[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Proposed Rules]
[Pages 9735-9739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3735]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110207101-1097-01]
RIN 0648-BA54


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule that would implement 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 increase 
the commercial and recreational quotas for red snapper in the Gulf of 
Mexico (Gulf) reef fish fishery for the 2011 fishing year, provided 
that NMFS determines the total allowable catch (TAC) was not exceeded 
in the 2010 fishing year. This rule also proposes minor revisions to 
codified text, including revisions to the definition of ``actual ex-
vessel value,'' extending the maintenance window for the Gulf 
individual fishing quota (IFQ) programs, and removing obsolete codified 
text for Gulf grouper. The intended effect of this proposed rule is to 
help achieve optimum yield (OY) for Gulf red snapper without increasing 
the risk of the red snapper resource experiencing overfishing, allow 
for better functioning and enforcement of the Gulf IFQ programs, and to 
implement a technical correction to the regulations.

DATES: Written comments must be received on or before March 24, 2011.

ADDRESSES: You may submit comments on the proposed rule, identified by 
0648-BA54, by any of the following methods:
    <bullet> Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    <bullet> Mail: Rich Malinowski, Southeast Regional Office, NMFS, 
263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: 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-2011-0018'' 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 proposed 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 <a href="/cdn-cgi/l/email-protection#5730223b3134382239343e3b1730223b3134382239343e3b79382530"><span class="__cf_email__" data-cfemail="4522302923262a302b262c290522302923262a302b262c296b2a3722">[email protected]</span></a>; or may be downloaded from the 
Council's Web site at http://www.gulfcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, 727-824-5308.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is

[[Page 9736]]

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 Southeast Data, Assessment, and Review (SEDAR) update 
assessment for Gulf red snapper was conducted in August 2009 (SEDAR 9), 
with the objective of updating the SEDAR 7 benchmark assessment 
conducted in 2005 (SEDAR 7). To accomplish this goal, the 2009 SEDAR 
assessment updated, reviewed, and incorporated into the model all data 
included in SEDAR 7. The 2009 SEDAR update assessment projected that 
overfishing had ended for the red snapper stock, and therefore, TAC for 
this species may be increased. The stock, however, is still overfished 
and under a rebuilding plan.
    The rebuilding plan for Gulf red snapper was outlined in Amendment 
22 to the FMP, and implemented through regulations in 2005. The final 
rule implementing Amendment 22 to the FMP became effective on July 5, 
2005 (70 FR 32266, June 2, 2005). Actions taken through Joint Amendment 
27 to the FMP and Amendment 14 to the FMP for the Shrimp Fishery of the 
Gulf of Mexico (implemented February 28, 2008, 73 FR 5117, published 
January 29, 2008) revised the red snapper rebuilding strategy with the 
intent to end overfishing by 2009 or 2010, and to rebuild red snapper 
by 2032 to the biomass levels that can support harvest of the maximum 
sustainable yield (MSY). The revised rebuilding plan outlined that 
after 2010, TAC would be increased consistent with a fishing mortality 
rate that produces MSY.
    In response to the rebuilding plan, the Council's Scientific and 
Statistical Committee (SSC) recommended 3 years of increasing 
acceptable biological catch (ABC) levels from 2010 through 2012. The 
ABC level for red snapper set by the SSC is 25-percent below the 
overfishing limit, which is also the rebuilding yield, to account for 
scientific uncertainty in the numbers. This buffer further increases 
the likelihood that red snapper will be rebuilt by 2032. In 2010, 
however, the Council and NMFS raised the TAC for 2010 only.
    In February 2010, the Council submitted a regulatory amendment to 
set the red snapper TAC for 2010 at 6.945 million lb (3.150 million 
kg), which was the ABC recommended by the SSC. The Council chose not to 
set TACs beyond 2010 because of scientific uncertainty about future 
levels of red snapper stock, and concern regarding the likelihood of 
the recreational sector to overrun the quota. NMFS published a final 
rule on May 3, 2010 (75 FR 23186), implementing the February 2010 
regulatory amendment. That rule set the commercial quota for Gulf red 
snapper at 3.542 million lb (1.607 million kg), and the recreational 
quota at 3.403 million lb (1.544 million kg). The final rule also 
included a closure date for the 2010 recreational sector based on 
estimates of when the recreational quota was projected to be caught. 
NMFS projected that the recreational sector quota for red snapper would 
be met after a 53-day fishing season, and on July 24, 2010, NMFS closed 
the recreational sector for red snapper. The Magnuson-Stevens Act 
requires NMFS to close the recreational red snapper sector in Federal 
waters when the quota is met or projected to be met.
    Although NMFS had already projected a recreational season for red 
snapper for the 2010 fishing year, an unforeseen event occurred in 
April 2010 that contributed to the recreational quota not being met by 
the closure date. On April 20, 2010, the Deepwater Horizon MC252 deep-
sea drilling rig exploded and sank off the coast of Louisiana. Because 
of the resulting oil spill, approximately one-third of the Gulf was 
closed to fishing for much of the summer. The direct loss of fishing 
opportunities due to the closure, plus the reduction in tourism 
throughout the Gulf coast, resulted in a much lower catch than had been 
projected. In a report dated August 13, 2009 (http://sero.nmfs.noaa.gov/sf/pdfs/2010_Recreational_Red_Snapper_Quota_Closure_Analysis_Fall_Reopening.pdf), NMFS estimated 2.3 million lb 
(1.1 million kg) of the 3.4 million lb (1.5 million kg) recreational 
quota remained unharvested. Consequently, on October 1, 2010, the 
Council and NMFS reopened the recreational red snapper season for 24 
more fishing days (eight consecutive weekends--Fridays, Saturdays, and 
Sundays--through November 21, 2010). The reopening of the recreational 
red snapper season was intended to provide fishermen the opportunity to 
harvest the recreational red snapper quota and achieve the OY for the 
fishery.
    At present, there is no evidence that the oil spill has adversely 
impacted the adult stock of red snapper, and the fishing mortality rate 
of red snapper remains below the overfishing threshold. The next SEDAR 
benchmark stock assessment currently scheduled for Gulf red snapper is 
in 2014.

Management Measures Contained in This Proposed Rule

    This Gulf red snapper regulatory amendment would set the TAC for 
2011 and subsequent fishing years at 7.185 million lb (3.259 million 
kg), provided that the 2010 TAC has not been exceeded. Based on the 
current commercial and recreational allocations (51-percent commercial 
and 49-percent recreational), the TAC would be implemented through this 
proposed rule by setting the Gulf red snapper commercial quota at 3.664 
million lb (1.662 million kg), and the recreational quota at 3.521 
million lb (1.544 million kg). However, if NMFS determines the combined 
commercial and recreational quota from 2010 was exceeded, NMFS will 
maintain the quota from 2010 in the 2011 fishing year. If this is the 
case, the Assistant Administrator will file a notification with the 
Office of the Federal Register to announce the commercial and 
recreational quotas will remain at the quotas of the 2010 fishing year.
    The Magnuson-Stevens Act requires NMFS to close the recreational 
red snapper sector in Federal waters when the quota is met or projected 
to be met. NMFS will set the recreational season length for 2011 after 
finalized 2010 recreational landings data are available and before the 
season opens on June 1, 2011. NMFS may announce the recreational red 
snapper season in the final rule associated with this action.
    The red snapper management measures contained in this proposed rule 
would achieve the goal of National Standard 1 of the Magnuson-Stevens 
Act, which states that conservation and management measures shall 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield for the fishery.

Additional Measures Contained in This Proposed Rule

IFQ Program Changes

    In Sec.  622.2 of the current regulations, ``actual ex-vessel 
value'' is defined as the total monetary sale amount a fisherman 
receives from IFQ landings from a registered IFQ dealer. Many Gulf reef 
fish IFQ dealers, however, are reporting very low ex-vessel prices for 
IFQ fish because trip expenses and transferred (leased) allocation are 
deducted from the price paid by the dealer. Through this rulemaking, 
NMFS proposes to revise the definition of ``actual ex-vessel value'' in 
Sec.  622.2 of the regulations, so that actual ex-vessel value 
represents the price paid per pound of fish before any deductions are 
made for transferred (leased) allocation and goods and

[[Page 9737]]

services (e.g., bait, ice, fuel, repairs, machinery replacement, etc.). 
This revision will allow NMFS to more accurately analyze the total 
value of the Gulf red snapper and grouper and tilefish fisheries, and 
will more appropriately align the definition with the original intent 
of the IFQ programs.
    Sections 622.16 and 622.20 of the current regulations restrict IFQ 
transactions during a 12-hour maintenance window at year-end. The 
regulations state that all transactions must be completed by 6 p.m. 
eastern time December 31 and may resume at 6 a.m. eastern time January 
1 of the next year. This maintenance window is necessary to provide 
NMFS time to reconcile IFQ accounts, adjust allocations for the 
upcoming fishing year if the commercial quotas for IFQ managed species 
have changed, and to update shares and allocations for the upcoming 
fishing year. This maintenance window, however, is too short to 
complete all of the necessary changes and updates to the IFQ program 
prior to the start of the next fishing year. This rulemaking proposes 
to extend the maintenance window an additional 8 hours to allow for 
more time to conduct end-of-year maintenance. It also clarifies how 
fishermen can submit an IFQ landing notification during the maintenance 
window. This revision is not expected to have any effects on fishermen 
or dealers. During the first 4 years of the Red Snapper IFQ program and 
first year of the Grouper-Tilefish IFQ program, no landing transactions 
were completed between 6 a.m. and 2 p.m. on January 1. Additionally, 
IFQ participants may still submit an advanced notice of landing during 
the maintenance window.

Removing Obsolete Regulations

    In Amendment 30B to the FMP, NMFS removed the February 15-March 15 
seasonal closure of the commercial sector of the Gulf reef fish fishery 
for gag, red grouper, and black grouper through a final rule that 
published April 16, 2009 (74 FR 17603). When the February 15-March 15 
closure was effective, the sale and purchase of gag, red grouper, and 
black grouper was prohibited, as specified in Sec.  622.45(c)(4). 
However, NMFS inadvertently did not remove Sec.  622.45(c)(4) in the 
final rule for Amendment 30B. This rulemaking proposes to remove this 
obsolete paragraph.
    These additional measures are unrelated to the actions contained in 
the red snapper 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. The Chief Counsel for Regulation of 
the Department of Commerce certified to the Chief Counsel for Advocacy 
of the Small Business Administration that this proposed rule, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this determination is 
as follows:
    The preamble of this proposed rule provides a statement of the need 
for and objectives of this rule, and it is not repeated here. The 
Magnuson-Stevens Act provides the statutory basis for this proposed 
rule.
    This proposed rule, if implemented, would be expected to directly 
affect commercial and for-hire fishing vessels that harvest red snapper 
in the Gulf of Mexico and federally permitted dealers who purchase IFQ 
species. Under the Regulatory Flexibility Act (RFA), an agency must 
complete an Initial Regulatory Flexibility Analysis (IRFA) with a 
proposed regulation if the proposed regulation is expected to have a 
significant economic impact on a substantial number of small entities. 
The Small Business Administration administers those provisions of the 
RFA, and 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. For for-hire vessels, the other 
qualifiers apply and the revenues threshold is $7.0 million (NAICS code 
713990, recreational industries).
    Based on logbook records, for the period 2007-2008, an average of 
312 commercial vessels per year recorded red snapper landings in the 
Gulf. The total average annual ex-vessel revenues from all logbook-
recorded harvests from all species for these vessels during this period 
was approximately $28.943 million (2008 dollars), of which 
approximately $9.435 million came from red snapper. The average annual 
total revenue per vessel for these commercial vessels during this 
period was approximately $93,000 (2008 dollars).
    Some fleet activity occurs in the Gulf commercial reef fish 
fishery. Based on permit data, the maximum number of permits reported 
to be owned by the same entity is six, though additional permits may be 
linked through other affiliations which cannot be identified with 
current data. Using the average revenue per vessel provided above, the 
average annual estimated maximum combined revenues for this entity 
would be approximately $558,000 (2008 dollars).
    The for-hire fleet in the Gulf is comprised of charter vessels, 
which charge a fee on a vessel basis, and headboats, which charge a fee 
on an individual angler (head) basis. A Gulf reef fish for-hire permit 
is required to harvest red snapper in the Gulf. On December 17, 2010, 
there were 1,355 valid or renewable Gulf reef fish for-hire permits. A 
valid permit is a non-expired permit. Expired permits may not be 
actively fished, but are renewable for up to one year after expiration. 
Although the for-hire permit does not distinguish between headboats and 
charter vessels, an estimated 79 headboats and 1,276 charter vessels 
operate in the Gulf. It cannot be determined with available data how 
many of these for-hire vessels harvest red snapper, so all permitted 
vessels are assumed to comprise the universe of potentially affected 
for-hire vessels. The average charter vessel is estimated to earn 
approximately $88,000 (2008 dollars) in annual revenues, while the 
average headboat is estimated to earn approximately $461,000 (2008 
dollars).
    For seafood dealers, the SBA uses an employee threshold rather than 
a receipts threshold, or 100 or fewer persons on a full-time, part-
time, temporary, or other basis, at all its affiliated operations 
worldwide. On January 19, 2011, 190 dealers possessed a Federal permit 
to purchase reef fish species. All dealers with a Federal reef fish 
permit are eligible to obtain an account required to purchase IFQ 
species, however, on January 19, 2011, only 169 dealers had an IFQ 
account. No current information is available on the employment profile 
of these dealers.
    Based on the average revenue estimates provided above, all 
commercial and for-hire vessels expected to be directly affected by 
this proposed rule are determined for the purpose of this analysis to 
be small business entities. Although no current information is 
available on the

[[Page 9738]]

employment profile of the dealers expected to be directly affected by 
this rule, if enacted, all dealers are determined for the purpose of 
this analysis to be small business entities.
    This proposed rule would not establish any new reporting, record-
keeping or other compliance requirements. No duplicative, overlapping, 
or conflicting Federal rules have been identified. This proposed rule, 
if implemented, is expected to result in an increase in commercial red 
snapper harvests and a longer red snapper recreational fishing season 
relative to the season that would occur without a TAC increase (the 
status quo). The increase in commercial red snapper harvests would be 
expected to increase commercial annual ex-vessel revenues to the whole 
commercial fleet by approximately $400,000, and a longer recreational 
red snapper fishing season would be expected to increase annual net 
operating revenues to the whole for-hire fleet by up to $225,000. 
Therefore, all of the expected direct economic impacts on small 
entities of this proposed rule, if implemented, are positive. No 
reduction in the revenues or profits of affected entities would be 
expected.
    The proposed revision to the definition of ``actual ex-vessel 
value'' to mean price paid per pound of fish before any deductions are 
made for transferred (leased) allocation and goods and services, would 
be expected to affect fishermen and dealers who report ex-vessel prices 
net of cost deductions. Because cost recovery fees are based on the ex-
vessel revenues, the proposed revision to the definition of ex-vessel 
value would be expected to result in an increase in cost recovery fees, 
potentially reducing revenues to both fishermen and dealers. While 
dealers would be expected to pass a portion of any increased cost 
recovery fees onto fishermen, thereby reducing fishing revenues, the 
competitive market may require dealers to absorb some portion of these 
increased fees.
    The number of affected entities and the magnitude of effect cannot 
be determined with certainty at this time, but would be expected to 
vary by IFQ species and assumptions on the appropriate price threshold 
(i.e., the baseline price for comparison). For example, based on 2010 
red snapper IFQ data, if reported ex-vessel prices below the average 
($3.48/lb), median ($4.00/lb), and mode ($4.25/lb) prices are adjusted 
to the respective threshold, the proposed revision would result in an 
increase in cost recovery fees, and total reduced revenues to all 
dealers and fishermen combined, of approximately $57,000, $76,000, and 
$88,000 under the respective thresholds. In 2010, assuming a threshold 
price of $3.00/lb, 29 dealers and 128 vessels recorded transactions 
with prices less than $3.00/lb. Comparable results for other IFQ 
species are approximately $13,000 to $20,000 and 9 dealers and 9 
vessels ($2.00/lb threshold price; the average reported price was 
$3.14/lb) for red grouper; approximately $1,000 to $4,000 and 19 
dealers and 42 vessels ($3.00/lb threshold price; the average reported 
price was $4.22/lb) for gag; approximately $6,000 to $3,000 and 11 
dealers and 32 vessels ($3.00/lb threshold price; the average reported 
price was $3.36/lb) for deepwater grouper (the range in effects 
decreases when comparing from average price to median price to mode 
price for this group because the prices decline in that order, unlike 
the case for most other species); approximately $1,000 to $3,000 and 29 
dealers and 55 vessels ($3.00/lb threshold price; the average reported 
price was $4.08/lb) for other shallow water grouper; and approximately 
$1,000 to a few hundred dollars and 16 dealers and 44 vessels ($1.00/lb 
threshold price; the average reported price was $1.83/lb) for tilefish. 
Overlap in affected dealers and vessels would be expected, but has not 
been tabulated.
    Thus, the proposed revision to the definition of ``actual ex-vessel 
value,'' would be expected to reduce revenues to fishermen and dealers. 
However, the proposed revision is consistent with the intent of the 
original requirement to report ex-vessel values and remit cost recovery 
fees based on said value. The proposed revision would simply result in 
fishermen and dealers reporting the values and remitting the cost 
recovery fees they have been expected to provide since the 
implementation of the IFQ program. Therefore, none of the expected 
effects constitute new direct adverse economic effects on the affected 
entities.
    The proposed extension of the maintenance window would not be 
expected to have any adverse effects on fishermen or dealers because no 
transactions have historically been completed to date during the 
affected period. Finally, the proposed removal of obsolete text in the 
regulations is an administrative action and would not affect any small 
entities.
    Because this proposed rule, if implemented, is not expected to have 
any direct adverse economic impact on any small entities, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: February 14, 2011.
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 Sec.  622.2, the definition of ``actual ex-vessel value'' is 
revised to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Actual ex-vessel value means the total monetary sale amount a 
fisherman receives per pound of fish for IFQ landings from a registered 
IFQ dealer before any deductions are made for transferred (leased) 
allocation and goods and services (e.g. bait, ice, fuel, repairs, 
machinery replacement, etc.).
* * * * *
    3. In Sec.  622.16, paragraph (c)(5) is revised to read as follows:


Sec.  622.16  Gulf red snapper individual fishing quota (IFQ) program.

* * * * *
    (c) * * *
    (5) Restricted transactions during the 20-hour online maintenance 
window. All electronic IFQ transactions must be completed by December 
31 at 6 p.m. eastern time each year. Electronic IFQ functions will 
resume again on January 1 at 2 p.m. eastern time the following fishing 
year. The remaining 6 hours prior to the end of the fishing year, and 
the 14 hours at the beginning of the next fishing year, are necessary 
to provide NMFS time to reconcile IFQ accounts, adjust allocations for 
the upcoming year if the commercial quotas for Gulf red snapper have 
changed, and update shares and allocations for the upcoming fishing 
year. No electronic IFQ transactions will be available during these 20 
hours. An advance notice of landing may still be submitted during the 
20-hour maintenance window by using the vessel's VMS unit or calling 
IFQ Customer Service at 1-866-425-7627.
* * * * *

[[Page 9739]]

    4. In Sec.  622.20, paragraph (c)(5) is revised to read as follows:


Sec.  622.20  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

* * * * *
    (c) * * *
    (5) Restricted transactions during the 20-hour online maintenance 
window. All electronic IFQ transactions must be completed by December 
31 at 6 p.m. eastern time each year. Electronic IFQ functions will 
resume again on January 1 at 2 p.m. eastern time the following fishing 
year. The remaining 6 hours prior to the end of the fishing year, and 
the 14 hours at the beginning of the next fishing year, are necessary 
to provide NMFS time to reconcile IFQ accounts, adjust allocations for 
the upcoming year if the commercial quotas or catch allowances for Gulf 
groupers and tilefishes have changed, and update shares and allocations 
for the upcoming fishing year. No electronic IFQ transactions will be 
available during these 20 hours. An advance notice of landing may still 
be submitted during the 20-hour maintenance window by using the 
vessel's VMS unit or calling IFQ Customer Service at 1-866-425-7627.
* * * * *
    5. In Sec.  622.42, paragraphs (a)(1)(i) and (a)(2)(i) are revised 
to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Red snapper--(A) For fishing year 2010--3.542 million lb (1.607 
million kg), round weight.
    (B) For fishing year 2011--3.664 million lb (1.662 million kg), 
round weight, provided that the combined commercial and recreational 
quota from the prior fishing year is not exceeded. If landings, as 
estimated by the SRD, indicate the combined quota is exceeded, then the 
AA will file a notification with the Office of the Federal Register to 
maintain the commercial quota at the quota of the prior fishing year.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--(A) The 2010 recreational 
quota for red snapper is 3.403 million lb (1.544 million kg), round 
weight.
    (B) The 2011 recreational quota for red snapper is 3.521 million lb 
(1.597 million kg), round weight, provided that the combined commercial 
and recreational quota from the prior fishing year is not exceeded. If 
landings, as estimated by the SRD, indicate the combined quota is 
exceeded, then the AA will file a notification with the Office of the 
Federal Register to maintain the recreational quota at the quota of the 
prior fishing year.
* * * * *


Sec.  622.45  [Amended]

    6. In Sec.  622.45, paragraph (c)(4) is removed.
[FR Doc. 2011-3735 Filed 2-18-11; 8:45 am]
BILLING CODE 3510-22-P


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