response: Regionalized management was not considered as an
alternative for this action because it will not prevent overfishing of
red grouper. However, the Council continues to examine regionalized
management for reef fish species. In the course of developing long-term
management measures in Amendment 32, the Council is considering
seasonal-area closures for grouper species, which is considered an
example of regionalized management.
Comment 7: One commenter indicated fishing effort is reduced
because of current economic conditions and, therefore, no management
measures are required for the recreational sector.
Response: In developing fishing regulations to limit harvest,
current and past fishing effort levels are taken into account. These
levels would reflect trends in effort stemming from factors such as the
economy. This was considered in the decision to not revise the
recreational management measures for red grouper.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this red grouper regulatory amendment is necessary for the
conservation and management of Gulf reef fish and is consistent with
the Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant economic issues raised by public comments,
NMFS' responses to those comments, and a summary of the analyses
completed to support the action. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the FRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
final rule.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The preamble of this final rule and the previously published
proposed rule provides a statement of the need for and objectives of
this rule, and it is not repeated here.
No significant issues associated with the economic analysis were
raised through public comment on the proposed rule. A summary of the
comments received are provided in the previous section of this
preamble. No changes were made in this final rule as a result of these
comments.
This final 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 final 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 action to require
vessels to mark their buoy gear with their official vessel number.
This final rule will not alter existing reporting or record keeping
requirements but will alter certain compliance requirements.
Specifically, vessels with valid commercial Gulf reef fish permits will
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 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.
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 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 final 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) 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 kg) of red
[[Page 74659]]
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 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 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 action to decrease the red grouper commercial quota,
allocation of red grouper in 2011 will 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 will 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 action, though this
possibility presumes that a demand for these allocations exists.
Nevertheless, 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 the commercial sector for
species 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
action to decrease the red grouper commercial quota, the average
allocation of red grouper in 2011 will 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 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 action
to decrease the red grouper quota, these vessels' red grouper
allocations will 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 will 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 will decrease by approximately 10,400 lb (4,727
kg) under the 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 implemented through
Amendment 31 (75 FR 21512, April 26, 2010). Even if these vessels
intend to harvest red grouper in 2011 at levels comparable to 2008,
prior to the implementation of regulations restricting the use of
longline gear, they will 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 will likely reduce
their profit. However, if they intend to harvest at levels comparable
to 2009, then their reduced allocation will still be above their
intended landings. Therefore, the reduction in allocation will not lead
to a reduction in landings from what they will have otherwise been and
thus gross revenue and profit will 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, will 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 will be inconsistent with current
National Standard 1 guidance because the associated TAC of 7.57 million
lb (3.43 million kg) will be above the allowable biological catch (ABC)
of 6.31 million lb (2.86 million kg) recommended by the Council's SSC.
[[Page 74660]]
The second alternative would have set the red grouper commercial
quota at 4.80 million lb (2.18 million kg). This amount is equal to 85
percent of the yield of the fishing mortality at maximum sustainable
yield (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 will be based on the
yield associated with the fishing mortality at OY (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 implemented. By not requiring the marking of buoy gear, this
alternative will not improve the monitoring and enforcement of buoy
gear regulations since law enforcement personnel will not be able to
determine which vessel deployed the gear if the gear is left
unattended.
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (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 approved by the OMB under control number
0648-0359. 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. 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).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall be subject to the requirements of the PRA
unless that collection of information displays a currently valid OMB
control number.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: November 24, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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.
* * * * *
0
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.
0
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.
* * * * *
0
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. 2010-30168 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-22-P