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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Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 74657 

§ 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 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 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 

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74658 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

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 

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

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The second alternative would have set 

the red grouper commercial quota at 

4.80 million lb (2.18 million kg). This 

amount is equal to 85 percent of the 

yield of the fishing mortality at 

maximum sustainable yield (FMSY), 

which the SSC considered sufficient to 

reduce the probability that overfishing 

might occur in 2011. However, this 

alternative is inconsistent with the 

method established by the Council in 

Amendment 30B where the annual 

catch target will be based on the yield 

associated with the fishing mortality at 

OY (FOY). 

One alternative, the status quo, was 

considered for the action to require 

vessels with valid commercial Gulf reef 

fish permits to mark their buoy gear 

with the official vessel number. The 

Council and NMFS have determined 

that the current definition of buoy gear 

is ambiguous. This ambiguity has led to 

problems with monitoring and 

enforcement of buoy gear regulations 

and thus a clearer definition of this gear 

type is being implemented. By not 

requiring the marking of buoy gear, this 

alternative will not improve the 

monitoring and enforcement of buoy 

gear regulations since law enforcement 

personnel will not be able to determine 

which vessel deployed the gear if the 

gear is left unattended. 

This final rule contains a collectionof-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. 

■ 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 § 622.2, the definition of ‘‘buoy 

gear’’ is revised to read as follows: 

§ 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. 

* * * * * 

■ 3. In § 622.6, paragraph (b)(3) is added 

to read as follows: 

§ 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. 

■ 4. In § 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: 

§ 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 § 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. 

* * * * * 

■ 5. In § 622.49, the second sentence of 

paragraph (a)(1)(ii) is revised to read as 

follows: 

§ 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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