[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74656-74660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30168]


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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.

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SUMMARY: NMFS issues this final rule to implement actions identified in 
a regulatory amendment to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico 
Fishery Management Council (Council). This final rule reduces the 
commercial quota for red grouper and, thus, the combined commercial 
quota for shallow water grouper (SWG) species, and requires vessels 
with valid commercial Gulf of Mexico (Gulf) reef fish permits to mark 
their buoy gear with the official vessel number. This rule also 
implements minor revisions to codified text, including a revised 
definition of buoy gear, re-codification of the commercial and 
recreational quotas for greater amberjack, revision of the recreational 
accountability measure for greater amberjack, and removal of outdated 
language for the red snapper individual fishing quota (IFQ) program. 
The intended effect of this final rule is to help prevent overfishing 
of red grouper while achieving optimum yield (OY) by reducing red 
grouper harvest, consistent with the findings of the recent stock 
assessment for this species, and to implement technical corrections to 
the regulations.

DATES: This rule is effective January 1, 2011, except for the amendment 
to Sec.  622.42(a)(1)(iii)(A), which will be effective upon further 
notification in the Federal Register.

ADDRESSES: Copies of the regulatory amendment, which includes an 
environmental assessment and regulatory impact review, may be obtained 
from the Gulf of Mexico Fishery Management Council, 2203 North Lois 
Avenue, Suite 1100, Tampa, FL 33607; telephone 813-348-1630; fax 813-
348-1171; e-mail <a href="/cdn-cgi/l/email-protection#c2a5b7aea4a1adb7aca1abae82a5b7aea4a1adb7aca1abaeecadb0a5"><span class="__cf_email__" data-cfemail="fa9d8f969c99958f94999396ba9d8f969c99958f94999396d495889d">[email protected]</span></a>; 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, 
<a href="/cdn-cgi/l/email-protection#a8dac1cbc086c5c9c4c1c6c7dfdbc3c1e8c6c7c9c986cfc7de"><span class="__cf_email__" data-cfemail="3d4f545e5513505c515453524a4e56547d53525c5c135a524b">[email protected]</span></a>, or the Office of Management and Budget (OMB), 
by e-mail to OIRA <a href="/cdn-cgi/l/email-protection#2c7f594e41455f5f4543426c43414e0249435c024b435a"><span class="__cf_email__" data-cfemail="d083a5b2bdb9a3a3b9bfbe90bfbdb2feb5bfa0feb7bfa6">[email protected]</span></a>, or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the FMP. The FMP was prepared by the Council and is 
implemented through regulations at 50 CFR part 622 under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).
    On October 18, 2010, NMFS published a proposed rule for the red 
grouper regulatory amendment and requested public comment (75 FR 
63780). The proposed rule and the regulatory amendment outline the 
rationale for the measures contained in this final rule. A summary of 
the provisions implemented by this final rule is provided below.
    This final rule will reduce the red grouper commercial quota from 
5.75 million lb (2.53 million kg) to 4.32 million lb (1.96 million kg), 
and thus the combined SWG commercial quota from 7.65 million lb (3.47 
million kg), as specified in Sec.  622.42(a)(1)(iii)(A) for 2011 and 
subsequent fishing years, to 6.22 million lb (2.82 million kg) for 2011 
and subsequent fishing years, and require vessels with valid commercial 
Gulf reef fish permits to mark their buoy gear with the official vessel 
number. This final rule will also make minor revisions to the codified 
text, including a revised definition of buoy gear, re-codification of 
the commercial and recreational quotas for greater amberjack, revision 
of the recreational accountability measure for greater amberjack, and 
removal of outdated language for the red snapper IFQ program. The 
purpose of this final rule is to help prevent overfishing of red 
grouper while achieving OY by reducing red grouper harvest consistent 
with the findings of the recent stock assessment for this species.

Effective Dates

    This rule is effective January 1, 2011, except for the commercial 
SWG quota contained in this final rule. NMFS is delaying, until a 
future notification in the Federal Register, the commercial quota for 
SWG species specified in

[[Page 74657]]

Sec.  622.42(a)(1)(iii)(A). This delay is necessary because the interim 
final rule to reduce overfishing of gag, which is published in this 
issue of the Federal Register, will also become effective January 1, 
2011, and the SWG quota contained in that interim final rule takes into 
account the temporary reduction in the gag commercial quota, and is 
therefore a lower quota than contained in this rule. After termination 
or expiration of the interim final rule, the timing of which is 
currently uncertain, NMFS will announce the effective date of the SWG 
quota contained in this final rule, unless it is superseded by 
subsequent rulemaking. Compliance with all other provisions of this 
final rule are required beginning January 1, 2011, which is the start 
of the fishing year and the date that quota share is distributed to IFQ 
participants.

Comments and Responses

    The following is a summary of the comments NMFS received on the 
proposed rule and the red grouper regulatory amendment, and NMFS 
respective responses. During the comment period, NMFS received 12 
comments on the proposed rule. The submissions included one letter from 
a Federal agency and one letter from a non-governmental organization. 
The remaining submissions were unique letters from individuals.
    Comment 1: Some commenters questioned the scientific basis used to 
assess red grouper stocks and how scientific information was applied to 
support fishery management decisions. They indicated the data used were 
outdated, flawed, or anecdotal.
    Response: Stock assessments are conducted under the scientifically 
peer reviewed Southeast Data, Assessment, and Review (SEDAR) process, 
which was initiated in 2002 to improve the quality and reliability of 
fishery stock assessments in the Gulf, South Atlantic, and U.S. 
Caribbean. SEDAR seeks improvements in the scientific quality of stock 
assessments and supporting information available to address existing 
and emerging fishery management issues. This process emphasizes 
constituent and stakeholder participation in assessment development, 
transparency in the assessment process, and a rigorous and independent 
scientific review of completed stock assessments. SEDAR is organized 
around three workshops. First, the data workshop documents, analyzes, 
and reviews datasets to be used for assessment analyses. Second, the 
assessment workshop develops and refines quantitative population 
analyses and estimates population parameters. The final workshop is 
conducted by a panel of independent experts who review the data and the 
assessment and recommend the most appropriate values of critical 
population and management quantities. The 2006 red grouper assessment 
and 2009 update assessment were both conducted within this SEDAR 
process. All workshops and Council initiated meetings to review the 
assessment were open to the public and included constituent 
participation on the various SEDAR panels to ensure the transparency of 
the data and how it was applied in the assessments. The data 
incorporated into the SEDAR assessment is derived from both fishery-
dependent and fishery-independent data. Examples of fishery-dependent 
data include, but are not limited to; logbook data, trip tickets, 
dockside sampling, dealer reports, and marine recreational fishing 
statistical survey (MRFSS). Fishery-independent data sources consist of 
data provided through surveys and research conducted by Federal, state, 
and academic institutions. In addition, the Council's Scientific and 
Statistical Committee reviewed the assessment results and made 
recommendations to the Council about the adequacy of the assessments 
and what level to set the acceptable biological catch.
    Comment 2: One commenter questioned that red tide could be 
responsible for the 2005 mortality event modeled in the update 
assessment.
    Response: Red tide is thought to have contributed to the 2005 
episodic mortality event. In the 2009 update assessment, two models 
were run to estimate red grouper abundance. The model with the best fit 
was one that took into account decreases in indices of abundance 
thought to have occurred because of the red tide event documented in 
2005. Although the model cannot show a direct link between the red tide 
event and the decrease in red grouper abundance, it does indicate a 
variable was present in 2005 that depressed the stock size.
    Comment 3: Some commenters indicated that problems with the red 
grouper stock were due to the red grouper commercial harvest, 
particularly the longline component of the commercial sector. They 
suggested measures restricting commercial harvest such as banning or 
severely restricting longline gear use.
    Response: Recent management measures implemented through Amendment 
31 (75 FR 21512, April 26, 2010) have reduced the number of longline 
vessels in the Gulf reef fish fishery and further limited where they 
can fish. A ban on longline gear is outside the scope of this action 
because a gear ban is not currently authorized under the framework 
procedures within the FMP as a measure that may be implemented through 
a regulatory amendment. Additional management measures to rebuild the 
red grouper stock may be implemented through Amendment 32.
    Comment 4: Several commenters were against lowering the red grouper 
total allowable catch (TAC), particularly because the stock is neither 
overfished nor undergoing overfishing. One commenter pointed out that 
if the commercial sector was harvesting red grouper at a level below 
the TAC, then there is no rationale for revising the current management 
measures. Commercial fishermen pointed out that by reducing the TAC, 
and thus the commercial quota, the amount of IFQ allocation they will 
receive will also be reduced making it harder to make a living 
commercial fishing.
    Response: The 2009 update assessment for red grouper indicated that 
although the stock continues to be neither overfished nor undergoing 
overfishing, the stock has declined since 2005. As described in the 
assessment's discussion of the stock's status, this decline was 
attributed to a 2005 episodic mortality event resulting in over 20 
percent additional mortality to the adult stock. Therefore, there is a 
need to improve the stock condition to a level where, at equilibrium, 
the stock can be harvested at OY. This goal is consistent with the 
Magnuson-Stevens Act, which requires NMFS and regional fishery 
management councils to prevent overfishing, and achieve, on a 
continuing basis, the OY from federally managed fish stocks. The TAC, 
and resultant commercial quota, that the Council proposed is based on 
recommendations from the SSC to allow the stock to recover to the 
equilibrium stock size where OY can be harvested.
    Comment 5: One commenter indicated that the proposed buoy gear 
definition was still too ambiguous to be effectively enforced. The 
commenter stated that gangions should not be allowed as a method to 
attach hooks to buoy gear and that there should be a limited number of 
buoy gear rigs allowed for a vessel.
    Response: The revised definition of buoy gear will enhance the 
enforceability of the use of this gear, both at sea and shoreside. By 
allowing the use of gangions for attaching hooks on buoy gear, reef 
fish fishermen who previously used longlines, but had to change their 
fishing methods because they did not qualify for a longline endorsement 
under actions

[[Page 74658]]

implemented through Amendment 31, will save money since they already 
possess gangions from their currently owned longline gear. A limit on 
the number of buoy gear rigs that can be carried on a vessel was not 
considered. The intent of the action was not to reduce the use of buoy 
gear, it was merely to more precisely identify the gear; thus measures 
limiting the amount of gear that could be used are beyond the scope of 
the issue being addressed.
    Comment 6: Several commenters indicated regionalized red grouper 
management should be considered to allow a greater proportion of the 
red grouper harvest to occur in areas where red grouper are more 
abundant.
    Response: Regionalized management was not considered as an 
alternative for this action because it will not prevent overfishing of 
red grouper. However, the Council continues to examine regionalized 
management for reef fish species. In the course of developing long-term 
management measures in Amendment 32, the Council is considering 
seasonal-area closures for grouper species, which is considered an 
example of regionalized management.
    Comment 7: One commenter indicated fishing effort is reduced 
because of current economic conditions and, therefore, no management 
measures are required for the recreational sector.
    Response: In developing fishing regulations to limit harvest, 
current and past fishing effort levels are taken into account. These 
levels would reflect trends in effort stemming from factors such as the 
economy. This was considered in the decision to not revise the 
recreational management measures for red grouper.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this red grouper regulatory amendment is necessary for the 
conservation and management of Gulf reef fish and is consistent with 
the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant economic issues raised by public comments, 
NMFS' responses to those comments, and a summary of the analyses 
completed to support the action. A copy of the full analysis is 
available from NMFS (see ADDRESSES). A summary of the FRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified.
    The preamble of this final rule and the previously published 
proposed rule provides a statement of the need for and objectives of 
this rule, and it is not repeated here.
    No significant issues associated with the economic analysis were 
raised through public comment on the proposed rule. A summary of the 
comments received are provided in the previous section of this 
preamble. No changes were made in this final rule as a result of these 
comments.
    This final rule is expected to directly affect commercial 
harvesting operations. The Small Business Administration (SBA) has 
established size criteria for all major industry sectors in the U.S., 
including fish harvesters. A business involved in fish harvesting is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $4.0 
million (NAICS code 114111, finfish fishing) for all its affiliated 
operations worldwide.
    This final rule is expected to directly affect commercial fishing 
vessels whose owners possess commercial Gulf reef fish permits or red 
grouper fishing quota shares. As of August 10, 2010, 951 entities 
possessed a valid or renewable Gulf reef fish permit. These 951 
entities are expected to be directly affected by the action to require 
vessels to mark their buoy gear with their official vessel number.
    This final rule will not alter existing reporting or record keeping 
requirements but will alter certain compliance requirements. 
Specifically, vessels with valid commercial Gulf reef fish permits will 
be required to mark their buoy gear with their official vessel number. 
The most significant burden imposed by this requirement is the time 
needed to mark the gear. Under the definition of buoy gear, the maximum 
number of buoys per vessel is expected to be 20. The time required to 
mark each buoy is estimated to be approximately 20 minutes. Thus, the 
annual time burden per vessel is approximately 6.67 hours. According to 
the most recent data from the Bureau of Labor Statistics (BLS), the 
average nominal wage for fishers and fishing related workers is $12.79, 
or $12.74 in 2008 dollars. This value is used as a monetary estimate of 
the opportunity cost of time on a per hour basis. Thus, the annual 
opportunity cost per vessel resulting from this requirement is 
estimated to be approximately $85. For the 951 vessels with valid or 
renewable commercial Gulf reef fish permits, the annual opportunity 
cost is estimated to be $80,812. Since opportunity costs impose no 
direct financial costs, this increase in opportunity costs is not 
expected to reduce profit for these vessels.
    As of October 1, 2009, 970 entities owned a valid commercial Gulf 
reef fish permit, and thus, were eligible for initial shares and 
allocation in the grouper and tilefish IFQ program. Of these 970 
entities, 908 entities initially received shares and allocation of 
grouper or tilefish, and 815 entities specifically received red grouper 
shares and an initial allocation of the commercial sector's red grouper 
quota in 2010. These 815 entities are expected to be directly affected 
by the action to reduce the red grouper commercial quota.
    Of the 815 entities that initially received red grouper shares, 191 
were not commercially fishing in 2008 or 2009 and thus had no 
commercial fishing revenue during these years. On average, these 191 
entities received an initial allocation of 6,459 lb (2,936 kg) of red 
grouper in 2010. Eight of these 191 entities also received a bottom 
longline endorsement in 2010. These 8 entities received a much higher 
initial allocation of red grouper in 2010, with an average of 
approximately 44,000 lb (20,000 kg).
    The other 624 entities that initially received red grouper shares 
and allocations in 2010 were active in commercial fisheries in 2008 or 
2009. The maximum annual commercial fishing revenue in 2008 or 2009, by 
an individual vessel with a commercial Gulf reef fish permit or red 
grouper fishing quota shares was approximately $606,000 (2008 dollars). 
Based on this value, all commercial fishing vessels expected to be 
directly affected by this final rule are determined for the purpose of 
this analysis to be small business entities.
    Of the 624 commercial fishing vessels with commercial landings in 
2008 or 2009, 126 vessels did not have any red grouper landings in 2008 
or 2009. Their average annual gross revenue in these 2 years was 
approximately $55,800 (2008 dollars). The vast majority of these 
vessels' commercial fishing revenue is from a combination of landings 
of snapper, mackerel, dolphin, and wahoo. However, as described in the 
regulatory amendment, in 2009, they did become relatively more 
dependent on landings of highly migratory species (HMS) and relatively 
less dependent on landings of deep-water grouper species. On average, 
in 2010, these vessels received an initial allocation of 2,524 lb 
(1,147 kg) of red

[[Page 74659]]

grouper quota. Five of these vessels also received a bottom longline 
endorsement in 2010.
    The remaining 498 commercially active fishing vessels did have 
landings of red grouper in 2008 or 2009. Their average annual gross 
revenue from commercial fishing was approximately $66,000 (2008 
dollars) between the two years. On average, these vessels had 9,425 lb 
(4,284 kg) and 6,734 lb (3,061 kg) of red grouper landings in 2008 and 
2009 respectively, or 8,053 lb (3,660 kg) between the 2 years. Red 
grouper landings accounted for approximately 35 percent of these 
vessels' annual average gross revenue, and thus they are relatively 
dependent on revenue from red grouper landings. These vessels' average 
initial red grouper allocation in 2010 was 8,404 lb (3,820 kg). 
Therefore, on average, their 2008 and 2009 red grouper landings are 
very near their 2010 red grouper allocation, though their red grouper 
landings differed considerably between 2008 and 2009.
    Of these 498 vessels, 49 vessels also received a bottom longline 
endorsement in 2010. These particular vessels' average annual revenue 
was approximately $156,000 (2008 dollars) in 2008 and 2009. Revenue 
from red grouper landings decreased from approximately $104,000 to 
$65,000 in 2009. Nonetheless, these vessels remain highly dependent on 
revenue from red grouper landings, which averaged approximately 36,000 
lb (13,364 kg) in 2008 and 23,000 lb (10,455 kg) in 2009. Their average 
initial 2010 allocation of red grouper was approximately 42,000 lb 
(19,091 kg) and thus their recent year's harvest has been within that 
2010 average allocation, particularly in 2009.
    The 191 entities with red grouper shares that did not participate 
in commercial fishing in 2008 or 2009 have no commercial fishing 
revenue and did not earn profit from commercial fishing in those 2 
years. Under the action to decrease the red grouper commercial quota, 
allocation of red grouper in 2011 will be reduced, on average, by 
approximately 1,608 lb (731 kg). Using the 2008 average price of $2.85 
per lb, this loss in allocation could potentially represent an annual 
loss of nearly $4,600 in gross revenue per entity. For the eight 
entities with red grouper shares that also possess longline 
endorsements, the average annual allocation of red grouper will be 
reduced by nearly 11,000 lb (5,000 kg). Thus, the potential loss in 
gross revenue, estimated to be nearly $31,400, could be much higher. 
However, in general, this potential loss in gross revenue could only 
reduce profit if these entities not only become active in commercial 
fishing, but specifically intend to harvest red grouper in 2011, and at 
a level above their reduced allocation. It is important to note that 
the commercial sector has not harvested the commercial red grouper 
quota since the 2006 fishing year. Alternatively, these potential 
losses in gross revenue could be due to these entities' inability to 
sell the allocations they are losing under the action, though this 
possibility presumes that a demand for these allocations exists. 
Nevertheless, the significance of this potential loss in gross revenue 
to these 191 entities cannot be evaluated given the lack of information 
on potential gross revenue and profit from commercial fishing in 
general and specifically for red grouper.
    Profit estimates are not currently available for the 126 entities 
with red grouper shares that participated in the commercial sector for 
species other than red grouper. However, since these vessels did not 
have any red grouper landings, none of their gross revenue and thus 
none of their profit were the result of red grouper harvests. Under the 
action to decrease the red grouper commercial quota, the average 
allocation of red grouper in 2011 will be reduced by approximately 629 
lb (286 kg). Using the 2008 average price of $2.85 per pound, this loss 
in allocation could potentially represent an annual loss of nearly 
$1,800 in gross revenue per entity. However, this potential loss in 
gross revenue could only lead to a loss in profit if these entities 
intend to become active in the red grouper component of the Gulf reef 
fish fishery in 2011 and at a level above their reduced allocation. 
Thus, for example, assuming these vessels intend to harvest red grouper 
in 2011 at a level equivalent to their 2010 allocation, and this 
harvest was in addition to, rather than in place of, their recent 
commercial fishing activities, the reduction in allocation could lead 
to a maximum loss of approximately three percent in gross revenue which 
could in turn reduce profit. Alternatively, losses in gross revenue 
could be due to these entities' inability to sell the allocations being 
lost under the action, though this possibility presumes that a demand 
for the allocations exists.
    Profit estimates are not currently available for the 498 entities 
with red grouper shares that participated in the commercial red grouper 
sector of the Gulf reef fish fishery in 2008 or 2009. Under the action 
to decrease the red grouper quota, these vessels' red grouper 
allocations will be reduced by approximately 2,092 lb (951 kg) on 
average. As these vessels have been harvesting at levels near their 
2010 allocation in recent years on average, this reduction in red 
grouper allocation is likely to lead to a future reduction in red 
grouper landings and therefore gross revenue. Using the average 2008 
price of $2.85 per pound, it is estimated that these vessels could lose 
nearly $6,000, or approximately 9 percent, in average annual gross 
revenue. A loss in gross revenue of this magnitude will likely lead to 
a reduction in profit.
    However, for the 49 vessels with red grouper shares that were 
active in the red grouper component of the Gulf reef fish fishery and 
also received a bottom longline endorsement in 2010, their allocation 
of red grouper in 2011 will decrease by approximately 10,400 lb (4,727 
kg) under the action. For these particular vessels, the loss in red 
grouper landings could range from zero to the full amount of the 
decrease in allocation, though the latter is unlikely given new 
regulations restricting the use of longline gear implemented through 
Amendment 31 (75 FR 21512, April 26, 2010). Even if these vessels 
intend to harvest red grouper in 2011 at levels comparable to 2008, 
prior to the implementation of regulations restricting the use of 
longline gear, they will only lose approximately 4,600 lb (2,091 kg) in 
red grouper landings rather than the full amount of their reduced 
allocation. This loss in landings is estimated to be valued at 
approximately $13,000 in gross revenue, or 8 percent of their average 
annual gross revenue. Such a loss in gross revenue will likely reduce 
their profit. However, if they intend to harvest at levels comparable 
to 2009, then their reduced allocation will still be above their 
intended landings. Therefore, the reduction in allocation will not lead 
to a reduction in landings from what they will have otherwise been and 
thus gross revenue and profit will also not be reduced.
    Two alternatives, including the status quo, were considered for the 
action to reduce the red grouper commercial quota to 4.32 million lb 
(1.96 million kg). The first alternative, the status quo, will have 
maintained the red grouper commercial quota at the current level of 
5.75 million lb (2.61 million kg). This alternative is not consistent 
with the goals and objectives of the Council's plan to manage red 
grouper to achieve the mandates of the Magnuson-Stevens Act. 
Specifically, this alternative will be inconsistent with current 
National Standard 1 guidance because the associated TAC of 7.57 million 
lb (3.43 million kg) will be above the allowable biological catch (ABC) 
of 6.31 million lb (2.86 million kg) recommended by the Council's SSC.

[[Page 74660]]

    The second alternative would have set the red grouper commercial 
quota at 4.80 million lb (2.18 million kg). This amount is equal to 85 
percent of the yield of the fishing mortality at maximum sustainable 
yield (F<INF>MSY</INF>), which the SSC considered sufficient to reduce 
the probability that overfishing might occur in 2011. However, this 
alternative is inconsistent with the method established by the Council 
in Amendment 30B where the annual catch target will be based on the 
yield associated with the fishing mortality at OY (F<INF>OY</INF>).
    One alternative, the status quo, was considered for the action to 
require vessels with valid commercial Gulf reef fish permits to mark 
their buoy gear with the official vessel number. The Council and NMFS 
have determined that the current definition of buoy gear is ambiguous. 
This ambiguity has led to problems with monitoring and enforcement of 
buoy gear regulations and thus a clearer definition of this gear type 
is being implemented. By not requiring the marking of buoy gear, this 
alternative will not improve the monitoring and enforcement of buoy 
gear regulations since law enforcement personnel will not be able to 
determine which vessel deployed the gear if the gear is left 
unattended.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) applicable to vessels in 
the Gulf reef fish fishery, namely, a requirement to mark buoy gear 
with the official vessel number (U.S. Coast Guard documentation number 
or state registration number).
    This requirement has been approved by the OMB under control number 
0648-0359. The public reporting burden for this collection-of-
information is estimated to average 20 minutes per buoy. This estimate 
of the public reporting burden includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information. Send comments regarding the burden estimate 
or any other aspect of the collection-of-information requirement, 
including suggestions for reducing the burden, to NMFS and to OMB (see 
ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall be subject to the requirements of the PRA 
unless that collection of information displays a currently valid OMB 
control number.

List of Subjects in 50 CFR Part 622

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

    Dated: November 24, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 622 is amended as 
follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.2, the definition of ``buoy gear'' is revised to read 
as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Buoy gear means fishing gear that fishes vertically in the water 
column that consists of a single drop line suspended from a float, from 
which no more than 10 hooks can be connected between the buoy and the 
terminal end, and the terminal end contains a weight that is no more 
than 10 lb (4.5 kg). The drop line can be rope (hemp, manila, cotton or 
other natural fibers; nylon, polypropylene, spectra or other synthetic 
material) or monofilament, but must not be cable or wire. The gear is 
free-floating and not connected to other gear or the vessel. The drop 
line must be no greater than 2 times the depth of the water being 
fished. All hooks must be attached to the drop line no more than 30 ft 
(9.1 m) from the weighted terminal end. These hooks may be attached 
directly to the drop line; attached as snoods (defined as an offshoot 
line that is directly spliced, tied or otherwise connected to the drop 
line), where each snood has a single terminal hook; or as gangions 
(defined as an offshoot line connected to the drop line with some type 
of detachable clip), where each gangion has a single terminal hook.
* * * * *

0
3. In Sec.  622.6, paragraph (b)(3) is added to read as follows:


Sec.  622.6  Vessel and gear identification.

* * * * *
    (b) * * *
    (3) Buoy gear. In the Gulf EEZ, if buoy gear is used or possessed, 
each buoy must display the official number of the vessel.

0
4. In Sec.  622.42, the first sentence of the introductory text is 
revised; paragraphs (a)(1)(i)(A) and (B) are removed; paragraphs 
(a)(1)(iii)(A) and (C) are revised; and paragraphs (a)(1)(v) and 
(a)(2)(ii) are added to read as follows:


Sec.  622.42  Quotas.

    Quotas apply for the fishing year for each species or species 
group, unless accountability measures are implemented during the 
fishing year pursuant to Sec.  622.49, due to a quota overage occurring 
the previous year, in which case a reduced quota will be specified 
through notification in the Federal Register. * * *
    (a) * * *
    (1) * * *
    (iii) * * *
    (A) SWG combined--6.22 million lb (2.82 million kg).
* * * * *
    (C) Red grouper--4.32 million lb (1.96 million kg).
* * * * *
    (v) Greater amberjack--503,000 lb (228,157 kg), round weight.
* * * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 1,368,000 lb (620,514 kg), round weight.
* * * * *

0
5. In Sec.  622.49, the second sentence of paragraph (a)(1)(ii) is 
revised to read as follows:


Sec.  622.49  Accountability measures.

    (a) * * *
    (1) * * *
    (ii) * * * In addition, if despite such closure, recreational 
landings exceed the quota, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the quota for that following year by 
the amount of the overage in the prior fishing year, and to reduce the 
length of the recreational fishing season for the following fishing 
year by the amount necessary to recover the overage from the prior 
fishing year. * * *
* * * * *

[FR Doc. 2010-30168 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-22-P


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