74650 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

Dated: November 24, 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 amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.34, paragraph (n) is 

removed and reserved and paragraph (o) 

is added to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(o) Gulf EEZ area closure related to 

Deepwater Horizon oil spill. Effective 

November 26, 2010, fishing is 

prohibited in the portion of the Gulf 

EEZ, and for the fishery components 

identified, in the map shown on the 

NMFS Web site: http:// 

sero.nmfs.noaa.gov/ 

deepwater_horizon_oil_spill.htm. 

* * * * * 

[FR Doc. 2010–30232 Filed 11–26–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100806332–0573–02] 

RIN 0648–BA02 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gag 

Grouper Management Measures 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Final temporary rule. 

SUMMARY: NMFS issues this final 

temporary rule to implement interim 

measures to reduce overfishing of gag in 

the Gulf of Mexico (Gulf). This final rule 

reduces the commercial quota for gag 

and, thus, the combined commercial 

quota for shallow-water grouper species 

(SWG), prohibits recreational harvest of 

gag, and suspends red grouper multi-use 

allocation in the Gulf grouper and 

tilefish individual fishing quota (IFQ) 

program, as requested by the Gulf of 

Mexico Fishery Management Council 

(Council). The intended effect of this 

final temporary rule is to reduce 

overfishing of the gag resource in the 

Gulf. 

DATES: This rule is effective January 1, 

2011 through May 31, 2011. 

ADDRESSES: Copies of the final 

regulatory flexibility analysis (FRFA) 

may be obtained from Peter Hood, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, telephone: 727–824–5305, 

or e-mail: Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the fishery management 

plan (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 the proposed temporary rule 

and requested public comment (75 FR 

63786). 

This final temporary rule will reduce 

the commercial quota for gag, reduce the 

combined commercial SWG quota, 

prohibit recreational harvest of gag, and 

suspend red grouper multi-use 

allocation in the Gulf grouper and 

tilefish IFQ program. The purpose of 

this final temporary rule is to reduce 

overfishing of the gag resource in the 

Gulf. No changes were made to this final 

rule as a result of public comment. 

Comments and Responses 

The following is a summary of the 

comments NMFS received on the 

proposed rule and NMFS’ respective 

responses. During the comment period, 

NMFS received 55 comments on the 

proposed rule. 

Comment 1: A number of commenters 

questioned the scientific basis used to 

assess gag stocks and how scientific 

information was applied to support 

fishery management decisions. They 

indicated the data NMFS used were 

outdated, flawed, or anecdotal. 

Response: Stock assessments are 

conducted under the scientifically peerreviewed 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 3 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 gag 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. 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. The data 

incorporated into the SEDAR 

assessment is derived from both fisherydependent 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 surveys 

(MRFSS). Fishery-independent data 

sources consist of data provided through 

surveys and research conducted by 

Federal, state, and academic 

institutions. Furthermore, NOAA’s 

Southeast Fisheries Science Center 

reviews and certifies that the actions 

contained in this rulemaking are based 

on the best available scientific 

information. 

Comment 2: Several individuals 

doubted that red tide could be 

responsible for the 2005 mortality event 

modeled in the gag update assessment. 

Response: Red tide may have 

contributed to the 2005 episodic 

mortality event. In the 2009 update 

assessment, 10 models were run that 

varied different parameters within the 

assessment. The model with the best fit 

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 

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decrease in gag abundance, it does 

indicate a variable was present in 2005 

that depressed the stock size. 

Comment 3: Several commenters 

indicated that it was unfair to close the 

recreational sector while allowing some 

commercial harvest to continue. 

Comments indicated a complete closure 

of both sectors would be more fair and 

that commercial fishermen should be 

able to target other species with 

methods to minimize the bycatch of gag. 

One commenter disliked an implied 

reference to the opening of the 

recreational sector by the Council in 

subsequent rulemaking. 

Response: The Council discussed a 

complete closure to all gag harvest 

pending the outcome of the review of 

the assessment, but determined it was 

more reasonable to allow some 

commercial harvest. This decision was 

expected to minimize the mortality of 

gag caught by the commercial sector 

while targeting other species, and 

ultimately maximize the extent of a 

recreational season in 2011. 

The commercial sector has a lower 

overall allocation and harvest of gag, 

and likely a lower overall impact on the 

gag stock; nevertheless, the commercial 

sector has a higher discard mortality 

rate of the gag that are caught. Because 

the fish inadvertently caught by 

commercial operations are less likely to 

survive being caught, the Council 

decided the most reasonable action was 

to allow some retention of fish that 

would otherwise be discarded dead. The 

quota of 100,000 lb (45,359 kg) was 

believed to be low enough to discourage 

commercial vessels from fishing in areas 

with high gag catch, because of the high 

levels of discards in such areas, while 

still allowing some level of gag retention 

when gag were incidentally caught. 

Although the recreational sector has a 

lower discard mortality rate, it has a 

higher discard rate, as well as a much 

larger allocation of the total allowable 

catch, thus resulting in a substantial 

number of dead discards by the 

recreational sector overall. Thus, 

allowing the recreational sector even a 

limited harvest of gag early in 2011 

would result in large number of dead 

discards as well. If this temporary 

closure were not to occur for the 

recreational sector, projections indicate 

that gag harvest would likely close early 

in the 2011 fishing year, leading to a 

very abbreviated season. The Council’s 

request is expected to discourage fishing 

in areas where gag catch is likely to 

occur, and minimize the number of gag 

dead discards until the Council can 

implement 2011 management measures 

through Amendment 32. Landing 

projections indicate the recreational 

season length could be maximized by 

moving the gag recreational season to 

the summer. Therefore, more restrictive 

measures early in the 2011 season are 

ultimately expected to result in greater 

season length later in the year and 

greater fishing opportunities for the 

recreational sector as a whole. 

Comment 4: Several commenters 

indicated gag are plentiful and, 

therefore, further management measures 

are unnecessary. Other commenters 

indicated that although the gag 

population does seem depressed, the 

proposed management measures seem 

overly restrictive. Several commenters 

suggested alternative management 

measures including different seasonal 

closures, reduced bag limits, and 

changing the status of gag to a gamefish. 

Response: The 2006 assessment and 

2009 update assessment for gag used a 

variety of data including those from 

fishery-dependent and fisheryindependent sources. Several models 

were used including models that took 

into account a 2005 episodic mortality 

event. These models consistently 

indicated the gag stock was depressed. 

The model recommended by the 

Council’s Scientific and Statistical 

Committee (SSC) was the model taking 

into account the 2005 episodic mortality 

event. This model indicated the stock 

was overfished and undergoing 

overfishing, prompting NMFS to inform 

the Council of this condition and that 

action is needed to rebuild the stock. 

In evaluating different management 

measures, the Council evaluated 

alternative seasonal closures, area 

closures, bag limits, and size limits. 

Because of the magnitude of discards by 

the recreational sector, only the seasonal 

closure alternatives would meet the 

required reductions, and these 

alternatives indicated a summer season 

would best maximize the time the sector 

could remain open. Given the 

uncertainty surrounding the reductions 

needed for gag resulting from issues 

with how dead discards were treated in 

the update assessment, and given the 

Council’s recommendation that the 

recreational season could be maximized 

in the summer, the Council requested a 

temporary closure of the recreational 

sector until these issues could be 

resolved. 

Comment 5: Several commenters 

stated that shifts in species abundance 

have negatively affected gag stocks. 

Specifically, an increased red snapper 

population has shifted gag away from 

their primary habitats and an increased 

goliath grouper population is feeding 

heavily on gag. 

Response: Species interactions among 

Gulf reef fish species are poorly 

understood; models that examine the 

linkages between species are not yet 

adequate to determine the effects of 

management measures on species 

interactions. However, it is important to 

note that species such as red snapper 

and goliath grouper are managed by 

NMFS and the Council to improve their 

stock condition. Therefore, as these 

stocks improve, some interactions could 

occur through competition for food or 

habitat. With respect to goliath grouper, 

although they do feed on fish and will 

opportunistically prey upon fish caught 

with hook-and-line, they feed primarily 

on crustaceans. In one scientific study, 

conducted by Coleman and Koenig, over 

200 goliath grouper were sampled from 

the Gulf, and no grouper species were 

found in the analysis of their stomach 

contents (http://www.bio.fsu.edu/ 

coleman_lab/goliath_grouper.php). 

Comment 6: Some commenters 

indicated that gag overharvest was due 

to the actions of the commercial sector. 

They suggested implementing measures 

to restrict commercial harvest such as 

banning longline gear, instead of 

reducing recreational harvest. 

Response: When the allocation of gag 

harvest was developed for the 

recreational and commercial sectors in 

Amendment 30B, it was based on 

average landings between 1986 and 

2005. The resultant allocation ratio is 

61:39, respectively. Therefore, even if 

commercial harvest were prohibited, 

some restrictions on recreational harvest 

would still be necessary to allow the 

stock to rebuild. It is beyond the scope 

of this temporary rule to ban longline 

gear because such a ban would not end 

overfishing; however, recently 

implemented management measures 

taken 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. 

Comment 7: Several commenters 

indicated regionalized gag management 

should be considered to allow a greater 

proportion of the gag harvest to occur in 

areas where gag are more abundant. 

Response: It is outside of the scope of 

this temporary rule to consider 

regionalized management because such 

an approach would not lead directly to 

ending overfishing. 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 8: Several commenters 

indicated fishing effort was reduced 

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74652 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

because of current economic conditions 

and fishery closures resulting from the 

Deepwater Horizon MC252 oil spill. 

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 because of factors such 

as the economy and the oil spill. As 

shown in the environmental assessment 

for this action, gag effort, in 2009, was 

below the 2005–2009 average. However, 

these recent reductions in effort are 

likely less than what will be needed to 

end overfishing of gag and rebuild the 

stock. 

NMFS is in the process of analyzing 

landings data to determine the effects of 

the spill on fishing effort. Oil from the 

Deepwater Horizon MC252 incident, at 

its maximum extent, affected 

approximately one-third of the Gulf 

EEZ, from western Louisiana east to the 

panhandle of Florida and south to 

Campeche Bay in Mexico. However, the 

affected areas are outside the west 

Florida Shelf where gag are primarily 

found. Most of the gag habitat was either 

not affected by fishery closures resulting 

from the oil spill, or the duration of the 

closures was limited. Therefore, the 

opportunity to harvest gag was 

minimally affected compared to the 

opportunity to harvest other species 

primarily harvested in the northern 

Gulf, such as red snapper. 

Comment 9: One commenter 

suggested that the proposed prohibition 

on the recreational harvest of gag would 

do little to reduce the total number of 

gag killed by the Gulf reef fish fishery 

because recreational harvest would still 

result in gag bycatch and subsequent 

release mortality. 

Response: The total number of gag 

caught and released under a recreational 

harvest prohibition would be less than 

if the harvest prohibition were not in 

place. Based on data from the 2006 

SEDAR assessment, recreationally 

discarded fish have a lower discard 

mortality rate (∼32 percent) than 

commercially discarded fish (∼67 

percent), and therefore the likelihood of 

survival for released fish is much higher 

for the recreational sector. This is 

because recreational effort primarily 

occurs in shallower waters where 

discard mortality rates are low. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, (RA) 

determined that the interim measures 

this final temporary rule will implement 

are necessary for the conservation and 

management of the Gulf gag resource. 

The RA has also determined that this 

final temporary rule is consistent with 

the national standards of the MagnusonStevens Act and other applicable laws. 

This final temporary rule has been 

determined to be not significant for the 

purposes of E.O. 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. 

No comments received directly raised 

issues specific to the IRFA. However, 

many comments raised concerns 

regarding the Regulatory Impact Review 

(RIR) in the Environmental Assessment 

(EA). Some of these comments address 

issues indirectly related to the IRFA. 

While the IRFA analyzes the economic 

effects on small entities, a direct 

relationship exists between the RIR and 

the IRFA. Thus, all comments related to 

the RIR and IRFA are addressed here. 

A number of public comments were 

received regarding the economic impact 

of the gag component of the reef fish 

fishery to the U.S. economy, most of 

which mentioned the economic impact 

of recreational sector. These comments 

stated that NMFS did not conduct an 

economic assessment of the affected 

economic environment, the assessment 

was incomplete, or the assessment was 

inaccurate. 

Using the best available information, 

NMFS conducted an economic impact 

assessment of the gag component of the 

reef fish fishery to the U.S. economy. 

For the commercial sector, this 

assessment included information 

regarding the number of affected 

shareholders and vessels, their landings, 

gross revenue, shares and allocation of 

gag, and the distribution of longline 

endorsements. Information regarding 

the number of affected dealers, as well 

as the volume and value of their seafood 

purchases, was also included. The 

assessment also included information 

regarding the value of imported grouper. 

In addition, ex-vessel revenue was used 

to generate estimates of impacts to the 

U.S. economy in terms of output, 

income, and the number of full-time 

equivalent (FTE) jobs. 

For the recreational sector, the 

analysis included estimates of losses in 

pounds and number of fish, which were 

used to estimate the loss in consumer 

surplus to all anglers. For the for-hire 

sector, the analysis also incorporated 

estimates of the number of adversely 

affected for-hire (charter and headboat) 

vessels, as well as the reduction in 

target trips for gag and net operating 

revenue by month and for the duration 

of the closure. In addition, estimates of 

adverse economic impacts to the U.S. 

economy in terms of lost output, valueadded, and the number of full-time 

equivalent (FTE) jobs were also 

provided. Estimates of these adverse 

economic impacts were also broken 

down by State and mode. For these 

reasons, no changes were made to this 

final rule as a result of these comments. 

This final temporary rule is expected 

to directly affect commercial harvesting 

and for-hire 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. 

For for-hire vessels, the other qualifiers 

apply and the receipts threshold is $7.0 

million (NAICS code 713990, 

recreational industries). 

This final temporary rule is expected 

to directly affect commercial fishing 

vessels whose owners possess gag 

fishing quota shares and for-hire fishing 

vessels that harvest gag. 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 875 

entities specifically received gag shares 

and an initial allocation of the 

commercial sector’s gag quota in 2010. 

These 875 entities are expected to be 

directly affected by the actions to reduce 

the commercial quota for gag and 

disallow the conversion of red grouper 

allocation to multi-use allocation. 

Of the 875 entities that initially 

received gag shares, 215 were not 

commercially fishing in 2008 or 2009 

and thus had no commercial fishing 

revenue during these years. On average, 

these 215 entities received an initial 

allocation of 874 lb (397 kg) of gag in 

2010. Eight of these 215 entities also 

received a bottom longline endorsement 

in 2010. These 8 entities received a 

much higher initial allocation of gag in 

2010, with an average of 3,139 lb (1,427 

kg). 

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The other 660 entities that initially 

received gag 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 commercial gag fishing quota 

shares was approximately $606,000 

(2008 dollars). 

The average charterboat is estimated 

to earn approximately $88,000 (2008 

dollars) in annual revenue, while the 

average headboat is estimated to earn 

approximately $461,000 (2008 dollars). 

Based on these values, all commercial 

and for-hire fishing vessels expected to 

be directly affected by this final 

temporary rule are determined for the 

purpose of this analysis to be small 

business entities. 

Of the 660 commercial fishing vessels 

with commercial landings in 2008 or 

2009, 139 vessels did not have any gag 

landings in 2008 or 2009. Their average 

annual gross revenue in these 2 years 

was approximately $50,800 (2008 

dollars). The vast majority of these 

vessels’ commercial fishing revenue is 

from a combination of snapper, 

mackerel, dolphin, and wahoo landings. 

On average, in 2010, these vessels 

received an initial allocation of 540 lb 

(245 kg) of gag quota. 

The remaining 521 commercially 

active fishing vessels did have landings 

of gag in 2008 or 2009. Their average 

annual gross revenue from commercial 

fishing was approximately $71,000 

(2008 dollars) between the two years. 

On average, these vessels had 2,375 lb 

(1,080 kg) and 1,300 lb (591 kg) of gag 

landings in 2008 and 2009 respectively, 

or 1,835 lb (834 kg) between the 2 years. 

Gag landings accounted for 

approximately 8 percent of these 

vessels’ annual average gross revenue, 

and thus they are somewhat, though not 

significantly, dependent on revenue 

from gag landings. These vessels’ 

average initial gag allocation in 2010 

was 2,121 lb (964 kg). Therefore, on 

average, their 2008 gag landings were 

very near their 2010 gag allocation, but 

their 2009 gag landings were 

considerably less than their 2010 

allocation. 

Of these 521 vessels, 52 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 gag 

landings decreased from approximately 

$15,900 to $8,400 in 2009 and thus they 

became relatively less dependent on gag 

landings. These vessels are highly 

dependent on revenue from red grouper 

landings, which accounted for 54 

percent and 47 percent of their gross 

revenue in 2008 and 2009, respectively. 

Revenue from deep-water grouper 

(DWG) landings decreased only slightly, 

from approximately $36,000 in 2008 to 

$31,000 in 2009, and thus these vessels 

became relatively more dependent on 

revenue from DWG landings. Their 

average initial 2010 allocation of gag 

was approximately 5,507 lb (2,503 kg) 

while their average gag landings were 

3,933 lb (1,788 kg) and 2,204 lb (1,002 

kg) in 2008 and 2009, respectively. 

Thus, vessels that now have a bottom 

longline endorsement have been 

harvesting well below that allocation in 

recent years, particularly in 2009. 

The for-hire fleet 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. The harvest of gag in the 

EEZ by for-hire vessels requires a 

charter vessel/headboat permit for Gulf 

reef fish. On March 23, 2010, there were 

1,376 valid or renewable for-hire Gulf 

reef fish permits. A valid permit is a 

non-expired permit. Expired reef fish 

for-hire permits may not be actively 

fished, but are renewable for up to 1 

year after expiration. Because of the 

extended permit renewal period, 

numerous permits may be expired but 

still renewable at any given time of the 

year during the renewal period after the 

permit’s expiration. The majority (823, 

or approximately 60 percent) of the 

1,376 valid or renewable permits were 

registered with Florida addresses. The 

registration address for the Federal 

permit does not restrict operation to 

Federal waters off that state; however, 

vessels would be subject to any 

applicable state permitting 

requirements. Although the permit does 

not distinguish between headboats and 

charter vessels, it is estimated that 79 

headboats operate in the Gulf. The 

majority of these vessels (43, or 

approximately 54 percent) operate from 

Florida ports. Given that nearly 99 

percent of target effort for gag and 97 

percent of the economic impacts from 

the recreational sector for gag in the 

Gulf reef fish fishery are in west Florida, 

it is assumed that the 823 for-hire 

vessels (780 charter vessels and 43 

headboats) in Florida are expected to be 

directly affected by the action to reduce 

the recreational bag limit for gag to zero. 

The 215 entities with gag 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 commercial quota for gag, 

their allocation of gag in 2011 would be 

reduced, on average, from 874 lb (397 

kg) to 61 lb (28 kg), or by approximately 

813 lb (370 kg). Using the 2008 average 

price of $3.52 per lb, this loss in 

allocation could potentially represent an 

annual loss of nearly $2,900 in gross 

revenue per entity. For the eight entities 

with gag shares that also possess 

longline endorsements, their average 

annual allocation of gag would be 

reduced from 3,139 lb (1,427 kg) to 220 

lb (100 kg), or by 2,919 lb (1,327 kg). 

Thus, their potential loss in gross 

revenue, estimated to be nearly $10,280, 

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 gag in 2011 and at a 

level above their reduced allocation. 

Alternatively, these potential losses in 

gross revenue could be due to these 

entities’ inability to sell the allocations 

they are losing under this action, though 

this possibility presumes that a demand 

for these allocations exists. Regardless, 

the significance of this potential loss in 

gross revenue to these 215 entities 

cannot be evaluated given the lack of 

information on potential gross revenue 

and profit from commercial fishing in 

general and specifically for gag. 

Profit estimates are not currently 

available for the 139 entities with gag 

shares that participated in commercial 

fisheries other than gag. However, since 

these vessels did not have any gag 

landings, none of their gross revenue 

and thus none of their profit were the 

result of gag harvests. Under the action 

to decrease the commercial quota for 

gag, their average allocation of gag in 

2011 would be reduced from 540 lb (245 

kg) to 38 lb (17 kg), or by approximately 

502 lb (228 kg). Using the 2008 average 

price of $3.52 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 

gag 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 

gag 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, these 

losses in gross revenue could be due to 

these entities’ inability to sell the 

allocations they are losing under this 

action, though this possibility presumes 

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74654 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

that a demand for these allocations 

exists. 

Profit estimates are not currently 

available for the 521 entities with gag 

shares that participated in the 

commercial gag sector of the Gulf reef 

fish fishery in 2008 or 2009. Under the 

action to decrease the commercial gag 

quota, these vessels’ gag allocations 

would be reduced from 2,121 lb (964 kg) 

to 148 lb (67 kg), or by approximately 

1,973 lb (897 kg) on average. As these 

vessels have been harvesting at levels 

near their 2010 allocation in recent 

years on average, this reduction in gag 

allocation is likely to lead to a future 

reduction in gag landings and therefore 

gross revenue. Using the average 2008 

price of $3.52 per pound, it is estimated 

that these vessels could lose nearly 

$6,950, or approximately 10 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 52 vessels with gag 

shares that were active in the gag 

component of the Gulf reef fish fishery 

and also received a bottom longline 

endorsement in 2010, their allocation of 

gag in 2011 would decrease from 5,707 

lb (2,594 kg) to 400 lb (182 kg), or by 

approximately 5,307 lb (2,412 kg) under 

this action. This loss in landings is 

estimated to be valued at approximately 

$18,700 in gross revenue, or 12 percent 

of their average annual gross revenue. 

Such a loss in gross revenue would 

likely reduce their profit. 

Under the action to suspend the 

conversion of red grouper allocation 

into multi-use allocation valid toward 

the harvest of red grouper or gag, 

minimal adverse economic effects are 

expected as a result of commercial 

fishing entities not being allowed to 

convert 4 percent of their red grouper 

allocation into multi-use allocation. 

Multi-use allocation that has been 

converted from red grouper allocation 

can only be used to possess, land, or sell 

gag after an entity’s gag and gag multiuse allocation has been landed, sold, or 

transferred. As a result of this reduction 

in the commercial gag quota, it is likely 

these entities will exhaust their gag and 

gag multi-use allocations relatively early 

in 2011. Revenue from gag landings is 

greater than revenue from an equivalent 

amount of red grouper landings since 

gag commands a relatively higher 

market price. Thus, total commercial 

fishing revenue and, therefore, profit per 

vessel could be slightly less than if the 

multi-use conversion were allowed to 

continue. 

Net operating revenues (NOR) are 

assumed to be representative of profit 

for for-hire vessels. It is assumed that 

823 for-hire vessels, 780 charter vessels, 

and 43 headboats, participate in the 

recreational gag component of the Gulf 

reef fish fishery. Estimates of NOR from 

recreational fisheries other than gag, and 

thus across all fisheries in which these 

charter vessels and headboats 

participate, are not currently available. 

However, on average, NOR for charter 

vessels from trips targeting gag are 

estimated to be approximately $1.34 

million per year while NOR for 

headboats from trips targeting gag are 

estimated to be $81,000 per year. NOR 

for all trips targeting gag are estimated 

to be approximately $1.35 million per 

year. The average annual NOR from 

trips targeting gag are estimated to be 

$1,716 per charter vessel and $1,881 per 

headboat. 

When the length of the gag season is 

reduced by setting the recreational bag 

limit for gag at zero, some trips that 

formerly targeted gag will instead target 

other species while other trips that 

formerly targeted gag will be cancelled. 

Assuming the NOR per trip is constant 

regardless of the species targeted, forhire operators will only lose NOR from 

trips cancelled as a result of the 

shortened season length. Information 

regarding the number of trips cancelled 

as a result of the shortened season is not 

current available. Thus, this analysis 

assumes that all of the current for-hire 

trips targeting gag will be cancelled. 

Because some of these trips would 

probably not be cancelled, this 

assumption is expected to overestimate 

the actual reduction in NOR associated 

with a shorter season. Thus, the 

following estimates of losses in NOR 

and profit for charter vessels and 

headboats should be considered 

maximum values. 

Under the action to set the gag 

recreational bag limit for gag at zero, the 

losses in NOR from trips targeting gag 

for charter vessels and headboats are 

estimated to be approximately $750,000 

and $43,000, respectively, if this final 

temporary rule is not extended for up to 

186 days as allowed under the 

Magnuson-Stevens Act for interim 

measures. Thus, the losses in NOR from 

trips targeting gag are estimated to be 

$962 and $1,000 per charter vessel and 

headboat, respectively. These NOR 

losses represent a loss in profit from 

trips targeting gag of approximately 56 

percent and 53 percent per charter 

vessel and headboat, respectively. 

However, if there is an extension of this 

final temporary rule, the losses in NOR 

for charter vessels and headboats are 

estimated to be approximately $1.34 

million and $81,000, respectively. Thus, 

the losses in NOR are estimated to be 

$1,716 and $1,881 per charter vessel 

and headboat, respectively. These losses 

in NOR represent a loss in profit for all 

charter vessel and headboat trips 

targeting gag. This action is not 

expected to affect profit for charter 

vessels and headboats from trips not 

targeting gag. Vessel dependence on 

fishing for individual species cannot be 

determined with available data. 

Although some vessels are likely more 

dependent on trips that target gag than 

other vessels, overall, about three 

percent of for-hire anglers are estimated 

to target gag. As a result, while the 

action would be expected to 

substantially affect the NOR derived 

from gag trips, overall, gag trips do not 

comprise a substantial portion of total 

for-hire trips nor would they, by 

extension, be expected to account for a 

substantial portion of total for-hire NOR. 

No additional economic effects would 

be expected to result from the revised 

SWG quota because the updated SWG 

quota simply reflects the reduction in 

the commercial gag quota, the effects of 

which have already been discussed. 

Three alternatives, including the 

status quo, were considered for the 

action to reduce the commercial quota 

for gag from 1.49 million lb (0.68 

million kg) to 100,000 lb (45,359 kg) in 

2011. The first alternative, the status 

quo, would have maintained the 

commercial quota for gag at 1.49 million 

lb (0.68 million kg) in 2011. This 

alternative is not consistent with the 

goals and objectives of the Council’s 

plan to manage gag to achieve the 

mandates of the Magnuson-Stevens Act. 

Specifically, selection of this alternative 

would be inconsistent with current 

National Standard 1 guidance because 

this quota would be above the allowable 

biological catch (ABC) recommended by 

the Council’s SSC of 1.17 million lb 

(0.53 million kg) for 2011. In addition, 

this alternative would promote 

overfishing and slow recovery of the 

stock. 

The second alternative would have set 

the commercial quota for gag at 390,000 

lb (0.18 million kg), with one option to 

release the entire quota on January 1, 

2011 and a second option to release 50 

percent of the quota on January 1, 2001 

and the remaining 50 percent on July 1, 

2011. This quota is based on projected 

fishing mortality at optimum yield (FOY) 

yield streams, 1.01 million lb (0.46 

million kg) for 2011, and is consistent 

with the methods used by the Council 

in Amendment 30B for setting the 

annual catch target. This harvest level 

corresponds with the Council’s initial 

request for an interim rule at its June 

2010 meeting. The commercial quota for 

gag under this alternative is less than 

what the quota would be if based on the 

SSC’s ABC recommendation (FRebuild

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Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 74655 

yield stream) of 1.17 million lb (0.53 

million kg). Based on the SSC’s 

recommendation, selecting this 

alternative would have a less than 50 

percent chance of overfishing by the 

commercial sector and would provide a 

greater than 50 percent chance of 

rebuilding the stock if this yield stream 

is adhered to in future actions. 

However, recent discrepancies with the 

estimation of dead discards could affect 

how the assessment projects the status 

of the stock. If these discrepancies show 

a more pessimistic condition of the 

stock when the assessment is rerun, 

then selecting this alternative could 

result in harvest levels inconsistent with 

rebuilding the stock within the time 

frames outlined in the MagnusonStevens Act. Should these discrepancies 

result in a more optimistic condition of 

the stock, then the commercial quota for 

gag could be increased in subsequent 

actions. 

The third alternative is the most 

conservative and would set the 

commercial quota for gag equal to zero. 

Under this alternative, any addition to 

the quota would be initiated through 

Amendment 32 or some other 

rulemaking vehicle. Closure of the 

commercial sector to gag would benefit 

the stock by ending overfishing as well 

as halt gag fishing during the primary 

gag spawning season. However, this 

alternative would not allow gag 

allocation holders to land gag that might 

be caught incidentally when fishing for 

other species. Instead, these fish would 

have to be released. Because the 

commercial sector generally operates in 

relatively deep waters, a large 

proportion of these fish would likely die 

from barotrauma (injuries sustained in 

response to the sudden pressure change 

when brought to the surface from depth) 

and from handling onboard the vessel. 

Release mortality has been estimated to 

be 67 percent on average for commercial 

discards. This high rate of discard 

mortality would contribute to overall 

mortality, thereby slowing recovery of 

the stock and thus is contrary to the 

Council’s objectives. 

Two alternatives, including the status 

quo, were considered for the action to 

suspend the ability of allocation holders 

to convert red grouper allocation into 

multi-use allocation valid toward the 

harvest of red grouper or gag. The first 

alternative, the status quo, would 

continue to allow 4 percent of the red 

grouper allocation to be converted into 

multi-use allocation. This alternative is 

expected to result in gag harvests that 

would exceed specified annual catch 

limits, promote overfishing, and 

therefore slow recovery of the stock, 

contrary to the Council’s objectives. 

Further, this alternative is also expected 

to result in greater adverse economic 

effects stemming from the corrective 

measures that would be implemented to 

address the over-harvesting of gag. 

The second alternative would allow a 

smaller percentage (1.6 percent) of red 

grouper allocation to be converted into 

multi-use allocation based on the buffer 

existing between the commercial annual 

catch limit (ACL) and quota for gag. 

This alternative is consistent with a gag 

commercial ACL of 1.76 million lb (0.8 

million kg) and a 1.49 million lb (0.68 

million kg) commercial quota for gag. 

Since this final rule will establish the 

commercial quota for gag at only 

100,000 lb (45,359 kg), the percentage of 

red grouper allocation that could be 

converted to multi-use allocation is too 

high under this alternative as it is 

expected to result in gag harvests that 

would exceed specified ACLs, promote 

overfishing, and therefore slow recovery 

of the stock, contrary to the Council’s 

objectives. 

Two alternatives, including the status 

quo, were considered for the action to 

set the recreational bag limit at zero. 

The first alternative, the status quo, 

would maintain the recreational catch 

target at 2.20 million lb (1 million kg) 

as defined in Amendment 30B and thus 

maintain the current recreational bag 

limit of two gag within the four fish 

aggregate grouper bag limit. Selection of 

this alternative would be inconsistent 

with current National Standard 1 

guidance because this level of harvest 

would be above the ABC recommended 

by the Council’s SSC of 1.17 million lb 

(0.53 million kg) for 2011. In addition, 

this alternative would promote 

overfishing and slow recovery of the 

stock. 

The second alternative would set the 

gag bag limit to zero on the date when 

620,000 lb (0.28 million kg) of gag is 

projected to be landed by the 

recreational sector in 2011. This harvest 

level is consistent with the fishing 

mortality rate associated with the 

optimum yield (OY) used by the 

Council in Amendment 30B to set the 

recreational annual catch target. Under 

certain assumptions regarding the 

disposition of discards, this alternative 

is expected to result in a fishing season 

of 83 days. Given the closure of the 

SWG recreational sector annually from 

February 1 to March 31, fishing would 

be allowed for the month of January and 

from April 1 to May 22. However, this 

fishing season is dependent on 

achieving the same percentage 

reduction in dead discards as obtained 

from the harvest. If these levels of 

reduction are not met, then harvesting 

this amount of fish could exceed the 

reductions needed for the stock to 

recover under the rebuilding plan being 

developed in Amendment 32 which, in 

turn, could require deeper cuts in future 

harvests than those projected by the 

current assessment update. 

Although, as specified by the 

Magnuson-Stevens Act, the actions in 

this final temporary rule do not need to 

end overfishing, they do need to reduce 

overfishing. This alternative could limit 

the types of long-term measures 

developed by the Council in 

Amendment 32 that could be applied to 

the 2011 fishing year since the 620,000 

lb (0.28 million kg) catch target would 

likely be achieved before rulemaking 

from Amendment 32 is implemented. 

Therefore, the harvest for the rest of the 

fishing year could be zero and any longterm measures developed in 

Amendment 32 would not apply until 

2012. 

Further, recent discrepancies with the 

estimation of dead discards could affect 

how the assessment projects the status 

of the stock. If these discrepancies show 

a more pessimistic condition of the 

stock when the assessment is redone, 

then selecting this alternative could 

result in harvest levels inconsistent with 

rebuilding the stock within the time 

frames outlined in the MagnusonStevens Act. This potential outcome is 

particularly important for the 

recreational sector which harvests a 

greater proportion of the gag total catch 

than the commercial sector. Conversely, 

should these discrepancies result in a 

more optimistic condition of the stock, 

the recreational catch target and bag 

limit could be increased in subsequent 

actions. 

This final temporary rule does not 

establish any new reporting, 

recordkeeping, or other compliance 

requirements. 

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. 

■ 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 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

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74656 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

§ 622.20 [Amended] 

■ 2. In § 622.20, paragraph (b)(2)(iv)(A) 

is suspended. 

■ 3. In § 622.34, paragraph (v) is added 

to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(v) Closure of the recreational sector 

for gag. The recreational sector for gag 

in the Gulf EEZ is closed. During the 

closure, all recreational harvest and 

possession of gag grouper in or from the 

Gulf EEZ is prohibited. Such fish caught 

in the Gulf EEZ must be released 

immediately with a minimum of harm. 

■ 4. In § 622.39, paragraph (b)(1)(ii) is 

suspended, and paragraph (b)(1)(viii) is 

added, to read as follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(b) * * * 

(1) * * * 

(viii) Groupers, combined, excluding 

goliath grouper, Nassau grouper, and 

gag—4 per person per day, but not to 

exceed 1 speckled hind or 1 warsaw 

grouper per vessel per day, or 2 red 

grouper per person per day. However, 

no grouper may be retained by the 

captain or crew of a vessel operating as 

a charter vessel or headboat. The bag 

limit for such captain and crew is zero. 

* * * * * 

■ 5. In § 622.42, paragraphs 

(a)(1)(iii)(A)(3) and (a)(1)(iii)(B)(3) are 

suspended, and paragraphs 

(a)(1)(iii)(A)(4) and (a)(1)(iii)(B)(4) are 

added, to read as follows: 

§ 622.42 Quotas. 

(a) * * * 

(1) * * * 

(iii) * * * 

(A) * * * 

(4) For fishing year 2011 and 

subsequent fishing years—4.83 million 

lb (2.19 million kg). 

(B) * * * 

(4) For fishing year 2011 and 

subsequent fishing years—100,000 lb 

(45,359 kg). 

* * * * * 

[FR Doc. 2010–30167 Filed 11–30–10; 8:45 am] 

BILLING CODE 3510–22–P 

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 

§ 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 

gulfcouncil@gulfcouncil.org; 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, 

rich.malinowski@noaa.gov, or the Office 

of Management and Budget (OMB), by email to OIRA Submission@omb.eop.gov, 

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 § 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, recodification 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 

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