74648 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

which the vessel was lost, or for either 

of the two subsequent licensing periods, 

NMFS will consider the replacement 

vessel to have the license application 

approval status and history of the lost or 

destroyed vessel for the purpose of 

applying the prioritization criteria of 

paragraph (k)(4) of this section, 

provided that the ownership of the lost 

or destroyed vessel and the ownership 

of the replacement vessel, as determined 

by the Regional Administrator, are 

identical, and the replacement vessel 

meets the requirements for licensing 

under this subpart and the Act. 

(n) Procedures for 2011–2012 

licensing period. For the licensing 

period that starts June 15, 2011, and for 

that licensing period only, preapprovals may not be sought and will 

not be issued by NMFS. NMFS will rank 

order those applications received by 

February 5, 2011, for the 2011–2012 

licensing period by applying the criteria 

in paragraphs (k)(4)(i) and (k)(4)(ii) of 

this section, except that in lieu of using 

the criteria in (k)(4)(i), first priority will 

be given to applications for vessels that 

as of February 5, 2011, have valid 

licenses for the 2010–2011 licensing 

period. 

■ 4. In § 300.45, paragraph (d) is revised 

to read as follows: 

§ 300.45 Vessel monitoring system. 

* * * * * 

(d) Hardware and software 

specifications. The VMS unit installed 

and carried on board a vessel to comply 

with the requirements of this section 

must consist of hardware and software 

that is approved by the Administrator 

and approved by NMFS. A current list 

of hardware and software approved by 

the Administrator may be obtained from 

the Administrator. A current list of 

hardware and software approved by 

NMFS may be obtained from NMFS. 

* * * * * 

[FR Doc. 2010–30240 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. 100510220–0581–04] 

RIN 0648–AY90 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Emergency Fisheries Closure in the 

Gulf of Mexico Due to the Deepwater 

Horizon MC252 Oil Spill; Amendment 3 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary emergency rule; 

amendment; request for comments. 

SUMMARY: NMFS issues this temporary 

rule to revise the existing procedures for 

closing and reopening areas of the Gulf 

of Mexico (Gulf) exclusive economic 

zone (EEZ) for the royal red component 

of the Gulf shrimp fishery in response 

to a fishery interaction of the Gulf 

shrimp fishery with oil or oil 

byproducts from the Deepwater Horizon 

MC252 oil spill. The revisions to the 

procedures for closing and reopening 

allow for timely adjustment to the 

spatial and temporal scale of closed 

areas to fishing for royal red shrimp in 

response to new information regarding a 

fishery interaction with the Gulf shrimp 

fishery with sub-surface oil and oil 

byproducts. To facilitate timely notice 

to the public of such closures, the 

closed portions of Federal waters will be 

updated on a regular basis and 

announced to the public via NOAA 

Weather Radio, Fishery Bulletin, and 

NOAA Web site updates, or the public 

may obtain the information by calling 

the Deepwater MC252 Oil Spill Hotline 

at 800–627–6622. The action being 

taken pursuant to this temporary rule is 

to prohibit royal red shrimp fishing in 

a specific area of the Gulf in response 

to a known interaction of this 

component of the shrimp fishery with 

sub-surface oil and oil byproducts. This 

temporary rule would remain in effect 

for 10 days, unless superseded by 

subsequent rulemaking. The intended 

effect of this temporary rule is to 

promote seafood safety and consumer 

confidence in seafood products. 

DATES: This rule is effective November 

26, 2010 through December 4, 2010, 

unless superseded by subsequent 

rulemaking. Comments may be 

submitted by December 24, 2010. 

ADDRESSES: You may submit comments 

on this rule, identified by ‘‘0648–AY90’’ 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 727–824–5308; Attention: 

Anik Clemens. 

• Mail: Anik Clemens, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period. All comments 

received are a part of the public record 

and will generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2010–0244’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of the environmental 

assessment, signed on June 17, 2010, 

may be obtained from Susan Gerhart, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701–5505; telephone: 727–824–5305; 

e-mail: Susan.Gerhart@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, telephone: 727–824– 

5305, fax: 727–824–5308; e-mail: 

anik.clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) provides the 

legal authority for the promulgation of 

emergency regulations under section 

305(c). 

Background 

NMFS responded to the April 20, 

2010 Deepwater Horizon MC252 oil 

spill by closing a portion of the Gulf 

EEZ to all fishing through an emergency 

rule effective May 2, 2010 (75 FR 24822, 

May 6, 2010). Oil continued to leak from 

the Deepwater Horizon MC252 site and 

the spatial and temporal location of the 

oil in the Gulf EEZ continued to change. 

NMFS revised the closed area in a 

second emergency rule that became 

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Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 74649 

effective May 7, 2010 (75 FR 26679, May 

12, 2010). The dynamic situation 

regarding the Deepwater Horizon 

MC252 oil spill required a method to 

respond rapidly to changing conditions. 

Delaying the announcement of the new 

fishery closed area could have led to the 

possible harvest of adulterated seafood 

products. Therefore, NMFS issued a 

third emergency rule, effective May 11, 

2010 (75 FR 27217, May 14, 2010) that 

allowed NMFS to revise the closed area 

as needed (on a daily or weekly basis) 

and announce the revised closed area 

via NOAA Weather Radio, Fishery 

Bulletin, and NOAA Web site updates, 

without the need to announce the new 

closure boundary coordinates in the 

Federal Register. 

Procedures for Closing and Reopening 

Areas Affected by the Oil Spill 

The third emergency rule also 

identified a procedure for reopening 

closed areas. Closed areas may be 

reopened if NMFS has determined that 

oil from the Deepwater Horizon MC252 

oil spill has never been in those areas. 

Closed areas may also be reopened if 

NMFS has determined that fish and 

other marine species within the closed 

area meet FDA standards for public 

health and wholesomeness. The 

procedures did not specifically address 

fishery interactions with sub-surface oil 

or oil byproducts. This temporary rule 

revises the NMFS procedure by 

allowing for timely adjustment of the 

spatial and temporal scale of closed 

areas to fishing activities in response to 

new information regarding an 

interaction of the Gulf shrimp fishery 

with sub-surface oil and oil byproducts. 

Need for This Temporary Rule 

In response to this interaction, which 

occurred approximately 22 miles (35 

km) from the Deepwater Horizon MC252 

well head, NMFS is taking temporary 

action to prohibit royal red shrimp 

fishing in a specific area of the Gulf 

EEZ. The area of the Gulf EEZ currently 

closed to all fishing would continue to 

remain in effect. 

The public may obtain the updated 

boundary coordinates for the fishery 

closed area by listening to NOAA 

Weather Radio, visiting various NOAA 

Web sites, reading the e-mailed or 

posted Fishery Bulletins, receiving a 

text message or a tweet that the closed 

area has been revised, or by calling the 

Deepwater Horizon MC252 oil spill 

hotline number (1–800–627–6622) to 

listen to a recorded message of the 

updated boundary coordinates. To 

improve public outreach, the fishery 

bulletins and the recorded messages are 

also available in Spanish and 

Vietnamese. 

This rulemaking informs the public of 

the boundary coordinates of the current 

area closed to all fishing as well as the 

new area closed to royal red shrimp 

fishing only. The current area closed to 

all fishing related to the Deepwater 

Horizon MC252 oil spill, as of 

November 15, 2010, is bounded by 

rhumb lines connecting, in order, the 

following coordinates: 

Point North 

lat. 

West 

long. 

A ........................ 29°00′ 88°30′ 

B ........................ 29°00′ 88°00′ 

C ........................ 28°30′ 88°00′ 

D ........................ 28°30′ 88°30′ 

A ........................ 29°00′ 88°30′ 

The area closed to royal red shrimp 

fishing only, as of 6 p.m. Eastern Time, 

on November 24, 2010, is bounded by 

rhumb lines connecting, in order, the 

following coordinates: 

Point North lat. West long. 

A .......................................................................... 29°30′ ............................................................................................ LA State/EEZ boundary. 

B .......................................................................... 29°30′ ............................................................................................ 87°30′ 

C .......................................................................... 29°00′ ............................................................................................ 87°30′ 

D .......................................................................... 29°00′ ............................................................................................ 88°30′ 

E .......................................................................... 28°30′ ............................................................................................ 88°30′ 

F .......................................................................... 28°30′ ............................................................................................ 89°00′ 

G .......................................................................... LA State/EEZ boundary ................................................................ 89°00′ 

From point G follow the state/EEZ boundary 

back to point A.

A .......................................................................... 29°30′ ............................................................................................ LA State/EEZ boundary. 

Pursuant to second 305(c) of the 

Magnuson-Stevens Act, this rule will 

remain in effect for 10 days, unless 

superseded by subsequent rulemaking. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). 

This rulemaking is a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. The Department 

of Commerce has notified the Office of 

Management and Budget Office of 

Information and Regulatory Affairs 

(OMB/OIRA) under section 6(a)(3)(D) of 

the Executive Order, and OMB/OIRA 

agrees, that NOAA is promulgating this 

action in an emergency situation and 

that normal Executive Order review is 

not practicable at this time. For this 

reason, OMB/OIRA has not reviewed 

this notice under EO 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. Prior notice and the 

opportunity for public comment would 

be impracticable and contrary to the 

public interest, as delaying this action is 

a seafood safety concern and could 

result in compromised seafood products 

reaching the public. This action allows 

NMFS to close and reopen areas of the 

Gulf, as needed, in response to new 

information regarding the royal red 

shrimp component of the Gulf shrimp 

fishery with sub-surface oil and oil 

byproducts. This rule closes an area of 

the Gulf EEZ to royal red shrimp fishing 

in response to an interaction with the 

Gulf shrimp fishery and sub-surface oil 

and oil byproducts that occurred 

approximately 22 miles (35 km) from 

the Deepwater Horizon MC252 well 

head. The intent of this action is to 

prevent the harvest of adulterated 

seafood products. A timely response is 

needed to ensure seafood safety and 

consumer confidence in seafood 

products. 

For the reasons stated above, the AA 

also finds good cause to waive the 30- 

day delay in effective date of this rule 

under 5 U.S.C. 553(d)(3). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

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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 

WReier-Aviles on DSKGBLS3C1PROD with RULES